19-2153 Amending City Code Chapter 14 AnimalsORDINANCE NO.19-2153
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
LONGWOOD CITY CODE CHAPTER 14 ANIMALS; SECTION 14.1 (C)
ESTABLISHING CHAPTER 20 OF SEMINOLE COUNTY CODE WILL APPLY IN THE
CITY OF LONGWOOD, DELETING DEFINITIONS OF ANIMALS, PUBLIC
NUISANCE ANIMALS, AND PROHIBITED ANIMALS TO ELIMATE CONFLICT
WITH CHAPTER 20 OF SEMINOLE COUNTY CODE, PROVIDING FOR
CONFLICTS, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood ("City") is vested with home rule authority pursuant to
Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statues,
to enact ordinances;
WHEREAS, the City shall enter into an agreement for implementation and enforcement
of the Seminole County Code, Chapter 20 (Animals and Fowl), Animal Control Ordinance, within
the city;
WHEREAS, the City Commission finds the implementation of the enforcement set forth in
this ordinance are in the best interest of the City and consistent with Chapter 20 (Animals and
Fowl) of Seminole County Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and constitute legislative findings of
the City Commission.
Section 2. Adoption. Chapter 14, Sections 14.1, 14.3, 14.4, 14.5 and 14.6 of the Longwood City
Code, is hereby amended as follows (underlined words are additions; Strie- en *"" words are
deleted):
Chapter 14 - ANIMALS
Sec. 14-1. - Adoption of county animal control ordinance.
(a) The city shall enter into an agreement for implementation and enforcement of the Seminole
County Code, Chapter 20, Animal Control Ordinance, within the city, such ordinance to be
enforced by the county.
(b) The mayor is hereby authorized and directed to execute on behalf of the city, an interlocal
agreement by and between the city and the board of county commissioners, for the
enforcement and implementation of Seminole County Code, Chapter 20, Animal Control
Ordinance within the territorial limits of the city, a copy of such agreement being on file in
the city clerk's office and made a part hereof for all purposes by reference and attachment.
Ordinance No. 19-2153
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(c) Seminole County Code, Chapter 20, Animal Control Ordinance and regulations apply within
the City except to the extent inconsistent with Chapter 14 of the Longwood City Code.
Sec. 14-2. - Intent.
The regulations and requirements of this chapter are intended to preserve the residential
character of the city and to minimize conflicts of noise, odor and health hazards created by the
keeping of animals.
,.rnrl fear the ke,e piRg e.f de gs and e.ats e-r e-t4,nr d—R—m .rtircat d ;;Rim;;'-i•
9—igiAd mp;; Rr nll kind; Rf i EIS1 whether wild .ear de ffieStieate d
Peukr-y me sueh
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geese
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Ordinance No. 19-2153
Page 2 of 5
D..hl:r n ,:re nre m rel w.
C:nele fengily A Single dwelling
Ctr ..,.,/ means aRy
Veneme„r rent:ler, M anc
e• an -� al ar e4ee•rriherl iii-ed in sertien 14 A
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Sec. -1". 14.3 - Public nuisance animals.
(a) It is unlawful for a person to permit animals to become a public nuisance. An animal shall
be declared a public nuisance animal if such animal:
(1) IS Fepeatedly feund at !aFW,
(2) Repeatedly damages -the ffepeFty of anyene ether than its, ewneF;
(4)--- Causes -w Rsa R ita ryeeR d it-iens-0f-e R G 19SU Few-v,'-
u(&� Is on property in such numbers as exceeds the number limits placed on animals in
this chapter;
ec r ntin.-e fer neriedS lenger than 15 m u to .
L2)(�4 Harasses passersby or passing vehicles;
(9) I ttaekeu ether rlemertir 'male
c� - ��—crvrrrc� rc-arm�rrurr
,(3)(9} Has been designated by the animal control e##ie-er official or the City of Longwood
codes enforcement officer to be a public nuisance by virtue of being a menace to public
health, welfare or safety; or
(10)-- Was -etheFWise-been deteFFAined to betray.
