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2013-1209-Resolution No. 2013-111 Recorded 10/30/2013REVIEWED LEGAL COUNSEL DESCHUTES NANCY BLANKENSHIP,FDS COUNTY CLERKQX013.1709 COMMISSIONERS' JOURNAL , MOVIZ013 14151133 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ACTING AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT A Resolution Initiating the Dissolution of the Bend Library County Service District RESOLUTION NO. 2013-111 WHEREAS, the Bend Library County Service District ("District") was formed in 1994 for the purpose of financing capital construction of library facilities in the City of Bend; and WHEREAS, the final payment of $869,535 for the District's general obligation bond is due by December 1, 2013; and WHEREAS, as of September 30, 2013, the District had approximately $26,712 in uncollected. taxes and interest charged by the District for tax years prior to the 2013-2014 tax year; and WHEREAS, as of July 1, 2013, the District will have levied taxes in the amount of' approximately $765,110 for the 2013-2014 tax year; and WHEREAS, pursuant to ORS 311.392, on October 30, 2013, Deschutes County advanced to the District "the total amount of taxes, assessments or other charges levied against property in the county" that included the 2013-2014 tax year and all prior years' uncollected taxes and, as a result, Deschutes County now has the right to retain for its general fund any future tax and interest payments that would have been paid to the District; and WHEREAS, with the funds advanced by Deschutes County, the District will submit the final payment on the District's bond on November 29, 2013; and WHEREAS, the only asset the District has remaining is approximately $25,000 in funds that the District received from Deschutes County for the advanced payment described above and that payment, made in accordance with the formula prescribed by statute, was in excess of the money required for the final payment on the District's bond; and WHEREAS, because ORS 198.930 allows the transfer of all assets of a dissolving district to a. district which has authority to and agrees to continue to furnish similar services to the inhabitants of the district, this dissolution plan includes transferring the above described approximately $25,000 to the Deschutes Public Library District ("DPLD") for capital expenditures for libraries in the City of Bend upon receipt of a resolution from the DPLD that it agrees to use the funds only for that designated purpose; and PAGE 1 OF 3- RESOLUTION No. 2013-111 WHEREAS, on October 14, 2013, the DPLD submitted to the County a resolution in which the DPLD agreed to accept the transfer of funds and restrict them to library capital improvements within the City of Bend; and WHEREAS, the District has no other outstanding bond, coupon or other indebtedness, interest in real property, uncollected taxes assessment or charges, personal property or any other assets; therefore, no other plan for dissolution is necessary; and WHEREAS, the estimated cost of the dissolution is less than $6,000 because the only costs incurred will be only Deschutes County Finance, Assessor and Legal departments staff time in preparing the dissolution resolutions and orders and to transfer the above described excess fluids to the DPLD; and WHEREAS, pursuant to ORS 198.940(4), the Board of County Commissioners ("Board") may declare a county service district dissolved when "the district is no longer necessary for the purpose for which it was formed WHEREAS, because the library building construction is completed, all bond debt service and payments will be completed as of November 29, 2013, the remaining approximately $25,000 will be transferred to the DPLD and the District has no other assets or indebtedness, the District is no longer necessary for the purpose for which it was formed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT, HEREBY RESOLVES as follows: Section 1. On or before December 2, 2013, the Deschutes County Finance Director or the Director's designee shall transfer the District's excess funds to the DPLD after the final District bond payment. PACE 2 of 3- RESOLUTION No. 2013-111 Section 2. The District recommends to the Board that the District should be dissolved as of December 2, 2013. Dated this 54� of OCh&I- , 2013 ATTEST: Recording Secretary PAGE 3 of 3- RESOLUTION No. 2013-111 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT all -14 -1 - ALAN UNGER, Chair TAMNWB EY, Vic hair ANTHONY DeBONE, Commissioner