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In each area requiring the payment of fees for bridge crossings pursuant to this article, the City Engineer shall propose the formation of a bridge benefit district. The Council shall adopt for each such area a resolution of intention to establish such a benefit district. The resolution of intention shall reference the boundaries of the benefitted district and shall direct the engineer of the work to prepare a report regarding the proposed costs and the proposed collection of fees.
('66 Code, § 9-4.1905) (Ord. 571-C-S, passed 2-28-84)
Upon the receipt of the report of the engineer, the Council shall set a public hearing for each area benefitted. Notice shall be given pursuant to Cal. Gov't Code § 65905. In addition to the requirements of said Cal. Gov't Code § 65905, such notice shall contain preliminary information related to the boundaries of the area of benefit, the estimated costs, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such proceeding.
('66 Code, § 9-4.1906) (Ord. 571-C-S, passed 2-28-84)
At such public hearing, the Council, by resolution, shall establish the boundaries of the area of benefit, the actual or estimated costs, and a fair method of the allocation of costs to the area of benefit and fee apportionment. The method of fee apportion-ment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare. A certified copy of the resolution shall be recorded with the County Recorder. Such fees shall be applicable to all property within the area of benefit and shall be payable as a condition of the approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees, the Council shall make provision for the payment of the share of improve-ment costs apportioned to such land from other sources.
('66 Code, § 9-4.1907) (Ord. 571-C-S, passed 2-28-84)
The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.
('66 Code, § 9-4.1908) (Ord. 571-C-S, passed 2-28-84)
The payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Such fees shall not be expended to reimburse the cost of existing bridge facility construction.
('66 Code, § 9-4.1909) (Ord. 571-C-S, passed 2-28-84)
Written protests to the payment of fees may be made by property owners affected by the proposed collection of fees up until the close of the public hearing. If there is a written protest by the owners of more than one-half of the area of the property to be benefitted by the improvements, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Council, for one year after the filing of such written protest, shall not commence or carry on any proceedings for the same improvement or acquisition under the provisions of this article. Any protest may be withdrawn by the owner making the protest, in writing, at any time prior to the conclusion of a public hearing held pursuant to this article.
('66 Code, § 9-4.1910) (Ord. 571-C-S, passed 2-28-84)
Fees paid pursuant to this article shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected or to reimburse the city for the cost of constructing the improvement.
('66 Code, § 9-4.1911) (Ord. 571-C-S, passed 2-28-84)
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