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2013-1121-Resolution No. 2013-103 Recorded 8/27/2013�REVIE NANCYUBLANKENSHIP,FCOUNTY CLERK DS Vd ��irl•1171 .� COMMISSIONERS' JOURNAL 0827/2013 09:07;42 AM LEGAL COUNSEL I II1IIIIIII111111 VIII III [IJI201 —11 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Submitting a Proposed Ordinance Amending Section 4.08.090 of the Deschutes County * RESOLUTION NO. 2013-103 Code, Increasing the Transient Room Tax Rate from Seven Percent (7%) to Eight Percent (8%) Beginning July 1, 2014, to the People of Deschutes County, Oregon, for Their Approval or Rejection at an Election to be Held on Tuesday, November 5, 2013, and Providing for a Ballot Title. WHEREAS, the Deschutes County Transient Room Tax provides needed funds for the promotion of tourism; and WHEREAS, Transient Room Taxes also provide funds for county services which generally support tourism, such as public safety, health and human services and county infrastructure, which have a substantial purpose of supporting tourism or accommodating tourism activities; and WHEREAS, the Transient Room Tax was last amended to the current rate of 7% in 1988; and WHEREAS, the current Transient Room Tax imposed by the Cities of Bend and Redmond is 9%; and WHEREAS, the Transient Room Tax is paid by occupants of Deschutes County hotels, motels and other overnight accommodations; and WHEREAS, the Fair and Expo Center attracts a number of events and activities, such as the Family Motor Coach Association and BMW Motorcycle Rally, which in turn has generated an estimated $30 million in economic impact to Central Oregon annually; and WHEREAS, the Fair and Expo Center also contributes to the community by serving as the emergency response command center for natural disasters, as well as hosting a variety of activities at no cost, such as area High School graduations, health and immunization clinics, and military memorial services; and WHEREAS, Deschutes County Board of County Commissioners ("Board") by this resolution intends to submit to the voters of Deschutes County an Ordinance Amending Deschutes County Code ("DCC") Section 4.08.090 to Increase the Transient Room Tax from seven percent (7%) to eight percent (8%) beginning on July 1, 2014; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Ordinance Proposed. The Deschutes County Code Amendment, set forth in Exhibit "A," attached hereto and by this reference incorporated herein, proposing to amend Section 4.08.090, "Tax Imposed," of the Deschutes County code, is hereby submitted to the legal voters of Deschutes County, Oregon, for their approval or rejection. Section 2. Date of Election. That the Ordinance proposed in Section 1 of this Resolution, relating to the amendment of Deschutes County Code Section 4.08.090, be submitted to the legal electors of Deschutes County, Oregon, at the special election to be held on November 5, 2013. PACE 1 OF 5 — RESOLUTION NO. 2013-103 Section 3. Notice of County Measure Election. The Notice of County Measure Election containing the ballot title for the proposed Ordinance set forth in Section 1 of this Resolution, to be submitted to the legal electors of Deschutes County, Oregon shall be as follows: Caption: Increase in Deschutes County Transient Room Tax by 1% Question: Shall County Code be amended to increase transient room tax outside cities to 8% beginning July 1, 2014? SUMMARY STATEMENT: The Board of County Commissioners is referring to the voters of Deschutes County an ordinance which would amend the Deschutes County Code Section 4.08.090 to increase the County Transient Room Tax. This tax, which is collected from guests of hotels, motels and similar overnight lodging outside of cities, would increase from the current 7% to 8% beginning on July 1, 2014. Seventy percent (70%) of the revenue from this tax increase would be used to promote tourism through the Deschutes County Fair and Expo Center. Up to 30% of the revenue would be used to fund other county services, such as public safety, health and human services and county infrastructure. The tax increase is expected to raise an additional $527,000 annually. Section 4. Explanatory Statement: The Notice of Measure Election to be submitted to the County Clerk for preparation of the ballot is attached as Exhibit "B" and incorporated herein by reference. The Explanatory Statement to be submitted to the County Clerk to be included in the County voters' pamphlet is attached as Exhibit "C" and incorporated by reference herein. Section 5. The Board Chair is authorized to sign the Notice of County Measure Election and the Explanatory Statement. Section 5. The Deschutes County Clerk shall include on the November 5, 2013 general election ballot the required information from the Notice of County Measure Election and the Explanatory Statement. Section 7. Election. The election for the ordinance proposed in Section 1 of this Resolution shall be conducted as prescribed by law. Section 8. Filing. Immediately following passage, this Resolution shall be filed with the Deschutes County Clerk. Dated this day of , 2013 A"I'TEST: Recording Secretary PAGE 2 OF 5 — RESOLUTION NO. 2013-103 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, Chair r06,�q, ") TAMNW BANEY, Vic hair ANTHONY