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etermining whether a quorum exists at meetings of SABC. <br />§L06 City Residents/Business Operators on the Board <br />A majority of the Board shall be City residents or business operators. If the number of <br />members who are City residents or business operators becomes less than a majority due to the <br />death, resignation, or change of residence or business location, SABC shall not be in default under <br />this section, provided, however, that the next member appointed to the Board shall be a City <br />resident or business operator. <br />ARTICLE 2 <br />REPORTS AND RECORDS <br />AND BID FUND TRANSFERS <br />§ 2.01 Annual Budget and Program Report <br />(a) No later than November First (I") of each year, SABC shall provide the City Manager <br />with a copy of a detailed calendar year operating budget showing expected sources of revenue and <br />the nature of all expected or proposed expenditures for the forthcoming calendar year and a report <br />on the proposed programs to be undertaken by SABC in said calendar year. <br />(b) The proposed budget shall be submitted to the City Council for approval subject to <br />the procedures provided for in California Streets and Highway Code Section 36530 et seq. If the <br />proposed budget is accepted by the City Manager, it shall be submitted to the City Council for <br />approval, in whole or in part. If the proposed budget is rejected by the City Manager, the City <br />Manager and SABC shall meet in good faith in an attempt to reach agreement on a budget. If <br />they are unable to do so, the City Manager shall submit the SABC's proposed budget to the City <br />Council for approval, in whole or in part. <br />(c) SABC acknowledges that its proposed budget in any given calendar year will consist <br />of 50% of all BID assessments collected from businesses subject to the Downtown Santa Ana <br />Business Improvement Area as reflected in Ordinance NS-1715. <br />(d) SABC further acknowledges that the use of all BID proceeds will be subject to the <br />BID laws as currently exist and/or as may be modified in the future; and that expenditures of BID <br />funds will be for the purposes identified in Ordinance NS-1715. <br />(e) The City shall establish and maintain in its accounting system a trust fund account for <br />the deposit of BID assessment monies collected together with a specific account activity code <br />which shall reflect the deposit and expenditure reimbursement of BID assessment monies <br />apportioned for use by SABC pursuant to subsection (c) above. <br />(f) SABC shall have the option for the first year of this Agreement to request an advance <br />4 <br />25D-18