HomeMy WebLinkAboutOrdinances - No. 1918ORDINANCE NO. 1918
AN ORDINANCE OF THE CITY COUNC¡L OF THE CITY
OF LODI LEVYING AND APPORTIONING A SPECIAL TAX
IN ZONE 1 OF THE CITY OF LODI COMMUNITY
FACTLtTtES DTSTRTCT NO. 2007-1 (PUBLIC SERVICES)
AS PROVIDED IN RESOLUTION NO.2015-89
WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") has
established Community Facilities District No. 2007-1 (Public Services) (the "Dístrict") pursuant to
Resolution No. 2007-59 (the "Resolution of Formation"), duly adopted on April 11, 2007, for the
purpose of providing for the financing of certain services in and for the City; and
WHEREAS, the City Council on June 17, 2015, duly adopted its Resolution No. 2015-89
(the "Resolution") (i) declaring its intention to amend the special tax formula within a portion of the
District to be referred to as Zone 1 by reducing the special tax (the "Revised Special Tax") within
Zone 1, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"),
being Chapter 2.5, Part 1 , Division 2, Title 5 of the Government Code of the State of California, and
Chapter 3.32 of the City Municipal Code, (ii) proposing to levy the Revised Special Tax therein for
the purpose of financing certain services as described in the Resolution, and (iii) calling a public
hearing on the questions of the establishment of Zone 1, the amendment to the specialtaxformula,
and the levy of the Revised Special Tax within Zone 1; and
WHEREAS, at an election held in Zone 1 on November 17,2015, the qualified electors of
Zone 1 authorized the levy of the Revised Special Tax described in the Resolution.
NOW, THEREFORE, BE lT ENACTED by the City Council of the City of Lodi
Section 1. Recitals. All of the above recitals are true and correct, and the Council so
finds and determines.
Section 2. Levv of Revised Special Tax. Pursuant to Section 53340 of the Government
Code of the State of California and Chapter 3.32 of the City Municipal Code, the Revised Special
Tax is hereby levied at the maximum rates and apportioned in the manner specified in the
Resolution within Zone 1.
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the Government
Code of the State of California, the Revised Special Tax shall be collected by the San Joaquin
County Tax Collector 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 Revised Special Tax may alternately be billed
directly and collected on a different schedule, such as on a monthly or other periodic basis, or in a
different manner, if necessary, to meet the City's financial obligations.
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 with the City Clerk no laterthan one year after
the date the tax was paid. The claimant shallfile the claim within this time period and the
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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 otherwise 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(cX1).
Approved is 2nd day of December, 2015
BOB
Mayor
Attest:
IFER RRAIOLO
2
Clerk
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. 1918 was introduced at a regular meeting of the City Council of the City of Lodi held
November 18,2015, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held December 2,2015, by the following vote:
AYES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
None
None
None
I further certify that Ordinance No. 1 91 8 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
IFER RRAIOLO
Clerk
Approved as to Form
D. MAGDICH
City Attorney
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
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