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Home My WebLink About07-09 TCSD Resolution I I I RESOLUTION NO. CSD 07-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2007- 2008 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE 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. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the 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, property taxes within the TCSD in the manner prescribed by Government Code Section 61115. By previous resolution, the TCSD proposed to continue such rates and charges for the maintenance of unpaved streets and roads for Fiscal Year 2007-2008. Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written report ("Report") to be prepared and filed with the secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2007-2008. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided, including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A entitled "Project Summary", and incorporated herein by this reference. A copy of the report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notices were mailed on April 28, 2007 calling for a public hearing on June 12, 2007. Notice was published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. At the Public Hearing on June 12,2007, the Board of Directors will hear and consider all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and method of collection of such rates and charges. R:/CSD Resas 2007/CSD 07-09 I I I Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" does not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2007-2008. Section 7. The Board of Director hereby overrules any and all objections and protests and adopts the rates and charges for unpaved road maintenance services for Fiscal Year 2007-2008 as set out on Exhibit "A" for the services to be provided by the TCSD. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, 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, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is 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 or a bona fide encumbrancer 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. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2007-2008, or claims that an error has been made with respect to the implementation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 3, 2007, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction or errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2007-2008 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 3, 2007, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10,2007, the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt there from; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of R:/CSD Resas 2007/CSD 07.Q9 2 I I I all such rates and charges as shown on that roll and to perform any and all duties necessary therefore. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City ofTemecula this 12th day of June, 2007. ~ Jeff Comerchero, President ATTEST: [SEAL] R:/CSD Resas 2007/CSD 07.Q9 3 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07-09 was duly and regularly adopted by the Board of Directors of the T emecula Community Services District of the City of Temecula at a meeting thereof held on the 12th day of June, 2007, by the following vote: AYES: 5 BOARD MEMBERS: NOES: 0 BOARD MEMBERS: ABSENT: 0 BOARD MEMBERS: BOARD MEMBERS: ABSTAIN: 0 R:/CSD Resas 2007/CSD 07-09 Edwards, Naggar, Roberts, Washington, Comerchero None None None 4 I EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL R On January 1, 2006, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2007-2008. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et sea.. the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level, as follows: I Service Level R - Road Maintenance Services. Construction, installation, and maintenance of certain unpaved streets and roads throughout the City. The Financial Analysis contained herein includes the Service Level R total budget for Fiscal Year 2007-2008 to be as follows: SERVICE LEVEL BUDGET RATE LEVEL PARCEL CHARGE Service Level R $6,300 R-1 Improved R-1 Unimproved R-2 Improved R-2 Unimproved $115.26 $ 57.64 $ 95.86 $ 47.94 TOTAL TCSD LEVY FOR SERVICE LEVEL R: $6.300 I