HomeMy WebLinkAbout98_012 TCSD ResolutionRESOLUTION NO. CSD 98-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF ~
TEMECULA COMMUNITY SERVICES DISTRICT
ADOPTING RATES AND CHARGES FOR SERVICE LF. VEL
B - RESIDENTIAL STREET LIGHTING, SERVICE LFNEL
C - SLOPE MAINTENANCE, AND SERVICE I.F~VEL D -
RF_,CYCL~G AND REFUSE COIJ~F. CTION SERVICES FOR
FISCAL YEAR 1998-1999.
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY
SERVICE DISTRICT FrEREBY 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. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD
has prescribed, revised and collected rates and charges for the 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, property taxes within the
TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive.
By previous resolution, the TCSD proposed to continue such rates and charges for the operation,
maintenance, service and administration of residential street lighting, slope maintenance, and
recycling and refuse collection services for Fiscal Year 1998-99.
Section 3. 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 Report
contains a description of each parcel of real property and the proposed amount of the rates and
charges for Fiscal Year 1998/99. The Report is based upon the estimated costs for the proposed
services for specific areas where such services are provided, including necessary staff and
administrative expenses.
Section 4. By previous resolution, the Board of Directors acknowledged the filing
of the Report, and appointed a time and place for a public hearing on the Report and the proposed
rates and charges. Notice of the public hearing was mailed and published as required by law and
affidavits of publication and mailing are on file with the Secretary of the TCSD.
Section 5. On June 16, 1998, the Board of Directors conducted a public hearing
on the Report and the proposed rates and charges. At the public hearing, the Board of Directors
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.
Reses.cad\98-12 1
Section 6. The Board of Directors hereby fmds that, based on the Report and the
District budget, the rates and charges as set out on Exhibit "A" are the reasonable cost of the
services to be provided by the TCSD for Fiscal Year 1998-99.
Section 7. The Board of Directors hereby adopts the rates and charges for
residential street lighting, slope maintenance, and recycling and refuse collection services for
Fiscal Year 1998-99 as set out on Exhibit "A" for the services to be provided by the TCSD for
Fiscal Year 1998-99.
Section 8. The proposed Fiscal Year 1998-99 rates and charges shall become
effective on July 1, 1998.
Section 9. The TCSD shall collect such rates and charges at the same time, i n 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, are
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
first installment of such taxes appear on the ro 11, then the charge shall not result in a lien against
the property, but instead shall be transferred to the unsecured roll for collection.
Section 10. If a property owner subject to these rates and charges challenges or
questions the levy of the rates and charges to such property owner's property, such property
owner must appeal the levy by filing an appeal with the TCSD Secretary before 5:00 p.m. on
December 1, 1998, pursuant to procedures established by the TCSD.
Section 11. If a property owner subject to these rates and charges believes that
payment of the rates and charges for Fiscal Year 1998-99 would create a hardship for that
property owner during that fiscal year, such property owner must appeal the levy by filing a
hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1, 1998, pursuant to
procedures established by the TCSD, in order to be considered under the hardship appeal
program.
Section 12. The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August 10, 1998,
the property tax roll with such rates and charges enumerated for each parcel not exempt
therefrom; and the County Auditor is hereby designated, required, empowered, authorized,
instructed, directed and ordered to make collection of all such rates and charges a s shown on that
roll and to perform any and all duties necessary therefor.
Reses.csd\98-12 2
Section 13. Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges is exempt from CEQA pursuant to California Public
Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates
and charges are necessary to maintain existing improvements within the TCSD.
Section 14. The District Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District at a regular meeting held on this 16th day of June, 1998.
ATTEST:
President
Susan.~W. Jones, ~MC
Acting City Clerk/Elig~t Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
SS
I, Susan W. Jones, Acting Secretary for the Temecula Community Services District, do
hereby certify that the foregoing Resolution No. CSD 98-12 was duly adopted by the Board of
Directors of the Temecula Community Services District at the regular meeting thereof, held on
this 16th day of June, 1998, by the following vote of the Board of Directors.
AYES: 5 DIRECTORS:
NOES: 0 DIRECTORS: None
ABSTAIN: 0 DIRECTORS: None
Reses.csd\98-12 3
Comerchero, Ford, Lindemans, Roberts, Stone
~ .~..~_~ St(san W] Jones, CMC
Acting City Cleiq~/D.~lrict Secretary
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVELS B, C, AND D
On July 1, 1998, Muni Financial, Inc. was retained by the City of Temecula to prepare
the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal
Year 1998-99. Pursuant to the Community Services District Law, Division 3 of Title 6 of the
Government Code of the State of California, commencing with Section 61000 et seq., the
TCSD has the power to levy and collect rates and charges in order to carry on its operations
and to provide the services and facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the identification
and description of each parcel within a specific service level. A Service Level is a defined
area that provides a specific service, operation and maintenance and/or program to only those
parcels contained within that service level, as follows:
Service Level B - Residential Street Lights. Operations, maintenance, utility
costs and administration of all residential street lights.
Service Level C - Perimeter Landscaping and Slope Maintenance. Operations,
maintenance, utility costs, improvements, and administration for all perimeter
landscaping and slope maintenance areas maintained by the TCSD.
Service Level D - Refuse Collection. Recycling and Street Sweeping.
Operations and administration of the refuse and recycling program, and street
sweeping services for all single-family residential homes.
Reses.csd\98-12 4
The Financial Analysis contained herein includes Service Levels B, C, and D with their total
levy budgets for Fiscal Year 1998-99 to be as follows:
SERVICE LEVEL/LEVY BUDGET
Service Level B $ 293,960.00
Service Level C $ 557,680.00
Service Level D $2,221,560.00
RATE LEVEL
PARCEL CHARGE
N/A $ 25.68
C-1 $ 46.00
C-2 $ 89.00
C-3 $116.00
C-4 $175.00
$170.64
TOTAL TCSD LEVY
FOR SERVICE LEVELS
B, C, AND D:
$3,073,200.00
Reses.csd\98-12 5