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1992-40355-Resolution No. 92-089 Recorded 11/19/1992REVIEWED 92-40355 C OU S J;ILE; - L OUNS;EL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUry, OREGON A Resolution Adopting the Preliminary Official Statement Relating to Deschutes County's Issuance of General Obligation Bonds in the Principal Amount of $7,000,000.00, Dates as of December 1, 1992. RESOLUTION NO. 92-089 M19-1493 WHEREAS, the Board of County Commissioners authorized the issuance of General Obligation Bonds in the principal amount of Seven Million and No/100 Dollars ($7,000,000.00), dated as of December 1, 1992; and WHEREAS, a preliminary Official Statement was prepared for this issue by Public Financial Management, Inc., the County's financial consultant; and WHEREAS, the preliminary Official Statement was available prior to the offer for sale of the General Obligation Bonds; 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 f act, omit to state a material f act in light of the circumstances under which the statements were made, contain any misleading statements, and that the preliminary Official Statement is representative 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 General Obligation Bonds, to be issued by Deschutes County, Oregon, dated as of December 1, 1992. DATED this 16th day of November, /1992. BOARD OF COUNTY COMMISSIONERS OF DYXCPUTES COUNTY, OREGON TTES ecordinag Secretary 1 - RESOLUTION NO. 92-089 (11/16/92) E uommis n C "1 0 F; L 1A F D V 4; co c,3 E� 0 ed E �2 E E cd E co 0 ,U U co E 0 10 U cl E E 1�� E =1 A E 0 c; E t PRELIMINARY OFFICIAL STATEMENT DATED: November 12,1992 NEW ISSUE - COMPETITIVE SALE DATE: December 2,1992 BOOK -ENTRY RATING: Moody's: In the opinion of Preston Thorgrimson Shidler Gates & Ellis, Bond Counsel, under existing law and conditioned on the Issuer complying with certain covenants relating to tax exempt status of the Bonds, interest on the Series 1992 Bonds is excluded from gross income of Bondholders for federal income tax purposes and is not an item of tax preference for purposes of determining alternative minimum taxable income for individuals and corporations under the Internal Revenue Code of 1986, as amended ("the Code"). The interest on the bonds may, however, be subject to other collateral tax consequences. In the opinion ofBond Counsel, interest on the bonds is exemptfrom personal income taxation by the State of Oregon. See "Tax Exemption" herein. DESCHUTES COUNTY,OREGON $790009000 0119-1494 GENERAL OBLIGATION BONDS Series 1992 DATED: December 1, 1992 DUE: December 1, as shown below The Series 1992 Bonds (the "Bonds") are fully registered bonds in $5,000 denominations or integral multiples thereof. Interest is payable semiannually on the first day of December and June, beginning December 1, 1993, through the principal corporate trust offices of the registrar and paying agent of the County, currently United States National Bank of Oregon, Portland, Oregon. The Bonds will be issued as fully registered bonds in book -entry form only, registered initially in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchasers of Bonds will not receive physical delivery of Bond certificates. Rather, registration of ownership of the Bonds and subsequent transfers of any Bonds will be made through the Book -Entry System. During any period in which the Bonds are subject to the Book -Entry System, payment of the principal of, premium (if any) and interest on the Bonds will be paid through DTC and DTC Participants. Bond proceeds will be used to finance construction of a county correctional facility and to pay the costs of issuance of the Bonds. The County is obligated to levy on all taxable property within the County a direct ad valorem tax, in addition to other monies, sufficient to pay bond principal and interest promptly when and as they become due. MATURITY SCHEDULE Due Principal Interest Price or Due Principal Interest Price or December I Amoun Rak Xidd December 1 Amoun &t& Ew 1994 $195,000 % 2004 $365,000 % 1995 215,000 2005 390,000 1996 240,000 2006 415,000 1997 250,000 2007 440,000 1998 265,000 2008 470,000, 1999 280,000 2009 500,000 2000 295,000 2010 530,000 2001 310,000 2011 565,000 2002 325,000 2012 605,000 2003 345,000 Redemption Provision - The bonds maturing on or after June 1, 2003 are subject to optional redemption as described further herein. Bank Designation - These bonds, combined with all other anticipated tax-exempt issues of the County, total less dian $10,000,000 for calendar year 1992. Therefore the County has designated the Bonds as "qualified tax-exempt obligations" pursuant to the Internal Revenue Code of 1986. Legal Opinion - The Series 1992 Bonds are offered for sale to the original purchaser pursuant to the official Notice of sale of the County, subject to the final approving opinion of Preston Thorgrimson Shidler Gates & Ellis, Portland, Oregon, Bond Counsel. It is expected that the bonds in definitive form will be available for delivery in Portland, Oregon or through the Depository Trust Company in New York, on or about December 17, 1992. FINANCIAL ADVISOR: Public Financial Management, Inc. 1300 SW Fifth Avenue, Suite 2929, Portland, Oregon 503/223-3383 OFFICIAL STATEMENT OF DESCHUTES COUNTY OREGON RELATING TO $7,000,000 GENERAL OBLIGATION BONDS SERIES 1992 COUNTY COMMISSIONERS Dick Maudlin Nancy Pope Schlangen Tom Throop ELECTED OFFICIALS District Attorney: Mike Dugan TreasurerlTar Collector: Helen M. Rastovich Sheriff. Darrel Davidson County Clerk: Mary Sue Penhollow Assessor: Oscar B. Bratton Surveyor- Jeff Kerns APPOINTED OFFICIALS Administrative Services Director: MikeMaier County Counsel: Rick Ishain PROFESSIONAL SERVICES Preston Thorgrimson Shidler Gates & Ellis, Bond Counsel Public Financial Management, Inc., Financial Advisor Chair Member Member 0119-1495 This Official Statement has been designed to conform, where applicable, to the guidelines presented in Disclosure Guidelines for Offerings of Securities by State and Local Governments, published by the Government Finance Officers Association in 1976 and revised in 1979, 1988 and 199 1. This Official Statement is intended only to furnish information in connection with the public invitation for bids for the purchase of these Bonds. The Official Statement DOES NOT constitute a recommendation, expressed or implied, to purchase or not to purchase these Notes or any other previous debt of the issuer. The date of this Preliminary Official Statement is November 12, 1992. 1 0119-1496 TABLE OF CONTENTS THE PROJECT Table 1: Sources and Uses of Funds 5 DEBT INFORMATION Page MAP OF OREGON 6 OFFICIAL NOTICE OF SALE NOS - I BOND ISSUE SUMMARY BIS - I BOOK -ENTRY SYSTEM I DESCHUTES COUNTY 6 Government 3 The Board of Commissioners 3 Administration 3 Staff 4 THE PROJECT Table 1: Sources and Uses of Funds 5 DEBT INFORMATION Debt Summary 6 Debt Limitation 6 Debt Authorization 6 Debt Management 6 Future Debt Plans 6 Table 2: Outstanding Obligations as of October 14, 1992 7 Lease Purchase Agreements 7 Short Term Debt 7 Leases and Contract Payments 7 Accrued Vacation Liability 7 Table 3: Overlapping Debt as of October 14, 1992 8 Table 4: Combined Debt Service Requirement Total Principal and Interest 9 Pension Plan to Table 5: Employer Contributions to Retirement Plan 10 TAX INFORMATION The Property Tax Limitation Measure I I Synopsis of Property Tax Administration 12 Table 6: Tax Collection Record 14 Table7: Consolidated 1992-93 Tax Rate Code Area 01-01 15 Table 8: Major Taxpayers 15 FINANCIAL INFORMATION Budgetary Process and Controls 16 Fiscal Year 16 Financial Reporting 16 Audit Requirements 16 Table 9: Summary of 1992-93 Budget 17 Table 10: Budget and Bond Elections 18 Table 11: General Fund Balance Sheets 19 Table 12: General Fund Consecutive Statement of Revenue and Expenditures 20 Table 13: First Quarter Statement of Revenues and Expenditures 21 GENERAL AND ECONOMIC INFORMATION Land Use Planning Population Employment Economic Development Tourism and Recreation Transportation Agriculture Utilities Public Facilities Information Sources Economic and Demograpffic Tables Table 14: Population Estimates Table 15: Average Annual Unemployment Table 16: Labor Force Table 17: Employment Annual Averages and Percent Distribution by Industry Table 18: Major Employers 1992 Table 19: Retail Trade Table 20: Income Estimates - Table 21: Gross Farm Sales Table 22: Building Activity Rating Legal Matters Underwriting Tax Exemption Financial Advisor Miscellaneous Concluding Statement APPENDIX A: June 30, 1991 Audited Financial Statements (Partial) APPENDIX B: Legal Opinion APPENDIX C: Oregon Public Employees Retirement System 0119-1497 22 22 22 23 23 24 24 24 24 25 25 26 27 27 28 29 29 30 30 31 32 32 32 32 34 34 34 ri 0119-1498 0 0 ZZ SO Ul t ce ce PY u L:j -AU sjj7 La QQ,,, 1% - - - - ------------- -------- -- rc si- > OZ 5.. ri d SO -10 Z) N 1 -1 05 06 Z:f n o v 3 cy 0119-1499 Official Notice of Bond Sale f $79000,000 Deschutes County, Oregon General Obligation Bonds Series 1992 NOTICE IS BEREBY GIVEN that sealed bids will be received on behalf of Deschutes County Oregon (the "County"), for the purchase of its General Obligation Bonds, Series 1992 (the "Bonds"), until 10:00 o'clock a.m. (Pacific Time) on Wednesday, December 2, 1992, at the offices of Preston Thorgrimson Shidler Gates & Ellis, 3200 U.S. Bancorp Tower, I I I S.W. Fifth Avenue, Portland, Oregon 97204, at which time they will be publicly opened and announced. The bids shall be considered and acted upon by the County within four hours. ISSUE: The issue shall be in the aggregate principal amount of SEVEN MILLION DOLLARS ($7,000,000), consisting of registered Bonds in denominations of Five Thousand Dollars ($5,000) or integral multiples thereof, all dated December 1, 1992. INTEREST RATE: The maximum interest rate shall not exceed a true interest cost of nine percent (9%) per annum. Interest is payable semiannually on December I and June I of each year until maturity or prior redemption, commencing December 1, 1993. Bidders must specify the interest rate or rates which the Bonds hereby offered for sale shall bear. The bids shall comply with the following conditions: (1) each interest rate specified in any bid must be a multiple of 1/8th or 1/20th of one percent (1%); (2) no Bond shall bear more than one rate of interest; (3) each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; (4) all Bonds maturing at any one time shall bear the same rate of interest; and, (5) interest rates specified for any maturity shall not be less than rates specified for any earlier maturity. MATURITIES: The Bonds shall mature on December I of each year as follows: NOS - 1 U 0119-1500 A Date Amount Date Amount 1994 $195,000 2004 $365,000 1995 215,000 2005 390,000 1996 240,000 2006 415,000 1997 250,000 2007 440,000 1998 265,000 2008 470,000 1999 280,000 2009 500,000 2000 295,000 2010 530,000 2001 310,000 2011 565,000 2002 325,000 2012 605,000 2003 345,000 TERM BONDS AND MANDATORY SINKING FUND REDEMPTION: Bidders have the option of specifying in their bid proposal that all of the principal amount of the bonds scheduled in any two or more consecutive years may, in lieu of maturing in each such year, be combined to comprise one or more maturities of the Bonds scheduled to mature in the latest year of each such combination. The term bonds so specified by the bidder shall be subject to mandatory sinking fund redemption at par in the principal amounts in each year during the combined period of such Bonds which would otherwise have been scheduled to mature in such years. REGISTRATION: The Bonds will be issued in fully registered form, and may be exchanged at the expense of the County for similar Bonds of different authorized denominations. Bonds may not be converted to bearer form. OPTIONAL REDEMPTION: The County reserves the right to redeem all or any portion of the Bonds then outstanding, by lot, on the following dates and at the following prices expressed as percentages of the principal amount, plus accrued interest to the date fixed for redemption: If Redeemed On Redemption PHce December 1, 2002 or June 1, 2003 101.0% December 1, 2003 and thereafter 100.0 NOTICE OF REDEMPTION: Notice of any call for redemption, unless waived by the holders of the Bonds to be redeemed, shall be mailed not less than thirty days and not more than sixty days prior to such call to the registered owners of the Bonds, and otherwise given as required by the authorizing Bond Resolution and by law or as required by The Depository Trust Company; however, any failure to give notice shall not invalidate the redemption of the Bonds. All Bonds called for redemption shall cease to bear interest from the date designated in the notice. NOS - 2 0119-1501 PAYMENT: Principal and interest are payable, either at maturity or upon earlier redemption, through the registrar and paying agent of the County, which is currently United States National Bank of Oregon, in Portland, Oregon. As book -entry bonds, the principal of and interest on the bonds will be payable by the registrar and paying agent through The Depository Trust Company. Interest is payable by check or draft which will be mailed on the interest payment date (or the next business day if the interest payment date is not a business day) to the registered owners at their addresses appearing in the Bond Register as of the fifteenth day of the month preceding an interest payment date. PURPOSE: The Bonds are being issued to finance, in part, to acquire property, construct jail and related facilities and to pay all costs incidental thereto. The Bonds were authorized at a special election held within the County on November 5, 1991. SECURITY: The Bonds are general obligations of the County. The County has covenanted to levy an ad valorem tax annually which, with other available funds, will be sufficient to pay Bond principal and interest as they come due. BOND INSURANCE: Application will be made for qualification of the Bonds for debt service insurance. If the Bonds qualify for municipal bond insurance, any purchase of such policy shall be at the sole option and expense of the bidder. Failure of the Bonds to be so insured or of any