HomeMy WebLinkAbout09/27/04 - Private Drive - JeanneAN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR
REQUIRING USE OF PRIVATE DRIVE FOR ACCESS
(HURRICANE JEANNE)
WHEREAS, the St. Lucie County Administrator has made the following determinations:
1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state
have the power during a state of local emergency to provide for the health and safety of
persons and property.
2. The Board of County Commissioners of St. Lucie County has adopted Resolution
No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public
Safety Director to exercise certain emergency powers and authority during a local emergency.
3. The impact of Hurricane Jeanne has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property.
4. On September 24, 2004, at 7:00 a.m., the St. Lucie County Public Safety
Director declared a state of local emergency which state of emergency has been extended to
October 7, 2004.
5. In order to respond to such emergency, upon this declaration, the County
Administrator or his designee is authorized to initiate and take such actions authorized by
Resolution No. 00-277 (copy attached) for and on behalf of the Board of County
Commissioners during the term of such local state of emergency.
6. Based on the recommendation of the Public Works Director and on the advice of
local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County
Fire District Fire Chief, as a result of the effects of Hurricane Jeanne and the partial destruction
of Indian River Drive, there is a clear and present threats to life and public health and safety as
well as a threat of significant damage to improved public and private property and it is
necessary to use a private drive on property owned by Al and Kate Sanders located at 13797
Indian River Drive to provide access to Indian River Drive for emergency/law enforcement
vehicles, contractors and other agents of the County and owner and residents of property
along Indian River Drive.
7. The use of this private access is essential and will ensure the economic recovery
of the affected communities to the benefit of St. Lucie County.
8. The property owners have consented to the use of the private drive, subject to
the commitment of the County to repair any damage to the property owner's property resulting
from the use of the private drive.
NOW, THEREFORE, I am issuing the following Order:
1. Effective September 27, 2004 at 5:00 p.m., the Public Works Director is
directed to use the private drive referenced above to provide access to Indian River Drive for
the persons mentioned above.
2. During the period of use of the private drive, the County agrees to repair any
damage to the private owners' property resulting from the use of the private drive. Upon
completion of use of the private drive for access to Indian River Drive, the County agrees to
restore the private drive to at least the same condition the private drive was in prior to the use
for access.
3. This Order shall continue until October 26, 2004 at 5:00 p.m. unless sooner
rescinded by order of the County Administrator or Board of County Commissioners.
4. This Order shall, as promptly as practicable, be filed in the office of the Clerk of
the Circuit Court and delivered to the appropriate news media for publication and radio and
television broadcast thereof.
Signed effective this 27th day of September, 2004, at ~0 p.m.
I~oug~ U.//Ar~de~son '
Cou~y A~rministrator
St. Lu¢ie County
Copy to:
Board of County Commissioners
County Attorney
Al and Kate Sanders