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appropriate places The amended or repealed provisions will be removed and the new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
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(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
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(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
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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
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(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
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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
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(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
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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
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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