HomeMy WebLinkAbout982703.tiff PROPOSAL
FOR
CODIFICATION SERVICES
TO THE
COUNTY OF WELD
DECEMBER 28, 1998
COLORADO CODE PUBLISHING COMPANY
FORT COLLINS, COLORADO
gtg:'70j
Colorado Code Publishing Company (970)498-9229 *(800)352-9229
305 West Magnolia Street,Suite 382 Fax: (970)224-1224
Fort Collins,CO 80521-2893 E-mail colocode@frii.com
'rii.com
http://www.frii.com/--colocode/
December 28, 1998
Purchasing Department
County of Weld
915 10th Street
Greeley, CO 80631
Re: Proposal for Codification Services,Bid No. 98-00233
Gentlemen:
Colorado Code Publishing Company is pleased to respond to your request for a Proposal
and offers the following:
1. Our company will organize, edit, analyze, publish and provide a final code and charter
update, as set forth in Advertisement for Bids #98-00233 dated December 1998.
1. The proposed cost for the service, including 50 books, is $14,500.00.
1. We will publish a separate reduced volume of zoning ordinances, or other special
publications at a cost of$.10 per page,together with any cost for binders and additional
services.
1. Incorporated with this letter are a proposed publishing services agreement, list of cities
and towns within Colorado for whom publishing work has been completed, a copy of a
letter showing the response to the first draft of a municipal code for the City of Lamar,
Colorado, a sample of the first draft of the Lamar Municipal Code, a sample of the
completed Greeley Municipal Code, and a sample of a reduced specialized version of
the Estes Park code. Numbering and organization for the code would be similar to that
presented in the Lamar Municipal Code.
The materials furnished represent the type of work which will be provided in response to
your Bid Request,which may be varied according to your needs. Certain features of the Proposal
need to be emphasized. Some of the features of our service are unique, are responsive to the Bid
Request and are consistent with the materials and samples which have been furnished.
• The code will be compiled in a three-inch binder which features "swing-hinge" hardware.
The color is identical to the Lamar binder provided, in medium blue. The hardware and
binder are unique and, in our judgment, offer the most suitable application for code work,
providing easy access to the code contents similar to a post binder, but without the damage
often associated with other ring or post binders. A heavy-duty D-ring binder is also available,
which would decrease the project price by$100.00.
• Our company is flexible in regard to the outcome of the work. We will publish additional
copies and special publications at a reasonable cost upon request. Once the original work is
Purchasing Department
Page 2
December 28, 1998
completed, all materials belong to the County and are available in hard copy, floppy disk or
CD-ROM versions. The code may be maintained on the County's Internet site or through the
outside source, as described in Paragraph 7c of the Proposal. Later, supplementation of the
Code will be accomplished with a complete merger of all materials into a new database, with
printed contents fully merged into the software provided.
It is our view that the work which we accomplish belongs to the entity for whom the
services are provided. The hard copy, soft copy, CD-ROM, disk or whatever medium is used,
belongs to the County and is not owned by the Publisher. Our company retains copies only for
services provided to the County, and the County may freely sell the final work, whether in hard
copy or data software form.
The work of Colorado Code Publishing Company is significantly different from other
publishers in the initial codification process. We will prepare a fully annotated first draft of the
Code, including suggested additions shown by italics and changes shown by strike-throughs,
where those incorporations and changes may be useful for your consideration. We also will
prepare a detailed letter evaluating the various additions, changes and observations, for your
consideration. After the first draft is furnished, you will be able review the work
comprehensively, and return one fully annotated first draft for completion of the final work. We
will then make all changes, incorporating new work, any new ordinances, additions and deletions
into a final publication which may be then adopted as a code by reference.
Most codifiers will ask that you send to them your existing ordinances for their review, ,
after which you will have the choice of amending and publishing each change, by ordinance. The
codifier will then take the ordinances, including those which incorporate changes, into a first and
final publication. The final publication will not be prepared as a code for adoption by reference,
instead merely reflecting a compilation of the ordinances which you have published. The result is
that every change will need to be accomplished by separate ordinance and publication or posting,
after which the final document is prepared. I am confident that if you select our company for the
publication of your Code, you will find that our process is far more comprehensive, expeditious
and cost-efficient.
