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CITY OF ~IVE <br />INTEROFFICE MEMO <br /> <br />JAN 1 5 199,5 <br /> <br />TO: <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />Karen E. Lindquist CITY CLERK <br />City Clerk <br /> <br />Barbara Purvi~[~~ <br />Assistant Cit~//~ttorney <br /> <br />CITY SEAL - OUR FILE NO. CA92-1068 <br /> <br />DATE <br /> <br />January 14, 1993 <br /> <br />You have advised that your office has two City seals; <br />one is an embossed seal and the other is a rubber stamp <br />seal. You have indicated that it is your preference to <br />use the rubber stamp seal which is currently used only <br />for tract maps and parcel maps. You have asked whether <br />there is a legal requirement that you must use the <br />embossed seal for the rest of the City's documents. <br /> <br />In short, the answer is no. You may use the rubber <br />stamp seal on all City documents. <br /> <br />The City Charter in Section 603(d) makes the City Clerk <br />"the custodian of the seal of the city" but makes no <br />further reference to it. Section 1.04.010 of the <br />Riverside Municipal Code makes it unlawful for any <br />person to use the official seal of the City "as adopted <br />by the Mayor and City Council on the fourteenth day of <br />April, 1936, by Resolution No. 3003 (New Series)" or its <br />design or any design so closely resembling the same as <br />to be apt to deceive. Resolution No. 3003 (New Series) <br />describes the seal itself and does not require that it <br />be embossed. <br /> <br />As to State law, Section 34501 of the Government Code of <br />the State of California provides that cities "shall have <br />a common seal, alterable at the pleasure of the <br />legislative body"; however, that section does not apply <br />to chartered cities such as Riverside. Section 40811 of <br />the Government Code provides that the "city clerk is the <br />custodian of the city seal"; however, that section does <br />not describe the form the seal is to take. Section 1452 <br />of the Evidence Code of the State of California dealing <br />with presumptions for official seals does not describe <br />whether such seals must be embossed. Section 1931 of <br />the Code of Civil Procedure of the State of California <br />defines a "public seal in this State" to be "a stamp o__r <br />impression made by a public officer with an instrument <br />provided by law, to attest the execution of an official <br />or public document, upon the paper, or upon any <br />substance attached to the paper, which is capable of <br />receiving a visible impression" <br /> <br />BP/2030M/jm <br /> <br /> <br />