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HomeMy WebLinkAbout033 07 QC: (;*(~wer 1:r 4/0/"1 es STATE OF WASHINGTON COUNTY OF JEFFERSON A Resolution of the Board of County Commissioners of Jefferson County retaining Foster Pepper PLLC as bond Counsel for the County ) ) ) ) ) RESOLUTION NO. 33-07 WHEREAS, it is deemed necessary and in the best interests of Jefferson County, Washington (the "County"), and its inhabitants that the County issue and sell its Limited Tax General Obligation Bonds in the estimated proposed amount of $2,555,000 (the "Bonds") for proper County purposes, specifically to finance capital improvements for a 911 Dispatch Center; and WHEREAS, it is deemed necessary and advisable that attorneys who are experienced in such matters be employed as bond counsel to provide advice and draft the resolutions and other documents necessary for the issuance and sale of such Bonds, that firm to furnish its approving legal opinion on the validity of those Bonds, of the County at the time of their issuance and sale; and WHEREAS, the law firm of Foster Pepper PLLC of Seattle, Washington, is experienced in providing legal advice and documentation with respect to governmental financing of this type, and the legal opinions of that firm are nationally recognized by investors in municipal securities; and WHEREAS, it is deemed in the best interests of the County that counsel experienced in such matters be retained to provide special bond counsel services; and 50788419.2 Resolution No. 33-07 re: To Retain Bond Counsel for E911 Bond WHEREAS, RCW 36.32.200 requires a written contract of employment between the County's legislative authority and special counsel to be executed by the parties, and approved by the presiding superior court judge of the County, for such employment, and it is intended that the engagement letter attached hereto as Exhibit A, and made a part hereof shall constitute that written contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, as follows: Section 1. The law firm of Foster Pepper PLLC of Seattle, Washington should be and is employed by the County as bond counsel to provide advice and draft the resolutions and other documents required by the County in connection with the issuance and sale of the Bonds and to furnish its legal opinion on the validity of such Bonds and the exclusion from gross income for federal income tax purposes of the interest thereon at the time of their .delivery to the purchasers thereof upon the terms and conditions set forth in Exhibit A which are approved and accepted. Section 2. . The Chairman of the Board of County Commissioners is authorized and directed to execute and deliver on behalf of the County the engagement letter in substantially the form of Exhibit A, contingent upon approval of this engagement by the Superior Court Judge. Section 3. The Board of County Commissioners requests that the Prosecuting Attorney's Office undertake the steps necessary to have the retention and contract of Foster Pepper PLLC for the purposes listed above approved by the Superior Court Judge for Jefferson County. 50788419.2 2 Resolution No. :i:i-07 re: To Retain Bond Counsel for E911 Bond ADOPTED by the Board of County Commissioners of Jefferson County, Washington, at a regular open public meeting, held this 2nd day of April, 2007. .." I ?- ' .. j' ~ c,_ ....' t\ .' ;.. ,:, J: ".,:... "-.' ... -~ . L-<~ .....;;;;;,j .4;. . ~ fJ ."... _ ~ V , "\ ~ ;:< \ / ATTEST: (}Afu.m~ eM C ~li;-M~tth~s, Deputy Clerk ofthe Board 50788419.2 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON '" 3 Resolution No. 33-07 re: To Retain Bond Counsel for E911 Bond EXHIBIT A April 2, 2007 Honorable Board of County Commissioners Jefferson County 1820 Jefferson Street P.O. Box 1220 , Port Townsend, W A 98368 Re: Issuance of$2,555, 000 (est.) Limited Tax General Obligation Bonds, 2007 Honorable Commissioners: We greatly appreciate the opportunity to again serve as bond counsel to Jefferson County, Washington (the "County" or "Issuer"). The purpose of this engagement letter is to set forth certain matters concerning our duties as bond counsel to the Issuer in connection with the issuance of the above-referenced bonds (the "Bonds"). RCW 36.32.200 requires a written contract of employment between the County's legislative authority and special counsel to be executed by the parties, and approved by the presiding judge of the County. It is intended that this writing shall constitute such written contract. We understand that the Bonds will be issued to finance capital improvements for a 911 Dispatch Center. We also understand that the Bonds will be purchased at negotiated sale by Martin Nelson & Company, (the "Purchaser"). SCOPE OF ENGAGEMENT In this engagement, our duties as bond counsel include the following for the issuance of the Bonds: (i) subject to the completion of proceedings to our satisfaction, render our legal opinion (the "Bond Opinion") regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross income for federal income tax purposes; (ii) prepare and review documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, and coordinate the authorization and execution of such documents; (iii) review legal issues relating to the structure of the Bond issue; and (iv) review the section of the official statement, private placement memorandum or other form of offering or disclosure document to be disseminated in connection with the sale ofthe Bonds involving the federal income tax treatment of interest on the Bonds. Our Bond Opinion will be addressed to the Issuer and will be delivered by us on the date the Bonds are exchanged for their purchase price (the "Closing"). The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume 50788419.2 Resolution No. 33-07 re: To Retain Bond Counsel for E911 Bond continuing compliance by the Issuer after the Bonds are issued with applicable laws relating to such Bonds. During the course of this engagement, we will rely on the Issuer to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds and their security. We understand that officials and employees of the Issuer will cooperate with us in this regard. ATTORNEY-CLIENT RELATIONSHIP Upon execution of this engagement letter, the Issuer will be our client and an attorney- client relationship will exist between us. In this transaction we represent only the Issuer, we are not counsel to any other party, and we are not acting as an intermediary among the parties. Our services as bond counsel regarding the Projects are limited to those contracted for in this letter. The Issuer's execution of this engagement letter will constitute an acknowledgment of those limitations. Our representation of the Issuer regarding the Projects will be concluded upon issuance of the Bonds. Nevertheless, subsequent to Closing, we will mail the appropriate Internal Revenue Service Form 8038, and prepare and distribute to the participants in the transaction a transcript of the proceedings pertaining to the Bonds. CONFLICTS Bond Financing and Purchaser. Foster Pepper PLLC ("Foster Pepper") will represent the Issuer as its bond counsel in connection with the Bonds. Foster Pepper presently represents (and has from time to time represented) the Purchaser (including certain of its affiliates and related entities) as underwriter's counsel on financings by other issuers. Our representation of the Purchaser, however, is unrelated to the issuance of the Bonds. Foster Pepper will represent the Issuer in negotiating a bond purchase agreement regarding the sale of the Bonds to the Purchaser. The Washington Rules of Professional Conduct prohibit an attorney, and all members of that attorney's firm, from representing a client in a matter which is adverse to the interests of another client of the firm. This is called a conflict of interest. The conflict of interest arises because a lawyer has a duty of loyalty to every client, even if the lawyer is not representing the client in a particular matter. Since Foster Pepper will be representing the Issuer as bond counsel with regard to the Bonds and the Purchaser as special counsel, a conflict of interest is presented. The Rules of Professional Conduct allow clients to waive conflicts of interest when: (a) the lawyer reasonably believes the representation of the one client will not adversely affect the relationship with the other client, and (b) all clients consent in writing after full disclosure of the material facts. We have considered the conflicts presented here, and we believe that it is appropriate to ask the Issuer to waive the conflicts. We have obtained a written waiver from the Purchaser for any conflicts that may arise from our representation of borrowers who borrow money from the Purchaser or who issue bonds underwritten by the Purchaser. The primary risk associated with waivers of conflicts of interest in circumstances like this is the risk that confidential information of one client will be disclosed to the other client, to the disadvantage of the first client. We believe that risk will not be present for the Issuer and the Purchaser in this matter for the following reasons: (i) the Purchaser will be separately represented by independent counsel, and (ii) material financial information learned about the Issuer that the 50788419.2 Resolution No. 33-07 re: To Retain Bond Counsel for E911 Bond attorneys in our firm working on this transaction obtain, must in any event be made available to the Purchaser under securities laws. Another risk associated with waivers of conflicts of interest is the risk that a lawyer will not zealously represent one client out of fear of offending another client. We assure you that we will represent the Issuer's interests fully and to the best of our abilities. We anticipate that issuance of the Bonds will proceed amicably and all parties will be satisfied with the results. However, it is always possible that disputes or even litigation between the Issuer and/or the Purchaser may arise in the future. In that event, we will not be able to represent any party in that dispute. Execution of this letter will confirm that the Issuer has consented to our representation of the Purchaser consistent with the circumstances described in the foregoing paragraphs, and that the Issuer has waived the conflicts of interest identified herein. Regarding Other Foster Pepper Clients. Our firm represents many political subdivisions, companies, financial institutions and individuals. It is possible that during the time that we are representing the Issuer, one or more of our present or future clients will have transactions with the Issuer. It is also possible that we may be asked to represent, in an unrelated matter, one or more of the entities involved in the issuance of the Bonds. We do not foresee that any such representation, if it occurs, will adversely affect our ability to represent the Issuer as provided in this letter, either because such matters will be sufficiently different from the issuance of the Bonds so as to make such representations not adverse to our representation of you, or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the issuance of the Bonds. Execution of this letter will signify the Issuer's consent to our representation of others consistent with the circumstances described in this paragraph. To the extent we believe any future representation may adversely affect our representation of the Issuer, we will disclose such representation to the Issuer and, if required by ethical rules, seek the appropriate Issuer consent. FEES Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to this engagement letter; (iii) the time we anticipate devoting to the financing; and (iv) the responsibilities we will assume in connection therewith, our fee (including out-of-pocket costs) will be $10,400. Our fees may increase if: (a) material changes in the structure, size or schedule of the financing occur (e.g., the addition of a refunding or defeasance component to the Bonds); or (b) unusual or unforeseen circumstances arise that require a significant increase in our time or responsibility. If, at any time, we believe that circumstances require an adjustment of our fee, we will advise you. Our fee will be paid at the time of Closing of the Bonds. The Board hereby authorizes the Purchaser to deduct such fee from the price paid to the Issuer for the Bonds and to pay such fee directly to us via wire transfer. The Board consents to payment of our fee in this manner. Payment of our fee is contingent on a successful Closing. If for any reason, however, the financing represented by the Bonds is completed without the delivery of our Bond Opinion as bond counsel, or our services are otherwise terminated, we will expect to be compensated at our normal hourly rates for time actually spent on your behalf in this matter. 50788419.2 Resolution No. 33-07 re: To Retain Bond Counsel for E911 Bond RECORDS Upon request, papers and property furnished by you will be returned promptly. Our own files, including lawyer work product, pertaining to the transaction will be retained by us. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials retained by us after the termination of this engagement. If the foregoing terms are acceptable to the Board, please approve this letter at an open public meeting, and have two duplicate copies of this letter executed by the Chairman of the Board, and approved by the Superior Court Judge, and return one original to me. Please retain one original for the County's files. We look forward to working with you. Thank you. FOSTER PEPPER PLLC Lee Voorhees 50788419.2 Resolution No. 33-07 re: To Retain Bond Counsel for E911 Bond The terms of engagement set forth herein are accepted and approved by the Board of County Commissioners this _ day of April, 2007. JEFFERSON COUNTY, WASHINGTON By: Chairman of the Board of County Commissioners The firm accepts employment as bond counsel as of April 2, 2007, in accordance with the provisions of the foregoing Engagement Letter which is Exhibit A to the approving resolution of the Board of County Commissioners, which shall be a contract with the County when approved by the Superior Court Judge. FOSTER PEPPER PLLC By The foregoing contract is approved this _ day of April, 2007. Judge of the Superior Court of the State of Washington for Jefferson County 50788419.2 Resolution No. 33-07 re: To Retain Bond Counsel for E9l1 Bond CERTIFICATION I, the undersigned, Deputy Clerk of the Board of County Commissioners of Jefferson County, Washington (the "County"), hereby certify as follows: The attached copy of Resolution No. 83-0? (the "Resolution") is a full, true and correct copy of a resolution duly passed at a regular meeting of the Board of County Commissioners on April 2, 2007, as that resolution appears on the minute book of the County; and the resolution is now in full force and effect. 2. A quorum of the Commissioners of the Board was present throughout the meeting and a majority of those Commissioners present voted in the proper manner for the passage of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of April, 2007. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON ~1~;; Cm( ijtilie Matthes, Deputy Clerk of the Board 50788419.2 ~ F 0 S T E R PEP PER rLLe Direct Phone (206) 447-8968 Direct Facsimile (206) 749-2025 E-Mail voorl@foster.com April 2, 2007 Honorable Board of County Commissioners Jefferson County 1820 Jefferson Street P.O. Box 1220 Port Townsend, W A 98368 Re: Issuance of$2,555, 000 (est.) Limited Tax General Obligation Bonds, 2007 Honorable Commissioners: We greatly appreciate the opportunity to again serve as bond counsel to Jefferson County, Washington (the "County" or "Issuer"). The purpose of this engagement letter is to set forth certain matters concerning our duties as bond counsel to the Issuer in connection with the issuance of the above-referenced bonds (the "Bonds"). RCW 36.32.200 requires a written contract of employment between the County's legislative authority and special counsel to be executed by the parties, and approved by the presiding judge of the County. It is intended that this writing shall constitute such written contract. We understand that the Bonds will be issued to finance capital improvements for a 911 Dispatch Center. We also understand that the Bonds will be purchased at negotiated sale by Martin Nelson & Company, (the "Purchaser"). SCOPE OF ENGAGEMENT In this engagement, our duties as bond counsel include the following for the issuance of the Bonds: (i) subject to the completion of proceedings to our satisfaction, render our legal opinion (the "Bond Opinion") regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross income for federal income tax purposes; (ii) prepare and review documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, and coordinate the authorization and execution of such documents; (iii) review legal issues relating to the structure of the Bond issue; and (iv) review the section of the official statement, private placement memorandum or other form of offering or disclosure document to be disseminated in connection with the sale of the Bonds involving the federal income tax treatment of interest on the Bonds. TEhi~2~.t4 7.4400 FAX 206.447,9700 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 981013299 WWWFOSTERCOM SEATTLE WASHINGTON SPOKANE WASHINGTON PORTLAND OREGON Honorable Board of County Commissioners April 2, 2007 Page 2 Our Bond Opinion will be addressed to the Issuer and will be delivered by us on the date the Bonds are exchanged for their purchase price (the "Closing"). The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer after the Bonds are issued with applicable laws relating to such Bonds. During the course of this engagement, we will rely on the Issuer to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds and their security. We understand that officials and employees of the Issuer will cooperate with us in this regard. ATTORNEY-CLIENT RELATIONSHIP Upon execution of this engagement letter, the Issuer will be our client and an attorney- client relationship will exist between us. In this transaction we represent only the Issuer, we are not counsel to any other party, and we are not acting as an intermediary among the parties. Our services as bond counsel regarding the Projects are limited to those contracted for in this letter. The Issuer's execution of this engagement letter will constitute an acknowledgment of those limitations. Our representation of the Issuer regarding the Projects will be concluded upon issuance of the Bonds. Nevertheless, subsequent to Closing, we will mail the appropriate Internal Revenue Service Form 8038, and prepare and distribute to the participants in the transaction a transcript of the proceedings pertaining to the Bonds. CONFLICTS Bond Financing and Purchaser. Foster Pepper PLLC ("Foster Pepper") will represent the Issuer as its bond counsel in connection with the Bonds. Foster Pepper presently represents (and has from time to time represented) the Purchaser (including certain of its affiliates and related entities) as underwriter's counsel on financings by other issuers. Our representation of the Purchaser, however, is unrelated to the issuance of the Bonds. Foster Pepper will represent the Issuer in negotiating a bond purchase agreement regarding the sale of the Bonds to the Purchaser. The Washington Rules of Professional Conduct prohibit an attorney, and all members of that attorney's firm, from representing a client in a matter which is adverse to the interests of another client of the firm. This is called a conflict of interest. The conflict of interest arises because a lawyer has a duty of loyalty to every client, even if the lawyer is not representing the client in a particular matter. Since Foster Pepper will be representing the Issuer as bond counsel with regard to the Bonds and the Purchaser as special counsel, a conflict of interest is presented. The Rules of Professional Conduct allow clients to waive conflicts of interest when: (a) the lawyer reasonably believes the representation of the one client will not adversely affect the relationship with the other client, and (b) all clients consent in writing after full disclosure of the material facts. We have considered the conflicts presented here, and we believe that it is appropriate to ask the Issuer to waive the conflicts. We have obtained a written waiver from the 50788371.1 Honorable Board of County Commissioners April 2, 2007 Page 3 Purchaser for any conflicts that may arise from our representation of borrowers who borrow money from the Purchaser or who issue bonds underwritten by the Purchaser. The primary risk associated with waivers of conflicts of interest in circumstances like this is the risk that confidential information of one client will be disclosed to the other client, to the disadvantage of the first client. We believe that risk will not be present for the Issuer and the Purchaser in this matter for the following reasons: (i) the Purchaser will be separately represented by independent counsel, and (ii) material financial information learned about the Issuer that the attorneys in our firm working on this transaction obtain, must in any event be made available to the Purchaser under securities laws. Another risk associated with waivers of conflicts of interest is the risk that a lawyer will not zealously represent one client out of fear of offending another client. We assure you that we will represent the Issuer's interests fully and to the best of our abilities. We anticipate that issuance of the Bonds will proceed amicably and all parties will be satisfied with the results. However, it is always possible that disputes or even litigation between the Issuer and/or the Purchaser may arise in the future. In that event, we will not be able to represent any party in that dispute. Execution of this letter will confirm that the Issuer has consented to our representation of the Purchaser consistent with the circumstances described in the foregoing paragraphs, and that the Issuer has waived the conflicts of interest identified herein. Regarding Other Foster Pepper Clients. Our firm represents many political subdivisions, companies, financial institutions and individuals. It is possible that during the time that we are representing the Issuer, one or more of our present or future clients will have transactions with the Issuer. It is also possible that we may be asked to represent, in an unrelated matter, one or more of the entities involved in the issuance of the Bonds. We do not foresee that any such representation, if it occurs, will adversely affect our ability to represent the Issuer as provided in this letter, either because such matters will be sufficiently different from the issuance of the Bonds so as to make such representations not adverse to our representation of you, or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the issuance of the Bonds. Execution of this letter will signify the Issuer's consent to our representation of others consistent with the circumstances described in this paragraph. To the extent we believe any future representation may adversely affect our representation of the Issuer, we will disclose such representation to the Issuer and, if required by ethical rules, seek the appropriate Issuer consent. 