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1988-25073-Resolution No. 88-073 Recorded 10/25/198888- 25073 c'r� BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, UXEUUN A Resolution Adopting the Preliminary Official Statement* Relating to Deschutes County's* Issuance of Certificates of * Participation in the Principal* Amount of $1,500,000.00, dated* as of November 1, 1988. RESOLUTION NO. 88 -073 0094 0004 WHEREAS, the Board of County Commissioners authorized the issuance of Certificates of Participation in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000.00), dated as of November 1, 1988; and WHEREAS, a preliminary Official Statement was prepared for this issue by Seattle Northwest Securities Corporation, the County's financial consultant; and WHEREAS, the preliminary Official Statement was available prior to the offer for sale of the Certificates of Participation; and WHEREAS, the Board of County Commissioners has reviewed the preliminary Official Statement and finds that, to the knowledge and belief of the Board of County Commissioners, as of the date of the preliminary Official Statement, the preliminary Official Statement did not contain any untrue statement of material fact, omit to state a material fact in light of the circumstances under which the statements were made, contain any misleading state- ments, and that the preliminary Official Statement is representa- tive of the financial condition of the County and the Issue; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the preliminary Official Statement, marked Exhibit "A ", attached hereto and by this reference incorporated herein, is adopted as the County's preliminary Official Statement relating to the Certificates of Participation, to be issued by Deschutes County, Oregon, dated as of November 1, 1988. 1 - RESOLUTION NO. 88 -073 0094 0005 DATED this 0t day of D /jOk2 , 1988. ATTEST: (&ei424L.)(9/ Recording Secretary 2 - RESOLUTION NO. 88 -073 BOARD OF COUNTY COMMISSIONERS OF ' SCHUT S COUNTY •REGON LOIS TOW PRANTE, Commissioner TOM THROOP, Commissioner DICK MAUDLIN, Chairman Exhibit A 0094 0006 PRELIMINARY OFFICIAL STATEMENT DATED OCTOBER 25, 1988 NEW ISSUE . In the opinion of Securities Counsel, interest on the Series 1988 Certificates is subject, under existing law and regulations, to g E federal income, estate and gift taxes. Interest on the Series 1988 Certificates, less any interest expense incurred to carry the certificates, may be subtracted from federal taxable income in determining Oregon taxable income. See "Tax Status" prouided a".� herein. ca L C $1,500,000 0.1 le. CERTIFICATES OF PARTICIPATION, SERIES 1988 o (Federally Taxable) 42 E Evidencing Undivided Proportionate Interests of - the Owners thereof in Installment Payments by in Z'W DESCHUTES COUNTY, OREGON 118.° O C co DATED: November 1, 1988 DUE: November 1, as shown below y = The Certificates of Participation offered hereby evidence undivided proportionate interests in the .2 -8 Installment Payments to be made by Deschutes County under an Installment Purchase and Trust co Agreement between the County and Security Pacific Bank Oregon, as Trustee. The Certificates will 0 o be executed and delivered by the Trustee. cov Interest due with respect to the Certificates will be payable semiannually on May 1 and November 1, -6 m commencing May 1, 1989, by check or draft of the Trustee, mailed to the Registered Owner as of the a m. record date at the address shown on the registration books. The Certificates will be issued in fully $ g registered form without coupons in denominations of $5,000 each or any integral multiple thereof. 3 Principal is payable at the principal corporate trust office of Security Pacific Bank Oregon, in 72 i• Portland, Oregon. The Certificates are subject to prepayment or redemption prior to their stated 5. maturities as described hereinafter. 15 o 2 The principal of and interest on the Certificates are secured by a lien on and pledge of the Transient Room Tax, levied by the County pursuant to Deschutes County Code 4.08.030. The Transient Room la v Tax is a maximum seven percent room tax on all occupied transient hotel and motel rooms Iocated in cc co o the County. The County may also utilize, to the extent necessary, general fund monies available. The m m obligation of the County to utilize general fund monies is subject to annual appropriation. FG { The Certificates are not secured by the unlimited taxing power of the County, and are not a general 1 8 obligation of the county. Neither the Certificates nor the obligation of the County to make Installment oo Payments constitutes an indebtedness of the County, the State of Oregon or any political subdivision thereof. See "SECURITY AND SOURCES OF PAYMENT FOR THE CERTIFICATES - t E OBLIGATION OF THE COUNTY? 8� m $1,500,000 Certificates $150,000* % Term Bonds due November 1, 1993 @ % . . $390,000* %Term Bonds due November 1, 2000 @ % m i $960,000* % Term Bonds due November 1, 2008 @ % E" 2. (Plus accrued interest from November 1, 1988) Nza 71- R The Certificates are offered when, as and if issued and accepted by the Underwriter, subject to an =•a approving legal opinion of Lindsay, Hart, Neil & Weigler, Portland, Oregon, Securities Counsel, and o 8 certain other conditions. It is expected that the Certificates will be available for delivery in Portland, e "o Oregon or at the facilities of The Depository Trust Company in New York, New York on or about h November . 1988. Ea ate` E *Preliminary, subject to change r Dated: 1- Seattle- Northwest Securities Corporation 0094 0007 DESCHUTES COUNTY, OREGON 1164 NW Bond Bend, Oregon 97701 Board of County Commissioners Dick Maudlin Lois Bristow Prante Tom Throop Mike Dugan Darrell Davidson Oscar B. Bratton Helen M. Rastovich Mary Sue Penhollow Dave Hoerning Michael Maier Richard L. Isham Chairman Commissioner Commissioner Elected Officials District Attorney Sheriff Assessor Treasurer /Tax Collector County Clerk Surveyor Appointed Officials Administrative Services Director Legal Counsel Securities Counsel Lindsay, Hart, Neil & Weigler 222 SW Columbia, Suite 1800 Portland, Oregon 97201 Trustee Security Pacific Bank Oregon 1001 SW Fifth Avenue Portland, Oregon 97204 i 0094 0008 Certain of the information contained herein has been obtained from the County and other sources which are believed to be reliable. Such information is not guaranteed as to accuracy or completeness, and is not to be construed as a representation, by the Underwriter. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the County since the date hereof. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Certificates in any jurisdiction in which it is unlawful for any person to make such an offer, solicitation or sale. No dealer, broker, salesman or other person has been authorized to give any information or to make any representations other than as contained in this Official Statement. If given or made, such other information or representations must not be relied upon as having been authorized by the County or the Underwriter. In connection with this offering, the Underwriter may overallot or effect transactions which stabilize or maintain the market price of the Certificates at a level about that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. TABLE OF CONTENTS Page Introduction 1 Authorization for Issuance 1 The Certificates 2 Sources and Uses of Funds 4 Installment Payments 4 Security and Sources of Payment for the Certificates 4 The Project 5 Summary of Certain Provisions of the Installment Purchase and Trust Agreement 6 The County 9 Transient Room Tax Administration 10 Property Tax Administration 11 Tax Collection Record 14 County Indebtedness 14 Debt Payment Record 15 Financial Information 16 Debt Information 16 Bonded Debt Ratios 16 Summary of Overlapping Debt 17 Representative Levy Rates 17 Outstanding Obligations 18 Forecast of Cash Flow 19 County Financial Factors 20 General Fund - Balance Sheet 22 General Fund - Combined Statement of Revenues, Expenditures and Changes in Fund Balance 23 General Fund - Budget of Revenues and Expenditures 24 Transient Room Tax Fund - Balance Sheet 25 Transient Room Tax Fund - Combined Statement of Revenues, Expenditures and Changes in Fund Balance 26 Transient Room Tax Fund - Budget of Revenues & Expenditures 27 General and Economic Information 28 Litigation 32 Approval of Counsel 32 Tax Status 32 Underwriting 32 Appendix A - Form of Opinion of Securities Counsel ii 0094 0009 OFFICIAL STATEMENT $1,500,000 CERTIFICATES OF PARTICIPATION, SERIES 1988 (Federally Taxable) Evidencing Undivided Proportionate Interests in Installment Payments by DESCHUTES COUNTY, OREGON Pursuant to an Installment Purchase and Trust Agreement with Security Pacific Bank Oregon INTRODUCTION The purpose of this Official Statement, which includes the cover page and appendices hereto, is to provide certain information with respect to the sale and delivery of Certificates of Participation, Series 1988 (the "Certificates "), in the aggregate principal amount of $1,500,000, evidencing undivided proportionate interests of registered owners (the "Registered Owners ") thereof in payments (the "Installment Payments ") to be made by Deschutes County (the "County "), a municipal corporation, in connection with the Visitor's Welcome Center (the "Project ") pursuant to an Installment Purchase and Trust Agreement dated , 1988 (the "Agreement ") by and between Deschutes County, as lessee and Security Pacific Bank Oregon, Trustee (the "Trustee "), as lessor. The principal of and interest on the Certificates are secured by a lien on and pledge of the Transient Room Tax, levied by the County pursuant to Deschutes County Code 4.08.030. The Transient Room Tax is a maximum seven per cent room tax on all occupied transient hotel and motel rooms located in the County. The County may also utilize, to the extent necessary, general fund monies available. The obligation of the County to utilize general fund monies is subject to annual appropriation. The Certificates are not secured by the unlimited taxing power of the County, and are not a general obligation of the County. Neither the Certificates nor the obligation of the County to make Installment Payments constitutes an indebtedness of the County, the State of Oregon or any political subdivision thereof. Capitalized words and phrases used in this Official Statement have the meanings as defined in the Agreement. Brief descriptions and summaries of, and information relating to, the Certificates, the County, and the Agreement are hereinafter included in this Official Statement, including the Appendices hereto. Such descriptions, summaries and information do not purport to be exhaustive, comprehensive, or definitive. All references herein to the Certificates and the Agreement or the terms or provisions of any of the foregoing, are qualified by reference to such documents in their entirety. AUTHORIZATION FOR ISSUANCE Deschutes County is a municipal corporation and is authorized under Oregon Revised Statutes, Chapter 203, inclusive, as amended (the "Act "), to acquire, operate and maintain properties of public concern. Under the Act, the County is authorized to enter into contract arrangements relating to the construction and operation of its authorized facilities. 1 0094 0010 THE CERTIFICATES General Description The Certificates are being executed and delivered in the aggregate principal amount of $1,500,000 and mature on the dates set forth on the cover hereof. The interest represented thereby will be calculated from November 1, 1988, at the rates per annum set forth on the cover page hereof, payable semiannually on May 1 and November 1 of each year until maturity or prior redemption, commencing on May 1, 1989. The Certificates will be prepared only in fully registered form without coupons in denominations of $5,000 or any integral multiple thereof. Interest is payable by check or draft of the Trustee mailed on the due date to the Registered Owners of the respective Certificates whose names appear on the registration books on the 15th day of the calendar month preceding the interest payment date, at the address appearing on the registration books or at such other address as may be furnished in writing by such Registered Owner to the Trustee. Principal is payable to the Registered Owners upon presentation and surrender of the Certificates on the date of maturity or prior redemption, at the principal corporate trust office of the Trustee in Portland, Oregon. The Certificates will be executed and delivered by the Trustee pursuant to the Agreement. The Trustee is not liable for payment of any Installment Payments evidenced by the Certificates. Rather, the Trustee's duty in this regard is to remit Installment Payments received from or for the account of the County to the Owners of the Certificates entitled thereto. The principal of and interest on the Certificates are secured by a lien on and pledge of the Transient Room Tax, levied by the County pursuant to Deschutes County Code 4.08.030. The Transient Room Tax is a maximum seven per cent room tax on all occupied transient hotel and motel rooms located in the County. See "Summary of Certain Provisions of Installment Purchase and Trust Agreement - Remedies." The County is bound to annually appropriate Room Tax Revenues in an amount sufficient to pay the Installment Payments. This pledge of the Room Tax Revenues is binding and is not subject to nonappropriation of funds. In the event that Transient Room Tax Revenues are insufficient to meet Installment Payments, the County may also utilize, to the extent necessary, general fund monies available. The authority of the County to utilize general fund monies is subject to annual appropriation. The Certificates are not secured by the unlimited taxing power of the County, and are not a general obligation of the County. Neither the Certificates nor the obligation of the County to make Installment Payments constitutes an indebtedness of the County, the State of Oregon or any political subdivision thereof. Optional Redemption Provisions Certificates maturing in the year 1993 are not subject to optional redemption prior to maturity. The County has reserved the right to redeem any or all of the Certificates maturing on or after November 1, 2000, in whole or in part, in amounts of $5,000 or integral multiples thereof, on the redemption dates and at the redemption prices shown below, expressed as a percentage of the principal amount of the Certificates to be redeemed, plus interest accrued to the date of redemption: Date Percentage November 1, 1998 and May 1, 1999 101% November 1, 1999 and any interest payment thereafter 100% 2 0094 0011 Mandatory Redemption Provisions The Certificates maturing on November 1, 1993 are subject to mandatory redemption prior to maturity in part by lot at 100% of the principal amount thereof from the principal component of Installment Payments in the following years: Redemption Dates Component November 1, 1989 $ 25,000 November 1, 1990 25,000 November 1, 1991 30,000 November 1, 1992 35,000 November 1, 1993* 35,000 If not previously called under the provisions for Optional Redemption, the Certificates maturing on November 1, 2000 are also subject to mandatory redemption prior to maturity in part by lot at 100% of the principal amount thereof from the principal component of Installment Payments in the following years: Redemption Dates Component November 1, 1994 $ 40,000 November 1, 1995 45,000 November 1, 1996 50,000 November 1, 1997 55,000 November 1, 1998 60,000 November 1, 1999 65,000 November 1, 2000* 75,000 If not previously called under the provisions for Optional Redemption, the Certificates maturing on November 1, 2008 are also subject to mandatory redemption prior to maturity in part by lot at 100% of the principal amount thereof from the principal component of Installment Payments in the following years: Redemption Dates Component November 1, 2001 $ 80,000 November 1, 2002 90,000 November 1, 2003 100,000 November 1, 2004 110,000 November 1, 2005 125,000 November 1, 2006 135,000 November 1, 2007 150,000 November 1, 2008* 170,000 *Final maturity Notice of Redemption Notice of redemption of any Certificates shall be given by mailing of notice to the Registered Owner of any Certificates being called for redemption not less than thirty nor more than sixty days prior to the redemption date at the address shown on the registration books, or at such other address as may be furnished in writing by such Registered Owner to the Trustee. 3 0094 0012 Additional Certificates The County is permitted to cause to be issued additional Certificates upon compliance with certain conditions set forth in the Agreement and more fully described in this Official Statement. See "Summary of Certain Provisions of the Installment Purchase and Trust Agreement - Additional Obligations." SOURCES AND USES OF FUNDS The proceeds to be received from the sale of the Certificates (other than accrued interest which will be deposited into the Installment Payment Fund) plus other monies are to be applied as follows: Sources of Funds: Principal Amount of Certificates Total Sources of Funds Uses of Funds: Construction and Other Costs Deposit to Reserve Account Issuance Costs and Underwriters' Discount Total Uses of Funds INSTALLMENT PAYMENTS $ 1,500,000 The County is obligated to make Installment Payments to the Trustee. In accordance with the Agreement, the Installment Payments will be deposited by the Trustee in the Installment Payment Account and applied to make principal and interest payments as due with respect to the Certificates, sufficient to meet the schedule on page 19 of this Official Statement. SECURITY AND SOURCES OF PAYMENT FOR THE CERTIFICATES The Certificates represent undivided ownership interests in the Installment Payments due from the County under the Installment Purchase and Trust Agreement. The Certificates are not general obligations of the County, the State of Oregon or any other political subdivision or municipal corporation. The Certificates are secured solely by the pledge of the Transient Room Tax; the Debt Service Reserve Account; a security interest in the land, the building, and any improvements thereof; and any sums realized in connection with the remedies available upon the occurrence of an event of default, all as provided in the Agreement. 