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HomeMy WebLinkAboutAgenda Report - September 28, 1988 (72)COUNCIL T0: THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE C O M M U N I C A T I O N COUNCIL MEETING DATE SEPTEMBER 28, 1988 SUB13ECT: CONSIDER ADOPTION OF URGENCY ORDINANCE WHICH WOULD INCORPORATE BY REFERENCE THOSE REFUSE COLLECTION RATES ESTABLISHED BY ORDINANCE NO. 1412 PREPARED BY: City Attorney BACKGROUND INFORMATION: It has been noted that the refuse ordinance intro- duced at the Septeniber 7, 1988 Council meeting purports to repeal all inconsistent portions of the existing refuse ordinance. Contained in the old ordinance i s § 13.16.030 (Ordinance 1412) which establishes the schedule of rates for refuse collection. However, the rev ordinance introduced September 7 contains a new § 13.16.030 which does not relate or pertain to rates. While I don't believe this is necessarily a flaw in the new ordinance, it may be desirable to avoid confusion arising froni the renumbering, by the adoption of the attached urgency ordinance which incorporates by reference those rates established in Ordinance 1412. By doing so, all doubt is removed that the previous rate schedule remains in effect. Respectfully subini tted, BOB McNATT City Attorney BM:vc attachment CCGARB/TXTA.OIV X� ORDINANCE NO. 1436 AN URGENCY ORDINANCE OF THE LOD! CITY COUNCIL ESTABLISF;ING RATES FOR REFUSE COLLECTION WHEREAS, the Lodi City Council on September 7, 1988 introduced Ordinance 1434, amending the Lodi Municipal Code, Chapter 13.16 - Solid ;Taste -; and WHEREAS, pursuant to this amendment by Ordinance 1434, rates for refuse collection are to be set by uncodified ordinance; and WHEREAS, in order to avoid confusion based on renumbering; NOW, THEREFORE, IT IS ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Cir(ITTl1T.T 1 1. The refuse collection rates found in former Lodi Municipal Code § 13.16.030 effective March 1, 1988 (Ordinance 1412) are adopted by reference as if fully set forth herein and shall remain in full force and effect. 2. This ordinance shall become operative concurrently with Ordinance 1434. 3. The Lodi City Council hereby finds and declares that the adoption of such rates by this Ordinance is necessary to promote continued efficient refuse collection services, and is a matter of public health, safety or welfare. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This urgency ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published i n the City o f Lodi and shat I be in force and take effect immedia t c 1 y . r_ f-, - . Approved tys 28th day of September„ 1988 Y Attest: A&, �, - - - &orj, LICE M. REIMCA City Clerk State of California r,ounty of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1436 was adopted as an urgency ordinance at an adjourned regular meeting of the City Council of the City of Lodi held September 28, 1988 and was thereafter passed, adopted and ordered 'to print by the following vote: Ayes : Council Members - Hinchman, Reid, Snider and Pinkerton (Mayor) Noes : Council Members - None Absent : Council Members - Olson Abstain: Counci I Members - None I further certify that Ordinance No. 1436 was approved and signed by the Miayor on the date of its passage and the same has been published pursuant to law. Apprcved as to Form BOB McNATT City Attorney -3- ALICE I'l. RE CHE City Cierk