2013-013 Designate Certain Subdivisions as Golf Cart CommunitiesRESOLUTION NO. 2013 -013
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: Orchard Park, Prairie Lake, Windstone, Remington Oaks,
Westchester and Saw Mill 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.
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SECTION 5. Effective Date
immediately upon passage and adoption.
This Resolution shall become effective
PASSED AND ADOPTED this �ay of September, 2013.
APPROVED:
ATTEST:
QA ��yJ
Bet Eikenberry '
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
ZA
this jT day of September, 2013.
SHUFFIELD LOWMAN & WILSON, P.A.
By
ey
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
-3-
Attachment "A"
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