Ordinance 2020-25 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-25
AN ORDINANCE GRANTING EMERGENCY POWERS TO THE
MAYOR OF THE UNITED CITY OF YORKVILLE
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 14th day of April,2020
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on April 20,2020.
Ordinance No.2020-25
AN ORDINANCE GRANTING EMERGENCY POWERS TO THE
MAYOR OF THE UNITED CITY OF YORKVILLE
WHEREAS,the United City of Yorkville, Kendall County, Illinois(the"City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and
WHEREAS,the United States Centers for Disease Control (CDC),the United States
Department of Health and Human Services (HHS), and the World Health Organization(WHO)
have each determined that SARS-CoV-2 virus causes the COVID-19 respiratory disease which is
a new strain of coronavirus that had not been previously identified in humans and is easily spread
from person to person causing serious illness or death; and
WHEREAS,on January 31, 2020,the Secretary of HHS declared a public health
emergency for the entire United States of America concerning COVID-19; on March 9,2020,
Governor Pritzker issued a disaster proclamation concerning the spread of COVID-19 in Illinois;
and on March 13, 2020 President Trump declared a national emergency concerning the COVID-
19 pandemic; and
WHEREAS,the Illinois Department of Public Health has now confirmed localized
community person-to-person transmission of COVID-19 in Illinois, significantly increases the
risk of exposure and infection to Illinois' general public and creating an extreme public health
risk in the City and throughout the State. As has been experienced around the world,the SARS-
CoV-2 virus has the potential to infect large numbers of people in a short amount of time,
placing extreme burdens on the health care system and the economy; and
WHEREAS, in order to prevent the spread of COVID-19 in the City, and to protect the
residents of the City from disease and death,the Mayor and City Council deem it to be in the
best interest of the City's residents, business owners, City officials and City staff to declare a
State of Emergency and authorize the Mayor to undertake the actions hereinafter set forth
deemed necessary to respond to this emergency; and
Ordinance No.2020-25
Page 2
WHEREAS,the Illinois Municipal Code, 65 ILCS 5/11-1-6,provides for the declaration
of a state of emergency and the grant of extraordinary authority to the Mayor by ordinance
passed by the City Council; and
WHEREAS,the Illinois Emergency Management Agency Act, 20 ILCS 3305/11,further
provides for emergency local disaster declaration by the principal executive officer or his or her
interim emergency successors,which is the Mayor in the case of the City.
NOW,THEREFORE,BE IT ORDAINED,by the Mayor and City Council of the
United City of Yorkville,Kendall County, Illinois, as follows:
Section 1.—RECITALS
The foregoing recitals shall be and are hereby incorporated as findings of fact as if said
recitals were fully set forth herein.
Section 2.—LOCAL STATE OF EMERGENCY
It is hereby found that the declaration of the Department of Health and Human Services
and the proclamation of the Governor of the State of Illinois of the existence of a pending
disaster collectively affirm there exists a State of Emergency in the City.
Section 3.—ORDERS AUTHORIZED
In the interest of public safety and welfare and to address the issues caused by the
emergency,the Mayor is authorized to take the following actions during the State of Emergency:
1) Take all actions reasonably necessary to respond to the emergency;
2) Approve previously appropriated expenditures of the City for the purpose of
continuing the operations of the City;
3) In the event the State of Emergency extends beyond the current fiscal year and a new
budget has not been approved,the Mayor shall be authorized to approved new
spending by the City during the existence of this State of Emergency;
4) Order the closing of all retail liquor stores, including taverns and private clubs or
portions thereof wherein the consumption of intoxicating liquor and beer is permitted;
5) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;
Ordinance No.2020-25
Page 3
6) Order the discontinuance of selling,distributing or giving away gasoline or other
liquid flammable or combustible products in any container other than a gasoline tank
properly affixed to a motor vehicle;
7) Order the discontinuance of selling,distributing, dispensing or giving away of any
firearms or ammunition of any character whatsoever;
8) Take any and all actions authorized by the Illinois Emergency Management Agency
Act,20 ILCS 3305/1 et seq., and in particular those set out in Section 10"Local
Disaster Declarations"as may be made applicable to the City;
9) Suspend collective bargaining agreement terms other than compensation;
10)Authorize the delay or suspension of City programs or services, application deadlines,
penalty or late payment provisions associated with payment of City fees, adjudication
hearings, code enforcement, and zoning provisions;
11)Implement such emergency procedures as may be necessary for the preservation of
the health and safety of City employees;
12)Execute contracts for the purchase of goods and services to respond to and recover
from the COVID-19 pandemic;
13)Implement alternative staffing,protocols, and procedures for the City's Police
Department and Public Works Department;
14)Order a general curfew applicable to such geographical areas of the City or to the
City as a whole, as deemed necessary in the interest of the public safety and welfare.
15)Cooperate and coordinate with all emergency operations of the County of Kendall,
State of Illinois and all other local governments to best utilize the resources of all
governments and agencies in the area to respond to the state of emergency.
Section 4.—DURATION
This Ordinance shall be in full force and effect until the first to occur,a declaration that
the State of Emergency no longer exists or the first regular meeting of the City Council after the
state of emergency has been declared. This Ordinance may be reinstated by the City Council at
any regular meeting so long as the state of emergency remains.
Ordinance No.2020-25
Page 4
Section 5.—NOTICE
A copy of this Ordinance shall be posted at City Hall, Police Department, Yorkville
Public Library and at the Parks and Recreation offices.
Section 6. This ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this
14th day of April,A.D. 2020.
0°06t ReAent
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS ABSENT JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois
this 9O day of f'PR I L ,A.D. 2020.
i/
A
MAYOR
Attest:
Ofoot
CITY CLERK
Ordinance No.2020-25
Page 5