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1989-15296-Resolution No. 89-041 Recorded 6/22/19890095 89 -1F296 .�+ REVIE rc COuNSa BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT S CUuiii ORF ON A Resolution Adopting the Preliminary Official Statement* Relating to Deschutes County's* Issuance of Certificates of * Participation in the Principal* Amount of $1,800,000.00, Dated* as of June 1, 1989. RESOLUTION NO. 89 -041 WHEREAS, the Board of County Commissioners authorized the issuance of Certificates of Participation in the principal amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00), dated as of June 1, 1989; 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 June 1, 1989. 1 - RESOLUTION NO. 89 -041 DATED this 0095 1727 day of c)/(1ALL,1 , 1989. ARD OF COUNTY COMMISSIONERS OF D SCHUTES COUNTY - OREGON STOW PRANTE, Chair ATTEST: // / TOIL TI OOPV, Commissioner Recording Secretary 2 - RESOLUTION NO. 89 -041 DICK MAUDLIN,'Commissioner EXHIBIT "A" 0095 1728 PRELIMINARY OFFICIAL STATEMENT DATED JUNE 13, 1989 NEW ISSUE NOT RATED In the opinion of Lindsay, Hart, Neil & Weigler, Special Counsel, under existing law and conditioned on Deschutes County complying with certain covenants relating to the tax - exempt status of the Certificates, interest on the Certificates (including any To E original issue discount properly allocable to the holders thereof) is excluded from gross income of Certificateholders for federal w `o income tax purposes. The Certificates are "qualified tax - exempt obligations" as defined under Section 265 of the Internal O.N Revenue Code of 1986, as amended. Certificate interest may be subject to other federal tax consequences. The interest on the ?£ Certificates (including any original issue discount properly allocable to the holders thereof) is exempt from personal income taxation by the State of Oregon. Special Counsel expresses no opinion regarding other federal or state tax consequences arising .E a with respect to the Certificates. Legislation is pending before the United States Congress which would affect the way • .5 corporations are taxed on Certificate interest. (See pending Exemption" herein.) m.§ 15 CERTIFICATES OF PARTI IPATION, SERIES 1989 O N Evidencing Undivided Proportionate Interests of „, the Owners Thereof in Installment Payments by °'.� DESCHUTES COUNTY, OREGON �o W DATED: June 1,1889 DUE: June 1, as shown below 0•� The Certificates of Participation offered hereby evidence undivided proportionate interests in the 0i.-0 Installment Payments to be made by Deschutes County under an Installment Purchase and Trust Agreement between the County and Security Pacific Bank Oregon, as Trustee. The Certificates will S -S be executed and delivered by the Trustee. 32 `° Interest due with respect to the Certificates will be payable semiannually on June 1 and cu December 1, commencing December 1, 1989, by check or draft of the Trustee, mailed to the V E Registered Owner as of the record date at the address shown on the registration books. The E. g Certificates will be issued in fully registered form without coupons in denominations of $5,000 each IT or any integral multiple thereof. Principal is payable at the principal corporate trust office of Security Pacific Bank Oregon, in Portland, Oregon. The Certificates are subject to prepayment or Tz c redemption prior to their stated maturities as described hereinafter. :=o m The principal of and interest on the Certificates are secured solely by the right to receive installment o£ payments (the "Installment Payments ") from the County under the Agreement, money held in the m accounts under the Agreement (including the reserve account) and the right of the Trustee to le :0 foreclose the Agreement against the Project. The obligation of the County to make Installment Payments is subject to annual renewal and the County's covenant to make Lease Payments is co- ,ci subject to and dependent upon annual appropriations. �4 L 0 o The Certificates are not secured by the unlimited taxing power of the County, and are not a general c a 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 0£ subdivision thereof. See "SECURITY AND SOURCES OF PAYMENT FOR THE CERTIFICATES- 21 o OBLIGATION OF THE COUNTY." 8= o Due Interest Yield Due Interest Yield t June 1 Amounts Rates Or Price June 1 Amounts Rates Or Price N £o° 1990 $45,000 1995 $60,000 5 1991 50,000 1996 65,000 1992 50,000 1997 70,000 1993 55,000 1998 75,000 s 2 1994 60,000 1999 80,000 m(Plus accrued interest from June 1, 1989) 5 $610,000 _% Term Certificates due June 1, 2005 @ _% g o $580,000 _% Term Certificates due June 1, 2009 @ _% .1 o The Certificates are offered when, as and if issued and accepted by the Underwriter, subject to an approving legal opinion of Lindsay, Hart, Neil & Weigler, Portland, Oregon, Special Counsel, and ca Ha, certain other conditions. It is expected that the Certificates will be available for delivery in N 0 Portland, Oregon or at the facilities of The Depository Trust Company in New York, New York on or 0 about June 29, 1989. Dated: Seattle- Northwest Securities Corporation 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 Elected Officials 0095 1729 Chairman Commissioner Commissioner District Attorney Sheriff Assessor Treasurer/Tax Collector County Clerk Surveyor Appointed Officials Administrative Services Director Legal Counsel Special 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 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. ii 0395 1730 TABLE OF CONTENTS Page Introduction 1 Authorization for Issuance 1 The Certificates 2 General Description 2 Optional Redemption Provisions 2 Mandatory Redemption Provisions 2 Notice of Redemption 3 Purpose and Application of Proceeds 3 Refunding Plan 3 Procedure 3 Verification of Mathematical Calculations 4 The Project 4 Installment Payments 4 Security and Sources of Payment for the Certificates 4 Obligation of the County 4 Reserve Account 5 Summary of Certain Provisions of the Installment Purchase and Trust Agreement 5 Installment Payments 5 Taxes, Other Governmental Charges and Utilities 5 Maintenance 5 Events of Default 6 Remedies 6 Additional Obligations 6 Taxability Representation 6 Miscellaneous 7 The County 7 The Board of County