HomeMy Public PortalAbout11-10 Peterson Harley-Davidson 1st Reading: June 22, 2011
2°d Reading: July 13, 2011
Public Hearing: July 13, 2011
Adopted: July 13, 2011
Effective Date: July 14, 2011
Sponsored by: Commissioner Holmes
ORDINANCE NO. 11-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO AND EXECUTE AN
AGREEMENT WITH PETERSON HARLEY-DAVIDSON OF
MIAMI, LLC, TO LEASE THREE (3) FLHP ROAD KING
MOTORCYCLES, AT AN ANTICIPATED COST OF $475.00
EACH PER MONTH, WITH A TOTAL COST OF $34,200.00,
FOR A TWENTY-FOUR MONTH PERIOD, TO BE PAID FROM
ACCOUNT NUMBER 22-521649; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, motorcycles are used as a traffic enforcement tool and are essential to law
enforcement agencies; and
WHEREAS, the City Commission desires to improve and better equip the Police
Department of the City of Opa-locka; and
WHEREAS, the 2010-2011 Budget included two (2) motorcycles, but it is now desired
to add a third; and
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, authorizes the City
Manager to enter into and execute an agreement with Peterson Harley-Davidson of Miami, LLC,
to lease three (3) FLHP Road King Motorcycles, at an anticipated cost of $475.00 each per
Ordinance No. 11-10
month, with a total cost of$34,200.00, for a twenty-four month period, to be paid from Account
Number 22-521649.
Section 3 All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance 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 portions of this Ordinance.
Section 5. This Ordinance shall, upon adoption, become effective as specified by the
City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 13th day of July, 2011.
RAT .1 LOR
MA OR
Attest to: Approved as to form and legal sufficiency:
Deborah . Irby J. e.h S.; eller
City Clerk lit Att. ney
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
I<,s.,\
04 +
itty- i,„1,44„,Memorandum
TO: Mayor Myra L.Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Gail Miller
Commissioner Rose Tydus
FROM: Clarence Patterson, City Manager
DATE: June 9,2011
RE: Execute a Lease Agreement with Peterson's Harley-Davidson of Miami,L.L.C.
to lease three Police Motorcycles
Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE AN AGREEMENT WITH
PETERSON' HARLEY-DAVIDSON OF MIAMI, L.L.C. TO LEASE
THREE (3) FLIP ROADKING MOTORCYCLES. TIIOE EXPECTED
COST IS $475.00 EACH FOR A TWENTY FOUR MONTHPERIOD,
TOTALING$34,200.00.
Description: The motorcycles are used as a traffic enforcement tool and are essential to law
enforcement agencies. They are used for conducting radar speed enforcement,
escorts of any type requested, and day to day traffic enforcement.
Financial Impact: This expenditure for two (2) motorcycles was included in 2010-2011
Budget; however the third motorcycle was not.The monies may be taken
from line Item 521649, Operating Expense which as of 05/16/2011
reflects$10,200.00.
)<mulementation Time ILiue: Upon Commission approval and signage of the Lease
Agreement,permission to procure the motorcycles will be initiated
and a time line confirmed.
Legislative History: Sense 2009 the City of Opa-locka has had a two(2)man motorcycle unit.
Recommendation(s): As a result of the Department's continuous efforts to improve and be
better equipped to provide services to the City of Opa-locka it is
recommended that this Agenda Item receive favorable support and
approval from the City Commission.
1
Analysis: By the City execution of the lease the Department will be better able to
provide services to the citizens of the City of Opa-locka.
Memorandum
City Commission
Re: Police Bicycle Unit
March 11,2011
Page 2 of 2
Attachments; Copy of Lease Proposal
2011 Lease Agreement for Harley-Davidson Police Motorcycles
Prepared by: Clancy Huckleberry
End of Memorandum
2
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m The City of Opa-Locka's current lease of two (2) Harley-Davidson FLHP motorcycles is
7) scheduled for renewal in April/May,2011.
