HomeMy WebLinkAbout2012 10 22 Public Hearing 500 Second Reading of Ordinance 2012-23, "In God We Trust" IncorporationCOMMISSION AGENDA
ITEM 500
October 22, 2012
Regular Meeting
REQUEST:
Informational
Consent
Public Hearings X
Regular
KS
City Manager Department
Pursuant to City Resolution 2012 -36 and Section 165.043, Florida Statutes, City Manager
requesting the Commission approve Ordinance 2012 -23, revising the official City Seal to
incorporate the motto "In God We Trust ".
SYNOPSIS:
On September 24, 2012, at its Regular Meeting, the Commission approved Resolution 2012-
36 which, in part, approved the incorporation of the National and State of Florida motto "In
God We Trust" into the official City Seal of Winter Springs. Based on this action, staff has
revised the City Seal to incorporate the motto "In God We Trust" and presents Ordinance
2012 -23 for Commission consideration and approval. This Ordinance, if approved by the
Commission, officially adopts the new City Seal (attached herein), in accordance with the
requirements of Section 165.043, Florida Statutes.
CONSIDERATIONS:
At its September 24, 2012 Regular Meeting, the Commission approved Resolution
2012 -36, authorizing the permanent and prominent display of the National and State
of Florida motto "In God We Trust" in the City Commission Chambers, and further
authorizing the future incorporation of said motto into the official City Seal of Winter
Springs.
In accordance with that direction of the Commission, attached herein is a new City
Seal which incorporates the motto "In God We Trust" into the City Seal.
. As previously mentioned by the City Attorney in Agenda Item 600 (September 24,
Public Hearings 500 PAGE 1 OF 2 - October 22, 2012
2012 Regular Commission Meeting) - Considerations - Section 17, a decision to
incorporate the motto "In God We Trust" into the official City Seal would require
additional approval of that new City Seal by the City Commission by Ordinance in
accordance with Section 165.043, Florida Statutes.
Thus, Ordinance 2012 -23, attached, is presented for Commission consideration to
officially approve the new City Seal, inclusive of the motto "In God We Trust."
. On October 8, 2102, at its Regular Meeting, the Commission voted to move
Ordinance 2012 -23 to second reading.
FISCAL IMPACT:
The new City Seal will be gradually introduced in accordance with an implementation
schedule approved by the City Manager and subject to forte budget and appropriations
approved by the Commission to the extent necessary.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The City Manager recommends that the City Commission hold a Public Hearing for Second
Reading and Adoption of Ordinance 2012 -23, revising the official City Seal to incorporate
the motto "In God We Trust ".
ATTACHMENTS:
1. Ordinance 2012 -23.
2. Legal Ad- Ordinance 2012 -23
Public Hearings 500 PAGE 2 OF 2 - October 22, 2012
ORDINANCE NUMBER 2012 -23
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA APPROVING A
MODIFIED CITY SEAL IN ACCORDANCE WITH SECTION
165.043, FLORIDA STATUTES BY INCORPORATING THE
NATIONAL AND STATE MOTTO "IN GOD WE TRUST;"
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 2012 -36, the City Commission directed that the City
Attorney and City Manager proceed with preparing the necessary documents to modify the
City's Official Seal to incorporate the national and state motto "In God We Trust;" and
WHEREAS, section 165.043, Florida Statutes requires a municipality to adopt an
ordinance to designate an official municipal seal; and
WHEREAS, "In God We Trust" was adopted as the official national motto of the United
States in 1956, 31 U.S.C. § 186, and is also the motto of the State of Florida, § 15.0301, Fla.
Stat.; and
WHEREAS, "In God We Trust" is also on the Official Seal of the State of Florida; and
WHEREAS, "In God We Trust" is required to be on all U.S. coins and currency of the
United States. Pub. L. 84 -140, adopted July 11, 1954; 36 U.S.C. § 302; and
WHEREAS, the use of the phrase "In God We Trust" on U.S, currency pre -dates the
1954 statutory requirement when Congress first authorized the National Mint to include "In God
We Trust" on coins in 1865, and made its inclusion mandatory on gold and silver coins in 1908;
and
WHEREAS, the motto "In God We Trust" is inscribed above the Speaker's chair in the
U.S. House of Representatives, and also above the main door of the U.S. Senate Chamber; and
WHEREAS, in Aronow v. United States 432 F. 2d 242 (9" Cir. 1970), the use of the
motto "In God We Trust" on coins and currency was the first challenged, and the 9th Circuit
Court of Appeals held that the use of the phrase on coins and currency did not violate the
Establishment Clause. The court reasoned:
It is quite obvious that the national motto and the slogan on coinage
and currency "In God We Trust" has nothing whatsoever to do with the
establishment of religion. Its use is of a patriotic or ceremonial character
and bears no true resemblance to a governmental sponsorship of a religious
exercise.
