HomeMy WebLinkAboutMunicipal Code Corp.#1ADDITIONAL COPY
TO BE SIGNED AND
RETURNED IF
ACCEPTED
PROFESSIONAL SERVICES
PROPOSAL
SUNNY ISLES BEACH,
FLORIDA
MUNICIPAL CODE
CORPORATION
Table of Contents
Page-No-
PROPOSAL
PART ONE - CODIFICATION OF ORDINANCES
(1)
Ordinances Included
(2)
1
Copies of Material
(3)
1
Editorial Work
(4)
............................. 1
Notice of Completion of Editorial Work
(5)
2
Typesetting and Proofs
(6)
....................... 2
Index ..
(7)
............................... 2
Printing
(8)
and Binding .................. .
Code on Computer
(9)
......................... 3
Information Retrieval Software
(10)
3
Support and Training .....................
(11)
3
Internet Connection
(12)
4
Shipment; Adopting Ordinance
(9)
. ....................... 4
PART TWO - SUPPLEMENT SERVICE
(1)
Ordinances to be Furnished by Municipality
(2)
...............
Schedule
5
(3)
.............................
Electronic Supplementation
5
(4)
Editorial Scrutiny
5
(5)
Editorial Notes
5
(6)
........................
Index and Tables
5
(7)
Instruction Sheet
5
(8)
.........................
Checklist
5
(9)
Tabular Matter
6
(10)
........................
Reprints
6
(11)
Sample Ordinance Service
(12)
Annual State Law Review; Report
6
(13)
.....................
Analyzation of Code
6
(14)
..............................
Shipment .............................
6
(15)
Termination
6
..... ...............................
6
QUOTATION SHEET ........ ............................... 7
SIGNATURE PAGE ......... ............................... 9
PROFESSIONAL SERVICES PROPOSAL
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, codify and
publish the ordinances for the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation
duly organized and existing under state law, hereinafter referred to as the Municipality, according to the
following terms and conditions:
PART ONE
CODIFICATION OF THE ORDINANCES
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's
attorney, codify the ordinances of a general and permanent nature passed in final form by the
Municipality as of the date of this agreement. However, the Municipality may forward ordinances
subsequently passed for inclusion in the new Code until notice is received that the editorial work has been
completed.
(2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the preparation
of the Code, all ordinances of a general and permanent nature passed in final form, and either typed or
printed copies of the Charter and all amendments thereto. The ordinances may be furnished in hard copy,
on diskettes or via e-mail.
(3) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper phraseology. Concise, modern 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 and
sections 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) Catchlines. 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. The
note will indicate the source from which the section is derived.
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.
(4) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial
work, MCC will notify the Municipality 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.
(5) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit
one set of proofs to the Municipality for review. The Municipality may make word changes on the proofs
without charge. However, the Municipality will be charged for changes or deletions constituting more
than one page of type. For the purpose of this proposal, a page is defined as the area on one side of a
sheet of paper. A sheet contains two (2) pages.
It shall be the duty of the Municipality 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 Municipality request to review the proofs beyond forty-five (45) days but fail 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 Municipality. 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 the contract is in effect.
(6) 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.
(7) PRINTING AND BINDING. When the proofs are returned by the Municipality, MCC will
proceed with printing and binding the Code in accordance with the following:
a) Copies. The number of copies desired by the Municipality will be printed on 50 lb.
white offset paper.
2
b) Page format. The page size will be consistent with the format chosen by the
Municipality: 8%s x 11 inches, single column or 8' /z x 11 inches, double column
(samples attached).
c) Type size. Various type sizes are available for text. MCC will publish the Code in ten -
point type, unless otherwise specified by the Municipality. Notice of change must be
given prior to the completion of the editorial work so that the impact upon cost can be
determined and discussed.
d) Tabular matter. Tables, drawings, designs, Algebra formulae, or other materials which
require engraved cuts or special methods of reproduction, will be no additional charge.
e) Binding. MCC will bind copies of the completed Code in expandable post binders with
slide lock fasteners. Covers will be imitation leather and available colors are black, red,
burgundy, blue, navy or green, with gold lettering. Other binder choices are available
(D -ring and three - ring). Cost may vary. Additional binders can be ordered at any time
at the then current prices.
f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides)
for the bound Codes. The tabs will reflect the major divisions or chapters of the Code
volume.
g) Reprints of chapters. Additional copies of specific chapters or portions of the Code,
e.g., Zoning Regulations or Police Manual containing selected sections, may be ordered
for binding in paper covers for separate distribution or sale. Prices will be furnished
upon request.
(8) CODE ON COMPUTER. MCC can provide the Code in most word processing programs
like WordPerfect or WORD. Alternatively, the Code can also be provided in generic text form like
ASCII. The Code can be furnished on 3 '' /z" disk, CD -ROM, or via the Internet or modem.
(9) INFORMATION RETRIEVAL SOFTWARE. MCC offers to provide the Code integrated
with Folio Bound VIEWS. Folio Bound VIEWS offers a powerful, context - sensitive, on -line help
system for immediate assistance to inquiries. The customized menus offer robust functionality and
speedy start-up access to your information. Every word in an infobase is indexed. Type in a word, a
phrase or a query and watch the Query Map display the search results. With a click of the mouse, users
can jump to the points of information they need. Information retrieval capabilities include standard
boolean search operators, phrase searching, proximity searching and word stemming to include word
variations and synonyms in searches. Folio Bound VIEWS is available for Windows and Macintosh.
(10) SUPPORT AND TRAINING. MCC offers a generous support and training policy.
Telephone support is available during working hours by calling our toll -free number, 1- 800 - 262 -CODE.
Our personnel can usually resolve problems in one phone call. Phone support is free of charge. While
MCC does not physically install the software, our support personnel are available for consultation during
the installation. On -site training is also available, quotation upon request.
3
(11) INTERNET CONNECTION. Should the Municipality desire to place the Code on the
Internet, it may be included on MCC's home page (http: / /www.municode.com). This home page contains
a growing collection of Codes of Ordinances, and is available to anyone with Internet access. A link to
the municipality's home page can also be provided with this service. The fee includes updating the Code
on the Internet with all Supplements completed.
(12) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship
the Code as directed by the Municipality. At this time, MCC's attorney will furnish the Municipality with
a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance should be sent
to MCC, so that it can be included in the Code.
PART Two
SUPPLEMENT SERVICE
(1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall
forward to MCC copies of the ordinances upon final enactment by the Municipality. The ordinances may
be furnished in hard copy, on diskettes or via e-mail (ords @mail.municode.com).
(2) SCHEDULE. After shipment of the new Code MCC shall keep the Code up -to -date by the
publication of 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 Municipality. There is no additional charge for frequent publication. A minimum of
thirty (30) working days shall be required for delivery of a printed Supplement.
(3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive the
Code in electronic media, as set out in Part One of this agreement, MCC can provide the Supplements
electronically on a schedule desired to meet the Municipality's needs, e.g., monthly or bimonthly. The
Municipality may choose to have hard copy Supplements printed less frequently. The electronic media
will reflect the entire Code as updated through the most recent Supplement.
(4) 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 shall 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 Municipality will be
notified so that remedial action may be taken.
(5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the
new sections as deemed necessary by the editor.
(6) 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.
(7) 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.
5
(8) 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.
(9) 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 no additional
charge.
(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. Sample provisions of specific subjects will be
furnished upon request. A sample 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 Municipal 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 Municipality 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 Municipal Attorney as to any Code changes deemed
necessary or desirable as a result of such analyzation. MCC's attorney will work with the Municipal
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 Municipality.
(14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the holders
of the Codes. However, storage, distribution and billing services are available. Prices will be furnished
upon request. The Municipality shall have the exclusive right to sell the Codes and Supplements.
(15) TERMINATION. The Supplement Service provided under this Part Two shall be in full
force and effect for a period of three (3) years from the date of shipment of the completed Code to the
Municipality. Thereafter, the 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.
QUOTNTION SHIFFT
PART ONE - CODTFICATION:
(1) BASE COST, includes $6,450
a)
Editorial Work
b)
Typesetting and Proofs
C)
Indexing
d)
Printing and Binding
i. Number of copies
22
ii. Number of binders
22
iii. Number of sets of special order tabs
22
iv. Estimated pages (please choose desired format)'
[] 8'/� x 11 inches, single column
270
(] 8'/z x 11 inches, double column
225
(2) BASE
COST DOES NOT INCLUDE:
a) Pages in excess of those listed above will
be billed as follows:
i. 8'/2 x I 1 inches, single column $20
ii. 8' /z x l 1 inches, double column $24
b) Tabular matter, additional per page No additional charge
C) Freight charges (invoiced upon shipment) prepaid
(3) ADDITIONAL SERVICES AVAILABLE:
a) Reprints of chapters quotation upon request
b) Code on computer
i. Data integrated with Folio Bound VIE WS
one license (includes handling) $515
ii. Each additional license $100
c) Code on the Internet (includes all updates)
members of Florida League of Cities
no charge
A page is defined as the area on one side ol'a sheet ol'paper. A sheet contains two (2) pages.
7
(4) PAYMENT FOR CODIFICATION. (May be scheduled through two
budget years.)
a) Upon signing of the contract
b) Upon receipt of proofs
C) Balance upon delivery of Code.
PART TWO - SUPPLEMENT SERVICE
(1)
(2)
(3)
(4)
(5)
(6)
NUMBER OF PRINTED COPIES
SUPPLEMENT SERVICE, Cost per page
a) 8' /z x I I inches, single column
b) 8' /z x 11 inches, double column
c) One set of disks, per Supplement
(cost in addition to regular Supplement
per page charge)
d) If additional sets of updated disks required,
per set
ELF,CTRONIC SUPPLEMENTATION
ANNUAL STATE LAW REVIEW; REPORT
$2,000
$1,675
$18
$22
$75
$50
Quotation upon request
No charge
SAMPLE ORDINANCE SERVICE - during the first year
following shipment of the Code
PAYMENT FOR SUPPLEMENT SERVICE,
a) Payment for the Supplement Service will be due upon
receipt of an invoice. Supplements will be invoiced
when shipped.
b) Freight charges for the supplements will be prepaid and
invoiced at time of Final billing.
8
No charge
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 Municipality.
Witness
December 20, 1999
Witness
z 5-, zo 0 0
Date
Submitted by:
MUNICIPAL CODE CORPORATION
Accepted by:
SUNNY ISLES BEACH, FLORIDA
E
P esident/ EO
do' 4, � (OA1, -
Title: 'AA
City of I TO
Sunny Isles Beach FROM:
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Telephone: (305) 947 -0606
Facsimile: (305) 949 -3113 DATE:
David Samson, htmor
Connie Morrow, Vice ,Llawr
Commissioners
Danny Iglesias
Lila Kauffman
Irving'Ibretsky
City Manager
Jack Neustadt
On, Attornev
Lynn M. Dannheisser
On, Clerk
Richard Brown - Morilla
Mayor Samson and City Commissioners
Richard Brown - Morilla
City Clerk
February 24, 2000
SUBJECT: RESOLUTION AUTHORIZING THE AGREEMENT WITH
MUNICIPAL CODE CORPORATION FOR CODIFICATION OF
ORDINANCES AND SUPPLEMENT SERVICES
RECOMMENDATION:
It is recommended that the City Commission adopt the attached Resolution to enter into
the agreement with Municipal Code Corporation for Codification and Supplement
Services.
REASONS:
"Codification" is the process of preparing a Code Book that will contain the Municipal
Charter, and most ordinances adopted by the City Commission. The initial process of
codification is very time consuming for the City Clerk and City Attorney's Offices.
The finished product will include a table of contents, index and historical notes
detailing when the ordinances were adopted and amended.
Codifying the City's ordinances will mean in the future that the research efforts of the
City Clerk, City Attorney, staff members and the public will be facilitated. An
additional feature of the proposed agreement is that computer on -line accessibility will
become available to anyone with access to a computer and Internet connection.
Respectfully submitted,
Richard Brown - Morilla
City Clerk
9E
CONTENTS:
SECTION
No.
COVER LETTER
SWORN STATEMENT
AFFIDAVIT
MEMORANDUM
COUNCIL MINUTES
FOLIO or LASERFICHE
CODIFICATION
PROPOSAL ...........I
MCC QUALIFICATIONS
and SAMPLE PAGES .... II
ATTACHMENTS .......III
List of Clients
Flyers
PROFESSIONAL SERVICES
PROPOSAL
SUNNY ISLES BEACH
FLORIDA
MUNICIPAL CODE
CORPORATION
■r \"'d
July 10, 2001
0
' SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
' THIS FORM MUST BE SIGNED AND SWORN 'JO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
' 1 . This sworn statement is submitted to the City of Sunny Isles Beach, Florida
by`A. Lawton Langford
' for Municipal Code Corporation
whose business address is P • O. Box 2235
Tallahassee, FL 32316 -2235
and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 0649026
' (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:
' 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the
' United States, including, but not limited to, any bid or contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
' 3. 1 understand that "convicted" or "conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
' 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
' 1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity come. The term "affiliate" includes those officers,
' directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
' term "person' includes those officers, directors, executives, partners, shareholders, employees, members,
And agents who are active in manag ment of a entity.
uti, (q1, Zc,ti 1
' ture Date
�'" "•� •
BONDED THRU TROY WN INSURANCE INOiana L Kam
part
CCY722eo EXPIRES
November 7, 2004
�`� (�) ��) - v ` b /vd�y, �lrt 7 � � A': •:'h•' i�,�. � C
l Page 9 of 10
Rfp 01 -06 -01 Codification Services 61710111:42 AM
NON - COLLUSIVE AFFIDAVIT
State of FLORIDA )
)ss
County of LEON )
A•Lawton Langford
deposes and says that:
being first duly sworn,
(1) He /she is the(Owner, Partner, Officer, Representative or Agent) of the
Bidder that has submitted the attached Bid;
(2) He /she is fully informed respecting the preparation and contents of the
attached Bid and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have
in any way colluded, conspired, connived or agreed, directly or indirectly,
with any other Bidder, firm, or person to submit a collusive or sham Bid in
connection with the Work for which the attached Bid has been submitted;
or to refrain from bidding in connection with such Work; or have in any
manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Bidder, firm, or person to fix the
price or prices in the attached Bid or of any other Bidder, or to fix any
overhead, profit, or cost elements of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against the City of Sunny Isles Beach,
or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are
not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Bidder or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
tSworn to and subscribed before me this
Lawton Langford who is
Notary al:
Se :
Diana L. Ka, ipert
MY COMMISSION # CCW2667 EXPIRES
November 7, 2004
BONDED THRU TROY fAIN rNSURANCE INC
10th day of July , 2001, by
personally known to me or has provided
as identification.
Notary
ture
Page 10 of 10
Rfp 01 -06 -01 Codification Services 61710111:42 AM
MEMORANDUM
TO: City Attorney
' City of Palatka, Florida
FROM: James S. Vaught,
' Supervising Editor
Municipal Code Corporation
RE: Analysis and Republication
DATE: July 7, 1997
INTRODUCTION
This memorandum is an analysis of the 1981 Municipal Code, City of Palatka, Florida, as
supplemented through Ord. No.97 -12, adopted March 27, 1997, and later Ordinances through No.
97 -20, adopted June 2, 1997. The Code has been compared to state law (Florida Statutes Annotated,
as amended through the 1996 legislative session) and checked for internal inconsistencies, as well
as reviewed for conflicts with the U.S. Constitution
MEMORANDUM ORGANIZATION
This memorandum follows the numbering system of the city's 1981 Code. Material that the
supervising editor believes should be deleted will be mentioned in a specific reference in this memo.
All City Code references in this memorandum are to the Code as supplemented through Supplement
No. 57, and subsequent ordinances through No.97 -20, adopted June 2, 1997.
