2001-108-Resolution No. 2001-012 Recorded 3/14/2001VOL: CJ2001
PAGE: 108
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-108 * Vol -Page Printed: 03/15/2001 14:02:02
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Mar. 14, 2001; 3:25 p.m.
Resolution (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW KE UN HED
DESCHUTES COUNTY CLERK
MICROFiLr MA 5 2001
LIAR 2 9 01
CJ �1�11-1DP
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC4+H+M= ZJ
A Resolution Submitting to the Voters COUNTY CLERK
in a County -Wide Election a Three Year
Split Rate Serial Levy to Fund Sheriff Services.
RESOLUTION NO. 2001-012
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 Sheriff's 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 anticipated County revenues are insufficient to provide
adequate Sheriff services without the funds generated by the current Sheriff's levy; 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
Sunriver, 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 1 of 1 - REsoLUTiONNo. 2001-012 (05-2001)
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 May 15, 2001.
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 / ! day of March 2001
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
TOM DEWO , Chair
D NNIS R. LUKE, Co issioner
MICH L M. DALY, Co issioner
PAGE 2 of 2 - RESOLUTION No. 2001-012 (05-2001)
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.
4.32.040.
Geographic tax classification.
4.32.050.
Required findings.
4.32.010. Definitions.
For the purposes of DCC 4.32, unless otherwise
apparent from the context, certain words and
phrases used in DCC 4.32 are defined as set
forth in DCC 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 ORS 221.
(Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994)
4.32.025. 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 DCC 4.32,
Sunriver does not include that portion of the
Chapter 4.32
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 Black
Butte Ranch Service District, incorporated cities,
and Sunriver as defined in DCC 4.32.
(Ord. 98-024 § 1, 1998)
4.32.040. Geographic tax classification.
The board, may upon making the findings
required by DCC 4.32.030, 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)
EXHIBIT_
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EXHIBIT B
FINDINGS OF FACT
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 $25,200,868
results in a levy of $11,388,020 for the portion of the county outside the incorporated cities,
Black Butte Ranch Service District and Sunriver. Incorporated by this reference is the Moss
Adams LLP report dated February 10, 2000. The attached "Sheriff's Split Levy" budget sheet
sets forth the estimated three-year operating budget based upon a split levy.
Page a - :-
Exhibit B — Findings of Fact (510 1)
Legal/Sher/Levy
NOTICE OF COUNTY MEASURE ELECTION
DESCHUTES
(Name of County
Notice is hereby given that on _Tuesday May 15, 2001
(Day of week) (Date of Election)
a measure election will be held in Deschutes County, Oregon.
(Name of county)
The following shall be the ballot title of the measure to be submitted to the county's voters on this date:
CAPTION (10 Words)
THREE-YEAR SPLIT OPERATING LEVY FOR SHERIFF SERVICES.
QUESTION (20 Words)
Shall County levy $0.78 urban and $1.12 rural per $1,000 assessed value for Sheriff services for three years beginning 2001-02?
This measure may cause property taxes to increase more than three percent.
SUMMARY (175 Words)
This measure may be passed only at an election with at least a 50 percent voter turnout.
State law requires the second sentence under the question section regarding a possible increase in taxes. In fact, this levy maintains the
current tax rate. The tax rate is the same as the Sheriff levy passed three years ago. It is less than the expired 1997-8 levy.
Passage of this levy ensures that the Sheriff's tax rate and Sheriff's services remain stable for three years.
Over sixty percent of Sheriff services are funded by this levy. The proposed levy provides funding for:
Crime Prevention ,% Adult Jail Operations Search & Rescue ,i Civil Process
Crime Investigation Drug Enforcement & Education ,% Community Policing DARE
Sheriff Patrols ,% Traffic Safety V' Arson Investigation
These services are provided to all residents, except for patrol services because urban area residents fund local agencies. Because of
this, the proposed 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 Sheriff's patrol services.
This proposed local option tax, dedicated to Sheriff services, is estimated to raise $7,864,948 in 2001-2002, $8,415,475 in 2002-2003
and $8,920,425 in 2003-2004.
The following autho ized county offi i 1 hereby certifies the above ballot title is true and complete.
C. J�j
Signature of uthorized county official (not required to be notarized) Date signe U
Tom DeWolf
Printed name of authorized county official
Page 1 of 1 — Notice of County Measure Election (5/01)
Legal/Sher/Levy
Chair, Deschutes County Board of Commissioners
Title
EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2001)
Ballot Title Caption: THREE-YEAR SPLIT OPERATING LEVY FOR SHERIFF SERVICES
Measure Number:
Word Total (500) Maximum): 284
Over 60 percent of all sheriff services are funded by a Sheriff's levy. The existing levy expires on
June 30, 2001. This levy would take effect July 1, 2001. The tax rate for this levy is the same as the
current Sheriffs levy and less than the expired 1997-8 levy. Passage of this levy ensures the level of
funding for Sheriff's services remain stable for three years.
The proposed levy is a split -rate levy. This means taxpayers in the Cities of Bend, Redmond and Sisters,
and taxpayers in Sunriver and Black Butte Ranch will pay a lesser rate than taxpayers in the rest of the
County because those areas fund their own local police.
The demand for Sheriff services and the cost of providing those services is increasing. Deschutes
County continues to be one of the fastest growing counties in the state, and voters have approved tough
crime measures such as mandatory minimum sentences for violent offenders that requires locking up
many more accused and convicted criminals.
In addition to law enforcement services, the Sheriff provides court security, service of civil processes,
and search and rescue. The law also requires the Sheriff to operate the adult jail. It is the only law
enforcement agency in Deschutes County providing these services
This proposed three-year levy will maintain the same tax rate of the past three years for the next
three years. The rate is $0.78 in the incorporated cities, Sunriver and Black Butte Ranch, and $1.12 in
the remaining areas. The additional 34 cents paid only by residents in the unincorporated areas funds
sheriff patrols and investigative services.
A "YES" vote on this levy maintains your Sheriff services. It does not increase your tax rate.
Person responsible for the content of the Explanatory Statement
61
Tom DeWolf, Chair C `V/4/o(
Deschutes County Board of County Commissioners
Name of the Governing Body person represents
Explanatory Statement (1/01)
Legal/Sher/Levy