City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
Cross References — Administration, Title I; alcoholic beverages, Ch. 600; fire code and fire prevention, Ch. 520; streets, sidewalks and other public places, Ch. 535; traffic code, Title III.
[Code 1972, §8-1; CC 1988 §8-16]
There is hereby created an Emergency Management Agency known as Aurora Emergency Management Agency which is responsible for the preparation and implementation of emergency functions required to prevent, minimize and repair injury and 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 the military forces are primarily responsible, in accordance with RSMo., Chapter 44.
[Code 1972, §8-2; CC 1988 §8-17]
The Emergency Management Agency shall consist of a Coordinator and other additional members to be selected by the Coordinator in order to conform to the State Organization and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.
[Code 1972, §8-3; CC 1988 §8-18]
The Emergency Management Agency shall perform Emergency Management functions within the territorial limits of the City, and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of RSMo., Chapter 44.
[Code 1972, §8-4; Ord. No. 85-1891, 7-8-1985; CC 1988 §8-19]
The Coordinator of the Emergency Management Agency for the conduct of emergency operations will be appointed by the City Manager and shall serve until removed by him.
The Coordinator shall have direct responsibility for the organization, administration and operation of local disaster planning for Emergency Management subject to the direction and control of the City Manager or the City Council, as provided by Statute.
The Coordinator is authorized to select and obtain Federal Government surplus property through the State Disaster Planning and Operations Office, Emergency Management Agency and State Department of Education. The Coordinator shall obtain the necessary approval to obligate the City for the handling charge imposed by the Department of Education, the State agency for surplus property. The Coordinator may delegate authority to obtain surplus property at the State agency for surplus property warehouse with the approval of the City Manager.
The Coordinator shall be responsible for maintaining records on the use and disposal of all items of equipment placed under the jurisdiction of the Emergency Management Agency.
The Coordinator is authorized to submit all materials and sign all documents requested by the State Disaster Planning and Operations Office, Emergency Management Agency to qualify the City for participation in Federal contributions for Emergency Management Agency Personnel and Administrative Expense Program under P. L. 85-606.
The Coordinator shall appoint, provide or remove rescue teams, auxiliary public safety personnel and other emergency operations teams, units or personnel who may serve without compensation.
[Code 1972, §8-5; CC 1988 §8-20]
No person shall be employed or associated in any capacity in the Emergency Management Agency established under this Article 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 Emergency Management Agency shall, before entering upon his 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 time as I am a member of the 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 1972, §8-6; Ord. No. 85-1891, 7-8-1985; CC 1988 §8-21]
The City Manager is authorized to designate space in any municipally owned or leased building for the City Emergency Management Agency as its office.
[Code 1972, §8-7; Ord. No. 85-1891, 7-8-1985; CC 1988 §8-22]
In the event of an emergency, and during such emergency only, as defined in RSMo., Chapter 44, the Coordinator of the Emergency Management Agency is authorized on behalf of the City to produce such services, equipment or material without regard to the statutory procedures of formalities normally prescribed by law pertaining to municipal contracts or obligations, as authorized by RSMo., Chapter 44; provided, that if the City Council meets at such time, he shall act subject to the directions and restrictions imposed by that body.
In the event of enemy attack, the City Manager may waive any time-consuming procedures and formalities otherwise required by Statute pertaining to the advertisement for bids for the performance of public work or entering into contracts.
Cross Reference — Administration, Title I.
[Code 1972, §2-49; CC 1988 §8-41]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
Any attack or series of attacks by any enemy of the United States which, because of substantial damage or injury to civilian property or persons in the United States, shall cause a disruption of the government of the City and result in all or a part of the officers of the City necessary for efficient operation of the City being unavailable to carry out the functions of the City Government.
A person designated pursuant to this Article for possible temporary succession to the powers and duties of the office of a City Officer in the event such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
Cross Reference — Definitions and rules of construction generally, §100.020.
[Code 1972, §2-50; CC 1988 §8-42]
In the event of a disaster, there are hereby appointed by the Council the persons who have been former members of the City Council to succeed to emergency vacancies on the Council in the order of their most recent service on the Council. If two (2) former Council members are eligible to the fifth (5th) vacancy on the Council, the Council place shall be decided by lot.
[Code 1972, §2-51; CC 1988 §8-43]
Following any disaster, the available members of the Council, together with such persons as are designated to fill any vacancies on the Council, shall meet, make such reorganization of the Council and the City Government as may be necessary, appoint a City Clerk, if that office is vacant, and if such meeting is more than six (6) months before the next first (1st) Tuesday in April, provide for a City election.
During the period until City Council members are elected, the interim successors shall have all the powers of Council members under the laws of the State, this Code, the ordinances of the City and any emergency duties placed upon them by the Federal or State Government. Emergency Council members shall hold office until their successors are duly elected.
[Code 1972, §§2-52, 2-53; Ord. No. 85-1891, 7-8-1985; CC 1988 §8-44]
If the Mayor becomes unavailable as a result of a disaster, at its first (1st) meeting the Council shall appoint an Acting Mayor.
The emergency interim successor to the Mayor's office shall have all the duties and powers provided by State law, this Code and other ordinances of the City. With the exception of Council members, Clerk and Assessor, and Treasurer, the Mayor shall make all interim appointments to City offices and positions in the City service as may be needed and shall take immediate steps after any disaster to restore to City Government and services.
[Code 1972, §2-54; Ord. No. 85-1891, 7-8-1985; CC 1988 §8-45]
The emergency interim City Council and Mayor shall have the power to make and enforce emergency rules, regulations and ordinances and shall keep a record thereof.