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Home My WebLink AboutAgenda Report - April 20, 2022 H-02CITY OF to ail !q o i M CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM HOS2 AGENDA TITLE: Adopt Ordinance No. 1997 Entitled, "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. 13)" MEETING DATE: April 20, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1997. BACKGROUND INFORMATION: Ordinance No. 1997 entitled, "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. 13)," was introduced at the regular City Council meeting of April 6, 2022. 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. Id. All ordinances must be read in full either 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 passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Olivia Nashed City Clerk Attachment Signature: Email: sschwabauer@lodi.gov APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager ORDINANCE NO. 1997 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. 13) ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, the Lodi City Council (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. 2022-82 (the "Resolution") on April 6, 2022, 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 6, 2022, 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. 2022-83 on April 6, 2022, 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. 13"). 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 2022-23 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. OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. Approved this 20th day of April, 2022 MARK CHANDLER Mayor I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1997 was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 20, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN. COUNCIL MEMBERS — None 2 I further certify that Ordinance No. 1997 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: r I JANICE D:- AGDICH City Attorney 3 OLIVIA NASHED City Clerk SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1996 THROUGH 2000 PUBLISH DATE: SATURDAY, APRIL 23, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 21, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS KAYLEE CLAYTON ASSISTANT CITY CLERK ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at -7!,23 (time) on ate) \\cvcfilv01 \admin istration$Wdministration\CLERK\OrdSummaries\Wdv ins. doe CITY OF LODI ORDINANCE NO. 1996 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 1.12 — MUNICIPAL ELECTIONS —OF THE LODI MUNICIPAL CODE ADOPTING MAP DESIGNATING REVISED CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES BASED ON FINAL 2020 CENSUS DATA. The purpose of this ordinance is to revise the City Council election districts and boundaries based on the final 2020 census data and in conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act, as shown on the map below. The map is also available for viewing at https:llca- lodi.civic lus.com/DocumentCenterNiew/5042/Yellow or at the City Clerk's Office at 221 West Pine Street, Lodi. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Cies, of Lodi y� Redistricting 7071 Yellow Map I r 2; A Map layers 40 Yellow _ j Cont.S Blotk Rall�Od {,.d&ojktk 1101,61 Wn1ar pour ORDINANCE NO. 1997 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. 13). 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. 13. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1998 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.60, "POWERS AND DUTIES GENERALLY," AND AMENDING LODI MUNICIPAL CODE CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.045, "STATE AND LOCAL AGENCY CONTRACTS," SECTION 3.20.070, "BIDDING," SECTION 3.20.080, "PURCHASE ORDERS," SECTION 3.20.100, "FORMAL CONTRACT PROCEDURE," AND SECTION 3.20.110, "OPEN MARKET PROCEDURE". The purpose of this ordinance is to increase purchasing authority for the City Manager and City of Lodi Department Heads and to increase the informal bidding threshold for supplies and services to provide efficiencies in purchasing. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1999 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — CHAPTER 9.18, "VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY," BY REPEALING AND REENACTING SECTION 9.18.045, "PERMIT CAPS," TO REPLACE STATIC CAPS ON MOTORIZED FOOD PREPARATION UNITS AND PRODUCE/SEAFOOD TRUCKS WITH VARIABLE CAPS BASED ON THE POPULATION OF LODI. The purpose of this ordinance is to replace the flat cap on the number of food truck permits with a cap based on the population of Lodi. Introduced April 20, 2022. Adoption to be considered May 4, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 2000 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14, "CITY ATTORNEY," BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY," AND ADOPT RESOLUTION RESCENDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY RELATING TO GENERAL LIABILITY CLAIMS. The purpose of this ordinance is to increase the City Attorney's purchasing authority for legal or related services and to increase settlement authority limits for the City Manager, City Attorney, and Risk Manager to allow for more efficient and cost-effective operations. Introduced April 20, 2022. Adoption to be considered May 4 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Olivia Nashed, City Clerk City of Lodi April 20, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. 4. err r `A DECLARATION OF POSTING ORDINANCE NO. 1997 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. 