Ordinance No. 7,766ORDINANCE NO. 7766
AN ORDINANCE ACCEPTING THE PROPOSAL OF MUNICIPAL CODE
CORPORATION FOR THE CODE OF ORDINANCES RECODIFICATION AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ELEVEN
THOUSAND AND NO /I 00 DOLLARS ($11.000.00): MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown, Texas, did authorize the Purchasing
Department for the City of Baytown to advertise for proposals for the Code of Ordinances Recodification
to be received June 27, 1996; and
WHEREAS, notice to bidders as to the time and place, when and where the proposals would be
received was published pursuant to the provisions of Section 74 of the Charter of the City of Baytown; and
WHEREAS, all proposals were opened as per published notice, and folowing review of the
proposals, the proposal most advantageous to the City by a responsible offeror was determined; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby accepts the proposal of
Municipal Code Corporation as the most advantageous proposal to the City of Baytown by a responsible
offeror, for the Code of Ordinances Recodification for the sum of ELEVEN THOUSAND AND NO /100
DOLLARS ($11,000.00), and authorizes payment thereof.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §
252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND NO/ 100 DOLLARS ($15,000.00) or less,
subject to the provision that the original contract price may not be increased by more than twenty-five
percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor
to such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 8th day of August, 1996.
/ �
PETE C. ALFARO, Mayor
ATTEST:
9Z. e. e�
EILEEN P. HALL, City Clerk
APPROVED AS TO FO
ACIO RAMIREZ, S City Attorney
c:\counci l\rneetingslaugustlordrecod_8
PROFESSIONAL SERVICES
PROPOSAL
BAYTOWN
TEXAS
August 5, 1996
EXHIBIT A
Table of Contents
CONTRACT:
PART ONE - RECODIFICATION OF CODE
Pale No.
(1)
Ordinances Included ....... . ............... 1
(2)
Omitted Ordinances ....... .... ...... ....... 1
(3)
Legal Research and Review ... .. .............. 1
(4)
Certain Services .......................... 2
(5)
Conference with Attorney ... . ........ ........ 2
(6)
Conference Memorandum ... .. . .. .... .. ... ... 2
(7)
Editorial Work ............ . ............. . 2
(8)
Notice of Completion of Editorial Work ........... 3
(9)
Typesetting and Proofs .... ... ............... 3
(10)
Index . . .... ..... .. .. . . . . . . . . . .. . .. .. . 4
(11)
Printing and Binding ....................... 4
(12)
Digitized Code ........................... 5
(13)
Information Retrieval Software ................. 5
(14)
Internet Connection ........................ 5
(15)
Time Schedule ........................... 5
(16)
Shipment, Adopting Ordinance . ................ 6
(17)
Distribution and Storage of Codes
and Supplements ......... ... .. ............ 6
PART TWO - LOOSELEAF AND /OR ELECTRONIC SUPPLEMENT SERVICE
(1)
Schedule ..............................7
(2)
Ordinances to be Furnished by City .. ...... ...... 7
(3)
Editorial Scrutiny ......... ... ............. 7
(4)
Editorial Notes ............... ...... ..... 7
(5)
Index and Tables ......................... 7
(6)
Instruction Sheet ........... .. .. . . ......... 7
(7)
Checklist ................. ........ ..... 7
(8)
Tabular Matter .............. . ..... . ..... 8
(9)
Electronic Supplementation ...... . ...... ...... 8
(10)
Reprints ............................... 8
(11)
Sample Ordinance Service ......... ........... 8
(12)
Annual State Law Review; Report .... ........... 8
(13)
Analyzation of Code ............. .......... 8
(14)
Shipment .............................. 8
(15)
Termination ............ ......... ....... 8
QUOTATION SHEET ..............................9
SIGNATURE PAGE .................. . .. .......... 12
PROFESSIONAL SERVICES CON TI RAC T
The NTLJNT ICIPAL CODE CORPORATION, a corporation duly authorized and existing
under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to
research, edit, and recodify the Code of the CITY OF BAYTOWN, TEXAS, a municipal
corporation duly organized and existing under state law, hereinafter referred to as the City,
according to the following terms and conditions:
PART ONE
RECODIFICATION OF THE CODE
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the City
Attorney, recodify the 1967 Code as supplemented through Supplement No. 107. The City may
forward ordinances subsequently passed for inclusion in the new Code until notice is received
that the editorial work has been completed. The ordinances may be furnished in hard copy or
on diskettes or via e-mail, if available. If diskettes are provided by the Municipality, it may
be requested that a copy of the ordinance be furnished for verification purposes.