4 0094 0013 Obligation of the County Each Certificate represents an undivided proportionate ownership interest in payments made by the County under the Agreement. The County has pledged as payment, the revenues it receives from its Transient Room Tax pursuant to Deschutes County Code 4.08.030. The Transient Room Tax is levied against all occupied transient hotel and motel rooms located in the County. The room tax is currently levied at 7% and Deschutes County voters have authorized up to a maximum seven percent room tax levy for the County. Revenues sufficient to meet Installment Payments shall be deposited to the Installment Payment Account held by the Trustee as provided in the Agreement. The County is bound to annually appropriate Room Tax Revenues in an amount sufficient to pay the Installment Payments. This pledge of the Room Tax Revenues is binding and is not subject to nonappropriation of funds. In the event that Transient Room Tax Revenues are insufficient to meet Installment Payments, the County may also utilize, to the extent necessary, general fund monies available to the County to make Installment Payments. The authority of the County to utilize general fund monies is subject to annual appropriation. The County's obligations to make Installment Payments are not subject to complete or partial abatement resulting from damage, destruction, or loss of all or any substantial portion of the Project. Reserve Account A Debt Service Reserve Account is established by the Agreement. Immediately upon receipt thereof, $ of the proceeds of the Certificates will be deposited by the Trustee in such Reserve Account. Thereafter, there shall be maintained in the Reserve Account a balance equal to the average annual debt service on the Certificates, determined as of the date of issuance of the Certificates (the "Required Reserve. ") Moneys required to be maintained in the Reserve Account shall be used only to pay debt service on the Certificates and only in the event that the Installment Payments and moneys in the Installment Payment Account are insufficient to pay debt service when due. If the amount in the Installment Payment Account shall be less than the amount required to pay any interest or principal installment in full when due, the Trustee shall apply amounts from the Reserve Account to the extent necessary to make good the deficiency. If a deficiency occurs in the Reserve Account, an amount equal to any deficiency of the Required Reserve shall be deposited by the County to the Trustee in the next succeeding fiscal year. THE PROJECT The Central Oregon Welcome Center is a new building, of approximately 12,000 square feet, located one mile north of the City of Bend, Oregon on State Highway 97. The purpose of the building is to promote tourism in Deschutes County. The main area of the building will contain a tourist information center, incorporating large displays. The remainder of the building will contain space for a workroom, restrooms, two conference rooms, and a staff lounge. The conference rooms will have access to external balcony decks, with views to the surrounding area and mountains. The building site is 2.21 acres and will be landscaped to highlight the building. The building will have parking for approximately 38 cars and seven recreational vehicles. 5 0094 0014 SUMMARY OF CERTAIN PROVISIONS OF THE INSTALLMENT PURCHASE AND TRUST AGREEMENT The following is a brief summary of the provisions of the Installment Purchase and Trust Agreement between Deschutes County as lessee and Security Pacific Bank Oregon, as lessor, dated as of , 1988. The summary contained herein is not intended to be complete in its description of the Agreement. The referenced documents should be examined in their entirety, for a complete description of the provisions thereof. Under the Agreement, the County will purchase the Project from the Trustee, for a price of $1,500,000 payable in installments, with interest. The County will make Installment Payments to the Trustee on or before May 1 and November 1 in each year. The Trustee has agreed, upon written direction from the County, to prepare, execute and deliver to Seattle - Northwest Securities Corporation (the "Underwriter ") the Certificates, evidencing undivided interests in the Installment Payments to be made by the County. Installment Payments The County agrees to make monthly Installment Payments to the Trustee consisting of an amount equal to one -sixth (1 /6th) of the interest payment and one - twelfth (1/12) of the principal payment next due on the Certificates. In the event that Transient Room Tax Revenues are insufficient to meet Installment Payments, the County may also utilize, to the extent necessary, general fund monies available to the County to make Installment Payments. The authority of the County to utilize general fund monies is subject to annual appropriation. The County's obligations to make Installment Payments are not subject to complete or partial abatement resulting from damage, destruction, or loss of all or any substantial portion of the Project. Taxes, Other Governmental Charges and Utilities The County shall pay, or cause to be paid, all excise and ad valorem taxes and other governmental charges which are lawfully assessed against the Project. The County shall also pay, when due, all utility charges incurred in the operation, maintenance, use and upkeep of the Project. Maintenance The County shall cause the Project to be maintained, preserved and kept in good repair and condition and shall from time to time make all repairs, replacements and improve- ments necessary to keep the Project in such condition. Events of Default The following constitute "Events of Default" under the Agreement: 1. The County's failure to make any Installment Payment by the applicable Payment Date; 2. The County's failure to make any monthly transfer to the Trustee as required by Section 2.01(b) and (c) of the Installment Purchase and Trust Agreement; 3. The County's failure to comply in any material respect with any other covenant, condition, or agreement of the County under the Agreement for a period of thirty (30) days after notice thereof from the Trustee; 6 0094 0015 4. Any representation or warranty made by the County under the Agreement shall be untrue in any material respect as of the date made; and /or 5. Certain events relating to the bankruptcy or insolvency of the County. Remedies Upon the occurrence of any Event of Default, the Trustee shall have the right to take one or any combination of the following remedial actions: 1. Declare the unpaid principal balance, together with accrued interest immedi- ately due and payable but such balance and interest may be paid only to the extent of monies on deposit in any accounts held thereunder, moneys appro- priated by the County for payments due under the Agreement and moneys realized from the exercise of other remedies listed; 2. Judicially foreclose the lien of the Agreement against the Project, in the same manner as mortgages are foreclosed; 3. Exercise its rights as a secured party under the Oregon Uniform Commercial Code; and /or 4. Pursue and exercise any other remedy available at law or in equity. Additional Obligations The County may issue Parity Obligations to provide funds for any purpose authorized by law, but only upon the following conditions: 1. No Default has occurred and is continuing; 2. At the time of the issuance of the Parity Obligations there is no deficiency in the Installment Payment Account and the Reserve Account; 3. The Resolution authorizing the issuance of the Parity Obligations requires that a deposit be made at closing sufficient to bring the balance in the Reserve Account equal to the Required Reserve for all outstanding Certificates, including the proposed Parity Obligations. 4. (a) The Transient Room Tax Revenues for any 12 consecutive months during the 18 months immediately preceding the date of issuance of the Parity Obligations were not less than 1.50 times the actual debt service of the Series 1988 Certificates for that 12 -month period, and (b) the Transient Room Tax Revenues, as projected for the next ensuing fiscal year and as certified by a qualified engineering, auditing, or other qualified firm are not less than 1.50 times the actual debt service for the ensuing fiscal years' debt service on all outstanding Series 1988 Certificates plus the average proforma annual debt service on the proposed Parity Obligations. The County may issue Parity Obligations to complete the project notwithstanding the above requirements. 