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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-