5078837I.1 Honorable Board of County Commissioners April 2, 2007 Page 4 FEES Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to this engagement letter; (iii) the time we anticipate devoting to the financing; and (iv) the responsibilities we will assume in connection therewith, our fee (including out-of-pocket costs) will be $10,400. Our fees may increase if: (a) material changes in the structure, size or schedule of the financing occur (e.g., the addition of a refunding or defeasance component to the Bonds); or (b) unusual or unforeseen circumstances arise that require a significant increase in our time or responsibility. If, at any time, we believe that circumstances require an adjustment of our fee, we will advise you. Our fee will be paid at the time of Closing of the Bonds. The Board hereby authorizes the Purchaser to deduct such fee from the price paid to the Issuer for the Bonds and to pay such fee directly to us via wire transfer. The Board consents to payment of our fee in this manner. Payment of our fee is contingent on a successful Closing. If for any reason, however, the financing represented by the Bonds is completed without the delivery of our Bond Opinion as bond counsel, or our services are otherwise terminated, we will expect to be compensated at our normal hourly rates for time actually spent on your behalf in this matter. RECORDS Upon request, papers and property furnished by you will be returned promptly. Our own files, including lawyer work product, pertaining to the transaction will be retained by us. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials retained by us after the termination of this engagement. If the foregoing terms are acceptable to the Board, please approve this letter at an open public meeting, and have two duplicate copies of this letter executed by the Chairman of the Board, and approved by the Superior Court Judge, and return one original to me. Please retain one original for the County's files. We look forward to working with you. Thank you. S078837U Honorable Board of County Commissioners April 2, 2007 Page 5 The terms of engagement set forth herein are accepted and approved by the Board of County Commissioners this ~ day of April, 2007. SHINGTON By: The firm accepts employment as bond counsel as of April 2, 2007, in accordance with the provisions of the foregoing Engagement Letter which is Exhibit A to the approving resolution of the Board of County Commissioners, which shall be a contract with the County when approved by the Superior Court Judge. FOSTER PEPPER P By The foregoing contract is approved this 2- day of April, 2007. e uperior Court of for Jefferson County 50788371.1 <:> l:: '" ..... c..:;: ~ "- ....... ~ ~ ~ ~:~~ ?--.C ;:: ~ '" l:: :: ~ .~ 5 ;: 8 .;<:>s, c~~ '" '" ;:: 'll <:> ~ -<:l - ... _ ... <:> <:>~l:: l::~<:> S l:: ',:: :: ~ g '" '" .~ !i '5lJ "t: .~ ~ ~ ~ s ~ <:> ... ~ .::: .S= 'll l:: ... ill 'll t::>.. E"=::- "'""~<?-. '" ~ ~ " - .~] 3 l::~J5 ~ CY~ ~ ~ is ~ i! ~ ~ 'E ~ 'll ._ ~ ~'E~ l:: Q., <:> ~ .~ l:: ~ ~ ..g ]~ .~ ~ -.l:: .::l l:: "'- -~ ill S; .~ ~ ~~ ~S~ . '" <:> l:: ::-.l:: .~ ;:: " ~.~ ~ ~"-.l:: :: <:> " <:> l:: ~ " ... ~ ..8~ l:: ....... :i:::'- .~::::l 5 ~ i:! 'tl ~ ~ .- ~~] ~ - ... l:: i! .;:: 'E';- ~ 'll '_ ~ ::; ~ .:: 'll ... .:; ~ .~ ~ -- - ~ ~.~ " '" ~ ;:: ',,: '-':l .~ ~ 'll "t:l :: ill ;: 'll-.l:: ... "t:l ;, -g, i:3 <:> .5 ~ ~ ~ -i3 ~ -~~ ~06:i ~ 'll '" .~ ;:~~ts ~ 'll ~ ~ ~.S ~ 't l:::$ ....... - ;:$ r;s~::::~ ....... ........ ~ "" .::1 ..8"5; i;; The Bonds are offered by Martin Nelson & Co., Inc., the Underwriter, when, as and if issued, subject to the final approving legal ~ -9 ~ i2 opinion of Foster Pepper PLLC of Seattle, Washington, Bond Counsel. It is anticipated that the Bonds will be ready for delivery c;., ~ ;0... ~ through DTC by Fast Automated Securities Transfer on or about May I, 2007. ...."1:l ;:: <:> ~ ~ ~ ~ This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to .;: ~ - ~ the making of an informed investment decision. Iii: \,,) :........... ~ ~ ~.~ *Preliminary, subject to change. Q., J5 l:: 'E: .~ ~ ~ ~ E::~'o--~ " .. PRELIMINARY OFFICIAL STATEMENT (Dated March 21, 2007) INSURANCE: "Applied For" NEW ISSUE - "BANK QUALIFIED" STANDARD & POOR'S RATING: "Applied For" BOOK-ENTRY ONLY STANDARD & POOR'S UNDERLYING RATING: "Applied For" In the opinion of Bond Counsel, under existing federal law and assuming compliance with applicable requirements of the Internal Revenue Code of 1986, as amended (the "Code'), that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. Receipt of inter est on the Bonds may have other federal tax consequences for certain taxpoyers_ See the captions "Tax Exemption" and "Certain Other Federal Tax Consequences_ " $2,555,000* JEFFERSON COUNTY, WASHINGTON LIMITED TAX GENERAL OBLIGATION BONDS, 2007 DATED: Date ofInitial Delivery DUE: December 1. as shown below Jefferson County, Washington, (the "County"), Limited Tax General Obligation Bonds, 2007 (the "Bonds") will be issued in fully registered form in the denomination of $5,000 each or integral multiples thereof within a single maturity. The Bonds will be registered in the name of Cede & Co., as bond owner and nominee for The Depository Trust Company ("DTC"). DTC will act as securities depository for the Bonds. Purchasers will not receive certificates representing their interest in the Bonds purchased. Interest on the Bonds will be paid on December 1, 2007 and semiannually thereafter on December 1 and June 1 of each year to the maturity or earlier redemption of the Bonds, Principal of and interest on the Bonds will be payable by the fiscal agent of the State of Washington in New York, New York, currently The Bank of New York, New York, New York, as further described herein. For so long as the Bonds remain in a "book-entry only" transfer system, the fiscal agent will make such payments only to DTC, which will in turn remit such principal and interest to the DTC Participants for subsequent disbursement to Beneficial Owners of the Bonds as further described herein in Appendix B. MATURITY SCHEDULE * Due Dec. 1 2007 2008 2009 2010 2011 2012 2013 Interest Rate % Due Dec. 1 2014 2015 2016 2017 2018 2019 2020 2021 Interest Rate % Amount $125,000 90,000 95,000 95,000 100,000 105,000 110,000 Price CUSIP Amount $110,000 115,000 120,000 125,000 130,000 135,000 140,000 145,000 Price CUSIP $815,000 Term Bonds due December 1, 2026, _% (priced at The Bonds maturing on or after December 1, 2017 are issued with the right or option of the District to redeem the Bonds prior to their stated maturity dates. See the heading "DESCRIPTION OF THE BONDS -- Redemption of Bonds Prior to Maturity" herein. The County has designated the Bonds as "Qualified Tax-Exempt Obligations" for banks, thrift institutions and other financial institutions. See the heading "UNDERWRITING AND LEGAL -- Tax Exemption" herein. Payment of the principal of and interest on the Bonds when due will be insured by a financial guaranty insurance policy to be issued by simultaneously with the delivery of the Bonds. See the heading "MUNICIPAL BOND INSURANCE" herein, For as long as any of the Bonds are outstanding, the County has irrevocably pledged to budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the County on all taxable property within the County in an amount sufficient, together with other money of the County legally available for such purposes, to pay when due the principal and interest on the Bonds, . The full faith, credit and resources of the County have been pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal of and interest on the Bonds. The Bonds do not constitute a debt or indebtedness of the State of Washington or any political subdivision thereof other than the County, See the heading "SECURITY" herein. . Martin Nelson & Company I I I I No dealer, broker, sales representative or other person has been authoriz~d by the County or Martin Nelson & Co., Inc. (the "Underwriter") to give any information or to make any representations 'ith respect to the Bonds other than those contained herein and, if given or made, such other information or representations ust not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an 0 er to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person, in any juI'isdiction i which it is unlawful for such person to make such offer, solicitation or sale. ... .. The information set forth herein has been obtained from County officials and other sources, which are believed to be reliable, but is not guaranteed as to accuracy or completeness, and is not to be co strued as a representation, by the Underwriter. The information and expression of opinions herein are subject to change wi hout notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, reate any implication that there has been no change in the affairs of the County or any other person described herein since the date thereof. In connection with the offering of the Bonds, the Underwriter may effe t transactions that stabilize or maintain the market price of such Bonds at a level above that which might otherwise prevail . n the open market. Such stabilizing, if commenced, may be discontinued at any time. The Bonds have not been registered under the Securities Act of 1933, as amended, in reliance upon a specific exemption contained in such act. The exemption from registration or quali lcation of the Bonds cannot be regarded as a recommendation thereof. No state or any of their agencies have passe upon the merits of the Bonds nor the accuracy or completeness of this Official Statement. Any representation to the contr may be a criminal offense. The CUSIP numbers are included on the cover of this Official Statement I for convenience of the holders and potential holders of the Bonds. No assurance can be given that the CUSIP numbers for the Bonds will remain the same after the date of issuance and delivery of the Bonds. I ii JEFFERSON COUNTY, WASHINGTON 1820 Jefferson Street PO Box 571 Port Townsend, W A 98368 Phone: (360) 385-9154 Fax: (360) 385-9149 Board of County Commissioners Phil Johnson (Chairman) David W. Sullivan John Austin District No.1 District No.2 District No.3 County Officials John F. Fischbach JudiMorris Ruth Gordon Jack Westerman 1II Donna M. Eldridge Mike Brasfield County Administrator Treasurer County Clerk Assessor Auditor Sheriff Bond Counsel B0 FOSTER PEPPER Foster Pepper PLLC Seattle, Washington Underwriter .~ Martin ~... Nelson & Company Public Finance Department Seattle, Washington iii TABLE OFCONTE~TS SUMMARY STATEMENT................................. ............................. ............... ........................ '" .............. ....... .... v INTRODUCTION ......................,...................................................... .......... ..... ........... ................................. ........ 1 DESCRIPTION OF THE BONDS ................................................... ....................................................,..............1 Principal Amount, Dates, Interest Rates and Maturities ................. ...................................................................1 Registration Features and Fiscal Agent .............,............................ ...................................................................1 Authorization of Issuance......................................................... ..... .~........... ........................... ............................. 1 Redelllption of Bonds.................,....... .............. .............,..... ..... .... ..