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HomeMy WebLinkAboutNB 7 CODIFY ORD'S 12-07-81DATE: TO: FROH: SUB,JECT: De~. 2, 1981 NEW BUSINESS No. 7 Inter-Corn HCNO~ABLE MAYCR AND CITY Cf~NCIL BInn HUSTCN, CITY MANAGER ~ORIZATI(I~ FOR SUPPT~ APPRf~RIATI(~ TO CCDIFY CITY OBDINANCES ~ SINCE DECEMBER 31, 1978. It is reco~meD~ed that the City Gouncil authorize a supplemental appropriatic~ of $4,500 fk~-,; the general fund balances fo~ the purpose of codifying City ordinances adopted since December 31, 1978. DISCUSSIC[q: Attached is a memorandum from the City Clerk which discusses the ~cd for oodifying the above referenced ordinances and the proposals received from three fir~ to provide the service. The Tustin City code ban not been updated to incorporate the 37 ordinances adopted since December 31, 1978. It was intended that codificatic~ of those ordinances be accomplished with City staff, however due to time limitations and the lack of the required expertise to accomplish the project, it has not been completed. A more cost effective approach is the retention of a firm which specializes in codification of municipal ordinances. This item could be considered as a budget request for next fiscal year, however because of the possible implications of not properly interpreting or enforcing the ~unicipal oode because it is not up to date, it should be accomplished as soon as possible. In addition to the one time cost of codifying those ordinances, the proposal provides for an annual update service which ~uld provide for codification of ordinances adopted every six months. The update service would be budgeted as an annual operating cost. BILL ~UST~N, City Manager DATE: THRU: November 23, 1981 William A. Huston, City Inter-Corn TO: Honorable Mayor and City Council FROM: Mary E. Wynn, City Clerk SUBJECT: RECOMMENDATION: PROPOSALS FOR SUPPLEMENTATION SERVICE FOR THE CITY CODE It is recommended that the City of Tustin retain the services of the Municipal Code Corporation, 1700 Capital Circle S.W., Tallahassee, Florida 32304, for the City Code Looseleaf Supplementation Service as contained in their proposal dated October 23, 1981, which offers to perform all editorial work of incorporating the ordinances and printing thirty (30) copies of the Supplements every six (6) months at the rate of $14.00 per Supplement page, plus shipping and handling, with no annual minimum charge. BACKGROUND: The Tustin City Code was adopted by Ordinance No. 727 and became effective July 20, 1977. In January, 1979, one supplement was completed which included ordinances adopted prior to December 31, 1978. At the present time, there are 37 ordinances (approximately 290 code pages) which need to be codified. This is a very time consuming job and requires a great deal of legal input. In order for our Code to be reliable, it must be kept up to date. The estimated cost for the first supplement is $4500, which is equivalent to six supplements done every six months. By direction of the City Manager, proposals for Code Supplementation Service of thirty (30) copies in our present type style and format, with subsequent updates furnished every six months, were requested from the three major companies who provide ordinance codification services. Attached proposals were received as follows: CODED SYSTEMS CORPORATION, BRIELLE, N.J. 08730 - $15.75 per Supplement page plus shipping and handling charges. BOOK PUBLISHING CO., 2518 WESTERN AVE., SEATTLE, WASHINGTON 98121 - $14.00 per supplement page, plus shipping and handling charges, and $100 annual editorial charge. MUNICIPAL CODE CORPORATION, 1700 CAPITAL CIRCLE S.W., TALLAHASSEE, FLORIDA 32304 - $14.00 per Supplement page plus shipping and handling charges. Mary E. Wynn City Clerk CODED SYSTEMS COBPORATION Codification of Municipal Ordinances - Supplementation Service PROFESSIONAL CENTER BRIELLE, N. J. 087130 (201) 528-6000 October 26, 1981 PROPOSAL - SUPPLEMENTATION To: City of Tustin For: Supplementation Service to City Code CODED SYSTEMS CORPORATION, hereinafter referred to as the "COMPANY", hereby offers the following proposal for services to the CITY OF TUSTIN, which hereinafter shall be referred to as the "CITY." The CITY has adopted a codification of ordinances of the CITY and it desires to keep such revisions current through the preparation of supplements; and The CITY desires that a preparation of supplementation be initiated to contain the general and permanent ordinances as adopted by the CITY on a yearly basis or as otherwise required. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. The CITY will furnish the COMPANY with two copies of all ordinances adopted by the CITY from the date of the last ordinance included in the code to current for supplementation. 2. The CITY will furnish the COMPANY with two copies of. all subsequent ordinances upon their adoption to be mailed to Coded Systems Corporation. 