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HomeMy WebLinkAbout2009-026 - Management District Pursuant to Article XXJWF (OS/08/09) RESOLUTION NO. 2009-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MANAGEMENT DISTRICT PLAN FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT PURSUANT TO ARTICLE XX, CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On December 15, 2008, by Resolution No. 2008-078, pursuant to Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law"), the City Council established the Downtown Santa Ana Community Management District (CMD). B. Resolution 2008-078 and the Management District Plan for the CMD called for the assessment to be levied commencing with Fiscal Year 2008- 2009 and for the CMD to be operative from January 1, 2009 to December 31.2013. C. Economic considerations have dictated that both the initial assessment and operative term be delayed one year. D. The City Council has adopted Resolution No. 2009-020 stating its intent to consider, at a public hearing on May 18, 2009, amending the Management District Plan to levy the initial assessment for Fiscal Year 2009-2010 and fort the CMD to be operative from January 1, 2010 through December 31, 2014. E. Pursuant to Section 13-112 of the Law, notice of the draft resolution of intention was sent to all assessees and published. Following adoption, the resolution was again published. Section 2. A duly noticed public hearing was held on May 18, 2009 as required by the Law. Section 3. The Management District Plan for the Downtown Community Management District are hereby amended as follows: Section G. The last sentence is hereby deleted. Section J is hereby amended to revise the commencement and termination dates of the Plan from commencing on January 1, 2009, and terminating on December 31, 2013 to commencing January 1, 2010 and terminating on December 31, 2014. Resolution No. 2009-026 Page 1 of 2 Section 4. The Management District Plan for the Downtown Community Management District, as amended to reflect the changes set forth in Section 3 of this Resolution and on file in the Office of the Deputy City Manager for Development Services, is hereby approved and shall supersede the Plan previously approved by the City Council. Section 5. Section 6 of Resolution 2008-078 is hereby amended to provide that the initial assessment shall be levied for Fiscal Year 2009-2010 and ending with Fiscal Year 2013-2014. 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 18t" day of Mav 2009. Claudia Alvarez Mayor Pro Tem By: /L J ep A NOES: ABSTAIN: Fletcher~ity Attorney Councilmembers Councilmembers: Councilmembers: Alvarez, Benavides. Bustamante, Martinez, Tinaiero (5) None (0) Pulido, Sarmiento (2) NOT PRESENT: Councilmembers: None (O) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-026 to be the original resolution adopted by the City Council of the City of Santa Ana on Mav 18, 2009. Date: D B Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2009-026 Page 2 of 2