HomeMy WebLinkAboutOrdinances - No. 1959ORDINANCE NO. 1959
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 2 —
ADMINISTRATION AND PERSONNEL — BY REPEALING
AND RE-ENACTING SECTION 2.12.120, "DISPOSITION OF
SURPLUS PERSONAL PROPERTY," IN ITS ENTIRETY
Section 1. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, "City
Manager," Section 2.12.120, "Disposition of Surplus Personal Property," is hereby repealed in
its entirety and re-enacted to read as follows:
Section 2.12.120 - Disposition of surplus personal property.
A. The City Manager may, upon recommendation of the City purchasing officer,
authorize the sale of surplus personal property having a value of five thousand
dollars or less, which is no longer required for City use. Within thirty days
following the sale of any surplus city property under this section, the City
Manager shall notify the City Council in writing of such sale.
B. Prior to sale of property under this section, the City Manager shall notify all
departments of its availability for City use.
C. The following procedures shall be used to dispose of surplus City property under
this section:
1. The property to be sold shall be advertised by publication at least one
time in a newspaper of general circulation, in a magazine or periodical
generally distributed to municipalities, or via online public auction, and
blind or sealed bids solicited. The manner of advertising and processing
of bids shall be consistent with practices employed for other City
transactions requiring bids.
2. If the procedures specified in subsection 1 of this section produce no
bids, or bids of less than a reasonable sale price, all bids may be rejected
by the City Manager, and offers in any form may be solicited and
accepted without further competitive procedures.
3. If no satisfactory bids or offers are received under subsections 1 or 2 of
this section, such surplus property may be sold by auction or delivered to
a broker for consignment sale.
4. Surplus property having a total value of less than one thousand dollars,
as determined by the City purchasing officer, may be sold without
compliance with the advertising and sealed bid requirements of
subsection 1 of this section.
D. Notwithstanding any other provisions in this Chapter, the Chief of Police may
authorize a peace officer (as defined in Penal Code Section 830) to purchase his
or her City -issued duty handgun, if such peace officer has been honorably retired
through a service retirement or from a job -incurred disability not related to a
mental or emotional disorder, and has been granted the legal right to carry a
concealed firearm pursuant to Penal Code Section 25450. The retired peace
officer will pay the City an amount equal to the City's cost to acquire a new City -
issued handgun, plus any handling and transfer costs, as determined by the Lodi
Police Department. The purchase of a City -issued handgun from the City will be
made pursuant to policies approved by the City Manager and Chief of Police,
which shall include, without limitation, a waiver and release of liability of the City
of Lodi, its employees, elected and appointed officials, officers, and volunteers as
to all matters concerning the sale of the City -issued handgun under this
provision.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The City Council of the City of Lodi hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional or invalid or ineffective.
Section 3. 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 4. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 5. Effective Date. This ordinance shall be published pursuant to law and
shall become effective 30 days from the date of passage and adoption.
Approved this 17th day of October, 2018
,
Attest:
JNIFER
City Clerk
FE
RAIOLO
ALAN NAKANISHI
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1959 was introduced at a regular meeting of the City Council of the City of Lodi held
October 3, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held October 17, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1959 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approve as to F
JOHN P. FUKASAWA
Deputy City Attorney
NIFER FERRAIOLO
City Clerk