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97-11 ORDINANCE NO. 97-11 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE OFFICIAL SEAL OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 165.043, Florida Statutes, the City Council wants to adopt an official municipal seal for the City to be affixed to all official actions or documents of the City and to identify and authenticate documents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Official Seal Defined. As used herein, the official seal of the City of Aventura, Florida shall mean the following identifying symbol: Section. 2. Execution and Acknowledgment of Written Instruments. Whenever it Ordinance No. 97-11 Page 2 shall be necessary for the City, under the authority of its City Council, its Charter or Code, and the general laws of the State of Florida, to execute contracts, deeds, or other documents on behalf of the City, the official seal of the City shall be affixed to such contract, deeds or other document. Section. 3. Prohibition. It shall be unlawful and a violation of this Ordinance for any person, firm, corporation or other legal entity to print for the purpose of sale or distribution or circulate, publish, use or offer for sale any letters, papers, documents, or items of merchandise which simulate the official seal of the City or the stationery of a real or fictitious agency, department or instrumentality of the City of Aventura without the expressed written authority of the City Manager or designee. Section 4. Exceptions. The provisions of this Ordinance shall not be applicable to the City of Aventura, its agencies, departments, instrumentalities, quasi-judicial and advisory bodies, acting within the scope of their official capacities. Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the 2 Ordinance No. 97-11 Page 3 Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. .Section 7. Penalty. Pursuant to Section 165.043, Fla. Stat., a violation of this Ordinance constitutes a second degree misdemeanor, punishable as provided in Section 775.082 or Section 775.083, Fla. Stat. Section 8. Effective Date. This Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Mayor Snyder, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin absent Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember Cohen, who moved its adoption on second reading. This motion was seconded by Councilmember Rogers- Libert, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Ordinance No. 97- it Page 4 Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this l~t day of April, 1997. PASSED AND ADOPTED on second reading th~s 15 day ?f Apnl, 199 . , MAYOR ATTEST: TERESA M. SMITH, OMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms