HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-089 Temp. Reso. # 13327
August 9, 2019
Page l of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019- w
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC APPOINTING AVA-GAYE M. HUE 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 has adopted Resolution 2013-73 authorizing the City's
Special Magistrates to preside over local red light camera hearings; and
WHEREAS, Ava-Gaye M. Hue meets the requirements set forth in the City of Tamarac
Code to serve as Special Magistrate and to preside over local red light camera hearings as needed;
and
WHEREAS, Ava-Gaye M. Hue does not currently prosecute red light camera violations
and does not intend to prosecute such violations in the foreseeable future; and
WHEREAS, Ava-Gaye M. Hue shall immediately cease to serve as a Special Magistrate
for the City of Tamarac if she elects to prosecute red light camera violations at any time in the
future; and
WHEREAS,it is the recommendation of the Director of Financial Services that Ava-Gaye
M. Hue be appointed to serve as a Special Magistrate for Local Red Light Camera Hearings for
the City of Tamarac; 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 Ava-Gaye M. Hue to
serve as Special Magistrate for Local Red Light Camera Hearings.
{00281899.1 2704-0501640)
Temp. Reso. # 13327
August 9, 2019
Page 2 of 3
NOW, THEREFORE,BE FT 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 made a specific part of this Resolution upon adoption hereof.
Section 2: That the City Commission of the City of Tamarac,Florida hereby appoints Ava-
Gaye M. Hue to serve as a Special Magistrate for Local Red Light Camera Hearings.
Section 3: All resolutions inconsistent or in conflict herewith shall be and are hereby
repealed insofar as there is conflict or inconsistency.
Section 4: 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 5: This resolution shall become effective upon its passage and adoption by the City
Commission.
[1 he remainder of this page intentionally left blank]
{002818 99.1 2704-0501640}
Temp. Reso. # 13327
August 9, 2019
Page 3 of 3
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, THIS 1" DAY OF A,9ii..rd . ,2019.
CITY OF TAMARAC FLORIDA
/17 ,,././Ldi//f(-7/4-1
MIC ELLE J. GOMEZ, AYOR
ATTEST:
16) PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: VIM. PLACKO 1.izn
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
S L S. GOREN
CITY ATTORNEY
100281899.1 2704-0501640}
AGREEMENT FOR SPECIAL MAGISTRATE SERVICES
THIS AGREEMENT,made and entered into between:
CITY OF TAMARAC,a Florida municipal corporation,having the
address, 7525 NW 88th Ave, Tamarac, FL 33321 (hereinafter
referred to as"CITY"),
AND
Ava-Gaye M. Hue, a sole practitioner having the business address
555 NW 98 Avenue, Plantation, FL 33324 (hereinafter referred to
as"SPECIAL MAGISTRATE").
WITNESSETH:
WHEREAS, the City of Tamarac ("City") has home rule authority pursuant to Article
VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for
enforcement of violations of the City's Code of Ordinances and other violations of law through
the use of Special Magistrates;and,
WHEREAS, in 2010, the City Commission adopted Ordinance No. 2010-16, which
authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red
light violations within the City;and,
WHEREAS, In 2010,the Florida Legislature adopted the"Mark Wandall Traffic Safety
Program," §316.0083, Florida Statutes (the "State Act"), which, among other things, expressly
preempted to the State the subject matter of using unmanned cameras/monitoring devices,
referred to as traffic infraction detectors,in the State Act as defined therein,to enforce violations
of red light indications on traffic control devices as of July 1,2010;and,
WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed
legislation, Chapter 2013-160, Laws of Florida, which provides for municipalities to conduct
local hearings for persons that receive Notices of Violation (NOV) and request a hearing to
contest such NOV;and,
WHEREAS, at its meeting of June 26, 2013, the City Commission adopted Ordinance
2013-10 to conform the City's red light camera program to the new State Act;and
WHEREAS, at its meeting of June 26, 2013, the City Commission, pursuant to
Ordinance 2013-10 authorized the City Administration to take all steps necessary to implement
the red light camera Notice of Violation hearings required by state law, including the hiring of
Special Magistrates;and
WHEREAS, Ava-Gaye M. Hue (hereinafter referred to as the "SPECIAL
MAGISTRATE")is qualified to serve as a Special Magistrate;and
WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of
Tamarac;and
WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II,
Section 5(a)of the Florida Constitution;and
WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the
City Commission of CITY;and
WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in
order to set out the terms and conditions of employment related to this appointment;
NOW THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth,CITY and Ava-Gaye M.Hue,agree as follows:
Section 1. Recitals. The recitals and findings set forth above are hereby adopted by
reference and incorporated herein as if fully set forth in this section.