7 0094 0016 Taxability Representation The County represents: 1. The interest on the Certificates are not intended to be excluded from gross income for federal tax purposes. 2. The Internal Revenue Code of 1986 (the "Code ") does not provide a method by which the County may declare Certificate interest to be taxable; since the interest on the Certificates are not intended to be excluded from gross income for federal tax purposes, the County will not comply with the reporting requirements of Section 149(e) of the Code. 3. The declaration of intent will require that interest of Certificates be included in gross income for federal tax purposes. 4. The Certificates are not "qualified tax - exempt obligations" under Section 265(b)(3) of the Code. 5. The interest on the Certificates, less any interest expense incurred to carry the Certificates, may be subtracted from federal taxable income in determining Oregon taxable income. Miscellaneous The Installment Purchase and Trust Agreement establishes the following accounts to be maintained by the Trustee: The Proceeds Account: Monies in the Proceeds Account shall be used to pay any costs of constructing the Project, costs incurred by the County in connection with execution of the Agreement and issuance of the Certificates, and, if monies in the Installment Payment Account and Reserve are insufficient, Installment Payments. The Installment Payment Account: Accrued interest received from the sale of the Certificates, Installments Payments, and any other amounts which the Trustee receives and are available for use as Installment Payments shall be immediately deposited by the Trustee in the Installment Payment Account. Monies on deposit in the Installment Payment Account will be used by the Trustee to make payments of principal and interest to the registered owners of the Certificates. The Reserve Account: Monies in the Reserve Account shall be held in trust for the payment when due of the Installment Payments to be paid pursuant to the Agreement, and shall be used if on any Payment Date the moneys on hand in the Installment Payment Account are not sufficient to make payments of principal and interest to the registered owners of the Certificates. The Trustee is required to invest and re- invest all monies held under the Agreement upon written order of a representative of the County, in Permitted Investments (as that term is defined in the Agreement). 8 0094 0017 The Trustee acts as a depository of amounts held in all Accounts established by the Agreement. The Trustee may resign or be removed upon proper appointment of a successor Trustee, which successor must have the qualifications set forth in full in the Agreement. The Agreement may be amended without the consent of the registered Owners of the Certificates, in order to make changes which, in the reasonable judgment of the Trustee, are not prejudicial to the interests of the Certificate Owners. Any other amendment to the document requires the consent of Owners of Certificates constituting at least two - thirds of the total principal amount of Certificates then outstanding. THE COUNTY Deschutes County (the "County "), a municipal corporation of the State of Oregon, is located in the central portion of the State. The County encompasses approximately 3,055 square miles of area, and its boundaries include the cities of Bend, Redmond, and Sisters. The current estimated population of the County is 65,600. The County is governed by its Board of County Commissioners (the "Board"), consisting of three publicly- elected, full - time members. The Board is responsible for the administration of the County. Other elected officials, who are elected for the administration of their specific departments, include the District Attorney, the County Clerk, the Sheriff, the Treasurer, the Assessor, and the Surveyor. The Board of County Commissioners The policies of the County are established by an elected three - member Board of County Commissioners. The current members of the Board are: Position Term Expires Dick Maudlin Chairman January, 1989 Lois Bristow Prante Commissoner January, 1991 Tom Throop Commissioner January, 1991 Dick Maudlin, President. Mr. Maudlin has served as a County Commissioner since 1984, and was elected President in 1988. Mr. Maudlin founded his own insurance agency in 1972, retiring from that business in 1984. Mr. Maudlin attended The University of Oregon and Willamette University. Lois Bristow Prante, Commissioner. Ms. Prante has served on the Deschutes County Board of Commissioners since 1982. She also chairs the State /Local Partnership Strategic Planning Committee and was recently named one of six Oregonians who has "made a difference." From 1970 to 1980, Ms. Prante owned a marketing/management consulting firm. Ms. Prante holds a Bachelor's degree in sociology and a Master's degree in management. Tom Throop, Commissioner. Mr. Throop was elected Commissioner in 1986. He is currently Chairman of the Central Oregon Intergovernmental Council, President of the Associated Economic Development Districts of Oregon, and chairs the Association of Oregon Counties' Community and Economic Development Committee. Mr. Throop served in the Oregon House of Representatives from 1979 to 1986, and was employed as a child development specialist from 1971 to 1986. Mr. Throop has Bachelor's and Master's degrees in psychology. 9 0094 0018 TRANSIENT ROOM TAX ADMINISTRATION Administration and collection of the Transient Roorn Tax is detailed in Deschutes County Code 4.08. For the privilege of occupancy in any hotel, each transient shall pay a tax in the amount of seven percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the County which is extinguished only by payment to the operator as agent for the•County. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. Every operator renting rooms in the County shall collect a tax from the occupant. Exemptions from the tax are granted to (1) any occupant for more than thirty days; (2) any occupant whose rent is less than four dollars a day; (3) any person who rents a private home, vacation cabin, or like facility from an owner who personally rents such facilities; and (4) any occupant of a hospital room, medical clinic, convalescent home or home for aged people. The tax collected or accrued by the operator constitutes a debt owed by the operator to the County. Each operator shall collect the tax imposed at the same time as the rent is collected. All amounts of such taxes collected are due and payable to the tax administrator on a monthly basis on the fifteenth day of the month for the preceding month, and are delinquent on the last day of the month in which they are due. On or before the fifteenth day of the month following each month of collection a return for the preceding month's tax collections shall be filed with the tax administrator. Returns shall show the amount of tax collected or otherwise due for the related period. The tax administrator may extend by not to exceed one month the time for making any return or payment of tax. Any operator to whom an extension is granted shall pay interest at the rate of one percent per month on the amount of tax due. Any operator who has not been granted an extension of time for remittance of tax due and who fails to remit any tax imposed prior to delinquency shall pay a penalty of ten percent of the amount of the tax due in addition to the amount of the tax. Any operator who has not been granted an extension of time for remittance of tax due, and who failed to pay any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquent penalty of 15% of the amount of the tax due plus the amount of the tax and the ten percent penalty first imposed. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud or intent to evade the provisions thereof, a penalty of 25% of the amount of the tax shall be added thereto in addition to the penalties stated. The Transient Room Tax imposed, together with any interest and penalties, shall be and, until paid, remain a lien from the date of its recording with the County Clerk, and superior to all subsequent recorded liens on all tangible personal property used in the hotel of an operator. Such tangible personal property may be foreclosed on and sold as may be necessary to discharge such lien. The personal property subject to such lien seized by any deputy or administrator may be sold at public auction after ten days notice. 