Sec. 44-3. 14.4 - Prohibited animals.
(2) Animals, such as, but not limited to, chickens, roosters, turkeys, peacocks, geese and
ducks, other poultry, excluding chickens that are allowable pursuant to a backyard
chicken permit in section 14-6. 14.5.
(c) Number of animals. it shall be unlawful to keep, maintain, husband, or raise in the city more
than a total of five animals, including dogs, cats, hamsters, gerbils, ferrets, mice, guinea pigs,
Ordinance No. 19-2153
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nonvicious and nonvenomous reptiles, parrots and other birds and rabbits, on one parcel of
land of one acre or less.
(1) For parcels of land larger than one acre, the number of animals permitted shall increase
by one animal for each one -fifth acre over one acre until the parcel reaches two acres in size.
Parcels of land two acres or greater shall be permitted to have up to ten animals, but no
more than ten such animals shall be permitted in areas with a residential land use.
(2) This restriction of the number of animals shall not apply if the number is exceeded due
to birth of animals and the violation of this section is temporary in nature and does not
extend past 16 weeks after the birth of such animals.
(3) This restriction shall not apply to chickens subject to a permit authorized under section
14-6: 14.5.
Sec. 14-6 14-5- Backyard chickens.
Section 3. Conflicts. If any Ordinances or parts of thereof are in conflict herewith, this Ordinance
shall control to the extent of the conflict.
Section 4. Codification. Section 2 of this Ordinance shall be codified and made a part of the City
Code of Ordinances; that the Sections and exhibits of this Ordinance may be renumbered or
relettered to accomplish such intention. The word "Ordinance" may be changed to "Section,"
"Article," or other appropriate word. The City Clerk is given liberal authority to correct scriveners'
errors, such as incorrect code cross references, grammatical, typographical and similar or like
errors when codifying this Ordinance.
Section S. Severability. If any portion of this Ordinance is determined to void, unconstitutional,
or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall remain in
full force and effect.
Section 6. Effective Date. This Ordinance shall take effect immediately upon its adoption by the
City Commission of the City of Longwood, Florida.
FIRST READING this 18th day of March, A.D. 2019.
SECOND READING AND ADOPTION this 1st day of April' A.D. 2019.
Ben Paris, Mayor
Ordinance No. 19-2153
Page 4 of 5
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Daniel W. Langl6y,,4tyAt6rney
Ordinance No.19-2153
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INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY
AND
THE CITIES OF ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD, AND WINTER SPRINGS
FOR ANIMAL CONTROL SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into by and between
SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose
address is Seminole County Services Building, 1101 E. 1 st Street, Sanford, Florida 32771, in this
Agreement referred to as "COUNTY", and the following Florida municipal corporations: the
CITY OF ALTAMONTE SPRINGS, whose address is 225 Newburyport Avenue, Altamonte
Springs, Florida 32701; the CITY OF CASSELBERRY, whose address is 95 Triplet Lake Drive,
Casselberry, Florida 32707; the CITY OF LAKE MARY, whose address is 100 N. Country Club
Road, Lake Mary, Florida 32746; the CITY OF LONGWOOD, whose address is 175 W. Warren
Avenue, Longwood, Florida 32750, the CITY OF OVIEDO, whose address is 400 Alexandria
Boulevard, Oviedo, Florida 32765, the CITY OF SANFORD, whose address is 300 N. Park
Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, whose address is 1126
E. State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY" or
"CITIES"
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes (2018), authorizes local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner, and
pursuant to forms of governmental organization, that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities; and
Interlocal Agreement between Seminole County and Municipalities CERTIFIED COPY • GRANT MALOY
for Animal Control Services CLERK OF THE CIRCUIT COURT e
Page 1 of 17 AND COMPTROLLER E
SEMIN L COUNTY, FLORIDA .
