Loading...
1996-22004-Resolution No. 96-059 Recorded 5/30/199696-22004 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 COUNTY SERVICE DISTRICT A Resolution Authorizing the Execution and Delivery of : Agreements for the Lease Purchase of Computers, Software and Phone * __ Systems in the Principal Amount of $128,066.68 RESOLUTION NO. 96-059 REVIEWED t�-u 0 LEGAL COUNSEL WHEREAS, minutes of a meeting of the Board of County Commissioners (Board) of Deschutes County, Oregon, acting as the governing body of the Deschutes County 911 County Service District (District), held at the Juvenile Justice Building on the 29th day of April, 1996, pursuant to legal call therefor according to law; and WHEREAS, there was present a quorum of the duly elected and qualified District Board; and Whereas, the District is currently purchasing two computer systems, a phone system and CRT radios under separate existing lease purchase agreements and wishes to refinance such systems by entering into a new lease purchase agreement; and Whereas the District also wishes to purchase two new personal computer systems; and Whereas, the District wishes to finance all such transactions under the same lease purchase agreement and it appearing to the Board to be desirable to do so; WHEREAS, it appearing to the Board that it has the authority to enter into such Agreement pursuant to ORS 279.101; and WHEREAS, the District has authority to enter into the Agreement and to perform the actions contemplated by the Agreement; and WHEREAS, the following resolution, upon motion duly made and seconded was unanimously adopted; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 COUNTY SERVICE DISTRICT, as follows: Section 1. That the District enter into a Municipal Lease Purchase Agreement plus all schedules, exhibits and attachments thereto, with United States National Bank of Oregon, as Lessor (Lessor) and this District as Lessee covering the refinancing and lease of computer system, software, installation and incidental costs (Project). Said agreement being dated the 1st day of May, 1996, calling for rental amounts not exceeding in the aggregate $128,066.68, plus interest at the rate of 6.25% per annum, such agreement transacted under the provisions of ORS 279.101, and such agreement containing a provision indemnifying the Lessor against loss and expense incurred as a re It of interest income from the Lease becoming taxsi4�bleCRoFI D or inc� PAGE 1 - RESOLUTION N0. 96-059 (4/29/96) JUN 2 7 1996 i6N t996 result of the exclusion of any portion of interest paid by Lessor which is currently deductible. Section 2. That any one of the following persons Nancy Pope Schlangen, Chair, and Michael A. Maier, Director of Administrative Services, are authorized and empowered in the name of the District to execute and deliver to the Lessor the above-described Municipal Lease Purchase Agreement together with all exhibits, schedules and attachments, and to take any other actions necessary to secure appropriate financing for the Project. Section 3. That this resolution shall constitute a continuing authority to the designated person or persons to act on behalf of the District, and the powers and authority granted herein shall continue until revoked by the District, and formal written notice of such revocation shall have been given to the Lessor. Section 4. That the District covenants as follows regarding any federal tax legislation which may apply to this Lease: the Lease is not a private activity lease; the District does not reasonably expect to issue tax exempt obligations exceeding $10 million during the calendar year; the District designates the Lease as a qualified tax- exempt obligation for purposes of the deduction for interest expense by financial institutions. Section 5. That the Board by and hereby is authorized and directed to deliver to Lessor a duplicate original of this resolution. Section 6. This certifies, that the undersigned is the District Board of the above named municipal corporation; that the foregoing is a full, true and correct copy of this resolution unanimously passed by the Board thereof at a meeting of said Board held on the day and the place above specified, legally called and held, at which a quorum was present and voting. Section 7. I further certify that these are the specimen signatures of those persons authorized to enter into this transaction on behalf of the corporation. DATED this _ day of April, 1996. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 COUNTY SERVICE DISTRICT NANCY POPE SCHLANGEN, Chair Aeavu"v0"*4/ ATTEST: BARRY ! SLAUGHTM, Commissioner A Recording Secre ary RO'�RtkT L. NIPPER, doikdissioner PAGE 2 - RESOLUTION NO. 96-059 (4/29/96) MUNICIPAL LEASE -PURCHASE AGREEMENT 1. LEASE U. S. Bank of Oregon , (Bank Name) ("Lessor") hereby leases to Deschutes CountY 911 Service District , ("Lessee„) the personal property, (the "Equipment") described in Exhibit A, attached hereto and made a part hereof, or in any subsequent schedules which may hereinafter be made a part hereof, upon the following terms and conditions. 2. TERM AND RENT The tern of, and the rental amount ("Rental Amount") due under this Municipal Lease -Purchase Agreement ("Agreement") shall be as set forth in Exhibit B, or in any subsequent schedules which may hereafter be made a part hereof. Any past due payment of rent shall bear interest at the rate of 6 25 per annum. The Rental Amount includes specified amounts of principal and interest. Lessee covenants to pay all Rental Amounts when due, and to perform all other covenants contained in this Agreement. 3. INSPECTION BY LESSEE Lessee shall inspect the Equipment within forty-eight hours after receipt thereof. Unless Lessee within said period of time gives written notice to Lessor specifying any defect in or other proper objection to the Equip- ment, Lessee agrees that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the Equipment is in good condition and repair, and that Lessee is satis- fied with and has accepted the Equipment in such condition. 4. ALTERATIONS Lessee is hereby given the right to make alterations, additions or improve- ments to the Equipment, so long as the value of the Equipment is not reduced thereby. All additions and improvements of whatsoever kind or nature made to the Equipment shall immediately become the property of Lessor and subject to the terms of this Agreement. 5. MAINTENANCE AND REPAIR Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical and working order. 6. LOSS AND DAMAGE Lessee hereby assumes and shall bear the entire risk of loss ofand damage to the Equipment, whether or not insured from any and every cause whatsoever. No loss of or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Agreement, which shall continue in full force and effect. In the event of loss or damage of any kind whatever to the Equipment, or any part thereof, Lessee at the option of Lessor shall place the same in good repair, condition and working order or pay Lessor in cash the then unpaid Rental Amount due under this Agreement, together with accrued interest to the date of payment. Upon such payment this Agreement shall terminate with respect to the Equipment or part thereof so paid for and Lessee thereupon shall become entitled to such equipment. 7. SURRENDER OF EQUIPMENT Upon termination of this Agreement, Lessee shall (unless Lessee has acquired title thereto pursuant to either paragraph 6 or Exhibit B hereof) return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessee's cost and expense to such place as Lessor shall specify within the county in which the Equip- ment was delivered to Lessee or to which Equipment was moved with the written consent of Lessor. 8. INSURANCE ( �.m �-� 9 LL Lessee, at its own expense, shall keep the Equipment insured for such risks and in such amounts as Lessor shall require with carriers acceptable to Lessor, shall maintain a loss payable endorsement in favor of Lessor affording to Lessor such additional protection as Lessor shall require, and shall maintain liability insurance satisfactory to Lessor. All such insur- ance shall name Lessor and Lessee as co -insureds, and the policies shall provide that they may not be canceled or altered without at least ten days prior written notice to Lessor and the loss payable endorsement shall provide that all amounts payable by reason of loss or damage to the Equipment shall be payable only to