1298, Repeal Emergency Ordinance 1297 ORDINANCE NO. 1298
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, REPEALING EMERGENCY
ORDINANCE NO. 1297 IN ITS ENTIRETY; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the City of Okeechobee (the City) Charter § C-4.4. D, to meet a public
emergency affecting the public health, safety or welfare, or the public peace, the City Council
(the Council) may adopt, in the manner provided in this Section, one or more emergency
ordinances; and
WHEREAS,the Council is further permitted by City Charter§C-4.4. to repeal emergency ordinances by
adoption of a repealing ordinance in the same manner specified for adoption of emergency
ordinances; and
WHEREAS, in accordance with the City Charter every emergency ordinance, except emergency
appropriation ordinances, shall automatically be repealed as of the sixty-first(61st)day following
its effective date; and
WHEREAS, the Council is permitted to adopt and repeal emergency ordinances based upon with one
reading, by virtue of Florida Statute 166.041(3)(b); and
WHEREAS, on September 26, 2024, the Council adopted Emergency Ordinance No. 1297 in response
to the predicted path of Hurricane Helene; and
WHEREAS, the Council has determined that the emergency conditions and circumstances no longer
exist necessitating Ordinance No. 1297 and that consequently there is a need to repeal
Ordinance No. 1297 in its entirety.
NOW, THEREFORE, BE IT ORDAINED the Council, by a minimum of a two-thirds vote, as follows:
SECTION 1: Recitals Adopted.
Each of the above stated recitals is true and correct and incorporated herein by this reference.
SECTION 2. Repeal of Ordinance.
Ordinance No. 1297, entitled "AN EMERGENCY ORDINANCE ENACTED BY THE CITY
COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, DESIGNATING THE CHIEF OF
POLICE AS THE EMERGENCY MANAGEMENT OFFICIAL FOR THE CITY OF
OKEECHOBEE; PROVIDING FOR THE CHIEF OF POLICE TO DECLARE, WHEN
NECESSARY, A 72-HOUR STATE OF EMERGENCY WITHIN THE CITY OF OKEECHOBEE
DUE TO THE PREDICTED PATH OF SUBTROPICAL STORM/HURRICANE HELENE;
PROVIDING FOR ACCEPTING THE RECOMMENDATION BY THE CHIEF OF POLICE TO
EXTEND THE 72-HOUR DECLARATION; PROVIDING FOR DECLARATION TO CONTINUE
FOR AN INDEFINITE PERIOD OF TIME AS DEEMED APPROPRIATE BY THE CHIEF OF
POLICE; PROVIDING FOR AUTOMATIC EMERGENCY MEASURES; PROVIDING FOR
DISCRETIONARY EMERGENCY MEASURES; PROVIDING FOR FILING DECLARATIONS
AND MEASURES IN THE OFFICE OF THE CITY CLERK AND PUBLICATION TO NEWS
MEDIA; PROVIDING FOR VIOLATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE," is hereby repealed in its
entirety.
SECTION 2. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. 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.
Ordinance No. 1298, Page 1 of 2
SECTION 4. Effective Date.
This Ordinance shall be effective immediately upon its adoption.
•
INTRODUCED for First Reading and set for Final Public Hearing on this 15th day of October 2024. Roll
Call Vote:
Yes No Abstained Absent
Council Member Chandler: X
Council MemberNice Mayor Clark: X
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
/-7 /(7-
Do ' . Watford, Jr.
Mayor
ATTEST:
_ _
Lane Gamiotea, CMC
City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 28th day of October 2024.
Roll Call Vote:
Yes No Abstained Absent
Council Member Chandler: X
Council MemberNice Mayor Clark: X
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
Do ng . Watford, Jr.
Mayor
ATTEST:
C4
Lane Gamiotea, CM
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Stephen L. Conteaguero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
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Ordinance No. 1298,Page 2 of 2