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NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, ~ORIDA:
SECTION 1: That the present Civil Service System and Civil
Service Board of the City of Sanford, Florida, is hereby abolished.
SECTION 2: That Chapter 2, Article XIX of the Cede of City of
Sanford, Florida, is hereby amended bY adding Article XIX which
shall read as follows:
ARTICLE XIX. CIVIL SERVICE BOARD AND CIVIL SERVICE SYSTEM
SECTION 2-315. There is hereby established a Civil Service
System for the City of. Sanford, Florida, which shall embrace all
employees of the city, except temporary/contractual employees,
provisional employees, part-time employees, all officers elected by
the people, members of any commission or board, the city attorney,
practicing attorneys-at-law retained or employed by the city, the
city manager, and the city physician.
SECTION 2-316. Civil Service Board:
(A) ESTABLISHMENT: There is hereby established for the City
of Sanford a Civil Service Board composed of five members, who are
residents of Seminole County. Two members of the board shall be
appointed by the City CommisSion, two members shall be elected by
the members of the Civil Service, and one member shall be elected by
the 'four members provided for above. The present members of the
Civil Service Board shall continue to hold office and discharge
their duties thereunder for the same terms and upon the same
conditions as at the time of their respective election or
appointment when this ordinance becomes effective.
(B) QUALIFICATION OF BOARDMEMBERS: =iAll of the members of
the Civil Service Board shall be residents of Seminole County, shall
be persons of different vocations, and shall not be employed by the
municipality in any other capacity, official or otherwise.
(C) ELECTION OF THE TWO BOARD MEMBERS BY CIVIL SERVICE
EMPLOYEES AND THE BOARD MEMBER BY THE CIVIL SERVICE BOARD MS:
(1) Election of the two beard members by civil service
employees: The members of the board appointed by the City
Commission shall annually appoint, from the classified civil service
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employee list, an election committee consisting of a clerk and three
irlspecto~Fto provide for and supervise the election of the board
members'to be elected by the civil service employees.
(2) Election of the fifth board member by the Civil
Service Board members appointed by the City Commission and elected
by the civil service employees: The member to be elected by the
other four members provided for herein, shall be elected by them
within 30 days after commencement of the term of the new members
annually appointed and elected, respectively, by the city commission
and the members of th~ civil service. In the event of failure,
inability, or refusal of the four members of the board to elect a
fifth member within such 30-day period the city commission, within
15 days thereafter, shall appoint the fifth ~ember.
SECTION 2-317. Terms of office, Civil Service Board Members:
(A) The two members of the Civil Service Board appointed by
the City Commission shall be appointed in the first instance for
terms of 1 year and 2 years respectively, and thereafter in each
instance the term shall be for 2 years.
(B) The two members elected by the civil service employees
shall be elected in the first instance for terms of I year and 2
years respectively, and thereafter in each instance the term shall
be for 2 years.
(C) The member to be elected by the remaining members of the
board shall serve for a term of 1 year, and shall hold office until
a successor is elected or appointed.
SECTION 2-318. Organization of the Civil Service Board:
Within 1 week after the five members of the board have assumed
office as herein provided, the board shall organize by the election
of one of its members as chairperson. The chairperson shall serve
for a period of 1 year, and may succeed himself/herself with the
consent of the other four members.
SECTION 2-319. Office, meetings, and quorum of the Civil
Service Board:
(A) OFFICE: The Civil Service Board shall ha~e its office
in a room in the city hall as designated by the City Commission.
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(B) MEETINGS:
J// (1) Regular: The Civil Service Board shall meet, on
an as needed basis, the date and hour to be determined by the board.
(2) Special: Special meetings may be held at any time
on the call of any member of the board. Reasonable sotice shall be
given of any special meeting of the board, and such notice shall
state the purpose of the meeting.
(C) QUORUM: Three members of the board shall ~onstitute a
quorum for the transaction of any business.
