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HomeMy WebLinkAboutOrdinances - No. 1912ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITI-E 12 - STREETS, SIDEWAI-KS AND PUBLIC PLACES - BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI, AS FOLLOWS SECTION 1. Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places is hereby amended by repealing Chapter 12.07, "Lodi Tourism Business lmprovement District," in its entirety, and hereby declares and determines as follows: SECTION 2. AUTHORITY This ordinance is hereby introduced pursuant to the "Parking and Business lmprovement Area Law of 1989,'Streets and Highways Code Section 36500 et seq. and Resolution Number 2015-135, adopted by the Lodi City Council on August 5,2015, entitled a "Resolution of the Lodi City Council Declaring its lntention to Disestablish the Lodi Tourism Business lmprovement District." Such resolution was published and malled as provided by law and a public hearing was held by the City Council at its regular meeting on September 2, 2015, at which time all persons desiring to be heard and all objections made or filed were fully heard. The City Council duly concluded the hearing on September 2,2015. SECTION 3. AREA DISESTABLISHED The City Council finds and determines that the public convenience and necessity require disestablishment of the Lodi Tourism Business lmprovement District for reasons given in the Resolution of lntention. Pursuant to Section 36550 of the Parking and Business lmprovement Area Law of 1989, the Lodi Tourism Business lmprovement District is hereby disestablished. SECTION 4. EFFECTIVE DATE Upon its adoption, this Ordinance shall take effect on October 2,2015. Section 2 - No Mandatorv Dutv 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 othenrise imposed by law. Section 3 - Severability. lf any one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. -t- Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Sécf¡ın 5. Tñis ordiñaicé sháll bé þublishèd oñé time in the 'l-odi News-Séñtiné|," a dãily newspaper of general circulation printed and published in the City of Lodi with the names of the members voting for and against same and shall be in force and take effect 30 days from and after its passage and approval. Approved this 2nd day of September,2015. JO Mayor Attest: -fi\ry/ûr& IF FERRAIOLO City Clerk State of California County of San Joaquin, ss. l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No.1912 was introduced at a regular meeting of the City Council of the City of Lodi held August 5,2015, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held September 2, 2015 , by the following vote: AYES COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None ABSENT ABSTAIN I further certify that Ordinance No. 1912 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. NIFER Clerk as to Form D. MAGDICH City Attorney 2-