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HomeMy WebLinkAboutResolution - 443 - Contract - Municipal Code Corporation - Recodification Of City Code - 03/13/1980JCR:cl RESOLUTION #443 - 3/13/80 RESOLUTION c !' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and the Municipal Code Corporation, for recodification of existing City Code, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of March ,1980. WEST, MAYOR ATTEST;. 1 Evelyn Gaf ,�City Secr to y ea surer -APPROVED AS<TO`FORM: •""'4'7 n C. Ross, Jr., City Attorney CONTRACT RESOLUTION #44:3- 3/13/80 THIS AGREEMENT made and entered into this 13th day of March 19 80 by and between the MUNICIPAL CODE CORPORATION, a corporation duly organized and existing under the laws of the State of Florida, hereinafter referred to as the Corporation, and the r T my of T.TTRRO('K , a municipal corporation duly organized and existing under the laws of the State of - TPXAS , hereinafter referred to as the Municipality. WITNESSETH: That the Corporation shall prepare and publish a Code of Ordinances for the Municipality in accord with the terms and conditions of the Corporation's proposal dated the 1 nth day of - November , 19-7-9, a copy of which proposal is attached hereto and made a part hereof. It is expressly agreed by the parties hereto that the terms and conditions of said proposal shall have the same effect as if set out at length in this agreement, with the following exceptions or additions: NONE IN TESTIMONY WHEREOF, the Corporation has caused this agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal, and the Municipality has caused this agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal, this day and year first written above. ATTEST: ICI 4Exeice PORATION y: By (SEAL) _ Y Secretary President AT�ST: �- � v i ISE. (Title) APPROVED AS TO FORM: U y - LUBBOCK, TEXAS By — 0::::: (Title) Proposal for. CODIFICATION OF ORDINANCES To: LUBBOCK, TEXAS Date: November 12 .1, 1979 Submitted by: MUNICIPAL CODE CORPORATION 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 edit and codify the ordinances and publish a new Code of Ordinances for the VTTV O LUBBOCK , a municipal corporation duly organized and existing under the laws of the State of TEXAS hereinafter referred to as the Municipality, accord- ing to the following terms and conditions: PART ONE A. EDITORIAL WORK: The Corporation will, under the supervision of the Attorney for the Municipality: (1) ORDINANCES INCLUDED. Classify, edit and codify the ordinances of a general and permanent nature passed in final form by the Municipality as of the date of any contract entered into pursuant to this proposal; provided, however, that the Municipality may forward to the offices of the Corporation all ordinances passed subsequent to said date for inclusion in the new Code up to the time of notice of completion of the editorial work provided for in Paragraph (7) of this Part. (2) ANALYZATION AND EDITING. Analyze and edit the ordinances referred to in Para- graph (1) above so that the provisions of the new Code will be expressed in concise, modern and proper phraseology, without conflicts, ambiguities and repetitious provisions. Material changes resulting thereby shall be submitted to the Attorney for the Municipality for considera- tion and approval. The editorial process shall include the following: (a) Chapter Arrangement. Each chapter of the new Code shall be all-inclusive and shall embrace all ordinances dealing with the subject matter of that chapter, and within the chapter itself, the ordinances shall be arranged in an orderly and logical fashion. (b) Catchlines. Preparation of a catchline for each section, which catchline shall reflect the content of the section. (c) History Notes. Preparation of a history note for each section of the new Code, which note will indicate the source from which the section is derived. (d) State Law. The ordinances will be checked against the corresponding provisions of the general laws of the State and any conflicts or inconsistencies revealed thereby will be called to the attention of the Attorney for the Municipality. (e) Appellate Court Decisions. The reported decisions of the federal and state appellate courts pertaining to the ordinances of the Municipality will be "Shepardized" and any such decision affecting the validity of any such ordinance will be called to the attention of the Municipality. Appropriate annotations will be prepared and appended to the ordi- nances affected. (f) Footnotes and Cross References. Prepare editorial footnotes and cross references which tie together related sections of the new Code. Proper reference will also be made in the form of footnotes to relevant provisions of the state law. (See Paragraph 11(b).) (g) Omission of Obsolete Provisions. The Attorney for the Municipality will be informed of obsolete, outmoded, or unnecessary provisions which should be omitted from the codifica- tion. (3) CHARTER. If the Municipality operates under a special Charter granted by the state legis- lature or adopted by the people, the Corporation will compile and edit such Charter by working all amendments into their proper places and