DELETIONS GENERALLY
' As a general matter, we recommend deletion throughout the remainder of the Code, of
provisions covered by the General Provisions Chapter. Generally, we recommend revising any
section that provides for penalties to provide that violations shall be subject to punishment as
' provided in the general penalty section of chapter 1. A major exception would be retention of
penalties that are substantially smaller (for example, parking penalties) than the general penalty. Any
such suggested deviation from the general rule is noted in this memorandum.
' We recommend deletion of any material the necessity for which has or will have (by the time
of publication of the Code) expired. For example, language providing for the terms of initial
Imembers of boards, commissions, etc., is suggested to be deleted
I I
� I
FELONIES
We recommend that the city, in order to avoid double jeopardy problems, not punish conduct
that constitutes a felony. See Waller v. Florida 397 U.S. 387 (1970), holding that a state is barred
by the double jeopardy clause of the U.S. Constitution from prosecuting for the same crime for
which the defendant was previously prosecuted by any political subdivision of the state. Each
provision of the Code or later ordinances constituting a felony is separately noted in this
memorandum.
REARRANGEMENT OF CODE
' We recommend reorganization of the Code following the Tentative Table of Contents that
accompanies this memorandum. Such arrangement will not be discussed further in this
memorandum unless the transfer of material will effect a substantive change, for example, by making
' a provision subject to definitions not previously applicable to it.
I MISCELLANEOUS
' Any references to a statute that is now at a different spot in the statutes are suggested to be
revised to refer to the current location.
' An indication of "No questions" as to a given portion of the Code indicates that no problems
were noted in a review of the indicated portion from a statutory, constitutional or charter standpoint
or in relation to other ordinances. Often, problems relating to enforcement or interpretation of an
' ordinance are not apparent on the face of the ordinance, and, thus, generally, are not covered by this
memorandum.
j STANDARD QUESTIONS
' In the interest of brevity, a number of standard questions are posed as to various sections.
The more common questions and their intent are as follows:
' (1) Still used? (or Used ?) This question identifies a section that it appears may no longer
be used, due to the age or subject matter of the section(s) and implies a general
' question whether the city wishes to delete such section(s).
' (2) Covered by ? (or Superseded by _ ?) This identifies a section or sections that
it appears may have been superseded, specifically, or in effect, by the indicated
provision, and should be interpreted as a general question whether the subject
section(s) should be deleted considering the indicated provision.
(3) Current? This questions whether a figure provided for in a section is the current
figure, and implies, as a general matter, a question whether the city wishes,
alternatively to use "time -to- time" language in place of the figure, i.e., whether
language should be inserted providing that such fee, charge or cost shall be in such
amount "as established by the city council from time to time."
(4) Needed? This identifies a section or sections not normally codified, generally
because such matter is covered by regulations promulgated by a department head or
other official.
(5) Revise to conform to F.S. § ? [Or, "Use F.S. § _ in place of this _T] This
identifies a section or portion thereof which conflicts with the cited statute and
revision is suggested to conform to the statute, generally by tracking the language of
such statute. In such cases, it should be noted that any portion of the statute
section cited that is not applicable to the city would be excluded, such as, for
example, portions that deal with municipalities of a different population bracket, or
portions that direct a state department or officer to perform certain duties.
No problems noted.
PART I. CHARTER AND RELATED LAWS
Subpart A. Charter
Subpart B. Related Laws
Art. II, § 154 (Palatka Gas Authority's members required to be owners
of real property): This is constitutionally questionable in
light of such cases as City of Phoenix v. Kolodziejski, 399
U.S. 204(1970), Hill v. Stone, 421 U.S. 289 (1975), and
Turner v.Fouche, 396 U.S. 346 (1970).
3
PART II. MUNICIPAL CODE
1 -2 (Rules of construction and definitions generally): In
addition to the current provisions of this section and any other
revisions suggested below, we would suggest adding to or
revising the following provisions of this section:
(1) Charter. We suggest adding a definition of "charter"
to read as follows. Do so?
"Charter, this charter. The terms "charter" or
"this charter," when used in this Code shall
mean and refer to the charter as adopted by
Chapter 9875 of the Laws of Florida of 1923,
as amended.
(2) Officers, etc: We would suggest deleting the
definitions in this section defining specific, individual
officers, (city attorney, city clerk, city manager,
finance director, mayor) and add a new generic
definition reading as follows. Do so?
"Officer, employee, department, board,
commission or agency. Whenever a reference
to an officer, employee, department, board,
commission or agency appears, it shall be
construed as if followed by the words "of the
City of Palatka, Florida."
(3) Shall. We suggest adding a coordinate definition of
"may" to read as follows:
"Shall; may. "Shall" is mandatory; "may" is
permissive."
(4) F.S. We suggest adding a definition for the
abbreviation of "F.S." reading as follows. Do so?
"F.S. The abbreviation "F.S." shall mean the
Florida Statutes, as amended.
rd
(5) Time. We suggest converting this into a definition of
"tense" and adding a new definition for time to read
as follows. Do so?
"Time. A reference to a specific time shall
mean Eastern Standard or Eastern Daylight
Savings Time, as may then be in effect."
1 -? (History, editor's, state law and cross reference notes): We
suggest adding a general section relating to the effect of
history, editor's, cross and state law reference notes, reading
as follows. Do so?
"Section. 1- . History notes, editor's notes, state
law and cross references.
The history notes appearing in parentheses after each
section and the editor's notes and state law and cross
reference notes throughout the Code are for the
benefit of the user of the Code and shall not be
considered as part of the text of the Code."
1 -? (Ordinances not repealed by adoption of Code): We
suggest adding a section to chapter 1 enumerating the types of
ordinances that are not repealed by adoption of the Code. The
suggested section would be one similar to section 3 of Ord.
No. 81 -7, currently set out as part of the preface to this Code,
which would be modified to conform to the new Code. Do
so?
(Supplementation of Code): We suggest adding a new
section dealing with supplementation of the Code to read as
follows. Do so?
"(a) Supplements to this Code shall be prepared and
printed whenever authorized or directed by the city.
A supplement to this Code shall include all
substantive permanent and general parts of ordinances
adopted during the period covered by the supplement
and all changes made thereby in the Code. The pages
of the supplement shall be so numbered that they will
fit properly into the Code and will, where necessary,
5
replace pages that have become obsolete or partially
obsolete. The new pages shall be so prepared that
when they have been inserted, the Code will be
current through the date of the adoption of the latest
ordinance included in the supplement.
(b) In preparing a supplement to this Code, all
portions of the Code that have been repealed shall be
excluded from the Code by the omission thereof from
reprinted pages.
(c) When preparing a supplement to this Code, the
person authorized to prepare the supplement may
make formal, nonsubstantive changes in ordinances
and parts or ordinances included in the supplement,
insofar as is necessary in order to embody them into
a unified code. For example, the person may:
(1) Arrange the material into appropriate
organizational units.
(2) Supply appropriate catchlines,
headings and titles for chapters,
articles, divisions, subdivisions,
sections and subsections to be
included in the Code and make
changes in any such catchlines,
headings and titles or in any such
catchlines, headings and titles already
in the Code.
(3) Assign appropriate numbers to
chapters, articles, divisions,
subdivisions and sections to be added
to the code.
(4) Where necessary to accommodate new
material, change existing numbers
assigned to chapters, articles,
divisions, subdivisions or sections.
(5) Change the words "this ordinance" or
similar words to "this chapter," "this
CO
article," "this division," "this
subdivision," "this section" or
"sections to
" (inserting section numbers to
indicate the sections of the Code that
embody the substantive sections of the
ordinance incorporated in the Code).
(6) Make other nonsubstantive changes
necessary to preserve the original
meaning of the ordinances inserted in
the Code.
1 -2 (Computation of time): Revise to conform to Florida Rules
of Civil Procedure § 1.090(a)? Among other changes, such
would provide that the first day from an event which is to
start the running of the period would not be counted.
1 -6 (Amendments to Code) amendatory language): We suggest
revising this section providing a procedure for amendments to
the code and related matters, reading as follows. Do so?
"(a) All ordinances adopted subsequent to this Code
that amend, repeal or in any way affect this Code may
be numbered in accordance with the numbering
system of the Code and printed for inclusion in the
Code. Portions of this Code repealed by subsequent
ordinances may be excluded from this Code by
omission from reprinted pages affected thereby.
(b) Amendments to provisions of this Code may be
made with the following language: "Section (chapter,
article, division or subdivision, as appropriate) of the
Municipal Code of the City of Palatka is hereby
amended to read as follows:...."
(c) If a new section, subdivision, division, article or
chapter is to be added to the Code, the following
language may be used: "Section (chapter, article,
division or subdivision, as appropriate) of the
Municipal Code of the City of Palatka is hereby
created to read as follows:...."
7
(d) All provisions desired to be repealed should be
repealed specifically by section, subdivision, division,
article or chapter number, as appropriate, or by
setting out the repealed provisions in full in the
repealing ordinance."
1 -8 (General penalty): Was the intent of Code sections 2 -193
through 2 -195 to supersede this section, especially as to
imprisonment provisions of this section? That is, was 2-
195 intended to establish every violaton of the Code as an
infraction? Such sections were adopted under the
authority of F.S. § 162.21, were they not? This section
(1 -8) is in compliance with F.S. § 162.22, but it appears that
selection of the option of F.S. § 162.21 precludes use of
162.22 [which authorizes imprisonment for up to 60 days].
Please review and advise as to any revision desired. Note
that F.S. § 775.08(2) provides that the term "misdemeanor"
does not include, inter alia, violations of a municipal
ordinance.
In addition, throughout the Code change any provision
declaring an act to be a misdemeanor to provide that it shall
be a "violation" of the Code?
2 -37 (Order of business): Is this the present commission order of
business?
2- 80(b)(2) (Normal retirement conditions for "benefit group
firefighter "): Unless this is under a former firefighter
retirement system, per F.S. § 175.331, this appears to conflict
with F.S. § 175.162(1) with regard to the normal retirement
date for firefighters. Revise to conform to such statute?
Or, leave as is?
2- 80(b)(3) (Normal retirement conditions for "benefit group police
officer "): Unless this is under a separate firefighter
retirement system, per F.S. § 185.35, this appears to conflict
with F.S. § 185.16 with regard to the normal retirement date
for firefighters. Revise to conform to such statute?
Or, leave as is?
I2- 84(a)(2)
(Pension to eligible surviving spouse of deceased retired
member where member did not elect payment form A, B
or C): Is this correct? This seems to conflict with
section 2 -85 in that, if a member does not make an election,
he /she is paid under form SL, which provides "all payments
stop upon the death of the retired member."
2 -85 (Description of form A): Is this correct? Should the first
sentence read: "The retired member is paid a reduced pension
for life under form of payment A." as opposed to "...under
form of payment B. "? [In connection with this, see the
descriptions of forms B and C]
2 -99(c) (Board of trustees of retirement fund to deposit funds in
"qualified public depository "): Note that such term is now
defined in F.S. § 280.02(16), not "280.02(12)."
2- 169(a) (Code enforcement board members to be residents,
maintain a business in the city, or own property within
the city): F.S. § 162.05(2), provides that the members shall
be residents of the municipality, and does not, on its face,
authorize appointment of business people or property owners
as alternative qualifications. Revise this subsection by
striking such alternative qualifications?
2- 169(1) (Frequency of code enforcement board meetings): This
subsection conflicts with subsection 2- 171(a), which permits
the board to meet less often than once every two months.
Since this section was last amended in 1992, while 2 -171 was
last amended in 1987, delete the last sentence in subsection 2-
171(a)?
1- 171(c) (Presentation of cases to code enforcement board): F.S. §
162.07(2) provides that cases shall be presented either by the
local governing body's attorney or a member of the
administrative staff of the local governing body. That is, it
does not authorize appointment of another attorney
specifically for that case by the code inspector. Note that
F.S. § 162.05(5) provides that the local governing body
attorney shall either be counsel to an enforcement board or
shall represent the municipality by presenting cases before
the board, but shall, in no case, serve in both capacities. This
subsection appears to be an election that the city attorney shall
G�
serve as counsel to the enforcement board. To conform to
such statute, delete all of subsection (c) after the word
"inspector" in the second line?
2- 171(e) (Required vote in order for actions to be official): Revise
to conform to F.S. § 162.07(4) by changing the phrase "at
least three (3) members of the enforcement board" to "at least
four members of the enforcement board" since the board has
seven members?
2- 172(c) (Subpoena power of code enforcement board): Revise to
conform to F.S. § 162.08(3) by revising (c) to read "(c)
Subpoena evidence to its hearings." ?
2 -173 (Fines): Revise to conform to F.S. §§ 162.09 and 162.10?
These statutes have been amended substantially in recent
years. For one thing, provision has been made for repeat
violations. Also, note that 162.10 provides for a maximum
20 -year duration of liens, as opposed to 2 years under 2 -173.
2 -175 (Notice procedure): This is only one of a number of forms of
notice provided for under F.S. § 162.12. Use 162.12 in place
of this section?
2 -194 (Maximum penalty for repeat violations): Note that F.S. §
162.09(2)(a) allows the code enforcement board to levy a fine
of up to $5,000.00 if it finds the violation to be irreparable or
irreversible in nature. Revise this section by adding language
tracking the statute subsection as to such $5,000.00 fine?
2- 195(a) (When a time period does not have to be provided for
correction of violation): Revise to conform to F.S. §
162.21(3)(b) by adding the phrase "if a repeat violation is
found or" immediately prior to the phrase "if the code
enforcement officer has" in the sixteenth line?
3 -16 (Definition of commercial handbill, subsection (3)): The
phrase "the ordinary rules of decency, good morals" is
questionable constitutionally. Perhaps, revise such phrase to
read as follows?
"the state statutes as constituting obscenity or tending
10
to disturb the"
3 -17 (Businesses with established location exempted): The
constitutionality of this is questionable on equal protection
grounds. Delete this section?
3 -23 (Placing handbills on or in automobiles prohibited): The
constitutionality of this is questionable in that it is arguably an
invalid prior restraint on speech. Perhaps, revise the first
sentence to add the following phrase at the end:
", without placing the same in such a manner as to
prevent the same from being blown or carried about
by the elements." ?
3 -27 (Information to be shown on handbill): A requirement that
handbills contain the names and addresses of the author and
distributor, at least as applied to noncommercial handbills,
is unconstitutional in light of Talley v. California 362 U.S. 60
(1960). Revise this section to delete the phrase "or
noncommercial" in light of such case?
' 5 -4 (Cruelty to animals): Revise to conform to F.S. §
828.12(1)?
5 -32 (Vaccination of domesticated animals required): While
under F.S. § 828.30(5), municipalities are authorized to adopt
' more stringent vaccination requirements than are provided in
828.30, would the city wish to revise this section to authorize
exemption of certain dogs and cats as provided in 828.30(2),
' generally exempting aged, infirm, disabled or ill animals?
' 5 -51 (Redemption fees for impounded animals): Current?
Note that such fees have not been amended since 1987.
' 6 -31
(One and Two Family Dwelling Code, 1982 Edition,
' adopted): F.S. § 553.73(2)(c), provides that the 1986 edition
is the required minimum edition of this Code, but provides in
F.S. § 553.73(3) that the state board of building codes and
' standards may by rule designate all or part of an updated or
11
revised version of a model code listed in 553.73(2) as a State
Minimum Building Code. Florida Administrative Code 9B-
3.047(1)(e) provides that the 1995 edition is the minimum
edition. However, the constitutionality of such statute (i.e.,
authorizing the board to adopt later editions) is questionable,
in that it might be construed as an unconstitutional delegation
of the legislative power. Would the city wish to revise this
to adopt the 1986 edition? Or, the 1995 edition?
Or, leave as is? If this is left "as is" the reference to "1982"
should be changed to 1983 as there was no 1982 edition. Do
so?
6 -31.1 (Amendments to One and Two Family Dwelling Code): If
the 1995 edition is adopted, these amendments will need to
be adjusted as follows. (We have no copy of the 1986
edition and thus cannot make recommendations with regard
to it.)