3. The COMPANY will prepare the supplements from the material as forwarded by the CITY. The COMPANY shall: a. Perform all editorial work. b. Prepare all appending headnotes. WESTERN REGION OFFICE - Seal Beach, California, P. O. Box 579, Seal Beach, CA. 90740 (218) 598-8610 SOUTHERN REGION OFFICE - Mt. Pleasant, South Carolina, P. O. Box 1254, Mt. Pleasant, S.C. 29464 (808) .722-4709 CODED Codification of Municipal Ordinances - Supplementation Service SYSTEMS CORPORATION PROFESSIONAL CENTER BRIELLE, N. J. 08730 (201) 528-6,%~ October 26, 1981 c. Prepare all catchlines. d. Prepare all appropriate cross references. e. Prepare all appropriate explanatory notes. f. Remove all provisions superseded by or repealed by the amendment and insert new provisions. g. Prepare an instruction sheet with instructions for insertion and removal of all supplemental and revised material. h. Revise the index. 4. The COMPANY shall prepare all supplements in a type style and format to match the present CITY code. 5. At the request of the CITY the COMPANY shall prepare and mail to code holders complete supplementation packets at an additional charge. 6. The cost for all revision supplementation pages will be based on a per-page rate of $15.75 per printed page of text supplementation as printed by the COMPANY. 7. The COMPANY shall supply 30 sets of the supplements, collated and packaged, all pages to be drilled to fit present code books. 8. The COMPANY shall review and make periodic recommendations to the CITY to show alternate methods of supplementation and help in decreasing the number of printed pages of supplementation. WESTERN REGION OFFICE - Seal Beach, California, P. O. Box 579, Seal Beach, CA. 90740 (213) 598-3610 SOUTHERN REGION OFFICE - Mt. Plbasant, South Carolina, P. O. Box 1254, Mt. Pleasant, S.C. 29464 (808) 722-4709 CODED SYSTEMS CORPORATION Codification of Municipal Ordinances - Supplementation Service PROFESSIONAL CENTER BRIELLE, N. J. 08780 (201) 528-6388 October 26, 1981 9. The COMPANY shall offer free sample ordinance service and shall forward sample copies of ordinances by topic upon request by the city clerk or city attorney, when topic is available in our library. 10. The COMPAMY shall offer the printing and reprinting of the complete present code and of business license codes and zoning codes, etc. 11. The COMPANY shall review the code for possible omissions and make suggestions as to proposed locations for insertions in the code to the city clerk or city attorney. 12. The CITY shall be billed for any State, local or other applicable tax, plus shipping and handling. The terms of this proposal shall remain in force for and be effective for one year and, thereafter, it shall further continue in full force and effect on a yearly basis by automatic renewal and unless modified or terminated in writing by either or both parties. Trusting this meets with your approval. Respectfully submitted, Peter H.-- Maclearie President WESTERN REGION OFFICE - Seal Beach, California, P. O. Box 579, Seal Beach, CA. 90740 (218) 598-8610 SOUTHERN REGION OFFICE - Mt. Pleasant, South Carolina, P. O. Box 1254, git. Pleasant, S.C. 29464 (808) 722-4709 SUPPLEMENT SERVICE FOR THE MUNICIPAL CODE OF TUSTIN, CALIFORNIA BOOk Publishing Company will maintain the municipal code volume, up-to-date, by means of publishing looseleaf supplements, containing subsequent ordi- nances of a general and pe~i¥~nent nature. Supplements will be in the style and format of the attached sample page. No charge for blank pages. Supplements will be published as often as desired by the municipality, at no extra charge in the estab- lished per page rate. The municipality shall forward two (2) legible work- ing copies of all ordinances to the Book Publishing Company following official enactment. The newly enacted ordinances will be reviewed by Book Publishing Company, and if conflicts are found with closely related provisions of the code, not specifically amended or repealed, Book Publishing Company will call attention to such remedial action. The municipal attorney shall accept or reject any or all of the suggestions submitted by Book Publishing Company. The municipal attorney shall make all legal decisions and determine all legal questions. Book Publishing Company will edit new ordinances, appending appropriate headnotes, catchlines, cross references and explanatory notes, and reprint the page or pages of the code as amended. All page(s) superseded by amendment or repeal will be removed and the new page(s) inserted. The page(s) in the index which are affected will also be revised to take account of changes and of new provisions and will be reprinted. Book Publishing Company will supply 30 copies of the supplement pages. Each supplement will contain a page of instructions for the removal of the old pages and the insertion of the new pages. 9. The municipality shall have the exclusive right to sell and distribute the looseleaf supplements. 10. Payment for the supplement service will be at the below stated per page rate. Payment is due on delivery to the municipality of the supplement material. No charge for blank pages. 11. The supplement service may be terminated by written notice of cancellation received not less than 60 days prior to the editorial cutoff date for any one supplement. TO SUPPLY. 