1998-29105-Resolution No. 98-066 Recorded 6/18/1998REVIEWED -
98-29105 .. _.,
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
9`8 -.!'um 18 AM 8 29`
A Resolution Submitting to the Voters
in a County -Wide Election a Three Year
Split Rate Serial Levy to Fund Sheriff Services.
RESOLUTION NO. 98-066
yA \'Y SHE PE-NHOL[_OW
COUNTY CLERK
1G& d 0470
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon (Board), has
determined that a three year levy should be submitted to the qualified voters of the County as
established by Section 11, Article XI of the Oregon Constitution in order to permit the proper operation
of the Deschutes County Sheriffs Department; and
WHEREAS, the Board considers adequate funding to maintain sheriff services as necessary and
in the public interest; and
WHEREAS, the Board finds that the existing and anticipated County revenues are insufficient
to provide adequate sheriff services; and
WHEREAS, the Board determines, in accordance with Deschutes County Code Chapter 4.32,
attached hereto as Exhibit "A" and by this reference incorporated herein, a split levy with $0.78 per
$1,000 of assessed value levied within the incorporated cities, Black Butte Ranch Service District and
Sun:river, and $1.12 per $1,000 of assessed value in the remaining unincorporated Deschutes County,
Oregon, is necessary to retain current sheriff services; and
WHEREAS, it is necessary to submit the question of authorizing a three year split rate levy to
the registered voters of Deschutes County, Oregon; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Findings. The Board makes the findings set forth in Exhibit '*B," attached
hereto and by this reference incorporated herein.
Section 2. Form of Question. At the levy election, there shall be submitted to the
registered voters of Deschutes County, Oregon, for their approval or rejection, the measure set forth in
:Exhibit "C," attached hereto and by this reference incorporated herein.
PAGE I - RESOLUTION NO. 98-066 (6-17-1998)
MICROFILMED
JUL 15 1998 J�1L ` 1v:1J
168 - 0 47 1
Section 3. Date of Election. The measure set forth in Exhibit "C" shall be submitted in the
manner prescribed herein to the qualified voters of Deschutes County, Oregon, at a special election to
be held September 15, 1998.
Section 4. Ballots. The County Clerk shall clearly and boldly print the words
"CONTAINS VOTE ON PROPOSED TAX INCREASE" in red ink on the outer envelope of ballots to
be mailed to registered voters.
DATED this 17`h day of June, 1998
ATTEST:
Recording Secretary
:BOARD OF COUNTY COMMISSIONERS FOR
PACE 2 - RESOLUTION No. 98-066 (6-17-1998)
EXHIBIT "A"
Chapter 4.32. SPLIT SERIAL LEVIES
4.32.010.
Definitions.
4.32.015.
Definition - Black Butte Ranch
Service District
4.32.020.
Definition - Incorporated cities.
4.32.025.
Definition - Rural.
4.32.030.
Definition - Sunriver.
4.32.035.
Definition - Urban.
4.43.040.
Geographic tax classification.
4.32.050
Required findings.
4.32.010. Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as set forth in 4.32.015-085. (Ord. 98-024
§ 1, 1998; Ord. 94-009 § 1, 1994)
4.32.015 Definition - Black Butte Ranch
Service District.
"Black Butte Ranch Service District" means
the area encompassed by Black Butte Ranch
Service District, a municipal corporation formed
under the laws of the State of Oregon. (Ord.
98-024 § 1, 1998; Ord. 94-009 § 1, 1994)
4.32.020 Definition - Incorporated cities.
"Incorporated cities" means the area
encompassed by the cities of Bend, Redmond,
Sisters and any other city incorporated pursuant
to Oregon Revised Statutes chapter 221. (Ord.
98-024 § 1, 1998; Ord. 94-009 § 1, 1994)
4.32.625 Definition - Rural.
"Rural" means the area of Deschutes County
that is within the geographical boundary of
Deschutes County that is not urban. (Ord. 98-024
§ 1, 1998)
4.32.030 Definition - Sunriver.
"Sunriver" means that portion of
unincorporated Deschutes County, Oregon
identified in the Deschutes County
Comprehensive Land Use Plan as Sunriver Urban
Unincorporated Community and zoned Sunriver
Urban Unincorporated Community lying
northerly and westerly of South Century Drive.
