HomeMy WebLinkAboutResolution 04-47 12/06/2004
RESOLUTION NO. 04-47
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A RESOLUTION ESTABLISHING APPLICATION FEE FOR DEMANDS FOR REAL
PROPERTY COMPENSATION UNDER OREGON REVISED STATUTES CHAPTER 197 AS
AMENDED BY BALLOT MEASURE 37, APPROVED BY THE VOTERS OF THE STATE OF
OREGON ON NOVEMBER 2, 2004.
WHEREAS, at the General Election held on November 2, 2004, the voters
of the state of Oregon enacted Ballot Measure 37 which amended Oregon
Revised Statutes Chapter 197 to require, under certain specific
circumstances, payment of compensation to present owners of real
property if government land use regulations reduce fair market
property value; and
WHEREAS, the aforesaid Measure 37 contains no provision explaining
how a Demand for compensation will be processed, what information must
be provided to the City so the Demand may be promptly evaluated, and
what procedure should be provided for the determination of the
entitlement to such Demand, and as a consequence the City Council has
by Ordinance provided an Ordinance for AN ORDINANCE CONCERNING REAL
PROPERTY COMPENSATION; ADOPTING PROCEDURES FOR PROCESSING DEMANDS;
ADDING TO CHAPTER 2 "GOVERNMENT AND ADMINISTRATIONH OF THE SPRINGFIELD
MUNICIPAL CODE, SECTION 2.900 ET SEQ. "DEMANDS FOR REAL PROPERTY
COMPENSATIONH DECLARING AN EMERGENCY; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE; and,
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WHEREAS, Section 2.930 of the Springfield Municipal Code provides that
the Demand for compensation made pursuant to Ballot Measure 37 shall
include an application fee in an amount established by separate
Resolution of the Common Council to at least partially cover the
City's cost of processing the application; and,
WHEREAS, the Common Council finds it appropriate to establish a fee to
partially recover the actual cost of administering and processing each
Demand for compensation and to pay for notification and publication
costs.
NOW THEREFORE BASED ON THE FOREGOING FINDINGS IT IS HEREBY RESOLVED
AND ORDERED AS FOLLOWS:
1.
The application fee specified in Springfield Municipal Code
Section 2.930(11) for a Demand shall be $500.
This Resolution shall take effect upon passage by the Council
and approval by the Mayor.
December
on this 6th day of N~~r, 2004 by a v~te of 5 in favor
opposed. (1 absent - Ballew)
2.
Approved
and 0
ATTEST:
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City Reco r