411.5

SEC. 411.5. PRINCIPLES IN CALCULATING FEE. The following principles have been and shall in the future be observed in calculating the TIDF: (a) Actual cost information provided to the National Transit Database shall be used in calculating the fee rates. Where estimates must be made, those estimates shall be based on such information as the Director of Transportation or his or her delegate considers reasonable for the purpose. (b) The rates shall be set at an actuarially sound level to ensure that the proceeds, including such earnings as may be derived from investment of the proceeds and amortization thereof, do not exceed the capital and operating costs incurred to maintain the applicable base service standard in light of the demands created by new development subject to the fee over the estimated useful life of such new development. For purposes of Section 411.1 et seq. of this Code, and any Comprehensive Five Year Evaluation of the TIDF under Section 410, the estimated useful life of a new development is 45 years. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010 ; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013) AMENDMENT HISTORY Section header amended; former division (a) deleted; designation of former division (b) deleted and division retained as undesignated introductory paragraph; former divisions (b)(1) and (b)(2) redesignated as divisions (a) and (b) and amended; Ord. 247-12 , Eff. 1/17/2013. SEC. 411.6. TIDF FUND. Money received from collection of the TIDF, including earnings from investments of the TIDF, shall be held in trust by the Treasurer of the City and County of San Francisco under Section 66006 of the Mitigation Fee Act (Cal. Gov. Code § 60000 et seq.) and shall be distributed according to the fiscal and budgetary provisions of the San Francisco Charter and the Mitigation Fee Act, subject to the following conditions and limitations. TIDF funds may be used to increase revenue service hours reasonably necessary to mitigate the impacts of new non- residential development on public transit and maintain the applicable base service standard, including, but not limited to: capital costs associated with establishing new transit routes, expanding transit routes, and increasing service on existing transit routes, including, but not limited to, procurement of related items such as rolling stock, and design and construction of bus shelters, stations, tracks, and overhead wires; operation and maintenance of rolling stock associated with new or expanded transit routes or increases in service on existing routes; capital or operating costs required to add revenue service hours to existing routes; and related overhead costs. Proceeds from the TIDF may also be used for all costs required to administer, enforce, or defend Section 411.1 et seq. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 411.7. RULES AND REGULATIONS. The MTA is empowered to adopt such rules, regulations, and administrative procedures as it deems necessary to implement Section 411.9. In the event of a conflict between any MTA rule, regulation or procedure and Sections 411.1 through 411.9 of this Code, the code section in conflict shall prevail. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010 ; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013) AMENDMENT HISTORY Section amended; Ord. 247-12 , Eff. 1/17/2013. SEC. 411.8. CHARITABLE EXEMPTIONS. (a) When the property or a portion thereof will be exempt from real propert