In recent years, Colorado Code Publishing Company has completed numerous recodifica-
tions for Colorado municipalities. The samples of other work which have been furnished are
representative of the quality of the work which we would furnish if our company is selected as
your publisher. If selected, we will give close attention to your work and special needs. We
believe that you would be fully pleased with the process for republication and completion of the
work which you have requested.
Please advise if you have any questions. Thank you for your consideration.
Very truly yours,
144 h!, �", .<
,/
John H. Huisjen
JHH/sam
Enclosures
PUBLISHING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 1999, by and
between COLORADO CODE PUBLISHING COMPANY, a Colorado corporation, hereinafter
referred to as the "Publisher," and the COUNTY OF WELD, COLORADO, hereinafter referred to as
the"County."
WITNESSETH; upon the mutual promises, covenants and considerations furnished by the
parties hereto, it is agreed as follows:
1. Publishing Service. The Publisher agrees to undertake on behalf of the County the
publishing services which are described herein,at the price established herein.
2. Cost of Service. The total cost for the project is Fourteen Thousand Five Hundred Dollars
($14,500.00) for fifty (50) finished copies of the completed code. It is estimated that the final code
will consist of one thousand one hundred(1,100)pages in duplex form(resulting in approximately 550
sheets), including the table of contents and index. The code will be assembled in a three-inch swing-
hinge binder, with printed divider tabs, acetate first sheet and last sheet protector, in medium blue
color,with the words Weld County Code embossed on the binder in gold letters.
3. Payment. The County shall pay to the Publisher the sum of Three Thousand Six Hundred
Twenty-five Dollars ($3,625.00) upon execution of this Agreement. Within thirty (30) days after
delivery to the County of the first draft of the work, the County shall pay to the Publisher the sum of
Three Thousand Six Hundred Twenty-five Dollars ($3,625.00). The Publisher will not invoice the
County for the remaining portion of the work until completion of such work and acceptance of such
work by the County. Upon completion and acceptance of the remaining portion of the work and
receipt of the invoice from the Publisher for such services, the County shall pay to the Publisher the
balance due of Seven Thousand Two Hundred Fifty Dollars ($7,250.00).
4. Scope of Work. With regard to the work to be accomplished, the Publisher agrees as
follows:
a. Schedule for Completion. To complete the work in the time provided herein, and to
deliver the draft of the proposed code as well as other documents and finish the code according
to the schedule established herein.
b. Editorial Analysis and Ordinance Review. To examine all existing ordinances of the
County,as well as any proposed to be added to the existing code, for the purpose of determining
which ordinances are appropriate for inclusion in the code, and to revise and republish the
existing code as provided in Section 6 hereafter.
c. County Attorney Review. All of the ordinances or any other matters which are
suggested for inclusion in the code shall be submitted to the County Attorney for review,
amendment or additional work desired. All work provided by the Publisher and its final product
shall be submitted to the County Attorney for review. Any review of the work by the County
Attorney shall not relieve the Publisher of its obligations under this Agreement.
d. Adopting Ordinance. The Publisher shall prepare a draft of an adopting ordinance for
the code, which ordinance shall comply with state statutes.
5. Formatting Features.
a. Formatting options are numerous. The Publisher recommends a two-column-per-page
format and printing on both sides of each page. If a different formatting option is preferred,
there is no additional charge.
b. An expandable numbering system will be utilized, based upon the Chapter, Article
and Section number. Each page will have a header indicating the starting section number for
that page. A descriptive name, legislative history and cross-references will be provided for each
section. Tables of contents will be provided for each chapter, and an index will be created using
section headings and other key words. Reference tables will include an ordinance disposition
table, statutory reference table and a table of up-to-date pages.
b. The paper is recycled 20# bond/50# offset. The preferred color is cream, assisting in
readability;however, white offset can be substituted if desired.
