HomeMy WebLinkAboutItem V (I) Discussion re: Ocoee Historical Commission, Sunshine Law Applicability and Resolution No 96-03 relating to Historical Commission/Sunshine Law Applicability AGENDA 1-16-96
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Item V I 1
Ocoee �. ��v1 VAINUCKUNIrt
O �y e 0 COMMISSIONERS
_ y • CITY OF OCOEE RUSTY JOHNSON
+� J� a SCOTT ANDERSON
v 150 N.LAKESHORE DRIVE SCOTT A.GLASS
0 1: -7 V OCOEE,FLORIDA 34761-2258 JIM GLEASON
'l'J. v ��: (407)656-2322
de4. �� CITY MANAGER
Op GOOD ELLIS SHAPIRO
MEMORANDUM
DATE: January 12, 1996
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Directo��
Administrative Services
SUBJECT: Ocoee Historical Commission, Sunshine Law Applicability
Resolution 96-03
The City Attorney opined on December 27, 1995, concerning the Ocoee Historical
Commission, Inc. as to its standing and the resulting applicability of the Sunshine Law. This
was presented to representatives of the Ocoee Historical Commission, Inc. on December 29,
1995, to be discussed at its January 11, 1996 meeting.
The following recommendations were voted on unanimously by the Ocoee Historical
Commission, Inc. at this January meeting:
1. To repeal Resolution 85-4 thereby affirming the Ocoee Historical Commission, Inc. as an
entity separate and apart from the City of Ocoee and not as an advisory group to the City;
2. To be under the control of the Sunshine Law with regard to actions concerning the
Withers-Maguire House Museum until such time as the Attorney General renders an
opinion as to its status with regard to the Sunshine Law and a second discussion of the
Ocoee Historical Commission, Inc. can occur.
Staff recommends that the City Commission accept these recommendations by taking the
necessary actions.
1. To adopt Resolution 96-03 repealing Resolution 85-4 and authorize the Mayor and City
Clerk to execute;
2. To request an Attorney General's opinion as to the applicability of the Sunshine Law by
first making the changes outlined in the City Attorney's memo;
3. To direct the City Attorney to provide the Ocoee Historical Commission, Inc. the
necessary training for acting in the capacity as curator for the Withers-Maguire House
Museum and for meeting the letter and intent of the Withers-Maguire House Museum
Operation Agreement.
MEB/jbw
RESOLUTION NO. 96-03
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
REPEALING RESOLUTION NO. 85-4 RECOGNIZING THE
OCOEE HISTORICAL COMMISSION, INC. AS AN
OFFICIAL BODY RESPONSIBLE FOR MAKING
RECOMMENDATIONS TO THE CITY COMMISSION FOR
RESTORATION OF THE WITHERS-MAGUIRE HOUSE;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Repeal of Resolution No. 85-4. Resolution No. 85-4 of the City
of Ocoee, Florida is hereby repealed and deleted in its entirety, and upon the effective date of
this Resolution, the Ocoee Historical Commission, Inc. shall cease to be an advisory body of
the City of Ocoee; provided, however, that nothing herein shall amend, modify, terminate or
otherwise affect the provisions of (i) Resolution No. 95-24 which, among other things,
designates and authorizes the operation of the Withers-Maguire House Museum by the Ocoee
Historical Commission, Inc. as the curator, and (ii) the Withers-Maguire House Museum
Operation Agreement between the City of Ocoee and the Ocoee Historical Commission, Inc.,
which, among other things, designates the responsibilities of, and appoints the Ocoee Historical
Commission, Inc. as the curator of the Withers-Maguire House Museum.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1996.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
THE ABOVE DATE UNDER AGENDA
ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1996.
FOLEY & LARDNER
By:
City Attorney
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