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HomeMy WebLinkAboutItem #02 Approval of Resolution Regarding Article III of Chapter 168 AGENDA ITEM COVER SHEET Meeting Date: July 21,2009 Item # 2 Contact Name: Contact Number: C. Brown X 3021 Reviewed By: Department Director: City Manager: /i ~w"---- Subject: Resolution Regarding Article III of Chapter 168 Background Summary: The City Commission of the City of Ocoee previously enacted Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety authorizing cameras to be installed at problem roadway intersections for the purpose of traffic law enforcement. S 168-15 of the Code of Ordinances provides for an introductory period of enforcement until such time as the City Commission adopts a resolution advising the City Manager to commence enforcement of Article III. As a result on July 8, 2009, signage indicating photo enforcement of the traffic lights and cameras were installed at the intersection of SR50 and Maguire Road and only warnings have been mailed to violators. The City Commission of the City of Ocoee desires to direct the City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety at 12:00 am on July 23,2009. This resolution mandates fines of$125.00 to be assessed with the notices of violation. Issue: Should the Honorable Mayor and Board of City Commissioners direct the City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety at 12:00 am on July 23, 2009? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners direct the City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety at 12:00 am on July 23,2009. Attachments: Resolution Financial Impact: $125.00 per violation minus administrative costs Type of Item: (please mark with an "x'J Public Hearing _ Ordinance First Reading _ Ordinance Second Reading x Resolution _ Commission Approval Discussion & Direction For Clerk's Deof Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 Paul Rosenthal N/A N/A N/A Citv Manag-er Robert Frank lJjl&'~ QC~)J~ Commissioners Gary Hood. District 1 Rosemary Wilsen. District 2 Rusty Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vanderg-rift STAFF REPORT FROM: The Honorable Mayor and City Commissioners Charles J. ~, Chief of Police July 14, 200;J TO: DATE: RE: Resolution Regarding Article III of Chapter 168 ISSUE Should the Honorable Mayor and Board of City Commissioners approve the City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety at 12:00 am on July 23, 2009? BACKGROUNDIDISCUSSION The City Commission of the City of Ocoee previously enacted Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety authorizing cameras to be installed at problem roadway intersections for the purpose of traffic law enforcement. S 168-15 of the Code of Ordinances provides for an introductory period of enforcement until such time as the City Commission adopts a resolution advising the City Manager to commence enforcement of Article III. As a result on July 8, 2009, signage indicating photo enforcement of the traffic lights and cameras were installed at the intersection of SR50 and Maguire Road and only warnings have been mailed to violators. The City Commission of the City of Ocoee desires to direct the City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety at 12:00 am on July 23,2009. This resolution mandates fines of$125.00 to be assessed with the notices of violation. Foley and Lardner composed and reviewed this resolution. This resolution shall become effective upon passage and adoption. 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ADVISING THE CITY MANAGER TO COMMENCE ENFORCEMENT OF ARTICLE III OF CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING TRAFFIC LIGHT SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee previously enacted Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety; and WHEREAS, S 168-15 of the Code of Ordinances provides for an introductory period of enforcement until such time as the City Commission adopts a resolution advising the City Manager to commence enforcement of Article III; and WHEREAS, the City Commission of the City ofOcoee desires to direct the City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City ofOcoee 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. Commencement of Enforcement. The City Commission of the City of Ocoee, Florida, hereby directs the City Manager to commence enforcement of ORLA_1388952.1 Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee regarding traffic light safety at 12:00 am on July 23, 2009. 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 upon passage and adoption. PASSED AND ADOPTED this _ day of ,2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION 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 , 2009. FOLEY & LARDNER LLP ORLA_1388952.1 -2- By: City Attorney