10 0094 0019 Transient Room Tax Receipts (Fiscal Year Ended June 30) Year Collections Year Collections 1988 $1,097,033 1984 $593,875 1987 897,702 1983 514,139 1986 739,582 1982 464,869 1985 674,150 1981 404,164 Source: Deschutes County PROPERTY TAX ADMINISTRATION The property tax is used by Oregon cities, counties, schools and other special districts to raise revenue to defray the expense of local government. The State of Oregon has not levied property taxes since 1941 and obtains its revenue principally from income taxation. Property tax administration, governed by the Oregon Constitution, the state's taxation laws and regulations of the Department of Revenue, involves the process of assessment, equalization, levy and collection of taxes. Valuation of Property: Assessment and Equalization The process of identifying and assigning a value to taxable property is termed "assessment" and the process of maintaining uniformity of values between property owners and various classes of property is termed "equalization." Assessment of property is administered by the County Assessor except for public utility property which is assessed by the state Department of Revenue. All property is reappraised in 6 -year cycles and values are adjusted annually to maintain assessments within a 5% deviation of county- wide market values. Equalization of values is performed by the county Board of Equalization. Administrative and judicial remedies are available to property owners who disagree with assessments. Property subject to taxation includes all privately owned real property (land, buildings and improvements) and personal property (machinery, office furniture, equipment and livestock). There is no property tax on household furnishings (exempt in 1913), personal belongings, automobiles (exempt in 1920), crops, orchards, business inventories or intangible property such as stocks, bonds or bank accounts. Property used for religious, fraternal and governmental purposes is exempt and reductions in assessments are granted for veterans' homesteads, certain open space farm lands and historic buildings. The assessment roll, a listing of all taxable property, is prepared as of January 1 of each year. Prior to 1980 assessed and true cash value were identified as market value for all classes of taxable property. From 1980 to 1983, taxable property was divided into two classes: "Homestead" and "All Other." The Homestead class consisted of owner- occupied single family residences. Property was appraised at true cash value (market value) but assessed in a manner that limited the state -wide annual growth to 5% for either class. Beginning in 1984 -85, the class distinction was eliminated with the state -wide growth limitation applied to all property equally. Assigned ratios of assessed to true cash value of property have been: 11 0094 0020 "Owner -Occupied" "All Other" Year Class Class 1987 -88 100.0% of TCV 100.0% of TCV 1986 -87 100.0% of TCV 100.0% of TCV 1985 -86 100.0% of TCV 100.0% of TCV 1984 -85 96.0% of TCV 96.0% of TCV 1983 -84 90.3% of TCV 90.9% of TCV 1982 -83 83.8% of TCV 85.1% of TCV 1981 -82 81.6% of TCV 84.4% of TCV 1980 -81 84.2% of TCV 87.6% of TCV Tax Levies and Rates Authority to levy property taxes is vested with the governing body of each local government unit. The governing body determines the levy annually before July 15 as part of the budget process. Annual budgets for local units are based on a fiscal year which begins on July 1 and ends the following June 30. Constitutional and statutory limitations on the amount that a governing body may levy are: 1. Levy Within 6% Limitation (Tax Base Levy). A tax base, approved by a majority of voters at a general election, represents permanent authority to annually levy a dollar amount which cannot exceed the highest amount levied in the three most recent years in which a levy was made, plus six percent thereof. Tax base levies may also be increased in proportionate amounts for annexed territory. A local unit is permitted to have but one tax base levy and proceeds may be used for any purpose for which the unit may lawfully expend funds. 2. Levy Outside 6% Limitation (Special\ Serial or Continuing Levy). Special and serial levies are temporary taxing authority permitting the levy of a specific dollar amount for one year (special) or for two or more years up to ten years (serial). Continuing levies are those approved by voters prior to 1953, are permanent in nature and are limited in amount by the product of the voted tax rate and the assessed value of the unit. Since 1978 serial levies may also be established based on a specified tax rate but the term may not exceed three years. Not more than four serial levy measures may be proposed in a given year. 3. Levy Not Subject to 6% Limitation (Debt Levy). Local units are required to annually levy an amount sufficient to pay principal and interest costs for a bonded debt. Bond measures to be paid from future tax levies must first be approved by a majority of those voting unless otherwise provided by law. Proceeds from a debt levy cannot be diverted to another purpose. Property Tax Collections Oregon Revised Statutes Chapter 311 requires that all tax levy revenues collected by a county for all taxing units within the county be placed in an unsegrated pool, and each taxing unit shares in the pool in the same proportion as its levy bears to the total of all taxes levied by all taxing units within the county. As a result, the tax collection record of each taxing unit is a pro rata share of the total tax collection record of all taxing units within the county combined. 12 0094 0021 Other Possible Impacts on the County's Revenues Oregon has rejected tax limitation measures five times in the past ten years, most recently in November 1986. Each one, had it passed, would have reduced the composite tax rate and limited growth of assessed valuation. These could have significantly decreased the County's annual revenue. Currently, there are no pending tax limitation measures. Deschutes County Assessed Value of Taxable Property (1) Fiscal Year Ending June 30 1988 1987 1986 1985 1984 Assessed Value $2,387,445,262 2,390,606,753 2,430,599,685 2,372,010,585 2,302,855,955 (1) Prior to fiscal year 1980 -81 property was assessed at true cash value (TCV). For subsequent years the County Assessor applied a percentage factor to TCV to determine Assessed Valuation. The percentage applied was determined for two classes of property: "owner occupied" homestead properties and all other property. The class distinction was eliminated beginning in the 1984 -85 fiscal year, with the statewide growth limitation applied to all property equally. The distinction between True Cash Value and Assessed Valuation was eliminated beginning in the 1985 -86 fiscal year. Source: Deschutes County Assessor Deschutes County Major Taxpayers Taxpayer Pacific Northwest Bell Telephone Company DAW Forest Products Co. LP Pacific Power & Light Co. Sunriver Properties Oreg. Ltd. Willamette Industries Inc. Mt. Bachelor Inc. Concord Equity Multiplier Burlington Northern Inc. Brooks Resources Corp. Cascade Natural Gas Corp. Type of 1987 -88 Assessed Business Valuation Telephone utility Wood products Electric utility Recreation Wood products Recreation Retail shopping mall Railroad Property development Gas utility Source: Deschutes County Assessor 13 $ 54,571,447 25,371,940 21,348,700 15,552,625 11,038,520 8,360,480 8,093,515 7,949,620 7,844,075 7,746,447 0094 0022 DESCHUTES COUNTY TAX COLLECTION RECORD ALL TAXING DISTRICTS Tax Collection (1) Collection Discounts Given Year As of Year Tax Levy Year of Levy of Levy 6/30/88 1988 -89 $52,859,150 (2) (2) (2) 1987 -88 52,086,238 $(1,017,342) 89.1% 89.1% 1986 -87 49,087,096 (845,210) 86.2 93.8 1985 -86 47,523,929 (781,512) 85.1 95.8 1984 -85 42,638,221 (666,273) 84.0 97.7 1983 -84 44,036,236 (697,592) 83.0 99.4 (1) Percentage of total Tax Levy (2) In process of collection Note: Taxes are payable in three equal installments on the fifteenth of November, February and May. Discounts are allowed where partial or full pre - payment of taxes is made, as follows: (a) A property owner who pays at least two - thirds of the taxes due, but less than the total, on or before November 15, will receive a two percent discount of such taxes paid on or before November 15; (b) A property owner who pays the total taxes due, on or before November 15, will receive a three percent discount of total taxes due. Source: Deschutes County Assessor COUNTY INDEBTEDNESS Debt Limitation Oregon statutes limit the amount of general obligation bonds which an Oregon county may have outstanding at any time to two percent of the true cash value of the taxable property within the county unless the county charter provides for a lower percentage. This statutory limitation does not apply to general obligation bonds issued for water, sanitary or storm sewers, sewage disposal plants, hospitals, infirmaries, gas, power, or lighting purposes, or the acquisition, establishment, or reconstruction of any off - street motor vehicle parking facility nor to bonds issued pursuant to applications to pay assessments for improvements in installments under statutory or charter authority ("Bancroft" Bonds) which are completely self - supporting. In addition, Oregon statutes limit the Bancroft bonded debt which a county may have outstanding at any one time to three percent of the latest true cash value of the property within the County. Enterprise debt, utility debt and certificate of participation debt are not subject to the two preceding limitations. 