Commissioners 8 Property Tax Administration 8 Valuation of Property - Assessment and Equalization 8 Tax Levies and Rates 9 Property Tax Collections 9 Other Possible Impacts on the County's Revenues 10 Assessed Value 10 Tax Collection Record 11 County Indebtedness 11 Debt Limitation 11 Debt Payment Record 12 Financial Information 13 Debt Information 13 Bonded Debt Ratios 13 Summary of Overlapping Debt 14 1988 -89 Representative Levy Rate 14 Outstanding Obligations 15 Forecast of Cash Flow 16 County Financial Factors 17 Budgetary Process and Controls 17 Financial Reporting 17 Independent Audit Requirement 17 Pension Plan 17 General Fund - Balance Sheet 18 General Fund - Combined Statement of Revenues, Expenditures and Changes in Fund Balances 19 General Fund - Budget of Revenues and Expenditures 20 0095 1731 TABLE OF CONTENTS (Continued) Page General and Economic Information 21 Oregon Public Employees Retirement System 24 Litigation 24 Approval of Counsel 20 Tax Exemption 25 Underwriting 25 Appendix A - Legal Opinion iv 0095 1732 OFFICIAL STATEMENT $1,800,000 CERTIFICATES OF PARTICIPATION 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 1989 (the "Certificates "), in the aggregate principal amount of $1,800,000, 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, pursuant to an Installment Purchase and Trust Agreement dated (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 solely by the right to receive installment payments (the "Installment Payments ") from the County under the Agreement, money held in the accounts under the Agreement (including the reserve account) and the right of the Trustee to foreclose the Agreement against the Project. The obligation of the County to make Installment Payments is subject to annual renewal and the County's covenant to make Lease Payments is subject to and dependent upon annual appropriations. 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 provision 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 THE CERTIFICATES General Description 0395 1723 The Certificates are being executed and delivered in the aggregate principal amount of $1,800,000 and mature on the dates set forth on the over hereof. The interest represented thereby will be calculated from June 1, 1989, at the rates per annum set forth on the cover page hereof, payable semiannually on June 1 and December 1 of each year until maturity or prior redemption, commencing December 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 solely by the right to receive Installment Payments from the County under the Agreement, money held in the accounts under the Agreement (including the reserve account) and the right of the Trustee to foreclose the Agreement against the Project. The obligation of the County to make Installment Payments is subject to annual renewal and the County's covenant to make Lease Payments is subject to and dependent upon annual appropriations. 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 years 1990 to 1999, inclusive, are not subject to optional redemption prior to maturity. The Certificates maturing on and after June 1, 2000, are subject to redemption at the option of the County on and after June 1, 1999, in whole or in part, on any interest payment date at a price of par plus accrued interest, if any, to the date of redemption, plus interest accrued to the date of redemption. Mandatory Redemption Provisions The Certificates maturing on June 1, 2005 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 June 1, 2000 $ 85,000 June 1, 2001 90,000 June 1, 2002 100,000 June 1, 2003 105,000 June 1, 2004 110,000 June 1, 2005 120,000 2 0095 1734 The Certificates maturing on June 1, 2009 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 June 1, 2006 $130,000 June 1, 2007 140,000 June 1, 2008 150,000 June 1, 2009 160,000 Notice of Redemption Notice of redemption of any Certificates shall be given not less than 30 nor more than 60 days prior to the redemption date by registered or certified mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register. PURPOSE AND APPLICATION OF PROCEEDS A portion of the proceeds of the Certificates will be used to refund the $220,000 amount outstanding of the County's Series 1987 Certificates of Participation, dated June 1, 1987, maturing June 1, 1990 through June 1, 2002 (the "Refunded Certificates "). The Refunded Certificates will be escrowed to their call date of June 1, 1995, at which time they will be called at a premium of one percent of par value. The Certificates are being issued for the purpose of debt reorganization. A portion of the proceeds of the Certificates will be used for various County projects (see the caption, "THE PROJECT "). 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 $ 1.500.000 $ 1.500,000 Uses of Funds: Construction and Other Costs $ Deposit to Reserve Account Deposit to Escrow Account Issuance Costs and Underwriter's Discount Total Uses of Funds REFUNDING PLAN Procedure From the proceeds of the Certificates, and with other monies available, the County will purchase certain direct United States Government obligations, including obligations of the State and Local Government Series (referred to herein as "Acquired Obligations. ") These Acquired Obligations will be deposited in the custody of Security Pacific Bank Oregon (the "Escrow Trustee. ") The maturing principal of the Acquired Obligations, interest earned thereon, and necessary cash balance, if any, will provide for payment of: 3 uii) i. t uO (a) Principal of and interest on the Refunded Certificates through June 1, 1995; and (b) On June 1, 1995, the principal of and one percent redemption premium on the Refunded Certificates maturing in years 1996 through 2002. The Acquired Obligations, interest earned on, and necessary cash balance, if any, will irrevocably be pledged to and held in trust for the benefit of owners of the Refunded Certificates by the Escrow Trustee, pursuant to an escrow deposit agreement to be executed by the County and the Escrow Trustee. Verification of Mathematical Calculations An independent verification by Grant Thornton, certified public accountants, will be obtained to the effect that the Acquired Obligations, interest thereon, and the cash balance will be adequate