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Resolution No. 92-05 CITY OF TIGARD,OREGON RESOLUTION NO.92-05 A RESOLUTION OF THE CITY OF TIGARD,OREGON,AUTHORIZING T riE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTES,SERIES 1992,IN AN AGGREGATE MATURITY AMOUNT NOT TO EXCEED$2,890,000 FORTHE PURPOSE OF INTERIM FINANCING OF THE 1MpRO V OMEN—IS FOR TRE DARTW-OVT,!?Z lu%:ET I-^r...'e LM4PROVEM F N T DISTRICT;PRESCRIBING THE FORM AND DETAIL OF SAID NOTES AND THE COVENANTS AND AGREEMENTS MADE BY THE CITY TO FACILITATE AND PROTECT THE PAYMENT "HEREOF. WHEREAS,pu suant to Ordinance No.88.08,passed by the City of Tigard,Oregon(the"City"), on May 9, 1988,which amended Ordinance No. 84-17, passed by the City on April 9, 1984 (collectively the "Dartmouth LID Ordinance"),the City approved the formation of a local improvement district(the"Dartmouth LID") to provide certain improvements set forth in the Dartmouth LID Ordinance(the"Improvements");and WHEREAS,pursuant to the Dartmouth LID Ordinance,upon completion of the Improvements the City shat!prcpate the final a-ss:sment rolls for the improvements,send notice of such assessments along with notice of a hearing on said proposed final assessments,and shall,after such hearing and after considering any comments on said proposed final assessments, finally assess the properties benefitted by the Improvements and cause such final assessments to be spread upon the benefitted properties;and WHEREAS, the City will allow the benefitted property owners to finance the assessments against their properties as provided in the Bancroft Bonding Act,ORS 223.205,et seq.,as amended,and the City intends to issue special assessment bonds or limited tax special assessment bonds to the extent of applications for payment in installments are received;and WHEREAS, pursuant to ORS 287.502,et seq., any city authorized to issue bonds under ORS 223.205,et seq.,is authorized to issue bond anticipation notes to finance the construction of public improvements of the character described in ORS 223.205;and WHEREAS, the Improvements are of the character described in ORS 223.205;and WHEREAS,as required under ORS 287.515(1),the City held a hearing on the Improvements on March 28,1988,and the City Council,acting upon the request of an affected property owner,continued that hearing to April 11,!988,has declared in the D'ati.urouth LID Ordinance its intention to construct the improvements;and WHEREAS,the City intends to issue its Limited Tax General Obligation Bond Anticipation Notes, Series 1992(the"Notes"),to provide the interim financing of the Improvements;and WHEREAS, this Council finds that Notes issued pursuant to this authority do not exceed in the aggregate the current estimated cost of the Improvements and that the maturity date of the Notes herein authorized is not later than two years from the date of issuance of the Notes; THE CITY OF TIGARD ORDAINS AS FOLLOWS: 1. Notes Authorized. The City Council authorizes the issuance of Limited Tax General Obligation Bond Anticipation Notes, Series 1992 (the"Notes") in an aggregate maturity amount not to exceed$2,890,000 pursuant to ORS 287.502, et seq., as amended, for the purpose of funding the interim construction of the Improvements and the costs of issuing these Notes. The Notes shall be dated the date of delivery or such other date designated by the City Administrator or the Finance Director shall mature on February 1,1994,and shall bear interest payable at maturity or prior redemption from their dated date at a rate which shall not exceed a net effective rate Page I Resolution No.92- 05 - of 4.9%. The Notes shall be in denominations as specified in consultation with the purchaser of the Notes. The Notes shall be payable upon presentation and surrender thereof in lawful money of the United Stares or Amctica by check or draft by United States National Bank of Oregon,Portland,Oregon,the City's paying -ae nt,or its successor. 2. Redemption. The Notes are subiect to prior call and redemption in whole on August 1, 1993,and the first day of each month thereafter until maturity in an amount equal to the accreted value of such Notes on the redemption dates. Unless waived by any registered owner of Notes to be redeemed, official notice of any such redemption shall be given by the Registrar on behalf of the City by ma?ling a copy of an official redemption notice by registered or certified mail not less than 15 days nor more than 30 days prior to the date fixed for redemption to the registered owner of the Note or Notes to be redeemed at the address shown on the Register or at such other address as is fumished in writing by such registered owner to the Registrar. All official notices of redemption shall be dated and shall state: (1) the redemption date, (2) the accreted value of the Note on such redemption date, (3) that on the redemption date the accreted value will become due and payable upon each such Note called for redemption,and that interest thereon shall cease to accrue from and after said date,and / (4) the place where such Notes are to be surrendered for payment of the accreted l value,which place of payment shall be the principal corporate trust office of the Registrar. The Registrar shall also cause to be published the official notice of redemption as required in ORS 287.508,as may be amended. Prior to any redemption date,the City shall deposit with the Registrar an amount of money sufficient to pay the accreted value of all the Notes which are to be redeemed on that date. Official notice of redemption having been given as aforesaid,the Notes so to be redeemed shall,on the redemption date,become due and payable at the accreted value therein specified,and from and after such dare (unless the City shall default in the payment of the accreted value)such Notes shall cease to accrue interest. Upon surrender of such Notes for redemption in accordance with such notice,such Notes shail be paid by the Registrar at the accreted value. Notes which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. In addition to the foregoing notice, further notice shall be given as may be otherwise required by law. No defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. 3. Security. The Notes are payable from proceeds of the assessment bonds to be sold upon completion of the improvements and as otherwise provided in Section 4 hereof;provided that if the City is not able ro sell assessment bonds for the Improvements,the City intends to issue limited tax assessment bonds for the Improvements (the permanent financing in whichever form being collectively referred to herein as the"Bancroft Bonds"). The furl faith and credit of the City and any taxes which the City may levy within the limitations of section 11 or 1lb,Article XI of the Oregon Constitution are also pledged to the punctual payment of the Notes. Page 2-Resolution No.92-D5 — MF si — � --- 4. Notes Sinking Fund. The Finance Director is directed to establish a sinking fund,commonly known as the Bancroft Bonded Debt Sinking Fund-Series 1992 Notes(the"Fund").to which shall be deposited all proceeds from the collection of unbonded assessments,the sale of improvement bonds pursuant to ORS 223,205,et seq.,and the foreclosure of improvement liens for unbonded assessments realized from the Improvements with respect w such Notes. The deposits in the Fund shall be applied to the call and payment of such Notes and such funds shall not be transferred,borrowed,diverted or used for any orher p,mnce a-n.i 6_.Aast._«e to held account t nor and apply such funds as provided in this section,the Finance Director shall be personally liable and shall also be liable on the official bond to the holders of such Notes. 5. Sale of Notes. The City Manager or Finance Director is authorized to enter into a Purchase Contract for the Notes with United States National Bank of Oregon,(the"Underwriter'). The Finance Director of the City is hereby authorized and directed to prepare and execute the Notes in the manner hereinafter specified,to cause the Notes to be registered and authenticated with United States National Bank of Oregon,Portland,Oregcn (the"Registrar'),and to deliver the Notes to the Underwriter,upon payment of the purchase imce of$2,633,416.40. 6. Temporary Nores. The Notes herein authorized cony he issued as one or more t_ __ ,1.70« which may be typewritten and exchanged for definitive Notes when available. r r 7. Form and Denomination. The Notes shall be executed on behalf of the City with the manual or facsimile signature of the Finance Director. The Notes shall not be valid or prove obligatory,cr any purpose or be entitled to any securityor benefit under this Resolution until the Certificate of Authentication thereon shall have been dated and executed by manual signature of a duly authorized officer or employee of the Registrar. The Notes shall be issued substantially in the form as set forth in Exhibit A hereto and in such names and such denominations as requested by the Underwriter. _ 8. Authentication.Registration and Transfer. (1) All Notes shall be in registered form. The City hereby appoints United States National Bank of Orcgon, Portland, Oregon, to serve as paying agent and registrar for the Notes (the 'Registrar'). A successor Registrar may be appointed for the Notes by ordinance or resolution of the Ciry. The Registrar shall provide notice to Note owners of any change in the Registrar not later than the interest payment date following the change in Registrar. (2) No Note shall be entitled to any right or benefit under this Resolution unless it shall have been authenticated by an authorized officer or employee of the Registrar. The Registrar shall authenticate all Notes to be delivered at closing of this Note issue, and shall additionally authenticate all Notes properly surrendered for exchange or transfer pursuant to this Resolution and any Note issued in lieu of any mutilated,destroyed,lost or stolen Notes. (3) The o-w:cship of all Notes shall be entered in the Note register maintained by the Registrar;and the City and the Registrar may treat the person listed as owner in the Note register as the owner of the Note for all purposes. (4) The Notes(or accreted value in the event of redemption prior to maturity)shall be payable upon maturity or earlier redemption at the office of the Registrar upon presentation and surrender of the Note. (5) Notes may be exchanged for an equal principal amount of Notes of the same maturity which are in different denominations,and Notes may be transferred to other ovines if the Note owner submits the following to the Registrar. Page 3-Resolution No.92-05 (a) wri ten instructions for exchange or transfer satisfac',ory to the Registrar, signed by the Note owner or his attorney in fact and guaranteed or witnessed in a manner satisfactory to the Registrar;and (b) the Notes to be exchanged or transferred. (6) Each Note delivered under this Resolution upon transfer or exchange for,or in lieu of,any other Note shall carry all the rights that were carried by such other Note. Tree Registrar shall note the date of authentication on each Note. The date of authentication shall be the date on which the Note owner's name is listed on the Register. (7) For purposes of this Section,Notes shall be considered submitted to the Registrar on the date the Registrar actually receives the materials described in subsection(5)of this Section 8;provided they are received by noon,otherwise,they will be deemed received and registered the following business day. (8) The City may alter these provisions regarding registration and transfer by mailing notification of the altered provisions to all Note owners. The altered provisions shall take effect on the date stated in the notice,which shall not be earlier than 45 days after notice is mailed. 9. Construction Account. The proceeds of the Notes hereby authorized shall be deposited in the Improvements Construction Account c..