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Section 3. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />(a) That the canvas of votes cast by the property owners is completed and <br />has been certified by the Clerk of the Council, and the votes cast were as set forth in <br />Exhibit B to this Resolution, attached hereto and made a part hereof by this reference. <br />(b) As determined by the ballots cast as weighted according to the amount of <br />assessment owed by each parcel, a majority of the property owners voted in favor the <br />proposed assessment. No ballots were considered from property owners within the <br />Excluded Territory. <br />Section 4. The City Council heard and considered all objections or protests to <br />the proposed assessments and tabulated the assessment ballots submitted, and not <br />withdrawn, in support of or opposition to the proposed assessments. The City Council <br />hereby finds that a majority protest does not exist as defined in Section 4(e) of Article <br />XIIID of the California Constitution and Section 53753 of the California Government <br />Code. All objections or protests, both written and oral, are hereby duly overruled. <br />Section 5. Pursuant to the Act, the Downtown Santa Ana Community <br />Management District (the "Downtown CMD") is hereby established. The City Council <br />hereby finds that the properties within the Downtown CMD will be benefited by the <br />improvements and activities funded by the assessment to be levied. <br />Section 6. Levy of the Assessment. <br />(a) Except where funds are otherwise available, an assessment will be levied <br />annually to pay for all the improvements and activities to be provided within the <br />Downtown CMD, commencing with fiscal year 2008-09 and ending with fiscal year <br />2012-13. For purposes of levying and collecting assessments within the Downtown <br />CMD, a fiscal year shall commence on each July 1st and end on the following June <br />30th. <br />(b) The total amount of the proposed assessment to be levied and collected for <br />fiscal year 2008-09 shall be approximately $920,000, based on the maximum <br />assessment rates described in the Management District Plan. Said assessment and <br />rates shall continue for each of the succeeding four fiscal years and may increase by <br />the maximum rate set forth in the Management District Plan. Increases in building area <br />due to new construction may also cause an increase in the total assessment for a <br />parcel in any given year. <br />(c) The method and basis of levying the assessment shall be as set forth in the <br />Management District Plan. <br />Section 7. There is created a special fund designated as the "Downtown Santa <br />Ana Community Management District Fund" into which all revenue derived from <br />assessments levied pursuant to this Resolution shall be placed, and such funds shall be <br />Resolution No. 2008-XXX <br />55A-5 Page 3 of 7