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HomeMy WebLinkAbout91-01 TCSD OrdinanceCSD ORDINANCE NO. 91-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING THE ESTABLISHMENT OF CERTAIN ZONES WITHIN ITS BOUNDARIES WI-IEREAS, upon incorporation of the City of Temecula (the "City") effective December 1, 1989, voters also approved the formation of the Temecula Community Services District (the "TCSD"), 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, the TCSD includes portions of three county service areas which before incorporation provided different levels of service to different areas now within the City; and WHEREAS, 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 whereby each zone or service level provides a specific service, operation, maintenance and/or program; and WHEREAS, on May 28, 1991, the TCSD adopted Resolution No. 91-05 (the "Resolution of Intention") whereby the TCSD declared its intention to establish separate zones of benefit for park and community services, street lighting, slope maintenance, and recycling and refuse program purposes pursuant to Section 61770 et ae~. of 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 such zones of benefit are hereinafter referred to as "Service Levels"; and WHEREAS, upon adoption of this Ordinance, the Resolution of Intention has been duly and legally published and mailed in the time, form and manner as required by law, and the Resolution of Intention and the Affidavit of Publication has been filed with the Secretary; and WHEREAS, upon adoption of this Ordinance, at the time and place for which notice was given, the TCSD has held a noticed public hearing as required by law to determine whether it should proceed with the establishment of the Service Levels; and WHEREAS, upon adoption of this Ordinance, at said hearing, all persons desiring to be heard on all matters pertaining to the establishment of the Service Levels have been heard and a full and fair hearing has been held; and WHEREAS, upon the adoption of this Ordinance, the TCSD has found that the written protests against the proposed establishment of the Service Levels have not been made by fifty 5/c~reso91-01 -1- percent (50%) or more of the registered voters within the territory proposed to be included in any Service Levels or the owners representing more that one-half of the value of the land and improvements in the territory proposed to be included in any Service Level; and the TCSD has passed upon such protests, if any; and WHEREAS, upon the adoption of this Ordinance, 91-01 requests for exclusion were received prior to the public hearing and the Board has made specific findings as to whether or not property related to each such request shall be included in the particular Service Level; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. Upon the adoption of this Ordinance, the TCSD has overruled any protests, and pursuant to Section 61778 of the Act, hereby orders the reorganization of the existing zones of benefit by the establishment of the following zones of benefit, referred to herein as Service Levels, for the following generally described purposes: Community Services/Parks Services, operations, maintenance, improvements and administration of the City community park system, recreation facilities, services and programs. Service ! evel A: Service, operations, maintenance, energy, improvements and administration for all arterial street lighting, medians and traffic signals. Service Ievel }!: Service, operations, maintenance, energy, improvements and administration for all local street lighting within recorded subdivisions. Service Ievel C: Service, operations, maintenance, energy, improvements and administration for all perimeter landscaping and slope maintenance within recorded subdivisions. Service Ievel D: single-family residential homes. Recycling program and refuse collection for all detached, Section 3. Upon the adoption of this Ordinance, the TCSD finally determines and establishes the boundaries of the Service Levels and, for the fiscal year 1991-92, designates the types of improvements to be constructed and the services to be performed, in accordance with the Engineer's Report for Collection for the Fiscal Year 1991-92, as finally approved (the "Report") which has been presented and filed with the Secretary of the TCSD. The Report is on file in the City Administrative Offices and reference to said Report, as finally approved, is hereby made for all particulars. 5/csdreso91-01 -2- Section 4. The President shall sign this Ordinance and the Secretary shall attest to the President's signature and then shall cause the same to be published within fifteen (15) days after its passage at least once in the newspaper of general circulation published and circulated within the City. The Secretary shall certify to the passage of this Ordinance Section 5. This Ordinance shall become effective on the 31st day after passage. PASSED, APPROVED AND ADOPTEI~ this 25th day of June, 1991. J. ~al Mu~oz, President ATTEST: 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 CSD Ordinance 91-01 was regularly introduced and placed upon its first reading at a regular meeting of the Board of Directors of the Temecula Community Services District on the 11th day of June, 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Board of Directors of the Temecula Community Services District on the 25th day of June, 1991, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Mufioz, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore June S. Greek, Secretary 5/csdreso91-01 -3-