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JWF (11/24/08) <br />RESOLUTION NO. 2008-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA ESTABLISHING THE DOWNTOWN SANTA <br />ANA COMMUNITY MANAGEMENT DISTRICT AND <br />LEVYING ASSESSMENTS WITHIN SUCH DISTRICT <br />PURSUANT TO ARTICLE XX, CHAPTER 13 OF THE <br />SANTA ANA MUNICIPAL CODE <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. Pursuant to Chapter 13, Article XX of the Santa Ana Municipal Code (the <br />"Law"), on October 6, 2008 the City Council adopted Resolution No. 2008- <br />068 (the "Resolution of Intent"), stating the intention of the City Council to <br />establish the Downtown Santa Ana Community Management District (the <br />"Downtown CMD") and to levy and collect assessments within such district <br />and setting a time and place for a hearing on protests to such creation; <br />and, <br />B. The Resolution of Intent approved the Management District Plan entitled <br />the "Downtown Santa Ana Community Management District Plan" (the <br />"Management District Plan") containing all of the information to establish <br />the District required by Section 13-204 of the Law, including a description <br />of the boundaries of the district, the improvements and activities proposed <br />for the district, and the cost of such improvements and activities. Included <br />as part of the Management District Plan is an engineer's report, prepared <br />by a registered professional engineer, which complies with the <br />requirements of Sections 4(a), (b) and (c) of Article XIIID of the California <br />Constitution. As used herein, Management District Plan shall include the <br />engineer's report. <br />C. The City caused notice of a public hearing concerning the proposed <br />establishment of the Downtown CMD and the proposed levy of <br />assessments within such district to be duly mailed, as required by law, to <br />the record owner of each parcel proposed to be assessed within the <br />District; <br />D. After adoption of the Resolution of Intent and issuance of notice for the <br />public hearing, the Downtown CMD Formation Committee recommended <br />that the boundaries of the Downtown District be amended to delete that <br />portion of the proposed district generally bounded by Flower Street on the <br />Resolution No. 2008-XXX <br />55A-3 Page 1 of 7