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1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Chapter 13, License, creating Article II, Section 13-
4 31 titled "Use of City's Name" and restricting the expressed or implied use of
5 the City of South Miami or its name by anyone for any purpose.
6
7 WHEREAS, organizations have used the name "City of South Miami" to promote
8 themselves or their causes andlor to obtain money through grants and other financial vehicles;
9 and
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11 WHEREAS, organizations have used the name "City of South Miami" in a manner that
12 wrongfully implies that the City is a partner of or is associated with these organization; and
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14 WHEREAS, the City desires to control the use of its name "City of South Miami" and
15 the logo and Official Seal of the City;
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17 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
19
20 Section 1. Article II, Section 13-31 "Use of City's Name, Logo and Seal" is hereby
21 atWed created as follows:
22
23 Sec. 13-31. Restrictions on Use of the Name "City of South Miami" and City's
24 Official Seal and logo. All persons are hereby prohibited from using the name, logo or the
25 Official Seal of the City of South Miami, whether directly or indirectly, expressly or impliedly,
26 for any purpose, without the prior written consent of the City.
27 .f!l Definitions.
28 As used in this ordinance, the word "person" is intended to and shall mean and
29 include any and all persons, whether natural or corporate, and all other legal entities,
30 whether singular or plural;
31 As used in this ordinance, the word "organization" is intended to and shall mean
32 and include all formal and informal groups, associations, and aggregates of persons,
33 groups and/or associations which are not themselves legal entities, whether singular or
34 plural.
35 As used in this ordinance, the word "use" is intended to and shall mean the
36 express or implied appropriation and pUblication, whether orally or in writing, printed or
37 in electronic media or in any other means of communication, of the phase "City of South
38 Miami" or a depiction of the Official Seal or logo of the City, in a way that expressly or
39 impliedly creates the perception that the City, or some department thereof, is involved in,
40 or supports in any way, a person or organization in any pursuit, activity, or thing of any
41 kind whatsoever, including but not limited to causes or events.
42
43 (b) License for Use. Nothing in this ordinance shall restrict the City from entering
44 into a licensing agreement with any person or organization for the use of the City's name,
45 logo or Official Seal for any purpose, provided such licensing agreement is in writing and
46 has been authorized by a duly adopted resolution of the City Commission.
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Additions shown by underlining and deletions shown by 9'1erstriking.
1
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.
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7 (c) Unauthorized Use and Ratification of Unauthorized Use. If any person uses
8 the City's l'!a!l'l€, 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 l'!a!l'l€, 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 l'!a!l'l€, logo or Official Seal to be
13 used, shall be presumed to have done so in violation of the requirements of this
14 ordinance, and with the knowledge and intent to pay the City for the use of the City's
15 l'!a!l'l€ logo or Official Seal as set forth hereinafter. However, nothing contained herein
16 shall imply that the City authorizes any use of the City'S name, logo or Official Seal
17 without the prior written consent of the City.
18
19 If any person uses the name "City of South Miami" in a manner that implies
20 official consent by, partnership with, or representation of the City government, in any
21 application for a grant, for a loan, or in any other manner, or for any other purpose, either
22 expressly or by implication, and if the intent or result of the use of the City's name is not
23 just to indicate location or service details, (e.g., "Our organization is located in the City
24 of South Miami" or "We offer discounts to residents of the City of South Miami"), but is
25 to obtain services and/or tangible and/or intangible property, then the person who obtains
26 the property and/or services. and the person who caused the City's name to be used, shall
27 be presumed to have done so in violation of the requirements of this ordinance, and with
28 the knowledge and intent to pay the City for the use of the City's name as set forth
29 hereinafter. However, nothing contained herein shall imply that the City authorizes any
30 use of the City'S name without the prior written consent of the City.
31
32 If any person uses the City'S name, logo or Official Seal without the written
33 consent of the City and if the City should thereafter ratify the use by resolution of the
34 City Commission, the person who uses the City's name, logo or Official Seal with intent
35 to obtain property and/or services, and the person who caused the City'S name, logo or
36 Official Seal to be used, shall pay to the City an amount equal to twenty (25%) percent of
37 the funds due or payable to each of them and in an amount equal to twenty (25%) percent
38 of the value of the property and/or services that are received by each of them, or that is
39 due or payable to each of them. The person who used the City's name, logo or Official
40 Seal without the City'S initial consent and/or the person who caused the unauthorized use
41 of the City's name, logo or Official Seal without the City'S initial consent and who fails
42 to pay the City for the use of the City'S name, logo or Official Seal, shall be jointly and
43 severally liable to the City in damages for the amount set forth in this section to be paid
44 to the City for the unauthorized use of the City'S name, logo or Official Seal. All
45 payments made to the City of South Miami in compliance with this ordinance shall be
46 unrestricted and undesignated.
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1 @ Injunction for Unauthorized Use. In the event that a person intends to use the
2 City's name, logo or Official Seal without the City's consent, the City shall have the right
3 to seek an injunction to prevent such use. In the event that a person uses the City's name,
4 logo or Official Seal without the City's consent, the City shall have the right to an
5 injunction to prevent future use as well as damages for the unauthorized use of the City's
6 name in an amount as set forth in subsection (c ) in this section.
7
8 f£! Application for Grants, etc. Nothing in this ordinance shall restrict the City
9 Manager, or his/her designee, from using the City's name, logo or Official Seal when
10 applying for grants or awards, or otherwise applying for money, property or
11 services, provided that the City Manager shall not execute any contract or
12 agreement for the use of the City's name, logo or Official Seal by a person or
13 organization without first obtaining authorization from the City Commission by
14 way of resolution.
