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.
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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 ~ ~~ ~~
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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been amended or repealed.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.
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•~ 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 ~~~
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I
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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.
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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
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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