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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. R $$ F� R E� Section 2: Amount & Procedure for fee Pa ent. Any aggrieved par y desiring to appeal a decision of the Planning Commission to the City Council shall state that fact and the basis of the appeal, in written form, in conformance with applicable provisions of the Tigard Municipal Code governing appeals. The written notice of appeal shall be accompanied by a deposit of .$x100.00. Upon receipt of the written notice and the required deposit, the City shall cause a transcript of the Planning Commission proceedings to be prepared and shall cause a notice of public hearing to be published at the appropriate time. The costs of transcript preparation and public notice shall be deducted from the $$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 Page 2 I