HomeMy WebLinkAboutO-11190� 1
J-94-724
8/24/94
I i 11.9 0
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AMENDING ARTICLE
IV OF CHAPTER 40, ENTITLED, "PENSION AND
RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI
FIRE FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST," MORE PARTICULARLY BY
ADDING A NEW SECTION 40-220 AND A NEW
SUBSECTION 40-212(H)(3); CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR EFFECTIVE DATES UPON
ADOPTION AS TO SECTION 40-212(H)(3) AND AN
EFFECTIVE DATE FOR SECTION 40-220 ON
SEPTEMBER 30, 1996.
WHEREAS, the Congress of the United States of America
amended the Omnibus Budget Reconciliation Act of 1993, Section
401(a)(17) of the Internal Revenue Code limiting annual
compensation not to exceed $150,000 for qualified retirement
plans; and
WHEREAS, public sector plans are permitted to grandfather
compensation limits specified as of July 1, 1993 for employees
hired before the plan year on or after January 1, 1996; and
WHEREAS,.to provide the maximum window period for employees,
the effective date of section 40-220 shall be September 30, 1996;
and
WHEREAS, the State Legislature session of 1994 eliminated'
i
the restriction that upon remarriage of a spouse of a member
killed in the line of duty, the spouse shall no longer lose
survivor retirement benefits; and
I 1119 0
WHEREAS, the State Legislature requires that any spouse who
had his or her retirement benefit terminated as a result of
remarriage shall have his or her retirement benefit reinstated by
July 1, 1994; and
WHEREAS, to bring the City Code in conformity with state
law, this amendment shall become effective upon adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 40-212(H) of the Code of the City of
Miami, Florida; as amended, is hereby amended in the following
particulars:l/
"Sec. 40-212. Benefits.
(H) Accidental death benefit.
(3)
i
Notwithstanding any other provision of this
ordinance to the contrary, the surviving spouse
of any member killed in the line of duty shall
not lose survivor retirement benefits if the
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged materials.
111-90
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spouse remarries. The surviving spouse of such
deceased member whose benefit terminated because
of remarriage shall have the benefit reinstated
as of July 1, 1994, at an amount that would have
been payable had such benefit not been
terminated.
Section 3. Section 40-220 of the Code of the City of
Miami, Florida, as amended, is a new section to the City Code and
provides as follows:
"Sec. 40-220.Limitation on Compensation.
Compensation in excess of limitations set forth in
Section 401(a)(17) of the Internal Revenue Code
shall be disregarded. The limitation on
compensation for an "eligible employee" shall not
be less than the amount which was allowed to be
taken into account hereunder as in effect on July
1, 1993. "Eligible employee" is an individual who
was a member before the first plan year beginning j
on or after January 1, 1996."
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 6. This part of the Ordinance amending section
40-212(H)(3) shall become effective thirty (30) days after final'
reading and adoption thereof.
Section 7. This part of the Ordinance adding section
40-220 shall become effective on September 30, 1996.
111-90
-3-
Section 8. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 8th day of
September , 1994.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of October 1994.
AT ST PHEN P. CL RK, MAYOR
VWrTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
rON IRIZA I
ISTANT ITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CITY XTTOR
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11190
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CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM 27
TO : The Honorable Mayor and Members DATE : August 23, 1994 FILE
of the City Commission
FROM :
..
City
RECOMMENDATION
SUBJECT : Pension Ordinance
Amendment
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached
ordinance amending sections of the Code of the City of Miami entitled "Pension
and Retirement Plans, Division 2. City of Miami Fire Fighters' and Police
Officers' Retirement Trust."
BACKGROUND
1. "Grandfathering" of Prior Compensation Limits
The United States Congress amended the Omnibus Budget Reconciliation Act,
Section 401(a)(17) of the Internal Revenue Code limiting annual compensation
for qualified retirement plans to $150,000. Public sector plans, however, are
permitted to "grandfather" compensation limits specified as of July 1, 1993 for
employees hired before the plan year beginning January 1, 1996. To provide
the maximum window period for employees, the effective date of this provision
shall be December 31, 1995.
2. Restoration of Surviving Spouse Benefits
The Florida State Legislature in its 1994 session, established that a surviving
spouse of a pension trust member killed in the line of duty shall not lose survivor
pension benefits upon remarriage, In addition, the surviving spouse of such a
deceased member whose benefit was terminated because of remarriage shall
have the benefit reinstated as of July 1, 1994 at an amount payable had the
benefit not been terminated.
x of r�xxY
MATTY HIRAI
City Clerk
Mill 11114
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December 13, 1994
CESAR H. ODIO
City Manager
Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11184 11188 11189 11190 11191
11192 11196 11199 11200 11201
Also enclosed is Resolution 94-871.