SECTION 2-320. .Disqualification of members of the Civil
Service Board:
(A) Any cause which would disqualify a judge under the laws
of Florida to try a case shall be sufficient cause for
disqualification of any member of the Civil Service Board to hear
and determine any question arising in the performance of duties in
the determination of the dismissal, suspension, or demotion of any
en~loyee in the civil service.
(B) Any member of the Civil Service Board may be challenged
for any cause which may be used under the laws of Florida to
challenge judges, and if such challenge is sustained, the member so
challenged shall not participate in the determination of any
question set forth in subsection (~).
(C) The City Commission shall make temporary appointment or
appointments to fill any temporary vacancy caused by a
disqualification under the provisions of this section.
SECTION 2-321. Removal of members of Civil Service Board:
(A) The members of the Civil Service Board by a majority
vote shall have the right to expel any member thereof for
misfeasance, malfeasance, or nonfeasance in office.
(B) The City Commission or head of any department or any
member of the civil service, or any citizen or taxpayer of the City
of Sanford shall have the right to prefer charges against any member
of the Civil Service Board. When charges have been filed with the
Chairperson of the Civil Service Board, and after reasonable notice
has been made to the member of the board against whom charges have
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been made and to the party making such charges, the board shall
proceed ~ hear the charges. If the charges are sustained, the
me~er shall be removed. The judgement of the Civil Service Board
may be reviewed by the courts and affirmed or reversed.
SECTION 2-322. Vacancies in the Civil Service Board:
(A) When a vacancy occurs in the Civil Service Board either
by the resignation, death, or removal of a member appointed by the
city commission, said commission shall appoint a membe~ to fill the
unexpired term of the member resigning, dying, or removed.
(B) A vacancy in the office of either board member elected
by the civil service employees will be filled for the unexpired term
by an election to be held in accordance with section 2-316(c)(1).
(C) A vacancy in the office of the fifth member of the board
will be filled for the unexpired term by an election held in
accordance with the provisions of section 2-316(c)(2).
SECTION 2-323. Compensation and expense of the Civil Service
Board: Members of the board shall serve without compensation, and
in the execution of their duties shall not incur expenses, payable
by ~he City of Sanford, of more than that amount budgeted and
approved by the City Commission.
SECTION 2-324. Employment of assistants: The Civil Service
Board is authorized to employ ~uch clerks, stenographers, and
assistants as the City Commission may deem necessary and reasonable.
SECTION 2-325. Assignment of secretary: The Civil Service
Board shall be assigned a secretary whose duty it shall be, under
the direction of the board, to keep the minutes of its proceedings,
serve all notices directed by the board, maintain civil service
records and files, preserve all reports and correspondence, act as
secretary for the civil service election committee appointed under
the provisions of section 2-316(c)(1), and perform such other
related duties as required by this office and directed by the Civil
Service Board.
SECTION 2-326. Expenses of the Civil Service Board: A
sufficient sum of money shal! be appropriated each year by the City
Commission to carry out the provisions of this ordinance. It is the
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duty of the Civil Service Board to file its estimates of expenses
for the e~suing fiscal year with the City Commission, through the
City Manager, at such time as required by the City Manager.
SECTION 2-327. Code of rules, publications, and effective
date: The Civil Service Board shall make rules to carry out this
ordinance by adoption of rules, addressing promotions, appointments,
probationary employment periods, suspensions, demotions and
dismissals, in accordance with its provisions. The ~ules of the
Civil Service Board shall not conflict with the terms of this
ordinance nor become ~ffective until each member of the civil
service affected thereby has been provided a copy thereof by the
secretary of the Civil Service Board. Such rules shall have
attached thereto a certificate by the secretary of the Civil Service
Beard acknowledging that a copy of said rules as required has been
provided to all civil service members. Such certificates are prima
facie evidence of compliance with the requirement of provision.
SECTION 2-328. Classification of positions: The City
Commission, subject to the approval of the Civil Service Board,
shall classify all positions in the city service, except those as
stated in section 2-315, according to the duties and
responsibilities of each position or employment. Classification
shall be so arranged that all posikions which are substantially the
same with respect to authority, responsibility, and character of
work are included in the same class. From time to time the
commission may reclassify positions upon proper showing that the
positions belong to a different class. The positions so classified
constitute the classified service of the City of Sanford, and no
appointment to any position shall be made except under and according
to the rules and regulations hereinafter set forth.