preparing explanatory notes, where necessary, to facilitate usage of such Charter and include the Charter in the new Code. The ordinances will be checked against the Charter and any conflicts or inconsistencies revealed thereby will be called to the attention of the Attorney for the Municipality. (4) NEW PROVISIONS. The Corporation will, during the course of the editorial work, make recommendations for new provisions where, in its opinion, there is an obvious need for legisla- tion on specific subjects. However, since the need for such new provisions is of a local nature and varies from municipality to municipality, the Corporation will rely, primarily, upon the Mu- nicipality to request specific recommendations as to new provisions. All recommended provisions must be approved by the Municipality. (5) 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 super- vising editor in charge of the Code will conduct an editorial conference with the Attorney and other officials in r.LTRRor 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 Corporation will be charged with the duty of carrying out all such desired changes. * (6) POST -CONFERENCE WORK. Upon completion of the editorial conference, the Code manuscript will be prepared for typesetting and printing. (7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of the post - conference work, the Corporation will notify the Municipality in writing that the Code manuscript is ready for typesetting and printing. No ordinances will be included in the Code manuscript subsequent to such notice. (8) PROOFS. After the entire Code is set in type, the Corporation will submit one (1) full set of proofs to the Municipality for review. The Corporation assumes the responsibility of proofreading and typographical correctness. The Municipality may make word changes on the proofs without charge. However, should the Municipality delete lines, entire sections, articles or chapters constituting more 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). It shall be the duty of the Municipality to return the proofs, with the changes indicated thereon, within thirty (30) days from the date of their receipt by the Municipality. If the proofs are not returned within said thirty (30) days, and if the Municipality does not, within said thirty (30) days, notify the Corporation that there will be a delay in returning the proofs, it will be as- sumed that no changes are to be made and the Corporation will proceed to print the Code and no changes shall thereafter be made in its content. (9) ADVANCE COPIES AND ADOPTION OF CODE. When the proofs are returned by the Municipality or at the expiration of thirty (30) days after their receipt by the Municipality, * See Page 4, Paragraph (6.1). 2 and in the absence of the notice of delay provided for in Paragraph (8) above, the Corporation will proceed to print the Code in accord 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 Corporation shall be furnished a true copy of the adopting ordinance and the Corporation will print the same to be inserted into all copies of the new Code. It shall be the responsibility of the Municipality to adopt the Code and furnish the Corporation with a copy of the adopting ordinance within ninety (90) days from receipt of the advance cop- ies by the Municipality. If the Code has not been adopted within ninety (90) days, the Corpora- tion will proceed with the binding and ship all copies of the completed Code to the Municipality. Upon such shipment, all moneys shall be due and payable as set out in Part Two, Paragraph (3). If the Code is adopted subsequent to such shipment, the adopting ordinance will be printed and forwarded to the Municipality for insertion in the Codes at such time as said ordinance is forwarded to the Corporation. *(10) INDEX. A comprehensive, legal and factual general Index for the Code will be prepared and inserted in the completed Codes prior to final shipment- An Index. will also be prepared for the Charter, if included in the Code. (11) TABLES. The following Tables will be prepared for the new Code: (a) Comparative Table. This Table will list all ordinances included in the Code in chronological and/or numerical sequence, setting out the location of such ordinances in the Code. (b) Statutory Reference Table. All state law citations set forth in the Code will be listed together with their location in the volume. B. PRINTING AND BINDING SPECIFICATIONS: (12) PRINTING. The Corporation will print: (a) The text of the Code in ten -point type with boldface catchfr-rres; (b) The Index in eight- or ten -point type, depending on the page format; (c) The editorial notes and cross references in eight- or ten -point type with boldface headings; (d) The specified number of copies of the Code, as set out in Part Two hereof, on 50 lb. English Finish Book Paper, or its equivalent; (e) The page size shall be as provided in Part Two, Paragraph (2). (Samples attached.) (13) TABULAR MATTER. In the event the manuscript for the Code should contain tables, drawings, designs, Algebra formulae and the like for which either engraved cuts or special methods of reproduction are required, the cost