to make all required payments outlined above. The verification will also confirm the correctness of the mathematical computations supporting the conclusion of bond counsel that the Certificates are not "arbitrage bonds" as defined by Section 148 of the Internal Revenue Code of 1986. THE PROJECT The County will use Certificate proceeds towards the following projects: purchase and remodeling of a motel, for conversion to the County juvenile center; purchase of a warehouse, to be used for County storage; purchase of a piece of land, to be used for the site of the County library; and purchase of a second piece of land, to be used for parking for tenants of the County's existing warehouse storage facility. INSTALLMENT PAYMENTS 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 16 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 Installments paid by the County to the Trustee pursuant to the Agreement; accounts held under the Agreement; a security interest in all fixtures and personal property which are part of the Project; and any sums .realized in connection with the remedies available upon the occurrence of an event of default, all as provided in the Agreement. Obliffation of the County Each Certificate represents an undivided proportionate ownership interest in payments made by the County under the Agreement. The amounts due under the Agreement are payable from the general fund of the County. The obligation of the County to make payments under the Agreement is subject to annual appropriation. If the County fails to appropriate funds to make payments under the Agreement, the Certificate Owners are entitled to be paid solely to the extent of previously appropriated but unpaid moneys, moneys held in the trust accounts under the Agreement, and moneys which become available from the foreclosure of the Project. The County is not liable to pay any deficiency in the event such sums are not adequate to pay the unpaid amounts due under the Agreement. 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. 4 0095 1736 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 lesser of the maximum annual debt service on the Certificates, determined as of the date of issuance of the Certificates, or ten percent of the original principal amount 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. 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 . 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 $ payable in installments with interest. 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 To provide additional security for the Owners, the County agrees to transfer each fiscal year to the Trustee the sum of the following amounts (i) for deposit in the Installment Payment Account, the full amount of all Installment Payments due in that fiscal year; plus (ii) for deposit into the Reserve Account, the amount by which the Reserve Requirement exceeds the balance in the Reserve Account. Such transfers shall be made as soon as possible after the beginning of each fiscal year, but no later than August 15 of each year. Amounts on deposit in these accounts on the date of the transfer shall be credited against the transfers required. 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 improvements necessary to keep the Project in such condition. 5 0095 1737 Events of Default The following constitute "Events of Default" under the Agreement: 1. The County's failure to make and Installment Payment by the applicable Payment Date; 2. The County's failure to make any payment to the Trustee as required by Section 2.1(b) of the Agreement prior to August 15 of any year; 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; 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 immediately due and payable, but such balance and interest may be paid only to the extent of moneys on deposit in any accounts held thereunder, moneys appropriated 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 Ob1i cations The County shall not issue obligations secured by the Project which have a lien on the Project superior to or on a parity with the Agreement. The County may issue obligations secured by the Project which have a lien on the Project which is subordinate to the Agreement only if: 1. The obligations are issued to finance modifications to the Project; 2. Prior to issuing the obligations the County files with the Trustee an MAI appraisal, reasonably satisfactory to the Trustee, appraising the value of the Project as it is proposed to be modified; and 3. The unpaid principal of this Agreement is 75% or less of the NAI appraised value of the modified project. Taxability R.enresentation The County represents that: 1. The County will not take any action or omit any action if it would cause the Series 1989 Certificates to become "arbitrage Certificates" under Section 148 of the Code. 2. The County shall operate the facilities financed with the Certificates so that the Series 1989 Certificates are not "private activity Certificates" within the meaning of Section 141 of the Code. 6 0095 1738 3. The County shall comply with appropriate reporting requirements. 4. The County shall pay, when due, all rebates on the gross proceeds of the Series 1989 Certificates which are required under Section 148 of the Code. 5. The County designates the Certificates as "qualified tax- exempt obligations" pursuant to Section 265(b)(3) of the Code and shall not designate nor sell tax- exempt obligations in the aggregate amount of more than $10,000,000 in the 1989 calendar year. 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, Installment 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 moneys held under Agreement upon written order of a representative of the County, in Permitted Investments (as that term is defined in the Agreement). 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. 7 0 J 1 ~l39 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: Council Member Position Term Expires Dick Maudlin Chairman January, 1993 Lois Bristow Prante Commissioner 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 Throon. 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. 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 six -year cycles and values are adjusted annually to maintain assessments within a five percent 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. 