HomeMy WebLinkAbout04465 ORD - 02/15/1956AC:2/15/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A CONTRACT WITH taiICHIE CITY PUBLICATIONS COMPANY,
INC., FOR PROFESSIONAL SERVICES IN COMPILING, EDITING
AND PRINTING A CODIFICATION OF THE CITY ORDINANCES,
A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE
A PART HEREOF; PROVIDING FOP. PAYMENT OF $6,0.00 OUT
OF THE 102 CURRENT FUND, EMERGENCY AND NOPJ —REC RRING
EXPENDITURE ACCOUNT AND BEING THE SAMENCHIES AS 15 PRO-
VIDED fN THE 1955-5t BUDGET; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUIJCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
NO DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRIST ITO EXECUTE A CONTRACT
WITH MI CHI E CITY PUBLICATIONS COMPANY, INC., FOR PROFESSIONAL SERVICES IN COM-
PILING, EDITING AND PRINTING A CODIFICATION OF THE CITY ORDINANCES, A COPY OF
SAID CONTRACT BEING ATTACHED HERETO AND MADE A /PART HEREOF.
SECTION 2. THAT THE PAYMENT OF tf6,850.00 FOR SUCH PROFESSIONAL
SERVICES SHALL BE MADE OUT OF THE 102 CURRE14T FUND, EMERGENCY AND NOIJ— RECURRING
EXPENDITURE ACCOUNT, BEING THE SAME MONIES AS IS PROVIDED IN THE 1955 -56 BUDGET.
SECTION 3. THE NECESSITY FOR CODIFYING THE ORDINANCES OF THE CITY
AT AN EARLY A DATE AS POSSIBLE 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 AND 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,
ANDHAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS OEDINANCE
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.
PASSED AND APPROVED THIS 15TH DAY OF FEBRUARY, 1956 p
ATTE
dEST' WI AYOF
/) A� THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRE AFj
APPROVED AS TO LEGAL FORM
FEI�RQARY 15, A956:
CITY ATTOiZNtY
q 45
THIS Al}MEWNT, made and entered into this
day of
c++:ween MICNIk: CITY ?Vi1 ,ICATION9 UpMpANy, a curuorar.ion duly organised, created and
pxiesa ;:s :.auier the laws of the Uommonwealth of Virginia, party u, Lr,as firal part, Arad
iHla "f1, a municipal oarparation in thaw dtate of Y'ezae, F,yu.u� ut gram aeound part,
WI1UMETHa That, in oonsidsratiun ❑1 gnu sums of maneay Uarrlue,`'tar Agreed t3
L's ra.y 'ru the party 0V the first part by the party of Elio second parr;, the saki M1ahle
Gyr,,r rw�_�:aatians oomPw , Pw'ty of 'ttae first part, &Kress to arw vim, the Said U1W of,
party oy rho second Part, end Its auaoeesat•e and sasiWaa, that it Will aio
thw i.... aims work and render and pertbrm tna following mervlaes lr: wranoccin❑ with the
of the new code of Ordinances for Uorpus Christi, Talmo, uxa.e
_. codify time Urdinanaas of a general and permanent nature. In the
aaµrme nY this work the Editors will work into proper p',acem In the
original ordinances all Amendments, and shall dsleL6 from thw
original vrdinancaea the provisions that have been eApreasly repealed.
Thum, eaalh Urdinance will be made Lu refloat the last ward of the
governing body in that particular inatanae. There Lhsre appears to
be an antiquated ordinance, recommendation u!' delsti.an will be muh-
mitted. The existence of the absenas of are ordinance frequently in
effect in cities .T comparable population will be rsaammended tar
a+aring by* suurllmmion of A Suggveted form of Vrdlnaaws,
The Technical Cades, including the Huilding, t+lumbinw,
&leetriaal and !tire Prevention ;lades, may be inaluded or excluded at
the option al: the City Attorney and the decision at, tiia point must
be made Within thirty 00) days after the exeuutioal as "' ti,1s con-
tract.
A. The Ohartar shall be excluded 1"rom Llaa new rode.
S. The Clydinanoss shall be alaseifieh aouardinW to sunject matter so that
411 related Ordinances Shall be grouped together W aanet
Mute an ita-
dividual chapter in the new oade manuaaript. The amendai,ory pro -
visianm stall be accorded their proper planes and use repealed, autModed
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and antiquated provisions shall be eliminated. Thia applies to the
Provisions that have been expressly repealed and also to those which
have been repealed by implication or by judicial decision but all such
provisions thought to be repealed by implication or judicial decision
shall first be brought to the attention of the City Attorney together
Kitt: explanations thereof and for a ruling thereon by the City Attor-
ney,
4. The Ordinances shall be edited for punctuation, grammar and style by
the Company's Editors. If in any came a change in substance of any
Ordinance is thought possibly desirable such possibility will be oalled
to the attention of the City Attorney with a statement of the reasons
why such change may possibly be desirable. No such ehwVe in the sub-
stance of any existing Ordinance shall be made unless the City Attorney
has first given his express approval.. Likewise the Editors will sub -
Mit to the City Attorney Ordinances of other cities with which they are
familiar covering subjects not covered or not fully coveted by the
existing Ordinances but no such Ordinance shall be Included in the Code
except upon the direction of the City Attorney. The City Attorney
shall be free to accept wholly or in part any or all of the suggestions
auhmitted by the Company's Editors, or the City Attorney may subodt
matters for consideration and suggestion by the Editors and the action
Of the Editors may be accepted or rejected wholly or In part by the
City Attorney. The Editors shall not, without the approval of the city
Attorney, omit any Ordinances even though they are believed to have
been repealed or to have become obsolete.
