2022-190-Resolution No. 2022-028 Recorded 5/17/2022REV EWED
LEGAL COUNSEL
Recorded in Deschutes County C..12®22-19®
Steve Dennison, County Clerk
Commissioners' Journal 05/17/2022 1:04:13 PM
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Q 2022-190
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Delegating Authority to the
Chief Finance Officer or the County * RESOLUTION NO. 2022-028
Administrator of the County to Make
Future Reimbursement Declarations
WHEREAS, the United States Internal Revenue Code of 1986, as amended, and its
regulations require that issuers of tax-exempt obligations that wish to use the proceeds of tax-
exempt debt to reimburse itself for project costs paid prior to issuing such debt officially declare
its intention to reimburse such expenditures; and
WHEREAS, subject to certain exceptions, such declarations must be made no later than
60 days after the expenditures to be reimbursed are paid; and
WHEREAS, Section 1.150-2 of the Federal Income Tax Regulations permits issuers of
tax-exempt obligations to delegate the authority to make reimbursement declarations to a
representative of the issuer.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. The Chief Finance Officer and the County Administrator of the County are
each hereby authorized to make declarations of intent to reimburse under Section 1.150-2 of the
Federal Income Tax Regulations on behalf of the County and without further action by the Board of
Commissioners of the County. All such future declarations shall be in writing and the original or a
certified copy of each declaration shall be maintained in the public records of the County.
Section 2 Effective Date.
This Resolution shall take effect immediately upon its adoption.
Page I of 2 — Resolution No. 2022-28
3156207.2 045008 TAGMT
DATED this 1 Ith day of May, 2022.
ATTEST:
Recording SVuetary
Record of Adoption Vote
Commissioner Yes
Patti Adair
Anthony DeBone
Phil Chang
Page 2 of 2 — Resolution No. 2022-28
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
9 A-ka-A-1O
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, CONWISSIONER
No Abstained Excused
3156207.2 045008 TAGMT
MEETING DATE: May 11, 2022
SUBJECT: Consideration of Board Signature of Resolution No. 2022-028, Capital Project
Reimbursement Declarations
RECOMMENDED MOTION:
Move approval of Resolution 2022-28.
BACKGROUND AND POLICY IMPLICATIONS:
Given that the County is contemplating a number of capital projects over the next several years,
the funding of such projects may entail the issuance of tax-exempt debt. Part of the process in
considering certain capital projects and how they will be financed is to hire professionals to
prepare designs and estimates on the projected costs of such projects. IRS code only allows an
issuer of tax-exempt debt to use bond proceeds to pay for costs incurred after the date of the
bonds unless the issuer has formally declared its intention to issue debt and reimburse itself for
expenditures made up to 60 days prior to the declaration.
A strategy to maximize the project costs that can be paid far with bond proceeds is to issue a
formal declaration as early in a project's life as possible in order to recoup any funds spent prior
to the issuance of bonds. This declaration does not obligate the County to issue debt, it only
allows the County to reimburse itself for project expenditures made prior to the issuance of debt
if debt is determined to be the method of finance for the project.
The attached resolution 2022-028 delegates the authority to make such declarations to the Chief
Financial Officer and the County Administrator.
BUDGET IMPACTS:
Approval of the resolution allows all costs spent on a project to be otherwise eligible for debt
financing.
ATTENDANCE:
Wayne Lowry, Interim Chief Financial Officer