Lessor. Lessee shall deliver to Lessor evidence satisfactory to Lessor of all such insurance. If loss or damage occurs under circumstances in which Lessee is not in violation of the terms of any such policies, and if Lessee has fulfilled its obligations under Paragraph 6 of this Agreement, and is not otherwise in default under this Agreement, Lessor will pay to Lessee so much of any insur- ance proceeds received by Lessor as a result of such loss or damage as will fully reimburse Lessee for the net expense it incurs in fulfilling its obligations under said Paragraph 6. Should Lessee fail to maintain insur- ance as herein provided, then Lessor shall have the right, after demand upon Lessee, and without releasing Lessee from any obligation hereun- der, to effect the same, and to pay and expend whatever amounts in its absolute discretion it may deem necessary therefor. All sums so paid or expended by Lessor shall be an indebtedness of the Lessee to Lessor and bear interest at the rate of 12% .per annum. 9. TAX EXEMPTION AND BANK QUALIFICATION Lessee hereby represents that it has taken all action necessary to cause the interest received by any holder of this Agreement to be exempt from federal income taxation under the Internal Revenue Code of 1986, as, amended. Lessee has designated the lease payments as "qualified tax- exempt obligations" as defined in Section 265(b) (3) (B) of the Internal Revenue Code of 1986, as amended. 10. TAXES The Rental Amounts have been established taking into account the exemption of the Equipment from personal property tax. Lessee shall file all certificates or other documents necessary to insure that the Equip- ment will be exempt from property tax. 11. ASSIGNMENT BY LESSOR It is understood and agreed that Lessor's interest in this Agreement may be assigned, mortgaged, or otherwise transferred or encumbered, all without notice to Lessee. In such event the assignee's right, title and interest in this Agreement, to the Rental Amounts provided herein and in the Equipment, shall be free from all defenses, set -offs or counter- claims of any kind or character, which Lessee may be entitled to assert against Lessor. It is agreed that such assignee does not assume any obliga- tion of Lessor herein named. Lessee may separately claim against Lessor as to any matter which Lessee may be entitled to assert hereunder. 12. INDEMNITY Lessee shall indemnify Lessor against, and hold Lessor harmless from any and all third -party claims, actions, suits or proceedings, costs, expenses, damages and liabilities, including attorneys' fees, arising out of, connected with, or resulting from the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation or return thereof. Lessee further covenants and agrees to indemnify Lessor against any loss, cost or expense incurred by Lessor or Lessor's assignee, (whether before or after termination or expiration of this Agreement or any assignment or other transfer of the Agreement to any other person, firm or corpo- ration) as a result of being the Lessor, or Lessor's assignee, under the Agree- ment, whether such loss, cost, or expense is incurred (a) directly as a result of any federal income tax assessed against interest received by the 36-9458 5/94 PAGE 1 OF 6 X holder of this A:;rcerrment or (b) indirectly such as by the imposition of a unininulm corporate tax or by the exclusion ofany portion of interest paid by the Lessor, or Lessor's assignee, which is currently deductible under the Internal Code of 1986, as amended, including rules and regulations promulgated thereunder ("the Code"). It is the intent and purpose of the parties hereto that the profit of Lessor, or Lessor's assignee, with respect to the payment of interest to it on the Agreement shall not be diminished by any such change in the Code or any admims- trative or judicial interpretation thereof (whether through or as a result of direct or indirect federal taxation of the interest on or principal of this Agreement, the disallowance of a deduction or otherwise.) 