(2) OMITTED ORDINANCES. The following ordinances, which are not of a general
and permanent nature, will be omitted from the new Code unless otherwise mutually agreed
upon by MCC and the City: Appropriations; Franchises; Bonds; Vacating Street; Tax Levies;
Special Elections; Contracts and Agreements; Rezoning; Personnel Regulations; Annexations;
and Traffic Schedules. If any question arises as to whether a particular ordinance is of a
general and permanent nature, MCC will omit said ordinance upon approval by the City.
(3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with
the City Attorney. Before the conference with the City Attorney, MCC's attorney will:
a) State and Federal Law. Research the Code and subsequent ordinances to be
included in the new Code against state and federal law. This process will
discover inconsistencies and conflicts with, and preemptions by, the state and
federal law.
b) State law references. Update all state law references and append new references
as necessary.
c) Charter. Research every ordinance to be included in the Code against the
City's Charter. Conflicts and inconsistencies with, and preemptions by, the
Charter will be brought to the attention of the City Attorney. The Charter will
be analyzed against state law and appropriate explanatory notes prepared.
d) Internal consistency. Research the provisions of the Code and subsequent
ordinances to determine if there are inconsistencies or conflicts between existing
laws and obsolete provisions-
1
(4) CERTAIN SERVICES PERFORMD FOR CITY ATTORNEY. it is expressly
understood that, should any contract be entered into between MCC and the City based upon this
proposal, the services provided for above, and any other service involving findings or
recommendations relating to the legality or validity of the ordinances, will be performed only
for the City Attorney and solely for the purpose of supplying information directly to the
Attorney.
(5) CONFERENCE WITH ATTORNEY. MCC's attorney will travel to the City for
a conference with the City Attorney and other interested officials. The following will occur
at the conference:
a) Issues. Issues discussed will include all inconsistencies and conflicts discovered
during research, as well as obsolete provisions.
b) Solutions. Recommendations will be made regarding solutions to the issues
discussed.
c) Implementation. Agreed upon solutions will be implemented with the help of
MCC's attorney. The City Attorney has ultimate decision making authority for
solutions and implementation.
d) Sample ordinances. MCC has an extensive collection of Sample Ordinances.
Recommendations will be made regarding new legislation on specific subjects
where there is an obvious need. To facilitate this, the City should request
recommendations on subjects of specific concern.
e) Organization. Organization will be reviewed with the City providing comments,
criticisms or suggestions.
(6) CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will
draft and submit a memorandum outlining the changes, solutions and implementations agreed
upon. This memorandum is extremely useful upon receipt of the proofs; it is recommended the
proofs be reviewed in conjunction with the conference memorandum.
(7) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper phraseology. Concise, modern and proper phraseology, without
conflicts, ambiguities and repetitious provisions.
b) TYtle or Chapter arrangement. Each title or chapter of the new Code shall
embrace all ordinances of the same subject matter. Within the chapter itself,
the ordinances shall be arranged in an orderly and logical fashion, to include
articles and divisions as necessary. Titles, chapters and sections will be reserved
for future expansion.
2
c) Table of contents. This table will list thr tit!e.s or chapters of the Code, and
other applicable major divisions, giving the page number upon which each
begins.
d) Title or Chapter analysis. Each title will list all chapters; each chapter will be
preceded by a detailed analysis listing the sections.
e) Catchlines. Each section will be preceded by a catchline, which shall reflect
the content of the section.
f) History notes. A history note will be prepared for each section of the new Code
unless the section was added during the project. The note will indicate the
source from which the section is derived. If the section is derived from an
existing Code, the appropriate section of that Code, as supplemented, will be
cited, together with amendatory ordinances.
g) Cross references and footnotes. Cross references will be prepared to tie
together related sections of the new Code. Proper explanation will also be made
in the form of footnotes to relevant provisions of the Code.
h) Charter references. Charter references will be prepared to tie together related
sections of the Charter and new Code.
i) Comparative table. This table lists all ordinances included in the Code in
chronological and /or numerical sequence, setting out the location of such
ordinances in the Code.