of such engravings or tabular matter will be additional to the costs as provided in Part Two, Paragraph (2). However, there is no additional charge for Index or Comparative Table pages. (14) BINDING. The Corporation will bind copies of the completed Code in mechanical post - type binders, each with slide -lock fasteners and with imitation leather covers stamped in gold leaf, as provided in Part Two, Paragraph (2) hereof. The unbound copies of the Code, if any, will be punched and wrapped separately for storage and eventual binding by the Municipality. Addi- tional binders can be ordered at any time by the Municipality, at the then current prices. (15) SEPARATOR TABS. The Corporation will furnish, without additional charge, separator tabs for the major portions of the Code for all copies housed in mechanical looseleaf binders. The tabs furnished will be in the standard format utilized by the Corporation. Special order tabs are also available. * Proofs of the Index will be fuzrished, if desired. (16) REPRINTS OF CHAPTERS. Additional copies of specific chapters or any portion of the Code may be printed at the same time the original Code is printed as provided above, and bound in paper covers for separate sale or distribution by the Municipality. A price list is attached to the back of this proposal. C. OTHER. (6.1) POST CONFERENCE MEMORANDUM. Upon completion of the edi- torial conference, the supervising editor will prepare an editorial memorandum, setting forth the substantive changes in the ordinances approved at the editorial conference. (17) TIME SCHEDULE. The following is a tentative time schedule in the preparation of the new Code: (a) Editorial conference in Lubbock . . . 6 months after receipt of the material for use in the editorial work. (b) Post conference memorandum . . . . . 1 month after completion of the editorial conference. (c) Delivery of proofs to City . . . . . 5 months after approval of the editorial memorandum. (d) Advance copies to City . . . . . . . 3 months after return of the proofs. . _ (e) Delivery of completed Codes to City . 3 months after receipt of the adopting ordinance. 4 PART TWO The Municipality will: (1) COPIES OF MATERIAL. Furnish the Corporation for its use in the editorial work, either typed or printed copies of all ordinances of a general and permanent nature passed in final form. (2) COSTS. Pay the Corporation for the work of editing, printing and binding as herein pro- vided as follows: TWENTY-THREE THOUSAND SEVEN HUNDRED DOLLARS ($23,700.00) The above sum is based on the following: (a) Two hundred and fifty (250) copies of the Code; (b) One thousand one hundred (1,100) page Code, in the 8-1/2 x 11 inch single column format. The Code will be printed on both sides of the sheet. There shall be no charge for blank pages. Pages in excess of 1,100 will be charged at TWENTY-ONE DOLLARS AND FIFTY CENTS ($21.50) per page. Pages fewer than 1,100 will be deducted at TWENTY-ONE DOLLARS AND FIFTY CENTS ($21.50 per page. (2.1) MECHANICAL LOOSELEAF BINDERS. Binders may be purchased at a cost of NINE DOLLARS ($9.00) each. Minimum order of one hundred (100) binders. (2.2) SEPARATOR TABS. Separator tabs may be purchased as follows: Standard tabs . . . . . . . . . no charge Special order tabs . . . . . . $ 0.12 each For the purposes of this Part Two, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. * The Corporation will utilize the 1956 Code as supplemented and copies of subsequent ordinances.5 (3) PAYMENT. Money due hereunder shall be due and payable as follows: (a) Upon signing of the contract. . . . . . . . . . . . . . . . . . $4,000.00 (b) Within thirty (30) days after completion of the editorial conference. . . . . 7,500.00 (c) Within thirty (30) days after submission of the proofs to the Municipality. . . 7,500.00 (d) Balance upon final delivery of the completed Codes to the Municipality. (4) 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 Mu- nicipality at the time of final billing. 6 PART THREE LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE. After the official adoption and shipment of the new Code as herein provided, the Corporation shall maintain the same up to date by the publication of Looseleaf Supplements containing the new ordinances of a general and permanent nature enacted by the governing body. The Supplements can be published monthly, bimonthly, quarterly, semiannually or annually„ depending on the requirements of the Municipality. There is no additional charge for more fre- quent publication. A minimum of thirty (30) days shall be required for delivery of a Supple- ment. (2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. It is requested that the ordinances be forwarded to the Corporation promptly following enactment by the Municipality for recording and processing. (3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of the law editorial staff of the Corporation in conjunction with the existing provisions of the new Code for the purpose of determining 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 provisions and to insert the new ordinances. Should the Corporation detect conflicts, inconsist- encies or duplications