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HomeMy WebLinkAboutO-1994-2007 e . ORDINANCE NO. 94- 2007 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MUNICIPAL CODE CORPORATION, TO REFORMAT, RECODIFY AND CONVERT THE CITY OF LA PORTE'S EXISTING MUNICIPAL CODE, AND TO PROVIDE HARD COPY AND COMPUTERIZED FORMAT VERSIONS; APPROPRIATING NOT TO EXCEED $11,015.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $11,015.00 from the General Fund Account #001 600 600 602 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e . ORDINANCE NO. 94- 2007 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of December, 1994. CITY OF LA PORTE By: ~(K~ rman L. M , Mayor ATTEST: ~ Sue Lenes, City Secretary :f-/ AP(i; ~ Knox W. Askins, City Attorney ~ e e PROFESSIONAL SERVICES CONTENTS: CONTRACT Tab No. RECODIFICATION CONTRACT . . . . . . . . . . I MCC QUALIFICATIONS. . II SAMPLE PAGES. . . . . . . III LA PORTE TEXAS December 6, 1994 e e Table of Contents MCC'S CONTRACT: Page No, PART ONE - RECODIFICATION OF CODE (1) Ordinances Included ....................... 1 (2) Omitted Ordinances . . . . . . . . . . . . . . . . . . . . . . . . 1 (3) Legal Research and Review . . . . . . . . . . . . . . . . . . . 1 (4) Certain Services . . . . . . . . . . . . . . . . . . . . . . . . . . 2 (5) Pre-Conference Memorandum . . . . . . . . . . . . . . . . . . 2 (6) Conference with Attorney .................... 2 (7) Conference Memorandum .:'.................. 2 (8) Editorial Work . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 (9) Notice of Completion of Editorial Work ........... 4 (10) Typesetting and Proofs . . . . . . . . . . . . . . . . . . . . . . 4 (11) Index ................................ 4 (12) Printing and Binding ....'................... 4 (13) Code on Computer ........................ 5 (14) Shipment, Adopting Ordinance ................. 5 (15) Delivery .............................. 5 PART TWO - SEARCH AND RETRIEVAL SOFTWARE (1) Socrates . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (2) ISYS ................................ 7 (3) Training and Support . . . . . . . . . . . . . . . . . . . . . . . 7 PART THREE - LOOSELEAF SUPPLEMENT SERVICE (1) Schedule.............................. 8 (2) Ordinances to be Furnished by City .............. 8 (3) Editorial Scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . 8 (4) Editorial Notes .........................". 8 (5) Index and Tables ......................... 8 (6) Instruction Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . 8 (7) Checklist.............................. 9 (8) Tabular Matter .......................... 9 (9) Magnetic Media . . . . . . . . . . . . . . . . . . . . . . . . . . 9 (10) Reprints............................... 9 11 e It (11) Sample Ordinance Service . . . . . . . . . . . . . . . . . . . . 9 (12) Annual State Law Review; Report . . . . . . . . . . . . . . . 9 (13) Analyzation of Code ....................... 9 (14) Shipment.............................. 9 (15) Termination ............................ 10 QUOTATION SHEET .............................. 11 SIGNATURE PAGE ............................... 13 iii . e PROFESSIONAL SERVICES CONTRACT The MUNICIPAL 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 LA PORTE, TEXAS, a municipal corporation duly organized and existing under state law, hereinafter referred to as the City, according to the following terms and conditions: ~~.~~I~~~t~~~~~i;D . :'.': ", .' :"~ ",':' :::::-:. ," :.: :'.. ...:::.-:. .'.. ".. '. '. ... . . . ':':.'. ".' ,':::.:'; ", .:. :. '.: .... .... , ." . (1) ORDINANCES INCLUDED. MCC will, under the supervision of the City Attorney, recodify the 1970 Code as supplemented, including all ordinances currently in the existing Code. The City may forward ordinances subsequently passed for inclusion in the new Code until notice is received that the editorial work has been completed. (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 sai~ 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 Law. Research the Code and subsequent ordinances to be included in the new Code against state law. This process will discover inconsistencies and conflicts with, and preemptions by, the state law. b) State law references. Update all state law references and append new references as necessary. c) Case Law. Research the provisions of the Code against federal and state appellate case laws as reported in Shepard's. Any judicial decision specifically affecting the validity of an ordinance included herein shall be called to the attention of the City Attorney. d) 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. Amendments, if any, will be incorporated into the Charter. 