�. The Ordinances shall be checked against the corresponding Laws of the
State of Texas And any discrepancies between the Ordinances and such
Laws shall be called to the attention of the City Attorney and ahangea
made as he may direct.
6. The Ordinance& shall also be checked against the decisions of the Supreme
Court of Texas, the Texas Court of criminal, Appeals and the Supreme
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Ocurt of tie United dtates and arty uases declarli4 any portion of
eucih Ordinances unconstitutional or uouatru:.ns tbdm ou"I ue as v
7.L 'C llc ri .X. ®: 4i0 /S
1:1' tre ;;i'j A t-iCr6iov uj1 u ona WG9 4:i-le jmll-
64A.L -1 31raut, t.- u4iv uo.t, .1bCa-
iuuie" uuirzaruad In the t'vdv raaus irA Fla .1 %.i ; .>r nzuua-
ta"LTna .0 dtuch urdina nces.
The &cu wre mall prepare aauurate ,atotillnev fur trrm individual sec+-
tiurA rya &law Ordinanoss.
The 4oli,vrat mall aleu propose a r'r'ont&i aaalydls Lu sasvh ladlvidual.
ahaptaz° �3" Lhe uxie.
Mo {;Sous erase ret'aren��ea; atnd editur.ta:i facatnonwa shall ue prepared and
wrmn appzvred Oy Low :lty Attorney dnaxll Cie carried In appropriate
plaoes turuugliuut Lila Fade.
A oamplsi.o sad nomprehensive general index to he antirs (Jose shall Ot
prepared, w the satisfaction of 1bu ulty Attorney, by the k:ditors and
inoluded in ins completed Cads,
li. Codiflvaticii of the ardinancee stual include this haazdlinjW, of all Ordi-
nanoes passed by the governing body of the City ul Uorpus Christi up
tzz tae tame the Ocide manuscript is revlewed with the u1Ly Attorney.
Any Crdinanoee passed by tho governing tndy suhsequent to the date at
the "vaution of this agreement shall be forwarded from tine to tiara
tai the ludltvrisl, Offices of trio Company so that such provisions may be
aecordecl their proper plsoes in the new Code manuoeript. After the
manusarlpt hoe been inspected srd approved by the City Attorney, no
new ur additional material, other tnlnn requiromento made at the time of
ax)prrtra,t stvnl.l 00 added u" inavr raz to the manusoript,
When oaltbu,th"i:,^ cwmpssta3 tno iomp"q anal3 rwtSiv tno Uity Attarnr:y
rutc7 me company idlll sIther senU the Dodo manuscript to Oarpus Christi
by ills dupervining Editor, aril =*re review the mauueoript with the
tlity Attorney or, in 'lieu thereof, The G1ty Attorney may come to the
Xditorial Offices of the Company in Oharlottesville, Virginia, for tkw
..�ft
PurPcse of reviewing said manuscript. If the City Attorney elects
to cone to Charlottssville, Virginia, for such purpose, then the
0QmPanY agrees to defray his traveling expenses from Corpus Christi
to Charlottesville and return, and his living expeasea virile in
Charlotteaville.
13. After being reviewed and approved by the City Attorney, the Manuscript
will then be put in final form so AS to include all changes that have
been agreed upon at the editorial conferences with the pity Attorney.
Thus, the manuscript will be put in shape for typesetting and printing.
14. When authorised by the City officials, a Supplement will be prepared
with the saws degree of care and shall contain amendments and now Ordi-
nances adopted after the oomplation of the main Oode, ouch Supplement
work to be done upon terms and conditions as shall be agreed upon by
the Company and the City officials of Corpus Uhri&ti, at the time
authorization is Pivrn to prepare the Supplement, ri�,i
Ai, i. ', � < 41 y'1._: A , .' I N SECT I UN 4 4N PAGE 6 HEnEvF,
Michie UitY Publication& ckmpany agrees to print and bind the
Code in Anal form according to the following &psoifioations,
1. The text of the entire Code is to be set in sharp, clear ten -paint
roman type with boldface catohlines, the We Page to be 25 x 42 pica&
and the over -all page size to be 6 x 9.
2. The footnotes, genre; index and chapter analyses shall be in
sight -point roman type. The main headings of the general index shall
be in boldface type.
3. The Oode is to be printed an English Finish Hook paper, Iifty pound
aubat&aoe, a sample of which has been furnished to the Uity.