6. Timetable. The procedure and timetable for codification are as follows:
a. Within one (1) month after the contract is awarded, the Publisher will assist the
County to gather the work for review with County officials.
b. The Publisher will organize and enter the existing ordinances, new ordinances and
other related materials into a computer-based word processing system for organizing, editing,
construction of tables and indexing. A substantially complete first draft and analysis will be
printed and delivered to the County within four (4) months from receipt of the work, for the
County to review,analyze and edit as desired.
c. After County review, Publisher, will confer with County officials to review additions,
changes and revisions necessary to complete the code and to supply to the County a
memorandum of the conference outcomes to be completed.
d. Within three (3) months after editing by the County and return of the work to the
Publisher, additions and corrections will then be made, and the code will be printed, assembled,
placed in binders by the Publisher and delivered to the County.
7. Computerized Copy.
a. The Publisher shall furnish the complete code in MS Word 97 for Windows or
WordPerfect software, on floppy disk to the County at the charge of Thirty Dollars ($30.00).
The complete code is also available on CD-ROM for the charge of Eighty Dollars ($80.00) per
CD-ROM.
b. The Code is available in one (1) file on CD-ROM, saved to HTML if desired, in order
to utilize the search features contained in MS Word 97 and WordPerfect 8.0.
c. If Internet access to the code is desired, access will be provided through Book
Publishing Company, an outside source, at the direct normal cost charged to all subscribers, for
initial service and for updates through supplementation. There will be no surcharge for access
through the Publisher. The Publisher will provide supplemented work to the outside source for
update on the Website.
8. Supplementation Services. The Publisher agrees to maintain the code of the County by the
publication of loose-leaf supplements as follows:
-2-
a. Publishing Service. The Publisher agrees to provide a code supplementation service
which provides amendments to the existing County code. Such amendments shall include
revisions to the code since the date of the last supplementation, including the changes in text,
table of contents, index and legislative history.
c. Editorial Analysis. The Publisher will analyze the changes that are included in the
adopted ordinances to determine their effect on the existing code. All affected pages, including
table of contents and index pages, will be replaced as part of the supplement. The Ordinance
Disposition Table and Table of Up-to-Date Pages will be updated with each supplementation.
b. Schedule for Publication. The Publisher agrees that, upon receipt of the ordinances
from the County, it will undertake and complete a draft of the supplementation within forty-five
(45) days thereafter and deliver the draft for review by the County. After approval or notice by
the County, the supplementation, revised if necessary, will be prepared within fourteen (14)
calendar days and delivered to the County for distribution.
d. User Assistance. Each supplement will contain an information sheet to assist the
individual user in posting the supplement. Instructions will be provided for removal of dated
pages and insertion of new pages.
e. Cost of Services. The cost for each supplemented page is Twenty-three Dollars
($23.00)per page for each set. A page is considered to be the area on one (1) side of a sheet of
paper. The number of sets of each page will correspond with the number of codes provided to
the County under Paragraph 2 above. The cost for tables, charts, graphs, algebraic formula and
other data requiring additional graphic preparation will be added to the above costs. The cost
per request is Thirty Dollars ($30.00) for an updated code on disk, and Eighty Dollars ($80.00)
for an updated code on CD-ROM.
f. Payment. The County will promptly pay for costs of publication services within thirty
(30)days after receipt of the Publisher's invoice.
g. Mailing. Upon completion of the work, the Publisher will mail the completed
supplements to the County for distribution. Costs of shipping and handling shall be paid by the
County.
9. Term. The term of this Agreement shall be in effect for a period of one (1) year and shall
be automatically renewed thereafter for succeeding one-year terms until five (5) years hereafter unless
sooner terminated. The County may terminate the Agreement upon sixty (60) days' written notice.
The Publisher may terminate the Agreement after one (1) year upon sixty (60) days' written notice.
The parties may at any time modify the terms of this Agreement in writing.
-3-
IN WITNESS WHEREOF, the Publisher has caused this Agreement to be executed by its
officers and affixing the corporate seal thereto, and the County has caused this Agreement to be
executed by its officials and affixing its seal thereto,the day and year first above written.
COLORADO CODE PUBLISHING COMPANY
By i „ lJ. /
j John H. Huisjen, President
A PEST:
Sherry A. cWethy, Secretary
(SEAL)
COUNTY OF WELD, COLORADO
By
ATTEST:
County Clerk
(SEAL)
-4-
ADDITIONAL INFORMATION FOR
REQUEST FOR BIDS
WELD COUNTY CODE
Staff Qualifications:
1. The law editorial staff is John Huisjen, principal and co-owner, attorney in Colorado
since 1972 with significant municipal experience as attorney for the Town of Windsor and
attorney for the City of Fort Collins. He regularly attends Colorado Municipal League attorney
conferences, and other continuing education related to municipal law. He provides review and
comment on all codes published by Colorado Code Publishing Company, including detailed
letters and analyses of codes when drafted and completed.
