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2021-09-07 Ex 05Ordinance No. 1236 - Page 1 of 2 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1236 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; REVISING SECTION 2-172 AND CHAPTER 34 OF THE CODE OF ORDINANCES TO REFLECT CHANGES AS A RESULT OF THE CITY ENTERING INTO AN INTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY TO PROVIDE FIRE SERVICES WITHIN THE CITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, entered into an interlocal agreement with Okeechobee County on December 1, 2020, and amended on May 18, 2021, whereby beginning on August 2, 2021, the City compensates the County to provide fire protection services within the City (“Interlocal Agreement”); and WHEREAS, as of August 2, 2021, the City no longer has a fire department, no longer provides fire services within the City, and fire services are provided by Okeechobee County; and WHEREAS, Subsection 2.B. of the Interlocal Agreement provides that the County shall assume authority and responsibility to enforce the Florida Fire Prevention Code. NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: AMENDING CHAPTER 2. Section 2-172 within Part II of the Code of Ordinances, Chapter 2-Administration, Article III-Departments, Officers and Employees, Division-6 Departments and Officers, for the City of Okeechobee Florida, is hereby amended to the following extent: Sec. 2-172. - Fire department. There is hereby created and established a fire department. The head of the department shall be known as the fire officer chief who shall be responsible for fire protection and fire inspections except as otherwise provided in the interlocal agreement with Okeechobee County entered into on December 1, 2020, and amended on May 18, 2021. as required by law. The fire chief shall supervise all employees assigned to the department and sh all be responsible for the maintenance of the budlings and equipment needed in the operation of the department. The fire officer chief shall perform such other duties as may be prescribed by the city council. SECTION 2: CHAPTER 34. Sections 34-1, 34-32, and 34-33 within Part II of the Code of Ordinances, Chapter 34-Fire Protections and Prevention, Article I-In General and Article II-Fire Prevention, for the City of Okeechobee Florida, is hereby amended to the following extent: Sec. 34-1. - Fire district. The city affirms a fire district exists which encompasses the entire incorporated limits of the city. The City entered into an interlocal agreement with Okeechobee County on December 1, 2020, and amended on May 18, 2021, whereby beginning on August 2, 2021, the City compensates the County to provide “Fire Services” within the City fire district (“Interlocal Agreement”). The Interlocal Agreement is hereby incorporated into this ordinance by reference. All regulations, requirements, and matters concerning fire protection and prevention within the City fire district are governed by the Okeechobee County Code of Ordinances pursuant to the Interlocal Agreement and other applicable laws. (a) It is hereby affirmed that one of the primary responsibilities of the government of the city is to provide for the protection of life and property. (b) For the purposes stated in subsection (a) of this section, the city affirms a Ordinance No. 1236 - Page 2 of 2 Language to be added is underlined. Language to be deleted is struck through. fire district exists which encompasses the entire incorporated limits of the city and within this fire district, the city accepts its responsibility for the protection of life and property from fires or other such conflagrations. (c) The city's fire department, which has been organized and operating for over seven decades is recognized as the firefighting arm of the city and as the sole lawful department authorized to attack and fight fires and other such conflagrations within the fire district recognized in this section, subject to such written mutual aid agreements as may be authorized by the city council. Sec. 34-32. - Chief designated fire official; duties; police powers. The fire chief of Okeechobee County the chief is hereby designated as the fire official within the City of Okeechobee pursuant to the Interlocal Agreement between the City and Okeechobee County executed on December 1, 2020 . The fire official shall enforce the provisions of this article and all state laws under his jurisdiction, pertaining to the prevention, suppression or extinguishing of fires. The fire official has the powers of a police officer in performing his duties under this article. Sec. 34-33. - Appeals. Any person whose application for any permit, under the state fire prevention code or this article, has been refused, or who feels aggravated by any decision or action of the fire official in the enforcement of the fire prevention code or this article may appeal to the magistrate code enforcement board as provided by section 18-33 of this Code. SECTION 3: CONFLICT . That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. That if any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of th is Ordinance shall not be affected thereby but shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for the First Reading and set for Final Public Hearing on this 17th day of August 2021. ____________________________ ATTEST: Dowling R. Watford, Jr., Mayor ________________________________ Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of September 2021. ____________________________ ATTEST: Dowling R. Watford, Jr., Mayor ________________________________ Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: _____________________________ John J. Fumero, City Attorney