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HomeMy WebLinkAboutReso 1958-2142RESOLUTION N0.142 RESOLUTION OF THE CITY COUNCIL. OF TFiE CITY OF CHULA VISTA APPROVING AGI2EE~ MENT FOR COUIFIC~A.TION OF ORDINANCES THE CITY COUNCIL OF THE CITY OF CIIULA VISTA, ROES HEREGY RESOLVE AS FOLL0I~IS: That certain agreement, dated the 25th day of November 1958, by the ~lichie City Publications Company of Los Angefi.es, and the City of Chula Vista, a copy of which is attached therto and by this reference incorporated herein, be and the same is hereby approved, and the Mayor and City C]e rk of the City of Chula Vista axe hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. ~ - --- 1 ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CRULA VYSTA, CALIFORNYFi, this 25th Day of November by the following vote, to-wit: AYES: COU3dCILMEid McMains McAllister Smith Menzel DeGraaf P'OYri: COUNC%LP,9EN None ABSENT: COUNCYLMEN None ayor o e y o axis a ATTEST: ~ ~1 ~ ~~ ~~ r 1 STATE OF CALIFORNIA ) CCUYdTY OF SAN DIEGO ) ss. C I,TY OF CPdULA V b STA ) I, KEI72dETH P. CAMPBELL, City Clerk of the City of Chula Vista, California DO HEREBY CERTYFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: y er Michie City Publications Company of Los Angeles HIS AGREEMENT, made and entered into this 25th day of November , 1958, by and between the it4iCHIE CITY PUELICATICNS GCIwY- " _ PAtv'Y OF LOS P.NGEI,ES, a corporation duly organized, created and " existing under the laws of the State of California, party- of the first part, hereinafter referred to as the Company, and the CI2Y • OF CHULA VISTA, a municipal corporation in the State of Gal if ornia, party of the second part, hereinafter referred tc as the City, " RITNESSETH; That, in consideration of the sums of money here- ' inafter agreed to be paid to the Company by the City, the Company agrees to and with the City and its successors and assigns, that it will do the following work and render and perform the following services under the direction of the City Attorney in connection with the preparation of the new Municipal Code for the City, viz.: 1. Codify and print the ordinances of a general and perma- ' nent nature, except the Technical Codes, such as the Building Code, etc., which have been adopted by reference by the City. The adopting ordinances of such Codes shall be set out in the new Code. The Charter, as amended, shall be carried as the first part of the Code. Footnote references to related Chaster provisions w311 be carried ~_._ ~ forward from the ordinance sections. '-'. 2. Each amendatory ordinance will be accorded its proper ~~ placo and repealed oroutmoded provisions shall be elimi- _ Hated to the end that each ordinance as retained in the Code manuscript shall reflect the last m~oro. of the City " Council on that particular subject. This applies to pro- . ~ ~ visions expressly repealed and to those which are outmoded ~~ ~ or repealed by implication, but all provisions thou~.t -- ... to be outmoded or repealed by implication shall be pointed -~ " -~ out to the City Attorney, together with explanations, for i ' his ruling. -1 i'V1!~ v - + l.'~.> •~ 3. The ordinances shall be classified according to subject matter so that all related ordinances will be gxouped together in an individual chapter. 4. The ordinances will be checked against the corresponding provisions of the State Lava and any discrepancies or in- consistencies will be pointed out to the City Attorney so that he may eliminate such conflicts. References to the cognate State Law shall be prepared and carried in the footnotes. 5. The decisions of alI reported cases in the state courts ,~ "' _~ directly construing the ordinances of the City shall be examined and the findings pointed out to the City Attor- ney and changes made as he shall direct in order to in- suss constitutionality and validity of the provisions of the new Code. Annotations to such decisions shall be ' carried in the Footnotes. 6. catchlines shall be prepared for each section. Such catchlines shall be carried in boldface type at the be- ginning of each section. __ 7. Long ordinances will be split into smaller sections con- " taming one central thou~t to facilitate use. B. Each section will carry an historical citation showing its derivation. • ~ g, Each chapter will be preceded by a frontal analysis con- - sisting of a numerical listing o£ the catchlines in each .