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Home My WebLink AboutRes 114 - Finance Capital ProjectsDeschutes 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 July 9, 2008 Please see directions for completing this document on the next page. DATE: June 30, 2008 FROM: Marty Wynne Finance (541) 388-6559 TITLE OF AGENDA ITEM: Consideration and signature of Resolution #2008-114. A Resolution authorizing the Financing of Various Capital Construction and Improvement Projects in an amount not to exceed $15,300.000. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: Included in this bond issue are the following projects: (1) One building to house both the Oregon State Police and 911, to be constructed on the County -owned "Elliott Property," (2) A separate building to be constructed on the same property, for the State of Oregon, for the acutely mentally ill (referred to as the Telecare project), and (3) the reimbursement for the purchase of the "Jamison Building," which currently houses the Oregon State Police, which will eventually house Parole and Probation. FISCAL IMPLICATIONS: Bond debt service will paid from a variety of sources, including 911 and Sheriff property taxes and other revenue, and lease payments from the State of Oregon. The total bond issue is estimated to not exceed $15,300,000, with total annual debt service estimated to be approximately $1,233,000. RECOMMENDATION & ACTION REQUESTED: Approval and signature of Resolution #2008-114. ATTENDANCE: Marty Wynne DISTRIBUTION OF DOCUMENTS: Marty Wynne, Finance Department 388-6559 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing the Financing of Various Capital Construction and Improvement Projects in an amount not to exceed $15,300,000 * * RESOLUTION NO. 2008-1 14 WHEREAS, the County is authorized by Oregon Revised Statutes Section 271.390 to enter into loan agreements to finance real or personal property and to authorize certificates of participation in the right to receive the payments due from the County under those loan agreements; and, WHEREAS, the County is authorized by ORS 287A.105 to make these loan agreements "limited tax bonded indebtedness" which the County is unconditionally obligated to pay; and, WHEREAS, the Board hereby determines that the following projects are needed: (1) construction of a building that will house the regional office for the Oregon State Police and a new office/dispatch space for the 9-1-1 Emergency Dispatch Center; (2) the construction of a facility to serve as a State of Oregon Mental Health Division secure residential treatment facility; and (3) the purchase and remodeling of an office building to house the Parole and Probation Department (collectively, the "Projects"); and, WHEREAS, the Board hereby determines that it is desirable to obtain financing for such Projects in the aggregate principal amount of not more than $15,300,000 pursuant to ORS 271.390 and ORS 287A.105; and, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Authorization. The Finance Director, the County Administrator or the Finance Director's designee (the "County Official") is hereby authorized on behalf of the County and without further action by the Board, to: a. Finance one or all of the Projects under the authority of ORS 271.390 and ORS 287A.105, plus any amounts required to pay costs of the financing, in an aggregate principal amount of not more than Fifteen Million Three Hundred Thousand Dollars ($15,300,000); b. Negotiate, execute and deliver one or more loan agreements, credit facilities or other financing documents (the "Loan Agreements") for the financing of the Projects which obligates the County to repay the principal amounts of the Loan Agreements with interest; c. Negotiate, execute and deliver one or more escrow agreements or similar documents (the "Escrow Agreements") which provide for the issuance of one or more series of PAGE 1 OF 3 — RESOLUTION NO. 2008-114 (07/09/08) "certificates of participation" or "full faith and credit obligations" (the "Obligations") which represent ownership interests in the loan payments due from the County under the Loan Agreements. Subject to the limitations of this Resolution, the Escrow Agreements and each series of Obligations may be in such form and contain such terms as the County Official may approve; d. Determine whether the interest component of loan payments payable under a Loan Agreement will bear interest that is excludable from gross income under the Internal Revenue Code of 1986, as amended, or is includable in gross income under the Internal Revenue Code of 1986, as amended (the "Code"). If all or a portion of the interest component that is excludable from gross income under the Code, the County Official may enter into covenants to maintain the excludability of the interest component of loan payments payable under the related Loan Agreement from gross income; e. Deem final and authorize the distribution of a preliminary official statement for each series of Obligations, authorize the preparation and distribution of a final official statement or other disclosure document for each series of Obligations, and enter into agreements to provide continuing disclosure for owners of each series of Obligations; f. Engage the services of escrow agents or trustees and any other professionals whose services are desirable for the financing; g. Determine the final principal amount of each Loan Agreement, the interest rate or rates which each series of loan payments shall bear, the County's prepayment rights and other terms of each Loan Agreement and each series of Obligations; h. Solicit competitive bids for the purchase of each series of the Obligations and award their sale to the bidder offering the most favorable terms to the County, or select one or more underwriters, negotiate the terms of the sale of each series of Obligations. and sell that series to those underwriters; i. Undertake to provide continuing disclosure for each series of Obligations in accordance with Rule 15c2-12 of the United States Securities and Exchange Commission; j• Apply for and purchase municipal bond insurance or obtain other forms of credit enhancement for each series of Obligations, enter into agreements with the providers of credit enhancement, and execute and deliver related documents; k. Execute and deliver any other certificates or documents and take any other actions which the County Official determines are desirable to finance the Projects with the Loan Agreements and the Obligations in accordance with this Resolution. PAGE 2 OF 3 — RESOLUTION NO. 2008-1 14 (07/09/08) Section 2. Security. The Loan Agreements shall constitute "limited tax bonded indebtedness" as defined in ORS 287A.105 and the obligation of the County to make loan payments under the Loan Agreements is unconditional. The County Official may pledge the County's full faith and credit and taxing power within the limitations of Section 11 and 11 b of Article X1 of the Oregon Constitution, and any and all of the County's legally available funds, including the proceeds of the Loan Agreements, to make the payments due under the Loan Agreements. Section 3. Appointment of Bond Counsel and Financial Advisor. The law firm of Kirkpatrick & Lockhart Preston Gates Ellis LLP, is appointed as bond counsel to the County and Western Financial Group LLC, is appointed as financial advisor to the County with respect to the Obligations. DATED this day of July, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair Recording Secretary MICHAEL M. DALY, Commissioner PAGE 3 OF 3 — RESOLUTION NO. 2008-114 (07/09/08)