~....... .... ......................................... ...............2 Notice of Redemption............................... ...................................... J... ........... .................................... ..........,......2 I Open Market Purchase................................... .......... ............... ......... ......... .......................................................... 2 Book-Entry Bonds.. ....... ...... .................... ........................ .......... ..... ... ............ ...... .............. ................. ...............2 PURPOSE AND USE OF PROCEEDS .........,.....,........................... ...................................................................3 Purpose.............................. .......... ......................................... .......... ............. ................. ........ ....... ...................,.. 3 Sources and Uses of Funds........................ ........,.......................................................... .................. ........ ............3 Debt Payment Record ...... ................ ........... ............................. ............... .............................. ................,....... ......3 Future Financings ......... .......,.......................................................... ....,....... ....... .........................,............,. ........ 3 MUNICIPAL BOND INSURANCE.............,.......................... ,..... ........ ...... ..................... ....... ....... .........................3 SECURITy...... ..........................,...........,..,......................................... +......... .....................................................,... 3 INITIATIVES,.,.......,.........,...........,.............,.,................. ........... ..... ...1................. .......................... ........................4 COUNTY DEBT AND TAX LIMITATIONS .................................................................. .................,.......... ....... 4 General Obligation Debt and Taxing Powers .....................................................................................................4 Debt Limitation and Outstanding Indebtedness .................... .................,............... ,......................................,..... 4 COMPUTATION OF STATUTORY DEBT CALCULATION......................................,................................. 6 ESITMA TED DEBT SERVICE SCHEDULE ..., ............................................,........................................,..........7 TAX VALUATION AND COLLECTIONS ..,.......,.........................+.................................................................. 8 Assessed Va1uation Detennination...,. ...................,....................... .f... ......................................... ...................... 8 Tax Collection Procedure..,..........".......................,........... ..........., .f... .... ............,.................... ......................,... 9 Collection of Other Taxes........ ,.... ...,....."................................ ......+...,.......................... ................................ ,. 10 TH~e~~~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::r:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~; Government Organization..,...... .....,... ............................... ............... ,............ ................ ....... ............................ 12 Labor Relations....,...................................,... ................. ........... ........ .......,..... ................................................... 12 Pension System........ ............................ .......................... ........... ....... .... ...... ..........,........................................... 13 ~~::r:c~~~ i~i~~~i~~.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::f:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~; Authorized Investments.................. ... ........................... ................... . ........ ....................................................... 14 Local Government Investment Pool................................................ .............. .................................................. 14 Authorized Investments for Bond Proceeds ...................................+...............................................................15 FINANCIAL STATEMENTS..... .................................... ........ ...........' .. ............... ............. ........ ..... .............. ....... 16 ECONOMIC AND DEMOGRAPHIC INFORMA nON ............... ................................................................ 20 UNDERWRITING AND LEGAL.... ......................... ...... .".. .............. ......... ................................... .... ............,...22 Underwriting Agreement... .......,....... ........................... .,.... .............. .... .......,. ...... ...................... ....................... 22 Description of Ratings ................................................ ... ....... ....... ..... '" ............ ................,.,..............................22 Absence of Material Litigation........... ..... ....................,...... ......... .... ........ ................. ...... ................ ................. 22 Legal Opinion............... .......... .................,........... .......... .......... ......... ..... ....................... ........ ....... ...... ....... ........ 22 Conflicts of Interest... ............................................ ....... ........... .... ..... .......... .......,.. ........... .......... .... ................... 22 Tax Exelllption.......... ........ ........................... ...,.,.......... ......... ..... ..... .1.........., ......... ........ ..... ............... ................23 Certain Other Federal Tax Consequences................ ...... ........ ........ ..;...... ............. ....... .................. ........ ............23 Undertaking to Provide Continuing Disclosure ....... .......................... ..................,............................................. 24 Miscellaneous...... .............. ..................... ..............,...... ......... ........... ......... ....................................................,.. 25 Preliminary Official Statement.... ......,.....................,.... .............., .... ... .................... ............. ............................25 Official Statement Certificate....... ................. ..... ......... .......... ........... ........ .............,..... ...... ............................... 25 FORM OF THE LEGAL OPINION ................................................. ................................................Appendix A BOOK-ENTRY ONLY SySTEM.......... ..... ........ .....,..... .................... ......... ............... ............. ....... .... Appendix B AUDIT REPORT .......,.... ...................... ......, ..................... ,;.. ...... ........ ...... ... ..... .... ........... ............. ......Appendix C iv SUMMARY STATEMENT THE FOLLOWING SUMMARY STATEMENT IS FURNISHED SOLELY TO PROVIDE LIMITED INTRODUCTORY INFORMATION REGARDING THE TERMS OF THE BONDS AND DOES NOT PURPORT TO BE COMPREHENSIVE. ALL SUCH INFORMATION IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO THE MORE DETAILED DESCRIPTION APPEARING IN THE OFFICIAL STATEMENT. THE OFFERING OF THE BONDS TO POTENTIAL INVESTORS IS MADE ONLY BY MEANS OF THE ENTIRE OFFICIAL STATEMENT. The Bonds: Purpose: Optional Redemption: Mandatory Redemption: Security: Tax Exemption: The Bonds are being issued by Jefferson County, Washington, in the aggregate principal amount of $2,555,000* and are dated their date of initial delivery. The Bonds will mature on the dates, in the principal amounts and at the respective rates per annum set forth on the cover of this Official Statement. Interest on the Bonds will be payable on December 1, 2007 and semiannually thereafter on December 1 and June 1 to maturity or earlier redemption of the Bonds. The Bonds initially will be issued in book-entry form in the denominations of $5,000 or any integral multiples thereof within a single maturity. See the heading "DESCRIPTION OF BONDS -- Principal Amount, Date, Interest Rate and Maturities" herein. Proceeds of the Bonds will be used to ffiance capital improvements for a 911 Dispatch Center. In addition, a portion of the proceeds of the Bonds will be used to pay the costs of issuance of the Bonds. See the heading "PURPOSE AND USE OF PROCEEDS" herein. The County reserves the right and option to redeem the Bonds maturing on or after December 1,2017*, prior to their stated maturity dates at any time on or after June 1, 2017*, as a whole or in part (within one or more maturities selected by the County and randomly within a maturity in such manner as the Bond Registrar shall determine) at par plus accrued interest to the date fixed for redemption. See the heading "DESCRIPTION OF THE BONDS--Redemption of Bonds Prior to Maturity" herein. In addition to optional redemption, the Bonds maturing on December 1,2026* are Term Bonds and if not previously redeemed as described above or purchased under the provisions set forth in the Bond Resolution, the Term Bonds will be called for mandatory sinking fund redemption at a price of par, plus accrued interest on December.l in the years and amounts as set forth in the schedule herein under the heading "DESCRIPTION OF THE BONDS -- Redemption of Bonds Prior to Maturity." For as long as any of the Bonds are outstanding, the County has irrevocably pledged to budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the County on all taxable property within the County in an amount sufficient, together with other money of the County legally available for such purposes, to pay when due the principal and interest on the Bonds. The full faith, credit and resources of the County have been pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal of and interest on the Bonds. The Bonds do not constitute a debt or indebtedness of the State of Washington (the "State") or any political subdivision thereof other than the County. See the heading "SECURITY" herein. In the opinion of Bond Counsel, under e-xisting federal law and assuming compliance with applicable requirements of the Code that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. Receipt of interest on the Bonds may have other federal tax consequences for certain taxpayers. See the heading "UNDERWRITING AND LEGAL -- Tax Exemption" and "Certain Other Federal Tax Consequences" herein. *Preliminary, subject to change v Bank Qualified Obligations: Ratings: Insurance: I The County ha, de,igoated the Bond, :.. '.quali lod tax-exempt obligation," fo, certain fmanei.1 institutions. See the heading "UNDERWRITING A~ LEGAL -- Tax Exemption" herein. I Standard & Poor's Ratings Services has assigned a rting of" " with the understanding that upon delivery of the Bonds a policy insuring the payment w en due of the principal of and interest on the Bonds will be issued by . The County has also received an underlying rating of "_" from Standard & Poor's. The ratings reflect otuY the view of the rating agency and an explanation of the significance of the ratings may b~ obtained from the rating agency. There is no assurance that the ratings will be retained forl an iven period of time or that the ratings will not be revised downward or withdrawn entirely bY. the rating gency if, in its judgment, circumstances so warrant. Any such downward revision or withdrawal of the ra . gs will be likely to have an adverse effect on the market price of the Bonds. See the heading "UN DE RITING AND LEGAL -- Description of Ratings" herein. I I Payment of the principal of and interest on the Bon~ when due will be insured by a