HomeMy WebLinkAboutResolution 96-26
RESOLUTION NO. 96 - 26
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
REGARDING THE PROSECUTION OF MUNICIPAL ORDINANCE
VIOLATIONS IN COUNTY COURT.
WHEREAS, the Cities of Apopka, Ocoee and Winter Garden are
located in the western part of West Orange County in close geographical
proximity to each other and face common governmental issues; and
WHEREAS, the Cities of Apopka, Ocoee and Winter Garden have
been meeting jointly to discuss and address issues of common
governmental concern; and
WHEREAS, the Cities of Apopka, Ocoee and Winter Garden have
determined that there are public health, safety, and welfare concerns
within their cities which are not adequately addressed by state law and
which can be adequately addressed by their city ordinances; and
WHEREAS, various provisions of the Florida Constitution and
state laws regarding the enforcement and prosecution of city ordinances
mandate, in no uncertain terms, that all prosecutions of city ordinances
shall be in the County Court; and
WHEREAS, representatives of the Cities of Apopka, Ocoee and
Winter Garden have met with the Chief Judge of the Ninth Judicial
Circuit, in and for Orange County Florida, who concurred in the cities'
legal opinion that ordinance prosecutions must be conducted in the
county court
and who informed the cities'
representatives of
Administrative Order Numbers 07-94-40 and 07-94-49 which set forth
procedures for the enforcement of city ordinances in the county court;
and
WHEREAS, the Office of the State Attorney for the Ninth
Judicial Circuit of Florida has informed representatives of the Cities
of Apopka, Ocoee and Winter Garden that their office will not be able to
prosecute municipal ordinance violations due to their current caseload
volume and budget and manpower limitations.
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of
the City of Ocoee, Florida hereby requests the Honorable Fran Carlton,
Clerk of the Courts, and/or her designated representatives, meet with
city representatives to discuss the procedures and fees necessary for
the prosecution of City of Ocoee ordinance violations in the County
Court of the Ninth Judicial Circuit, in and for Orange County, Florida.
PASSED AND ADOPTED this 17~day of September, 1996.
APPROVED:
CITY OF OCOEE, FL.ORIDA
City Clerk
S.
/
..
Vandergrift)
t~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO F~. ~ LEGALITY
this 1:2 day of ~, 1996.
FOLEY ARDNER
6~( ~ ., 4~~[ c
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING
HELD ON THE ABOVE DATE
UNDER AGENDA ITEM NO. -sr::I c....
By:
City Attorney
C:I WP51IDOCSIOCOEIORDVIOLA.RES: 9/17/% I DEBBIEH I PER:dh
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