-eated hereunder (the "Construction Account"). The amounts in the Construction Account exceeding the insurance available from the Federal Deposit Insurance Corporation shall be secured by the depository bank in accordance with state and federal law. Withdrawals from the Construction Account shall be made only on cheeks signed by the Finance Director as authorized by the Council,and only for the purposes for which the Notes were issued as specified in the estimate of costs,including costs of issuance of the Notes. The City's share of any liquidated damages and other moneys paid by defaulting contractors or the sureties shall be deposited in the Construction Account to assure completion of the Improvements. When the construction of the Improvements has been completed,or all construction costs have been paid in full,any balance remaining in the Construction Account shall be used to pay or apply on the payment of any such Notes as may thereafter Fall due, or,if said Notes have been paid from the proceeds of the sale of its Bancroft Bonds,then the balance shall be applied to the payment of the Bancroft Bonds in the manner prescribed by the resolution authorizing the Bancroft Bonds. The City shall keep records of all expenditures from the Construction Account designating whether the expenditure is for the Improvements or cost of issuance of the Notes. Funds in the Construction Account may be used to pay contractors and vendors directly for the Improvements,or paid directly to the City to reimburse the City for expenses already paid by the Ciry from finds other than those held in the Construction Account. T ne City currently has expenses for which it will be reimbursed at the closing of the Note issue. 10. Other Documents and Proceedings.The actions to date of the City Administrator,Finance Director and other City staff are hereby ratified. The officers and officials of the City are hereby authorized and directed to execute and carry out or cause to be carried out the obligations which are necessary or advisable in connection with this Resolution and the issuance,sale and delivery of the Notes, including, but not limited to, agreements with financial institutions to serve as paying agent and registrar,in accordance with Section 7 hereof. The officers and officials of the City are further authorized and directed to prepare and furnish to the attorneys passing on the legality of the Notes, certified copies of all proceedings, ordinances,resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Notes,and all Page 4-Resolution No.92-05 certified copies,certificates,affidavits and other instrumens so furnished shall constitute representations of the City t as to the correctness of all facts stated or recited therein. 11. Tax Covenants. The City cuveaants that it will not take any action,or fail to take any action,if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Note-under Section 103 of the Internal Revenue Code of 1986,as amended(the"Code'). The City will not directly or indirectly use or permit the use of any proceeds of the Notes or any other funds of the City,or take or omit to take any action,that would cause the Notes to be"arbitrage bonds"within the meaning of Section 148(a)of the Code. To that end,the City will comply with all requirements of Section 148 of the Code to the extent applicable to the Notes. 12. Small Issuer Exemption from Bank Nondeducribility Restriction. The City hereby designates the Notes as "qualified tax-exempt obligations" as defined in Section 265(b)(3)(B) of the Code. The aggregate face amount of all tax-exempt obligations(excluding private activity bonds other than qualified 501(c)(3)bonds) issued or to be issued by the City (and all subordinate entities thereof) during the calendar year 1991 is not reasonably expected to exceed$10,000,000. The City hereby covenants that the City and all its subordinate entities will not issue in excess x£$10,000,000 of qualified tax-exempt obligations(including the Notes but excluding private activity bonds other than qualified 501(c)(3) bonds) during the calendar year 1992 without first obtaining an opinion of nationally recognized counsel in the area of municipal finance that the designation of Notes as"qualified tax-exempt obligations"will not be adversely affected. 13. Small Issuer Exemption from Rebate Requirements. In accordance with Section 148(f)(4)(C)of the Code,the City represents and warrants that it is a governmental unit with general taxing powers;that the Notes are not private activity bends as defined in Section 141 of the Code;that 95%or more of the net proceeds of the Mores are to be used for the local government activities of the City and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City(and all subordinate entities)during tiie calendar year 1992 is not reasonably expected to exceed$5,000,000. lis. Approval of the Preliminary Official Statement. It is hereby found that the Preliminary Official Statement,dated January 17,1992,attached hereto as Exhibit B,does not contain material which is misleading or an untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made,not misleading,with respect to matters contained therein relating to the City. The use and public distribution of the Preliminary Official Statement is hereby ratified,approved and confirmed. 15. Rep2rt of Financial Advisor. Prior to entering into the Purchase Contract with the Underwriter the Finance Director shall obtain and review a report of the Financial Advisor to the City pursuant to ORS 287.028,as amended,evaluating the terms of the Purchase Contract. 16. Effective Date of Resolution. This Resolution shall take effect and be in full force from and after its passage and approval. PASSED by the Council,with a quorum in attendance,this 28th day o1juary, 1992. City of Tigard ATTEST- acunc;l PreSiAeo+ Mec'order, City of Tigard Page 5-Resolution No.92-05 re C EXHIBIT A-FORM OF NOTE R $ UNITED STATES OF AMERICA CITY OF TIGARD WASHINGTON COUNTY,OREGON LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTE SERIES.92 APPROXIMATE YIELD TO MATURITY: 4.500535% MA''URTIY DATE:February 1,1994 NOTE DATE:February 3,1992 CUSIP NUMBER- Registered UMBERRegistered Owner. Maturity Amount: THE CITY OF TIGARD,OREGON(the"City"),for value received,acknowledges itself indebted and hereby promises to pay m the reglsrczed owner specified above,or registered avigns,the Maturity Amount specified above on the above Maturity Dam. The Now (or Accreted Value of the Now in the event of redemption prior to the Maturity Dam)is payable upon presentation and surrender of this Now rn the principal corporate trust office of United Steres National Bank of Oregon,Portland,Oregon,the City's paying agent and registrar(rhe "Re,girtraz")in lawful money of d-.e United Stares of Aram... This Now,L,e"_no noted rate of interest. The M-w iiry Amount represents the original principal amount of this Now,plus interest from the Now Dam on the Maturity Dam at the Approximate Yield to Maturity,all as shoals above. ADDITIONAL PROVISIONS OF THIS NOTE APPEAR ON THE REVERSE SIDE;THESE PROVISIONS HAVE 71-TE SAME EFFECT AS IF THEY WERE PRINTED HEREIN. - The Notes am issuable in the form of registered Notes without coupons in maturity amount denominations of$5,000 or any Integral multiple thereof. The original principalamount of a Now with a Maturity Amount of$5,000 is$4,575.30. Notes may be exchanged for Notes of the sune aggregate maturity amount,but different authorized denominations in the manner and subject to the conditions set forth in the resolution of the Ciry authorizing the issuance of the Notes adopted on January 28,1992(the"Resolution"). Any transfer of this Note must be registered,as provided in the Resolution,upon the Now register kepi for that purpose at the office of tine Registrar. The City and the Registrar may treat the person in whose name this Now is registered as its absolum owner for all purposes,as provided in the Resolution. The Now owner may exchange or aansfer any Now only by surrendering it,together with a wt!rren iz strument of e=hana o r.is sat,".-uay w the Regiscar and duly executed by the registered owner or his duly authorized attorney,at the office of the Registrar in the manner and subject m the conditions set forth in the Reso!udon. This Now is one of the 1-1—ited Tax General Obligation Bond P ticiparion Notes,Series 1992,of the City,issued in the aggregate maturity amount cf$2,890,000 and is issued by the City pursuant to Oregon Reviud Srarawe 287.502,et seq.,for the purpose of providing construction financing for certain public improvements(tile"Improvements'). The Notes are payable from pro._eeds of^_.sem_----s..tt bonds h;.h the City intends to issue upon completion of the Improvements and as otherwise,provided in the Resolution;provide that if the City is not able to sell asscesment bonds for the Improvements,it intends to issue limited tax assessment bonds for the Improvements. The full faith and credit of the City and any taxes which the City may levy within die limitations of section I I or I1b,Article X!of rhe Oregon Constitution are also pledged m the punctual payment of principal of and intermsr o.s the Notes.The Finance D—tor is directed to establish a sinking fund,commonly known as the Bancroft Bonded Debt Sinking,=und-Series 1992 Notes(the"Fund"),to which shall be deposited all proceeds from the collection of unbonded asaesamentr,the sale of improvement bonds pursuant to ORS 223,205,et seq.,and the f losure of improvement limn for unbonded assessments mal;+,et from die Improvements with respect to such Notes.Tice deposits in the Fund shall be applied to the call and payment of such Notes and such hinds shall not be transferred,borrowed,diverted or used for any other purpose. The Notes have been issued in full and complem compliance with he Constitution and laws of the Stam of Oregon and the Chanter of the City. The Notes are subject to optional redemption on August 1,1993,and the fust day of each month thereafter until maturity Page 6-Resolution No.92-05 Awn M—'jw JUMM km MM in m amount equal to the aced value of such Notes on rhe redempdon dates(the"Accreted Value"). The following table Ibm rhe accr A ( value f each redemption dace of a Noce with a maturity amount of$5,CO0.M 1>Ate Accr<tod Val— August 1,1993 $4,899.93 Sept caber 1,1993 4,908.10 October 1,1993 4,926.33 November 1, 44 1993 4,9 .63 December 1,1993 4,963.01 January 1.1994 4,981.45 February 1,1994 5,000.00 Unless waived by any regIsrered owner of Notes to be redeeared,offtcial nodrx of any ouch redempdon Sall be given by the Ragistrar m behalf of rhe ary by mailing a copy of an official redemption nor;...by mgisrered or certified mail not leas than 15 days nor mare than 30 days prior to the data fixed for redempdon to rhe registered owner cf tl-Nom or Nom to be redeemed at the address shows on the Register mat such other address as h fumished in writing by such registered oaxser w the Registrar.Notice of redemprion having been given as afareaaid, the Norec so to be redeemed&hall,on the redemption dare,become due and payable at the Accrered Value drereln specificd,and from and aft- such dam(unless the City shall default in the payment of the Accreted Value)such Nom shall cesse to accrue interest Upon surrender of such Notes for tedemptim in accordance with such notice,mch Notes&hall be paid by the Regatrar at the A—red Value. The Notes have been designated by the aty as"qualified tax-exempt obligations"for purpc+srs of Secrets 265(b)(3)of the Internal Revenue Code of 1986. TT IS HEREBY CERTIFIED,RECITED,AND DECLARED that all conditions,acts,and things required to exbr,to happen, and to be performed preccdsmc w and in the issuance of this Nore have exf .have happened,and have been perf ed in due time,form and manner as required by the Constitution and stature of the Stam of Oregon and the Charter of the City,and that the issue of which this Note 13 a part,and all other obligadens of such City,arc within every debt limitation and other limit prescribed by such Constitution and statures and Charter of the City. CITY OF MOARD,OREGON Finance Director THIS NOTE SHALL NOT BE VALID UNLESS PROPERLY AUTHENTICATED BY THE REGISTRAR IN THE SPACE INDICATED BELOW. AUTHF*?TfCA'PON DATE.