13. DEFAULT The default by Lessee under any term, covenant or condition of this Agreement which is not cured within ten days after written notice thereof from Lessor, shall, at the option of Lessor, terminate this Agreement and Lessee's right to possession of the Equipment. Upon termination of the Agreement, Lessor may without notice to or demand upon Les- see, take possession of the Equipment and lease or sell the same or any portion thereof, as Lessor shall elect, and apply the proceeds of any such sale or renting, after deducting all costs and expenses incurred in con- nection with the recovery, repair, storage and renting of the Equipment, in payment ofany obligations due from Lessee to Lessor hereunder, Lessee remaining responsible for any deficiency. Lessor shall also, in an event of default, be entitled to exercise all of the rights of secured party under the Uniform Commercial Code. 14. EFFECT OF WAIVER No delay or omission to exercise any right, power or remedy accruing to Lessor upon any breach or default of Lessee under this Agreement shall impair any such right, power or remedy of Lessor nor shall it be construed to be a waiver of any such breach or default, or an acquies- cence therein, or of or in any similar breach or default thereafter occur- ring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occur- ring. Any waiver, permit, consent or approval of any kind or character on the part of Lessor of any breach or default under this Agreement, or any waiver on the part of Lessor of any provision or condition of this Agreement, must be in writing and signed by Lessor. All remedies, either under this Agreement or by law, or otherwise afforded to Lessor, shall be cumulative and not alternate. 15. WARRANTIES Lessee acknowledges that this Agreement is a lease of the Equipment which the Lessee itself has selected and that Lessor makes no warranties, express or implied regarding the condition, quality, durability, capabil- ity, suitability, fitness for intended purpose or merchantability of the Equipment. Lessee agrees to rely solely upon any warranties with respect to the Equipment provided by the manufacturer or vendor thereof. No defect in or unfitness in the Equipment, or failure of a manufacturer or vendor to perform, shall relieve Lessee of its obligation to pay Rental Amounts or to perform any other obligations under this Agreement. U1_6-�� 16. ATTORNEY FEES In the event of any action at law or suit in equity in relation to this Aln-eennent, the prevailing party will pay to the non -prevailing party a reasonable sum for its attorney fees, at trial and on any appeal. 17. OWNERSHIP Title to and possession of the Equipment shall, during the term of this Agreement, be in the Lessee, except that Lessee hereby grants to the Lessor a security interest in the Equipment, which security interest shall be evidenced by financing statements or recorded title interests, as appropriate. Upon payment of all of the Rental Amounts, and the per- formance of all other obligations under this Agreement, Lessee shall become the owner of the Equipment free and clear of all claims of the Lessor and Lessor shall provide to Lessee such termination or other docu- nncnts evidencing ownership solely in the Lessee. 1.8. NOTICES Any communications between Lessor and Lessee, payments, and notices provided herein to be given or made, may be given or made by mailing the same to: U. S. Bank, Government Banking 6th F1, 1420 Fifth Ave., Seattle, Wa 98101 AND TO Lessee at: 62420 Hamby Road, Bend, Oregon 97701 or to such other addresses as either party may in writing hereinafter indi- cate. Lessee shall file such notices with public agencies as may be required to preserve tax exemption of the interest portion of the Rental Amounts. 19. NONAPPROPRIATION Notwithstanding any other provision of this Agreement, the parties expressly stipulate that all payments required of Lessee hereunder are subject to the appropriation of funds by Lessee's governing body on a fiscal year basis. Lessee has received a budget appropriation sufficient to make all payments scheduled during the ensuing fiscal year. In the event that, in any future fiscal year, Lessee's governing body does not appropriate funds for payments under this Agreement, Lessee shall notify Lessor promptly upon the adoption of a budget omitting such appropri- ation. Lessee shall thereupon pay to Lessor any