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HomeMy WebLinkAbout11177 ORD - 11/22/19720 JRR: jkh :11- 21 -:'2; lat. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE MUNICIPAL CODE CORPORATION OF TALLAHASSEE, FLORIDA, FOR REVISION OF THE CITY CODE OF ORDINANCES AND SUPPLEMENTATION SERVICE FOR A PERIOD OF TWO (2) YEARS, AT A BASE CONTRACT PRICE OF $14,500, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A "; PROVIDING FOR PAYMENT OF THE SUMS HEREIN- ABOVE FROM ACTIVITY 3231, CODE 362, AS BUDGETED IN TEE 1972 -73 BUDGET; ED DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to enter into a contract with the Municipal Code Corporation of Tallahassee, Florida, for revision of the City Code of Ordinances and supplementathn service for a period of two (2) years, at a base contract price of $14,5009 all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. Authorization is hereby given for payment of the sums hereinabove provided, said sums.being provided in the current 1972 -73 Budget, Activity 3231, Code 362. SECTION 3. The necessity to immediately authorize the aforesaid contract in order to provide a comprehensive, up-to -date Code of City ordinances creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution'shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_.,2�4 day of November, 1972: 1001 ATTEST: f o C ty Secreta MAYOR THE CITY 01 CO US HRISTI, TEXAS AP DAY OF NOVEMBER, 1972: AAd "em - SK TI ACT City Attorney x_17 I 1 To: The City of Corpus Christi, Texas t j 'j i The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as the Corporation hereby offers to revise, edit and recodify the ordinances and publish a new Code a of Ordinances for the CITY OF CORPUS CHRISTI, a municipal corporation duly organized and existing under the laws of the a • 1 State of Texas, according to the following terms and conditions. i I it PART ONE t, A. EDITORIAL WORK: i, I i� The Corporation will, under the supervision of the City Attorney: it (1) RECODIFICATION. Recodify, classify and edit the i ordinances of the municipality as codified in the 1958 Code. i Provided, however, that the municipality may forward to the ! offices of the Corporation copies of all ordinances enacted subsequent to the last ordinance included in the 1958 Code for inclusion in the new Code up to the time of typesetting of the manuscript. No ordinances will, however, be included i in the Code manuscript subsequent to notice of completion of j the editorial work as provided in Paragraph (13) of this Part. (2) REVISE OR REWRITE EXISTING ORDINANCES. Revise, rewrite and edit the existing ordinances so that the provisions of the new Code will be expressed in concise, modern and proper I phraseology without conflicts, ambiguities and repetitious i i I _ 2 _ I � 1 li t _ II provisions. Changes resulting thereby shall be submitted to the Attorney for the municipality for consideration and j t approval. ; I Each chapter of the new Code shall be all- inclusive and shall embrace all ordinances dealing with the subject matter I of that chapter, and within the chapter itself, the ordinances shall be arranged in an orderly and logical fashion. ! (3) REPEAL OF OBSOLETE PROVISIONS. Inform the Attorney for the municipality of obsolete, outmoded or unnecessary) provisions which he in turn may recommend to be repealed by the governing body. (4) CATCHLINES. Prepare catchlines to the individual sections that accurately express the content of the section. ' (5) FOOTNOTES AND CROSS REFERENCES. Prepare editorial footnotes and cross references which will tie related sections of the new Code together. Proper reference will also be made in the form of footnotes to similar or related provisions of the state law. (6) HISTORY NOTES. Prepare history notes for each section of the new Code, which notes will include references to the ordinances from which the section is derived. (7) INDEX. Prepare a comprehensive, legal and factual general index for the entire Code. (8) COMPARATIVE TABLE. Prepare a Comparative Table, listing the ordinances included in the Code, in chronological sequence and setting out the location of such ordinances in the Code. (9) STATE LAW AND COURT DECISIONS. Subject to the approval and verification of the Attorney for the municipality, the ordinances will be checked against the corresponding pro- visions of the general laws of the State and any conflicts or inconsistencies indicated thereby will be called to the attention of the Attorney for the municipality. The reported decisions of the appellate courts of the State, relating to the ordinances ,of the municipality will also be checked and any such decision possibly affecting the validity of any such ordinance will 3 - f i be called to the attention of the Attorney for the municipality. (10) CHARTER. Compile and edit the Charter of the f municipality by working all amendments into their proper places, preparing explanatory editor's notes to clarify and facilitate I usage of the compiled Charter. l (11) EDITORIAL CONFERENCE. All editorial work will be performed in the offices of the Corporation in Tallahassee, Florida. Upon completion of the basic editorial research, the supervising editor in charge of your Code will conduct an II editorial conference with the Attorney, Clerk and /or other f f officials of the municipality. All changes and recommendations will be made known at this time and the municipality will be free to make changes