0660 Exemption from Interlocal Agreement ORDINANCE NO. 660
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING THAT ALL
AREAS WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE SHALL BE
EXEMPTED FROM THE APPLICATION OF CERTAIN TERMS AND' PROVISIONS
CONTAINED IN OKEECHOBEE COUNTY ORDINANCE NO. 92-20 WHICH REPEAL OR
SUPERSEDE CERTAIN OKEECHOBEE COUNTY ORDINANCES IMPLEMENTING THE
CITY'S iNTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY CONCERNING THE
CONSOLIDATED OKEECHOBEE COUNTY BUILDING AND ZONING DEPARTMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida,
as follows that:
Section 1. Findinas It is hereby ascertained, determined and declared that:
(A) On April 15, 1985, the City of Okeechobee and Okeechobee County entered into an
interlocal agreement which merged the City's and the County's individual building and zoning
departments into one department referred to as the Consolidated Okeechobee County Building and
Zoning Department. The interlocal agreement required that the County amend the County zoning
ordinance to extend its jurisdiction over the City and to adopt the City's zoning district regulations and
zoning districts then in effect within the City. The interlocal agreement also required that the County's
amendment to its zoning ordinance include a provision that all proposed rezonings for real property
within the City shall be submitted for final disposition to the City Council. The interlocal agreement
further required that the City repeal all City ordinances relating to building and zoning effective on the
date the County zoning ordinance was amended.
(B) On June 13, 1985, the Board of County Commissioners of Okeechobee County enacted
County Ordinance No. 85 -1 which amended County Ordinance No. 74 -1, the Okeechobee County
zoning ordinance, to apply to and have jurisdiction over all of the incorporated areas as well as the
unincorporated areas of Okeechobee County, Florida. County Ordinance No. 85 -1 also amended the
County zoning ordinance to adopt the City's zoning district regulations and zoning districts.
(C) On June 18, 1985, the Okeechobee City Council adopted City Ordinance No. 541 which
repealed the City's zoning regulations as agreed to in the interlocal agreement.
(D) On January 6, 1987, the City and County amended April 15, 1985 interlocal agreement
to specifically provide procedures to be followed by the City and County in amending, modifying or
repealing zoning regulations relating to real property within the City. The amendment to the interlocal
agreement provided that all proposed amendments or modifications to the County's zoning ordinance
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which affected land use regulations, zoning or rezoning of real property within the City shall be
submitted to the City Council for consideration prior to adopting by the Board of County
Commissioners. The amendment further provided that those decisions of MO City Council as to
proposed amendments or modifications of the County zoning ordinance which affected property within
the City, shall be binding upon the Board of County Commissioners.
(E) On January 22, 1987, the Okeechobee County Board of County Commissioners adopted
Ordinance No. 87 -1 which amended County Ordinance No. 74 -1 as amended, the County zoning
ordinance, to create and establish zoning district regulations for certain commercial zoning districts in
the incorporated and unincorporated areas of Okeechobee County.
(F) On December 30, 1992, the Okeechobee County Board of County Commissioners
adopted Ordinance No. 92 -20, establishing land development regulations for Okeechobee County.
County Ordinance No. 92 -20 refers to the land development regulations enacted by that ordinance as
the Okeechobee County Land Development Code. Article 1, Section 1.09.00 of the County Land
Development Code purports to repeal or supersede a number of Okeechobee County ordinances
including the following County Ordinances which implement the April 15, 1985 interlocal agreement
as amended on January 6, 1987: County Ordinance No. 74 -1, the County's zoning ordinance; County
Ordinance No. 85 -1, which amended the County's zoning ordinance to extend jurisdiction over real
property located within incorporated areas of the City and which also adopted the City's zoning district
regulations and zoning districts as part of the County's zoning ordinance; and County Ordinance No.
87 -1 which amended the County's zoning ordinance to create and establish zoning district regulations
for certain commercial zoning districts in the incorporated and unincorporated areas of Okeechobee
County.