For the purposes of this chapter, Sunriver does
not include that portion of the Sunriver UUC
designated Business Park District, commonly
known as the Sunriver Business Park. (Ord.
98-024 § 1, 1998; Ord. 94-009 § 1, 1994)
4.32.035. Definition - Urban.
"Urban" means the geographical areas of
168 -U4?2
Black Butte Ranch Service District, incorporated
cities, and Sunriver as defined in this chapter.
(Ord. 98-024 § 1, 1998)
4.32.040. Geographic tax classification.
The board, may upon making the findings
required by section 4.32.030 of this chapter, refer
a measure to the electors which provides a
different tax burden on one class of taxpayers
than is imposed upon another class of taxpayers.
Any class of taxpayers so determined by the
board shall be identified on a geographical basis.
(Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994)
4.32.050 Required findings.
Any difference in tax burden imposed within
separate geographic boundaries within Deschutes
County, Oregon shall meet the following criteria:
A. Differences in services to be provided in
different geographic areas must be real and
substantial.
B. Geographic boundaries shall be drawn so
that services provided within designated areas are
qualitatively different from services provided
within other geographical areas.
C. Services provided within the different
geographical areas must be unique.
D. Any differences in tax burdens shall be
based upon the actual costs of providing services.
(Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994)
Chapter 4.32 1 (2/1998)
EXHIBIT "B"
Page 1 of 2
FINDINGS OF FACT 1 6 8 - 0473
Sheriff patrol services are not provided uniformly within Deschutes County, Oregon.
Regular Deschutes County Sheriff patrol services are not provided within incorporated
cities, Black Butte Ranch Service District and Sunriver because these areas are patrolled
by local agency patrols utilizing non -county sworn police officers paid by the local
agency, unless the agency was entered into a special contract where sheriff deputies
provide patrol on a fee basis for the local agency. The level and types of services
provided outside these areas is significantly different because the remainder of Deschutes
County is served with peace officer patrol services provided by the Deschutes County
Sheriff. The overall cost of providing sheriff services within incorporated cities, Black
Butte Ranch Service District and Sunriver is substantially less than the cost of providing
services in the remainder of unincorporated Deschutes County, Oregon.
The areas where there is a difference are easily identified because the areas receiving
patrol services from non -county peace officers, except as described as above, are within
the limits of Bend, Redmond and Sisters, the boundary of the Black Butte Ranch Service
District and Sunriver as defined in Chapter 4.32, Deschutes County Code. Only in the
remainder of the county are sheriff patrols routinely provided. If sheriff patrol officers
respond within incorporated cities, Black Butte Ranch Service District or Sunriver, the
response is in accordance to a request for service, and in the role as back-up, as a mutual
aid, or when specialized expertise is required. The sheriff patrol response within
incorporate cities, Black Butte Ranch Service District and Sunriver is similar to the
mutual response arrangements for the fire and ambulance services from separate districts.
The difference in cost of providing services within the incorporated cities, Black Butte
Ranch Service District and Sunriver and the remaining rural areas results in a distribution
of rural patrol costs plus one-half of the remaining department budget, or approximately
56 percent of the total Sheriff's budget, to the area of Deschutes County outside the
incorporated cities, Black Butte Ranch Service District and Sunriver. This percentage,
when applied to the levy of $22,453,000 results in a levy of $12,573,680 for the portion
of the county outside the incorporated cities, Black Butte Ranch Service District and
Sunriver. The attached "Sheriff's Split Levy" budget sheet sets forth the estimated three
year operating budget based upon a split levy.
168 -0474
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s`'' e"'NOTICE OF COUNTY MEASURE ELECTION �'Rs=ui ots
kr-.Q/9n 0162:r,1141
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$ U 4 7 5 alis 251 465
(Name of county)
Notice is hereby given that on Tuesday September 15, 1998
(Day of week) (Date of election)
a measure election will be held in Deschutes County, Oregon.
(Name of county)
The county clerk has advised us (SELECT ONE):
F-1 The election will be conducted at the polls. The polls will be open from 7:00 a.m. to 8:00 p.m.