and alterations at this conference and the Cor- poration will be charged with the duty of carrying out all such desired changes. (12) POST - CONFERENCE WORK. Upon completion of the editorial conference conducted in the CITY OF CORPUS CHRISTI, the Code manuscript will be prepared for typesetting and printing. l (13) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of the post- conference work, the Corporation shall II notify the municipality in writing that the Code manuscript is I ready for typesetting and printing. No ordinances will be { included in the Code manuscript enacted subsequent to such notice. (14) GALLEY PROOFS. After the entire Code is set in type, the Corporation will submit one (1) full set of galley proofs to the municipality for additional review. The Corpora- tion assumes the responsibility of proofreading and typographi- cal correctness. The municipality may make word changes on the galley proofs without charge, however, should the municipality delete entire sections, articles or chapters constituting more I than a page of type, the municipality will be charged for such deleted type at the per page rate as provided in Part Two, Paragraph (2). - 4 - It shall be the duty of the municipality to return the i galley proofs to the Corporation within thirty (30) days from receipt thereof to enable the Corporation to proceed with the printing and binding schedule. Delays in returning the galley I proofs could upset the printing and binding schedule and contem- plated final delivery of the new Code. ! i (15) ADOPTION OF CODE. After approval of the manuscript j i by the Attorney for the municipality at the editorial conference I and after the Code has been set in type and the galley proofs have been submitted to the municipality and approved by the j Attorney for the municipality, the Corporation will proceed to d print the proposed new Code in accordance with Section B. Printing) and Binding Specifications. When the printing is complete, the Corporation will submit three (3) advance copies bound for filing, along with a form of a suggested adopting ordinance. After the Attorney for the municipality drafts the adopting ordinance and the same is enacted, the Clerk shall send the Corporation a true copy of the adopting ordinance and the Corporation will print the same to be inserted into all copies of the new Code. B. PRINTING AND BINDING SPECIFICATIONS: (16) PRINTING. Upon completion of the editorial work and approval of the same by the Attorney for the municipality! the Corporation shall print: (a) the text of the Code in ten -point + type with bold -face catchlines; (b) the index in eight -point type with It main headings in light -face capitals; i ii (c) the editorial notes and cross I references shall be in eight -point type with bold -face headings; - 5 - • !I (d) the specified number of copies of the Code, as set out in Part Two hereof, j on 50 lb. English Finish Book Paper, �l or its equivalent; (e) the pages shall be approximately If nine inches by six inches in size. ii (17) BINDING. The Corporation shall bind copies of the completed Code in mechanical post -style binders, each with slide -lock fasteners and with imitation leather covers stamped in gold -leaf, as provided in Part Two, Paragraph (2) of this agreement. The unbound copies of the Code will be punched and wrapped separately for storage and eventual binding by the municipality. Additional binders can be ordered at any time by the municipality. !j PART TWO The municipality will: (1) COPIES OF MATERIAL. It shall be the duty of the municipality to furnish the Corporation with either typed or printed copies of all ordinances of a general and permanent nature passed in final form for use in the editorial work, passed subsequent to the last ordinance included in the 1958 Code. (2) COSTS. Pay the Corporation for the work of editing, printing and binding as herein provided, as follows: FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($14,500.00) The above sum is based on the following: �I (a) Printing three hundred (300) copies of the Code; - 6 - (b) Three hundred (300) mechanical loose - leaf binders; (c) Nine hundred (900) page Code, including blank pages. In.the event the total number of pages of the completed Code exceeds the base estimate as provided in subparagraph (c) above, a charge of FOURTEEN DOLLARS FIFTY CENTS ($14.50) per page will be made to cover all pages in excess thereof. In the event the total number of pages of the completed Code is less than the l base estimated above in subparagraph (c), the same per page rate will be deducted from the total cost for each page less than the above base estimate. (3) REPRINTS. Reprint pamphlets of any specific chapter or other portion of the Code may be prepared as follows: No. Copies At Time of Initial Printing Paper Covers (Per Page, Printed & B ank (Paper Fa- s� - no charge, Chicago. Screw Posts - $0.10 per copy) 100 or less $3.50 $30.00 101 - 200 4.00 40.00 201 - 300 4.50 50.00 301 - 400 5.00 60.00 (Price increases $0.50 per page for each additional 100 copies.) (4) TABULAR MATTER, DRAWINGS, ETC. The costs as provided in paragraph (2) above are based on a page containing type for ordinary composition, as provided in Part One, paragraph (16). In the event the manuscript for the Code should contain tables, drawings, designs, Algebra formulae and the like for which either engraved cuts or other methods of reproduction other than straight linotype operation are required, the cost of such engravings or tabular matter will be additional to the costs as provided in paragraph (2) above. I� �G I, (5) PAYMENT. Money due hereunder shall be due and payable as follows: Upon signing of this agreement . . . $3,000.00 Within thirty (30) days of completion of the editorial conference . . . . . . . . . . 