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Res 02-78 RESOLUTION NO. 2-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A CONTRACT WITH MUNICIPAL CODE CORPORATION FOR THE RECODIFICATION OF CITY ORDINANCES. WHEREAS, the City Council of the City of Delray Beach has determined that a recodification of City Ordinances would be desirable; and, WHEREAS, the purpose of such a recodification would be to eliminate inconsistencies in the exiSting code, delete obsolete provisions, provide better indexing and cross referencing, and to receive recommendations for the inclusion of new ordinances in the City Code; and, WHEREAS, the City Council has reviewed the proposal of the Municipal Code Corporation, dated November 29, 1977, and desires to authorize the execution of a contract incorporating such proposal, between the City of Delray Beach and the Municipal Code Corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City is authorized to enter into the contract attached hereto as Exhibit A pursuant to City Ordinance Section 2-14, with the Municipal Code Corporation for the recodification of City Ordinances. PASSED AND ADOPTED in regular session on this the 9th day of January , 1978. ATTEST: City Clerk CONTRACT for the RECODIFICATION OF THE ORDINANCES of the CITY OF DELRAY BEACH, FLORIDA by the MUNICIPAL CODE CORPORATION Tallahassee, Florida THIS AGREEMENT made and entered into this day of , 197 , by and between the MUNICIPAL ."CODE CORPORATION, a corporation duly organized and existing iiunder the laws of the State of Florida, hereinafter referred to as the Corporation, and the CITY OF DELRAY BEACH, a municipal corporation duly organized and existing under the laws of the State of Florida, hereinafter referred to as the Municipality. WITNESSETH: That the Corporation shall prepare and publish a Code of Ordinances for the Municipality in accord with the terms and conditions of the Corporation's proposal dated the twenty-ninth day of November , 1977, a copy of which proposal is attached hereto and made a part hereof. It is expressly agreed by the parties hereto that the terms and conditions of said proposal shall have the same effect as if set out at length in this agreement, with the following exceptions or additions: NONE IN TESTIMONY WHEREOF, the Corporation has caused this agreement to be executed by the signing of its authorized officers and the affixing of its Corporate seal, and the !Municipality has caused this agreement to be executed by the signing of its authorized officers and the affixing of ~/~ its corporate seal, this day and year first written above. ATTEST: MUNICIPAL CODE CORPORATION (SEAL) Secretary Executive Vice President ATTEST: DELRAY BEACH, FLORIDA By (SEAL) (Title) (Title) APPROVED AS TO FORM: Proposal for: CODIFICATION OF ORDINANCES To: DELRAY BEACH, FLORIDA Date: November 29; 1977 Submitted by: MUNICIPAL CODE CORPORATION The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as the Corporation, hereby offers to edit and codify the ordinances and publish a new Code of Ordinances for the CITY OF DELRA¥ BEACH ; a municipal corporation duly organized and existing under the laws of the State of FLORIDA , hereinafter referred to as the Municipality, accord- ing to the following terms and conditions: PART ONE A. EDITORIAL WORK: The Corporation will, under the supervision of the Attorney for the Municipality: (1) ORDINANCES INCLUDED. Classify, edit and codify the ordinances of a general and permanent nature passed in final form by the Municipality as of the date of any contract entered into pursuant to this proposal; provided, however, that the Municipality may forward to the offices of the Corporation all ordinances passed subsequent to said date for inclusion in the new Code up to the time of notice of completion of the editorial Work provided for in Paragraph (7) of this Part. (2) ANALYZATION AND EDITING. Analyze and edit the ordinances referred to in Para- graph (1) above so that the provisions of the new Code will be expressed in concise, modern and proper phraseology, without conflicts, ambiguities and repetitious provisiofls. Material changes resulting thereby shall be submitted to the Attorney for the Municipality for considera- tion and approval. .The editorial process shall include the following: (a) Chapter Arrangement. Each chapter of the new Code shall be all-inclusive and shall embrace all ordinances dealing with the subject matter of that chapter, and within the chapter itself, the ordinances shall be arranged in an orderly and logical fashion. (b) Catchlines. Preparation of a catchline for each section, which catchline shall reflect the content of the section. (c) History Notes. Preparation of a history note for each section of the new Code, which note will indicate the