HomeMy WebLinkAbout90-01 TCSD ResolutionRESOLUTION NO. CSD 90-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICE DISTRICT REGARDING
THE OPERATION OF THE COMMUNITY SERVICES DISTRICT
FUNCTIONS
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Temecula Community Services District hereby approves the Agreement with the
County of Riverside regarding the operation of the Community Services District functions, and
authorizes the President to execute the Agreement attached hereto as Exhibit A, on behalf of the
Temecula Community Services District.
Section 2. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, this 9th day of January, 1990.
Patricia Birdsall, President
ATTEST:
F. D. Aleshire, Secretary
R¢sos.CSD\90-01 I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
Directors of the Temecula Community Services District at a regular meeting thereof, held on
the 9th day of January, 1990 by the following vote:
AYES: 5
MEMBERS: Lindemans, Moore, Munoz, Parks, Birdsall
NOES: 0 MEMBERS: None
ABSENT: 0 MEMBERS: None
F. D. Aleshire, Secretary
R¢sos.CSD\90-01 2
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tALD ~. GE~RUNG$
OUNTY COUNSEL
SUITE 3OO
- 10TH STREET
R$1D[, CALIFORNIA
AGREEMENT BETWEEN THE TEMECULA
COMMUNITY SERVICES DISTRICT AND THE
COUNTY OF RIVERSIDE FOR OPERATION OF THE
COMMUNITY SERVICES DISTRICT FUNCTIONS
This Agreement is made and entered into by and between
the County of Riverside ("County") and the Temecula Community
Services District ("CSD") for the purpose of providing CSD with
assistance in administering the contracts, maintaining the
property, implementing staffing park programs, and generally
overseeing the operations of the activities previously included
within County Service Area Nos. 75, 103 and 143 (CSA), subject to
the following terms and conditions:
1. This Agreement is to have an effective date of
December 1, 1989, and shall remain in full force and effect until
June 30, 1990, or unless terminated by thirty (30) days written
notice by either party prior to such expiration.
2. County shall, during the term of this Agreement,
continue to work under the direction of the CSD General Manager
in administering/implementing programs within the CSD facilities;
continue the process of reviewing dedications/acceptance of
parks, open space areas, landscaped slopes and other public use
property on behalf of CSD and generally perform those functions
that CSA staff was providing prior to the incorporation of the
City of Temecula.
3. All personnel who are employees of County shall not
perform any function not coming within the scope of the duties of
such employee in performing services for County. All personnel
in the performance of services and functions for CSD shall be
County employees, and no CSD employee shall be taken over by-
County. No person employed by the County shall have any CSD
pension, civil service or other CSD or City of Temecula status or
rights.
4. For the purpose of performing the aforementioned
services and functions, and for the purpose of giving official
status to the performance thereof, every County officer and
employee engaged in performing any such service or function shall
be deemed to be an officer or employee of CSD while performing
service for CSD within the scope of this Agreement.
5. CSD shall not be called upon to assume any
liability for the direct payment of any salary, wages, or other
compensation to any County personnel performing services
hereunder for CSD, or, any liability other than that provided for
in this Agreement.
Except as herein otherwise specified, CSD shall not
be liable for compensation or indemnity to any County employee
for injury or sickness arising out of his employment.
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6. Pursuant to Resolution No. 89-171 of the Board of
Supervisors of the County of Riverside, CSD was to succeed to all
the rights, duties and obligations of County Service Area 143.
Notwithstanding the above, so long as this Agreement remains in
force, County shall continue to collect, distribute and
administer the assessments collected within the boundaries of CSD.
7. Any and all real and/or personal property
previously acquired by CSA through purchase, gift, bequest,
devise, dedication or otherwise acquired with CSA assessments
within CSD territory, consistent with the Riverside County Local
Agency Formation Commission (LAFCO) determinations, are deemed to
be property of CSD. As the successor in interest to CSA, CSD is
entitled to such property with the concomitant rights, duties and
obligations.
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8. County, its officers, agents, and employees, shall
not be deemed to assume any liability for the negligence of CSD,
or of any officer, agent or employee thereof, nor for any
defective or dangerous condition of the property of CSD, and CSD
shall indemnify and hold County and its officers, agents and
employees harmless from, and shall defend said County and the
officers, agents and employees thereof against, any claim or suit
for damages resulting therefrom.
9. Any and all notices sent or required to be sent to
the parties of this Agreement will be mailed by first class mail,
postage prepaid, to the following addresses:
County of Riverside
CSA Administrator
County Administrative Center
12th Floor
4080 Lemon St.
Riverside, CA 92501
Temecula CSD
19 IN WITNESS WHEREOF, CSD by order of its Board, has
caused this Agreement to be signed by its Chairman and attested
20 and sealed by its Clerk, and the County of Riverside, by order of
its Board of Supervisors, has caused this Agreement to be
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:RAID ~I. (;ZERUN(~S
COUNTY COUNSEL
SUITE 300
1535. 10TH STREET
~ERSIDE. CALIFORNIA
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I~akL,O J. GEERUNGS
:OUNTY COUNSEL
535 - 10TH STREET
ERSIDE. CALIFORNIA
subscribed by the Chairman of said Board and sealed and attested
by the Clerk of said Board.
Dated:
ATTEST:
GERALD A. MALONEY
Clerk of the Board
By
Deputy
(SEAL)
COUNTY OF RIVERSIDE
By
Chairman, Board of Supervisors
ATTEST:
District Clerk
TEMECULA COMMUNITY SERVICES
DISTRICT
?r~sident
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