2. Sherry McWethy, principal and co-owner, has had years of experience as a legal
secretary and legal assistant for municipal attorneys in Estes Park, Windsor and Fort Collins, and
her education includes a Bachelor's degree in office management and languages, with an
emphasis in legal. She attends seminars in the legal field and is active in a bi-level professional
association for legal support staff. She is office manager and editor.
3. The support staff includes the following: Molly Davis, CMC/AAE, CRM,
proofreader; and two additional support staff, who have over eight (8) combined years of
experience in codification, recodification and supplementation work, including basic analysis,
scanning and/or word processing of codes and ordinances, preparation of first drafts and final
codes and estimation and preparation of supplements.
4. No work is subcontracted out.
5. The project contact person is Sherry McWethy, principal and owner, who can be con
tacted at 800-352-9229.
Basic Conditions
1. Progress payments have been addressed in the Proposal at Paragraph 3.
2. John Huisjen will be available for appearance at the request of the interview board or
the Board of County Commissioners.
Colorado Code Publishing Company (970)498-9229 *(800)352-9229
305 West Magnolia Street,Suite 382 Fax: (970)224-1224
Fort Collins,CO 80521-2893 E-mail colocode@frii.com
http://www.frii.comt-colocode/
LIST OF COLORADO CLIENTS
December 1998
RECODIFICATION, REPUBLICATION AND/OR SUPPLEMENTATION,MUNICIPAL CODES:
Aguilar Hudson
Ault Johnstown
Basalt Keenesburg
Black Hawk Kersey
Bow Mar Kiowa
Brighton La Junta
Broomfield Lamar
Buena Vista LaSalle
Castle Rock Mead
Central City Minturn
Craig Mountain View
Dacono Nederland
Eaton Palisade
Estes Park Parachute
Fairplay Parker
Firestone Pueblo
Fort Collins Red Cliff
Fort Lupton Silverthorne
Fort Morgan Silverton
Frederick Snowmass Village
Georgetown Springfield
Gilcrest Superior
Greeley Windsor
Green Mountain Falls
OTHER SERVICES:
Denver Building Code Amendments Golden(indexing only)
Fort Collins Land Use Code Telluride (electronic medium only)
Garfield County (Zoning Ord.)
12/98
CLIENT CONTACTS
MUNICIPALITY CONTACT PERSON TELEPHONE
Basalt, Colorado Pam Schilling 970-927-4601
Black Hawk Deborah Yancy 303-582-5221
Brighton Marianne Thomas 303-655-2012
Broomfield Tricia Kegerreis 303-438-6330
Central City Jennifer Nowak 303-573-0247
Craig Shirley Seely 970-824-8151
Estes Park Vickie O'Connor 970-586-5331
Firestone Trudy Peterson 303-833-3291
Fort Collins Wanda Krajicek 970-221-6515
Fort Lupton Barbara Rogers 303-857-6694
Fort Morgan Nancy Lockwood 970-867-4310
Frederick Karen Borkowski 303-833-3039
Gilcrest Linda Symington 970-737-2426
Greeley Betsy Holder 970-350-9742
Hudson Judy Larson 303-536-9311
Johnstown Diana Seele 970-587-4664
Keenseburg Cheryl Jesser 303-732-4281
Kersey Marlene Hookom 970-353-1681
Kiowa Terry DuVall 303-621-2366
La Junta Janice Schooley 719-384-5991
Lamar Betty Mauch 719-336-4376
Mead Judy Hegwood 970-535-4295
Pueblo Gina Capritta-Dutcher 719-584-0840
Silverthorne Michele Karlin 970-262-7300
Snowmass Village Trudi Worline 970-923-3777
Superior Phyllis Hardin 303-499-3675
Telluride Mary Jo Schillaci 970-728-3071
Windsor Cathy Kennedy 970-686-7476
Colorado Code Publishing Company (970)498-9229 * (800)352-9229
305 West Magnolia Street,Suite 382 Fax: (970)224-1224
Fort Collins,CO 80521-2893 E-mail colocode@frii.com
http://www.frii.com/—colocode/
December 8, 1998
Ms. Betty Mauch, City Clerk
102 East Parmenter
Lamar, CO 81052
Re: Republication of Lamar Municipal Code
Dear Ms. Mauch:
Enclosed are four sets of the first draft of the Lamar Municipal Code. The draft is
furnished to the City for your review and editing as desired. After your work is
completed and we receive your input and advice, we will assemble and print the final
Code for your adoption.
