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HomeMy WebLinkAbout98_019 TCSD ResolutionRESOLUTION NO. CSD 98-19 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 JANUARY 22, 1999 FOR PROPERTY OWNERS WITHIN PARCEL MAP NO. 26488 TO ESTABLISH SERVICE LEVEL B RATES AND CHARGES BEGINNING FISCAL YEAR 1999-00 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION THE BOARD OF DIRECTORS OF THE TEMECULA 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 January 22, 1999 an election for the purpose of obtaining approval by property owners of Parcel Map No. 26488 in the City of Temecula to establish Service Level B Rates and Charges beginning Fiscal Year 1999-00. 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, Retum 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 January 22, 1999. 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. Ords\CSD 98-19 1 PASSED, APPROVED AND ADOPTED by the Board Community Services Distdct this 8th day of December, 1998. ATTEST: of Directors of the Temecula ~~~erey'~E. Stone, President [SEAL] STATE OF CALIFORNIA ) COUN.TY OF RIVERSIDE ) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution No. CSD 98-19 was duly adopted by the Board of Directors of the Temecula Community Services Distdct at the regular meeting thereof, held on the 8th day of December, 1998, by the following vote of the Board of Directors. AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone None None Ords\CSD 98-19 2 EXHIBIT "A ' NOTICE OF ELECTION PROPOSED SERVICE LEVEL B RATES AND CHARGES FOR PARCEL MAP NO. 26488 BEGINN~G FISCAL YEAR 1999-00 Pursuant to the request of the property owner of Lots 1-4 within Parcel Map No. 26488, the Temecula Community Services District has initiated proceedings to assume maintenance of residential street lighting within Parcel Map No. 26488, beginning with the Fiscal Year 1999/00. 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 1999-00. The proposed Service Level B rate and charge against each of the four (4) above mentioned parcels within Parcel Map No. 26488 beginning Fiscal Year 1999-00 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 1999-00 ($102.72) by the total number of parcels in this subdivision. On December 8, 1998, the Board of Directors conducted a public hearing on the Report and the proposed Service Level B 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 fee were presented by less than a majority of owners of the parcels on which the proposed fee is to be imposed, and levied the rates and charges subject to approval by the property owner subject to the proposed rates and charges. The Board of Directors encourages you to retum the enclosed ballot indicating whether you support or oppose the proposed Service Level B 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 January 22, 1999. The proposed Service Level B 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, the homeowners association will assume responsibility for residential street lighting services within the subdivision. 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 this matter. L TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS PARCEL MAP NO. 26488 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. H. Return of Ballots · 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 January 22, 1999. 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, Califomia 92590. Such request must be received by the City Clerk/District Secretary prior to 3:30 p.m. on January 22, 1999. 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. [!I. 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 January 22, 1999 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, January 22, 1999, at 4:00 p.m. in the Main Conference Koom 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 February 9, 1999. 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 Distfict'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 Clerk/District Secretary at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, Califomia, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590. OFFICIAL BALLOT PARCEL MAP NO. 26488 TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING SERVICES PROPERTY: Lots 1-4 of Parcel Map No. 26488, as filed in Book 91 of Parcel Maps, Page 95, in the Office of the County Recorder of Riverside County, California. OWNER: Mr. Jay Vanderwal 325 Holmwood Drive Newport Beach, CA 92663 YES, I approve of the proposed annual levy of $25.68 for Service Level B on the parcels identified on this ballot. NO, I do not approve of the proposed annual levy of $25.68 for Service Level B on the parcels identified on this ballot. I understand that a "NO" vote may require me to pay street lighting fees to my Homeowners' Association. 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 AT THE CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO 3:30 P.M. ON JANUARY 22, 1999.