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City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2003 / 04/15 / Realestate Tax

Realestate Tax


[Council Communication]  [Proposed Resolution]


Council Communication
Title: Resolution in Support of HB 2595 to Repeal the Ban on Real Estate Transfer Taxes
Dept: Legal Department
Date: April 15, 2003
Submitted By: Paul Nolte
Approved By:
...........................
Gino Grimaldi, City Administrator

Synopsis: This resolution urges the legislature to remove the prohibition on real estate transfer taxes.
Recommendation: Staff recommends adoption of the resolution.
Fiscal Impact: Supporting the house bill itself has no fiscal impact. Should the City choose to enact a real estate transfer tax in the future, a tax of $1.00 per $1000 (0.1%) valuation would generate approximately $103,000 annually. A 0.75% tax rate would result in approximately $770,000. See the council communication on this subject dated April 1, 2003, submitted by John McLaughlin, Community Development Director.
Background: The council considered a proposed resolution on this same subject at its April 1, 2003, meeting. That resolution emphasized that a real estate transfer tax, if adopted by the council, could be used to fund affordable housing in Ashland. The council requested certain modifications to the proposed resolution with an emphasis on the city's right to home rule and urging the state legislature to not preempt issues of local control. The council did not commit to whether a real estate transfer tax would be adopted or, if adopted, where the funds would be allocated.



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RESOLUTION NO. 2003-_______

A RESOLUTION IN SUPPORT OF HB 2595 TO REPEAL THE BAN ON REAL ESTATE TRANSFER TAXES

Recitals:

A. Any state legislation that infringes upon Oregon cities' constitutional right of self- determination must be carefully evaluated and specifically tailored to limit it to subjects of truly statewide concern.

B. Preemption by the state legislature of matters involving local concern in order to favor special interests should never be utilized especially when such action interferes with the local needs of citizens.

C. The statewide prohibition on real estate transfer taxes is precisely the type of legislative interference that deprives citizens of the option to adopt local taxes to support the multitude of programs the state, in its financial crisis, can no longer address.

D. Cities must have the financial resources to provide the basic public services - public safety, roads, sewer, water, library, parks - that our citizens and businesses depend on, including affordable housing, and that make our communities desirable places to live and work.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The City Council of the City of Ashland urges the Oregon State Legislature to repeal the prohibition on real estate transfer taxes by adopting HB 2595.

SECTION 2. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this _____ day of April, 2003.
Barbara Christensen, City Recorder

SIGNED and APPROVED this day of , 2003.
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney



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