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HomeMy WebLinkAboutAgenda Report - February 21, 1996AGENDA TITLE: Ordinance No. 1625 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 16.40, Section 16.40.050-A.-4, Relating to Reimbursement Agreements" MEETING DATE: February 21, 1996 PREPARED BY: City Clerk RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City Council to adopt Ordinance No. 1625. BACKGROUND INFORMATION: Ordinance No. 1625 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 16.40, Section 16.40.050-A.-4, Relating to Reimbursement Agreements" was introduced at the regular City Council meeting of February 7, 1996. Pursuant to State statute, ordinances may be adopted five days after their introductions following reading by title. This Ordinance has been approved as to form by the City Attorney. FUNDING: None required. Attachment niferPerrin City Clerk APPROVED: ict,Z l�xon Flynn -- City Manager , ORDINANCE NO. 1625 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 16.40, SECTION 16.40.050 -A. - 4. RELATING TO REIMBURSEMENT AGREEMENTS BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Section 16.40.050 A. - 4. Reimbursement Agreements - is hereby amended to read as follows: 4. The agreement shall provide that the city will collect the appropriate charge from the properties identified in the agreement and reimburse the applicant or the applicant's heirs, successors or assigns, for a period of fifteen years from the date of the agreement only. Reimbursement Agreements to recover funds advanced by City for projects shall expire after 15 years; reimbursement charges will not be collected after that 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 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 21 st day of February, 1996 DAVID P. WARNER Mayor Attest: 914�- (A. Cj?� 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. 1625 was introduced at a regular meeting of the City Council of the City of Lodi held February 7, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held February 21, 1996 by the following vote: Ayes: Council Members - Davenport, Pennino, Sieglock and Warner (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1625 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: jor fNDALL A. HAYS City Attorney ofCITY OF • �4 QLODI, CALIFORNIA• �FOR� ADVERTISING INSTRUCTIONS SUBJECT: ORDINANCE NO. 1625 AMENDING LODI MUNICIPAL CODE CHAPTER 16.40, SECTION 16.40.050 - A. - 4. RELATING TO REIMBURSEMENT AGREEMENTS PUBLISH DATE: WEDNESDAY, FEBRUARY 28, 1996 TEAR SHEETS WANTED: ONE AFFIDAVIT AND BILL TO: DATED: advins/forms FEBRUARY 22, 1996 JENNIFER M. PERRIN CITY CLERK ORDERED BY: LINDA S. NICHOLS DEPUTY CITY CLERK