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HomeMy WebLinkAboutAgenda Report - March 19, 1997 (63)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: An Ordinance Establishing the Exemption of the Purchase and Disposition of Vehicles from the City's Purchasing System MEETING DATE: March 19, 1997 PREPARED BY: City Attorney RECOMMENDATION: That the City Council introduce the Ordinance establishing the exemption of the purchase and disposition of vehicles from the purchasing system. BACKGROUND: The City Council has approved a comprehensive Fleet Management Policy. This policy establishes procedures relative to the purchase and disposition of vehicles. As presently constituted, the City's purchasing system as found in Chapter 3.20 applies to the purchase and. disposition of vehicles. The Council by adopting the Fleet Management Policy has established a different procedure relative to the purchase and disposition of vehicles. The purpose of this ordinance is to implement the vehicle purchase and disposition policy as it is found in the Fleet Management Policy. FUNDING: Not applicable. Respectfully submitted, Randall A. Hays, City orney j APPROVED: H. 4xon Flynn -- City Manager ORDINANCE NO. 1643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING CHAPTER 3.20 OF THE LODI MUNICIPAL CODE BY ADDING THERETO SECTION 3.20.130, RELATING TO VEHICLE PURCHASES AND DISPOSITION EXEMPTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Chapter 3.20 - Purchasing System - is hereby amended by adding thereto a new Section 3.20.130, relating to Vehicle Purchases and Disposition Exemption to read as follows: Section 3.20.130 - Vehicle Purchases and Disposition Exemption: The purchase and disposition of vehicles and certain equipment shall be exempt from this chapter. Such vehicles and equipment shall instead be purchased and disposed of pursuant to the Fleet Management Policy as adopted by resolution by the City Council from time to time. For purposes of this section only, the term "vehicles and equipment" shall be defined as including those items of personal property, the purchase and disposal of which, is governed by the Fleet Management Policy as adopted by resolution of the City Council from time to time. 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 daily newspaper 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 , 1997 PHILLIP A. PENNINO Mayor Attest: JENNIFER M. PERRIN City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1643 was introduced at a regular meeting of the City Council of the City of Lodi held March 19, 1997, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1997 by the following vote: Ayes: Council Members - Noes; Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1643 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. PERRIN City Clerk Approved as to Form: RANDALL A. HAYS City Attorney