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6.3D <br />Page 4 <br />Maintenance District, Areas of Public Improvement Requiring Landscape <br />Maintenance", attached hereto and by this reference incorporated herein. <br />(c) The public interest, convenience and necessity require and this Council <br />intends to order, that the costs and expenses of maintaining and operating the local <br />public improvements hereinafter described (the "Improvements"), including the costs <br />of necessary repairs, replacement, fuel, power, electrical current, care, supervision, <br />administration and any and all other items necessary for the proper maintenance and <br />operation thereof, shall be assessed upon the properties within the District in <br />proportion to the special benefit conferred on said properties by the maintenance and <br />operation of the Improvements, which are described, generally, in Exhibit "B", entitled, <br />"General Description of Improvements and Required Maintenance - Seaport <br />Boulevard Landscape Maintenance District," attached hereto and by this reference <br />incorporated herein. <br />(d) Subsequent to the establishment of the District, at the statewide general <br />election held on November 5, 1996, the electorate approved Proposition 218 <br />("Proposition 218") which, among other matters, added Article XIIID to the constitution <br />of the State of California which, in addition to requiring a protest hearing {such as that <br />already required under the Ordinance) requires that a property owners' election be <br />held on the question of approval of levying assessments and that all such <br />assessments shall be supported by a detailed Engineer's Report prepared by a <br />registered professional engineer certified by the State of California. <br />(e) On May 22, 2000, the District was ratified in accordance with Proposition <br />218 and a property owner election called. On July 10, 2000, the vote was tallied. All <br />Atty/Reso/Reso.2011 <br />051010 2 <br />