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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-113TR#12414 Page 1 of 3 CITY OF TAMARAC FLORIDA RESOLUTION R-2013- 113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING RESOLUTION NO. 2013-81 TO REMOVE JAMES D. STOKES AS SPECIAL MAGISTRATE FOR LOCAL RED LIGHT CAMERA HEARINGS AND APPOINTING ALEXIA GERTZ TO SERVE AS SPECIAL MAGISTRATE FOR LOCAL RED LIGHT CAMERA HEARINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac adopted Resolution 2013-81 authorizing ALEXIA GERTZ and JAMES STOKES to preside over local red .light camera hearings; and WHEREAS, ALEXIA GERTZ and JAMES STOKES meet the requirements set forth in the City of Tamarac Code to serve as Special Magistrate and to preside over local red light camera hearings; and WHEREAS, on September 11, 2013, Florida's Attorney General issued an opinion, in which she opined that, with regard to red light camera hearings, Magistrates may not work for more than one city simultaneously, due to a concern over the Florida Constitution dual office -holding prohibition; and WHEREAS, the City desires to appoint magistrates in a manner consistent with Florida law; and WHEREAS, James Stokes has contracted with the City of Boynton Beach to serve as its local red light camera Magistrate, and according to the Florida Attorney General, should not simultaneously serve as Tamarac's red light camera Magistrate. WHEREAS, the City seeks to amend Resolution No. 2013-81 to remove James D. Stokes as a Special Magistrate for local red light camera hearings; and TR# 12414 Page 2 of 3 WHEREAS, the City Commission finds the amendment of Resolution No. 2013- 81 to be in the best interests of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. Resolution No. 2013-81 is hereby amended to remove James D. Stokes as a Special Magistrate for local red light camera hearings. The remainder of Resolution No. 2013-81, including the appointment of Alexia Gertz a Special Magistrate for local red light camera hearings, shall remain in full force and effect. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. TR#12414 Page 3 of 3 PASSED AND ADOPTED BY TH CIT COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THIS � DAY OF , 2013. ATTEST: IVA PATRICIA TEUFEL/PMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO F SAM M: MEl�YN CITY ATTORNEY CITY OFTAMARAC BETH TALABISCO`, MAYO t RECORD OF COMMISSION VOTE: MAYOR TALABISCO � DIST 1: COMM. BUSHNE L L41--v DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER No Text