financial guaranty insurance policy to be issued by ; simultaneously with the delivery of the Bonds. See the heading "MUNICIPAL BOND IN URANCE" herein. VI OFFICIAL STATEMENT JEFFERSON COUNTY, WASHINGTON $2,555,000* LIMITED TAX GENERAL OBLIGATION BONDS, 2007 INTRODUCTION Jefferson County, Washington, a public body corporate duly organized and existing under and by virtue of the laws of the State, furnishes this Official Statement in connection with the offering of $2,555,000* principal amount of its Limited Tax General Obligation Bonds, 2007. This Official Statement, which includes the cover page and appendices, provides information concerning the County and the Bonds. DESCRIPTION OF THE BONDS Principal Amount, Dates, Interest Rates and Maturities The Bonds will be issued in the aggregate principal amount of $2,555,000* and will be dated and bear interest from their date of initial delivery. The Bonds will mature on the dates and in the principal amounts and will bear interest (payable commencing on December 1, 2007, and semi-annually thereafter on each December I and June 1) at the respective rates set forth on the cover of this Official Statement, until maturity or earlier redemption of the Bonds. Interest on the Bonds will be calculated on the basis of a 360-day year consisting of twelve 30-day months. Principal of and interest on the Bonds will be payable in lawful money of the United States of America. Registration Features and Fiscal Agent The Bonds will be fully registered as to both principal and interest, and will be in the denomination of $5,000 each or any integral multiple thereof within a single maturity. The Bonds, when issued, will be registered in the name of Cede & Co., as registered owner and nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository for the Bonds. Individual purchases may be made in book-entry form only. Purchasers will not receive certificates representing their interest in the Bonds purchased. So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC, references herein to registered owners or bond owners will mean Cede & Co. and will not mean the "Beneficial Owners" of the Bonds. In this Official Statement, the term "Beneficial Owner" will mean the person for whom a DTC participant acquires an interest in the Bonds. Principal of and interest on the Bonds will be payable by the State fiscal agent in New York, New York, currently The Bank of New York (or such other fiscal agency or agencies as the Jefferson County Treasurer (the "Treasurer") may from time to time designate). So long as Cede & Co. is the registered owner of the Bonds, principal of and interest on the Bonds are payable by wire transfer by the State fiscal agency to DTC, which, in turn, is obligated to remit such principal and interest to the DTC participants for subsequent disbursement to Beneficial Owners of the Bonds, as further described under "Book- Entry Only System" in Appendix B. Authorization of Issuance The Bonds are being issued pursuant to Resolution No. _ (the "Bond Resolution"), adopted on ,2007 by the Board of County Commissioners (the "Board") under and in accordance with the Constitution and the laws of the State and the authority of chapters 39.36, 39.46, and 39.53 Revised Code of Washington ("RCW"). Capitalized terms used herein, if not specifically defined herein, are used as dermed in the Bond Resolution. *Preliminary, subject to change 1 Redemption of Bonds I Ovtional Redemption. The County reserves the right and optiion to rede m Bonds maturing on or after December 1,2017*, prior to their stated maturity dates at any time, on or after June. 1, 2017*, as a whole or in part (within one or more maturities selected by the County and randomly within a maturity in such manne as the Bond Registrar shall determine), at par plus accrued interest to the date fixed for redemption. I Mandatory Redemption. If not previously rede emedas describ.ed above~r purchased in the open market under the provisions set forth in the Bond Ordinance, the Term Bonds due on December 1,2 26* will be called for redemption randomly (in such manner as the Bond Registrar shall determine) at a price of par, plus accrued interest, on December 1 in the years and amounts as follows: . I. 2026 Term Bond I Mandatory Sinking Fund Ma datory Sinking Fund Redemption Dates* R de tion Amounts* 2022 $150,000 2023 155,000 2024 165,000 2025 170,000 2026 (Final Maturity) 175,000 Partial Redemption. Portions of the principal amount of any Bond,' installments of $5,000 or any integral multiple of $5,000, may also be redeemed. If less than all of the principal amoun of any Bond is redeemed, upon surrender of such Bond at either of the principal corporate trust offices of the Bond Regi trar, there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal amount thereof, a new Bond or Bonds, at the option of the registered owner, with like maturity and interest rate, in any denon1IDation authorized by the Bond Resolution. I Notice of Redemption The Bond Registrar shall give, or cause to be given, notice of a call tl r redemption of any Bonds in accordance with the Letter of Representations. Notice of any such redemption will be given not less than 30 nor more than 60 days prior to the date fixed for redemption by fITst-class mail, postage prepaid, to the re istered owner of each Bond to be redeemed at the address appearing on the Bond Register on the day notice is mailed. The actual receipt by the registered owner of such notice of redemption shall. not be a condition precedent thereto and neither th failure to receive nor a defect in such notice shall affect the validity of the proceedings for redemption. , I I Open Market Purchase I The County reserves the right and option to purchase any or all of the B nds in the open market at any time and at any price, . plus accrued interest to the date of purchase. All Bonds so pUIlChased wil be canceled. Book-Entry Bonds DTC will act as securities depository for the Bonds, The ownership 0 one fully registered Bond for each maturity of the Bonds, as set forth on the cover of this Official Statement, each in the tgregate principal amount of such maturity, will be registered in the name of Cede & Co., as nominee for DTC. See Ap endix B attached hereto for additional information regarding the Book-Entry System. Procedure in the Event of Revisions of Book-Entry Transfer Svstem. f DTC resigns as the securities depository and the County is unable to retain a qualified successor to DTC, or the County has determined that it is in the best interest of the County not to continue the book-entry system of transfer or that intere of the Beneficial Owners of the Bonds might be adversely affected if the book-entry system of transfer is continued, the County will execute, authenticate and deliver at no cost to the Beneficial Owners of the Bonds or their nominees, Bonds in ly registered form, in the denomination of $5,000 or any integral multiple thereof within a maturity. In the event the Bo ds are transferred by the County to fully registered *Preliminary, subject to change 2 form, the Bonds may be payable by the Bond Registrar, The Bank of New York, New York. Thereafter, the principal of the Bonds will be payable upon due presentment and surrender thereof at the principal office of the Bond Registrar; interest on the Bonds will be payable by check or draft mailed or by electronic transfer on the interest payment date (electronic transfer will be made only if so requested in writing and if costs of such electronic transfer will be paid by the requesting registered owner) to the persons in whose names such Bonds are registered, at the address appearing upon the registration books on the 15th day of the month preceding the interest payment date, and the Bonds will be transferable as provided in the Bond Resolution. PURPOSE AND USE OF PROCEEDS Purpose Proceeds of the Bonds will be used to fmance capital improvements for a 911 Dispatch Center. In addition, a portion of the proceeds of the Bonds will be used to pay the costs of issuance of the Bonds. Sources and Uses of Funds The proceeds of the Bonds are estimated to be applied as follows: Sources of Funds: Par Amount of Bond Issue Net Original Issue Premium/(Discount) Net Sources of Funds $ $ * * $ * Uses of Funds: Deposit to Project Account Costs ofIssuance (1) Net Uses of Funds $ $ * * $ * (J) Includes Underwriter's discount, Bond Counsel fee, bond insurance premium, bond rating fee, and Official Statement printing and mailing. Debt Payment Record The County has always promptly met principal and interest payments on outstanding bonds, notes and warrants when due. Additionally, no refunding bonds have been issued for the purpose of preventing an impending default. Future Financings The County has no plans to issue general obligation bonds in the next 12 months. MUNICIPAL BOND INSURANCE {Applied For} SECURITY For as long as any of the Bonds are outstanding, the County has irrevocably pledged to budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the County on all taxable property within the County in an amount sufficient, together with other money of the County legally available for such purposes, to pay when due the principal and interest on the Bonds. The full faith, credit and resources of the County have been pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal of and interest on the Bonds. The Bonds do not constitute a debt or indebtedness of the State or any political subdivision thereof other than the County. *Preliminary, subject to change 3 Limitation on Sources of Payment for tbe Bonds Limited tax general obligation bonds, such as the Bonds, are payable s ely from amounts in the County's Current Expense Fund, together with any other money of the County legally available to pay debt service on such bonds. The County is not authorized to levy any additional or excess tax for purposes of repaying i s limited tax general obligation bonds. The primary source of funds to repay such bonds are the County's regular property tax and various excise taxes, to the extent not paid from other sources. See "The Bonds - Property Tax Levy Procedure" he ein for a discussion of the County's regular property tax collection procedures. Because regular property tax revenues are us' d to operate County government, a pledge to repay limited tax general obligation bonds directly affects a County's operatin budget. Consequently, any money budgeted to pay debt service on limited tax general obligation bonds is necessarily div rted from other County services. (See "COUNTY DEBT AND TAX LIMITATIONS -- Property Tax Levy Limitations" he ein.) INITIATIVES i General I i Under the State constitution, the voters of the state have the ability t~initiate legislation and to modify existing statutes through the powers of initiative and referendum. Initiatives and refer nda are submitted to the voters upon receipt of a petition signed by at least eight percent (initiatives) and four percent (refi renda) of the number of voters registered and voting for the office of Governor at the preceding regular gubernatorial election~AnY law approved in this manner by a majority of the voters may not be amended or repealed by the legislature within a p riod of two years following enactment, except by a vote of two-thirds of all the members elected to each house of the legisla e, but thereafter is subject to amendment or repeal by the legislature in the same manner as other laws. i i COUNTY DEBT AND TAX LIl~lITATIONS i I The power of the County to contract debt of any kind is controlled and limited by State law. All debt must be set forth in accordance within detailed budget procedures and paid for out of idenffiable receipts and revenues. The budget must be balanced for each fiscal year. It is unlawful for an officer or employee of the County to incur liabilities in excess of budgetary appropriations. i Jefferson County, Wasbi~gton Historical Current Expense and Road pistrict Levy Rates i Ro,d District !