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Home My WebLink AboutAgenda Report - August 5, 2020 I-01AGENDA ITEM I.OI Crrv on Loor C ouncu, C onnMUNIcATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Ordinance No. 1978 Entitled, "An Uncodified Ordinance of the City Councilof the City of Lodi Levying and Apportioning the Special Tax in Tenitory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. l0)" August 5,2020 City Clerk RECOMMENDED ACTION:Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1978. BACKGROUND INFORMATION: Ordinance No. 1978 entitled, "An Uncodified Ordinance of the City Council of the City of Lodi Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 10)," was introduced at the regular City Council meeting of July 15,2020. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting, ld. All ordinances must be read in fulleither at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code $ 36934. ordinances take effect 30 days after their final passag e. Cal. Gov't code g J69Jz. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Gity JC/PMF Attachment APPROVED \\cvcfllvOl\admlnlstrationS\iAdmínlshatlon\CLERK\Councll\COUNCOM\Ordlnsncel.DOC City Manager @ SUBJECT: PUBLISH DATE CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241.1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. I978 SATURDAY, AUGUST 15, 2O2O Pleøs e immediutely conÍirm receipt this a 3 3 3-6702oøxcu LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #5lOOl52 JENNIFER CUSMIR, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK DATED: ORDERED BY PAMELA M RIS ASSISTANT CITY CLERK THURSDAY, JULY 16,2020 JENNIFER CUSMIR CITY CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF O.P,ADYERTISEMENT. THANK YOAI! Emailed to the Sentinel at legals@lodinews.com at tÐt, / b (time) on SftO/A'D <aatel \\cvcfilv0l\administration$\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. I978 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. l0). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No.2007-1 (Public Services) as Annexation No. 10. lntroduced July 15, 2020. Adopted August 5, 2020 and effective September 4, 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: None. Jennifer Cusmir, City Clerk City of Lodi August 5,2020 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I978 AN UNCODTFTED ORDTNANCE OF THE LOD| CtTy COUNCT¡+ LEVytNc AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FAC|LTT|ES DTSTR|CT NO. 2007-1(pUBLtC SERVTCES) (ANNEXATTON NO. l0) On Monday, August 10, 2020, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1978 (attached hereto, marked Çxhibit "4") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 10, 2020, at Lodi, California. ORDERED BY: JENNIFER CUSMIR CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1978 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO coMMUNtTY FACIL|TTES DTSTR|CT NO. 2007-1 (pUBL|C SERVTCES) (ANNEXATTON NO. 10) 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. 2020-156 (the "Resolution") on July 15, 2020, 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 15, 2020, 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. 2020-157 on July 15, 2020, 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. 10"). 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 2021-22 atthe 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 billthe specialtax, may collect specialtaxes 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 þe 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 descr¡bed 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 otficer 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¡uise 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 th irty (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 5th day of August, 2020 Attest: DOUG KUEHNE Mayor JENNIFER CUSMIR City Clerk State of California County of San Joaquin, ss. l, Jennífer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1978 was introduced at a regular meeting of the City Council of the City of Lodi held July 15, 2020, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 5,2020, by the following vote: AYES: COUNCIL MEMBERS - Chandler, Mounce, Nakanishi, and Mayor Kuehne NOES; COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1978 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER CUSMIR City Clerk Approved as to Form JANICE D. MAGDICH City Attorney 2 DECLARAT¡ON OF POSTING ORDINANCE NO. 1978 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACtLtTtES DISTRICT NO. 2007-1(PUBL|C SERVTCES) (ANNEX.ATION NO. t0) On Thursday, July 16, 2020, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1978 (attached hereto, marked Exhibit "4") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 16,2020, at Lodi, California. ORDERED BY PAMELA M. FARRIS ASS¡STANT CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1978 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO coMMUNlTy FACIL|T!ES DtSTR|CT NO. 2007-1 (pUBLtC SERVTCES) (ANNEXATTON NO. 10) 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, 20Q7, 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. 2020-156 (the "Resolution") on July 1 5,2020, 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 15, 2020, 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. 2020-157 on July 15, 2020, 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. 10"). 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 2021-22 allhe 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 billthe special tax, may collect specialtaxes 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 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 Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or g¡ven effect in a maríner that imposes upon the City or any otficer 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 particuiar 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 titteeñ (t S) days after its passager a summary of the ordinance may be published at least five (S) days prior to and fifteen (15) days after adoptíon by the City Council, and a certified copy shall be pısted in the office of the city clerk pursuant to Government code section 36933(cX1). Approved thís _ day of 2020 Attest: JANICE D. MAGDICH City Attorney DOUG KUEHNE Mayor JENNIFER CUSMIR :ifl:L======================================================== State of California County of San Joaquin, ss, l, Jennífer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1978 was introduced at a regular meeting of the City Council of the City of Lodi held July 15, 2020, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ,2020, by the following vote: AYES: COUNCIL MEMBERS - NOES; COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1978 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER CUSMIR City Clerk Approved as to Form: The foregolng document is certified to be a cor¡ed copy of tÃe o¡ginat on file in thè Clty Clertcs Offts' Pamela M. Farris Assistant CitY Clerk, CltY of Lodl 2 Dated:b/âoa,o Pleuse immediøtely con/irm receipt of thís.fux by cølling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 9524T-T9IO ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 1978 PUBLISH DATE: SATURDAY, JULY 18,2020 SUBJECT: LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS AccT. #stool52 DATED: ORDERED BY: THURSDAY, JULY 16,2020 PAMELA M. FARR¡S ASSISTANT'c¡TY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS, ASSISTANT CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK earance of this Legal in the Newspaper - Copy to FileVA SEND PROOF OF AD.VERTISEMENÎ, TTTANK YOU!.|. led to the Sentinel at ínews.corn at \\cvcfilv01\administration$\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1978 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPEGIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-l (PUBLIC SERVICES) (ANNEXATION NO. l0). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 10. lntroduced July 15,2020. Adoption to be considered Auqust 5. 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None;ABSENT: None. Pamela M. Farris, Assistant City Clerk City of Lodi July 15,2020 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk