Special Charge for Princess Street, Drysdale, Footpath

The City of Greater Geelong is levying a special charge on residents in Princess Street (west side between Newcombe Street and Eversley Street) for footpath construction - below is an extract from the agenda for the Council meeting for tomorrow night (10 August)

PRINCESS STREET, DRYSDALE - PROPOSED FOOTPATH AND KERB & CHANNEL CONSTRUCTION - SRC 292 - DECLARATION OF CHARGE

Portfolio: Transport and Infrastructure - Cr Richards

Source: City Services - Engineering Services

General Manager: Gary Van Driel

Index Reference: Subject: Special Rates and Charges

Street: Princess Street, Drysdale

Summary

• This report relates to a proposed special charge scheme for construction of footpath and kerb & channel in Princess Street, Drysdale west side between Newcombe Street and Eversley Street as shown on plan - Appendix 5-3.
• The section of footpath and road services a residential area and is in close proximity to the main street and shopping area.
• Both footpath and kerb & channel are in place on both the north and south sides of this block.
• Council has received complaints and enquiries regarding the provision of footpath in particular.
• There are eight property owners and the estimated cost for footpath and kerb and channel varies from $2,977 to $10,464.
• The Council contribution to the scheme is $75,719 being half cost of the footpath, drainage works and additional pavement works.
• There were three objections received regarding the scheme and these were considered by the Submissions Review Panel. The Panel sought a review for one property and on this basis recommend Council proceed with the scheme.
• The scheme has been prepared in accordance with the special rate and charge provisions of the Local Government Act, along with Council’s Comprehensive Infrastructure Funding Policy.
• This report seeks a resolution by Council to “Declare the Charges” for road construction in Princess Street, Drysdale in accordance with the Special Charge Scheme process.

Recommendation

That:

1) the following declaration of a Special Charge be confirmed:

a) a special charge be declared for the period until the work has been completed and the scheme finalized.

b) the special charge be declared for the purpose of defraying any expenses incurred by Council in relation to the construction of footpath and kerb & channel and road pavement in Princess Street, Drysdale, west side between Newcombe Street and Eversley Street which project:

b1) will provide proper pedestrian access, proper sealed road access, kerb & channel, improved nature strips and enhancement to the general amenity for each of the properties included in the scheme;

b2) Council considers is or will be a special benefit to those persons required to pay the special charge (and who are described in succeeding parts of this Resolution); and

b3) arises out of Council’s function of planning for and providing infrastructure for property owners.

c) The:

c1) cost of performing the function described in Part 1 (b) of this Resolution based on estimated cost, be recorded as $114,181.

c2) total amount of the special charge to be levied, as based on estimated cost, be recorded as $38,461.

d) It be recorded that, for the purposes of Section 163 (2A) of the Local Government Act 1989, the special charge proceeds will not exceed the amount calculated in accordance with the prescribed formula (R x C =S), the:

d1) ‘benefit ratio’ (R) being calculated at 100%, and representing the total benefits of the special charge scheme that will accrue as special benefits to all persons liable to pay the special charge;

and

d2) ‘community benefit’ (C) being assumed as zero for kerb & channel and road pavement and 50% for footpath in Princess Street, Drysdale.

e) the following be specified as the area for which the special rate is so declared:

e1) the area within municipal district of Council highlighted in the plan attached to this Resolution (“the area”).

f) the following be specified as the land in relation to which the special charge so declared:

f1) land within the area shown on the plan.

g) the following be specified as the criteria which form the basis of the special charge so declared:

g1) ownership of any land described in Part 1(e) of this Resolution.

h) the following be specified as the manner in which the special charge so declared will be assessed and levied:

h1) the frontage of lots abutting the works shall be used to calculate the individual cost to a lot.

h2) in the case of Unit development the cost allocated to each Unit shall be based on the schedule of entitlements and liabilities as shown on the plan of subdivision.

h3) the special charge will be levied by sending a notice to the person who is liable to pay, pursuant to section 163(4) of the Local Government Act 1989.

i) having regard to the preceding parts of this Resolution but subject to Section 166 (1) of the Local Government Act 1989, it be recorded that, subject to any further Resolution of Council, the special charge will be due and payable on the date(s) fixed under Section 167 of the Local Government Act 1989 as the date or dates on or by which Council’s general rates are due.

2) there are no incentives declared as incentives to be given by Council for the payment of the special charge before the date(s) specified for its payment under Section 167 (3) of the Local Government Act 1989.

3) Council’s Chief Executive Officer be authorised to levy the Special Charge in accordance with Section 163 (4) of the Local Government Act 1989.

More information is available in the Geelong Council's Meeting Agenda for Tuesday 10 August 2010 (pdf format - 4349kb)