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Ordinance No. 81-68 CITY OF TIGARD, OREGON ORDINANCE NO. 81- s AN ORDINANCE ADOPTING TEMPORARY RULES FOR COMPREHENSIVE PLAN REVISION HEARINGS, AND DECLARING AN EMERGENCY. The above-entitled matter came before the City Council at its meeting of August 3, 1981, and IT APPEARING to the Council that no rules exist for the conduct of public hearings before the Council for Comprehensive Plan Revisions; and IT APPEARING to the Council that it is appropriate that such rules be adopted pending adoption of a revised system of procedures for the conduct of hearings and appeals in land use matters, NOW, THEREFORE, the City of Tigard does ordain as follows: Section 1. The rules of procedure for the conduct of public hearings before the City Council on Comprehensive Plan Revisions, set forth in Exhibit A attached and included herein as if fully set forth in this ordinance, are adopted by the Council for the conduct of such hearings. Section 2. This ordinance shall be of no force and effect after October 31, 1981, or if otherwise superseded by ordinance of the Council. Section 3. Inasmuch as the fair processing of Comprehensive Plan Revisions is necessary to preserve the public health, safety and general welfare, an emergency is declared to exist and this ordinance shall be effective upon passage and approval by the City Council. PASSED: By the City Council by �� teriar�C. vote of all Council members present, afterSeing read twice by number and title only on this /Q day of 1981. Recor er, City of and SIGNED: By the Mayor on this day of 1&4,61 1981, zz- /� Mat o r CLt—o— i•arc---- 1 , Y g ORDINANCE NO, 81- EXHIBIT A RULES OF PROCEDURE FOR THE CITY COUNCIL FOR QUASI-JUDICIAL ACTIONS AMENDING THE CITY OF TIGARD COMPREHENSIVE PLAN RULE 1--Application of these Rules. a. These rules shall apply to any application for an amend- ment to the Comprehensive Plan which is a quasi-judicial proceeding before the City Council of Tigard. b. After a public hearing, the Planning Commission shall recommend to the City Council that the application for amendment be approved or denied. The City Council shall hold a public hearing on the proposed amendment, consider the recommendation of the Planning Commission, then approve or deny the application. RULE 2--Notice. 1. Who shall be notified. a. At least 10 and not more than 30 days prior to the scheduled hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the property which is the subject of the application; (2) All owners of record of property within 300 feet of the property; (3) Any active, affected Neighborhood Plannining Organizations; and (4) Any person who submits a written request for notice. b. At least 10 days prior to the hearing, notice shall be given in a newspaper of general circulation in the area affected. An affidavit of publication shall be made a part of the record. 2. Contents of the notice. The notice shall include the address and phone number where additional information can be obtained; a description of the subject property, reasonably calculated to give notice as to its actual location which shall include the tax map designations of the Washington County Assessor's office; the nature of the appli- cation in sufficient detail to apprise persons entitled to notice of the proposal; and the time, place, and date of the public hearing and a statement that public oral and written testimony is invited. EXHIBIT A-1` 3. Failure to give notice. The failure of a property owner to receive notice shall not invalidate the action, provided a good faith attempt was made to C notify all persons entitled to notice. (' RULE 3--Record of Proceeding. a. A verbatim record of the proceedings shall be made by stenographic or mechanical means. It shall not be necessary to transcribe the testimony except when ordered by the City Council or when one of the parties pays the cost of transcribing as determined by the City Recorder. In all cases, the tape re- cording, transcript of testimony, or other evidence of the proceedings shall be part of the record. b. The record shall also include: (1) All materials, pleadings, memoranda, stipulations and motions submitted by any party to this pro- ceeding and recorded or considered by the Planning Commission as evidence, in addition to the Planning Commission minutes; (2) All correspondence relating to the application; and (3) A copy of the notice which was given as provided by Section 1 of Rule 2, accompanying affidavits and a list of persons who received mailed notice. RULE 4--Hearings Procedure. a. The City Council shall conduct a public hearing; and (1) Determine who qualifies as a party; (2) Regulate the course, sequence and decorum of the hearing; and (3) Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation. b> Unless otherwise provided in these Rules of Procedure, the Chairman of the Council shall conduct the hearing as follows: (1) Announce the nature and purpose of the hearing and summarize the rules for conducting the hearing; (2) Recognize the parties; (3) Ask the Planning Director to present the staff report; EXHIBIT A-2 (4) Allow the applicant to be heard on his own behalf or by a representative; (5) Allow parties or witnesses in favor of the applicant's proposal to be heard; (b) Allow parties or witnesses in opposition to the applicant's proposal to be heard; (7) Allow written materials to be submitted by parties or witnesses; (8) Allow the parties to offer rebuttal evidence and testimony, and to respond to any additional evidence; (9) Conclude the hearing by announcing officially the public hearing is closed; and (10) Not allow further factual testimony or other exhibits after the close of the hearing except the opportunity of all parties to contest the facts presented. RULE 5--Prehearing Communications with the Council. I4embers of the Council shall not: a. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved except upon giving notice and opportunity for all parties to participate; nor b. Take notice of any communication, report, or other materials prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the material. so noticed. RULE S--Final Decision. a. The final decision on a proposed plan amendment may be appealed by any party to the decision within 30 days of notice of the final decision, in accordance with Chapter 772, Oregon Laws 1979. b. The final decision shall contain a statement of the applicable policies and standards which were applied.