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RESOLUTION NO. ___ _
A Resolution pursuant to Ordinance No. 23-11-2096, authorizing Mr. Richard
Cahlin to use the South Miami City logo on bicycle clothing to be sold on a not-
for-profit basis to raise money for public (city-sponsored or city-approved)
bicycling initiatives in the City of South Miami.
WHEREAS, Mr. Richard Cahlin, Chairman of the Bicycle Action Committee (BAC) is a non-
profit entity;
WHEREAS, BAC intends to donate all surplus from the sale of the clothing to a charity of
the City's choosing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The Mayor and City Commission hereby authorizes the City Manager to
enter into a licensing agreement with Richard A. Cahlin, Chairman of The Bicycle Action
Committee (BAC) for the use of the City's logo, according to Ordinance No. 23-11-2096 adopted
August 16, 2011, and in accordance with the intent set forth in the above recitals.
Section 2. Mr. Cahlin must complete an application, provide an
indemnification/hold harmless agreement, and proof of insurance naming the City of South
Miami as an additional named insured in amounts and types required by the City Manager, not
to exceed those required for a special event.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ day of ____ -', 2011.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
1
ORDINANCE NO. _2_3_-_1_1_-2_0_9_6_
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 nanle "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 13-3 I "Use of City's Name, Logo and Sea)" 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 .
.!ill. 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
Mianli" 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 dllly adopted resolution of the City Commission.
Page 10f4
Additions shown by underlining and deletions shown by overstriking.
Ord. No. 23-11-2096
The City Manager, with the advice and consent of the City Commission, may
from time to time be authorized by resolution of the City Commission to enter into snch
licensing agreements on behalf of the City for the use of the City's name, logo or Official
Seal.
(c) Unauthorized Use and Ratification of Unauthorized Use. If any person uses
the City's aame, logo or Official Seal in any application for a grant, for a loan, or in any
other manner, or for any other purpose, either expressly or by implication, and if the
intent or result of the use of the City's aame, logo or Official Seal is to obtain services
and/or tangible andlor intangible property, then the person who obtains the property
andlor services, and the person who caused the City's aame, logo or Official Seal to be
used, shall be presumed to have done so in violation of the requirements of this
ordinance, and with the knowledge and intent to pay the City for the use of the City'S
aame logo or Official Seal as set forth hereinafter. However, nothing contained herein
shall imply that the City authorizes any use of the City's name, logo or Official Seal
without the prior written consent of the City.
If any person uses the name "City of South Miami" in a manner that implies
official consent by, partnership with, or representation of the City government, in any·
application for a grant, for a loan, or in any other manner, or for any other purpose, either
expressly or by implication, and if the intent or result of the use of the City's name is not
iust to indicate location or service details, (e.g., "Our organization is located in the City
of South Miami"· or "We offer discounts to residents of the City of South Miami"), but is
to obtain services andlor tangible and/or intangible property, then the person who obtains
the property and/or services, and the person who caused the City's name to be used, shall
be presumed to have done so in violation of the requirements of this ordinance, and with
the knowledge and intent to pay the City for the use of the City's name as set forth
hereinafter. However, nothing contained herein shall imply that the City authorizes any
use of the City's name without the prior written consent of the City.
If any person uses the City's name, logo or Official Seal without the written
consent of the City and if the City should thereafter ratify the use by resolution of the
City Commission, the person who uses the City's name, logo or Official Seal with intent
to obtain property and/or services, and the person who caused the City's name, logo or
Official Seal to be used, shall pay to the City an amount equal to twenty (25%) percent of
the funds due or payable to each of them and in an amount equal to twenty (25%) percent
of the value of the property and/or services that are received by each of them, or that is
due or payable to each of them. The person who used the City'S name, logo or Official
Seal without the City's initial consent and/or the person who caused the unauthorized use
of the City's name, logo or Official Seal without the City's initial consent and who fails
to pay the City for the use of the City's name, logo or Official Seal, shall be jointly and
severally liable to the City in damages for the amount set forth in this section to be paid
to the City for the unauthorized use of the City's name, logo or Official Seal. All
payments made to the City of South Miami in compliance with this ordinance shall be
unrestricted and undesignated.
Page 2 of4
Ord. No. 23-11-2096
@ Injunction for Unauthorized Use. IiJ the event that a person intends to use the
City's name, logo or Official Seal without the City's consent, the City shall have the right
to seek an injunction to prevent such use. In the event that a person uses the City's name,
logo or Official Seal without the City's consent, the City shall have the right to an
injunction to prevent future use as well as damages for the unauthorized use of the City's
name in an amount as set forth in subsection (c ) in this section.
£rl Application for Grants, etc. Nothing in this ordinance shall restrict the City
Manager, or hislher designee, from using the City's name, logo or Official Seal when
applying for grants or awards, or otherwise applying for money, property or
services, provided that the City Manager shall not execute any contract or
agreement for the use of the City's name, logo or Official Seal by a person or
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. Severa bility. 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 hannonized 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 upon
enactment.
PASSED AND ENACTED this ~ day of August, 2011.
ATTEST: APPROVED:
~~~ ITYCLERK
Page 3 of4
Ord. No. 23-11-2096
1st Reading-7/26/11; 8/2/11
2nd Reading-8/ 1 11
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
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