Resolution No. 77-53 CITY OF TIGARD, OREGON
RESOLUTION No. 77- 5-
A RESOLUTION ESTABLISHING FEES TO BE CHARGED TO PERSONS APPEAL-
ING DECISIONS OF THE PLANNING COMMISSION FOR THE PURPOSE OF
DEFRAYING THE COSTS OF TRANSCRIPT PREPARATION AND OTHER COSTS
ASSOCIATED WITH THE HEARING OF SUCH APPEALS BY THE CITY COUNCIL.
WHEREAS, the City Council has vested the decision making
authority for various land use functions with the Manning Com-
mission; and
WHEREAS, an appeal procedure designed to protect the eights
of affected parties has been established which provides a mechan-
ism for City Council review of contester: decisions of the Planning
Commission, and
WHEREAS, the established appeals procedures constitute a
quasi-judicial function whereby specific actions and functions
such as public notice and transcript preparation are necessary
for the protection of the rights of affected parties; and
WHEREAS, the costs of processing applications leading to
Planning Commission decisions is properly borne by and is being
charged to the applicant who stands to benefit from the'-:Daae'.
afng B6nm1isio91,de6ision; and
WHEREAS, the costs of public notice and transcript prepa-
ration on appeals of Planning Commissiondecisions are properly
borne by individuals who stand to benefit from a reversal of a
Planning Commission decision and are not properly borne by the
community at large.
NOW, THEREFORE,
BE IT RESOLVED by the Tigard City Council that:
Section is Fee Established. An Appeal Fee is hereby established
or the purpose of defraying the cost to the public
for the necessary public notice and transcript prep-
aration associated with appeals to the City Council
shall be chhargeeditoion the person(s) appeali. Said ngealFee
Plan-
ning Commission decision and no appeal shall be
processed by any employee of the City until the
deposit required in Section 2 hereof has been made.
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Section 2: Amount & Procedure for fee Pa ent. Any aggrieved
par y desiring to appeal a decision of the Planning
Commission to the City Council shall state that
fact and the basis of the appeal, in written form,
in conformance with applicable provisions of the
Tigard Municipal Code governing appeals. The
written notice of appeal shall be accompanied by
a deposit of .$x100.00. Upon receipt of the written
notice and the required deposit, the City shall
cause a transcript of the Planning Commission
proceedings to be prepared and shall cause a notice
of public hearing to be published at the appropriate
time. The costs of transcript preparation and
public notice shall be deducted from the $$100.00
deposit.
If the cost of transcript preparation and public no= . ,.
Lice is less than $100.00, the unused portion of the
deposit shall be returned to the appellant. If the
cost of transcript preparation and public notice
exceeds the amount of the deposit, the appellant shall
deposit sufficient additional funds to fully cover
the costs of transcript preparation and public hearing
notice prior to _consideration of the appeal by the
City Council. The amount of the Appeal fee shall,
therefore, be the actual costs incurred by the City
transcript preparation and public notice.
PASSED: This.,Z -day of- M - --, 1977.
Mayor
ATTEST:
i '-S �'.,
City ecor er
Resolution No. 77-5•S
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