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Resolution 7182 RESOLUTIOI: i 0. 7182 WHEREAS, on the 19th day of _`:pril, 1950, the City Council voted to enter into a contract with Michie City Publications Company for the codification of City Ordinances and Charter, b bound in loose-leaf form for a fee of $5,800.00, this price to include two hundred copies of said code, and WHEREAS, a contract has been prepared and approved by the City Attorney, a copy of which contract is attached hereto, and WHEREAS, the City Council has been advised of the terms and conditions of said contract and deems it to be to the best interests of the City that such contract be entered into, NOW, THEREFORE BE IT RESOLVF'.�) by the City Council of the City of Miami Beach, Florida, that the Mayor and the City Clerk be and they are hereby authorized and directed to execute for and on he- half of the City, the above described contract for codification of the City Ordinances and Charter. Passed and Adopted this 3rd day of May, A. D. 1950. blIAL4A )C Mayor Attest: 7 City Clerk OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA • THIS AGREEMENT , made and entered into this 3rd day of May, A. D. , 1950 by and between MICHIE CITY PUBLICATIONS COMPANY, a corporation duly organized, created and existing under the laws of the Commonwealth of Virginia, party of the first part, and CITY OF MIAMI BEACH, a municipal corporation in the State of Florida, party of the second Part, WITNESSETH: That, in consideration of the sums of money hereinafter agreed to be Paid to the party of the first part by the party of the second part, the said )Michie City Publications Company, party of the first part, agrees to and with the said City of Miami Beach, Florida, party of the second part, and its successors and assigns, that it will do the following work andrender and perform the following services in connection with the preparation of the new Code of Ordinances for Miami Beach, Florida, viz: 1. Codify the Ordinances of a general and permanent nature, excluding Franchises, Bond Issues and the Technical Codes, namely, the Building, Plumbing and Electrical Codes. 2. The City Charter shall be brought to date bycodifying g y� g In proper ( places the amendatory provisions. 3. Revise and edit the Ordinances where, in the opinion of the Editors, this is needed, to the end that the Ordinances as carried in the new manuscript will meet modern and present-day conditions. It is understood and agreed that all Ordinances wherein changes are made or suggested will be submitted to the City Attorney, together with recom- mendations and suggestions of the Editors, and the City Attorney shall be free to accept wholly or in part any or all of the recommendations so submitted. 4. The Editors shall prepare accurate catchlines to the individual sections of the Ordinances as carried in the new manuscript. 5. The codification of the Ordinances shall include the handling of amendatory provisions and new Ordinances passed as of May 1, 1950, but it is understood that the City Attorney may cause to be forwarded to.11 the Company' s ')ffices copies of any new or amendatory provisions that may be passed subsequent to the date of May 1, 1950, and such subsequent Ordinances shall be incorporated in the new manuscript at no extra cost to the City, such subsequently passed Ordinances to be incorporated up to the point where the editorial work will have progressed to the extent that no additional material can be incorporated without materially upsetting the work that has then been done. - 1 - 6. Check the Ordinances against the corresponding Laws of the state of Florida to the end of eliminating conflicts and inconsistencies. 7. Check the Ordinances against the decisions of the Supreme Court of Florida to the end of insuring validity and constitutionality. 8. Preparation of a frontal analysis to each individual chapter of the Code manuscript. 9. Editorial footnotes and cross references shall be prepared and carried in appropriate places to the end that related sections in the manuscript shall be tied together and to the end also that the new Code manuscript will be keyed to the State Laws. 10. A complete and comprehensive general index will be prepared for the entire Code. 11. Upon the completion of the editorial work and the assembling of the Code manuscript, the Supervising Editor shall bring the manu- script to the City of Miami Beach for conferences with the City Attorney. At such conferences the Supervising Editor will review the manuscript with the Attorney, making known the changes that have been made by the Company' s Editors and the reasons therefor. At the same time editorial recommendations and suggestions assembled by the Editorial Staff shall be submitted for the consideration of the City Attorney. 