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HomeMy WebLinkAbout2008 08 11 Public Hearing 501 First Reading Ordinance 2008-15 Inclusion of City in Seminole County's Fire and Emergency Services Municipal Taxing Unit COMMISSION AGENDA Consent ITEM 501 Informational Public Hearing Regular x August 11. 2008 Meeting Mgr. / Dept. REQUEST: First Reading of Ordinance 2008-15, authorizing the inclusion of the City in Seminole County's Fire and Emergency Services Municipal Taxing Unit. PURPOSE: To take steps to implement the Fire and Emergency Medical Services Agreement with Seminole County, effective October 2, 2008, by adopting this Ordinance for the City to be included in Seminole County's Municipal Service Taxing Unit. CONSIDERATIONS: 1. The City and Seminole County entered into the Fire and Emergency Medical Services Agreement ("Agreement") with the effective date of October 2, 2008. 2. Section 125.01, Florida Statutes, and section 4.3.1, of the Agreement, require the City to adopt an Ordinance to authorize the City's inclusion into the Municipal Service Taxing Unit ("MSTU"). 3. The effective date of this Ordinance is October 2,2008 to coincide with the effective date of the Agreement. 4. Seminole County will take over and provide fire and emergency medical services within the City of Winter Springs on October 2,2008, and Seminole County and the City will use the MSTU to fund such services. 5. In addition, the Ordinance adopts conforming amendments to the City Code that are required given the Agreement and the discontinuance of the City's Fire Department. Page I of 2 --..... STAFF RECOMMENDATION: Pass Ordinance 2008-15 on First Reading and advertise said Ordinance for Second Reading and adoption at the next regular City Commission meeting. ATTACHMENT: Ordinance 2008-15 COMMISSION ACTION: 1. The City and Seminole County previously approved the Fire and Emergency Medical Services Agreement. Page 2 of 2 ORDINANCE NO. 2008-15 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE INCLUSION OF THE CITY OF WINTER SPRINGS IN SEMINOLE COUNTY'S FIRE AND EMERGENCY SERVICES MUNICIPAL SERVICES TAXING UNIT, THEREBY AUTHORIZING SEMINOLE COUNTY TO RENDER PROFESSIONAL FIRE AND EMERGENCY MEDICAL SERVICES TO THE CITY; INCORPORATING SAME INTO THE CITY CODE FOR CONSISTENCY; PROVIDING FOR CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under ~ 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Seminole County and the City have entered into that certain Agreement for Fire and Emergency Medical Services, effective October 2,2008, whereby Seminole County will provide such services within the municipal limits of Winter Springs; and (' WHEREAS, as a condition to the Agreement, the City agreed to adopt an ordinance to join the County Fire Municipal Services Taxing Unit for purposes of funding fire and medical services under the Agreement; and WHEREAS, the City is authoriz~d to accept such said services by ordinance, pursuant to section 125.01, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by City of Winter Springs Ordinance No. 2008-15 Page 1 of4 reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 7 is hereby amended as follows (underlined type indicates additions and str ikeout type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 7. It is intended that the text in Chapter 7 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 7 FIRE PROTECTION AND PREVENTION ARTICLE I. FIRE DEPARTMENT FIRE AND EMERGENCY MEDICAL SERVICES *** Sec. 7.1. Inclusion in Seminole County's Fire and Emergency Services MSTU. The City of Winter Springs hereby consents to the inclusion of the City of Winter Springs in Seminole Countv's Fire and Emergency Medical Services Municipal Services Taxing Unit ("MSTU"). pursuant to the terms and conditions agreed to between the Citv and Countv in the Agreement for Fire and Emergency Medical Services. effective October 2.2008. as may be amended from time to time. The City further consents to anv ad valorem tax levy on real and tanl!ible personal property within the City of Winter Springs bv Seminole Countv. for the services provided by said MSTU. in an amount not to exceed 3 mills annually. Sec.. 7-1. Olganiz<ltion. The file. dcpmtrncnt of the city shall be. orgarnze.d as preseribed in this article. Se(.. 7-2. Cleation. The fuc department is hereh, cre~ed as a separate. and mrtollOmOtlS mtmicipal department. It shall be the. mission of the fire. department to protect the city and its citize.m nom file. or othc.r l'ltlch emergencies, and to cdtlcate, protect and 5er ve the eiti:z<.ns o[the e0l1111ttlnity. Sec.. 7-3. File chief, anthoIity. (a) The fire e.hicfshall he the administrative head o[the fire dcpartment. (h) The. fue. chief shall have the. authority to enfure.e aU ordinances and regulations o[the city pertaining to the file department. City of Winter Springs Ordinance No. 2008-15 Page 2 of4 Sec. 7-4. Depnty flu chief, anthoIit). (a) The depm, fire. ehiehhall assume. the duties of the. fire. e.hief dming the. absene.e. ofthc fire. cmef. (b) The de.pnty fire chief shall have. the same authority as the fire. e.hief as stated in Section 7-J(b). Sec. 7-5. Depal tment dil ision, delegation of I esponsibility. (a) The. fire. dcpartme.nt shall perform fom (4) major functions. (1) Combat (fire supplession) (2) Pne pre.vcntion (3) Emergcne., rl'ledieal sor viee.s (4) Training (b) The fire marshal shall be. delegated the. le.sponsibility fOl the fire pre.vention division. (e) The c.mcrg,nc.y nledkal 5'1 vices dire.ctor shall be dclegate.d the responsibility for the emergency me.dical ser v iee.s di v isioh. (d) The. training officer shall be. dde.gated the re.spol1sibilit) fOl the ttaining division. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of City of Winter Springs Ordinance No. 2008-15 Page 3 of4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective on October 2, 2008 upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONYA.GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2008-15 Page 4 of 4 --.....