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HomeMy WebLinkAbout03_002 TCSD ResolutionRESOLUTION NO. CSD 03-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR THE LOMA LINDA TRACT BEGINNING FISCAL YEAR 2003- 2004 AND SETrING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. The TCSD provides long-term perimeter landscaping and slope landscape maintenance services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 81621.2, the TCSD has prescribed, revised and collected rates and charges perimeter landscaping and slope maintenance (Service Level C) services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide perimeter landscaping and slope maintenance services to the lots and parcels shown on Tract Maps Nos. 19872-1. -2. -3, -4, -5, and -Final (collectively, the "Loma Linda Tract") beginning Fiscal Year 2003-2004. A map showing the boundaries of the Loma Linda Tract is attached hereto as Exhibit A and incorporated herein by reference. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of the real property and the proposed amount of the Service Level C rates and charges required for perimeter landscaping and slope maintenance services to be provided to each lot and parcel within the Loma Linda Tract beginning fiscal year 2003- 2004. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. R:/CSD Resos/CSD 03-02 1 Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of March 11, 2003 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level C rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report or to the proposed rates and charges. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this January 14, 2003. JeffComerchero, President R:/CSD Resos/CSD 03-02 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 03-02 was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a regular meeting thereof held on January 14th, 2003. AYES: 5 DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None R:/CSD Resos/CSD 03-02 3 Exhibit A CITY OF TEMECULA LOMALINDA TRACT TRACT MAP NO. 19872-1, -2, -3, -4, -5 and -FINAL Loma Linda Tract