The first draft of the Code is provided to show you the following:
1. The proposed layout, style and format:
a. Title page, substantially completed;
b. Officials page, substantially completed;
c. Supplementation page, substantially completed;
d. Preface, substantially completed;
e. Code Table of Contents, substantially completed;
f. Chapters 1 through 18 of the Code, substantially completed;
g. Ordinance Disposition Table, substantially completed;
h. Table of Up-to-Date Pages, to be completed later; and
i. Index, to be provided shortly, with modification at a later date to
include changes and additions.
2. The content of the Code is taken from the following sources:
a. Existing Lamar Municipal Code, updated through 1986;
b. Existing ordinances which have been provided for general legislation
from Ordinance No. 839, 1986, through Ordinance No. 996, 1998;
c. Additions submitted by the Publisher, added in italics for your review
and approval,if desired;
Ms. Betty Mauch
December 8, 1998
Page 2
d. Deletions of material which is repetitious or recommended for deletion
because of inconsistency or where replaced by other additions; and
e. Ordinances adopted after Ordinance 996, adopted in 1998, will be
included in the final Code, before adoption.
3. The draft of the Code is completed in binders which are lettered: Lamar
Municipal Code. Additional binders will be furnished to complete the order
when the final code is completed.
4. After you have reviewed the Code and the final changes are completed, the
Code will be reprinted in the same style and format as the draft; however
there will be the addition of the ordinance that adopts the Code by reference.
In your review, remember that this is a first draft only, and while it may represent a
substantial portion of the work, necessary changes may be incorporated. When we are
able to proceed to the final Code, tables, graphs and charts will be completed in their final
form.
When reviewing the Code, note:
1. Each section should have an accurate, descriptive title.
2. Each section should have a reference for its authority (either the previous
code or a later ordinance which is identified by number). The additions in
italics which are added or submitted will have the number of the ordinance
which adopts the Code on final approval, as authority for those additions.
3. The Chapter Tables of Contents should have every section represented by
number and title. The Chapter Table of Contents is very helpful in assisting a
user to find within the chapter the various topics and code sections, identified
by section name.
4. The Ordinance Disposition Table should show the location within the Code
of those sections of the previous code and the ordinances included in this
draft.
5. The Index should contain references to each section by section title and
number.
6. Within the draft of the Code there are suggested deletions shown in strike-
throughs and suggested additions are shown in italics. The material in italics
is provided as a sample to show you additional contents which you may
choose to either add, edit or delete in the final draft. In some cases, the
material in italics may be inconsistent with other provisions of the Code
which have been previously adopted; however, if you adopt the material in
italics it will be reconciled with the other materials in the Code upon final
printing.
Ms. Betty Mauch
December 8, 1998
Page 3
When the Code is completed in final form, each page will have a header,
identifying the beginning section number on that page. The header on each page is
valuable in assisting the user to find the various sections, once a search is initiated using
the Index or Chapter Table of Contents.
Please review the first draft and provide one fully annotated copy for our use for
preparation of the final draft. Included with this letter is our list of questions and
comments regarding the first draft.
After your final review of the draft of the Code, the Code will be revised with your
changes and additions. All ordinances to the date of the ordinance which adopts the Code
will be included in the final Code.
Upon the completion of the final Code, you will need to follow the statutory
procedures for adoption of a code by reference. You will be required to advertise and
hold two public hearings and adopt the Code as an ordinance in your normal practice.
The final Code will contain the ordinance which adopts the Code, including the separate
penalty clauses, as required by statute. We will furnish a sample of the notice of public
hearing and will also prepare a draft of the ordinance which adopts the Code, for your
review. We will work with you to ensure that the Code adoption process goes smoothly.
