HomeMy WebLinkAboutResolution 2010-02FAILED AT 02/02/2010 REGULAR COUNCIL MEETING
RESOLUTION NO. 2010 -02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AUTHORIZING THE PRIVATE
UNOFFICIAL DISPLAY OF THE CITY SEAL ON A WELCOME SIGN
LOCATED AT 8000 ASTRONAUT BOULEVARD PURSUANT TO THE
TERMS AND CONDITIONS OF THIS RESOLUTION; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Section 165.043, Florida Statutes, authorizes the City of Cape Canaveral to enter into
agreements for the manufacture, use and display of the City Seal for other than official use, provided said use
is expressly authorized by the City Council; and
WHEREAS, Spaceport Amoco, Inc. has requested that the City Council authorize it to use and display
the City Seal on a private welcome sign located at 8000 Astronaut Boulevard; and
WHEREAS, the City Council desires to approve the request to use and display the City Seal on the
private welcome sign under the terms and conditions stated herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this resolution to be
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated
herein by this reference as part of this Resolution.
Section 2. Authorization to Use the City Seal. Spaceport Amoco, Inc. is hereby authorized
to manufacture, use, and display one copy of the City Seal to be used on a welcome sign which will be installed
and maintained at 8000 Astronaut Boulevard, Cape Canaveral ( "Property") under the following conditions:
1. The City Seal shall be superimposed onto and displayed on the sign as depicted on Exhibit "A,"
which is attached hereto and fully incorporated herein by this reference, and shall be displayed on the sign in
conjunction with the phrase "Welcome to the City of Cape Canaveral." ( "Welcome Sign "). The Welcome Sign
shall maintained in good repair in accordance with applicable provisions of the City Code.
2. The City Seal shall not be used in a way that could mislead the public into believing that the City
sanctions, approves, or endorses any person or business.
3. The dignity of the City Seal shall be preserved and maintained. As such, under no circumstances shall
the City Seal be displayed in public view with graffiti, in a worn, weathered or defaced manner, or upside down.
City of Cape Canaveral
Resolution No. 2010 -02
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4. The City shall not assume any responsibility or liability for the Welcome Sign.
5. Spaceport Amoco, Inc shall execute the City Seal Consent Form attached hereto as Exhibit `B."
Section 3. Termination. The City Council reserves the unconditional right to require the
discontinuance of the use and display of the City Seal at any time by providing the owner of the Welcome Sign
written notice of said decision. Upon receipt of said termination notice, the owner shall, at its sole expense,
immediately cease and desist using and displaying the City Seal.
Section 4 . Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted
by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of
this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether
for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining portions of this resolution.
Section 6 . Effective Date. This Resolution shall become effective immediately upon adoption by
the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on this day of , 2010
ATTEST:
ROCKY RANDELS, Mayor
Bob Hoog
Buzz Petsos
For Against
Mia Goforth, Acting City Clerk Rocky Randels
C. Shannon Roberts
Betty Walsh
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Resolution No. 2010 -02
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CITY SEAL CONSENT FORM
Spaceport Amoco, Inc. Hereby consents and agrees to the terms and conditions set forth in
Resolution 2010 -02 regarding the manufacture, use, and display of the City Seal.
Spaceport Amoco, Inc.
U-
Alan E. Beal, President