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<br />Section 8. The proposed activities for the Downtown CMD include <br />beautification and physical enhancement, image enhancement, supplemental <br />maintenance, supplemental public security, and economic enhancement, all as more <br />fully set forth in the Management District Plan. The above improvements and activities <br />will be funded by the levy of the assessments. The revenue from the levy of the <br />assessments within the Downtown CMD shall not be used to provide improvements or <br />activities outside the Downtown CMD or for any purpose other than the purposes <br />specified in the Resolution of Intent. <br /> <br />Section 9. The City may contract with a nonprofit entity comprised of property <br />and business owners within the Downtown CMD to administer any of the activities <br />described in Section 8, above. Such a non-profit entity shall hold funds in trust for <br />purposes related to the contract and may be required to, at no expense to the City, <br />provide an annual independent report of audited financial statements by a certified <br />public accountant of these funds. The report may be funded from assessment proceeds <br />as part of the general administration of the Downtown CMD. At all times the City shall <br />reserve full rights of accounting of this fund. Furthermore, such a nonprofit entity shall <br />be charged, at minimum, with advising the City on the implementation of CMD funded <br />activities and improvements. <br /> <br />Section 10. Properties within the Downtown CMD established by this <br />Resolution shall be subject to any amendments to the Law. <br /> <br />Section 11. The City Clerk or a designee is hereby authorized and directed to <br />record a notice and an assessment diagram pursuant to the Law following adoption of <br />this Resolution. The assessment diagram shall reflect all the boundaries of the <br />Downtown CMD as described in the Management District Plan, with the exception of the <br />Excluded Territory. <br /> <br />Section 12. The adoption of this Resolution and recordation of the notice and <br />assessment diagram pursuant to the Law constitutes the levy of an assessment in each <br />of the fiscal years referred to in the Management District Plan. Each year, the County <br />Auditor of the County of Orange shall enter on the County Assessment Roll opposite <br />each lot or parcel of land the amount of the assessment and such assessment shall <br />then be collected at the same time and in the same manner as the County taxes are <br />collected. Notwithstanding the foregoing, the City shall directly bill for those <br />assessments levied for fiscal year 2008-2009. <br /> <br />Section 13. To ensure that assessment revenues from the Downtown CMD are <br />used to enhance the current level of services provided by the City within the Downtown <br />CMD, the City Council hereby adopts the baseline levels of service as currently <br />provided throughout the Downtown CMD; provided, however, that in the event of a <br />significant downturn in City revenues, the City Council may reduce the level of City <br />public services, including within the Downtown CMD. <br /> <br />Resolution No. 2008-078 <br />Page 4 of 7 <br />