(1) R -203, Location on lot: The 1995 edition reference
would appear to be "302.1" or, possibly, 302.2,
although the last sentence of 302.2 in the 1995 edition
may have superseded this amendment. Please review
and advise as to the revision desired, if any.
(20 R- 216.1, Smoke detectors: The correct reference in the
1995 edition is "316.1"; however, the 1995 edition
appears to make this amendment unnecessary in that
it now requires interconnection of detectors and
detectors on each floor, except as to split -level
dwellings. Delete this amendment?
6 -38 (Standard Building Code, 1982 edition with 1983
amendments, adopted): Same general note and questions as
to 6 -31, except that the relevant statute and FAC citations are
F.S. § 553.73(2)(a) [which requires the 1988 SBC] and FAC
9B- 3.047(1)(a) l . [which designates the 1994 edition as the
minimum].
6 -38.1 (Amendments to Standard Building Code): If the 1994
edition is adopted, these amendments will need to be
adjusted as follows. Do so?
12
(1) Appendix J, Energy Conservation: This is also J in the
1988 editions, but is Appendix E in the 1994 edition.
(2) 1703.1(d), Fire protection: The relevant section in the
1988 edition would be 1704.1.4 and in the 1994
edition it would be 2305.1.4. This applies to both
additions to 1703.(d).
(3) 103.6.1, Permit intent: In the 1988 edition, this should
be numbered as 102.6.1 and in the 1994 edition this
should be numbered as 103.7.1.
6 -48 (National Electrical Code, 1981 edition, adopted): F.S. §
553.19(1) specifies the 1990 edition of the NEC as the
minimum edition of such Code. Revise to adopt the 1990
edition?
6 -57 (Standard Gas Code, 1982 edition, adopted): Same general
note and questions as to 6 -31, except that the relevant statute
and FAC citations are F.S. § 553.73(2)(a) [which requires
the 1988 SGC] and FAC 9B- 3.047(1)(a)4. [which designates
the 1994 edition as the minimum]
6 -57.1 (Amendments to Standard Gas Code): If the 1988 or 1994
editions are adopted, the revision to 305.2(a) would need to
refer to 305.2 alone (the separate (a) and (b) were combined
in 1988 and 1994). No adjustment otherwise as to 305.2
would need to be made for the 1988 edition, but the 1994
edition now calls for one -half inch if the meter is within 3 feet
of the building and one -inch if over 3 feet. The amendment
of 505.6 is still relevant to both the 1988 and 1994 editions.
6 -66 (Standard Mechanical Code, 1982 edition, adopted): Same
general note and questions as to 6 -31, except that the relevant
statute and FAC citations are F.S. § 553.73(2)(a) [which
requires the 1988 SMC] and FAC 9B- 3.047(1)(a)3. [which
designates the 1994 edition as the minimum]
6 -67 (Standard Mechanical Code amendments): If the 1988 or
1994 edition is adopted, these amendments will need to be
adjusted as follows. Do so?
13
(1) Section 106, Fees: This is Appendix C in the 1988
edition; this is Appendix B in the 1994 edition.
(2) Section 107, Inspections: This is section A 103.8 in the
1988 edition; this is section 103.8 in the 1994 edition.
(3) Appendix K: It is unclear what the corresponding
provision is. There was no Appendix K in the 1982
edition or any other edition of the SMC back at least
through the 1973 edition, the earliest edition available
to MCC, nor in any edition through the 1994 edition.
Please review and advise as to any desired revision.
6 -76 (Standard Plumbing Code, 1982 edition, adopted): Same
general note and questions as to 6 -31, except that the relevant
statute and FAC citations are F.S. § 553.73(2)(a) [which
requires the 1988 SPC] and FAC 9B- 3.047(1)(a)2. [which
designates the 1994 edition as the minimum]. Also, note
that F.S. § 553.06(1) requires the state board of building
codes and standards to adopt the 1994 SPC.
6 -76.1 (Amendment of Standard Plumbing Code, section. 1210.1
materials): This amendment would be congruent with the
1988 edition, but if the 1994 edition is adopted, this would
need to be revised to refer to sections 611.2 and 611.3.
6 -79 (Standard for Elimination or Repair of Unsafe Buildings,
1985 edition, adopted): This is the latest edition, however
the Code is now entitled "Standard Unsafe Building
Abatement Code." Revise the title accordingly?
6 -80 (Standard Fire Prevention Code, 1982 edition, adopted):
F.S. § 633.025 mandates that the 1985 SFPC, "or later
edition" be adopted by municipalities. Revise this to adopt
the 1985 edition? Or, the 1994 edition?
6 -81 ( "National Fire Code, 1983 edition" adopted): Which Code
was intended to be adopted by this? There is no such
Code. Perhaps the 1983 editions of the National Fire Codes,
published by the NFPA? Or, perhaps Pamphlet 1, 1985
edition, of the NFPA?
14
those amounts? Or, leave as is?
11 -74 (Pawnbroker's license issued subject to approval of
location by city commission): Would this not be superseded
by the zoning ordinance?
11 -76 (Schedule of occupational license fees): Unless the schedule
is tied to a computerized system, we would recommend
deleting the designation of each license by a specific number,
so as to obviate the need to add a "point" number when a new
occupational license is inserted. Do so? Or, leave as
is?
11- 76(59) (Fee for clairvoyants, fortunetellers, palmists or
phrenologists): As with subsection (83) below, this is
arguably, although not as clear as (83), in contradiction of
F.S. § 205.191 which provides that "nothing in this chapter
[ch. 205] shall be construed to require a license for practicing
the religious tenets of any church. And, in fact, section 11 -81
of this chapter tracks such statute. Delete this subsection?
Or, leave as is?
11- 76(83) (Fee for "divine healers "): This would appear to be clearly
in contradiction of F.S. § 205.191 in that faith healing is an
integral part of the practices of a number of religious groups,
such as, for instance, the Christian Scientists.
11- 76(100) (Fee for fortunetellers): If subsection (59) is deleted, delete
this as well? In any event, this should be deleted since
it is covered in I1- 76(59). Do so?
11- 76(156) (Fee for merchants and merchandising): Subsections (b),
(c) and (d) are defective in that they do not provide what the
fee will be if , for instance, the stock is $25,000.99. We
would suggest revising the lower figure in each to,
respectively, $25,000.01, $50,000.01 and $100,000.01. Do
so? And subsection (e) is unclear. Was it intended to
read "Each additional $100,000.00 or fraction thereof." ?
Or does the additional $100.00 fee not take effect until an
additional $100,000.00 is reached?
18
11- 76(173) (Fee for oculist): Delete as covered by subsection (176)?
11- 76(182) (Fee for palmist): See note above as to subsection (59).
Delete this in any case as covered by (59)?
11- 76(189) (Fee for phrenologist): See note above as to subsection (59).
Delete this in any case as covered by (59)?
11- 76(204) (Fee for recruiting labor, $175.00 per day): Is this actually
enforced? The per day charge seems to clearly be aimed at,
in effect, prohibiting such activity in the city.
11- 76(223) (Shows: theatrical, vaudeville or minstrel; $1500 per day):
Same comments and question as to (204).
11 -78 (Occupational license exemption for "cripples, invalids,
aged, etc. "): Revise to conform to F.S. § 205.162?
11 -79 (Occupational license exemptions for disabled veterans
and unremarried spouses): Revise to conform to F.S. §
205.171(1), (5) and (6)?
11 -80 (Occupational license exemption for certain agricultural
products): Revise to conform to F.S. § 205.064(1), by
adding the word "aquacultural" after "farm," in the first line?
11 -83 (Amateur entertainment exemption): The constitutionality
of this is questionable on equal protection grounds in that it
distinguishes between "local talent" and any others. Delete
the phrase "where local talent is used exclusively. "?
11 -106 &11 -110 (Telephone tax): There appears to be a conflict between
these two sections in that 11 -106 levies the tax that was
authorized in F.S. § 166.231(9)(a)2, [now 166.231(10)(a)2]
which is 7 percent of the total amount charged for any
telecommunications service while 11 -110 provides that the
tax applies to all charges made for local telephone service,
which was the tax authorized by F.S. § 166.231(9)(a)1 [now
16623](10)(a)]]. Since 11 -106 is the most recently amended,
it would appear that 11 -110 should be deleted. Do so?
I1 11- 202(1)
u
(Definition of "secondhand dealer "): Revise to conform to
19
F.S. § 538.03(1)(a)?
(Definition of "precious metal "): Revise to conform to F. S.
§ 538.03(1)0)?
11 -205 (Goods to be held for 10 days): F.S. § 538.06(1) requires
that aM goods acquired (unless the person to whom the
goods are to be transferred was the person from whom they
were first acquired) by a secondhand dealer must be held 15
calendar days. Revise to conform to such statute?
11 -209 (Penalties): Retain these penalties? They exceed the
penalties authorized under F.S. § 162.22 for violations of
ordinances generally.
12 -1 (Ch. 316 Uniform Traffic Control Law adopted): Delete?
F.S. § 316.007 would appear to prohibit the "in toto"
adoption of Ch. 316.
12 -26 (Penalty for parking in handicapped zone): Under F.S. §
316.008(4), this could be raised to $250.00. Do so? Or,
leave as is?
13 -9 (Throwing or depositing garbage, trash, wastewater,
handbills, dirt, etc., on streets and sidewalks): Delete?
Or, retain? The city has, in section 13 -1, adopted state
law misdemeanors by reference. This offense is, essentially,
littering which is a misdemeanor under certain circumstances.
See F.S. § 403.413(6)(b).
13 -11 (Registration of religious institutions for Code
compliance): Retain? Or, delete? While the issue
is far from clear, it could be argued that this is a form of
licensing, albeit without payment of any fee, and could
therefore be argued to be a violation of the First Amendment.
Assuming that this was adopted to ensure compliance
with zoning regulations, and that, as to churches existing at
the time the ordinance was passed which were in zoning
districts where a church was considered a preexisting
20
nonconforming use were "grandfathered" there would appear
to be no valid reason for registration of them. Even for new
churches, it would appear that conformance to the zoning
ordinance could be ensured through building permit process
(which would entail, inter alia, checking for zoning
compliance) and change of use provisions of the zoning
ordinance.
If, on the other hand, this was adopted for purposes of
determining the eligibility of churches for utility tax
exemptions, it also seems unnecessary in that this could be
determined at the time a new church applies for utility
services.
13- 21-- -13 -27 (Curfew for minors): A general curfew for minors was
declared unconstitutional in W.J. W. v State of Florida, 356
So.2d 48 (1 D.C.A.Fla., 1978), primarily because the
ordinance did not contain exemptions for lawful activities
other than employment. See also AGO 82 -22. However,
subsequent authority is granted in F.S. §§ 877.20 through
877.25 for municipal curfew ordinances, which statute does
contain other exemptions. Retain? Or, delete and adopt
F.S. §§ 877.20 - -- 877.25 by reference as permitted by
877.25? Note that this ordinance is more restrictive than the
statute (which is permitted under 877.25) in that a minor
under the statute is anyone under 16, while under this
ordinance a minor is anyone under 18. Also, note that
the statute prohibits minors who have been suspended or
expelled from being in or remaining in a public place, an
establishment or within 1000 feet of a school during the hours
of 9:00 a.m. to 2:00 pm. on any school day.
13- 31-- -13 -35 (Convenience store security): Note that F.S. § 812.1725
preempts any local ordinance which comes into effect after
September 1988 insofar as it differs from F.S. §§ 812.173
and 812.174. In light of such statute, insert the applicable
provisions of 812.173 and 812.174 in place of sections 13 -32
and 13 -33?
13 -71 et seq (Public nudity): This is, essentially, the same offense
(exposure of sexual organs) prohibited by F.S. § 800.03
which is a misdemeanor. However, since this is far more
21
detailed, the city will probably wish to retain this ordinance.
Do so?
13 -80 (Territory subject to nudity ordinance): Is this necessary?
It states what is the normal rule of construction, i.e. that an
ordinance is applicable throughout the jurisdiction that adopts
it, unless otherwise provided.
14- 53(f)(3) (Powers and responsibilities of historic preservation
board): From the context, it appears that the word
"adaption," beginning at the end of the second line, was
actually intended to read "adaptation." Is this correct?
14 -55(c) (Procedure for obtaining a certificate of appropriateness;
notification and building permit): Is there language
missing between the first and second lines? Was it,
perhaps intended to read "Upon receiving the order of the
board, the secretary...." ? (As opposed to "Upon
receiving the order to the board, the secretary.... " ?)
14- 84(Table 1) (Impact fees for police protection): Are the fees shown
intended be per unit of measurement? For example, is a
5,000 square foot eating /drinking establishment to pay
$1595.00? (i.e., $319 x 5) If so, alter the title
of the column representing "Impact Fees" to read "Impact
Fees /Per Unit of Measurement ") Or, alternatively, add
language immediate following the first sentence of subsection
(a) reading as follows: "The fees shown are to be per each
unit of measurement or fraction thereof." ?
14- 84(Table 2) (Impact fees for fire protection): Same questions as to Table
1.
15 -3, 15 -5, 15 -6, 15 -7 (Captains, lieutenants and sergeants; appointment, etc):
See the note above as to section 9 -17.
16-1,16-2 (Madison Street railroad crossing; blocking crossings by
railroad trains): Delete these sections? Train speed, and
other track safety regulations, have been preempted by the
Federal Railroad Safety Act of 1970 (codified at 45 U.S.C.
§421 et seq.) See such cases as Johnson v. Southern Ry. Co
654 F.Supp. 121 (W.D.N.C. 1987), CSX Transp., Inc. v. City
of Tullahoma, Tenn. 705 F.Supp. 385 (E.D.Tenn 1988), City
22
of Covington, Ky. v. Chesapeake & Ohio Ry. 708 F.Supp. 806
(E.D.Ky. 1989). Also, see Donelon v. New Orleans Terminal
Co. 474 F.2d 1108 (5th Cir.), cert. denied 414 U.S. 855
(1973).
Also, see the recent case of CSX Transportation, Inc. v. City
of Plymouth, Michigan 86 F.3d 626, USCA 6th Cir. (1996),
holding that an ordinance prohibiting obstruction of the track
for more than a specified period was also preempted by the
FRSA.
17 -1 (Definitions for signs chapter): A number of the definitions
in this section use incomplete sentences to establish
regulations. For instance, see the last sentence of the
definition of "bracket sign." Such should be rewritten, either
by adding a comma in place of the period at the end of the
preceding sentence and adding the word "and" preceding
"Not" OR by revising the last sentence to read: "A bracket
sign shall not be larger than 32 square feet." Do so? If so,
which type of revision would the city prefer, here and in
similar cases?
(Definition of "wall graphic "): Language appears to be
missing at the end of the sentence, i.e., "over." Over what?
17 -4 (Construction of awnings and marquees): If the city adopts
the 1994 Standard Building Code, note that § 3108.1.10 of
such code requires a clearance of 9 feet, as does § 230 1. 10 of
both the 1982 and 1988 SBC. Revise this to require a 9 -foot
clearance?
I' 17 -15, 17 -17
(Sign permit fees and renewal fees): Current?
' 17 -22 (Immoral nature of signs): The constitutionality of this is
questionable on void for vagueness grounds. Perhaps, revise
this to read as follows:
' "No sign shall display any statement, work, character
or illustration which is obscene, as defined under state
' law, or that is otherwise unlawful under state or
11 23
D
federal law." ?
17 -28 (Projecting signs over sidewalks or streets): Same
questions as to 17 -4.
17 -34, 17 -35 (Nonconforming signs): Are these still necessary?
Subsection (a) of 17 -35 would seem to indicate that
nonconforming signs had to be brought into compliance 5
years after the adoption of Ord. No. 84 -2.
18 -3 (Nonoperational vehicles): Delete as superseded by Code §
10 -4 (which was adopted after this section)?
18 -4(c) (Testing manholes for gas): Revise the precatory "should"
in the last sentence of (c) to read "shall "?