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`� Peterson's Harley-Davidson of Miami, L.L.C. proposes to increase your current fleet by
5 three(1),making a total of five(A)motorcycles.The motorcycles will include all
. equipment,i.e.: lights,box,siren,ABS brakes etc.
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Z The lease term is twenty-four(24) months and will be billed monthly as per the pricing
N schedule below.
o Solid Color 5475.00 per month
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d The price includes all tires and maintenance with the exception of clutch replacement and
Ephysical damages. The lessee will pay for parts only on clutch replacements.
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a if you have any questions,please fell free to contact me at 305651-4811 ext 501.
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Ace Armstrong
z General Manager
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' !) Peterson's Harley-Davidson of Miami(North)
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2011 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
This agreement made and entered into between PETERSON'S HARLEY-DAVIDSON OF
MIAMI, L.L.C., designated as the lessor, and City of Opa-Locka, designated as the lessee, made
this day of , 2011 for the purpose of leasing to the Lessee( )_HARLEY-
DAVIDSON Police motorcycles under the following terms and conditions:
1. EQUIPMENT-
2012 HARLEY-DAVIDSON model FLHP ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet.
2. AGREEMENT TERM-
The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
motorcycles and thereafter for a period of twenty-four(24) months. At the end of the Agreement
Term, the City shall have the option of returning the 2012 models and acquiring 2014 models
under the same equipment items and for the same terms and conditions as set forth herein. If
• Lessee decides not to retain the 2012 model motorcycles, they must be returned to Peterson's
Harley-Davidson of Miami,L.L.C. Motorcycles leased under this Agreement are to be used for
police and related activities: off-duty details, funeral escorts and parades only. Any other use
shall require the prior written consent of Lessor.
3. PAYMENT PERIOD-
Lessee shall pay monthly payments in the amount of$475.00 for each motorcycle. Payments
include the cost of equipment, payment of interest, full maintenance and administrative costs less
the residual value of the motorcycle. Monthly rental,per motorcycle,shall be payable by the
Lessee to Lessor on the 5th day of each month during the term of this lease.
1
4. INSURANCE-
At its own expense,the lessee shall carry casualty insurance in the amount of$2,000,000 with
respect to the motorcycle and shall carry Public Liability and Property Damage Insurance
sufficient to protect the actual cash value of the equipment and to protect the Lessor from
Liability in all events. The Lessee shall carry Worker's Compensation covering all its
employees working on, in, or about the motorcycle.
The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
coverage described above as required by the terms and conditions of this agreement. The Lessor
shall be named as additional insured and loss payee.
5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES-
Subject to the provisions and monetary limitations of Section 768.28 (5),Florida Statutes, which
limitations shall be applicable regardless of whether such provisions would otherwise apply, and
to the extent permitted by law, the Lessee shall and does hereby indemnify and save the Lessor
harmless from any and all liability arising out of the leasing, renting, operation, control, use,
delivery and/or return of the Motorcycle including, but not limited to injuries causing personal
injury, property damage and/or death, except for damages resulting from a design fault in the
product, but shall be credited with any amounts received by the Lessee with respect thereto from
liability insurance by the Lessee. The indemnification shall include all costs and expenses
including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting
from and special liability. Nothing contained herein is intended nor shall be construed to waive
Lessee's right and immunities under common law and Section 768.28,Florida Statutes.
6. LIENS-
The Lessee shall not directly or indirectly create, incur,assume,or suffer to exist any mortgage,
pledge, lien,charge, and encumbrance or claim on or with respect to the motorcycle, except with
respect to the respective rights of the Lessor as herein provided. Lessee shall promptly,as its
own expense, take such actions as may be necessary to duly discharge any such mortgage,
2
pledge, lien,charge, encumbrance or claim not excepted above if the same shall arise at any time
due to the Lessee's action or inaction.
