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12-79 Resolution ~::~~+\t;::.i,<~:~~' .' 99 RECORD OF RESOLUTIONS i , I ! i National Graphics Corp,. Cols., O. ~ ~ Form No. 6233-A i Resolution No.__J~:J~umm_n__m.. - APR 2 1979 I I P assed___mu_uuuu._mmm .mm____nmmm19 uum. , A RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO ENTER INTO A CONTRACT WITH THE WALTER H. DRANE COMPANY FOR CODIFICATION OF VILLAGE ORDINANCES: 0 . WHEREAS, a study has been made on the feasibi I ity of having Vii lage Ordinances codified, and I WHEREAS, Counc i I is of the opinion th~t this cod- ification should be done; NOW, THEREFORE, RE IT RESOLVED by the Counci I of the Village of Dubl in, Ohio,~ of the elected mem- , bers concurring: SECTION I. That the Vii lage Administrator is here- by directed to enter into a contract with the Walter H. Drane Company for the codification of Vii lage Ord- Inances in accordance with the attached contract here- to attached and marked as "Exhibit "A" and hereby made an official part of this Resolution. SECTION 2. That ~his Resolution shall be in force and take effect immediately upon its passage. 0 Passed th i ~day of p,p1.t4.. , 1979 ~~ ~~~~ ?f~~"-, Mayor-presi ing officer resident P~ empore ATTEST: ~~~ Clerk-Treasurer i I 0 i , , , , , . , ~ ~dIa~ {?J)~ ~~ ~~~@r~ " ...~ . ~ AGREEMENT ~ An agreement dated February 27 , 197~, between the Village of Dublin, Ohio , a municipal corporation (hereinafter called the Municipality), and The Walter H. Drane Company, an Ohio corporation (hereinafter called the Contractor), in consideration of mutually agreed upon promises and conditions set forth herein. A. The Contractor shall codify into loose-leaf book form called the Codified Ordinances, all ordinances of a general and permanent nature and in providing said service agrees to: 1- Examine and review all ordinances of the Municipality to ascertain material suit- able for codification. Salary provisions shall not be codified unless specifically requested. 2. Photo print any material when copies for manuscript purposes are unavailable. 3. Evaluate all selected material for provisions which appear to be obsolete, repealed specifically or by implication, ambiguous, vague or inapplicable, or in conflict with other law (State statute, Charter or other ordinance provisions and court decisions) and refer questions on the same to the legal counsel for the Municipality for a deci- ~ sion. All provisions shall be examined for validity, administrative practicality and current usefulness in the light of present conditions and local practice so that they shall conform to actual administrative practices. ~ 4. Meet with the legal counsel for the Municipality and other Municipal officials periodically as is reasonably necessary to review parts of the work in progress and to obtain approval thereof. The advice and counsel of other officials shall be sought to ensure that all essential administrative functions, responsibility and performance of duties, not suffiCiently covered by Charter, State statutes or ordi- nances, shall be adequately provided for. 5. Submit at the request of the legal counsel for the Municipality suggestions as to deletions, modifications and additions to the current ordinance material. Model or sample ordinances of other municipalities will be submitted so that practices, permit fees and penalties may be compared and adequately provided for. 6. Edit all ordinance material by correcting all spelling, capitalization, grammatical and typographical errors, but the sense, meaning or legal effect of any ordinance provision shall not be altered. 7. Classify and arrange the ordinance material into component codes (called parts), titles, chapters (or articles) and sections with suggested code names as follows: Administrative; Traffic; General Offenses; Business Regulation; Streets, Utilities and Public Services; Planning and Zoning; Building; and Fire Prevention. A part containing the Charter shall preface the codes if one is adopted. 8. Prepare proper and descriptive headings for each title, chapter and section. '~ \ \ , , , , , , . ~ r?)j/~ ~ f2lFto4W ~ - Page 2 - n 9. Renumber and rearrange all material to conform with the decimal numbering system and code classification. '\.,I 10. Substitute proper code numbers for references within sections of present ordi- nances so as to conform with the new numbering system. 11. Substitute the words "this code" or "this chapter" for "this ordinance" whenever the sense so requires. 12. Prepare a legislative history for each section, noting the ordinance number and date of passage. Sections without histories shall contain new material which will be ordained by the Adopting Ordinance which enacts the Codified Ordinances. 13. Prepare a general index for the entire Codified Ordinances. 14. Prepare a Table of Contents for each component code and a chapter analysis for each chapter. 15. Prepare a comparative section table indicating the disposition of ordinances in the Codified Ordinances. 16. Prepare cross references for each chapter to applicable provisions of State statutes, and other sections, chapters or codes of the Codified Ordinances. 