0 The election will be conducted by mail.
The following shall be the ballot title of the measure to be submitted to the county's voters on this date:
CAPTION (10 Words)
SHERIFF THREE-YEAR SPLIT OPERATING LEVY.
QUESTION (20 Words)
Shall County assess split -rate of $0.78 urban and $1.12 rural per $1,000 assessed value for Sheriff services beginning 7/1/98?
This measure may cause property taxes to increase more than three percent.
This local option tax is for a period of three years.
SUMMARY (175 words)
This measure may be passed only at an election with at least a 50 percent voter turnout.
The second sentence under the question section regarding a possible increase in taxes is required by the state. In fact, this levy
decreases property tax rates from the Sheriff's levy that expired on June 30, 1998.
This levy restores Sheriffs services and personnel. The tax rate is less than the expired 1997-8 tax rate.
Passage of this levy ensures that the Sheriff's tax rate and the level of Sheriff services remain stable for three years.
Over sixty percent of Sheriff services are funded by this levy. The previous levy expired on June 30, 1998. Without current levy
funds, Sheriff services have been severely reduced. As a result, the remaining Sheriff deputies are able to respond only to the most
extreme emergencies. Failure of this levy will result in release of many of the approximately 180 inmates held at the only county
adult jail.
This levy contains a split tax rate. Taxpayers in the unincorporated area of Deschutes County, excepting Black Butte Ranch and
Sunriver, pay a higher rate because they fund Sheriffs patrol Deputies.
This proposed local option tax, dedicated to Sheriff services, is estimated to raise $6,954,000 in 1998-1999, $7,460,000 in 1999-
2000,and $8,039,000 in 2000-2001.
following authorized county official hereby certifies the above ballot title is true and complete.
Signature of authorized county official (not required to be notarized)
Printed name of authorized county official
Date signed
Title
51:1. Sol
NOTICE OF COUNTY MEASURE ELECTION ORS 2.r,",s
9/97 ORS 250 N I
1165 0I-5
[L__ I ZI; 2 f,.1 l O t
T1
(Name of county) 0476
Notice is hereby given that on Tuesday Sept mber 15, 1998
(Day of week) (Date of election)
a measure election will be held in Deschutes County, Oregon.
(Name of county)
The county clerk has advised us (SELECT ONE):
0 The election will be conducted at the polls. The polls will be open from 7:00 a.m. to 8:00 p.m.
® The election will be conducted by mail.
The following shall be the ballot title of the measure to be submitted to the county's voters on this date:
CAPTION (10 Words)
SHERIFF THREE-YEAR SPLIT OPERATING LEVY.
QUESTION (20 Words)
Shall County assess split -rate of $0.78 urban and $1.12 rural per $1,000 assessed value for Sheriff services beginning 7/1/98?
This measure may cause property taxes to increase more than three percent.
This local option tax is for a period of three years.
SUMMARY (175 words)
This measure may be passed only at an election with at least a 50 percent voter turnout.
The second sentence under the question section regarding a possible increase in taxes is required by the state. In fact, this levy
decreases property tax rates from the Sheriff's levy that expired on June 30, 1998.
This levy restores Sheriffs services and personnel. The tax rate is less than the expired 1997-8 tax rate.
Passage of this levy ensures that the Sheriff's tax rate and the level of Sheriff services remain stable for three years
Over sixty percent of Sheriff services are funded by this levy. The previous levy expired on June 30, 1998. Without current levy
finds, Sheriff services have been severely reduced. As a result, the remaining Sheriff deputies are able to respond only to the most
extreme emergencies. Failure of this levy will result in release of many of the approximately 180 inmates held at the only county
adult jail.
This levy contains a split tax rate. Taxpayers in the unincorporated area of Deschutes County, excepting Black Butte Ranch and
Sunriver, pay a higher rate because they fund Sheriffs patrol Deputies.
This proposed local option tax, dedicated to Sheriff services, is estimated to raise $6,954,000 in 1998-1999, $7,460,000 in 1999-
2000,and $8,039,000 in 2000-2001.
ng �utVorized co�#ty official hereby certifies
re of aukhortZed et'ounty official (not required to Pe notarized)
Printed namerof authoAzed county official
above ballot title is true and complete.
Dsigned ,,
th a j il�
Title