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29-340-Order Recorded 11/22/1978VOL 29 pw 343 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES In the matter of the issuance ) of pollution control bonds ) ORDER AUTHORIZING THE for North Pacific Products, ) ISSUANCE OF BONDS Inc. ) A Memorandum of Agreement having been executed by Deschutes County and North Pacific Products, Inc.; and, Proposed forms of a Trust Indenture between the County and First National Bank of Oregon as Trustee, a Lease between the County and North Pacific Products, Inc. and the Trustee, a Guaranty between North Pacific Products, Inc. and the Trustee, and Bond Purchase Agreements between the County and the Investment Department of First National Bank of Oregon and William H. Bauman as purchasers, having been submitted to the County; and, First National Bank of Oregon having indicated its willingness to purchase the proposed bonds under the terms indicated in the Indenture of Trust, Lease, Guaranty and Bond Purchase Agreement; and, The Department of Environmental Quality having certified that the hogged fuel boiler to be financed with bond proceeds is capable of being used in furtherance of the purpose of abating, controlling or preventing, altering, disposing or storing solid waste; and, North Pacific Products, Inc. having convenanted to use the hogged fuel boiler as a solid waste utilization facility in compliance with Department of Environmental Quality standards; and The Board of Commissioners now finding that the loan of funds to North Pacific Products, Inc. for the hogged fuel boiler is in furtherance of the laws contained in Oregon Revised Statutes, Chapter 468, authorizing the Board of Commissioners to issue revenue bonds to finance pollution control facilities; now, therefore, IT IS HEREBY ORDERED by the Board of County Commissioners of Deschutes County, Oregon: Section 1. In order to provide funds to finance the installation, equipping and furnishing of a solid waste disposal facility to be operated by North Pacific Products, Inc., Deschutes County shall issue $250,000 of pollution control bonds. The bonds shall be designated Deschutes County, Oregon, Pollution Control Bonds, Series 1978 (North Pacific Products, Inc. Project), shall be dated November 1, 1978, and shall mature on November first in the following years and amounts: Year Amount 1979 $20,000 1980 20,000 1981 20,000 1982 20,000 1983 25,000 1984 25,000 1985 25,000 1986 30,000 1987 30,000 1988 35,000 Page 2. in T"' 29 342 The bonds shall be redeemable at any time under certain con- ditions specified in the Indenture of Trust, and shall be otherwise subject to the terms contained in the Indenture of Trust. The Bonds shall not be general obligation bonds of the County, but shall be payable solely from certain revenues to be paid by North Pacific Products, Inc. under the condi- tions provided in the Indenture of Trust, Lease and Guaranty. Section 2. The forms of the Indenture of Trust, Lease, Guaranty and Bond Purchase Agreement submitted to the County are hereby approved. Section 3. The Chairman of the Board of County Com- missioners of Deschutes County and the County Clerk are hereby authorized to execute the bonds on behalf of the County. When bond counsel has indicated that all is in readiness for closing, the Chairman, any member of the Board of County Commissioners, or the County Clerk is authorized to request First National Bank of Oregon, as Trustee, to authenticate the bonds. Section 4. The Chairman of the Board of County Commis- sioners of Deschutes county, any Commissioner, or the County Clerk of Deschutes county is hereby authorized to execute the Indenture of Trust, the Lease, the Bond Purchase Agree- ment, the certificate relating to arbitrage, the bill of sale to be released to the company when the bonds are retired, and any other document which may be reasonably required to Page 3. v0L 29 PACE 343 issue, sell and deliver the Series 1978 Bonds. DATED this Z7- day of November, 1978. DESCHUTES COUNTY BOARD OF COMMISSIONERS: Commissioner Page 4.