We are looking forward to your review and comments regarding the Code. Please
advise us if we may assist you further by answering questions or providing additional
information.
Very truly yours,
John H. Huisjen
JHH/sam
Enclosures
FIRST DRAFT
LAMAR MUNICIPAL CODE
DECEMBER 1998
CHARTER NOTES
In reviewing the contents of the Charter, certain discrepancies were noted.
a. Capitalization of words and titles was inconsistent throughout the Charter. Mayor, Council member,
City and City council are some examples. Please review Section 3.2 specifically for proposed
changes in capitalization.
b. References are made to Councilmembers, councilmen and Council members. It may be desirable to
make these references consistent at some point.
c. Use of numbers was inconsistent throughout the Charter, sometimes words, sometimes figures,
sometimes both.
d. There were some inconsistencies between the Charter contained in the code book and the Charter
contained in the separate blue bound book from 1962. For example, Section 4-2 in the second
paragraph referred to twenty-five per cent in the code book version and to twenty-five per centum in
the blue book. The terms should be changed to percent for consistency, if approved by the City. The
term has been changed and shown with italics where indicated.
e. At Section 7-1,the heading does not capitalize hoard and the Utilities Board of the City is capitalized
in the text. In Section 7-2, the board of utilities commissioners is not capitalized.
f. At Section 7-2 in the second sentence,please review the change of the word and to the word an. The
blue version of the Charter contained the word an.
g. In Section 7-3, Subsection (c) could have the subtitle of Vacancies added to be consistent with the
remaining subparagraphs.
h. At Section 7-3(d), amended by Ord. 873A, the word emplouee as it appeared in the ordinance was
corrected to be employee.
i. At Section 9-2 in the first paragraph, also amended by Ord. 873A, the first sentence had a
typographical error and originally read members to the appointed by council; the word the was
changed to be wording in the ordinance appeared as of no other office of position. It has been
corrected to read office or position. The Charter in the code book correctly had the words as they
appear in this draft.
j. In Article X, Part 3, there is a paragraph with no heading or section number appearing before Section
10-5. It may be desirable to supply a heading, for purposes of locating this provision in the table of
contents and index.
k. Near the end of Section 11-8, the word ensuring was changed to ensuing, as the correct word
appeared in the blue version of the Charter.
1. In Section 11-10(a)(1), the Charter contained in the code book did not contain any semicolons. After
checking the blue version of the Charter,the semicolons were reinstated for clarity.
m. Please review the suggested capitalization at Section 11-29, which had been amended by Ord. 880.
n. At Section 13-4, it is proposed that the word contractural be changed to contractual.
o. Generally, we did not make any changes of substance in the Charter because changes must be
approved by the voters. However, you may be able to provide direction for minor errors or
inconsistencies.
MUNICIPAL CODE NOTES
In order to make the Code consistent throughout, certain changes were made without specifically noting
them in these notes, and certain changes are suggested to be made. Most deal with format, style and
grammar, not affecting the content of the Code. These changes are discussed below:
1. Words such as Code, Section, Chapter, City, Mayor, City Council, City Manager, Municipal Court,
Fire Chief and Chief of Police, together with various City officials and departments, have been
capitalized, and the titles of offices have been made consistent. Please verify, for instance, whether it
is Chief of Police or Police Chief. References to the clerk-administrator were changed to City Clerk.,
and references to the judge were changed to Municipal Judge..
2. Certain terms, words and phrases have been changed for consistency throughout the Code. In Section
1-2-10, the words City, person, State and other terms were defined. The subsequent use of those
terms was amended for consistency; i.e., Lamar was amended to read the City, and State of Colorado
was amended to read the State. Gender references were standardized to he or she. For the most part,
these changes were not made with strike-throughs/italics, in order to facilitate reading of the Code.
3. The use of punctuation, such as commas appearing in a series and the use of semicolons, were made
consistent without any marks.
4. Numbers and dollar amounts have been standardized to be spelled out with the number or dollar
amount following in parentheses.
5. References to Colorado Revised Statutes throughout the Code have been standardized to meet the
citation requirements.