8 0395 170 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 five percent 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: Year "Owner - Occunied" Class "All Other" Class 1988 -89 100.0% of TCV 100.0% of TCV 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 governing 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. Lew Within 6% Limitation (Tax Base Lew). 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. Lew Outside 6% Limitation (Special, Serial or Continuinc Lew). 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. Lew Not Subject to 6% Limitation (Debt Lew). 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. Pronertv 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 unsegregated 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. The County Tax Collector extends authorized levies, computes tax rates, bills and collects all taxes and makes periodic remittances of collections to tax levying districts. Taxes are levied and become a lien on July 1 (the lien date for personal property is January 1) and tax payments are due November 15 of the same calendar year. 9 0395 74;1 Under the partial payment schedule, taxes are payable in three equal installments on the fifteenth of November, February and May of the same fiscal year. 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. For late payments, interest accrues after each payment due date at the rate of one percent per month. The method of giving notice of taxes due, the County Treasurer's accounting for the money collected, the division of the taxes among the various taxing districts, notices of delinquency, and collection procedures are all covered by detailed statutes. The lien for property taxes is prior to all other liens or encumbrances of any kind on real or personal property subject to taxation. By law, the County may not commence foreclosure of a tax lien on real property until three (3) years have passed since the first delinquency. Tax statements mailed to property owners state the assessed value of property, the tax rate and the amount of taxes due and levied by each local unit. Tax rates, expressed as an amount per $1,000 of assessed value, are obtained by dividing the taxes levied by the assessed values of the taxing jurisdiction. Other Possible Imnacts on the Countv'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 annual revenues of Oregon municipalities. Currently, there are no pending tax limitation measures. Assessed Value The table below gives the assessed valuation of the County: Deschutes County Assessed Value of Taxable Property (1) Fiscal Year Ending June 30 Assessed Value 1989 $2,470,839,078 1988 2,387,445,262 1987 2,390,606,753 1986 2,430,599,685 1985 2,372,010,585 1984 2,302,855,955 (1) Prior to fiscal year 1980 -81, property was assessed at true cash value (TCV). For subsequent year 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 10 Taxpayer Pacific Northwest Bell DAW Forest Products Co. LP Pacific Power & Light Co. Sunriver Properties Oregon Willamette Industries Inc. Mt. Bachelor Inc. Concord Equity Multiplier Burlington Northern Inc. Brooks Resources Corp. Cascade Natural Gas Corp. Deschutes County Major Taxpayers Ltd. Source: Deschutes County Assessor Collection Year 1988 -89 1987 -88 1986 -87 1985 -86 1984 -85 1983 -84 Tvue of Business Telephone utility Wood products Electric utility Recreation Wood products Recreation Retail shopping mall Railroad Property development Gas utility DESCHUTES COUNTY TAX COLLECTION RECORD Tax Levv $52,859,150 52,086,238 49,087,096 47,523,929 42,638,221 44,036,236 Discounts Given Year Of Levv (2) $(936,662) (845,210) (781,512) (666,273) (697,592) 0 095 1742 1987 -88 Assessed Valuation $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 Tax Collection (1) Year As of Of Levv 6/30/88 (2) 89.1% 86.2 85.1 84.0 83.0 (2) 89.1% 93.8 95.8 97.7 99.4 Percentage of total Tax Levy. Pre - payment discounts are considered to be collected when outstanding taxes are calculated. In process of collection. 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 and certificate of participation debt are not subject to the two preceding limitations. 11 O 90 1743 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 (As of May 31, 1989) Assessed Value (TCV) (1988 -89) $ 2,470,839,078(1) General Obligation Debt Capacity (2% of Assessed Value) 49,416,782 Less: Outstanding Debt 0 (2) Remaining Legal Debt Capacity $ 49.416.782 (1) Source: Municipal Debt Advisory Commission, State of Oregon Treasury Department. 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. 12 0095 1744 DESCHUTES COUNTY, OREGON FINANCIAL INFORMATION (As of May 31, 1989) Assessed Valuation (1988 -89) (1) -- $2,470,839,078 Estimated Population -- 68,700 DEBT INFORMATION Gross Bonded Debt $ 1,820,000 Net Direct Debt (Includes this issue) (2) $ 0 Estimated Overlapping Net Debt 42.401,544 Total Net Direct and Estimated Overlapping Debt $ 42.401.544 (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 Net Direct Debt to Assessed Valuation Net Direct and Overlapping Debt to Assessed Valuation 1.7% Per Capita Assessed Valuation Per Capita Net Direct Debt Per Capita Net Direct and Overlapping Debt 13 $ 35,966 $ 617 DESCHUTES COUNTY, OREGON SUMMARY OF OVERLAPPING DEBT (As of May 31, 1989) OverlappinE District Bend Metro Park & Rec. Central Oregon Park & Rec. LaPine Special Sewer Dist. Laidlaw Water District Cloverdale RFD Black Butte Ranch RFPD Central Oregon Hospital Dist. Deschutes Co. S.D. No. 1 Deschutes Co. S.D. No. 1 Deschutes Co. S.D. No. 2J Deschutes County S.D. No. 6 Central Oregon Comm. College City of Bend City of Redmond City of Sisters Total 1987 -88 Assessed Valuation(1) $ 912,718,239 362,011,809 10,799,923 6,032,818 36,553,049 114,821,782 362,011,809 1,671,355,660 1,671,537,755 486,336,553 253,781,957 3,306,924,669 563,163,705 182,956,742 28,475,794 r Qe 5 t'45 Overlapping Net (2) Direct Debt $ 440,000 505,000 378,300 95,975 63,000 150,000 2,740,000 725,000 18,240,000 2,578,755 1,575,000 559,514 7,970,000 6,021,000 360.000 Percent Gross (1) Overlap Bonded Debt 100.0% $ 440,000 100.0 505,000 100.0 378,300 100.0 95,975 100.0 63,000 100.0 150,000 100.0 2,740,000 