14 0094 0023 The County may issue tax anticipation notes in an amount which, in the aggregate, equal up to 80% of ad valorem taxes upon real and personal property which have been levied and are in the process of collection for the fiscal year in which the notes are issued, and 80% of other budgeted and unpledged revenues which it is estimated will be received from other sources during the tax year. The following table shows the debt capacity of the County: Debt Capacity Assessed Value (TCV) (1987 -88) General Obligation Debt Capacity (2% of Assessed Value) Less: Outstanding Debt Remaining Legal Debt Capacity $2,387,445,262 (1) 47,748,905 50,000 (2) $ 47,798,905 (1) Source: Municipal Debt Advisory Commission, State of Oregon Treasury Depart- ment. Deschutes County Assessor. (2) Does not include self- supporting debt or general obligation improvement (Bancroft) bonds. DEBT PAYMENT RECORD The County has always promptly met principal and interest payment on outstanding bonds when due. Additionally, no refunding bonds have been issued for the purpose of preventing an impending default. 15 0094 0024 DESCHUTES COUNTY, OREGON FINANCIAL INFORMATION (As of August 31, 1988) Assessed Valuation (1987 -88) (1) -- $2,387,445,262 Estimated Population -- 65,000 DEBT INFORMATION Gross Bonded Debt Net Direct Debt (2) Estimated Overlapping Net Debt Total Net Direct and Estimated Overlapping Debt $ 2,175,000 $ 50,000 43,468,871 $43,518,871 (1) The distinction between true cash value and assessed valuation was eliminated beginning in the 1985 -86 fiscal year. (2) Net debt includes all tax - supported bonds. Bancroft Act General Obligation Improvement Bonds and self- supporting general obligation bonds are excluded. Source: Municipal Debt Advisory Commission, State of Oregon Treasury Department. BONDED DEBT RATIOS Direct Debt to Assessed Valuation 0.01% Direct and Estimated Overlapping Debt to Assessed Valuation 1.82% Per Capita Assessed Valuation $36,394 Per Capita Direct Debt $ 1 Per Capita Direct and Overlapping Debt $ 670 16 DESCHUTES COUNTY, OREGON SUMMARY OF OVERLAPPING DEBT (As of August 31, 1988) Overlapping District Bend Metro Park & Recreation Central Oregon Park 3c Recreation Laidlaw Water District Cloverdale RFD Black Butte Ranch Central Oregon Hospital District Deschutes County S.D. No. 1 Deschutes County S.D. No. 1 Deschutes County S.D. No. 23 Deschutes County S.D. No. 27 Deschutes County S.D. No. 6 Central Oregon Community College City of Bend City of Redmond City of Sisters 1987 -88 Assessed Valuation 912,718,239 362,011,809 6,032,818 36,553,049 114,821,782 362,011,809 1,671,355,660 1,671,537,755 486,336,553 494,806,961 253,781,957 3,306,924,669 563,163,705 182,956,742 28,475,794 Percent Overlap 0094 0025 Overlapping Gross (1) Net (2) Bonded Direct Debt Debt 100.0%$ 475,000 100.0 540,000 100.0 96,679 100.0 100.0 100.0 100.0 100.0 93.8 100.0 100.0 72.2 100.0 100.0 100.0 73,000 215,000 3,080,000 750,000 19,170,000 2,836,630 290,000 1,575,000 596,333 12,188,000 7,200,000 380,000 $49,465,642 475,000 540,000 96,679 73,000 215,000 3,080,000 750,000 19,170,000 2,836,630 290,000 1,575,000 577,562 7,230,000 6,180,000 380,000 $43,468,871 (1) Gross bonded debt includes all bonds backed by a general obligation pledge including Bancroft Act general obligation improvement bonds and self - supporting general obligation bonds. (2) Net direct debt includes all tax - supported bonds. Bancroft Act general obligation bonds and self- supporting bonds are excluded. Source: Municipal Debt Advisory Commission, Oregon State Treasury REPRESENTATIVE LEVY RATES The actual rate levied in a representative area of the County for collection year 1987 -88 is shown below: Deschutes County Representative Levy Rates Per $1,000 of Assessed Valuation) Deschutes County County Library County Law Enforcement County Extension and 4 -i-1 Education Service District Central Oregon Community College City of Bend Bend Park do Recreation Bend School District Central Oregon PUD $ 2.20 .02 .11 .04 .27 1.63 5.11 1.45 13.68 .01 Total $24.52 Source: Deschutes County Assessor's Office 17 0094 0046 DESCHUTES COUNTY, OREGON OUTSTANDING OBLIGATIONS (As of August 31, 1988) Final Date Maturity Amount Amount General Obligation Bonds Issued Date Issued Outstanding A. Tax Supported Libraries 10/1/78 10/1/88 $ 383,097 $ 50,000 B. General Obligation Improvement (Bancroft) Bonds Bancroft 10/1/81 10/1/91 1,635,000 880,000 Bancroft 11/1/84 10/1/94 550,000 430,000 Bancroft 12/1/85 12/1/95 940,000 815,000 Total General Obligation Improvement (Bancroft) Bonds $2,125,000 Total General Obligation Bonds (Gross Direct Debt): $2,175,000 Revenue Bonds Certificates of Participation 6/30/87 6/1/02 $ 240,000 $ 230,000 Source: Deschutes County 13 DESCHUTES COUNTY, OREGON CERTIFICATES OF PARTICIPATION, SERIES 1988 FORECAST OF CASH FLOW (Fiscal Year Ended June 30) Year Principal Interest (1) Total 1989 $ 0 $ 76,856 $ 76,856 1990 25,000 152,494 177,494 1991 25,000 150,056 175,056 1992 30,000 147,375 177,375 1993 35,000 144,206 179,206 1994 35,000 140,794 175,794 1995 40,000 137,063 177.063 1996 45,000 132,759 177,759 1997 50,000 127,950 177,950 1998 55,000 122,634 177,634 1999 60,000 116,813 176,813 2000 65,000 110,484 175,484 2001 75,000 103,397 178,397 2002 80,000 95,450 175,450 2003 90,000 86,631 176,631 2004 100,000 76,775 176,775 2005 110,000 65,881 175,881 2006 125,000 53,691 178,691 2007 135,000 40,203 175,203 2008 150,000 25,419 175,419 2009 170,000 8,819 178,819 $1,500,000 $2,115,750 $3,615,750 (1) Assumed interest rates ranging from 9.75% to 10.375% (2) Actual collections from Fiscal Year 1987 -88 19 0094 0027 Transient Room Tax Projected Revenues (2) Coverage $1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 1,097,033 14.27 6.18 6.27 6.18 6.12 6.24 6.20 6.17 6.16 6.18 6.20 6.25 6.15 6.25 6.21 6.21 6.24 6.14 6.26 6.25 6.13 0094 0028 COUNTY FINANCIAL FACTORS Budgetary Process and Controls The County prepares an annual budget in accordance with the Oregon Local Budget Law. Chapter 294 of the Oregon Revised Statutes establishes standard procedures for all budget functions for all Oregon local governments. Under the applicable provisions, there must be public participation in the budget process and the adopted budget must be balanced. The Manager or Administrator evaluates the budget proposals of the various departments of the County to determine the funding levels of the operating and public service programs. The budget is presented to the public through public hearings held by a budget committee consisting of County Commission members and laypersons. After giving due consideration to the input received from the citizens, the County Commission adopts an ordinance which adopts the budget, authorizes the levying of taxes and sets appropriations. The budget ordinance must be adopted not later than June 30 of each fiscal year. The budget may be amended during the applicable fiscal year through the adoption of a supplemental budget. Supplemental budgets may be adopted through the same process used for adoption of the regular budget, including the use of public hearings. Financial Reporting The Annual Financial Report of the County is prepared in accordance with generally accepted accounting principles ("GAAP "). In addition to presenting the financial position, results of operations, and changes in financial position of the County's funds, the Annual Financial Report reconciles differences in reporting activities between the budgeting basis, as presented in the annual approved budget, and the basis according to GAAP as is used in the preparation of the financial report. Also produced annually is the County's annual financial review which is a report to the citizens of the County finances prepared on a consolidated basis. Independent Audit Requirements Each Oregon municipal corporation must obtain an audit and examination of its accounts and financial status at least once each year pursuant to the Oregon Municipal Audit Law, Oregon Revised Statutes 297.405 to 297.555. Municipalities having annual expenditures of less than $100,000, with the exception of counties and school districts, are exempt from this requirement. All Oregon counties and school districts, regardless of amount of annual expenditures, must obtain an audit annually. The required audit may be performed by the State Division of Audits or by public accountants certified by the State as capable of auditing municipal corporations. The County audits for the fiscal years 1982 -83 through 1986 -87 were performed by Donaca Battleson & Co., P.C. The latest (1986 -87) audit reports indicate the financial statements present the County's financial picture fairly and are in conformance with generally accepted accounting principles applied on a consistent basis. 