7. TAXES AND FEES-
The Lessee shall pay any necessary taxes or fees,including but not limited to Sales and Use Tax,
Excise Tax,Personal Property Tax, assessments,penalties, licenses, fees,registration fees,
freight and transportation charges,permits and any similar charges imposed on the ownership,
possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
that the City of Opa-Locka is tax exempt under Florida Law.
S. CARE AND USE OF EQUIPMENT-
The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard
Preventative maintenance Contract and/or recommendation. All repairs shall be made at
PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI,
FLORIDA 33169. The Lessee, at its own cost and expense,shall ensure delivery of the
Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C., 19400 NW 2ND
AVE,MIAMI, FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the
Service Schedule attached hereto as Exhibit 2.
The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall
use the Motorcycle for Police related activities only, without abuse, and shall not make
modifications,alternations or additions to the Motorcycle (other than normal operating
accessories or controls)without written consent of the Lessor, which shall not be unreasonably
withheld.
The Lessor, shall have the right, during regular business hours to enter upon the premises where
the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest
and the Lessee shall afford them the opportunity to do so.
3
9. DAMAGE OR DETERIORATION OF MOTORCYCLES-
In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or
its employees prior to the end of this agreement, the Lessee will promptly have the Motorcycle
repaired and restored to its original condition and working order. Any damage done to lease
motorcycles during the officers training will be repaired as soon as the training is completed at
Lessee's expense. This includes damage done to engine, transmission, brakes and not just the
paint and body parts. All repairs must be done at the Lessor's repair facility. In case of theft or
total loss of the Motorcycle, the replacement value of the Motorcycle shall be$23,000.00 minus
2%for each month the agreement is in effect
10. SELECTION OR RIDER-
The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper
handling and care is exercised.
11. RIDER RESPONSIBILITY AND PRIVILEGES-
The rider will be responsible for keeping the motorcycle clean and is required to report any
defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to
work provided that it is fully insured at all times by the lessee and the distance is no more than
thirty(30)miles each way.
12. EVENTS OF DEFAULT AND REMEDIES-
Lessee shall be deemed to be in default hereunder upon the happening of any of the following
events of default
A. Lessee shall fail to make any periodic payment,or to pay any other payments required
to be paid hereunder, or
B. Lessee shall fail to keep any such other term, covenant or condition contained herein.
Upon the occurrence of an event of default as specified above, and upon the failure of Lessee to
remedy such event of default with all reasonable dispatch within a period of thirty(30)days,
4
Lessor or its assigns shall have the right,at its option without any demand or notice, to pursue
any of the following remedies:
1) by written notice to Lessee, declare an amount equal to all payments due during the
agreement term to be immediately due and payable as liquidated damages and not as a
penalty, whereupon the same shall become immediately due and payable.
2) re-enter and take possession of the equipment,enforce this agreement or terminate the
agreement, and repossess the equipment and sell or lease the equipment for the account of the
Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling
and for the difference in the purchase price,rental and other amounts paid by the Lessee or
purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and
3) any action at law or in equity as may appear necessary to collect the payments then
due and thereafter to become due, or to enforce performance and observance of any obligation,
agreement or covenant of Lessee under this agreement upon failure to comply with any term,
covenant or condition contained herein.
13. MAINTENANCE AND EQUIPIVIENT-
Lessor shall provide full maintenance and tires for the motorcycle at no cost to the Lessee.
Physical damages and clutch replacement are the exception. The lessee will pay for parts only,
on all clutch replacements/repairs. Lessor shall not supply Lessee with gasoline or radios. All
maintenance shall be done at PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400
NW 2ND AVE,MIAMI, FLORIDA 33169.
14. SUBLEASE OR ASSIGNMENT-
Neither the Lessor, nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may
effect the subleasing of the motorcycle.
5
15. TERMINATION-
This agreement may be terminated by either party for any cause, upon thirty(30) days written
notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the
date of such termination.
16. ENTIRE AGREEMENT;AMENDMENTS-
This Agreement constitutes the entire agreement between Lessor and the Lessee, and all
negotiations and oral understandings are merged herein. No modification, amendment or
alteration in the terms or conditions of this Agreement shall be effective unless contained in a
written document executed with the same formality as this Agreement and signed by each Party.
