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<br />Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that qualified 501(c)(3) <br />bonds be approved by the applicable elected representatives of (1) the governmental unit issuing such <br />bonds (The Hospital Facilities Authority of the City of Medford, Oregon) and (2) the governmental unit <br />having jurisdiction over the area in which the project is located (the City of Eugene, Oregon). <br /> <br />The principal and interest on the bonds will not constitute a debt of the City of Eugene, Oregon, the City <br />of Medford, Oregon or the Authority, nor shall the bonds be payable from a tax of any nature levied <br />upon any property within the City of Eugene nor any other political subdivision of the State of Oregon. <br />The bonds will be payable only from the revenues and resources of Cascade Manor pledged to the <br />payment of the bonds and any credit enhancement arranged for by Cascade Manor. The proposed <br />tentative sale date for this financing is June 26, 2006, with a proposed financial closing on July 12, 2006. <br /> <br />On Monday, May 15, a public hearing was held in Eugene pursuant to the provisions Section 147(f) of <br />the Internal Revenue Code of 1986, as amended, for the purpose of hearing public comments on the <br />request by Pacific Retirement Services and its affiliate, Cascade Manor, Inc. to The Hospital Facilities <br />Authority of the City of Medford, Oregon with respect to the authorization, execution, sale and delivery <br />of the bonds, in one or more series, in an aggregate principal amount not exceeding $20 million. No <br />testimony was received at the hearing. A report on the hearing is included as Attachment A. The report <br />also includes the text of the notice of public hearing that was published in the Register-Guard <br />newspaper. <br /> <br />The resolution authorizing this financing does two things. First, it fulfils the IRS requirement for <br />approval of tax-exempt financing from the jurisdiction over the area in which the bonds are being <br />issued. Second, it fulfils the ORS provision for intergovernmental cooperation in the issuance of the <br />bonds. If the council approves the resolution, the City and the Authority will enter into an <br />Intergovernmental Agreement pursuant to ORS 190.010 and ORS 441.550, 441.555 and 441.575 that <br />will set forth the parties respective roles in any transaction and when the City agrees that the Authority <br />will be the issuer of the bonds. The proposed form of the Intergovernmental Agreement is included as <br />Attachment C. <br /> <br /> <br />RELATED CITY POLICIES <br />There are no City policies related to this item. <br /> <br /> <br />COUNCIL OPTIONS <br />The council can approve or not approve this bond financing. If the council does not approve the <br />financing, Cascade Manor will not be able to proceed with issuance of the bonds and will not be able to <br />take advantage of the cost savings from issuing tax-exempt bonds. The estimated savings to Cascade <br />Manor from issuing tax-exempt bonds is $360,000 per year, or $5.4 million over 20 years. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br /> <br />The City Manager recommends approval of this motion. <br /> <br />L:\CMO\2006 Council Agendas\M060522\S0605222E.doc <br /> <br />