source from which the section is derived. (d) State Law and Court Decisions. Checking the ordinances against the corresponding provisions of the general laws of the State and any conflicts or inconsistencies revealed thereby will be called to the attention of the Attorney for the Municipality. The reported decisions of the appellate courts of the State, relating to the ordinances of the Municipality, will also be checked and any such decision affecting the validity of any such ordinance will be called to the attention of the Attorney for the Municipality. Appropriate annotations will be prepared and appended to the ordinances affected. (e) Footnotes and Cross References. Prepare editorial footnotes and cross references which tie together related sections of the new Code. Proper reference will also be made in the form of footnotes to relevant provisions of the state law. (f) Omission of Obsolete Provisions. The Attorney for the Municipality will be informed of obsolete, outmoded, or unnecessary provisions which should be omitted from the codifica- tion. * (3) CHARTER. If the Municipality operates under a special Charter granted by the state legis- lature or adopted by the people, the Corporation will compile and edit such Charter by working all amendments into their proper places and preparing explanatory notes, where neceisary, to facilitate usage of such Charter and include the Charter in the new Code. The ordinances will be checked against the Charter and any conflicts or inconsistencies revealed thereby will be called to the attention of the Attorney for the Municipality. (4) NEW PROVISIONS. The Corporation will, during the course of the editorial work, make recommendations for new provisions where, in its opinion, there is an obvious need for legisla- tion on specific subjects. However, since the need for such new provisions is of a local nature and varies from municipality to municipality, the Corporation will rely, primarily, upon the Mu- nicipality to request specific recommendations as to new provisions. All recommended provisions must be approved by the Municipality. (5) EDITORIAL CONFERENCE. All editorial work will be performed in the offices of the Corporation in 'rallahassee, Florida. Upon completion of the basic editorial research, the super- vising editor in charge of the Code will conduct an editorial conference with the Attorney and other officials in DELPJkY BEACH 'All changes and recommendations will be made known at this time and the Municipality will be free to make changes and alterations at this conference and the Corporation will be charged with the duty of carrying out all such desired changes. ** (6) POST-CONFERENCE WORK. Upon completion of the editorial conference, the Code manuscript will be prepared for typesetting and printing. (7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of the post- conference work, the Corporation will notify the Municipality in writing that the Code manuscript is ready for typesetting and printing. No ordinances will be included in the Code manuscript subsequent to such notice. (8) PROOFS. After the entire Code is set in type, the Corporation will submit one (1) full set of proofs to the Municipality for review. The Corporation assumes the responsibility of proofreading and typographical correctness. The Municipality may make word changes on the proofs without charge. However, should the Municipality delete lines, entire sections, articles or chapters constituting more than a page of type, the Municipality will be charged for such deleted type at the per page rate as provided in Part Two, Paragraph (2). It shah be the duty of the Municipality to return the proofs, with the changes indicated thereon, within thirty (30) days from the date of their receipt by the Municipality. If the proofs are not returned within said thirty (30) days, and if the Municipality does not, within said thirty (30) days, notify the Corporation that there will be a de]ay in returning the proofs, it ~vill be as- sumed that no changes are to be made and the Corporation will proceed to print the Code and no changes shall thereafter be made in its content. (9) ADVANCE COPIES AND ADOPTION OF CODE. When the proofs are returned by the Municipality or at the expiration of thirty (30) days after their receipt by the Municipality, * See Page 4, Paragraph (3.1). ** See Page 4, Paragraph (6.1). and' in the absence of the notice of delay provided for in Paragraph (8) above, the Corporation' will proceed to print the Code in accord with Section B, Printing and Binding Specifications. When the printing is complete, the Corporation will submit three (3) advance copies bound for filing, along with a form of a suggested adopting ordinance. After the Attorney for the Municipality drafts