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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-081Temp. Reso. # 12390 August 28, 2013 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2013 - 4 / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC 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 (herein referred to as the "City") has adopted Resolution R-2013-73 (attached hereto as Exhibit "1 ", incorporate within, and made a specific part thereof) authorizing the City's Special Magistrates to preside over local red light camera hearings; and WHEREAS, ALEXIA GERTZ and JAMES STOKES meet the requirements set forth in the City's Code of Ordinances to serve as Special Magistrate and to preside over local red light camera hearings as needed; and WHEREAS, ALEXIA GERTZ and JAMES STOKES do not currently prosecute red light camera violations and do not intend to prosecute such violations in the foreseeable future; and WHEREAS, ALEXIA GERTZ shall immediately cease to serve as a Special Magistrate for the City if she elects to prosecute red light camera violations at any time in the future; and WHEREAS, JAMES STOKES shall immediately cease to serve as a Special Magistrate for the City if he elects to prosecute red light camera violations at any time in the future; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to appoint ALEXIA GERTZ and JAMES STOKES to serve as Special Magistrate. Temp. Reso. #12390 August 28, 2013 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are incorporated by this reference as if fully set forth herein. All exhibits attached. hereto are incorporated herein and made a specific part of this resolution. Section 2: That the City Commission of the City of Tamarac, Florida hereby appoints ALEXIA GERTZ and JAMES STOKES to serve as Special Magistrate and to preside over local red light camera hearings as needed. Section 3: The City Commission hereby authorizes and directs the City's Administrative staff to do all things necessary and expedient to effectuate the intent of this Resolution. Section 4: All resolutions or parts- of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any section, sentence, clause, or phrase of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining portions of this resolution. Section 6: This resolution shall become effective upon its passage and adoption by the City Commission. Temp. Reso. # 12390 August 28, 2013 Page 3 of 3 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA this O?4 ATTEST: PATRICIA TEU CITY CLERK L, CMC day of , 2013. 40, I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: e SAMUELS-GOREN CITY ATTORNEY 5 BETH TALABIS MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNE L DIST 2: COMM. ATKINS-GRA DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER ix I Temp. Reso. #12373 July 10, 2013 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION R-201373 - A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF TAMARAC DESIGNATING THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATES TO SERVE AS LOCAL HEARING OFFICERS PURSUANT TO CHAPTER 2013-160, LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO USE CODE ENFORCEMENT STAFF TO.IMPLEMENT CHAPTER 2013-160, LAWS OF FLORIDA; DIRECTING THE CITY ADMINISTRATION TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIUTY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed CS/CS/HB7125 during the 2013 Legislative Session providing for hearings related to notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code; and WHEREAS, the Governor of the State of Florida signed CS/CS/HB7125 into law on June 12, 2013, resulting in the Chapter 2013-160, Laws of Florida taking effect on July 1, 2013; and WHEREAS, City Ordinance 2013-10 implements and incorporates Chapter 2013-160, Laws of Florida into the City Code; and WHEREAS, the use of a local hearing officers promotes home rule and allows citizens of Tamarac to have a local method of contesting notices of violation for red light camera traffic infractions; and WHEREAS, the City Commission of the City of Tamarac desires to use existing resources, staff, and magistrates to implement Chapter 20-13-160, Laws of Florida. 1 Temp. Reso. #12373 July 10, 2013 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS clauses are hereby ratified and confirmed as being true and correct, and are incorporated herein by this reference. Section 2: The City of Tamarac's Code Enforcement Special Magistrates are designated to serve as Local Hearing Officers, as set forth at Section 4 of Chapter 2013-160, Laws of Florida. Section 3: The City Manager is authorized to use code enforcement staff, as well as other City resources, to implement the authorizations contained in Chapter 2013-160, Laws of Florida and to have the code enforcement magistrate clerk, or such other person designated by the City Manager, to serve as the Clerk to the Local Hearing Officer for purposes of Notice of Violation hearings. Section 4: The City Commission hereby authorizes and directs the City Administration to do all things necessary and expedient to effectuate the intent of this Resolution. Section 5: All resolutions inconsistent or in conflict herewith shall be and are hereby repealed insofar as there is conflict or inconsistency. Section 6: If any section, sentence, clause, or phrase of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining portions of this resolution. Section 7: This resolution shall become effective upon its passage and adoption by the City Commission. K Temp. Reso. #12373 July 10, 2013 Page 3 of 3 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS / Q DAY F O , 2013. CITY OF TAMARAC FLORIDA AIynT: PATRICIA TEUFEVCMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AST 4RM - r A "1 1 PAMUELS.GOREN CITY ATTORNEY 3 BETH TALABISCO, MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNELL ni4eeloo DIST 2: COMM. ATKINSGRADAA1ocv DIST 3: COMM. GLASSER 0664 DIST 4: V/M. DRESSLER - - i,!i"