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Home My WebLink AboutItem #09 Resolution to Specifically Designate Certain Subdivision as Golf Cart Communities the ce pter of Good Liv J S Iii Y; AGENDA ITEM COVER SHEET Meeting Date: March 6, 2012 Item # 9 Reviewed By: Contact Name: C. Brown Department Director: C. B ifie Contact Number: X3021 City Manager: R. Frank Subject: Resolution to Specifically Designate Certain Subdivisions as Golf Cart Communities Background Summary: The City has in place an ordinance authorizing the use of golf carts (the "Golf Cart Ordinance ") within certain communities and streets pursuant to the provisions of Article III of Chapter 153 of the Ocoee City Code. The purpose of this Resolution is to specifically designate the following subdivisions as Golf Cart Communities as defined in the Golf Cart Ordinance: Grace Park, Town of Ocoee, Maguire's Subdivision, Municipal Complex Park, Pounds, Marion Park, Hidden Oaks and Admiral Pointe. Public Works will install road signs and a map will be posted on the City's website in order to inform the public of the boundaries. Shuffield Lowman has reviewed this resolution. Issue: Should the Honorable Mayor and Board of City Commissioners approve a resolution to specifically designate certain subdivisions as Golf Cart Communities? Recommendations: It is recommended that the Honorable Mayor and Board of City Commissioners approve a resolution to specifically designate certain subdivisions as Golf Cart Communities. Attachments: Resolution Financial Impact: Up to approximately 70 signs at $100 each ($7000 total). There is approx $1000 remaining in the FY2011/2012 budget for golf cart signs. Additional monies will need to be approved. Type of Item: (please mark with an "x ") Public Hearing For Cleric's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing x Resolution ,,, Regular Agenda Commission Approval Discussion & Direction x Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney R. Drage 2 -27 -12 N/A Reviewed by Finance Dept. ) N/A Reviewed by () N/A RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE USE OF GOLF CARTS WITHIN CERTAIN COMMUNITIES AND STREETS MEETING THRESHOLD SAFETY REQUIREMENTS UNDER STATE AND MUNICIPAL LAW; DESIGNATED BY RESOLUTION; ADOPTED BY THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has in place an ordinance authorizing the use of golf carts (the "Golf Cart Ordinance ") within certain communities and streets pursuant to the provisions of Article III of Chapter 153 of the Ocoee City Code, said Article being referred to as "Streets and Sidewalks "; and WHEREAS, the City desires to authorize the operation of golf carts within certain communities and streets meeting certain threshold requirement under State and Municipal law; and WHEREAS, to protect the health, safety, and welfare of its citizens, the City desires to prohibit the operation of golf carts along roads and thoroughfares incompatible with such operation and regulate the manner and times of the operation of golf carts upon streets subject to City jurisdiction where such operation is authorized; and WHEREAS, pursuant to Article VIII of the Constitution and the State of Florida, Chapter 166, Florida Statutes, and Section 316.212, Florida Statutes, the City is authorized to adopt this Resolution. NOW, THEREFORE, 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 Chapters 166 and 316, Florida Statutes. SECTION 2. Purpose. The purpose of this Resolution is to specifically designate the following subdivisions as Golf Cart Communities ( "Golf Cart Communities ") as defined in the Golf Cart Ordinance: Grace Park, Town of Ocoee, Maguire's Subdivision, Municipal Complex Park, Pounds, Marion Park, Hidden Oaks and Admiral Point and as more fully depicted in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. Implementation. A. The City Commission hereby authorizes the operation of golf carts within the Golf Cart Communities based upon its determination that these communities meet the threshold requirements as provided in Section 316.212, Florida Statutes and under related State and Municipal laws. B. The City Manager and Chief of Police are hereby authorized to take such further action as they may deem necessary or desirable in order to implement and enforce the provisions of the Ocoee Golf Cart Ordinance and the provisions of this Resolution. Said action shall include the placement of the requisite signage with the Golf Cart Communities as provided in the Golf Cart Ordinance. SECTION 4. 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. -2- SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of March 2012. 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 March, 2012. 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