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1236 Revising Code of Ordinances to Reflect Changes Resulting from Fire Services Interlocal with Okee CountyORDINANCE 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 Au�ust 2, 2021, the City no longer has a fire department, and f�re service's are provid�d by�Okeechobee'County through an Interlocal Agree— ment; 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 F#ie# who shall be responsible for fire protection except as otherwise provided in the interlocal agreement with Okeechobee Countv entered into on December 1 2020 and amended on Mav 18, 2021. . ''��s-ass+g ^„�a-�-�," ��� �+�;�r��i ��e-�s-�a�sa��e +h ±�_a.+a-t�a-r��e-e#-�?p--�+r�-I+r�g�� T��-'�Pm ^����a�'��-�^�*�"-��.-� �..+�� ^�m +� �'�^��*^^�^�. The fire officer s#ie# 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 citv affirms a fire district exists which encompasses the entire incorporated limits of the citv. The Citv entered into an interlocal aareement with Okeechobee Countv on December 1, 2020, and amended on Mav 18 2021 wherebv beclinninq on Auqust 2, 2021, the City compensates the Countv to provide "Fire Services" within the Citv fire district ("Interlocal Agreement") The Interlocal Aqreement is herebv incorporated into this ordinance by reference All requlations, requirements, and matters concerning fire protection and prevention within the Citv fire district are qoverned by the Okeechobee County Code of Ordinances pursuant to the Interlocal Aqreement and other applicable laws. Ordinance No. 1236 - Page 1 of 2 Language lo be added is underlined. Language to be deleted is slrask-lhreueh. � - - - - " — — — ' ' :.�:.�s. — — - - - - — �... Sec. 34-32. - Chief designated fire official; duties; police powers. The fire chief of Okeechobee Countv *"���";� is hereby designated as the fire official within the Citv of Okeechobee pursuant to the Interlocal Aqreement between the Citv 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 maqistrate 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 this 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 Auqust 2021. ATT ST: , C��� � t-�-��C� � Lane Gamiotea, C C, City Clerk i � � � owling R. WatF d, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of September 2021. ATTEST: � � � � � �� Lane amiotea, C C, City Clerk REVI� ECjkt S FICIE _ Y: .� John J. Fumero, City Attorney ;� L �Z�� � Dowling R. Watfor , J., M yor Ordinance No. 1236 - Page 2 of 2 Language to be added is underlined. Language to be deleted is skusk�#xeugh.