A table will also be prepared setting out all sections of the prior Code included
in the new Code.
j) Stale law reference table. This table will list by state law citation all sections
carrying a reference.
(8) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all
editorial work, MCC will notify the City in writing that the Code manuscript is ready for
typesetting and printing. No additional ordinances will be included in the Code manuscript
subsequent to such notice.
(9) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will
submit two (2) sets of proofs to the City for review. The City may make word changes on the
proofs without charge.
It shall be the duty of the City to return the proofs, with the changes indicated thereon
within sixty (60) days from the date of their receipt. If proofs are not returned within sixty
(60) days the City will request extension of time from MCC.
3
Should the City request to review the proofs beyond sixty (60) days but fails to return
them within one year, the contract balance shall become due and payable. Upon mutual
agreement regarding time and compensation, MCC shall update the proofs with subsequent
enactments before delivery of the printed Code.
MCC guarantees typographical correctness. Errors attributable to MCC will be
corrected throughout the term of the contract without charge to the City. MCC's liability for
all services shall extend only to the correcting of errors in the Code or future supplements, not
to any acts or occurrences as a result of such errors, only so long as the contract is in effect.
(10) INDEX. After return of the proofs, but before printing, a comprehensive, general
Index for the Code will be prepared. An index will also be prepared for the Charter. All
sections are indexed under major subjects with appropriate section citations. Columnar citations
are used to enhance the ease of reference.
(11) PRINTING AND BINDING. When the proofs are returned by the City, MCC will
proceed with printing and binding the Code in accordance with the following:
a) Copies. Sixty (60) copies of the Code will be printed on 50 lb. white offset
paper.
b) Page format. The page size will be consistent with the format chosen by the
City: 8 -1/2 x 11 inches, single column or 8 -1 /2 x 11 inches, double column
(samples attached).
c) Type size. Various type sizes are available for text. The text of the Code shall
be ten- to twelve -point type and the index and cross references shall be eight -
to ten -point type, depending on the page format chosen by the City. Notice
should be given to MCC prior to notice of completion of the editorial work.
d) Tabular matter. Tables, drawings, designs, Algebra formulae, or other material
which require engraved cuts or special methods of reproduction, will be charged
as set out herein.
e) Binding. MCC will bind fifty (50) copies of the completed Code in expandable
post type binders, each with slide lock fasteners and with black imitation leather
covers stamped in gold leaf. Color choices available for a slight charge. The
unbound copies of the Code will be punched and wrapped separately for storage
and eventual binding by the City. Additional binders can be ordered at any time
by the City at the then current prices.
f) Separator tabs. MCC will furnish separator tab sheets (mylar tabs, printed both
sides) for the bound Codes. The tabs will reflect the major divisions or chapters
of the Code volume.
Eli
g) Reprints of chopters. Additional copies of specific chapters or portions of the
Code, e.g, zoning regulations or the preparation of a Police Manual for the
Police Department, may be ordered for binding in paper covers for separate
distribution or sale. Prices will be furnished upon request.
(12) DIGITIZED CODE. MCC will provide the Code in digital format for use by the
City on personal computers. The Code can be furnished on 3 1/2" disk, CD -ROM, or via the
Internet or modem.
(13) INFORMATION RETRIEVAL SOFTWARE. MCC will create the City's infobase
and provide the Code integrated with Folio VIEWS. MCC will provide the latest version of
Folio VIEWS available at time of delivery of the media. Folio VIEWS is capable of operating
on Windows for Workgroups and Windows 95. Data files can be utilized by both MS Word
7.0 and WordPerfect 6.1. MCC will provide the entire Code as updated through the latest
Supplement to the City to include any updates or upgrades of the Folio VIEWS product.
Folio VIEWS offers a powerful, context - sensitive, on -line help system for immediate
assistance to inquiries. The customized menus offer robust functionality and speedy start -up
access to your information. Every word in an infobase is indexed. Type in a word, a phrase
or a query and watch the Query Map display the search results. With a click of the mouse,
users can jump to the points of information they need. Information retrieval capabilities include
standard boolean search operators, phrase searching, proximity searching and word stemming
to include word variations and synonyms in searches. Folio VIEWS is available for DOS,
Windows and Macintosh.