30 COPIES OF EACH SUPPLEMENT Annual editorial charge . Plus per printed page . · $100.00 . $ 14.00 Map, Diagram or Tabular pages Extra per printed page . $ 10.00 Freight Charges: F.O.B. - Seattle BID SUBMITTED November 9, 1981 BOOK PUBLISHING COMPANY A Corporation MUNICIPALITY OF TUSTIN, CALIFORNIA By and Date TUSTIN, CALIFOP~N IA October 23, 1981 The MUNICIPAL CODE CORPORATION. a co=potation duly authorized and existing under the laws of t_he State of Florida, ~ereinafter referred to as the Corporation hereby offers to ~ublish Looseleaf Supplements' to the existing Code of Ordinances for the CITY OF TUSTIN, a municipal corporation duly organized and existing under the laws of the State of California, according ~ the following terms and conditions. (1) SCHEDULE. The Cort~ration agrees to maintain the ~ode of the Municipality up-to-date by the publication of Loose- .ear Supplements containing the new ordinances of a general and ;e~manent nature enacted by the governing body. The Supplements :an be published bimonthly, quarterly, semiannually or annually, lepending on the requirements of the Municipality. There is no ~dditional charge for more frequent publication~ A minimum of thirty (30) working days shall be required for delive~ of a ~upplement, following publication of the previous Supplement. (2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. It is :equested that the ordinances be forwarded to the Corporation ;romptl~ following enactment by the Municipality for recording ~nd processing. (3) EDITORIAL SCRUTINY. The new ordinances will be ~tudied by a member of the law editorial staff of the Corporation %n conjunction with the existing provisions of the Code for the murpose of determining if any provisions of the basic Code are ~epealed, amended or superseded. The page or pages of the Code :ontaining provisions that are repealed Or amended by ordinance 3hall be reprinted or printed to remove such repealed or amended ;rovisions and to insert the new ordinances. -1- (4) EDITORIAL NOTES. Appropriate editorial notes will be ;repared and appended as deemed necessary by the Cor~oration. ~tate law references appended to the new ordinances by the {unicipal Attorney will be included as appropriate footnotes. (5) COMPARATIVE TABLE AND TABLE OF CONTENTS. The :or~oration will prepare a Comparative Table listing the ordi- nances included in each Supplement and setting out the location :hereof. This Table will be inserted preceding the Index. The ?able of Contents will also be kept current to reflect changes in :he Code volume. (6) INDEX. when the inclusion of new material necessi- :ares changes in the Index, appropriate entries will be prepared tnd the necessary pages of the Index will be printed or reprinted ~ include the new entries. If it is not feasible for the Index :o be maintained as herein described at a minimum of expense to :he Municipality. the Corporation will prepare a "Supplemental Index" and maintain same as ordinances are included in future ~upplements. (7) INSTRUCTION SHEET. Each Supplement will contain a ;age of instructions for removal of the obsolete pages and .nsertion of the new pages. (8) COSTS. The Corporation will prepare the ordinances ~ditorially and print thirty (30) copies as follows: Opt. 1. Typed format - wo~d processor, unjustified margins ..... $14.00 per page Opt. 2. Professional typeset format, justified margins ...... $18.00 per page For the purpose of this agreement, a page is hereby ]efined as the area on one (1) side of a sheet of paper. A sheet uontains two (2) pages. (9) REPRINTS. Additional copies of specific chapters or any portion of the Code may be printed and hound in paper covers. price list is attached to the back of this agreement. -2- (10) TABULAR MATTER. The costs provided in Paragraph (8) above ars based on a page containing type fo= ordinary composi- tion. Should the Supplement contain tables, drawings, and the. like for which other methods of reproduction ace required, the cost of such engravings or tabular matter will be additional to the costs as provided above. (11) FREIGn~ C~ARGES. The Supplements will be shipped to the Municipality, for distribution to the holders of t. he Co, es. The shipment will be prepaid and invoice~ at the time of final billing& The Municipality shall have the exclusive right to sell and distribute the Supplements. (12) PAYMENT. Ail money due the Corl~oration 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. (13) TERMINATION. The Looseleaf Supplement Service as provided herein shall be in full force and effect for a period of one (1) year and shall be automatically renewed from year to year, provided that either party may alter or cancel the terms of this agreement upon sixty (60) days' written notice. The terms of this proposal shall remain in force and effect for a period of ninety (90) days from the date appearing ~erein. We at the MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this proposal to the CITY OF TUSTIN, and sincerely hope that its terms are acceptable. Attaoh-~_nts= Sample Pages R~print Price List Respectfully submitted,  ION President