such policy to be issued shall not in any manner relieve the successful bidder of his contractual obligations arising from the acceptance of his proposal for the purchase of the Bonds. LEGAL OPINION: The approving opinion of Preston Thorgrimson Shidler Gates & Ellis, Bond Counsel, of Portland, Oregon, will be provided at no cost to the purchaser, and will be printed on the Bonds at the expense of the County. TAX-EXEIVIPT STATUS: In the opinion of Bond Counsel, under existing law and conditioned on the County complying with certain covenants relating to the tax-exempt status of the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes (except for certain taxes on corporations). The Bonds are not "private activity bonds" under Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"). In the opinion of Bond Counsel, the interest on the Bonds is exempt from personal income taxation by the State of Oregon under present state law. Bond Counsel expresses no opinion regarding other federal or state tax consequences arising with respect to the Bonds. The County has the !egal authority to comply with its covenants. BEST BID: The Bonds will be awarded to the responsible bidder whose proposal will result in the lowest true interest cost to the County. True interest cost will be determined by doubling the semiannual interest rate necessary to discount the debt service to December 1, 1992, and the price bid for the Bonds. Each bidder is requested to supply the total interest cost and the NOS - 3 0119-1502 true interest cost that the County will pay upon the issue if the bid is accepted. The purchaser must pay accrued interest, computed on a 360 -day basis, from the date of the Bonds to the date of delivery. The cost of printing the Bonds will be paid by the County. CERTIFICATE REGARDING INITIAL OFFERING PRICE: To provide the County with information required to enable it to comply with certain conditions of the Internal Revenue Code of 1986, as amended, relating to the exclusion of the interest on the Bonds from the gross income of their owners, the successful bidder will be required to complete, execute and deliver to Bond Counsel (on or before three business days prior to the date of delivery of the Bonds) a certification provided by Bond Counsel as to the "issue price" of each maturity of the Bonds. In the event the successful bidder has (1) purchased the bonds for its own portfolio without intention to resell the Bonds, or (2) made a bona fide private placement of the Bonds, such certificate may be modified in a manner provided by Bond Counsel. Each bidder, by submitting its bid, agrees to complete, execute and deliver such a certificate, if its bid is accepted by the County. Failure to honor this agreement may result in the cancellation of the sale and the forfeiture of the successful bidder's good faith deposit. DELIVERY: Closing will occur in Portland, Oregon. Delivery of the Bonds will be made without cost to the successful bidder at The Depository Trust Company, New York, New York. Payment for the Bonds must be made in immediately available funds. Delivery of the Bonds will be made within thirty days. FORM OF BID: All bids must be for not less than all the Bonds hereby offered for sale, and for not less than 98.75% of the par value thereof and accrued interest to the date of delivery. Each bid together with bidder's check as herein specified must be enclosed in a sealed envelope addressed to the County and designated "Proposal for Bonds." BID CHECK: All bids must be unconditional and accompanied by a certified or cashier's check on a bank doing business in the State of Oregon for One Hundred Forty Thousand Dollars ($140,000) payable to the order of the County to secure the County from any loss resulting from the failure of the bidder to comply with the terms of its bid. Checks will be forfeited to the County as liquidated damages in case the bidder to whom the Bonds are awarded withdraws its bid or fails to complete its purchase in accordance with the terms thereof No interest shall be allowed on the deposit but the check of the successful bidder will be retained as part payment of the Bonds or for liquidated damages as described above. Checks of the unsuccessful bidders will be returned by the County promptly. RIGHT OF REJECTION: The County reserves the right to reject any or all bids, and to waive any irregularities. OFFICIAL STATEMENT AND FURTHER INFORMATION: Further information and a preliminary official statement relating to the Bonds will be provided upon request to its financial advisor, Public Financial Management, Inc., Suite 2929, 1300 S.W. Fifth Avenue, Portland, Oregon, 97201, telephone: (503) 223-3383. NOS - 4 0119-1503 COMPLIANCE WITH SEC RULES: The County agrees to provide the successful bidder with up to 150 copies of the official statement in a form "deemed final" by the County for the Bonds at the expense of the County, and such additional copies as the successful bidder may request in its bid form at the expense of the bidder, not later than the seventh business day following the date on which bids are due. Bidders should expect that the official statements will not be available prior to the seventh business day following the date on which bids are due, and should not issue confirmations which request payment prior to that date. The successful bidder must provide the reoffering yields or prices which will be printed on the cover of the final official statement to the Countys financial advisor within twenty-four hours after bids are opened. This provision will constitute a contract with the successful bidder upon acceptance of its bid by the County, in compliance with Section 240.15c2 -12(b)(3) in Chapter II of Title 17 of the Code of Federal Regulations. CUSIP: CUSIP numbers will be imprinted upon all Bonds of this issue at the County's expense. Failure to print, or improperly imprinted numbers will not constitute basis for the purchaser to refuse to accept delivery. NO LITIGATION: At the time of payment for the delivery of said Bonds, the County will furnish the successful bidder a certificate that there is no litigation pending affecting the validity of the Bonds. FURTHER INFORMATION: Additional information regarding the County and this sale may be obtained from Mike Maier, Administrative Director, Deschutes County, 1130 N.W. Harriman Street, Bend, Oregon, 97701, telephone: (503) 388-6565. Administrative Director Deschutes County, Oregon NOS - 5 BOND ISSUE SUMMARY 0119-1504 DESCHUTES COUNTY, OREGON $7,000,000 GENERAL OBLIGATION BONDS, SERIES 1992 This summary is subject in afl respects to more complete information contained in this Preliminary Official Statement. This Preliminary Official Statement is final except for certain information relating to pricing and the inclusion of term bonds, if any. The offering of these Bonds to potential investors is made only by means of this entire Preliminary Official Statement, including the appendices hereto. No person is authorized to detach this summary from this Preliminary Official Statement or otherwise to use it without this entire Preliminary Official Statement, including the appendices hereto. SALE DATE: December 2, 1992, 10:00 am., Prevailing Pacific Time. DATE OF ISSUE: December 1, 1992. RATING: The County has applied to Moody's Investors Service for a rating on this issue. PURPOSE. The Bonds are being issued to finance the construction of a correctional facility and to pay the costs of issuance of the Bonds. DENOMINATIONS: $5,000 or integral multiples thereof. MATURITIES: Principal is payable December 1. Interest is payable June I and December 1, commencing December 1, 1993. Maturity Principal Maturity Principal Date Amount Date Amount 12/01/94 $195,000 12/01/04 365,000 12/01/95 215,000 12/01/05 390,000 12/01/96 240,000 12/01/12 415,000 12/01/97 250,000 12/01/07 440,000 12/01/98 265,000 12/01/08 470,000 12/01/99 280,000 12/01/09 500,000 12/01/00 295,000 12/01/10 530,000 12/01/01 310,000 12/01/11 565,000 12/01/02 325,000 12/01/12 605,000 12/01/03 $345,000 AVERAGE LIFE: .12.749 years. BIS - I P I 0119-1505 OPTIONAL The County reserves the right to redeem all or any portion of the Bonds then REDEMPTION: outstanding, by lot, on the following dates and at the following prices expressed as percentages of the principal amount, plus accrued interest to the date fixed for redemption: Redemption Date Redemption Price December 1, 2002 or June 1. 2003 101.0% December 1, 2003 and thereafter 100.0% Notice of redemption, unless waived by the holders of the Bonds to be redeemed, shall be mailed not less than 30 days and not more thart 60 days prior to the redemption date to the registered owners of the Bonds, and as otherwise required by the Bond Resolution and by law or as required by the Depository Trust Company-, however, any failure to give notice shall not invalidate the redemption of the Bonds. All Bonds called for redemption shall cease to bear interest from the date designated in the notice. MANDATORY REDEMPTION Bidders have the option of specifying in their bid proposal that all of the principal OF TERM BONDS amount of the bonds scheduled in any two or more consecutive years may, in lieu of manning in each such year. be combined to comprise one or more maturities of the Bonds scheduled to mature in the latest year of each such combination. 'Me term bonds so specified by the bidder shall be subject to mandatory sinking ftmd redemption at par in the principal amounts in each year during the combined period of such Bonds which would otherwise have been scheduled to mature in such years. BANK DESIGNATION: These Bonds, combined with all other anticipated tax-exempt issues of the County, total less than $10,000,000 for calendar year 1992. Therefore the County has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. REOFFERING: The successful bidder must certify the initial reoffering price for each maturity of the Bonds to the County's Bond Counsel not less than three business days- prior to closing. This certification shall constitute the sale at a price no greater than the reoffering price until at least ten percent of the principal amount of each maturity is sold at a price less than or equal to the certified reoffering price. Failure to honor this agreement may result in cancellation of the sale and forfeiture of the bidder's good faith deposit. This requirement from Bond Counsel is intended to satisfy the requirements of the Internal Revenue Code of 1986. REGISTRATION The Bonds will be issued in fully registered book -entry form through the Depository BOOK -ENTRY: Trust Company, New York, New York. REGISTRAR/ The Bonds will be registered and payable upon presentation at the principal PAYING AGENT. corporate trust offices of United States National Bank Oregon, Portland, Oregon, as paying agent. Interest on the Bonds is payable by check of the paying agent mailed to the registered owner. RECORD DATE: The 15th day of the month preceding a bond payment date. AUTHORIZATION: These bonds were authorized by the County's voters at a special election held on November 5, 199 1. BIS - 2 0119-1506 SECURITY: These Bonds are general obligations of the County. ne primary source of payment for these Bonds is property taxes. The County has the power and is obligated to cause ad valorem taxes, without limitation as to rate or amount. to be levied annually upon all taxable property within the boundaries of the County in an amount sufficient with other available monies to pay the principal of and interest upon the Bonds. The Bonds are exempt from the property tax limitation requirements specified in Article XI Section I l(b) of the Oregon Constitution. See "Tax Limitation" herein. DISCOUNT: Bids must be for not less than 98.75% of the par value. BIDDING LIMITATIONS: Each interest rate must be in multiples of 1/8 or 1/20 of one percent. The true interest cost may not exceed 9%. No single interest rate may exceed 10%. Ile rate bid for any maturity shall not be less than the rate bid for any earlier maturity. DEBT LIM1ITATION. ORS 287.054 provides that the aggregate amount of outstanding general obligation bonds of the County, shall at no time exceed two percent of the County's assessed value. TAX EXEM[PT STATUS: In the opinion of Bond Counsel, under existing law and conditioned on the County complying with certain covenants relating to the tax-exempt status of the Bonds. interest on these Bonds is excluded from gross income of bondholders for federal income tax purposes. Bond interest may be subject to other federal tax consequences. The interest on the Bonds is exempt from personal income taxation by the State of Oregon. See Appendix B. LEGAL OPINION: The unqualified legal opinion of Preston Tliorgrimson Shidler Gates & Ellis, Bond Counsel, Portland, Oregon, will be furnished free of charge to the original purchaser of the Bonds. A copy of the legal opinion will be printed on the Bond. A copy of the legal opinion is provided in Appendix C. PENDING LITIGATION: There is no litigation pending or threatened against the County that would in any way relate to the bond issue. DEFAULT: The County has never defaulted on any debt obligation. REMEDIES IN THE EVENT In the opinion of Bond Counsel, if the County were to default, the County could be OF DEFAULT: compelled by a court of competent jurisdiction, in an appropriate proceeding, to levy annually a tax, without limit as to rate or amount. sufficient to pay principal and interest on the Bonds and to order payment on the Bonds from funds lawfully available therefore. In exercising its discretion as to whether to enter such an order, the court may take into account all relevant factors including the current operating needs of the County and the availability and adequacy of other remedies. Enforcement of a claim for payment of principal or of interest on bonds may also be subject to the applicable provisions of federal bankruptcy laws and -to the provisions of other statutes, if any, hereafter enacted by the Congress or the State Legislature extending the time for payment or- imposing other constraints upon enforcement insofar as the same may be constitutionally applied. CUSIP NUM13ERS: CUSIP identification numbers will