- REGISTRARS CERTIFICATE OF AUTffENTICATION This is one of the City's Limired Tax General Obligation Bond Anticipation Nores, :cries 1992,issued pursuant to the Tiesoludon described herein. United Stam National Bank of Oregon,as Re&= By Authorized Officer Page 7 Resolution No.92-05 �. ASSIGNMENT FOR VALUE RECEIVED,the undersigned sella,asalegv and transfers please insert social security or other identify number of assignee on above line. the within Nox and does hereby irrevocably constitute and appoint as attorney to transfer this Note on the books kept Cor registration thereof with the full power of aubstitutic-in the premises. NOTICE:The signature to this assignment must correspond with the name of the registered ownerr as it appears upon the face of the within Now in every particular,without alteration or enlargement or any change whatever. NOTICE: Sig.,ntre(s)must be Sig­.Guaranteed guaranteed by a member of the New York Stock Estrange or a commercial bank or (Bank,Trust Company or Brokerage Finn) trust company. Aurhorirxd Officer The following abbreviations,when used in the inscription on the face of the within Now,shall be construed as though they were written out in full according to applicable laws or regulations. TENCOM—tenants in—a— TEN ENT--as renanm by the entireties IT TEN --as joint ronano with right of au h crahip and not as tenanffi in common OREGON CUSTODIANS use the following. CUST UL OREO as custodian under the laws of Oregon for MIN (Minor's name) Additional abbreviations may also be used thougb not in the list above. Page 8-Resolution No.92-05 t. d s w 1:1111 12:12 510 1:1 WMM amig PRELIMINARY OFFICIAL STATEMENT DATED: January 17,1992 NEW ISSUE-NEGOTIATED RATING:Non-rated In the opinion of Davis Wright Tremaine,Bond Counsel,under existing federal law and assuming compliance with certain covenants, Original Issue Discount on the Notes is excludable from the gross income of the owners of the Notes 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 Original Issue Discount on the Notes may,however,be subject to other collateral tar consequences. In the opinion of Bond Counsel,Original Issue Discount on the Notes is exempt from present personal income taxation by the State of Oregon. See'-fax Exemption"herein. CITY OF T'IGARD, OREGON 0 $2,643,945.60* 0 0 LIMITED TAX GENERAL OBLIGATION o BOND ANT'ICIPAT'ION NOTES S o (Dartmouth Street LID Project) Series 1992 oc DATED:Date of Delivery DUE:February 1,1994 � o The Notes are registered notes in Maturity Amounts amounts of 55,000 or integral multiples thereof. 9 v Accrued Value on the Notes shall be payable only at maturity or prior redemption upon presentation and o surrender thereof through the principal corporate trust offices of the registrar and paying agent of the City, cW currently United States National Bank of Oregon,Portland,Oregon. r. nNote proceeds will be used to pay for the costs of local improvement projects that will be assessed o a against the benefited properties. The Notes are limited tax general obligations of the City and are secured by •" _ and payable from the proceeds of permanent financing to be sold upon completion of the projects. Noses are c secured by the full faith and credit of the City and any taxes which the City may levy within the limitation of u section 11 or l lb.Article)U of the Oregon Constitution. $ c MATURITY SCHEDULE N L g Original Approximate Price Maturity Principal Maturity Yield to Per$5,000 H _.1 Psi1C t l&itII1 AMQU L WaLgrify At P�atLritp February 1,1994 $2,643,945.60" $ % 8 Redemption Provision-The Notes are subject'n redemption on August 1,1993,and on the first day of each month thereafter. See"Optional Redemption of the Notes"herein. ._ Bank Designation-These notes,combined with all other anticipated tax-exempt issues of the City,total less than $10,000,000 for calendar year 1992. Therefore the City has designated the Notes as"qualified tax- exempt obligations"pursuant to the Internal Revenue Code of 1986. Legal Opinion-The Notes are offered when,as and if received by the Underwriter,subject to prior sale,or withdrawal or modification of the offer without notice,and to the approval of legality by Davis Wright Tremain,Portland Oregon,Bond Counsel. Certain legal matters will be passed upon for the City by the City Attorney. Notes in definitive form will be available for delivery through the Depository Trust Company in New York,New York on or about February 3.1992. UNDERWRITER: U.S. NA'TIONAI, BANK "Approximate,subject to change. TABLE OF CONTENTS Page DESCRIPTION OF SERIFS 1992 NOTES Table 1: Table of Accreted Values Per a$5,000 Maturity Amount Note 3 Legal Issues Rela:ed to Dartmouth LID Project 4 TAX INFORMATION Approved Legislation 6 Table 2: Representative Consoiidated Tax Rates 7 `ME LOCAL IMPRCVEMBNT PROJECT General Improvement Project Procedures 8 The Project 8 Table 3: Sources and Uses of Funds 9 THE CITY OF TIGARD Government 10 Table 4: City Council and Other Officials of the City 10 Administration 10 Staff I 1 Table 5: Bargaining Units and Contract Status 11 Table 6: Facilities i I FINANCIAL INFORMATION Bases of Accounting 12 Fiscal Year 12 Audits 12 Budgeting 12 Table 7: General Fund-Consecutive Balance Sheets 13 Table 8: General Fund-Consecutive Statement of Revenues and Expenditures 14 ECONOMIC AND DEMOGRAPHIC INFORMATION Land Use Planning 15 Population 15 Employment 15 Economic Development 16 Utilities 16 Public Facilities 14 Transportation 17 Agriculture 17 Information Sources 18 Economic and Demographic Tables 18 Table 9: Population Estimates 18 Table 10: Average Annual Unemployment 19 Table 11: Labor Force 19 Table 12: Employment 20 Table 13: Gross Farm Sales 21 Rating 22 Legal Matters 22 Underwriting 22 Tax Exemption 22 Financial Advisor 23 Miscellaneous 23 Concluding Statement 23 APPENDIX A: June 30,1991 Audited Financial Statement(Partial) APPENDIX B: Legal Opinion loll - OFFICIAL STATEMENT OF THE CITY OF TIGARD OREGON Relating to $2,643,945.60- Limited Tax General Obligation Bond Anticip2tion Note; Series 199' The purpose of this Official Statement is to set forth certain information concerning the City of Tigard.Oregon (the City),the Dartmouth LID Project(the Improvement Project),and the City's Bond Anticipation Notes,Series 1992,dated as of the date of delivery(the Notes). Capitalized terms not defined in this Official Statement have the meanings as established in the Resolution. All quotations from and summaries and explanations of provisions of the Resolution do not purport to be complete,and reference is made to the Resolution for full and complete statements of its provisions. A copy of the Resolution is available upon request. Description of the Series 1992 Notes The Notes are limited tax general obligations of the City and are secured by and payable from the proceeds of permanent financing to be sold upon completion of the projects and as further described herein. The Notes are secured by the full faith and credit and any takes which the City may levy within the limitation of section 11 or 1 ib,Article XI of the Oregon Constitution. The Accreted Value on the Notes will be paid at the Maturity Date or a prior redemption by check or draft upon presentation and surrender of the Notes at the office of the Paying Agent/Registrar,currently United States National Bank of Oregon,Portland,Oregon. NATURE OF NOTES The Notes are being issued as fully registered,deferred interest notes. The Notes will be dated as of the date of delivery. Interest on the Notes shall be payable only at maturity or upon optional redemption,upon presentation and surrender thereof on or after the maturity date at the principal corporate trust office of the Paying Asent/Regist—ar,currently United States National Bank of Oregon,Portland,Oregon. The maturity amount is the original principal amount plus accrued.deferred interest from the date of the issuance of the Notes to the maturity date of the Notes. Notes may be transferred upon the books of the Paying Agent/Registrar by the registered owners thereof,in person or by a duly authorized attorney,upon surrender thereof at the office of the Paying Agent/Registrar,accompanied by delivery of a written,duly executed instrument of transfer in a form approved by the Paying Agent/Registrar and the City. Notes may be exchanged for Notes of other authorized denominations of the same tern and aggregate maturity amount. AUTHORIZATION The Notes are being issued pursuant to the authority established in ORS 287.502,et seq.,which provides general authority for cities to borrow money to provide interim financing for capital projects and Resolution No. adopted by the City Council on *Approximate,subject to change. 1 A ii 11,01 1 PAYMENT AND SECURITY FOR THE NOTES The Notes are limited tax general obligations of the City. The full faith and credit of the City and any taxes which t, the City may levy within the limitation of the Oregon Constitution are pledged to the punctual payment of the Notes. The City has covenanted in the resolution to establish a fund to which shall be deposited all proceeds of permanent Financing,the proceeds of unbonded assessments,the foreclosure of improvement liens for unbonded assessments realized from the Improvement Project and any unspent note proceeds which may be available on the maturity date of the Notes. The deposits in the fund shall be applied to the payment of such Notes and such funds shall not be transferred,borrowed,diverted,or used for any other purpose. It is currently the intent of the City,upon completion of the Improvement Project,to issue special assessment bonds to provide long-term financing for the Improvement Project. Should the City be unable to market special assessment bonds,the City will issue limited tax general obligation bonds to provide long-term financing for the Improvement Project. THE OPHONAL REDEMPTION OF THE NOTES The Notes are subject to optional redemption prior to maturity on the first day of each month, commencing August 1, 1993. All Notes called for redemption shall cease to accrue interest from the date of redemption designated in the redemption notice. The amount payable upon redemption of any Note is an amount equal to the Accreted Value of such Note on the applicable Redemption Date. The Redemption Price for a$5,000 Maturity Amount Note on an Optional Redemption Date is set on the Table of Accreted Values. Notice of redemption will be mailed to the registered owners of the Notes by First-class mail not less than thirty(30) days prior to the intended redemption date. INVESTOR SUITABILITY AND RISK The Notes are not suitable for all investors. Investors should consult with qualified advisors to determine whether the Notes are a suitable investment. The Notes may offer certain advantages over other types of taxable and tax- exempt notes for investors seeking capital accumulation. However, the Notes are subject to certain risks and consequences that ars different from other investments. Several important factors must be considered to determine whether the Notes are suitable for a particular investor. Some of the factors that should be considered are discussed below. The following discussion is not intended to be a complete listing of all factors that should be considered. After-Tax Yield The value of an investment return may be affected by Federal. State. and local income taxes and other taxes. Investments should be compared for their after-tax return to the investor. Income Tax Treatment of Original Issue Discount The Notes are being initially offered and sold to the public at a price which will result in original issue discount for Federal income tax purposes. For a description of the Federal income tax treatment of original issue discount. see"Tax Exemption--Tax Treatment of Original Issue Discount,"herein. No Payment Prior to Maturity;Automatic Reinvestment