18 -16 (Leaving of goods, wares, etc., on sidewalks): The first
sentence, through the first semicolon, would appear to
conflict with section 18 -1 in that 18 -1 appears to allow certain
obstructions upon approval of the chief of police or the city
commission. Perhaps, revise the first sentence of this
section to read as follows?
"It shall be unlawful, except as otherwise provided in
section [18 -11, for any person to place, put or leave
any goods, wares,...."
18 V2 -1 et seq. (Tree protection chapter): Delete as superseded by subsection "6."
of section 26 -7 of the zoning ordinance? If not, note that the
definition of "tree" in this section differs from the zoning ordinance
definition. If this chapter is retained, revise the "tree" definition to
conform to the zoning ordinance definition?
19 -56 (Abbreviations): Revise the reference to Department of
Environmental Regulation to "department of environmental
protection "? (And the abbreviation to "DEP " ?) And,
make such change throughout the chapter? Such as section
19- 61(b)?
19 -93, 19-117,19-128 (Surcharges for utility users outside city): While 19 -93,
19 -117 and 19 -128 are in conformance with F.S. § 180.191
(which permits surcharges of up to 25 percent), they are in
conflict in that 19 -93 purports to impose a surcharge of 20
24
percent while the rates imposed under 19 -117 and 19 -128 are,
in fact, 25 percent higher. Please review each section and
advise as to any changes desired. Perhaps, simply revise 19-
93 to provide for a surcharge of 25 percent?
20 -30(b) (Taxicab drivers not to solicit business for hotels, or
houses "of ill repute "): The prohibition of soliciting business
for hotels is of doubtful constitutionality, on free speech
grounds. Delete such prohibition? And, change the
reference to "house of ill repute" to "house of prostitution "?
20 -35 (Prohibition of nonpaying passengers): Is this actually
enforced? Even when there is no paying passenger in
the vehicle?
22 -3 (Definition of "wetland vegetation "): Was this intended to
read "Wetland vegetation shall have the meaning as set out in
Rule 17 -301 of the Florida Administrative Code "? In any
event, such term does not appear to be defined. Although it
is unclear, it appears that former 17 -301 has been transferred
to 62- 301.200(3) and 62- 340.200(19). The latter defines
"wetlands," in part, by describing the types of vegetation
found in wetlands. Was this what was referred to?
App. A. (Subdivision regulations): Continue the current practice and
set this out as an appendix to the Code volume? Or,
codify as a chapter? If this is to be codified, the city may
wish to consider the following problems:
(1) Section 20A -2(I), Definition of "subdivision": In
some respects this is more restrictive than the
statutory definition (177.031(18)) in that the statute
applies to the division of land into three or more plats,
etc., while this applies to division into two or more
plats, etc. However, it is less restrictive in that it has
exemptions not found in the statute. Please review
and advise as to any revision desired.
(2) Section 20A -2(2), Definition of "Streets:": This
differs somewhat from F.S. § 177.031(17). Revise
to use such statute in place of the first, undesignated
paragraph of this definition? However, the
P*1
"service drives" referred to in 20A- 2(2)(d), may be
the "access ways" referred to in the exception clause
of such statute. Please advise as to any revision
desired.
(3) Section 20A -2(5), Definition of "lot width ": Note
that this differs somewhat from the definition of "Lot
measurement, width" in section 26 -19 of the zoning
ordinance. Please review and advise as to any
revision desired.
20A -13(b) (Minimum lot sizes for subdivision regulations): Note that
this conflicts with the minimum sizes specified under section
26 -6 of the zoning ordinance, and that several of the zoning
classifications specified in the zoning ordinance are not listed
in this subsection, such as, but not limited to, R -1 -AA and
R -3. Perhaps, revise (b) to simply provide that minimum
lot sizes shall be as provided in the zoning ordinance?
App. C (Zoning Regulations): Retain this as an appendix, or codify
as a chapter. As noted in the editor's note to this
appendix, special rules set out in F.S. §§ 163.3161 et seq.
govern the adoption and amendment of zoning ordinances.
Thus, incorporating the zoning ordinance into the Code as
a chapter, which would necessarily entail, at a minimum,
renumbering of sections to fit into the scheme of the new
Code, could raise a challenge to the chapter as having been
invalidly amended unless all special procedures for zoning
ordinance amendments were complied with as part of the
codification process. Due to such problem, many local
governments make such changes via a separate (i.e. separate
from the ordinance adopting the republished Code)
ordinance complying with the cited statutes.
If the zoning ordinance is to be set out as an appendix,
we would recommend inserting missing language or
corrected references in brackets at the appropriate spots [as
is currently done in a number of instances, for example in
26 -3 "2.e."], and leaving sections needing revision to
conform to a statute "as is" at the present time, with such
revisions to be made by separate ordinance, apart from the
FM
1 republication process.
On the other hand, if the zoning ordinance is to be set out
as a chapter in the new Code, the following issues should
be considered:
1 The references in the Whereas clauses to F.S.
() .c .176
and Act No. 69 -139 would be deleted since the
whereas clauses would be deleted. However, if this
is retained as an appendix, a reference to F.S. §
' 163.3161 et seq. should be inserted in brackets as
former chapter 176 has been repealed and Act 69 -139
has been superseded by 163.3161 et seq.
' (2) Reliance on catchlines for affirmative legislation:
Many sections or subsections in the appendix rely on
' the catchlines of sections or subsections for
affirmative legislation. For example, see 26 -6,
subsection l.b. Add language such as the following:
' "The following uses are permitted in an R -IAA
district:" ? And, throughout the ordinance, add
similar language where necessary to reflect the intent
' indicated by a catchline?
(3) Section 26 -2, subsection 2. : The titles of the
t following districts do not conform to the titles found
in 26 -6:
' (a) Recreation District, R -1: In 26 -6, subsection
12., this is referred to as the "ROS recreation
/open space district ". Change the reference in
' this section? (That is, 26 -2)
' (b) Public Facilities District, PF -1: In 26 -6,
subsection 13., this is referred to as the PBG-
1 public buildings and grounds district.
' Change the title in this section (26 -2) to
conform to 26 -6?
' (c) Public Facilities District, PF -2: In 26 -6,
subsection 14., this is referred to as the PBG-
2, other public facilities district. Change the
' title in this section (26 -2) to conform to 26 -6?
1 27
(d) Open Space district, OS -1: In 26 -6,
subsection 12., this appears to have been
merged with the R -1 district. Thus delete this
as a separately referenced district?
(e) Historic Site district, HS -1: In 26 -6,
subsection 16., this is termed a HD historic
district. Revise 26 -2 accordingly?
(f) Section 26 -6, subsection 15., creates a "CON
conservation district" which is not mentioned
in 26 -2. Add a reference to such in 26 -2?
(4) Section. 26 -3, 2.a: It appears that the second line of
"a." should read "center lines ofstreets or alleys shall
be construed as"
(5) Section. 26 -4, 2.a., 2.b., 2.c., height, bulk, density
and lot coverage: Language appears to be missing in
each of these subsections. Perhaps, add language such
as the following?
(a) Add to "a. ": "limitations provided herein"
(b) Add to "b. ": "than as permitted or required
herein"
(c) Add to "c ": "than as permitted or required
herein"
(6) Section. 26 -4, "S. ": It appears the first line should
read: "Limitation on number ofprincipal buildings on
lots in ".
(7) Section 26 -5. "2. Nonconforming lots of record. " It
appears the second line should begin as follows:
"exists which was held in individual ownership..."
(8) Section. 26 -5, "3. Nonconforming uses of land. ": it
appears the fifth line should read as follows: "may be
continued, so long as it remains otherwise lawful,"
28
(9) Section 26 -6, subsection Lb(1), single-family
dwellings as a permitted use in R -IAA: Note that
F.S. § 419.001 et seq. provides that certain
community residential homes are single - family units
for zoning purposes without the approval of local
governments. While subsection Lb(l) is, arguably,
not directly in conflict with the statute, would the city
wish to add to this subsection (and all other
subsections which permit single- family dwellings)
language such as the following?
", including those community residential
homes declared to be single- family units by
state statute."
(10) Section 26 -6, subsection Le. (9), "day care centers"
as a conditional use: While the issue is far from clear
(since special exception or use is not defined) it could
be argued that F.S. § 166.0445 [which provides that
registered or licensed family day care homes (which
are defined in F.S. § 402.302(5)) are a valid
residential use and prohibits special exception or use
permit requirements in zoning ordinances] would
require that this be placed in the permitted use
category, as opposed to the conditional use category.
(Note that § 26 -12, subsection 4.c refers to a
conditional use as a special exception.) This assumes
that the term "day care centers" (which is not defined
in the zoning ordinance) was intended to refer to
"family day care homes." The preceding comments
would apply to all other subsections which permit day
care centers in residential areas as a conditional use.
Move this to the permitted uses category?
(11) Section 26 -6, subsection 4.f(6) (b), minimum side
yards in R -2 district:: It appears this should read
"Side *: Seven and five tenths feet or 10 percent of lot
width, whichever is greater.
(12) Section 26 -6, subsection 6.f. (S) (b)2., minimum side
yards for lots in mobile home parks: It appears this
was intended to read "Side: None, provided no mobile
home shall be located closer than 20 feet to any other
29
mobile home."
(13) Section 26 -6, subsection IO.e(1), conditional uses in
the C -3 district :It appears that there is a repetition of
language. Specifically, the second phrase reading "of
the effective date of the establishment of the" should
be be deleted as duplicative of the immediately
preceding phrase.
(14) Section 26 -6, subsection II.e(6), day -care centers as
conditional use: Is this correct? That is, are day
care centers actually allowed in the M -1, light
industrial district?
(15) Section 26 -6, subsection 13.c.(2), "group care
homes "as a "conditional use" in thePBG -1 district:
The term now used in F.S. § 419.001(2) is
"community residential homes." Change the term
here? In addition see note (9) above as to
Section 26 -6, subsection Lb(1).
(16) Section 26 -7, subsection 6.II.Part B.(2)(a)4. [page
1712.181: What are the SF and MF entries in the table
supposed to represent? There are no such
districts listed in section 26 -2.
(17) Section 26 -7, subsection (10), mobile homes for
security of public and private facilities: If this
appendix is codified as a chapter, the same comments
would apply as are set out above with regard to Code
section 9 -17. Except, as to "Florida Highway
Patrolman," the city might wish to use the phrase
"uniformed member of the Florida Highway Patrol."
(18) Section 26 -7, subsection 17, patio houses,
illustration on page 1717: If this figure is to be
printed, we will need a better copy as it is illegible in
part.
(19) Section 26 -8, subsection l.e: Language appears to be
missing between the words "costs" and "be" in the
third line. What was intended is not readily apparent.
Please review and advise as to the missing language.
30
(20) Section 26 -8, subsection 5.b(4)(b): Language appears
to be missing in the fifth line between the words
"regulations" and "modifies ". What was intended is
not readily apparent. Please review and advise as to
the missing language.
(21) Section 26 -9, subsection 2.a.(12), parking for
medical, etc. offices: Was the catchline intended to
read "Medical or dental offices or clinics "?
(22) Section 26 -11, board of zoning appeals: Is this board
still in existence? Note that Code § 2 -1670)
provides that the code enforcement board is charged
with enforcement of the zoning ordinance.
(23) Section 26 -11, subsections 4. and 8.a, authority of
board ofzoning appeals in regard to nonconforming
uses: If the board of zoning appeals is still in
existence (see note (22) above), note that subsection
4., on its face, appears to conflict with 8.a., in that 4.
clearly contemplates, under certain conditions,
allowing change of a use from one nonconforming use
to another, while 8.a. flatly prohibits any variance to
permit a nonconforming use in any district. Perhaps,
revise 8.a. to read as follows?
"a. To permit a nonconforming use,
except as otherwise provided in this
chapter, in any district."
(24) Section 26 -12, conditional uses: As with section 26-
11, is the planning board still in existence, in light of
Code § 2- 1670)? If not, substitute the phrase "code
enforcement board" in place of "planning board" in
this section and throughout the chapter?
(25) Section 26 -13.2, notice generally of zoning
ordinance amendments: Note that this conflicts, in
part, with F.S. § 166.041(3) in that, under certain
circumstances two hearings (as opposed to one) are
31
required.. Perhaps, revise this subsection 2. to read as
follows?
"No request for amendment may be
considered by the planning board until such
time as the notice and hearing requirements
provided in F.S. § 166.041(3) have been
complied with."
(26) Section 26 -12.3, notice by posting on property. This
is not required under F.S. § 166.041; however, this
would appear to be permissible as an "additional
requirement" under F.S. § 166.041(6), except that
F. S. § 166.041(3)(c) 1. would seem to require that the
notice be sent at least 30 days prior to the hearing.
Revise this to conform?
(27) Section 26 -13, subsection 4., planning board report
to city commission: It appears that there is language
missing between the words "on" and "does" in the
eighth line. Please review and advise as to the
missing language.
(28) Section 26 -13, subsection 5.13: It appears that word
"contracted" was intended to be "contrasted "; is this
correct?
(29) Section 26 -19, definition of "child care center ": Is
this is intended to be equivalent to "family day care
homes" (see note (10) above), it should be noted that
this does not conform to the definition of "family day
care homes" in F.S. § 402.302(5). Revise to
conform to such definition? Or, leave as is?
(30) Section 26 -19, definition of `family ": See note (9)
above as to F.S. § 419.001. Revise in a manner
similar to the suggested revision under such note (9).
That is, revise the second sentence to read as follows?
"The term `family' shall not be construed to
mean a fraternity, sorority, club, monastery or
convent, or institutional group, except persons
32
1I
33
occupying community residential homes
where state statutes declare the same to be
single - family units."
PART THREE
COUNCIL MINUTES
FOLIO OR LASERFICHE
t
IFOLIO FOR MINUTES:
(1) MINUTES ON DISK. The City will furnish minutes available electronically on disk, CD-
ROM or via e -mail (ords @mail.municode.com).
' (2) CONVERSION OF MINUTES TO ELECTRONIC MEDIA. If minutes are not
available from the City electronically, MCC will convert the minutes to electronic media, by double
keystroking. We double keystroke the minutes, in order to provide the greatest possible accuracy. Two
t individuals create two separate databases in electronic form. A proprietary computer program we wrote
specifically for this purpose then compares the two databases. This process results in a 99.9% accurate
database; far greater than single keystroking or scanning. The best argument for double keystroking is
' that the database will allow the City to perform searches and be able to rely on the electronic copy of the
minutes for information.
(3) INTEGRATION OF MINUTES WITH FOLIO BOUND VIEWS. MCC will integrate
the electronic minutes with Folio Bound Views. No manual or hard copy index will be prepared under
this option.
(4) FUTURE MINUTES ON DISK. The City can provide future minutes on disk for
integration with the Folio software as above. The updates can be on a schedule or as desired by the City.
(5) INTERNET CONNECTION. Should the City desire to place the electronic Minutes on the
Internet, they may be included on MCC's home page (http: / /www.municode.com). A link to the City's
thome page can also be provided with this service.
(6) DELIVERY. MCC will deliver the minutes integrated with Folio Bound Views within 90
days after receipt of the disks. Should MCC require additional time, the City will be notified
immediately. The delivery for future minutes on disk will be 30 days.
1
PART THREE - COUNCIL MINUTES:
Option A. Folio Bound VIEWS:
(1) Integration of electronic Minutes with Folio Bound VIEWS
set up fee, per year $150
(2) Conversion to text per 1000 characters $1.60
(3) Future quarterly updates, billed annually $400
(4) Minutes on the Internet, per year $300
Option B. LaserFiche for Minutes:
(1)
Conversion of minutes to LaserFiche, per page
$1 -$2
dependent on volume
(2)
Future Updates, per page
$2
(3)
Clean up of database, per hour
$25
(4)
Internet web link, per year
$300
(5)
Storage fee, per page
$0.07
Table of Contents
PROPOSAL
PART ONE - CODIFICATION OF ORDINANCES
Page No.