100.0 725,000 100.0 18,240,000 100.0 2,578,755 100.0 1,575,000 72.2 568,899 100.0 12,634,000 100.0 8,171,000 100.0 360.000 $49,224,929 $42,401,544 (1) Assessed Valuation figures used by State of Oregon Treasury Department as of May 31, 1989 are from Fiscal Year 1987 -88. Gross Debt and Net Debt figure are current as of May 31, 1989. (2) 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. (3) 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 DESCHUTES COUNTY, OREGON 1988 -89 REPRESENTATIVE LEVY RATE (Rates Per $1,000 of Assessed Value) Deschutes County County Law Enforcement County Extension and 4 -H Education Service District Central Oregon Community College City of Bend Bend Park & Recreation District Bend School District Central Oregon PUD Total Source: Deschutes County Assessor 14 $2.2511 .1009 .0405 .2754 1.6777 5.2773 1.4920 12.9029 .0082 $24.0260 0095 1746 DESCHUTES COUNTY, OREGON OUTSTANDING OBLIGATIONS (As of May 31, 1989) Final Maturity Amount Amount General Obligation Bonds Issued Date Issued Outstanding General Oblieation Improvement Debt Bancroft 10/1/81 10/1/91 $ 1,635,000 $ 695,000 Bancroft 11/1/84 10/1/94 550,000 385,000 Bancroft 12/1/85 12/1/95 940,000 740,000 Total General Obligation Improvement : $ 1.820.000 Gross Bonded Debt Issued and Outstanding: $ 1.820.000 Revenue Bonds Certificates of Participation 6/30/87 6/1/02 $ 240,000 $ 230,000 Certificates of Participation 11/15/88 5/1/09 1,500,000 1.475.000 Total $ 1,705,000 Source: Deschutes County 15 DESCHUTES COUNTY, OREGON CERTIFICATES OF PARTICIPATION, SERIES 1989 FORECAST OF CASH FLOW (Fiscal Year Ended June 30) Year Principal Interest* Total 1990 $ 45,000 $ 124,525 $ 169,525 1991 50,000 121,735 171,735 1992 50,000 118,585 168,585 1993 55,000 115,385 170,385 1994 60,000 111,810 171,810 1995 60,000 107,850 167,850 1996 65,000 103,830 168,830 1997 70,000 99,443 169,443 1998 75,000 94,682 169,682 1999 80,000 89,545 169,545 2000 85,000 84,025 169,025 2001 90,000 78,075 168,075 2002 100,000 71,775 171,775 2003 105,000 64,775 169,775 2004 110,000 57,425 167,425 2005 120,000 49,725 169,725 2006 130,000 41,325 171,325 2007 140,000 32,063 172,063 2008 150,000 22,087 172,087 2009 160.000 11.400 171.400 $ 1.800.000 $ 1.600.065 $ 3.400.065 *Preliminary, subject to change; assumed interest rates range from 6.2% to 7.125 %. 16 0095 1748 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 requests 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 Commissioners 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 Reauirement 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 $500,000, 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 Kerkoch & Co., P.C., Bend, Oregon. The latest (1987 -88) 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. Pension Plan The County participates in the State of Oregon Public Employees Retirement System (PERS), an agent multiple - employer public employee retirement system that acts as a common investment and administrative agent for governmental units in the State of Oregon. All participating employees of the County are covered by the plan after six months of employment. The plan is a defined benefit plan to which the County contributes both the employer's portion and the employee's portion. The rate of employer contribution is established by the Public Employees Retirement Board, based upon actuarial valuations. The employer contribution rate for 1987 -88 was 7.97% plus the qualified employees' contribution of 6.0 %. The total expense for the County for the 1987 -88 fiscal year was approximately $1,074,301. 17 Assets Cash & Investments Property taxes rec. Accounts receivable Total Assets Liabilities and Fund Eauitv Liabilities: Accounts payable Deferred revenue Total Liabilities Fund Balances: Undesignated Total Liabilities and Fund Equity UiJ5 1149 DESCHUTES COUNTY, OREGON GENERAL FUND BALANCE SHEET (Years Ending June 30) 1988 1987 $ 1,375,566 $ 1,148,110 982,480 794,978 69.687 37.443 $ 2.427.733 $ 1.198.531 1986 $ 1,226,553 424,024 66.464 $ 1.757.041 1985 1984 $ 1,585,107 44,414 41.197 $ 2.070.718 $ 1,499,940 461,236 81.224 $ 2.042.400 $ 58,010 $ 102,239 $ 40,081 $ 50,563 $ 33,045 861.616 689.247 339.371 384.711 438.143 $ 919.626 $ 791.486 $ 379.452 $ 435.274 $ 471,188 1.508.107 1.189.045 1.377.589 1.635.444 $ 2,427.733 $ 1.980.531 $ 1.757.041 $ 2,070,718 Source: Deschutes County audited financial statements 18 1.571.212 $ 2,042,400 Q0 95 1754 DESCHUTES COUNTY, OREGON GENERAL FUND COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (Years Ending June 30) Revenues Local Property Taxes Other taxes Licences & Fees Fines & forfeitures Charges for services Interest Other Intergovernmental Federal State Counties and cities Total Revenues 1988 $ 6,072,046 71,187 1,296,100 0 349,871 232,383 35,401 295,783 602,786 41.170 7,996.726 Expenditures Current General government 1,152,323 General services 3,476,339 Health and welfare 521,115 Sanitation 0 Capital outlay 413.523 Total Expenditures 5,563.300 Excess (deficiency) of revenues over expenditures 2.433.426 Other financing sources (uses) Operating transfers in 1,408,672 Operating transfers out (3,523,036 ) Total other financing sources (uses) (2.114.364 ) Excess (deficiency of revenues and other sources over expenditures and other uses 319,062 Fund balance - Beginning of year 1.189.045 Fund balance - End of year $ 1.508.107 1987 $ 4,605,630 68,327 966,250 0 214,099 169,882 28,760 144,702 789,298 39.160 7.015.108 1,067,370 3,334,261 442,534 0 305.072 5.149.237 1,865,871 946,116 (3.000.530) (2.054.415 ) (188,544) 1.337.589 $ 1.189,045 19 1986 1985 1984 $ 1,481,501 59,932 973,838 0 153,985 215,403 165,439 148,022 493,018 38.804 3,729,942 $ 1,366,407 $ 1,213,241 57,596 60,214 839,688 801,243 0 0 195,622 149,082 270,654 339,213 88,967 121,014 261,660 406,596 426,954 378,826 35,314 35,314 3.542.862 3,504,743 1,085,576 820,101 611,762 3,402,791 2,929,363 2,233,043 401,297 458,189 500,693 0 0 0 66,503 7,110 4.037 4,956,167 4,214,763 3,349,535 (1,226,225) (671,901) 115,208 1,426,971 1,133,782 1,181,881 (458.421) (397,649) (389,974 ) 968.370 736,133 791.907 (257,855 ) 1,635,444 $ 1,377,589 64,232 947,115 1.571,212 624,097 $ 1,635,444 $ 1,571,212 i`�JJ 171 u � DESCHUTES COUNTY, OREGON GENERAL FUND BUDGET