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: (0 aA�-e Qt.t- W
DEPUTY CLER
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 856-1610
fit# of tarot*
MATTY HIRAI c��v % I CESAR H. ODIO
City Clerk F' R City Manager
December 13, 1994
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11184 11188 11189 11190 11191
11192 11196 11199 11200 11201
Also enclosed is Resolution 94-871.
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: `
DEPUTY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250.5360/FAX(305) 858-1610
MATTY HIRAI
City Clerk
Cali of c7f tarat*
op ri CESAR H. ODIO
City Manager
OII t1\I )I\t{ C
,GFro, t
December 13, 1994
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11184 11188 11189 11190 11191
11192 11196 11199 11200 11201
Also enclosed is Resolution 94-871.
If I can be of any further assistance, please do not hesitate to
call.
Very truly ours,
Valerie Gree wood
Deputy Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
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'A
CITY Off' MIAMI9 FLORIDA
LEGAL NOTICE
All interested persons will take notice that on the 271h day of October,
1994, the City Commission of Miami, Florida, adopted the following titled
ordinances:
ORDINANCE NO.11183
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11088,,
ADOPTED SEPTEMBER 7, 1993 ;WHEREBY A NEW, SPECIAL
MIAMi REVENUE FLIND ENTITLED `MIAMI HISPANIC MEDIA CONFERENCE'
Publl WAS ESTABLISHED AND INITIAL RESOURCES APPROPRIATED,
,THEREBY, INCREASING' SAID APPROPRIATIONS TO SAID FUND
ORDINANCE NO.11189
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY PROVIDING
THAT THOSE PERSONS OWNING REAL PROPERTY IN THE CITY OF
MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON THE DOWNTOWN
DEVELOPMENT AUTHORITY, THE WATERFRONT ADVISORY
BOARD, THE .BAYFRONT PARK MANAGEMENT TRUST, THE
NUISANCE ABATEMENT BOARD; THE STREET CODESIGNATION
REVIEW COMMITTEE, THE COCONUT GROVE STANDING FESTIVAL
COMMITTEE AND THE LATIN QUARTER REVIEW BOARD; MORE.
PARTICULARLY, BY AMENDING SECTIONS 14-27(a), 29.63(0, 38-
73(a)(1), 45.6.2(a)(1), 64-95(b)(6), 54.172(c) AND 62-78(b)(4) OF THE
CiTY CODE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
THE AMOUNTOF $100,000; CONTAINING A REPEALER PROVISION ORDINANCE WA » W_ '
STATE OF FL ' AND A SEVERABILITY CLAUSE. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI;
COUNTY OF FLORIDA, AS AMENDED, AMENDING ARTICLE IV OF CHAPTER 40, "
Before the ORDINANCE N0:11184 ENTITLED, 'PENSION AND RETIREMENT PLANS, VVISION 2; CITY
Octelma V. OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT
Supervisor, AN EMERGENCY ORDINANCE AMENDING CHAPTER 22, ENTITLED TRUST; MORE PARTICULARLY BY ADDING A NEW'SECTTON'40.220
Review f/Wa 'GARBAGE AND :TRASH,' OF THE CODE OF THE. CITY OF MIAMI, AND A NEW SUBSECTION 40.212(H)(3); CONTAINING'A REPEALER
and Legal Ho FLORIDA, AS' AMENDED' BY PROVIDING FOR ELIMINATION OF PROVISION, ' A SEVERABILITY CLAUSE, AND, PROVIDING FOR;
County, Flori COMMERCIA.L.'SOLID.WASTE COLLECTION BY THE CITY OF MIAMI, EFFECTIVE DATES UPON ADOPTION AS TO. SECTION 40-212(H)(3)'.'
being a Legal REDEFINING RESIDENTIAL' UNITS TO INCLUDE TRIPLEX AND AND AN EFFECTIVE DATE FOR SECTION 40-220 ON SEPTEMBER 30,
QUADRUPLEX RESIDENCES, AND INCREASING THE REGULATORY. 1995
PERMIT[,.FE OF NTiTIES ENGAGED IN COMMERCIAL: SOLID
CITY VyASTE C ECTid t AND DISPOSAL FROM ANY STREET, PUBLIC ORDINANCE NO 11191
AdHTS-`OF WAY OR PROPERTY IN THE CITY, OVER A THREE-YEAR AN ORDINANCE AMENDING ARTICLE IV.O�CHAPTER'40 OF T�iE;
ORDIN PERIOD-, MORE PARTICULARLY BY AMENDING SECTIONS 22-1, 22-2, CODE OF THE CITY OF MIAMI, FLORIDA, AS'AMENDED,'ENTITLED•
22<12, 22-18, 22-23, 2224, 22-26,'22-30, AND 22.32 OF THE CITY PENSION AND RETIREMENT PLANS, DIVISION III, ..MORE
CODE,, .CONTAINING A REPEALER PROVISION, A SEVERABILITY PARTICULARLY AMENDING'.. SECTIONS 40.260 ,AND 40-265;, ,
In the... , CONTAINING A REPEALER AND ' A SEVERABILITY,_:.
