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HomeMy WebLinkAbout99_004 TCSD ResolutionRESOLUTION NO. C,,8O 11-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DiTRICT ADOPTING SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT NO. 23143 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: .~-,~,ion 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Ternecula Community Services District ("'I'CSD"), to provide specified services to properties within its jurisdiction. Section ~. 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 Cede Sealions 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 Cede Section 61621.2, the TCSD caused a wdtten report ("Report") to be prepared and filed by the Secretary of the TCSD, which Report contains a description of each parcel of real proparty within Tract No. 23143 and the proposed amount of the rates and charges against each parcel for fiscal year 2000.-01. A summary of the Repod 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 Repod is on file in the office of the SecretaW of the TCSD, and is available for public inspection. Section 4. By previous resoluUon, the Board of Directors acknowledged the filing of the Report, and appointed a Ume and place for a public headng on the Repod and the proposed rates and charges. Notice of the public headng 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 Apdl 13, 1999, the Board of Directors conducted a public hearing on the Repod and the proposed rates and charges. At the public headng, the Board of Directors heard and considered all oral and wdtten 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. Secti~6. The Board of Directors hereby finds and determines that, based on the Report and the Distdct 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:reso CSD99-04 1 ~,m,zek~n 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. Jell~i--t 8. The TCSD shell collect such rates and charges at the sam time and in the sam manner and by the same persons as. together with and not separately from, the proparty 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 Califomia 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, pdor 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. .~l-.q 9. If a property owner subject to these rates and charges questions the classification of the owner's property for fiscal year 2000-O1, 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 properly 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. -q,~ction 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 Decamber 1, 2000, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. lectlan 11. The SecretaW of the TCSD is heraby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, Califomia before August 10, 2000 the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt therafrorn; and the County Auditor is heraby 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 19. Pursuant to the Califomia 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. ~ection 13. The Secretary of the TCSD shall certify to the adoption of this Resolution. R:resoe CSD99-04 2 ~.~i,~t 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 June 2, 1999. PAS~ED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 13th day of Apdl, 1999. Jeff Comerchero, President ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, City Clerk of the City of Ternecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 99-04 was duly adopted at a regular meeting of the Temecula Community Services Distdct on the 13th day of Apdl, 1999, by the following roll call vote. AYES: 5 DIRECTORS: Ford, Lindemans, Roberts, Stone, Comerchero NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None R:resos caD99-04 3 RESOLUTION NO. C&D 99-04 EXHIBIT A PROJECT SUMMARY TEMECULA COMtFJNITY SERVICES DISTRICT TRACT NO. 23143 SERVICE LEVELS B, C, AND D MBIA MuniFinandal, Inc. has prepared the Levy Report for the Ternecula Community Services CTCSD) regarding 1,026 future residential lots within Tract No. 23143 and its subsequent phases for the Fiscal Year 2000-01. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Govemment Code of the State of California, commenting 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 fadtitles fumished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a spedtic 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: e Service level R - R,,eidenfb,I Rtreet I reOrtfe. Operations, maintenance, utility costs and administration of all residential street lights. RNViCe I eve4 C - Perimeter I sand-,,~Oing and ~ Maintenance. Operations, maintenance, utility costs, improvements, and administration for all padmeter landscaping and slope maintenance areas maintained by the TCSD. Service Ievel In - Refuse Collection. ReGydino :~nd Street Sweeping. Operation and administration of the refuse and recycling program, and street sweeping services for all single-family residential homes.