the adopting ordinance and the same is enacted, the Corporation shall be furnished a true copy of the adopting ordinance and the Corporation will print the same to be inserted into all copies of the new Code. It shall be the responsibility of the Municipality to adopt the Code and furnish the Corporation with a copy of the adopting ordinance within ninety (90) days from receipt of the advance cop- les by the Municipality. If the Code has not been adopted within ninety (90) days, the Corpora- tion will proceed with the binding and ship all copies of the completed Code to the Municipality. Upon such shipment, all moneys shall be due and payable as set out in Part Two, Paragraph (3). If the Code is adopted subsequent to such shipment, the adopting ordinance will be printed and forwarded to the Municipality for insertion in the Codes at such time as said ordinance is forwarded to the Corporation. *(10) INDEX. A comprehensive, legal and factual general Index for the Code will be prepared and inserted in the completed Codes prior to final shipment. An Index will also be prepared for the Charter, if included in the Code. (11) COMPARATIVE TABLE. A Comparative Table, listing the ordinances included in the Code in chronological or numerical sequence and setting out the location of such ordinances in the Code, will be prepared and i~serted in the completed Codes prior to final shipment. B. PRINTING AND BINDING SPECIFICATIONS: (12) PRINTING. The Corporation will print: (a) The text of the Code in ten-point type with boldface catchlines; (b) The Index in eight-point type with main headings in lightface capitals; (c) The editorial notes and cross references in eight-point type with boldface headings; (d) The specified number of copies of the Code, as set out in Part Two hereof, on 50 lb. English Finish Book Paper, or its equivalent; (e) The pages shall be a~pproxi~ately ,.i~e4r~.ches4~-si~l-te~n-s~ze. 8-1/,2 x~ 11 inches in sxze, sinqxe coxumn a;orman. ~amp3_e pages attacnea. (13) TABULAR MATTER. In the event the manuscript for the Code should contain tables, drawings, designs, Algebra formulae and the like for which either engraved cuts or methods of reproduction other than straight line casting operation are required, the cost of such engravings or tabular matter will be additional to the costs as provided in Part Two, ,Paragraph (2). (14) BINDING. The Corporation will bind copies of the completed Code in mechanical post- type binders, each with slide-lock fasteners and with imitation leather covers stamped in gold leaf, as provided in Part Two, Paragraph (2) hereof. The unbound copies of the Code, if any, will be punched and wrapped separately for storage and eventual binding by the Municipality. Addi- tional binders can be ordered at any time by the Municipality, at the then current prices. (15) SEPARATOR TABS. The Corporation will furnish, without additional charge, separator tabs for the major portions of the Code for all copies housed in mechanical looseleaf binders. The tabs furnished will be in the standard format utilized by the Corporation. (16) REPRINTS OF CHAPTERS. Additional copies of specific chapters or any portion of the Code may be printed at the same time the original Code is printed as provided above, and bound * Proofs of the Index will be furnished with the advance copies, if desired. 3 in paper covers. All orders ~r ad~tional copies of potions of the Code must be placed at the time the proo~ are returned to the Corporation, or p~or thereto. A p~ce list is attached to the back of this proposal. C. OTHER: * (3.1) CHARTER. The Charter will be checked against the current general laws of the State and provisions which are superseded or in conflict therewith will be pointed out so that remedial action may be taken by the Municipality. The Corporation will also review the old Charter to determine if certain provisions should be included in the Code and adopted as ordinances when the new Code is adopted. (6.1) POST CONFERENCE MEMORANDUM. Upon completion of 'the editorial conference, the supervising editor will prepare an editorial memorandum setting forth the substantive changes in the ordinances approved at the editorial conference. ** (17) STATE LAW REFERENCE TABLE. The Corporation will prepare a Table listing the state law citations set forth in the Code, together with their location within the Code volume. (18) TIME SCHEDULE. The following is a tentative time schedule in the preparation of the new Code: (a) Editorial conference in Delray Beach . 5 months after receipt of the material for use in the editorial work. (b) Delivery of proofs to City ...... 5 months after completion of the editorial conference. (c) Advance copies to City ........ 2 months after return of the proofs. (d) Delivery of completed Codes to City . 