66
1 ORDINANCE NO. _____ _
2
3 An Ordinance creating Section 2-4.9 in Chapter 2, Article I, of the City of
4 South Miami's Code of Ordinances establishing an alternative enforcement
5 procedures for ordinances and statutes pursuant to Chapter 162, Florida
6 Statutes.
7
8 WHEREAS, the City of South Miami has been vested with home rwe power to enact
9 ordinances that do not conflict with state law; and
10
11 WHEREAS, the City of South Miami ("City") has previously enacted Section 2-24 and
12 2-25 pursuant to Chapter 162, Florida Statutes, which is a procedure primarily designed to
13 adjudicate violations of the City's building and zoning ordinances; and
14
15 WHEREAS, Chapter 162, Florida Statutes, provides an alternative code enforcement
16 procedure to that provided for a Code Enforcement Board or a Special Master procedures and
17 which authorizes imprisonment for violations of certain City ordinances; and
18
19 WHEREAS, this proposed ordinance will also provide the City's police department with
20 an alternative procedure for enforcement of civil citations issued in lieu of arrest for certain
21 misdemeanors and it will create an additional mechanism under the City's Code to enforce these
22 and other violations.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. Chapter 2, Article I, of the City of South Miami's Code of Ordinances, is
28 hereby amended to create a new Section 2-4.9 which shall read as follows:
29
30
31 Section 2-4.9 CODE ENFORCEMENT
32 (1) Intent: The intent of this Section is to provide an alternative to the Special Master code
33 enforcement process set forth in Section 2-24 and 2-25 and for the enforcement of codes
34 and ordinances of the City and all ordinances of Miami-Dade County and statutes of the
35 state that the City is authorized to enforce, unless an alternative enforcement method is
36 designated by an ordinance.
37 (2) Definitions:
38 a. As used in this Section, "code enforcement officer" means any designated
39 employee or agent of the City whose duty it is to enforce codes and ordinances
40 enacted by the county or municipality including law enforcement officers.
41 (3) Code Enforcement Officer: The City may designate certain of its employees or agents as
42 code enforcement officers. The training and qualifications of the employees or agents for
43 such designation shall be determined by the City. Employees or agents who may be
44 designated as code enforcement officers may include, but are not limited to code
45 inspectors. Designation as a code enforcement officer does not provide the code
46 enforcement officer with the power of arrest or subject the code enforcement officer to
Page 1 of7
1 the provisions of ss. 943.085-943.255 unless the code enforcement officer is also a law
2 enforcement officer. Nothing in this Section amends, alters, or contravenes the provisions
3 of any state-administered retirement system or any state-supported retirement system
4 established by general law.
5 (4) Issuance of Citations.
6 a. Code enforcement officer are authorized to issue a citation to a person when,
7 based upon personal investigation, the officer has reasonable cause to believe that
8 the person has committed a civil infraction in violation of a duly enacted code or
9 ordinance and that the county court will hear the charge.
lOb. Prior to issuing a citation, The code enforcement officer shall provide notice to
11 the person that the person has committed a violation of a code or ordinance and
12 shall establish a reasonable time period within which the person must correct the
13 violation if the violation is correctable. Such time period shall be no more than 30
14 days. If, upon personal investigation, a code enforcement officer finds that the
15 person has not corrected the correctable violation within the time period, the code
16 enforcement officer may issue a citation to the person who has committed the
17 violation. A code enforcement officer does not have to provide the person with a
18 reasonable time period to correct the violation prior to issuing a citation and may
19 immediately issue a citation if a repeat violation is found or if the code
20 enforcement officer has reason to believe that the violation presents a serious
21 threat to the public health, safety, or welfare, or if the violation is irreparable or
22 irreversible.
23 c. A citation issued by a code enforcement officer shall contain the following
24 information:
25 1. The date and time of issuance.
26 11. The name and address of the person to whom the citation is issued.
27 111. The date and time the civil infraction was committed.
28 IV. The facts constituting reasonable cause.
29 v. The number or section of the code or ordinance violated.
30 VI. The name and authority ofthe code enforcement officer.
31 V11. The procedure for the person to follow in order to pay the civil penalty or
32 to contest the citation.
33 V111. The applicable civil penalty if the person elects to contest the citation.
34 IX. The applicable civil penalty if the person elects not to contest the citation.
35 x. A conspicuous statement that if the person fails to pay the civil penalty
36 within the time allowed, or fails to appear in court to contest the citation,
37 the person shall be deemed to have waived his or her right to contest the
38 citation and that, in such case, judgment may be entered against the person
39 for an amount up to the maximum civil penalty.
