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
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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