be printed on the Bonds at the expense of the County. LEGALITY OF The bonds are legal investments for all Oregon trust funds, commercial and savings INVESTMENT: banks, trust companies and funds of insurance companies. BIS - 3 0119-1507 APPROVAL OF COUNSEL: Legal matters incident to the authorization. issuance and sale by the County of these Bonds are subject to the unqualified approving opinion of Bond Counsel. Bond Counsel has not independently verified the accuracy or completeness of the representations in this Preliminary Official Statement except that information contained in the preceding sections relating to the Bonds entitled "Authorization," "Security," "Debt Limitation." and "Tax Exempt Status." EXPERTS: The most recent audit report is for the fiscal year ended June 30, 1991, which was rendered by Donaca. Battleson, Kerkoch. and Co.. P.C. independent certified public accountants, Bend, Oregon. The auditors were not requested to review this Preliminary Official Statement and have not completed any additional auditing or review procedures subsequent to the issuance of their report on the 1991 fiscal year. Copies of the complete 1991 audit are available upon request. Sections of the June 30, 1991 audit are contained in Appendix A. INFORMATION SOURCES: The information contained in this Preliminary Official Statement has been obtained from the County and State of Oregon public records or from the sources indicated in the statement. Ms Preliminary Official Statement describes the affairs of the County up to the date of this statement, it does not purport to describe the affairs of the County after that date. DELIVERY: It is expected that the Bonds in definitive form will be available for delivery in Portland. Oregon or through the Depository Trust Company in New York, on or about December 17, 1992. ADDITIONAL Public Financial Management, Inc., 1300 SW Fifth Avenue, Suite 2929, Portland, INFORMATION: Oregon, 97201, phone (503) 223-3383. BIS - 4 BOOK -ENTRY SYSTEM 0119-1508 When the Bonds are issued, ownership interest will be available to purchasers only through a book -entry system (the "Book -Entry System") maintained by the Depository Trust Company (the "DTC") or such other depository institution designated by the County pursuant to the Resolution. If the Bonds are removed from the Book -Entry System and delivered to owners in physical form, as described below, the following discussion of the Book -Entry System will not apply. The following information has been provided by DTC, and the County makes no representation as to the accuracy or completeness thereof. The Bonds will be issued as registered bonds, and, when issued, will be registered in the name of Cede & Co., as nominee of DTC, which will act as securities depository for the Bonds. DTC! is a limited -purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds securities and facilitates the clearance and settlement of securities transactions through electronic book -entry changes in accounts of its participants (the "DTC Participants"), thereby eliminating the need for physical movement of certificates. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations, some of which (and/or their representatives) own DTC. Access to the DTC system is also available to other entities such as banks, brokers, dealers, and trust companies that clear through or maintain a custodial relationship with a DTC Participant, either directly or indirectly. DTC Participants will be credited in the records of DTC with the amount of such DTC Participants' interests in the Bonds. Beneficial ownership interests in the Bonds in the amount of $5,000 or any integral multiple thereof may be purchased by or through DTC! Participants. A purchaser of such an interest (a "Beneficial Owner") will not receive a certificate representing his beneficial ownership interest. 'Me ownership interest of each Beneficial Owner will be recorded through the record of the DTC Participant from which he purchased his Bonds. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by DTC Participants acting on behalf of Beneficial Owners. It is anticipated that each Beneficial Owner will receive a written confirmation of the ownership interests acquired by him in the Bonds from a DTC Participant. So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC. references herein to the Owners of the Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners of the Bonds. Beneficial Owners may desire to make arrangements with a DTC Participant so that all notices of redemption or other communications to DTC, which affect such Beneficial Owners, and notification of all interest payments, will be forwarded in writing by the DTC Participant. Payments of principal of, redemption premium, if any, and interest on the Bonds will be paid by the Paying Agent directly to DTC or its nominee, Cede & Co. DTC will remit such payments to DTC Participants and such payments will thereafter be paid by DTC! Participants to the Beneficial Owners. No assurance can be given to the County that DTC Participants will make prompt transfer of payments to Beneficial Owners. The County is not responsible or liable for payment by DTC! or DTC Participants or for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC or DTC Participants. For every transfer and exchange of the Bonds, the Beneficial Owners may be charged a sum sufficient to cover any tax, fee or other charge that may be imposed in relation thereto. DTC may discontinue providing its services with respect to the Bonds at any time by giving notice to the County and discharging its responsibilities with respect thereto under applicable law, or the County may terminate its participation in the system of book -entry transfers through DTC at any time. In the event that the book -entry system is discontinued, the County will authenticate and make available for delivery replacement Bonds in the form of registered certificates. In addition, the following provisions would apply: principal of the Bonds and redemption premium. if any, will be payable in lawful money of the United States of America at the office of the Paying Agent, or any successor Paying Agent designated by the County, and interest on the Bonds will be payable by check mailed to the respective addresses of the registered owners as of the record date for such payment. 0119-1509 NEITHER THE COUNTY NOR THE PAYING AGENT SHALL HAVE ANY RESPONSIBILITY OR OBLIGATION TO DTC PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE BONDS REGARDING (i) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR DTC PARTICIPANTS OF ANY AMOUNT IN RESPECT OF PRINCIPAL OR REDFIVIPTION PRICE OF OR INTEREST ON THE BONDS, OR (ii) ANY NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO REGISTERED OWNERS UNDER THE ORDINANCES (EXCEPT SUCH NOTICE AS IS REQUIRED TO BE GIVEN BY THE COUNTY TO THE PAYING AGENT OR TO DTC), OR (iii) THE SELECTION BY DTC OF ANY PARTICIPANT TO RECEIVE PAYMENT IN THE EVENT OF OPTIONAL REDEMPTION OF THE BONDS, OR (IV) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC AS BOND OWNER, OR (v) ANY OTHER EVENT OR PURPOSE. The information included under this caption, other than the preceding paragraph hereof, has been provided by DTC. No representation is made by the County's Financial Advisor or the Underwriters as to the accuracy or adequacy of such information provided by DTC or as to the absence of material adverse changes in such information subsequent to the date hereof. 2 01119-1510' DESCHUTES COUNTY Deschutes County (the "County"), a municipal corporation of the State of Oregon, is located in the central portion of the State of Oregon. It covers approximately 3,055 square miles, and its boundaries include the cities of Bend, Redmond, and the Sisters. As of July, 199 1, the certified estimated estimated population of the County is 79,800. GOVERNMENT 'Me 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 'Me policies of the County are established by an elected three-member Board of County Commissioners. ne current members of the Board are: Council Memb= Position Term Exll4res Dick Maudlin Chairman January, 1993 Nancy Pope Schlangen Commissioner January, 1995 Tom Throop Commissioner January, 1995 Dick Maudlin, Chairman, has served on the Board of County Comn-tissioners since January 1985. Mr. Maudlin was elected Chairman of the Board January, 1988, and presently serves in that capacity. Mr. Maudlin is a lifelong Deschutes County resident, founded his own insurance company in 1972 and retired from that business in 1984. Mr. Maudlin attended both the University of Oregon and Willamette University. Nancy Pope Schlangen, Commissioner, was elected to the Board in November 1990. She also currently serves on the boards of directors for the Education Service District. Central Oregon Community Action Agency Network, Court Appointed Special Advocates, Deschutes County Children and Youth Services Commission. and Habitat for Humanity. Ms. Pope Schlangen also serves as a member of the Association of Oregon Counties Human Services and Public Safety Committee and the State Children and Youth Service Commission Budget and Policy Committee. She has been a cattle rancher for the past 31 years, a police officer and small business owner. Tom Throop, Commissioner, has been a County Commissioner since 1987. Previously, Mr. Throop served in the Oregon House of Representatives from 1979 through 1986, and served as chair of the House Revenue and School Finance Committee and a member of the House Environment and Energy and Joint Water Policy Committees. Mr. Throop is also presently a member of the State's Land Conservation and Development Commission. ADMINISTRATION Helen Rastovich, County Treasurer, has been serving as the elected County Treasurer since 1965. She was appointed tax collector and finance officer for the County in 1983. Ms. Rastovich is past president of the. Oregon Association of County Treasurers and Finance Officers, served on the board of directors of the National Association of County Treasurers and Finance Officers, served on the Oregon Municipal Debt Advisory Commission from 1983 to 1989, and served two terms on the board of directors of the Oregon Tax Collectors Association. Michael Maier, County Administrator, has served as the Deschutes County Administrator since 1979. Among his management responsibilities, Mr. Maier serves as the County's financial manager and develops and monitors the annual budget. Prior administrative experience includes serving as the court administrator for the fifth judicial district in Oregon, as a management analyst for Orange County, California and as an administrative assistant with the Orange County Superior Court. Mr. Maier served in the US Marine Corps from 1969 to 1971 and has a Masters of Public Administration degree from the University of Southern California. 3 0119-1511 Richard Isham, County Counsel, has served as County Counsel since 1980. He has practiced municipal law for Oregon counties for 15 years. and is the past president of the Oregon County Counsel's Association and the Municipal Law Section of the Oregon State Bar. Mr. Isham is a graduate of Southern Oregon State College and the Northwestern School of Law. He was admitted to the Oregon Bar in 1975, and is admitted to the Federal District Court for Oregon and the Federal 9th Circuit Court of Appeals. Mr. Isharn has extensive experience in the financing of public improvement and facility acquisition projects. STAFF The County currently employs 815 people, 578 full time. and 237 seasonal. The County negotiates labor agreements with three units. The International Union of Operating Engineers, Local 701 represents 66 public works employees. Their contract expires December 31, 1994. 'Me Deschutes County Sheriffs Association represents 61 Sheriffs Department employees. 'Meir contract expired June 30, 1992 and is currently negotiating a new contract. The Oregon Public Employees Union, Local 503 of SEIU, AFL-CIO, CLC (Deputy District Attorneys), a new bargaining unit, represents 9 Deputy District Attorneys is just starting negotiations. 4 THE PROJECT 0-119-1512 Proceeds of the Bonds will be used to provide financing for certain costs related to the construction of a correctional facility in Deschutes County. In November, 1991, voters authorized the County to issue up to $9.5 million in general obligation bonds to construct the facility. In early 1992 the County issued $1,000,000 in Limited Tax Bond Anticipation Notes, 1992 Series C to fund the initial costs relating to site acquisition and preparation, engineering and environmental studies, architect fees and utility work. The Bonds are being issued to the next phase of construction of the correctional facility. Next spring, the County intends to issue up to $2.5 million in remaining voter -approved authorization to complete construction and to redeem the outstanding Bond Anticipation Notes, 1992 Series C. The proposed 150 -bed correctional facility will be located on a minimum ten acre site (plus surrounding buffer zones) in the County. The facility will be designed to be expandable to approximately 300 beds. Construction bids are expected to be received early in 1993 and the facility is expected to be completed in early 1994. Table 1 DESCHUTES COUNTY Sources and Uses of Funds Sources: Par Amount of Bonds Accrued Interest Total Sources Uses: Underwriter's Discount Deposit to Construction Fund Costs of Issuance Deposit to Debt Service Fund Contingency Total Uses Source: Deschutes County w ilv= I K 7 1 DEBT INFORMATION DEBT SUMMARY - As of October 14,1992 (includes this issue) Outstanding debt: Short-term: Long-term: Gross bonded debt (aft debt with a general obligation pledge) Net direct debt (all debt paid in whole or part by taxes) Net overlapping debt Total net direct and overlapping debt Population Assessed Value Gross Bonded Debt Net Direct Debt Net Overlapping Debt Net Direct and Overlapping Debt 0119-1513 $1,675,000 $ 7,000,000 68,420,945 $76,555,945 DEBT LIMITATION Oregon Revised Statutes 287.054 provides that the aggregate amount of general obligation bonded debt of counties shall not at any time exceed two percent of the assessed value of all taxable property in the county. 