funds which have been appropriated and unpaid for the then current fiscal.year, and shall peace- ably surrender the Equipment to Lessor in good condition. All fiscal obli- gations of Lessor shall thereupon be extinguished, and this Agreement shall terminate. Failure of Lessee's governing body to appropriate funds despite a good faith request by officers of Lessee for such appropriation shall not constitute a default under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this lease as of this First day of May '19 96 . LESSOR LESSEE U. S. Bank of Oregon Deschutes County 911 Service District LESSOR LESSEE BY BYTWL �I �I E x TITLE qgagihssioner 6Y � �J TITL Commissioner M 9458 5/94 PAGE 2 OF 6 EXHIBIT "A" DESCRIPTION OF PROPERTY Leases being refunded include one's for: LEASE NUMBER CRT radios-- backbone for radios installed with two workstations Basic Telephone system installed Sequoia Computer- Part of the Deschutes County Automated Regional Information Database system. IBM RISC 6000 computers new PC 309458 5194 PAGE 3OF6 EXHIBIT "B" PAYMENT SCHEDULE LEASE NUM13EIZ 01..Oa A. RENT The Rental Amount due under this Agreement which Lessee unconditionally promises to pay the Lessor, or its assigns, is dollars ($ ) together with the interest at the rate of % per annum on the unpaid balance, or the stipulated value, in the case of prepayment. B. ACCELERATED PAYMENTS Any of the above Rental Amounts may be accelerated at Lessee's option and have the interest thereon adjusted accordingly. The Agreement will be at the stipulated value, if applicable. C. OPTION TO PURCHASE Lessee shall have, and is hereby granted, an option to purchase the Equipment at the expiration of this Agreement for the nominal price of $ , provided further that Lessee's right to so purchase the Equipment shall be conditional upon a complete and full performance of Lessee's undertakings as provided in this Agreement and also conditional upon full payment by Lessee to Lessor of the entire Rental Amount including interest due on this Agreement. D. SCHEDULED RENTAL PAYMENTS Lessee agrees to, and shall pay the total Rental Amount in the following instalments, each due on or before the date shown: DATE PRINCIPAL INTEREST TOTAL STIPULATED VALUE BY $ plus BY / $ plus TITLE TITLE Commis Toner $ plus $ plus PLEASE SEE ATTACHED PAYMENT SCHEDULE $ plus $ plus $ plus $ plus $ plus $ plus $ plus $ plus APPROVED AND AGREED TO this �� day of �V 19 _, as a Schedule to that certain Agreement dated the First day of May 19 96 , by and between the parties hereto, and hereby made a part thereof. x LESSEE LESSEE De chutes Coun y 1-1 Service District BY BY / TITLE TITLE Commis Toner ommissioner 36-9458 5/94 PAGE 4 OF 6 01 tz~�fn -o Z 3 ' _ 11 O CD W -4 O Cn A W CD (D lor.-r II jj EF -0 I I 11 0 a1 3 o000000CD0CD QC 0* (D o �� 11 LOLbLbLbLb 0''N 7 n 7 O—CDO0-4 Ii OO0-4O II 0 11 II I I CD cn (� D tt i 00 \ r n 11 lH 4.9 d9 II rt cn � 'EA� II �NAC�n0)OODD((DDO-�N I I II n N(n Oo II 11 CnCDWO(DNA��l00 11 7 V II AOA-IONW —00 (D-! W 0(D W (D CON))) II C2� II 3 0)00 II AJO9)PO(D� N0) o II A N W Cn --4O W O (.n p It II 11 co O O ( � CTi O CD Cn W O 00 W CD it t)) O Cb co _L M N U lA 11 N I W II 1.94A lfl -69l!9 b969 l99 II 3 -, ���NNNW W II (D (D II �J O II A CD W -t — Cn CD W CA CA 7 .fit ca C) II 00 N Cn -1 -I CAA — -4 O �� ► A 11 ATI WO(DCD00Cn(D NZ,"W C)W WZ.M-� 11 W II O-000D-l00—l00 II II II II 11 -0 CD it %H EA Eft H9 69 lig EA 49 lfl lw 11 M 7 N II s II l< n O II CnAW W NNN� �O II II CD W WA 9) II AN W 9)NOO II ,7t it IICntQ jNN-IA -• � Co coo Cn CW 0 W -4 W M Cn tt 11 II V lfl lfl lfl lfl lgfl .69Cn 3 �3 III -L --L II CA Cil CA Cn m CA C" m cn O -co 11 CD �D II II 7 v.