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2004-134-Resolution No. 2004-012 Recorded 2/26/2004t 1'I 6 �I► BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Submitting to the Voters in a County -Wide Election a Three Year Split Rate Serial Levy to Fund Sheriff Services. RESOLUTION NO. 2004-012 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 a 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 $0.82 per $1,000 of assessed value levied within the incorporated cities, Black Butte Ranch and Sunriver Service Districts, and $1.60 per $1,000 of assessed value in the remaining unincorporated Deschutes County, Oregon, is necessary to retain current sheriff services; and WHEREAS, it is necessary to submit the question of authorizing a three year split rate levy to the registered voters of Deschutes County, Oregon; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Findings. The Board makes the findings set forth in Exhibit `B," attached hereto and by this reference incorporated herein. Section 2. Form of Question. The County Clerk shall submit to the registered voters of Deschutes County, Oregon, for their approval or rejection, the measure set forth in Exhibit "C," attached hereto and by this reference incorporated herein. �-- -- - - - — --- r^J Jin COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS y 2004-134 COMMISSIONERS' JOURNAL 02/26/2004 02:23:20 PM PAGE I OF 2 - RESOLUTION NO. 2004-012 11111111 IIIIIIIIIIIIIIIIIII( III 2004-134 Section 3. Date of Election. The measure set forth in Exhibit "C" shall be submitted in the manner prescribed herein to the qualified voters of Deschutes County, Oregon, at a special election to be held May 18, 2004. Section 4. Ballots. The County Clerk shall clearly and boldly print the words "CONTAINS VOTE ON PROPOSED TAX INCREASE" in red ink on the outer envelope of ballots to be mailed to registered voters. DATED thi day of February 2004. ATTEST: ( F�7 Recording Secretary PAGE 2 OF 2 - RESOLUTION NO. 2004-012 BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Kb,6-L - " MICHAEL M. DALY, Chair IS R. LURE' Commi$sioner TOM pEWOLF, Commissioner 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 through DCC 4.32.035. (Ord. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; 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 Sunriver UUC designated Business Park District, commonly known as the Sunriver Business Park. (Ord. 2001-016 § 2, 2001; 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. 2001-016 § 2,2001; Ord. 98-024 § 1, 1998) 4.32.040. Geographic tax classification. The Board, may upon making the findings required by DCC 4.32.050, 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. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994) Exhibit A - Chapter 4.32 1 (03/2001) 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 and Sunriver Service Districts 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 and Sunriver Service Districts 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 and Sunriver Service Districts are 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 or Sunriver Service Districts, 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 and Sunriver Service Districts is similar to the mutual response arrangements for the fire and ambulance services from separate districts. The rural rate of $1.60/1000 assesed value generates tax revenue that when combined with the other revenue generated by Patrol for contractual services plus fines and fees equals the rural patrol budget plus 40% of the remaining department budgets. The remaining Sheriff's department budgets are funded by the $.82/1000 assesed value incorporated cities, Black Butte Ranch and Sunriver Service District rate plus other revenues generated by non -patrol Sheriff's departments. The attached "Sheriff's Split Levy" budget sheet sets forth the estimated three-year portion of the Sheriff's budget based upon a split levy. Exhibit B —page 1 of 2 Findings of Fact S:\Legal\SHERIFF\LEVY 2004\EXHIBIT B - Findings of Fact page Ldoc x d O O > N Lo CD Nt LO 00 Q LC) (0 Ln Q (0 M - O O a) Il- C6 CD C? p0 L[) MN �t (D O p CD CD C) O 00 CD N CO LO e --(D 0) N r- M M CD ;., C7 rl CO CO rl CD M N M p0 CV CO O 00 I,- ,-OLo O e - O W 'd• CD 000 0N0 0) CD Lf) O N N 00601 Efl 0 0 0 N O O r r ` .0 x LO 00 00 00 O `- QOCD QO0) -(0 ` Cp CD O co04 00 N4- p 00 'It 0) N M p0 CV CO O 00 I,- ,-OLo O 0— co N E LO Il- p CO 00 M 00 ti p I- CO 1- N 0) CD Lf) O >' O N N 0 0 0 N O O r r ` .0 CD O O W CD N co LO N 00 B O O 0) CL CL 00 N 00 6F) O EN > > O U C) O V C CoO C o ON C•s U? c a C) C) I� N O LO O OD QCDLo � �� (n N lf) QOC �- O O Ln - N O 0 0 r O p N N COp � LO a) O N E CO � It O It M 00 00 0) U i O N LO \O CD CO O N CD if ) NO V W O CD ti 00 eN- N NM ti Ef> LL L O N U) O N co E cn N W � N � .O U N � U 75 V N U � W+� U N W m W c9 N W Q W > > Wx LUQ �F- -) CD to N J g U) W N m ' J Q U) ~ N C Co o co� M EXHIBIT < Q — Page 2 Title: SHERIFF THREE YEAR SPLIT -RATE OPERATING LEVY. Question: Shall County levy $0.82 urban and $1.60 rural per $1000 assessed value for Sheriff services for three years beginning 2004-05? This measure may cause property taxes to increase more than three percent. Summary: This measure may be passed only at an election with at least a fifty percent voter turn out. The existing levy expires on June 30, 2004. This proposed levy will replace the expiring levy. It is not in addition to the expiring levy. Passage of this levy ensures your Sheriff services and tax rate remain stable for three years. The proposed levy provides funding for: ➢ Emergency 911 ➢ Adult Jail Operations ➢ Community Policing Response ➢ Drug Enforcement & ➢ Arson Investigation ➢ Crime Prevention Education ➢ School Resource Programs ➢ Crime Investigation ➢ Traffic Safety ➢ Wild land Fire Evacuations ➢ Sheriff Patrols ➢ Search & Rescue ➢ Civil Process These services are provided to all residents, except for patrol and investigation services which are provided to rural residents only. Taxpayers in Redmond, Sisters, Bend, Sunriver and Black Butte pay a lower rate because they fund their local police and investigation services. Failure of the levy means: No criminal investigation detectives No Sheriff Patrol deputies No traffic team, code enforcement, animal control or school resource officers All substations closed Jail capacity cut from 228 to 108 This proposed local option tax, dedicated to Sheriff services, is estimated to raise $11,950,018 in 2004-2005, $12,667,861 in 2005-2006, and $ 13,398,004 in 2006-2007. EXHIBIT C .I:ADocuments and Settings`JeffSU..ocal SettingsCTernporary Internet Files\OI..K.63F`Ballot title - EXHIBIT C.doc