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Home My WebLink About3.1 DECLARE A STATE OF EMERGENCY SHOULD THE NEED ARISE4/15/2020 BoardDocs® Pro Agenda Item Details Meeting Mar 17, 2020 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 3. MAYOR'S REPORT Subject 3.1 1st reading of an ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT TO DECLARE A STATE OF EMERGENCY SHOULD THE NEED ARISE AND AUTHORIZING PURCHASE CONTRACTS AS NECESSARY TO RESOLVE A STATE OF EMERGENCY WITHOUT PUBLIC ADVERTISEMENT WITHIN THE VILLAGE OF MOUNT PROSPECT. Access Public Type Action Public Content Information Natural disasters, disease epidemics or any type of emergency may necessitate a municipality to declare a state of emergency. Pursuant to Section 11-1-6 and 8-10-5 of the Illinois Municipal Code, the State has legislated to municipalities additional authority in order to respond to an emergency. This ordinance establishes the standards to be relied upon for the Mayor to determine when a state of emergency exists. It also provides Village leadership operational flexibility during a state of emergency to respond to the emergency when otherwise polices and procedures for conducting normal business could hinder community response. A declaration of a state of emergency within the Village would be based on the following: 1. That the emergency, natural disaster, and other public health emergencies will likely cause damage, injury hardship or etc. to the community and is imminent or has occurred. 2. The emergency is severe enough to require the declaration of emergency in order to supplement local resource in preventing damage, injury, hardship or etc. including the identification of any applicable procedures, rules or regulations that will be waived or suspended, during the emergency. During a state of emergency, the Mayor would be granted the extraordinary power and authority to exercise the powers of the Village Board as may be reasonably necessary to respond to the emergency. In addition, the Village Manager or designees may let contracts to the extent necessary to resolve such emergency without public advertisement. Alternatives 1. Motion to approve the Ordinance. 2. Action at discretion of Village Board. Staff Recommendation Should the Village Board favorably consider this request, adoption of an Ordinance authorizing the Village President to declare a state of emergency should the need arise and authorizing purchasing contracts as necessary to resolve a state of emergency without public advertisement would be in order. Ordinance authorizing the Village President to declare a state of emergency.pdf (106 KB) Administrative Content https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 4/15/2020 Executive Content Motion & Voting (not specified) BoardDocs® Pro Motion by Richard Rogers, second by William Grossi. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT TO DECLARE A STATE OF EMERGENCY SHOULD THE NEED ARISE AND AUTHORIZING PURCHASE CONTRACTS AS NECESSARY TO RESOLVE A STATE OF EMERGENCY WITHOUT PUBLIC ADVERTISEMENT WITHIN THE VILLAGE OF MOUNT PROSPECT WHEREAS, Section 11-1-6 of the Illinois Municipal Code (65 ILCS 5/11-1-6) provides that the corporate authorities of each municipality may, by ordinance, grant to the Village President the extraordinary power and authority to exercise, by executive order, during a state of emergency, such of the powers of the corporate authorities as may be reasonably necessary to respond to the emergency; and WHEREAS, such an ordinance must establish the standards to be relied upon for the Village President to determine when a state of emergency exists; and WHEREAS, Section 8-10-5 of the Illinois Municipal Code (65 ILCS 5/8-10-5) provides that, after an emergency affecting public health or safety has been declared by affirmative vote of the majority of the corporate authorities of a municipality, where the nature of the danger to the public health or safety has been identified, the corporate authorities may authorize the letting of contracts to the extent necessary to resolve such emergency without public advertisement. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Each of the Whereas paragraphs above are incorporated into Section 1 of this Ordinance as material terms hereof. SECTION 2: The Village President and Board of Trustees of the Village of Mount ................. Prospect ("Corporate Authorities") authorize the Village President to render a declaration of a state of emergency within the Village based on the following findings and supporting facts: 1. Any type of emergency, natural disaster or catastrophe which will likely cause damage, injury, losses, hardship or suffering to the community or its residents, which can be construed broadly to include disease epidemics and other public health emergencies, is imminent or has occurred; and 2. The emergency is severe enough to require the declaration of emergency in order to supplement local resources in preventing loss of life or injury, alleviating damages, loss, hardship or suffering or to necessitate measures to be taken, including the identification of any applicable procedures, rules or regulations that will be waived or suspended, during the emergency. SECTION 3: The exercise of these powers shall be based upon a statement, signed under oath by the Village President, finding that the standards herein which form the basis for such a declaration have been met, along with those facts which substantiate .such a finding and declaring that a state of emergency exists. SECTION 4: This written declaration shall be filed with the Village Clerk as soon as 440046_1 practicable. SECTION 5: Based on the nature of the danger to the public health or safety as set forth in the Village President's declaration of emergency, the Corporate Authorities authorize: 1. The Village President to exercise, by executive order, such powers of the Corporate Authorities as may be reasonably necessary to respond to the emergency; and 2. The Village Manager or the Village purchasing agent, or their designees, to let contracts to the extent necessary to resolve such emergency upon declaration, without public advertisement; and SECTION 6: Any state of emergency declared pursuant to this authority shall expire no later than the adjournment of the first regular meeting of the Corporate Authorities after the state of emergency has been declared in accordance with Section 11-1-6 of the Illinois Municipal Code (65 ILCS 5/11-1-6); however, if the state of emergency has not been resolved as of commencement of the first regular meeting of the Corporate Authorities after the state of emergency has been declared, the authorizations set forth above in this Ordinance shall remain in full force and effect without further action by the Village President or Corporate Authorities until such state of emergency has been resolved as declared in writing by the Village President or until the authorizations are withdrawn by passage of an ordinance by an affirmative majority vote the Corporate Authorities at a public meeting. SECTION 7: A declaration of emergency pursuant to this authority may not suspend in any way the rights of residents of the Village under the Illinois Constitution or the United States Constitution. SECTION 8: Pursuant to Section 1-2-4 of the Illinois Municipal Code (65 ILCS 5/1-2-4), the President and Board of Trustees of the Village of Mount Prospect find and decide that it is in the best interests of the Village that the provisions of this Ordinance shall be effective immediately for purposes of implementation and enforcement, as noted above, and such provisions shall be effective immediately provided that this Ordinance receives a favorable vote of two-thirds (2/3rds) of the corporate authorities of the Village then holding office (i.e., 5 of 7 Village Board members vote in favor of the Ordinance). law. SECTION 9: This Ordinance shall become effective upon its approval, as provided by ADOPTED this day of , 2020, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: 440046_1 2 APPROVED by me, and attested by the Village Clerk, on this day of , 2020. Arlene Juracek, Village President ATTEST: Karen Agoranos, Village Clerk Published by me in pamphlet form this _ day of , 2020. Karen Agoranos, Village Clerk 4400461 3 STATE OF ILLINOIS ) SS COUNTY OF COOK CLERK'S CERTIFICATE I, Karen Agoranos, Clerk of the Village of Mount Prospect, in the County of Cook and State of Illinois, certify that the attached document is a true and correct copy of that certain Ordinance now on file in my Office, entitled: ORDINANCE NO. AN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT TO DECLARE A STATE OF EMERGENCY SHOULD THE NEED ARISE AND AUTHORIZING PURCHASE CONTRACTS AS NECESSARY TO RESOLVE A STATE OF EMERGENCY WITHOUT PUBLIC ADVERTISEMENT WITHIN THE VILLAGE OF MOUNT PROSPECT which Ordinance was passed by the Board of Trustees of the Village of Mount Prospect at a Regular Village Board Meeting on the day of , 2020, at which meeting a quorum was present, and approved by the President of the Village of Mount Prospect on the day of .-12020. I further certify that the vote on the question of the passage of said Ordinance by the Board of Trustees of the Village of Mount Prospect was taken by Ayes and Nays and recorded in the minutes of the Board of Trustees of the Village of Mount Prospect, and that the result of said vote was as follows, to -wit: AYES: NAYS: ABSENT: do further certify that the original Ordinance, of which the foregoing is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Mount Prospect, this day of .. 2020. Karen Agoranos, Village Clerk [SEAL] 4400461 4