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HomeMy WebLinkAboutOrdinance No. 176 ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CODIFICATION OF ORDINANCES WITH ~_~/~ ~ ~;! ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION t. That the City Manager of the City of The Colony, Texas, is hereby authorized to execute on behalf of the City a cont ct for codification of ordinances with ~t~(/'r~ ~50~,~ ~-~'~. approved/ such/contract in the amount of '~/~/~ The form of is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. READ AND PASSED ON THE ~ DAY OF ~C~ , 1981. APPROVED: /RICHARD TORNL~R~ MAYO~ ATTEST: APPROVED AS TO LEGALITY OF THE FORM: CITY ATTORNEY Proposal for. CODIFICATION OF ORDINANCES To: THE COLONY, TEXAS Date: September 21, 1981 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 CITY OF THE COLONY , a municipal corporation duly organized and existing under the laws of the State of TEXAS , hereinafter referred to as the Municipality, accord- lng 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 chang6s resulting thereby shah 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 1 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 ll(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 r~commendations 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. Alt editorial work will he 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 THE COLONY 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 thc 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). 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 thc 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 catchlines; (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 Iooseleaf binders. The tabs furnished will be in the standard format utilized by the Corporation. Special order tabs are also available. 3 (16) REPRINTS OF CHAPTERS. Additional copies of specific chap~ or any potion of the Code may bo prn~d at the same time the o~nal Code is printed as prodded 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. (17) CERTAIN SERVICES PERFORMED FOR MUNICIPAL ATTORNEY. It is expressly understood that, should any contract be entered into between the Corporation and the Municipality based upon this pro- posal, the services provided for in paragraphs (2) (d) and (e) above, and any other service involving findings or recommendations relating to the legality or validity of the ordinances, will be performed only for the Attorney for the Municipality and solely for the pur- pose of supplying information directly to him. (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. 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 ali 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: SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) The above sum is based on the following: (a) Fifty (50) copies of the Code; (b) Thirty (30) mechanical looseleaf binders, including special order tabs; (c) The following number of pages, based on the option chosen by the City: Format Number of Pages Excess Pa~es - Cost Per Page 1. 6 x 9 inch page 300 $20.00 2. 8-1/2 x 11 inch, single column page 200 30.00 3. 8-1/2 x 11 inch, double column page 150 40.00 The above estimates do not include the Zoning Ordinance. If Zoning is included, the additional cost will be based on the per page rate set out above. 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. * (3) PAYMENT. Money due hereunder shall be due and payable as follows: (a) Upon signing of the contract.. $1,500.00 (b) Within thirty (30) days after completion of the editorial conference. 2,500.00 (c) Within thirty (30) days after submission of the proofs to the Municipality.. 2,5 0 0.0 0 (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. * The above payment schedule is flexible and may be changed to meet the requirements of the City. PART THREE LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE. After the official adoption and shipment of the new Code as herein provided, t[~e 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 shah 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 £i fty ( 5 0 ) copies of each Supplement for the sum of: Opt. 1, 6 x 9 inch paqe: $16.00 per page, including blank pages. .Opt. 2, 8-1/2 x 11 inch single colunu~ page: $20.00 per page. Opt. 3, 8-1/2 x 11 inch double column page: $28.00 per page. 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 MATI'ER. 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 Su~plemehts 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 on_~ (1)_ year(/~ 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. l, ctfully ~ubmit~l, ION' President Attachments: Sample Pages Reprint Price List Resume' of Editorial Staff List of Cities