13) On Thursday, April 21, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1994 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 21, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ords ummaries\aaDecPost. doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk A 111-' `` ORDINANCE NO. 1997 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. 13) ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, the Lodi City Council (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. 2022-82 (the "Resolution") on April 6, 2022, 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 6, 2022, 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. 2022-83 on April 6, 2022, 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. 13"). 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 2022-23 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: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. Approved this 20th day of April, 2022 MARK CHANDLER Mayor I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1997 was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 20, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2 I further certify that Ordinance No. 1997 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney SOF . Qo SIIR_IFCT- Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1995, 1996, 1997, AND 1998 PUBLISH DATE: SATURDAY, APRIL 9, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 7, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOUM Emailed to the Sentinel at legals@lodinews.com at 7 '.3'7 ttime) on 7 [{fate) \\cvcfilvO I \administration$\Administration\CLERMOrdSummaries\Adv ins. doe CITY OF LODI ORDINANCE NO. 1995 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC WORKS PROJECTS," IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT. The purpose of this ordinance is to provide informal bidder procedures for Public Works projects that comply with the California Uniform Construction Cost Accounting Commission. Introduced March 16, 2022. Adopted April 6, 2022, and effective May 6, 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. ORDINANCE NO. 1996 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 1.12 — MUNICIPAL ELECTIONS —OF THE LODI MUNICIPAL CODE ADOPTING MAP DESIGNATING REVISED CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES BASED ON FINAL 2020 CENSUS DATA. The purpose of this ordinance is to revise the City Council election districts and boundaries based on the final 2020 census data and in conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act, as shown on the map below. The map is also available for viewing at httcs:/lca- lodi.civicr)lus.com/DocumentGenter/View/5042/Yellow or at the City Clerk's Office at 221 West Pine Street, Lodi. Introduced April 6, 2022. Adoption to be considered April 20 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. City of Lodi IIstricting 2021 Yellow Map c. r' 2. }' 0A..dr'..r AR NIP, II py $, Iiia. i kV �,. Map ieyars Yallow Nr410ad Suoou A— �4r , I Landm PiN 51mn VWAI& neat T ORDINANCE NO. 1997 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. 13). 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. 13. Introduced April 6, 2022. Adoption to be considered April 20 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. ORDINANCE NO. 1998 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.60, "POWERS AND DUTIES GENERALLY," AND AMENDING LODI MUNICIPAL CODE CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.045, "STATE AND LOCAL AGENCY CONTRACTS," SECTION 3.20.070, "BIDDING," SECTION 3.20.080, "PURCHASE ORDERS," SECTION 3.20.100, "FORMAL CONTRACT PROCEDURE," AND SECTION 3.20.110, "OPEN MARKET PROCEDURE". The purpose of this ordinance is to increase purchasing authority for the City Manager and City of Lodi Department Heads and to increase the informal bidding threshold for supplies and services to provide efficiencies in purchasing. Introduced April 6, 2022. Adoption to be considered April 20, 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. Pamela M. Farris, Assistant City Clerk City of Lodi April 6, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. ` DECLARATION OF POSTING 4 ORDINANCE NO. 1997 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. 13) On Thursday, April 7, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1994 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 7, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsummaries\aaDeePost. doc ORDERED BY - PAMELA M. FARRIS ASSISTANT CITY CLERK Kaylee Clayton Administrative Clerk a ORDINANCE NO. 1997 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. 13) WHEREAS, the Lodi City Council (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. 2022-82 (the "Resolution") on April 6, 2022, 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 6, 2022, 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. 2022-83 on April 6, 2022, 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. 13"), 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 2022-23 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: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. Approved this 20th day of April, 2022 MARK CHANDLER Mayor I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1997 was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 20, 2022, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — W I further certify that Ordinance No. 1997 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: JANICE D. MAGDICH City Attorney 3 OLIVIA NASHED City Clerk