141 Ordinance No. ____ _
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3 An Ordinance amending Section 13-31 of the City of South Miami Code of
4 Ordinances concerning use of the name "City of South Miami and city's
5 official seal and logo.
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8 WHEREAS, the City of South Miami ("City") has approved a brand for the City; and
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10 WHEREAS, there is a need to provide the City Manager with greater control over the
11 use of the City's name, seal and logo; and
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13 WHEREAS, the ordinance has some grammatical and typographical errors; and
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15 WHEREAS, the ordinance needs to define some additional terms and to be re-
16 numbered to make it easier to read.
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18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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21 Section 1. Section 13-31 of the City of South Miami Code is hereby amended to read as
22 follows:
23
24 Sec. 13-31 Restriction on the use of the name "City of South Miami" and city's official
25 seal and logo. All persons are hereby prohibited from using the name, logo or the official
26 seal of the City of South Miami, whether directly or indirectly, expressly or by implication
27 impliedly, for any purpose, without the prior written consent of the city manager.
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29 ~ Definitions,-:-~As used in this ordinance, shall have the following meaning:
30 aFtfGIe.
31 the 'NOrd@} "person" is intended to and shall mean and include any and all
32 persons, whether natural or corporate, and all other legal entities and
33 organizations, whether singular or plural;
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35 As used in this article, the word {Ql"organization" is intended to and shall mean
36 and include all formal and informal groups, associations, and aggregates of
3 7 persons, groups and/or associations which are not themselves legal entities,
38 whether singular or plural.
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40 As used in this article, the 'Nord i9 "use" is intended to and shall mean the
41 express or implied appropriation and publication, whether orally or in writing,
42 printed or in electronic any other media or in any other means of
43 communication, of the phase "City of South Miami" or a depiction of the official
44 seal or any official logo of the city, in a way that expressly or by implication
45 impliedly creates the perception that the city, and/or some department thereof,
46 its departments, agencies or programs, is-are involved in, or supports or
47 endorse in any way, a person or organization in any pursuit, activity, or thing of
48 any kind whatsoever, including but not limited to causes or events.
49
50 (d) "property" means all real property as well as all tangible and intangible
51 personal property.
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f9j@ License for use. Nothing in this article shall restrict the city manager 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 and without monetary
consideration, provided such licensing agreement is in writing and signed by the
City Manager. However, and has been authorized by a duly adopted resolution
of the city commission. T!he 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 StJGR.-licensing agreements with revenue generating
potential on behalf of the city for the use of the city's name, logo.§ or official seal.
fG}.Q} Unauthorized use and ratification of unauthorized use.
(a) It shall be unlawful for -If any person to uses the city's name, 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, without proper
written authorization by the city manager,-aru:l"._ lif the intent or result of the
use of the city's name, logo.§ or official seal is to obtain services and/or
tangible and/or intangible property, then the person who obtains the property
and/or services, and the person who caused the city's name, logo or official
seal to be used, shall be presumed to have done so in violation of the
requirements of this ordinance artiGIe, and with the knowledge and intent to
pay the city for the use of the city's name, 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 manager.
fQLlf 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, without proper
written authorization by the city manager, and if the intent or result of the use
of the city's name, logos and/or city seal is not just 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 and/or 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 artiGIe, and with the knowledge and intent to
pay the city for the use of the city's name, logos and/or city seal as set forth
hereinafter. H~owever, nothing contained herein shall imply that the city
authorizes any use of the city's name, logos and/or city seal without the prior
written consent of the city manager.
(Ql If any person uses the city's name, logo.§ or official seal without the
written consent of the city manager and if the city should thereafter ratify the
use by written authority of the city manager or 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 to
be determined by the city, but in no event shall it exceed an amount equal to
twenty-five (25) percent of the funds potentially due or payable to each of
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1 them and the value of the goods and services received by them. and in an
2 amount equal to twenty five (25) percent of the value of the property and/or
3 services that are received by each of them, or that is due or payable to each
4 of them.
5
6 {Ql The person who used the city's name, logo and/or official seal without
7 the city~ manager's initial consent and/or the person who caused the
8 unauthorized use of the city's name, logo and/or official seal without the city~
9 manager's J.A.iti.al-consent and who fails to pay the city for the use of the city's
10 name, logo .@.ill!Lor official seal .. shall be jointly and severally liable to the city
11 in damages for the same amount as is required in subsection (c) above when
12 the use is ratified set forth in this section to be paid to the city for the
13 unauthorized use of the city's name, logo and/or official seal as well as pre-
14 judgment interest at the statutory rate and a penalty as set forth hereinbelow.
15 All payments made to the City of South Miami in compliance with this article
16 shall be unrestricted and undesignated.
17
18 ~ All payments made to the City of South Miami in compliance with this
19 ordinance affiGIe shall be unrestricted and undesignated.