&!I 1.2444 1.3049 1.2991 11.3429 11.4197 i i I The principal of and interest on limited tax general obligations, such as th~ Bonds, must be paid from these taxes unless funds are available from other sources. r Debt Limitations and Outstanding Indebtedness 1 Without voter approval, the County may incur indebtedness for general ounty pwposes in an amount not to exceed 1.50% of the assessed value of all taxable property within the County. With vdter approval, the County may incur indebtedness in an amount not to exceed 2.50% of the County's assessed value. Such lJ9nds require an approving vote, and any election to validate general obligation bonds must have a voter turnout of at leaS140% of those who voted in the last State general election. Of those voting, 60% must vote in the atrmnative. No combi ation oflimited or unlimited tax bonds may exceed 2.50% of the assessed valuation. General Obligation Debt and Taxing Powers Collection Year 2007 2006 2005 2004 2003 Current Expense !&!I $1.5225 1.6191 1.7801 1.8192 1.8904 Source: Washington State Department of Revenue 4 Combined !&!I $2.7669 2.9240 3.0792 3.1621 3.3101 The County currently has limited tax general obligation debt outstanding (including bonds, leases, installment purchase contracts and other forms of debt) in the principal amount of $4,820,000. The County currently has no outstanding unlimited tax general obligation debt. When the Bonds are issued, the County will have limited tax general obligation debt outstanding in the principal amount of approximately $7,375,000. 5 2007 Assessed Valuation ("A V") (1) I I I Jefferson County, WaShingtonl Computation of Statutory Debt Limitations (as of March 21, 2007) ! I I $ 4,096,006,237 Limited Tax General Obligation Debt Capacity (Non-Voted): Limited Tax General Obligation Debt Capacity (1.50% of A V) Less: Outstanding Limited Tax General Obligation Debt (2) Less: This Issue Limited Tax General Obligation Bonds Remaining Non-Voted General Obligation Debt Capacity $ 61,440,094 (4,820,000) (2,555,000) * $ 54,065,094 Percent of Limited Tax Debt Capacity Used 12.00% Unlimited Tax General Obligation Debt Capacity (Voted): Total General Obligation Debt Capacity (2.50% of A V) Less: Outstanding Unlimited Tax General Obligation Debt Less: Outstanding Limited Tax General Obligation Debt (2) Less: This Issue Limited Tax General Obligation Bonds .l Remaining General Obligation Debt Capacity (Voted and Non-Votj) i Percent of Total Debt Capacity Used I Net Direct and EstimatedOverlappi~ Debt $ 102,400,156 (4,820,000) (2,555,000) * $ 95,025,156 7.20% Net Direct Debt: Outstanding General Obligation Debt: Outstanding Unlimited Tax General Obligation Debt Outstanding Limited Tax General Obligation Debt a) This Issue of Limited Tax General Obligation Bonds Total Net Direct Debt $ 4,820,000 2,555,000 * $ 7,375,000 $ 2,207,401 6,850,000 7,555,063 865,000 17,950,000 $ 35,427,463 $ 42,802,463 Estimated Overlapping Debt: City of Port Townsend Port of Port Townsend Hospital District No.2 Fire Districts School Districts Total Estimated Overlapping Debt Total Net Direct and Estimated Overlapping Debt Bonded Debt Ratios 2007 Assessed Valuation ("A V") (1) Estimated 2007 Population Ratio of: j Net Direct Debt to Assessed Value . Net Direct Debt and Estimated Overlapping Debt to Assessed Val e Per Capita: I Net Direct Debt I Net Direct Debt and Estimated Overlapping Debt I Assessed Value i (1) For 2007 tax collections. assessed value usedfor regular levies Jus TA Y. (2) Consists of the County's outstanding 1998 LTGO RefUnding Bo;~ in the principal amount of$1.215.000 and the 2003 LTGO Bonds in the principal amount of$3.605,000, $ 4,096,006,237 28,500 0.18% 1.04% $ $ $ 259 1,502 143,720 Source.- Jefferson County Assessors and Treasurers Office *Preliminary, subject to change 6 Jefferson County, Washington Estimated Debt Service Requirements (For Year Ending December 31) Outstandin~ Debt Service Limited Tax G.O. Bonds (1) Total Year Principal Interest Debt Service 2007 $ 465,000 $ 189,790 $ 654,790 2008 485,000 174,620 659,620 2009 500,000 157,485 657,485 2010 520,000 139,195 659,195 2011 415,000 119,380 534,380 2012 425,000 109,160 534,160 2013 300,000 86,115 386,115 2014 315,000 73,965 388,965 2015 325,000 60,893 385,893 2016 340,000 47,080 387,080 2017 355,000 32,120 387,120 2018 375,000 16,500 391,500 2019 2020 2021 2022 2023 2024 2025 2026 This Bond Issue Limited Tax G.O. Bonds * Principal * Interest * Total * $ 125,000 $ 57,958 $ 182,958 90,000 94,744 184,744 95,000 91,414 186,414 95,000 87,890 182,890 100,000 84,356 184,356 105,000 80,626 185,626 1 10,000 76,699 186,699 110,000 72,552 182,552 115,000 68,383 183,383 120,000 63,990 183,990 125,000 59,370 184,370 130,000 54,520 184,520 135,000 49,437 184,437 140,000 44,131 184,131 145,000 38,601 183,601 150,000 32,845 182,845 155,000 26,800 181,800 165,000 20,553 185,553 170,000 13,904 183,904 175,000 7,053 182,053 $ 2,555,000 $ ],125,819 $ 3,680,819 Total $ 4,820,000 $ 1,206,303 $ 6,026,303 (1) Includes the County's outstanding 1998 LTGO Refunding Bonds in the principal amount 01$1,215,000 and the 2003 LTGO Bonds in the principal amount 01$3,605,000. Property Tax Levy Limitations Total Combined Debt Service $ 837,748 844,364 843,899 842,085 7]8,736 719,786 572,814 571,517 569,275 57] ,070 57],490 576,020 184,437 184,131 183,60] 182,845 181,800 185,553 183,904 182,053 $ 9,707,12] The Bonds are secured, in part, by money received by the County from its regular property tax levy. There is no authority for the County to levy taxes in excess of the regular property tax levy to pay the principal of and interest on the Bonds. Non- voted regular property tax levies are subject to four limitations more specifically described below. Regular property tax levy receipts may be used for the payment of the principal of and interest on non-voted general obligations for any lawful County purpose. Under existing laws and circumstance, none of the property tax limitations presently affect the ability of the County to levy regular property taxes at rates sufficient to pay the debt service on its outstanding obligations. Information relating to regular property tax limitations is based on currently existing statutes, constitutional provisions and circumstances. Changes in the same could alter adversely the impact of other interrelated tax limitations on the County. Countv Maximum Rate Limitations. In the State of Washington, a county may levy taxes at a maximum rate of $1.80 per $1,000 of assessed value against all the real and personal property in the county subject to taxation for general county purposes, including the payment of principal of and interest on bonds issued by the county without a vote of the people, such as the Bonds. This rate, however, can be increased to a rate not to exceed $2.475 per $1,000 of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed $4.050 per $1,000 of assessed value and no other taxing district has its levy reduced as a result of the increased county levy. The County's 2007 combined regular property tax levy is $2.7669 per $1,000 of assessed value. The 101% Limitation. Chapter 84.55 RCW places a limitation on the amount of tax levies by individual taxing districts, including the County, defmed by a statutorily defined "limit factor". All municipal "regular property tax" levies are subject *Preliminary, subject to change 7 to this limitation. The law limits a municipality's regular tax levy to an amount equal to the highest property tax levy of the three most recent years multiplied by a "limit factor" plus a full value djustment for new construction. Substantively, this means that the regular property tax levy of a County must be Set so that e property taxes payable in a given year (excluding new construction, improvements and State-assessed property) will not e ceed the amount levied by the County in the highest of the three most recent years multiplied by the limit factor. Revenue generated by the regular property tax levy on new construction is not affected by the levy limit. i The limit factor for the County is defmed to be the lesser of 101% or 1~0% plus the previous year's inflation rate, but if the inflation rate is less than 1 %, the County Commissioners could increase e limit factor to 101 % upon a finding of substantial need. The limit factor may also be increased, regardless of inflati n, if such increase is authorized by the County Commissioners upon a finding of substantial need and is also approved by the voters at a general or special election within the County. Such election must be held less than twelve months before e date on which the proposed levy will be made and any tax increase cannot be greater than described under the heading " ounty Maximum Rate Limitations." A majority of those voting would be required for approval. The new limit factor will effective for taxes collected in the following year only. (See "INITIATIVES" herein.) I The One Percent Agf!regate Ref!Ular Levv Limitation. Article VII, Sectibn 2 of the Washington Constitution limits aggregate regular property tax levies by the State of Washington and all taxing disfcts, except port districts and public utility districts, to one percent (1.00%) of the true and fair value of property. RCW 4.52.050 provides the same limitation by statute. W"hington law .1'0 permits the creation of allport di,tricts, which, if created, could levy laxe, .1 the mle of $,75/$1,000 with approval of their electors. The $.75/$1,000, if levied, would als count against the One Percent Limitation, but not against the $5.90/$1,000 Limitation. I I $5.90/$1.000 Af!f!regate Non-Voted Levv Limitation. RCW $4.52.043d) imposes an aggregate limitation on non-voted tax levies by all taxing districts, except the State, ports and public utility I districts, of $5.90/$1,000 of assessed value. RCW 84.52.010 provides, in general, that if aggregate levies certified by all rXing districts exceed the aggregate levy limitation, levies certified by junior taxing districts are reduced or eliminated in or er to bring the aggregate levy into compliance with statutory maximums. TAX VALUATION AND CO~ECTIONS Assessed Valuation Determination I In the State, the County Assessor ("Assessor") determines the value of II real and personal property throughout the County, which is subject to ad valorem taxation with the exception of cert . n public service properties for which values are determined. by the State Department of Revenue. The Assessor is an elected official whose duties and methods of determining value are prescribed and controlled by statute and by detail d regulations promulgated by the State Department of Revenue. For tax purposes the assessed value of property is 10 % of its actual value. All property is subject to revaluation every four years. The revaluation occurs in cycles, and the i tention is that one-fourth of the property be revalued every year. The property is listed by the Assessor on a roll at its current assessed value and the roll is filed in the Assessor's office. The Assessor's determinations are subject to revisions by the Co nty Board of Equalization and, for certain property, subject to further revisions by the State Board of Equalization, After all dministrative procedures are completed, the County Commissioners receive the Assessor's fmal certificates ofass~ssed value I of property