Section 2. Services.
A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by
adjudicating red light camera cases that may be assigned to SPECIAL
MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings
shall be established by the CITY and may be amended from time to time.
SPECIAL MAGISTRATE understands that Special Magistrates will be utilized
for hearings on a rotational basis.
SPECIAL MAGISTRATE is authorized to hear any and all red light camera
matters as specified by Florida law and authorized by the City Code.
B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a
written order,which shall include findings of fact and conclusions of law,shall be
promptly prepared and executed by SPECIAL MAGISTRATE, either
electronically or manually, in the manner specified by the CITY and in
compliance with State law. The CITY shall be responsible for furnishing a copy
of the order to the applicable parties.
C. SPECIAL MAGISTRATE is an independent contractor under this Agreement.
Services provided by SPECIAL MAGISTRATE shall not be as an officer or an
employee of the CITY.
D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar
engaged in the private practice of law.
E. SPECIAL MAGISTRATE has no existing client relationship which would pose
a conflict of interest to her service as a Special Magistrate for CITY. SPECIAL
MAGISTRATE does not currently prosecute red light camera violations in any
form and does not intend to prosecute such violations in the foreseeable future.
Should SPECIAL MAGISTRATE commence prosecution of red light camera
violation cases,SPECIAL MAGISTRATE shall not be permitted to adjudicate the
CITY'S red light camera cases, and this agreement shall terminate immediately
without any further action required by the CITY.
Section 4. Payment.
A. Pursuant to the City's existing rate for payment of its magistrates,CITY agrees
to pay SPECIAL MAGISTRATE One Hundred Twenty-Five Dollars and 00/100
($125.00) per hour or fractional part thereof for time spent by the SPECIAL
MAGISTRATE in preparation and research for special Magistrate hearings, for
attendance at such hearings, and if required, for drafting appropriate orders and
documents which result from such hearings.
B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice
outlining the services provided and time billed as SPECIAL MAGISTRATE
under the conditions set forth in this agreement. Such invoice shall be submitted
to: City of Tamarac,Attention: Accounts Payable, 7525 NW 88th Ave,Tamarac,
FL 33321.
C. Payment shall be made monthly to the SPECIAL MAGISTRATE at:
Ava-Gaye M.Hue
555 NW 98 Avenue
Plantation,FL 33324
Section 5. Term of Agreement.
A. This Agreement shall be effective upon the approval of the City Commission
and shall be effective until terminated by the CITY or as otherwise provided
herein. This Agreement with the SPECIAL MAGISTRATE may be terminated at
any time by the City Commission and without cause.
B. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty
(30)calendar days'written notice to the CITY.
Section 6. Amendments; Assignments.
A. No modification, amendment, or alteration in the terms or conditions of this
Agreement shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement
are personal in nature and may not be assigned or transferred to any other party
without the prior written consent of the CITY.
IN WITNESS WHEREOF,the CITY OF TAMARAC AND SPECIAL MAGISTRATE 0�1\►1 1 1 I I
have made and executed this Agreement on the respective dates under each signature: City, \\\� F TAM,q ��
\ /�i/
signing by and through its City Manager,attested to and duly authorized to execute same by the �` .! 9'90���
City Commission and by the Special Magistrate,Ava-Gaye Hue.
CITY ESTAB��SMED o
1963
0.•
•
ATTEST: C �' 0 A •.'�•1 ,FLO' ri w4, lir_ Isr/ \+\\‘
N
Patricia Teufel,City Clerk Michael C.Cernech,City Manager
APPROVED AS TO FORM:
O CE OF I TORNEY
SP I;ATE
Ava-Gaye M.Hue
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this I LI"' day of
,2019 by Ava-Gaye M.Hue,Esquire.
• /" Notary Public State of Fde •�
Deborah L Tayl. - .bri — V.
r My Commission GG 337811
piNo,wr Expires 05/22/20 0 • 'Y ' C LIC
Personally Known •'
Produced Identification
Type of Identification Produced
{00282109.22704-0501640/ Page 4 of 4