The Notes do not pay interest to the holder prior to maturity or redemption. Interest accrues and compounds semiannually over the life of such notes. Effectively,the interest is automatically reinvested on a semiannual basis at the approximate note yield to maturity. However,automatic reinvestment prevents an investor from reinvesting interest earnings at a higher yield if interest rates are higher at the time of reinvestment. Also,if money is needed for other uses,an investor cannot obtain any funds from a note prior to maturity or redemption i ( without selling the notes. See"Market Risk." 9 v Market Busk The original purchase price plias the accrued amount of the deferred interest Note will not necessarily equal the market value of that deferred interest note at any time. The market value of a deferred interest note is determined by a number of factors.including but not limited to the yield on that deferred interest note,yields available on other taxable and tax-free investments and general market conditions. Purchasers who may have to sell Notes prior to maturity should consider the special market risk associated with Notes. The stated approximate yield on the Notes is determined under the assumption that the Notes will be held to maturity or redemption. The yield could be affected if the Notes were sold prior to maturity or redemption. The resale value of the Notes will be affected by market factors,particularly the prevailing interest rates at the time of the sale. If the deferred interest notes are resold when interest rates are higher than at the time the deferred interest rotes are purchased,the investor'may realize a loss on the investment. Deferred interest notes have been subject to greater market volatility than current interest notes. (This statement is based on historical market results and should not be construed as a prediction of future market behavior.) A change in interest rates is likely to have a greater impact on the deferred interest notes than on a traditional note. In any case,if an investor wishes to sell the deferred interest notes prior to maturity,the investor should not necessarily expect to realize the original purchase price plus the accrued amount. ACCRETED VALUE OF THE NOTES The following Table of Accreted Values sets_forth the Accreted Value for a$x,000 Maturity Amount mote as of each date the notes are subject to optional redemption. The Accreted Value of a Note is an amount equal to the Original Issue Price of such Note plus interest compounded semiannually(calculated on the basis of a 360-day year comprised of 30-day months)from the issue date to the redemption date shown below at the approximate yield on the Notes. Table 1 City of Tigard Table of Accreted Values Per a$9,000 Maturity Amount Nate Date Arcret!d Value 09-01-93 10-01-93 11-01-93 12-01-93 01-01-94 02-01-94 $5,000.00 The Accreted Value pf a Note does not necessarily equal the market value of that Note at any time. The market value of a Note is determined by a number of factors,including but not limited to the yield on such a Note,the creditworthiness of the City at the time in question,yields available on other investments,and general market conditions. PURPOSE OF THE NOTES The Notes are being issued to provide funds for the interim financing of certain local improvements within the Dartmouth Street Local Improvement District. For a further explanation of the purpose see"The Project"herein. 3 a RM _.. . __ �. - - --- - I LEGAL ISSUES RELATED TO DAR'PMOUTII LID PROJECT Opponents of the project have filed numerous lawsuits seeking to prevent the project. The litigation has been filed in both Washington County Circuit Court, the Oregon Land Use Board of Appeals,and Marion County Circuit Court. Martin v.City of Tigard,78 Or App 181,714 P2d 1115(1986). This case was the Martins'initial challenge to the LID. They claimed that the formation of the LID was illegal in a number of respects. The trial court ruled against them and for the City on all claims. The Oregon Court of Appeals found to the formation of the LID to be withnot McHt_.—d affirmed all of the trial court's rulings. The Court of Appeals did discover a defect,not raised by the parties, in that a small section of the proposed roadway was located outside of the LID boundaries,but the cost of that section of the roadway was mistakenly included in the LID assessments. The Court of Appeals remanded the LID to the City for reassessment. This case established that the City followed proper procedures in forming the LID. . Gordon R.Martin,et al.v.City of Tigard.LUBA No.88-034(September 19,1988). In this case,the Martins,filed an appeal with the Land Use Board of Appeals,challenging the City's adoption of Ordinance 88-08,which amended the 1984 ordinance that had established the LID. Ordinance 88-08 was adopted, In part, to correct the deficiency pointed out by the Court of Appeals in the case discussed above. LUBA agreed with the City,determining that Ordinance 88-08 was not a land use decision within LUBA's jurisdiction. and, even if it were, the Martins' challenge was actually based upon a superseded draft agreement between the City and the Oregon Department of Transportation,and the Martins'had provided no basis for LUBA to review Ordinance 88-08. . Gordon R.Martin,et al.v.City of Tigard, 101 Or App 676(1990),review denied 311 or 60(1990). In this case the Martins challenged the validity of the local improvement district on the basis that there had been"substantial changes"to the LID subsequent to its formation,thereby necessitating the City Council to reinstitute the LID formation process. The trial court granted the City's motion for summary judgement,the Court of Appeals affirmed the trial court without opinion,and the Oregon Supreme Court denied review. • Gordon R.Marlin v.State of Oregon,et al.Marion County Circuit Court No.91 C10659-1. This case,brought by Gordon R. Martin against the State of Oregon and the City of Tigard, is now pending in Marion County Circuit Court. The plaintiffs claim is based solely on the assertion that the state,through ODOT,illegally renewed a road approach permit that had been granted to.the City of Tigard. It is the plaintiffs position that because the renewal was effected after the period that the initial permit had expired,the renewal itself was invalid and the City must reapply for a new permit. Both the City and ODOT have argued to the court that OAR 734-50-050 provides explicit authority for the permit extension. In his letter ruling of October 31,1991,Marion County Circuit Court Judge Robert AdcConville determined that the extension would be found valid if ODOT's District Engineer properly determined "whether in the interim since the issuance of the permit there has been a substantial change in the circumstances and conditions which were material to the issuance of the permit,and,if so,whether under such changed circumstances the continuation of the permit and the extension of the completion date are proper." The parties have submitted supplemental briefs on the issue raised by the judge,and oral argument were presented on January 3rd. The City expects Judge McConville to render his ruling within the month. Should the courts ultimately rule that a new permit has to be issued, the City believes that they would be successful in obtaining that permit from ODOT. If the intersection as designed is ruled not safe,efficient,etc.,the City's response to such a finding would be to redesign the intersection as necessary. 4 Potential Impacts Resulting From Litigation The City has prevailed in the principal legal challenge to the Dartmouth Street Local Improvement Project. The City fully expects that it will prevail in any additional legal proceedings. The City anticipates that it will b:able to levy assessments to the benefiting properties and issue bonds in a timely manner. i 5 TAX INFORMATION APPROVED LEGISLATION The 1991 Oregon Legislative Assembly adjourned on June 30, 1991,having spent much of the session addressing Ballot Measure S. The key bill addressing the statutory implementation of Ballot Measure 5 is HB 2550,which was approved by We Legislature and signed into law by the Governor on June 30. The law takes effect September 29,1991. • Home Bill 2550-Prescribes the overall tax assessment,admiru ation and collection methods and procedures to conform to the tax limitations and requirements of Ballot Measure 5. Defines key terms including"Real Maiket Value," "Exempt Bonded Indebtedness," "Capital Construction"and "Capital Improvements." Section 210(14c)exempts general obligation indebtedness issued after November 6, 1990 which is voter approved and used for capital construction or improvements. Section 210(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,furnishings and equipment which have a life over one year;and activities related to capital construction such as planning, design, studies, permits. and acquisition of financing, Structures are defined as any temporary or permanent building or improvements to real property of any kind which is constructed on or attached to real property,whether above,on or beneath the surface. Section 210(13)defines actual cost to include all direct and indirect costs incurred by a local government to deliver goods and services or undertake a capital construction project. Included but not limited in this definition of actual cost are minimum and fixed charges, the ^osts of labor, materials, supplies, equipment, property acquisition,fees,insurance,engineering,financing,debt service,payments into debt service reserve and coverage accounts. Since Ballot Measure 5 requires all local governments tb share the$10.00 per$1000 of RMV limit on taxable property, the Legislature, in cooperation with representatives of local governments, developed a response to mitigate the potential for competition among local governments for tax revenues. The product of this effort is Senate Bill 1185(Chapter 396,1991 Laws)-a local government tax coordination bill: • Senate Bill 1185 -Prescribes a tax consultation process which would require Iocal governments to clarify and exchange information on their property tax needs and would require disclosure in voter ballots if a proposed tax levy would reduce the tax collections of other focal governments. The bill also requires a local government seeking voter approval to increase its tax levy to hold a special public hearing on the effects of the tax proposal on other local government taxing districts. SB 1185 specifies the development of a Tax Coordination Plan which would include: 1. A description of the current taxing authority of each local government. 2. Estimated revenue needed and estimated taxes to be levied for the coming year. 3. If estimated revenue requirements exceeds levying authority,an explanation of the decreased revenue requirements and proposals for increased property taxes. 4. If estimated revenue requirements are lass than the levying authority,an explanation of the decreased revenue requirements and proposals for reducing property taxes. 5. Options to achieve effective and efficient service delivery considering resource limitations. SB 1185 requires that the ballot explanation of any measure proposing a new or increased tax shall contain a statement that indicates whether the tax measure is subject to the tax limits of Ballot Measure 5,and whether the proposed measure would reduce property tax collections for other units of local government. 