1985-15167-Ordinance No. 85-020 Recorded 7/25/198585-15167
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Declaring the
Need For Economic Development
Activities Within Deschutes
County, Oregon, Providing For
The Acquisition and Disposi-
tion of Real Property, Pro-
viding for County Industrial
Facilities, Providing for
Development Projects, and
Declaring an Emergency.
ORDINANCE NO. 85-020
R,EV€'
COU14TY, OREGON
VOL
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1.
otherwise:
Definitions. Unless the context requires
65 PAGE 208
1. Development Project: The acquisition, engineering,
improvement, rehabilitation, construction, operation or
maintenance, including preproject planning costs, in
whole or in part, of any property, real or personal,
that is used or is suitable for use by an economic
enterprise and that will result in, or will aid, pro-
mote or facilitate development of one or more of the
following activities:
A. Industrial parks or facilities for manufacturing
or other industrial production, agricultural
development or food processing, aquacultural
development or seafood sources, convention
facilities, trade centers, transportation or
freight facilities, recreational facilities, or
tourist attractions.
B. Other activities that represent new technology or
type of economic enterprise the County determines
is needed to diversify the economic base of an
area.
C. The creation of employment.
2. Industrial facility: Any land, any building or other
improvement, and all real and personal properties, in-
cluding, but not limited to, machinery and equipment
deemed necessary in connection therewith, whether or
not now in existence, which shall be suitable for use
1 - ORDINANCE NO. 85-020
VOL 65 FAG E209
for industrial, manufacturing, research and development
or warehousing purposes, but shall not include port
facilities or facilities for any purposes or enter-
prises which are subject to regulation by the Public
Utility Commissioner of Oregon.
Section 2. Declarations. The Board of County Commissioners
of Deschutes County, Oregon, finds and declares that:
1. Deschutes County has an important and continuing role
in the economic development and diversification of
industry and tourism within its boundaries.
2. There is a need to increase long-term employment oppor-
tunities and economic stability through industrial
diversification by providing the physical facilities
necessary to develop responsible and compatible indus-
try in Deschutes County.
3. Continued development of industrial, manufacturing,
warehouse and tourist facilities and recreational
industries are necessary insure the growth and pros-
perity of Deschutes County.
4. It is in the public interest to develop seasonal employ-
ment by encouraging the orderly growth and promotion of
non-polluting, labor-intensive industries such as tour-
ism which are compatible with other public entities and
governmental units in respect to energy development and
conservation, environmental protection, transportation,
and the judicious use of natural resources.
5. Planning and promotion of tourism and recreation facil-
ities and attractions should be coordinated with the
private sector in order to promote the orderly develop-
ment and implementation of compatible programs for
advancing and enhancing tourism in Deschutes County.
6. It is the purpose of this Ordinance to provide
Deschutes County with the power to acquire title or
interest therein by purchase, gift, grant, or donation
or otherwise to one or more industrial or tourist facil-
ities and to lease, sell and convey such facilities to
any person, firm, partnership or corporation either
public or private, the primary goal of such transac-
tions being to promote employment and increase perma-
nent job opportunities in Deschutes County.
7. It is further declared that the acquisition of title or
interest therein to such facilities and the lease, sale
and conveyance of such facilities as provided by this
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VOL 65 FAcF 2 6
Ordinance is a public purpose and shall be regarded as
performing an essential governmental function of County
concern.
Section 3. Power of County to Acquire and Dispose of
Industrial Facilities and Enter Into Agreements. Deschutes
County is hereby empowered:
1. To acquire by purchase, gift, grant, donation, lease,
exchange or otherwise one or more industrial or recre-
ational facilities or interest therein which shall be
located within Deschutes County.
2. To lease to any person, firm, partnership or corpora-
tion, either public, private, or non-profit, any or all
of such industrial or recreational facilities acquired
pursuant to Section 3 of this Ordinance, or otherwise,
for such rentals and upon such terms and conditions and
for such periods or period as the Board determines.
3. To sell or convey all or any of such industrial or
recreational facilities, including any part thereof at
public or private sale, with or without advertisement,
and to do all acts necessary to the accomplishment of
such sale or conveyance.
4. To enter into agreements with other jurisdictions,
including, but not limited to, cities and ports,
providing for joint development of industrial or
recreational facilities.
5. To enter into agreements to finance the costs of devel-
opment projects by loaning non -tax revenues to any
private corporation under such terms and with such
security as required by this Ordinance.
6. To apply for and receive grants from the State of
Oregon and Federal Government agencies.
Section 4. Management of Industrial Facilities. Deschutes
County shall not operate an industrial facility as a business
enterprise or in any manner except as a lessor.
