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Home My WebLink AboutO-2002-025 ORDINANCE NO. 2002-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 8 OF ARTICLE 1, PART I OF THE CITY CHARTER TO PROVIDE THAT THE SEAL OF THE CITY OF DANIA BEACH, FLORIDA SHALL BEAR THE LEGEND "BROWARD'S FIRST CITY — DANIA BEACH - INCORPORATED 1904"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 3, 1998, a referendum vote of the electors was conducted and pursuant to a majority vote of the electors, the name of the City of "Dania" was changed to the City of"Dania Beach", Florida; and WHEREAS, the name change of the City prompted the need for a new "seal" of the City to be utilized for the formal execution of City documents; and WHEREAS, Section 8 of Article 1, Part I of the City's Charter reads: "The official seal of the City of Dania, hereby established shall bear the legend 'City of Dania, Broward County, Florida, Seal, Established 1949"'; and WHEREAS, the City Charter Section has been proposed to be amended to reflect the original date of the City's incorporation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That Section 8 of Article 1, Part I of the City Charter of the City of Dania Beach is amended to read as follows: Sec. 8. Seal. The official seal of the City of Dania Beach shall bear the legend "Broward's Ceunty, Florida First City — Dania Beach -Seal, Established 194-9 Incorporated 1904." Page 1 ORDINANCE NO. 2002-025 Section 2. This Ordinance shall be in force and take effect immediately upon its passage and adoption. tion.g p Section 3. If any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. PASSED AND ADOPTED on first reading this 14th day of May, 2002. PASSED AND ADOPTED on second reading this 28th day of May, 2002. ER H. CHAN,JR. MAJOR-COMMISSIONER TTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES HARLENE JbONSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FOR AND CORRECTNESS: BY: I- (� , "�d THOMA J. A'NSBR CITY ATTORNEY Page 2 ORDINANCE NO. 2002-025 CITY OF DANIA BEACH MEMORANDUM TO: Charlene Johnson FROM: Tom Ansbro, City Attorney DATE: May 8, 2002 RE: City Seal; Amending Ordinance Attached is a copy of the "marked-up" version of the ordinance you drafted and a "clean" version (also transmitted by e-mail). Pursuant to Section 165.043, Florida Statutes, "the governing body of a . . . • municipality may, by ordinance, designate an official . . . municipal seal. The manufacture, use, display, or other employment of any facsimile or reproduction of the . . . municipal seal, except by . . . municipal officials or employees in the performance of their official duties, without the express approval of the governing body is a second degree misdemeanor". I recall that somewhere else in the City Code or Charter, a description of the City's official logo appears (describing two "cestas," used in Jai Alai to catch the small ball, the "pelota") and a description of a spinning wheel, representing the antique district. Is there a proposal to amend the City "logo", too, to refer to the new design with the porpoises, starfish and sun (typically, the wording of the seal is found in the circular border surrounding the logo)? I could not find the official current reference in the Code or Charter. TJA:slw Attachments _ INTEROFFICE MEMORANDUM T CITY OF DANIA BEACH `. CITY CLERK DEPARTMENT TO: Ivan Pato, City Manager Thomas Ansbro, City Attorney FROM: Charlene Johnson, City Clerk RE: City Seal DATE: May 6, 2002 The City's name was changed by referendum vote of the electors on November 3, 1998, to "Dania Beach". We continued to use the existing Seal of the City with the name "Dania" that was established July 13, 1976 by motion. On February 24, 1999, previous Assistant City Attorney Lindsey Payne, Brinkley, McNerney, had researched the laws and could find no State requirement for a City to approve a City Seal. In June 2000, the City Commission directed City Manager Smith to provide all City Board members with a picture of a new proposed Seal of the City that included a color version of a longtime utilized logo and some of the City's historical aspects "Broward's First City" and "Incorporated 1904" (see attached). After some time, we received positive responses from many of the board members and I was directed to purchase an embossed City Seal with the new "Dania Beach" name to use in the execution of formal documents. No further action of the City Commission was pursued. Recently, I noticed that Section 8 of the City's Charter reads as follows: Sec. 8. Seal. The official seal of the City of Dania, hereby established shall bear the legend "City of Dania, Broward County, Florida, Seal, Established 1949." It appears to me that an amendment is needed to Section 8 of the Charter to update it with our current use of the City Seal. I prepared the attached draft Ordinance amendment. Please review the Ordinance and let me know if you have any changes as I would like to include this on the May 14 meeting for first reading. I would also like you to advise me before you begin reviewing the Ordinance on the costs of your review and legal direction. Thank you. a- S a 4 ZaQi r„ x' y �. eA � a;.