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2005-1358-Order No. 2005-138 Recorded 11/29/2005REVIE ED -A,4 LEGAL COUNSEL COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKS COMMISSIONERS' JOURNAL 1112912005 04:48:05 PM I2 05-1358 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order approving the issuance, sale, execution and delivery of Hospital Revenue Bonds (Cascade Healthcare Community, Inc.), Series 2005 in an aggregate principal amount not exceeding $128,000,000 issued by The Hospital Facility Authority of Deschutes County, Oregon. * * ORDER NO. 2005-138 * * * * WHEREAS, it is appearing before the Board of County Commissioners of Deschutes County, Oregon (the "Board") that The Hospital Facility Authority of Deschutes County, Oregon (the "Authority") has received a request from Cascade Healthcare Community, Inc., a nonprofit corporation duly organized and validly existing under the laws of the State of Oregon (the "Borrower") to issue its Hospital Revenue Bonds (Cascade Healthcare Community, Inc.), Series 2005 (the "2005 Bonds") in an aggregate principal amount not exceeding $128,000,000 to finance costs of the following project (the "Project"): (i) refund all or a portion of the Authority's Hospital Revenue Bonds, Series 2002 (Cascade Health Services, Inc.) (the "Series 2002 Bonds"); (ii) construct, furnish and equip a surgical hospital on the existing campus of the St. Charles Medical Center located in Redmond, Oregon; (iii) construct, furnish and equip a rehabilitation institute which will include a 30-bed inpatient rehabilitation unit, outpatient therapy and treatment areas, and physician office space at St. Charles Medical Center in Bend, Oregon; (iv) expand, remodel, furnish and equip the family birthing unit at St. Charles Medical Center in Bend, Oregon; (v) acquire and install equipment and finance other health care related renovations and capital expenditures incurred at the Borrower's facilities located in the City of Bend, Oregon and the City of Redmond, Oregon; and (vi) pay certain costs of issuance of the Bonds, and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, (the "Code") requires that qualified 501(c)(3) bonds be approved (1) by the applicable elected representatives of the governmental unit having jurisdiction over the area in which the Project is located; and (2) by the applicable elected representatives of the governmental unit issuing such obligations. The Board of PAGE 1 OF 2 - ORDER No. 2005-138 - @ (11/28/05) DOCSPOI:57877.3 r)OCUMENT POOR QUALITY 42957-3 SCG/SCG F, n RECORDING Directors of the Authority are not elected representatives. The Board of County Commissioners of Deschutes County are the applicable elected representatives for the Authority, and WHEREAS, on November 21, 2005, the Authority conducted a public hearing and adopted a Bond Resolution authorizing the execution, sale and delivery of the 2005 Bonds. A copy of the Public Hearing Report is attached hereto as Exhibit A (the "Public Hearing Report"), and WHEREAS, notice of the public hearing held by the Authority was published November 7, 2005 in The Bend Bulletin. An affidavit of publication of the Notice is attached hereto as Exhibit B. The public hearing is intended to provide a reasonable opportunity for members of the public to be heard by the Authority regarding the Project, and WHEREAS, the Board finds that it would be in the best interest of Deschutes County to approve of the execution, sale and delivery of the 2005 Bonds pursuant to the requirements of Section 147(0 of the Code, and the Board being fully advised; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON HEREBY ORDERS as follows: Section 1. The Board has reviewed the Affidavit of Publication and finds that such publication was reasonable public notice of such hearing and the Board has reviewed the Public Hearing Report and finds that no written comments were received and no members of the public appeared at the public hearing to express their views on the proposed Project. Section 2. The Board, as the applicable elected representatives of the governmental unit on behalf of which the 2005 Bonds will be issued, sold, executed and delivered, and as the applicable elected representatives of the governmental unit in which the Project financed with the 2005 Bonds is located, does approve of the issuance, sale, execution and delivery of the 2005 Bonds by The Hospital Facility Authority of Deschutes County, Oregon. DATED this 28th day of November, 2005. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON MICHAEL M. D Vice-Chair NNIS R. LUKE, Commissioner ATTEST: o~ Recording Secretary PAGE 2 OF 2 - ORDER No. 2005-138 - @ (11/28/05) DOCSPOI :57877.3 42957-3 SCG/SCG EXHIBIT A REPORT TO THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON EXHIBIT A DOCSPOI :57877.3 42957-3 SCG/SCG EXHIBIT A REPORT TO THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON RE: Public Hearing Regarding The Hospital Facility Authority of Deschutes County, Oregon Hospital Revenue Bonds (Cascade Healthcare Community, Inc.), Series 2005 On November 21, 2005, the Board of Directors of The Hospital Facility Authority of Deschutes County, Oregon (the "Authority') held a public hearing at St. Charles Medical Center - Bend, Center for Health & Learning Conference Room D, 2500 N.E. Neff Road, Bend, Oregon 97701 pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986. The Chairman conducted such hearing for and on behalf of the Authority. Notice of the public