HomeMy WebLinkAboutAgenda Report - February 7, 1996 (72)*
CITY OF LODI COUNCII, COMMUNICATION
AGENDA TITLE: Consider Options for Amending Lodi Municipal Code Chapter 16.40, Section
16.40.050-A.-4., Relating to Reimbursement Agreements, and Establish Policy for
Payment of Reimbursement Agreements Entered Into Prior to Adoption of Existing
Code
MEETING DATE: February 7, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Discuss and take appropriate action on proposed options for amending
Lodi Municipal Code Chapter 16.40, Section 16.40.050-A.-4., relating to
reimbursement agreements, and establish a policy for payment of
reimbursement agreements entered into prior to adoption of the existing
Code.
BACKGROUND INFORMATION: Ordinance No. 1527, adopted November 6, 1991, added Chapter
16.40, Reimbursements for Construction, to the Lodi Municipal
Code. The purpose of the ordinance was twofold: 1) to bring the
City into compliance with Govemment Code Sections 66485
through 66489 (Exhibit A) which require that the City either pay for or enter into an agreement to
reimburse the installing party for construction of new public facilities containing supplemental size or
length for the benefit of property outside their development, and 2) to allow the City to provide
reimbursement for the construction of public facilities which benefit other properties but do not meet the
criteria (supplemental size or length) for reimbursement under the Government Code. Some
improvements are eligible for reimbursement from development impact mitigation fee funds as set forth
in Section 16.40.020-A. (Exhibit 8); others are not and require a separate agreement between the
developer and the City for reimbursement. Section 16.40.050 (Exhibit B) sets forth the provisions to be
contained in reimbursement agreements covering those improvements not reimbursed from
development impact mitigation fee funds. Paragraph A.-4. of those provisions currently reads as
follows:
"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. Beyond
fifteen years, such charges shall be collected and paid into the appropriate development
impact mitigation fee fund, except that agreements initiated by the city, the charge shall be
placed in the city fund from which the improvement was originally funded or the general fund
if the original fund no longer exists."
The stipulation that charges collected after fifteen years on private projects remain with the City
reflected past practice on reimbursement agreements entered into prior to the current ordinance. The
reasoning behind this policy was to consistently and equitably charge for all connections to public
utilities. Recent appeals of these types of charges have cast some doubt on the appropriateness of
this condition since the City did not pay for the improvements. The three options for amending the
ordinance listed below were developed by staff for Council consideration:
A r
4
APPROVED:
CLMC1640.DOC
1
/ H. Dixok Flynn -- City thnager
01/26/96
4
Consider Options for Amending Lodi Municipal Code Chapter 16.40, Section 16.40.050-A.-4., Relating
to Reimbursement Agreements and Establish Policy for Payment of Reimbursement Agreements
Entered Into Prior to Adoption of Existing Code
February 7, 1996
Page 2
1. Reimbursement agreements for private projects will expire after fifteen years and no
further reimbursement charges will be collected. Reimbursement agreements for City
projects will have no expiration date.
The rationale for the distinction between private and City projects involves the ability of
developers to recover their costs for reimbursable improvements by other means, such
as income tax deductions and property sales income. The City, however, does not have
any mechanism other than reimbursements to recover its costs. This option eliminates
the questionable practice of retention of reimbursement charges by the City in cases
where we did not pay for the original improvements.
2. All reimbursement agreements for private and City projects will expire after fifteen years
and no further reimbursement charges will be collected.
This option imposes the same terms for both City and private projects. Retention of
reimbursement charges by the City for private projects is eliminated and the term of all
reimbursement agreements is limited to fifteen years.
3. No change.
This option leaves the existing ordinance as is with the City retaining any reimbursements
collected after fifteen years.
Staff strongly recommends that Option 1 or 2 be adopted. The only distinction between the two options
is whether or not City projects will be treated the same as private projects by imposing an expiration
date on the agreements for City projects. This is a policy -setting matter for the Council. Both options
will provide a reasonable time period for developers to recover their expenses and both eliminate the
retention of reimbursement fees for private projects by the City.
