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1989-043NO 92-AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND MUNICIPAL CODE CORPORATION FOR THE REPUBLICATION OF THE CITY OF DENTON CODE OF ORDINANCES, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the city of Denton and Municipal Code Corporation for the republication of the Code of Ordinances of the City of Denton, under the terms and conditions contained in said agreement which is attached hereto and made a part hereto SECTION II That the City Council authorizes the expenditure of funds as set forth in the contract attached hereto SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~~ day of Agg~, 1989 60~V-J4Wt~2~- - RAY S EP ENS, AYOR ATTEST J NIF LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY ~ `V~ 0-y`"^ PROFESSIONAL SERVICES PROPOSAL REPUBLICATION OF CODE To DENTON, TEXAS Date March 20, 1989 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 republish the Code of Ordinances for the CITY OF DENTON, a municipal corporation duly organized and existing under the laws of the State of Texas, according to the following terms and conditions PART ONE REPUBLICATION A The Corporation will (01) ANALYZATION OF CODE WITH STATE LAWS (Optional) The Corporation offers, under the direction of the Municipal Attorney, to review the entire Code against current state laws The law editor will submit an editorial memorandum to the Municipal Attorney outlining all recommendations for amending the Code to eliminate duplications, inconsistencies and obsolete provisions The Corporation offers to assist the Municipal Attorney to drafting recommended changes Appropriate state law references will be included In the Code, as well as updating existing references Also, a statutory reference table will be prepared (1) INCORPORATE ORDINANCES AND OTHER APPROVED CHANGES The ordinances of the Municipality enacted subsequent to the latest ordinance included in the 1966 Code as supplemented, will be incorporated into the codification in their appropriate places The amended or repealed provisions will be removed and the new provisions inserted Approved changes desired to be included as a result of the analyzation provided in paragraph (01) above, will be incorporated to the Code, upon specific instructions from the Municipality (1 1) CHAPTER REARRANGEMENT (OPTIONAL) The existing chapters of the Code will be rearranged and renumbered to implement alphabetical classification by subject matter The Corporation will not make any substantive textual changes in the existing Code as supplemented, unless dictated by ordinance or specific instructions from the Municipal Attorney (2) CROSS REFERENCES Prepare general cross references throughout the Code, which will tie related portions of the Code together -1- (3) PREPARATION FOR TYPESETTING Prior to submission to the printing department, the Corporation will prepare the manuscript for computerized typesetting and printing in the style and format desired by the Municipality The Corporation will not make any substantive changes In the 1966 Code as supplemented, unless dictated by ordinance or specific instructions from the Municipal Attorney (4) PROOFS (Optional) 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 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 One, Paragraph (12) 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 (5) INDEX A comprehensive, legal and factual general Index for the entire Code will be prepared (6) TABLES The following Tables will be prepared for the new Code (a) Table of Contents This Table will list the chapters, articles or divisions of the Code, with appropriate page numbers (b) Comparative Table Update the Comparative Table, listing the ordinances included in the Code, in chronological sequence and setting out the location of such ordinances in the Code (7) TYPESETTING AND PRINTING Upon completion of the work enumerated above, the Corporation shall 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 cross references in eight- or ten-point type with boldface headings, (d) the specified number of copies of the Code on 50 lb Miami Book Paper, or its equivalent, (e) the page size shall be 8-1/2 x i l inches, single column format Samples attached -2- (8) 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 One, Paragraph (12) However, there is no additional charge for index pages or pages containing tables referred to in Paragraph (6) above (9) BINDING The Corporation shall 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 Paragraph (12) of this agreement Divider tabs will be furnished for all bound copies of the Code, as provided in Paragraph (12) The unbound copies, if any, 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, at the then current prices (10) REPRINTS Additional copies of specific chapters or Code may be printed and bound In paper covers for separate sale or Municipality Quotations for specific chapters in pamphlet format request any portion of the distribution by the will be furnished upon -3- B The Municipality will (12) COPIES OF MATERIAL Submit to the Corporation the material which will constitute the republished Code (13) COSTS Pay the Corporation for the work provided herein the following costs OPTIONAL Analyzation and drafting services $60 00 per hour, not to exceed 60 hours, SEVENTEEN THOUSAND DOLLARS ($17,000 00) The above sum is based on the following (a) One hundred (100) copies of the Code, (b) Fifty (50) mechanical looseleaf binders, including special order tabs, (c) Eight hundred fifty (850) page Code, on pages 8-1/2 x 11 inches in size, single column format Pages in excess of 850, a charge of TWENTY DOLLARS ($20 00) per page Pages fewer than 850, a deduction of TWENTY DOLLARS ($20 00) per page For the purpose of this Part One, a page is hereby defined as the area on one (1) side of a sheet of paper A sheet contains two (2) pages (14) PAYMENT