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HomeMy WebLinkAboutItem #08 First Reading of Ordinance Revising Language for the Official Municipal Seal of the City and Adopting New Language for Official City LogosOC`C)PF? f orlda AGENDA ITEM COVER SHEET Meeting Date: February 20, 2018 Item # 0 Contact Name: Al Butler, Director Contact Number: 407-554-7063 Reviewed By: Department Director: City Manager: Subject: First Reading of Ordinance Revising Language for the Official Municipal I City and Adopting New Language for Official City Logos, Background Summary: The adoption of an official seal by units of local government, including cities, is authorized in section 165.043, Florida Statutes. In accordance with this statute, the City originally adopted an official seal via Ordinance 94-27 on November 15, 1994. This seal was subsequently modified by Ordinance 2002-26 on December 17, 2002, to change the words on the seal. Florida law provides various protections for the use of the official City seal, including specific penalties for its misuse. Logos and other similar "marks" that are created and used by local governments are not protected pursuant to the authority stated in section 165.043, Florida Statutes. Such logos and marks must be protected from misuse by other means, including establishing the marks and logos in ordinance as well as registering the marks with the state. The City Commission adopted the current passion flower logo at its April 6, 2013 meeting. Subsequent to this Commission action, the "passion flower" logo has been incorporated into the design of equipment, letterhead, and uniforms, as these have been replaced in the normal course of operation. The result has been that the City now utilizes a number of logos for various purposes. The draft ordinance proposes to formally adopt the passion flower logo endorsed by the City Commission in 2013 and also formally adopts the logos that continue to be used by various City operational departments and units. The draft Ordinance will repeal the current codification of the City Seal in order to move this language to a new Article IV in Chapter 1 of the Code, where the language regarding City logos will also be added. The proposed City Seal and all four versions of the passion flower logo are unchanged from their current form. The city's Police and Fire Departments have separate, service - specific logos they use that are derived from standard designs used by these public service agencies. Additionally, in another process, the logos will be registered with the State. Issue: Should the City Commission adopt the attached Ordinance regarding the City Seal and City logos? Recommendation: Staff recommends that the City Commission adopt the attached Ordinance regarding the City Seal and City Logos. A second reading and public hearing will be scheduled for the City Commission's March 6, 2018 meeting. It is also recommended that the City Attorney work with City staff to secure and renew, when required, State of Florida and U.S. trademark and/or service mark protection, as appropriate, for the officially adopted City Seal and logos. City staff will also work to develop uniform patches and badges that are consistent with the logos contained in the Ordinance. These new patches and badges will be put into place as the current supply is replaced. Attachment: Proposed Ordinance. Financial Impact: There is no cost in re -adopting the City Seal. The cost of registering the four City logos is estimated to be less than $5,000 and will be handled as part of the City's legal expenses. Use of the included seal and logos will not impose any additional cost on the City. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) Reviewed by Dana Crosby -Collier N/A N/A N/A ORDINANCE 2018 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CREATING ARTICLE IV OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATED TO OFFICIAL CITY SEALS AND LOGOS; REPEALING SECTION 1- 11.1 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, RELATING TO THE CITY SEAL; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article Vlll of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, Section 165.043, Florida Statutes, establishes the authority for municipalities to adopt official seals and provides for the municipality to regulate the manufacture, use, display, or other employment of any facsimile or reproduction of the municipal seal; and WHEREAS, Florida laws allow units of local government to register their marks and logos in order to protect its use from persons other than City officials, staff, or other parties acting on behalf of a the City; and WHEREAS, the City seeks to ensure clarity and consistency in the use of its official seals and logos; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and are incorporated herein by this reference. Section 2. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 165 and 166, Florida Statutes. Section 3. Addition to City Code. A new Article IV is added to Chapter 1 of the Code of Ordinances of the City of Ocoee, relating to the City's official seals and logos: ARTICLE IV — Official Seals and Logos. §1-15. — Legislative findings and intent. From time to time, the City Commission, Mayor, the City Manager, and the City Clerk need to be able to use an official seal, as authorized by §165.043, Florida Statutes, to indicate the authority of the City on documents of legal significance or import and as symbols of their offices and authority. In addition, all City officials, employees, departments, and agencies should use an official logo to indicate the involvement, sponsorship, support, or ownership of the City in various publications, letterhead, presentations, signs, other facilities, and vehicles that do not have legal import. Thus, the legislative intent of this article is: (1) designate the official city seal that may be used to authenticate documents, symbolize their office, or otherwise represent the official and legal action or position of the City; (2) designate the official city logo(s) that may be used to identify officials, employees, facilities, vehicles, events, departments, agencies, and other elements of the City; and (3) to provide for enforcement in the event of misuse of the seal or logo. §1-16. — Definitions. For purposes of this article, the following terms shall have the meanings set forth in this section: • CITY SEAL means the official seal of the City as a visual design, shown