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21 (€It ill Injunction for unauthorized use. In the event that a person intends to use
22 the city's name, logo and/or official seal without the city's consent, the city shall
23 have the right to seek an injunction to prevent such use. In the event that a
24 person uses the city's name, logo or official seal without the city's consent, the
25 city shall have the right to an injunction to prevent future use as well as damages
26 for the unauthorized use of the city's name, logo or official seal in an amount as
27 set forth in subsection tc)--@}..in this section ordinance.
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29 {e1 @ Application for grants, etc. Nothing in this article shall restrict the city
30 manager, or his/her designee, from using the city's name, logo§. or official seal
31 when applying for grants or awards, or otherwise applying for money, property or
32 services.~ QProvided however, that the city manager shall not execute any
33 contract or agreement for the use of the city's name, logo or official seal by a
34 person or organization without first obtaining authorization from the city
35 commission by way of resolution.
36
37 (6) Nothing contained herein shall apply to the use of the city's name, seal or
38 logo on the "letterhead" or business cards of the city manager, city cleft... city
39 attorney and the city's elected officials.
40
41 (7) Penalty for unauthorized use. It shall be unlawful to use the City's name, logo
42 or official seal without the prior written consent of the City Manager. Any person
43 who violates this ordinance shall pay a fine of $250, or such other amount as
44 may be set forth in the City's Fee and Fine Schedule, in addition to any fees for
45 the use of the City's name, logo or official seal as set forth in this ordinance.
46
47 Section 2. Codification. The provisions of this ordinance shall become and be made
48 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
49 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
50 "ordinance" may be changed to "section" or other appropriate word.
51
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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
sections 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.
PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
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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
M. ZALDIVAR, 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
NOTICE OF PUBLIC HEARING FOR 5/20/2014
in the XXX X Court,
was published in said newspaper in the issues of
05/09/2014
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, rebate, commission or refund for the purpose
of securing this advertisem nt r publication in the said
newspaper.
M. ZALDIVAR personally known to me
., ..... ,,!>. t. THOMAS ol" ~.~ .,. ~~'-Notary Public· State 01 FlOnva i~ .S My Comm. Expires Nov 2.2017 \ ~I commt.~on # FF 034747 ~. ~ 'f\VOIItft Matloftal tlGtaty AsaR.
30SE I SUNDAY, MAY 2014 SE MiamiHerald.com MIAMI HERALD
~ 1~~~~: , '" ~ .~
In partnership with the Office of the Honorable Dennis C. Moss,
Miami-Dade County Commissioner, District 9
Guest Speaker: Matthew Woodfork, Ph.D.
Moderator: Robert Sawyer, L.M.H.C.
ThurSday, May 15th I 6:00 p.m. -8:30 p.m.
South Dade Regional Library
10750 SIN 211th Street, Cutler Bay, FL 33189
" REG!STER Today: http://tinyurJ.com/BlackMaieSouth
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5753 Bird Rd I Miami, FL 33155 I 305-667-3772
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular
City Commission meeting scheduled for Tuesday May 20 2014 beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution approving the amendment to the multi-year contract between the City 01 South Miami and Steven Alexander for
City Manager Services.
A Resolution authorizing the City Manager to execute a three (3) year inter-local agreement oetween Miami-Dade County,
Miami-Dade Police department, and the City of South Miami for School Crossing Guard Services for 201412015, 2015/2016 and
201612017 sohool years.
A Resolution authorizing the City Manager to enter into a two (2) year contract with Downtown Towing with the option of
three (3) one (1) year additional periods of service.
An Ordinance amending Section 20-3.3(E) of the City of South Miami land Development Code conceming outdoor seating and
dining requirements for all commercial properties, except for properties in the AO -Residential Office zoning district
(
An Ordinance amending Section 13-31 of the City of South Miami Code of Ordinances concerning use of the name)
"City of South Miami and city's official seal and logo.
An Ordinance amending Section 20-2.3 -Definitions, to include a definition for Temporary Structures and Section 20~3.6(O
entitled Accessory Structures or Uses.
An Ordinance of the City of South Miami, Florida amending fue land Development Code, Section 20-4.5 repealing subsections
(h), (i), 01, (k), (I), (m) and (n) and adding section 20-4.5.1 titled "tree protection" including, but not limited to, provisions
concerning intent, definitions, applicability and providing for tree removal requirements, applications, permits, fees tree
mitigation and protection, enforcement, penalties, remedies, and appeals.
An Ordinance amending the City of South Miami Code of Ordinances, Section 2-2.1 and adding subsection (0) to
establish, pursuant to Section 286.0115, Florida Statutes, a procedure governing ex parte communications in connection
with quasi-judicial matters.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305~663-6340.
Maria M. Menendez, CMC
City Cieri<
Pursuant to Florida Statutes 286.0105,the City hereby advises the pu blic that ifa person decides to appeal any decision made by thls Board,Age ncyorCommission
with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need
to ensure that a verbatim record of the proceedings is made which record indudes the testimony and evidence upon which the appeal is 10 be based.
e
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