OF REVENUES AND EXPENDITURES (Years Ending June 30) Revenues Budget 1989 Resources except property taxes $ 6,344,966 Property taxes 5,572,724 Property taxes not received (672.724) Total Revenues $ 11.244.966 Expenditures Personal services $ 4,646,028 Materials and services 1,112,835 Capital outlay 334,320 Transfers 4,023,081 Contingencies 1.128.702 Total Expenditures $ 11,244,966 20 UUkid 11U040 GENERAL AND ECONOMIC INFORMATION Deschutes County is located in the central portion of the State of Oregon. It covers approximately 3,055 square miles, and its boundaries extend from the Cascade Mountains on the west to the range and forest lands of the central Oregon plateau on the east. The Deschutes River, running north - south, bisects the County. The county seat and largest city is Bend, with a population of approximately 18,970. Bend is the largest Oregon city east of the Cascade Mountains. Other incorporated cities in Deschutes County are Redmond and Sisters. Deschutes County Population Deschutes City of City of City of Countv Bend Redmond Sisters 1988 68,700 18,970 6,950 770 1987 65,600 18,700 6,850 745 1986 65,400 18,575 6,830 725 1985 65,400 18,450 6,740 740 1984 64,000 18,270 6,675 720 1983 63,300 17,840 6,605 730 1982 64,350 17,800 6,615 730 1981 63,650 17,425 6,575 690 1980 62,500 17,300 6,480 695 1979 59,400 16,750 6,190 680 The County's economic base is centered in agriculture, lumber and wood products, and tourism. Recent figure compiled by the State of Oregon Employment Division indicate that manufacturing accounts for 18% of total employment, wholesale and retail trade accounts for 24% of total employment, services account for 26% of total employment, and government employs 18 %. Over one -half of total acreage within the County lies within the Deschutes National Forest. The U.S. Forest Service, which administers the Deschutes National Forest, has a regional office in Bend that employs approximately 430 persons. The Bend office of the U.S. Forest Service administers all recreation, timber evaluation and logging activities within the Deschutes National Forest. Major crops grown in Deschutes County include hays and silage, field crops, and grains; ranching of cattle, calves and other animals (including sheep and lambs, horses, and llamas) also accounts for a significant portion of agricultural activity in the County. Harvested acreage in the County in 1987 was approximately 26,280 acres. Gross farm sales in the County in 1988 were approximately $37,006,000 (an increase of 37% over 1987), with animal ranching responsible for over 82% of gross farm sales and crop harvesting responsible for 18 %. In recent years, recreational activities have emerged as a major economic force within the County. The Mt. Bachelor Ski Resort, one of the major ski resorts in the Pacific Northwest, is located within Deschutes County; Inn of the Seventh Mountain, Sunriver Resorts, Black Butte Ranch, and Eagle Crest Resort are all located within the County and provide year -round recreational opportunities. Expansion activities at Mt. Bachelor Ski Resort in recent years have further enhanced the recreational sector of the County's economy. Employment at Mt. Bachelor during the winter ski season is approximately 700, with year -round employment standing at approximately 120. Employment at Sunriver during the peak summer season of May to September is approximately 600, with year -round employees comprising approximately 200 of the total. Manufacturing, especially of wood products, accounts for a significant portion of economic activity in Deschutes County. Bend Millwork Systems, which employs over 1,550 persons, is engaged in the manufacturing of millwork products. Willamette Industries, located in Bend, is engaged in the manufacture of particle board and has employment of approximately 200. DAW Wood Products Company operates a sawmill in Bend, a softwood veneer and plywood manufacturing facility in Redmond. Employment at the Bend sawmill is approximately 283, while employment in the two Redmond plants is approximately 372. 21 O 95 1x'53 Beaver Coaches, located in Bend, is engaged in the manufacture of motor homes and employs approximately 250. 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 each 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 920. The Medical Center provides medical care to residents within a wide radium of Bend, including neighboring Brook, Jefferson, Lake and Klamath counties. Following are economic indicators for Deschutes County: 1987 1986 1985 1984 1983 1982 Deschutes County Total Personal Income Total Personal Income ($000) $899,600 840,000 787,400 725,500 659,900 594,100 Per Capita Income The 1987 average per capita income for Oregon State was $14,018. Source: U.S. Bureau of Economic Analysis $12,899 12,239 11,795 11,141 10,301 9,296 Major Employers in Deschutes County Company Bend Millwork Systems St. Charles Medical Center Bend School District Mt. Bachelor Ski Resort DAW Forest Products U.S. Forest Service Sunriver Resorts State of Oregon Deschutes County Oregon Community College Kaa- Nee -Ta Resort Beaver Coaches Willamette Industries Industry Wood products Health care Education Recreation Lumber and wood products National forest administration Recreation Government Government Education Recreation Motor homes Wood products (1) Includes part-time faculty Source: Bend Chamber of Commerce and individual employers 22 No. of Employees 1,550 920 815 120 -700 655 610 200 -600 550 450 345(1) 90 -260 250 200 0095 1754 Deschutes County Building Permits Permits Issued Value of Buildings Year Residential Non - Residential Residential Non - Residential 1988 747 120 $60,998,240 $17,651,488 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 Deschutes County Nonagricultural Wage & Salary Employment (By Place of Work) Change From March Feb. March Feb. March 1989* 1988 1988 1989 1989 Total 27,070 26,670 25,990 400 1,080 Manufacturing 4,860 4,810 4,590 50 270 Durable Goods 4,230 4,170 3,980 60 250 Lumber & wood 3,120 3,090 2,960 30 160 Other durable goods 1,110 1,080 1,020 30 90 Nondurable Goods 630 640 610 -10 20 Food products 130 140 120 -10 10 Other nondurable goods 500 500 490 0 10 Nonmanufacturing 22,210 21,860 21,400 350 810 Construction 1,150 