15
16 Section 2. Codification. The provisions of this ordinance shall become and be
17 made part of the Code of Ordinances of the City of South Miami as amended; that the
18 sections of this ordinance may be renumbered or re-lettered to accomplish such intention;
19 and that the word "ordinance" may be changed to "section" or other appropriate word.
20
21 Section 3. Severability. If any section, clause, sentence, or phrase of this
22 ordinance is for any reason held invalid or unconstitutional by a court of competent
23 jurisdiction, this holding shall not affect the validity of the remaining portions of this
24 ordinance.
25
26 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
27 all section and parts of sections of ordinances in direct conflict herewith are hereby
28 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
29 of ordinances, that give the appearance of being in conflict when the two ordinances can
30 be harmonized or when only a portion of the ordinance in conflict needs to be repealed to
31 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending
32 its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that
33 portion that needs to be repealed to harmonize the two ordinances shall be repealed.
34
35 Section 5. Effective Date. This ordinance shall become effective upon
36 enactment.
37
38 PASSED AND ENACTED this _ day of ,2011.
39
40 ATTEST: APPROVED:
41
42
43
44 CITY CLERK MAYOR
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1 st Reading-
2nd Reading-
READ AND APPROVED AS TO FORM
LANGUAGE, EXECUTION AND LEGALITY
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
\\exodus\from powervault\rtaylor\my documents\resolutions\ordinance city name.amended 8.02.11.doc
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MIAMI DAILY BUSINESS REVIEW
Published Daily 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 flk/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 16, 2011
in the XXXX Court,
was published in said newspaper in the issues of
08/05/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miaml~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, rebate, commission or refund for the purpose
of securin . ication in the said
n er.
subscribed before me this
05 day of AUGUST , A.D. 2011
(SEAL)
MARIA MESA personally known to me
THE MIAMI HERALD I MiamiHerald.com
TOWN OF CUTLER BAY
NOTICE OF PUBLIC HEARING
TIle Town of Cutler Bay shall conduct a council meeting on Wednesday, August 17, 2011 at 7:00 p.m.
at the Town of Cutler BayTown Center, Town Council Chambers, 10720 Caribbean Boulevard, CuUer Bay,
Florida 33189. During this meeting, the council will hold a public hearing to consider the following on
second reading:
AN ORDINANCE OFTHE MAYOR AND TOWN COUNCIL OF TIrE
TOWN OF CUTLER BAY, FLORIDA, AMENDING ORDINANCE
1O~13 RELATING TO BURGLAR ALARM REGISTRATION;
PROVIDING FOR A WARNING PERIOD, AND PROVIDING FOR
AN EFFECTIVE DATE.
All persons are invited to appear at this meeting, or to be represented by an agent, or to express their views
in \witing addressed to the town council clo of the town clerk, 10720 Caribbean Boulevard, Suite 105,
Cutler Bay, FL 33189. The documents pertaining to this public hearing may be inspected at the office of the
town clerk during regular working hours. Inquiries may be directed to the town clerk at (30S) 234-4262.
The above items may be continued at this meeting and, under such circumstances, additional legal notice
would not be provided.Any person may contact the town clerk for information as to the status of this item
as a result of the meeting.
PUrsuant to Section 286.0105, Florida Statutes, if any person decides to appeal any decision by the lawn
council with regard to this or any matter, helshe will need to ensure that a verbatim record of the proceedings
IS made, which record Includes the testimony and evidence upon which the appeal Is to be based. This
notice does not constitute consent by the town for the introduction or admission of otherwise inadmissible
evidence, nor does it authorizes challenges or appeals not otherwise allowed by law. In accordance with
theAmerlcans with DisabilitiesAct of 1990, persons needing special accommodation (or hearing impaired)
to participate In this proceeding or to review any documents relative thereto should contact the town clerk
for assistance at (305) 234-4262 no later than four (4) days prior to the proceedings.
CITY OF SOUTH MIAMI
COURTESY NOTICE
Esther B. Coulson, CMC
Town Clerk
NOTICE IS HEREBY given that tl1e City Commission of the City of SOtllh Miami, Florida will conduct Public Hearings
at its regular City Comm!ssion meeting scheduled for Tuesday. August 16, 2011. beginning a17:30 p.m., In the City
CommISsion Chambers, 6130 Sunset Drive, to consIder the following item{s}:
(~ordinance amending Chapter 13, Ucense, creating Article II, Section 13*311itled "Use of CIty's Name" and)
\ restricting the expressed or implled use of the City of South Miami or Us name by anyooe for any purpose.
A Resolution authorizing the City Manager to execute a rlVe~year Software Maintenance Agreementwith parent
cOl'jloralion SunGard Public Sector Inc. for replacement of outdated software for Computer Alded Dispatch (CAD)
services, Records Management System {RMS}, Field Base Reporting System (FBRS) ami annual maintenance
and support tming the Software Ucense and SelVlces Agreement provided by Open Software Solutions, Inc.
(OSSO for the South Miami Police Department's Public Safety Communications System.
An Ordinance amending Chapter 158 entitled ffParks and Recreation" for tl1e regulation of Special Events
including the es!abUshment of requirements for pubUc hearings, providing a process for permitting, the payment
of fees for permits and associated costs, requiring compliance with City laws, and providing for penalties.
For further information, please contact the City Clerk's Office at (305) 663-6340.
ALL tnlerested parties are invited to attend and wUl be heard.
Maria M. Menendez, GMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advlses the public that if a person decides to appeal any decision
made by this Board,Agency or CommiSSion with respect to any matter consfden:d at its meeting or hearing, he Of she will
need a record of the proceedings, and that for such purpose, affected pers(}!1 may need te ensure that a verbatim record
made which record
SE SUNDAY, AUGUST 7, 2011 I 31SE