Ordinance 1976-29 FHD:GKH
ORDINANCE NO.
AN ORDINANCE RELATING TO THE ESTABLISHMENT
OF EMERGENCY SERVICES AND DISASTER AGENCY
FOR THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS
BE IT ORDAINED by the City Council of the UNITED
CITY OF THE VILLAGE OF YORKVILLE that:
SECTION 1. Establishment.
There is hereby created the Agency of Emergency
Service and Disaster to prevent, minimize, repair and alleviate
injury or damage resulting from disaster caused by enemy
attack, sabotage or other hostile action, or from natural
or manmade disaster, in accordance with "The Illinois Emergency
Services and Disaster Act of 1975" , herein sometimes referred
to as the E.S.D.A.
This E.S.D.A. shall consist of the coordinator
and such additional members as may be selected by the
coordinator, with the approval of the Mayor and City Council
of the UNITED CITY OF THE VILLAGE OF YORKVILLE.
SECTION 2. Coordinator.
The coordinator of the City E.S.D.A. shall be
appointed by the Mayor and shall serve until removed by
same.
The coordinator shall have direct responsibility
for the organization, administration, training and operation
of the E.S.D.A. , subject to the direction and control of
the Mayor, as provided by Statute.
In the event of the absence, resignation, death
or inability to serve as the coordinator, the Mayor or
any person designated by him shall be and act as coordinator
until a new appointment is made as provided in this Ordinance.
SECTION 3. Functions.
The City E.S.D.A. shall perform such E.S.D.A.
functions within the City as shall be prescribed in and
by the State E.S.D.A. plan and program prepared by the
Governor, and such orders, . rules and regulations as may
be promulgated by the Governor, and in addition, shall perform
such duties outside the corporate limits as may be required
pursuant to any Mutual Aid agreement with any 9ther political
subdivisign, municipality or quasi-municipality entered
into as provided in the "State E.S.D.A. Act of 1975" .
SECTION 4. Service as Mobile Support Team.
All or any members of the City E.S.D.A. organization
may be designated as members of a Mobile Support Team created
by the Director of the State E.S.D.A. , as provided by law.
The leader of such Mobile Support Team shall be
designated by the coordinator of the City E.S.D.A. organization.
Any member of a Mobile Support Team .who is a
City employee or, officer, while serving on call to duty
by the Governor or the State Director, shall receive the
-2-
compensation and have the powers, duties, rights and immunities
incident to such employment or office. Any such member
who is not a paid officer or employee of the City, while
so serving, shall receive from the State reasonable compensation
as provided by law.
SECTION 5. Agreements with Other Political Subdivisions.
The Coordinator of E.S.D.A. may negotiate Mutual
Aid Agreements with other cities or political subdivisions
of the State, but no such agreement shall be effective until
it has been approved by the Mayor and by the State Director
of E.S.D.A.
SECTION 6 . Emergency Action.
If the Governor proclaims that a disaster emergency
exists in the event of actual enemy attack upon the United
States, or the occurrence within the State of Illinois of
a major disaster resulting from enemy sabotage or other hostile
action, or from manmade or natural disaster, it shall be
the duty of the City E.S.D.A. to cooperate fully with the
State E.S.D.A. and with the Governor in the exercise of
emergency powers as provided by law.
SECTION 7. Compensation.
Members of the E.S.D.A. who are paid employees
or officers of the City, if called for training by the State
Director of E.S.D.A. , shall receive for the time spent in
-3-
such training the same rate of pay as is attached to the
position held. Members who are not such City employees
or officers shall receive for such training time such
compensation as may be established by the Mayor.
SECTION 8. Reimbursement by State.
The State Treasurer may receive and allocate to
the appropriate fund any reimbursement by the State to the
City for expenses incident to training members of the E.S.D.A.
as prescribed by the State Director of E.S.D.A. , compensation
for services and expenses of members of a Mobile Support
Team while serving outside the City in response to a call
by the Governor or State Director of E.S.D.A. , .as provided
by law, and any other reimbursement made by the State incident
to E.S.D.A. activities as provided by law.
SECTION 9. Purchases and Expenditures.
The Mayor may, on recommendation of the City
Coordinator of E.S.D.A. , authorize any purchase or contracts
necessary to place the City in a position to combat effectively
any disaster resulting from the explosion of any nuclear
or other bomb or missile, and to protect the public health
and safety, protect property and provide emergency assistance
to victims in the case of such disaster, or from manmade
or natural disaster.
In the event of enemy caused or other disaster,
the City Coordinator of E.S.D.A. is authorized, on behalf
-4-
of the City, to procure such services, supplies, equipment
or material as may be necessary for such purposes, in view
of the exigency, without regard to the statutory procedures
or formalities normally prescribed by law pertaining to
city contracts or obligations, as authorized by "The State
E.S.D.A. Act of 1975", provided that if the City Council
meets at such time, the Mayor shall act subject to the
directions and restrictions imposed by that body.
SECTION 10. Oath.
Every person appointed to serve in any capacity
in the City E.S.D.A. organization shall, before entering
upon his duties, subscribe to the following oath, which
shall be filed with the Coordinator:
I, , ._,do solemnly
swear that I will support and defend and bear true faith
and allegiance to the Constitution of the United States
and the Constitution of the State of Illinois, and the
territory, institutions and facilities thereof, both public
and private, against all enemies, foreign and domestic;
that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to
enter. I do further swear that I do not advocate, nor am
I now, nor have I been, a member of any political party or
organization that advocates the overthrow of the government
of the United States or of this State by force or violence;
and that during such time as I am affiliated with the
E.S.D.A. organization, I will not
advocate nor become a member of any political party or
organization that advocates the overthrow of the government
of the United States or of this State by force or violence. "
SECTION 11. Office.
The Mayor is authorized to designate space in a
city building or elsewhere as may be provided for by the
-5-
Mayor for the City E.S.D.A. as its office.
SECTION 12. Appropriation - Levy of Taxes.
The Mayor may make an appropriation for E.S.D.A.
purposes in the manner provided by law and may levy, in
addition, for E.S.D.A. purposes only, a tax not to exceed
Five (5) Cents per One Hundred ($100. 00) Dollars of the
assessed value of all taxable property, in addition to all
other taxes, as provided by the "State E.S.D.A. Act of 1975" .
However, that amount collectable under such levy shall in
no event exceed $. 25 per capita.
SECTION 13. Date of Effect.
That the City Clerk shall certify to; the adoption
of this Ordinance and cause the same to be published as
required by law, and this Ordinance shall take effect after
publication as provided by law.
PASSED this ZI day of A.D. 1976.
City Cj rk
SIGNED and APPROVED this .1� day of
A.D. 1976.
r
Mayor
-6-