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GARDNER <br /> HONSOWETZ MEMORANDUM <br /> POTTER TO: Steven W. tee <br /> BUDGE Stingray Development, Inc. <br /> & FORD <br /> L.L.P. FROM: Whit Budge <br /> Gardner, honsawetz, Potter, Budge & Ford <br /> A tror rys at Law DATE: May 1, 2001 <br /> 715 Country Club Road RE Street Tree Program <br /> Eugene, Oregon 97401 .. <br /> (541) 687-9061 <br /> F l gal 4pper 1 <br /> I have had an opportT ni t review the Street Tree Program adopted <br /> w l�.rf;�rarrryperner as Administrative Rule a " schedule a originally es by the City <br /> 1997, 97, as well as the e <br /> Manager and amended in March of 2000. Based upon my review of the fee <br /> schedules and the application of those schedules to your developments <br /> since the inception of the program, I believe the fees charged are, in reality, <br /> arbitrary and do not conform with the Administrative Rule itself. <br /> As you are aware, under the Street Tree Program, a developer has <br /> the option to either: a) pay to the City a security deposit or bond as <br /> assurance that the developer will properly plant and maintain street trees <br /> 1 pursuit to the Prograrn; or b) enter into an agreement with the City where <br /> the City purchases, installs and maintains the street trees pursuant to the <br /> standards set forth in the Program. <br /> Subsection 1 of Section R- 7.280•F provides for the developer <br /> entering into the agreement with the City and authorizes the City Manager, <br /> pursuant to his or her powers under Eugene Code Section 2.020, to <br /> establish fees for those services. However, the fee established by the City <br /> Manager is limited to the cost of the purchase, installation, and <br /> establishment of the required street trees." <br /> Originally the fee schedule established by the City Manager was <br /> calculated in two different ways. If the developer was to purchase, plant <br /> 7Fmctr„ P 8AW r, P. C • and maintain the trees itself, the bond (or cash deposit) was set at $300 par <br /> xom:ee, u; Bulge. fr.. P • 1 caliper trees and $400 per 2" caliper trees. If, however, an agreement <br /> Allen E. G <br /> Pw P. C: <br /> Allen ardntr, r. G was made where the City took lesponslt?11ity, the fee was as follows: <br /> Jack. 1. Gardner. P.C. <br /> F wiluamlron:ol'eM p C a. Divide the total length of lots abutting local streets by 30, <br /> J.Jjrey F Pahrr, P.C. then multiply by $300; and <br /> of reeve b. Divide the total length of lots that were either: i) <br /> Herb roMhard P.C. commercially zoned; or ii) abutting collector or arterial streets by 30, <br /> .400 adnrRrdl'r>ra. then multiply by $400. <br /> .Flair <fCalifon io <br /> 1 <br />