HomeMy WebLinkAboutAgenda Report - August 19, 1992 (83)CITY OF LOD-1.
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COUNCIL COMMUNICATION
A ENnA TITLE: Consideration of an uncodified ordinance establishing a 5 -MPH
speed limit a the Rivergate Homeowners' Association lagoon.
MSBTIM DATE: August 19, 1992
PRHPARED BY: City Attorney
SAD ACTION: Council consideration of the attached uncodified
ordinance establishing a 5 -MPH speed limit on the
Rivergate Hoateovners' Association lagoon.
BACKGROUND: At its Council meeting of August 5, 1992, a request was
made by Mr. Robert Stipe on behalf of the Rivergate
Homeowmere' Association for the Council to adopt an
ordinance establishing a 5 -MPH speed limit on the lagoon
owed by the Rivergate Hameovners' Association. Under Harbors and Navigation -
Code Section 660, it is necessary that the city in which a 1po8y of water is
located formally adopt an ordinance establishing speed limits on bodies of
water before such speed limit can be enforced.
The Council recently acted to establish a 5 -MPH speed limit on Lodi Lake
(Ordinance No. 1553). This matter is slightly different in that it addresses
private property, on which the City will probably not have any enforcement
capability. As such, the ordinance establishing a 5 -MPH speed limit is
uncodified, i.e., meaning it will not be placed in the Lodi Municipal Code.
This will still allow enforcement by the San Joaquin County Sheriff's Marine
Patrol.
FUNDING;: None required
Respectfully submitted.
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Bob Mcnatt
City Attorney
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APPROVED
THOMAS A PETERS40N '.CYt4d Pao*,
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ORDINANCE NO. 1554
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY V LODI
ESTABLISHING A FIVE MILES PER HOUR ( 5 -MPH) SPEED LIMIT
ON PRIVATE PROPERTY DESCRIBED AS "_`HE RIMRGATE HOMEOWNERS'
ASSOCIATION LAGOON. APP 041-290-0026
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
WHEREAS, under California Harbors and Navigation Code Section
5�0, it is necessary that a public agency in which a tc-:iy of water lies
adopt an ordinance establishing speed limits in order to make such
speed limits enforceable; and
WHEREAS, a request has been received from the Rivergate
Homeowners' Association for the City Council to adopt an ordinance
establishing a five miles per hour (5•MPX) speed limit upon the Lagoon
owned by the Rivergate Haneowners' Association located within the
Rivergate on the south bank of the Mc kelumrie Rived;
NOW. THERBFORE, 9B IT ORDAINED, as follovs:
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SECT ON I There is hereby adopted by the Codi City 6unciI an
uncodifind ordinance to read as follows:
"It shall be unlawful for any person to operate any beat, vessel
or water instz, ani upon the Riva_,�Ate Homeowners' Azsociarion
L.3goon, Sin Joaquin County Assessor's Parcel 0471-250-0026,
as shown on a map on file in the office of the Lodi City Clerk,
at a speed greacar than five miles per hour. The Rivergate
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Homeowners` Association shall be responsible for erection of
appropriate signs giving notice of such speed limit. (Harbors
and Navigation Code Section 660)"
SECTION 2. A copy of this ordinance shall be forwarded to the
Department of Boating Safety.
SECTION 3. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 4. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspargr of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
JAMBS W. PINKERTON, JR.
Mayor
Attest:
ALICE M. RRIMCHE
City Clerk
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state of California
county ok San Joaquin, Bs
I, Alice M. Reirnche, City Clerk of the City of Lodi, do hereby certify
that Ordinance NO. 1554 was introduced at a regular meeti.,ig of the City
Council of the City of Lodi held August 19, 1992 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held , 1992 by the folloving vote
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Ayes: Council M,nnbm -
Noes : Council Me nbas -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1554 was approved and signed by
the NL-,jDr on the date of its passage and the same has been published
pursuant to law.
I
ALICE M. RRIMCHE j
City Clerk
Approved as to Form
HOhSY W. McNATT
City Attorney
ORD1554/T=A.41V