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HomeMy WebLinkAboutResolution 2020 (23) Resolution No. 23 (2020) ST. ROM�'w '° �..1NTY RESOLUTION DECLARING AN EMERGENCY AND RATIFICATION OF PROCLAMATION DECLARING STATE OF EMERGENCY DUE TO FLOODING ACROSS ST. CROIX COUNTY 1 WHEREAS, on June 28 and 29, 2020, parts of St. Croix County received over seven 2 inches of rain causing flooding across the county, which caused roads to wash out, including 3 State Trunk Highway 63, U.S. Highway 12, and several other county and town roads; and 4 5 WHEREAS, it is necessary for St. Croix County to declare a state of emergency as the 6 rain has caused flooding and washed out roads creating a disaster; and 7 8 WHEREAS, Wis. Stat. § 323.11 empowers a governing body of a local unit of 9 government to declare a local state of emergency whenever conditions arise by reason of riot or 10 civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food 11 or fuel supplies, medical care, fire, health or police protection, or other critical systems of the 12 local unit of government. The period of the emergency shall be limited by the ordinance or 13 resolution to the time during which the emergency conditions exist or are likely to exist; and 14 15 WHEREAS, pursuant to Wis. Stat. § 323.14(4)(a), the emergency power of the 16 governing body includes the general authority to order, by ordinance or resolution, whatever is 17 necessary and expedient for the health, safety, protection, and welfare of persons and property 18 within the local unit of government in the emergency and includes the power to bar, restrict, or 19 remove all unnecessary traffic, both vehicular and pedestrian, from the highways, 20 notwithstanding any provision of Wis. Stat. Chs. 341 to 349; and 21 22 WHEREAS, pursuant to Wis. Stat. § 323.14(4)(b), if, because of the emergency 23 conditions, the governing body of the local unit of government is unable to meet promptly, the 24 chief executive officer or acting chief executive officer of any local unit of government shall 25 exercise by proclamation all of the powers conferred upon the governing body under Wis. Stat. 26 §§ 323.14(4)(a) or 323.11 that appear necessary and expedient. The proclamation shall be subject 27 to ratification, alteration, modification, or repeal by the governing body as soon as that body can 28 meet, but the subsequent action taken by the governing body shall not affect the prior validity of 29 the proclamation; and 30 31 WHEREAS, pursuant to Wis. Stat. § 323.14(4)(b), on June 29, 2020 the St. Croix 32 County Board Chair by proclamation, a copy of which is attached as Exhibit A, declared that a 33 state of emergency exists in St. Croix County due to flooding across St. Croix County; and 34 35 WHEREAS, pursuant to Wis. Stat. § 323.14(4), the proclamation is "subject to 36 ratification, alteration, modification or repeal by the governing body as soon as that body can 37 meet, but the subsequent action taken by the governing body shall not affect the prior validity of 38 the proclamation"; and 39 40 WHEREAS, the County Board (the "Board") has determined that it is necessary to make 41 all possible resources and means available to the County in order to protect the health, safety, 42 property and welfare of its residents from the threat posed by the flooding across St. Croix 43 County. 44 45 NOW, THEREFORE BE IT RESOLVED,by the St. Croix County Board of 46 Supervisors that pursuant to Wis. Stat. § 323.11, the Board finds and declares that an emergency 47 exists within the County by reason of a disaster due to the flooding across St. Croix County. 48 49 BE IT FURTHER RESOLVED,that during the period of emergency prescribed by this 50 Resolution, the Board may order, by ordinance or resolution, whatever is necessary and 51 expedient for the health, safety, protection, and welfare of persons and property within the 52 County. 53 54 BE IT FURTHER RESOLVED,that the St. Croix County Administrator is hereby 55 authorized and directed by the Board to coordinate and administer the County's emergency 56 management response and to carry out the orders of the St. Croix County Board related thereto. 57 58 BE IT FURTHER RESOLVED,that the head of Emergency Management of the 59 County is authorized and directed to carry out his/her duties under the County's Emergency 60 Management Plan under the supervision and direction of the County Administrator and perform 61 such other duties as may be directed by further resolution of the St. Croix County Board. 62 63 BE IT FURTHER RESOLVED,that pursuant to Wis. Stat. § 323.11, the period of 64 emergency shall be limited to the time during which the emergency conditions exists or are 65 likely to exist. 