1 . e e) 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. (4) CERTAIN SERVICES PERFORMED 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 him. (5) PRE-CONFERENCE MEMORANDUM. Upon completion of the legal research and review of the Code, MCC's attorney will prepare an editorial memorandum setting forth the major substantive changes and recommendations for the new Code, to be: discussed at the editorial conference. This memorandum will delineate the provisions to be deleted and address the new language to be inserted. (6) 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 MeC's attorney. The City Attorney has ultimate decision making authority for solutions and implementation. d) Specific subjects. 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 can be reviewed with the City providing comments, criticisms or suggestions. (7) CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will draft and submit a memorandum outlining the substantive 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. 2, . e (8) EDITORIAL WORK. The manuscript will be prepared to include: a) Proper phraseology. Concise, modem and proper phraseology, without conflicts, ambiguities and repetitious provisions. b) Chapter arrangement. Each 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. Chapters, sections and page numbers will be reserved for future expansion. Title arrangement is also available and will be . discussed at the conference. c) Table of contents. This table will list the chapters, articles and divisions of the Code, giving the page number upon which each begins. . d) Chapter analysis. Each chapter of the new Code will be preceded by a detailed analysis listing the articles, divisions, and sections contained therein. e) Catch lines. 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) State law reference table. This table will list by state law citation all sections carrying a reference. 3 . e (9) NOTICE OF COl\1PLETION 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. (10) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the City for review. The City may make word changes on the proofs without charge. However, the City will be charged for changes or deletions constituting more than one page of type. It shall be the duty of the City to return the proofs, with the changes indicated thereon within forty-five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days, and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will then proceed to print the Code and no changes shall-.. thereafter be allowed. Should the City request to review the proofs beyond forty-five (45) 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, and only so long as a contract is in effect. (11) 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. (12) 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. The number of copies desired by the City 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 (samples attached). c) Type size. Various type sizes are available for text. Should the City desire a type size larger, or smaller, than ten-point, notice should be given to MCC prior to notice of completion of the editorial work. 4 e . d) Special material. 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 copies of the completed Code in expandable post type binders, with slide lock fasteners and imitation leather covers stamped in gold leaf, similar to the sample sent to the City. Color choices are available. Unbound copies will be punched and wrapped separately for storage and eventual binding by the City. Additional binders can be ordered at any time at the then current prices. t) Separator tabs. MCC will furnish separator tab sheets (mylar tabs., printed both sides) for all copies of the Code. The tabs will reflect the major divisions or chapters of the Code volume, similar to the samples submitted. g) Reprints of chapters. 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. (13) CODE ON COMPUTER. MCC can provide the Code on magnetic media. The Code can be provided with WordPerfect 5.1 commands embedded so that the features of WordPerfect are available. Alternatively, the Code can also be provided in the generic form of ASCII. ASCII can generally be retrieved into any word processing software, but may require more than casual knowledge of computers and programming. (14) SHIPMENT; ADOPTING ORDINANCE. 