6 _- -- Table 2 CITY OF TIGARD Representative Consolidated Tax Rates Code Area 023.74 1990-91 Tax Rates 1991.92 Tax Rates Operating Bonded Debt Non-School Governments Washington County 29470 1.3457 0,0601 Co-op Library 0.4440 Road improvements 0.6622 911 Emergency 0.3650 Water-Tigard 0.1133 0.0853 Bonds-Unified Sewer 0.2537 0.1898 TV Fire&Rescue 2.4067 1.9522 0.036.5 City of Tigard 2.7657 2.0976 0.6616 Port of Portland 0.3053 0.0861 0.1652 Metro Service District 0.2710 0.1174 0.1225 Tri-Met . Pr.iriunj 0 if)D Subtotal 9.0627 7.0702 1.321 Schools ESD-Washington 0.2521 0.2117 Portland Community College 0 a 136 0.8064 SD#23-Tigard 14.6006 14.LU-9 2.5874 15.7663 15.1570 2.5874 Total Tax Rate 24- = 22 3,90$4 Note: Beginning in fiscal year 1991-92,as a result of the passage of Ballot Measure 5, taxes imposed on property are limited and separated into two categories: one which dedicates property tax revenues to non-school governments and one.which dedicates property tax revenues to public school systems. See "Tax Information"herein. Source: Washington County Assessment and Tax Roll Summary i 7 j THE LOCAL IMPROVEMENT PROJECT GENERAL IMPROVEMENT PROJECT PROCEDURES Under their home rule authority,cities may prescribe their own methods of financing local improvements by special assessment,or may utilize the procedures in ORS 223.387 to 223.399. Local improvement projects are initiated either by petition of property owners or by resolution of the Council. Projects must conform to those local improvements described in ORS 223.387 or in the City Charter. The Col vwR sets iuo bora Idanes all the arca w rcceivc sv—ial benefits fmm the improvement projects; this area is referred to as a local improvement district(LID). If the project is initiated by petition,the petition describes the boundaries. The Council passes a resolution or ordinance declaring its intention to initiate the improvement project and orders the preparation of an engineering report. This report describes the project,estimates the cost and lists the affected properties. It may also specify the formula for apportioning the cost. Before the improvement project is approved,a public notice and hearing is required(ORS 223.389). Notices are usually mailed to the affected property owners as well as published or posted. At the hearing,owners may remonstrate and,if a certain percentage remonstrate,the project may be terminated or delayed according to City charter or ordinance provisions. After the hearing,the Council makes the final decision.to proceed by cnacting an ordinance or resolution. The City is then authorized to issue bond anticipation notes in the amount of the estimated cost of the improvements. Thereafter,the assessed property owners may file litigation against the City regarding the assessment formula for allocation of cost,but may not litigate the eventual assessment. When the estimated cost to the City is ascertained on the basis of the Contract award,or after the work is done and the cost actually determined,the Council levies assessments on each benefitted property by ordinance. The assessing ordinance creates a lien on each property. When a property owner receives a Notice of Assessment,he or she has the option of making a cash payment in C full or signing a"bond application. This"bond application" is a legal contract whereby the property owner agrees to pay the assessment in installments. Principal is paid in equal semi-annual installments. There is no prepayment penalty. A delinquency in payment of assessments occurs one year after failure to make payments when due,and in that event all unpaid installments,including interest,'shall become immediately due and payable,and the total amount may be collected in any legal manner,including foreclosure of lien. ORS 223.270 and QRS 223.505 to 223.595 provide that one year from the date an assessment installment is delinquent, the City may collect unpaid assessments by advertisement and sale in the manner provided by law for sale of real property on execution. THE PROJECT Located in an area known as the Tigard Triangle,the Dartmouth Street LID occupies approximately 60 acres at the junctures of Oregon Highways 217 and 99. The project consists of a 44-foot wide paved and curbed street within a 70-foot wide right of way extending approximately 3,250 feet from S.W.69th Avenue at its intersection with the existing Dartmouth Street to Pacific Highway(Oregon 99)at its intersection with S.W.78th.Avenue. In addition to the street improvements,the project w:ll also include right-of-way for a 200 foot street stub for a future street extension to the south,street lights,storm drains,waterlines,sanitary sewers,and other underground utilities as required to minimize future excavation. Utilities will be sized to serve the ultimate development of the Tigard Triangle in conformance with existing planning for the area. Sanitary sewer service will be extended to serve existing dwellings along the proposed Dartmouth Extension. 3 8 E81 iW Fi 3ff 6YW ran --3m ..vr w:n. ..... _ 'f here are 10 landholders within the LID. The following table summarizes the current land holdings. Pmoeriv Ownri Ann_rox•&= 129 AV ! Alexander 0.49 .;282,600 Hedgepeth 0.53 53.750 Martin 26.49 413,060 New West Savings 16.91 1,351,630 Poiia:s Tim 4o9,2w Probsfteld 0.85 379,960 Randall 5.94 574,890 Vasey 0.17 53,100 Western 2.00 67.5,700 Williams 1,433 75,270 TOW 62.00 $4,299,220 Super Valu Stores,doing business as CUB Foods,has recently purchased 28.35 acres including the properties of New West Savings and other lands outside of the LID. CUB Foods paid approximately$2,300,000 for the New West Savings land and an additional $2.865,000 for properties outside the LID. The company has started demolition of dilapidated structures with plans to begin construction of the 200,000 square foot ccmmereial center as soon as possible. CUB Foods plans to invest$3,000,000 in an 80,000 square foot grocery store with the additional 120,000 square foot used by other commercial interests. They plan to submit site plans to the City by the end of January. Western-Duff Tigard Partners,a California general partnership,has purchased or is currently purchasing properties within the LID for the construction of a commercial center. The specifications for project construction include the following: Table 3 CITY OF TIGARD Sources and Uses of Funds Sources of Funds Amount Note Proceeds $ Total sources of funds $ Uses of Funds Construction Costs $ Administrative Costs Underwriter's Discount Cost of issuance Total uses of funds $ i 2 9 THE CITY OF TIGARD The City of Tigard has an estimated population of 31,000,was incorporated November 1961,and encompasses an area of 10 square miles. The City is located in the southeasterly portion of Washington County,in the State of Oregon,and is part of a rapidly developing suburban area within the Portland metropolitan area. The terrain is gently roiling and hilly,with elevations from 110 to 710 feet above sea level. It is drained by the Tualatin River and Fanno Creek and their tributaries. It was a farming area until the 1950s,but has grown as population and industry have moved out along major state and federal highways heading south and west out of the metropolitan center. GOVERNMENT The government of Tigard is vested in a Mayor and Council. The Council consists of four members who are elected at-large biennially to four-year terms. The Mayor is elected for a two-year term. The Council appoints the Municipal Judge,City Attorney and the City Administrator,who is responsible for the daily management of the City and for the implementation of policy,which is set by the Mayor and City Council. Table 4 Cr—I r OF T IGARD City Council and Other Officials of the City Mayor: Gerald Edwards,Entrepreneur,has served on the Council since 1935. His mayoral term will expire December 31,1994. Service Term Council Member Occupation Began Expires Jack Schwab Attorney 10/08/91 04/14/92 Valerie Johnson Timber consultant 04/14/86 12/31/92 R.Joe Kasten Manager,Metallurgy&Quality Assurance, Oregon Steel Mills 01/19/89 12/31/92 John Schwartz Director of Emergency Services. Consolidated Fire&Rescue 01/01/87 12/31/94 City Administrator: Patrick J.Reilly Finance Director: Wayne Lowry Legal Counsel: O'Donnell,Ramis,Crew&Corrigan Source: City of Tigard. ADMINISTRATION Patrick J.Reiliy,City Administrator,has been with the City since October 1988. Prior to that.Mr.Reilly was City Manager for Gladstone.Missouri(1984-88),City Administrator for Clinton.Missouri(1980-84),and City Administrator for Richmond Heights, Missouri (1978-80). He received a Master of Arts degree in political science from the University of Missouri at St. Louis,and a Bachelor of Arts degree in political science from Benedictine College at Atchison, Kansas. Mr. Reilly is a member of the International City Management Association and has served as president of the Missouri City Managers Association. Wayne Lowry, Finance Director, has been with the City since February 1985. He served as the City's Accounting Manager through August 1986 and was then appointed Finance Director. Prior to his employment by the City of Tigard, he served as an Internal Audit Manager for Orange County,California,for four and a half years. Mr. Lowry received his Bachelor of Science degree?n business administration,with a concentration in accounting,from Long Beach State University,Long Beach,California,and is a certified public accountant. 10 220 STAFF As of June 1991.Utz City employed 171 people; 151 are full-time regular. 12 part-time regular'employees,and Y2 temporary employees. Listed in the table below are the bargaining units representing City employees. Table 5 CITY OF TIGARD Bargaining Units and Contract Status Termination Date Status of Employeeser of Negotiations Employees of Current Contrast � Collective Bargaining Unit 42 06E30/94 Settled Tigard Police Officers Association Tigard Municipal Employees Association; 06/30/92 Settled ees Union 75 Oregon Public Employ Source: City of Tigard. Table 6 CITY OF TIGARD Facilities Insured Year Built,Improved Replacement Value Facility $3,275,000 1985 250.040 Civic Center Building 1960 517,000 Civic Center Annex 1982 43,700 Senior Citizens Center 1969 60,000 Operations Office 1978 201,000 Public Works Annex 1960 72,500 Old City Hall 1969 123,800 Maintenance Building#2 1973,1979 71,500 Burnham police Building 1984 Public Works Pole Building 1969 Carpentry Shop $4,628,100 Tota! Source: City of Tigard. It FINANCIAL INFORTvIATION BASES OF ACCOUNTING d on the riety tThe governmental fund tYPC5 ypes(enterprise and internal sere a funds))are accounted for utilizingfied lthe ccrualbasis Of ybasis of accounting.counting. The pThe C tys ac:ounting practices conform to generally accepted accounting principles. FISCAL YEAR: July 1 to June 30 AUDITS made of the The Oregon Municipal Audit Law (ORS 297.405-2 mtao5n at requires once ayearn Unlesstthe municipal y elects accounts and financial affairs of every municipal of A to have the audit performed by the State Division of Audits,the audit shall be made by accountants whase names are included on the roster prepared by the State Board of Accountancy. The City audits for the fiscal years 1983-84 through 1990-91 were performed by Coopers and Lybrand,CPAs. t review the tables and offer no opinion regarding the tables. A complete Portland,Oregon. The auditors did no copy of the City's annual financial statements may be obtained from the City's Finance Department. BUDGETINGudget which provides The City prepares annual budgets in accordance with provisions of the Oregon of budgets. In'he months or s+.andard procedures for the preparation.Presentation,administration and app supervision of the City's Budget January through May of each year a proposed budget is prepared under supe These electors it Committee. This committee consists of the Council and an equal number of electors of the City. are appointed to the Committee. All members of the Budget Committee have an equal vote and final approval of ff the budget. rtised c meeting, Prior to adoption,a proposed budget must be approved by the budget committee- which explains the budget and rsi significant the budget committee reviews the budget and the"budget message: P changes in the local government`s financial posion. All budget committee meetings are op tien to the public. Following budget approval by the budget committee,another public hearing is held. A budget summary and notice of hearing are published prior to the hearing. Publication is governed by strict requirements