HomeMy WebLinkAbout00_006 TCSD ResolutionRESOLUTION NO. CSD 2000-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL
D RATES AND CHARGES FOR TRACT NO. 28510 AND ITS
SUBSEQUENT 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:
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 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 street lighting,
perimeter landscaping and slope maintenance, and refuse collection 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. 28510 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 March 21, 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.
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.
R:Resos. CSD~2000-06 I
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 1% 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.
Section 13. The Secretary of the TCSD shall certify to the adoption of this
Resolution.
R:Resos CSD~2000-06 2
Section 14. The Service Level B and Service Level C rates and charges
adopted by this resolution shall take effect only if they are approved by a majority of the
property owners of the property subject to the rates and charges voting at an election to be held
on May 11, 2000.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services Distdct this 21 ,t day of March, 2000.
ATTEST-
· Jones, E
[SEAL]
C ero~t
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk/District Secretary of the Temecula Community
Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 2000-06 was
duly adopted at a regular meeting of the Temecula Community Services District on the 21"t day
of March, 2000, by the following roll call vote.
AYES: 4 DIRECTORS:
Naggar, Pratt, Stone, Comerchero
NOES: 0 DIRECTORS: None
ABSENT: I DIRECTORS: Roberts
Susa CM~C~E
City t Secretary
R:Resos CSD~000-06 3
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
TRACT NO. 28510 SERVICE LEVELS B, C, AND D
A Levy Report has been prepared by the Temecula Community Services (TCSD)
regarding 242 residential lots within Tract No. 28510 and its subsequent phases for the
Fiscal Year 2000-01. 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 retes 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, operetion and maintenance
and/or progrem 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 administretion
for all perimeter landscaping and slope maintenance areas maintained by
the TCSD.
Service Level D - Refuse Collection, Recycling and Street Sweeping.
Operation and administration of the refuse and recycling program, and
street sweeping services for all single-family residential homes.
The Financial Analysis contained herein for Tract No. 28510 includes Service Levels B,
C, and D with their total levy budgets for Fiscal Year 2000-2001 to be as follows:
SERVICE LEVEL/LEVY BUDGET
Service Level B
Service Level C-6
Service Level D
RATE LEVEL PARCEL CHARGE
$ 6,214.56 N/A $25.68
$54,450.00 C-6 $225.00
$41,759.52 N/A $172.56
Tract No. 28510
Total TCSD Levy
For Service Levels
B, C, and D
$102,424.08