6. Where there is a reference to a secondary code adopted by reference, such as Section 8-1-10, the
requirement for the City Clerk to keep three copies on file has been changed by state statute, and only
one copy of such code is required to be maintained on file by the City Clerk. See Section 31-16-206,
C.R.S. These changes may be made upon recodification if desired.
7. The paragraph outline was inconsistent in the prior code and new ordinances. Paragraph numbering
has been changed to the(a), (b) style with subparagraphs of(1) and (2). If there was an introductory
unlettered paragraph, the subparagraphs were numbered (1), (2), etc. All cross-references were
checked to be consistent with the change.
8. The use of prepositions when incorrect, such as of for or, was changed, showing both the original and
the corrected words. These changes should be reviewed. Obvious spelling or clerical errors have
been corrected without marking such corrections.
-2-
9. References to time of day, such as ten p.m., have been changed consistently to read 10:00 p.m.
10. Wherever suggested changes are made, the existing language is shown in strike-through style, and
suggested language is shown in italics.
11. Section headings have been simplified where possible, in order to assist in making comprehensive
tables of contents for each chapter.
12. Penalty sections which contained the same penalty as the General Penalty in Section 1-4-20 have
been amended to refer to the general penalty provision.
13. Chapter 1 contains many revisions and deletions which are normal for the adoption of a new
municipal code. Many of these changes provide for the adoption of the code and provide for
consistency with regard to the later amendment and codification of any changes. Please review all of
these changes to judge whether the inclusions and deletions are appropriate. Also, new material may
be added, as well, if you would require other additions or clarification in the existing work.
14. Section 1-1-50 concerns the repeal of ordinances in conflict with the provisions contained in the
Code. There are many options regarding this particular section. Perhaps it is desirable to repeal
every ordinance of a general and permanent nature which is not contained within the Code, subject to
Section 1-170, containing the ordinances saved from repeal.
15. Section 1-3-20 authorizes City officials to designate agents to perform the work; therefore, references
throughout the Code to designee or authorized representative have been struck through. Also, as the
word person was defined in Section 1-2-10(13), references to person,firm or corporation have been
changed to refer only to person.
16. Section 1-4-20 establishes the general penalty at $300 and 90 days. If the Municipal Court
established in the Charter is a qualified court of record, the penalty amount could be increased to
$1,000 and 180 days. According to the provisions in the Charter and in Chapter 2, Article III, that is
not the case. The general penalty section in Chapter 1, Article IV, gives added substance to the Code.
Section 1-4-30 pertains to juveniles and is in the form of an ordinance commonly adopted by other
cities and towns. The Municipal Court is not a qualified court of record; therefore, the general
penalty at Section 1-4-20 was established at $300 fine and up to 90 days of imprisonment.
Throughout the Code, whenever a penalty was established, reference has been made to the penalty as
set out in Section 1-4-20.
17. Please review the provisions of Sections 1-4-30 and 1-4-50. It may be desirable to combine the two
sections and revise the contents of Section 1-4-50.
18. Chapter 2, Article XIII, the base language originated from Ords. No. 959 and 965 in 1996, and the
rates were established in Ordinance 874, 1989. Neither 959 nor 965 specifically addresses or repeals
Ord. 874; however, it was assumed that these rates are no longer in effect.
19. Section 4-1-10(14)(k), in the definition of Purchase or Sale, please review the first complete sentence
starting with To such extent . . . and advise.
20. At Section 4-1-250, Subsection (d) was derived from Ord. 577 §25-5. Ord. 917 at Section 9 amends
25-5,then in Section 14 repeals 25-3, 25-5 and 25-6. The amended provisions of§25-5 were retained
as 4-1-250(d). Please review.
21. At Section 4-2-10,the most recent amending ordinances, Nos. 754 and 881, had deleted some words.
They were added back in using italics, for review by the City.
22. At Section 4-2-90(d), the second sentence is not complete. Please review and determine whether
there are missing words (from Ord. 905 §4).
-3-
23. Chapter 5 contains the terms for franchises and community systems taxes. Although the underlying
ordinances for the creation of these franchises and taxes are seldom changed, many municipalities
prefer to have this material contained within the Municipal Code for reference convenience.
24. Chapter 6 contains provisions for business licenses and regulations. Generally, this chapter contains
all of the appropriate regulations or licenses for business activities.
