HomeMy WebLinkAbout00_002 TCSD ResolutionRESOLUTION NO. CSD 2000-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO.
23371, 28482, 28526, AND 29033 (ALL PHASES) FOR FISCAL
YEAR 2000-01
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
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. Pursuant to Govemment Code Sections 61621 and 61621.2, the
TCSD has prescribed, revised and collected rates and charges for 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 collected within the TCSD in the manner prescribed by Government Code Sections
61765.2 to 61765.6, inclusive. By previous resolution, the TCSD proposed to levy such rates
and charges for the operation, maintenance, servicing and administration of perimeter
landscaping and slope maintenance beginning fiscal year 2000-01.
Section 3. Pursuant to Government Code Section 61621.2, the TCSD caused a
written report ("Report") to be prepared and filed by the Secretary of the TCSD, which Report
contains a description of each parcel of real property within Tract No. 23371, 28482, 28526,
and 29033 (all phases) and the proposed amount of the rates and charges against each parcel
for fiscal year 2000-01. A summary of the Report containing the proposed rates and charges is
attached hereto as Exhibit A, entitled "Project Summary," and incorporated herein by this
reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is
available for public inspection.
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 January 11, 2000, 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 objections, protests and comments by any
interested person concerning the Report, the proposed rates and charges, and the method of
collection of such rates and charges.
R:CSD/ResoS 2000-02
Section 6. The Board of Directors hereby finds and determines that, based on
the Report and the District budget, the rates and charges as set out on Exhibit A do not exceed
the reasonable cost of the services to be provided by the TCSD for fiscal year 2000-01.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for fiscal year 2000-01 as set out on Exhibit A for the
services to be provided by the TCSD for fiscal year 2000-01.
Section 8. The TCSD shall collect such rates and charges at the same time and
in the same manner and by the same persons as, 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 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 9. If a property owner subject to these rates and charges questions the
classification of the owner's property for fiscal year 2000-01, or claims that an error has been
made with respect to the implementation of the rates and charges or the application of the rates
and charges to the owner's property for that fiscal year, such property owner must appeal the
levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2000,
pursuant to procedures established by the TCSD, in order to be considered under the appeal of
classification or correction of errors program.
Section 10; If a property owner subject to these rates and charges believes that
payment of the rates and charges for fiscal year 2000-01 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 Secretary of the TCSD before 5:00 p.m. on December 1, 2000,
pursuant to procedures established by the TCSD, in order to be considered under the hardship
appeal program.
Section 11. The Secretary of the TCSD is hereby ordered to transmit or cause
to be transmitted to the County Auditor of the County of Riverside, California before August 10,
2000 the Report and 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 as shown on that roll and to perform any and all duties necessary therefor.
Section 12. Pursuant to the California Environmental Quality Act (CEQA), the
levy and collection of these rates and charges is exempt from CEQA pursuant to Public
Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines
because the rates and charges are necessary to maintain existing improvements within the
TCSD.
R:CSD/Resos 2000-02 2
Section 13. The Secretary of the TCSD shall certify to the adoption of this
Resolution.
Section 14. The Service Level C rates and charges adopted by this resolution
shall take effect only if they are approved by a majority vote of the property owners of the
property subject to the rates and charges.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
2000
Community Services District this 11 "' day of January, Ju~.,.'~ero/~pres
ident
ATTES:
· Jon E
Dist tary
[seal]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
SS
I, Susan W. Jones, CMC/AAE, City Clerk/District Secretary for the Temecula
Community Services District, do hereby certify that Resolution No. CSD 2000-02 was duly and
regularly adopted by the board of Directors of the Temecula Community Services District at a
regular meeting thereof held on 11th day of January, 2000·
AYES: 5 DIRECTORS:
Naggar, Pratt, Roberts, Stone, Comerchero
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
5 usan W MC/AAE
'ty Cler cretary
R:CSD/Resos 2000-02 3
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
TRACT NOS. 23371, 28482, 28526, AND 29033 (ALL PHASES)
TEMEKU HILLS - SERVICE LEVEL C
MBIA MuniFinancial, Inc. has prepared the Levy Report for the Temecula Community
Services (TCSD) regarding residential lots within Temeku Hills, more specifically identified as
Tract Nos. 23371, 28482, 28526 and 29033 (All Phases), for Fiscal Year 2000-2001. Upon
build-out, Temeku Hills will consist of 1,341 residential lots. 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, 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 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.
The Financial Analysis for Temeku Hills contained herein includes Service Level C and its total
levy budget proposed for Fiscal Year 2000-2001 to be as follows:
Service Level
Service Level C
Levy Budget Rate Level Parcel Charge
$93,870.00 C-5 $70,00
Total TCSD Levy
For Temeku Hills
Service Level C:
$93,870.00
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