TY, CLAUSE; AND PROVISION FOR AN EFFECTIVE DATE. R PROVISION
was published ORDINANCE N0.11186 CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
NOV 7 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, 4, 5, ORDINANCE N0.11182
AND 8 OF ORDINANCE: NO.' 11090, :THE ANNUAL APPROPRIATIONS AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,.
ORDINANCE; ADOPTED SEPTEMBER 27, 1993 FOR FISCAL YEAR FLORIDA. AS AMENDED, AMENDING ARTICLE IV OF CHAPTER 40, '
ENDING
`BEPTEMSER 30 1994, FOR THE PURPOSE OF INCREASING ENTITLED, 'PENSION AND "RETIREMENT' PLANS, .;DIVISION 2. `CITY.
SAID APPROPRIATIONS RELATING.,TO OPERATIONAL REQUIRE or MIAMi GENERAL, EMPLOYEES' AND SANITATION EMPLOYEES':':
Attnh iant fuMENT$AN'D OTHER' BUDGETARY ADJUSTMENTS' REQUIRED FOR RETIREMENT TRUST, MORE, PARTICULARLY -BY ADDING A NEW
Review Is a n THE &64.BUDGET AS MORE PARTICULARLY DESCRIBED HEREIN; SECTION 40>247 CONTAINING A REPEALER PROVISION . AND A ;
County, Florida CONTAINING' A 'REPEALER PROVISION AND -A - SEVERABILITY SEVERABiLITY CLAUSE AND PROVIDING FOR AN. EFFECTIVE. DATE
been continuo
CLAUSE, FOR SECTION 40-247 ON SEPTEMBER 30, 19.
each day (exce
has been enter ORDINANCE NO.11193
office in Miami - • `
one year next p ORDINANCE NO.11186 AN ORDINANCE AMENDING THE FUTURE LAND' USE MAP OF
copy of.adveni AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL. ORDINANCE 10544, AS -AMENDED, THEMIAMI COMPREHENSIVE
neither paid no REVENUE FUND,; ENT ITLED'REFUGEE COMMUNITY STRENGTH- NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED.
any discou Y ENING `PROGR' ' (FY'95)` AN APPROPRIATING FUNDS IN THE AT APPROXIMATELY .3629 NORTHWEST: ,20TH COURT, MIAMI;,
of secur g thl .AMOUNT OF,$238,276 FOR. SAID FUND FROM MONIES RECEIVED BY FLORIDA (MORE PARTICULARLY DESCRIBED'. HEREIN) > BY,
news or. A GRANT.FROM-THE:U.S. DEPARTMENT OF HEALTH AND HUMAN CHANGING THE LAND USE,, DESIGNATION FROM -MULTI -FAMILY
SERVICES, OFFICE OF` REFUGEE RESETTLEMENT; FURTHER MEDIUM DENSITY RESIDENTIAL' TO : GENERAL COMMERCIAL;
AUTHORIZING, THE CITY, MANAGER . TO ACCEPT THE AFORE- MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY
^• ............•••• MENTIONED .GRANT. AWARD AND: EXECUTE THE • NECESSARY
OF THIS. ORDINANCE TO. AFFECTED AGENCIES; CONTAINING A
DOCUMENTS, I A FORM ACCEPTABLE TO THE CITY. ATTORNEY,, REPEALER PROVISION ` AND SEVERABILITY CLAUSE; : AND
TO `,. IMPLEMENT SAID 'GRANT, CONTAINING A REPEALER pROViDiNG,FOR AN EFFECTIVE DATE.
PROVISION AND A SEVERABILITY CLAUSE.
......day of......... ORDINANCE NO.11194
NG THE
NG
S OF ORDINANCE.
AN ORDINANCE. AMENDiNG ORDINANCE 7NO. 11139, ADOPTED NO�110000i AS AMENDNANCE FEDD'TH ZONINGIORDINANCE OCOF`
"""'.