(14) INTERNET CONNECTION. Should the City desire to place the Code on the
Internet, it may be included on MCC's home page (http: / /www.municode.com). This home
page contains a growing collection of more than 100 Codes of Ordinances, and is available to
anyone with Internet access.
(15) TIME SCHEDULE. The following is a tentative time schedule in the preparation
of the new Code:
a) Editorial conference in City ....... .. .. ... 4 months
after receipt of material and contract.
b) Submission of proofs to City ........... ... 4 months
after completion of editorial conference.
C) Delivery of completed Codes to City .. .. .. ... 3 months
after return of proofs.
The above time schedule provides for completion of the Code within eleven (11) months,
excluding time required for review of the proofs and any delays occasioned by the City.
5
(16) SHIPMENT; ADOPTING ORD!. ANCE. Upon completion of the above, MCC
will ship the Code as directed by the City. At this time, MCC's attorney will furnish the City
with a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance
should be sent to MCC, so that it can be included in the Code.
(17) DISTRIBUTION AND STORAGE OF CODES AND SUPPLEMENTS. MCC
AS TOTAL CODE ADMINISTRATOR. Under this option, MCC will maintain an inventory
of Codes and Supplements for sale to the public, over and above the number specified in this
agreement for City use. MCC will be responsible for having available up -to -date copies of the
City Code for purchase by current and future subscribers. MCC will be responsible for
marketing the Code to existing or potential subscribers.
All handling expenses and risk of future sales of the Code will be incurred by MCC.
MCC will set the sale price for the Code and future Supplements, as approved by the City.
Should the City need additional copies of the Code, MCC will provide the desired
number of copies at a discounted price.
0
PART Two
LOOSELEAF AND /OR ELECTRONIC
SUPPLEMENT SERVICE
(1) SCHEDULE. After shipment of the new Code MCC will keep the Code up -to-
date by the publication of Looseleaf Supplements which will contain the new ordinances of a
general and permanent nature enacted by the governing body. The Code, including all tables
and indexes, will be updated electronically monthly and updated quarterly in hard copy. A
minimum of thirty (30) working days will be required for delivery of a Supplement.
(2) ORDINANCES TO BE FURNISHED BY CITY. The City shall forward to MCC
copies of the ordinances upon final enactment by the City. The ordinances may be furnished
in hard copy or on diskettes or via e-mail, if available. If diskettes are provided by the
Municipality, it may be requested that a copy of the ordinance be furnished for verification
purposes.
(3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of
MCC's editorial staff in conjunction with the existing provisions of the new Code. The pages
of the Code containing provisions that are specifically repealed or amended by ordinance will
be reprinted to remove such repealed or amended provisions and to insert the new ordinances.
Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances
are included, the City will be notified so that remedial action may be taken.
(4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended
to the new sections as deemed necessary by the editor.
(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
reprinted to include the new entries.
The Comparative and State Law Reference Tables will be kept up -to -date to reflect the
new ordinances and state law citations, if any, included in each Supplement. The Table of
Contents will also be kept current to reflect changes in the Code.
(6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for
removal of the obsolete pages and insertion of the new pages. The latest ordinance included
in the published Supplement will be noted in boldface type on the Instruction Sheet.
(7) CHECKLIST. A checklist of up -to -date pages will be prepared and kept current
for the benefit of the user. The checklist of up -to -date pages will allow instant determination
of whether the user is relying on a page reflecting current ordinances.
7
18) TABULAR MATTER. Should the Supplement contain tables, drawings and the like
for which special typesetting or other methods of reproduction are required, the costs will be
charged as set out herein.
(9) ELECTRONIC SUPPLEMENTATION. If the City has chosen to receive the Code
in digital format, as set out in Part One of this agreement, the digitized Code will be updated
monthly. Upon completion of each update, MCC will furnish the entire Code as updated via
electronic mail, electronic digital transfer and /or on magnetic media (diskettes), as requested
by the City.
(10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the
Code, including appropriate index pages, will be kept up -to -date at the same time the Code
volume is supplemented.
(11) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will
be furnished upon request. A sample index will be furnished for use in requesting the desired
sample provisions.
