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HomeMy Public PortalAbout10-8148 Agreement with the Office of the State Attorney Sponsored by: City Manager RESOLUTION NO. 10-8148 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA, PAYABLE FROM ACCOUNT NUMBER 19-519493; PROVIDING FOR INCORPORATIONS OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 27.02, Florida Statutes, authorizes the Office of the State Attorney to prosecute municipal ordinance/violations; and WHEREAS, pursuant to the agreement attached hereto, Office of the State Attorney will prosecute violations of the City of Opa-locka ("City") Code of Ordinances, as authorized by Sections 27.02(1) and 27.34(1), Florida Statutes; and WHEREAS, the City will be required to remit to the State of Florida, certain costs associated with the prosecution of criminal violations of the City of Opa-locka Code of Ordinances; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to enter into and execute an agreement with the Office of the State Attorney for prosecution of certain criminal violations of the City's Code of Ordinances, in substantially the form attached hereto: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 10-8148 Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute an agreement with the State Attorney for the Eleventh Judicial Circuit of Florida, in substantially the form attached hereto, for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances, payable from account number 19- 519493. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27`h day of October, 2010. JOSEPH L. KEL EY MAYOR Attest: Approved : t0 form and legal sufficiency: if Deborah S. Ir I y Josph S. eller City Clerk City Att ey I Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Johnson: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1832516 vl O gyp. A 9 F. a O92' A.p ORATE Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson M4issioner` w Rose Tydus FROM: Clarance a on,City Manager DATE: October 20, 2010 RE: Office of the State Attorney Agreement Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AGREEMENT ACCEPTABLE TO THE CITY COMMISSION WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA PAYABLE FROM ACCOUNT NUMBER 19-519493. Description: Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution provides that the State Attorney may prosecute municipal ordinances only if(1) the ordinance violation is ancillary to a felony prosecution (s.27.02(1)), Florida Statutes), or (2) the county/municipality has entered into a contract with the State Attorney for prosecutions (s.27.34(1),Florida Statutes. This resolution addresses item(2). Account Number: 19-519493, General Government Financial Impact: Estimated$16.67 per case. Implementation Time Line: Upon approval of resolution. Legislative History: Resolution#09-7963 1 Recommendation(s): City Commission Approval Analysis: None Attachments: 1)Resolution#09-7963 2)Agreement, October 1, 2010—September 30, 2011 Prepared by: Kathy Phillips,Executive Secretary End of Memorandum 2