A summary of the options is attached as Exhibit C.
Existing Aareements
In a related matter, staff is requesting that Council make a policy decision regarding existing
reimbursement agreements, especially those entered into prior to the existing ordinance. Unlike recent
reimbursement agreements, these agreements were not recorded. Most provide that reimbursement
charges collected within ten years of the date of the agreement be paid to the developer with all
reimbursements collected after ten years being payable to the City. Reimbursement agreements for
City funded projects have no expiration date, however, some of these agreements cover improvements
paid for by Federal Economic Development grants.
Most of the reimbursement agreements involved were entered into between 1974 and 1986. There
have also been four reimbursement agreements entered into under the new ordinance. Currently, staff
is requiring payment of reimbursement charges under the terms of these agreements as written even
though, in most cases, the money is being retained by the City. In keeping with the above
recommendation for an amendment to the existing reimbursement agreement ordinance, staff is
providing the following options for a policy -setting decision for existing reimbursement agreements.
CLMC1640.DOC 1n6/96
Consider Options for Amending Lodi Municipal Code Chapter 16.40, Section 16.40.050-A.-4., Relating
to Reimbursement Agreements and Establish Policy for Payment of Reimbursement Agreements
Entered Into Prior to Adoption of Existing Code
February 7, 1996
Page 3
1. Existing reimbursement agreements for private projects will be considered expired when the
time period for developer reimbursement expires. In other words, no monies will be collected
and retained by the City on private projects. Reimbursements for City projects will continue to
be collected, except for those projects or portions of projects funded by Federal Economic
Development or other grant monies. Reimbursements for projects or portions of projects funded
by grant monies would be considered expired.
2. Existing reimbursement agreements for private projects will be considered expired when the
time period for developer reimbursement expires. Reimbursements for City projects will be
considered expired after a period of fifteen years from the date of the agreement, except for
those projects or portions of projects funded by Federal Economic Development or other grant
monies. Reimbursements for projects or portions of projects funded by grant monies would be
considered expired.
3. No change from current policy. Reimbursements for private projects will be collected until the
entire reimbursement amount is recovered, even though the money may be retained by the City.
To assist in the decision-making process, staff has reviewed the status of the outstanding
reimbursement agreements. There are currently 52 outstanding agreements totaling $446,220 in
unpaid reimbursement charges for both City and private projects where the monies collected are being
retained by the City. Of that total dollar amount, $84,993 are for City projects, which includes $29,233
for projects funded by grants. To date, reimbursements totaling $60,684 have been collected and
retained by the City on the current outstanding reimbursement agreements for private projects.
Many of the older existing reimbursement agreements are located in industrial areas or in areas which
will not be developing for many years. These fees add to the cost of development and are difficult to
explain to prospective businesses, especially when the fees for private projects are being retained by
the City. In addition, it is unlikely that the City could ever collect the total outstanding amount. Some of
the agreements would require payment from property outside the General Plan area.
To maintain consistency with the previous staff recommendation for amending the reimbursement
ordinance and eliminating the retention of reimbursement charges by the City for private projects, staff
recommends that the Council adopt either Option 1 or 2. As with our other recommendation, the only
distinction between the two options is whether or not reimbursement agreements for City projects will
have an expiration date.
A summary of the options is attached as Exhibit D.
FUNDING: None needed.
Prepared by Sharon A. Welch, Associate Civil Engineer
Attachments
cc: City Attomey
Community Development Director
City Engineer
Senior Civil Engineer
Associate Civil Engineer - Development Services
JackIRonsko
Public orks Director
CLMC1640.DOC 1!26/96
Exhibit A
Article 6. Reimbursement
66485. Local ordinance may impose requirement that facilities
contain supplemental size or length
There may be imposed by local ordinance a requirement that improvements
installed by the subdivider for the benefit of the subdivision shall contain supplemental
size, capacity, number, or length for the benefit of property not within the subdivision, and
that those improvements be dedicated to the public. Supplemental length may include
minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that
time.
