Loading...
HomeMy WebLinkAboutAgenda Report - March 16, 2005 L-01AGENDA ITEM L-01 CITY OF LODI %V COUNCIL COMMUNICATION TM 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8 Health & Safety Chapter 8.24 — Comprehensive Municipal Environmental Response& Liability Ordinance (MERLO) is hereby repealed in its entirety.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