Division 10.
Fees - Bridges or Major Thoroughfares.

25.166.72 Fees - Bridges or major thoroughfares.

There may be required the payment of fees for the purpose of defraying the cost of constructing bridges or major thoroughfares in accordance with the conditions set forth in chapter 4, article 5, of the subdivision map act.

25.166.73 General conditions.

(a)    Facilities to be constructed shall conform to the general plan and for bridges to the transportation, circulation or flood control provisions thereof which identify railways, freeways, or streams for which bridge crossings are required, and in the case of major thoroughfares, to the provisions of the circulation element which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

(b)    Major thoroughfares to be constructed shall be those that are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the boundaries of the area of benefit are established.

(c)    Bridges to be constructed shall be an original bridge serving the area or an addition to any existing bridge facility serving the area at the time the boundaries of the area of benefit are established. No fees shall be collected or expended to reimburse the cost of constructing existing bridge facilities.

(d)    In establishing the property liable for payment of fees under this section, there may be included in the area of benefit land in addition to that which may be the subject of any subdivision map or building permit application being considered concurrently with the proceedings to create a benefiting district.

(e)    In determining the method of fee apportionment for major thoroughfares, land which abuts the proposed improvement shall not be allocated higher fees than land not abutting the improvement unless the abutting property is provided direct useable access to the major thoroughfare.

25.166.74 Resolution of intention to form district.

Whenever the council deems it necessary to form a district representing an area of benefit under the provisions of this article, the council shall by resolution declare its intention to form such a district to establish fees for the construction of bridges or major thoroughfares. The resolution of intention shall state the following:

(a)    The time and place of the public hearing.

(b)    The boundaries of the area of benefit.

(c)    The description of the proposed improvements.

(d)    The estimated cost of the construction of the proposed improvements, including right-of-way design and contract administration.

(e)    The estimated advance or contribution of funds by city.

(f)    The method of fee apportionment.

(g)    The estimated fee which will be established as a condition of approval of final subdivision maps or for issuance of building permits.

(h)    The method of time for filing of protests.

25.166.75 Notice of hearing.

Notice of hearing shall be given by publishing a copy of the resolution of intention once at least ten (10) days prior to the time fixed for the hearing in a newspaper of general circulation. Such notice shall also be given by mailing a copy of said resolution of intention at least fifteen (15) days before the time fixed for the hearing to each owner of land within the proposed improvement district as shown on the last equalized county assessment roll.

25.166.76 Public hearing.

At the time and place fixed in the resolution of intention, the council shall hear any owner liable for the payment of fees who may appear and present testimony material to the matters set forth in the resolution of intention. Also, the council shall hear and pass upon all written protests filed by the owners of land within the proposed improvement district. Written protests must be filed with the city clerk prior to the time of the hearing and must contain a description of the property in which each signer thereof is interested. Each description must be in sufficient detail to clearly identify the same. If the signers of the protests are not shown on the last equalized assessment role as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. The hearing may be continued from time to time by the council.

25.166.77 Maiority protests.

(a)    If, within the time when a protest may be filed under the provisions of this section, there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited 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 benefited, then the proposed proceedings shall be abandoned and the council shall not for one (1) year from the filing of that written protest commence or carry on any proceedings for the same improvements or acquisition under the provisions Of this section.

Protests may be withdrawn by the owner making the same, in writing, at anytime prior to the conclusion of the public hearing.

(b)    If any majority protest is directed against only a portion of the improvements, then all further proceedings under the provisions of this section to construct that portion of the improvements so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any party of the improvements or acquisition so protested against. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds by the affirmative vote of four-fifths of its members that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvements or acquisition.

25.166.78 Resolution of district formation.

(a)    If a majority protest is not filed, or If filed and protests are withdrawn such that less than a majority protest exists at the conclusion of the hearing, the council shall by resolution determine whether or not It is deemed necessary to form the district representing an area of benefit and establish the fees therefor. A certified copy of the resolution designating a benefiting district shall be recorded by the city in the office of the Solano county recorder. The apportioned fees specified in said resolution shall be applicable to all property within the area of benefit, and shall be payable as a condition of approval of a final subdivision map or as a condition of issuing a building permit for new construction of a building.

(b)    Any action or proceeding to attack, review, set aside, void or annul the resolution forming the district, designating the area of benefit and establishing the fees therefor, or any of the proceedings, acts or determinations taken, done or made prior to the adoption of such resolution shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date of adoption of such resolution. Thereafter, all persons are barred from any such action or proceeding, or from raising as a defense any defense of invalidity of such resolution or of such proceedings, acts, or determinations.

(c)    Any defect, error or informality in the publication or mailing of notices of the hearing, or of the landowner of person interested in the land to receive the notice shall not invalidate any proceedings conducted or resolution adopted pursuant to this section.

25.166.79 Fees collected.

(a)    Fees paid pursuant to this article shall be deposited in a planned bridge facility or major thoroughfare fund. A separate fund shall be established for each planned bridge facility project or 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.

(b)    Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

(c)    A resolution adopted pursuant to this article may provide for the dedication of land or construction of improvements in lieu of the payment of fees.

25.166.80 Advance or contribution of city funds.

(a)    The city may advance money from its general or other fund to pay the cost of constructing all or a portion of the improvement and may reimburse the general or other fund for such advance from planned bridge facility or major thoroughfare funds established to finance the construction of such improvements.

(b)    Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the council shall make provision for payment of the share of the improvement cost apportioned to such land from sources other than the planned bridge facility or major thoroughfare fund.

25.166.81 Reimbursement to subdivider or developer.

Whenever a subdivider or land developer is required to pay a fee for the construction of a bridge or improvement of a. major thoroughfare as a condition precedent to the acceptance of a final subdivision map or as a condition of issuing a building permit, and the facility is, or is to be, dedicated to the public, the council may contract with the subdivider or land developer for the construction of the bridge or improvement of a major thoroughfare, and reimburse the subdivider or land. developer for the cost of constructing the facility from the fees collected from the benefiting district.

(Ord. No. 80-42, § 1.)