HomeMy WebLinkAboutAgenda Report - March 16, 2005 L-01AGENDA ITEM L-01
CITY OF LODI
%V COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1755 entitled, "An Ordinance of the City Council of the City of Lodi
Repealing Lodi Municipal Code Title 8 Health & Safety Chapter 8.24 in its Entirety
Relating to Comprehensive Municipal Environmental Response and Liability
(MERLO)"
MEETING DATE:
PREPARED B Y
March 16,2005
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1755.
BACKGROUND INFORMATION: Ordinance No. 1755 entitled, "An Ordinance of the City Council of
the City of Lodi Repealing Lodi Municipal Code Title 8 Health &
Safety Chapter 8.24 in its Entirety Relating to Comprehensive
Municipal Environmental Response and Liability (MERLO)" was
introduced at the regular City Council meeting of March 2,2005.
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. Govt Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Susan J. Blackst
City Clerk
SJB/JMP
Attachment
APPROVED: le-�*— -0
BlairKi, Citv Manaser
councftouncom/Ordinance) .doc
ORDINANCE NO. 1755
AN ORDINANCE OFTHE CITY COUNCILOFTHE CITY OF LODI
REPEALING LODI MUNICIPAL CODE TITLE 8 HEALTH& SAFETY
CHAPTER 8.24 IN ITS ENTIRETY RELATING TO COMPREHENSIVE
MUNICIPAL ENVIRONMENTAL RESPONSE AND LIABILITY (MERLO)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS
Section 1. Lodi Municipal Code Title 8 Health & Safety Chapter 8.24 — Comprehensive Municipal
Environmental Response& Liability Ordinance (MERLO) is hereby repealed in its entirety.
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 rnandatorydutyofcare
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 All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict
may exist.
Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper of
general circulation printedand published in the City of Lodi and shall be in force and take effect thirty days
from and after its passage and approval.
Attest:
SUSAN J. BLA KSTON
City Clerk
State of California
County of San Joaquin, ss.
App ved this day of March, 2005.
HN BECKMAN
Mayor
I, Susan J. Blackston, CityClerk of the C iof Lodi, do hereby certify that Ordinance No. 1755was introduced
at a regular meeting of the City Council of the City of Lodi held March 2,2005, and was thereafter passed,
adopted, and ordered to print at a regular meeting of said Council held March 16,2005, by the following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Mounce, and MayorBeckman
NOES: COUNCIL MEMBERS— None
ABSENT COUNCIL MEMBERS— Hansen
ABSTAIN: COUNCIL MEMBERS— None
Ifurther certify that Ordinance No. 1755 was approved and signed bythe Mayor of the date of its passage and
the same has been published pursuant to law.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
. S EN SCHWABAUER
City Attorney