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 14, 2008
Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Jail at 11:33 a.m. Members present were: Larry Meyers, Terrence Neuzil, Sally Stutsman (by telephone), 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.
ORDINANCE 06-14-08-01
AN ORDINANCE AUTHORIZING ORDERS OF MANDATORY CURFEW 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 curfews 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 5:6 entitled “MANDATORY CURFEWS IN THE EVENT OF CIVIL EMERGENCIES”
5:6.1 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 curfews in the unincorporated areas of Johnson County in the event there is a civil emergency.
5:6.2 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.
5:6.3 Mandatory Curfew. 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 Curfew for any part of unincorporated Johnson County the Chairperson deems advisable as necessary to protect or preserve life or property; as necessary to assist in disaster mitigation, response or recover; or as necessary to otherwise carry out the purposes of this ordinance.
5:6.4 Form of Order of Mandatory Curfew. Any Order of Mandatory Curfew shall be made in writing and published in such a manner as to reasonably apprise the affected residents and the general public of the specific times and location of the areas to be under curfew. It shall indicate the date and time by which said areas shall be under curfew, not to exceed ten days without further order.
5:6.5 Exemptions to the curfew order shall be limited to authorized law enforcement, emergency management personnel and other necessary government officials and those individuals directed by law enforcement, emergency management personnel and other necessary government officials.
5:6.6 Violation of Order of Mandatory Curfew. The violation of an Order of Mandatory Curfew 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 Meyers, second by Neuzil, 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 06-14-08-01, an ordinance authorizing orders of mandatory curfew in the event of civil emergencies, on first, second, and final consideration. Roll call: aye: Stutsman, Sullivan, Neuzil, Meyers; absent: Harney.
RESOLUTION 06-14-08-01
RESOLUTION PROCLAIMING CIVIL EMERGENCY AND AUTHORIZING CHAIRPERSON TO ISSUE ORDERS OF MANDATORY CURFEWS
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;
Whereas, the Johnson County Board of Supervisors has determined that it is necessary to order the mandatory curfew 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;
Be It Further Resolved that the Chairperson of the Board of Supervisors may, in response to this civil emergency, issue Orders of Mandatory Curfew 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 Curfew shall be in writing and communicated in such a manner as to reasonably apprise the affected residents and the general public of the specific times and locations of the curfew and shall indicate the date and times in which said curfew shall be in effect;
Be It Further Resolved that the curfew order shall not apply to authorized law enforcement, emergency management personnel and other necessary government officials or to individuals directed by law enforcement, emergency management personnel and other necessary government personnel.
Motion by Meyers, second by Stutsman, to approve Resolution 06-14-08-01.
Motion by Neuzil, second by Stutsman, to keep the Johnson County Administration Building closed through Wednesday June 18, 2008 and encourage Johnson County employees to remain on call, but home, except essential key personnel.
The Board set the Wednesday June 18, 2008 Formal and Informal meetings at the Iowa City Public Library in Meeting Rooms B and C at 10:30 a.m.
Adjourned at 11:50 a.m.
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Rod Sullivan, Chair, Board of Supervisors
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Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2008
By John Deeth, Recording Secretary
These minutes were sent for publication on June 16, 2008 and formal approval on June 18, 2008.
Sent to the Board of Supervisors on June 15, 2008 at 3:30 p.m.