within the County. Jefferson Comity, Washi~gton Assessed Value HistOl (1) Collection Year Assessed Value 2007 $3,892,893,177 2006 3,617,709,202 2005 3,137,724,380 2004 2,940,009,880 2003 2,724,796,840 (1) Regular values Source: Jefferson County Assessor's Office 8 Tax Collection Procedure Property taxes are levied in specific amounts, and the rates for all taxes levied for all taxing districts in the County are determined, calculated and fixed by the Assessor based upon the assessed valuation of the property within the various taxing districts. The Assessor extends the taxes to be levied within each taxing district upon a tax roll, which contains the total amount of taxes to be so levied and collected. The tax roll is delivered to the Treasurer by January 15 of each year, and an abstract of the tax roll, showing the total amount of taxes collectible in each of the taxing districts for the year, is delivered to the County Auditor ("Auditor") at the same time. The Auditor issues to the Treasurer his/her warrant authorizing the collection of taxes listed on the Assessor's certified tax roll. The Treasurer creates a tax account for each taxpayer and is responsible for the collection of taxes due to each account. All such taxes are due and payable on the 30th of April of each year, but if the amount due from a taxpayer exceeds fifty dollars, one-half may be paid then and the balance no later than October 31, of each year. The entire tax or fIrst half must be paid on or before April 30, or else the total amount becomes delinquent on May 1. The second half of the tax is payable on or before October 31, becoming delinquent November 1. The method of giving notice of payment of taxes due, the Treasurer's accounting for the money collected, the division of the taxes among the various taxing districts, notices of delinquency, and collection procedures are all covered by detailed statutes. Subject to U.S. Internal Revenue Service liens on personal property filed prior to the levy of taxes by the County and possibly the "Homestead Exemption," the lien for property taxes is prior to all other liens or encumbrances of any kind on real or personal property subject to taxation. By law the Treasurer may commence foreclosure of a tax lien on real property after three (3) years have passed since the fIrst delinquency. Washington State courts have not made a determination whether or not the homestead law (chapter 6.13 RCW) gives the occupying homeowner a right to retain the fIrst $40,000 proceeds of forced sale of a family residence for delinquent general property taxes. In Algona vs. Sharp, 30 Wn. App. 837,638 P. 2d 627 (1982), the State Court of Appeals held the homestead right superior to liens for local improvement district asSessments but was silent regarding liens for property taxes. The U.S. Bankruptcy Court for the Western District of Washington has held that the Homestead Exemption applies to the liens for property taxes, while the State Attorney General has taken the position that it does not. Delinquent taxes are subject to twelve percent per annum interest computed on a monthly basis from the date of delinquency until paid. Interest is calculated at the rate in effect at the time of payment of tax, regardless of when the taxes were first delinquent. Additional penalties are: 1) a three percent penalty on amounts delinquent on May 31 of the year in which the tax is due; and 2) beginning with taxes levied for collection in 1982, an additional eight percent penalty ofthe total amount of tax delinquent on November 30 of the year in which the tax is due. Penalties are not assessed on taxes that were fIrst delinquent prior to 1982. Jefferson County, Washington 2007 Representative Levy Rates (1) State Schools Jefferson County County Roads Conservation Futures Fire Protection District No.3 - Regular Fire Protection District No.3 - EMS School District No. 49 Hospital District No.2 Library District No. 1 Port of Port Townsend Public Utility District No. 1 TOTAL (1) Includes regular and excess levies Source: Jefferson County Assessor's Office 9 $2.35345 1.52245 1.24437 0.04752 1.38881 0.46321 2.65451 0.34282 0.41492 0.20334 0.10498 $10.74039 (1) Data through third quarter 2006 Source: Washington State Department of Revenue I Jefferson County, waShifgton Tax Levy Collection Re ord For the General (C..rrent Exp nse) Fund Collected in the Year of the Levy I Amount Perc nt nla nla $5,603,234 98. 5% 5,235,486 98. 1 % 5,010,038 98. 6% 5,197,946 99. 1% Year 2007 2006 2005 2004 2003 Original Tax Lev $5,926,735 5,680,021 5,314,639 5,088,340 5,233,828 Year 2006 (1) 2005 2004 2003 2002 i Taxable Retail sale, City of Port Townsend $ 49,807,187 180,221,075 161,409,306 152,468,178 139,431,588 Jefferson County $104,095,262 368,922,892 337,651,428 293,689,926 270,874,697 Collection As of February 28. 2007 Amount Percent $ 107,562 1.81% 5,617,069 98.89% 5,285,275 99.45% 5,076,076 99.76% 5,233,828 100.00% Source: Jefferson County Treasurer's Office Name of Owner Port Townsend Paper Puget Sound Energy Port Ludlow Associates Beckett Point Fisherman's Club Broders Family MWSH Port Townsend LLC Safeway Qwest Port Townsend Plaza / Freeland Invest. Sprint-United Telephone TOTAL Jefferson County, Washiftgton Ten Largest Taxpayers 2007 ~ollection Year Asses ed Value (1) $ 8,280,740 f9,031,295 2,390,955 7,602,390 1,192,755 0,127,925 17,761,880 17,097,900 6,243,120 6.119.975 Percent of County A. V. 1.24% 0.75% 0.58% 0.45% 0.29% 0.26% 0.20% 0.18% 0.16% 0.16% Type of Business Paper Mill Utility Resort/Developer Homeowner's Assoc. Family Holdings Apartments Retail Utility Mall / Hotel Utility 4.27% (1) Assessed values for 2007 tax collection year Source: Jefferson County Assessor's Office Collection of Other Taxes , In addition to its regular property tax levy, the County also collects v10us other taxes, including a taxable retail sales tax (also known as a "local sales and use tax"), Criminal Justice Tax, Real Estate Excise Tax, Rural County Tax, Hotel/Motel Tax and an Additional Hotel/Motel Tax, among others. State law limits t e County's ability to use the revenues derived from many of these taxes for general County purposes. 1 Local Sales and Use Tax Distributions. The County imposes a general 1. % sales and use tax as a percent of the selling price for value on any retail sale or use of tangible personal propertY within e County, upon which the State of Washington also 10 imposes a sales and use tax. (A portion of the total sales and use tax collected is a local tax and is returned to the city or county or certain other local jurisdictions where the sales transaction took place.) The County's sales and use tax is collected by the State Department of Revenue (the "Department") under a contract with the County that provides for a deduction by the Department of one percent (not exceeding 2 percent of the tax collected) for the Department's administration costs. The Department of Revenue distributes the County's portion of the retail sales and use tax on a monthly basis. In 2006, the amount of County's distribution was approximately $4,048,690. Criminal Justice Sales Distributions. The Criminal Justice Tax is an additional local sales and use tax of 0.1 percent for funding criminal justice programs. The criminal justice sales tax distribution is based on population. This tax is levied only by the County and is imposed County-wide, but the receipts are shared with the cities. (The adoption of this tax does not require a vote of the people.) Of the revenue collected for criminal justice, 1.0 percent is retained for administration. Of the amount remaining, 10 percent is distributed to the County and 90 percent to cities and counties on a per capita basis based on their official April I populations. The annual distribution for the County in 2006 was approximately $404,850. Real Estate Excise Tax Distributions. Another source of tax revenue for the County is a real estate sale excise tax, which is levied on each sale of real property within the County at the rate of 0.50 percent of the selling price. The Jefferson County Treasurer collects this tax and retains a percentage of the gross proceeds. The remaining proceeds are placed into the County's current expense fund. The annual distribution for the County in 2006 was $2,003,680. Approximately half of the County's Real Estate Excise Tax money is designated for capital improvements. Rural County Tax Distribution. The local option sales and use tax authorized by RCW 82.14.370, is another source of tax revenue for the County. Currently, the tax may be imposed by counties that have a population density of less than 100 persons per square mile, as determined annually by the State's office of financial management. The local option sales and use tax cannot exceed eight one-hundredths of one percent (0.08%). During 2006, the total amount distributed to the County was $163,213. Hotel/Motel Tax Distributions. The "regular" or state-shared hotel/motel tax distrIbutions are for a local option tax of 2 percent on the sales of hotel/motel rooms. The regular hotel/motel tax is not paid in addition to other state and local sales taxes. Instead, it is credited against the State's 6.5 percent retail sales tax (thus shifting the impact to the State's general fund). Cities can levy the regular hotel/motel tax within their corporate limits and counties can levy the tax in unincorporated areas and within cities that do not levy the tax. In 2006, the total amount distributed to the County was approximately $310,410. Additional Hotel/Motel Tax Distribution. Additional (also referred to as "special") hotel/motel taxes were previously authorized by statute for specific cities and counties for specific purposes. Starting in 1997, any city, town or county was eligible to levy an additional hotel/motel tax at a rate of up to 4 percent (unless a higher rate was previously authorized). Up to one-half, or a maximum of 2 percent of this amount can be credited against the state sales tax, as under the existing state- shared hotel/motel tax. These taxes are paid in addition to all other state and local sales taxes. In 2006, the total amount distributed to the County was approximately $307,814. Jefferson County, Washington 2006 Excise Tax Distribution Record Amount Distributed Local Sales and Use Tax Criminal Justice Sales Tax Real Estate Excise Tax Rural County Tax Hotel/Motel Tax Additional Hotel!Motel Tax $4,048,690 404,850 2,003,680 163,213 310,410 307.814 TOTAL $7.238.657 11 Jefferson County, Wash ngton Historical Timber Excise Tax Distnbution Record 2006 2005 2004 2003 2002 Amount r.: istributed $1,23 ,788 91 ,5II 48 ,422 57 ,759 50 ,846 THE COUNTY General I I I Jefferson County operates under the laws of the State applicable to co~ties. As a general purpose government, the County provides public safety, street improvement, parks, health and social servifes, and general administrative services. I I Government Organization The Board of County Commissioners serves as the County'slegislative body. The Commissioners also serve as executives for several County operations and have some quasi judicial duties. Tl ey are responsible for: County facilities, roads and public works programs, public health and human services, building, land and other community development programs for the unincorporated areas, emergency and risk management services, central data processing and property management; indigent defense; and the County park and recreation system. They also must If view and adopt a balanced budget for each calendar year. The County is divided into three commissioner districts on the basis of population and the County Commissioners