(1)
Ordinances Included ...... ............................... 1
(2)
Copies of Material ........ ............................... 1
(3)
Legal Research and Review . ............................... 1
(4)
Conference with Attorney .. ............................... 2
(5)
Conference Memorandum .. ............................... 2
(6)
Editorial Work ........... ............................... 2
(7)
Notice of Completion of Editorial Work ...................... 3
(8)
Typesetting and Proofs .... ............................... 3
(9)
Index ................... ............................... 3
(10)
Printing and Binding ...... ............................... 4
(11)
Code in Electronic Media .. ............................... 4
(12)
Information Retrieval Software ............................. 4
(13)
Support and Training ...... ............................... 5
(14)
Internet Connection ....... ............................... 5
(15)
Shipment; Adopting Ordinance . ............................ 5
(16)
Time Schedule ........... ............................... 5
PART TWO - SUPPLEMENT SERVICE
(1) Ordinances to be Furnished by Municipality ................... 6
(2) Schedule ................ ............................... 6
(3) Electronic Supplementation . ............................... 6
(4) Editorial Scrutiny ......... ............................... 6
(5) Editorial Notes ........... ............................... 6
(6) Index and Tables ......... ............................... 6
(7) Instruction Sheet ......... ............................... 6
(8) Checklist ............... ............................... 7
(9) Tables and Graphics ....... ............................... 7
(10) Reprints ................ ............................... 7
(11) Sample Ordinance Service .. ............................... 7
(12) Annual State Law Review; Report .......................... 7
(13) Analyzation of Code ...... ............................... 7
(14) Shipment ............... ............................... 7
(15) Termination ............. ............................... 7
QUOTATION SHEET ................. ............................... 8
SIGNATURE PAGE ................... ............................... 10
PROFESSIONAL SERVICES PROPOSAL
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, codify and
publish the ordinances for the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation
duly organized and existing under state law, hereinafter referred to as the Municipality, according to the
following terms and conditions:
1
PART ONE
CODIFICATION OF THE ORDINANCES
' (1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's
attorney, codify the ordinances of a general and permanent nature passed in final form by the
Municipality as of the date of this agreement. However, the Municipality may forward ordinances
' subsequently passed for inclusion in the new Code until notice is received that the editorial work has
been completed.
' (2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the
preparation of the Code, all ordinances of a general and permanent nature passed in final form, and either
' typed or printed copies of the Charter and all amendments thereto. The ordinances may be furnished in
hard copy, on diskettes or via e-mail.
' (3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the
Municipality's attorney. All recommendations are intended for use by the Municipality's attorney, and as
such are not to be considered legal advice to a layperson. Before the conference with the Municipality's
' attorney, MCC's attorney will:
a) State Law. Research every ordinance to be included in the Code against state law. This
' process will discover inconsistencies and conflicts with, and preemptions by, the state
law.
'
b) State law references. Append state law references at the end of appropriate sections.
c) Charter. Research every ordinance to be included in the Code against the
Municipality's Charter. Conflicts and inconsistencies with, and preemptions by, the
'
Charter will be brought to the attention of the Municipality's attorney. The Charter will
be analyzed against state law and appropriate explanatory notes prepared.
'
Amendments, if any, will be incorporated into the Charter.
d) Internal consistency. Research the ordinances against each other. Inconsistencies or
conflicts between existing laws and obsolete provisions will be discovered through this
'
research.
' (4) CONFERENCE WITH ATTORNEY. MCC's attorney, who performed the legal research,
will travel to the Municipality for a conference with the Municipality's 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 MCC's
attorney. The Municipality's attorney has ultimate decision making authority for
solutions and implementation.
d) Sample ordinances. 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 Municipality should request
recommendations on subjects of specific concern. This service can be continued
through the Supplement Service; please see Sample Ordinance Service under Part Two
of this proposal.
e) Organization. Organizational suggestions will be reviewed with the Municipality
providing comments and suggestions.
(5) 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.
(6) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper phraseology. Concise, modern 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
and sections 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) Catchlines. Each section will be preceded by a catchline, which shall reflect the
content of the section.
2
f) History notes. A history note will be prepared for each section of the new Code. The
note will indicate the source from which the section is derived.
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.
j) State law reference table. This table will list by state law citation all sections carrying
a reference.
(7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial
' work, MCC will notify the Municipality 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.
(8) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit
one set of proofs to the Municipality for review. The Municipality may make word changes on the
proofs without charge. However, the Municipality will be charged for changes or deletions constituting
more than one page of type. For the purpose of this proposal, a page is defined as the area on one side of
a sheet of paper. A sheet contains two (2) pages.
It shall be the duty of the Municipality 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 Municipality request to review the proofs beyond forty-five (45) days but fail to
return them within five (5) months, 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 Municipality. 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 the contract is in effect.
' (9) 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.
' (10) PRINTING AND BINDING. When the proofs are returned by the Municipality, MCC will
proceed with printing and binding the Code in accordance with the following:
' a) Copies. The number of copies desired by the Municipality will be printed on 50 lb.
white offset paper.
' b) Page format. The page size will be consistent with the format chosen by the
Municipality: 8' /z x 11 inches, single column (samples attached).
c) Type size. Various type sizes are available for text. MCC will publish the Code in ten -
point type, unless otherwise specified by the Municipality. Notice of change must be
given prior to the completion of the editorial work so that the impact upon cost can be
determined and discussed.
d) Tables and graphics. Tables, drawings, designs, Algebra formulae, graphics, or other
' materials which require engraved cuts or special methods of reproduction, will be
charged as set out on the Quotation Sheet.
e) Binding. MCC will bind copies of the completed Code in expandable post binders with
slide lock fasteners. Covers will be imitation leather and available colors are black,
burgundy, blue, or green, with gold lettering. Other binder choices are available (D -ring
and three - ring). Cost may vary. Any unbound copies of the Code will be punched and
wrapped separately for storage and eventual binding. Additional binders can be ordered
at any time at the then - current prices.
f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides)
for the bound Codes. The tabs will reflect the major divisions or chapters of the Code
volume.
g) Reprints of chapters. Additional copies of specific chapters or portions of the Code,
e.g., zoning regulations or police manuals containing selected sections, may be ordered
for binding in paper covers for separate distribution or sale. Prices will be furnished
upon request.
(11) CODE IN ELECTRONIC MEDIA. The electronic Code can be provided in WordPerfect
or WORD. Alternatively, the Code can also be provided in a generic text form like ASCII. The Code
can be furnished on CD -ROM or via the Internet or modem.
(12) INFORMATION RETRIEVAL SOFTWARE. Folio BoundVIEWS offers a powerful,
context - sensitive, on -line help system for immediate assistance to inquiries. Every word in an infobase is
indexed. Type in a word, a phrase or a query and watch the Query Map display the search results. With
a click of the mouse, users can jump to the points of information they need. Information retrieval
capabilities include standard boolean search operators, phrase searching, proximity searching and word
stemming to include word variations and synonyms in searches. Folio BoundVIEWS is available for
Windows 4.2 or higher.
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' (13) SUPPORT AND TRAINING. MCC offers a generous support and training policy.
Telephone support is available during working hours by calling our toll -free number, 1- 800 - 262 -CODE.
' Our personnel can usually resolve problems in one phone call. Phone support is free of charge. While
MCC does not physically install the software, our support personnel is available for consultation during
the installation. On -site training is also available; a quotation is available upon request.
(14) INTERNET CONNECTION. Should the Municipality desire to place the Code on the
' Internet, it may be included on MCC's home page (www.municode.com). This home page contains a
growing collection of Codes of Ordinances and is available to anyone with Internet access. A link to the
Municipality's home page can also be provided with this service. The fee includes updating the Code on
the Internet with all Supplements completed.
(15) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship
' the Code as directed by the Municipality. At this time, MCC's attorney will furnish the Municipality
with a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance should
be sent to MCC so that it can be included in the Code.
(16) TIME SCHEDULE. The following is a tentative time schedule in the preparation of the
' new Code:
a) Editorial conference in Municipality ................... 6 months
after receipt of material and contract.
b) Submission of proofs to Municipality .................. 3 months
after completion of editorial conference.
c) Delivery of completed Codes to Municipality ............ 3 months
after return of proofs.
The above time schedule provides for completion of the Code within twelve (12) months,
excluding time required for review of the proofs and any delays occasioned by the Municipality.
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PART TWO
SUPPLEMENT SERVICE
(1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall
forward to MCC copies of the ordinances upon final enactment by the Municipality. The ordinances may
' be furnished in hard copy, on diskettes or via e -mail (ords @mail.municode.com).
' (2) SCHEDULE. After shipment of the new Code MCC shall keep the Code up -to -date by the
publication of 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 Municipality. A minimum of thirty (30) working days shall be required for delivery
' of a printed Supplement.
t (3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive the
Code in electronic medi, as set out in Part One of this agreement, MCC can provide the Supplements
electronically on a schedule desired to meet the Municipality's needs, e.g., monthly or bimonthly. The
' Municipality may choose to have hard copy Supplements printed less frequently. The electronic media
will reflect the entire Code as updated through the most recent Supplement.
' (4) 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 shall 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 Municipality will be
' notified so that remedial action may be taken.
(5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the
new sections as deemed necessary by the editor.
' (6) 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.
' (7) 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.
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(8) 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.
(9) TABLES AND GRAPHICS. Should the Supplement contain tables, drawings, graphics and
the like for which special typesetting or other methods of reproduction are required, the costs will be as
set out on the Quotation Sheet.
(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. Sample provisions of specific subjects will be
furnished upon request. A sample 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 Municipal 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 Municipality 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 Municipal attorney as to any Code changes deemed
necessary or desirable as a result of such analyzation. MCC's attorney will work with the Municipal
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 Municipality.
(14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the holders
' of the Codes. The Municipality shall have the exclusive right to sell the Codes and Supplements.,
however, MCC can provide storage, distribution, and billing services.
(1) City orders a minimum of hard copies and MCC will have total responsibility for
printing copies for sale to the public.
(2) There would be no cost incurred or liability to the City for the expenses involved in
furnishing copies of the Code to the public.
(3) The City would receive ten percent (10 %) commission for each Code sold by MCC.
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' (4) TERMINATION. The Supplement Service provided under this Part Two shall be in full
force and effect for a period of three (3) years from the date of shipment of the completed Code to the
' Municipality. Thereafter, the 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.
IMinuets Indexing information will be sent separately.
QUOTATION SHEET
PART ONE - CODIFICATION:
(1) BASE COST, includes
a)
Legal Review
b)
Sample Ordinance Service
C)
Conference with MCC Attorney
d)
Conference Memorandum
e)
Editorial Work
f)
Typesetting and Proofs
g)
Indexing
h)
Printing and Binding
i. Number of copies
ii. Number of binders
iii. Number of sets of special order tabs
iv. Estimated pages
8' /z x 11 inches, single column
(2) BASE COST DOES NOT INCLUDE:
a)
Pages in excess of those listed above will
be billed as follows:
8' /z x 11 inches, single column
b)
Tables and graphics, additional per page
C)
Freight charges (invoiced upon shipment)
d)
State sales tax, if applicable
(3) ADDITIONAL
SERVICES AVAILABLE:
$16,500
25
25
25
837
$22
$10
Prepaid
a) Reprints of chapters Quotation upon request
b) Code on computer:
i. Data integrated with Folio Bound VIEWS
one license on CD -ROM (includes handling) $725
ii. Each additional license $125
iii. Site license for unlimited users $1,500
C) Code on the Internet, per year $300
(includes up to four updates)
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iv PAYMENT FOR CODIFICATION. (May be scheduled through two
budget years.)
a) Upon signing of the contract
$3,300
b) Upon completion of conference
$2,600
C) Upon receipt of proofs
$2,600
d) Balance upon delivery of Code.
PART TWO - SUPPLEMENT SERVICE
(1) NUMBER OF PRINTED COPIES
25
(2) SUPPLEMENT SERVICE, Cost per page
a) 8'/2 x 11 inches, single column
$19
b) Tables and graphics, additional per page
$10
C) One set of updated electronic media, per Supplement
$75
(cost in addition to regular Supplement per page charge)
d) Additional sets of updated electronic media, per set
$75
(3) ELECTRONIC SUPPLEMENTATION Quotation upon request
' (4) SAMPLE ORDINANCE SERVICE - during the first year
following shipment of the Code No charge
' (5) PAYMENT FOR SUPPLEMENT SERVICE
' a) Payment for the Supplement Service will be due upon
receipt of an invoice. Supplements will be invoiced
when shipped.
I' b) Freight charges for the supplements will be prepaid and
invoiced at time of final billing.
PART THREE - MINUTE INDEXING Quotation upon request
[M
This proposal shall be valid for a period of ninety (90) days from the date appearing below.
July 10, 2001
Submitted by:
MUNICIPAL CODE CORPORATION
czzt tf--
itness`
Witness
Date
Accepted by:
SUNNY ISLES BEACH, FLORIDA
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Title
QUALIFICATIONS
BACKGROUND
For the last 50 years Municipal Code Corporation has engaged exclusively in editing and
publishing Codes for municipalities 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
(2) Incorporation Date:
(3) Current Code accounts serviced:
(4) Project contact persons:
(5) Specific Florida references:
Aventura
Tereasa M. Soroka, CMC
City Clerk
305- 466 -8901
Miami Shores Village
Barbara Fugazzi, CMC
Village Clerk
305- 795 -2207
Tallahassee, FL 32304
1- 800 - 262 -2633 or 850 -576 -3171
March 1951
2,600
Dale Barstow, Vice President of Sales
Jan N. Shekitka, Vice President of Codes
Bal Harbour Village Pembroke Park
Jeanette Harden, CMC /AAE /CLO Natasha Joseph
Village Clerk Deputy Clerk
305- 866 -4633 954- 966 -4600
Hialeah
Daniel DeLoach
City Clerk
305- 883 -5822
KEY PERSONNEL ASSIGNED TO PROJECT
(1) Legal:
Jan N. Shekitka, Vice President - Codes
B.A., Wofford College; J.D., University of Miami (Florida).
17 years' experience in editing city & county Codes; Attorney for over 200 Code projects. Will
have overall supervision of the project. Mr. Shekitka will assign the MCC staff attorney, who
will perform all legal review, research and recommended language for the new Code. The same
attorney will attend the manuscript conference.
(2) Editorial:
Linda Davis, Senior Code Editor
B.S., Florida State University.
22 years' experience in editing Codes and Supplements. Editor of over 35 Codes. Senior Code
editor for 14 years. Will be assigned to arrange Code and supervise the editing, which includes
(3)
(4)
proper phraseology, preparation of tables, catchlines, history notes, cross references and other
editorial notes.
Production:
John Dombroski, Vice President - Supplements
B.A., Trinity College; J.D., Cornell Law School; Member of Connecticut Bar.
Supervisor of electronic teams. MCC has deployed a team concept. This type of organization
structure allows for complete communication, reduces the turn - around time for publication, and
assures greater accuracy. Since each team is comprised of two editors, two typesetters and two
proofreaders, it allows for what we call "bench depth" - there is always a backup person.
Frank Slaughter
41 years of experience in commercial printing.
Norman Williams
30 years of experience in commercial printing and binding.
Will provide oversight of printing, binding and shipping the Code and Supplements.
Indexing:
Dan Pyle, Indexing Supervisor
A.A., Tallahassee Community College; Member of American Society of Indexers.
23 years' experience in indexing Codes. Will provide oversight and technical assistance for
initial editorial preparation of the Index and updating the Index through the Supplement Service.
(5) Electronic Media:
Linda Day, Vice President of IS
B.S., Computer Science, Florida State University.
20 years' experience in printed and electronic publishing.
Ryan Brooks, Web Developer
B.S., Management Information Services, Florida State University.
4 years' experience in personal computers (programming)
Jerry W. Harrell, Production Manager Minutes and Imaging
B.S., Organizational Management, Covenant College.
20 years U. S. Army, Personnel Senior Sergeant; 11 years' experience in electronic archival and
storage; 4 years' experience in imaging and electronic publishing.
Stephen J. Danna, Network Systems Administrator
A.S., Computer Science, Keiser College.