SECTION 2-329. City Commission to fix compensation: The city
commission shall fix the pay of all members of the civil service
established by this ordinance. However, members of the same grade
in the same department shall be placed in the same pay grade, and
members of a higher grade shall not be paid less than the members of
the next lower grade.
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SECTION 2-330. Terms of employment of civil service
employeee,F All persons who have been previously confirmed as
members of the civil service or who shall hereafter become members
of 'the civil service by reasons of the provisions of this ordinance
shall hold their offices or employment during good behavior unless
demoted, dismissed, or suspended in accordance with sections 2-340
and 2-341.
SECTION 2-331. Duties and obligations of c~vil service
employees: It is the duty and obligation of all members of the
civil service established by this ordinance to be diligent in and
about the performance of their duties; to devote such time as
necessary to the performance of these duties within the hours
prescribed by the city commission or department heads; and to be
obedient to reasonable requests or commands of his/her superior in
rank in connection with the performance of assigned duties.
SECTION 2-332. Designations of grades in departments: The
city commission shall specify the grades to be used in departments
of the city.
SECTION 2-333. Number of employees in grades and departments:
The city commission shall fix the number of members in each grade of
departments, and the number of members to be employed in each
department of the city.
SECTION 2-334. Increase or reduction of authorized positions:
(A) The city commission may increase or decrease the number
of members of any grade of any department.
(B) In the event of a reduction in civil service employees
under the provisions of this section, the members released shall
retain their seniority in their respective position classifications
and shall be given preference for appointment to their former
positions in the event of later increases in the number of members
of the position classification from which they were released.
However, any member so released shall not receive any pay while on
inactive duty.
(C) Regardless of the length of inactive duty of an employee
released and subsequently reemployed or otherwise returned to active
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du~y under the provisions of this section, he/she shall be required
to under~ a physical examination of the type for the position or
employment to which he/she is being restored.
(D) Whenever any series, class or classes of positions are
abolished or reduced under the provisions of this section, the names
of persons then filling positions in such series, class, or classes
in the classified service shall be placed in the order of their
seniority, in the series, class, or classes of service 'so abolished
or reduced, at the head of an eligible register for reemployment in
the same or a similar l~vel in the same class of service.
(E) When probationary employees are released under the
provisions of this section said probationers shall be replaced on an
eligible register for the same class of employment for which they
have been certified.
(F) A decrease in the number of members of any department as
provided in this section shall not be held to be a dismissal,
suspension, or demotion for which an appeal may be taken to the
Civil Service Board.
SECTION 2-335° Vacancies in the classified service:
(A) In the event of a vacancy in the classified service in
any department of the Civil Service System, such vacancy shall, if
at entry level, be filled by voluntary transfer of a qualified civil
service employee from within the Civil Service System or qualified
applicants from the general public.
(B) Vacancies occurring at other than entry level in any
department shall be filled when possible by promotion of qualified
employees from the next lower grade or class within the department.
If there are no qualified candidates available in the next lower
grade or class or no lower grade or class exists, then such vacancy
shall be filled by voluntary transfer of a qualified civil service
employee from within the Civil Service System or by qualified
applicants from the general public.
SECTION 2-336. Probation period: The Civil Service Board is
empowered to promulgate rules and regulations prescribing
probationary periods of employment, and no appointment, employment,
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or promotion shall be deemed complete until the completion of the
probatio~a~ry employment period prescribed by the Civil Service Board
rules and regulations. Any persons holding probational employment
may be dismissed, or if on probation as a result of a promotion, may
be demoted at any time within the prescribed probation period,
without the approval of the Civil Service Board. However, if said
employee is not dismissed or demoted within the prescribed
probationary period, then the employment or promoti6n shall be
deemed complete and shall entitle the employee to hold such
employment or promotion. under the terms of this ordinance.
