HomeMy WebLinkAboutAgenda Report - August 21, 2013 I-02AGENDA ITEM-10*#L
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AGENDA TITLE: Introduce an Uncodified Ordinance Amending Lodi Municipal Code
Chapter 16.24 — Improvements, by Repealing Section 16.24.040 "Streets"
in its Entirety; and Further Amending Chapter 16.40 — Reimbursements
for Construction, by Repealing Sections 16.40.010 "Findings and
Purpose" and 16.40.020 "Improvements to be Reimbursed" in their
Entirety
MEETING DATE:
PREPARED BY:
August 21, 2013
City Attorney's Office
RECOMMENDED ACTION: Introduce an uncodified Ordinance amending Lodi
Municipal Code Chapter 16.24 — Improvements by
repealing Section 16.24.040 "Streets" in its entirety; and
further amending Chapter 16.40 — Reimbursements for Construction by repealing Sections
16.40.010 "Findings and Purpose" and 16.40.020 "Improvements to be Reimbursed" in their
entirety.
BACKGROUND INFORMATION: At the February 20, 2013 City Council meeting, Council
adopted Ordinance 1869 adopting the new Zoning Code.
At the same time, Council adopted Ordinance 1870 which
revised several sections of the old Title 16 that were subsumed within new Title 17 (Title 16 no
longer exists though most of the sections have been renumbered and appear in Title 17). Staff
inadvertently overlooked that the Title 16 changes should have been made in their new Title 17
location. This uncodified ordinance will clean up the Title 16 changes by eliminating them. A
second item will make the changes these sections made to Title 16 to their new locations in Title
17.
Staff recommends that the City Council introduce the ordinance repealing the referenced
municipal code sections.
FISCAL IMPACT: N/A
FUNDING: N/A
APPROVED:
Bartlam, City
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE CHAPTER 16.24 — IMPROVEMENTS — BY
REPEALING SECTION 16.24.040 "STREETS" IN ITS ENTIRETY; AND
FURTHER AMENDING CHAPTER 16.40 — REIMBURSEMENTS FOR
CONSTRUCTION — BY REPEALING SECTIONS 16.40.010, "FINDINGS AND
PURPOSE," AND 16.40.020, "IMPROVEMENTS TO BE REIMBURSED"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 16.24 — Improvements — is hereby amended by
repealing Section 16.24.040 "Streets" in its entirety.
SECTION 2. Lodi Municipal Code Chapter 16.40 — Reimbursements for Construction — is
hereby amended by repealing Section 16.40.010 "Findings and Purpose"; and Section
16.40.020 "Improvements to be Reimbursed" in their entirety.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 4. 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 toward 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 5. 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 6. This uncodified ordinance shall be published one time in the "Lodi News -
Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi and
shall be in force and take effect 30 days from and after its passage and approval.
Approved this day of , 2013
ALAN NAKANISHI
Mayor
Attest:
RANDI JOHL-OLSON
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl-Olson, City Clerk of the City of Lodi, do hereby certify that uncodified Ordinance
No. was introduced at a regular meeting of the City Council of the City of Lodi held August
21, 2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held , 2013, 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.
RANDI JOHL-OLSON
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
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