Money due hereunder shall be due and payable as follows (a) May 1, 1989 $3,500 00 OPTIONAL (b) Upon completion of analyzation and submission of memorandum total due if optional paragraph (01) on page 1 is chosen (c) Upon completion of typesetting phase $7,000 00 (d) Balance upon final delivery of completed Codes to Municipality The above payment schedule is flexible and may be changed to meet the requirements of the Municipality -4- (15) FREIGHT CHARGES The above costs do not include freight charges The shipment will be forwarded prepaid and invoiced to the Municipality at the time of final billing (16) TIME SCHEDULE The following is a tentative time schedule in the preparation of the new Code (a) Editorial conference in City 2 months after receipt of the material and contract (b) Submission of the proofs to the City after completion of the Editorial Conference 4 months (c) Delivery of completed Codes to the City after return of the proofs 2 months -5- PART TWO LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE After shipment of the 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 The Supplements can be published bimonthly, quarterly, semiannually or annually, depending on the requirements of the Municipality There is no additional charge for more frequent publication A minimum of thirty (30) working days shall be required for delivery of a Supplement, following publication of the previous Supplement (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 editorial staff of the Corporation in conjunction with the existing provisions of the 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 repealed or amended by ordinance shall be reprinted or printed to remove such repealed or amended provisions and to insert the new ordinances (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 to the Index, appropriate entries will be prepared and the 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, together with their disposition to 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 The latest ordinance included In the published Supplement will be noted in boldface type on the Instruction Sheet (7) COSTS The Corporation will prepare the ordinances editorially and print one hundred (100) copies of each Supplement for the sum of TWENTY DOLLARS ($20 00) per page, Including the Index pages, Tables and Instruction Sheet Special tabular matter will be in addition to the costs provided above For the purpose 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 (8) REPRINTS 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, if desired -6- (9) FREIGHT CHARGES The Supplements will be shipped to the Municipality for distribution 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 Supplements 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 Two 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, provided that either party may alter or cancel the terms of this Part Two upon sixty (60) days' written notice -7- The terms of this proposal shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Municipality Submitted by MUNICIPAL CODE CORPORATION _ d By Witness fi, esident March 20, 1989 Date Accepted by DENTON, TEXAS By _ Witness Title A- p t ~4, /W-2 ATTACHMENT Sample Pages -8- ADMINISTRATION § 2 57 Sec 2 39 Destruction of nonrecord materials Materials not included in the definition of records in this article if not otherwise prohib ited by law or ordinance, may be destroyed without prior approval of the administrator (Ord of 118 83 § 15) State law reference-Similar provisions, W Va Code § 5 8 18 Sec 2.40 Annual report The administrator shall make an annual report to the mayor for transmission to the city council The report shall describe the program status and such recommendations as will improve the management of city records (Ord of 118 83, § 16) State law reference-Similar provisions W Va Code § 5 8 19 Seca 241-255 Reserved ARTICLE III FINANCE Sec 256 Dishonored checks, service charge A service charge of ten dollars ($10 00) is hereby imposed by and shall be paid to the city by the payor of any dishonored check, order or draft (Ord of 12 186) State law reference-Similar provisions W Va Code § 613 39e Sec 2 57 Competitive bids, publication of solicitation for sealed bids (a) The city may provide for the centralized purchasing of materials supplies and equip ment and the term "equipment" for the purposes of this section shall include but not be limited to motor vehicles The city may by agreement with the state director of the division of purchases of the department of finance and administration purchase the same through such department, or may enter into agreements with one (1) or more other municipalities counties or county boards of education or any combination thereof for centralized purchasing for all goverx1mental units that are parties to such agreement (b)i The city council may make a purchase of supplies equipment materials and printing in the open market but a purchase of and contract for supplies equipment, materials and printing over five thousand dollars ($5,000 00) shall be based on competitive bids except in the case of emergency Such bids shall be obtained by public notice published as a Class 11 legal advertisement in compliance with the provisions of W Va Code, § 59 3 1 et seq~, and the publication area for such publication shall be the city The second publication shall be made at least fourteen (14) days before the final date for submitting bids I~ addition to such publication, notice may also be published by any other advertis ing medium the city may consider advisable, and the city may also solicit sealed bids by sending requests by mail to prospective suppliers and by posting notice on a bulletin board at city hall (Ord of 3 4 85(3)) 171 § 2 58 WELCH CODE Sec 2 58 Sale, lease or disposition of city property (a) The city may sell lease as lessor or dispose of any of its