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HomeMy WebLinkAboutCity of Tamarac Resolution (55)Temp Reso #9568 February 15, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A MEMORANDUM OF AGREEMENT WITH INTERNATIONAL BULLION AND METAL BROKERS, INC., A NEW YORK CORPORATION, WITH RESPECT TO THE FINANCING OF THE CONSTRUCTION AND EQUIPPING OF A MANUFACTURING PROJECT IN THE CITY OF TAMARAC, FLORIDA; PROVIDING FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS OF THE CITY OF TAMARAC, FLORIDA, IN AN ORIGINAL PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF PAYING ALL OR ANY PART OF THE COST OF THE PROJECT; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Florida Industrial Development Financing Act, Chapter 159, Part II, Florida Statutes, as amended and other applicable provisions of law (the "Act"). SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. The City of Tamarac, Florida (the "Issuer") is authorized and empowered by the Act to provide for the issuance of and to issue and sell its revenue bonds for the purpose of paying all or any part of the cost of any "project", as that term is defined in the Act. B. International Bullion and Metal Brokers, Inc., a New York corporation, organized, existing and in good standing under the laws of the State of New York and Temp Reso #9568 February 15, 2002 authorized to do business in the State of Florida (the "Company"), has informed the Issuer of its intent to acquire land, construct and make certain improvements, which improvements include constructing an approximately 80,500 square foot building, and related parking and site improvements, and acquiring certain equipment for the manufacture of jewelry and related products at Westpointe Center (on the northwest corner of Hiatus Road and Commercial Boulevard) within the municipal boundaries of the Issuer (the "Project"), and has made application to the Issuer to finance such Project through the issuance of revenue bonds. C. The Company has requested the Issuer to exercise its powers to issue revenue bonds, pursuant to the Act, for the purpose of financing the Project. D. In order to promote development and the economic growth within the municipal boundaries of the Issuer and the industrial economy of the State of Florida, to increase opportunities for gainful employment, to advance and improve the economic prosperity and the general welfare of the State and its people, and to facilitate the development of a commercial manufacturing project, it is desirable that the Issuer provide for the issuance and sale of its Industrial Development Revenue Bonds (International Bullion and Metal Brokers, Inc. Project), Series 2002, in the aggregate amount of not to exceed $6,000,000 (the 'Bonds") and that the Issuer use the proceeds thereof to pay any "cost" (as defined in the Act) of the Project. E. The Issuer is willing to finance the Project for the Company from proceeds of the sale of its revenue bonds, and loan the proceeds to the Company, such loan to be payable by the Company in installments, guaranteed by the Company, sufficient to pay the principal of, premium (if any), interest and other costs due on such revenue bonds when and as the same become due. Temp Reso #9568 February 15, 2002 F. The Project will be a "Project" within the meaning of Section 159.27(5) of the Act in that, without limiting the generality of the foregoing, the Project is a "manufacturing plant." The Company has represented that the Project will enable the employment of approximately 120-150 workers. The Project will be developed and owned by the Company. G. The Project will make a significant contribution to the economic growth within the municipal boundaries of the Issuer and the area in which it is located, will provide gainful employment and will serve a public purpose by advancing the economic prosperity and the general welfare of the State of Florida and its people. H. The Issuer finds that it will be able to cope satisfactorily with the impact of the Project and is able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that will be necessary for the construction, operation, repair and maintenance for the Project and on account of any increase in population or other circumstances resulting therefrom. I. It is believed essential by the Company that the acquisition and construction of the Project commence at the earliest practical date, and the Company is unwilling to make commitments therefore without satisfactory assurances from the Issuer that, upon satisfaction of all requirement of law, and other conditions to be met by the Company, the revenue bonds will be issued and sold and the proceeds thereof will be made available to finance the cost of the Project, to the extent of such proceeds. J. It is necessary and desirable and in the best interest of the Issuer that the Issuer and the Company enter into a Memorandum of Agreement (the "Memorandum of Agreement"), providing among other things for the issuance of the Bonds by the