17. CONSENT TO JURISDICTION-
The Parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this
Agreement shall be in Miami-Dade County, Florida.
18. GOVERNING LAW-
This Agreement shall be construed in accordance with, and governed by, the laws of the State of
Florida.
19. HEADINGS-
Headings are for convenience of reference only and shall not be considered in any interpretation
of this Agreement.
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20. SEVER.ABILITY-
If any provision of this Agreement or the application thereof to any person or situation shall to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
21. WAIVER-
The waiver by either Party of any failure on the part of the other Party to perform in accordance
with any of the terms or conditions of this Agreement shall not be construed as a waiver of any
future or continuing similar or dissimilar failure.
22. COSTS AND ATTORNEY'S FEES-
If either Lessor or Lessee is required to enforce the terms of this Agreement by court proceedings
or otherwise, whether or not formal legal action is required, the prevailing Party shall be entitled
to recover from the other Party all such costs and expenses, including but not limited to costs and
reasonable attorney's fees.
7
In witness whereof, the parties hereto have caused this agreement to be executed as of this
day of , 2011.
Ace Armstrong City Manager
General Manager City of Opa-Locka
Peterson's Harley-Davidson of Miami, LLC
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2ND I SUNDAY,JULY 3,2011 ND MiamiHerald.com I THE MIAMI HERALD
REACH US NEIGHBORHOOD NEWS
EDITORIAL •MIAMI-DADE courage mosquitoes on link online at Cost for the four-part the leader of the Haitian
Joan Chrissos Editor their properties,such as www.miamidade.gov. series is$70 for MOCA Revolution,at noon July 12
305-76.2636 MOSQUITO WOES? P P g J Y
305-376-2635 getting rid of tin cans, members and residents of at the school's North Cam-
jchrissosioMiamlHerald.com CALL 311 •NORTH MIAMI waste tires,buckets,dis- North Miami and$90 for pus,11380 NW 27th Ave.
Editor With the onset of the carded plastic pools or ART CLASSES FOR nonmembers. .The event will include
Tere Figueras Negrete rainy season,the Mosqui- other containers that col- ADULTS Individual classes are a documentary screening
305-376-3556 to Control Division of the lect water. A four-part series on $20 for MOCA members of E alite for All:Toussaint
tfigueras;aM�amiHerald.coin Miami-Dade County Pub- Residents should also life and figure drawing and North Miami resi- Louverture and the Haitian
Reporters lic Works Department has flush bromeliads week! will be held at The Muse- dents and$25 for non- Revolution,followed by a
Miami Gardens:Nadege Charles, P Y. Y
305-376-4566,ncharles@Miami begun inspections and repair leaky pipes and urn of Contemporary Art members.Materials are question-and-answer seg-
Herald.com;Hialeah/Miami Lakes: treatment of mosquito maintain rain gutters. (MOCA)in North Miami not provided. ment and a reception.The
Laura Isensee,dleral com: breeding areas,and will Miami-Dade County for adults who want to To register,call event is free.
IisenseeaMiamMerald.com; g t3' g
additional reporters:Daiana conduct ground and aerial residents experiencing learn how to render the 305-893-6211 or email The documentary is the
Kucawca,954-538-7124, spraying to control adult what the county calls human body in three- rsvp @mocanomi.org. story of Louverture's life
H 57 x Tom,Bea
Hine s 305-36-2 022 et.7192, mosquito populations. "mosquito annoyance" dimensions. •NORTH MIAMI-DADE and leadership of the 1791
bhines4MiamiHerald.com Residential inspections should call 311 from 7 a.m. Classes will be held slave rebellion that led to
EVENT HONORS
Youth Sports Editor are also performed to find to 8 p.m.Monday through Wednesdays in July from 7 the establishment of an
Jose Cassola and eliminate breeding Friday and from 8 a.m.to to 9 p.m.(July 6,13,20,27). HAITIAN HERO independent Haiti.For
305-376-3712 and adult mosquitoes. 5 p.m.Saturday.Residents MOCA Curator of Educa- Miami Dade College information and to RSVP,
jcassolatiMiamiHerald.com The county is also re- can also enter their re- tion Lark Keeler will teach will host a three-part please contact Carlos
School News minding residents of quest for service by click- proportion,movement, event celebrating the life Barrezueta at 305-237-3944
schoolnew• MiamiHerald.com things they can do to dis- ing on the service center texture and shading. of Toussaint Louverture, or cbarrezu @mdc.edu.
