Item V (A) 1 Public Hearing, Second Reading of Ordinance No 94-27, adopting current City Seal AGENDA 11-15-94
Item V A 1
FOLEY & LARDNER
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MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney
DATE: October 26, 1994
RE: Ordinance No. 94- 27 ; Designation of
Official Municipal Seal
On March 6, 1990 the City Commission adopted Resolution No.
90-03 designating an official corporate seal. It has recently come
to our attention that under subsequently enacted legislation the
Resolution is inadequate to prohibit unauthorized use of the
Official Ocoee Municipal Seal. Pursuant to Section 165. 043,
Florida Statutes, the City Commission may by ordinance designate an
official municipal seal and after being so designated any
unauthorized use of such seal would constitute a second degree
misdemeanor. Attached hereto is proposed Ordinance No. 94- 27 .
The adoption of this ordinance will assist in preventing the
unauthorized use of the Ocoee Municipal Seal.
RECOMMENDATION:
It respectfully is recommended that the City Commission
approve Ordinance No. 94- 27 , authorizing execution thereof by the
Mayor and City Clerk.
PER:dh
C:\WPSI\DOCS\OCOE MEMOS\PERDDHI0.263 10/2&941 DEBBLEH I PER:dh
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ORDINANCE NO. 94- 27
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO DESIGNATION OF AN OFFICIAL
MUNICIPAL SEAL; CREATING A NEW SECTION 1-11.1
OF THE OCOEE CITY CODE DESIGNATING THE
OFFICIAL MUNICIPAL SEAL AND LIMITING THE USE
THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 6, 1990, the City of Ocoee adopted
Resolution 90-03 designating the official corporate seal; and
WHEREAS, Section 165 . 043 , Florida Statutes, effective May
9 , 1991, provides that a municipality may designate an official
municipal seal by ordinance and that upon such designation the
unauthorized manufacture, use, display or other employment of any
facsimile or reproduction of the municipal seal will be a second-
degree misdemeanor; and
WHEREAS, the City of Ocoee desires to designate an
official municipal seal in accordance with Section 165 . 043 , Florida
Statutes .
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. 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 Section 165 . 043 and
Chapter 166, Florida Statutes .
SECTION TWO. A new Section 1-11 . 1 of Article I of
Chapter 1 of the Code of Ordinances of the City of Ocoee, Florida,
is hereby created to read as follows :
Section 1-11. 1. Official Municipal Seal .
Pursuant to Section 165 . 043 , Florida Statutes, the City
Commission of the City of Ocoee hereby designates the
following as the official municipal seal of the City:
Ocoee
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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.
SECTION THREE. 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 FOUR. 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 Code of Ordinances of the
City; and that 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 FIVE. Effective Date. This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of
Ocoee this day of , 1994.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
ADVERTISED November 3 1994 .
READ FIRST TIME November 1 , 1994.
READ SECOND TIME AND ADOPTED
, 1994,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
TRE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1994 .
FOLEY & LARDNER
By:
City Attorney