1 month after receipt of the adopting ordinance or the expiration of 90 days, whichever occurs first. Time is hereby declared to be of the essence as to the delivery of completed Codes to the City within 14 months from the date of this contract. The Corporation and the Municipality agree, that should the Corporation fail to timely deliver the completed Codes, then the Corporation shall pay to the Municipality $1,000.00 for each month or portion thereof for which delivery is delayed as agreed liquidated damages. If the Municipality gives notification of delay as provided in Paragraph (8), neither this delay period, ncr in any event the delay occasioned by'the Municipality's adopting process shall be counted in calculating the 14 month delivery time. * See Page 4.1, Paragraph (19). 4 ** See Page 4.1, Paragraph (20). (19) The Corporation will identify those provisions of the old Charter which are ordinances pursuant to Florida Statute 166.021(5). Notify the City Attorney if State Statutes exist which cover sub- stantially similar subject matter as these ordinances, including the citations to such statutes. Also, the Corporation shall make recommendations as to each ordinance, whether it skould be incor- · porated in the Code or repealed. (20) The Corporation will cite throughout the Code, State Statutory provisions which are relevant to particular chapters or sections of the Code. 4.1 PART TWO The Municipality will: (1) COPIES OF MATERIAL. Furnish the Corporation for its use in the editorial work, either typed or printed copies of all ordinances of a general and permanent nature passed in final form.* (2) COSTS. Pay the Corporation for the work of editing, printing and binding as herein pro- vided as follows: (a) Editorial work, Indexing and printing seventy-five (75) copies of the Code . $14.25. per page. (estimated 700 pages: $9,875.00) (b) Mechanical looseleaf binders ..... $ 7.50 each (the Municipality is not required to purchase binders if they are not desired.) (c) Separator Tabs: Standard Tabs ............ No charge Special Order Tabs ......... $ 0.085 each For the purpose of this Part Two, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. * The Corporation will utilize the 1955 Code as supplemented and copies of subsequent ordinances. 5 (3) PAYMENT. Money due hereunder shall be due and payable as ~llows: (a) Upon signing of the contract ................. $ 2,0 0 0.0 0 (b) Within thi~y (30) days a~er completion of the editorial con~rence ..... 3,0 0 0.0 0 (c) Wit~n thi~y (30) days a~er submission of the proo~ to the Municipality. . . 3,0 0 0.0 0 (d) Balance upon finM delivery of the completed Codes to the Municipality. ?TION I (4) FREIGHT CHARGES. The above costs do not include height charges. The Municipality shall pay all height char~s. The shipment will be ~rwarded prep~d and invoiced to the Mu- nicip~ity at the time of final billing. ?TION II (4) MAILING AND STORAGE OF CODES AND SUPPLEMENTS. The Corporation offers to mail and distribute the Codes and Supplements as follows: (a) The Corporation shall prepare and print a sales order form which may be mailed by the City to all potential subscribers of the new Code and Looseleaf Supplement Service. (b) The Corporation shall mail copies of the Codes and future Supplements to those persons subscribing to the new Code and future Supplement Service. The names and addresses of such persons shall be furnished to the Corporation by the City. (c) The Corporation shall ship to the City as many copies of the Code and Supplements as requested for use within the City government. (d) All undistributed copies of the Code 'and future Supple- ments shall be stored by the Corporation. All risk of loss or damage to the Codes and Supplements so stored shall be on the Corporation. (e) The costs for the above shall be as follows: (i) Mailing of Codes and Supplements .... $ 0.85 per mailing, plus cost of postage; (ii) Storage of Codes and Supplements .... $250.00 per annum. (f) The Corporation shall include the cost of mailing as provided above on the statement of charges for each Supplement. The cost for storage shall be billed annually. (g) The above service (4) (a) - (f) shall also be offered as to each type of reprint pamphlet that the Municipality may order, for example the Zoning Code, at no additional storage cost. PART THREE LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE. After the official adoption and shipment of the new Code as herein provided, the Corporation shall maintain the same up to date by the publication of Looseleaf Supplements containing the new ordinances of a general and permanent nature enacted by the governing body. The Supplements can be published monthly, bimonthly, quarterly, semiannually or annually, depending