City of Winter Spring, Florida
Ordinance Number 2012 -23
Page 1 of 2
While "ceremonial" and "patriotic" may not be particularly apt
words to describe the category of the national motto, it is excluded from
First Amendment significance because the motto has no theological or
ritualistic impact. As stated by the Congressional report, it has "spiritual and
psychological value" and "inspirational quality;" and
WHEREAS, in Newdow v. Lefevre 598 F.3d 638 (9" Cir. 2010), the Ninth Circuit
Court of Appeals again upheld the use of the motto on the nation's coins and currency. Based on
Aronow the court held that statutes requiring placement of the motto did not violate the
Establishment Clause of the First Amendment, and the motto did not represent a purely religious
dogma or constitute a government endorsement of religion, in violation of the Religious Freedom
Restoration Act (RFRA); and
WHEREAS, in Lambeth v. Davison County, North Carolina 407 F.3d 266 (4 Cir.
2005), the Fourth Circuit Court of Appeals, upheld the county board's decision to authorize the
inscription of "In God We Trust" on the facade of a county government center building. The
court reasoned that in this situation, the reasonable observer must be deemed aware of the
patriotic uses of the national motto, both historical and present, of the phrase "In God We Trust."
Furthermore, a reasonable observer contemplating the inscription of the phrase on the
government center would recognize it as incorporating familiar words, a phrase with religious
overtones to be sure, but also one long used, with all its accompanying secular and patriotic
connotations as our national motto and currency inscription. Therefore, the use of the phrase "In
God We Trust" on the government center building did not violate the Establishment Clause; and
WHEREAS, in Gaylor v. U.S. 74 F.3d 214 (10`" Cir. 1996), the Tenth Circuit Court of
Appeals similarly held statutes establishing "In God We Trust" as the national motto and
providing for its reproduction on U.S. currency did not violate the Establishment Clause. See
also O'Hair v. Blumenthal, 588 F.2d 1144 (5 Cir. 1979) (affirming lower court decision holding
that the adoption of the national motto "In God We Trust" and the use of it on coin and currency
are constitutional); and
WHEREAS, in Schmidt v. Cline 127 F.Supp. 2d 1169 (U.S. D. KS 2000), a claimant
challenged the elected County Treasurer's decision to display posters in the treasurer's office
bearing the words "In God We Trust." Relying on Gaylor v. U.S. the Court emphasized that the
10th Circuit held that the national motto has a secular purpose, symbolizes the historical role of
religion in our society, foster's patriotism, and expresses confidence in the future; that its primary
effect is not to advance religion; and that it "does not create an intimate relationship of the type
that suggests unconstitutional entanglement of church and state;" and
WHEREAS, in Myers v. Loudoun County School Board 251 F.Supp. 2d 1262 (ED Va.
2003), a school board's implementation of a state statute requiring schools to post the national
motto in every public school building was upheld as constitutional; and
WHEREAS, the United States Supreme Court, in dicta, has strongly indicated on several
occasions that the governmental use of the motto "In God We Trust," does not, at least in certain
Cite of Winter Spring, Florida
Ordinance; Number 2012-23
Page 2 of 5
contexts, contravene the mandate of the establishment clause. See County of Allegheny v.
