75A - PH RESO DWNTWN SA CMTY MGT

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used only for the purposes specified in this Resolution. This fund shall be subject to an annual independent audit of financial statements. Section 8. The proposed activities for the Downtown CMD include beautification and physical enhancement, image enhancement, supplemental maintenance, supplemental public security, and economic enhancement, all as more fully set forth in the Management District Plan. The above improvements and activities will be funded by the levy of the assessments. The revenue from the levy of the assessments within the Downtown CMD shall not be used to provide improvements or activities outside the Downtown CMD or for any purpose other than the purposes specified in the Resolution of Intent. Section 9. The City may contract with a nonprofit entity comprised of property and business owners within the Downtown CMD to administer any of the activities described in Section 8, above. Such anon-profit entity shall hold funds in trust for purposes related to the contract and may be required to, at no expense to the City, provide an annual independent report of audited financial statements by a certified public accountant of these funds. The report may be funded from assessment proceeds as part of the general administration of the Downtown CMD. At all times the City shall reserve full rights of accounting of this fund. Furthermore, such a nonprofit entity shall be charged, at minimum, with advising the City on the implementation of CMD funded activities and improvements. Section 10. Properties within the Downtown CMD established by this Resolution shall be subject to any amendments to the Law. Section 11. The City Clerk or a designee is hereby authorized and directed to record a notice and an assessment diagram pursuant to the Law following adoption of this Resolution. The assessment diagram shall reflect all the boundaries of the Downtown CMD as described in the Management District Plan, with the exception of the Excluded Territory. Section 12. The adoption of this Resolution and recordation of the notice and assessment diagram pursuant to the Law constitutes the levy of an assessment in each of the fiscal years referred to in the Management District Plan. Each year, the County Auditor of the County of Orange shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected. Notwithstanding the foregoing, the City shall directly bill for those assessments levied for fiscal year 2008-2009. Section 13. To ensure that assessment revenues from the Downtown CMD are used to enhance the current level of services provided by the City within the Downtown CMD, the City Council hereby adopts the baseline levels of service as currently provided throughout the Downtown CMD; provided, however, that in the event of a Resolution No. 2008-XXX 75A-7 Page 4 of 7