1992-93 Assessed Value $5,109,065,093 Debt limitation (2% of AV) $102,181,302 Applicable bonded debt (includes this issue) 7,000,000 Limitation remaining $95,181,302 Percent of limitation issued 6.85% DEBT AUTHORIZATION A majority vote of the County voters casting ballots is required to authorize the issuance of general purpose obligation bonds. County voters approved these bonds in an election held November 5, 1991. DEBT MANAGEMENT The County has not defaulted on any debt obligation. FUTURE DEBT PLANS The County intends to issue up to $2.5 million in additional general obligation indebtedness in the Spring of 1993 in order to complete the correction facility and to redeem the County's Bond Anticipation Notes, 1992 Series C. rol Percent of Yalu Per Capka Aggegged Value 79,800 $5,109,065,093 $64,023 $7,635,000 $96 0.16% $7,000,000 $88 0.15% S68,420,945 $857 1.34% $76,555,945 $959 1.50% DEBT LIMITATION Oregon Revised Statutes 287.054 provides that the aggregate amount of general obligation bonded debt of counties shall not at any time exceed two percent of the assessed value of all taxable property in the county. 1992-93 Assessed Value $5,109,065,093 Debt limitation (2% of AV) $102,181,302 Applicable bonded debt (includes this issue) 7,000,000 Limitation remaining $95,181,302 Percent of limitation issued 6.85% DEBT AUTHORIZATION A majority vote of the County voters casting ballots is required to authorize the issuance of general purpose obligation bonds. County voters approved these bonds in an election held November 5, 1991. DEBT MANAGEMENT The County has not defaulted on any debt obligation. FUTURE DEBT PLANS The County intends to issue up to $2.5 million in additional general obligation indebtedness in the Spring of 1993 in order to complete the correction facility and to redeem the County's Bond Anticipation Notes, 1992 Series C. rol Table 2 DESCHUTES COUNTY Outstanding Obligations As of October 14,1992 Date Final GENERAL OBLIGATION BONDS Issued Maturity A. Tax Supported 0119-1514 Amount Issued Correctional Facility (this issue) 12/01/92 12/01/12 $7,000,000 Total Tax Supported (Net Direct) Debt B. Self Supporting Norte Total Self Supporting Debt C. General Obligation Bancroft Bonds Improvements 10/01/84 10/01/94 550,000 Improvements 12/01/85 12/01/95 940,000 Total G.O. Bancroft Debt TOTAL GENERAL OBLIGATION DEBT (Gross Bonded Debt) LEASE PURCHASE AGREEMENTS Lease Purchase 11/01/88 5/01/99 1,500,000 Lease Purchase 6/01/89 6/01/09 1,800,000 Total SHORT TERM DEBT Limited Tax General Obligation Bond Anticipation Notes, 1992 Series B 5/4/92 2/1/93 465,000 Limited Tax General Obligation Bond Anticipation Notes, 1992 Series C 5/4/92 5/3/93 1,000,000 Limited Tax General Obligation Bond Anticipation Notes, 1992 Series D 9/l/92 2/1/93 210,000 Amount Outstanding $7,000,000 7,000,000 0 0 off JUN 1=1 #I 465,0001 LEASES AND CONTRACT PAYMENTS AnnHal Payment A. County Mainframe Computer, 7 year lease ($950,000 original loan) with semi annual payments $180,115 B. Loaders for Public Works, 3 year lease ($405,000 original loan) 135,000 C. 14 G Motor Grader for Public Works, 3 year lease ($181,868) 64,000 D. Small Energy Loan, 15 year loan ($329.000) 37,740 E. Rosie Bareis Teen Center, 7 year loan ($300,000) 63,931 ACCRUED VACATION LIABILITY As of October 1, 1992, the total potential liability for accrued vacation was $979,952. 1. These notes are expected to be retired from the proceeds of special assessment bonds to be sold early in 1993. 2. These notes are expected to be retired from the proceeds of general obligations bonds to be sold in the Spring of 1993. 7 Table 3 0119-1515 DESCHUTES COUNTY Overlapping Debt As of October 14, 1992 1991-92 Gross Net Overlapp*ng Gross Net Assessed Bonded Direct Percent Bonded Direct Overlapping District Valuaflon DIU DIU OverlaR DIU DIU Deschutes County SD I (Bend-LaPine) $3,168,323,585 $37,785,000 $37,785,000 100-00% $37,785,000 $37,785.000 Deschutes County SD 6: (Sisters) 488,456,884 9,595,000 9,595,000 100.00 9,595,000 9,595.000 City Of Bend 9,916,156 5,910,000 100.00 9,916,156 5,910,000 City Of Redmond 265,985,353 6,624,000 4,839,000 100.00 6,624,000 4,839,000 Deschutes County SD. 1: 1977 Bonds 4,155,000 4,155,000 100.00 4,155,000 4,155,000 Deschutes County SD 2J (Redmond -1978 Bonds) 860,965,884 2,005,000 2,005,000 95.56 1,916,076 1,916,076 Central Oregon Hospital District 561.687,641 1,535,000 1,535.000 100.00 1,535,000 1.535.000 Black Butte Ranch RFPD 220244,113 780,000 780,000 100.00 780,000 790,000 Deschutes County SD 1: 1973 Bonds 385,000 385,000 100.00 385,000 385,000 Central Oregon Park & Rec. District 561,687,641 380,000 380,000 100.00 380,000 380,000 La Pine Special Sewer District 15,073,278 366.628 366,628 100.00 366,628 366.628 Central Oregon Community College 420,000 420,000 80.46 337,940 337,940 Bend Metro Park & Rec. District 315,000 315,000 100.00 315,000 315,000 Laidlaw, Water District 9,969,436 94,301 94,301 100.00 94,301 94,301 Cloverdale RFPD 74,145,934 27,000 27,000 100.00 27,000 27,000 Deschutes County SD 2J (Redmond -1990 Bonds) 782,580,678 1,520,000 0 95.13 1,446,075 0 Total $75,658,176 J&,4 45 NOTE: Columns may not foot due to rounding. 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 improvement bonds and self - supported bonds are excluded. Source: Municipal Debt Advisory Commission. 8 Table 4 DESCHUTES COUNTY Combined Debt Service Requirement Total Principal and Interest Fiscal Pro*ected Tax -Supported* Year Bancroft Series 1992 per $1,000 Ending Bonds G.O. Bondsl Total 1993 $ 215,065 - $ 215,065 1994 220,986 $ 605,599 826,585 1995 220,100 595,125 815,225 1996 138,375 607,110 745,485 1997 - 622.423 622,423 1998 621,268 621,268 1999 623,900 623,900 2000 625,268 625,268 2001 625,310 625,310 2002 623,968 623,968 2003 621,261 621,261 2004 622,161 622,161 2005 621,566 621,566 2006 624,190 624,190 2007 624,833 624.833 2008 623,535 623,535 2009 625,090 625,090 2010 624,410 624,410 2011 621,708 621,708 2012 621,800 621,800 2013 624.360 624.360 Total $ 794,526 $12,42LE.1 $13,199,409 Note: Columns may not foot due to rounding. Preliminary; Subject to Change. 0119-1516 1. True Interest Cost estimated at 6.14 percent. 2. Assessed value projected to increase by two percent per year. 3. Projected tax rate on bonds currently or expected to be paid from property taxes. 4. Projected tax rate if all general obligation bonds paid from property taxes. Source: Deschutes County. VA Pro*ected Tax Rate Tax Rate Assessed per $1,000 per $1,000 Valuation (Tax -Supported) (if all bonds (in $000)2 Bonds only) paid from taxet $5,109,065 $0.00 $0.04 5211,246 0.12 0.16 5,315,471 0.11 0.15 5,421,781 0.11 0.14 5,530,216 0.11 0.11 1. True Interest Cost estimated at 6.14 percent. 2. Assessed value projected to increase by two percent per year. 3. Projected tax rate on bonds currently or expected to be paid from property taxes. 4. Projected tax rate if all general obligation bonds paid from property taxes. Source: Deschutes County. VA 0119-1517 PENSION PLAN The County contributes to the Oregon Public Employees Retirement System (PERS), a multiple employer public employee retirement system that sits as a common investment and administrative agent for all Oregon municipal employers. Ile PERS is a defined benefit plan. The County payroll for employees covered by PERS for the year ended June 30, 1991 was $11,009,776, and the total payroll was $11.899,963. AU County employees are eligible to participate in PERS after six months of employment provided they work at least 600 hours. Employees may retire with unreduced benefits at age 58 or after age 55 with 30 or more years of creditable service. Retirement benefits, payable monthly for life equal to 1.67 percent of final average monthly salary multiplied by the number of years of membership in PERS. Ile final average monthly salary is the greater of the employees last three years of Wary, or the highest three calendar year salaries during their career in covered employment� divided by 36. PERS also provides death and disability benefits. Benefits are established by state statues. Covered employees are required by state statutes to contribute 6 percent of their salary to the plan. The County has established the policy of paying the employees required contribution as a fringe benefit. 'Me PERS Board establishes the employer's rate of contribution to the plan. The rate for the employers share during the 1990-91 fiscal year was 7.92 percent. 'Me total contribution to the plan, both employer and employee contribution, paid by the County was $1,588,483. Table 5 DESCHUTES COUNTY Employer Contributions to Retirement Plan Fiscal X= 1986-87 $1,025,212 1987-88 1,074,301 4.79% 1988-89 1,194,465 11.19 1989-90 1,368,092 14.54 1990-91 1,588,493 16.11 1991-921 1,704,090 7.28 1. Unaudited. Source: Derived from audited financial statements and Deschutes County. to TAX INFORMATION 0119-1518 THE PROPERTY TAX LIMITATION MEASURE (This summary of Article XI, Section I lb of the State of Oregon Constitution (Ballot Measure 5) does not purport to be a complete explanation of this constitutional provision or any legislation enacted to implement Article )a Section I I b.) On November 6, 1990, Oregon voters approved a 1.5 percent property tax luinitation measure. Ballot Measure 5 (now Article XI, Section 1 lb of the Oregon Constitution). Therefore, beginning in fiscal year July 1, 199 1, taxes imposed on property are separated into two categories: (1) property tax revenues raised to fund the state's public school districts defined as "educational services, provided by some unit of government at any level from pre- kindergarten through post -graduate training," and (2) "revenues raised to fund government operations other than school systems." Beginning in fiscal year 1991-92, property taxes for non -school government operations are limited to $10.00 per $1,000 of Real Market Value (defined herein). There is no phase-in period. For public school systems collections, Article XI, Section I lb of the Oregon Constitution phases in the property tax limitation rates over a five-year period from $15.00 per $1,000 of Real Market Value ("RMV") in fiscal year 1991-92 to $5.00 per $1,000 RMV in fiscal year 1995-96. Exemptions from Property Tax Limitations Sections I lb(3a) and (3b) of Article XI specifically exempt taxes imposed to pay principal and interest on bonded indebtedness provided bonds are: (1) authorized by a specific provision of the Oregon Constitution, (2) outstanding on November 6, 1990 and were for "capital construction or improvements," or (2) are approved by the voters of a government unit and offered as general obligations for "capital construction or improvements." Capital construction and improvements are not defined in Article XI Section I I b itself, but in new law which is described in the next section. Implementing Legislation Chapter 459, 1991 Laws (House Bill 2550) is the statutory implementation of Article M Section I lb and became effective on September 26, 1991. Chapter 459, 1991 Laws prescribes the overall tax assessment, administration and collection methods and procedures which conform to the tax limitations and requirements of Article IX Section I lb. In regard to bonded indebtedness, the new law also defines key terms including "Exempt Bonded Indebtedness," "Capital Construction," and "Capital Improvements." ORS 310.140(15)(b) exempts general obligation indebtedness issued before or on November 6, 1990, for capital construction or improvements. ORS 310.140(15)(c) exempts general obligation indebtedness issued after November 6. 1990 which is -voter approved and used for capital construction or improvements. ORS 310.140(17)-(19) defines capital construction and improvements to include all activities related to the construction, modification, replacement, repair, remodeling and renovation of structures which have a useful life of over one year-, the acquisition of land, or legal interest in land, in conjunction with the capital construction of a structure; the acquisition and installation of machinery, equipment, furnishings and equipment which have a life of over one year; and activities related to capital construction such as planning, design, studies, permits, and obtaining financing. Structure is defined to mean any building or improvement to real property. ORS 288.160 provides that under certain conditions general obligation refunding bonds that replace general obligation bonds outstanding on November 6, 1990, may be issued and shall be deemed issued as of the date of the general obligation bonds being replaced. The Bonds satisfy ORS 310.140 (15)(c); therefore the ad valorem tax levy pledged for payment and security of the Series A Bonds will not be subject under the limitations of Article XI, Section I lb of the Oregon Constitution. I I 0119-1519 Real Market Value Under new law, property taxes are calculated based on the "Real Market Value" (RMV) of each property. The property identification date, the date on which the value of property is determined for tax purposes is now July 1, the beginning of each tax. year. Section I lb(2)(a) of the measure defines Real Market Value as "the minimuin amount of cash which could reasonably be expected by an informed seller, acting without compulsion, in an arms - length transaction during the period for which the property is taxed." The State of Oregon Attorney General has opined that the measure requires Real Market Value to be the minimum market value during the current tax year. Chapter 459, 1991 Laws specifies that Real Market Value is based on the minimum market value of property during the fiscal year. For 1991-92, interim procedures for calculating Real Market Value were developed by the Oregon Department of Revenue. For subsequent years, the Department has developed permanent rules and procedures for determining a property's Real Market Value. For the purposes of tax calculation Real Market Value equals Assessed Value. In the event that valuations decrease over the tax year, a reduced value appeals process is available to taxpayers. commencing at the end of each fiscal year. (For further discussion, 'see the section titled "Assessment and Equalization".) SYNOPSIS OF PROPERTY TAX ADMINISTRATION ne property tax is used by Oregon cities, counties. schools and other special districts to raise revenue to defray the expense of local government. Ile State of Oregon has not levied property taxes since 1941 and obtains its revenue principally from income and excise taxes. 