ACLU 492 U.S. 573 (1989) ([O]ur previous opinions have considered in dicta the[ "In God We
Trust "] motto ..., characterizing [it] as consistent with the proposition that government may no
communicate an endorsement of religious belief. "); Lynch v. Donnelly 465 U.S. 668 (1984)
(O'Conner, J., concurring) ( "[G]overnment's display of the creche in this particular physical
setting is no more an endorsement of religion than such governmental `acknowledgments' of
religion as ... [the] printing of `In God We Trust' on coins.... "); and
WHEREAS, the City Commission recognizes that many cities have chosen to
prominently display the national motto on and within government buildings, and that on
February 20, 2002, the city of Bakersfield, California became the first city in recent years to vote
to display the national motto, "In God We Trust," at city hall; and
WHEREAS, in November of 2011, the U.S. House of Representatives passed a
nonbinding resolution by a vote of 396 to 9 reaffirming "In God We Trust" as the official
national motto of the United States. Representative Randy Forbes (R. -Va.) sponsored the
measure to reverse what he called "a disturbing pattern of inaccuracy in omissions regarding the
motto;" and
WHEREAS, the City Commission recognizes that the U.S. House Resolution not only
reaffirms the official motto of the United States, but also supports and encourages the public
display of the national motto in all public buildings, public schools, and other government
institutions; and
WHEREAS, the City Commission desires to support the U.S. House Resolution by
adopting this Resolution to authorize the permanent and prominent display of the national and
State of Florida motto "In God We Trust" in the City Commission Chambers, and to further
authorize the future incorporation of said motto into the official City seal of Winter Springs
subject to a gradual implementation schedule prepared by the City Manager and subsequent
budget and appropriation decisions made by the City Commission; and
WHEREAS, the City Commission is relying upon the aforementioned legal authority for
purposes of adopting this Ordinance; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best
interests of the public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Intent and Purpose. This Ordinance is intended to modify the Official City
Seal and afford said seal all the privileges and protection provided pursuant to Section 165.043,
Florida Statutes. In addition, the inclusion of the motto "In God We Trust" into the City Seal is
intended to have a secular, non - religious purpose. The intent and purpose of this inclusion is to
City ol' Whiter Spring. Florida
Ordinance Number 2012-23
Page ; of-5
recognize that the national and State of Florida motto, "In God We Trust," symbolizes the
historical role of religion in our society, foster's patriotism, and expresses confidence in the
future. Further, as recognized by the courts, the primary effect of this Ordinance (display of the
motto) is not to advance religion; and that this Ordinance is not intended to promote or support
an unconstitutional entanglement of church and state. In addition, this Ordinance is intended to
support the request made by the U.S. House of Representatives in H. Con. Res. 274 adopted
during the 111` Congress 2d Session to publicly display the national motto in public buildings.
Section 3. Adoption of Modified Official City Seal. Pursuant to Section 165.043,
Florida Statutes, the City Commission hereby adopts, as the City's Official Seal, the seal which
is depicted on EXHIBIT "A," which is attached hereto and fully incorporated herein by this
reference. The new City Seal shall be gradually introduced wherever the display of the City Seal
is appropriate in accordance with an implementation schedule approved by the City Manager and
subject to future budget and appropriations approved by the City Commission to the extent
necessary.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and 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 ordinance 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 ordinance.
Section 6. Effective Date. This Resolution shall take effect immediately upon approval
of the City Commission and as provided by City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the day of , 2012.
In witness whereof, I have hereunto set my hand and caused this seal to be affixed.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
Cite of Winter Spring, Florida
Ordinance Number 2012-23
Page 4 of 5
Approved as to legal form and sufficiency for
the City of Winter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
First Reading: _
Legal Ad Published:
Effective Date:
City of Winter Spring, Florida
Ordinance Number 2012 -23
Page 5 of
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FRIDAY, OCTOBER 12, 2012 aC
121, or The District's webslte
floridawaters.cam. Bid packages
be obtained from Onvia Demand-
er the District by contacting Pam
k at (386) 937 -3593 or e-mail:
Ii C@slrwmd.com.
BID NUMBER 27454
ANNUAL CIVIL WORKS
CONSTRUCTION SERVICES
,reposed work primarily involves
r resource and restoration proi-
including but not limited to, gen-
earthwork; dewatering; levee
ruction; stormwater, culvert and
t control structures- erosion con -
facilities; cast -in -piece and pre -
concrete; stabilized and/or paved
gays; and ground cover. The ab-
le of this contract is to provide
1 quality improvements, enhance-
and restoration of wetiand habi-
nd natural systems, flood protec-
and reduction of flood damage.
estimated budget for the first
'of these contracts is $4,500,000
It is the intent of the District to
U a minimum of two contracts for
ential of 3 years.
PRE -BI13 CONFERENCE
OCTOBER 23, 2012 at 10.30 &M.
Ion- mandatory pre -bid conference
ended to provide Responders the
'tunity to receive clarification of
ieauirement of this Invitation For
The meeting will be held at the
let's Headquarters (Governing
'd'Roori located at 4049 Reid
1, Palatka, FL 32177.
810 OPENING: 200 P.M.
NOVEMBER 12, 2012
Johns River Water Management
District Headquarters
4049 Reid Street,
Palatka, Florida 32177
,onference Room Number 161
salutation of stall's recommendation to
We Governing Board December 11, 2012
r '
:al accommodations for disabili-
nay, be requested through Pam
k, or by calling (800) 955 -8771
I), at least five business days
e the date need.
t208757 10/12/2012
3
CE.,UNDER FICTI NAME
.IpURSUANT TO SECTION
FLORIDA STATUTES
° E: , IS HEREBY GIVEN that the
signed, desiring to engage in
, ss under the Fictitious Name of
NDO with a malling address of 2
Riverside Plaza, Ste. 800, Chico -
60666 intends to register the
ame with the FL Dept. of State,
f Carps., Tallahassee, FL. Der.