real or personal property or any interest therein or any part thereof (other than a public utility which shall be sold or leased in accordance with the provisions of the appropriate W Va Code sections) to a public body which is defined as the State of West Virginia or any agency, department board or commission thereof of whatever description or any county court or tribunal in lieu thereof, or any county board of education or any incorporated municipality or any other political subdivision, or to the United States of America or any agency or instrumentality thereof for a public purpose for an adequate consideration without considering alone the present commer cial or market value of such property (b) The city shall sell any of its real or personal property or any interest therein or any part thereof (other than a public utility which shall be sold or leased in accordance with the provisions of the appropriate W Va Code sections) for a fair and adequate consideration at public auction at a place designated by the city council, to be conducted by the mayor but before making any such sale notice of the time terms and place of sale together with a brief description of the property to be sold shall be published as a Class II legal advertisement in compliance with the provisions of W Va Code, § 59 3 1 et seq and the publication area shall be the city The requirements of notice and public auction shall not apply to the sale of any one item or piece of property of less value than one thousand dollars ($1,000 00) In the case where any one item or piece of property of less value than one thousand dollars ($1,000 00) is to be sold and therefore the requirements of public auction do not apply, disposition of the property shall be made in any manner approved by the city council including using the requirements of a public auction And under no circumstances shall this section be construed as being applicable to any transaction involving the trading in of city owned property on the purchase of new or other property for the city and the city shall have the power to enter into and consummate any such trade in transaction (c) The city shall have the power to lease as lessor any of its real or personal property or any interest therein or any part thereof for a fair and adequate consideration (other than a public utility which shall be sold or leased in accordance with the provisions of the appropri ate W Va Code sections) and for a term not exceeding thirty (30) years Every such lease shall be authorized by resolution of the city council, which resolution may specify terms and conditions which must be contained in such lease provided that before any such proposed lease is authorized by resolution of the city council a public hearing on such proposed lease shall be held by the city council after notice of the date time place and purpose of such public hearing has been published as a Class I legal advertisement in compliance with the provisions of W Va Code § 59 3 1 et seq and the publication area for such publication shall be the city The power conferred upon the city council in this section shall be in addition to and not in derogation of any power and authority vested in the city under any constitutional or other statutory provision now or hereafter in effect (d) It shall be unlawful for any member of the city council directly or indirectly to acquire any interest through the provisions of this section in property owned by the city, 172 CODEINDEX A Section Appliances, abandonment of as to be accessible to children penalty 8 74 Disposition of abandoned vehicles 11 71 et seq See MOTOR VEHICLES AND TRAFFIC ABUSE Sexual abuse regulations 8 166 8 167 ADOLESCENTS See MINORS AFFIRMATION See OATH, AFFIRMATION, SWEAR OR SWORN AGENCIES OF CITY General regulations 12 et seq See DEPARTMENTS AND OTHER AGENCIES OF CITY AGENTS, ACTS BY Definitions and rules of construction 12 AGREEMENTS I General regulations 19 et seq See CONTRACTS AND AGREEMENTS AGRICULTURE i Taking or injuring garden or field crops 8 98 ALCOHOLIC BEVERAGES Intoxication or drinking in public places, violations, interference with officers penalties 8 27 Liquor and wine tax 101 Sale of alcoholic liquors, penalty 8 26 Tax Liquor and wine tax 101 i Unlawful acts of persons penalties 8 28 AMENDMENTS Code amendments 17 AMUSEMENTS AND AMUSEMENT PLACES Children, unlawful admission to amusement place, penalty 8 46 Tax Business of operating amusement 10 73 AND, OR Definitions and rules of construction 12 ANNEXATIONS Miscellaneous ordinances not affected by Code 19(10) APPROPRIATIONS Miscellaneous ordinances not affected by Code 19(4) 1433 WELCH CODE ARREST Section General regulations 6 26 et seq See MUNICIPAL COURT ASSAULT General regulations penalty 8 71 ASSESSMENTS Local improvement assessments Miscellaneous ordinances not affected by Code 19(8) Tax assessments 10 81 et seq See TAXATION ASSOCIATIONS Persons, definitions and rules of construction extended and applied to 12 AUTHORITY Definitions and rules of construction 12 AUTOMOBILES General regulation 19 et seq See MOTOR VEHICLES AND TRAFFIC B BAILEE Damage to or destruction of property by 8 96 BARRICADES Building sewers and connections Excavation requirement 12 170 BATTERY General regulations penalty 8 72 BETTING Crimes involving betting 8 47 et seq See OFFENSES BIDS AND BIDDING Competitive bids publication of solicitation for sealed bids 2 57 BOARDS, COMMITTEES AND COMMISSIONS Buildings commission 3 27 et seq See BUILDINGS Definitions and rules of construction 12 Historic preservation commission 9 26 et seq See HISTORIC PRESERVATION COMMISSION Records management and preservation advisory committee 2 29 Sanitary board 12 56 et seq See SEWERS AND SEWAGE DISPOSAL Water board 12 26 et seq See WATER SUPPLY AND DISTRIBUTION BODIES POLITIC AND CORPORATE Persons, definitions and rules of construction extended and applied to 12 1434