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HomeMy WebLinkAbout91-10 TCSD ResolutionRESOLUTION NO. CSD 91-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNTrY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE FOR FISCAL YEAR 1991-92 ALL WITH REGARD TO SERVICE LEVEL C OF THE TEMECULA COMMUNITY SERVICES DISTRICT. WBEREAS, 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 at the public heating conducted on June 25, 1991, duly noticed, the TCSD heard and considered all protests, comments, oral and written, by any interested person concerning the proposed rates and charges or the method of their collection; and WItEREAS, that at the conclusion of the public hearing, the TCSD confirmed the rates and charges for service levels A,B and D and Community Services/Parks of the TCSD and continued until July 16, 1991 consideration of Service Level C ("Service Level C") of the TCSD relating to perimeter landscaping and slope maintenance, (the "Services and/or Facilities"); and WltEREAS, the Board has requested the preparation of an amended report with regard to Service Level C 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 ~, pursuant to Section 61621.2 of the Act, an amended 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 at its meeting of July 16, 1991, the TCSD confirmed the rates and charges in the amounts set out on Exhibit "A" entitled "Rates and Charges", attached and R¢~os.CSD\91-10 I incorporated by this reference, confirmed their collection on the tax roll and approved and appeal procedure; and WHEREAS, the TCSD proposes to collect such rates and charges for Service Level C 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 SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the rates and charges for Service Level C for Fiscal Year 1991-92 as set out on F. xhibit "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 for Service Level C 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 for 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; and Section 3. That the application of the rates and charges for Service Level C 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 R¢sos.CSD\91-10 2 August 10, 1991, the property tax roll with such rates and charges for Service Level C 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 CCEQA") the levy and collection of these rates and charges is exempt from CEQA 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 16th day of July, 1991. J. Sal M_ufioz,J~esident ATrF_3T: Board Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) SS I, June S. Greek, Secretary of the Temecula Community Services District, DO HEREBY CERTIFY that the foregoing Resolution No. CSD 91-10 was duly adopted by the Temecula Community Services District at a regular meeting thereof, held on the 16th day of July, 1991, by the following vote of the Board of Directors: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ~June S. Greek, 1~ District Secretary Resos.CSD\91-10 3 EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On March 13, 1991, Muni Financial Services was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 1991/1992. Pursuant to the CommuniO/ Services District Law, Division 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: Service Level C: Service, operation, maintenance, improvements and administration for all perimeter landscaping and slope maintenance within recorded subdivisions. Rate C1: Slope maintenance areas requiring minimum landscaping services. Rate C2: Slope maintenance areas requiring more extensive landscaping services. The Financial Analysis contained herein contains each Zone Budget concluding with their Totals for Fiscal Year 91/92 year to be as follows: TOTAL TCSD LEVY FY 91/92: Service Level C ZONE BUDGET RATE AREA BUDGET $/SFR $ 411,540 Rate C1: $116,365 $179.23 Rate C2: $295,175 $411,540 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.