# Central City Disaster & Emergency Service Ordinance 92-468

*Reference: The Columbia Disaster and Emergency Services Act, Section 14
and 15, which are incorporated herein by reference state to wit:*

## "Section 14 Local Emergency

*"1) A local emergency may be proclaimed by the governing body of the
political subdivision or by an official so designated and authorized by
ordinance or resolution adopted by such governing body.*

*"2) Whenever a local emergency is proclaimed by an official designated
and authorized by ordinance or resolution, the local emergency shall not
remain in effect for more than seven (7) days unless it has been
ratified by the governing body. The governing body shall review at least
every fourteen (14) days until such local emergency is terminated, the
need for continuing the local emergency and shall proclaim the
termination of such local emergency at the earliest possible date that
conditions warrant.*

*"3) When two or more political subdivisions have created an
interjurisdictional entity or Policy Group to jointly administer and
coordinate the emergency response and recovery activities of the
participating jurisdictions, the official selected by members of said
Policy Group shall have the authority to proclaim a local emergency.*

*"4) In periods of local emergency, political subdivisions have the full
power to provide mutual aid to any affected area in accordance with
local ordinances, resolutions, emergency plans or agreements therefor.*

*"5) State agencies may provide mutual aid, including personnel,
equipment, and other available resources, to assist political
subdivisions during a local emergency or in accordance with mutual aid
agreements or at the direction of the Governor.*

*"6) In an appropriately proclaimed State or local emergency, the cost
of extraordinary services incurred by political subdivisions in
executing mutual aid agreements shall constitute a legal charge against
the State when approved by the Governor in accordance with orders and
regulations promulgated as prescribed in this Act. The Governor may
delegate this power of approval.*

*"7) During a local emergency, the governing body of a political
subdivision or officials designated thereby, may promulgate orders and
regulations necessary to provide for the protection of life and
property, including orders or regulations imposing a curfew within
designated boundaries where necessary to preserve the public order and
safety. Such orders, regulations, amendments and recessions thereof
shall be in writing and shall be given widespread public and public
notice.*

*"Section 15 Preservation of Local Government*

*"1) The Legislature recognizes that, if this State or nation were
attacked by an enemy of the United States, many areas in Columbia might
be subjected to the effects of said enemy attack and some or all of
these areas could be severely damaged. During such attacks and in the
reconstruction period following such attacks, law and order must be
preserved and, so far as possible, governmental services must be
continued or restored. To help preserve law and order and to continue or
restore local governmental services, it is essential that the local
units of government continue to function."*

Central City Disaster & Emergency Service Ordinance 92-468

Section 1) Title Central City Disaster and Emergency Services Ordinance

This Ordinance shall be referred to as the Central City Disaster and
Emergency Services Ordinance Act.

### Section 2) Definitions

1\) Unless otherwise clearly required by the context, as used in this
act:

a\) "Unavailable" means either that a vacancy in an office exists and
there is no deputy authorized to exercise the powers and discharge the
duties of the office; or that the lawful incumbent of the office and the
deputy are absent, deceased or otherwise unable to exercise the powers
and discharge the duties of the office.

b\) "Emergency interim successor" means a person designated in the event
an officer is unavailable, to discharge the duties of an office until a
successor is appointed or elected and qualified as provided by the
constitution, statutes, charters and ordinances or until the lawful
incumbent is able to resume the duties of the office.

c\) "Office" includes all Central City offices, the powers and duties of
which are defined in the Charter, laws and regulations of Central City.

### Section 3) Liberty County/Central City Disaster Emergency Policy Group

The Mayor and City Council of Central City find that the people of this
City would be more effectively served by an interjurisdicitonal
arrangement than by maintaining separate disaster agencies and services.
In furtherance of this finding, there is hereby created by this
ordinance, and by a similar ordinance which has been enacted by the
Board of County Commissioners of Liberty County, the Liberty County /
Central City Disaster Emergency Policy Group. (The Policy Group).

### Section 4) Delegated Authority

Authority is hereby delegated to the Liberty County / Central City
Disaster Emergency Policy Group for conducting all activities relating
to the prevention of, preparation for, response to and recovery from
disaster emergencies, including, but not limited to, creation of a
disaster and emergency services interjurisdictional entity as authorized
by the Columbia Disaster and Emergency Services Act, to prepare a joint
disaster emergency plan, mutual aid agreements and such other activities
as shall be necessary and appropriate for carrying out the intent of
this ordinance.

### Section 5) Composition of Liberty County/Central City Policy Group

1\) Each jurisdiction shall determine which agencies and personnel shall
serve on the Liberty County/Central City Disaster Emergency Policy Group
and each jurisdiction is authorized to make such changes, deletions or
additions as may be appropriate and necessary from time to time.

Central City Disaster & Emergency Service Ordinance 92-468

2\) Other political subdivisions may be admitted for inclusion in the
interjurisdictional disaster emergency Policy Group when duly authorized
by the governing body of the jurisdiction seeking admission and by the
existing members of the Policy Group.

Section 6) Executive head of the Liberty County/Central City Disaster
Emergency Policy Group

1\) The Policy Group itself shall choose its presiding officer from the
members of the Policy Group and shall establish and define the presiding
officer's powers and authority.