on the requirements of the Municipality. There is no additional charge for more fre- quent publication. A minimum of thirty (30) days shall be required for delivery of a Supple- ment. (2) ORDINANCE~ TO BE FURNISHED BY MUNICIPALITY. It is requested that the ordinances be forwarded to the Corporation promptly following enactment by the Municipality for recording and processing. (3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of the law editorial staff of the Corporation in conjunction with the existing provisions of the new Code for the purpose of determining if any provisions of the basic Code are repealed, amended or superseded. The page or pages of the Code containing provisions that are specifically repealed or amended by ordinance shall be reprinted or printed to remove such repealed or amended provisions and to insert the new ordinances. Should the Corporation detect conflicts, inconsist- encies or duplications in the Code as the new ordinances are enacted, notification will be made to the Attorney for the Municipality so that remedial action by the Municipality may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the Corporation. (5) INDEX AND TABLES. When the inclusion of new material n~essitates changes in the Index, appropriate entries will be prepared and the necessary pages of the Index will be re- printed to include the new entries. The Comparative Table will also be kept up to date by listing the ordinances included in each Supplement, together with their disposition in the Code. The Table of Contents will also be kept current to reflect changes in the Code volume. (6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. (7) COSTS. The Corporation will prepare the ordinances editorially and print seventy- ~:ive ('7 5) copies of each Supplement for the sum of: TWELVE DOLLARS TWENTY-FIVE CENTS ($12.25) per pag~including blank pages. For the purpose of this Part Three, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. (8) TABULAR MATTER. The costs provided in Paragraph (7) above are based on a page containing type for ordinary composition. Should the Supplement contain tables, drawings and the like for which other methods of reproduction other than straight line casting operation are required, the cost of such engravings or tabular matter ~vill be additional to the costs as provided above. 7 *(9) FREIGHT CHARGES. The Supplements'will bb' shipped to the Municipality, for distribu- tion to the holders of the Codes. The shipment will be prepaid and invoiced at the time of final billing. The Municipality shall have the exclusive right to sell the Codes and Supplements. (10) PAYMENT. All money due the Corporation for the publication of the Looseleaf Supple- ments will be due and payable within thirty (30) days after the date the Municipality is invoiced for the same by the Corporation, without interest. (11) TERMINATION. The Looseleaf Supplement Service provided under this Part Three shall be in full force and effect for a period of three (3)_ vear(s) from the date of shipment of the completed Codes to the Municipality and shall be a~tomatically renewed from year to year, provided that either party may alter or cancel the terms of this Part Three upon sixty (60) days' written notice. The terms of this proposal shall remain in force and effect for a period of ninety (90) days from the date appearing herein. We at MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this proposal and sincerely hope that its terms are acceptable. Respectfully submitted, MUNICIPAL CODE CORPORATION Executive Vice President ATTACHMENTS: Sample Pages Reprint Price List * For mailing and storage of Codes and Supplements by the Corporation, see Page 6. 8 WATE~ § 26-12 Sec. 26-9.1. Repealed by Ordinance of 12-9-75. Sec. 26-9.2. Billing. (a) Residential accounts shall be billed quarterly. The town manager may establish separate billing districts when necessary. Commercial accounts may be billed monthly. All accounts are due and payable when rendered. (b) All accounts shall become delinquent upon the first day of the month following the billing date of the bill. Water service may be discontinued without notice when an account is delinquent. There shall be an eight (8) per cent penalty added to all bills paid after becoming delinquent. (c) The town manager or his designee shall cause to be established an appropriate turn-on charge to cover the cost of restoring water service to delinquent accounts after all past due charges have been paid. (d) The town manager or his designee shall cause to be established a'special meter reading charge to cover the cost of reading those meters which require a special trip by the meter reader in order to gain access to the meter to read it for billing purposes. (e) Once the water