1,060 1,060 90 90 Transportation, Communication, & Utilities 980 990 930 -10 50 Trade 6,540 6,400 6,340 140 200 Finance, Insurance & Real Estate 1,730 1,710 1,660 20 70 Services & miscellaneous 7,060 7,000 6,860 60 200 Government 4,750 4,700 4,550 50 200 Labor - Management Disputes 0 0 0 0 0 *Preliminary Source: State of Oregon Employment Division Deschutes County Resident Civilian Labor Force and Unemployment March Feb. March 1989* 1989 1988 Resident Civilian Labor Force 36,940 36,750 35,640 Employment 34,040 33,730 32,620 Unemployment 2,900 3,020 3,020 Unemployment Rate 7.9% 8.2% 8.5% The preliminary March 1989 unemployment rate for Oregon State was 5.1 %. Source: State of Oregon Employment Division, Department of Human Resources 23 (1,2:95 1755 OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM The Oregon Public Employees Retirement System collects contributions from both employers and employees for the purpose of funding retirement benefits (called "retirement allowances "). The system at December 31, 1987, covered approximately 113,285 state and local government Oregon employees and 50,466 retired employee - beneficiaries. The system is administered by the Oregon Public Employees Retirement Board. Employee contributions and employer contributions are collected and used to fund a full formula pension retirement allowance. The pension is based on a statutory formula and is set according to employee's final average salary and term of service. Such pensions are paid exclusively out of interest and principal accumulations from employer contributions. The following figures reflect the total system assets as of December 31, 1987, and the other figures represent transactions during the 1987 calendar year: Total system assets at book value $ 7,720,502,193 Total system benefit payments made 274,081,008 Total employer contributions 287,795,014 Total employee contributions 160,357,774 Total system investment income 545,117,837 Total annual payroll of members covered by the system 2,826,023,317 The system's pension program is a defined benefit plan, and requires periodic actuarial review. Under ORS 237, this review must be performed at least every four years. The Governmental Accounting Standards Board (GASB) requires actuarial reviews every two years with an actuarial update between years. The most recently completed evaluation, conducted by the firm of Milliman and Robertson, Inc., indicates total assets of $8,408.7 million as of December 31, 1987. For the system as a whole, the unfunded actuarial liability under the entry age actuarial cost method was $881.8 million as of December 31, 1987. To amortize this unfunded liability over the 30 -year period ending December 31, 2017, 1.25 percent of future payroll will be required. In addition, a contribution of 0.75 percent of future payrolls is required to fund previously granted benefit improvements to retirees. The aggregate employer normal cost is 9.30 percent of payroll, thus requiring a total employer contribution rate of 11.30 percent. At the August, 1988 meeting, the Retirement Board adopted new contribution rates for all employers. All employers have district contribution rates and none bears the responsibility to fund the benefits of other employers. Rate decreases will be effective January 1, 1990 and rate increases will be implemented in two steps effective January 1, 1991 and 1992. All state agencies and community colleges are considered one employer, and for the purposes of actuarial computation under ORS 237.081(1) all school districts are also regarded as constituting one employer. 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." 24 0095 1756 TAX EXEMPTION In the opinion of Lindsay, Hart, Neil & Weigler, Portland, Oregon, Special Counsel, under existing law and conditioned on the County complying with certain covenants designed to maintain the federal tax- exempt status of the Certificates, interest on the Certificates (including any original issue discount properly allocable to the holders thereof) is excluded from gross income of Certificateholders for federal income tax purposes. If the County fails to comply with its covenants, Interest may become retroactively taxable. Interest is not a preference item for purposes of the alternative minimum tax imposed on individuals or corporations. However, Certificate interest may be taken into account for the alternative minimum tax and environmental tax imposed on certain corporations. The Certificates have been designated as "qualified tax- exempt obligations" under Section 265 of the Internal Revenue Code of 1986, as amended (the "Code "). The interest on the Certificates (including any original issue discount properly allocable to the holders thereof) is exempt from personal income taxation by the state of Oregon. Special Counsel expresses no opinion regarding other federal or state tax consequences arising with respect to the Certificates. Prospective purchases of the Certificates should be aware that many provisions of the Code, while not imposing a tax directly on otherwise tax- exempt interest, reduce other tax benefits for certain classes of recipients of tax- exempt income. Prospective purchases of the Certificates should consult their tax advisors about the applicability of any such collateral provisions, including, but not limited to, the following: (i) with respect to insurance companies subject to the tax imposed by Section 831 of the Code, for taxable years beginning after December 31, 1986, Section 832(b)(5)(i) reduces the deduction for loss reserves by 15 percent of the sum of certain items, including interest on the Certificates; (ii) for taxable years beginning after December 31, 1986, interest on the Certificates earned by certain foreign corporations doing business in the United States could be subject to a branch profits tax imposed by Section 884 of the Code; (iii) passive investment income, including interest on the Certificates, may be subject to federal income taxation under Section 1375 of the Code for Subchapter S corporations that subject Subchapter C earnings and profits at the close of the taxable year if greater than 25 percent of the gross receipts of such Subchapter S corporation is passive investment