25. Some sections, such as 6-3-90 and 6-4-60, should be reviewed for determination of whether these
provisions are needed. -
26, Chapter 7 contains matters pertaining to health, sanitation and animals. Please review that chapter for
inclusion of the topics which are appropriate. In the event that new provisions are included, those
provisions will be harmonized with the materials which are remaining.
27. Chapter 8 concerns vehicles and traffic and should be reviewed to determine if the proposed
organizational table is acceptable.
28. Section 8-1-10 adopts the 1995 Model Traffic Code. Use of seatbelts is covered in the MTC;
therefore, the provisions of Ord. 855 §2 are proposed for deletion. The provision for handicapped
parking is proposed for deletion for the same reason.
29. At Section 8-1-10, it is required that only one copy of the adopted code be maintained on file. The
provision for three copies could be changed to one copy if desired.
30. Chapter 10 contains provisions in the nature of general offenses. Please review that chapter carefully
to determine if the suggested language is appropriate. Also, consider the organization of the specific
sections within each of the article titles. The additional materials submitted are samples of ordinances
adopted by other cities and towns and, again, if they are considered appropriate for the City,they may
be added as a part of the final code. It is important for the City Attorney, Municipal Judge and Chief
of Police to review this chapter in detail.
31. Please review the provisions of Section 10-4-10 where the language concerning disturbing the peace
has been struck through and language regarding disorderly conduct, based on state statutes, has been
proposed for adoption.
32. Chapter 11 contains language pertaining to streets, sidewalks and public property. Included is
language at Section 11-1-140 regarding snow removal.
33. Various sections in Chapter 11, including Sections 11-4-50, 11-4-60, 11-4-90 and 11-4-320, are based
upon Ord. 953. Please provide the year of adoption, as the signature page was not included in the
documentation.
34. In Chapter 13, reference is made to both the Superintendent of the Water Department and to the
Water Superintendent. Please advise which title is correct.
35. Chapter 15 was created for annexations. That Chapter could be deleted entirely if it is not useful.
36. At Section 16-1-10(25),the definition of day nursery was inserted from Ord. 890 and cross-references
added. Please review.
37. Section 16-1-20(a) adds the Zoning Map as part of the Code. It has not been included as a graphic
unless the City specifically wants it included. Please advise.
38. Section 16-1-20(b) contains the reference to Section 210. of Ordinance Number 839 of the City of
Lamar, Colorado. This cite could be changed to "Section 16-1-20 of the Lamar Municipal Code if
desired.
-4-
39. Section I6-18-10(c) contains a phrase in the middle regarding any public street in the City of the
planning area. The phrase planning area also shows up at Section 16-4-20(4)b9. Perhaps the first
reference at Section 16-18-10(c) should be or the planning area. Please review wording for
correctness.
40. At Section 16-22-240O), please review the proposed rewording at the end regarding the hearing, and
determine whether notice is published 15 consecutive days before the hearing (15 times) or whether
notice is published once, at least 15 days before the hearing.
41. Sections 17-1-50(c) and 17-1-60(a)(1) refer to an attached sample plat. Rather than attaching the
sample plat to this Code, it could be incorporated by reference into the Code if desired, or wording
could be added that the sample plat is available in the Planning Department, and reference to the
sample being attached could be deleted. Please advise.
42. Section 17-3-10 and other sections contain references to the Governing Body, which was defined as
either the City Council or County Commission. Please review whether the Governing Body should be
the City Council in these cases.
43. Chapter 18 adopts various secondary codes for use by the City. Please review the years of the codes
to be adopted for accuracy. For instance, the Building, Mechanical, Plumbing, Fire, Dangerous
Buildings, Housing and Sign Codes have 1997 editions; the Electrical Code could be updated to
1996; and the CABO Dwelling Code has a 1998 edition. If the more recent versions are adopted, the
amendments should be reviewed for each code.
44. The Disposition of Ordinances Table can be used to locate the contents of a certain ordinance. If it is
not listed on the Table,it was not included in the Code.
45. The Index, to be provided shortly, has been built generally around the section headings. Key words,
such as the general topics of Fees and Licenses, have been added. If certain key words should be
added to the Index,please advise and they will be included in the final Code.
-5-
Hello