SECTION 2-337, Seniority: The members of the civil service
shall retain the rank and seniority already acquired by them at the
time this ordinance becomes effective, and seniority may be acquired
by persons later becoming members of the civil service. Seniority
is construed to mean length of service in the department in which
such employee is engaged.
SECTION 2-338. Promotion of employees: Employees shall be
promoted from any grade or position to a higher grade or position
only after meeting all minimum requirements associated with the
higher grade or position in question and being certified by the
board.
SECTION 2-339. AppointiVe, dismissal, suspension, and
demotion power.
(A) The city manager shall appoint all heads of departments
with the exception of the Police Chief, City Clerk, and Fire Chief.
The heads of departments shall appoint all subordinates. All
appointments will be made from certified applicants to be furnished
by the Civil Service Board.
(B) The city manager has the right to dismiss, demote, or
suspend any head of a department except the Police Chief, City
Clerk, and Fire Chief. The head of a department has the right to
suspend, dismiss, or demote subordinates, for the causes set forth
in this'ordinance or in accordance with the provisions of the civil
service or personnel rules and regulations.
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(C) Any and all removals, suspensions, or demotions for any
cause are~ubject to appeal to the Civil Service Board as provided
in section 2-342.
(D) The city commission shall appoint the City Clerk, Police
Chief, and Fire Chief from certified applicants to be furnished by
the Civil Service Board.
SECTION 2-340. Causes for suspension, demotion, or dismissal:
Any non-probationary member of the civil service may be suspended,
demoted, or dismissed only for cause. Cause for suspension,
demotion, or dismissal ~hall include, but not be limited to,'neglect
of duties, inefficiency, insubordination, conduct unbecoming a
public employee, misconduct, conviction of any crime involving moral
turpitude, or violation of the provisions of this ordinance, or
violation of office, personnel or civil service rules.
Nothing in this ordinance shall be construed to supersede the
provisions of Chapter 447, Florida Statutes.
SECTION 2-341. Dismissal, suspension, and demotion of
employees:
(A) 'Any appointing authority may dismiss, suspend, or demote
a subordinate for cause as stated in sections 2-340 and 2-350;
however, the reasons for such action shall be sent to the
subordinate in writing by mail or'by hand delivery within 36 hours.
No hearing is required of the appointing authority in such
instances. If the subordinate that is dismissed, suspended, or
demoted desires a hearing before the Civil Service Board, the
subordinate shall apply therefore as provided in section 2-342(A).
(B) Written charges may be preferred by the authority which
appointed such subordinate, the city commission, the city manager,
any taxpayer, or any qualified elector of the city, against any
employee in the classified service, and the board shall give such
employee an opportunity to be heard in his/her own defense. Such
charges shall be investigated, heard, and determined by the board,
and its findings and.judgment certified to the appointing authority
for enforcement.
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(C) Any taxpayer or qualified elector who prefers charges
against a~y civil service employee shall send a signed copy of such
charges filed with the board to the employee by registered mall at
the time said charges are filed with the board.
SECTION 2-342. Right of appeal:
(A) Any non-probationary employee within the civil service
has the right, within 10 calendar days after receipt of a notice of
dismissal, suspension, or demotion, to appeal to the Civil Service
Board.
(B) Should any ~on-probationary civil service employee, who
has been dismissed, suspended, or demoted fail to appeal to the
Civil 'Service Board within 10 calendar days from date of
notification of such dismissal, suspension, or demotion, said action
shall stand approved by the Civil Service Board without any further
or special action on the part of the Board.
SECTION 2-343. Hearing by the Civil Service Board:
(A) Upon receipt of an appeal submitted in accordance with
section 2-342 the Civil Service Board shall schedule a hearing. The
authoritywhich made the dismissal, suspension, or demotion, and the
employee affected thereby shall be notified of the date, hour, and
place the hearing will be held. Said notice shall be delivered to
said persons by any member of the Sanford police department or by
registered return receipt mail. Any police officer delivering
notices required by this section shall immediately submit a report
to the Civil Service Board of the time and date each notice was
delivered.