below, that is displayed in any form or manner, whether painted, drawn, printed, electronically reproduced, stamped, embossed, or otherwise presented in any color or combination of colors. *,/CORPORATE \ O'SEAL 141C COUNT:(•,• f • CITY LOGO means the officially adopted logo representing the City in general, as shown below, displayed in any form or manner, whether painted, drawn, printed, electronically reproduced, stamped, embossed, or otherwise presented in any color or in outline form, and with or without the name of the City and State shown below the graphical image. Color Logo Black & White Logo Ocoee florida florida Color Logo with Words Black & White Logo with Words • OCOEE POLICE LOGO means the officially adopted logo representing the City's Police Department, generally as shown below, displayed in any form or manner, whether painted, drawn, printed, electronically reproduced, stamped, embossed, or otherwise presented in any color, combination of colors, black & white, or in outline form, and with the position of key words however arranged and using any lettering font. • OCOEE FIRE LOGO means the officially adopted logo representing the City's Fire Department, generally as shown below, displayed in any form or manner, whether painted, drawn, printed, electronically reproduced, stamped, embossed, or otherwise presented in any color, combination of colors, black & white, or in outline form, and with the position of key words however arranged and using any lettering font. §1-17. — Adoption of Official Seal. A. The City Seal is hereby adopted as the official seal of the City, as authorized by §165.043, Florida Statutes, with all the rights and authorities therein provided. Due to the variations of manufacturing practices and other minor technical aspects of the process of producing an official seal for the purposes of reproduction and application, slight differences in the structure and appearance of the seal are permitted without reducing its validity and authority. B. The City Clerk shall be the custodian of the official seal of the City. C. The City seal may be applied to legal documents and other instruments of the City, when appropriate, by the City Clerk, Deputy City Clerk, City Manager, Assistant City Manager, or anyone acting for one or more of these named persons, as necessary or desirable to signify the approval, authorization, acceptance, adoption, enactment, or execution thereof by the City Commission. §1-18. —Adoption of Official Logos. A. The City Logo is hereby adopted as the official logo of the City. A copy of this logo shall remain on file with the City Clerk. All City officials, employees, and departments are hereby authorized and directed to use the City logo, as necessary or desirable, to indicate the ownership, sponsorship, aegis, endorsement, or other involvement of the City. Depending on the application, the logo may be reproduced and displayed with or without the words and in a color appropriate to the use and available in the applicable medium; however, to the extent reasonable, the color version shown in §1-16, above, should be used. B. The Ocoee Police Logo is hereby adopted as the official logo of the City Police Department. A copy of this logo shall remain on file with the City Clerk. All City Police Department employees are hereby authorized and directed to use the Ocoee Police Logo, as necessary or desirable, to indicate the ownership, sponsorship, aegis, endorsement, or other involvement of the City Police Department. Depending on the application, the logo may be reproduced and displayed in a color appropriate to the use and available in the applicable medium; however, to the extent reasonable, the color version shown in §1-16, above, should be used. C. The Ocoee Fire Logo is hereby adopted as the official logo of the City Fire Department. A copy of this logo shall remain on file with the City Clerk. All City Fire Department employees are hereby authorized and directed to use the Ocoee Fire Logo, as necessary or desirable, to indicate the ownership, sponsorship, aegis, endorsement, or other involvement of the City Fire Department. Depending on the application, the logo may be reproduced and displayed in a color appropriate to the use and available in the applicable medium; however, to the extent reasonable, the color version shown in §1-16, above, should be used. §1-19. — Protection for City Logos. A. No person, except City officials or employees in the performance of their official duties, shall manufacture, use or display the Official Municipal Seal of the City of Ocoee or a facsimile or reproduction thereof without the express approval of the City Commission. B. The officially adopted City logos may be used by non -city entities only with the prior express written approval of the City Manager or his or her authorized designee; however, vendors applying a City Logo to formal bids, proposals, or other marketing materials that are submitted to the City pursuant to a competitive solicitation by the City is not deemed a violation of this code.. C. The City Manager, or other staff authorized by him or her, and the City Attorney are hereby authorized to protect the City's property rights inherent in the adoption of the official seal and logos under State and U.S. trademark and service mark protection laws. Further, the City Attorney, when so directed by the City Manager, is authorized to pursue injunctive and other forms of relief to halt or prevent any misuse of the City's various logos by unauthorized persons and organizations. §1-20. — Enforcement; penalties. A. Violations of subsection 1-19A shall be punished as provided in section 165.043, Florida Statutes. B. Violations of subsection 1-19B shall be punished pursuant to section 1-12 of this Code. C. Each individual act constituting a violation of section 1-19 shall constitute a separate offense. Further, the City shall be entitled to seek injunctive relief to halt or prevent any violations of this article. Section 4. Section 1-11.1. Section 1-11.1 of the City Code of the City of Ocoee is hereby repealed. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the City of Ocoee Code of Ordinances. Sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS _ DAY OF , 2018. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney day of , 2018. APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED , 2018 READ FIRST TIME , 2018 READ SECOND TIME AND ADOPTED .2018 UNDER AGENDA ITEM NO.