[Amended, Chapter 704, Statutes of 1983]
66486. Local agency must agree to reimburse subdivider for
oversizing
In the event of the installation of improvements required by an ordinance adopted
pursuant to Section 66485, the local agency shall enter into an agreement with the
subdivider to reimburse the subdivider for that portion of the cost of those improvements,
including an amount attributable to interest, in excess of the construction required for the
subdivision.
[Amended, Chapter 704, Statutes of 1983]
66487. Methods of payment under reimbursement agreement
In order to pay the costs as required by the reimbursement agreement, the local
agency may:
(a) Collect from other persons, including public agencies, using such
improvements for the benefit of real property not within the subdivision, a reasonable
charge for such use.
(b) Contribute to the subdivider that part of the cost of the improvements that is
attributable to the benefit of real property outside the subdivision and levy a charge upon
the real property benefited to reimburse itself for such cost, together with interest
thereon, if any, paid to the subdivider.
(c) Establish and maintain local benefit districts for the levy and collection of
such charge or costs from the property benefited.
66488. Local agency may adopt plan and map delineating
benefited areas for drainage and sanitary sewer
facilities and establishing charges
Any local agency within a local drainage or sanitary sewer area may adopt the plan
and map designated in Section 66483 and impose a reasonable charge on property within
the area which, in the opinion of the legislative body, is benefited by such drainage or
sanitary sewer facilities. The charge collected must be paid to the local agency or
subdivider constructing such drainage or sanitary sewer facilities, and any local agency
within the drainage or sanitary sewer area may enter into a reimbursement agreement with
the subdivider.
66489. Local agency may establish benefit area for bridge and
major thoroughfare improvements
Any local agency may establish an area of benefit pursuant to Section 66484 and
may impose a reasonable charge on property within the area which in the opinion of the
legislative body, is benefited by the construction of the bridge or major thoroughfare. The
charge collected shall be paid to the local agency or subdivider constructing the bridge,
and any local agency having jurisdiction over any property which, in the opinion of the
legislative body, is benefited by the construction of the bridge or major thoroughfare may
enter into a reimbursement agreement with the subdivider.
77
Exhibit B
ORDINANCE'PREPARED BY PUBLIC WORKS DEPARTMENT
ORDINANCE NO. 1527
AN ORDINANCE OF THE LODI CITY COUNCIL
RELATING TO PUBLIC IMPROVEMENT REIMBURSEMENTS FOR CONSTRUCTION
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Chapter 16.40 is hereby added to Title 16 - "Subdivisions"
of the Lodi Municipal Code to read as follows:
Chapter 16.40
Reimbursements For Construction
16.40.010 Findings and Purpose.
The Council hereby finds and declares as follows:
A. 'Construction of new streets and water, sewer and storm
drains often benefits other properties. Such benefit may occur through
the provision of supplemental capacity (oversize lines) or installations
across or opposite unserved property which would be required to make
such improvements upon development or service connection.
B. The State of California, in Government Code Sections 66485
through 66489 requires that the City either pay for or enter into an
agreement to reimburse the installing party, including an amount
attributable to interest for such installations. To pay the costs as
required by the reimbursement agreement, the City may collect funds from
the other properties which benefit from such installations.
-1-
ORD1527/TXTA.02J
Exhibit B
C. The City of Lodi has adopted a Development Impact Mitigation
Fee ordinance (Chapter 15.64 of the Lodi Municipal Code) which provides
for reimbursement and collection of funds under only a portion of the
circumstances described in (A) above.
D. The purpose of that chapter is to identify the improvements
which are reimbursable under the Development Impact Mitigation Fee program
and to provide a uniform reimbursement procedure for the cost of
improvements which are to be reimbursed from other properties. For
purposes of this chapter, "applicant" shall mean the owner of the property
for which the improvements are being installed or are required to be
installed per the City Code.
16.40.020 Improvements to be Reimbursed.
A. The cost of the following improvements shall be reimbursed
from the appropriate Development Impact Mitigation Fee Fund. The terms of
the reimbursement shall be in accordance with Chapter 15.64 of this Code.
