HomeMy WebLinkAbout92-07 TCSD Resolution RESOLUTION NO. CSD 92-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR
CO SERVICES/PARKS, STREET LIGHTING, SLOPE MA ANCE
AND RECYCLING AND REFUSE COLLECTION SERVICES FOR FISCAL YEAR
1992-93.
S, upon incorporation of the City of Temecula, California (the "City") effective
December 1, 1989, voters also approved the formation of the Temecula Community Services
District ("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
AS, that the TCSD proposes to continue such rates and charges for community
services and parks, street lighting, slope maintenance, as well as recycling and refuse collection
(the "Services and/or Facilifies") for those areas specifically benefitted thereby and charges by the
county service areas or the TCSD for such services in prior fiscal years; and
WHEREAS, the Board has requested the preparation of a report for Fiscal Year 1992-93
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
@EREAS, pursuant to Section 61621.2 of the Act, an Engineer's Report for Collection
for the Fiscal Year 1992-93 (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.
VMEREAS, that the Board of Directors requested that staff provide mailed notice on June
5, 1992, of the hearing of such rates and charges; and
IMEREAS, that notice of hearing was mailed and published as required by law and the
affidavits of publication and mailing are on file with the Secretary; and
WHEREAS, that at the public hearing conducted on June 23, 1992, as noticed, the TCSD
heard and considered all oral and written protests and comments by any interested person
concerning the proposed rates and charges or the method of their collection; and
VMEREAS, that at the conclusion of the public hearing, the TCSD modified/confirmed
the rates and charges in the amounts set out on Exhibit "A" entitled "Project Summuy", attached
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and incorporated by this reference, confirmed their collection on the tax roll and approved an
appeal procedure; and
WHEREAS, that the TCSD further finds that based on the Report and budget the rates
and charges as set out on Exhibit "A" are the reasonable cost of the Services and/or Facilities to
be provided by the TCSD for Fiscal Year 1992-93; and
NMEREAS, the TCSD proposes to collect such rates and charges at the same time, in the
same manner, by the same persons and together with and not separately from, the general taxes
for the TCSD. These rates and charges 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 Fiscal Year 1992-93 as set out on Exhibit "A"
for the Services and/or Facilities are adopted for Fiscal Year 1992-93.
SECTION 2. That the TCSD shall collect such rates and charges at the same time, in the
same manner, by the same persons and together with and not separately from, the general taxes
for the TCSD. These rates and charges 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.
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.
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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, 1992, 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 therefore.
SECTION 5. That pursuant to the California Environmental Quality Act ("CEQA") the
levy and collection of these rates and charges is exempt from CEQA pursuant to Section 15273
of the State Guidelines and that the Secretary is instructed to file a Notice of Exemption with the
County Clerk.
PASSED, APPROVED AND ADOPTED this 23rd day of June, 1992.
Ronald J. Parks, TCSD President
ATREST:
ne reek, Secretary
[SEAL]
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, June S. Greek, Secretary of the Temecula Community Services District, HEREBY DO
CERTIFY that the foregoing CSD Resolution No. 92-07 was duly adopted at a regular meeting
of the Board of Directors of the Temecula Community Services District on the 23rd day of June,
1992, by the following roU call vote:
AYES: 5 DIRECTORS: Lindemans, Moore, Munoz, Parks, Birdsall
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
June S. Gre-eV, City Clerk,
Board Secretary
CSD RESOS 92-07