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.
[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.
[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.
