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ORDINANCE NO. NS- 1829 Page two (3) "Bridge facilities" mean those locations identified in the transportation or flood control provisions of the Circulation Element or other element of the General Plan as requiring a bridge to span a waterway, a railway, freeway, or ca nyon. (4) "Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the con- struction of a major thoroughfare or bridge project. c. The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the City's General Plan or the General Plan of the County of Orange adopted at least thirty (30) days prior to the application for a building permit and on land located within the boundaries of the area of benefit. d. Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. e. Payment of fees shall not be required unless any planned bridge facility is a new 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. f. Action to establish an area of benefit may be initiated by the City Council upon its motion or upon the recommendation of the Executive Director of Public Service Agency. The City Council shall set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing including preliminary information related to the boundaries of benefit, estimated costs and the method of fee apportionment shall be given in accordance with Government Code Section 65091. g. At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn, deter- mine to establish an area of benefit, setting forth the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the City Clerk with the Orange County Recorder's office.