HomeMy WebLinkAboutOrdinance 011 - Overpymt of Recording FeesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 13, 2013
DATE: February 27, 2013
FROM: Nancy Blankenship County Clerk's Office 541-388-6654
TITLE OF AGENDA ITEM:
Consideration of Board Signature of adoption of Ordinance 2013-011 Amending Title 2.08.020 of the
Deschutes County Code Authorizing County Clerk to Not Refund Overpayment for Recording Fee of
$10.00 or Less and Declaring an Emergency.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
In 2004, the Board of County Commisioner's adopted Ordinance 2004-014 that allowed the County
Clerk to not have to issue a refund if the recording fees paid by check exceeded the actual recording
fees by less than $10.00. Since that time, the County Clerk's office, began accepting the electronic
recording of documents under prescribed circumstances. That includes the electronic payment of the
recording fees through a process such as ACH (Automatic Clearing House). Additionally, the Clerk
now accepts recording fee payments by means of a debit card. Thus, the ordinance needs to be changed
to allow the Clerk to not have to process refunds for small overpayments regardless of the form in
which the fee payments are made because the administrative cost for processing a refund continues to
exceed the amount of the refund if the overpayment is small.
Ordinance 2013-011 removes the word "check" from Deschutes County Code 2.08.020 and, therefore,
removes the limitation as to the form of payment of a small overpayment that would allow the Clerk to
not incur administrative costs in refunding small overpayments.
FISCAL IMPLICATIONS:
The overpayments not refunded, in addition to those retained per the 2004 version of the ordinance, is
estimated to generate on average $1,4 78/year in additional recording fees but would cost more than that
in administrative costs if a refund was required.
RECOMMENDATION & ACTION REOUESTED:
Motion 1: Approval of First and Second Reading by Title Only
Conduct First and Second Reading
Motion 2: Adoption of Ordinance 2013 -0 11.
ATTENDANCE: Nancy Blankenship andlor JeffSageser.
DISTRIBUTION OF DOCUMENTS:
Original to County Clerk for recording in the Commissioners Journals, Copy to Legal Counsel for
codification.
/II
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 2.08.020 of the *
Deschutes County Code Authorizing County Clerk to * ORDINANCE NO. 2013-011
Not Refund Overpayment for Recording Fee of *
$10.00 or Less and Declaring an Emergency. *
WHEREAS, the Deschutes County Finance Department estimates the direct cost to the County for
issing a refund check is between $2.00 and $4.00 and total cost, including overhead allocation, is approximately
between $10 and $20; and
WHEREAS, the County Clerk's Office sometimes receives payments for recording fees which exceed
the amount of the recording fee; and
WHEREAS, the cost to the County of refunding overpayments sometimes exceeds the amount of the
overpayment; and
WHEREAS, current Deschutes County Code ("DCC") says that no refund for overpayment shall be
issued for any overpayment received by check of$10.00 or less received by the County Clerk's office for
payment ofrecording fees; and
WHEREAS, the Board of County Commissioners finds that it is in the public interest to change
Deschutes County Code such that no overpayment of$10.00 or less for recordings fees will be refunded
regardless ofthe form in which the payment was made; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 2.08.020 is amended to read as described in Exhibit "A," attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethfough.
PAGE 1 OF 2 -ORDINANCE NO. 2013-011
Section 4. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this ___of _____,2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DeBONE, Commissioner
Date of 1sl Reading: __day _____,2013 .
Date of 2nd Reading: __day of _____, 2013
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney
Anthony DeBone
Effective date: __day of _____, 2013 .
ATTEST
Recording Secretary
PAGE 2 OF 2 -ORDINANCE NO. 2013-011
Exhibit A
Chapter 2.08. COUNTY CLERK
2.08.020. Refund of Over-payments of Recording fees
Unless requested by the person submitting the documents to be recorded, no refund for oyer paymeat shall
be issued for any elteek over-payment of fees of $10.00 or less received by the County Clerk's office for
payment of recording fees.
(Ord. 2013-011. Ord. 2004-014 §1, 2004)