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344 <br /> <br />~ESOLUTION NO. 88-~ <br />PAGE TWO <br /> <br /> 3. The use to which the abovesaid fee will be <br />put is set forth in SAMC section 13-112 as follows: <br /> <br /> "Monies in a transportation system improvement <br />program area fund shall be expended to improve the <br />transportation system within the area for which such <br />fund was established, or outside such area only when <br />such improvement will substantially benefit such area." <br /> <br />The public facilities to be financed by the fee are identi- <br />fied in Exhibit A, attached hereto and incorporated herein. <br /> <br /> 4. The fee applies to all types of development <br />projects, including residential, commercial, office and indus- <br />trial; subject to certain limited exceptions set forth in <br />section 8-44. The use of the fee for transportation system <br />improvements is reasonably related to all types of develop- <br />ment projects because the owners, occupants and visitors of <br />all types of uses are benefitted by improved vehicular traffic <br />flow. <br /> <br /> 5. The need for the public facilities is reason- <br />ably related to all types of development projects because all <br />types of development projects generate vehicular traffie. The <br />restriction of the use of fees to transportation system improve- <br />ments which are located in, or which substantially benefit, the <br />area of the City from which the fees are derived assures that <br />the fees derived from any given development project are used <br />to provide those transportation improvements which most directly <br />address the needs created by such develpment project. <br /> <br /> 6. As used hereinafter "project" means proposed <br />construction which is subject to the payment of a fee pursuant <br />to SAMC section 8-44 and as to which construction pursuant to a <br />validly issued building permit has not commenced as of the effec- <br />tive date of this resolution. <br /> <br /> 7. The fees established by this resolution shall <br />apply to all projects except as otherwise hereinafter provided. <br /> <br /> 8. Any project for which a building permit has been <br />issued prior to the effective date of this resolution shall be <br />subject to the one percent (1%) fee formerly specified in SAMC <br />section 8-44 unless such building permit expires without com- <br />mencement of construction. <br /> <br /> <br />