12. The City Attorney or other proper City officials will be free to make any and all desired changes and Alterations in the Code manu- script, and the Company' s Editors will be charged with the duty of carrying out any changes so requested, thus putting the manuscript in final shape ready for typesetting and printing. Following the completion of theeditorial work and the approval of the Code manuscript by the City Attorney, Michie City Publications Company will print and bind the Code in the following manner: 1. Print the text of the Ordinances in ten-point roman type, with bold- face catchlines. 2. Print the frontal analyses and the general index in eight-point type, with main headings in boldface type. 3. The Code will be printed on Cumberland English Finish book paper, or its equal. 4. Two hundred (200) copies of the completed Code shall be printed for delivery to the City. Each of the two hundred (200) copies shall be put in a loose-leaf folder similar to and comparable in quality to the black leatherette ring folder in which a copy of the Meridian, - 2 - Mississippi, City Code was placed, and sent to the Honorable Walter C. Kovner for inspection by him and the City officials. 5. The Company will cause the Code to be copyrighted in its name but it is hereby agreed that the City of Miami Reach shall have the exclusive right to selland distribute the Code within the city limits of the City of Miami Beach. Michie City Publications Company deserves the right to distribute copies of the Code outside the limits of Dade County, Florida. The City of Miami Beach, Florida, contracts and agrees as follows: 1. The manuscript as compiled by the City Attorney, which manuscript was displayed to the President of Michie City Publications Company at a conference in January, 1950, shall be delivered to Michie City Publications Company to be used as the Company' s Editors see fit in the preparation of the new Official Code manuscript; provided, however , that it is specifically affirmed by the City of Miami Beach and it is specifically understood and agreed by the said Company that the City does not warrant or represent the said manuscript to be accurate in form, substance, editorial content or in any manner whatsoever, and the said manuscript is not to be accepted and regarded by the Company' s Editors as constituting and consisting of accurately typed copies of the Ordinances of the City of Miami Beach, Florida, nor any part or portion thereof, but that said manuscript is delivered to the Company for whatever assistance it may be, if any, to the said Company. 2. The City of Miami Beach shall furnish Michie City Publications Company with mimeographed or typewritten copies of Ordinances of a general and permanent nature, for use by the Editors in preparing arid building the Code manuscript. 3. To pay Michie City Publications Company for all work herein contracted for, the sum of fifty-eight hundred ($5,800.00) dollars, said sum to be due and payable as follows: Fifteen hundred ($1500.00) dollars to be paid Michie City Publications Company upon the completion of the work of assembling copies of all Ordinances of a general and permanent nature and the classification of such material according to subject matter. When this phase of the work is completed , the Company' s President shall notify the Miami Beach City Attorney, in writing, and the first instalment, namely, fifteen hundred ($1500.00) dollars shall then be due and payable; the second instalment of two thousand ($2000.00) dollars shall be due and payable upon the delivery of the new Code manuscript, exclusive of the general index, and the inspection and approval of same by the City Attorney; the third and final payment, namely, twenty-three hundred ($2300.00) dollars shall be due and payable upon the completion of all work herein contracted for and the delivery of the two hundred (200) loose-leaf bound copies of the Completed Code. 4. To pay the delivery charges of the shipment of the two hundred (200) loose-leaf copies of the Code from Charlottesville, Virginia, to Miami Beach, Florida. ' IN TESTIMONY WHEREOF, the said Michie City Publications Company, party of the first part, has caused this agreement to be executed in its name by its President and attested by its Secretary, and its corporate seal to be attached, all by order of its Board of Directors duly given, andthe said City of Miami Beach, Florida, party of the second part, has likewise caused this agreement to be executed in its name by its Mayor and attested by its City Clerk and its corporate seal to be attached, all by order of its City Council, this the day and year first above written. MICHIE CITY PUBLICATIONS COMPANY By ATTEST: President Secretary CITY OF MIAMI BEACH By Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney - 4 I •r- CV c •H (1) 'd c0 cd CJ .-0 f~ r-i -P C� 4-{ Q) 0 ri • 0 4-t 4r-1 N 4-3 0 a) C'3 H ti 0 a) cd.0 .0 0 0 0 Q +PU H -I a) +) 0 n a) U O +, rf) X300 [z� • •ri 0 •ri 'd (2Ci N 4) •ri 0 •ri �' +> cd c6 O 0 0 •ri a) ri a) -P a) H ri 0 • .Q'd �, • cd t7 O Ci ( �, 0 0