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. 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 specified range of county -wide market value. Equalization of values is performed by the County Board of Equalization. Administrative and judicial remedies are available to property owners who disagree with assessments. House Bill 2550, Chapter 459 of 1991 Laws, establishes a permanent equalization, notification and appeals process effective fiscal year 1991-92. The property identification date is July 1, value notices and tax statements are sent together in October, and valuation appeal proceedings commence after tax statements are received. Under the new law there are two appeals processes, one which begins in December which permits property owners to appeal the real market value shown on their October tax statements and a second appeals process beginning the end of each fiscal year which allows property owners to challenge that the RMV of their property, determined as of the prior July 1, was not the minimum RMV during the year. The new law establishes county Boards of Ratio Review (BORR) to take over some functions which were previously the responsibility of the County Boards of Equalization. Each BORR performs ratio review and equalization and is responsible for the fiscal year end valuation appeals process. County Boards. of Equalization remain responsible for hearing the regular RMV appeals which begin each December. Property which is assessed for 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 fin-nishings (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 July I of each year. 12 11 -q U-119-1,520 Ballot Measure 5 and House Bill 2550 (Chapter 459, 1991 Laws) do not affect fully exempt property. Taxes on partially exempt property such as historic buildings and certain farm and forest lands are calculated by a statutory valuation formula, which, depending on each property, may be less than if the taxes were based on RMV. Tax Levy The process of ascertaining and declaring the amount of taxes to be raised from taxpayers is termed making the levy. 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 15th as part of the budget process. Annual budgets for local units are based on a fiscal year which begins July Ist and ends the following June 30th. 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 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, or real market 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. Special levies are limited in size by the net tax rate freeze described later in this section. Ballot Measure 5 and the new laws to implement the measure do not affect the existing tax levying authority of local government units. However, Measure 5 does impose caps on total amounts of property tax revenues local government units may collect. Should the local government and its surrounding government wiits' combined taxes exceed the rate limits imposed by Ballot Measure 5, new law specifies that the taxes owed to each jurisdiction will be reduced by an equal percentage in order to bring the total rate in line with the measure's maximums. 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. Collection The County Assessor extends authorized levies and computes tax rates. The Tax Collector bills all taxes and makes periodic remittances of collections to tax levying units. To comply with Article X1. Section I I b of the Oregon Constitution, assessors are charged with calculating public school and other local government unit taxes separately, calculating any tax rate reductions to comply with the measure's limits, and developing percentage distribution schedules. The tax collector then reports to each taxing district. within five days, the amount of taxes imposed. As each year's taxes for all taxing bodies within a county are collected, the money is segregated into one pool, with each taxing body sharing in the pool on the basis of its tax rate, regardless of the actual collection experience within each taxing body. Therefore, in application, the amount of each taxing body becomes a pro rata share of the total tax collection record of all taxing bodies within the county. Thus. an overall collection rate of 90 percent of the county -wide levy indicates a 90 percent tax levy collection for each taxing body. 13 0119-1521 Taxes are levied and become a lien on July I (the lien date for personal property is July 1) and tax payments are due November 15 of the same calendar year. Under the partial payment schedule the first third of taxes are due November 15, the second one-third on February 15 and the remaining one-third on May 15. A 3 percent discount is allowed if full payment is made by the November 15 due date, 2 percent for a two-thirds payment. For late payments interest accrues after each trimester at a rate of 1.33 percent per month. Property foreclosure proceedings are initiated four years after the tax due date. Tax statements mailed to property owners disclose the current and prior year's real market value of property, the tax rates and the amount of taxes due and the amount levied by each taxing unit segregated by public school district and other local government districts. Tax rates, expressed as an amount per $1,000 of the assessed real market value, are obtained by dividing the taxable real market value of a local unit into the taxes levied. Additionally, tax statements show the taxes are due if levied without limitation to the rate limits imposed by Article M, Section I lb of the Oregon Constitution. Should reductions be required. tax statements show the tax reductions for each segregated group and provide the actual tax amount due. Table 6 DESCHUTES COUNTY Tax Collection Record 1988-93 Compounded Annual Rate of Change: 16.4% 1. The levy used in this table has been adjusted by certain offsets before calculation of the tax rate. 2. Does not include interest, therefore the percentage cannot exceed 100 percent. Source: Deschutes County Assessor's Office. 14 Percent Percent Fiscal Assessed Percent Total Percent Tax Rate Collected Collected as X= Valuation Chnnge L=1 Change Per S1,000 Year of Levv of 10/31/92 1987-88 $2,387,445,262 $5,235,930 $2.2000 87.4% 99.8% 1988-89 2,470,839,078 3.5% 5,562,328 6.2% 2.2511 88.2 99.8 1989-90 2,684,653,081 8.7% 5,892,037 5.9% 2.1947 90.6 98.5 1990-91 3,164,505,791 17.9% 6,208,682 5.4% 1.9714 92.8 97.4 1991-92 4,431,322,622 40.0% 6,554,563 5.6% 1.4874 93.2 95.3 1992-93 5,109,065,093 15.3% 7,920,636 20.8% 1.5600 N/A N/A 1988-93 Compounded Annual Rate of Change: 16.4% 1. The levy used in this table has been adjusted by certain offsets before calculation of the tax rate. 2. Does not include interest, therefore the percentage cannot exceed 100 percent. Source: Deschutes County Assessor's Office. 14 0119-15,4002 Table 7 DESCHUTES COUNTY Consolidated 1992-93 Tax Rate Code Area 01-011 Taxing Bodl Governmental School G.O. Deb law Deschutes County S1.5600 --- --- $1.5600 Deschutes County Extension Service 0.0249 --- --- 0.0249 911 County Service District 0.1416 --- --- 0.1416 City of Bend 0.0975 --- $3.2187 3.3162 Bend Metro Park & Recreation District 0.9106 --- 0.0283 0.9389 Bend/La Pine Administrative School District --- $8.4041 --- 8.4041 Deschutes Co. Education Service District --- 0.1695 --- 0.1695 Centmi Oregon Community College 0,0127 1,1276 1,1403 Total S 2,7473 $ 9.7012 $3,2470 $15.6955 1. Code Area 01-01 is the largest taxing code area in Deschutes County. The total assessed valuation within Code Area 0 1-0 1 is $1,262,567,032, or about 24.7% of the total value of the County. Source: Deschutes County Name U.S. West Communications Inc. Pacificorp (PP& L) Pacific Gas Transrrdssion Co. Sunriver Properties Oregon Ltd. Concord Equity Multiplier (Bend) Inc. DAW Forest Products Co. LP Willamette Industries Brooks Resources Corp. 150 Spear St. Assoc. Bend Millwork Systems Inc. Table 8 DESCHUTES COUNTY Major Taxpayers Enterpr*qe 1992-93 Assessed Value Percent of County Tota I Telephone utility $ 54,806,825 1.68% Electric utility 32,868,200 OAI% Natural gas utWty 27,912,286 0.35% Resort developers 21,255,345 0.26% Shopping maU owners 18,042,350 0.22% Wood products 17,416,710 0.22% Wood products 17,179,010 0.21% Land developers 13,402,655 0.17% 12,011,600 0.15% Wood products 11,762,260 0,15% $226,657,241 2.81% 1. Total tax levied $81,108,492.99. However, do to compression (Measure 5) the extended tax is $80,601,493.33. See "Tax Information," page 10. Source: Deschutes County. 15 0119-1523 FINANCIAL INFORMATION 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. 'Me 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 the 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 leving of taxes and sets appropriations. The btidget 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. The governmental fund types are maintained on the modified accrual basis of accounting. The propriety fund types (enterprise and internal service funds) are accounted for utilizing the accrual basis of accounting. The County's accounting practices conform to generally accepted accounting principles. FISCAL YEAR: July I to June 30 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 Fbiancial 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. AUDIT REQUIREMENTS The Oregon Municipal Audit Law (ORS 297.405 - 297.555) requires an audit and examination be made of the accounts and financial affairs of every municipal corporation at least once a year. Unless the municipality elects to have the audit performed by the State Division of Audits, the audit shall be made by accountants whose names are included on the roster prepared by the State Board of Accountancy. The County audits for the fiscal years 1982-83 through 1990-91 were performed by Donaca Battleson & Co., P.C. The auditors did not review this official statement and offer no opinion regarding the information or tables. 16 Fund General Insurance Fund Table 9 DESCHUTES COUNTY Summary of 1992-93 Budget Appropriation (in $000) $15,629 2,556 Bancroft Bond $1,550 Redemption Fund Community Corrections 1,129 Deschutes County 911 Service 1,071 Jail Construction Fund 10,100 Library 1,344 Local Improvement 1,625 District Project Fund Mental Health Services 3,995 Road 10,595 School 1,013 0119-15/204 1 1 continued on the following page 17 Percent Percent Ma eor Revenue Source Amount (in $000) ofFund Revenue Property Tax Collections $6,332 40.5% Transfer from Transient Room Tax 1,392 8.9 Building Fees 1,325 8.5 Beginning Cash 1,200 7.7 Beginning Cash 1,750 68.2 Transfer from Road Fund 242 9.4 Transfer from Sheriff levy 180 7.0 Transfer from General Account 145 5.7 Beginning Cash $1,250 80.6% Assessment Payments 250 16.1 State Grant 665 58.9 Work Program Receipts 170 15.0 Beginning Cash 100 8.9 Probation Supervision Fees 75 6.6 Property Tax Collections 646 60.3 State Grant 195 18.2 Beginning Cash 120 11.2 Bond Proceeds 9,500 94.1 Beginning Cash 600 5.9 Transfer from General Account 1,116 83.0 Beginning Cash 132 9.8 Bond Proceeds 670 41.2 Municipal Warrant Proceeds 440 27.1 Beginning Cash 430 26.5 State Grant 2,528 63.3 Title 19 427 10.7 Transfer from General Account 382 9.6 Motor Vehicle Revenue 3.970 37.5 Forest Receipts 2,728 25.7 Beginning Cash 2,618 24.7 Transfer from Solid Waste 669 6.3 Forest Receipts 733 72.3 Electric Co-op Tax 150 14.8 Federal Mineral Leases 88 8.7 continued on the following page 17 Fund Sheriffs Law enforcement Solid Waste Transient Room Tax (continued) Table 9 DESCHUTES COUNTY Summary of 1992-93 Budget 0 119 - 15 0'25 Percent Percent Appropriation (in $000) M2ior Revenue Source Amount (in SOOO) ofFund Revenue S4,979 Transfer from General Accoun $3,672 73.8% D= Property Tax Collections 800 16.1 2,765 Beginning Cash 805 29.1 5/15/90 Franchise Fees 760 27.5 11/15/91 Private Disposal Fees 700 25.3 5/19/92 Commercial Disposal Fees 350 12.7 1,647 Room Tax 1,647 100.0 Other Funds* 7,152 TOTAL $67,150 * Includes funds with appropriations of less than $ 1.000,000. Source: Deschutes County 1992-93 Budget Table 10 18 DESCHUTES COUNTY Budget and Bond Elections D= 1= Vote Amount yja Margin La Passed (Failed) 5/15/90 Establish Tax Base $7,790.237 7,486 8,832 (2,191) 5/15/90 G.O. Library Bonds 7,243,260 7,565 8,698 (1,133) 11/15/91 Jail Bonds 9,500,000 14,109 8,744 5,365 5/19/92 Establish Tax Base 9,970,000 8,330 13,867 (5,537) 9/15/92 Sheriffs 2yr. Levy (per yr.) 909,292 12,811 10,812 1,999 Source: Deschutes County 18 Table 11 DESCHUTES COUNTY General Fund Balance Sheets As ofJune 30 . 19 Unaudited $1,134,508 839,485 220,977 $2.194.970 127,328 648,577 775,905. 1,419,065 $2,194,970 Assets Cash and cash equivalents $1,375,566 $1,717,403 $2,347,333 $1,482,908 Taxes Receivable Property Taxes- net of allowance for uncollectibles 982,480 1,047,684 843,808 846,398 Due from other funds -- -- 400,000 -- Accounts receivable 69,687 100,669 132,841 144,404 Total Assets $2,427,733 $2,865,756 $3,723,982 $2,473,710 Liabilities and Fund Balances Liabilities Accounts payable 58,010 97,546 70,706 119,317 Deferred revenue 861,616 882,751 686,076 674,874 Total Liabilities 919,626 980,391 756,782 794,191 Fund Balance Undesignated 1 M8.1 W 1,888,455 2,967,200 1,679,519 Total Liabilities and Fund Balance $2,427,933, $2,865,756 $3,723,992 12-473,710 Source: Derived from annual financial statements. 19 Unaudited $1,134,508 839,485 220,977 $2.194.970 127,328 648,577 775,905. 