Issuer and the sale of the Bonds in $100,000 denominations; for the use and application of the 3 Temp Reso #9568 February 15, 2002 proceeds of the issuance and sale of the Bonds to pay all or any part of the "cost" (as defined in the Act) of the Project, to the extent of such proceeds; and for the loan of the proceeds of the sale of the Bonds by the Issuer to the Company pursuant to a financing agreement requiring the Company to pay the loan in installments sufficient to pay all of the interest, principal, redemption premiums (if any) and other costs due under and pursuant to the Bonds when and as the same become due and payable, to operate, repair and maintain the Project at the Company's own expense, and to pay all other costs incurred by the Issuer in connection with the financing, construction and administration of the Project which are not paid out of the Bond proceeds or otherwise. K. Based in part on a letter of credit to be issued by SunTrust Bank, the Company is financially responsible and fully capable and willing to fulfill its obligations under the proposed financing agreement, including the obligation to make installment payments on the loan for the Project financed with the proceeds of the sale of the bonds in the amount and at the times to be required by the financing agreement; the obligation to operate, repair and maintain such Project at its own expense; and to serve the purpose of the Act and other responsibilities to be imposed under the financing agreement, due consideration having been given to various factors determinative of the financial capability of the Company. L. Neither the Issuer, Broward County, the State of Florida, nor any other political subdivision of said State shall be obligated to pay the principal of, premium, if any, or interest on the Bonds or other costs incident thereto, and all payments required on the Bonds shall be payable solely from the proceeds derived by the Issuer from the Company under a financing agreement, and the Issuer shall never be required to (i) levy ad valorem taxes on any property within its area of operation to pay the principal of and 4 Temp Reso #9568 February 15, 2002 premium, if any, and interest on the Bonds or to make any other payments provided for under any financing agreement, or (ii) pay the same from any funds of the Issuer other than those derived by the Issuer from the Company under any financing agreement; and such Bonds shall not constitute a lien upon any property owned by or situated within the municipal boundaries of the Issuer except the Project and any other property that may be pledged as security therefore by the Company, in the manner provided in any financing agreement. Neither the full faith and credit of the Issuer nor the full faith and credit or taxing power of the State of Florida, Broward County, or any other political subdivision of said State is pledged to the payment of the principal of, premium, if any, or interest on the Bonds or other costs incident thereto, such Bonds are limited special obligations of the Issuer payable solely from the sources identified above. No member or officer of the Issuer will be subject to any personal liability by reason of the issuance of the Bonds. M. The costs to be paid from the proceeds of the Bonds will be "costs of a project" within the meaning of the Act. N. Prior to issuance of the Bonds, the Issuer will receive an opinion from its bond counsel to the effect that the Bonds will be validly issued and that the interest on the Bonds will, under existing laws of the United States, be excluded from gross income of the holders for federal income tax purposes. O. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires as a condition of exclusion from gross income for federal income tax purposes of the interest on private activity bonds, that the issuance of private activity bonds, as defined in Section 141(a) of the Code, such as the Bonds, in a principal amount not to exceed $6,000,000 be approved, after a public hearing following reasonable public notice, by the governmental unit on behalf of which such obligation is to be issued and the 5 Temp Reso #9568 February 15, 2002 governmental unit having jurisdiction over the area in which the private activity bond -financed facility is to be located. The Issuer has authorized, properly noticed and held a public hearing as required by law prior to adopting this resolution. Proof of publication of such notice is attached hereto as Exhibit B, which is incorporated herein by reference. SECTION 3. AUTHORIZATION OF EXECUTION AND DELIVERY OF MEMORANDUM OF AGREEMENT. A. The Mayor or the Vice -Mayor of the Issuer shall be and are hereby authorized and directed to execute the Memorandum of Agreement in substantially the form attached hereto as Exhibit A, which is incorporated herein by reference, together with such changes therein, whether made prior to or after adoption of this Resolution, as shall be approved from time to time by the officers executing