MINUTES OF THE EMERGENCY MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS SET WITH LESS THAN 24 HOURS NOTICE PURSUANT TO IOWA CODE SECTION 21.4(2) WITH GOOD CAUSE FOR SAME CONSISTING OF FLOOD CONDITIONS IN JOHNSON COUNTY AND THE IMMEDIATE RISK POSED BY SAID CONDITIONS TO RESIDENTS AND PROPERTY:
JUNE 12, 2008
Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:28 p.m. Members present were: Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan; absent: Pat Harney.
Unless otherwise noted, all actions were taken with the following roll call: aye: Stutsman, Sullivan, Neuzil, Meyers; absent: Harney.
Recessed at 5:30 p.m.; reconvened at 5:35 p.m.
ORDINANCE 06-12-08-01
AN ORDINANCE AUTHORIZING ORDERS OF MANDATORY EVACUATION IN THE EVENT OF CIVIL EMERGENCIES
SECTION I. Purpose. The purpose of this ordinance is to protect and preserve the rights, privileges, and property of the County and/or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents by authorizing orders of mandatory evacuations in the unincorporated areas of Johnson County in the event there is a civil emergency.
SECTION II. The Johnson County Code of Ordinances is hereby amended by adding the following Chapter 5:5 entitled “MANDATORY EVACUATIONS IN THE EVENT OF CIVIL EMERGENCIES”
5:5.1 Purpose. The purpose of this ordinance is to protect and preserve the rights, privileges, and property of the County and/or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents by authorizing orders of mandatory evacuations in the unincorporated areas of Johnson County in the event there is a civil emergency.
5:5.2 Definition of Civil Emergency. For the purposes of this chapter a Civil Emergency shall include, when proclaimed so by the Board of Supervisors, any natural disaster or human-made catastrophe, including but not limited to flood, fire, cyclone, tornado, earthquake or explosion occurring in or significantly impacting the unincorporated areas of Johnson County when the same results or is likely to result in the death or injury of persons or the destruction of or significant damage to property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. A Civil Emergency shall also include any instance in which the Governor of the State of Iowa has proclaimed there to be a state of disaster emergency in and for any portion of unincorporated Johnson County.
5:5.3 Mandatory Evacuation. After it has been determined, pursuant to the above definition, that there is a civil emergency in the unincorporated area of Johnson County, the Chairperson of the Board of Supervisors, or if the Chairperson is unavailable the Vice-Chairperson, may issue an Order of Mandatory Evacuation for any part of unincorporated Johnson County the Chairperson, or when appropriate the Vice-Chairperson, deems advisable as necessary to protect or preserve life or property; as necessary to assist in disaster mitigation, response or recovery; or as necessary to otherwise carry out the purposes of this ordinance.
5:5.4 Form of Order of Mandatory Evacuation. Any Order of Mandatory Evacuation shall be made in writing and communicated in such a manner as to reasonably apprise the affected residents and the general public of the specific location of the areas to be evacuated. It shall indicate the date and time by which said areas shall be evacuated.
5:5.5 Access to Evacuated Area(s). In addition to the evacuation of the designated areas, ingress and egress to and from an area subject to an Order of Mandatory Evacuation shall be limited to authorized law enforcement, emergency management personnel and other necessary government officials.
5:5.6 Violation of Order of Mandatory Evacuation. The violation of an Order of Mandatory Evacuation shall be unlawful and shall constitute a simple misdemeanor and the penalty for such violation shall be as provided by the Iowa Code for simple misdemeanors.
SECTION III. Repealer. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION IV. Savings Clause. If any section, provision, or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not be adjudged invalid, illegal or unconstitutional.
SECTION V. Effective Date. This ordinance shall be in effect after its final passage and publication as part of the proceedings of the Board of Supervisors.
Motion by Neuzil, second by Stutsman, to waive the requirement that an ordinance be read and voted on at two meetings prior to its final adoption. Roll call: aye: Stutsman, Sullivan, Neuzil, Meyers; absent: Harney.
Motion by Stutsman, second by Meyers, to approve ordinance 06-12-08-01, an ordinance authorizing orders of mandatory evacuation in the event of civil emergencies, on first, second, and final consideration. Roll call: aye: Stutsman, Sullivan, Neuzil, Meyers; absent: Harney.
RESOLUTION 06-12-08-01
RESOLUTION PROCLAIMING CIVIL EMERGENCY AND AUTHORIZING CHAIRPERSON TO ISSUE ORDERS OF MANDATORY EVACUATIONS
Whereas, Johnson County, Iowa, including both incorporated and unincorporated areas thereof, is currently experiencing flooding of historic proportions; and
Whereas, the Governor of Iowa has proclaimed a state of disaster emergency in Johnson County due to said flooding and related consequences; and
Whereas, Johnson County may, pursuant to its home rule authority, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the County and/or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents; and
Whereas, the Johnson County Board of Supervisors has determined that it is necessary to order the mandatory evacuation of certain areas of unincorporated Johnson County in order to protect or preserve life or property; to assist in disaster mitigation, response or recover; and to generally preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents.
Therefore, Be It Resolved by the Johnson County Board of Supervisors that due to the current flooding in Johnson County, Iowa, there is proclaimed to be a Civil Emergency in the unincorporated areas of the County; and
Be It Further Resolved that the Chairperson of the Board of Supervisors may, in response to this civil emergency, issue Orders of Mandatory Evacuation for any part of unincorporated Johnson County the Chairperson deems advisable as necessary to protect or preserve life or property or as necessary to assist in disaster mitigation, response or recovery; and
Be It Further Resolved that any such Order of Mandatory Evacuation shall be made in writing and communicated in such a manner as to reasonably apprise the affected residents and the general public of the specific location of the areas to be evacuated and shall indicate the date and time by which said areas shall be evacuated; and
Be It Further Resolved that in addition to the evacuation of the designated areas, ingress and egress to and from an area subject to an Order of Mandatory Evacuation shall be limited to authorized law enforcement, emergency management personnel and other necessary government officials.
Motion by Neuzil, second by Meyers, to approve Resolution 06-12-08-01
Adjourned at 6:35 p.m.
______________________________________________________________________
Rod Sullivan, Chair, Board of Supervisors
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2008
By John Deeth, Recording Secretary
These minutes were sent for publication on June 12, 2008 and formal approval on June 18, 2008.
Sent to the Board of Supervisors on June 12, 2008 at 8:00 p.m.