6 years' experience in personal computers (software and hardware); 3 years' experience in
creating and maintaining networking systems.
Jason Arnold. Network Systems Administrator
B.S., Information Studies, concentration in Network Management, Florida State University.
5 years' experience in personal computers (software and hardware); 2 years' experience in
maintaining network systems.
Michael J. Reed, Network Systems Administrator
Electronics Technician A- School, Fiber Optics Repair School, U.S. Navy.
6 years U.S. Navy, Electronics Technician 2nd Class; 6 years' experience advanced electronics
repair; 4 years' experience maintaining LAN and WAN Networking and Fiber Optic Systems.
LAW EDITORIAL STAFF
George R. Langford, LL.B., University of Virginia; 50 years' experience in editing and publishing city
and county Codes; Chairman of the Board.
A. Lawton Langford, B.A., Vanderbilt University; M.B.A., J.D., Florida State University; Member of
Florida Bar; President.
Harold E. Grant, B.S., U. S. Naval Academy; J.D., Florida State University; former Judge Advocate
General, U.S. Navy; Member of Florida Bar; Executive Vice President and Chief Operating
Officer.
Jan N. Shekitka, B.A., Wofford College; J.D., University of Miami (Florida); 17 years' experience in
editing city and county Codes; Vice President of Code Department.
William James Carroll Jr., B.S., Penn State University; J.D., Florida State University; 27 years'
experience in editing city and county Codes; Member of Florida Bar.
' John E. Dombroski, B.A., Trinity College; J.D., Cornell Law School; former Chief Judge of
Navy /Marine Corps Court of Criminal Appeals; Member of Connecticut Bar; Vice President of
Supplement Department.
Ronald K. McLaughlin, B.A., LL.B., J.D., University of Mississippi; 36 years' experience in editing city
and county Codes; retired member of Mississippi Bar.
' Milt Lefkoff, A.B., Stanford University; J.D., University of Georgia; 31 years' experience in editing city
and county Codes; Member of Georgia Bar.
' James S. Vaught, B.A., J.D., Florida State University; 30 years' experience in editing city and county
Codes; Member of Florida Bar.
' Roger D. Merriam, B.A., Mercer University; J.D., Emory University; 27 years' experience in editing city
and county Codes; Member of Florida Bar.
' Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; 29 years' experience in
editing city and county Codes; Member of Florida Bar.
' H. Palmer Carr, B.A., J.D., Mercer University; 10 years' legal experience in private practice and public
service; 13 years' experience in editing city and county Codes; Member of Georgia Bar.
' 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; 9
' years' experience in editing city and county Codes; Member of Florida Bar.
Susan K. Glant, B.S., Texas A & M University; M.S., Notre Dame; J.D., University of Florida; 8 years'
' general, civil and criminal prosecution practice; 2 years' experience in editing city and county
Codes; Member of Florida Bar.
' Daniel F. Walker, B.S., Florida Southern College; J.D., Georgia State University; 8 years' in private
practice; one year of experience in editing city and county Codes; Member of Florida and South
Carolina Bars.
SUPPORT PERSONNEL
The entire staff, including the printing operation, consists of approximately 160 employees,
including 15 attorneys, 27 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.
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.
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ENVIRONMENT § 38 -31
(3) Loudspeakers, amplifiers for advertising. The use, operation or permission to be
played, used or operated any radio, receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing or
reproducing of sound which is cast upon the public street for the purpose of commercial
advertising or attracting the attention of the public to any building or structure.
(4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public
streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or
place, so as to annoy or disturb the quiet, comfort or repose of any person in any office,
dwelling, hotel or other type of residence or of any person in the vicinity.
(5) Animals, birds. The keeping of any animal or bird which by causing frequent or
continued noise shall disturb the comfort or repose of any person in the vicinity.
(6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle
attached to any stationary boiler, except to give notice of the time to begin or stop work
or as a warning of fire or danger upon request of proper city authorities.
(7) Engine exhaust. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motorboat or motor vehicle except through a
muffler or other device which will effectively prevent loud or explosive noises
therefrom.
(8) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of
repair, so loaded or in such a manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
(9) Loading, unloading; opening boxes. The creation of a loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of
bales, boxes, crates and containers.
(10) Construction or repairing of buildings. The erection including excavation, demolition,
alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00
p.m. on weekdays, except in urgent necessity in the interest of public health and safety,
and then only with a permit from the building inspector, which permit may be granted
for a period not to exceed three days or less while the emergency continues and which
permit may be renewed for periods of three days or less while the emergency continues.
If the building inspector determines that the public health and safety will not be
impaired by the erection, demolition, alteration or repair of any building or the
excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m. and
if he shall further determine that loss or inconvenience would result to any party in
interest, he may grant permission for such work to be done between the hours of 6:00
p.m. and 7:00 a.m., upon application being made at the time the permit for the work
is awarded or during the progress of the work.
(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while such is in use or
adjacent to any hospital, which unreasonably interferes with the workings of such
CD38:5
CODE INDEX
BUSINESSES — Cont'd.
Section
Transferability; misuse . ...............................
22 -46
When fees paid ........ ...............................
22 -40
Where certification required ...........................
22 -33
Commercial, industrial and school sewer connection charges
74 -191
Description of downtown district .........................
30 -26, 30 -28,
Applicability of state consumer sales practices laws .....
30 -59
Downtown development authority ........................
30 -56 et seq.
Economic development authority .........................
30 -86 et seq.
See: COMMUNITY DEVELOPMENT
50 -29
Heating facilities
Property maintenance code amendments ................
18 -212
Licenses. See herein: Business Licenses
50 -24
Massage establishments .. ...............................
22 -121 et seq.
MCS providers ........... ...............................
50 -1 et seq.
See: CABLE TELEVISION
50 -2
Multichannel service providers ...........................
50 -1 et seq.
Peddlers and canvassers .. ...............................
22 -166 et seq.
Possessing, concealing stolen property ....................
54 -104
Precious metals and gem dealers .........................
22 -226 et seq.
Property maintenance code adopted ......................
18 -211 et seq.
See: BUILDING CODES
Public dances and dance schools .........................
22 -201 et seq.
Roller skating, skateboarding on sidewalks ...............
70 -214
Schedule of fees established ..............................
22 -66, 22 -67
Shoplifting
54 -105
Solid waste .............. ...............................
58 -1 et seq.
See: SOLID WASTE
Taxicabs ................ ...............................
22 -256 et seq.
C
CABLE TELEVISION
Business licensing, etc .... ...............................
22 -1 et seq.
Multichannel service providers (MCS providers)
Administration ........ ...............................
50 -5
Alternative user charge ...............................
50 -62
Annual compliance statement required .................
50 -25
Applicability .......... ...............................
50 -6
Applicability of state consumer sales practices laws .....
50 -26
Arbitration ............ ...............................
50 -14
Billing credit or refunds ...............................
50 -30
Billing practices ....... ...............................
50 -29
Blind, hearing - impaired, or ambulatory- impaired customers
Special service requirements .........................
50 -35
Books and records ...... ...............................
50 -24
Conflicts between provisions and an existing franchise
agreement......... ...............................
50 -13
Construction ........... ...............................
50 -2
CDi:13
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Municipal
Code
Corporation
*Municipalities utilizing
our Supplement Service for Codes originally prepared by another publisher
ALABAMA
Pleasant Grove
Agoura Hills
New Britain
Clewiston
Indian Rocks Beach
Oakland
Suwannee Co.
'
Abbeville
Prattville
Azusa
New Fairfield
Cocoa
Indian Shores
Oakland Park
Sweetwater
Alabaster
Roanoke
Bakersfield
New Haven
Cocoa Beach
Inglis
Ocala
Tallahassee
Albertville
Robertsdale
Belmont
New London
Coconut Creek
Inverness
Ocean Ridge
Tamarac
Alexander City
Russellville
*Butte Co.
Newington
Collier Co.
Islamorada
Okaloosa Co.
Tampa
Andalusia
Anniston
Saraland
Satsuma
Cabazon Band of
Mission Indians
Norwich
Plymouth
Coral Gables
Coral Springs
Jackson Co.
Jacksonville
Okeechobee
Okeechobee Co.
Tarpon Springs
Tavares
'
Arab
Selma
Citrus Heights
Portland
Crescent City
Jacksonville Beach
Oldsmar
Taylor Co.
Athens
Sheffield
Coachella
Ridgefield
Crestview
Jasper
Opa -locka
Tequesta
Atmore
Silverhill
Concord
Roxbury
Cross City
Jay
Orange City
Titusville
Auburn
Sylacauga
Costa Mesa
Seymour
Crystal River
Jefferson Co.
Orange Co.
Treasure Island
Baldwin Co.
Talladega
Cypress
Shelton
Dade City
Juno Beach
Orange Park
Umatilla
'
Bay Minette
Tallassee
Diamond Bar
So. Windsor
Dade Co.
Jupiter
Orchid
Valparaiso
Bessemer
Tarrant
El Centro
Southbury
Dania
Jupiter Inlet Colony
Orlando
Venice
Birmingham
Thomasville
Fontana
Southington
Davenport
Jupiter Island
Ormond Beach
Vero Beach
Blountsville
Troy
Fremont
Stamford
Davie
Kenneth City
Osceola Co.
Virginia Gardens
Boaz
Trussville
*Fresno
Suffield
Daytona Beach
Key Biscayne
Oviedo
Volusia Co.
'
Brent
Tuscaloosa
*Gilroy
Tnunbull
Daytona Beach
Key Colony Beach
Pahokee
Wakulla Co.
Brewton
Tuscumbia
Gustine
Vernon
Shores
Key West
Palatka
Walton Co.
Brundidge
Tuskegee
Hemet
*Waterbury
DeBary
LaBelle
Palm Beach
Washington Co.
Calera
Union Springs
Irvine
Watertown
DeFuniak Springs
Lady Lake
Palm Beach Co.
Wauchula
Childersburg
Valley
Laguna Niguel
Westbrook
Deerfield Beach
Lake Alfred
Palm Beach Gardens
Wellington
'
Citronelle
Vestavia Hills
*Lomita
Weston
Deltona
Lake Butler
Palm Beach Shores
West Melbourne
Clanton
Wetumpka
Los Gatos
Windham
Destin
Lake City
Palm Springs
West Miami
Clayton
York
Mission Viejo
Windsor
Dundee
Lake Clarke Shores
Palm Shores
West Palm Beach
Creola
Oceanside
Woodbury
Dunedin
Lake Co.
Palmetto
Wildwood
Cullman
ALASKA
Orange Co.
Eagle Lake
Lake Hamilton
Panama City
Williston
Daleville
Anchorage
*Ridgecrest
DELAWARE
Eatonville
Lake Park
Parkland
Wilton Manors
'
Daphne
Fairbanks
San Buenaventura
Dover
Edgewater
Lake Placid
Parker
Windermere
Decatur
Juneau
*San Fernando
New Castle Co.
Edgewood
Lake Wales
Pasco Co.
Winter Garden
Demopolis
Kenai Peninsula
Sanger
*Newark
El Portal
Lake Worth
Pembroke Park
Winter Haven
Dothan
Borough
Santa Ana
Smyrna
Escambia Co.
Lakeland
Pensacola
Winter Park
Elba
Kctchikan Gateway
Santa Clara Co.
Wilmington
Eustis
Lantana
Perry
Winter Springs
'
Enterprise
Borough
Tustin
Fellsmere
Largo
Pierson
Eufaula
*Seward
*Villa Park
FLORIDA
Fernandina Beach
Lauderdale -By -The-
Pinecrest
GEORGIA
Evergreen
West Covina
Alachua
Flagler Beach
Sea
Pinellas Co.
Acworth
Fairhope
ARIZONA
*Yorba Linda
Alachua Co.
Hagler Co.
Lauderdale Lakes
Plant City
Adel
*Fayette
*Chandler
Altamonte Springs
Florida City
Lauderhill
Plantation
Albany
t
Flomaton
Florence
COLORADO
Anna Maria
Fort Lauderdale
Lee Co.
Polk City
Alma
Florence
Gilbert
Alamosa
Apalachicola
Fort Meade
Leesburg
Polk Co.
Alpharetta
Flomaton
Kingman
Arvada
Apopka
Fort Myers
Leon Co.
Pomona Park
Americus
Foley
Nogales
Aurora
Arcadia
Fort Pierce
Levy Co.
Ponce Inlet
Aragon
Fort Payne
Phoenix
Hayfield
Atlantic Beach
Fort Walton Beach
Lighthouse Point
Port Orange
Ashburn
'
Gadsden
Salt River
Commerce City
Atlantis
Franklin Co.
Live Oak
Port Richey
Athens -Clarke Co.
Gardendale
Pima- Maricopa
Denver
Auburndale
Freeport
Longwood
Port St. Joe
Atlanta
Georgiana
Indian Comm.
Durango
Aventura
Frostproof
Lynn Haven
Port St. Lucie
*Augusta
Graysville
Scottsdale
Edgewater
Avon Park
*Fruitland Park
Macclenny
Putnam Co.
Austell
Greenville
Gulf Shores
South Tucson
Tucson
Englewood
Grand Junction
Bal Harbour Village
Baldwin
Gadsden Co.
Gainesville
Madeira Beach
Madison
Quincy
Redington Beach
Avondale Estates
Bainbridge
'
Guntersville
La Plata Co.
Bartow
Gilchrest Co.
Madison Co.
Riviera Beach
Barnesville
Hartselle
ARKANSAS
Lafayette
Bay Co.
Glades Co.
Maitland
Rockledge
Barrow Co.
Headland
Benton Co.
Larimer Co.
Bay Harbor Islands
Glen Ridge
Malabar
Royal Palm Beach
Baxley
Helena
Camden
Louisville
Belle Glade
Golden Beach
Manatee Co.
Safety Harbor
Ben Hill Co.
Homewood
Crossett
Mesa Co.
Belle Isle
Graceville
Mangonia Park
St. Augustine
Bibb Co.
'
Hoover
El Dorado
Monte Vista
Belleair
Green Cove Springs
Marco Island
St. Augustine Beach
Blackshear
Hueytown
Eureka Springs
Mount Crested Butte
Belleair Beach
Greenacres
Margate
St. Cloud
Blakely
Huntsville
*Fayetteville
Sheridan
Belleair Shore
Greensboro
Marianna
St. Johns Co.
Bloomingdale
Irondale
Forrest City
Steamboat Springs
Belleview
Gretna
Marion Co.
St. Leo
Boston
Jackson
Fort Smith
Sterling
Biscayne Park
Groveland
Martin Co.
St. Lucie Co.
Bowdon
'
Jasper
Garland Co.
Thornton
Boca Raton
Gulf Breeze
Mary Esther
St. Pete Beach
Bremen
Lafayette
Gentry
Wheat Ridge
Bradenton
Gulf Stream
Mascotte
St. Petersburg
Brunswick
Lanett
Helena
Bradenton Beach
Gulfport
Medley
San Antonio
Buford
Leeds
Hope
CONNECTICUT
Bradford Co.
Haines City
Melbourne
Sanford
Bulloch Co.
Linden
Little Rock
*Ansonia
Branford
Hallandale Beach
Miami
Sanibel
Burke Co.
'
Loxley
Lowell
Berlin
Brevard Co.
Havana
Miami Beach
Santa Rosa Co.
Butts Co.
Madison
McGehee
Bloomfield
Briny Breezes
Haverhill
Miami Shores Village
Sarasota
Byron
Marion
Magnolia
Bristol
Bronson
Hendry Co.
Milton
Sarasota Co.
Cairo
Midfield
Maumelle
Coventry
Brooksville
Hernando Co.
Minneola
Satellite Beach
Calhoun
Mobile
Mena
Danbury
Broward Co.
Hialeah
Miramar
Sea Ranch Lakes
Calhoun Co.
'
Monroeville
Monticello
Darien
Bunnell
Hialeah Gardens
Monroe Co.
Sebastian
Camden Co.