the same on behalf of the City, such approval to be conclusively evidenced by their execution of the Memorandum of Agreement. B. Execution of the Memorandum of Agreement shall be in the name of and on behalf of the Issuer, and the City Clerk is hereby authorized and directed to attest the same, and to deliver the Memorandum of Agreement to the Company. C. Such officers and all other proper officers, Commissioners, directors, agents and employees of the Issuer are hereby authorized, empowered and directed to execute and deliver such further agreements, instruments and documents and to take such further action as may be necessary and desirable to effectuate and carry out the intent and purposes of the Memorandum of Agreement, when executed and delivered by the Issuer, 1 0 Temp Reso #9568 February 15, 2002 and are further authorized to take such other steps and actions as may be required and necessary in order to issue such Bonds. SECTION 4. APPROVAL OF ISSUANCE. The issuance of the City of Tamarac, Florida Industrial Development Revenue Bonds (International Bullion and Metal Brokers, Inc. Project), Series 2002, in the aggregate amount not to exceed $6,000,000, for the purpose of providing financing for the construction and equipping of a jewelry manufacturing facility and related facilities, all of which will be owned and operated by International Bullion and Metal Brokers, Inc., and located in WestPointe Center on the northwest corner of Hiatus Road and Commercial Boulevard, Tamarac, Florida, is hereby approved pursuant to and in accordance with Section 147(f) of the Code and the Act. SECTION 5. AUTHORIZATION TO MAKE APPLICATION. The Director of Finance or bond counsel acting on behalf of the Issuer, is hereby authorized to apply to the Division of Bond Finance of the State of Florida for an allotment of Florida's volume cap for private activity bonds in an amount not to exceed $6,000,000. SECTION 6. EFFECT OF RESOLUTION. This Resolution is an "initial resolution" and is the Issuer's declaration of "official intent" within the meaning of the Act and official action toward issuance of the Bonds for purposes of Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, including, but not limited to Section 1.103-18, as amended. SECTION 7. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed. SECTION 8. SEVERABILITY. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or applications of this Resolution. 7 Temp Reso #9568 February 15, 2002 SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED, ADOPTED, AND APPROVED this 27th day of February, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have ap r ve this RESO U 101 as toArm. ITCHELL S. KRAFT CITY ATTORNEY la-c e&�- 2 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A-M DIST 1: COMM. PORTNER Avg DIST 2: COMM. MISHKIN A ei DIST 3: V/M .ULTANOF_Avel OtSf4— COMM. ROBERTS Aye, 1 C 0 MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT, dated as of this 271h day of February, 2002, between the CITY OF TAMARAC, FLORIDA, a municipal corporation duly created and existing under and by virtue of the laws of the State of Florida (the "Issuer" or the "City") and INTERNATIONAL BULLION AND METAL BROKERS, INC., a New York corporation duly organized and existing under the laws of the State of New York and authorized to do business in the State of Florida (the "Company"). SECTION 1. The matters of mutual inducement and reliance which resulted in the execution of this Memorandum of Agreement are as follows: (a) The Issuer is a local agency under the provisions of Chapter 159, Part II, Florida Statutes, as amended (the "Act"), to provide for the issuance of and to issue and sell its Industrial Development Revenue Bonds for the purpose of paying all or any part of the cost of any "project" as defined in the Act. (b) In order to improve the economic base of the City and the industrial economy in the State of Florida (the "State"), to promote the economic growth of the City and the State, to increase purchasing power and opportunities for gainful employment, and to advance and improve the economic prosperity and the general welfare of the State and its people, it is desirable that the Issuer issue and sell its Industrial Development Revenue Bonds (International Bullion and Metal Brokers, Inc. Project), Series 2002, in the aggregate principal amount of not to exceed $6,000,000 (the "Bonds"). (c) The Issuer intends to use the proceeds thereof, to the extent of such proceeds, as follows: (i) to pay all or any part of the cost of issuance of the Bonds, (ii) to pay all or any part of the cost of acquiring lands, constructing improvements thereon and developing and equipping of a manufacturing facility and facilities directly related or ancillary thereto, (iii) to pay all or any part of the cost of certain appurtenances and facilities incidental thereto, and other improvements necessary and convenient therefore (the land, improvements to be acquired and developed, such appurtenances