2\) The Policy Group, on behalf of the respective jurisdictions, shall
prepare and distribute to all appropriate officials in writing a clear
and complete statement of the emergency responsibilities of all local
agencies and officials and set forth the disaster emergency chain of
command within the Policy Group. When a disaster is occurring or is
imminent the Policy Group shall issue a Policy Statement for the
guidance of the departments and agencies of the respective
jurisdictions.

### Section 7) Continuity of government

To assure continuity of government through legally constituted
leadership, authority and responsibility in offices of the Central City
government, pursuant to the Columbia "Emergency Interim Executive and
Judicial Succession Act;" to provide for the effective operation of the
Central City government during an emergency; and to facilitate the early
resumption of functions temporarily suspended, it is found and declared
to be necessary to provide for additional officers who can exercise the
powers and discharge the duties of the head of government; to provide
for emergency interim succession to governmental offices of Central City
in the event the incumbents thereof and their duly authorized deputies,
assistants or other subordinate officers are unavailable to perform the
duties and functions of such offices.

### Section 8) Emergency Interim Successors \-- Central City

1\) Pursuant to the provisions of the Columbia "Emergency Interim
Successors Act," all department and agency heads of Central City and all
school, fire, power and drainage districts shall designate by title, if
feasible, or by named person, emergency interim successors and specify
their order of succession. Such designations shall be reviewed and
revised as necessary to insure their current status. The officer will
designate a sufficient number of persons so that there will be not less
than three (3), nor more than seven (7) deputies or emergency interim
successors or any combination thereof at any time. If the event that any
officer of any political subdivision (or his or her deputy) is
unavailable, the duties shall be discharged by the designated emergency
interim successors in the order specified. The emergency interim
successor shall discharge the duties of the office to which he or she is
designated until such time as the vacancy is filled; or until the
officer or his deputy becomes available to discharge the duties of the
office.

2\) The office of Mayor shall devolve to the Vice Mayor and thereafter
to the member or members of the City Council in order of their
succession to office. If two or more shall have the same seniority date,
then lots shall be drawn by the highest ranking judicial officer
available to fill the office of Mayor on a temporary basis.

Central City Disaster & Emergency Service Ordinance 92-468

3\) The powers of other elective officers shall devolve to their chief
deputy and thereafter to other persons on the basis of rank. If more
than one person shares the same rank, then succession shall be by
seniority in entering on duty in the service of Central City. If two or
more have equal entitlement to the office on the basis of these
criteria, then the vacancy shall be filled by the City Council.

### Section 9) Formalities of Taking Office

1\) At the time of their designation, emergency interim successors shall
take such oath as may be required for them to exercise the powers and
discharge the duties of the office to which they are succeeding.
Notwithstanding any other provision of law, no person shall be required
to comply with any other provisions of law relative to taking office as
a prerequisite for assuming such temporary office.

### Section 10) Period in Which Authority May be Exercised

1\) Officials authorized to act pursuant to this ordinance, are
empowered to exercise the powers and discharge the duties of an office
as herein authorized only after the disaster has created the vacancy of
the office. Emergency interim successors in non elective offices shall
serve at the pleasure of the Mayor and may be removed or replaced by the
Mayor with or without cause.

2\) When the disaster or emergency which created the vacancy abates and
an elective office is still vacant, then a special election shall be
held at the earliest time feasible to fill such vacant elective office.

3\) The persons designated as emergency interim successors are
authorized to exercise the powers and discharge the duties of an office
in accordance with this ordinance until such time as they are removed by
appropriate authority.

4\) Any disputes concerning a question of fact arising under this
ordinance with respect to an office, shall be adjudicated and resolved
by the City Council.

### Section 11) Financing

1\) It is the intent of the City Council and declared to be the policy
of Central City that funds to meet disaster emergencies shall always be
available.

2\) A Disaster Contingency Fund is hereby established which shall
receive monies appropriated therefor by the City Council and these
monies shall not be expended for any purpose other than to cope with a
disaster emergency.

3\) It is the City Council's legislative intent that the first recourse
shall be to funds which are regularly appropriated for City agencies. If
the Mayor finds that the demands for funds in coping with a particular
disaster emergency exhaust or unreasonably reduce these appropriated
funds, the Mayor may make funds available from the Disaster Contingency
Fund. If monies available from this fund are inadequate, and if the
Mayor finds that other sources of money to cope with the disaster are
not available or are insufficient, the Mayor may transfer and expend
monies appropriated for other purposes or borrow for a term not to
exceed two (2) years from any private or public source.

Central City Disaster & Emergency Service Ordinance 92-468

4\) Nothing contained in this section shall be construed to limit the
Mayor's authority to apply for, receive, administer, and expend grants,
gifts, or payments in furtherance of disaster prevention, preparedness,
response or recovery.

### Section 12) Emergency Purchasing 

1\) When an official disaster emergency has been declared in Central
City, the laws, regulations and procedures relating to the purchase or
procurement of goods, equipment or services may be waived if said
expenditures are necessary for coping with the emergency.

2\) Department and agency heads and incident commanders shall be
authorized to purchase or procure goods, equipment and services as
required to respond to the emergency up to a limit of \$10,000. Such
authority shall exist so long as the declared emergency condition
exists. For any purchase or procurement above \$10,000 the approval of
the Mayor or the City Manager shall be required.

3\) Individuals purchasing or procuring goods and services pursuant to
this section shall maintain a record of said transaction and execute
such forms as may be prescribed by the Central City Finance Office.

### Section 13) Effective date

This ordinance shall take effect immediately.