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<br />~4A. Zi3 <br /> <br />Centre Maintenance District, Areas of Public Improvement Requiring Maintenance", <br /> <br />attached hereto and by this reference incorporated herein. <br /> <br />(c) <br /> <br />The public interest, convenience and necessity require and this Council <br /> <br />intends to order, that the costs and expenses of maintaining and operating the local <br /> <br />public improvements hereinafter described (the "Improvements"), including the costs of <br /> <br />necessary repairs, replacement, fuel, power, electrical current, care, supervision, <br /> <br />administration, and any and all other items necessary for the proper maintenance and <br /> <br />operation thereof, shall be assessed upon the properties within the District in proportion <br /> <br />to the special benefit conferred on said properties by the maintenance and operation of <br /> <br />the Improvements, which are described, generally, in Exhibit "B", entitled, "General <br /> <br />Description of Improvements and Required Maintenance - Seaport Centre Maintenance <br /> <br />District," attached hereto and by this reference incorporated herein. <br /> <br />(d) <br /> <br />Subsequent to the establishment of the District, at the statewide general <br /> <br />election held on November 5, 1996, the electorate approved Proposition 218 <br /> <br />("Proposition 218") which, among other matters, added Article XIIID to the constitution <br /> <br />of the State of California which, in addition to requiring a protest hearing (such as that <br /> <br />already required under the Ordinance) requires that a property owners' election be held <br /> <br />on the question of approval of levying assessments and that all such assessments shall <br />be supported by a detailed Engineer's Report prepared by a registered professional <br /> <br />engineer certified by the State of California. <br /> <br />(e) <br /> <br />On May 22, 2000, the District was ratified in accordance with Proposition <br /> <br />218 and a property owner election called. On July 10, 2000, the vote was tallied. All <br /> <br />Atty/Reso/Reso.1538 <br />051805 <br /> <br />2 <br />