-- chapter, - ~~ 10. '1$e Company's Editors shall re-edit the ordinances car- ~' - ~ ~ ~ ried in the Code where this is needed in order to improve ~~~ i I i or modernize the legal phraseology of such existing ordi- nances. All such recommended changes shall be brought to the attention of the City Attorney, together with the reasons, for his recommendation to the Council. 11. Any obsolete ordinances shall be brought to the attention of the City Attorney for deletion From the manuscript. Any conflicting ordinances shall be pointed out for reconciliation by the City Attorney so that the present intent of the City Council shall prevail. 12. When the editorial manuscript is eomioleted, it shill be brought to the City and the Company representative will review the entire manuscript with the City Attorney and other city officials at which time the Comp any shall point out exactly what was found in the ordinances, how each situation was handled, how and where each ordinance was codified or classified. At the same time, the Com- pany shall submit to the City Attorney the editorial recommendations that have been prepared by the r~ditorial Staff. The City Attorney shall accept or reject any or all of the recommendations submitted by the Staff. The City Attorney shall make all legal decisions and deter- mine all legal questions snd shall be responsible to the Council for such determination. 13, Following the inspection and. approval by the City Attor- ney, the manuscript will be prepared for ty-Besetting and cross references between related parts of the Code shall be made. -3- 14. After presentation of the galley proofs by the City At- torney to the City Council and the Council's approval and adoption thereof, a complete and comprehensive index for the Coda vrill be prepared. Following the completion of the editorial work and the approv- al of the Code manuscript by the City Attorney, the Company will print and bind the Code in the following manner; 1. Print the text of the ordinances in ten point roman type, with boldface catchlines, 2, Print the frontal analyses, the footnotes and the general index in eight point type, with main index headings in boldface type. 3, The Code will be printed on English rinish Book paper, fifty pound substance, 4. Print and bind 100 copies of the Code. The Code shall be bound in Fabrikoid looseleaf expandable type binders with gold foil lettering on the backs, 5. `PY:e Company agrees to prepare annual page for page sub- stitution supplement for two years, working into the Code all general and permanent ordinances passed since the last ordinance included in the Code or last supple- ment, for X8.00 per original page. This figure includes all editing and printing costs and 100 copies of each original page, The City contracts and agrees as follows: 1. To Furnish the Company with copies of eacr ordinance of a general and permanent nature. These copies may be _~ either typewritten or carbon copies, newspaper clippings, printed pamphlets or copies made on an electronic copying machine, In the event that any of these copies have typed written or printed matter on both the front and back sides, at least two copies, and when possible three conies shall be furnished. 2, To pay the Company for the evork herein contracted £or the'sum o£ 105,200.00, which sum shall be due and payable as follows: The first installment in the amount of X3,500,00 shall be due and payable at the ti.,ie o£ the inspection o£ the editorial manuscript, exclusive of the general index and cross references, and the approval of the same by the City Attorney, the balance shall be due and aayable at the tine o£ the completion of all work herein. contracted£or and the delivery of the Code as herein provided. The sum of :65,200,00 anticipates a Code not exceeding 300 printed pages and for printedpages exceeding 360' the City agrees to pay the Company x7.50 per page to cover the extra editing and typesetting. 3, To nay all state and local taxes which may be due upon delivery of the Code. LV TP_STLAONY "+~REC~, the Corcpany, has caused this agreement to be executed in its name by its Vice-President and its corporate seal to be attached, all by order of its Board o£ Directors duly given, and the City, has litcewise caused this agreement to be executzd in its name by its P-iayor and attested by its Gity Clerk -5- and its coroorate seal to be attached, all by order o£ its City Council, this the day and year first above written. MICHIE CITY :°UBLICP.TIONS C011'PANY OF LOS ANGELES ~~~p Vice= residen~ CITY OF CHULA VISTA By ,~i/1~~ l~ Y'/%O v ~~ Iviayor C/ ATTEST: e''ZO J~:C.L~ ~i~t~e~al ~ _7