OTHER CONTACTS
Advertising Your Mi nii-Dade:30. 350-1222
&ow rrd:954-574-2555
305-376-5301 Troublel tcors.�com
Calendardesk/Ilstings iswaitilu ite Miami H taLr
newscalendauaNiamiHerald.com g
for you in
i .� NOTICE TO THE PUBLIC
CITY OF OPA-LOCKA,FLORIDA
NOTICE IS HEREBY GIVEN that public hearings will be held on Wednesday,July 13,2011 at 7:00 p.m.in the City Commission Chambers,777 Sharazad Boulevard,before the City Commission of the City of Opa-locka
to consider the following items:
PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY COMMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING ORDINANCE 10-23,THE GENERAL FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1,2010
AND ENDING SEPTEMBER 30,2011,ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT"A";PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFUCT AND REPEALER;
PROVIDING FOR SEVERABIUTY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 22,2011).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING ORDINANCE 10-24,THE PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGET FOR THE FISCAL YEAR
COMMENCING OCTOBER 1,2010 AND ENDING SEPTEMBER 30,2011;ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT"A",REFLECTING CHANGES(INCREASES)IN REVENUE SOURCES
AS FOLLOWS:CAPITAL PROJECTS(FUND 320),ONE MILLION SEVEN HUNDRED NINE THOUSAND FOUR HUNDRED AND THIRTY DOLLARS($1,709,430);SPECIAL LAW ENFORCEMENT(FUND 165),TWENTY
FIVE THOUSAND DOLLARS($25,000);CAPITAL IMPROVEMENT DEBT SERVICE(FUND 230),SIX MI WON NINE HUNDRED THIRTY FIVE THOUSAND DOLLARS($6,935,000);PROVIDING FOR INCORPORATION OF
RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABIUTY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 22,2011).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING ORDINANCE 86-8,SECTION 6.11(B)AND 6.12(B)OF THE LAND DEVELOPMENT CODE PROVIDING FOR THE
ADDITION OF WASTE TRANSFER STATION AS A SPECIAL EXCEPTION USE WITHIN THE 1-2 AND 1-3 ZONING DISTRICTS;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND
REPEALER;PROVIDING FOR SEVERABIUTY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 22,2011).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH PETERSON HARLEY-DAVIDSON OF
MIAMI,LLC,TO LEASE THREE(3)FLHP ROAD KING MOTORCYCLES,AT AN ANTICIPATED COST OF$475.00 EACH PER MONTH,WITH A TOTAL COST OF$34,200.00,FOR A TWENTY-FOUR MONTH PERIOD,TO
BE PAID FROM ACCOUNT NUMBER 22-521649;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABIUTY;PROVIDING FOR AN EFFECTIVE
.:,PATE(first reading held on June 22,2011).
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE THE FINAL SITE PLAN FOR THE CONSTRUCTION OF A SNAPPER'S FISH AND CHICKEN RESTAURANT AT THE
CORNER OF VETERAN'S WAY AND TWENTY SECOND(221 AVENUE,FOLIO 08-2122-025-0270;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above items may be obtained in the Office of the City Clerk,780 Flsherman Street,4°i Floor,Opa-locka,Florida,All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing.
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to
ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal may be based.
DEBORAH S.IRBY,CMC
CITY CLERK