HomeMy WebLinkAboutAgenda Report - March 17, 2004 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1743 entitled, "An Ordinance of the Lodi City
Lodi Municipal Code Chapter 16.40, by Repealing Section
Adding Section C Relating to Reimbursement Agreements"
MEETING DATE: March 17, 2004
PREPARED BY: City Clerk
Council Amending
16.40.050 A-5 and
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1743.
BACKGROUND INFORMATION: Ordinance No. 1743 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 16.40, by Repealing
Section 16.40.050 A-5 and Adding Section C Relating to
Reimbursement Agreements" was introduced at the regular City
Council meeting of March 3, 2004.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the Interim City Attorney.
FUNDING: None required.
SJB/JMP
Attachment
APPROVED:
Susan J. Blacksion
City Clerk
H. Dixon Flynn, City Manager
council/councom/Ordinancel .doc
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Section 11. Lodi Municipal Code Chapter 16.40 — Reimbursements for Construction is
hereby amended by repealing Section 16.40.050 A-6 relative to Reimbursement Agreements.
Section . Lodi Municipal Cade Section 16.40.050 — Reimbursement Agreement is hereby
amended by adding subsection C as follows.
C. Prior to the adoration of a resolution approving the reimbursement
agreement the city shall within ninety ( 0) days of receipt of a completed
application conduct a public hearing as fellows:
1. At least ten (10) days prior to the date and time set for the hearing before
the city council, give a notice by first class mail, postage prepaid, to the
addresses as shown on the latest equalized assessment roll of San
Joaquin County, to the owners of each parcel identified in the
reimbursement agreement as benefited.
2. The Notice shall state the date, time, and location set for such hearing.
3. Include in such notice to property owners as required under (1) above a
statement of the Mature of the improvements constructed by the
applicant; the actual gists of the improvements, the amount of the
reimbursable costs as provided in Section A above, and list of the
addresses or a map delineating all parcels identified in the
reimbursement agreement as benefited.
4. The hearing on such reimbursement agreement shall take place before
the city council; at which time all interested parties shall be heard. The
council shall determine what properties are benefited, the costs and a fair
method of allocation of costs to the properties benefited, and an
apportionment of such costs.
Section 3. - No M njgjtorna gMjy of Gare. This ordinance is not intended to and shall not be
construed or giveh effect. in a manner, which imposes upon the City, or any officer or employee
thereof; a mandator duty of care towards persons or property within the City or outside of the
City so as to provide a bsis of civil liability for damages, except as otherwise imposed by law.
ectiora 4. - Severalaility. If any provision of this ordinance or the application thereof to any
person or circurnstances 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 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Sac„tian6. This ordinance shall be published one time in the `"Lodi Nevus -Sentinel," a daily
newspapr of generalcirculation 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 17th day of March, 2004
LARRY D. 'AN,
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County cif Ban Joaquin, ss.
1, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1743
was introduced ata regular meeting of the -City CounciI of the City of Lodi held March 3, 2004,
and was theref ter pssed, adopted, and ordered to print at a regular meeting of said Council
held March 17, 2004; by the following vote:
AYES: COUNCIL MEMBERS -- Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
NOES: COUNCIL MEMBERS - None
ABSENT., COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS d Nene
I further certify that Ordinance No. 1743 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
`''gip°"-�- -- •.��,-�
D, STEPHEN SCHWA4AVIEfi
interim City Attorney