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 MeC, so that it can be included in the Code. (15) DELIVERY. MCC will perform the work as hereinabove set out and make final delivery of the completed Codes within six (6) months from the date of receipt of the contract and material, excluding time required for review of the pre-conference memorandum and proofs and any delays occasioned by the City. 5 . e ":l~~',.~~i;.$b~~~.'. . .. . .. . , . (1) SOCRATES. MCC offers Socrates a comprehensive text retrieval system designed to accommodate an electronic Code of Ordinances. This software program provides fast and efficient search and retrieval features accessible to City personnel on a DOS based network andlor personal computer. The Code data files are formatted in WordPerfect, one fIle per chapter, and are clearly named with a .WP file extension. Socrates is MCC's text search and retrieval software which is derived from ISYS. The software is integrated with the Code in WordPerfect (or ASCII). MCC performs the integration of the data files with the search program files. Every time the Code is updated, MCC furnishes the entire Code on disk, with changes worked into place and the search software updated, so that previous disks can become archive copies of the Code. Since the data fIles are write- protected, inadvertent changes to the data files are prevented. Socrates presents a very easy-to-use screen display, and affords three levels of expertise, so that users with no computer experience can be productive right away, and most computer professionals will not have to consult the instruction book. While Socrates is unparalleled at searching for single words, the on-screen help allows you to build even a complicated query in natural language and to save that query for use later. The software is designed to work hand-in-hand with your word processing program, and is especially well suited to WordPerfect. It is possible to activate WordPerfect while running the software in order to use WordPerfect's editing capabilities to manipulate data. Whether used in conjunction with WordPerfect or not, the search and retrieval software is programmed to allow users to make the most efficient use of the information they find in the query process. It makes the creation of working files in your word processor extremely quick and easy, so that drafting amendatory ordinances becomes less time consuming. The execution time for any individual query is split-second fast, even on the largest databases. Socrates not only allows for the dynamic document activation of the underlying data fIles in WordPerfect or the word processor of your choice, it also has similar capabilities for other software programs. For example, dynamic links can be set so that when a particular section satisfies a search result, an appropriate program is activated. A good example of this is activating a spreadsheet if your search "hits" a budget-related section. Graphic links as well as hypertext links can also be established in this way. Socrates allows a user to search for synonyms with a Thesaurus that is especially crafted for city government use. The synonym search feature of Socrates allows users to suggest new synonym rings, which can then be incorporated into future updates. This sort of user inputs actually benefits all Socrates license holders. 6 . e Socrates Operating System Requirements: * IBM PC or 100 % Compatible * MS-DOS version 2.0 or greater for Socrates * MS-DOS 3.0 or greater for networks * Minimum 512K memory recommended * Hard disk with sufficient capacity to store the publication * Socrates is compatible with the LANtastic NOS 5.0. (2) ISYS. The parent program of Socrates is ISYS, which runs on PC's or in a DOS environment emulated on a mainframe. ISYS may be purchased instead of or in addition to Socrates and is widely useful across virtually any DOS based software. You might need to search not only your Code, but also minutes in your word processor software, spreadsheets, utilities records in dBase III. ISYS would allow you to do this. (3) TRAINING AND SUPPORT. MCC offers a generous support and training policy. Telephone support is available through our toll free number 800-262-CODE. Our support personnel can usually resolve problems in one phone call. While MCC does not physically, install the software, our support personnel are available for consultation during the installation. Support of this type is provided free of charge. A 50-page user's guide is provided for each licensee, and additional "quick start" sheets are included as a standard part of the package. The "quick start" sheets are based on our support staff's experience in handling calls from clients and cover the basic questions most often asked by beginners. On-site training is available and is specifically