2024-10-28 Item IV. A. Ex.1 Exhibit 1
10/28/2024 CU S\-)eCio-,I n1-
1 'u. .4• 0
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appropriation ordinances, shall automatically be repealed as of the sixty-first(61st)day following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
• S
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
Dowling R. 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:
Council MemberNice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr.
Mayor
ATTEST:
Lane Gamiotea, CMC
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Stephen L. Conteaguero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
Ordinance No. 1298,Page 2 of 2
• •
City of Okeechobee, Florida
Business Impact Estimate
Pursuant to §166.041 , Florida Statutes
Proposed ordinance's reference and title: 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.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more
boxes are checked below, this means the City is of the view that a business impact estimate is not required by
state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a
courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This
Business Impact Estimate may be revised following its initial posting.
El The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited
to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal
government;
El The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning,
and land development regulation, including zoning, development orders, development
agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law,even notwithstanding the fact that an exemption noted above
may apply,the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving
the public health, safety, morals and welfare):
This ordinance repeals an emergency ordinance enacted in advance of Tropical Storm Helene
that has been superseded by Mayor's executive order,thus promoting public safety.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses
in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new charges
or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance:
None.
4. Additional information the governing body deems useful (if any):
None.
1 See Section 166.041(4)(c),Florida Statutes.
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Florida PO Box 631244 Cincinnati,OH 45263-1244
GANNETT
OF
AFFIDAVIT OF PUBLICATION CITY
NOTICE OKEECHOBEE
CONSIDERATION OF ADOPTING
A
Katie Rogers NOTICE ISTY HEREBYANCE GIVEN that
CityOf Okeechobee the City Council of the City of
Okeechobee will conduct a Public
55 Se 3 Rd Ave Hearing on October 28, 2024, 9 AM,
Okeechobee FL 34974 or as soon thereafter as possible, at
City Hall, 55 SE 3rd AVE,
Okeechobee, FL, to consider final
reading for adoption of the following
Ordinance into low(No.1298):
STATE OF WISCONSIN, COUNTY OF BROWN AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA,
ned authorityREPEALING EMERGENCY
Before the undersig
ned personally appeared,who ORDINANCE NO. 1297 IN ITS
ENTIRETY; PROVIDING
on oath says that he or she is the Legal Advertising CONFLICT; PROVIDING FOR
Representative of the Indian River Press Journal St Lucie PROVIDING
SEVERABILITY; AND
P / PROVIDING FOR AN
News Tribune Stuart News, ublished in Indian FFECTIVE DATE.
news a ers
/ P P P The public is invited to attend the
River/St Lucie/Martin Counties, Florida;that the attached Public Hearing and be heard on all
matters.
copy of advertisement, being a Legal Ad in the matter of The proposed ordinance can be
inspected in its entirety at the
Govt Public Notices,was published on the publicly address above during regular
business hours, Mon-Fri, 8 AM-4:30
accessible websites of Indian River/St Lucie/Martin PM,except for holidays,or with the
agenda materials on the website:
Counties, Florida,or in a newspaper by print in the issues www.cityofokeechobee.com/Agenda
Minutes-CityCouncil.html.
of, on: BE ADVISED that should you
intend to show any document,
picture, video, or items to the
10/17/2024 Council in support or opposition to
any item on the agenda, a copy of
the document, picture, video, or
item must be provided to the City
Affiant further says that the website or newspaper complies Dords
IERSONECIID NGANY
rTO APPEAL P
with all legal requirements for publication in chapter 50, any decision made by the Council
with respect to any matter
Florida Statutes. considered at this meeting will need
to ensure a verbatim record of the
Subscribed and sworn to before me, by the legal clerk, who proceeding is made and the record
includes the testimony and evidence
.......(7,
is personally known to me, on 10/17 2024 upon which the appeal will be based.
In accordance with the Americans
' f...._ilia/ with Disabilities Act, persons with
C� disabilities needing special
accommodation to participate in this
Legal Clem • ! proceedinglerk'sfshould contact the City
Clerk's Office in personmai or call Florida763-9815, Hearing Impaired: ida
Relay 7-1-1 no later than four
Notary,State of WI,County of Brown business days prior to proceeding.
By: City Clerk Lane Gamiotea,CMC
Pub: October 17,2024
7 • ----7 TCN10679924
My commission expires
Publication Cost: $123.52 PM 1
Tax Amount: $0.00 �n,. 4?
ir
Payment Cost: $123.52 `
Order No: 10679924 #of Copies:
Customer No: 1125095 1 [)CA
PO#:
THIS IS NOT AN INVOICE! g-'v..-
•
Please do not use this form for payment remittance.
li
KAITLYN FELTY CorN 4v -fit ik.
Notary Public
State of Wisconsin allivitrlt cat -
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