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HomeMy WebLinkAbout08-04 TCSD Resolution' RESOLUTION NO. CSD 08-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23103-2 BEGINNING FISCAL YEAR 2009-2010 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS 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. TCSD provides long-term residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services in numerous residential ' developments within the City of Temecula. Pursuant to Government Code Section 61115, TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B); perimeter slope landscape maintenance (Service Level C) and recycling/refuse collection (Service Level D) 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, its general taxes in the manner prescribed by Government Code Section 61115. Section 3. TCSD hereby initiates proceedings to provide residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services within Tract 23103-2 beginning Fiscal Year 2009-2010. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the real property and the proposed amount of the Service Level B, Service Level C and Service Level D rates and charges required for residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services provided to each parcel within Tract Map No. 23103-2 beginning fiscal year 2009-2010. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and 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 matter of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for R:/CSD Resos 2008/CSD 08-04 ' California Revenue and Taxation Code Section 4831. However, if for the first year the charges are 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 encumbrance 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 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of July 8, 2008 at the hour of 7:00 pm, or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, Service Level C and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify the adoption of this Resolution. ' PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 13th day of May, 2008. ATTEST: Susan 11y. J~nes, MMC City Cle k/B and Secret [SEAL] R:/CSD Resos 2008/CSD 08-04 ' 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 08-04 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 13th day of May, 2008, by the following vote: AYES: 5 BOARD MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None 1 WJ SUSa City Cler, rd Secretary R:/CSD Resos 2008/CSD 08.04 3