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HomeMy WebLinkAboutOrder 046 - Dissolve Bend Library CSDIJJ ..\d..'~'.'~a ~.. 1t..-<......D.i"{.' Deschutes 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 December 2, 2013 DATE: November 27, 2013 FROM: Laurie Craghead. Legal 541-388-6623 TITLE OF AGENDA ITEM: For possible placement on Consent Agenda -Consideration of Board Signature of Order No. 2013-046 Dissolving the Bend Library County Service District PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: The Board, acting as the Governing Body of the Bend Library County Service District ("District"), previously signed Resolution 2013-111 iniating the dissolution of the Districts. That resolution ordered that all District funds remaining after the final payment on the District's bond be transferred to the Deschutes Public Library District ("DPLD") upon receipt of a resolution by the agreeing to use the funds only for capital improvements for library buildings within the City of Bend. The Deschutes County Finance Director received that resolution on and transferred the District's excess funds to the DPLD. Additionally, Deschutes County will receive all District current and prior tax year revenue because, per ORS 311.392, the County advanced the District the funds for its taxes levied. Because the District has no remaining assets or liabilities, the District should be dissolved. Order 2013­ 046 orders the dissolution of the district. FISCAL IMPLICATIONS: The County will provide the District with an advance payment of $768,869 per the statutorily prescribed formula but may not collect the entire amount in tax revenue. RECOMMENDATION & ACTION REQUESTED: Motion: Approve Board Signature of Order 2013-046 Alternate Motion: Approve as part of Board's Consent Agenda ATTENDANCE: Laurie Craghead DISTRIBUTION OF DOCUMENTS: Laurie Craghead to get original in order to obtain 3 certified copies ofthe Order. I REVIEWED LEGifco",sEZ For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Order Dissolving the Bend Library County Service District * * ORDER NO. 2013-046 WHEREAS, the Bend Library County Service District ("District") adopted Resolution No. 2013-111 initiating the dissolution of the District, providing the necessary findings of fact as to why the District is no longer necessary for the purpose for which it is formed and providing the dissolution plan and the Board of County Commissioners adopts those findings; and I WHEREAS, the Deschutes Public Library District ("DPLD") provided the Deschutes County Finance Director with the required resolution of acceptance of the District's excess funds and the Deschutes County Finance Director transferred all existing District excess funds to the DPLD; and WHEREAS, because the District is no longer necessary, it is in the interest of the people of Deschutes County that the district be dissolved and no longer levy taxes; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Resolution 2013-111 and this order are the dissolution plan for the District. Section 2. By close of business this same day, the Deschutes County Legal Counsel shall file a copy of Resolution 2013-111 and this order with the County Clerk as the dissolution plan for the District. III , ; PAGE 1 OF 2-ORDER No. 2013-046 --------------- Section 4. Upon filing of the dissolution plan with the County Clerk, the District is dissolved. 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 STATE OF OREGON ) ) ss. County of Deschutes ) Signed and sworn to (or affirmed) before me, a Notary Public, by ALAN UNGER, TAMMY BANEY, and ANTHONY DEBONE, the above-named Board of County Commissioners of Deschutes County, Oregon, on behalf of Deschutes County, Oregon. DATED this ___ day ______,2013. Notary Public for Oregon My Commission Expires: _________________ PAGE 2 OF 2-ORDER No. 2013-046