66 67 BE IT FURTHER RESOLVED,that all actions heretofore taken by the Board and 68 other appropriate public officers and agents of the County with respect to the matters 69 contemplated under this Resolution, including the Proclamation declaring that a state of 70 emergency exists in St. Croix County due to flooding across St. Croix County, are hereby 71 ratified, confirmed, and approved. Legal-Fiscal-Administrative Approvals: Legal Note: Fiscal Impact: Any emergency expenses may or may not be eligible for refunding. Zr� rv° Carparation n 0ft0� K Cou i � W30/ZDZO K21100-� P Ck Thompson,County Adrninistratnr 7/3/2024 Vote Confirmation. SL Croix County Board of Supervisors Action: Roll Call -Vote Requirement— .................................................................................................................................................................................................................................................................................................................................... . RESULT: ADOPTED [UNANIMOUS] MOVER: Scottie Ard, Supervisor SECONDER: Dave Ostness, Supervisor AYES: Schachtner, Anderson, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey ABSENT: Bob Long This Resolution was Adopted by the St. Croix County Board of Supervisors on July 7, 2020 Cindy Campbell, County Clerk ST. R 1X. C" jd Vui io � m�giVu ,� a uli�u1 T. C'l OI C'(: UN 1'A JI� OF PROCLAMATION ION �.EC LARII` G A TE F ElY�E�\G"EJ9 }}gqCY W>1#EREA , on June°, 213 and 29, 2020, harts of St, Croix County received over seven inches of rain causing flooding across the eoulaty, which causcd roads to Nvash orrt, including State Trunk lhighway 63, t.J„S, Flighwaay 12, and several othea°county and town roads; and WIII+;REA , it is necessary Parr tit. Croix Comity to declare a state of emc;rgency as the rain has car►sed flooding and washed out roads creating a disaster; and 'VWltIEREAS, Wis. Stat. § 32111 empowers a governing body of as local unit of government to declare as local state of emergency whenever conditions arise la}r reason of' riot or civil commotion, a disaster, or an imminent threat ol`a disaster, that impairs transportation, food 01® 111cl srr.laPlies, Medical caare, fire, health or police protection, or other critical systems of the local unit of government, The period of tine caaaergency shall be limited by the ordinance or resolution to th.c time during which the einergenc.y conditions exist or are likely to exist; and ''I-11FREA , pursuant to Wis. Stat. § 323.14(4)(aa), the emergency power of the governing body includes the general authority to order,by ordinance or resolution, whatever is necessary and expedient for the health, saall ty, protection, and welfare of"persons and property within the local unit of government ira the emergency and includes the power to bar, restrict, or remove all unnecessary traaff1c, both vehicular and pedestrian, from the highways„ notwithstanding any provision of`Wis. Stat. C"hs. 341 to 349; and WHEREAS, pursuant, to Wis, StuL § 323,14(4)(b), if, because of the emergency conditions, (lie governing body of the local unit cal' government is unable to erect promptly, the chief' execrative of'licer 01` acting chief executive officer of any local Urait Of t�!,cave I'll n-rerat; shall exercise by proclaarnation all of the powers conl`crrcd upon the governing body under Wis, Stat. §§ 32114(4)(a1) or 323.1 1 that appear necessary and expedient. The proclamation shall be sublcet to ratification, alteration, modification, or repeal by the governing body as soon as that body can r11eet, bUt the subsequent action taken by the governing body shall not af&ect. the prior validity of the proclamation. NC,}'UW, "1'I-iw1+,REFORE BE FF PROCLAIMED, by the St. Croix County l3oard Chair that a local state: ol'ernergency now exists throughOUt St. Croix County; and IT IS FURTHER IN'XtOCTAIMl+D ANI) ORDERED,by (lie St, Croix County Berard Chair that during the existence of'said local emergency, the powers, functions and duties of dais County shall be pursuant to this Proclaarnatican, and as prescribed by `Mate law, and by ordinances and resolutions of this Comity; and EXHIBIT" IT IS FURTHER PROCLAIMED AND ORDERED, by the St. Croix County Board Chair, acting under the powers granted pursuant to Wis. Stat. § 323.14(4)(b), that St. Croix County, including but not limited to the St. Croix County Sheriff's Office, shall do whatever is necessary and expedient for the health, safety, protection, and welfare of persons and property within the local unit of government in the emergency and includes the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the highways, notwithstanding any provision of Wis. Stat. Chs. 341 to 349. Adopted this 29"' day of June, 2020. David Peterson St. Croix County Board Chair