1) Oversize water mains and major crossings required per
Chapter 13.08'of this Code;
2) Oversize sewers and storm drains required per Chapter 13.12
of this Code;
3) Excess width street construction and right-of-way required
per Chapter 15.44 and 16.24 of this Code;
4) Any other construction identified in the City Capital
Improvement program as a project to be funded with Development Impact
Mitigation Fees.
B. The cost of other improvements which benefit other property
or would be required of that property upon development, shall be
reimbursed in accordance with this chapter.
-2-
ORD1527/TXTA.02J
Exhibit B
16.40.030 City Eligibility.
Whenever the City constructs improvements meeting the
requirements of this chapter, the City shall be eligible for reimbursement
in a like manner as other applicants.
16.40.040 Application for Reimbursement.
A. Whenever an applicant constructs improvements eligible for
reimbursement under this chapter, the applicant shall file a request with
the Public Works Director. The request shall include:
1) A description of the improvements and the additional
properties receiving the benefit;
2) Engineering calculations and data as described in the City's
Public Improvement Design Standards;
3) An itemized cost estimate for the improvements;
4) Application fees as determined by City resolution.
B. All such applications shall be filed no later than one year
after the acceptance of the improvements by the City. The City will make
no effort to delay project approval or otherwise condition payment of
reimbursements from other properties benefiting from the improvements
prior to completion of a reimbursement agreement.
16.40.050 Reimbursement Agreement.
A. Within 60 days of receipt of a completed application, the
Public Works Director shall prepare a reimbursement agreement containing
the following provisions:
1) The amount of reimbursable costs shall include construction
costs less any applicable credits plus ten percent for administrative and
engineering costs. Applicable City engineering and processing fees shall
-3-
ORD1527/TXTA.02J
Exhibit B
also be added. Costs of financing, bonds or other applicant costs shall
not be included.
2) The total reimbursable cost shall be apportioned to the
benefitting properties as appropriate. Costs of transitions, utility
stubs or other minor work shall not be apportioned to adjacent property.
3) The reimbursable amount shall be recalculated annually to
include an amount attributable to interest, using the Engineering News
Record 20 Cities Construction Cost Index as of the end of the year. The
reimbursable amount for subsequent years shall be the prior year
reimbursable amount less any reimbursements made during the year, all
multiplied by the percentage change in the Index over the year.
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 15 years from the date of the agreement. Beyond 15 years,
such charges shall be collected and paid into the appropriate Development
Impact Mitigation Fee Fund, except that agreements initiated by the City,
the charge shall be placed in the City fund from which the improvement was
originally funded or the General Fund if the original fund no longer
exists.
5) Prior to approval of the reimbursement agreement, the City
Council shall conduct a public hearing. The hearing shall be conducted
within 90 days of receipt of the completed application. The applicant and
property owner of each parcel identified in the reimbursement agreement
shall be notified of the hearing by registered mail at least ten calendar
days prior to the hearing.
B. The reimbursement agreement shall be numbered and filed by
the Public Works Director.
-4-
0RD1527/TXTA.02J
Exhibit B
16.40.060 Collection of Reimbursements.
A. For any property on which the City Council has approved a
public improvement reimbursement agreement, the appropriate charge shall
be collected by the City upon development. Development shall mean any of
the following:
1) Service connection to the utility covered by the
reimbursement agreement;
2) Filing of a final subdivision map;
3) Filing of a final parcel map unless the City requirement for
installation of public improvements is waived or deferred;
4) Issuance of a building permit.
B. In the event the activity described in.(A) above only occurs
on a portion of the area covered by the reimbursement agreement, the
reimbursement charge shall be apportioned by the Public Works Director and
the appropriate charge made upon the developing portion.
16.40.070 Payment of Reimbursements.
A. Upon collection of reimbursement charges, the Public Works
Director shall prepare a letter of entitlement stating the amount of the
charge collected, reference the agreement number and administrative charge
to be retained by the City. The letter shall be forwarded to the Finance
Director for actual reimbursement.
