AGENDA #4b

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Receipt of a Paving Petition for Jay Street

 

DATE:             April 14, 2004

 

 

The attached resolution would accept a petition requesting:  (1) that the Town pave a portion of the existing gravel section of Jay Street, and; (2) that the Town assess owners of abutting property for half of the actual project costs.  The petition would be considered for funding during the 2004-2005 budget process.  A copy of the petition is attached.

 

We recommend that the Council adopt the attached resolution.

 

BACKGROUND

 

The Town received a petition for the paving of a portion of Jay Street without curb and gutter.  Jay Street is an existing Town-maintained gravel road approximately 595 feet long and extending south from Village Drive as shown on the attached sketch.  This petition involves paving only approximately 410 feet of Jay Street adjacent to Village West Condominiums.  Our preliminary cost estimate for the project is $28,000, including sub-grade preparation, paving, and drainage system improvements.

 

A majority of the owners, whose properties comprise a majority of the frontage along this portion of Jay Street, have signed the petition.  The petition has been reviewed by the Town Attorney and found to conform with State law.

 

This report was initially scheduled to be received by the Council at its February 23 regular meeting.  However, at the request of a Village West resident, Council consideration was deferred to allow language revisions more clearly stating that the requested paving involves only a portion of Jay Street adjacent to the Village West Condominiums; not the entire length of Jay Street that is maintained by the Town.  The resident did not want the Council’s receipt of this petition to in any way suggest that the remainder of Jay Street could not be considered for paving under a future petition.

 

We have made the revisions and they are acceptable to the resident who made the request.     

DISCUSSION

 

Past practice has been that a petition for street paving is submitted by the property owners, checked for validity, and received by the Council.  The request is then placed on a list with any other paving petitions for funding consideration in the next budget cycle.  Depending on funding availability, paving petition projects are normally undertaken in the order in which petitions are received.  There are presently no other valid petitions on file, and no funds are identified in the Town’s 2003-2004 budget for paving by petition.  We will include this project for funding consideration by the Council during its 2004-2005 budget deliberations this spring.

 

If funding becomes available for a project, Town staff would determine whether the petition is still valid and would make recommendations to the Council on how to proceed.  Under State law (G.S. 160A-216 to 238), a Public Hearing is necessary before the Council can adopt an assessment roll and undertake a project involving assessment of costs to property owners.

 

Normally, the Town would pay for 50% of the project costs under Section 17-28 of the Town Code.  Property owners would pay for the remaining 50% of project costs through assessments on a pro-rata front footage basis when the project is complete.  Since assessment would apply on both sides of the street, a property owner’s share would be 25% of the per linear foot project cost.

 

The amount of assessments would be based on actual final costs incurred and would be set when the project is completed.  Property owners may pay assessments in three (3) annual installments with interest at 6% on each year’s unpaid balance; or may choose a single payment within 30 days of publication of notice of confirmation of the assessment roll.

 

RECOMMENDATION

 

That the Council adopt the attached resolution receiving a petition for paving a portion of Jay Street.

 

ATTACHMENTS

 

1.                  Petition (p. 4).

2.                  Map (p. 5).

 

A RESOLUTION RECEIVING A PETITION FOR PAVING A PORTION OF JAY STREET (2004-04-14/R-3)

 

WHEREAS, the Town has received a petition for paving a portion of Jay Street without curb and gutter; and

 

WHEREAS, the petition has been determined to be valid under G.S. 160A-217 (a): and

 

WHEREAS, the Town does not presently have funds available for this project;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives said petition for the paving of a portion of Jay Street.

 

BE IT FURTHER RESOLVED that the Council directs the Manager to include the Jay Street paving petition funding request for the Council’s consideration during the 2004-2005 budget process.

 

This is the 14^th day of April, 2004.