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Home My WebLink AboutAgenda Report - August 20, 2014 I-01AGENDA ITEM =400 , JM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 2.12 - City Manager, by Repealing and Re-enacting Section 2.12.040 "Bond" in its entirety. MEETING DATE: August 20, 2014 PREPARED BY: Risk Manager RECOMMENDED ACTION: Introduce Ordinance Amending Lodi Municipal Code Chapter 2.12 - City Manager, by Repealing and Re-enacting Section 2.12.040 "Bond" in its entirety. BACKGROUND INFORMATION: At the present time Lodi Municipal Code Section 2.12.040 states, "The city manager shall furnish a surety company bond to be approved by the council in such sum as may be determined by the city council." This section of the Municipal Code was adopted March 24, 1948. Since that time, language in the insurance industry has changed. Staff recommends replacing the term "surety company bond" with, "fidelity bond" to more accurately reflect insurance industry terminology. FISCAL IMPACT: This revision to the Municipal Code has no effect on the price of the premium the City must pay for any bond or insurance policy purchased in lieu of a bond. FUNDING AVAILABLE: Attachments APPROVED: None Required. Zk J. Evans Manager Stephen-SchWabauer, City Manager ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.12 "CITY MANAGER" BY REPEALING AND REENACTING SECTION 2.12.040 "BOND" IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Section 2.12.040 "Bond" is hereby repealed and reenacted and shall read as follows: The City Manager shall furnish a surety GOMp nyfidelity bond to be approved by the City Council in such sum as may be determined by the City Council from time to time by Resolution. Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect September 19, 2014, which date is at least 30 days after the passage of this ordinance. Approved this day of , 2014 PHIL KATZAKIAN Mayor Attest: JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held August 20, 2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2014, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: Lodi City Attorney's Office By: JANICE D. MAGDICH City Attorney JENNIFER M. ROBISON City Clerk 2 IOFC U dao SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-_6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1896 & 1897 SATURDAY, AUGUST 23, 2014 TEAR SHEETS WANTED: One ( 1) Please. SEND AFFIDAVIT AND BILL TO: JENNIFER M. ROBISON, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 21, 2014 ORDERED BY: JENNIFER M. ROBISON CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Faxed to the Sentinel at 369-1084 at r AM (ti") on 1l {date} (pl) LNS Phoned to confirm CeWpt of all pages at [ti } JMR ES (WtWs). N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1896 AN ORDINANCE OF -THE LODI CITYCOUNCILAMENDING LODI-MUNICIPAL CODE CHAPTER 17.52, "TENTATIVE MAP FILING AND PROCESSING," BY REPEALING AND REENACTING SECTION 17.52.120 (13)(1), "APPLICATION CONTENT," RELATING TO VESTING TENTATIVE MAPS. The purpose of this ordinance is to require additional information be provided for projects requesting a vesting tentative map in order to determine impacts to City infrastructure and services, as well as requiring the inclusion of construction plans. Introduced August 6, 2014; adopted August 20, 2014; and effective September 19, 2014. AYES: Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.040, "BOND," IN ITS ENTIRETY. The purpose of this ordinance is to amend the Lodi Municipal Code chapter relating to bonds by replacing the term "surety company bond" with "fidelity bond" to more accurately reflect insurance industry terminology. Introduced August 20, 2014. Adoption will be considered September 3 2014._ AYES: Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. Jennifer M. Robison, City Clerk City of Lodi August 21, 2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. ti a DECLARATION OF • D9�IFOR�v ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.040, "BOND," IN ITS ENTIRETY On Thursday, August 21, 2014, in the City of Lodi, San Joaquin County, California, a certified copy of a Ordinance No. 1897 (attached hereto, marked Exhibit "A"), was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 21, 2014, at Lodi, California. r � e �nnifer obison, CMC ity Clerk ordsummaries\aadecpost2. doc ORDERED BY: JENNIFER M. ROBISON CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.040, "BOND," IN ITS ENTIRETY ------------------------------------------------------------------- ------------------------------------------------------------------- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1, Lodi Municipal Code Section 2.12.040, "Bond," is hereby repealed and reenacted and shall read as follows: The City Manager shall furnish a fidelity bond to be approved by the City Council in such sum as may be determined by the City Council from time to time by Resolution. Section 2. No Mandatory duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severabildy. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect October 3, 2014, which date is at least 30 days after the passage of this ordinance. Approved this 3rd day of September, 2014 PHIL KATZAKIAN Mayor Attest: JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify -that Ordinance No. 1897 was introduced at a regular meeting of the City Council of the City of Lodi held August 20, 2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 3, 2014, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1897 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: Lodi City Attorney's Office By: JANICE D. MAGDICH City Attorney JENNIFER M. ROBISON City Clerk 2