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HomeMy WebLinkAboutTransient Lodging Tax DocsREVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Submitting a Proposed Ordinance Amending Section 4.08.090 of the Deschutes County Code, Increasing the Transient Room Tax Rate to Nine Percent (9%), to the People of Deschutes County, Oregon, for Their Approval or Rejection at an Election to be Held on Tuesday, November 4, 2008, and Providing for a Ballot Title. * * RESOLUTION NO. 2008-119 * * * * * WHEREAS, the Deschutes County Transient Room Tax provides needed funds for the promotion of tourism; and WHEREAS, Transient Room Taxes also provide funds for county services which support tourism, such as law enforcement and emergency response, and for tourism -related facilities which substantially support tourism, such as the Fair and Expo Center Complex and certain county roads, listed on Exhibit A. that are tourist related; and WHEREAS, the Transient Room Tax was last amended to the current rate of 7% in 1988; and WHEREAS, the current Transient Room Tax imposed by the Cities of Bend and Redmond is 9%; an WHEREAS, the County has recently witnessed a substantial decline (approximately $3 million per year) in federal funds, which the county has historically used to maintain its roadway system; WHEREAS, Deschutes County Board of County Commissioners ("Board") by this resolution intends to submit to the voters of Deschutes County an Ordinance Amending Deschutes County Code ("DCC") Section 4.08.090 to Increase the Transient Room Tax from seven percent (7%) to nine percent (9%); now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Ordinance Proposed. The Deschutes County Code Amendment, set forth in Exhibit "B," attached hereto and by this reference incorporated herein, proposing to amend Section 4.08.090, "Tax Imposed," of the Deschutes County code, is hereby submitted to the legal voters of Deschutes County, Oregon, for their approval or rejection. Section 2. Date of Election. That the Ordinance proposed in Section 1 of this Resolution, relating to the amendment of Deschutes County Code Section 4.08.090, be submitted to the legal electors of Deschutes County, Oregon at the general election to be held on November 4, 2008. Section 3. Notice of County Measure Election. The Notice of County Measure Election for the proposed Ordinance set forth in Section 1 of this Resolution, shall be submitted to the Deschutes County Cl in substantially the same form as the attached Exhibit C, incorporated by reference herein. PAGE 1 OF 2 RESOLUTION NO. 2008-119 (08/13/08) CAPTION: Increase in Deschutes County Transient Room Tax. QUESTION: Shall the County Code be amended to increase the transient room tax outside cities to 9% beginning January 1, 2009? SUMMARY STATEMENT: On August 6, 2008, the County Board of County Commissioners adopted Resolution No. 2008-119 referring to the voters of Deschutes County an ordinance to amend the Deschutes County Code Section 4.08.030 to increase the County Transient Room Tax from 7% to 9% beginning January 1, 2009. The revenue from the increase in the tax on individuals renting of hotels, motels and similar room accomodations will be used to fund tourism promotion, tourism -related facilities, including roads principally used by Deschutes County visitors and to fund county services. Existing revenues which were used to pay debt service on tourism -related facilities upon retirement of this debt shall likewise be used to fund tourism promotion or tourism -related facilities and to fund county services. The increase in the tax is expected to raise an additional $1,033,000 in revenue in the first year. Section 4. Explanatory Statement: The Explanatory Statement to be submitted to the County Clerk to be included in the County voters' pamphlet is attached as Exhibit "D" and incorporated by reference herein. Section 5. The Board Chair is authorized to sign the Notice of County Measure Election and the Explanatory Statement. Section 6. The Deschutes County Clerk shall include on the November 4, 2008 general election ballot the required information from the Notice of County Measure Election and the Explanatory Statement. Section 7. Election. The election for the ordinance proposed in Section 1 of this Resolution shall be conducted as prescribed by law. Section 8. Filing. Immediately following passage, this Resolution shall be filed with the Deschutes County Clerk. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair Recording Secretary MICHAEL M. DALY, Commissioner PAGE 2 OF 2 — RESOLUTION NO. 2008-119 (08/13/08) EXHIBIT "B" THE PEOPLE OF DESCHUTES COUNTY, OREGON, ORDAIN AS FOLLOWS: Section 1. Deschutes County Code Section 4.08.090, Tax Imposed, is amended as follows with new language underlined and language to be deleted in f;trikcthrough: "4.08.090 Tax Imposed. "For the privilege of Occupancy in any Hotel, on and after the effective date of the ordinance codified in DCC 4.08, each Transient shall pay a Tax in the amount of coven percent (7%) nine percent (9%) of the Rent for Occupancy of space in a Hotel. The Tax constitutes a debt owed by the Transient to the County, which is extinguished only by payment to the Operator as agent for the County. The Transient shall pay the Tax to the Operator of the Hotel at the time the Rent is paid. The Operator shall enter the Tax on Operator's records when Rent is collected if the Operator keeps records on the Cash accounting basis and when earned if the Operator keeps records on the Accrual accounting basis. If Rent is paid in installments, a proportionate share of the Tax shall be paid by the Transient to the Operator with each installment. If, for any reason, the Tax due is not paid to the Operator of the Hotel, the Tax Administrator may require that such Tax shall be paid directly to the County." Section 2. This Ordinance shall become effective, after approval, on January I, 2009. Exhibit "A" to Ordinance No. 2008-(8/6/08) Exhibit D EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2008) Ballot Title Caption: Increase in Deschutes County Transient Room Tax Measure Number: Enter Measure Number Here Word Total (500 Maximum): 201 (Explanatory Statement Shall Be Typed) Enter Explanatory Statement Here Renters of hotel, motel or similar accommodations pay transient room taxes. Revenues from transient room taxes, paid by these renters, have been used to promote tourism and to partially pay for County services and facilities also used by County visitors. The County's current transient room tax of 7% was established in 1988. The cities of Bend and Redmond currently impose a 9% transient room tax. The estimated revenue increase is $900,000 per year. The increased revenues will be used to fund tourism promotion or tourism -related facilities and to fund county services. Existing revenues which were used to pay debt service on tourism -related facilities upon retirement of this debt shall likewise be used to fund tourism promotion or tourism - related facilities and to fund county services. County property tax dollars are not used for tourism promotion. Approval of this measure will adopt a Deschutes County Ordinance Amending the first sentence of Deschutes County Code ("DCC") section 4.08.090 to read "For the privilege of Occupancy in any Hotel, on and after the effective date of the ordinance codified in DCC 4.08, each Transient shall pay a Tax in the amount of nine percent (9%) of the Rent for Occupancy of space in a Hotel." Person responsible for the content of the Explanatory Statement: (Typed) Enter Name of Person Responsible for Explanatory Statement Here (Signed) X Enter Name of Governing Body Here Name of the Governing Body the person represents. Instructions 1. The Explanatory Statement shall be typed. The text of the Explanatory Statement will be printed as submitted. 2. The word total shall not exceed 500 words. 3. The Explanatory Statement shall be signed by the person responsible for the content of the statement and include the name of the governing body that person represents. 4. The Explanatory Statement shall be filed with the County Clerk of the county in which the administrative office of the electoral district is located, 5. The Explanatory Statement shall be filed by 5:00 p.m. on the filing deadline for the notice of measure as shown in the table below. ELECTION: March 11, 2008 May 20, 2008 September 16, 2008 November 4, 2008 Deadline: January 10, 2008 March 20, 2008 July 17, 2008 September 4, 2008 Return this completed form to: Nancy Blankenship Deschutes County Clerk 1300 NW Wall Street, Suite 200 Bend, OR 97701 Phone: 541-388-6544 Tourist Roads in Deschutes County EXHIBIT A Fo- O Road Name 'O fts Ql ON V' Ql I� 10 00 rn M G7 O M M r+ 4-1 r+ (0 u m 0 ++ d J c Ylam!) • . = cp d W OIL 0 ` c E c (0 c cn s o_ a v J c CC c c 0 Z' L .6' .Z' .6"1a .Z- ajC c ct c U 0 Z 0 0 0 v 0 t f° U= U U U v U 45'• ra v c -a -o"0 �'a v uJL)wwwmw O L r O J 12 J fI3 cf3 Q1 N (I _ _ _c d "C >- > +O.+ U O X 0 3 ›. U t i 1:2m • O m �� N a' �§ 2 =mCS) v) eD f� 'Ch N Lf) Lf) N O O %D CO O M , -� 1-1 4-1 00 ,-a 4-1 (f) ri .-1 CI' Cr N I� V Llf M Total Miles File: C:\Data\EXCEL\County Mileages C c E o i N a icsd C L 0 -, _0 c O L v (.75. Q? C ui cl a CI