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HomeMy WebLinkAbout97-14 TCSD ResolutionRESOLUTION NO. CSD 97-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON DECEMBER 12, 1997 FOR PROPERTY OWNERS WITHIN TRACT NO. 28309 (REGENCY HOMES) TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 1998-99 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION THE BOARD OF DIRECTORS OF THE TEMECUI~k COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the requirements of Article XIIID, Section 6 of the California Constitution, there is hereby called and ordered to be held on December 12, 1997 an election for the purpose of obtaining approval by property owners of Tract No. 28309 in the City of Temecula to establish Service Level B and Service Level C Rates and Charges beginning Fiscal Year 1998-99. Section 2. The notice and ballot to be submitted to the property owners shall be substantially in the form attached as Exhibit A and incorporated herein by reference. Section 3. The Board of Directors hereby approves the Procedures for the Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at this meeting and directs such procedures be placed on file in the office of the Secretary of the Temecula Community Services District and open to public inspection. Section 3. All ballots must be received by the Secretary of the Temecula Community Services District no later than 3:30 p.m. on December 12, 1997. In all particulars not recited in this Resolution, the election shall be held and conducted as provided in the Ballot Procedures. Section 4. The Secretary of the Temecula Community Services District is hereby authorized to canvass the returns of the election. The officers and staff of the Temecula Community Services District are hereby authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 28th day of October, 1997. ATTEST: ~tTlley E. Stone, President J(~~. ~eek, CMC/~--'~ City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, Secretary for the Temecula Community Services District, do hereby certify that CSD Resolution No. 97-14 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held this 28th day of October, 1997, by the following vote: AYES: 5 DISTRICT MEMBERS: Birdsall, Ford, Lindemans, Roberts, Stone NOES: 0 DISTRICT MEMBERS: None ABSENT: 0 DISTRICT MEMBERS: None June S. Greek, CMC/AAE City Clerk, District Secretary Resos\97-14 2 EXHIBIT A NOTICE OF ELECTION PROPOSED SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO. 28309 (REGENCY HOMES) BEGINNING FISCAL YEAR 1998-99 Pursuant to the request of the SR Group, LLC, the Temecula Community Services District has initiated proceedings to assume maintenance of residential street lighting and perimeter slope and parkway landscaping within Tract No. 28309, beginning with the Fiscal Year 1998/99. Pursuant to this request, and pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of each parcel of property to be charged for this maintenance and the proposed amount of the maintenance charge for each parcel for Fiscal Year 1998-99. The proposed Service Level B rate and charge against each of the 46 parcels withing Tract No. 28309 beginning Fiscal Year 1998-99 is $25.68. The proposed levy rate of $25.68 per parcel provides revenue for residential street lighting services within this subdivision. This amount was calculated by dividing the total estimated maintenance cost for Fiscal year 1998-99 ($1,181.28) by the total number of parcels in this subdivision. The proposed Service Level C rate and charge against each of the 46 parcels within Tract No. 28309 begirming Fiscal Year 1998-99 is $46.00. The proposed levy rate of $46.00 per parcel provides revenue for perimeter landscape maintenance services along Nicolas Road within this subdivision. This amount was calculated by dividing the total estimated maintenance cost for Fiscal Year 1998-99 ($2,116) by the number of parcels within this subdivision. On August 27, 1997, the Board of Directors conducted a public hearing on the Report and the proposed Service Level B and Service Level C rates and charges. At the public hearing, the Board of Directors heard and considered all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public hearing, the Board determined that written protests against the proposed increase were presented by less than a majority of owners of the parcels on which the proposed increase is to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. The Board of Directors encourages you to return the enclosed ballot indicating whether you support or oppose the proposed Service Level B and Service Level C rates and charges. Ballots may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no later than 3:30 p.m. on December 12, 1997. The proposed Service Level B and Service Level C rates and charges will be abandoned if the ballot is not returned in favor of the proposed rates and charges. In the event the proposed charges are abandoned, an active homeowners' association will be necessary to assume responsibility for residential street lighting services and perimeter slope and parkway landscape located along Nicolas Road. Enclosed is your ballot and the District's Procedures for the completion, return and tabulation of Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact the City Clerk/District Secretary's Office at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589- 9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for further information regarding regarding this matter. OFFICIAL BALLOT TEMECUI~ COMMUNITY SERVICES DISTRICT SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES PROPERTY: Lots 1-46 of Tract No. 28309 as filed in Book 263, pages 55-59 of Maps in the Office of the County Recorder of Riverside County, State of California. YES, I approve of the proposed annual levy of $25.68 for Service Level B and $46.00 for Service Level C on the parcels identified on this ballot. OWNER: Mr. Ashwin M. Patel SR Group, LLC/Regency Homes 4532 Sharon Dr. La Palma, CA 90623 NO, I do not approve of the proposed annual levy of $25.68 for Service Level B and $46.00 for Service Level C on the parcels identified on this ballot. I hereby declare, under penalty of perjury, that I am the record owner, or the authorized representative of the record owner, of the parcels identified above. Signature Date Print Name CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED TO THE CITY CLERK/DISTRICT SECRETARY CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92589-9033 TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I. Completion of Ballots · Who may complete a ballot A ballot may be completed by the owner of the parcel to be charged. As used in these Procedures, the term "owner" includes the owner's authorized representative. If the owner of the parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tenants, or tenants in common. Only one ballot may be completed for each parcel. Duplicate ballots If a ballot is lost, destroyed or never received, the City Clerk/District Secretary will provide a duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will be marked to show the date on which the ballot was provided and to identify it as a duplicate ballot. Marking and signing the ballot To complete a ballot, the owner of the parcel must (1) mark the appropriate box supporting or opposing the proposed rate and charge, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box may be marked on each ballot. Ballots must be completed in ink. Only ballots provided by the District will be accepted The District will only accept ballots mailed or otherwise provided to owners by the District. Photocopies, faxes, and other forms of the ballot will not be accepted. 1I. Return of Ba!!ots · Who may return ballots A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to return the ballot. - · Where to return ballots Ballots may be mailed to the City Clerk/District Secretary's Office, at P.O. Box 9033, Temecula, California, 92589-9033, (the District has provided a return postage-paid envelope). Ballots may also be delivered in person to the City Clerk/District Secretary's Office at 43200 Business Park Drive, Temecula, California 92590. Ballots may not be returned by fax. · When to return ballots All returned ballots must be received by the City Clerk/District Secretary's Office prior to 3:30 p.m. on December 12, 1997. The City Clerk/District Secretary will stamp on the ballot the date of its receipt. · Withdrawal of ballots After returning a ballot to the District, the person who signed the ballot may withdraw the ballot by submitting a written request in person to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City Clerk/District Secretary prior to 3:30 p.m. on December 12, 1997. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City Clerk/District Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. Tll. Tabulation of Ballots · Which ballots will be counted Only ballots which are completed and returned in compliance with these procedures will be counted. Ballots received by the City Clerk/District Secretary after 3:30 p.m. on December 12, 1997 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted. Ballots withdrawn in accordance with these procedures will not be counted. The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an owner and will verify, prior to counting any duplicate ballot, that only one ballot has been returned for the parcel. If a non- duplicate ballot has been returned, the District will count the non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been returned, the District will count the earliest provided duplicate ballot and disregard the later provided duplicate ballots. · How ballots will be tabulated Ballots may be counted by hand, by computer or by any other tabulating device. · Who will tabulate ballots Ballots will be tabulated by the City Clerk/District Secretary. · When and where will the ballots be tabulated- Ballots will be opened and tabulated on Friday, December 12, 1997, at 4:00 p.m. in the Main Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. · Results of tabulation The results of the tabulation will be announced following the completion of the tabulation and entered in the minutes of the next Board of Directors meeting on December 16, 1997. IV. Resolution of Disputes In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the District will make such determination from the last equalized assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to ownership of property and the District's determination of ownership will be final and conclusive. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the District may rely on the statement on the ballot, signed under penalty of perjury, that the person completing the ballot is the owner's authorized representative and any evidence submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner and the District's determination will be final and conclusive. V. General Information For further information, contact the City Cleric/District Secretary at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590.