B. The administrative charge for collecting the charge and
mailing the reimbursement shall be determined by the City Council by
resolution.
C. The Finance Director shall mail the reimbursement amount to
the last address on file with the Finance Director of the applicant.
-5-
0RD1527/TXTA.02J
Exhibit B
D. Any reimbursement amount returned or unclaimed after two
years from the date.of mailing shall be deposited in the appropriate
Development Impact Mitigation Fee Fund.
Section 2. 13.08.110 of the Lodi Municipal Code is amended to read as
follows:
13.08.110 Minimum size.
The minimum size water main shall have a nominal inside
diameter of six inches except as approved by the Public Works
Director in accordance with the City of Lodi Public Improvement
Design Standards. In areas zoned or master planned for
commercial and industrial uses, the minimum size shall be eight
inches in diameter. Larger size mains may be required as
determined by the public works director from the city master
water plan.
Section 3. 13.08.130 of the Lodi Municipal Code is amended to read as
follows:
13.08.130 Oversized mains.
Wherever the city requires that a water main larger than
eight -inches in diameter be installed in order to serve
additional property or to conform to the water master plan, the
applicant shall be reimbursed the difference in cost between the
actual water main to be constructed and an eight -inch diameter
water main. The reimbursement shall be made in accordance with
Chapter 16.40 of this code.
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ORD1527/TXTA.02J
Exhibit B
Section 4. 13.08.140 of the Lodi Municipal Code is amended to read as
follows:
13.08.140 Major crossings.
A. Wherever the city master water plan requires that a water
main cross a right-of-way listed as follows, the city will
reimburse the applicant one-half the estimated cost of that
crossing:
1. Woodbridge Irrigation District;
2. Southern Pacific Transportation Company;
3. Central California Traction Company;
4. Highway 99;
5. Highway 12;
6. Lower Sacramento Road;
7. Hutchins Street (south of Kettleman Lane).
B. The limits of the crossing shall be determined by the
public works director. The reimbursement shall be made in
accordance with Chapter 16.40 of this Code.
Section 5. 13.12.300 of the Lodi Municipal Code is amended to read as
follows:
13.12.300 Purpose.
The city council is desirous of adopting a sewer service and
extension policy that is fair and equitable to all developing
properties and that provides that the cost of extension shall be
distributed among subsequently developing properties connecting
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0RD1527/TXTA.02J
Exhibit B
hereto. For purposes of this Article, storm drains shall be
,considered as sewers except as specifically stated otherwise.
Section 6. 13.12.340 of the Lodi Municipal Code is amended to read as
follows:
13.12.340 Minimum diameter.
The minimum size sewer main shall have a nominal inside
diameter of six inches. The minimum size storm drain shall have
a nominal inside diameter of twelve inches. Larger size mains
may be required as determined by the public works director in
accordance with the city public improvement design standards or
the city master sewer and storm drain plans.
Section 7. 13.12.370 of the Lodi Municipal Code is amended to read as
follows:
13.12.370 Reimbursement - Oversized mains.
Wherever the city requires that a sewer main larger than ten
inches in diameter or a storm drain larger than eighteen inches
in diameter be installed in order to serve additional property
or to conform to the applicable master plan, the applicant shall
be reimbursed for the oversized pipe. The reimbursement shall
be based on the difference in cost between the actual pipe to be
installed and a ten -inch sewer or eighteen inch storm drain as
applicable. The difference in cost shall be determined by the
public works director. The reimbursement shall be made in
accordance with chapter 16.40 of this code.
-8-
ORD1527/TXTA.02J
Exhibit B
Section 8. Section 16.24.04 of the Lodi Municipal Code is amended to
add the following:
C. The subdivider or developer shall be reimbursed for excess
width street construction and right-of-way or for construction
of permanent improvements which front adjacent property.