as to time and mode. n A public hearing is then held after whng are ich time the Council adopts the final budget, mai es aPPrep• o -— declares tax levies. Prior to the requirementslic rin to budgeime mode After thand ebudget e of ehearing, the uCou cal Publication is governed bylimitations upon considers the citizens testimony and, if necessary, alters the budget subject to statutory increasing taxes or fund allocations without further publication and hearing. he City's"Tax An election must be held to approve the City's tax levy to the extent that the budget exceeds t ]imitation for Base." A tax base is equal to 106 percent of the largest regular tax levy within the prior six Pe the prior three years. The 1990-91 tax base for the City was $2.566.282• In addition. the City also levied $1,316,563 for debt service. The 1991-92 tax base for the City is$3,580,449. The City will also levy$1,239.710 for debt service.The 1991-92 tax base was approved by voters in November,1990. election,if one is required.the Council prepares a formal resolution which adopts the After the operating levy budget,authorizes taxes cl ct and sets out a schedule of appropriations. This resolution must be adopted levied not later than June 30. Two copies of the budget are submitted to the Assessors Office before July IS so that the tax levy may be certified. reared as needed during the fiscal year utilizing, transfers between the � Supplemental budgets may bep P trtnontal budgets are•.arrsidered and adopted appropriation categories which are approved by the charingsandnotices of hearings. by the same process as the regular budget,including public 12 �._ lig 'fable 7 CITY OF TIGARD General Fund Consecutive Balance Sheets As of June 30 Assets 1987 1988 1989 1990 199' r Cash and investments $1,091,865 $1,443,516 1,426,387 2.292,079 2,129,019 Accounts receivable 9,796 7,223 7?24 118,887 0 Property taxes receivable 178,761 230,543 265,045 244,687 245,530 Contracts receivable 57.769 43,326 28,884 14,443 0 Due from other funds 683.034 205,482 445,939 198,007 369.503 Deposits 0 0 49,90-- 0 0 Prepaid Insurance 0 0 77.729 77,750 74,630 Inventory of gasoline 1,507 8,892 10,286 15.6.59 2.4,331 Total assets -2MZMZ ,1 9 ;�1, 41 2-451,512 2 8 j' Liabilities and fund equity Liabilities Accounts payable 349,852 255,371 302,874 448,206 475,066 Deposits 134,214 87,237 59,974 100,909 95,169 Due to other funds 13,000 13.000 16,000 0 220,458 Accounts receivable 1,004 0 0 0 - 0 Property taxes 152.232 202,745 219,206 195,654 186,990 Contracts receivable 57,769 43,326 28,884 14,443 0 Deferred compensation payable 31,744 __� 0 _0 _ 0 Total liabilities 739,815 601.679 626.438 759.212 977.683 Fund equity Designated 0 0 0 15,659 98,961 Undesignated13 4.661 1 3 7 01.6R4.458 2,186.641 L766.364 Total fund unity and other credits 1.314 661. t 337'0'' l.6'.4,459 2,202.300 1,865.33 Total liabilities and fund equity 12,U2.732 $1.938,4R22. I1. 96 $2.461.512 $2,843,013 Source: Derived from annual financial statements, 13 'fable 8 CI'T'Y OF TIGARD General Fund Consecutive Statement of Revenues and Expenditures As of June 30 Revenues 1957 1988 1989 1990 1991 Taxes $1,648,246 52,018,792 $2,234,650 $2,428,620 $2,554.087 Franchise fees 745.520 749.68+° 949,576 1,100,181 1,179,833 Licenses and pernuts 642,222 786,738 1.052,712 910.147 875,251 Intergovernnie.ttalrevenues 510.254 766,662 625,031 1,032,489 1,187,120 Charges for services 23,580 24,853 20.652 39,818 48.150 Fines and forieitu= 144,559 254.154 240,849 232,332 259.497 Ndiscelianeous 272.882 X14422 364.577 .54a.1!25 438,493 Total revenues —12&72M A21.1 Q5 .5 4$$,341 6 2ao�&2 42,431 i Expenditures Community services 2,367.972 2.998,366 3.264,482 3,504.825 4,312,354 Community development 848,023 994,641 1,146,773 1,366.032 1,610,172 Policy and administration 87,870 98.700 96.964 217,672 241.351 City-wide support functions 592,863 477.794 437,812 456.067 329,631 Capital projects 62.548 323.162 125.L61 ^ 4 3$5,W1' Total expenditures 3.959 276 4 892.663 _5 4 19 5.70..SQ 6,879.401 Excess of revenues over (under)expenditures 28,017 22,642 347.155 517,842 (336.970) Total other financing sources(uses) 250,574 0 0 0 0 Excess of revenues over (under)expenditures and other uses 278591 22.642 _42- 17,4�2 (33f2.970) Beginning fund balance 1,036,070 1,314.661 1,337.123 1.684.458 2 202.3QQ Ending fund balance $1.314.661 SitA,4 4S $ 2.300 .. 2 ,6 .330 Source: i?erived from annual financial statements. 14 ECONOMIC AND DEMOGRAPHIC INFORMATION The City of Tigard,located in northwestern Oregon,in the Portland metropolitan area,began as a small town, developed as a bedroom community, and now has a diverse economic base. Major employers include manufacturers of machinery,f bricated metal,and wood products,ss ell as newspaper publishers and trucking. LAND USE PLANNING State law requires comprehensive land use planning to be accomplished at the city and county levels. To provide common direction and copsisetency within each city a_^d county comprehensive plan, the Oregon —legislature directed the Land Conservation and Development Commission(LCDC)to adopt state-wide planning goals and guidelines. All zoning and development within a city or county must conform to the appropriate comprehensive plan. Nineteers statewide planning goals have been adopted,dealing with matters which include: Economy Air,Water and Land Resources Quality Housing Agriculture Lands a Urbanization Public Facilities The Washington County comprehensive plan for the urban areas was adopted in June 1983 and acknowledged by LCDC in October 1983. The rural portion was adopted in April 1982. After revision,it was acknowledged in April 1984. The City of Tigard submitted its plan to LCDC in 1983;it was acknowledged in 1984. As part of a comprehensive plan,an urban growth boundary for the year 2000 must be established. This boundary is designed to contain urban sprawl and should encompass adequate land in each zoning category to support predicted population growth. In the Portland Metropolitan Area, the Metropolitan Service District has responsibility for adoption, amendment and maintenance of a regional urban growth boundary. Local comprehensive plans must conform to the regional urban growth boundary. POPULATION In 1970,nine years after its incorporation in 1961,the City's population was estimated at 5,302. Ten years later,it had nearly tripled in size, to 14,900. Between 1980 and 1990, its population increased by 99 percent, to an estimated 29,650,which was an annual growth rate in excess of 7 percent. The population of Washington County increased from.247,800 in 1980 to 313 OW in 1990;this represents•� s a 2.4 .c percent compounded annual rate of growth. The County is the fastest growing in the state. EMPLOYMENT The City is located in the Portland Primary Metropolitan Statistical Area (PMSA). Current employment and unemployment data are available for the PMSA only,which consists of Multnomah,Washington,Clackamas and Ya shill counties. However, until 1985,the Portland MSA included Clark County in Washington and did not include Yamhill County. Thus,data before 1985 are not comparable with current data. The major trend in the Portland economy since 1978 has been greater diversification. Employment in manufacturing,construction. mining,and government is proportionately lower in Portland than in the United States. But employment in trade,services,finance,insurance,real estate,and transportation is proportionately greater in Portland than in the United States. Between 1980 and 1990. employment in non-manufacturing increased by 9I.800, while employment in manufacturing decreased by 10,100. In 1990 manufacturing employment accounted for 16.3 percent and non- manufacturing 83.7 percent,of total wage and salary employment. In September 1901 the raw unemployment rate for the PMSA was 4.8 percent. 15 SIM Trade. Employment in wholesale and retail trade accounted for 25.9 percent of the jobs in the Portland PMSA in I990,making this the largest employment sector. ! Strength in domestic warehousing and distribution owes to Portland's geographic location at the hub of interstate freeways and railroads in the Pacific Northwest. International trade further enhances the domestic distribution business in Portland. Being located along the Columbia River with a deep draft channel to the Pacific Ocean has made Portland one of the West Coast's leaders in yearly export tonnage. Service and Misceilaneous.This sector is the second largest in the Portland DMSA,with 26.0 percent of the jobs in 1990,reflecting Portland's importance as a service center for the region. Manufacturing. Employment in manufacturing accounted for 16.3 percent of the jobs in the Portland PMSA in 1990,making it the third largest sector. Decreases in the wood products and transportation equipment have been offset by growth in the electrical equipment and instrument segments,although decreases have occurred in the latter in the past year. The sU:—'s economy is largely based on the lumber and wood products industry,which accounts for about 29.1 percent of the state's manufacturing employment,and on food and kindred projects,which accounts for about 11.2 percent. The Portland economy is less-dependent on these sectors(7.3 and 8.1 percent)because of its increasing diversification. The four most important manufacturing sectors in the Portland PMSA are instruments and related products,machinery,electronic and other electrical equipment,and metals. Government_ The fourth largest sector in the Portland PMSA is government,with 13.2 percent of the jobs in 1990. Local government is the largest of the governmental employers,including school districts,counties,cities, and special districts. ECONOMIC DEVELOPMENT As industrial and commercial land in Portland became increasingly scarce and costly,the greater supply of land in the City of Tigard attracted a variety of commercial and industrial firms. Industrial development is concentrated west of Interstate 5,along the Burlington Northern and Southern Pacific railroad tracks,and along Southwest 72nd Avenue south of Highway 217. A number of business and industrial parks have ben developed in these and other locations over the past few years.Commercial activity has developed in a strip along State Highway 99W (Pacific Highway),with increasing development along Highway 217 and portions of Schoils Ferry Road. The Dartmouth Street LID is l:,cated in the area designated as the Tigard Triangle at the intersection of Highway 99 and Highway 217. Note proceeds will be used to fund infrastructure improvernents for development of this prime commercial property. UTII.TTIES Northwest Natural Gas supplies natural gas to the area: electricity is provided by Portland General Electric Company;and General Telephone Company provides telephone service. PUBLIC FACELITIFS Sewer The Unified Sewerage Agency provides treatment facilities for a 102-square-mile urban area of Washington County, including most of the incorporated areas. The Agency, which was fomned in 1970, operates seven treatment plants. The City owns and maintains its own collection system. water Residents of the City receive their water from the Tigard Water District and the Metzger Water District. Tigard Water District draws its water from the Clackamas River,and from Buil Run Reservoir, through the City of r Portland's system. The water source for Metzger Water District is also Bull Run Reservoir. 