HomeMy WebLinkAboutOrder 069 - County 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 July 9, 2008
DATE: July 7, 2008
FROM: Susan Ross Property & Facilities Department 383-6713
TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2008-069, an Order
Correcting Order No. 2008-061, Transferring and Distributing Certain Monies from the Deschutes
County Land Sales Fund.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
June 11, 2008, the Deschutes County Board of Commissioners approved Order No. 2008-061,
attached as Exhibit "A" regarding distribution of monies from the Deschutes County Land Sales
Fund. Section 2 of Order No. 2008-061 is in error because it directs that funds be transferred to the
General Fund, when it should have stated that funds are to be directed to the Foreclosed Land Sales
Fund. The Land Sales Fund is where the foreclosed property proceeds are held. Each year, these
funds are distributed according to State law. An error was made because funds were directed to he
transferred directly to the general fund when, in fact, funds are to be distributed to the foreclosed
land sales fund, which is the fund that manages activities for foreclosure properties. A portion of
these funds from the foreclosed land sales fund are then transferred to the general fund for staffing
property management activities.
Section 2 of Order No. 2008-061 is replaced with the following language:
"Section 2. The Deschutes County Treasurer shall transfer $90,000 from
the County Land Sales Fund to Fund 205, the Foreclosed Land Sales
Fund, for maintenance and supervision of properties."
FISCAL IMPLICATIONS:
There was no net impact created by this error. The error was merely a misstatement of the "path" of
distribution of the monies.
RECOMMENDATION & ACTION REQUESTED: Board approval and signature of Order Ni'.
2008-069.
ATTENDANCE: Susan Ross, Director Property & Facilities Department
DISTRIBUTION OF DOCUMENTS:
Copy of Order to Jeanine Faria, Accounting Manager, County Finance Department
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Amending Order No. 2008-061,
Transferring and Distributing Certain Monies
From the Deschutes County Land Sales Fund
*
*
ORDER NO. 2008-069
WHEREAS, on June 11, 2008, the Deschutes County Board of Commissioners approved Order
No. 2008-061, attached as Exhibit "A" regarding distribution of monies from the Deschutes County
Land Sales Fund; and
WHEREAS, Section 2 of Order No. 2008-061 is in error because it directs that funds be
transferred to the General Fund, when it should have stated that funds are to be directed to the
Foreclosed Land Sales Fund; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That Section 2 of Order No. 2008-061 is replaced with the following language:
"Section 2. The Deschutes County Treasurer shall transfer $90,000
from the County Land Sales Fund to Fund 205, the Foreclosed Land
Sales Fund, for maintenance and supervision of properties."
DATED this day of , 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: MICHAEL M. DALY, Commissioner
Recording Secretary TAMMY (BANEY) MELTON, Commissioner
PAGE 1 OF 1- ORDER NO. 2008-069 (07/16/08)
REVIEWED
LEGAL COUNSEL
'A
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. 2008-061
WHEREAS, pursuant to Order No. 2008-010, the Deschutes County Sheriff held a public sale
of County -owned properties on March 20, 2008; and
WHEREAS, the County has sold through private sale properties that were not sold at public
auction; 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 the
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; and
order:
WHEREAS, the County's Land Sales Fund contains the following monies as of the date of this
1. $104,300 in proceeds from land sales of properties foreclosed for delinquent taxes;
2. $1,984.05 interest accumulated in the fund;
3. $71,693.07 collected on the principal and interest on notes given to the County at the
time of sale;
WHEREAS, the properties foreclosed for delinquent taxes sold at the March 20, 2008, public
sale incurred a total of $1,578.53 in penalties and fees, as detailed in Exhibit "A"; and
WHEREAS, monies necessary for the maintenance and supervision of the properties is
$90,000; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The Deschutes County Treasurer shall transfer $1,578.53 from County Land Sali:s
Fund to the County General Fund for the penalties and fees.
PAGE 1 of 2- ORDER No. 2008-061 (06/11/08)
Section 2. The Deschutes County Treasurer shall transfer $90,000 from the County Land Sales
Fund to the County General Fund for maintenance and supervision of properties.
Section 3. The Deschutes County Treasurer shall distribute the remainder of the Land Sales
Fund to the taxing districts within the County in accordance with the formula established by State
statute.
DATED this day of , 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: MICHAEL M. DALY, Commissioner
Recording Secretary TAMMY (BANEY) MELTON, Commissioner
PAGE 2 OF 2- ORDER No. 2008-061 (06/11/08)