4. Them shall Foe printed and bound for delivery to the City of Uorpue
Christi tion hundred (200) copies of t" Code. These two hundred (200)
copses may be either permanently bcurui or bound in looeeleaf fashion,
using the Ohieago screw poet binder, or in a ring binder, at the option
Of the pity Attorney, which decision oar, be made at the time the editorial,
manuscriPt is inepected V the City Attorney. It is here recommended by
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loxsa
the Company that one hundred (1C0) copies be penunently bound with
a pocket in the inside back cover for supplemental upkeep service,
and the remaining one hundred (100) copies be put in looeeleaf form,
.,�.-.,,E .-_ � +`.up�u rc:ruw }rare;. i+:.aurr, neap �� maid aram ,;aa➢areu ,lJl;;
copies to contain a supply of blank pagae to facilitate the periodical
upkeep service thereof. The lettering on the covers of the two
hundred (20C) copies shall be in pure gold. The screw post or ring
binder shall be of sufficient size to bind the entire Code, £ootnotee,
annotations, cross referencee and index plus fifty (50) blank sheets of
paper.
'-U City of 0orpus Christi, Texas, contracts and agrees as fol.
1. 'ro furnish Michle City Publicatione Company with two (2) copies of the
last printed Code of the Cit of Go ' 4", �"
Y Corpus Ghristiriand three (3) copies
Of any 3upplsment theretoV In addition, the City is to furnish the
Company with copies of the Ordinances of a general and permanent
nature passed since the last Code was published and if copies of all
such ordinsnaas be not available, then the City will send to the
OOmpaaryss Offices the ordinance Books from which the Company will take
Photostatic pictures of the needed Ordinances and then will return
the Ordinance Nooks to the City He11 in florpus Christi unmarked and
undamaged, or the City may make photostatic s:opiae of the Ordinances
Of a general and permanent nature, in lieu of sending the original
Books to the Company, but it is agreed that if the City does make such
photostatic copies, then such copies shall be made on a white back -
grcursd with the teat of the Ordinanoea to be in black. In other words,
such photostatic copies, if made, shall be black on white.
The shipping costs of sending the Ord,4w"e books to Char•
lotteeville, 9lrgini4, and return, if this procedure is followed, shall
be borne by the company.
To pay Michie City publications company for the Mark heroin contracted
for the sum of sixty-eight hundred and fifty (86850.no) dollars, which
.5.
sum anticipates a Code not to exceed fire hundred
(-Q0) printed
Pages and for pages in excess thereof, the City shall pay the Coen••
Pang seven ($7.00) dollars per page, to corer the extra editorial
Mork and the extra typesetting and printing.
The soneya due the Company under this agreement shall be
due and payable as follows A first payment in the amount of
twenty two hundred and fifty ($2250.00) collars shall be due and payv.,
able at the time of the executiOn of this contract; a second payment
in the amount of twenty -two hundred and fifty ($2250.00) dollars shall
be due and payable at the time of the completion of the basic edi-
torial manuscript (exclusive of the general index which shall be pro,
pared from galley proofs), and the inspection and approval thereof by
the City Attorney; the balance due the Company under this contract
shall be due and Payable upon the completion of all Mork herein oon-
tracted for and the delivery of the two hundred (200) copies of the
Code as herein provided.
3. To pay the delivery charges of the copies of the pods from Charlottes-
ville, Virginia, to Corpus Christi, Texas.
4. The Company also agrees to do the editorial work On and to print for
the City two hundred (200) copies of the first Supplement to this new
edition of the City Code, the work of preparing this Hupplement to be
Paid for by Michie City Publications Company provided the Supplement
does not contain more than fifty (50) printed pages, and for each page
over and above fifty (5o), if air, the City shall pay the Company
seven ($7.00) dollars per page.
IN TESTIMONY hWRWF. the said Michi® City Puhl.ieationa gompWW,
party of the first part, has caused this agreement to be executed in its name by
its President and attested ey its Secretary, and its corporate seal to be attached,
all b7L order of its Hoard of Directors duly given, end the said City of Corpus
Christi, party of the second part, has likewise caused this agrewwd to be
0-:VtOd In its no" by its and attested by its City Clark and
its ourporate seal to be attached+ all by order of its goveraizig body, this the day
and year first &toys written.
AMSTi
�e0P0�ar7
ATTFdTo
ar
APPROVED AS TO FORMI
�7_
KiOnE CI PUBLICATIONS O MPANT
CTTT OF CORPUS CHRISTI
4
Corpux.Gl sti, Texas
TO- TK,HEMBER$ OF THE CITY COUNCIL
Corpua.Chri.stie.Texas
Gentlemen:
For the reasons set forth in the emergency clause of the foregoing
ordinance, a puhlic emergency and imperative necessity exist for the suspen-
sion.of:th*.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,
hereby request that you suspend said Charter rule or requirement and pass
this ordinance finally on the date it is'introduced, or at the present meeting
of the City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Farrell D. Smith
Minor Culli
W, J. Roberts
B, E. Bigler
Manuel P. Maldonado
The above ordinance was passed by the following vote:
Farrell D. Smith
Minor Culli
W, J. Roberts
B, E. Bigler
Manuel P, Maldonado
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