and facilities incidental thereto, being referred to herein, collectively, as the "Project"), and (iv) to pay any other "cost" (as defined in the Act) of the Project. (d) The Issuer intends to finance the Project for the Company from proceeds of the sale of its Bonds, such loan to be payable by the Company in installments sufficient to pay the principal of, premium (if any), interest and costs due on the Bonds when and as the same become due. (e) The Company has requested that the Issuer enter into this Memorandum of Agreement for the purpose of declaring the Issuer's intention to provide financing to pay all or a portion of the cost of the Project. (f) The Issuer, by resolution duly passed and adopted, has made certain findings and determinations and has approved and authorized the execution and delivery of this Memorandum of Agreement. No Text (g) The Company represents that Bond proceeds will not be used to finance any costs for the Project incurred prior to the date of this Memorandum of Agreement, except to the extent allowed by federal tax law. SECTION 2. The Issuer will cooperate with the Company and its agents in the Company's efforts to find one or more institutional purchasers for the Bonds, and if purchase arrangements satisfactory to the Company can be made by the Company and its agents, the Issuer will authorize the issuance and sale of the Bonds, and will issue and sell the Bonds to such purchaser or purchasers of the Bonds as may be designated by the Company all upon such terms and conditions as shall be approved by the Company and authorized by law; provided, however, the Issuer will approve the sale of the Bonds solely to accredited investors which will at no time cause the Bonds to be offered for sale to the public. The Bonds will be credit enhanced through the issuance of a letter of credit from SunTrust Bank, and will not constitute a debt, liability or obligation of the Issuer, Broward County, or of the State or of any other political subdivision thereof. The Issuer shall not be obligated to pay the same nor interest, premium (if any) or costs thereon except from the revenues and proceeds pledged therefore, and neither the faith and credit nor the taxing power of the Issuer or of the State or of any other political subdivision thereof will be pledged to the payment of the principal of, premium (if any), interest or costs due pursuant to or under such Bonds. From the date hereof, until the sale of the Bonds, the Company will, within ten (10) days after its occurrence, notify the Issuer of any material change, whether or not adverse, in the business, operations or financial condition of the Company. In the event the Issuer shall, at any time prior to the sale of the Bonds, determine in its sole discretion that there has been a material adverse change in the business, operations or financial condition based upon financial statements or notices provided by the Company in accordance herewith, the obligation of the Issuer to issue and sell the Bonds shall, at the option of the Issuer, be terminated. SECTION 3. The Issuer will, at the proper time, and subject in all respects to the prior advice, consent and approval of the Company, submit applications, adopt such proceedings and authorize the execution of such documents as may be necessary and advisable for the authorization, sale and issuance of the Bonds and the acquisition, improving, constructing and equipping of the Project, all as shall be authorized by law mutually satisfactory to the Issuer and the Company. SECTION 4. The Bonds issued shall be in such aggregate principal amount, shall bear interest at such rate or rates, shall be payable at such times and places, shall be in such forms and denominations, shall be sold in such manner and at such time or times, shall have such provisions for redemption, shall be executed, and shall be secured, all as shall be authorized by the Act and all on terms mutually satisfactory to the Issuer and the Company. SECTION 5. The Issuer will use and apply the proceeds of the issuance and sale of the Bonds, or cause such proceeds to be used and applied, to the extent of such proceeds, to pay the cost of the Project, and will loan such Bond proceeds to the Company for the Project pursuant to a financing agreement requiring the Company to make payment for the account of the Issuer in installments sufficient to pay all of the interest, principal, redemption premiums (if any) and other costs due under and pursuant to the Bonds when and as the same become due and payable, to operate, repair and maintain the Project at the Company's own expense, to pay all other costs incurred by the Issuer in connection with the financing of the acquisition, 2 No Text construction, equipping and administration of the Project which are not paid out of the Bond proceeds or otherwise for so long as any of the Bonds remain outstanding. SECTION 6. The Company hereby agrees to acquire, construct, improve and equip the Project, it being