tailored to the client. Typically, it may involve one-on-one training for chief users and small classes for occasional users. MCC will communicate closely with the client's management information systems. personnel (or the designated computer specialist) to determine not only the technical environment in which the program will be used but also the differing purposes for which personnel from many depart- ments may use the program, so that the training sessions can be made as specific as possible. Depending on available equipment and group size, MCC uses an overhead projector with LCD readout or transparencies, or will gather small groups (no more than four at a time) around a PC. Handouts which augment the manual are also provided and are especially targeted to the beginning user. Training sessions typically last from 45 minutes to two hours, depending upon the level of expertise of the learners. We recommend one-on-one sessions with chief users followed by small group introduction to program (usually department by department). Our Vice President of Sales, Dale Barstow, will be available for on-site training at no charge to the City. 7 . e . ," -.. ." ... .... ... .'. '. '.. . . ....... .:..:.... :. . ; .... '. ': .:" '. . .:. ',::''':~': ;", ":::"":": ..... . . . '; :;:' . ..;PART:.'.THRE~ ..:~:~::.: :'::~:.: ':.<: .....:. .:: .... ::"', . ,: -:I~OO~LEAF.:StJpPLEMEN1',:S.ER,,!OE:::::: (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 Supplements can be published on a schedule to meet the requirements of the City. There is no additional charge for frequent publication. 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 fmal enactment by the City. The ordinances may be furnished on diskettes, if available. If diskettes are provided by the City, it is also requested one copy of each 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. 8 . e (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. (8) 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) MAGNETIC MEDIA. If the City has chosen to receive the Code on magnetic media, as set out in Part Two of this agreement, the magnetic media delivered after each update will reflect the entire Code as updated. The City will receive the updated Code disks upon completion of the current supplement. However, the City could authorize electronic updates by MCC on a biweekly or monthly basis and printing of hard copies by MCC on a desired schedule. (10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate index pages, can be kept up-to-date at the same time the Code volume is supplemented. (11) SAMPLE ORDINANCE SERVICE. (Optional) Sample provisions of specific subjects will be furnished upon request. A sample ordinance 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. However, storage, distribution and billing services are available. Prices will be furnished upon request. The City will have the exclusive right to sell the Codes and Supplements. 9 e e (15) TERMINATION. The Looseleaf Supplement Service provided under this Pan 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. 10 . - ".:.': ,';::::::=:'..:., .:...... ..:....:. ," :,\::::::::':::',;:/,:,:;..:~: ;:'."Q,U?:~A~O~,,~~:~~:;:.:'::;:;:::'~.:: ,::"... PART ONE - RECODIFICATION: (1) Total Cost, includes $10,500 a) Legal Review b) Sample Ordinance Service c) Conference with MCC Attorney d) Conference Memorandum e) Editorial Work t) Typesetting and Proofs g) Indexing h) Printing and Binding 1. ii. iii. IV. Number of copies Number of binders Number of sets of special order tabs Estimated pages I 8-112 x 11 inches, single column. There will be no charge for excess pages. 100 25 100 450 i) Tabular matter j) Freight charges (2) Deduction allowed:2 Should the Code constitute fewer pages than set out above, per page deduction $18 (3) Additional services available: a) The Zoning Ordinance may be included in the new Code at the per page rate of $18 b) Code on computer i. Data with WordPerfect 5.1 commands embedded no charge 'A page is defined as the area on one side of a sheet of paper. A sheet contains hvo (2) pages. 