16 Fire Protection Tualatin Valley Fire and Rescue was formed in early 1989 by a merger of Washington County Fire District#1, and Tualatin Rural Fire Protection District,which has provided the City with fire protection. Police The City Poke Department has 42 sworn officers.6 records clerk and two other personnel. Health Care Meridian Park hospital is the closest major ha.._Ith care facility, located within minutes of downtown Tigard. Many other health pre facilities can be found in the metropolitan area.including public health facilities,hospitals and private clinics. Education Tigard School District No.23J,serving the Tigard and Tualatin area.enrolls approximately 6.400 students in nine elementary schools,two junior high schools and one high school. Because several retirement communities are located in the Tigard area,the School District makes extensive use of retired volunteers as classroom aides. Additionally.the City overlaps approximately two percent of the Beaverton School District. The main campus of Portland Community College is located four miles east of Tigard. Approximately 30,000 students are enrolled each term at this campus. other litan include the Oregon ciences University. Northwest Schon of law.Portlandeducation tlities in State University.Lewis and area College.Reed College Sand numerous other private colleges and training centers. TRANSPORTATION Major highways through the City include Interstate 5 which runs the length of the Pacific Coast,and State Highways gtropol metr7 and 99W. The suburbanopolitan Street patterns have grown up on a crural base,resulting in some inconvenience and congestion. as formed mainly along these highways west of the i The southern terminus of the Interstate 205 Beltway is located two miles south of the City and provides access to Clackamas County and East Multnomah County, as well as to Clark County, across the Columbia River in Washington. i Rail freight service is provided in the City by the Burlington::o;.ltern and_�cam, -±tFern Pacific Railroad. Major airlines operate out of Portland International Airport, approximately 17 miles from the City. Air transportation is also available at the Hillsboro Airport. 15 miles northwest of the City. These airpons are operated by the Pon of Portland. AGRICULTURE Although over time agriculture has become less important as a source of employment in the County, it still contributes to the economy of the County. The rich soil,abundant rainfall and mild climate of the Tualatin Valley provide appropriate conditions for a variety of crops,including ornamental plants wheat berries and nuts. In 1990,gross farm sales in Washington County were over$151 million. Although the Oregon wine industry is relatively young,the vineyards and wineries of Washington County have grown rapidly since their beginnings in the 1970s. In 1984. 186 acres of grapes were bearing fruit:another 232 acres had been planted but had not reached fruiting maturity,according to the Oregon State Extension Service. By 1986. the bearing acreage had increased to 422,with an additional 240 planted. In 1987 total acreage increased to 739,with 280 harvested acres data for acres of bearing age are no longer available), and total production of 1,118 tons of grapes. There are presently nine bonded wineries in the County,including the largest ( berry wine producer in the State,Oak Knoll Winery of Hillsboro. 17 - - -- - - MMI i =ii - The premier red wine in the County and State is pinot noir. The Washington County Wine Growers Association has joined with the statewide organization in the promoting of local products both within Oregon and to the / broader national audience. INFORMATION SOURCES Historical data have hien collected from generally accepted standard--names.usually from public bodies. In Oregon data is frequently available for cou.ities and also. to a somewhat lesser degree.for cities. Because the City is located within the Portland Primary Metropolitan Statistical Area,this statement presents data for that area, as well as for the County and the City when available. ECONOMIC AND DEMOGRAPHIC TABLES The tables that follow provide further information about the economic and demographic nature of the City. Table 9 CITY OF TIGARD Population Estimates City of Percent 5y:.shington Percent Percent Tigard Change County Change Oregon Chance 1940 - 39,194 -- 1,089,684 1950 - 61,269 56.3% 1,521.341 39.6% 1960 - 92.130 50.4 1,768.687 16.3 1970 5,302 -- 157,920 71.4 2,091,533 18.3 1979 14,200 167.8 233,150 47.6 2,584,350 23.6 1980 14.900 4.9 247,800 6.3 2,639.915 2.2 1981 15.750 5.7 255,000 2.9 2,660.735 0.8 1982 18.000 14.3 259,700 1.8 2.656.185 -0.8 1983 18,200 1.1 257,400 -0.9 2,635,000 18.450 1.4 260.200 1.1 2,660,000 0.9 1984 0 0.6 1985 20,250 9.8 268.000 3.0 _675. 800 1986 20.765 2.5 273,300 2.0 2.661,500 -0 1987 23.335 12.4 280.000 2.5 2,690.000 1.1 1.9 i9g8 25 5i0 9.3 287.000 2.5 2.741,000 1989 27,050 6.0 295,000 2.8 2,?91,000 1.8 1990 29.650 9.6 313,000 6.1 2,847,000 2.0 1980-90 Compounded Annual Rate 2.36% 0.76% of Change 7.12% 1985-90 - Compounded Annual Rate 3.15% 1.25% of Change 7.9217o Source: Under State law.the State Board of Higher Education must estimate annually the papulation 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. l a8 ME Table 10 WASHINGTON COUNTY Portland P'MSA. Average Annual Unemployment As a Percent Of Labor Force Oregon United States Yrao portiand PRiSA 7.1 8.2 7.6 1980 7.9 9.7 9.7 1981 11.5 1982 10.1 10.8 9.5 9.8 .5 1983 8.0 9.4 7 1985 7.1 8.5 1994 7A 9.9 6 2 6.2 1987 5.3 4.7 5.8 5.5 5 3 1988 4.5 5.7 5.% 1989 4 2 5•S 6.4 1990 4.8 5.4 September 1991* _ r- table on a monthly basis below the state level. Sep-ember..r.mber 1991 figures are raw fates' Seasonally adjusted rates for Oregon and the U.S.were 5.9 and 6.7 lyent,respectively. Seasonally adjusted rains ars nal available .,s.,..a-ment Division.Department of Human Resources. Source: State of virago..- Table 11 PORTLAND PMSAt Labor Force 1980-90 By Place OfResidence Unemployment as a Total Resident Civilian Percent of Employment?- Labor mployment? Labor Force Unemployment (000) (�) Labor Force Year (�) 586.1 624.9 38.8 6 3 607.1 1980 52A 592.6 1981 659.4 66.5 10.1 1982 659.1 9.9 555.4 60.1 552.4 1983 615.5 48.2 8.0 550.7 943 1984 544 0 7.4 564.3 1985 Son 7 7 1 1986 608.1 43.8 5.3 599.5 33.4 618.2 1987 632.9 649.0 33A 4.3 644.8 1988 675.0 30.2 4 2 655.2 1989 683.9 28.7 1990 %. The portland Primary Metropolitan Statistical Area(DMSA)include because of the inclusion of Yamhill and Yamm hil!counties. Data for 1985 are not comparable to prior y self employed,unpaid fariily workers,domestics,agricultural County and the exclusion of Claris County.Washington. 2. Includes non-agricultural wage and salary, workers and labor disputants. Employment Division. Source: State of Oregon Department of Human Resources. 19 ow No A.9 Is No MUM A Mai Table 12 PORTLAND PMSA Employment Annual Averages and Percent Distribution by Industry (By place of emplaynrent) 1480_ 1r�0 Average Percent Average Percent Annual of Total Annual of Total Total Wage&Salary 555.2 100.0% 636.8 100.056 Manufacturing total 114.2 20.6 - 104.1 16.3 Durable goods Instruments&related products 19.6 3.5 10.4 1.6 Machinery 12.7 2.3 11.9 1.9 Electronic&ether electrical equipment 7.3 1.3 12.0 1.4 Lumber&wood products 9 0 1 7.6 1.2 Metals 18.6 3.4 16.7 2.6 01 1.6 9.7 1.5 itanspuiiaui i-eq-1... G.4 12 6.8 1.1 Other durable goads Non-durable goods 1 5 8.4 1.3 Food and kindred products 8.6 Printing and publishing 5.9 1.1 8.0 1.3 Paper and allied products 7.5 1.4 3.8 0.6 Other non-durable goods 9.5 1.7 8.8 1.4 Non-manufacturing total 441.0 79.4 532.8 83.7 Trade 142.0 25.6 164.8 25.9 Services and miscellaneous 111.0 20.0 165.5 26.0 Government 81.4 14.7 83.9 13.2 Finance,insurance and real estate 45.7 8.2 51.2 8.0 T2ncp4rP?3nn,communications 37.6 5.9 &Utilities 36.3 6.5 Construction 24.6 4.4 29.4 4.6 O.I Mining and quarrying NA 0.0 0.5 Labor disputes 0.7 0.1 NOTES: Columns may not foot due to rounding. The Portland Primary Metropolitan Statistical Area(PMSA)includes Clackamas.Multnomah. Washington and Yamhill counties. Data for 1985 are not comparable to prior years because of the inclusion of Yamhill County and the exclusion of Clark County, Washington. Source: State of Oregon Department of Human Resources.Employment Division. 20 Table 13 WASHINGTON COUNTY Gross Fares sales (in$000) Year Crops uvestocklProducts Total Crops L.ivestocklProducts Total 1978 $41,415 $14,499 $55,914 $ 812,546 $ 444,495 $1,257,041 1980 57,490 18,738 76.228 1,135,190 607,147 1;742,337 1981 58,863 17,842 76,705 1,136,904 598,017 1,734,921 1982 65.287 19,549 84,836 1,076,495 656,993 1,733,488 1983 72,608 18,745 91,353 1,154,481 598,468 1,743,949 1984 74,219,506 93,786 1,178,167 639,792 1,817.959 1985 83,858 18,579 102,437 1,188,638 625,739 1,814,377 1986 91,216 19,897 111,113 166,969 661,385 1,928,354 1987 99,561 19229 118,790 1,333,924 680,650 2,014,57480 1988 121,001 17,669 138,670 1,560.,836 741,674 2,306,510 1989 124.409 18,928 143,337 1,767,943 76?,924 2,535,867 1990" 130,463 20,828 151,291 1,765,172 855,558 2,620,730 °FTeliminamy estimates. Source: Extension Eccnomnic Information Office,Oregon State.University. 21 - RATING i No rating for the Notes has been or will be applied for, LEGAL MATT ET S Davis Wright Tremain of pottland.Oregon,Bond Counsel for the City,will render an opinion with respect to the validity of and tax exemption on the Notes. A copy of such opinion of Bond Counsel is included in Appendix B of this Official Statement. Cel—legal m� ;r" s are subject to the approval of the dee t to the authorization,issuance and sale of the Note City Attorney. r UNDERWRITING The Underwriter has agreed, subject to certain conditions. to purchase the Notes from the City less an Underwriter's discount of S _from the sOrigi nal Principal c'Amount t set forth or hon such he cover ves are page of this official Statement.The Underwriter will be obliged to pure."— --- Y d. TAX EXEMPTION Tax Yreatment of Original Lssue Discount. The initial public offering price of the Notes is less than the principal amount thereof payable at maturity. As a result,the Notes will be considered to be issued with original issue discount. The difference between the initial public offering price of the Notes,as set forth on the cover page of the official Statement(assuming it is the first ptic�:st which a substantial amount of Notes is sold),and the amount payable at maturity of the Notes will be treated as"original issue discount." With respect to a taxpayer who purchases a deferred interest note at the initial public offering price (assuming it is etre fast price at which a substantial amount of the Notes is sold),and who holds such deferred interest note to maturity,the full amount of original issue discount will constitute interest which is not includable in the gross income of income tech the owner of such deferred interest note for Federal income tax purposes and such owner will not,under present law,realize taxable capital gain upon payment of such deferred interest note upon maturity. The original issue discount on each of the Notes is treated as accruing daily over the tern of such Notes on the basis of a constant interest rate compounded at the end of each six-month period(or shorter period from the date of or'ginal issue)ending February 1 and August 1(with straight line interpolation between compound dates). Section 1288 of the Code provides,with respect to tax-exempt obligations such as the Notes,that the amount of original issue discount accruing each period will be addedto the he the Nbasis otesor the Notes.Including sales, redemption. tax basis will be used to determine taxable gain or loss upon disposition of or payment at maturity). The owner of a deferred interest note who disposes of such deferred interest note prior to maturity should consult his/her tax advisor as to the amount of original issue discount accrued over the period held and the amount of taxable gain or loss upon the sale or other disposition of such deferred interest note prior to maturity. As described above regarding tax-exempt interest,a portion of the original issue discount that accrues in each year to the owner of the deferred interest note may result in certain collateral Federal income tax consequences. In the case of a corporation, such portion of the original issue discount will be included in the calculation of the corporation's alternative minimum tax liability and the environmental tax liability. Corporate owners of the Notes should be aware that the accrual of original issue discount in each year may result in an alternative minimum tax liability or an environmental tax liability although the owners of such Notes will not receive a corresponding cash payment until a later year. 22 --- Owners who purchase Notes in the initial public offering but a price differing from the first offering price at which a substantial amount of the Notes was sold to the public should consult their own tax advisors with respect to the tax consequences of the ownership of the Notes. The Code contains certain provisions relating to the accrual of original issue diw.ount in the case of subsequent purchasers of notes such as the Notes. Owners who do not purchase Notes in the initial public offering should consult their own tax advisors with respect to the tax consequences of the ownership of the Notes. The original issue discount on the Notes of a taxpayer who purchases Notes at the initial public offering price (assurning it is tha fust price at which a substantial amount.of the Notes is sold)is exempt from present personal irterstne t$xation by the Cewee of Cleo n, Owners c,f the Notes should consult their own tax advisors with respect to the state,=d 1Mnl tax consequences of owning the Nows. It is possible that under the applicable provisions governing the determination of state and local income taxes,accrued interest on the Notes may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment until a later year. FINANCIdkL ADVLSOP The City has retained Public Financial Management.Inc.,Portland,Oregon,as financial advisor(the"Financial Advisor")in connection with the Notes and with respect to the authorization and issuance of the Notes. The Fnrancial Advisor is not obligated to undertake,and has not unde.