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HomeMy WebLinkAbout99-490 . . . RESOLUTION NO. 99-490 A RESOLUTION OF THE MOHA VE COUNTY BOARD OF SUPERVISORS FOR THE ESTABLISHMENT OF EMERGENCY AlJTHORITY IN ACCORDANCE WITH ARIZONA REVISED STATUTE TITLE 6, CHAPTER 26, ARTICLE 1, SECTION 26-311. WHEREAS, Mohave County is a body politic and corporate of the State of Arizona, (hereinafter "Mohave County") as prescribed within the Arizona Constitution, Article XII, Section 1; and WHEREAS, the State of Arizona has, in Arizona Revised Statutes ("A.R.S.") Title 11, Chapter 2, Article 4, Section 1] -25] (30), authorized the Mohave County Board of Supervisors (hereinafter sometimes referred to as the "BOS") amongst other things. to do that which is necessary to carry out its functions; and WHEREAS, the State of Arizona has provided authority to the cOlU1ties including Mohave County along with the State and other political subdivisions, to provide emergency services as prescrihed in AR.S. Title 28, Chapter 2, Section 26-301. et seq; and WHEREAS, the State of Arizona, by the provisions of A.R.S. Title 26 Chapter 2, Article ] , Section 26-311, allows counties including Mohave County to adopt a local ordinance or resolution to place emergency authority in the Chairman of the BOS; and WHEREAS, Mohave County has an Emergency Operations Phm adopted by HOS action of July 7, ] 997 and by the BOS members' signatures on February 3, 1998 pursuant to AR.S. Title 26, Chapter 2, Section 26-301, et seq; and WHEREAS, the BOS has not estahlished an Emergency Authority Ordinance or Resolution as permitted by AR.S. Title 26, Chapter 2, Article 1, Section 26-311; and WHEREAS, Mohave County anticipates it could have emergency situations whereby an Emergency Authority Resolution should be in place. THEREFORE, BE IT RESOLVED that this Emergency Authority Resolution is adopted pursuant to AR.S. Title 26, Chapter 2, Article 1, Section 26- 3] 1 providing authority in the Chairman of the 80S, to declare by proclamation, an emergency within the entirety of Mohave County, or a local emergency within Mohave Counly to exist, and . . . BE IT FURTHER RESOLVED, that ifan emergency is declared, the Chairman of the BOS shall be authorized to govern by proclamation and shall have authority to impose all necessary regulations to preserve the peace and order of the cities, towns, or unincorporated areas of Mohave County, including but not limited to imposition of curfews in all or portions of the political subdivision, ordering the closing of any business, closing to public assess any public building, street, or other public place, calling upon regular or auxiliary law enforcement agencies and organizations \vithin or without the political subdivision for assistance, and notifying the constitutional officers that the County office for which they are responsible may remain open or may close for the emergency, all as prescribed within A.R.S. Title 26, Chapter 2, Article 1, Section 26-311; and BE IT FURTHER RESOLVED, if the BOS Chairman is unavailable, the BOS Vice- Chairman shall be so authorized to function in place of the 80S Chairman, and if both the BOS Chairman and Vice-Chairman are unavailable, then the third BOS Member shall he authorized to so function in place of the BOS Chairman and Vice-Chairman; and BE IT FURTHER RESOL VEn, that "unavailable" as used herein means determined by the successor, after reasonable inquiry, to be actually unavailable for written or verbal communication; and BE IT FURTHER RESOLVED, that the use of the term "Chairman" IS statutory "tracking" but that this Resolution shall be applicable without regard to gender; and BE IT FURTHER RESOLVED, that nothing herein shall prohibit the BOS to call an emergency meeting, agendized special meeting and/or agendized regular meeting, and \vith a BOS quorum present, to conduct Mohave County business even contradictory to or to amend a proclamation or proclamations; and, BE IT FURTHER RESOL VEn, that the terms of this Resolution shall be effective immediately, PASSED, APPROVED AND ADOPTED ON THIS 6th DA Y of nKCEMRER, 1999. OARD OF SUPERVISORS . STATE OF ARIZONA ) )ss. ) County of Mohave The foregoing instrument was acknowledged before me this V-I h day of Dc ('( n\ bE 1'2... 1999 by Buster D. Johnson, Chairman, of the Board of Supervisors of Mohave County, a body politic and corporate of the State of Arizona, on behalfofthe said County. "\' \\i \\III!: IllJ!fll//fI'I. . ~\", \J ISO .Il/Of "~ ~~=~o,.,Jjs ~1~, ~C/':_4}~::;;,-'~.,~;~:i)R>~~>: -%' c ~'MjJ26irimi'ssr611"Explres: ,~ r:B~iiA~iDt2)~ -0 ,.-J \.' \ II.> ~ ~.- - ~;- "'~-:lIy"'<=_~.:JY;\ ...:l.~/ ~ .' OITt.! ,).,,5. "" ,> .:;:.- ~ ~ ~ #-.~f$'~ ~ _,,==,,--,,"P' .,,~ ~ AnIZO\~~~~"~'I-' '111/11lJimm m\\\\\\~~ QrAj Notary Public -z:::: LJ~--Icr..~-,-~ --.~~~s~~;:::.....---';-"::;-'~' .:;-:::,~' , ~ ()H'';II\LS<A' ., r. " PAT" CHASi.\:r~ ' , NOTAR ( ?UBUG.,oI/llON', . MGHAVE COUNTY . My Comm. Ellpires FeD S, 200 I . STATE OF ARIZONA ) )ss. ) County of Mohavc .-) -r;! '. The foregoing instrument was acknowledged before me this ~>) -,-- day of L.JC (I CA/i.6{--i:~- 1999 by Pat Chastain, Clerk of the Board of Supervisors of Mohave County, a body politic and corporate ofthe State of Arizona, on behalf of the said County. My Commission Expires: ---).-, /f'i .--' ..' .- I ',' "7, 'f. .. ,; { i />".. j'" L-i' + /' "j '--.- '-.. /" ~} --(.." ..... . ~,o~ary Publici) : \ \.J \,) /1 :f ./ ~ . I ,',- , .- L{/U ~~ ,__~~~._~---------""'-.r._~~. _..~~._.. -- r ........:~J~ (-~~-=~c~}' :~~ ~~~:;\L ,. ...-. ':'.:r.~ "\""<~:.'..'...;..1.. :~.--:;~'1 /. ,t.~ I :....1-:~.-~t'.~ ;;.:(;:~~ - :~ 0 ~,\) -:.:.1.Ar.ZQ~~"\ ;(::;lla;. e, ::;~::;'-:i~'_::o~;'-.-?~:~!T;~.,. .,;.....-:.:.:/ Ly Crnr."I.....:J1l E(".e< ..,..I, .1. 2v(rJ .