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HomeMy WebLinkAboutOrdinances - No. 2000ORDINANCE NO. 2000 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14, "CITY ATTORNEY," BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY," AND ADOPT RESOLUTION RESCINDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY REPLATING TO GENERAL LIABILITY CLAIMS ------------------------------------------------------------------------ ------------------------------------------------------------------------ BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. The Lodi Municipal Code Chapter 2.14 entitled "City Attorney" is hereby repealed and reenacted in its entirety to read as follows 2.14.010 - City Attorney. The city attorney shall be appointed by the city council and shall serve as legal counsel to the city government and all officers, departments, boards, commissions, and agencies thereof and shall have such other powers and duties as may be prescribed by state law and by ordinance or resolution of the city council. In situations where the city attorney determines there is a conflict in representation by that office, the city council may authorize the retention of other legal counsel to represent one of the conflicting parties. The city attorney shall have purchasing authority to contract for legal or related services necessary to perform the duties of the office up to the amount authorized to the City Manager under Section 2.12.060(T) of this Code, and subject to the same restrictions as placed upon all parties with purchasing authority outlined in this Code. The city attorney shall report his or her advice, recommendations, and requests directly to the city council. SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. 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 toward 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 5. 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 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 4th day of May, 2022 MARK CHANDLER Mayor Attest: PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2000 was introduced at a regular meeting of the City Council of the City of Lodi held April 20, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May 4, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 2000 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. PAMELA M. FARRIS Assistant City Clerk Approved as to Form: ;JN%ICE AGDICH City -Attorney