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Section 4. The City Council finds that the Plan satisfies all requirements of <br />Streets and Highways Code §36622. <br />Section 5. The City Council declares its intention to establish the SATMD and to <br />levy and collect assessments on lodging businesses with seventy (70) rooms or more <br />within the SATMD boundaries pursuant to the Property and Business Improvement District <br />Law of 1994. <br />Section 6. The SATMD shall include all lodging businesses with seventy (70) <br />rooms or more, existing and in the future, located within the boundaries of City of Santa <br />Ana, as shown in the District Boundaries map attached hereto as Exhibit A and <br />incorporated herein by reference. <br />Section 7. The name of the district shall be the Santa Ana Tourism Marketing <br />District ("SATMD"). <br />Section 8. The annual assessment rate is two percent (2%) of gross short-term <br />room rental revenue, which is estimated to be approximately $2,400,000 annually. Based <br />on the benefit received, assessments will not be collected on: stays of more than thirty (30) <br />consecutive days; stays of any officer or employee of a foreign government who is exempt <br />by reason of express provision of federal law or international treaty; stays pursuant to <br />contracts executed prior to January 1, 2021; and stays by any federal or state officer or <br />employee while on official business only and when payment for such occupancy is made <br />directly to the operator by duly authorized voucher payment from a governmental <br />accounting office. This exemption does not exempt a transient who is employed by the <br />United States government or the state or their respective instrumentalities from payment of <br />the assessment when the payment is later to be reimbursed by the United States <br />government or the state or their respective instrumentalities. <br />Section 9. The assessments levied for the SATMD shall be applied toward <br />marketing and sales programs to market assessed lodging businesses in Santa Ana as <br />tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the <br />end of any year may be used in subsequent years in which SATMD assessments are <br />levied as long as they are used consistent with the requirements of this resolution and the <br />Plan. <br />Section 10. The established SATMD will have a five (5) year term, beginning <br />January 1, 2021, through December 31, 2025, unless renewed pursuant to Streets and <br />Highways Code §36660, or disestablished per Streets and Highways Code §36670. <br />Section 11. Bonds shall not be issued <br />Resolution No. 2020-076 <br />Page 2 of 5 <br />65A-4 <br />