(G) Prior to adopting County Ordinance No. 92 -05, the Board of County Commissioners of
Okeechobee County did not submit the proposal to repeal or supersede County Ordinances Nos. 74-1,
85 -1 and 87 -1 to the City Council for their consideration. Therefore, in enacting the County Land
Development Code the County did not comply with the agreed upon procedures for amending,
modifying, repealing or superseding zoning regulations relating to real property located within the City
limits.
(H) The purported repeal of County Ordinances Nos. 74 -1, 85 -1 and 87 -1 by County
Ordinance No. 92 -05 has created uncertainty and doubt with regard to the status of the interlocal
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agreement as amended, the Consolidated Okeechobee County Building and Zoning Department, and
those specific County zoning and land use regulations which concern and effect real property located
within the City limits of the City of Okeechobee.
(I) In order to remove an uncertainty and doubt regarding the status of the interlocal
agreement as amended, the Consolidated Okeechobee County Building and Zoning Department, and
those specific County zoning and land use regulations which concern and effect property located within
the City limits of the City of Okeechobee, the City Council of the City of Okeechobee deems it to be
in the best interest of the health, safety and welfare of the City of Okeechobee to enact an ordinance
which exempts, or opts out, all areas within the City limits of the City of Okeechobee from the
applications of those specific terms and provisions of Article 1, Section 1.09.00 contained in County
Ordinance No. 92 -20 which purport to repeal or supersede Okeechobee County Ordinance Nos. 74 -1,
85 -1, 87 -01 and any other Okeechobee County Ordinances expressly cited in Article 1, Section 1.09.00
which properly implemented the terms of the interlocal agreement as amended.
(J) By exempting, or opting out, all of the areas within the City limits of the City of
Okeechobee from the application of those specific terms and provisions of Article 1, Section 1.09.00
contained in County Ordinance No. 92 -20 which purport to repeal or supersede County Ordinance Nos.
74 -1, 85 -1, 87 -1 and any other Okeechobee County Ordinances expressly cited in Article 1, Section
1.09.00 which properly implemented the terms of the interlocal agreement as amended, a municipal
purpose is served, that purpose being the orderly and proper conduct of municipal government zoning
and land use regulatory authority, the exercise of the municipal function of zoning and land use
regulation which is essential to protect the health, morals, safety, protection and welfare of the City of
Okeechobee, the provision of consolidated Okeechobee County Building and Zoning Department
services to residents and property owners located within the City limits of the City of Okeechobee and
other benefits of interlocal cooperation received by both the City of Okeechobee and Okeechobee
County as a result of having entered into the interlocal agreement as amended.
Section 3. Exemption of Areas Within the Citv of Okeechobee from Certain Provisions of
County Ordinance 93 All areas within the City of Okeechobee, Florida shall be exempted from the
application of those specific terms and provisions of Article 1, Section 1.09.00 contained in County
Ordinance No. 92 -20 which purport to repeal or supersede County Ordinance 92 -20 which purport to
repeal or supersede County Ordinance Nos. 74 -1, 85 -1, 87 -1 and any other Okeechobee County
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ordinance expressly cited in Article i, Section 1.09.00 which properly implemented the terms of the
interlocal agreement as amended.
Section 4. Severability
If any provision or portion of this ordinance is declared by any court of competent jurisdiction
to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this
ordinance shall remain in full force and effect.
Section 5. Effective Date
This ordinance shall become effective immediately upon its adoption.
This ordinance shall be set for final public hearing the 6th day of July 1993, and shall take
effect immediately upon its adoption.
Introduced for first reading and set for final pu earing this 15th day of June 1993.
M -JAMES E. KINK
ATTEST:
c /i
i
BONNIE S. THOMAS, CMC, CITY CLERK
Passed and adopted on second reading and final public hearing
this 6th day of July 1993.
C
MAJ JAMES E. KiRK
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK
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