understood and agreed that the Company shall provide all services incident to the construction, improving and equipping of the Project (including, without limitation, the preparation of plans, specifications and contract documents, the award of contracts, the inspection and supervision of work performed, the employment of engineers, architects, building and other contractors) and that the Company shall pay all costs of the Project, subject to reimbursement by the Issuer upon the issuance and sale of the Bonds and the use and application of the proceeds thereof as provided above, the Issuer shall have no responsibility for the provision of the aforesaid services. It is expected that the cost of the Project will not exceed Six Million Dollars ($6,000,000), including interest during the period of expansion, and legal, accounting and financing expenses. The Company agrees that to the extent that the proceeds derived from the sale of the Bonds are not sufficient to complete the Project, the Company, as the owner of the Project, will be responsible for supplying all additional funds which are necessary for the completion of the Project. All risk of loss to the Project will be borne by the Company. SECTION 7. At or prior to the time of issuance and sale of the Bonds, the Issuer will enter into a trust indenture with a corporate trustee (the "Trustee"), to secure the Bonds, whereby the Issuer's interest in the Project, the financing agreement with the Company, and all fees, rents, charges, proceeds from the operation of the Project, and other funds and revenues in respect of the Project, will be pledged and assigned to the Trustee, and held by the Trustee in trust, for the benefit of the holders, from time to time, of the Bonds. SECTION 8. At or prior to the time of issuance and sale of the Bonds, the following conditions precedent shall have been satisfied: (a) The Company shall have satisfactorily completed all procedures established by the Issuer for the review and approval of industrial development revenue bond issues. (b) The Issuer shall have duly passed and adopted a resolution making all findings required by law and authorizing the issuance and sale of the Bonds and the execution and delivery of the financing agreement, the trust indenture and such other agreements, instruments and documents as may be required to be specifically authorized. It is an express condition of this Memorandum of Agreement that the Bonds be sold only in the manner and to a purchaser or purchasers approved by the Issuer. (c) The Company shall have authorized the execution, delivery and performance of the financing agreement, and approved the trust indenture and the issuance and sale of the Bonds, and authorized or approved such other agreements, instruments and documents for which specific authorization or approval may be required. (d) The Company shall have provided a reasonably satisfactory opinion of its counsel with respect to the due authorization, execution and delivery of the financing agreement, and related agreements, instruments and documents, their legality, validity, binding effect and enforceability in accordance with their respective terms subject to the usual 3 No Text qualification regarding creditors' rights, and the absence of any material violation (to the extent it may adversely affect the enforceability of the financing agreement against the Company) of applicable laws, rules, regulations, judgments, decrees or orders of any court or other agency of government and agreements, indentures or other instruments to which the Company is a party or by which it or any of its property, is or may be bound (such opinion shall not relate, however, to any environmental matters) and to such other matters as may be reasonably requested. (e) The Company and the Issuer shall have executed and delivered such non -arbitrage certificates and representations, as may be required to comply with Section 148 of the Internal Revenue Code of 1986, as amended, or any similar successor provisions and the regulations, rulings and interpretative court decisions thereunder. (f) Bryant, Miller and Olive, P.A., as bond counsel, shall have delivered its opinion with respect to the validity of the Bonds, and to the income tax status of the interest on the Bonds. (g) The Company shall have provided such other or additional representations, warranties, covenants, agreements, certificates, financial statements, and other proofs as may be reasonably or customarily required by the Issuer or by Bryant, Miller and Olive, P.A., as bond counsel. (h) There shall have been obtained confirmation of any allocation from The Division of Bond Finance of the State of Florida or any successor thereto for issuance of the Bonds to finance the Project. SECTION 9. In the event that the Bonds are not issued and sold and the transactions contemplated hereby are not closed within the time limit permitted by the confirmation of an allocation (referred to in 8(h) above) for any reason