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<br /> ~, /430 <br /> PROFESSIONAL SERVICES CONTRACT <br /> The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing <br /> under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to <br /> research, edit, and recodify the Code of the CITY OF SAN MARCOS, TEXAS, a municipal <br /> corporation duly organized and existing under state law, hereinafter referred to as the City, <br /> according to the following tenns and conditions: <br /> ~ <br /> PART ONE. . . <br /> RECODIFICATION OFTIIE ConE <br /> (1) ORDINANCES INCLUDED. MCC will, under the supervision of the City's <br /> attorney, recodify the 1970 Code as supplemented, including all ordinances currently in the <br /> existing Code. The City may forward ordinances subsequently passed for inclusion in the new <br /> Code until notice is received that the editorial work has been completed. <br /> (2) OMITTED ORDINANCES. The following ordinances, which are not of a general <br /> and pennanent nature, will be omitted from the new Code unless othemvise mutually agreed <br /> upon by MCC and the City: Appropriations; Franchises; Bonds; Vacating Street; Tax Levies; <br /> Special Elections; Contracts and Agreements; Rezoning; Personnel Regulations; Annexations; <br /> and Traffic Schedules. If any question arises as to whether a particular ordinance is of a <br /> general and pennanent nature, MCC will omit said ordinance upon approval by the City. <br /> (3) LEGAL RESEARCH A.J.'ID REVIEW. MCC will assign an attorney to work with <br /> the City's attorney. Before the conference with the City's attorney, MCC's attorney will: <br /> a) State Law. Research the Code and subsequent ordinances to be included in the <br /> new Code against state law. This process will discover inconsistencies and <br /> conflicts with, and preemptions by, the state law. <br /> b) State law references. Update all state law references and append new references <br /> as necessary. <br /> c) Case Law. Research the provisions of the Code against federal and state <br /> appellate case laws as reported in Shepard's. Any judicial decision specifically <br /> affecting the validity of an ordinance included herein shall be called to the <br /> attention of the City's attorney. <br /> d) Charter. Research every ordinance to be included in the Code against the <br /> City's Charter. Conflicts and inconsistencies with, and preemptions by, the <br /> Charter will be brought to the attention of the City's attorney. The Charter will <br /> be analyzed against state law and appropriate explanatory notes prepared. <br /> Amendments, if any, will be incorporated into the Charter. <br /> 1 <br />