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ORDINANCE NO. NS- <br />Page two <br />(3) "Bridge facilities" mean those <br />locations identified in the transportation or flood <br />control provisions of the Circulation Element or <br />other element.of the General Plan as requiring a <br />bridge to span a waterway, a railway, freeway, or <br />canyon. <br />(4) "Area of benefit" means a specified- <br />area wherein it has been determined that the real <br />property located therein will benefit from the con- <br />struction of a major thoroughfare or bridge project. <br />c. The provisions herein for payment of a <br />fee shall apply only if the major thoroughfare or <br />bridge facility has been included in an element of <br />the City's General Plan or the General Plan of the <br />s County of Orange adopted at least thirty (30) days <br />prior to the application for a building permit and <br />on land located within the boundaries of the area <br />of benefit. <br />d. Payment of fees shall not be required <br />unless any major thoroughfares are in addition to, <br />or a widening or reconstruction of, any existing <br />major thoroughfares serving the area at the time of <br />the adoption of the boundaries of the area of benefit. <br />e. Payment of fees shall not be required <br />unless any planned bridge facility is a new bridge <br />serving the area or an addition to an existing <br />bridge facility serving the area at the time of the <br />adoption of the boundaries of the area of benefit. <br />f. Action to establish an area of -benefit <br />may be initiated by the City Council upon its <br />motion or upon the recommendation of the Executive <br />Director of Public Service Agency. The City Council <br />d shall set a public hearing for each proposed area <br />benefitted. Notice of the time and place of said <br />hearing including preliminary information related <br />to the boundaries of benefit, estimated costs and <br />the method of fee apportionment shall be given in <br />accordance with Government Code Section 55091. <br />g. At the public hearing the City Council <br />will consider the testimony, written protests, and <br />other evidence. At the conclusion of the public <br />hearing the City Council may, unless a majority <br />written protest is filed and not withdrawn, deter - <br />mine to establish an area of benefit, setting forth <br />the boundaries of the area of benefit, setting <br />forth the cost, whether actual or estimated, and <br />the method of fee apportionment. A certified copy <br />of such resolution shall be recorded by the City <br />a Clerk with the Orange County Recorder's office. <br />