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111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. An Ordinance amending Chapter 13, License, creating Article II, Section 13- 31 titled "Use of City's Name" and restricting the expressed or implied use of the City of South Miami or its name by anyone for any purpose. WHEREAS, organizations have used the name "City of South Miami" to promote themselves or their causes and /or to obtain money through grants and other financial vehicles; and WHEREAS, organizations have used the name "City of South Miami" in a manner that wrongfully implies that the City is a partner of or is associated with these organization; and WHEREAS, the City desires to control the use of its name "City of South Miami" and the logo and Official Seal of the City; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. Article II, Section 13 -31 "Use of City's Name, Logo and Seal" is hereby added created as follows: Sec. 13-31. Restrictions on Use of the Name "City of South Miami" and City's Official Seal and logo. All persons are hereby prohibited from using the name, logo or the Official Seal of the City of South Miami, whether directly or indirectly, expressly or impliedly, for any purpose, without the prior written consent of the City. (a) Definitions. As used in this ordinance, the word "person" is intended to and shall mean and include any and all persons, whether natural or corporate, and all other legal entities, whether singular or plural; As used in this ordinance, the word "organization" is intended to and shall mean and include all formal and informal groups, associations, and aggregates of persons, groups and/or associations which are not themselves legal entities, whether singular or plural. As used in this ordinance, the word "use" is intended to and shall mean the express or implied appropriation and publication, whether orally or in writing, printed or in electronic media or in any other means of communication, of the phase "City of South Miami" or a depiction of the Official Seal or logo of the City, in a way that expressly or impliedly creates the perception that the City, or some department thereof, is involved in, or supports in any way, a person or organization in any pursuit, activity, or thing of any kind whatsoever, including but not limited to causes or events. (b) License for Use. Nothing in this ordinance shall restrict the City from entering into a licensing agreement with any person or organization for the use of the City's name, logo or Official Seal for any purpose, provided such licensing agreement is in writing and has been authorized by a duly adopted resolution of the City Commission. Page 1 of 3 Additions shown by underlining and deletions shown by ^•°"crstrikin . I 2 The City Manager, with the advice and consent of the City Commission, may 3 from time to time be authorized by resolution of the City Commission to enter into such 4 licensing agreements on behalf of the City for the use of the City's name, logo or Official 5 Seal. 6 7 (c) Unauthorized Use and Ratification of Unauthorized Use. If any person uses 8 the City's name, logo or Official Seal in any application for a grant, for a loan, or in any 9 other manner, or for any other purpose, either expressly or by implication, and if the 10 intent or result of the use of the City's name, logo or Official Seal is to obtain services 11 and/or tangible and/or intangible property, then the person who obtains the property 12 and/or services, and the person who caused the City's name, logo or Official Seal to be 13 used, shall be presumed to have done so in violation of the requirements this ordinance, 14 and with the knowledge and intent to pay the City for the use of the City's name as set 15 forth hereinafter. However, nothing contained herein shall imply that the City authorizes 16 any use of the City's name, logo or Official Seal without the prior written consent of the 17 City. 18 19 If any person uses the City's name, logo or Official Seal without the written 20 consent of the City and if the City should thereafter ratify the use by resolution of the 21 City Commission, the person who uses the City's name, logo or Official Seal with intent 22 to obtain property and/or services, and the person who caused the City's name, logo or 23 Official Seal to be used, shall pay to the City an amount equal to twenty (25 %) percent of 24 the funds due or payable to each of them and in an amount equal to twenty (25 %) percent 25 of the value of the property and/or services that are received by each of them, or that is 26 due or payable to each of them. The person who used the City's name, logo or Official 27 Seal without the City's initial consent and/or the person who caused the unauthorized use 28 of the City's name, logo or Official Seal without the City's initial consent and who fails 29 to pay the City for the use of the City's name, logo or Official Seal, shall be jointly and 30 severally liable to the City in damages for the amount set forth in this section to be paid 31 to the City for the unauthorized use of the City's name, logo or Official Seal. All 32 payments made to the City of South Miami. in compliance with this ordinance shall be 33 unrestricted and undesignated. 34 35 (d) Injunction for Unauthorized Use. In the event that a person intends to use the 36 City's name, logo or Official Seal without the City's consent, the City shall have the right 37 to seek an injunction to prevent such use. In the event that a person uses the City's name, 38 logo or Official Seal without the City's consent, the City shall have the right to an 39 injunction to prevent future use as well as damages for the unauthorized use of the City's 40 name in an amount as set forth in subsection (c ) in this section. 41 42 ,(e) Application for Grants, etc. Nothing in this ordinance shall restrict the City 43 Manager, or his/her designee, from using the City's name, logo or Official Seal when 44 applying for grants or awards, or otherwise applying for money, property or 45 services, provided that the City Manager shall not execute any contract or 46 agreement for the use of the City's name, logo or Official Seal by a person or Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 organization without first obtaining authorization from the City Commission by way of resolution. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and that the word 'ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective ten days after enactment. PASSED AND ENACTED this _ day of , 2011. ATTEST: CITY CLERK lst Reading - 2nd Reading- READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY w:\my documents\resolutions \ordinance city name final.doc APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Page 3 of 3 MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI•DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 2, 2011 In the XXXX Court, was published in said newspaper in the issues of 07/22/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reba ion or refund for the purpose of- securina>thtsadvertsement far publication in the said and subscribed before me this 22 day of JULY , A.D. 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