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2017-891-Order No. 2017-053 Recorded 12/21/2017 Recorded in Deschutes County r. JEW D Nancy Blankenship, County Clerk CJ2017-891 Commissioners'Journal 12/21/2017 11:08:52 AM LE AC-COUNSEL of ' � "v .'Gni !LIJLIIUIHI1 iIII 11111 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order in the Matter of Approving the Issuance of Revenue Bonds by the Central Oregon Regional Housing Authority, dba * ORDER NO. 2017-053 Housing Works, and Approving the Projects to be Financed with such Bonds in Deschutes County in a Principal Amount Not to Exceed $9,000,000. WHEREAS, the Board of County Commissioners of Deschutes County, Oregon (the "Commissioners") has received a request from the Central Oregon Regional Housing Authority, dba Housing Works (the "Authority"), to approve of the issuance by the Authority of tax-exempt revenue bonds (the"Bonds"),the proceeds of which, in an aggregate principal amount not to exceed $9,000,000, will be used to finance certain Projects (as defined below) located in Deschutes County, Oregon (the "County"); and WHEREAS, the proceeds of the Bonds will be used to finance or reimburse the costs of, acquiring, constructing and equipping two residential apartment developments as follows: (i) a 48-unit multi-family apartment project to be known as the Village Meadows Apartments, located at Lot 31 NW Corner of Brooks Camp Road and West McKinney Butte Road and Lot 32 parcel east of the intersection of Brooks Camp Road and Hill Avenue, located in Sisters, Oregon, and (ii) a 42-unit multi-family apartment project to be known as the La Pine Townhomes Project, located at SE corner of LDL and Memorial Lane intersection, located in La Pine, Oregon (collectively the "Projects"); and WHEREAS, the Projects financed by the proceeds of the Bonds will be owned by Village Meadows Housing LLC, an Oregon limited liability company of which the Authority is the managing member, and will be operated or managed by Epic Property Management, LLC, an Oregon limited liability company of which the Authority is the sole member; and Page 1 of 3 - ORDER NO. 2017-053 WHEREAS, the Commissioners have been advised that under provisions of ORS Chp. 456 and other applicable provisions of law the principal of and interest on the Bonds will not constitute a debt or obligation of Deschutes County,nor will the Bonds be payable from a tax of any nature levied upon any property within Deschutes County nor any other municipality or political subdivision of the State of Oregon. By approving the Projects and the issuance of the Bonds, the Commissioners and Deschutes County are not incurring and will not incur any liability for the repayment of the Bonds. The Bonds will be payable only from the revenues and resources provided by the Authority; and WHEREAS, on December 20, 2017, the Authority conducted a public hearing, adequate notice of this hearing having been published pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), to provide a reasonable opportunity for members of the public to express their views regarding the issuance of the Bonds and the use and purpose of the proceeds of the Bonds; and WHEREAS, a copy of the Public Hearing Report to the Commissioners, completed by the Authority at the time of the public hearing, has been submitted to the Commissioners; and WHEREAS, Section 147(f) of the Code requires that the Bonds be approved by the applicable elected representatives of(i) the governmental unit issuing such Bonds, and (ii) the governmental unit having jurisdiction over the area in which the Projects are located; and WHEREAS, the Commissioners, as the applicable elected representatives of the governmental unit having jurisdiction over the Authority (through its power to appoint certain members of the Board of Commissioners of the Authority)and jurisdiction over the area in which the Projects are located,finds that it is in the best interest of the County to approve of the issuance of the Bonds by the Authority for the purpose of financing the Project pursuant to the requirements of Section 147(f) of the Code; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, hereby ORDERS as follows: Section 1. As the applicable elected representatives of the governmental unit having jurisdiction over the Authority and over the area in which the Projects are located,and having concluded that a public hearing was validly held to provide a reasonable opportunity for members of the public to express their views regarding the issuance of the Bonds and the uses and purposes of the proceeds of the Bonds, the Commissioners approve of the Projects and the issuance of the Bonds by the Authority. Section 2. By approving the Projects and the issuance of the Bonds, Deschutes County and the Commissioners are not incurring and will not incur any liability for the repayment of the Bonds. Page 2 of 3 - ORDER NO. 2017-053 Section 3. This Order is effective upon signing. Dated this 20th day of December, 2017. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Llibith(7Z TAMMY BANEY, Chair ANTHONY DEBONE, Vice-Chair ATTE/ • ecor•ing Secret. y .41 PHILIP / ENDERSON, Commissioner Page 3 of 3 - ORDER NO. 2017-053 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570- Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of December 20, 2017 (Joint Meeting with SRSD) DATE: December 11, 2017 FROM: Dave Doyle Legal Counsel 388-6625 TITLE OF AGENDA ITEM: Board approval and signature of Order No. 2017-053 Approving the Issuance of Revenue Bonds by the Central Oregon Regional Housing Authority,dba Housing Works. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Housing Works wants to secure bond revenue to finance the costs of acquiring, constructing and equipping two residential apartment developments as follows: (i)a 48-unit multi-family apartment project to be known as the Village Meadows Apartments,located at Lot 31 NW Corner of Brooks Camp Road and West McKinney Butte Road and Lot 32 parcel east of the intersection of Brooks Camp Road and Hill Avenue,located in Sisters,Oregon, and(ii)a 42-unit multi-family apartment project to be known as the La Pine Townhomes Project, located at SE corner of LDL and Memorial Lane intersection,located in La Pine,Oregon(collectively the"Projects"), owned by Village Meadows Housing LLC,whose sole member is the Authority. The total amount of Bonds to be issued to finance the Projects will not exceed$9,000,000. The bond transaction will be handled by the Orrick law firm in Portland. IRC 147(f)mandates that the Housing Authority conduct a noticed public hearing. That hearing will take place at 8:00am, on December 20th. Thereafter,the Housing Authority will forward the hearing report to the Board of County Commissioners. The County Commissioners may then consider Order No. 2017-053. This process is consist with the requirements of ORS Chp. 456 which expressly provide that"the bonds . . of an authority shall not be a debt of the . . county. . . nor, in any event, shall such bonds . .be payable out of any funds or properties other than those of the authority." FISCAL IMPLICATIONS: None to Deschutes County. RECOMMENDATION&ACTION REQUESTED: Board approval of Order No. 2017-053. ATTENDANCE: Tom Anderson, Admin Dave Doyle, Legal Counsel DISTRIBUTION OF DOCUMENTS: BOCC Legal Housing Works