City of Neosho, MO
Newton County
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Table of Contents
Table of Contents
Cross References — Administration generally, Title I; planning and zoning commission, ch. 400.
[Code 1962 §8-3; CC 1979 §8-1; Ord. No. 93-29 §1(8.1), 8-24-1993]
As used in this Chapter "Chief Executive Officer" shall mean the City Manager or other official appointed by the City Council.
[1]
Cross Reference — Rules of construction and definitions generally, §100.020.
[Code 1962 §8-1; CC 1979 §8-2; Ord. No. 93-29 §1(8.2), 8-24-1993]
There is hereby created within and for the territory of the City of Neosho, Missouri, an emergency management organization to be known as the Neosho Emergency Management Agency, which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., 1978, and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
[Code 1962 §8-1; CC 1979 §8-3; Ord. No. 93-29 §1(8.3), 8-24-1993]
This Agency shall consist of a Director and other members appointed by the Director to conform to the State Organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.
[Code 1962 §8-2; CC 1979 §8-4; Ord. No. 93-29 §1(8.4), 8-24-1993]
A. 
The Director of the Emergency Management Agency shall be appointed by the City Manager, by and with the advice and consent of the City Council and shall serve until removed by the same.
B. 
The Director shall have direct responsibility for the organization, administration and operations of local emergency management activities subject to the direction and control of the Mayor or City Council.
C. 
The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Emergency Management Agency.
[Code 1962 §8-4; CC 1979 §8-5; Ord. No. 93-29 §1(8.5), 8-24-1993]
The organization shall perform emergency management functions within the territorial limits of the City of Neosho, Missouri, and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of Chapter 44, RSMo., 1978, and supplements thereto.
[Code 1962 §8-5; CC 1979 §8-6; Ord. No. 93-29 §1(8.6), 8-24-1993]
A. 
The City of Neosho in accordance with Chapter 44, RSMo., and supplements thereto, may:
1. 
Appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil defense purposes; provide for the health and safety of persons, including emergency assistance to victims of any enemy attack; the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the Federal and State Disaster and Emergency Planning.
2. 
Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units or personnel who may serve without compensation.
3. 
In the event of enemy attack, waive the provisions of Statutes requiring advertisements for bids for the performance of public work or entering into contracts.
4. 
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal Government for disaster planning and operations purposes.
[Code 1962 §8-6; CC 1979 §8-7; Ord. No. 93-29 §1(8.7), 8-24-1993]
No person shall be employed or associated in any capacity in the Neosho Emergency Management Agency who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this State or the overthrow of any Government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in the Organization shall, before entering upon his/her duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"I _________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such a time as I am a member of the Neosho Emergency Management Agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence."
[Code 1962 §8-7; CC 1979 §8-8; Ord. No. 93-29 §1(8.8), 8-24-1993]
The City Manager or City Council is authorized to designate space in any municipally owned or leased building for the Neosho Emergency Management Office.
[Code 1962 §8-8; CC 1979 §8-9; Ord. No. 93-29 §1(8.9), 8-24-1993]
A. 
The Chief Executive Officer of the City, with the approval of the Governor, may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency management aid. Such arrangements or agreements shall be consistent with the State survival plan, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual-aid arrangements or agreements.
B. 
The Director of the local organization for emergency management may assist in negotiation of reciprocal mutual-aid agreements between his/her organization and other public and private agencies and between the Governor and the adjoining states or political subdivisions thereof, and shall carry out arrangements or agreements relating to the local unit.
[Code 1962 §8-9; CC 1979 §8-10; Ord. No. 93-29 §1(8.10), 8-24-1993]
In carrying out the emergency powers under the provisions of this Chapter, the Chief Executive Officer is directed to use the services, equipment, supplies and facilities of existing departments, offices and agencies of the State and of the political subdivisions thereof, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Governor and the Missouri Civil Defense Agency upon request.
[Code 1962 §8-10; CC 1979 §8-11; Ord. No. 93-29 §1(8.11), 8-24-1993]
Whenever the Federal Government or the State government, or any officer or agency thereof, shall offer to the State, or through the State to any political subdivision thereof, services, equipment, supplies, materials or funds by way of gift, grant or loan, for the purpose of emergency management, the City through the Mayor, acting with the consent of the Governor may accept such offer and upon acceptance by the Governor or executive officer of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the State or the political subdivisions subject to the terms of the offer.
[Code 1962 §8-11; CC 1979 §8-12; Ord. No. 93-29 §1(8.12), 8-24-1993]
In the event of an emergency as defined in the Missouri Civil Defense Act of 1959, the Municipal Director of the Neosho Emergency Management Office is authorized, on behalf of the municipality, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency, without regard to the statutory procedures formalities normally prescribed by law pertaining to municipal contracts or obligations, as authorized by the Missouri Civil Defense Act of 1959; provided, that if the City Council meets at such time, he/she shall act subject to the directions and restrictions imposed by that body.
[1]
Cross Reference — Emergency purchases, §120.260.
[Ord. No. 58-2016 §1, 4-5-2016]
The City of Neosho hereby adopts the Jasper-Newton Bi-County Multi-Jurisdictional Natural Hazard Mitigation Plan, incorporated herein by reference, a copy of which is retained in the office of the City Clerk, for the purpose of building a safer community by reducing natural hazard vulnerability.