• v� ode,. �� 2�� ;S� t.:.:.J � y T 3' \ s ` Of 4 SUN- SENTINEL PUBLISHED DAILY NOTICE OF NEARING FORECITY OF DANIA BEAC FORT LAUDERDALE, BROWARD COUNTY, FLORIDA 8 ORIDA CREGA DITY IN GISSION ADOPTION OF THE FOLLOWI.' BOCA RATON PALM BEACH COUNTY, FLORIDA PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission the City of Dania Beach,Florida,on May 28,2002, MIAMI, MIAMI DADE COUNTY, FLORIDA 7:00 p.m.or-as soon thereafter as the matter may heard,will conduct a public hearing in the City Cor 0mission charters of the Dania Beach City Hall, 1 west Dania Beach Boulevard,Dania Beach,Florida STATE OF FLORIDA consider the proposed adoption of the following orc nances entitled: COUNTY OF BROWARD/PALM BEACH/MIAMI DADE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLOF BEFORE T DA, AMENDING SECTION S OF ARTICLE 1, PART I C H D fGN UTHORITY, PERSONALLY APPEARED THE CITY CHARTER TO PROVIDE THAT THE SEAL OFTF CITY OF DANIA BEACH,FLORIDA SHALL BEAR THE LEC END "CITY OF DANTA BEACH, FLORIDA, BROWARD 2/ WHO, ON OATH, SAYS THAT FIRST CITY, INCORPORATED 1904"; PROVIDING FC CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHEF u. HE/SH S A., ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED PROVIDING FOR AN EFFECTIVE DATE. DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED AN ORDINANCE OF THE CITY OF DANIA BEACH,FLOR DA,AMIN-BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE OF DANIA BI ANG CH, FLORIDATFOR THE SALE OF SUF PLUS REAL PROVIDING FOR "ATTACHED COPY OF ADVERTISEMENT, BEING A: ORDINANCES NPCONFLICTT AND AN EFFECTIVESEVERABILITY DA E AN ORDINANCE OF THE CITY COMMISSION OF TH BROWARD??S FIRST CITY CITY OF DANIA BEACH,FLORIDA,APPROVING A SEC OND AMENDMENT TO THE "TIGERTAIL LAKE LEAS; AND LICENSE AGREEMENT'S EXECUTED JUNE 2E IN THE MATTER OF: 2000, WHICH LEASE EXISTS BETWEEN THE CITY ANC BROWARD COMMUNITY COLLEGE ("BCC"), PERTAIN ING TO A PARCEL OF LAND LOCATED WITHIN 'THE Browards First city KNOWNAREA LICENSE F R NON-EXCLUSIVE XCL SIV USE OF THE LAKE IGERTAIL LAKE PARK, DWITH IN TIGERTAIL PARK CLAKE")MORE PARTICULARLY DE- SCRIBED IN THE LEASE;AUTHORIZING AND DIRECTING IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE THE EXECUTION OF THE SECOND AMENDMENT TO THE ISSUES OF: AGREEMENT BY THE APPROPRIATE CITY OFFICIALS, AUTHORIZING THE DISTRICT BOARD OF TRUSTEES OF BCC TO OBTAIN SEWER SERVICE AND OTHER UNDER- GROUND UTILITIES AS MAY BE NECESSARY:TO SER- 5/17 10905012 VICE THE FACILITIES AUTHORIZED TO RECONSTRUCT- ED BY BCC;PROVIDING FOR CONFLICTS;PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER EFFECTIVE DATE. A copy of these proposed Ordinances are on file in the PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, office of the City Clerk, City Hall, 100 West Dania AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY spect d by the each rpubliclduring norms working may hours. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Interested parties may appear at the aforesaid meet- ing and be heard with respect to the proposed.Any EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Person who decides to appeal any decision made by on with• POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, the City tothis(hear hearing will need a record oftthe pro- FOR APERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ceedings and for such purpose may need to ensure ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT which record)includes the m record of ttestimony he dand evidence upon which the appeal is to be based. HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR In accordance with the American with Disabilities CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE of the proceedings should contact CharleneJohnso� PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID City Clerk, 100 West Dania Beach Boulevard, Dania NEWSPAPER. n hours Beach, Floridaior to th33004.mee (954) 924-3622 at least 48 /s/Charlene Johnson,CMC City Clerk May 17,2002 (SI GNAT RE OF AFFIANT) WORN TO AND SUBSCRIBED BEFORE ME ' ON: 17-May-2002 , A.D. v (SIGNAT RE OF NOTARY PUBLIC) Para L Bezak My COMMSSION# DD024939 EXPIRES July 20, 2005 - .D::D THOU TROY FAIN INSURANCE,INC. (NAME OF NOTARY, TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION