Colton Municipal Code Ch. 15.32 Bridge Construction

The City has adopted a circulation element of its General Plan, and the Flood control provisions thereof identify streams for which bridge crossings are required on the General Plan or on Local roads.

(Ord. 1430 § 1, 1973)

"Construction" as Used herein includes design, acquisition of Right-of-Way, administration of construction contracts and actual construction.

(Ord. 1430 § 8, 1973)

With regard to any proceedings under this chapter the procedures as set out in Sections 15.32.040 through 15.32.070 Shall apply.

(Ord. 1430 § 2 (part), 1973)

For each area proposed to be benefited by the construction of bridge facilities, a Public Hearing Shall be held by the City Council. Notice Shall be given pursuant to Section 65905 of the Government Code of the State. In addition to the requirements of Section 65905 of the Government Code, such Notice Shall also contain preliminary information related to the boundaries of the Area of Benefit, the estimated cost of the facilities, 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 the Subdivision map or Building Permit Application considered in such proceedings.

(Ord. 1430 § 2(a), 1973)

At such Public Hearing the boundaries of the Area of Benefit, the costs, whether actual or estimated, and a fair method of Fee apportionment Shall be established. A description of the boundaries of the Area of Benefit, the costs, whether actual or estimated, and the method of Fee apportionment established at the hearing Shall be filed by the City with the County Recorder of San Bernardino County. Such apportioned Fees so established Shall be applicable to all areas 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 such Property or portions thereof.

(Ord. 1430 § 2(b), 1973)

The payment of Fees Shall not be required unless the planned bridge Facility is, in addition to any existing bridge facilities, serving the area at the time of the adoption of the boundaries of the Area of Benefit.

(Ord. 1430 § 2(c), 1973)

If within the time when protests May be filed, a Written protest is filed with the City Clerk by the Owners of more than one-half of the area of the Property to be benefited by the Improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings Shall be Abandoned, and there Shall not be for one Year from the filing of such Written protest any further proceedings for the same Improvement or acquisition under the provisions of this chapter. Any protests May be withdrawn by the Owner making the same, in writing, at any time prior to the conclusion of the Public Hearing.

(Ord. 1430 § 2(d), 1973)

If any majority protest is directed against only a portion of the Improvement then all further proceedings under the provisions of this chapter to construct that portion of the Improvements so protested against Shall be barred for the period of one Year, but the City Council Shall not be barred from commencing new proceedings and not including any Part of the Improvement or acquisition so protested against. Nothing herein 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 a majority of the Property within the Area of Benefit are in favor of going forward with such portion of the Improvement or acquisition.

(Ord. 1430 § 3, 1973)

Fees paid pursuant to this chapter Shall be deposited in a planned bridge Facility fund. A separate fund Shall be established for each planned bridge Facility Project. Moneys in such fund Shall be expended solely for the construction or reimbursement for construction of the bridge Facility 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 such bridge Facility.

(Ord. 1430 § 4, 1973)

The City May accept considerations in lieu of the payment of Fees.

(Ord. 1430 § 5, 1973)

The City May advance money from its General Fund or road fund to pay the cost of constructing bridge facilities and May reimburse the General Fund or road fund for such advances from planned bridge Facility funds established to finance the construction of such bridge facilities.

(Ord. 1430 § 6, 1973)

The City May incur an indebtedness for the construction of bridge facilities; provided that the sole security for repayment of such indebtedness Shall be moneys in planned bridge Facility funds.

(Ord. 1430 § 7, 1973)

The City May contract with the Subdivider or the land Developer for the construction of the bridge and reimburse the Subdivider or land Developer for the cost of constructing the Facility.

(Ord. 1430 § 9, 1973)

The City May establish an Area of Benefit and May impose a reasonable charge on Property within the area which is found by the City Council to be benefited by the construction of the bridge. The charge collected Shall be paid to the City or the Subdivider constructing the bridge and the City May enter into a reimbursement agreement with the Subdivider.

(Ord. 1430 § 10, 1973)