1,419,065 $2,194,970 M Table 12 DESCHUTES COUNTY General Fund Consecutive Statement of Revenues and Expenditures Fiscal Year Ending June 30 Revenues Local Taxes - property Taxes - other Licenses and fees Charges for services Interest Other Intergovernmental Counties and cities State Federal Total Revenue Expenditures Current General government General service Health and welfare Capital outlay Total expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses) Operating transfers in Operating transfers out Total other financing sources Excess of revenues and other sources over expenditures and other uses Fund Balance, Beginning of year Fund Balance, End of year im 0119-15,2o7 Unaudited im im im im $5,072,045 $5,541,247 $6,106,655 $6,250,710 $6.611,849 71,187 61,528 112,466 -- -- 1,296,100 1,703,906 2,437,858 2,573,500 3,003.809 232,383 328,656 476,808 244,573 380,671 35,401 334,576 403,146 349,902 260,084 -- 134,980 55,681 236,830 49,416 41,170 44,179 46,885 159,425 54,193 602,786 721,085 785,005 1,095,736 1,185,476 295,783 360,661 337,431 402,189 406,790 10,761,935 11,312,865 11,951288 1,152,323 1,775,259 1,643,033 2,528,634 2,213,174 3,476,339 4,218,509 4,391,182 5,316,544 5,512,934 521,115 599,462 792,579 852,831 916,422 413,523 -- -- -- -- 2,433,426 2,637,588 3,935,141 2,614,856 3,309,758 1,408,672 1,863,200 1,750,650 1,900,000 2,140,841 (3,523,036) (4,123,440) (4,604,046) (5,802,537) (5,711,053) (2,114,364) (2,260,240) (2,853,396) (3,902,537) (3,570,212) 319,062 1,189,045 $1,508,107 Source: Derived from annual financial statements. 377,348 1,081,745 (1,287,681) (260,454) 1,508,107 1,885,455 2,967,200 1,679,519 $1,885,455 $2,967,200 $1,679�519 $1,419,065 20 0 119 - 15 flo';'o 8 Table 13 DESCHUTES COUNTY General Fund First Quarter Statement of Revenues and Expenditures As of September 30, 1991 (Unaudited) Source: Deschutes County (unaudited). 21 M Budgeted Amount Percent of RESOURCES: Actual Estininted Available fund balance $1,200,000 $1,044,113 87.0% Property taxes 6,331,892 --- 0.0 Other revenues 3,395,750 1,378,239 41.0 Assessor's office 284,591 93,260 32.8 Clerk/Elections 549,590 182,409 33.2 Board of Commissioners 1,500 --- 0.0 Data Processing 43,490 14,094 32.4 Building services 5,000 1068 21.4 District Attorney 77,912 30,237 38.8 Juvenile Division 193,123 22,806 11.8 Treasurer/Tax 116,150 30,725 26.5 Treasurer 275,000 47,657 17.3 Health 631,011 159,222 25.2 Veterwfs Service 12,500 3,125 25.0 Watermaster 57,549 13,124 22.8 Surveyor 18,500 10,022 54.2 Contract payments 64,000 -- -- Comunity development 2,381,350 716,632 30.1 Total Resources LIU= -2&M EXPENDITURES: Assessor's office 1,120,267 $264,132 24% Clerk/Elections 379,265 86,984 23 Board of Commissioners 358= 83,289 23 Data Processing 732,229 206,994 28 Building services 878,741 152,739 17 District Attorney 798,481 195,317 24 Juvenile Division 898,114 205,482 23 Treasurer/Tax 268,174 49,713 19 Treasurer 137,230 21,692 16 Health 1,047,040 211,280 20 VeteraWs Service 36,710 8287 23 Watermaster 78,440 19,768 25 County counsel 160,720 29,842 19 Surveyor 22,585 5,891 26 Personnel 166,487 44,728 27 Comunity development 2,142,922 491,062 23 Other expenditures 5,734,260 935,460 16 Total Expenditures L12= Source: Deschutes County (unaudited). 21 M 011,9-154^9 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 to theCity of Bend. Other incorporated cities in Deschutes County are Redmond and Sisters. 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. The Bend office of the U.S. Forest Service administers all recreation, timber evaluation, and logging activities within the Deschutes National Forest. LAND USE PLANNING State law requires comprehensive land -use planning to be accomplished at the city and county levels'. To provide common direction and consistency within each city and county comprehensive plan, the Oregon Legislature directed the Land Conservation and Development Commission (LCDC) to adopt statewide planning goals and guidelines. All zoning and development within a city or a county must conform to the appropriate comprehensive plan. Each plan must address certain applicable goals. Nineteen statewide planning goals have been adopted dealing with matters that include: Economy Air, Water and Land Resources Quality Housing Willamette River Greenway Urbanization Public Facilities and Services Transportation Deschutes County adopted its comprehensive plan in 1979. POPULATION Deschutes County is the ninth largest county in Oregon, with a 1991 certified population estimate of 79,800. The County is located in central Oregon. According to the U.S. Census. Deschutes County's population for 1990 was 75,600. Fifty-seven percent of Deschutes County residents live in the Bend area, nineteen perscent in the Redmond area, twenty-two percent in the LaPine area, and eleven percent in the Sister area. The County has experienced the most rapid growth of any county in the state during the past ten years. According to the Center for Population Research and Census at Portland State University, population in Deschutes County increased at an average annual rate of 2.1 percent between 1981 and 1991. Population increased from 1981 to 1982, decreased slightly in 1983, fluctuating between 64,000 and 65,400 through 1986. In 1987, the population once again began to increase and has continued to do so since then. EMPLOYMENT The County's economic base is centered in agriculture, lumber and wood products, and tourism. Recent figures compiled by the State of Oregon Employment Division indicate that manufacturing accounts for 15.5 percent of total employment, wholesale and retail trade accounts for 27.1 percent of total employment, services account for 24.1 percent of total employment, and government employs 15.2 percent. The resident labor force in the County increased from 32,000 in 1981 to 46,000 as of September 1992. This represents a 3.1 percent annual increase. In 1981, 14.7 percent of workers were employed in manufacturing, while 85.3 percent were in non -manufacturing jobs. By 1991, manufacturing employment had decreased to 5.2 percent, and non-manufacuiring had increased to 28.3 percent. In September 1992, the raw unemployment rate was 8.2 percent in the County. Principal employment is in wood products, agriculture, tourism, and recreation. However, the County is diversifying its economy by attracting maufacturing and high-technology firms. Employment at Mt. Bachelor during the winter ski season is approximately 668, 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. 22 Manufacturing, especially of wood products, accounts for a: significant portion of economic activity in Deschutes County. Bend Millwork Systems, which employs over 1,500 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 176. 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 242, while employment in the two Redmond plants is approximately 490. Beaver Coaches, located in Bend. is engaged in the manufacture of motor homes and employs approximately 400. 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 135. Trade. Employment in wholesale and retail trade accounted for 9.1 percent of the jobs in the County in 1991, making this the largest sector. Between 1981 and 1991, trade grew at an annual rate of 27.1 percent, making it the fastest growing sector in the County economy. Food Products. This employment sector is the second largest source of jobs. Also, it was the second fastest growing sector in the County, with an annual growth rate of 8.2 percent between 1981 and 1991. Services. Employment in the services sector is the third largest source of jobs. With an annual growth rate of 8.1 percent between 1981 and 199 1, this sector continues growing. ECONOMIC DEVELOPMENT Deschutes County, its cities, civic organizations, and private businesses are developing diversification in their economies. The County's strategy is to attract new business investment to Central Oregon that will create family - wage employment opportunities for area residents, reduce the regioWs dependence on cyclical industries, and provide the financial base to support the regioWs growth. Several local economic development organizations operate to assist prospective companies in evaluating opportunities to expand or relocate in their respective communities and to obtain the resources needed to establish their facilities. For example, the Central Oregon Economic Development Council conducts a regional marketing and development program, the Central Oregon Intergovernmental Council provides employment and training services, administers five public leiiding programs, and writes grants for the County and cities, and the Redmond Economic Development Action Program does local advocacy with prospects for the Redmond area. Deschutes County was ranked 7th in assessed value statewide in 1991. Assessed value was approximately $3.16 billion in 1990 and $5.2 billion in 1992, a 62 percent increase in two years. TOURISM AND RECREATION 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. Deschutes County attracts recreation enthusiasts because of its year-round recreational opportunities, including downhill and cross country skiing, fishing, hunting, whitewater rafting, golfing, and rock climbing. The County has many popular attractions such as the High Desert Museum, Lava Lands State Park, Smith Rocks, the Newberry Volcanic National Monument, and many waterways, including the Deschutes River and Cascade Lakes. The County also has 16 golf courses, with three more almost complete and scheduled to open in 1993. There are five golf courses in the planning stages at the current time. Bend is home of the world-famous annual Pole Pedal Paddle race and the Cascade Cycling Classic, and Mt. Bachelor is one of the training sites for the winter Olympics ski team. Expansion activities at Mt. Bachelor Ski Resort in recent years have further enhanced the recreational sector of the County's economy. Tourism/recreation plays a significant role in the region. In 1990, travelers spent nearly $170 million in Deschutes County. 23 TRANSPORTATION 0-1 - i 9 - 15 Airports Central Oregon is served by United Express and/or Horizon Air from San Francisco, Seattle, and Portland. Alaska Airlines provides connections from most Western cities. All flights arrive at the Redmond Airport. where rental cars and/or taxi and van service is available. A recent study concluded that activity at the Redmond Airport generated almost $152 million in sales and S70 million in other income during 1987 in Deschutes County alone. Since 1987, annual enplanements have increased by over 53 percent. Tliat means the airport's total economic impact this year may approach S340 million. The Redmond Airport has recently been expanded in order to accommodate the increased use. Additional airports in Central Oregon include: Sunriver Airport. Sisters Airport, Bend Municipal Airport. Bus Greyhound operates daily service into Central Oregon, and several other private bus companies provide express and charter service as well. Mt. Bachelor operates a free shuttle from its corporate office on Century Drive to the West Village on the mountain during peak season. Greyhound service is available from Bend, Madras. Prineville, and Redmond. Passenger Rail AMTRAK provides daily service from San Diego, Los Angeles, Oakland/San Francisco, and Redding northbound and from Vancouver, B.C., Seattle, Portland, and Eugene southbound. Tle train serves Chemult, 40 minutes south of Sunriver and 60 miles south of Bend on Highway 97. Highways Central Oregon has a nurnber of highways that connect to Interstates and metroploitan areas. Highways 97,20, and 58 access Interstate 5 via South and WeSL Highways 97,197, 26, and 20 to the North and East join Interstate 84. State Highway 20 connects Bend to the cities of Salem and Eugene, Oregon and continues East into the State of Idaho. In most cases any Oregon metropolitan destinantion can be reached within 3 hours. AGRICULTURE 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 flamas) also accounts for a significant portion of agricultural activity in the County. Gross farm sales in the County in 1991 were approximately $37 million with animal ranching responsible for 83 percent of gross farms sales and crop harvesting responsible for 17 percent. Commercial agriculture in Deschutes County consists primarily of field crops (alfalfa, other hay, some peppermint, potatoes, and seed crops) and livestock operations. Irrigation is essential for crops and is used extensively for irrigated pastures. Livestock sales make up $30 million and $21 million of the livestock sales was from specialty animals, such as Llamas. UTILITIES Deschutes County is served by the Central Electric Cooperative, Pacific Power & Light, Cascade Natural Gas, and U.S. West Comunications PUBLIC FACILITIES Water, Sewerage, and Landfill These services are provided by each of the municipalities. Some suburban areas are served by private water companies. The following are combined average rates (by month) for each service: Water: residential: $8.80 (1" meter), commercial: $87.90 (Y meter), industrial: $201.47 (6meter). Sewerage: residential: $10.79. Landfills: Cost per ton: $11.75 kyj 011 19_15*1r32 L Public Safety Each of the cities have their own city police force, the County's Sheriff deputies patrol nonurban areas, and the Oregon State Police regional headquarters is housed in Bend at the intersection of two major arterials. Deschutes County provides juvenile and adult corrections, incorporating electronic monitoring, parole and probation, counseling, and other innovative programs. Deschutes County citizens approved a bond measure for the construction of a new jail in November 1991. which will increase the jail bed capacity by over 200 percent. Deschutes County operates the only lock-up facility; the cities do not have their own city jails. Fire The three cities of Bend, Redmond, and Sisters, and communities of Sunriver and Black Butte Ranch have fire departments. Communities such as LaPine, Cloverdale, Terrebonne, and other rural areas are served by fire protection districts. Health Care The Central Oregon region has four hospitals. 222 staff doctors, 304 total beds, and 52 physicians with specialities. All Central Oregon hospitals are served by Air Life of Oregon. There are 16 clinics or immediate care facilities throughout Central Oregon. Education Four school districts service almost 16,000 students in Deschutes County. There are 19 elementary schools, 3 middle schools, 3 high schools, and 2 combined middle/high schools. 