4[2012. Owner: Sherwood Forest
M9 Corp
x8645 10/12/2012
DELIVERY— Call
741 -5353 to reserve your
do Sentinel home delivery.
TION OF THIS NOTICE IS: 10 -14 -12
ELLEN M. SCHOEFF,
Personal Representative of the
Estate of Terry McDaniel,
o /k/o Terry Lee McDaniel
102 Sea Pine Circle
Daytona Beach, FL 32114
EDWIN D. DAVIS, 11, ESQUIRE
Attorney For Personal Representative
Florida Bar Number 264490
E -Mail: edavis2law @ggmail.com
EDWIN D. DAVIS I1, P.A.
550 Memorial Circle, Suite M
Ormond Beach, FL 32174
Telephone: (386) 672 -1711
Fax: (386) 672 -1750
10/12,19/2012
NOTICE IS HEREBY GIVEN THAT
THE CITY Of WINTER SPRINGS
CITY COMMISSION
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSES TO CONSIDER:
ORDINANCE NUMBER 2012 -23
A ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA APPROVING A
MODIFIED CITY SEAL IN ACCORD -
I STATUTES BY P INCORPORAT.
ING THE NATIONAL AND STATE
MOTTO "IN GOD WE TRUST'" PRO-
VIDING FOR SEVERABILIYY, RE.
PEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS,
AND AN EFFECTIVE DATE.
PUBLIC HEARING
FOR ADOPTION
WILL BE HELD ON
MONDAY, O 2 pE U 5.'15 P.M.
THE COMMISSION CHAMBERS
LOCATED IIN THE EEAAST A ROADG43 CITY
WINTER SPRINGS, FLORIDA
you are hearing or speech Impaired,
please contact the Florida Relay Serv-
ice of 1 -(800) 95S -8710, who can aid you
in contacting the District Office.
A Person who decides to appeal any
decision made at the meeting with re-
spect to any matter considered at the
meeting is advised that person will
need a record of the proceedings and
that accordingly, the Person may need
to ensure that a verbatim record of
the proceedings is made including the
testimony and evidence upon which
the appeal is to be based.
Concorde Estates Community
Development District
Jeremy Needham, District Manager
OSC1203547 � 10112/2012
LIEN SALE LEGAL NOTICE
Unit # 0439 David Gonzalez Misc.
Items
Unit # AII8 Elizabeth Munoz Misc,
Items
Unit If D425 Isaiah Mercer Misc, Items
Unit # D419 Alisho Raven De'Fury
Misc. Items
Unit # E540 Roxann Berries Ni
Items
Unit # A298 Edna R. Cruz Misc. Items
Gems sold to highest bidder an 11107 /12 9:00
A.M. We reserve the right to refuse any /ell bids.
Sale by auction, cash only.
5TOR -ALL STORAGE
250 N. Goldenrod Rd.
Orlando, Florida 32807
AS 2314 AU 1139 10% SP
COR120653 )0112,19 @012
LIEN SALE LEGAL NOTICE
Unit # 0439 David Gonzalez .Misc.
Items
Unit # A118 Elizabeth Munoz Misc.
items
Unit If D425 Isaiah Mercer Misc.
Items
Unit # D419 Alisho Raven Misc.
De'Fury Items
Unit # E540 Roxann Berries Misc.
Items
Items sold to higghest bidder on 11/07712 9:00
A.M. We reserve 8m right to refnse any alt bids.
Sale by auction, cash only.
STOR -ALL STORAGE
250 N. Goldenrod Rd.
Orlando, Florida 32807
AS 231/1 AU 1139 10% BP
COR1208727 1 0712,191 2012
NOTICE OF PUBLIC SALE
Kissimmee Auto Salvage gives Notice
of Foreclosure of Lien and intent to
sell these vehicles on 10(2412012, 08:00
am at 1400 Harrelson Ln. Kissimmee,
1 L 34741, pursuant to subsection 713.78
of the Florida Statutes, Kissimmee
Auto Salvage reserves the right to ac-
cept or reject any and/or all bids.
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2800 MERIT Homan Trailer Mobile Ham
VIM KWMBM37N9350 Itlea
PREPARED BY- „ `mot
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Americad Land ase
380 Park Place Blvd't:9uiTe_`280
Clearwater, FL'33T59
, 727- 726 -8868
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