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HomeMy WebLinkAbout2023-181-2071_-_State_Attorney_Reimbursement_Agreement_-_Adopted.docxRESOLUTION NO. 2023-181-2071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES, NUNC PRO TUNC, TO OCTOBER 1, 2023, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, to maintain and improve the health, safety, and welfare of residents and visitors of the City of Miami Gardens, it is necessary to adequately enforce and prosecute violations of the City of Miami Gardens Code of Ordinances, and WHEREAS, Florida law provides that State Attorney may prosecute municipal ordinances only if the ordinance violation is ancillary to a felony prosecution or if the municipality contracts with the State Attorney for prosecutions punishable by incarceration WHEREAS, the City of Miami Gardens has annually entered into agreements with the Office of the State Attorney since 2004 to prosecute City Ordinances that are punishable by incarceration, and WHEREAS, previous agreements have been renewed on an annual basis beginning on October 1st of each year, and WHEREAS, this Agreement continues the prosecution relationship between the City and the Office of the State Attorney and provides for automatic renewals until terminated by the parties, and WHEREAS, City Attorney Sonja K. Dickens recommends that the City Council authorize the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of Miami Gardens Code of Ordinances, Nunc Pro Tunc, to October 1, 2023, attached hereto as Exhibit “A”, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B Page 2 of 2 Resolution No. 2023-181-2071 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of Miami Gardens Code of Ordinances, Nunc Pro Tunc, to October 1, 2023, attached hereto as Exhibit “A”. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 13, 2023. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: SONJA DICKENS, CITY ATTORNEY Moved by: Vice Mayor Wilson Seconded by: Councilman Leon VOTE: 6-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Yes Councilwoman Ighodaro Absent Councilwoman Julien Yes Councilman Leon Yes Councilwoman Stephens, III Yes DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B