-taken to make,an independent verification or to assume responsibility for the accuracy,completeness, or fairness of the information contained in the Of ci:I 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. MiSr—MLLAMEOUS 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 nor to be construed as a contract or agreement between the City and the purchasers or holders of any of the Notes. 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 City or its agencies.since the date thereof. CONCLUDING S'T'ATEMENT The 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 Notes,does net contain any untrue statement of a material fact or omit any statens ent 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 Notes there has been no material change in the affairs(financial or others). financial condition,or results of operations of the City except as set forth in or contemplated by the Official Statement. CITY OF TIGA.RD,OREGON By: Finance Director 23 ;�� via — — MAS _ Appendix A JUNE Sit,1991 ALIIsiTED VINANCIAL STA T;:A9ENT(PARTIAL) Cooftffers rr'''''''������y� I cFnalgC OUAi�3�u�L��!! Drand Honorable Mayor and Council Marabers city of Tigard Tigard,Oregon We have audised the general purpose fines claf statemants at the City of Tigard.Oregon as of and for the year ended June 30. 1899.as fFsfoa in thu to bta cit wer'»s. Tamee_ono al rssrmse financial statements are the responsibgity of itae City's managemam. Our responsibility is to express an opinion on these geneeai purpose financial statements based on our audit. We cnrra'u�.eu'Qu: nManee with 9eneritiy accepted auditing standards and the Minimum Standards for Audits gar Oregon Mun.t"aoat Corparatbns- Ttoso starvda.as require Thai wit pian aeras payor t e..u:.»t_--Lt-inreasonable assurance about whether the general purpose financial statements are free Of material misstatement. An audit Inoksdes tax:amining,on a test basis.evidence supponing the amounts and disclosures in the general purpose financial stederrgros. An audit also includes assessing the accounting principles used and significant estimates made by management.as well as evaluating tho overall general purpose financial statement pro santatlon. We believe that our audit provides a reasonable basis for our Opinion. ` In our opinion,,the general purpose finandal statemerfts referred fo above present fairy,in all material respects. the firancWl position of the City of Tigard.Oregon as of June 30,1991,and the results of its operations and cash flows of ifs F-rtterprira Furtds for iha year than and®d in conformity with generally accepted accounting principles. Our audit was made for the purpose of forfring an opinion on the general purpose financial statements referred to above. The mmt5ining,individual fund,and indiv;dual account anwp financial statements and other financial scheduls5 listed as supplementary data in the table of contents are presented for purposes of additional analysis and are rot a required part of the general purpose financial statements of the City a,Taganf,Oregon. Such information has been subjected to the auditing procsdures applied in the audit at the geiaral purpose financial statements arid,in our opinion,is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. The other data included in this repos,designated as the statistical section in the table of contents,has not been audited by us arid,cccordingty,we express no opinion on such data. COOPERS&LYBRAN�D, John L.Dethman,a panner Portland,Oregon Sapternber 20.1991 �I rm Inn s , � Rjal � o - ro �� Paa�P 1- Mill Ila sil � ­��k — f E t2 a - a a � 11II w$P ll axm 6 ¢7l� ��� ,mmmmm�q gat 1119: �- APE 3199 _ Hi � _ $ E s g+ r73 as ggg a8a 3� w NO mall l � ES FIT -A hill A.. Ear S5 E l ill's ! � Hai s l T a S g Iva, $9 r Sv H � g5 a � Ad �_ o a — . a 0 gzis. goyg. Ig� £ ?3a awns E3 �o 49 � $C p v EEO 4+,w gr ' Y m u _ 3 is $3 3F.� �i4w .5.� p ISa HI g4s mull 5 m 8 508$ ig a g7 E3a 7�a EI pI 3 aag w gg 5 8 PC 3 � F ag g� g L cW � HIM.-a�g$ 08 ����� g � �gg� ui 5� � n 5E g 5.= gy ��3 1$11 1 .�� o -� �8 12 a a9 oi» � sSg� 4g $LL .Mo Ig g � gmN o19 � m $ ET In � uE ;Fad ag cog �o s•'d�aq �� 8p< E�y.g � .^ e Z8 SES E$ eio m � r 79 ga c�Aa?.� u7z3 LII �$ �"> �g8 v c� gw a leis & g4 2. :a N -Ma s $ E $ fit a 4 H3 - ffie i � � �ga -11-3 ; ��. �.1 ami s lit 8 $� e�� ���� UnFo UUG gw�� E Igo 1-1 il. U 1 1 n W M � �a�s V Gua¢ RS 3e-3 4 a E�� €lam39 s s a e 5oS fie' ga .za �Ea o � �" o �s a As 1 EE ~ m q r 3 ee U -.Y pMON a F4 M ((F15 oS N m G 5q`$ I m ZZ y`L LL EEE3 m v -1 INi E E 9 g E is $ �a sa �� 3- eoY1FR z o ��8�3�gg5 88 mm aF� m��W F �E�g� � gcNa2� f/ a $Sd5" �m b'au' "8� o R mLp �$ � � F �ga FSoo88o0 ztR .11r` 0 _1 VMS- SF a w Q s u Piz 5t € m n ® �I a05 w M a sq 3 IV 8 m� 1{1{ ss �g c s� m m�sw .=i i90 �gS G E F j-Ecw m B 03 MU, MIN HH HIM I-v. 69 3z Ig 2-55 R1 12 S E -1 aL; 41 is V ma j%g 6 E is 11 Min! a-aze�--.tea ----- - n gg a _ a �mSAZ;e2 m $ 2s $ 1 � ®1 �� t 2 s � EN E �v �m �. 8�dv � •m'2 Sar' r' y ms Appendix B Legal Opinion Puauc RKANcE DEPARtMENT [DATE] CIT:'OF TIGARD COUNTY OF WASHINGTON,STATE OF OREGON LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTES SERIES 1992 WE HEREBY CERTIFY that we have examined a duly certified transcript of the proceedings had by the City of Tigard,Oregon (the"City"), providing for the issuance of Limited Tax General Obligation Bond Anticipation Notes, Series 1992 (the "Notes'), of the City in the aggregate original principal amount of DOLLARS{$ ). The Notes are dated , 1992,and have been issued as deferred interest notes. The Notes were authorized pursuant to ORS 287.502,et seq.,as amended,and the City's Resolution No. , adopted January 1992 (the"Resolution"). The Notes have been issued to provide interim fin-ancing of the improvements for the Dartmouth Street Local Improvement District (the "Improvements') and to pay Note issuance costs. The Notes have been designated by the City as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986,as amended. 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 Notes(excepz to the extent, if any,stated in the Official Statement),and we express no opinion relating thereto (excepting only the matters set forth as our opinion in the Official Statement). For purposes of rendering the opinion expressed in paragraphs 3 and 4, below,we have assumed: (a) the Notes ha,,e been purchased by United States National Bank of Oregon (the "Underwriter")in their capacity as a broker for contemporaneous sale to the public,and not for investment or for their own account; (b) all of the Notes have been offered,and a substantial amount of the Notes have been sold, to the general public for a cash price (and with no other consideration being included) equal to the original principal amount of the Notes in arm's length transactions, subject only to the delivery of the Notes to and acceptance of such Notes by the Underwriter;and(c)the initial offering this opinion, g rice of the Notes to the public is equal to the fair market value of the Notes. For the purposes and brokers within the meaning of Section 1273(b)of the Internal the term"public"excludes bond houses E [Date] Page 2 Revemic Codec of 1.986 (the" ). Based upon the foregoing,we are of the opinion,under existing law,as follows: 1. The City is duly created and validly existing as a body corporate and politic and public irsmurrentality of the State of Oregon with the corporate power to pass the Resolution authorizing the Notes (the"Resolution"),perform the agreements on its part contained thert:in.and issue the Notes. 2. The Notes have been duly authorized,executed and deliver--d by the City pursuant to ORS 287.502,et seq., and are valid and binding obligation-of the City, payable from proceeds of the improvement bonds issued pursuant to ORS 223.205,et seq.,as amended (the"Bancroft Bonds),to be sold upon completion of the Improvements and as otherwise set forth in the Resolution. The full faith and credit of the City and any taxes which the City may levy within the dimicatiors of section 11 and l lb, Article XI of the Oregon Constitution are also pledged to the punctual payment of principal and iriter st or, the Notes. The Finance Director is directed pursuant to the Resolution to establish the Bancroft Bonded Debt Sinking Fund-Series 1991 Notes (the"Fund"), to which shall be deposited all proceeds from the collection of unbonded assessments, the sale of the Bancroft Bonds and the foreclosure of improvement liens for unbondcd assessments realized from the Improvements with respect to the Notes. 3. The difference between(a)the Maturity Amount of the Notes and(b) the initial offering price to the public of the Notes,constitutes"original issue discount"within the meaning of Section 1273(a)of the Code. Original issue discount on the Notes which is properly allocable to an owner of the Notes is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations;it should be noted,however,that, for the purpose of computing the alternative minimum tax imposed on corporations (as defined for federal income tax purposes),such original issue discount is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the City comply with all requirements of the Internal Revenue Code of 1986,as amended,that must be satisfied subsequent to the issuance of the Notes in orderchat the original issue discount thereon be,or continue to be,excluded from gross income for fedrral income tax purposes. The City has covenanted to comply with each such requirement. Failure to comply with certain of such requirements may cause the inclusion of the original issue discount in gross income for federal income tax purposes to be retroactive to the date of issuance of the Notes. We express no opinion regarding other federal tax consequences arising with respect to the Notes. ¢. The original issue discount on the Notes is exempt from Oregon personal income taxes. It is to be understood that the rights of the holders of the Notes and the enforceability of the Notes and the Resolution may be subject to bankruptcy,insolvency, reorganization,moratorium and other similar laws affecting creditors'rights or contractual obligations heretofore or hereafter enacted to the extent constitutionally applicable and that their enforcement may also be subject to the exercise of [Date] Page 3 judicial discretion in appropriate cases. Sincerely,