55B - RESO OF INTENT COMM MGMT DST

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District Plan is a engineers report, prepared by a registered professional engineer, which complies with the requirements of Sections 4(a), (b) and (c) of Article XIIID of the California Constitution. As used herein, Management District Plan shall include the engineer's report. F. Articles XIIID of the California Constitution and Sections 54750 through 53756 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments, including mailing of a notice to each affected property owner regarding the proposed assessment, conducting a ballot procedure, and holding a public hearing. Section 2. Pursuant to Sections 13-202 and 13-203 of the Law, the City Council declares its intention to establish "The Downtown Santa Ana Community Management District" (the "District") for five years, and to levy and collect assessments against lots and parcels of real property within the District, commencing with fiscal year 2008-09. Section 3. The City Council hereby approves the Management District Plan on file in the office of the Clerk of the Council. The City Clerk shall make the Management District Plan and other documents related to the District available to the public for review during normal business hours. Section 4. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the establishment of the District and the levy and collection of assessments for fiscal year 2008-09 on December 1, 2008 at 6:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center, Santa Ana, California 92702. Section 5. The City Manager is hereby authorized to exercise the City's voting rights regarding the District balloting. Section 6. At the public hearing, the City Council will consider all objections or protests, if any, to the proposed establishment of the District and the proposed assessment, and will tabulate property owner ballots. Any interested person may present written or oral testimony at the public hearing. Ballots must be submitted to the City Clerk by the end of the public comment portion of the public hearing. A. Ballots will remain sealed until tabulated following the close of the public hearing on the District. Proceedings to establish the District will be abandoned if a majority protest exists at the conclusion of the public hearing. A majority protest shall be deemed to exist if ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Ballots shall be weighted and tabulated according to the proposed assessment against the property. 55B-5 Resolution No. 2008-XXX Page 2 of 4