whatsoever and whether or not as a result of any failure to find one or more purchasers for the Bonds, any default or failure of performance by the Issuer, the inability of the Issuer to issue and sell the Bonds or the failure or inability of the Issuer and the Company to agree to the terms and conditions of the agreements, instruments and other documents provided for herein or contemplated hereby, the Company agrees unless waived in the sole discretion of the Issuer that: (a) The Company will (i) pay all its costs and expenses, including any fees due any attorneys, financial agents or others employed by the Company, (ii) pay the reasonable fees and expenses of bond counsel, and (iii) reimburse the Issuer for all reasonable out-of-pocket costs and expenses, including reasonable fees and expenses of the Issuer's counsel, if any, which the Issuer may have incurred in connection with this Memorandum of Agreement or the Bond issue. (b) The Company will indemnify and hold the Issuer, and the Issuer's members, officers, employees and agents (except with respect to any intentional willful acts by any member or agent of the Issuer), harmless against any liabilities, allegations or claims of loss or damage (including attorneys' fees and expenses) pertaining to the Project, the Bonds, or any transaction contemplated hereunder, or arising out of or predicated upon this Memorandum of Agreement, any action or non -action taken or omitted in reliance upon this Memorandum of Agreement, or any default or failure of performance hereunder. 4 No Text SECTION 10. No covenant or agreement contained in this Memorandum of Agreement or the Bonds, the trust indenture, the financing agreement, or in any other instrument relating to the Bonds or the Project, shall be deemed to be a covenant or agreement or any member, officer, employee or agent of the Issuer in an individual capacity, and neither the members of any other officer of the Issuer executing the Bonds or any such agreements or instruments shall be liable personally thereon or be subject to any personal liability or accountability by reason thereof. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement and affixed their respective seals, as of the date first written above. CITY OF TAMARAC, FLORIDA (OFFICIAL SEAL) 4 By: �-)oeSchreiber, Mayor ATTEST: By: qX4,4A� Marion Swenson, City Clerk I hereb rtify that I have appro d this gree t a form. (y,: h 11 S. ra , ty Attorney (CORPORATE SEAL) J:\Bonds\4401\moa1.doc INTERNATI BROKERS, z 1-134 0 W111 I New York corporation tit No Text Temp Reso #9568 February 15, 2002 EXHIBIT B PROOF OF PUBLICATION OF NOTICE OF PUBLIC HEARING 10 No Text Temp Reso #9568 February 15, 2002 Exhibit `B" CITY OF TAMARAC, FLORIDA NOTICE OF MEETING AND PUBLIC HEARING For the purpose of Section 147(f) of the Internal Revenue Code of 1986, as amended, notice is hereby given that the City Commission of the City of Tamarac, Florida, will hold a public meeting and hearing with respect to the proposed issuance and sale of not exceeding $6,500,000 Industrial Development Revenue Bonds, by the City of Tamarac, Florida, at its regular meeting of the City Commission to be held Wednesday, February 27, 2002, beginning at or after 9:00 A.M. in the City Commission Chambers, located in Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. The proceeds of such bond issue would be used to finance the acquisition, development, equipping and construction of a jewelry manufacturing facility in the City of Tamarac industrial area (West Pointe Center) at the northwest corner of Hiatus Road and Commercial Boulevard on approximately 7.59 acres (the "Project"). The owner and operator of the Project would be International Bullion and Metal Brokers [USA], Inc., or its subsidiaries (the "Company"). The bonds will not constitute a debt of the State of Florida or the City of Tamarac but will be payable solely from payments made by the Company. The public hearing will be conducted in a manner that provides a reasonable opportunity to be heard for persons with differing views on both issuance of the Bonds and the location and nature of the proposed Project. Any person desiring to be heard on this matter is requested to attend the public hearing or send a representative. Written comments to be presented at the hearing may be submitted to the City Clerk of the City of Tamarac. The City Commission will also consider and act upon such other business, including but not limited to a resolution approving issuance of the Bonds, as may properly come before the City Commission at said hearing. Comments made at the hearing are for the consideration of the City Commission, and will not bind any legal action to be taken by the City Commission. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans With Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City of such need at least 72 hours (3) days in advance. Marion Swenson, CMC City Clerk SEAL Publish: Sun Sentinel On or before February 13, 2002 No Text