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
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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
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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
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