HomeMy WebLinkAboutOrdinances - No. 1915ORDINANCE NO. 1915
AN ORDINANCE OF TI{E CITY COUNÇIL OF THE CITY OF LODI
LEVYING AND APPORTIONING THE SPECIAL TAX IN TERR¡TORY
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2OO7-1
(PUBLIC SERVICES) (ANNEXATION NO. 3)
WHEREAS, the City Council of the City of Lodi (the "City Council") has established
Community Facilities District No. 2007-'l (Public Services) (the "CFD") pursuant to Resolution
No.2007-5g (the "Resolution of Formation"), duly adopted on April 4,2007, forthe purpose of
providing for the financing of certain public services in and for the CFD;
WHEREAS, the City Council duly adopted Resolution No. 171 (the "Resolution") on
September 16,2015, 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;
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on
September 16, 2015, the qualified electors of such territory authorized the levy of the special tax
described in the Resolution;
WHEREAS, the City Council duly adopted Resolution No. 172 on September 16,2015,
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. 3").
NOW, THEREFORE, BE lT ENACTED by the City Council of the City of Lodi:
Section l. Recitals. The foregoing recitals are true and correct.
Section 2. Levv of Special Tax. Pursuant to Section 53340 of the California
Government Code, the special tax is hereby levied for fiscal year 2015-16 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 detinquency as is pr:ovided 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 othenruise determined
appropriate by the City.
Section 4.Claims 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 shallfile 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 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 othen¡rise imposed by law.
Section 6. Severabilitv. lf 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. ln lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to and
fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office
of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this 21't day of October, 2015
JOHNSON
r
Attest:
NIFER
Clerk
FERRAIOLO
2
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1915 was introduced at a regular meeting of the City Council of the City of Lodi held
September 16,2015, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held October 21, 2015, by the following vote:
AYES:COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS _
COUNCIL MEMBERS -
COUNCIL MEMBERS -
None
None
None
I further certify that Ordinance No. '1915 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
NIFER
Clerk
FERRAIOLO
Approved as to Form:
ICE D. MAGDICH
ity Attorney
J