2The deduction provided for in this paragraph applies to material removed during the normal course of recodification, e.g. ordinances in conflict with state law. 11 e e ii. Data integrated with Socrates or ISYS with WordPerfect 5.1 commands embedded, three (3) licenses (includes handling) Each additional license 111. c) Additional copies of Code 1. ii. With binders, per copy Without binders, per copy PART TWO - LOOSELEAF SUPPLEMENT SERVICE (1) (2) Annual fee for Supplements Number of copies (3) Cost per page a) b) c) d) 8-1/2 x 11 inches, single column Tabular matter, additional per page Freight charges One set of updated disks, (entire Code) regardless of number of licenses If additional sets of updated disks required, per set e) (4) Sample Ordinance Service (Optional) PAYMENT (1) (2) (3) a) b) Up to 200 pages, per annum Over 200 pages, per page Upon signing of the contract Upon submission of pre-conference memorandum Upon receipt of proofs (4) Balance upon delivery of Code. (5) Payment for the Looseleaf Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. 12 $715 $100 $60 $40 none 100 $18 no charge no charge $50 $25 no charge $0.50 $2,500 $2,500 $2,500 . tit The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the City. Submitted by: MUNICIPAL CODE CORPORATION f} , , i ~ r2. Mipu.:-c WltDess December 6, 1994 Accepted by: LA PORTE, TEXAS ~'.'O ~ Witness G?~ T. ~'"-" Title &~ 0l.<9,/99c/ Date I 13 \ . e QUALIFICATIONS BACKGROUND For the last 43 years Municipal Code Corporation has engaged exclusively in editing and publishing Codes for cities and counties of all sizes throughout the United States. MCC has published and supplemented more Codes which are in current use than any other codifier in the Country. This experience enables us to offer you the finest services available. (1) Business location: 1700 Capital Circle, SW Tallahassee, FL 32304 1-800-262-2633 or 904-576-3171 (2) Incorporation Date: March 1951 (3) Current Code accounts serviced: 2,000 (4) Project contact persons: Danielle Galvin, Assistant Vice President of Sales Bill Carroll, Vice President of Codes Starlett Lovel, Supervisor Electronic Publishing Diana Ossi, Supervisor Updating Teams LAW EDITORIAL STAFF George R. Langford, LL.B., University of Virginia; 43 years' experience in editing and publishing city and county Codes; Chairman of the Board. A. Lawton Langford, B.A., Vanderbilt University; M.B.A., ID., Florida State University; Member of Florida Bar; President. William James Carroll Jr., B.S., Penn State University; J.D., Florida State University; 20 years' experience in editing city and county Codes; Member of Florida Bar; Vice President of Code Department. Mary Rose DiMarco, B.A., Westfield State College; ID., Loyola University, New Orleans; 4 years' experience in editing city and county Codes; Assistant Vice President of Sales. Milt Lefkoff, A.B., Stanford University; J.D. University of Georgia; 24 years' experience in editing city and county Codes; Member of Georgia Bar. Editor of 34 Texas Codes: Addison Alice Allen Big Lake Bowie Bunker Hill ViI. Castroville Cisco Colleyville Del Rio Diboll Dumas EI Lago Gainesville Hedwig Village Hereford Humble Hurst Lake Jackson Liberty Lubbock McKinney Mesquite Nederland New Braunfels Oak Ridge North Pampa Pharr . e PIano Stafford Sweetwater West Orange Wharton Winters James S. Vaught, B.A., J.D., Florida State University; 23 years' experience in editing city and county Codes; Member of Florida Bar. Editor of 16 Texas Codes: Cedar Hill Crystal City Everman Fairfield Fort Worth Henrietta Laredo Littlefield Live Oak Paris Rockwall Shepherd Texas City Tomball Uvalde Webster Roger D. Merriam, B.A., Mercer University; J.D., Emory University; 20 years' experience in editing city and county Codes; Member of Florida Bar. Editor of 18 Texas Codes: Abilene Crane Kennedale Richardson Amarillo Galveston Killeen Richwood Bay City Houston Lockhart Sherman Bellmead Jasper Mercedes Taylor Bridge City Keene Alvce A. Whitson, B.A., University of South Florida; J.D., University of Florida; 12 years' experience in editing city and county Codes; Member of Florida Bar. Editor of 40 Texas Codes: Angleton Bandera Belton Brazoria Bryan Carrizo Springs Center Cockrell Hill Comanche Commerce Cotulla Decatur Denison Denton Eastland Edna Ennis Euless Friendswood Haskell Hemphill Henderson Hollywood Park Kirby Leander Lewisville McAllen Mexia Midlothian Palestine Port Aransas Port Isabel Rosenberg Saginaw Schulenburg Seguin Shenandoah Shepherd Waco West Columbia Jan N. Shekitka,B.A., Wofford College; J.D., University of Miami (Florida); 10 years' experience in editing city and county Codes. H. Palmer Carr, B.A., J.D., Mercer University; 10 years' legal experience in private practice and public service; 6 years' experience in editing city and county Codes; Member of Georgia Bar. . e Allen Zachary Paul, B.A., University of Oklahoma; M.S., Ph.D., J.D., Florida State University; over 5 years' experience in general, civil and administrative law; 6 years' experience in editing city and county Codes; Member of Florida Bar and American Bar Association. David G. Poucher. B.S., Florida