HomeMy WebLinkAboutPacket - 03/16/2020 - Emergency Meeting - City CouncilEMERGENCY MEETING NOTICE
Pursuant to the Open Meetings Act, 5 ILCS 120/2.02(a), notice is given that an emergency
meeting of the McHenry City Council will be held on Monday, March 16, 2020, at 7:00
p.m. at the City Council Chambers, 333 S Green St, McHenry, IL, immediately before the
regularly scheduled City Council meeting, The purpose of the emergency meeting is to
address the Coronavirus disease 2019 (COVID-19) by considering an ordinance providing
for the exercise of extraordinary powers by executive order of the mayor during a state of
emergency within the City and such other emergency actions as the City Council deems
necessary,
F "-W"j :1
SPECIAL CITY COUNCIL
MEETING
City Council Chambers, 333 S
Green Street Monday, March 1.6,
2020, 7:00 p.m.
1. Call to Order.
2. Roll Call.
3, Public Comment: Any member of the public wishing to address the Council is invited to do
so by signing in at the meeting entrance and, when recognized, stepping to the podium.
4. Bonaiide Emergency Finding: Motion to find that there is a bonafide emergency,
pursuant to the Open Meetings Act, 5 ILCS 1.20/2.02(a), warranting this special
meeting of the City Council based on the following findings of fact:
• Coronavirus disease 2019 (COVID-19) is a potentially severe acute respiratory
infection caused by severe acute respiratory syndrome coronavirus 2 (SARS-
CoV-2), The virus was first identified as the cause of an outbreak of pneumonia
of unknown cause in Wuhan City, Hubei Province, China, in December 2019; and
• On March 9, 2020, Governor J.B. Pritzker declared all counties in the State of
Illinois as a disaster area; and
• On March 11, 2020, the World Health Organization characterized the COVID-19
outbreak as a pandemic; and
• On March 11, 2020, McHenry County Board Chair Jack D. Franks proclaimed
that a disaster emergency exists for the County of McHenry; and
20-13
20-13
SECTION 1: The foregoing recitals shall be and are hereby incorporated as findings of fact
as if said recitals were fully set forth herein.
SECTION 2: That Title 6, Public Safety, Chapter 1, Emergency Services and Disaster
Agency, Section 6-1-14, Declaration of Local Emergency, of the Municipal Code, City of
McHenry, Illinois, is hereby amended by renaming Section 6-1-14 Declaration of Local Disaster
Emergency.
SECTION 3: That Title 6, Public Safety, Chapter 1, Emergency Services and Disaster
Agency, of the Municipal Code, City of McHenry, Illinois, is hereby amended by adding Section
6-1-1 S, Local State of Emergency, which shall read as follows:
6-1-15: LOCAL STATE OF EMERGENCY:
Whenever an emergency, as is defined in subsection (A) of ibis section exists, or imminent
emergency, the city council may activate the mayor's extraordinary powers, as set forth in
this section, with such limitations as the city council deems necessary.
A. Definitions: The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the
context clearly indicates a different meaning:
EMERGENCY: (1) A riot or unlawful assembly characterized by the use of actual
force or violence or any threat to use force if accompanied by immediate power to
execute by three or more persons acting together without authority of law; or (2)
any natural disaster, epidemic, or manmade calamity, including outbreak of disease,
flood, conflagration, cyclone, tornado, earthquake or explosion, or eminent threat
of any of those events within the corporate limits of the City, resulting in or
threatening the death or injury of persons or the destruction of property to such an
extent that extraordinary measures must be taken to protect the public health, safety
and welfare.
CURFEW: A prohibition against any person walking, running, loitering, standing
or motoring upon any alley, street, highway, public property or vacant premises
within the corporate limits of the City except officials of any governmental unit and
persons officially designated to duty with reference to said civil emergency.
B. Declaration: authorize the mayor mayor is authorized to declare the existence of
a Local State of Emergency by means of a written declaration of the mayor, under
oath, setting forth the facts which constitute the emergency, describing the nature
of the emergency and declaring that a Local State of Emergency exists in
accordance with the definitions set forth in this section. This declaration must be
filed with the Village Clerk as soon as practicable after issuance.
C. Curfew Authorized: After the declaration of a Local State of Emergency by the
mayor, the mayor may order a general curfew applicable to such geographical areas
of the City or to the City as a whole, as the mayor deems reasonable and advisable,
An Ordinance Pertaining to a Local State of Emergency, Page 2
and applicable during such hours of the day or night as the mayor deems necessary
in the interest of the public safety and welfare.
D. Orders Authorized: After the declaration of a Local State of Emergency, the mayor
may also, in the interest of public safety and welfare, and to address this issues
caused threatened by the emergency, make take any or all of the following actions
by executive order during the Local State of Emergency:
1. All actions reasonably necessary to respond to the emergency;
2. Approve previous expenditures of the City for the purpose of continuing the
operations of the City;
3. Authorize agreements for purchases and contracts that impose a financial
obligation on the City that would otherwise be required to be authorized by
the City Council;
4. In the event the Local State of Emergency extends beyond the current fiscal
year and a new budget has not been approved, the mayor shall be authorized
to approve new spending by the City during the existence of the Local State
of Emergency;
5. 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;
6. Order the discontinuance of the sale of alcoholic liquor by any wholesaler
or retailer;
7. 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; and
8. Order the discontinuance of selling, distributing, dispensing or giving away
of any firearms or ammunition of any character whatsoever.
E. Duration: The declaration of a Local State of Emergency herein authorized shall
be effective for a period of up to thirty (30) days or until the adjourtunent of the
next regular or special meeting of the City Council, whichever comes first, unless
sooner terminated by a declaration of the mayor, or, his or her interim emergency
successor, indicating that the emergency no longer exists. The mayor or his or her
interim emergency successor, shall have the power to re -declare the existence of an
emergency at the end of each 30-day period during the time said emergency exists.
F. Notice: Upon issuing the declaration of a Local State of Emergency herein
authorized, the City Clerk shall notify the news media situated within the City, and
An Oi-dinance Pertaining to a Local State of Emergency, Page 3
shall cause at least four copies of the declaration of a Local State of Emergency and
any curfew authorized to be posted at the following places within the City: the City
hall, the police station, the post office, and in the area of any curfew.
G. Violations: Any person violating the provisions of this section or executive orders
issued pursuant hereto shall be guilty of an offense against the City and shall be
punished as provided by section 1-4A-1 of this code.
H. Effect on Other Ordinances: Nothing contained in this section shall be construed
to impair the powers contained in this code, giving powers to the police and fire
departments, but shall be construed together with existing ordinances now in effect
for the safety and welfare of the citizens of the City.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 6: This Ordinance shall be in fall force and effect upon its passage and approval.
Voting Aye:
Voting Nay:
Absent:
Abstain:
APPROVED:
Mayor Wayne S. Jett
(SEAL)
ATTEST:
Passed:
Approved:
City Clerk Monte Johnson
Z' U"cHenryCityof iOrdiiianceslEirrergency. docx
An Ordinance Pertaining to a Local State of Emergency, Page 4
16th March
20-13
17th March
17th March