17. If desired, advise Municipal officials on the procedure for establishing a Traffic Control Map and File which shall reflect the Municipality's current traffic and parking plan. 18. Allow the Municipality to reprint at any time, in whole or in part, the Codified Ordinances notwithstanding the Contractor's copyright. 19. Print 50 sets of the Codified Ordinances. The format, page size, type size - 0 and headings shall be similar to that which is attached hereto as Exhibit "A". 20. Furnish, as requested by the Municipality, either post or ring-type binders of DuPont fabrikoid, with plastic covered, imprinted thumb tab dividers. 21. Deliver ~ sets of the Codified Ordinances in binders, with the remaining sets bound in Duo-Tang covers. 22. Deliver sufficient copies of the printed Codified Ordinances to the Municipality initially for review by the legislative body and other Municipal officials. Upon adoption of the Codified Ordinances the remaining copies will be sent to the Municipality. 23. Furnish additional copies of the Codified Ordinances, or any component code, or additional binders as requested by the Municipality, as provided in B. 2. 24. When preparing replacement pages for the Codified Ordinances and if requested, provide the legal counsel for the Municipality with a systematic review of all substantive changes affecting the provisions of the Codified Ordinances with recommendations as to amendment, enactment or repeal so that the provis ions shall conform to the current State law. Model or sample ordinance provisions shall be provided when requested to provide assistance in the enactment or comparison of any contemplated changes in ordinance provisions of the MuniCipality. 25. Print 25 extra Traffic-General Offenses booklets and 50 extra copies of the Planning and Zoning Code (which includes the Slbdivision Regulations and Zoning Ordinance) . 0 , . ~~rda~fW~~ - Page 3 - B. The Municipality agrees to: ,() 1. Pay the Contractor the sum of $ 11,000. for its services set forth in Part A of this agreement payable as follows: Twenty percent (20%) within ten days after acceptance of the agreement; Forty percent (40%) within ten days after completion of the conference work; Forty percent (40%) within ten days after delivery of the printed Codified Ordinances. 2. (a) Pay the Contractor $ 3.00 per page, per hundred copies, for additional copies of the Codified Ordinances or any component code requested. (b) Pay the Contractor $ 8.00 per binder for any additional binders requested. 3. Permit the Contractor to copyright the Codified Ordinances to protect against use of its classification, cross references, index and other material without its per- mission. 4. Pay delivery charges of the Codified Ordinances from Cleveland to Dublin . C. 1. This agreement is subject to acceptance by the Municipality within 2Q...... days of the date of this agreement. 2. The Municipality and the Contractor agree to a closing date for the inclusion of all legislation to be codified as the date on which the conference work is completed. tl However the Contractor agrees to incorporate any subsequent material which is furnished to the Contractor by the Municipality prior to actual printing of the Codified Ordinances. After review copies of the Codified Ordinances have been forwarded to the Municipality as provided in A. 22., no new material or changes to existing legislation will be added except upon such terms as are acceptable to the Contractor. 3. The Municipality and the Contractor accept this agreement (including) ~~ the attached supplemental agreement for a list of special ordinances. IN WITNESS WHEREOF, the parties have set their hands the day and date below written. THE WALTER H, DRANE COMPANY THE MUNICIPALITY OF DUBLIN, OHIO Clevelan~ Ohio ..1 '. '! 1:' By . ~,;{. Mt~ By Title President Title Date February 27, 1979 Date I certify that the money required to meet this contract has been lawfully appropriated for such purpose and is in the treasury or in the process of collection to the credit of this fund free from any previous obligation or certification as required by Ohio Revised Code 5705.01 to 5705.47. 0 Fiscal Officer . , . . ~~~~!PJY~~ SUPPLEMENTAL AGREEMENT (Option for Special Ordinances) C A. The Contractor agrees to prepare and print lists of special ordinances from 1950 by number, date of passage and brief description of the subject matter. These lists shall cover the following subjects: (a) Franchises (b) Easements (c) Vacating of streets and alleys (d) Dedication and plat approval (e) Acquisition and disposal of real property (f) Lease of real property (g) Street grade levels and change of street name 0 (h) A nnexation and detachment of territory (i) Zoning map change s B. The Municipality agrees to pay the Contractor $ -0- for its services set forth in Part A above, payable within ten days after delivery of the printed Codified Ordinances. THE MUNICIPALITY OF DUBLIN, OHIO By Title Date I certify that the money required to meet this contract has been lawfully appro- priated for such purpose and is in the treasury or in the process of collection to the D credit of this fund free from any previous obligation or certification as required by Ohio Revised Code 5705.01 to 5705.47. Fiscal Officer