g DEPUTY CLERK
WHEREAS, Section 163.01(4), Florida Statutes, provides that public agencies of the State
of Florida may exercise jointly any power, privilege, or authority, which such agencies share in
common and which each might exercise separately; and
WHEREAS, COUNTY and CITIES are political subdivisions of Florida, which are
recognized as "public agencies" within the meaning of Section 163.01(3)(b), Florida Statutes
(2018); and
WHEREAS, the parties to this Agreement have the common power to regulate and control
animals within their respective geographic jurisdictions; and
WHEREAS, CITIES desire that Parts I and II of Chapter 20 of the Seminole County Code
(2018), which includes Sections 20.01-20.150 and is commonly referred to as the "Animal Control
Ordinance" be applicable within their geographic boundaries; and COUNTY is agreeable to
administering and enforcing these parts of Chapter 20, Seminole County Code, within the
geographic boundaries of the CITIES; and
WHEREAS, Section 1.4, Seminole County Home Rule Charter, asserts that municipal
ordinances prevail over County ordinances to the extent of any conflict; and
WHEREAS, Section 163.01(5), Florida Statutes (2018), provides that a joint exercise of
power by such public agencies shall be made by contract in the form of an interlocal agreement,
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between the parties and for the mutual benefit of
COUNTY and CITIES, and their respective citizens, the parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material part
of the agreement upon which the parties have relied.
Section 2. Purpose. The purpose of this Agreement is to provide for the applicability and
enforcement of animal control services as outlined in Parts I and II of Chapter 20, Seminole County
Interlocal Agreement between Seminole County and Municipalities
for Animal Control Services
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Code, commonly referred to as the "Animal Control Ordinance within the geographic boundaries
of CITIES.
Section 3. Definitions. The definitions listed in Section 20.01, Seminole County Code,
as they may be amended from time to time, apply to this agreement.
Section 4. COUNTY Responsibilities.
(a) Administrative Agent: COUNTY is designated as the party to administer this
Agreement by and through its departments and officers.
(b) Services provided: COUNTY shall provide services pursuant to this Agreement as
specified in the Animal Control Ordinance of the Seminole County Code, as it may be amended
from time to time.
(c) Services to be provided at no cost: COUNTY shall provide to CITIES the services
described above at no cost. CITIES hereby authorize COUNTY and its designated officers and
agents to enter into the geographical limits of the CITIES for the purpose of taking custody of
animals, impounding these animals in the facilities of COUNTY, and performing any and all other
acts set forth in the Animal Control Ordinance.
(d) Duties and levels of service: No officer or department of COUNTY may perform
for the CITIES any function not within the scope of the duties of such officer or department in
performing the same kind of services for COUNTY. Except as otherwise stated in this Agreement,
COUNTY shall provide a level of services to CITIES that is the same basic level of services that
COUNTY provides for COUNTY's County -wide responsibilities. Rendition of service, standards
of performance, discipline of officers and employees, and other matters incident to performance
of service and control of personnel will remain with COUNTY. In the event of a dispute between
parties as to the extent of the duties and functions to be rendered in this Agreement, or the level or
manner of performance of such service, the County Manager of COUNTY is granted the authority
Interlocal Agreement between Seminole County and Municipalities
for Animal Control Services
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to make the final and conclusive determination, except CITIES retain the exclusive right to
withdraw from or terminate this Agreement as provided in Section 21 prior to the initial date of
the dispute.
(e) Venue: Venue for enforcement of the COUNTY ordinance by COUNTY
employees shall be through the County Court, or in the Circuit Court of the Eighteenth Judicial
Circuit of Florida, in and for Seminole County, Florida or Animal Control Board and not the
CITIES' Code Enforcement Board or Special Magistrates.
Section 5. CITIES' Responsibilities.
(a) Cooperation: To facilitate performance under this Agreement, CITIES and their
officers, agents, and employees shall provide COUNTY their full cooperation and assistance.
(b) Municipal Ordinance Conflicts: In accordance with Section 20.02, Seminole
County Code, the governing bodies of CITIES shall repeal all municipal ordinances or portions of
them inconsistent with the Animal Control Ordinance. Alternatively, each respective CITY, and
not COUNTY, is responsible for enforcing any conflicting ordinance of that CITY within the
geographical boundaries of such CITY that maintains the conflicting ordinance. CITIES that adopt
inconsistent or conflicting provisions shall be responsible for enforcement.