40 (5) Enforcement:
41 a. After issuing a citation to an alleged violator, if the violator fails to pay the fine
42 within ten (10) days of issuance, and the code enforcement officer intends to seek
43 court enforcement, the officer shall deposit the original citation and one copy of
44 the citation with the county court.
45 b. The enforcement of the City Ordinances may include, but shall not be limited to,
46 the issuance of a citation, a summons, or a notice to appear in county court or
Page 2 of7
1 arrest for violation of municipal ordinances as provided for in chapter 901. Unless
2 otherwise specifically authorized and provided for by law, a person convicted of
3 violating a City ordinance may be sentenced to pay a fme, not to exceed $500,
4 and may be sentenced to a defmite term of imprisonment, not to exceed 60
5 ~
6 c. The code enforcement officer may issue a notice to appear at any hearing
7 conducted by a county court if the officer, based upon personal investigation, has
8 reasonable cause to believe that the person has violated a code or ordinance. A
9 notice to appear means a written order issued by a code enforcement officer in
10 lieu of physical arrest requiring a person accused of violating the law to appear in
11 a designated court or governmental office at a specified date and time. Prior to
12 issuing a notice to appear, a code enforcement officer shall provide written notice
13 to the person that the person has committed a violation of a code or ordinance and
14 shall establish a reasonable time period within which the person must correct the
15 violation if it is correctable. Such time period shall be no fewer than 5 days and
16 no more than 30 days. If, upon personal investigation, a code enforcement officer
17 finds that the person has not corrected the violation within the prescribed time
18 period, the officer may issue a notice to appear to the person who has committed
19 the violation. The code enforcement officer is not required to provide the person
20 with a reasonable time period to correct the violation prior to issuing a notice to
21 appear and may immediately issue a notice to appear if a repeat violation is found,
22 or if the code enforcement officer has reason to believe that the violation presents
23 a serious threat to the public health, safety, or welfare or that the violator is
24 engaged in violations of an itinerant or transient nature, as defined by the City's
25 code or ordinance, or if the violation is irreparable or m\'iiG.
26
27 (6) Any person who willfully refuses to sign and accept a citation issued by a code
28 enforcement officer shall be guiltv of a misdemeanor of the second degree, punishable as
29 provided in s. 775.082 or s. 775.rs~C!i31
30
31
32
33
34
35
36 (8) The provisions of this Section are additional and supplemental means of enforcing
37 the City's codes and ordinances and may be used for the enforcement of any code or
38 ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this
39 Section shall prohibit the City from enforcing its codes or ordinances by any other
40 ru:~~ii:~t
41
42
43 Section 2. Codification. The significant provisions of this ordinance shall become and
44 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections
45 of this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the
46 word "ordinance" may be changed to "section" or other appropriate word.
Page 3 of7
1
2 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
3 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
4 shall not affect the validity of the remaining portions of this ordinance.
5
6 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
7 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
8
9 Section 5. Effective Date. This ordinance shall become effective upon enactment.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
PASSED AND ENACTED this __ day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 4 of7
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
1 162.21 Enforcement of county or municipal codes or ordinances; penalties.-
2 (1) As used in this section, "code enforcement officer" means any designated employee or
3 agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the
4 county or municipality.
5 (2) A county or a municipality may designate certain of its employees or agents as code
6 enforcement officers. The training and qualifications of the employees or agents for such
7 designation shall be determined by the county or the municipality. Employees or agents who
8 may be designated as code enforcement officers may include, but are not limited to, code
9 inspectors, law enforcement officers, animal control officers, or fire safety inspectors.
10 Designation as a code enforcement officer does not provide the code enforcement officer with
11 the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085-
12 943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-
13 administered retirement system or any state-supported retirement system established by general
14 law.
15 (3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon
16 personal investigation, the officer has reasonable cause to believe that the person has committed
17 a civil infraction in violation of a duly enacted code or ordinance and that the county court will
18 hear the charge.
19 (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that
20 the person has committed a violation of a code or ordinance and shall establish a reasonable time
21 period within which the person must correct the violation. Such time period shall be no more
22 than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has
23 not corrected the violation within the time period, a code enforcement officer may issue a
24 citation to the person who has committed the violation. A code enforcement officer does not
25 have to provide the person with a reasonable time period to correct the violation prior to issuing
26 a citation and may immediately issue a citation if a repeat violation is found or if the code
27 enforcement officer has reason to believe that the violation presents a serious threat to the public
28 health, safety, or welfare, or if the violation is irreparable or irreversible.
