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HomeMy WebLinkAbout00_018 TCSD Resolution I I I RESOLUTION NO. CSD 2000-18 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 18, 2001 REGARDING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 29036 IN ORDER TO ESTABLISH SERVICE LEVEL B RATE AND CHARGES BEGINNING FISCAL YEAR 2001-2002 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 18, 2001, an election for the purpose of submitting to the property owners of Tract No. 29036 in the City of Temecula proposed Service Level B Rates and Charges beginning Fiscal Year 2001-02. 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, Return and Tabulation of Ballots ("Ballot Procedures") attached as Exhibit Band incorporated by this reference 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 4. All ballots must be received by the Secretary of the Temecula Community Services District no later than 3:30 p.m. on January 18, 2001. In all particulars not recited in this Resolution, the election shall be held and conducted as provided in the Ballot Procedures. Section 5. 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. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 28th day of November, 2000. ~~:~ ~"::.j ~~ ~ - . '/",. R: Resos/CSD 2000-18 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss I, Susan W. Jones, Secretary of the Temecula Community Services District, do hereby certify that the foregoing Resolution No. CSD 2000-18 was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 28th day of November, 2000 by the following vote of the Board of Directors. AYES: 4 DIRECTORS: Naggar, Pratt, Roberts, Stone NOES: ABSTAIN: DIRECTORS: None o 1 DIRECTORS: Comerchero R: Resos/CSD 2000-18 2 I Exhibit A OFFICIAL BALLOT TRACT NO. 29036 TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING SERVICES I PROPERTY: 0 YES, I approve of the proposed Parcels 1,2,3 and 4 of Parcel Map No. 13784 annual levy of $25.68 for Service Recorded May 23, 1980 in Book 78, page 50, Level B on the parcels identified on and a portion oflots 16,17,18,19,20,26,27 and this ball ot. 28 of Tract No. 20882-3 Recorded in Book 185, Pages 1-7, of Official Records, County of Riverside, State of California, lying within Rancho California. 0 NO, I do not approve of the OWNER: proposed annual levy of $25.68 for Service Level B on the parcels Mr. James Howard Didion Sr. identified on this ballot. Howard Roberts Development Company 1725 Orange Tree Lane, Suite C Redlands, CA 92374 I hereby declare, under penalty of peljury 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 CLERKlDISTRICT 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 18, 2001. I I I I NOTICE OF PUBLIC HEARING CONTINUANCE TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED IMPOSITION OF SERVICE LEVEL B, AND SERVICE LEVEL D RATES AND CHARGES AGAINST RESIDENTIAL LOTS WITHIN TRACT MAP NO. 29036 BEGINNING IN FISCAL YEAR 2001-02 Pursuant to the request of the property owners of 24 future residential lots within Tract Map No. 29036, the Temecula Community Services District (TCSD) has initiated proceedings to assume responsibility for residential street lighting and refuse collection services within Tract Map No. 29036 beginning with the 2001-02 fiscal year. In response to this request, and in accordance with Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the parcels within Tract Map No. 29036 and the proposed amounts of the annual rates and charges for each parcel beginning in Fiscal Year 2001-02. The TCSD Board of Directors lias opened and continued a public hearing at the following date, time and location on the Report and the proposed imposition of rates and charges within Tract Map No. 29036: Date: Time: Location: November 28, 2000 7:00 p.m. City Council Chambers City Hall 43200 Business Park Drive Temecula, California 92590 This Public Hearing was continued because two Directors were absent, and the President was unable to vote, due to the proximity of his residence to Tract Map No. 29036. At the continued public hearing, the City Council and TCSD Board of Directors will hear and consider all objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner may file with the City Clerk a written protest against the rates and charges at any time prior to the conclusion of the public hearing. The TCSD operates under the authority of the Community Services District Law and provides residential street lighting, perimeter landscaping and slope maintenance, street and road maintenance, and refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. R:\smithb\Elections\29036 Election\Notice of Public Hearing II.doc 11/15/2000 I I I Property owners only pay for the services that they actually receive through separate rates and charges on their property tax bill. The services proposed to be provided to Tract Map No. 29036 by the TCSD are divided into two (2) service levels: 1. Service T evel R _ Re<ic1ential Street T igl1t< The revenues from this Service Level are used to finance the operation, maintenance, utility costs and administration of residential streetlights. The annual charge is calculated by dividing the total estimated cost for the fiscal year by the total number of improved residential lots with residential streetlights. For fiscal year 2001-02, this amount is proposed to be no more than $25.68 per residential parcel. 2. Service T "vel 1) - R"fil<" Coll"ction, indllc1ing Recycling anc1 Street Sweeping The revenues from this Service Level are used to finance the operation and administration of the refuse collection program, including recycling and street sweeping services, for all single-family residential homes. The annual charge is calculated by dividing the total estimated cost of residential service for the fiscal year by the total number of improved residential lots. For fiscal year 2001-02 this amount is proposed to be $172.56 per occupied residential parcel. If you have any questions about this notice or the proposed rates and charges, please do not hesitate to contact the TCSD at (909) 694-6480. - 2 - 990211 11086-00007 rdw 11021060 I I I EXHIBIT B TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS TRACT MAP NO. 29036 I. Comoletion of Ballots . Who may complete a ballot The owner ofthe parcel to be charged may complete a ballot. As used in these Procedures, the term "owner" includes the owner's authorized representative. Ifthe 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 peJjury, 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. II. 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. R:\smithb\Elections\29036 Election\Notice of Election-Procedures.doc 11/15/2000 I I I . When to return ballots All returned ballots must be received by the City ClerklDistrict Secretary's Office prior to 3:30 p.m. on January 18, 2001. The City ClerklDistrict 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 C1erklDistrict Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City ClerklDistrict Secretary prior to 3:30 p.m. on January 18, 2001. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City ClerklDistrict Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. III. Tabulation of Ballots . Wbicb ballots will be counted Only ballots, which are completed and retumed in compliance with these procedures, will be counted. Ballots received by the City ClerklDistrict Secretary after 3:30 p.m. on January 18,2001 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 ClerklDistrict 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 ClerklDistrict Secretary. . Wben and where will the ballots be tabulated Ballots will be opened and tabulated on Thursday, January 18,2001, at 4:00 p.m. in the Main Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. I . Results oftabulation 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 January 23, 2001. 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 District'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 ofpeJjury, 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. IV. 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. I I I I VICINITY MAP TRACT 29036 N ~ LOCATION MAP (NO SCALE)