'Me Bend-LaPine School District is in the process of constructing three new elementary schools and one new middle school. There are also nine private elementary and secondary schools in Deschutes County. The Central Oregon Community College has its main campus in Bend and six off -campus teaching centers throughout the region. ne Central Oregon Consortium for Higher Education offers bachelor and master degree programs through COCC. INFORMATION SOURCES Historical data have been collected from generally accepted standard sources, usually from public bodies. In Oregon, data are frequently available for counties and, -to a somewhat lesser degree, for cities. This statement presents data for Deschutes County. ECONOMIC AND DEMOGRAPHIC TABLES The tables that follow provide further information about the economic and demographic nature of the County. 25 Table 14 DESCHUTES COUNTY Population Estimates 0 -1, - 1-9. - 1 5L"'*'3 1982-1992 Compounded Annual Rate of Change 2.5% 1.2% Source: Under State law, the State Board of Higher Education must estimate annually the population of Oregon cities and counties so that shared revenues may be properly apportioned. The Center for Population Research and Census at Portland State University performs this statutory duty. �Fp Deschutes Percent State of Percent County Change OreLron Change 1982 64,350 1.1% 2,656,185 1983 63,300 (1.6) 2,635,000 (0.8) 1984 64,000 1.1 2,660,000 0.9 1985 65,400 2.2 2,675,800 0.6 1986 65,400 0.0 2,659,500 (0.6) 1987 65,600 0.3 2,690,000 1.1 1988 68,700 4.7 2,741,000 1.9 1989 70,600 2.8 2,791,000 1.8 1990 74,958 6.2 2,847,000 2.0 1991 79,800 10.2 2,930,000 4.6 1992 82,600 3.5 2,979,000 1.7 1982-1992 Compounded Annual Rate of Change 2.5% 1.2% Source: Under State law, the State Board of Higher Education must estimate annually the population of Oregon cities and counties so that shared revenues may be properly apportioned. The Center for Population Research and Census at Portland State University performs this statutory duty. �Fp Table 16 DESCHUTES COUNTY Labor Force By Place of Residence Resident Civilian 01 Total Table 15 Unemployment Percent of DESCHUTES COUNTY XAK WM MM Average Annual Unemployment WM 1981 32.0 As a Percent of Labor Force 13.9 27.6 Deschutes Con= Orepon Un*tedStates 1981 13.9% 9.7% 7.6% 1982 15.9 11.5 9.7 1983 13.3 10.8 9.6 1984 11.9 9.4 7.5 1985 10.9 8.8 7.2 1986 10.3 8.5 7.0 1987 7.8 6.2 6.2 1988 7.5 5.8 5.5 1989 6.8 5.7 5.3 1990 5.9 5.5 5.1 1991 6.7 6.0 6.8 Sept. 1992 8.2 7.4 7.4 Source: State of Oregon Employment Division, Department of Human Resources. 41.0 Table 16 DESCHUTES COUNTY Labor Force By Place of Residence Resident Civilian Unemployment as a Total Labor Force Unemployment Percent of Employmentl XAK WM MM Labor Force WM 1981 32.0 4.5 13.9 27.6 1982 32.0 4.9 15.9 26.1 1983 32.0 4.2 13.3 27.4 1984 32.5 3.9 11.9 28.7 1985 33.0 3.6 10.9 29.4 1986 35.1 3.6 10.3 31.5 1987 35.4 2.8 7.8 32.7 1988 37.1 2.8 7.5 34.3 1989 40.0 2.7 6.8 37.3 1990 42.0 2.5 5.9 40.0 1991 44.2 3.2 7.3 41.0 Sept. 19922 46.0 3.3 7.2 42.7 1. Includes non-agricultural wage and salary, self-employed, unpaid family workers. domestics, agricultural workers and labor disputants. 2. Preliminary and not seasonally adjusted. Source: State of Oregon Department of Human Resources, Employment Division. 27 011 '9'-1 mr* Table 17 DESCHUTES COUNTY Employment Annual Averages and Percent Distribution by Industry (By place of employment) NOTE: Columns may not foot due to rounding. Source: State of Oregon Department of Human Resources, Employment Division. 28 Annual Annual Average Percent Average Percent (000) of Total (000) of Total Total wage & salary employment 21,100 100.0% 33,600 100.0% Manufacturing total 3,100 14.7 5200 15.5 Durable goods 2,800 13.3 4,500 13.4 Lumber & wood products 2,200 10.4 3,200 9.5 Other durable goods 600 2.8 1,300 3.9 Non -durable goods 400 1.9 700 2.1 Food products 8,100 39.5 8,200 25.6 Other non -durable products 300 1.4 500 1.5 Non -manufacturing total 18,000 85.3 28,300 84.2 Trade 5,300 25.1 9,100 27. 1 Services 4,300 20.4 8,100 24.1 Government 4,100 19.4 5,100 15.2 Finance, insurance & real estate 1,900 9.0 2,500 7.4 Transportation, communications . & utilities 1,200 5.7 1,100 3.3 Construction & mining 1,200 5.7 2,400 7.1 NOTE: Columns may not foot due to rounding. Source: State of Oregon Department of Human Resources, Employment Division. 28 Name Bend Millwork Systems St. Charles Medical Center Bend-LaPine School District Mount Bachelor Ski Area Sunriver ResorttProperties Warm Springs Tribal Government State of Oregon Deschutes County Redmond School District Beaver Coaches Black Butte Ranch Central Oregon Community College Eagle Crest Partners, Ltd. Safeway Stores, Inc. Bend Memorial Clinic Inn of the Seventh Mountain Wagners Supermarkets DAW Forest Products Co. City of Bend Central Oregon District Hospital - Redmond DAW Remanufacturing Table 18 DESCHUTES COUNTY Major Employers 1992 Product or Servace Wood Products Hospital Public Schools Ski Slopes Destination Resort Developers and Operators Indian Reservation Government State Government County Government Public Schools Motor Homes Vacation Resort Education Resort Operators Grocery Store Chain Medical Clinic Vacation Resort Grocery Store Chain Wood Products - Bend City Government Hospital Wood Products - Redmond 1. Denotes Seasonal employment. Source: Central Oregon Economic Development Council, Inc. Table 19 DESCHUTES COUNTY Retail Trade N 1= IT7111 �� �', go 1981 $403,304 $13,861.576 1982 416,133 14,487,767 1983 436,535 14,879,990 1984 340,299 14,267,550 1985 353,106 15,159,386 1986 364,508 15,872,208 1987 365,587 16,183,394 1988 402,009 17,724,240 1989 610,786 20,225.882 1990 681,612 22,416,796 1991 728,971 23,262,179 1981-91 Compounded Annual Rate of Change 5.53% 4.82% Source: Sales & Marketing Management, Survey of Buying Power. 29 1992 1500 1094 983 6681 6501 645 582 525 400 400 3801 319 2701 270 268 265 261 242 231 232 210 T 0 -3 t-'* 1-19-15`7 Table 20 DESCHUTES COUNTY Income Estimates Source: U.S. Department of Commerce, Bureau of Economic Analysis, Survey of Current Business Sales & Marketing Management, Survey of Buying Power. Table 21 DESCHUTES COUNTY Gross Farm Sales (in $000) Deschutes County Median Household Total Per Capka Income Mal Effeefive Ruj*ng fricome Mai Personal Income Deschutes State of $12,559 Deschutes State of $1,734,921 (in millions) Couna Oregon LLSA County Orepon 1981 $162.3 $9,159 $10,448 $10,949 $18,522 $19,036 1982 160.1 9,296 10,589 11,482 17,823 19,571 1983 176.0 10,301 11,281 12,100 19,615 20,825 1984 185.8 11,141 12,069 13,116 21,364 22,796 1985 787.0 11,795 12,641 13,899 19,982 21,385 1986 840.0 12,239 13,228 14,609 20,402 22.306 1987 900.0 12,899 13,851 15,425 20,217 22,309 1988 993.0 13,866 14,883 16,510 19,860 22,464 1989 1,137.0 15,520 16,009 17,592 21,452 23,624 1990 1,271.0 16,817 17,182 18,696 23,000 25,082 Source: U.S. Department of Commerce, Bureau of Economic Analysis, Survey of Current Business Sales & Marketing Management, Survey of Buying Power. Table 21 DESCHUTES COUNTY Gross Farm Sales (in $000) *Preliminary estimates. Source: Extension Economic Information Office, Oregon State University 30 Deschutes County Oregon C, -r= LivestocklProducts Mal !2= Livestock(Products Mai 1981 $4,571 $7,988 $12,559 $1,136,904 $598,017 $1,734,921 1982 5,083 8,471 13,554 1,076,495 656,993 1,733,488 1983 6,724 13,599 20,323 1,154,481 598,468 1,743,949 1984 7,045 17,740 24,785 1,178,167 639,792 1,817,959 1985 6,632 18,590 25,222 1,188,638 625,739 1,814,377 1986 5,639 18,673 24,312 1,266,969 661,385 1,928,354 1987 5,282 21,749 27,031 1,333,924 680,650 2,014,574 1988 6,720 30,286 37,006 1,564,836 741,674 2,306,510 1989 6,994 30,674 37,668 1,767,943 767,924 2,535,867 1990 6,987 32,654 39,641 1,765,172 855,558 2,620,730 1991 6,286 30,811 37,097 1,734,676 817,235 2,551,911 *Preliminary estimates. Source: Extension Economic Information Office, Oregon State University 30 k,ffM 1983 1984 1985 1986 1987 1988 1989 1990 1991 19921 Table 22 DESCHUTES COUNTY Building Activity Num her of Perm its Single Multi - 470 108 394 18 547 100 449 50 524 3 703 441 966 91 974 95 919 156 791 136 (1) Through August only. Source: State of Oregon Housing Agency. 31 Total Residential Costs: Construction and Alterations (in $000) $31,370 27,788 39,030 37,206 46,947 66,757 99,005 105,488 122,098 125,554 Total Non -Residential Costs: Construction and Alterations (in $000) $8,666 16,467 15,487 11,376 14,712 23,334 28,637 9,520 14,545 28,742 RATING The Bonds have been rated "_" by Moody's Investors Service, Inc., 99 Church Street, New York, New York. 10007 ("Moody's"). Such rating reflects only the view of the rating agency and an explanation of the significance of the rating may be obtained from the rating agency. There is no assurance that such rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by the rating agency if, in its judgment. circumstances so warrant. Any such downward revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. LEGAL MATTERS Preston Thorgrimson Shidler Gates & Ellis, Bond Counsel for the County, will render an opinion with respect to the validity of and tax exemption on the Bonds. A copy of such opinion of Bond Counsel is included in Appendix B of this Official Statement. UNDERWRITING . (the "Underwriter") has agreed, subject to certain conditions, to purchase the Bonds from the County less an underwriter's discount of $ Ile Underwriter will be obliged to purchase all such Bonds. if any such Bonds are purchased. TAX EXEMPTION General. In the opinion of Preston Thorgrimson Shidler Gates & Ellis, Portland, Oregon, Bond Counsel, interest on the Bonds is excluded from gross income subject to federal income taxation under Section 103(a) of the Internal Revenue Code of 1986 (die "Code"), provided the requirements of the Code described in this section under the heading "Continuing Requirements" are complied with. The Bonds are not private activity bonds and interest on the Bonds is not an item of tax preference for purposes of determining alternative minimum taxable income for individuals or corporations under the Code. However, interest on the Bonds is taken into account in the computation of adjusted current earnings for purposes of the corporate alternative minimum tax under Section 55 of the Code and in the computation of the environmental tax on corporations under Section 59A of the Code as more fully described in this section under the heading "Certain Federal Income Tax Consequences." Except as described herein. Bond Counsel expresses no opinion on any federal, state or local tax consequence arising with respect to ownership of the Bonds. Continuing Requirements. 'Me Code imposes a munber of requirements that must be satisfied for interest on state or local obligations, such as the Bonds to be excludable from gross income for federal income tax purposes. These requirements include limitations on the use of bond proceeds and the facilities financed or refinanced with such proceeds, limitations on the investment of bond proceeds prior to expenditure and a requirement that excess arbitrage earned on the investment of bond proceeds be paid periodically to the United States. The Issuer has covenanted in the bond documents that it will comply with these requirements. Bond Counsel's opinion will assume continuing compliance with the covenants of the Issuer contained in the bond documents pertaining to those sections of the Code which affect the exclusion from gross income of interest on the Bonds for federal income tax purposes and, in addition, will rely on representations by the Issuer with respect to matters solely within the knowledge of the Issuer, which Bond Counsel has not independently verified. If the Issuer should fail to comply with the covenants in the bond documents or if the foregoing representations should be determined to be inaccurate or incomplete, interest on the Bonds could become taxable from the date of delivery of the Bonds, regardless of the date on which the event causing such taxability occurs. 32 1 031-1-9-1540 Certain Federal Income Tax Consequences. The following is a discussion of certain federal tax matters under the Code. This discussion does not purport to deal with all aspects of federal taxation that may be relevant to particular bondowners. Prospective bondowners. particularly those who may be subject to special rules, are advised to consult their own tax advisors regarding the federal tax consequences of owning and disposing of the Bonds, as well as any tax consequences arising under the laws of any state or other taxing jurisdiction. Alternative Minimum Tax on Corporations. Section 55 of the Code imposes an alternative minimum tax on corporations equal to the excess of the tentative minimurn tax for the taxable year over the regular tax for such year. The tentative minimum tax is based upon alternative minimum taxable income which is regular taxable income with certain adjustments and increased by the amount of certain items of tax preference. One of the adjustments is a portion (75% for any taxable year beginning after 1989) of the amount by which a corporation's adjusted current earnings exceeds the corporations alternative miriiniurn taxable income (determined without regard to such adjustment and the alternative tax net operating loss deduction). Interest on tax-exempt obligations, such as the Bonds, is included in a corporation's adjusted current earnings. Environmental Tax on Corporations. Section 59A of the Code imposes an environmental tax on corporations for taxable years beginning before January 1. 1996 (subject to certain exceptions) equal to .12 percent of modified alternative minimum taxable income (determined, in part, without regard to the alternative tax net operating loss deduction) that is in excess of $2,000,000. Interest on tax-exempt obligations, such as the Bonds, is included in a corporatiori's alternative minimum taxable income for purposes of this environmental tax. The environmental tax is payable whether or not an alternative minimum tax is payable. Qualified Tax -Exempt Obligations. The Issuer has designated the Bonds as Qualified Tax -Exempt Obligations for banks, thrift institutions and other financial institutions so that such financial institutions will not be denied a deduction of 100% of their interest expenses allocable to the Bonds. However, corporate tax preference rules reduce by 20% the amount that may be deducted by such financial institutions for interest on funds allocable to tax-exempt obligations such as the Bonds. Borrowed Funds. 