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HomeMy WebLinkAbout91-08 TCSD ResolutionRESOLUTION NO. CSD 91-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICED DISTRICT ADOPTING RATES AND CHARGES FOR PARK AND COMMUNITY SERVICES, STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE PROGRAMS FOR FISCAL YEAR 1991- 92. WItEREAS, upon incorporation of the City of Temecula (the "City") effective December 1, 1989, voters also approved the formation of the Temecula Community Services District CTCSD"), which has the same area and boundaries as the City and whose Board of Directors (the "Board") consists of the members of the City Council of the City; and WHEREAS, that the TCSD includes portions of three (3) county service areas which before incorporation provided different levels of service to different areas now within the City; and WHEREAS, that the TCSD proposes to continue such rates and charges for park and community services, street lighting, slope maintenance, as well as the inclusion of rates and charges for a recycling and refuse program (the "Services and/or Facilities"), less a credit from prior amounts collected, for those areas specifically benefitted thereby and charged by the county service area or the TCSD for such services in prior fiscal years; and WHEREAS, the Board has requested the preparation of a report for Fiscal Year 1991-92 containing the proposed rates and charges for filing with the Secretary of the TCSD pursuant to the Community Services District Law being Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 (the "Act"); and WHEREAS, pursuant to Section 61621.2 of the Act, an Engineer's Report for Collection for the Fiscal Year 1991-92 (the Report") had been presented and filed with the Secretary of the TCSD which contains a description of the proposed Services and/or Facilities to be provided and the proposed rates and charges for such services and/or Facilities, and a description of the parcels subject to the rates and charges. The Report is based upon a budget adopted by the Board for the proposed Services and/or Facilities for specific areas where such Services and/or Facilities are provided, including necessary staff and administrative expenses. WHEREAS, that the Board of Directors requested that staff provide mailed notice on June 11, 1991, of the hearing of such rates and charges; and WHEREAS, that notice of heating was mailed and published as required by law and the affidavits of publication and mailing are on file with the City Clerk; and Resos.CSD\914)8 1 WlttEREAS, that at the public hearing conducted on June 25, 1991, as noticed, the TCSD heard and considered all protests, comments, oral and written, by the interested person concerning the proposed rates and charges or the method of their collection; and WItEREAS, that at the conclusion of the public heating, the TCSD modified/confirmed the ra~es and charges in the amounts set out on Exhibit"A" entitled "Project Summary", attached and incorporated by this reference, contimed their collection on the tax roll and approved an appeal procedure; and WItEREAS, that the TCSD further finds that based on the Report and budget, the rates and charges as set out on F. xhibit "A" are the reasonable costs of the Services and/or Facilities to be provided by the TCSD for Fiscal Year 1991-92; and WItEREAS, the TCSD proposes to 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 general taxes for the TCSD which rates shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such general taxes. All laws applicable to the levy, collection, and enforcement of general taxes of the TCSD, including, but not limited to, those pertaining to the matters of delinquency, correction cancellation, refund and redemption, are applicable to such rates and charges. 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 of 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, or the delinquency in that charge, assessed pursuant to this section shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the rates and charges for Fiscal Year 1991/92 as set out on Exhibit "A" for the Services and/or Facilities are adopted for Fiscal Year 1991-92; and Section 2. That 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 general taxes for the TCSD, which rates shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such general taxes. All laws applicable to the levy, collection, and enforcement of general taxes of the TCSD, including, but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such rates and charges. 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 of 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, or the delinquency Resos. CSD\91-08 2 in that charge, assessed pursuant to this section shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection; and Section 3. That the application of the rates and charges may be appealed within thirty (30) days after payment of rates and charges pursuant to procedures established by the TCSD; and Section 4. That the Secretary of the TCSD is ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California (the "County") before August 10, 1991, the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; and the County Auditor of the County is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of all such assessments as shown on that roll and to perform any and all duties necessary therefor; and Section 5. That pursuant to the California Environmental Quality Act ("CEQA") the levy and collection of these rates and charges is exempt from CECA pursuant to Section 15273 of the State Guidelines and that the City Clerk is instructed to file a Notice of Exemption with the County Clerk. PASSED, APPROVED AND ADOPTED this 25th day of June, 1991. ATTEST: / J. Sal ~Iufioz;' President City Clerk, District Secretary [SEAL] Resos.CSD\91-08 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF RIVERSIDE ) I, June S. Greek, Secretary of the Temecula Community Services District, DO HEREBY CERTIFY that the foregoing Resolution No. CSD 91-08 was duly adopted by the Temecula Community Services District at a regular meeting thereof, held on the 25th day of June, 1991 by the following vote of the Board of Directors: AYES: 4 DIRECTORS: Birdsall, Lindemarts, Parks, Mufioz NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Moore June'S , City Clerk, District Secretary Resos.CSD\91-08 4 EXHIBIT A PROJECT SUMMARY Resos.CSD\91-O8 5 EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On March 13, 1991, Muni Financial Sen/ices was retained by the City of Temecuia to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 1991/1992. Pursuant to the Community Services District Law, Diw'sion 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect special assessments in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the special assessments is accomplished by the assignment of benefit to each parcel within a specific benefit zone. A Benefit Zone is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that zone. The public interest and convenience require the reorganization of the existing zones of benefit within the TCSD by the establishment of five city-wide benefit zones. The Zones of Benefit and their service descriptions are as follows: 1. Community Services/Parks: Operation and maintenance, improvements and administration of the City community park system, recreation facilities, services and programs. 2. Sen/ice Level A: Service, operation, maintenance, energy improvements and administration for all Arterial street lighting and medians. 3. Service Level B: Service, operation, maintenance, energy improvements and administration for all local street lighting within recorded subdivisions. 4. Service Level D: Recycling program and refuse collection for all detached, single-family residential homes. The Financial Analysis contained herein contains each Zone Budget concluding with their Totals for Fiscal Year 91/92 year to be as follows: ZONE BUDGET $/SFR Community Services/Parks: Service Level A Service Level B Service Level D TOTAL TCSD LEVY FY 91/92: $ 2,090,640 $ 49.90 $ 144,769 $ 3.45 $ 194,051 $ 34.14 $ 911,256 $ 119.37 $ 3,340,7t6 $ 206.86 ($17.24/mo) The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 1991/1992 are as shown on the Assessment Roll, Exhibit "B" on file with the City Clerk.