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HomeMy WebLinkAboutO-15-08 City Seal & LogoORDINANCE NO. 0-15-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-1 OF CHAPTER 2, ARTICLE I OF THE CODE OF ORDINANCES PERTAINING TO THE CITY SEAL; PROVIDING FOR DESIGNATION OF CITY SEAL AND CITY LOGO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1924, the newly formed City of Sebastian adopted an official seal by motion with the words "Town of Sebastian, Florida" surrounding the word "Seat' and in 1925 "Town of Sebastian" was changed to "City of Sebastian"and the seal updated accordingly; and WHEREAS, pursuant to an agreement between the City and Curt Oxford Woodcarver, Inc. and Curt Oxford, individually, dated May 10, 2000, the City received a donation of the design copyright; and WHEREAS, City Council approved Resolution No. R-00-43 adopting a new City seal and City logo, which referred to the Oxford logo and which is used today in City entry signs, letterhead, City pins, City vehicles, City buildings and for other City promotional `activities, and at the same time retired the old logo used since the 1970s; and WHEREAS, Florida Statutes Section 165.043 provides that municipalities may designate by ordinance an official city seal and provide that use by any party except by municipal officials or employees in the performance of their duties without the express approval of the governing body is a second degree misdemeanor; and WHEREAS, reference to the new City logo as the City seal causes confusion since the City seal used in attestation of documents continues to be the seal approved by City Council in 1924/1925; and to alleviate any confusion over the difference between seal and logo, an ordinance designating each is in order. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 2-1, of Chapter 2, Article I, of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: "Sec. 2-1. — Official City Seal and Official City LQW. I --The official seal of the city as established in this code shall be a round seal and bear the legend 'City of Sebastian, Sebastian, Florida, and in the center "Seal". The city seal shall be used only or official City of Sebastian business. Any unauthorized use of the city seal is a second decree 1" •1 ••• • 1" 1.. �" RI -• •I •" • L41 111•ll 11r.1m1 •1 the code of ordinances. punishable in accordance with 1 un HOME OF PELICAN ISLAND Section 2. CONFLICT. All ordinances and resolutions or parts thereof in conflict are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member Hill The motion was seconded by Council Member McPartlan and, upon being put to a vote, the vote was as follows: Mayor Gillmor aye Vice Mayor Adams —}ye__ Council Member aye Council Member aye Council Member aye The Mayor thereupon declared this Ordinance duly passed and adopted this 18th day of November 2015. ATTE Sally A. Mai , MMC — City Clerk (seal) Approved as to Form and Legality for Rel' ce by the City of Sebastian only: Robert A. Ginsburg, City Attorney