HomeMy WebLinkAboutOrdinance 004 - Set Fees Semi-Annually (2)�v1"ESC.
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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 January 20, 2010
Please see directions for completing this document on the next page.
DATE: January 6, 2010
FROM: Dave Kanner. County Administrator X6565
TITLE OF AGENDA ITEM:
Consideration of second reading by title only and adoption of Ordinance 2010-004, Amending
Deschutes County Code Chapter 4.12 to Allow for Setting Fees Semi-annually.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
In 2009, the Oregon Legislature adopted Senate Bill 916 to amend ORS 203.114 to allow counties to
set fees every six months instead of every year. That amendment is effective January 1, 2010. The
County Code in Chapter 4.12, however, only authorizes setting the fees once a year and needs to be
changed to take advantage of the new statute. The text amendment is written to still provide for the
mandatory setting of fees on July 1 but a permissive setting of fees on January 1 of each fiscal year.
Additionally, the use of "fee" and "charges" in DCC Chapter 4.12 was inconsistent throughout the
chapter. Thus, a new, broad definition of "fee" was added to the proposed text and that term is used
throughout the chapter.
Because the first time the semi-annual setting of fees mid -fiscal year will occur in January 2011, the
ordinance can be adopted in the normal course with the first reading on January 6, 2010, second reading
and adoption at least 13 days later and the effective date 90 days after the adoption of the ordinance.
FISCAL IMPLICATIONS:
This will allow the county to raise, lower, add or eliminate fees twice a year instead of once a year i a
response to changes in the county's costs that may fluctuate throughout the year.
RECOMMENDATION & ACTION REQUESTED:
The Board approve the Chair conducting the second of the ordinance by title only; then adopt.
ATTENDANCE: Dave Kanner
DISTRIBUTION OF DOCUMENTS:
Copy e-mailed to Dave Kanner
REVIEWED
LEG L COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Chapter 4.12 to Allow for Setting Fees
Semi -Annually.
ORDINANCE NO. 2010-004
WHEREAS, in 2009, the Oregon Legislature adopted Senate Bill 916 which, among other things,
amended ORS 203.115 to reduce the time from setting a fee to changing a fee from one year to six months; an.
WHEREAS, changes to Deschutes County Code Chapter 4.12 are necessary to allow for setting fees
semi-annually and to correct inconsistent use of terms; and
WHEREAS, the Board of County Commissioners finds that reviewing the fees more frequently th,rn
annually and having the option of adding fees, or changing fees six months after previously setting its fees
allows the County to make more timely adjustments that may be necessary for conducting County business arad,
therefore, is in the public interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 4.12.010 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
$ rile feugk.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
PAGE 1 OF 2 - ORDINANCE NO. 2010-004
Date of 1 s Reading: day of ,w , 2010.
/ I
Date of 2nd Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-004