HomeMy WebLinkAboutOrdinances - No. 1894ORDINANCE NO. 1894
AN UNCODIFIED ORDINANCE OF THE LODI CITY
COUNCIL LEVYING AND APPORTIONING THE
SPECIAL TAX IN TERRITORY ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES) (ANNEXATION NO. 1)
WHEREAS, the City Council of the City of Lodi (the "City Council") has
established Community Facilities District No. 2007-1 (Public Services) (the "CFD")
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 CFD; and
WHEREAS, the City Council duly adopted Resolution No. 2014-81 (the
"Resolution") on May 21, 2014, wherein the City Council submitted the question of
levying a special tax in territory proposed to be annexed to the CFD at the rate and
according to the method of apportionment described therein; and
WHEREAS, at an election held in the territory proposed to be annexed to the
CFD on July 16, 2014, the qualified electors of such territory authorized the levy of the
special tax described in the Resolution; and
WHEREAS, the City Council duly adopted Resolution No. 2014-125 on July 16,
2014, wherein the City Council determined that the territory proposed to be annexed was
added to the CFD (such territory being referred to herein as "Annexation No. 1").
NOW, THEREFORE, BE IT ENACTED by the Lodi City Council:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Levy of Special Tax. Pursuant to Section 53340 of the California
Government Code, the special tax is hereby levied for fiscal year 2014-2015 at the
maximum rates and apportioned in the manner specified in the Resolution.
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the
California Government Code and the Resolution, 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 CFD or as otherwise determined appropriate by the City.
Section 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.
Section 5. No Mandatory Duty 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.
Section 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.
Section 7. Effective Date and Publication. This Ordinance shall take effect
thirty (30) days after its adoption. The City Council hereby directs the City Clerk to
publish the full text of the ordinance within 15 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).
Approved this 6th day of August, 2014
.,I
PHIL KATZAKIAN
Mayor
Attest
NIFE ROBISON
ity Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Uncodified
Ordinance No. 1894 was introduced at a regular meeting of the City Council of the City
of Lodi held July 16, 2014, and was therefore passed, adopted, and ordered to print at a
regular meeting of said Council held August 6, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Vy
IFER . ROBISON
Clerk
Approved as to Form:
ICED AGDICH
eity-Attorney