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HomeMy WebLinkAboutOrd 5877 09/20/2011ORDINANCE NO. 5877 AN ORDINANCE AMENDING CHAPTER 4, ENTITLED "APPOINTIVE VILLAGE OFFICERS," APPENDIX A, DIVISION II, "FEES, RATES AND TAXES" AND CHAPTER 22 "FLOOD PLAIN REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Article X entitled Department of Emergency Services and Disaster" of Chapter 4 entitled Appointive Village Officers of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting Sections 4.1001, 4.1002, 4.1003, 4.1004, 4.1005, 4.1006, 4.1007, 4.1007, 4.1008, 4.1009, 4.1010, 4.1011 and 4.1012 in their entirety and adding new Sections 4.1001, 4.1002, 4.1003, 4.1004, 4.1005, 4.1006, 4.1007, 4.1007, 4.1008, 4.1009, 4.1010, 4.1011 and 4.1012 to Article X entitled Emergency Management Agency which shall read as follows: ARTICLE X EMERGENCY MANAGEMENT AGENCY SECTION: 4.1001: ESTABLISHMENT 4.1002: COORDINATOR 4.1003: FUNCTIONS 4.1004: SERVICE AS MOBILE SUPPORT TEAM 4.1005: AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS 4.1006: EMERGENCY ACTION 4.1007: COMPENSATION 4.1008: REIMBURSEMENT BY STATE 4.1009: PURCHASES AND EXPENDITURES 4.1010: OATH 4.1011: OFFICE 4.1012: APPROPRIATION; LEVY OF TAXES 4.1001: ESTABLISHMENT: In order 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 Management Act, there is hereby established an Emergency Management Agency (EMA), which shall be under the jurisdiction and control of the Village Manager. (Ord. 2610, 2 -17 -1976; Ord. 4414, 4 -7 -1992) 4.1002: COORDINATOR: The Coordinator of the Mount Prospect Emergency Management Agency shall be appointed by the Village Manager. A. The Coordinator shall have direct responsibility for the organization, administration, training and operation of the EMA, subject to the direction and control of the Village Manager, as provided by statute. B. In the event of the absence, resignation, death or inability to serve as Coordinator, the Village Manager, or any person designated by him, shall be and act as Coordinator until a new appointment is made as provided by this Article. (Ord. 2610, 2 -17 -1976) 4.1003: FUNCTIONS: The EMA of the Village shall perform such EMA functions within the corporate limits of the Village as shall be prescribed in and by the State of Illinois EMA 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 other political subdivision, municipality or quasi - municipality entered into as provided in the Illinois Emergency Management Agency Act. (Ord. 2610, 2 -17 -1976) 4.1004: SERVICE AS MOBILE SUPPORT TEAM: All or any member of the Mount Prospect EMA organization may be designated as members of a mobile support team created by the Director of the State EMA as provided by law. A. The leader of the mobile support team shall be designated by the Coordinator of the Mount Prospect EMA. B. Any member of a mobile support team who is a Village employee or officer while serving on call to duty by the Governor, or the State Director, shall receive the 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 Village, while so serving, shall receive from the State reasonable compensation as provided by law. (Ord. 2610, 2 -17 -1976) 4.1005: AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS: The Coordinator of the Mount Prospect EMA may negotiate mutual aid agreements with other municipalities or political subdivisions of the State, but no such agreement shall be effective until it has been approved by the Village Manager and by the State Director of EMA. (Ord. 2610, 2- 17 -1976) 4.1006: 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 man -made or natural disaster, it shall be the duty of the Mount Prospect EMA to cooperate fully with the State EMA and with the Governor in the exercise of emergency powers as provided by law. (Ord. 2610, 2 -17 -1976) 4.1007: COMPENSATION: Members of the EMA who are paid employees or officers of the Village, if called for training by the State Director of EMA, shall receive for the time spent in such training the same rate of pay as is attached to the position held; members who are not such Village employees or officers shall receive for such training time such compensation as may be established by the Village Manager. (Ord. 2610, 2 -17 -1976) 4.1008: REIMBURSEMENT BY STATE: The Finance Director shall receive and allocate to the appropriate fund, any reimbursement by the State to the Village for expenses incident to training members of the EMA as prescribed by the State Director of EMA, compensation for services and expenses of members of a mobile support team while serving outside the corporate limits of the Village in response to a call by the Governor or State Director of EMA, as provided by law, and any other reimbursement made by the State incident to EMA activities as provided by law. (Ord. 2610, 2 -17 -1976) 4.1009: PURCHASES AND EXPENDITURES: The Village Manager may, on recommendation of the Village Coordinator of EMA, authorize any purchase of contracts necessary to place the Village 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 for man -made or natural disaster. A. In the event of enemy caused or other disaster, the Village Coordinator of EMA is authorized, on behalf of the Village, 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 Village contracts or obligations, as authorized by the "Illinois Emergency Management Agency Act," provided that if the Village Manager meets at such time he shall act subject to the directions and restrictions imposed by that body. (Ord. 2610, 2 -17 -1976) 4.1010: OATH: Every person appointed to serve in any capacity in the Mount Prospect EMA organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the coordinator: 1, , do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States of America 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. And I do further swear (or affirm) that I do not advocate, nor am I nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States of America or of this State by force or violence; and that during such time as I am affiliated with the Mount Prospect Emergency Management Agency, 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 of America or of this State by force or violence. (Ord. 2610, 2 -17 -1976) 4.1011: OFFICE: The Village Manager is authorized to designate space in a Village building, or elsewhere, as may be provided for by the Village Manager for the Mount Prospect EMA as its office. (Ord. 2610, 2 -17 -1976) 4.1012: APPROPRIATION; LEVY OF TAXES: The President and Board of Trustees of the Village may budget for EMA purposes in the manner provided by law, and may levy in addition for EMA purposes only, a tax as set forth in Appendix A, Division II of this code, on the assessed value of all taxable property in addition to all other taxes, as provided by the "Illinois Emergency Management Agency Act; however, that amount collectible under such levy shall in no event exceed the amount as specified in Appendix A, Division II of this code. (Ord. 5518, 11 -1 -2005) SECTION TWO: Appendix A, Division II, entitled "Fees, Rates and Taxes ", of the Mount Prospect Village Code shall be amended by deleting the term "ESDA" from the title of Section 4.1012: Appropriations: Levy of Taxes (ESDA) and inserting in its place the term "EMA" which shall read as follows: SECTION: 4.1012: APPROPRIATION: LEVY OF TAXES (EMA) SECTION THREE: Article I entitled "Floodplain Management Regulations" of Chapter 22 entitled "Floodplain Regulations" as amended, is hereby further amended by deleting the phrase "Illinois Emergency Service and Disaster Agency (ESDA)" from Subsection B.4 of Section 22.107: Occupation and Use of Identified Floodways: BA and Subsection B.1.d of Section 22.108: Occupation and Use of SFHAs Where Floodways are not Identified: B.1.d and inserting in its place the phrase "Illinois Emergency Management Agency (IEMA)." SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit NAYS: None ABSENT: Zadel PASSED and APPROVED this 20" day of September, 2011. - ���v 'If ana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk