HomeMy WebLinkAboutOrdinances - No. 1928ORDINANCE NO. 1928
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL
TAX IN TERRITORY ANNEXED TO COMMUNITY FACIL¡TIES
DrsrRlcr No. 2007-1 (PUBLIC SERVICES)
(ANNEXATION NO. 4)
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WHEREAS, the City Council of the City of Lodi (the "City Council") has established
Community Facilities Distriðt No. 2007-1 (Public Services) (the "CFD") pursuant to Resolution
No.2007-ég (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; and
WHEREAS, the City Council duly adopted Resolution No. 155 (the "Resolution") on
August 17,2016,wherein the City Council submitted the question of levying a specialtax 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
August 17, 2016, the qualified electors of such territory authorized the levy of the special tax
described in the Resolution; and
WHEREAS, the City Councilduly adopted Resolution No. 156 onAugust 17,2016,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. 4").
NOW, THEREFORE, BE lT ENACTED by the City Council of the City of Lodi:
Section 1. 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 2016-17 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 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 othenruise 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 uncodified Ordinance shalltake 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 this 7th day of September,2016
"ûaru{MARK CHANDLER
Mayor
Attest
T,A Tlrwuùb
NI M. FERRAIOLO
City Clerk
2
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified
Ordinance No. 1928 was introduced at a regular meeting of the City Council of the City of Lodi held
August 17 ,2016, and was therefore passed, adopted, and ordered to print at a regular meeting of
said Council held September 7 ,2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
ör*^n\u
NIF FERRAIOLO
City Clerk
as to Form:
D. MAGDICH
City Attorney
J