20 0094 0029 Pension Plans The County participates in the State of Oregon Public Employees Retirement System (PERS). All participating employees of the County are covered by the plan after six months of employment. County Railroad Workers are covered by the Railroad Retirement Act. The plan is a defined benefit plan to which the County contributes both the employer's portion and the employee's contribution. The rate of employee contribution is established by law. The rate of employer contribution is set by the Public Employees Retirement Board, based upon actuarial valuations. The employer contribution rate for 1986 -87 was 8.42% plus the qualified employees' contribution of 6.0%. The total expense for the County for the 1986 -87 fiscal year was $1,025,212. 21 0094 0030 .0 00 .O O .O as 00 as 01 4• tr1 M 00 00 N "4 cr{ OQ. .41 C ■-•■ -r -VT V} N. 0 as 00 O M 4 en N 4- .O %.0 4- 0 u1M 00 (N 0 M N 0 4- 4- 00 •--� O 0.NN 0"4 00 as --I ---- N on \ 00 -+ -" N as 01 .O 00 4- In K1 i� 1� -- ..4 4 4 0 4- 4 u1 0 -4 N -+ (N t/)- 4/1. i/T i/} 4/} N 4- N. 00 on --• 4 -0• 00 •--■ 4. -4 N. u1 N. N 4- n 41 00 L+'1 4- -+ 0 O 4- u1 u'1 0 O1 00 4 4 N u1 00 cel M 1� Z .--i u1 O M 4- ■0 0 - -. C7 •v} v} 4/1- -/} </r W .► CL O M OZWC ;� W 7 M 4- 4- --. .-.i -r N a1 .... E-• �r H h v1 N \O 4 00 N. u1 00 -0' LS 01 u1 O 4- 0 0 c�1 4- kr1 0 Va Z C - N sr) NI sO Lin 4- ces 4- N on M ( N N N. Les W < W H W V r N O 00 M a1 I� ■O un -• WA N. 4 crs M 4 00 4' M --I 01 4 u■ N N 4 O h 1. 00 00 4. N. 0 N as -. 01 0 01 d 01 M 00 O 00 01 00 00 --- •--I N 01 •--I .0 N. -•+ as —. --" -' 4 .-1 ‹n• i/} i/} t/} 41> Total Assets Total Liabilities Total Liabilities 3c Fund Equity Source: Deschutes County audited financial statements d -, 00 v\ /\00 00 M\O -. O N •-� v\ \a M 4 \O -. O\ 00 r' N t, M 00 0\ 0\ 00 4.- U' 00 -+0 v\ .tt�N N ('4—N \0"\ Y M •--� giN0\ n 04M t. ..a M 4 �• h CD u1 MM 00n c+\ O\ - ••�O• --�mN. 4. tT 00 N --� N --� N M 0\ n ,P\ 4. N 0 N00 N00 \0 00 wh N ■ UN 4. 0094 0031 N. 0\ ▪ 00 ON O 00 -. O\ N 4. O M \O \0 0 v\ M N - 4�MONMd• \0 \0 �' M N MM01,:.; v1 00 - 4' I� N N .Y .24.4. 00 2 -� a\ N •--� .Y \a .7 O\ M O 00 n O " O\ "'� NNN ONO v100M N. N.0\0 O V\ N 000\ O\ -� O N M O •--. O\ O\ •-� \O 00 v\ •r M 0 7 a\ �/\ •--� a\ ▪ �+ t■ • — —. \a 0 4. M N 0 N. M O -. M 0 .7 00 00 a\ �• N n .�i N 00 •-4 M -. d M v\ \0 N v\ M ^v f\ O\ \t) v\ -r M N M -• — V) -. .-. \a 00 0 N f\ O 4. N -. M 0\ 0 0 M -� N ON M aI O O\ 00 N u1 \O \0 v1 .-. \O 0 \0 00 \D O 00 �' M M -� .7 4• v\ \0 \0 ■0 O\ \a a\ M o0 •-. O\ N •p ▪ N N • \O n a\ 01 000 ■,Q .n .mow .--� N \a v\ Y1 N O 0�0 \ f\ •.. --� ,N\.D � . r\ •• Q\ M n \O • •• N. M \p M M 00 N. 00 N N \ 00 a\ N wv _. 4.. . v1 \p \D M N Z W Lil ..., M N • 4 Z Li • X Z ✓ ,4.1 i-. .•. W ^ - .,N000v1M01 chi N 'C- ICON t-. '1\ -,-., O v'\ 0\ el Gi O M M 00 O M N -+ O n O\ O\ O \D N n N N 01 .Y 00 O a U1.0.100. ON O O 00 O\ �/\ 1� N v1 N O\ .* M 00 4. v\ o Z Z Q \0 .--, O\ M M u'\ �\ oo ON:. 00 O\ �/\ N —. \O \0 \D \O 00 ▪ 00 • N. v1 n %" U. W Z tT oo 4. 0'. Ni —, •--, M ^ O � a\ N �• O\ N ■D M 4. =aaLLC m eh .. -, ▪ v M O< ZLa 'h `�' N U :4 1011. ... V) ZI""la 0 0t- 0D0\N0 N000 00 la :iii Z t.% �' M N h O\ 00 \D O O\ \O O \p M i� M t� ▪ -� M 4T .y 00 4. • ('� g,1 Z \O M N 0 00 N. t-. N -. -• Mr': N 1/\ O N 00 -. ,/\ �• v\ v'\ O _ d > 00 In CM 00 rn OA v1 t` N a. v� \ti 0 ▪ 00 o� l��U... • ��.0 .13 NI �ooM \0 M4• O - \c 4.O h 00 00 U \O a\ N N. 0 O M M - 00 a\ 0 0 t"\ LL VI Q ▪ Q .., t� .� M ,r\ •-r M C.4 • v •-• •--- D Lt] Z rci N � 0 ▪ C N N C) 07 7 4. 7 ✓ h U V p D U C > v +.. L > 0 0 y ++ N 7 > O 1 • N v N • y... O O • L X U wv y • 0 2` O L 7. Cu n Cma.y V o., L u7 • O W c C T VO . a U 1r U V) 0 V N ,.y M 4. Qt yW W Xv0L OO VC C T++ (1) L y CL) N al cd .1". .+ N c0 N V1 0 CO • y y L= ca 0 ,, a C to 00 L v. O ai aLV V nisa°ov"� a• >i acc,eY2X X .O.0) • .$ i o ▪ �`.0 7 c0 0 C U C L ++ +, L y ,,_,MI O D O 4J CJ co W v1 L ." L L 0 y 0 a�i oa.0- 1u-U =0 Cu.vlU ��C7cJ =In + U in o > t CL 0- ▪ U o C cCf >,.1 .. p XU U O X O 44 O X F F W W F W 0 C: Fund balance - Beginning of year Fund balance - End of year DESCHUTES COUNTY, OREGON o N. N. o t.- --00o4- O N. 00 00 r` 41. ,40 0 to o O. ++ 00 N N 00 '0 v1 ON O N. 00 �00 00 0\ u1 ON-.0 o0 u1 �� I�Nu1 N wVN �0O1 d W\ to v O d M O i/} i/} i/} i/} N NO N (Ni NO — +4 (7N 1,-- N. O\ G a) CIN N -- B - N OO 4- N. N. Z �� Mv1NO N ta v CL. S ^02 .0 v1 M i/} i/} Z Q rio Q aw e a45 u.1Zu-1 ZLaVf L 0 ( F a) ILL X ci t° C >, a) Z 4. > L a) ell 0. U to o a) a) 00 111O^.4 N NO N M N 00 O NO O 00 M O I. O\ ‘O N � rN 00 'I▪ D -- -(.10^ -- N 4- ^-t d .--i —4 i/} i/} L L CL 4. ++ O n. c X • X X a) ffi fd y ++ ++ U �N. L L a o n. n . 7 of O 0 CUr4aa a) fd Total Revenues 0 to L a) a) • N • f + U (11 + N C t0.-. ■) 00 d. a •C c Ut-0 Total Expenditures 0094 0032 DESCHUTES COUNTY, OREGON 0 z w M X t- ill w Hh b0 aZ "4 H c0 v z C4 00 d N O N C1 o r 00 00 00 4- O d 4- OS •-. N. 00 00 ~ C11 111 N r. N N 00 00 00 00 • ih r ■ N t1 ■ O in 111 u1 41 R1 N N N N ..1• N .O 0. 01 01 0. 00 ON •O n 0\ 01 01 01 ~ ^ .■I N N 0 N i/} if? i/? i/? O 0A 01 O. 00 I- If1 O O —• ^'� ^� 00 0S 4. 111 0. 01 01 .� O 00 00 00 00 N N N N if? it} 01 01 00 N v1 ON O ON 01 0. .o a■ u, v1 v1 teN OS - • ....4 . Ln v■ • t 1 v1 .■4 .I-.O O 0 0 0 iA if) if? ▪ 41) v1 K1 00 O 00 00 00 r l rO 0 • 0 0 00 .. .• .. o. 0. O 0 0 0 0 .. 01 00 N N N N ...4 N N N N :/? if? if? i1 -1 a) cn N Total Assets Total Fund Balance 0094 0033 0094 0034 0 0 0 0 0 0 0 O N N O 0 0 0 0 0 co O 00 00 M ON ON u'1 u 4- O O NO 0 4. 00 . . .. . . . . . 4. . -•i N N ON O1 O O O v co oo . 00 N. u" ul .7 4- 4' i/} i/} -V) i/} .. •■• i/} M M O co M 0 0 M N u1 M M u1 00 4- 4- 4- 00 N .'h 4- 4- NO N.0 N. M M 4- 4- ON 00 . . . . . . . . . 0. 4- 4- ON ON 4- ON ON u1 00 M ..r -.I ••■1 01 0\ --4 00 00 N N. O NO NO u1 M M -1 N .-. •■ 4- 4- 0 0 4- 0 0 4- u1 ON 0 0 v1 u'1 v1 0 0 h N n in '.O NO M M N 0 0 N ON -y 00 . . . . . . . . . . 0 I" M O% — CO 00 --- •-■ 1's 00 00 00 0 00 \O '.0 •-•4 •-■I u1 4- 4- N N i/) {/} i/} i/} •■ •■• .(/} ■■ ■• -+ -4 -- 0 0 0 0 0\ a'. 01 O\ -y -• 00 0 0 N N. "- \O u1 u1 M M N 1� N. d .1 N. CIN 00 00 0 O 00 ..r ..-I M ON — •■ ...- N. N. 4- M M 00 00 0 VT in% i/}_ i/). ... .,. ... 4/} O 0 N. N N 0 0 N v1 00 N. 00 00 00 U1 v1 M N. 0 00 C. M M N N O '0 \O 4- u1 0 ••• NO NO 41 M M .~-1 0 N ON ON ""i • N. NC/ ND i/} i/} i/} -VT Total Revenues Total Expenditures L Q) > 0 Total other financing sources (uses) source: Fund Balance - Beginning of year Fund Balance - End of year DESCHUTES COUNTY, OREGON un a CD 0 X en uj CC� m, Z r, 00 _AO ua E..ZW H W a� Zak C4 F. W 0 m O 0 O 00 0 O 0 0 00 0 ++ 0 0 O N 00 O 00 0000 0 O O M ■O O 01.% h v1 O O ON O 0 ..• —1 00 O N P. O m 00 00 0 ++ O O 0 CD 4t 41' 'C a O 00 4- 7 .• .-. cr1 CC -.4 ih irr fd 0 R7 c1 JD Id 0 00 X Iicll C • 00 0 m• Cd 0 Total Revenues O 0 0 O 0 O 00 N O 4.O 4- N .r M tI). ~ :1'f Total Expenditures 0094 0035 0094 0037 economy. Employment at Mt. Bachelor during the winter ski season is approximately 500, with year -round employment standing at approximately 120. Employment at Sunriver during the peak summer season of May to September is approximately 550, with year - round employees comprising approximately 200 of the total. Manufacturing, especially of wood products, accounts for a signficant portion of economic activity in Deschutes County. Bend Millwork Systems, which employs over 1,730 persons, is engaged in the manufacture of millwork products. Willamette Industries, located in Bend, is engaged in the manufacture of particle board and has employment of approximately 205. DAW Wood Products Company operates a sawmill in Bend, a softwood veneer and plywood manufacturing facility in Redmond, and a moldings manufacturing facility in Redmond. Employment at the Bend sawmill is approximately 283, while employment in the two Redmond plants is approximately 372. During the summer months of 1988, approximately 450 DAW Wood Products workers, comprising all of the union employees, were out on strike. The strike lasted for 13 weeks, and was settled in August of 1988. The strike was settled by ratification of a new labor contract. Beaver Coaches, located in Bend, is engaged in the manufacture of motor homes and employs approximately 225. Fuqua Homes, located in Bend, also manufactures motor homes and employs approximately 180 persons. Tektronix has a facility in Redmond that is engaged in manufacturing telecommunications test equipment; employment is approximately 150. Highway access to the City of Bend is quite good. State Highway 97 runs north -south from Portland, through Redmond and Bend, and south to Klamath Falls, Oregon. State Highway 20 connects Bend to the cities of Salem and Eugene, Oregon and continues east into the State of Idaho. Both Burlington Northern and Union Pacific railways provide the County with rail freight service, while Amtrak provides Bend with rail passenger service. The Redmond Airport is served by Horizon Airlines, U.S. Air, and United Express, all of which provide direct service from Redmond to Portland, Seattle, and San Francisco. Medical service is provided by St. Charles Medical Center in Bend, with employment of approximately 850. The Medical Center provides medical care to residents within a wide radius of Bend, including neighboring Crook, Jefferson, Lake and Klamath counties. Following are economic indicators for Deschutes County: Deschutes County Total Personal Income Total Personal Per Capita Year Income (M) Income 1984 $672.6 $10,337 1983 606.3 9,516 1982 558.9 8,772 1981 545.4 8,597 1980 509.4 8,073 1979 476.1 8,146 Source: U.S. Bureau of Economic Analysis The 1984 average per capita income for Oregon State was $11,613. 29 0094 0038 Deschutes County Nonagricultural Wage and Salary Employment Total Manufacturing Durable goods Lumber and wood Other durable goods Nondurable goods Food products Other nondurable goods Nonmanufacturing Construction Transportation, communication & utilities Trade Finance, insurance & real estate Services and miscellaneous Government Workers in Labor - Management Disputes Net Change July June July June'88 July'87 1988* 1988 1987 July'88 July'88 26,670 26,430 26,430 240 240 5,090 4,860 5,300 230 -210 4,470 4,250 4,690 220 -220 3,360 3,170 3,650 190 -290 1,110 1,080 1,040 30 70 620 610 610 10 10 140 130 140 10 0 480 480 470 0 10 21,580 21,570 21,130 10 450 1,430 1,280 1,310 150 120 980 990 930 -10 50 6,500 6,390 6,570 110 -70 2,190 2,080 2,240 110 -50 6,500 6,410 6,250 90 250 3,980 4,420 3,830 -440 150 450 610 0 -160 450 Source: State of Oregon Employment Division, Department of Human Resources Major Employers in Deschutes County Company Bend Millwork Systems Bend School District St. Charles Medical Center DAW Forest Products Sunriver Resorts Mt. Bachelor Ski Resort U.S. Forest Service State of Oregon Deschutes County Central Oregon Community College Beaver Coaches Willamette Industries Industry Wood products Education Health care Lumber and wood products Recreation Recreation National forest administration Government Government Education Motor homes Wood products (1) Includes part -time faculty Source: Bend Chamber of Commerce and individual employers 30 No. of Employees 1,730 850 850 655 200 -600 120 -500 430 420 400 345(1) 225 205 0094 0039 Deschutes County Resident Labor Force and Employment July June July 1988* 1988 1987 Resident Civilian Labor Force 37,190 37,270 36,310 Total Employment 34,580 34,610 33,940 Unemployment 2,610 2,660 2,370 Unemployment Rate 7.0% 7.1% 6.5% Source: State of Oregon Employment Division, Department of Human Resources The preliminary July, 1988 unemployment rate for Oregon State was 5.9%. Deschutes County Building Permits Permits Issued Value of Buildings Year Residential Non - Resid. Residential Non - Residential 1987 527 78 $42,816,343 $ 8,691,810 1986 479 70 33,274,854 5,686,101 1985 647 122 35,483,318 8,098,051 1984 315 65 18,759,388 10,014,279 1983 449 78 23,513,462 3,770,532 Source: Oregon Housing Agency 31 0094 0040 LITIGATION There is no pending litigation questioning the validity of the Certificates or the Agreement or the authority of the County to make the Installment Payments required by the Agreement. APPROVAL OF COUNSEL Legal matters incident to the authorization, issuance and sale of the Certificates are subject to the unqualified approving legal opinion of Lindsay, Hart, Neil & Weigler of Portland, Oregon, Securities Counsel. A copy of the opinion of Securities Counsel will be printed on the Certificates in substantially the form set forth in Appendix A hereto. Counsel has reviewed only the sections of this Official Statement captioned "The Certificates ", "Security for the Certificates ", "Summary of Certain Provisions of the Installment Purchase and Trust Agreement" and "Tax Status." TAX STATUS With respect to the Series 1988 Certificates, no attempt has been made to comply with certain requirements relating to the exemption from federal income taxation of interest on the Series 1988 Certificates. It is, therefore, assumed that interest with respect to the Series 1988 Certificates is subject to all applicable federal taxation. In the opinion of Securities Counsel, under existing laws, interest on the Series 1988 Certificates, less any interest expense incurred to carry the Certificates, may be subtracted from federal taxable income in determining Oregon taxable income. UNDERWRITING The Certificates are being purchased by Seattle - Northwest Securities Corporation acting as the Underwriter. The Certificate Purchase Contract between the County and the Underwriter provides that the Underwriter will purchase all of the Certificates, if any are purchased, at a price of % of the par value of the Certificates, plus accrued interest. The Certificates will be reoffered at an average price of % of the par value of the Certificates. The underwriting spread is points. After the initial public offering, the public offering prices may be varied from time to time. 32 0094 0041 APPENDIX A t • 1001 FOURTH AVENUE PLAZA ISEAFIRST BLDO.1. SUITE 3200 SEATTLE, WASHINGTON 98154 12081 023 4711 1401 NEW YORK AvENUE.N.W. SUITE 1200 WASHINGTON. D.C. 20005 (202) 390.4480 LINDSAY, HART, NEIL 8e WEIGLER LAWYERS SUITE 1800 222 S.W. COLUMBIA PORTLAND. OREGON 97201- a es 18 TELEPHONE (5001 226 -1191 TELECOPIER (500) 226.0079 TELEX 404 -7002 LEGAL OPINION Deschutes County, Oregon 1164 N.W. Bond Street Bend, Oregon 97701 Seattle- Northwest Securities Corporation 1300 S.W. Fifth Avenue Portland, Oregon 97201 0094 0042 JEFFERSON PLACE 050 N. 9TH. SUITE 400 BOISE. IDAHO 83702 (2081036-8844 345 CALIFORNIA STREET SUITE 2200 SAN FRANCISCO. CALIFORNIA 94104 (4151 984-5858 Re: $1,400,000 Certificates of Participation, Series 1988 (Federally Taxable) Evidencing Undivided Proportionate Interests of the Registered Owners thereof in Installment Payments made by Deschutes County, Oregon under an Installment Purchase and Trust Agreement between Deschutes County and Security Pacific Bank Oregon We have acted as bond counsel in connection with the authorization and execution by Deschutes County, Oregon (the "County ") of an Installment Purchase and Trust Agreement between the County and Security Pacific Bank Oregon (the "Trustee "), which is dated as of November 1, 1988 (the "Agreement "). The Agreement provides for the execution and delivery by the Trustee of Certificates of Participation, Series 1988 (Federally Taxable) (the "Certificates ") in the aggregate principal amount of One Million Four Hundred Thousand Dollars ($1,400,000). The Certificates represent undivided proportional ownership interests in the Installment Payments to be made under the Agreement by the County. We have examined the law, a duly certified transcript of proceedings of the County, prepared in part by us, and other documents which we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the official statement or other offering material relating to the Certificates, except to the extent stated in the official statement, and we express no opinion relating thereto, except to the extent stated in the official statement. As to questions of fact material to our opinion, we have relied on the representations of the County contained in the Agreement and in the certified proceedings and other certifications of public officials furnished to us without LINDSAY, HART, NEIL & WEIGLER Legal Opinion Page 2 0094 0043 undertaking to verify the same by independent investigation. We have also relied upon a Certificate of the County that the County does not intend for interest on the Certificates to be excluded from gross income for federal tax purposes and that the County will not meet the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended. Based on our examination, we are of the opinion, under existing law, as follows: A. The County is duly created and validly existing as a body corporate and politic and public instrumentality of the State of Oregon with the corporate power to enter into and execute the Agreement and perform the agreements on its part contained therein. B. The Certificates are payable solely from Pledged Revenues under the Agreement, from funds deposited with the Trustee for accounts under the Agreement, and from moneys received by the Trustee from foreclosure of the project. C. If the County follows its stated intent, the County will fail to meet the reporting requirements of Section 149(e) of the Code and the interest on the Certificates will be included in gross income and will not be deducted from gross income in arriving at taxable income for federal income tax purposes. The State of Oregon, however, allows the amount of the interest on the Certificates, less any interest expense incurred to carry the Certificates, to be subtracted from federal taxable income in determining Oregon taxable income. D. The opinions set forth above are qualified only to the extent that certain rights, remedies nad waivers contained in the Agreement may be limited by or rendered ineffective by applicable bankruptcy, insolvency, moratorium, reorganization or other laws or judicial decisions or principles of equity relating to or affecting the enforcement of creditors' rights or contractual obligations generally. Respectfully submitted, LINDSAY, HART, NEIL & WEIGLER By: CWCcwc1341 Richard D. Roberts