���� 0 0 0 0 0 0 0 0 0 0 0 0 I I jj Cn CNA CNn CNn m O cm Cn cn1.9 II it rA II �I jj R 3 lfl l,H .69-1.9 b9 -1.0.69" — N 11 �NACnO00CD0— II N OD II Cn(DW O(D O O II AOA-ICANWO II FACD-I W 0 W W WCDN II n 7 11 (D 0 �� OA�lOOODCD(D�Cn �� CC] 0 II OANWCn-IOWOCn 11 OD II O- MC)WOWOOW jj IICD � � fA lig II �� lH {fl lfl b9 lfi b9 lfl <'� N II �NAUl0M W C) 11 N OD II CnCoW0CDNAM-4W 11 C -p CD O 11 AOA -ION W -BOO II lig CO V W 0 CO W CD CO N CD tt CD 11 N N p) 11 OA�IO9)OD000D5n 9) W 11 dpi jj n 0) jj OAINGJCn-tOWOCTI OC N w p O�(nOWcn WC)MWM II �3 0 015A­ 2 7 PROPERTY ACCEPTANCE LEASE NUMBER The undersigned Lessee, under that certain Municipal Lease—Purchase Agreement dated May 1 19 96 with U. S. Bank of Oregon _ (Bank Name), as Lessor, hereby acknowledges receipt in good condition of all the Equipment described on Exhibit A to the Municipal Lease—Purchase Agreement, hereby accepts the Equipment and hereby certifies that the Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Municipal Lease—Purchase Agreement. Dated: 5/1 , 1996 XLESSEE LESSEE BY TITLE 36-9458 5/94 PAGE 5 OF 6 Form 8038-G (Rev. May 1995) Department of the Treasury Internal Revenue Service Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 ► See separate Instructions. (Note: Use Form 8038 -GC if the issue price is under $100,000.) r.�i DennrFinn AiAhnrifu If Amended Return. check here ► LJ 1 Issuer's name 2 Issuer's employer identification number Deschutes County 911 Service District 93- :6002292 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 2420 Hamby Road discount G19 - 5 City, town, or post office, state, and ZIP code 6 Date of issue Bend Oregon' 97701 5/1/96 7 Name of issue 8 CUSIP number Lease/Purchase U. S. Bank Proceeds allocated to reasonably required reserve or replacement fund 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 26 27 28 29 ,•'r j m 30 31 32 33 Type of Issue check applicable box es and enter the issue rice ❑ Education (attach schedule -see instructions) . . . . . . . 9 $ El Health and hospital (attach schedule—see instructions). . . . . . . . . . . . 10 ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ® Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 ❑ Environment (including sewage bonds) . . . . . . . . . . ... . . . . 13 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ❑ Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ❑ Other. Describe (see instructions) Do - If If obligations are tax or other revenue anticipation bonds, check box ► ❑ If oblioations are in the form of a lease or installment sale, check box ► IM Description of Obligations (a) (b) (c)Stated redemption Maturity date I Interest rate Issue price nrira at maturity Weighted Final maturity. I o f 11 "1 I" • `''io "j WWW . V V Entire issue ea VM Uses of Proceeds of Bond Issue(including underwriters' discount Proceeds used for accrued interest . . . . . .. . . . . . . . . . . . . . Issue price of entire issue (enter amount from line 20, column (c)) . . . . . . Proceeds used for bond issuance costs (including underwriters' discount) 23 Proceeds used for credit enhancement . . . . . . . . . 24 Proceeds allocated to reasonably required reserve or replacement fund 25 Proceeds used to currently refund prior issues . . . . . 26 128,066.68 Proceeds used to advance refund prior issues . . . . . . . . 27 Total (add lines 23 through 27) . Nonrefunding proceeds of the issue subtract line 28 from line 22 and enter amount here). EF Description of Refunded Bonds (Complete this part only for refunding bond Enter the remaining weighted average maturity, of the bonds to be currently refunded ► ' '''" ` years Enter the remaining weighted average maturity of the bonds to be advance refunded . . . years Enter the last date on which the refunded bonds willa le `" No.Enter the date(s) the refunded bonds were issued ► TM G9,92 INV Miscellaneous 34 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . 34 35 ,*.Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)O(III) (small issuer exception) 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a b Enter the final maturity date of the guaranteed investment contract . ► 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue IN - 38 38 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box► El39 If the issuer has identified.a hedge. check box . . . . . . . . . . . . No. ❑ Please Sign Here_ Under penalties of penury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they rue, correct, ands Barry H. Slaughter Acting Chair Signature of Issuer's lutIxtrized representati Date ' Type or print name and title For Paperwork Reduction Act Notice, see page 1 of the Instructions. Cat. No. 637735 Foran 8038-G (Rev. s-95) Printed on recycled pqw •u.s. (iovm� erent PrNttlrp olNce 1996— 387 08620109