Reimbursement shall be made in accordance with chapter 16.40 of
this Code. For purposes of this section excess width streets
are defined as :
1) new streets over 68 feet in width;
2) widenings of existing street in excess of 34 feet on one
side.
Section 9. Section 15.44.050 of the Lodi Municipal Code is amended to
add the following:
F. Street improvements and dedications made pursuant to this
chapter are eligible for reimbursement as provided in Chapter
16.24 of this Code.
Section 10. Sections 13.08.150, 13.08.160, 13.08.170, 13.01.180,
13.08.190, 13.08.200, 13.08.210, 13.12.350, 13.12.360, 13.12.380,
13.12.390, 13.12.400 and 13.12.410 of the Lodi Municipal Code are hereby
repealed.
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0RD1527/TXTA.02J
Exhibit B
Section 11. Effective Date. This ordinance takes effect 60 days
after its, adoption..
Section 12. Publication. The City Clerk shall either: (a) have this
ordinance published once within 15 days after adoption in a newspaper of
general circulation, or (b) have a summary of this ordinance published
twice in a newspaper of general circulation, once 5 days before its
adoption and again within 15 days after its adoption.
Appr d this 6th day of November 1991
DAVID M. HINCHMAN
Mayor
Attest:
ALICE M. R5IMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby
certify that Ordinance No.1527 was introduced at a regular meeting of
the City Council of the City of Lodi held October 16, 1991 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held November 6, 1991 by the following vote:
Ayes: Council Members - Pennino, Pinkerton, Sieglock,
Snider and Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
-10-
ORD1527/TXTA.02J
Exhibit B
I further certify that Ordinance No. 1527 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
1Oil lam'
ALICE M. REIMCHE
City Clerk
Approved as to Form
JR
� d�-t.,_av
BOBBY W. McNATT
City Attorney
ORD1527/TXTA.02J
The Foregoing Document Is Certified
To Be A Correct Copy Of The Original
On File In This Office.
Jennifer M. Perrin
DeptAy City Clerk, City Of Lodi
By rn ,,n k .ti h L-}1 LP
Dated: /
-11-
ORD1527/TXTA.02J
Exhibit C
SUMMARY OF
ORDINANCE NO. 1527 AMENDMENT OPTIONS
Ootion No. Fundina Source
PrivateCy
1 Developer reimbursed for City reimbursed until all
Different term of agreement. reimbursement fees are
terms for Agreement expires after 15 paid. No expiration date.
Developer years.
and City
2 Developer reimbursed for City reimbursed for term of
Same terms term of agreement. agreement. Agreement
for Agreement expires after 15 expires after 15 years.
Developer years.
and City
3 Developer reimbursed for 15 City reimbursed until all
No Change years. City retains fees after reimbursement fees are
15 years. No expiration paid. No expiration date.
date.
Exhibit D
SUMMARY OF
POLICY OPTIONS FOR EXISTING REIMBURSEMENT AGREEMENTS
Ootion No.
1
Different
terms for
Developer
and City
2
Same terms
for
Developer
and City
3
No Change
Private
Developer reimbursed
for term of agreement
(10 to 15 years).
Agreement expires
after Developer
reimbursement term.
Developer reimbursed
for term of agreement
(10 to 15 years).
Agreement expires
after Developer
reimbursement term.
Developer reimbursed
for term of agreement
(10 to 15 years). City
retains fees after
Developer
reimbursement term.
No expiration date.
Funding Source
City reimbursed until
all reimbursement
fees are paid. No
expiration date.
City reimbursed for
term of agreement.
Agreement expires
after 15 years.
City reimbursed until
all reimbursement
fees are paid. No
expiration date.
Grant (City)
Agreements would be
considered expired.
Agreements would be
considered expired.
Treated like other City
projects. City
reimbursed until all
reimbursement fees
are paid. No
expiration date.
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 Cars. 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 21st day of February, 1996
DAVID P. WARNER
Mayor
Attest:
COI- `Q
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.
Approved as to Form:
Q��
RANDALL A. HAYS
City Attorney
.
a
JENNIFER M. PERRIN
City Clerk