Section 6. Liability. Each party to this Agreement, its officers, employees, and agents do
not assume and specifically disclaim any liability for the acts, omissions, or negligence of the other
party, its officers, employees, or agents, arising from or related to this Agreement except as
otherwise provided by this Agreement.
Section 7. Employee Status.
(a) COUNTY Employees: Persons employed by COUNTY in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of CITIES, nor do these employees have any claims to pensions, workers' compensation,
Interlocal Agreement between Seminole County and Municipalities
for Animal Control Services
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unemployment compensation, civil service, or other employee rights or privileges granted to
CITIES' officers and employees either by operation of law or by CITIES.
(b) CITY Employ: Persons employed by CITIES in the performance of services
and functions pursuant to this Agreement are deemed not to be employees or agents of COUNTY,
nor do these employees have any claims to pensions, workers' compensation, unemployment
compensation, civil service, or other employee rights or privileges granted to COUNTY's officers
and employees either by operation of law or by COUNTY.
Section 8. Notice. Any notice delivered with respect to this Agreement must be in writing
and will be deemed to be delivered, whether or not actually received, when (i) hand -delivered to
the persons designated below, (ii) mailed by UPS or FedEx, (iii) by electronic mail with read
receipt requested, or (iv) when deposited in the United States Mail, postage prepaid, certified mail,
return -receipt requested, addressed to the person at the address for the party as set forth below, or
such other address or to such other person as the party may have specified by written notice to the
other party delivered according to this section:
As to COUNTY:
County Manager
Seminole County Government
1101 E. 1st Street
Sanford, Florida 32771
As to CITY OF ALTAMONTE:
City Manager
City of Altamonte Springs
225 Newburyport Avenue
Altamonte Springs, Florida 32701
AS TO CITY OF CASSELBERRY:
City Manager
City of Casselberry
95 Triplet Lake Drive
Casselberry, Florida 32707
Interlocal Agreement between Seminole County and Municipalities
for Animal Control Services
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AS TO CITY OF LAKE MARY:
City Manager
City of Lake Mary
100 N. Country Club Road
Lake Mary, Florida 32746
AS TO CITY OF LONGWOOD:
City Manager
City of Longwood
175 W. Warren Avenue
Longwood, Florida 32750
AS TO CITY OF OVIEDO:
City Manager
City of Oviedo
400 Alexandria Boulevard
Oviedo, Florida 32765
AS TO CITY OF SANFORD:
City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
AS TO CITY OF WINTER SPRINGS:
City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
Section 9. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida
govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and
venue for any legal action in connection with this Agreement will be in the courts of Seminole
County, Florida.
Section 10. Parties Bound. This Agreement is binding upon and inures to the benefit of
CITIES and COUNTY, and their successors and assigns.
Interlocal Agreement between Seminole County and Municipalities
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Section 11. Conflict of Interest.
(a) The parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with another party or parties, or that
would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida
Statutes (2018), as this statute may be amended from time to time, relating to ethics in government.
(b) Each party hereby certifies that none of its officers, agents, or employees have any
material interest, which is defined in Section 112.312(15), Florida Statutes (2018), as over 5%, as
this statute may be amended from time to time, either directly or indirectly, in the business of the
other parties to be conducted here, and that no such person will have any such interest at any time
during the term of this Agreement.
(c) Each party has the continuing duty to report to the other parties any information
that indicates a possible violation of this Section.
Section 12. Dispute Resolution. In place of the procedures in Chapter 164 of the Florida
Statutes, any party to this Agreement may notify the other party or parties, in writing, that it wishes
to commence formal dispute resolution with respect to any unresolved problem under this
Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil
Mediator for mediation, within sixty (60) days following the date of this notice. In the event that
any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court
of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as
provided in Section 9 above, is the sole venue for any such civil action. The parties further agree
that any such action will be tried to the Court, and the parties hereby waive the right to jury trial
as to such action.
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Section 13. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by all parties, except as
otherwise specifically provided in this Agreement.