(12) ANNUAL STATE LAW REVIEW; REPORT. MCC will review annually the state
law changes and submit a report to the City Attorney of any changes which may affect local
government Codes generally. If an extensive legal review of the Code is required based on
massive state law changes, this review will be as provided below.
(13) ANALYZATION OF CODE. At the request of the City and at a cost to be agreed
upon in advance, MCC will analyze the Code on a chapter -by- chapter basis against the current
state law, and submit written recommendations to the City Attorney as to any Code changes
deemed necessary or desirable as a result of such analyzation. MCC's attorney will work with
the City Attorney in drafting legislation as deemed necessary.
The cost for the analyzation and drafting services would be on an hourly basis, not to
exceed a specific number of hours as agreed upon by MCC and the City.
(14) SHIPMENT. Supplements will be shipped to the City for distribution to the holders
of the Codes, or shipped in accordance with Part Two, paragraph (16).
(15) TERMINATION. The Looseleaf Supplement Service provided under this Part Two
will be in full force and effect for a period of three (3) years from the date of shipment of the
completed Code to the City. Thereafter, the Looseleaf Supplement Service will be
automatically renewed from year to year, provided that either party may alter or cancel the
terms of this Part Two upon sixty (60) days' written notice.
0
QUOTATION SHEET
A. RECODIFICATION:
(1) Base Cost, includes $11,000
a)
Legal Review
b)
Sample Ordinance Service
c)
Conference with MCC Attorney
d)
Conference Memorandum
e)
Editorial Work
f)
Typesetting and Proofs
g)
Indexing
h)
Printing and Binding
i. Number of copies
60
ii. Number of binders
50
iii. Number of sets of special order tabs
50
iv. Format (number of printed pages
included in above cost)
10 to 12 point font for text
8 to 10 point font for table indexing
standard I" margins times roman font
[] 8 -1/2 x 11 inches, single column
770
[] 8 -1/2 x 11 inches, double column
550
(2) Total cost for entire project
$11,000
(3) Additional
charges:
a)
Per page cost for excess pages:
i. 8 -1/2 x 11 inches, single column
no charge
ii. 8 -1/2 x 11 inches, double column
no charge
b)
Tabular matter, additional per page
no additional cost
c)
Electronic media
no charge
d)
Folio VIEWS Information retrieval software
no charge
Site license
no charge
'A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages.
9
e) Code on Internet, (includes Supplements)
per year $250
f) Freight charges no charge
B. LOOSELEAF SUPPLEMENT SERVICE
(1) Annual fee none
(2) Costs:
Option I: Publishing Hard Copy Supplements and Updating Electronic Mediae Concurrently:
a) Per printed Supplement page
i. 8 -1/2 x 11 inches, single column $17
ii. 8 -1/2 x 11 inches, double column $21
b) One set of disks, per Supplement $25
(cost in addition to regular Supplement per
page charge)
c) If additional sets of updated disks required,
per set $25
Option II: Monthly Updating of Electronic Media and Publishing Hard Copy Supplements
Quarterly
a) 8 -1/2 x 11 inches, single column, per updated
computer page' $14
b) 8 -1/2 x 11 inches, double column, per updated
computer page $18
c) Per printed Supplement page quarterly $4
d) If additional sets of updated disks required,
per set $25
(3) Annual State Law Review; Report no charge
2Updated magnetic media will reflect entire Code, regardless of number of licenses, and
include any software enhancements received from the developer.
'A computer page is defined as a change in a page equivalent to a page formatted for
printing.
10
C. OTHER CHARGES
REPRINTS
(1) Reprints of specific portions of the Code, ordered at time of initial printing:
a) 50 copies, per impression $.070
b) 75 copies, per impression $.060
C) 100 copies, per impression $.055
(2) Paper covers with appropriate fasteners
and stamping, each $1.00
D. PAYMENT
All payments shall be made within thirty (30) days after receipt of invoice by the City.
Payment shall be made according to the following schedule:
(1) After completion of editorial conference 25%
(2) After receipt of proofs 25%
(3) After acceptance of Code by City Council 50%
11
Witness
August 5, 1996
Submitted by:
MUNICIPAL CODE CORPORATION
Accepted by:
BAYTOWN, TEXAS
Witness Title:
Date
12