Chapter 2-52
EMERGENCY SERVICES AND DISASTER AGENCY
Sections:
2-52-040 Service as mobile support team.
2-52-050 Agreements with other political subdivisions.
2-52-080 Reimbursement by the state.
2-52-090 Purchases and expenditures.
2-52-120 Appropriation—Levy of taxes.
2-52-130 Local disaster declarations.
2-52-010 Establishment.
There is created the Harvey emergency services and disaster agency, which may hereafter be known as the ESDA, to prevent, minimize, repair, and alleviate injury or damage resulting from disaster caused by any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, or hostile military or paramilitary action.
This ESDA shall consist of the coordinator and such additional members as may be selected by the coordinator. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 1, 1977)
2-52-020 Coordinator.
The coordinator of the city ESDA 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 ESDA, subject to the direction and control of the mayor as provided by statute and this code. In the event of the absence, resignation, death or inability of any person to serve as 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 chapter. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 2, 1977)
2-52-030 Functions.
The city ESDA shall perform such ESDA functions within the city as shall be prescribed in and by the state ESDA plan and program prepared by the governor, and such orders, rules and regulations as may be promulgated by the governor or the Illinois Emergency Management Agency authorized by 20 ILCS 3305/1 et seq., 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 quasimunicipality entered into as provided under applicable state law. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 3, 1977)
2-52-040 Service as mobile support team.
All or any members of the city ESDA organization may be designated as members of a mobile support team created by the director of the state Emergency Management Agency as provided by law. The leader of such mobile support team shall be designated by the coordinator of the city ESDA 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 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. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 4, 1977)
2-52-050 Agreements with other political subdivisions.
The coordinator of the city’s ESDA 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 the Illinois Emergency Management Agency. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 5, 1977)
2-52-060 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 city ESDA to cooperate fully with the state ESDA and with the governor in the exercise of emergency powers as provided by law. (Ord. 2115 § 6, 1977)
2-52-070 Compensation.
Members of the ESDA who are paid employees or officers of the city, if called for training by the state director of ESDA, 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 city employees or officers shall receive for such training time such compensation as may be established by the mayor. (Ord. 2115 § 7, 1977)
2-52-080 Reimbursement by the 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 ESDA as prescribed by the state director of ESDA, 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 ESDA, as provided by law, and any other reimbursement made by the state incident to ESDA activities as provided by law. (Ord. 2115 § 8, 1977)
2-52-090 Purchases and expenditures.
In carrying out the duties required by this chapter, the city may enter into contracts and incur obligations necessary to place it in a position effectively to combat the disasters described in this chapter, to protect the health and safety of persons, to protect property, and to provide emergency assistance to victims of those disasters. If a disaster occurs, the city may exercise the powers vested under 20 ILCS 3305/10 (j) in the light of the exigencies of the disaster and, excepting mandatory constitutional requirements, without regard to the procedures and formalities normally prescribed by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials and the appropriation, expenditure, and disposition of public funds and property. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 9, 1977)
2-52-100 Oath.
Every person appointed to serve in any capacity in the city ESDA organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the coordinator:
I, _________________________, do solemnly swear (or affirm) 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. 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 or of this State by force or violence; and that during such time as I am affiliated with the Harvey ESDA 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.
(Ord. 2115 § 10, 1977)
2-52-110 Office space.
The mayor is authorized to designate space in a city building, or elsewhere, as may be provided for by the mayor for the city ESDA as its office. (Ord. 2115 § 11, 1977)
2-52-120 Appropriation—Levy of taxes.
The mayor may make an appropriation for ESDA purposes in the manner provided by law, and may levy in addition for ESDA purposes only, a tax not to exceed five cents per one hundred dollars ($100.00) of the assessed value of all taxable property in addition to all other taxes, as provided by the “The State ESDA Act of 1975"; however, that amount collectible under such levy shall in no event exceed twenty-five cents ($.25) per capita. (Ord. 2115 § 12, 1977)
2-52-130 Local disaster declarations.
A local disaster may be declared by the mayor or his successor as provided by law. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local disaster shall be given prompt and general publicity and shall be filed promptly with the city clerk. The effect of a filing of such a local disaster declaration shall be to activate the emergency operations plan of the city and to authorize the furnishing of aid and assistance thereunder. (Ord. 2910 § 5 (Par. L. (part)), 1995: Ord. 2115 § 13, 1977)