Section 14. Assignment. This Agreement may not be assigned by any party without the
prior written approval of the other parties.
Section 15. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the parties that the
invalidity will not affect other provisions or applications of this Agreement that can be given effect
without the invalid provision or application, and to this end the provisions of this Agreement are
declared severable.
Section 16. Public Records Law.
(a) CITIES and COUNTY acknowledge each other's obligations under Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be
amended from time to time, to release public records to members of the public upon request.
CITIES and COUNTY further acknowledge that all parties are required to comply with Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be
amended from time to time, in the handling of the materials created under this Agreement and that
this statute controls over the terms of this Agreement.
Interlocal Agreement between Seminole County and Municipalities
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(b) Failure to comply with this Section will be deemed a material breach of this
Agreement, for which the non -breaching party may terminate this Agreement immediately upon
written notice to the breaching party.
Section 17. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Section 18. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 19. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
Section 20. Term of Contract. This Agreement shall remain in effect from the Effective
Date until such time as the parties elect to terminate this Agreement in accordance with Section
21 of this Agreement. However, termination or withdrawal of a CITY will not affect the
effectiveness of this Agreement between COUNTY and the remaining CITIES.
Section 21. Termination or Withdrawal. A party may terminate or withdraw from this
Interlocal Agreement with ninety (90) days' written notice, pursuant to Section 8 above, to the
non -terminating party(ies). Upon a CITY's termination or withdrawal of this Agreement, the
terminating CITY shall be responsible for animal control services within its geographic
boundaries.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
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for Animal Control Services
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Clerk to the rr
County C sioners of
Seminole County, Florida.
For the use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
x'%"" Wrl
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
A CAREY, Chairman
A
As authorized for execution by the Board of
County Commissioners at its ', u.n2 ,
20 M , regular meeting.
MMH/]pk/org
1 /25/19
T:\Users\Legal Secretary CSB\Animal Services\Interlocal Agreement with Municipalities for Animal Control Services Jan25(19).docx
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Interlocal Agreement between Seminole County and Municipalities
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ATTEST:
k � �
ANG APPERSO ity Clerk
Approved as to form and
CITY OF ALTAMONTE SPRINGS
By:
PAT BAT/ S, Mayor
/ Date: 3 ,5-//1 q
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Interlocal Agreement between Seminole County and Municipalities
for Animal Control Services
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ATTEST.
t
r-
DONNA G. GARDNER, City Clerk
Approved as to form and
Legal sufficiency.
CATHERINE D. REISCHMANN
City Attorney
CITY OF CASSELBERRY
By:
CHARLENE GLANC or
Date:
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Interlocal Agreement between Seminole Cotmt}, and Municipalities
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ATTEST:
A. FOSTER, City Clerk
Approved as to form and
Legal sufficiency.
CATHERINE D. REISCHMANN
City Attorney
CITY ( LAKE MARY
B
DW ID J. M rO�R, Mayor
Date:M,� C� / , k2 (n
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Interlocal Agreement between Seminole County and Municipalities
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CITY OF LONGWOOD
By:
B ARIS, Mayor
Date: 1/7'La, 15
Approved as to form and
Legal sufficiency.
DANIEL LAN LE
City Attorney
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Interlocal Agreement between Seminole County and Municipalities
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ATTEST:
I �
BARBARA BA OUR, City Clerk
Approved as to form and
Legal sufficiency.
60 =T
City Attorney
4 z-, ISM k J F
CITY OF OVIEDO
By:
DOWN ERSAMPIERE, Mayor
Date:
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ATTEST:
TRACI HOUCHIN, City Clerk
S
Approved as to form and ~
Legal sufficient.
City Attorney
CITY OF SANFO
By: r ,
e
JEFF TRIPLE , Mayor
ITS H . {
Ki
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ATTEST:
ANDRI✓A LORENZO-T1liACES, City Clerk
Approved as to form and
Legal sufficiency.
ANTHONY GARGANESE
City Attorney
CITY OF WINTER SPRINGS
By:
CHARLES L Y, ayor
Date: �f u� J -C , -t c?
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