29 (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county
30 or the municipality and shall contain:
31 1. The date and time of issuance.
32 2. The name and address of the person to whom the citation is issued.
33 3. The date and time the civil infraction was committed.
34 4. The facts constituting reasonable cause.
35 5. The number or section of the code or ordinance violated.
36 6. The name and authority of the code enforcement officer.
37 7. The procedure for the person to follow in order to pay the civil penalty or to contest the
38 citation.
39 8. The applicable civil penalty if the person elects to contest the citation.
40 9. The applicable civil penalty if the person elects not to contest the citation.
41 10. A conspicuous statement that if the person fails to pay the civil penalty within the time
42 allowed, or fails to appear in court to contest the citation, the person shall be deemed to have
43 waived his or her right to contest the citation and that, in such case, judgment may be entered
44 against the person for an amount up to the maximum civil penalty.
45 (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the
46 original citation and one copy of the citation with the county court.
Page 5 of7
1 (5) A county or a municipality is authorized to enforce codes and ordinances under the
2 provisions of this section and may enact an ordinance establishing procedures for the
3 implementation of such provisions, including a schedule of violations and penalties to be
4 assessed by code enforcement officers. If a county or municipality chooses to enforce codes or
5 ordinances under the provisions of this section, each code or ordinance or the ordinance enacted
6 by the county or municipality establishing procedures for implementation of this section shall
7 provide:
8 (a) That a violation of a code or an ordinance is a civil infraction .
. 9 (b) A maximum civil penalty not to exceed $500.
10 (c) A civil penalty of less than the maximum civil penalty if the person who has committed the
11 civil infraction does not contest the citation.
12 (d) For the issuance of a citation by a code enforcement officer who has reasonable cause to
13 believe that a person has committed an act in violation of a code or an ordinance.
14 (e) For the contesting of a citation in county court.
15 (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or
16 an ordinance under the provisions of this section.
17 (6) Any person who willfully refuses to sign and accept a citation issued by a code
18 enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as
19 provided in s. 775.082 or s. 775.083.
20 (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and
21 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction,
22 provided that a building permit is either not required or has been issued by the county or the
23 municipality.
24 (8) The provisions of this section are additional and supplemental means of enforcing county
25 or municipal codes or ordinances and may be used for the enforcement of any code or ordinance,
26 or for the enforcement of all codes and ordinances. Nothing contained in this section shall
27 prohibit a county or municipality from enforcing its codes or ordinances by any other means.
28 History.-s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98-
29 287;s. 115,ch.2000-141; s. 35,ch.2001-186; s. 4,ch. 2001-372.
30
31 162.22 Designation of enforcement methods and penalties for violation of municipal
32 ordinances.-The governing body of a municipality may designate the enforcement methods and
33 penalties to be imposed for the violation of ordinances adopted by the municipality. These
34 enforcement methods may include, but are not limited to, the issuance of a citation, a summons, .
35 or a notice to appear in county court or arrest for violation of municipal ordinances as provided
36 for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person
37 convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500,
38 and may be sentenced to a definite term of imprisomnent, not to exceed 60 days, in a municipal
39 detention facility or other facility as authorized by law.
40 History.-s. 1, ch. 94-255.
41
42 162.23 Notice to appear.-
43 (1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1)
44 and (2), may issue a notice to appear at any hearing conducted by a county court if the officer,
45 based upon personal investigation, has reasonable cause to believe that the person has violated a
46 code or ordinance. A notice to appear means a written order issued by a code enforcement officer
Page 6 of7
1 in lieu of physical arrest requiring a person accused of violating the law to appear in a designated
2 court or governmental office at a specified date and time. If a person issued a notice to appear
3 under this section refuses to sign such notice, the code enforcement officer has no authority to
4 arrest such person.
5 (2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice
6 to the person that the person has committed a violation of a code or ordinance and shall establish
7 a reasonable time period within which the person must correct the violation. Such time period
8 shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code
9 enforcement officer finds that the person has not corrected the violation within the prescribed
10 time period, a code enforcement officer may issue a notice to appear to the person who has
11 committed the violation. A code enforcement officer is not required to provide the person with a
12 reasonable time period to correct the violation prior to issuing a notice to appear and may
13 immediately issue a notice to appear if a repeat violation is found, or if the code enforcement
14 officer has reason to believe that the violation presents a serious threat to the public health,
15 safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature,
16 as defmed by local code or ordinance within the jmisdiction, or if the violation is irreparable or
17 irreversible.
18 History.-s. 1, ch. 96-385; s. 7, ch. 99-360.
19 162.30 Civil actions to enforce county and municipal ordinances.-In addition to other
20 provisions of law authorizing the enforcement of county and municipal codes and ordinances, a
21 county or municipality may enforce any violation of a county or municipal code or ordinance by
22 filing a civil action in the same marmer as instituting a civil action. The action shall be brought in
23 county or circuit court, whichever is appropriate depending upon the relief sought. Counties and
24 municipalities are authorized and required to pay any counsel appointed by the court to represent
25 a private party in such action if the provision of counsel at public expense is required by the
26 Constitution of the United States or the Constitution of the State of Florida and if the party is
27 indigent as established pmsuant to s. 27.52. The county or municipality shall bear all court fees
28 and costs of any such action, and may, if it prevails, recover the court fees and costs and expense
29 of the court -appointed counsel as part of its judgment. The state shall bear no expense of actions
30 brought under this section except those that it would bear in an ordinary civil action between
31 private parties in county court.
32 History.-s. 87, ch. 2003-402.
Page 7 of?
MIAMI HERALD MiamiHerald.com
SOAPBOX
Residents should question
proposal to increase density
and widen Old Cutler Road
Is it true?
The supporters of the
proposed land use change
at Old Cutler Road and
Southwest184th Street that
would allow high density,
four-story development
there say that high density
is necessary to accommo-
date future population
growth in Cutler Bay. They
say we must widen Old
Cutler Road. They say that
high density development
will boost the town's reve-
nues from property taxes.
But, is any of this true?
A simple review of Cut-
ler Bay's zoning map
shows that the current
zoning will accommodate
at least 92,000 residents
(34,000 dwelling units) in
Cutler Bay -almost dou-
ble today's population and
more than enough to ac-
commodate future growth
without any land use or
zoning change.
Widening Old Cutler
Road is foolish and irre-
sponsible -any compe-
tent traffic engineer will
tell you that widening
doesn't work. It just results
in more traffic.
And I can't help but
think that the decline in
property values of all the
homes around this high
density development
could offset any tax reve-
AJp''''
'='" ""'"",
"( h ~t, N
z-~,'''''::i2.:l ~'"
nue generated by the de-
velopment -maybe even
resulting in a net loss in
revenues.
Let's hope our Town
Council is not swayed and
dazzled by the developer's
empty rhetoric but instead
think through all of the
negative impacts of this
proposed development
and then vote to deny the
land use change.
This is my opinion; what
do you think? Tell your
elected officials. They
were elected to protect
your interests, not those of
out-of-town corporate
developers.
-Steve Zarzecki, Cutler Bay
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given tlmt the City Commission oftJle City of South Miami, florida will conduct Public I [earing:(~)
at its regular City Commission mlW1ing ~beduled rOT Tuesd3V August 4 21115 beginning at 7:00 p.m., in the City
COIIUuis.ion Chambers, 6130 Sunset Drive. to cOIlllidcrthc following it"ll1(5):
An Ordinance amending the City of South Miami Land Development Code, Article VIII, titled
~Transit-Oriented Development District;' Section 20-8.3jC) to make corrections and add uses
permitted in the other TODD districts to theTODD (PI) Public/Institutional zoning district
(
An Ordinance creating Section 2-4.9 in c. hapter 2, Article I, of the City of South Miami~'
Code of Ordinam;es establishing an alternative enfof{;ement procedures for ordinances and
starutes pursuant to Chapter 162, Florida Statutes.
An Ordinance amending Chapter 2, Article III, titled BOARDS AND COMMlmES, Sections
2-24 and 2-25 to accommodate the enforcement of civil citations issued for violation of
certain misdemeanors, to bring the ordinances into compliance with Chapter 162, Florida
Statures, to replace the schedule of fines with reference to City's Schedule of Fees and
Fines and to otherwise update and clarify these Sections and provide a mechanism for the
enforcement of all ordinances.
A LL interested parties an: invited to <Ittend and win he heard
For further information. please contact the City Clerk's Office at: 305-663·6340.
Maria M. M~'J1endez. CMC
City Clerk
Purnuant to Florida Statutes 286.0105, the City h<"r~by ad'ises the public thaI if a peuon decides to appeal any decision
made by this Board. Agency or Commi~sion "itll rcspectlll an~ lI)'1.!krconsidcrcd at its meeting or hearing. he or she ""ill
need a record ofthe proceedings. and that for sucb purpose. affected person may need tn en~<D1' that a verbatim r~ord of tile
proccedings is made which tel.'Ilrd indudcs the lel;tilllony and c,~dence upo!I whieh the appea'i is to be baS<ld.