hearing was published November 7 in The Bend Bulletin. The purpose of the public hearing was to receive oral or written comments from the public regarding the proposed issuance, sale, execution and delivery of Hospital Revenue Bonds (Cascade Healthcare Community, Inc.), Series 2005, in an aggregate principal amount not to exceed $128,000,000 (the "2005 Bonds'). At 7:35 a.m. the 1~- 6;y, convened the public hearing and requested any oral or written comments. The following individuals were present: Authority Members, Tom Schnell, John Bosch, Arthur Johnson, Mike Daly, ?Tom Safley, Senior Vice President, Finance, Cascade Healthcare Community, Inc., Ron Bryant, Counsel to Cascade, Marty Wynne, Deschutes County Treasurer, Matthew Swafford, Morgan Stanley & Co. Incorporated (via telephone), and Douglas E. Goe, Esq. from Orrick, Herrington & Sutcliffe LLP, bond counsel and special counsel to the Authority. No comments, written or oral, were submitted to the Authority other than comments of representatives of Cascade Healthcare Community, Inc. and Morgan Stanley & Co. Incorporated who made presentations in support of the 2005 Bonds. At approximately 7- a.m. the public hearing was adjourned. Respectfully submitted, THE HOSPITAL FACILITY AUTHORITY OF DESCHUTES COUNTY, OREGON By: Authorized Repr entative DATED: November 21, 2005. EXHIBIT A DOCSPNW 1:57877.2 42906-8 SCG EXHIBIT B AFFIDAVIT OF PUBLICATION EXHIBIT B DOCSP01:57877.3 42957-3 SCG/SCG 11/17/2005 12:32 FAX 541 388 7723 SCMC Administration Affidavit of Publication STATE OF OREGON, COUNTY OF DESCHUTES 0 002 No. 1, LAURIE MORIN, a citizen of the Untied states and a resident of the county aforesaid; l am over the age of eighteen years, and not party to or interested in the above-entitled matter. i am the principal clerk of the printer of In the Cc urt of the STATE OF OREGON Q The Bulletin a daily newspaper of general circulation, published In the aforesaid county and state as defined by ORS 193.010 and ORS 193.020. that ORRIM HERRINGTON & SUTCLIFFE, CASCADE HEALTHCARE COMMUNITY, NOTICE OF PUBLIC HEARING a printed copy of which is hereto affixed was published In each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to wit: 11/07/2005 I certify (or declare) under perialty of perjury that the foregoing Is true and correct. Dated at Bend, Oregon, this 1 i day of NOVEMBER, 2005 for the COUNTY OF DESCHUTES AFFIDAVIT OF PUBLICATION (Copy of notice to be pasted here) Filed Cork By From the Office of Of f ICVL SEAL NOTAKRAVSPEUBL"REGON COMMISSION NO, 391633 Attorney for (MLYIPOMMISSION*[.'(PIRESAPFtIL11.2W9 11/17/2005 12:32 FAX 541 388 7723 SCNC Administration Q003 .ti 'f~1lSQf C~7ltlB1.IGHEAffING . St, lbarles me".tmtdr -Ceideefa>rNeeMe.faarnMg Corrfdiir,ce Room D'.. ' .0aod: Oreporr 97741 !NOTICE as wtBrGrah #W& Pubk Heerfb0 40A a held by 7be.+l0epUW.F0CWty,AUd10 ly6f De5dwtMCbwdy,C (the 7seue~ on G ,dmy 'November2I, 2005, &73(m St ..halo Ain" Center - Mmd, COW ftirHbaft i l:aeming Con wom WcKD; 26U0.H.E NBR )f> ia>rOf~ a g7.j01. 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A ittan cartm" nm*5idiliteted at the pubic heerkt urn aced to trA ISSiier,-,atthsidarma iddkatld above Thts rioffce,tspiablhtnd.pxsuirRmthb•pybk appmve ' rdquv&0& n.o4'Secllbn 147(Q.ofthanatft Rerenas Cade of 1994 pe irrieneed add the Ae uftdRw*iW riflhg ($uE I THEHOWIMFAGIM 1URfORI(Y'DF • BESCFN31E5 COli1Q1i; AREGON PfdaNshed:: Nevember7120M (PkiMWW irvThe Bend B01Wn 14 days War to the mE atln0 Document Reproduces Poorly (Archived) Background Information: On November 21, 2005, The Hospital Facility Authority of Deschutes County, Oregon (the "Authority") approved a final bond resolution authorizing the issuance of its Hospital Revenue Bonds, Series 2005 (Cascade Healthcare Community, Inc.) (the "2005 Bonds") on behalf of Cascade Healthcare Community, Inc. ("CHC") and conduct a public hearing regarding the issuance of the 2005 Bonds. The 2005 Bonds are being issued to refund a portion of the Authority's Hospital Revenue Bonds, Series 2002 (Cascade Health Services, Inc. Project) and to finance certain capital construction and equipment at CHC's existing campuses located at St. Charles Medical Center - Bend and St. Charles Medical Center - Redmond. For the 2005 Bonds to qualify as tax-exempt, Section 147(f) of the Internal Revenue Code requires that 501(c)(3) bonds be approved by the governmental unit having jurisdiction over the area in which any portion of a project is located. Therefore, CHC is seeking approval by the Board of County Commissioners of Deschutes County, Oregon as the applicable elected representatives of the governmental unit having jurisdiction over the area in which the Project is located. The transaction is currently scheduled to close on December 21, 2005. Budget Implications: There is no financial impact on Deschutes County. The 2005 Bonds will not constitute a debt of Deschutes County nor be payable from a tax of any nature levied upon any property within Deschutes County. The 2005 Bonds will be payable solely from revenues and resources provided by CHC. Policy Implications: Issuance of the 2005 Bonds by the Authority will result in significant cost savings to CHC and will benefit the residents of Deschutes County. Deschutes County has been asked to approve these bonds because CHC will be improving facilities and equipment at two existing locations within Deschutes County - St. Charles Medical Center - Bend and St. Charles Medical Center - Redmond. 4- DOCSP01:57909.1 42957-3 ONVOM