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HomeMy WebLinkAbout97-16 TCSD ResolutionRESOLUTION NO. CSD 97-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDG~G THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 25892 BEGINNING FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWTFH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: ~_C2i01~. 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. Sl~i01L2. The TCSD provides long-term residential street services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B) 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 Sections 61765.2 to 61765.6, inclusive. ~fi01L~. The TCSD must initiate proceedings in order to provide residential street lighting services within Tract No. 25892 beginning Fiscal Year 1998/99. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of the real property and the proposed amount of Service Level B rates and charges required for maintenance of the new residential street lighting for each parcel within Tract No. 25892 beginning fiscal year 1998/99. 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 matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. 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 R¢~os.CSD/97-16 I 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. ~glioll_4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 13th day of January, 1998 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, as the time and place for the public heating on the Report and the proposed Service Level B 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. ~111~1_~. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPT!*I} by the Board of Directors of the Temecula Community Services District this 25th day of November, 1997. t ~Ieft!rey E. Stone, President ATrEST: Ju~.~g. Greek, CMC,AAE City Clerk/District Secretary [SEAL] Resos.CSD/97-16 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, Secretary for the Temecula Community Services District, do hereby certify that CSD Resolution No. 97-16 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held this 25th day of November 1997, by the following vote: AYES: 5 DISTRICT MEMBERS: Comerchero, Ford, Lindemans, Roberts, Stone NOES: 0 DISTRICT MEMBERS' None ABSENT: 0 DISTRICT MEMBERS: None June S. Greek, CMC/AAE City Clerk, District Secretary Resos.CSD/97-16 3