SE SUN~AY, JULY 33SE
Better Care is Here and Now.
MD Now provides fast and
affordable urgent tare.
State-of-the art, walk-in
medical center
365 days a year /6 a.m. to
6 p.m.
A doctor is always on site
Major insurance accepted
Adults & children welcome
Certified & accredited
Se habla espanol
22 convellient locatiolls
throughout South Florida
Treating injuries and
illnesses, such as:
Broken bones
Cuts, scrapes & burns
Colds, flu & viral illnesses
Bronchitis & pneumonia
Urinary tract infections
Ear & eye infections
Asthma & allergic
reactions
Auto accident injuries
Job-related injuries!
workers' comp
Our fully comprehensive
urgent care tenters offer:
Medical evaluations &
screenings
School, sports & camp
physicals
Immunizations & vaccinations
Stitches & minor surgery
X-rays, labs, IVs & EKGs
Physical therapy &
ultrasound"
Travel health
·Select Locations
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
LegalHolidays
Miami,Miami-Dade County,Florida
STATE OF FLOR\DA
COUNTY OF MIAMI-DADE:
Before the undersigned authoritypersonally appeared
MARIA MESA,whoon oath says that heor she isthe
LEGALCLERK,Legal Notices of the MiamiDaily Business
Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday
andLegalHolidays)newspaper,publishedat Miami in Miami-Dade
County,Florida;thatthe attached copyof advertisement,
beingaLegal Advertisement ofNoticeinthematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING -AUGUST 4,2015
in the XXXX Court,
waspublishedinsaid newspaper inthe issues of
07/24/2015
Affiantfurther says that the said MiamiDaily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Floridaand that thesaid newspaper has
heretofore been continuously published in said Miami-DadeCounty,
Florida,each day(except Saturday,SundayandLegalHolidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-Dade County,Florida,fora
periodofone year next preceding thefirstpublicationofthe
attached copyof advertisement;andaffiantfurther says thatheor
she has neither paidnor promised any person,firmorcorporation
anydiscount,rebate,commissionor refund forthepurpose
of securing thjsaa^sgjeefqent for publication inthesaid
newspap
Swofh to an>€ubscribed before methis
24 day of JULY ^fr—/a.D.2015
(SEAL)
MARIA MESApersonallyknowntome
/0^%,MERCEDES ZALDIVAR
"''MY COMMISSION #FF029736
EXPIRES June 20.2017
(407)398-0153 FloridaNotaryService.com
*'•'%*of fS*
CITY OILSOUtH MIAMI
NOTICE IS HEREBY given that the City Commission of the City-of
South Miami,Florida will conduct Public Hearing®at its regular City
Commission meeting scheduled for Tuesday,August 4.2015 beginning
at 7:00 p.m.,in the City Commission Chambers,6130/Sunset Drive,to
considerthefollowingitem(s):
An Ordinance amending the City of South Miami Land Develop
ment Code,Article VIII,titled Transit-Oriented Development
District,"Section 20-8.3(C)to make corrections and add uses
permitted in the;other TODD districts to the TODD (Pi)Public/
Institutionalzoningdistrict.
An Ordinance creating Section 2-4.9 in Chapter 2,Article I,of
t the City of South Miami's Code of Ordinances establishing an
alternative enforcement procedures for 6Mihances andstatutes
pursuantto Chapter 162,Florida Statutes.
An Ordinance amending Chapter 2,Article III,titled BOARDS
AND COMMITTEES,Sections 2-24 arid 2»2$to accommojdate
the enforcement of civil citations issued for violation of certain
misdemeanors,io bring the ordinances into compliance with
Chapter 162,Florida Statutes,to replace the.schedule ofTines
With reference to City's Schedule of Fees and Fines and to
otherwise update arid clarity these Sections and provide a
mechanism for the enforcement ofall ordinances,
ALL interested parties are invitea'to attend andwHIberreard.
j^furthenhforma^
305-663-6M&:_——*-
Maria M.Menendez,CMC
Pursuant tcr Florida Statutes 286,0105,the City hereby advises the
public that if a peison decides to appeal any decision made by this
Board*Agency or Commission with respejst toanymatterconsidered at.
its westing or hearing,heor she will need a record ofthe proceedings,
and that for such purposei effected person may need to ensure thata
verbatim record ofthe proceedings is made which Vecprd includes the
testimony and evidence upon which theappeal ^to b&^aS?^^^M»«7/24 ._^_15-t28/£465553Mj