'Me Code provides that interest paid on funds bon -owed to purchase or carry tax-exempt obligations during a tax year is not deductible. In addition, under rules used by the Internal Revenue Service for determining when borrowed funds are considered used for the purpose of purchasing or when carrying particular assets, the purchase of obligations may be considered to have been made with borrowed funds even though the borrowed hinds are not directly traceable to the purchase of such obligations. Property and Casualty Insurance Companies. The deduction for loss reserves for property and casualty insurance companies is reduced by 15 percent of the sum of certain items, including the interest received on tax- exempt Bonds, such as the Bonds. Social Security and Railroad Retirement Benerits. The Code also requires recipients of certain Social Security or Railroad Retirement benefits to take into account, in determining gross income, receipts or accruals of interest that is exempt from federal income tax. Branch Profits Tax. Certain foreign corporations doing business in the United States may be subject to a branch profits tax on their effectively connected earnings and profits, including tax-exempt interest on obligations such as the Bonds. S Corporations. Certain S corporations that have subchapter C earnings and profits at the close of a taxable year and gross receipts more than 25% of which are passive investment income, which includes interest on tax-exempt obligations, such as the Bonds, may be subject to a tax on excess net passive income. In the opinion of Bond Counsel, interest on the Bonds is exempt from present State of Oregon personal income taxation. 33 01 FINANCIAL ADVISOR "19-1541 The County has retained Public Financial Management, Inc., Portland, Oregon, as financial advisor (the "Financial Advisor") in connection with the Bonds and with respect to the authorization and issuance of the Bonds. The Financial Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or to assume responsibility for the accuracy, completeness. or fairness of the information contained in the Official Statement. Public Financial Management, Inc., is an independent advisory firm and is not engaged in the business of underwriting, trading, or distributing municipal securities or other public securities. Public Financial Management, Inc., is a wholly-owned subsidiary of Marine Midland Bank, N.A., New York. New York. MISCELLANEOUS All quotations from and summaries and explanations of provisions of law herein do not purport to be complete, and reference is made to said laws for full and complete statements of their provisions. This Official Statement is not to be construed as a contract or agreement between the County and the purchasers or holders of any of the Bonds. Any statements made in this Official Statement involving matters of opinion are intended merely as opinion and not as representation of fact. 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 or its agencies, since the date thereof. CONCLUDING STATEMENT ne undersigned certifies that to the best of my knowledge and belief. (i) the Official Statement, both as of its date and as of the date of delivery of the Bonds, does not contain any untrue statement of a material fact or omit any statement of a material fact necessary to make the statements herein, in the light of the circumstances under which they were made, not misleading and (ii) between the date of the Official Statement and the date of delivery of the Bonds there has been no material change in the affairs (financial or others), financial condition, or results of operations of the County except as set forth in or contemplated by the Official Statement. DESCHUTES COUNTY By: Director Of Administration And Personnel 34 0" Appendix A JUNE 30,1991 AUDITED FINANCIAL STATEMENTS (PARTIAL) DONACA 225 NW Franklin Street BATTLESON P.O. Box 591 KERKOCH &CO Bend. Oregon 97709 Telephone 503/389-3080 r CERTIFIED PUBLIC ACCOUNTANTS Facsimile 503/389-3082 Board of Commissioners Deschutes County, Oregon We have audited the accompanying general purpose financial statements of Deschutes County, Oregon, and the combining, individual fund, and account group financial statements of Deschutes County, Oregon, as of and for the year ended June 30, 1991, as listed in the table of contents. These financial statements are the responsibility of Deschutes County, Oregon, management. Our responsibility is to express an opinion on these statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, Governmental Auditing Standards, issued by the Comptroller General of the United States, and provision of office of management and Budget Circular A-128 "Audits of State and Local Governments", and the provisions of the nMinimum Standards for Audits of Oregon Municipal Corporations" except that the county's general fixed asset records were not adequate for us to apply the tests necessary to express an opinion on the amount of aggregate original cost invested in the county's general fixed assets. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, except for the amount of aggregate original cost invested in general fixed assets, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Deschutes County, Oregon, as of June 30, 1991, and the results of its operations and cash' flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. Also, in our opinion, the combining, individual fund, and account group financial statements referred to above present fairly, in all material respects, the financial position of each of the individual funds and account groups of Deschutes County, Oregon, at June 30, 1991, and the results of operation of such funds and cash flows of individual proprietary funds for the year then ended, in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole and on the combining, individual fund, and account group statements. The accompanying financial information listed as schedules in the table of contents is presented for purposes of additional analysis and is not a required part of the financial statements of Deschutes County, Oregon. The information in these schedules has been subjected to the auditing procedures applied in the audit of the general purpose, combining, individual fund, and account group financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements of each of the respective individual funds and account groups taken as a whole. -X> JAL"'s—. i4c v -46J, 4 cc By:_ %-�� c,4L., Richard W. Donaca September 6, 1991 1 0119-1543 i,;-; .1 1. 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OR 97204-3688 Telephone: (503) 228-3200 Facsimile: (503) 248-9085 Draft Legal Opinion <<Initial Purchaser>> $7,000,000 Deschutes County, Deschutes County, Oregon General Obligation Bonds, Series 1992 We have acted as bond counsel in connection with the issuance by Deschutes County, Oregon (the "Issuer") of its General Obligation Bonds, Series 1992 (the "Bonds"), which are dated December 1, 1992 and are in the aggregate principal amount of Seven Million Dollars ($7,000,000). We have examined the law, a duly certified transcript of proceedings of the Issuer, prepared in part by us, and other documents which we deem necessary to render this opinion. We have relied on 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 investigation. 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 Bonds, 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. Based on our examination, we are of the opinion, under existing law, as follows: 1. The Bonds have been legally authorized under and pursuant to the Constitution and Statutes of the State of Oregon. The Bonds are valid and legally binding general obligations of the Issuer. The Issuer has pledged its full faith and credit to the payment of the Bonds. The Bonds are payable from ad valorem taxes which may be levied without limitation as to rate or amount on all taxable property within the boundaries of the Issuer, to the extent necessary funds are not provided from other sources. 2. Interest on the Bonds is excluded from gross income for purposes of federal income taxation under Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code"). We are also of the opinion that the Bonds are not private activity bonds. 3. Interest on the Bonds is not an item of tax preference for purposes of the federal alter- native minimum tax imposed on individuals or corporations, but is taken into account in the computation of adjmsted current earnings for purposes of the corporate alternative minimum tax under Section 55 of the Code and in the computation of the environmental tax on corporations under Section 59A of the Code. 4. Under the Code, the Issuer is required to comply with certain requirements relating to the use of the facilities financed with the proceeds of the Bonds and the use and investment of the proceeds of the Bonds. The Issuer has covenanted to comply with these requirements and our opinion assumes such compliance. Anchorage - Bellevue— Seattle - Spokane - Tacoma - Washington NbT�IDESCHM.CO\COPR-FAC.9ZOPN.DOC A Partnership Including A Professional Corporation PRESTON THORGRIMSON SHIDLER GATES & ELLIS JL Legal Opinion Page 2 Failure to comply with these requirements may cause the interest on the Bonds to be included in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds. 5. The Issuer has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code. 6. Interest on the Bonds is exempt from State of Oregon personal income taxes. Except as stated herein, we express no opinion regarding any fcderal, state or local tax consequences arising with respect to ownership of the Bonds. Owners of the Bonds should be aware that the ownership of tax-exempt obligations may result in collateral tax consequences. The opinions set forth above arc qualified only to the extent that certain rights and remedies of the Bondowners may be limited or rendered ineffective by applicable bankruptcy, insolvency, reorganization, moratorium or other laws orjudicial decisions or principles of equity relating to or affecting the enforcement of creditors' rights or contractual obligations generally. Our opinion is limited to matters of Oregon law and applicable federal law, and we assume no responsibility as to the applicability of laws of other jurisdictions. Respectfully submitted, PRESTON THORGRIMSON SHIDLER GATES & ELLIS Lawyers Appendix C 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 June 30, 1990, covered approximately 148,255 state and local government employees and 54,765 retired employee -beneficiaries. The system is administered by the Oregon Public Employees Retirement Board. Employee contributions and employer contributions are collected an used to fund a full formula pension retirement allowance. The pension is based on a statutory formula and is set according to an 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, 1989, and the other figures represent transactions during the 1989 calendar year - Total system net assets available for benefits $11,293,600,000 Total system benefit payments made 2,366,380.600 Total employer contributions 363,819,927 Total employee contributions 191,097,679 Total system investment income 1,811,425,976 Total annual payroll of members covered by the system 3,250,900,000 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 once every four years. The most recently completed evaluation, conducted by Milliman, and Robertson, Inc., indicates total system assets of $11,293,600 as of December 31, 1989. The December 31, 1989, actuarial valuation of the system reported that the present value of projected benefits to be earned in future years by present members is not fully funded. These two segments represent the unfunded actuarial liability. This is the amount by which the accumulated entry age costs for all non -retired members of the system exceed the assets available to meet benefit commitments. 'Me unfunded actuarial accrued liability is amortized over a rolling 30 -year period, commencing on the date of the actuarial valuation. The use of a rolling amortization period is a change from the fixed period ending in 2005 which had been utilized for most employers prior to the December 31, 1987, actuarial valuation. This change had no effect on the actuarial accrued liability at December 31, 1987 and 1988. Ile decrease in the unfunded actuarial liability from $881,800,000 in 1987 to ($73,400,000) in 1989 reflects the net impact of actuarial gains and losses, revised actuarial assumptions and benefit improvements enacted in 1989. A significant factor was an investment gain during 1988 and 1989 of $1,838,700. PERS funding policy for monthly employer contributions at actuarial determined rates that, expressed as a level percentage of annual covered payroll, coupled with employee contributions, are sufficient to accumulate sufficient assets to pay benefits when due. Employer contributions for 1989 were $363,819,927, equivalent to 11.19 percent of members' aggregate annual salaries of $3,250,900,000. Amounts actually contributed by employers were in accordance with actuarially computed funding requirement determinations. Employer contributions consist of three components: a normal cost rate, an unfunded liability contribution rate, and a rate for ad hoc increases. The rates for political subdivisions are presented in the aggregate. Actual rates for political subdivisions vary by employer. Effective January 1, 1989, the rates, as a percent of members' salaries, for the employer groups are: state agencies and community colleges, 10.22 percent-, schools, 11.80 percent; political subdivisions — police and fire, 17.53 percent, general services employees, 7.52 percent. All state agencies and community colleges are considered one employer, and for the purposes of actuarial comparison under ORS 237.081(l), all school districts are also regarded as constituting one employer. The current rates will be retained for all employer groups until July 1992, at which time the rate for state agencies and community colleges will be 8.59 percent and the rate for schools will be 10.86 percent. 36