Montgomery
North Little Rock
Durham
Bushnell
High Springs
Monticello
Sebring
Camilla
*Mountain Brook
Ouachita Co.
East Haven
Callaway
Highland Beach
Mount Dora
Seminole
Candler Co.
Muscle Shoals
Paragould
*Enfield
Cape Canaveral
Highlands Co.
Mulberry
Seminole County
Canton
'
New Brockton
Northport
Pine Bluff
Rogers
Glastonbury
Greenwich
Cape Coral
Casselberry
Hilccrest Heights
Hilliard
Naples
Nassau Co.
Sewall's Point
Shalimar
Carroll Co.
Carrollton
Ohatchee
Russellville
Groton
Center Hill
Hillsborough Co.
Neptune Beach
South Bay
Cartersville
Oneonta
Saline Co.
Hartford
Charlotte Co.
Holly Hill
New Port Richey
South Daytona
Catoosa Co.
Opelika
Siloam Springs
Killingly
Chattahoochee
Holmes Beach
New Smyrna Beach
South Miami
Cedartown
Opp
Springdale
Litchfield
Chiefland
Homestead
Niceville
South Palm Beach
Centerville
Orange Beach
Texarkana
Madison
Chipley
Howie -In- The -Hills
*North Bay Village
Springfield
Chamblee
'
Oxford
Trumann
Manchester
Cinco Bayou
Hypoluxo
North Lauderdale
Starke
Charlton Co.
Ozark
Washington Co.
*Meriden
Citrus Co.
Indian Creek Village
North Miami
Stuart
Chatsworth
Pelham
Middlefield
Clay Co.
Indian Harbor Beach
North Palm Beach
Sumter Co.
Cherokee Co.
Pell City
CALIFORNIA
Montville
Clearwater
Indian River Co.
North Redington
Sunrise
Clarksville
■
Piedmont
Naugatuck
Clermont
*Indian River Shores
Beach
Surfside
Clarkston
Dalton Twp.
Lake Odessa
Reading
Windsor Chin Twp.
Pearl
MONTANA
Aurora
Mecklenburg Co.
Dearborn
Lansing
Redford Chtr. Twp.
Wolverine Lake
Picayune
Billings
Bald Head Island
Mint Hill
Dearborn Heights
Lansing Chtr. Twp.
Richland
Woodhaven
Ridgeland
Glasgow
Beaufort
Mocksville
Deckerville
Lathrup Village
Richland Twp.
Wright Twp.
Senatobia
Miles City
Bethel
Moore Co.
Delhi Chtr. Twp.
Lawrence
Richmond
Wyandotte
Southaven
Roundup
Boiling Spring Lakes
Mooresville
Delta Chtr. Twp.
Leoni Twp.
Richmond Twp.
Wyoming
Starkville
Brevard
Morehead City
Denmark Twp.
Leslie
(Macomb Co.)
Yankee Springs Twp.
Summit
NEBRASKA
Brunswick Co.
Mount Airy
Denver Twp.
Lexington
Richmond Twp.
Ypsilanti
Tunica
Beatrice
Buncombe Co.
Nags Head
Detroit
Lincoln Twp.
(Osceola Co.)
Ypsilanti Chtr. Twp.
Tupelo
Bellevue
Burgaw
Nash Co.
DeWitt
Lockport Twp.
Riverview
*Zeeland
Vicksburg
Dakota City
Burke Co.
Nashville
DeWitt Chtr. Twp.
Long Lake Twp.
Rives Twp.
Yazoo City
Minden
Burlington
New Bern
Dexter
Lowell
Rochester
MINNESOTA
Nebraska City
Caban us Co.
New Hanover Co.
Dorr Twp.
Ludington
Rochester Hills
Ada
MISSOURI
Norfolk
Cape Carteret
Newport
Douglas
Lyon Chtr. Twp.
Rogers City
Albert Lea
Arnold
North Platte
Carolina Beach
Newton
Dowagiac
Lyons
Romeo
Anoka
Ava
Omaha
Cary
North Topsail Beach
Dundee
Mackinac Island
Romulus
Bayport
Ballwin
South Sioux City
Chapel Hill
Oak Island
Durand
Mackinaw City
Roosevelt Park
Blaine
Bellefontaine
Wayne
Charlotte
Ocean Isle Beach
Eagle
Macomb Chtr. Twp.
Rose Twp.
Blue Earth Co.
Neighbors
York
Cherryville
Onslow Co.
East Jordan
Madison Heights
Rothbury
Chanhassen
Belton
China Grove
Orange Co.
East Tawas
Mancelona
Royal Oak Twp.
Crosby
Black Jack
NEVADA
Clarkton
Oxford
Eaton Rapids
Manistique
Rutland Twp.
Dilworth
Boonville
Reno
Cleveland Co.
Pender Co.
Ecorse
Manton
Saginaw Chtr. Twp.
Eagan
Brentwood
Clinton
Pineville
Egelston Twp.
Maple Grove Twp.
St. Charles
Elk River
Butler
NEW
Concord
Pitt Co.
Elk Rapids
Marcellus
St. Clair
Excelsior
Cameron
HAMPSHIRE
Conover
Polk Co.
Elkton
Marine City
St. Clair Shores
Fairmont
Cape Girardeau
Berlin
Craven Co.
Princeville
Elsie
Marquette
St. Ignace
Faribault
Carthage
Claremont
Cumberland Co.
Raeford
Escanaba
Marshall
*St. Johns
Grand Marais
Chesterfield
Concord
Curimck Co.
Raleigh
Farmington
Marysville
St. Joseph
Grand Rapids
Claycomo
Keene
Davidson
Randleman
Farmington Hills
Mason
St. Joseph Chtr. Twp.
International Falls
Clayton
Nashua
Drexel
Reidsville
Fennville
Mayville
St. Louis
Le Center
Clinton
Portsmouth
Dunn
Richmond Co.
Fenton
McBain
Saline
Lang Lake
Columbia
Durham
Rockingham
Ferndale
Mecosta
Saranac
Maple Grove
Cool Valley
NEW JERSEY
Durham Co.
Rockwell
Flat Rock
Melvindale
Saugatuck
g
Maplewood
Crestwood
Eastern Band of
Rocky Mount
Flushing
Meridian Chtr. Twp.
Saugatuck Twp.
Marshall
Creve Coeur
Hamilton Twp.
Cherokee Indians
Rowan Co.
Flushing Twp.
Merrill
Sault Ste. Marie
Minneapolis
Crystal City
Randolph Twp.
Eden
Roxboro
Fowlerville
Michigan Banker's
Schoolcraft
Minnetrista
Dellwood
South Brunswick
*Edenton
Rural Hall
Fraser
Assoc.
Seville Twp.
Northfield
Des Peres
Twp.
Elizabeth City
Rutherford Co.
Fremont
Middleville
Shelby Chtr. Twp.
Orono
Doniphan
Willingboro Twp.
Emerald Isle
St. Pauls
Fruitport
Midland
South Haven
St. Louis Park
El Dorado Springs
Enfield
Salisbury
Fruitport Chtr. Twp.
Milan
South Haven T w'P•
St. Paul
Excelsior Springs
NEW MEXICO
Fayetteville
Sanford
Galesburg
Milford
South Lyon
St. Paul Park
Farmington
* Alamogordo
Forest City
Selma
Genesee Twp,
Milford Chtr. Twp.
South Rockwood
Spring Park
Ferguson
Aztec
Forsyth Co.
Shelby
Georgetown Chtr.
Millington
Southfield
Stillwater
Festus
Bemalillo Co.
Foxfire Village
Siler City
Twp.
Monroe Chtr. Twp.
Sparta
Victoria
Fulton
Bloomfield
Garner
Smithfield
Gibraltar
*Montague
Sparta Twp.
Watertown
Gladstone
Carlsbad
Gaston Co.
Southern Shores
*Gladstone
Montrose
Spaulding Twp.
Willmar
*Grandview
Corales
Gastonia
Southport
Grandville
Morenci
Spring Lake
Woodbury ry
Hannibal
Espanola
Graham
Spencer
Grand Blanc Chtr.
Mt. Clemens
Springfield
Wyoming
Harri sonville
Farmington
Granite Quarry
Statesville
Twp.
Mt. Morris
Stevensville
Hillsboro
Las Cruces
Granville Co.
Surf City
Grand Haven
Mt. Morris Chtr.
Stockbridge
8
MISSISSIPPI
Houston
Las Vegas
Greensboro
Sylva
Grand Rapids
Twp.
*Sturgis
Batesville
Jackson
Los Alamos Co.
*Greenville
Tarboro
Greenville
Muskegon
Sumter Twp.
Bay St. Louis
Jennings
Portales
Guilford Co.
Thomasville
Grosse Pointe
Muskegon Chtr Twp.
Superior Chtr. T rP•
Biloxi
Joplin
Raton
Halifax Co.
Topsail Beach
Grosse Pointe Shores
Muskegon H ts.
Swartz Creek
Booneville
Kansas City
Roswell
Hamlet
Transylvania Co.
Grosse Pointe Woods
Newago
Sylvan Lake
Brandon
Kennett
Ruidoso
Havelock
Wake Co.
Groveland Twp.
New Baltimore
Taylor
Canton
Kirksville
Silver City
Henderson
Wake Forest
Gun Plain Twp.
Niles
Taymouth Twp.
Centreville
Ladue
Truth or
Hendersonville
Walkertown
Hagar Twp.
No. Muskegon
Tecumseh
Clarksdale
*Lake Waukomis
Consequences
Hickory
Washington
Handy Twp.
Northville
Tekonsha Twp.
Cleveland
Lamar
*High Point
Waynesville
Harbor Beach
Norton Shores
Texas Chtr. Twp.
Columbus
*Liberty
NEW YORK
Highlands
Weaverville
Harper Woods
Nottawa Twp.
Tittabawassee Twp.
Corinth
Macon
Bellport
Holly Springs
White Lake
Harrison
Novi
Trenton
D'Iberville
Madison
Binghamton
Hope Mills
Wilmington
Harrison Chtr. Twp.
Oak Park
Tyrone Twp.
De Soto Co.
Manchester
Dolgeville
Huntersville
Wilson
Hastings
Olivet
(Kent Co.)
Drew
Maplewood
Elmira
Iredell Co.
Winston -Salem
Hesperia
Ontonagon
Union City
Gautier
Marshall
Fort Plain
Jacksonville
Yadkin Co.
Highland Chtr. Twp.
Orchard Lake Village
Union Chtr. Twp.
Greenville
Maryland Heights
Goshen
Johnston Co.
Yanceyville
*Holland
Oscoda Chtr. Twp.
Unionville
Greenwood
Mexico
Johnstown
Kannapolis
Holland Chtr. Twp.
Oshtemo Chtr. Twp.
Utica
Grenada
Monroe City
Kenmore
Kernersville
NO. DAKOTA
Hopkins
Otsego
Van Buren Chtr.
Gulfport
Montgomery City
Lewiston
King
Grafton
Houghton
Ovid
Twp.
Hattiesburg
Mountain Grove
Long Beach
Kings Mountain
Grand Forks
Hudson
Owosso
Vassar
Indianola
New Florence
Niagara Falls
Kinston
*Jamestown
Hudsonville
Oxford
Vergennes Twp.
Jackson
Olivette
North Tonawanda
Kitty Hawk
Minot
Huntington Woods
Oxford Chtr. Twp.
Vernon
Kosciusko
Pleasant Hill
Olean
Knightdale
Independence Chtr.
Parchment
Vevay Twp.
Leland
Poplar Bluff
Oneida
Kure Beach
OKLAHOMA
Twp.
Pavilion Twp.
Vicksburg
Meridian
Raytown
Rome
La Grange
Ada
Ingersoll Twp.
Pennfield Chtr. Twp.
Vienna Chtr. Twp.
Monticello
Rich Hill
Saugerties
Lake Waccamaw
Alms
Ira Twp.
Petoskey
Walker
Moss Point
Richmond
Syracuse
Lee Co.
Ardmore
Iron Mountain
Pigeon
Walkerville
Mound Bayou
Ridgeld
Tonawanda
Leland
Blackwell
Iron River
Pittsfield Chtr. T
Twp.
Walled Lake
Natchez
St. Clair
Utica
Lenoir
Broken Arrow
Ironwood
Plainfield Chtr. T w'P�
Warren
New Albany
St. Louis Co.
Vestal
Lexington
Clinton
Ithaca
Plainwell
Washington Twp.
Newago
Ste. Genevieve
W h
Westchester Co.
Lincolmon
Cushing
Jackson
Pleasant Ride
6
Waterford Chi. T w'P•
Newton
Sedalia
White Plains
Louisburg
Del City
James Twp.
Plymouth
Watervliet
Ocean Springs
Springfield
Lumberton
*Edmond
Jonesville
Pontiac
Wayland
Okolona
Sugar Creek
NO. CAROLINA
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El Reno
Kalamazoo
Port Huron
Wayne Co.
Olive Branch
Sunset Hills
Ahoskie
Maiden
Healdton
Kalamazoo Chtr.Twp.
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West Bloomfield
Oxford
Warrensburg
Angier
Manteo
Lindsay
Keego Harbor
Porter Twp.
Chtr. Twp.
Pascagoula
Wellston
Apex
Marion
Marietta
Kentwood
Portland
Westland
Pass Christian
West Plains
Asheville
Maxton
McAlester
Laingsburg
Ravenna
White Pigeon
Atlantic Beach
Mebane
� b
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our Database of Codes of Ordinances. We integrate the Codes with a form of Folio, to allow the users to perform searches
and queries.
'LIST SERVICE FOR CLERKS, MANAGERS, ATTORNEYS and MIS PERSONNEL.
Municipal Code Corporation is currently operating Lists exclusively for municipal use. If you are a Municipal Attorney,
Manager, Clerk or MIS person and have an e-mail address a List exists for you; we are confident the List will become one of
'your most valuable resources. How do I subscribe to the Municipal List Services? Subscribing to a Municipal List is easy.
To subscribe, see our web page www.municode.com.
'ELECTRONIC SERVICE FOR MINUTES. MCC can also provide the above electronic services for your
Minutes. We can integrate them with Folio BoundVIEWS. If you purchase the software for your Code, the licensing will
apply to your minutes and you would only have to pay a minimal set up fee, depending upon the amount of minutes you have
'electronically. We can also place your minutes on the Internet. Other Minutes services available are: Hard Copy Index and
Indexing / Imaging of Minutes.
'Please call or e -mail us for a demonstration of the services listed above or if you need additional information.
MUNICIPAL CODE CORPORATION - 1- 800 - 262 -2633 or e-mail: info @mail.municode.com 3 -01
PROFESSIONAL SERVICES PROPOSAL
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, codify and
publish the ordinances for the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation
duly organized and existing under state law, hereinafter referred to as the Municipality, according to the
following terms and conditions:
PART ONE
CODIFICATION OF THE ORDINANCES
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's
attorney, codify the ordinances of a general and permanent nature passed in final form by the
Municipality as of the date of this agreement. However, the Municipality may forward ordinances
subsequently passed for inclusion in the new Code until notice is received that the editorial work has
been completed.
(2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the
preparation of the Code, all ordinances of a general and permanent nature passed in final form, and either
typed or printed copies of the Charter and all amendments thereto. The ordinances may be furnished in
hard copy, on diskettes or via e -mail.
(3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the
Municipality's attorney. All recommendations are intended for use by the Municipality's attorney, and as
such are not to be considered legal advice to a layperson. Before the conference with the Municipality's
attorney, MCC's attorney will:
a) State Law. Research every ordinance to be included in the Code against state law. This
process will discover inconsistencies and conflicts with, and preemptions by, the state
law.
b) State law references. Append state law references at the end of appropriate sections.
c) Charter. Research every ordinance to be included in the Code against the
Municipality's Charter. Conflicts and inconsistencies with, and preemptions by, the
Charter will be brought to the attention of the Municipality's attorney. The Charter will
be analyzed against state law and appropriate explanatory notes prepared.