service has been discontinued because of a delinquent account it shall be un]awful and termed a misdemeanor for any person not specifically authorized by the town manager to reconnect to the public water supply. (12-9-75) Sec. 26-10. Meter readers not to accept payment of bills. Meter readers are prohibited from accepting payment for water bills under any circumstances. (7-1-65, § 1.16) Sec. 26-11. Separate tap and meter required for each building; exception. (a) A separate tap and meter shs. ll be provided for each residence, apartment building, commercial building and industrial operation. (b) Hospitals, schools, churches, nonprofit recreational organizations and other similar agencies under single ownership may be permitted to distribute water to various operations and buildings through a single tap or meter. (c) The installation of a "subtracting meter" for the resale of water is prohibited. (d) Where existing installations do ~ot comply with subsections (a) through (c) of this section, no change shall be required; provided, that no additional connections, extensions or installations may be made except as provided under subsections (a) through (c) of this section. (7-1-65, § 1.18) Sec. 26-12. Advance payment of water and sewer minimum charges prereq- uisite to use of water. It shall be unlawful for any person to turn on a water service before an application has been made and the minimum water and sewer advance payment has been paid to 2439 coDE INDEX WATER AND SEWERS--Cont'd. Section Separate tap and meter for each building, exception .... 26-11 Town and customer maintenance responsibilities ....... 26-13,1 Transfer of accounts to different locations (in-town) .... 26-6 Violations of utility provision Penalty .............................................. 25.2-6 Water availability charges ............................. '26-18 Water system in general ............................... 25.2-2 WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Authority of town to remove and charge owners .......... 20-14 Garbage and trash in general ............................ 20-1 et seq. Garbage and trash. See that title Refuse, trash, litter, weeds, brush, etc. " Duty of property owners to remove ..................... 20-14 Unpaid charges constitute lien on property ............... 20-16 Vacant lots Authority of town to cut weeds, etc., and charge owners 20-15 Duty of owners to cut weeds, etc ......................... 20-15 WELFARE Tax relief for the elderly ................................. 7-16 WILDLIFE Animals in general. See: Animals and Fowl Park regulations. See: Parks and Recreation WINDOW PEEPING Peeping or spying in a structure, etc ...................... 14-36 WINE AND BEER Sale prohibited, when .................................... 14-3 Alcoholic beverages. See that title WITNESSES Obstructing justice by threats, etc ........................ 14-15 WORDS AND PHRASES General definitons for interpreting code .................. 1-2 WRITS, WARRANTS AND OTHER PROCESSES Injunctive relief against continuing violations ............ 1-8 Obstructing justice by threats or force .................... 14-15 Obstructing, resisting, etc ................................ 14-10 WRIq~EN, IN WRITING Defined .................................................. 1-2 Y YELLING, SHOUTING AND HOOTING Persons creating noise ................................... 14-37(D) 2927 REPRINT PAMPHLET PRICE LIST EFFECTIVE NOVEMBER 1, 1974 A. At Time of Initial Printing: 1-- 50 copies ..................................... : ............................................ $3.60 per page 51--100 copies .................................................................................. 4.00 per page Each additional 50 copies .............................................. 0.35 per page B. After Initial Printing: 1-- 50 copies ............................................................................ $4.60 per page 51--100 copies .................................................................................. 5.00 per page Each additional 50 copies ............................................. 0.35 per page C. Cordwain Paper CoverS: ~overs .................................................................................. $40.00 Each additional 50 covers .......................................................... 10.00 Chicago Screw Posts .................................................................... 0.10 per copy Paper fasteners ......................................................................... 0.05 per copy For the purpose of this price list, a page is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. If desired, reprint pamphlets can be kept up-to-date at the same time the Code volume is supplemented at the cost set out in Item A above.