1998-04867-Resolution No. 98-018 Recorded 2/4/199898-04867 0163-'2883 REVIEWED
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LEGAL ;)' INUL I
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT -S
COUNTY. OREGON ACTING AS THE GOVERNING BODY OF BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
98 FEt3 -4 PFl 3: 16
A Resolution Declaring the Intention of Deschutes
County to Certify a tax rate in FY 1998-99 that is
less than the authorized permanent rate. * CCI.r, l ci_I RK
RESOLUTION NO. 98-018
WHEREAS, Deschutes County voters approved a local option levy for Shcriff
services to replace an expiring serial levy, consistent with provisions of Ballot Measure
50; and
WHEREAS, the expiring serial levy existed in the 1995-96 tax year and was
included in the state's computation of that base year's taxes, consistent with Measures 47
and 50; and,
WHEREAS, the inclusion of the expiring Sheriff's serial levy Ballot Measure 50
calculations produced the unexpected result of increasing the property tax operating
levies of most municipalities and districts in the county, although not the Sheriff's new
levy, by an aggregate amount of approximately $4,200,000; and,
WHEREAS, it is the desire of the Board of County Commissioners of Deschutes
County to compensate Deschutes County taxpayers for the unexpected over collection of
taxes; and,
WHEREAS, the Deputy Oregon Legislative Counsel has issued a January 12.
1998 opinion advising that local taxing districts may not legally refund the collected taxes
to taxpayers, but that local taxing districts may change their tax rate certification; then
BE IT RESOLVED THE GOVERNING BODY OF BLACK Bu,r,fE: RANCH
COUNTY SERVICE DISTRICT OF DESCHUTES COUNTY, OREGON, hereby
directs the Budget Officer of Black Butte Ranch County Service District to certify a tax
rate in FY 1998-99 that is less than the authorized "permanent rate". This lower rate
would be reduced to include compensation for the overcharge to Deschutes County
taxpayers in FY 1997-98 and FY 1998-99 for the expired Sheriff serial levy, plus an
amount for interest earnings on the overcharge in FY 1997-98. It is currently estimated
that each year the overcharge for each affected district is approximately 6.1% of each
district's total tax levy. It would, therefore, be appropriate under this strategy to certify
for the 1998-99 fiscal year a tax rate of 87.8% of the permanent tax rate, plus 0.3% to
compensate taxpayers for interest earnings related to the FY 1997-98 overcharge amount
(total certified tax rate in FY 1998-99 of 87.5% of the permanent rate). The additional
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