4,000.00 Upon submission of the galley proofs to the municipality for examination . . . . . . . . . 4,000.00 Balance upon final delivery of the completed Codes to the municipality. (6) FREIGHT CHARGES. The above costs do not include freight charges. The municipality shall pay all freight charges. The shipment will be forwarded prepaid and invoiced to the municipality at the.time of final billing. i PART THREE LOOSELEAF SUPPLEMENT SERVICE After the official adoption of the new Code as herein provided the Corporation shall maintain the same up -to -date by means of publishing Looseleaf Supplements containing the new ordinances of a general and permanent nature passed subsequent thereto. The Corporation will publish the Looseleaf Supplements i r containing the new ordinances as often as the municipality desires; provided, however, that a minimum of thirty (30) days shall be i required for delivery of a Supplement following the publication of the previous Supplement. In the performance of this Part Three, it is requested that the ordinances be forwarded to the Corporation promptly j following official enactment by the municipality. The Corporation; it _ 8 _ will publish the Looseleaf Supplements immediately upon receipt of the ordinances unless instructions from the municipality j direct otherwise. There shall be no penalties or additional charges incurred on the part of the municipality for more or less I frequent publication dates.. I In the preparation of the Looseleaf Supplements, the j I Corporation will study the new ordinances in conjunction with the f existing provisions of the new Code for the purpose of determin- ing if any provisions of the basic Code are repealed, amended or superseded. The page or pages of the Code containing provisions that are specifically repealed or amended by ordinance shall be reprinted or printed to remove such repealed or amended provi- sions and insert the new ordinances. Appropriate amendment or other editorial notes will be prepared and appended to the new sections explaining the effect of the new ordinances on the repealed or amended provisions. When the inclusion of new material nec,:ssitates changes in the index, appropriate entries will be prepared and printed, or when necessary, pages of the index will be reprinted to include the new entries. The Comparative 'table will also be kept up -to- date by listing the ordinances included in each Supplement and �. their location. Each Supplement will contain a page of instructions for removal of the old pages and the insertion of the new pages. The Corporation will prepare the ordinances editorially i as follows: Print three hundred (300) copies of each Supplement for the sum of TWELVE DOLLARS AND FIFTY CENTS ($12.50) per page, including blank pages. The looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate Index, will be kept up -to -date at the same time the Code volume is Supplemented. it -9- For the purpose of this agreement, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. The costs above are based on a page containing type for ordinary composition. Should the Supplement contain tables, drawings and the like for which other methods of reproduction other than straight linotype operation are required, the cost of such engravings or tabular matter will be additional to the costs as provided above. The Supplements will be shipped to the municipality, i' f.o.b., Tallahassee, Florida, for distribution to the holders of the Codes. The municipality shall have the exclusive right to sell the Codes and the Supplements. All money due the Corporation for the publication of Looseleaf Supplements will be due and payable upon shipment of each Supplement to the municipality and shall be payable within thirty (30) days after the date the municipality is invoiced for the same by the Corporation, without interest. The cost for the Looseleaf Supplement Service as provided herein shall be in full force and effect for a period of two (2) years from the date of shipment of the completed Codes to the municipality, and shall be automatically renewed from year to year without notice, provided that either party may alter or cancel the terms of this Part Three after the two -year period upon sixty (60) dayst written notice. i I The terms of this proposal shall remain in force and effect for a period of ninety (90) days from the date appearing .herein. �I I.� i I (, -10- • I� I� We at the MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this proposal to the CITY OF CORPUS CHRISTI, and sincerely hope that its terms are acceptable. i � Respectfully submitted, MUN CIPAL CODE CORPORATION �I f I Carlton C. Sm y Executive Vice President it ACCEPTED: CITY OF CORPUS CHRISTI ATTEST: By. R. Marvin Townsend City Secretary City Manager AP DAY OF NOVEMBER, 1972: *Ww* S° Q/ City Attorney CORPUS CHRISTI TEXAS DAY OF 19-L& TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES '- GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. , 'REV. HAROLD T. BRANCH THOMAS V. GONZALES - GABE LOZANO, SR. - n J. HOWARD STARK