Amendments, if any, will be incorporated into the Charter.
d) Internal consistency. Research the ordinances against each other. Inconsistencies or
conflicts between existing laws and obsolete provisions will be discovered through this
research.
(4) CONFERENCE WITH ATTORNEY. MCC's attorney, who performed the legal research,
will travel to the Municipality for a conference with the Municipality's 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 MCC's
attorney. The Municipality's attorney has ultimate decision making authority for
solutions and implementation.
d) Sample ordinances. 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 Municipality should request
recommendations on subjects of specific concern. This service can be continued
through the Supplement Service; please see Sample Ordinance Service under Part Two
of this proposal.
e) Organization. Organizational suggestions will be reviewed with the Municipality
providing comments and suggestions.
(5) 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.
(6) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper phraseology. Concise, modern 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
and sections 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) Catchlines. Each section will be preceded by a catchline, which shall reflect the
content of the section.
2
f) History notes. A history note will be prepared for each section of the new Code. The
note will indicate the source from which the section is derived.
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.
j) State law reference table. This table will list by state law citation all sections carrying
a reference.
(7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial
work, MCC will notify the Municipality 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.
(8) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit
one set of proofs to the Municipality for review. The Municipality may make word changes on the
proofs without charge. However, the Municipality will be charged for changes or deletions constituting
more than one page of type. For the purpose of this proposal, a page is defined as the area on one side of
a sheet of paper. A sheet contains two (2) pages.
It shall be the duty of the Municipality 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 Municipality request to review the proofs beyond forty-five (45) days but fail to
return them within five (5) months, 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 Municipality. 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 the contract is in effect.
(9) 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.
41
(10) PRINTING AND BINDING. When the proofs are returned by the Municipality, MCC will
proceed with printing and binding the Code in accordance with the following:
a) Copies. The number of copies desired by the Municipality will be printed on 50 lb.
white offset paper.
b) Page format. The page size will be consistent with the format chosen by the
Municipality: 8' /z x 11 inches, single column (samples attached).
c) Type size. Various type sizes are available for text. MCC will publish the Code in ten -
point type, unless otherwise specified by the Municipality. Notice of change must be
given prior to the completion of the editorial work so that the impact upon cost can be
determined and discussed.
d) Tables and graphics. Tables, drawings, designs, Algebra formulae, graphics, or other
materials which require engraved cuts or special methods of reproduction, will be
charged as set out on the Quotation Sheet.
e) Binding. MCC will bind copies of the completed Code in expandable post binders with
slide lock fasteners. Covers will be imitation leather and available colors are black,
burgundy, blue, or green, with gold lettering. Other binder choices are available (D -ring
and three - ring). Cost may vary. Any unbound copies of the Code will be punched and
wrapped separately for storage and eventual binding. Additional binders can be ordered
at any time at the then - current prices.
f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides)
for the bound Codes. The tabs will reflect the major divisions or chapters of the Code
volume.
g) Reprints of chapters. Additional copies of specific chapters or portions of the Code,
e.g., zoning regulations or police manuals containing selected sections, may be ordered
for binding in paper covers for separate distribution or sale. Prices will be furnished
upon request.
(11) CODE IN ELECTRONIC MEDIA. The electronic Code can be provided in WordPerfect
or WORD. Alternatively, the Code can also be provided in a generic text form like ASCII. The Code
can be furnished on CD -ROM or via the Internet or modem.
(12) INFORMATION RETRIEVAL SOFTWARE. Folio BoundVIEWS offers a powerful,
context - sensitive, on -line help system for immediate assistance to inquiries. Every word in an infobase is
indexed. Type in a word, a phrase or a query and watch the Query Map display the search results. With
a click of the mouse, users can jump to the points of information they need. Information retrieval
capabilities include standard boolean search operators, phrase searching, proximity searching and word
stemming to include word variations and synonyms in searches. Folio BoundVIEWS is available for
Windows 4.2 or higher.
4
(13) SUPPORT AND TRAINING. MCC offers a generous support and training policy.
Telephone support is available during working hours by calling our toll -free number, 1- 800 - 262 -CODE.
Our personnel can usually resolve problems in one phone call. Phone support is free of charge. While
MCC does not physically install the software, our support personnel is available for consultation during
the installation. On -site training is also available; a quotation is available upon request.
(14) INTERNET CONNECTION. Should the Municipality desire to place the Code on the
Internet, it may be included on MCC's home page (www.municode.com). This home page contains a
growing collection of Codes of Ordinances and is available to anyone with Internet access. A link to the
Municipality's home page can also be provided with this service. The fee includes updating the Code on
the Internet with all Supplements completed.
(15) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship
the Code as directed by the Municipality. At this time, MCC's attorney will furnish the Municipality
with a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance should
be sent to MCC so that it can be included in the Code.
(16) TIME SCHEDULE. The following is a tentative time schedule in the preparation of the
new Code:
a) Editorial conference in Municipality ................... 6 months
after receipt of material and contract.
b) Submission of proofs to Municipality .................. 3 months
after completion of editorial conference.
c) Delivery of completed Codes to Municipality ............ 3 months
after return of proofs.
The above time schedule provides for completion of the Code within twelve (12) months,
excluding time required for review of the proofs and any delays occasioned by the Municipality.
5
PART TWO
SUPPLEMENT SERVICE
(1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall
forward to MCC copies of the ordinances upon final enactment by the Municipality. The ordinances may
be furnished in hard copy, on diskettes or via e -mail (ords @mail.municode.com).
(2) SCHEDULE. After shipment of the new Code MCC shall keep the Code up -to -date by the
publication of 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 Municipality. A minimum of thirty (30) working days shall be required for delivery
of a printed Supplement.
(3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive the
Code in electronic medi, as set out in Part One of this agreement, MCC can provide the Supplements
electronically on a schedule desired to meet the Municipality's needs, e.g., monthly or bimonthly. The
Municipality may choose to have hard copy Supplements printed less frequently. The electronic media
will reflect the entire Code as updated through the most recent Supplement.
(4) 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 shall 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 Municipality will be
notified so that remedial action may be taken.
(5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the
new sections as deemed necessary by the editor.
(6) 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.
(7) 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.
n
(8) 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.
(9) TABLES AND GRAPHICS. Should the Supplement contain tables, drawings, graphics and
the like for which special typesetting or other methods of reproduction are required, the costs will be as
set out on the Quotation Sheet.
(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. Sample provisions of specific subjects will be
furnished upon request. A sample 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 Municipal 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 Municipality 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 Municipal attorney as to any Code changes deemed
necessary or desirable as a result of such analyzation. MCC's attorney will work with the Municipal
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 Municipality.
(14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the holders
of the Codes. The Municipality shall have the exclusive right to sell the Codes and Supplements.,
however, MCC can provide storage, distribution, and billing services.
(1) City orders a minimum of hard copies and MCC will have total responsibility for
printing copies for sale to the public.
(2) There would be no cost incurred or liability to the City for the expenses involved in
furnishing copies of the Code to the public.
(3) The City would receive ten percent (10 %) commission for each Code sold by MCC.
7
(4) TERMINATION. The Supplement Service provided under this Part Two shall be in full
force and effect for a period of three (3) years from the date of shipment of the completed Code to the
Municipality. Thereafter, the 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.
Minuets Indexing information will be sent separately.
8
QUOTATION SHEET
PART ONE - CODIFICATION:
(1) BASE COST, includes
$16,500
a)
Legal Review
b)
Sample Ordinance Service
C)
Conference with MCC Attorney
d)
Conference Memorandum
e)
Editorial Work
f)
Typesetting and Proofs
g)
Indexing
h)
Printing and Binding
i. Number of copies
25
ii. Number of binders
25
iii. Number of sets of special order tabs
25
iv. Estimated pages
8'/2x 11 inches, single column
837
(2) BASE COST DOES NOT INCLUDE:
a) Pages in excess of those listed above will
be billed as follows:
8'/2 x 11 inches, single column $22
b) Tables and graphics, additional per page $10
c) Freight charges (invoiced upon shipment) Prepaid
d) State sales tax, if applicable
(3) ADDITIONAL SERVICES AVAILABLE:
a) Reprints of chapters Quotation upon request
b) Code on computer:
i. Data integrated with Folio Bound VIEWS
one license on CD -ROM (includes handling) $725
ii. Each additional license $125
iii. Site license for unlimited users $1,500
C) Code on the Internet, per year $300
(includes up to four updates)
0
iv PAYMENT FOR CODIFICATION. (May be scheduled through two
budget years.)
a) Upon signing of the contract $3,300
b) Upon completion of conference $2,600
C) Upon receipt of proofs $2,600
d) Balance upon delivery of Code.
PART TWO - SUPPLEMENT SERVICE
(1) NUMBER OF PRINTED COPIES 25
(2) SUPPLEMENT SERVICE, Cost per page
a) 8'/z x 11 inches, single column $19
b) Tables and graphics, additional per page $10
C) One set of updated electronic media, per Supplement $75
(cost in addition to regular Supplement per page charge)
d) Additional sets of updated electronic media, per set $75
(3) ELECTRONIC SUPPLEMENTATION Quotation upon request
(4) SAMPLE ORDINANCE SERVICE - during the first year
following shipment of the Code No charge
(5) PAYMENT FOR SUPPLEMENT SERVICE
a) Payment for the Supplement Service will be due upon
receipt of an invoice. Supplements will be invoiced
when shipped.
b) Freight charges for the supplements will be prepaid and
invoiced at time of final billing.
PART THREE - MINUTE INDEXING Quotation upon request
10
This proposal shall be valid for a period of ninety (90) days from the date appearing below.
July 10, 2001
Witness
Witness
Date
Submitted by:
MUNICIPAL CODE CORPORATION
Accepted by:
SUNNY ISLES BEACH, FLORIDA
President/CEO
Title
PART THREE
COUNCIL MINUTES
FOLIO OR LASERFICHE
FOLIO FOR MINUTES:
(1) MINUTES ON DISK. The City will furnish minutes available electronically on disk, CD-
ROM or via e -mail (ords @mail.municode.com).
(2) CONVERSION OF MINUTES TO ELECTRONIC MEDIA. If minutes are not
available from the City electronically, MCC will convert the minutes to electronic media, by double
keystroking. We double keystroke the minutes, in order to provide the greatest possible accuracy. Two
individuals create two separate databases in electronic form. A proprietary computer program we wrote
specifically for this purpose then compares the two databases. This process results in a 99.9% accurate
database; far greater than single keystroking or scanning. The best argument for double keystroking is
that the database will allow the City to perform searches and be able to rely on the electronic copy of the
minutes for information.
(3) INTEGRATION OF MINUTES WITH FOLIO BOUND VIEWS. MCC will integrate
the electronic minutes with Folio Bound Views. No manual or hard copy index will be prepared under
this option.
(4) FUTURE MINUTES ON DISK. The City can provide future minutes on disk for
integration with the Folio software as above. The updates can be on a schedule or as desired by the City.
(5) INTERNET CONNECTION. Should the City desire to place the electronic Minutes on the
Internet, they may be included on MCC's home page (http: / /www.municode.com). A link to the City's
home page can also be provided with this service.
(6) DELIVERY. MCC will deliver the minutes integrated with Folio Bound Views within 90
days after receipt of the disks. Should MCC require additional time, the City will be notified
immediately. The delivery for future minutes on disk will be 30 days.
LASERFICHE FOR MINUTES.
(1) COPIES OF MATERIAL. The City will furnish MCC for it's use and preparation of the
database, a copy of all minutes passed in final form.
(2) INTEGRATING WITH LASERFICHE. MCC will scan and integrate the minutes with
the LaserFiche Software and provide the City with the most powerful index retrieval search engine
available with the following features: intuitive browse window, index cards, and fuzzy logic. The search
engine will allow the City to search thousands of documents at one time or a select field of documents
with any of the following search capabilities: text, proximity, wildcard, fuzzy and boolean. The City will
be provided with one CD -ROM with Text Minutes Linked to Images.
(3) CLEAN UP. Depending on the quality of the copies the City may desire to clean up the
database. MCC will clean up text converted database if necessary, the City will be charged an hourly fee
for this service.
(4) TERMINATION. The services provided in this agreement will be in full force and effect
for a period of three (3) years from the date of shipment of the completed product to the City. Thereafter,
this agreement will 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.
PART THREE - COUNCIL MINUTES:
Option A. Folio Bound VIEWS:
(1) Integration of electronic Minutes with Folio Bound VIEWS
set up fee, per year $150
(2) Conversion to text per 1000 characters $1.60
(3) Future quarterly updates, billed annually $400
(4) Minutes on the Internet, per year $300
Option B. LaserFiche for Minutes:
(1)
Conversion of minutes to LaserFiche, per page
$1 -$2
dependent on volume
(2)
Future Updates, per page
$2
(3)
Clean up of database, per hour
$25
(4)
Internet web link, per year
$300
(5)
Storage fee, per page
$0.07
�1
PART THREE
COUNCIL MINUTES
FOLIO OR LASERFICHE
FOLIO FOR MINUTES.
(1) MINUTES ON DISK. The City will furnish minutes available electronically on disk, CD-
ROM or via e -mail (ords @mail.municode.com).
(2) CONVERSION OF MINUTES TO ELECTRONIC MEDIA. If minutes are not
available from the City electronically, MCC will convert the minutes to electronic media, by double
keystroking. We double keystroke the minutes, in order to provide the greatest possible accuracy. Two
individuals create two separate databases in electronic form. A proprietary computer program we wrote
specifically for this purpose then compares the two databases. This process results in a 99.9% accurate
database; far greater than single keystroking or scanning. The best argument for double keystroking is
that the database will allow the City to perform searches and be able to rely on the electronic copy of the
minutes for information.
(3) INTEGRATION OF MINUTES WITH FOLIO BOUND VIEWS. MCC will integrate
the electronic minutes with Folio Bound Views. No manual or hard copy index will be prepared under
this option.
(4) FUTURE MINUTES ON DISK. The City can provide future minutes on disk for
integration with the Folio software as above. The updates can be on a schedule or as desired by the City.
(5) INTERNET CONNECTION. Should the City desire to place the electronic Minutes on the
Internet, they may be included on MCC's home page (http: / /www.municode.com). A link to the City's
home page can also be provided with this service.
(6) DELIVERY. MCC will deliver the minutes integrated with Folio Bound Views within 90
days after receipt of the disks. Should MCC require additional time, the City will be notified
immediately. The delivery for future minutes on disk will be 30 days.
LASERFICHE FOR MINUTES:
(l) COPIES OF MATERIAL. The City will furnish MCC for it's use and preparation of the
database, a copy of all minutes passed in final form.
(2) INTEGRATING WITH LASERFICHE. MCC will scan and integrate the minutes with
the Laseffiche Software and provide the City with the most powerful index retrieval search engine
available with the following features: intuitive browse window, index cards, and fuzzy logic. The search
engine will allow the City to search thousands of documents at one time or a select field of documents
with any of the following search capabilities: text, proximity, wildcard, fuzzy and boolean. The City will
be provided with one CD -ROM with Text Minutes Linked to Images.
(3) CLEAN UP. Depending on the quality of the copies the City may desire to clean up the
database. MCC will clean up text converted database if necessary, the City will be charged an hourly fee
for this service.
(4) TERMINATION. The services provided in this agreement will be in full force and effect
for a period of three (3) years from the date of shipment of the completed product to the City. Thereafter,
this agreement will 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.
PART THREE - COUNCIL MINUTES:
Option A. Folio Bound VIEWS:
(1) Integration of electronic Minutes with Folio Bound VIEWS
set up fee, per year $150
(2) Conversion to text per 1000 characters $1.60
(3) Future quarterly updates, billed annually $400
(4) Minutes on the Internet, per year $300
Option B. LaserFiche for Minutes:
(1)
Conversion of minutes to LaserFiche, per page
$1 -$2
dependent on volume
(2)
Future Updates, per page
$2
(3)
Clean up of database, per hour
$25
(4)
Internet web link, per year
$300
(5)
Storage fee, per page
$0.07