EXECUTIVE ORDER No. 2009 - 37

DECLARATION OF EMERGENCY

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, the Governor shall, by executive order or proclamation, declare a state of disaster if he or she finds a disaster has occurred or the threat of disaster exists;

WHEREAS, under Section 2 of the Emergency Management Act, 1976 PA 390, MCL 30.402, a disaster includes an occurrence of "severe damage, injury, or loss of life or property resulting from a natural or human-made cause" and specifically includes damage resulting from a "major transportation accident";

WHEREAS, under Section 2 of the Emergency Management Act, 1976 PA 390, MCL 30.402, an emergency includes any occasion or instance in which the Governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state

WHEREAS, on July 15, 2009, an explosion occurred on Interstate 75 at 9 Mile Road in Oakland County, Michigan, as a result of a fuel tanker truck crash, causing serious and extensive damage to state road systems including road surfaces and bridges, necessitating immediate and emergency repairs;

WHEREAS, the damage occurred on a federal-aid highway;

WHEREAS, under 23 USC 125, a federal emergency fund is authorized for expenditure by the United States Secretary of Transportation for the repair or reconstruction of highways and roads that the Secretary finds have suffered serious damage as a result of catastrophic failure from any external cause provided that an application for such funds is made by a state transportation department and an emergency has been declared by the Governor and concurred in by the Secretary;

WHEREAS, under 23 USC 120(e), the United States Secretary of Transportation is authorized to provide up to 100% of the cost of emergency repairs under 23 USC 125 where those repairs are intended to minimize damage, protect facilities, or restore essential traffic within 180 days after the actual occurrence of the natural disaster or catastrophic failure;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of power and authority vested in the Governor by the Michigan Constitution of 1963, Michigan law, and 23 USC 125 and 120(e), proclaim and order:

A. An emergency is declared on Interstate 75 at 9 Mile Road in Oakland County as a result of the July 15, 2009 explosion and consequent damage to the road and bridge surfaces and structures, immediate repairs are necessary to minimize damage, protect facilities, and restore essential traffic, and the repair and reconstruction of the damaged highway is vital to the security, well-being, and health of the citizens of this state.  A copy of this order shall be transmitted to the United States Secretary of Transportation and the Secretary is requested to concur in this declaration of emergency.

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 21st day of July in the year of our Lord, two thousand and nine.

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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:

 

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SECRETARY OF STATE