in the Code as the new ordinances are enacted, notification will be made to the Attorney for the Municipality so that remedial action by the Municipality may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the Corporation. (5) INDEX AND TABLES. When the inclusion of new material necessitates changes in the Index, appropriate entries will be prepared and the necessary pages of the Index will be re- printed to include the new entries. The Comparative Table will also be kept up to date by listing the ordinances included in each Supplement, together with their disposition in the Code. The Table of Contents will also be kept current to reflect changes in the Code volume. (6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. (7) COSTS. The corporation will prepare the ordinances editorially and print two hundred and fifty (2 5 0) copies of each Supplement for the sum of. _SEVENTEEN DOLLARS ($17.00) per page, exluding blank pages. For the purpose of this Part Three, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. (8) TABULAR MATTER. The costs provided in Paragraph (7) above are based on a page containing type for ordinary composition. Should the Supplement contain tables, drawings and the like for which special typesetting or other methods of reproduction are required, the cost of such engravings or tabular matter will be additional to the costs as provided above. However, there is no additional charge for Index or Comparative Table pages. 7 (9) FREIGHT CHARGES. The Supplements will be shipped to the Municipality, for distribu- tion to the holders of the Codes. The shipment will be prepaid and invoiced at the time of final billing. The Municipality shall have the exclusive right to sell the Codes and Supplements. (10) PAYMENT. All money due the Corporation for the publication of the Looseleaf Supple- ments will be due and payable within thirty (30) days after the date the Municipality is invoiced for the same by the Corporation, without interest. (11) TERMINATION. The Looseleaf Supplement Service provided under this Part Three shall be in full force and effect for a period of Qne ! 1) year(Ej from the date of shipment of the completed Codes to the Municipality and shall be automatically renewed from year to year, provided that either party may alter or cancel the terms of this Part Three upon sixty (60) days' written notice. The terms of this proposal shall remain in force and effect for a period of ninety (90) days from the date appearing herein. We at MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this proposal and sincerely hope that its terms are acceptable. Attachments: Sample Pages Reprint Price List 8 submitted, CODE CORPORATION Carlton C. Executive Vice President CIVIL DEFENSE § 8-1l' Sec. 8-9. Mutual -aid agreements. (a) The chief executive officer of the city, with the approval of the governor, may enter into mutual -aid arrangements or agreements with other public and private agencies within and without the state for reciprocal civil defense aid. Such arrangements or agreements shall be consistent with the state survival plan, and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual -aid arrangements or agreements. (b) The director of the local organization for civil defense may assist in negotiation or reciprocal mutual -aid agreements between his organization and other public and private agencies and between the governor and the adjoining states or political subdivisions thereof, and shall carry out arrangements or agreements relating to the local unit. (Code 1962, § 8-8) Sec. 8-10. Use of services, facilities, etc., of state, etc., agencies, etc. In carrying out the emergency powers under the provisions of this chapter, the chief executive officer is directed to use the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and of the political subdivisions thereof, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor and the Missouri Civil Defense Agency upon request. (Code 1962, § 8-9) Sec. 8-11. Gifts, grants and loans. Whenever the federal government or the state government, or any officer or agency thereof, shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, material or funds by way of gift, grant or loan, for the purpose of civil defense, the state acting through the governor, or the political subdivision, acting with the consent of the governor and through its executive officer, may accept such offer and upon acceptance the governor or executive officer of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the state or the political subdivisions subject to the terms of the offer. (Code 1962, § 8-10) Sec. 8-12. Procurement of services, supplies, etc., in emergency generally. In the event of an emergency as defined in the Missouri Civil Defense Act of 1959, the municipal director of civil defence is authorized, on behalf of the municipality, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to municipal contracts or obligations, as authorized by the Missouri Civil Defense Act of 1959; provided, that if the city council meets at such time, he shall act subject to the directions and restrictions imposed by that body. (Code 1962, § 8-11) 563 98-13 NEOS14O CODE Sec. 8-13. Certain statutory requirements may be waived in event of enemy attack. In the event of enemy attack, the city manager or city council may waive any time consuming procedures and formalities otherwise required by statute pertaining to the advertisement for bids for the performance of public work or entering into contracts. (Code 1962, § 8-12) [The next page is 615] 564 CODE INDEX ' CITY -OWNED PROPERTY. See: Property Section CITY POUND City to provide for, maintenance, etc ................... 