APRIL 14 '1694; THE CAPITAL. IMPROVEMENT APPROPRIATIONS
$ ORDINANCE, BY ESTABLISHING APPROPRIATIONS' FOR A CAPITAL` OF. MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE
(SEAL) IMPROVEMENT:'PROJECT ENTITLED 'ADMINISTRATION BUiLDiNG/-
DISTRICT' REGULATIONS .BY CHANGING _ THE- . ZONING
GROUND FLOOR ENCLOSURE PROJECT NO. 311032, 1N' . E CLASSIFICATION FROM R-3' MULTIFAMILY MEDIUM DENSITY
Octelma V. F4rbe TH RESIDENTIAL TO 0-2 LIBERAL, COMMERCIAL. FO THE PROPERTY:
,� AMOUNT OF $288,300; CONTAINING A REPEALER PROVISION AD A' LOCATED AT 3629 NORTHWEST'20TH. COUR7�MIAMI, FLORIDA
SEVERABILiTY CLAUSE, ; (MORE PARTICULARLY DESCRIBED HEREIN);' AND BY MAKING ALL
Ups ORDINANCE N0.11188 THE. NECESSARY .CHANGES ON PAGE, NO. `19 OF' SAID ZONING
AN ORDINANCE AMENDING ORDINANCE NO, 11130,MHICH ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
C','1' ESTABLISHED THE STANDARDS FOR:CREATION AND REVIEW OF CLAUSE.
ptr COh . BOARDS BY: (1) PROVIDING THAT SAID,, STANDARDS, AS ORDINANCE NO.11196 -
CONTAINED IN ARTICLE'Xlll OF CHAPTER 2 OF THE CODE OF THE AN ORDINANCE AMENDING THE FUTURE„LAND USE MAP OF
CITY OF MIAMI, FLORIDA, AS AMENDED, SHALL NOT APPLY TO CITY ORDINANCE NO, 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
BOARDS WHEN THERE IS A CHARTER PROVISION TO. THE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED
CONTRARY;,(2) PROVIDING THAT THOSE PERSONS OWNING REAL AT 2515 SOUTHWEST 7TH . STREET, MiAMI, FLORIDA ' (MORE
PROPERTY IN THE CITY QF MIAMI ARE ELIGIBLE FOR MEMBERSHIP PARTICULARLY DESCRIBED HEREIN); BY CHANGING THE LAND
ON, CITY BOARDS;,(3) PROVIDiNG,FOR A PROCEDURE'FOR THE. USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO
REMOVAL OF BOARD;MEMBERS WHO HAVE CEASED TO COMPLY RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
WITH THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP OF CITY TRANSMITTAL -OF A COPY OF THIS _ ORDINANCE TO AFFECTED
BOARDS;. (4), PRQVIDING;JHAT THE CITY CLERK SHALL INFORM t AGENCIES; CONTAINING A REPEALER PROVISION AND
THE CITY COMMISSiQN WHENEVER . A'- BOARD . MEMBER HAS :., • SFVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
RESIGNED FROM"A BOARD; .;AND (5):, PROVIDING THAT THE
REQUIREMENT- THAT EACH, NET ADMINISTRATOR •$HALL ;BE A..,.,Said ordinances may be Inspected by the public at thebffice of the City
LIAISON 'TO BOARDS WHICH•OPEEIATE WITHIN ITS GEOGRAPHIC AL' •Clerk,_yT5W . an,American,�Drive, Miami, Florida, Mondayithrough Friday,
AREA OF RESPONSIBILITY DOES NOT PRECLUDE -.THE exciudigg holidays, betwrtori the hours of 9:�.m. and 5 p.rrti
APPOINTMENT AS. LIAISON -OF ANY OTHER PERSON WHICH THE,
CITY COMMISSION{ 013 4HE CITY,'AbMINISTRATION MAY WISH TO }
APPOINT TO SERVE- 1N`-BAiD'CAPACiTY,"MORE PARTICULARLY, BY MATTY. HIRAI
z t . --
AMENDING SECTIONS 2.4;5, 2-4$8, 2.433 AND 2435-OF'THt= CITY+
CODE; CONTAINING A REPEALER. PROVISION AND SEVERABILITY (82242) y , CITY OF MIAMI FLORiDA
CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. 11/7 E 94-4-110734M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
OCtelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Mlemi Daily Business
Review f/Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11190
Inthe ....................... XXXX '....................... .
' """"""' Court,
was published in said newsp
aper in the Issues of
Nov 7, 1994
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office In Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
COPY of advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discou ebate, commis
of secur g this adverbs u for the purpose
news er. f publt anon in the said
...... .....
Sworn to and subscribed before me this
7 Novembers 94
........day of ...............
.......�... ••..r.......... .....,�....j...., A.D. 19......
....... `r'(�^1' •�•}yam
. .........
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OFl,CIAI, NOTARY s2AL
CHBRYL H MAMIR2
CO'hMI$5A,3N NO. CC191642 1
MY CObtb9t5SION KXP. AP9j