HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-113TR#12414
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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
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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repealed to the extent of such conflict.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.
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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
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