6-27 Animals and fowl. See also that title CITY PURCHASING AGENT City manager to be agent ............................. 2-129 Office established ........................ .. ...... 2-128 Powers and duties generally .................. ..... .. 2-130 Additional duties enumerated ............... . .... 2-131 CITY SEAL City clerk affixing city seal, etc . ....................... 2-101 Official city seal ..................................... 2-1 CITY TREASURER Annual report ........................ ......... .. Appointment, term of office ........................... 2-122 2-27,2-110 Countersigning city checks ...... ............... .. 2-205 Duties generally ...................................... 2-111 Unauthorized use of money, warrants, etc ............... 2-113 CIVIL DEFENSE Definitions.......................................... Director of civil defense organization 8-1 Generally .......................................... 8-4 Enemy attack Certain statutory requirements may be waived in event of............................................. 8-13 Purpose of local organization re ...................... 8-2 Gifts, grants and loans ................................ 8-11 Local organization Appointment, etc., of personnel ...................... 8-6 Composition ....................................... Director........................................... 8-3 8-4 Established ........................................ 8-2 Functions generally ................................. 8-5 Mobile support units ............................... 8-6 Oath of personnel .................................. 8-7 Office space ....................................... Purpose........................................... 8-8 Mobile support units ................................. 8-2 8-6 Mutual -aid agreements ............................... 8-9 Procurement of services, supplies, etc., in emergency generally......................................... 8-12 State and political subdivisions thereof Use of services, facilities, etc., of ..................... 840 Use of services, facilities, etc., of state or other agencies .. 8-10 CLAIMS AGAINST CITY Corrupt allowances of claims by city officers, etc. ... 2-43 2427 NE09HO CODE CLAMS Section Sanitation requirements for shellfish ................... 11-23 Food and food establishments. See also that title CLERK. See: City Clerk COCA LEAVES Drugs. See that title CODE OF ORDINANCES* Altering code .......................... ... ....... Amendments to code ................................. Catchlines of sections ................................. City council's and city clerk's duties re. See: City Council City manager to see that ordinances are enforced ....... City -owned property Applicability of ordinances to ...................... . Continuations of existing ordinances Provisions considered as ............ ........ ... . Definitions and rules of construction ................... Designated and cited, how ... ....... . Existing ordinances Provisions considered as continuations of ............. Offenses. See within this title: Violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Penalties. See within this title: Violations Repeal, etc., of ordinances Effectof ........................................... Severability of parts of code ........................... Violations Chief of police reporting, etc ......................... Police department. See also that title City attorney to prosecute violations of ............... Continuing violations ............................... General penalty .................................... Parties to an offense ................................ Prisoners may be required to work on streets, etc... . Escape of . When same offense punishable under different ordi- nances,etc..................................... COHABITATION Prohibited ........................................... COLLECTOR. See: City Collector 2-57(2) 1-10 1-3 1-4 1-5 24-36 2-82 1-11 1-11 1-13 1-14 19-3 1-12 19-133 *Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. 2428 REPRINT PAMPHLET PRICE LIST June 1, 1979 A. At Time of Initial Printing: 1 - 50 copies . . . . . . . . $3.70 per page Each additional 50 copies . . 0.40 per page B. After Initial Printing: 1 - 50 copies . . . . . . . . $4.70 per page Each additional 50 copies . . 0.40 per page C. Cordwain Paper Covers (Includes printing and fasteners) : 50 covers . . . . . . $45.00 Each additional 50 covers . . 20.00 For the purpose of this price list, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. If desired, reprint pamphlets can be kept up-to-date at the same time the Code volume is supplemented, at the cost set out in Item A above.