HomeMy WebLinkAboutOrdinances - No. 1981ORDINANCE NO. 1981
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. 12)
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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. 2021-91 (the "Resolution") on
April 7, 2021, 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
April 7, 2021, 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. 2021-92 on April 7, 2021,
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. 12").
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 2021-22 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).
Approved this 21St day of April, 2021
(30 X q?&, -�,
ALAN NAKANISHI
Attest: Mayor
IFER US/I&R�1�
ity Clerk
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State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1981
was introduced at a regular meeting of the City Council of the City of Lodi held April 7, 2021, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
April 21, 2021, by the following vote:
AYES:
COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi
NOES;
COUNCIL MEMBERS — None
ABSENT:
COUNCIL MEMBERS — None
ABSTAIN:
COUNCIL MEMBERS — None
I further certify that Ordinance No. 1981 was approved and signed by the Mayor on the
date of its passage and the same has been published purst}nt to law.
ENNIFE CUSMIR
tr City Clerk
Approved as to Form:
-JANICE D. MAGDICH
City Attorney
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