income; and (iv) Section 86 of the Code requires recipients of certain Social Security and Railroad Retirement benefits to take into account in determining gross income, receipts of accruals of interest on the Certificates. Prospective purchasers should also be aware that with respect to the computation of the Federal alternative minimum tax liability of corporations (H.R. 1761), recently proposed legislation would repeal the inclusion of a portion of corporate adjusted current earnings as an item of tax preference and instead would treat 100 percent of the interest on all tax- exempt obligations, including the Certificates, as an item of tax preference for taxable years beginning after December 31, 1989. Special Counsel expresses no opinion whether or in what form such proposed legislation may be enacted. Prospective investors should consult with their tax advisors as to all federal, state and local tax consequences of investing in the Certificates. 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. 25 0,95 t?57 APPENDIX A 1001 FOURTH AVENUE PLAZA (SEAFIRST BLDG.), SUITE 3200 SEATTLE. WASHINGTON 98154 (208) 023-4711 122510TH STREET.N.W. SUITE 200 WASHINGTON, D. C. 20036 12021 393.4480 LINDSAY, HART, NEIL & I EIGLER LAW YE SUITE 1800 222 S. W. COLUMBIA PORTLAND, OREGON 97201-6018 TELEPHONE 1503) 228.1191 TELECOPIER 1503) 226 -0079 TELEX 494-7032 LEGAL OPINION Deschutes County, Oregon 1164 N.W. Bond Street Bend, Oregon 97701 Seattle- Northwest Securities Corporation 1300 S.W. Fifth Avenue, Suite 3030 Portland, Oregon 97201 Security Pacific Bank Oregon Corporate Trust Department 1001 S.W. Fifth Avenue Portland, Oregon 97204 0395 1758 JEFFERSON PLACE 650 N. 9TH. SUITE 400 BOISE. IDAHO 83702 (208) 336.8844 345 CALIFORNIA STREET SUITE 2200 SAN FRANCISCO, CALIFORNIA 94104 14151084-5858 Re: $1,800,000 Certificates of Participation, Series 1989, Evidencing Undivided Proportionate Ownership Interests in the installment Payments under an Installment Purchase and Trust Agreement between Deschutes County, Oregon as Purchaser and Security Pacific Bank Oregon as Trustee. We have acted as special counsel in connection with the authorization and execution by Deschutes County, Oregon (the "County ") of an Installment Purchase and Trust Agreement between the County, as Purchaser, and Security Pacific Bank Oregon, as Trustee, which is dated as of June 1, 1989 (the "Agreement "). The Agreement provides for the execution and delivery by the Trustee of Certificates of Participation, Series 1989 (the "Certificates ") in the aggregate principal amount of One Million Eight Hundred Thousand Dollars ($1,800,000). The Certificates represent undivided proportionate ownership interests in specified Installment Payments to be made under the Agreement by the Purchaser. Any capitalized terms not defined herein shall have the meanings assigned to them in the Agreement. We have examined the law, a duly certified transcript of proceedings of the County, prepared in part by us, relating to the execution and delivery of the Agreement and the Certificates, and other documents which we deem necessary to render this opinion. LINDSAY, HART. NEIL & WEIGLER Legal Opinion , 1989 Page 2 OA5 1759 We have relied on the representations of the County contained in the Agreement and in the certified proceedings and other certifications of public officials regarding questions of fact material to our opinion and have not undertaken to verify the same by independent investigaton. 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, if any, stated in the official statement, and we express no opinion relating thereto, excepting only the matters set forth as our opinion in the official statement. Based on our examination, we are of the opinion, under existing law, as follows: A. The Agreement has been duly authorized, executed and delivered by the County, and constitutes a valid and binding agreement of the Purchaser which is enforceable in accordance with its terms. The obligation of the County to make Installment Payments is subject to annual appropriation of funds. B. The interest component of the Installment Payments to be made under the Agreement ( "Interest ") (i) is excluded from gross income of Certificate owners for federal income tax purposes and (ii) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that with respect to corporations (as defined for federal income tax purposes), such Interest is taken into account in determining adjusted net book income (adjusted current earnings for taxable years ending after December 31, 1989) for the purpose of computing the alternative minimum tax imposed on such corporations and for purposes of computing such corporations' environmental tax liabilities. The opinion set forth in (i) above is subject to the condition that the Purchaser comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code "), that must be satisfied subsequent to the execution and delivery by the Trustee of the Certificates in order that Interest be (or continue to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements would cause such Interest to be so included for federal income tax purposes in gross income of Certificate owners retroactively to the date of execution and delivery of the Certificates. The Purchaser has covenanted to comply with all such requirements. LINDSAY, HART. NEIL & WEIGLER Legal Opinion , 1989 Page 3 005 taPO C. The Agreement and the Certificates are not private activity bonds under Section 141 of the Code. D. Interest is exempt from personal income taxation by the State of Oregon. E. Legislation is now pending before the United States Congress which, if enacted, would require corporations to treat 100 percent of Interest as an item of tax preference for tax years beginning after December 31, 1989. F. We express no opinion regarding other federal or state tax consequences arising with respect to the Installment Payments or the Certificates. G. The opinions set forth above are qualified only to the extent that rights and remedies of the Certificate owners and the Trustee may be limited or rendered ineffective by applicable bankruptcy, insolvency, reorganization, moratorium 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: Richard D. Roberts CWCcwc1560