(B) After not less than 5 days from the date of delivery of
notice required by subsection (A), the board shall hear evidence for
and against the action taken by the authority.
(C) All hearings by the Civil Service Board shall be held in
a designated room of the city hall in Sanford.
All hearings shall be open to the public.
(E) Hearings may be adjourned from day to day.
(F) The authority effecting such dismissal, suspension, or
demotion and the employees affected thereby shall have the right to
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produce witnesses to support their respective positions, to be
represent~e~by counsel, and to have witnesses summoned to testify in
their behalf.
(G) Witnesses summoned shall be entitled to a reasonable
monetary fee for each day or part of a day's attendance at a
hearing. The amount of said fee shall be determined by the Civil
Service Board, and be specified in the Civil Service Board rules and
regulations. However, the city shall bear the expens~ of not more
than four witnesses appearing at a hearing.
(H) In the cour%e of conducting hearings in accordance with
the provisions of this section, each board member shall have the
power to administer oaths, and the board shall have the power to
require the city clerk to subpoena both the attendance and testimony
of witnesses and the production of books and papers,relevant to such
hearings.
(I) Any employee of the City of Sanford served with a
subpoena issued by the city clerk at the request of the Civil
Service Board to appear and testify or to produce books and papers
and who shall refuse or neglect to appear or testify or to produce
books and papers relevant to a hearing is subject to dismissal from
city employment.
SECTION 2-344. Judgment of'Civil Service Board:
(A) After hearing evidence, the Civil Service Board may
affirm or reverse the action of the authority in dismissing,
suspending, or demoting an employee. Further, it is the prerogative
of the board to mitigate the sentence imposed by the appointing
authority when the evidence presented indicates that such mitigation
is warranted. The judgment of the board shall be recorded in its
minutes and certified to the authority who initiated the charges.
(B.) If the action of the authority is reversed and without
mitigation, the employee affected shall be restored to his rank and
seniority and paid the compensation to which he/she would have
otherwise been entitled.
(C) If the action of the authority is affirmed, then the
employee shall be held to have been dismissed, suspended, or demoted
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a~ of the date of action of such authority. No appeal to the city
commisSi~ from the judgment of the Civil Service Board shall be
allowed, but such judgment shall be subject to review by the courts.
(D) If the action of the appointing authority is mitigated,
the findings and judgment of the Civil Service Board shall be
certified to said authority for enforcement.
SECTION 2-345. Dismissal of excessive employee:
(A) Whenever it becomes known to any appointing ~uthority or
to the city commission that any department of the city has an
excessive number of employees, such fact shall be reported to the
Civil Service Board and the excessive number of employees shall be
dismissed.
(B) Persons who stand last in rank or grade, and last in
point of seniority in that rank or grade shall be the first
dismissed. This procedure for dismissal shall continue until the
excessive number of employees has been reduced.
(C) Any person dismissed under the provisions of this
section shall be placed on a preferred list of the civil service
board and shall be given priority for emplo!auent, in event a vacancy
occurs, in the department form which dismissed.
(D) Those persons who have been placed on the preferred
list shall be reemployed in ~heir'respective order as to rank and
seniority standing at time of dismissal.
(E) The Civil Service Board shall not recormnend for
emplo~raent any person on the regular eligibility list until all
persons on the preferred list have been employed, or have indicated
that employment with the city is not desired.
SECTION 2-346. Military service: Any permanent employee of
the classified service of the City of Sanford may obtain a leave of
absence to enter active service with any branch of the United States
military forces during a period of national emergency, or to serve
an obligated term of service in accordance with the most recent
applicable federal statutes. The Civil Service Board shall be
notified, and said leave of absence shall be governed by the
existing applicable federal and or state law in force at that time.
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SECTION 2-347. Furnishing list of employees:
(A)/ The city commission and the heads, chiefs, or
superintendents of each department or division of the city whose
employees are embraced in the Civil Service System, shall, at the
request of the Civil Service Board, furnish the board a list of all
~nployees in their respective departments, together with such other
information relative to the employment of an employee as the board
may desire. The list will include and designate the employees who
are provisional, temporary, and part time.
