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HomeMy WebLinkAboutOrder 042 - Land Sales FundDeschutes 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 Wednesday, June 24, 2009 Please see directions for completing this document on the next page. DATE: June 16, 2009 FROM: Susan Ross Property & Facilities 383 6713 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2009 -042, an Order Transferring and Distributing Certain Monies from the Deschutes County Land Sales Fund. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Each year, the balance of the land sales fund must be distributed. Proceeds from sale of foreclosec . properties are accounted to this fund. Although there were no public foreclosure auctions held this fiscal year, there are proceeds from a private sale of a piece of property offered at a previous auction, as well as contract payments and accumulated interest on property sold on contract at previous auction. State law (ORS 275.275) dictates how these proceeds are to be applied: First, to refund the county general fund for the amounts advanced by the county to pay any state taxes upon the foreclosed properties; second, to the county general fund for fees and penalties applied to the property; third, to refund the county for all costs and expenses incurred in the maintenance and supervision of such properties; and finally, the balance is distributed proportionately to the various taxing districts within the county. Because no auction was held this year, the balance of the land sale fund will be distributed to the county foreclosed land sales fund for maintenance and supervision of properties. No funds will be distributed to taxing districts this fiscal year. FISCAL IMPLICATIONS: The balance as of June 16, 2009, in the land sales fund is $59,228.60. Additional miscellaneous revenue and interest may be received through fiscal year end. The balance of the fund as of June 30, 2009, will be transferred to the foreclosed land sales fund. RECOMMENDATION & ACTION REQUESTED: Board signature of Order No. 2009 -042, Distributing Certain Monies from the Deschutes County Land Sales Fund ATTENDANCE: Susan Ross DISTRIBUTION OF DOCUMENTS: Jeanine Faria, Finance REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Transferring and Distributing Certain Monies From the Deschutes County Land Sales Fund. * * ORDER NO. 2009-042 WHEREAS, the County has sold foreclosed property through private sale and has received contract payments on foreclosed properties that were sold on contract; and WHEREAS, ORS 275.275 requires proceeds arising from the sale of county foreclosed property to be applied in the following order: any state taxes, penalties and fees incurred in he foreclosure for delinquent taxes by a county, then any costs in the maintenance and supervision of such property; and WHEREAS, pursuant to ORS 275.275 and ORS 311, any proceeds received for the sale of properties foreclosed for delinquent taxes and not necessary for the above listed activities are to be distributed to the taxing districts. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Deschutes County Treasurer shall distribute the balance of the County Land Sales Fund, a Deschutes County Agency Fund, as of June 30, 2009, to the Foreclosed Land Sales Fund for maintenance and supervision of properties. DATED this _ day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS R. LUKE, Commissioner Recording Secretary ALAN LINGER, Commissioner