Section 5. Rules Governing Board Approval of the Sale or
Lease of Property. The sale, transfer or lease of property
authorized to be acquired or disposed of under Section 3 of this
Ordinance shall only be made upon findings of the Board that such
sale, lease or transfer will result in:
1. Economic development and diversification of industry or
tourism;
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VOL 65 %F_ 211
2. Long-term employment opportunities and economic
stability through industrial diversification;
3. Development of industrial manufacturing, research and
development, warehouse, tourist or recreational
facilities;
4. Creation of employment;
5. Compatibility with existing and proposed development
and public facilities and services; and
that the lessee or grantee has demonstrated the ability to engage
in the responsible management of the property, has the finan-
cial ability to meet the terms and conditions of the lease or
contract applicable to the property and has the ability to suc-
cessfully engage in the development project or proposed business.
Section 6. Constitutional Disclaimer. Nothing in this
Ordinance is intended to permit or empower Deschutes County to
become a stockholder in any joint company, corporation or asso-
ciation or non-profit association, whatever, or raise money for,
or loan its credit to or in aid of, any such company, corporation
or association or non-profit association.
Section 7. Rules Governing Board Approval of Development
Projects.
1. The Board may approve a loan for a development project,
if, after investigation, it finds that:
A. The proposed development project is feasible and a
reasonable risk from practical and economic stand-
points, and the loan has a reasonable prospect of
repayment.
B. The applicant can provide good and sufficient col-
lateral for the loan.
C. Moneys are in the Deschutes County Industrial
Development Revolving Fund, the Deschutes County
Business Loan Fund, or are otherwise available
from non -tax revenues.
D. There is a need for the proposed development
project, and the applicant's financial resources
are adequate to assure success of the project.
E. The moneys to be loaned promote a public purpose.
2. Nothing in this Section shall permit a development pro-
ject loan for the purpose of refinancing an existing
debt owed by the applicant or restructuring an existing
4 - ORDINANCE NO. 85-020
VOL 65' FAGS 212
loan unless the Board finds exceptional circumstances
which warrants consideration of such a loan, and which,
at a minimum includes findings that:
A. Substantial adverse economic conditions exist
requiring immediate remedial action which is not
feasibly available elsewhere; and
B. Such loan would increase opportunities for gainful
employment in Deschutes County, and that those
opportunities will be lost except for the loan;
and
C. Such loan conforms to the County's Economic
Development Plan, if applicable, if such plan
exists.
Section 8. Loan Agreement. If the development project is
approved, the Board may enter into a loan agreement secured by
good and sufficient collateral which shall set forth, among other
matters:
1. A plan for repayment by the applicant to the County
moneys borrowed from the fund used for the development
project with interest charged on those moneys at the
rate determined by the Board. The plan:
A. Shall provide for commencement of repayment by the
applicant of moneys used for the development pro-
ject and interest thereon no later than 180 days
after the date of the loan contract or at such
other time as the Board may provide.
B. May provide for reasonable extension of the time
for making any repayment in emergency or hardship
circumstances if approved by the Board.
C. Shall provide for such evidence of debt assurance
of, and security for, repayment by the applicant
as is considered necessary by the Board.
D. Shall set forth a schedule of payments and the
period of loan which shall not exceed the usable
life of the contracted project or 15 years from
the date of the contract, whichever is less, and
shall also set forth the manner of determining
when loan payments are delinquent. The payment
schedule shall include repayment of interest which
accrues during any period of delay in repayment
authorized by paragraph B of this subsection, and
the payment schedule may require payments of vary-
ing amounts for collection of accrued interest or
principal.
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VOL 65 FACE 213
E. Shall set forth a procedure for formal declaration
of default of payment by the Board including for-
mal notification of all relevant Federal, State
and local agencies; and further, a procedure for
notification of all relevant Federal, State and
local agencies that declaration of default has
been rescinded when appropriate.
2. That the liability of the County under the contract is
contingent upon the availability of moneys in the
Deschutes County Industrial Development Fund and the
Deschutes County Business Loan Fund for use in the
development project.
3. Such further provisions as the Board considers neces-
sary to insure expenditure of the funds for the pur-
poses set forth in the approved application.
Section 9. Emergency. This Ordinance being necessary for
the immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on its passage.
DATED this JqGh day of 9�,c,Q,c� , 1985.
ATTEST:
6 - ORDINANCE NO. 85-020
3B R OF COUNTY COMMISSIONERS
O SCHUTES COUNTY, OREGON
LAURENCE A. TUTTLE, Chairman
LOIS B
STO
PRA
E, Commissioner
DI
IN,
Com
issioner