DF.BONE, Commissioner FW4111111iE3"111100% THE PEOPLE OF DESCHUTES COUNTY, OREGON, ORDAIN AS FOLLOWS: Section 1. Deschutes County Code Section 4.08.090, Tax Imposed, is amended as follows with new language underlined and language to be deleted in st"iktl;Faug,h: "4.08.090 Tax Imposed. "For the privilege of Occupancy in any Hotel, on e -F and after July 1, 2014, the effective date 0 , each Transient shall pay a Tax in the amount of seven peree"*Poj eight percent (8_%)_of the Rent for Occupancy of space in a Hotel. The Tax constitutes a debt owed by the Transient to the County, which is extinguished only by payment to the Operator as agent for the County. The Transient shall pay the Tax to the Operator of the Hotel at the time the Rent is paid. The Operator shall enter the Tax on Operator's records when Rent is collected if the Operator keeps records on the Cash accounting basis and when earned if the Operator keeps records on the Accrual accounting basis. If Rent is paid in installments, a proportionate share of the Tax shall be paid by the Transient to the Operator with each installment. If, for any reason, the tax due is not paid to the Operator of the Hotel, the Tax Administrator may require that such Tax shall be paid directly to the County." PAGE, 3 OF 5 —RESOLUTION NO. 2013-103 Notice of County Measure Election County and Notice Information SEL sol ov 1/12'. OHS 250.035, 250.041, 75q.1/5, 254.103, 2J�.465 Notice is hereby given on August 19 20 13 , that a measure election will be held in Deschutes County, Oregon on November 5 2013 Name of County or Counties Date of Election The following shall be the ballot title of the measure to be submitted to the county's voters. Caption 10 words Increase in Deschutes County Transient Room Tax by 1 % Question 20 words Shall County Code be amended to increase transient room tax outside cities to 8% beginning July 1, 2014? Summary lis words The Board of County Commissioners is referring to the voters of Deschutes County an ordinance which would amend the Deschutes County Code Section 4.08.090 to increase the County Transient Room Tax. This tax, which is collected from guests of hotels, motels and similar overnight lodging outside of cities, would increase from the current 7% to 8% beginning on July 1, 2014. Seventy percent (70%) of the revenue from this tax increase would be used to promote tourism through the Deschutes County Fair and Expo Center. Up to 30% of the revenue would be used to fund other county services, such as public safety, health and human services and county infrastructure. The tax increase is expected to raise an additional $527,000 annually. The following authorized county official hereby certifies the above ballot title is true and the ballot title challenge process has been completed. Signature of Authorized County Official not required to be notarized . Printed Name of Authorized County Official Exhibit B to Resolution 2013-103 Page 1 Date Signed mm/dd/yy Title EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2013) Ballot Title Caption: Increase in Deschutes County Transient Room Tax by I% Measure Number: Ward Total (500 Maximum): (Explanatory Statement Shall Be Typed) Guests of hotels, motels and other overnight accommodations pay transient room taxes. The County's current transient room tax of 7% was established in 1988. Revenues from transient room taxes are used to promote tourism and to partially pay for County services and facilities provided to County residents and visitors. The cities of Bend and Redmond currently impose a 9% transient room tax. Increasing the County room tax to 8% would generate approximately $527,000 in additional revenue annually. The increased revenues would primarily be used to promote tourism and enhance business activity at the Fair and Expo Center. A key component would include a marketing program designed to increase the number of large events to attract visitors throughout the region. Up to 30% of the revenue would be used to help fund other county services, such as public safety, health and human services and county infrastructure, available to residents and visitors. Using travel metrics developed by the gravel Industry of America and Travel Oregon, it is estimated that the events and activities at the Fair & Expo Center generated $30 million in economic impact to Central Oregon in 2012. This economic impact consists of the amounts spent by visitors on lodging, meals, transportation, retail and recreation. In addition to its economic impact, the Fair and Expo Center also contributes to the community, for example, by serving as an emergency response command center for natural disasters, and hosting a variety of activities at no cost, such as High School graduations, health and immunization clinics and military memorial services. Approval of this measure would amend the Deschutes County Code ("DCC") section 4,08.090, first sentence, to read: "For the privilege of Occupancy in any Hotel, on and after July 1, 2014 each Transient shall pay a Tax in the amount of eight percent (8%) of the Rent for Occupancy of space In a Hotel." Person responsible for the content of the Explanatory Statement: (Typed) (Signed) X Name of the Governing Body the person represents. Exhibit C to Resolution 2013-103 Page 1