HomeMy WebLinkAboutOrdinances - No. 1974ORDINANCE NO. 1974
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. 9)
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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. 2019-283 (the "Resolution") on
December 18, 2019, 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
December 18, 2019, 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. 2019-284 on December 18, 2019,
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. 9").
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi:
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 2020/21 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. In 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)
Attest:
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PAMELA M. FARRIS
Assistant City Clerk
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Approved this 15th day of January, 2020
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DOUG KU
Mayor
State of California
County of San Joaquin, ss.
I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that uncodified
Ordinance No. 1974 was introduced at a regular meeting of the City Council of the City of Lodi held
December 18, 2019, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held January 15, 2020, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1974 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
Approved as to Form:
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-JA CE D. MAGDICH
City Attorney
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PAMELA M. FARRIS
Assistant City Clerk