85A - RESO - INTENT PUBLIC HEARING DATE DISESTABLISH CMD

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Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on November 7, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13-214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13-214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and/or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19th day of September, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011-XXX Page 2 of 3 85A_2