(B) The Civil .Service Board will be notified when any
provisional, temporary, or part-time employees are engaged to work
for the city.
SECTION 2-348. Rules and regulations of chiefs or heads of
departments: The chief or heads of departments ma~ adopt rules and
regulations for the conduct of their respective departments, but
such rules and regulations shall not be in conflict with this
ordinance, or with the rules and regulations heretofore or hereafter
adopted by the Civil Service Board.
SECTION 2-349. Amendment and changes to rules and
regulations: The rules and regulations adopted by the Civil Service
Board may be amended or changed, but such amendment or change shall
not become effective until those 'amendments or changes have been
provided to those employees embraced by the Civil Service System in
accordance with the provisions of section 2-327.
SECTION 2-350. Subscription or contribution to any municipal
political purpose forbidden: No member of the civil service shall
solicit orally or by letter or receive or pay, or be in any manner
concerned in soliciting, receiving, or paying any assessment,
subscription, or contribution to any municipal political purpose
whatever.
SECTION 2-351. Use of political influence in municipal
elections forbidden: No member of the civil service shall use
his/her official authority or influence to attempt to influence or
coerce the political action of any person or body, or to in any way
interfere with any nomination or election to municipal office. No
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member of the civil service shall take part in the conduct of any
municipal~lection campaign further than to vote or to perform any
official duty in connection therewith.
SECTION 2-352. Authority to employ an attorney: The Civil
Service Board has the right to employ, on a need basis, an attorney
to represent it in any controversy which may arise in the courts
affecting it. Any attorney so employed under the provisions of this
section shall be paid by the treasurer of the City of ~anford.
SECTION 2-353. The title, right and ownership of real and
personal property held oF owned by the Civil Service Board abolished
by section 1 shall pass to and be vested in the Civil Service Board
hereby established to succeed said board.
SECTION 2-354. Amendments to Civil Service Ordinance. The
City of Sanford may, by a favorable vote of four of the
total members of the City Commission, adopt by ordinance amendments
to section or sections of this Ordinance except the City Commission
shall not adopt any amendment which adversely affects existing
vested rights of members of the Civil Service System. Upon adoption
of an amendment to this ordinance, the City of Sanford shall have
said amendment incorporated in the ordinance and shall file the
revised ordinance with the City Clerk,
SECTION 3: AMENDMENT OF CODE OF ORDINANCES. The Code
of Ordinances of the City of Sanford, Florida, be and the same is
hereby amended in accordance with the terms, provisions, and
conditions of this Ordinance. Further, that the sections of this
Ordinance may be tenumbered or relettered to accomplish said
amendment and the word "ordinance" may be changed to "Section",
"Article", or other appropriate word.
SECTION 4: SEVERABILITY. If any section, sentence,
phrase, word, or portion of this Ordinance is determined to be
invalid, unlawful, or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force, or effect of
any other section, sentence, phrase, word, or portion of this
Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
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SECTION 5: CONFLICTS. All ordinances or resolutions or
parts of 9~dinances or resolutions in conflict herewith are hereby
repealed to the extent of any conflict.
SECTION 6: EFFECTIVEDATE. This Ordinance shall become
effective immediately upon passage and adoption.
A.D. 1991.
ATTEST:
CI~EY CLERK ~
CITY OF SANFORD, FLORIDA
CERTIFICATE.
~, Linda L. Brace, Acting City Clerk of the City of Sanfcrd,
Florida, do herebycertify that the foregoing is a true and correct
copy of the foregoing OrdinanCe No. 3058, PASSED AND ADOPTED bythe
City Commission of the City of Sanford, Florida, on the 25th day of
March, 1991, was posted at the front door of the City Hall in the
City of Sanford, Florida, on the 26th day of March, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Sanford, Florida, this 26th day of
March, 1991. ~~~
~s the ACting City Clerk of
the City of Sanford, Florida
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