State University; J.D., St. Mary's University, San Antonio; LL.M. (Tax), William and Mary; over 10 years' experience in civil, oil and gas, and administrative law; 2 years' experience in editing city and county Codes; Member of Florida Bar. Chantal A. Parker. B.C.L., University College, Dublin, Ireland; 1 year experience in editing city and county Codes; Pending admission New York Bar. . SUPPORT PERSONNEL The entire staff, including the printing operation, consists of approximately 150 employees, including 13 attorneys, 17 editors, and 46,000 square feet of floor space. MCC's Electronic Publishing Division maintains full-time proofreaders and typesetters, in addition to sufficient clerical help to respond quickly and accurately to virtually any request from a client. ' MCC's Indexers are members of the American Society of Indexers, thus are specialists who understand the intricacies of indexing. All facilities, including a printing plant which prints Codes and Supplements to meet the contractual requirements of MCC, are located on our premises. This enables us to control each project from beginning to end with no part being subcontracted. Key personnel are available to answer questions during any phase of the project and to assure quality control in all aspects of publication. . e ~ 9-36 ANIMALS ~ 9-73 Sees. 9.36-9.50. Reserved. ARTICLE m. LIVESTOCK Sec. 9.51. Housing. (a) No person shall cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome. (b) It shall be unlawful to keep or have any cattle, horse, sheep, goats, poultry or pigs anywhere in the village. (Ord. No. 83, Art. III, ~ 6, 10.4.83) Sec. 9.52. Strays. It shall be unlawful to permit any cattle, horse, swine, sheep, goats or poultry to run at large in the village; any such animal running at large in any public place in the village shall be impounded in the manner provided in this article. (Ord. No. 83, Art. III, ~ 3, 10-4-83) Sees. 9.53-9.70. Reserved. ARTICLE IV. DANGEROUS ANIMALS. Sec. 9.71. Dangerous animals. It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the village; exhibits or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the chief of police. (Ord. No. 83, Art. III, ~ 1, 10.4-83) Sec. 9.72. Killing dangerous animals. The members ofthe police department are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property. (Ord. No. 83, Art. III, ~ 4, 10.4.83) Sec. 9.73. Diseased animals. No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the chief of police, (Ord, No. 83, Art. III, ~ 5, 10-4-83) *Cross reference-Officers and employees, Ch, 1, Art. III. [The next page is 753] 703 . e CODE INDEX A Section ABANDONMENT Abandoned vehicles..................................... 49-151 et seq. See: MOTOR VEHICLES AND TRAFFIC Zoning regulations. See: ZONING (Appendix A) ACCIDENTS Emergency services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1 et seq. See: EMERGENCIES ADULTENTERT~ENT D'ef1I1itions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-31 Exemptions Theatrical performances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37 Exposure by performers in public Counseling or assisting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-36 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.35 Exposure by waiters, waitresses and entertainers Counseling or assisting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.34 Employment or payment not necessary for offense. . . . . . . 5.33 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.32 Violations and penalties. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 5.38 Zoning regulations. See: ZONING (Appendix A) ADVERTISING Zoning regulations. See: ZONING (Appendix A) ALCOHOLIC BEVERAGES Adult entertainment generally. . . . . . . . . . . . . . . . . . . . . . . . . . . See: ADULT ENTERTAINMENT Intoxication Disorderly conduct regulations re . . . . . . . . . . . . . . . . . . . . . . Open containers Disorderly conduct regulations re . . . . . . . . . . . . . . . . . . . . . . Traffic regulations reo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See: MOTOR VEHICLES AND TRAFFIC Zoning regulations. See: ZONING (Appendix A) 5.31 et seq. 37-1(g) 37.1G> 49-34 et seq. ALLEYS. See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS A.\1BULANCES Emergency services.. . .. .. . . .... . . .. . ... .. . .... . . . . . . .. . 21.1 et seq. See: EMERGENCIES Police and ambulance committee. . . . . . . . . . . . . . . . . . . . . . . . . 1.56 A.}fUSEMENTS AND AMUSEMENT PLACES Adult entertainment. . . . . . . . . ... . . . . . ... . . . . . . . . . . , . . . . . 5.31 et seq. See: ADULT ENTERTAINMENT 6053