HomeMy WebLinkAboutOrdinances - No. 1797ORDINANCE NO. 1797
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODl LEVYING AND APPORTIONING THE
SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, City Council has established Community Facilities District No. 2007-1
(Public Services) (the “District”) pursuant to Resolution No. 2007-59 (the “Resolution of
Formation”), duly adopted on April 4, 2007, for the purpose of providing for the financing of
certain public services in and for the City; and
WHEREAS, at an election held in the District on April I I, 2007, the qualified electors of
the District authorized the levy of the special tax described in the Resolution of Formation.
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
1.
2.
Recitals. The foregoing recitals are true and correct.
Lew of Special Tax. Pursuant to Section 53340 of the California Government
Code, the special tax is hereby levied at the maximum rates and apportioned in the manner
specified in the Resolution of Formation.
3. Collection of SDecial Tax. Pursuant to Section 53340 of the California
Government Code and the Resolution of Formation, the special tax shall be collected in the
same manner as ordinary ad valorem property taxes are collected and shall be subject to the
same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem
taxes; provided, however, that the City may directly bill the special tax, may collect special taxes
at a different time or in a different manner if necessary to meet the financial obligations of the
District, or as otherwise determined appropriate by the City.
4. Claims for Refund. Claims for refund of the tax shall comply with the following
and any additional procedures as established by the City Council:
(a) All claims shall be filed, in writing, with the City Treasurer during the fiscal
year in which the error is believed to have occurred. The claimant shall file the claim within this time period and the claim shall be finally acted upon by the City Council as a
prerequisite to bringing suit thereon.
(b) Pursuant to Government Code Section 935(b), the claim shall be subject
to the provisions of Government Code Sections 945.6 and 946.
(c) The City Council shall act on a timely claim within the time period required
by Government Code Section 912.4.
(d) The procedure described in this Ordinance, and any additional
procedures established by the City Council, shall be the exclusive claims procedure for
claimants seeking a refund of the tax. The decision of the City Council shall be final.
5. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner that imposes upon the City or any officer or employee
thereof a mandatory duty of care towards persons and property within or without the City, so as
to provide a basis of civil liability for damages, except as otherwise imposed by law.
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6. 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, and to this end the provisions of this ordinance are severable. This City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof and intends that the invalid portions should be severed and the
balance of the ordinance be enforced.
Effective Date and Publication. This Ordinance was introduced by the Lodi City
Council on May 2, 2007, and adopted by the Lodi City Council on May 16, 2007. This
Ordinance shall take effect 30 days after its adoption. The City Council hereby directs the City
Clerk to publish the full text of the ordinance within I5 days after its passage, with the names of
the City Council members voting for and against the ordinance, pursuant to Government Code
Section 36933(a).
7.
Mayor /
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1797
was introduced at a regular meeting of the City Council of the City of Lodi held May 2, 2007, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
May 16, 2007, by the following vote:
........................................
AYES:
NOES; COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Mounce
ABSTAIN: COUNCIL MEMBERS - None
COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, and Mayor Johnson
I further certify that Ordinance No. 1797
its passage and the same has been
City Clerk
ed as to Form:
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