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t <br /> SEP-2971994 08:45 NAC - -'612 595 9837 `�P.03i08 <br /> Ecuitv_._ Tinder Option 1, the City would require a subdivision <br /> abutting designated trail corridors to absorb the entire cost of <br /> trail construction, while subdivisions away from any trail <br /> corridors would have no construction costs. <br /> This is an inequitable treatment of development in that the trail <br /> improvement intended for use by the entire City must be financed <br /> solely by subdivisions that fall along a designated corridor. <br /> This inequity may result in one of the following conclusions: <br /> 1. Potential legal challenge of the dedication requirement <br /> imposed by the city. <br /> 2 . Loss of trail construction revenues that may be captured by <br /> requiring all new lots creating a demand for the trail system <br /> to pay for a share of the trails. <br /> A. trail dedication fee addresses the aforementioned concerns. ' This <br /> would give the City the opportunity to establish an alternative <br /> funding source for trail construction and right-of-way acquisition. <br /> Determination of What Dedication Relatea to !=act. To determine <br /> the amount of trail dedication, it is necessary to calculate the <br /> construction Cost of the City's entire trail system and divide <br /> these costs by the City.' s projected ultimate household growth. <br /> This methodology will provide a trail cost per housing unit which <br /> can then be applied to each new subdivision. <br /> Suni mary <br /> we have attached a summary of Dolan vs. the City of Tigard Supreme <br /> Court case for your information. In respect to this newest case <br /> law, we would suggest that the City give consideration to a trail <br /> dedication requirement uniformly applied to all new subdivisions. <br /> pc: Bill Hawkins <br /> Randy Schumacher <br /> 2 <br />