are elected to four-year terms. I The following are the Commissioners currently serving the County and t[1e expiration dates of their current terms. Commissioner Phil Johnson (Chairman) David W. Sullivan John Austin District No.1 No.2 No.3 Term Exniration December 31, 2008 December 31,2008 December 31,2010 Labor Relations - The County currently employs 284 full-time employees and 130 casual I bor employees. The majority of employees who are eligible under State laws to be represented by a labor organization are employed under provisions of negotiated contracts with two labor organizations. The County enters into written ba gaining agreements with each of the bargaining organizations; agreements contain provisions on such matters as salarie , vacation, medical leave, health and life insurance, working conditions, and grievance procedures. Bare:ainine: Unit Teamsters Union Local 760: - Sheriffs - Officers - Public Works - JeffCo Com & Sheriff Admin - Corrections 1 Animal Service & Security - Central Services United Food and Commercial Works Non Union: Appointed Elected Management Numberlof Erqplovees C~ 3 I 16 1 56 16 17 10 233 Expiration Date of Contract December 31, 2008 December 31,2008 December 31,2008 December 31, 2006 December 31, 2007 December 31,2006 December 31, 2007 I II 39 12 The County strives to be fair with all employees, consistent with all applicable State laws, to ensure equity, and promote labor relation policies mutually beneficial to management and employees. County officials consider all current labor relations to be satisfactory. Pension System Substantially all County full-time and qualifying part-time employees participate in one of the following statewide local government retirement systems administered by the Department of Retirement Systems, under cost-sharing multiple- employer public employee defined benefit and defined contribution retirement plans. Employees are covered by either the Public Employees Retirement System (PERS I and PERS II) or the Law Enforcement Officers and Firefighters System (LEOFF I and LEOFF II). The last actuarial value of assets in the State's administered retirement systems was done for the year ended September 30, 2004, which showed accrued liability of PERS Plan I exceeded the net actuarial value of assets available for benefits by $2,254,000,000. In response to the current under funding, the Washington State legislature adopted a bill that, beginning on July 1, 2006, will phase in over a three-year period additional employer contribution rates dedicated to decreasing the unfunded liability in PERS Plan I. Employer contribution rates will increase from 3.69% (including a 0.18% administration fee) effective July 1, 2006 to approximately 8.20% effective July 1, 2008. The State legislature also passed a bill that, beginning on July 1, 2009, establishes an additional minimum 2.68% employer contribution rate to be used for the sole purpose of amortizing the unfunded actuarial accrued liability in PERS Plan I. Historical trend and other information regarding each plan are presented in the State Department of Retirement Systems annual financial report. A copy ofthis report may be obtained at the Department of Retirement Systems, Capital Plaza Building, 1025 E. Union Street, PO Box 48380, Olympia, W A 98504-8380. Insurance Jefferson County is a member of the Washington Counties Risk Pool (the "Pool"). Chapter 48.62 RCW authorizes the governing body of anyone or more governmental entities to form together into or join a pool or organization for the joint purchasing of insurance, and/or joint self-insuring, and/or joint hiring or contracting for risk management services to the same extent that they may individually purchase insurance, self-insure, or hire or contract for risk management services. An agreement to form a pooling arrangement was made pursuant to the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act. The Risk Pool was formed on August 18, 1988 when counties in the State of Washington joined together by signing an interlocal agreement to pool their self-insured losses and jointly purchase insurance and administrative services. Twenty-five counties make up the Risk Pool. The Pool allows members to establish a plan of self-insurance, jointly purchase excess or reinsurance and provide related services. All Risk Pool joint self-insurance liability coverages, including public officials' errors and omissions, are on an "occurrence" basis. The Pool also provides special events/concessionaires optional group purchased insurance coverages for its members. Members make an annual contribution to fund the Risk Pool. The Pool acquires reinsurance from unrelated underwriters that are subject to a pool per-occurrence self-insured retention of $100,000. Members may elect deductible amounts ranging from $10,000 per occurrence to $250,000. Members are responsible for the fIrst deductible amounts of each claim, while the pool is responsible for the remaining difference up to the Pool's $100,000 self-insured retention. Reinsurance carriers cover all losses over $100,000 to the maximum limits of each policy. Members contract to remain in the Pool for a minimum of five years, and must give notice one year before terminating participation. The Interlocal agreement is renewed automatically each year until terminated. Even after termination, a member is still responsible for contributions to the Pool for any unresolved, unreported, and in-process claims for the period that it was a signatory to the Interlocal agreement. Financial Information Basis of Accounting. The accounting and reporting policies of the County conform to the Budgeting. Accounting and Reporting System (BARS) as prescribed by the State Auditor. The County Auditor maintains the accounting system for the 13 i I I I County. The accounts of the County are organized by fund and aCCft group, each of which is considered a separate accounting entity. Each fund has a separate set of self-balancing acco ts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Tl)e County' resources are allocated to, and accounted for. in, individual funds according to the purposes for which they are spen and the means by which spending activities are controlled. ! The Budget Process. The fmal budget for each calendar year is to be a!opted before the end of the previous year. Prior to October of each year, the compiled budgets for each departqlent are pr sented to the Commissioners for review. With the assistance of the Treasurer and Auditor, the compiled budget$ are analy ed and developed into the expenditure program for the ensuing year. The budget includes all funds, revenues and reserves; s divided into programs and objects of expense; and includes all supporting data deemed advisable by the Commissioners or ~equired by resolution. The expenditures included in the budget for the ensuing year may not exceed the estimated revenue~ The Commissioners hold public hearings prior to budget adoption. I The County Treasurer receives all money on behalf of the County. direction from the County Finance Committee. e Treasurer also invests the County's funds, with Auditing of County Finances. The State Auditor is required tQ examine e affairs of counties at least once every three years. The examination must include, among other things, the finamcial condi 'ons and resources of the county, whether the laws and constitution of the state are being complied with, and the methods an accuracy of the accounts and reports of the county. Reports of the auditor's examinations are required to be filed in the offic of the State Auditor and in the auditing department of the county. The most recent audit of the County covers the period January 1, 2005 through December 31, 2005. No significant discrepancies or irregularities were found. Authorized Investments Chapter 39.59 RCW limits the investment of public funds to the follo 'ng authorized investments: bonds of the State and any local government in the State, which bonds are rated at the time of' estrnent in one of the three highest credit ratings by a nationally recognized rating agency; general obligation bonds of 0 r states and subdivisions thereof so long as those bonds are rated in one of the three highest categories of a nationally rec gnized rating agency; registered warrants of a local government within the same county as the entity making the investment and any investment authorized by law for the State Treasurer or any local government exclusive of certificates of deposit f banks or bank branches not located in the State. Under chapter 43.84 RCW, the State Treasurer may invest in non-neg 'able certificates of deposit in designated qualified public depositories; in obligations of the U.S. government, its agen ies and wholly owned corporations; in bankers' acceptances; in commercial paper; in repurchase agreements; in the bligations of the federal home loan bank, federal national mortgage association and other government corporations subje to statutory provisions. Utility revenue bonds and warrants of any city and bonds or warrants of a local improvement distri are also eligible investments (RCW 35.39.030). Any municipal corporation, including the County, may aulhorize th~ investment of funds not required for immediate expenditure by the County Treasurer. Such funds of the County, incl ing debt service funds, have been invested by the County Treasurer. The County Treasurer may, upon the request of one or more units of local government that invest their money with the county, combine those moneys for the purposes of inve tment. The office of the County Treasurer receives up to five percent of the earnings on such investments, subje!:t to a ma imum of $50 on each transaction, as its investment service fee. The County Treasurer may reimburse its office for any ex ses incurred in the establishment and maintenance of such a county investment pool. Local Government Investment Pool The State Treasurer's Office administers the Washington Stiate Local overnment Investment Pool (the "LGIP"), a $2.2 billion dollar fund that invests money on behalf of more than 350 cities counties, towns and special taxing districts. In its management of LGIP, the State Treasurer is required to adhere, at all 'mes, to the principles appropriate for the prudent investment of public funds. These are, in priority order, (i) th: safety of principal; (ii) the assurance of sufficient liquidity to meet cash flow demands; and (iii) to attain the highest possible yi Id within the constraints of the fIrst two goals. Historically, the LGIP has had sufficient liquidity to meet aU cash flow demands. The LGIP, authorized by chapter 43.250 RCW, is a voluntary pool, which provides its participants the opporttmi to benefit from the economies of scale inherent in pooling. 14 It is also intended to offer participants increased safety of principal and the ability to achieve a higher investment yield than would otherwise be available to them. The pool is restricted to investments with maturities of one year or less, and the average life typically is less than 90 days. Investments permitted under the pool's guidelines include U.S. government and agency securities, bankers' acceptances, high quality commercial paper, repurchase and reverse repurchase agreements, motor vehicle fund warrants, and certificates of deposit issued by qualified Washington State depositories. Authorized Investments for Bond Proceeds In addition to the eligible investments discussed above, Bond proceeds may also be invested in mutual funds with portfolios consisting of U.S. government and guaranteed agency securities with average maturities of less than four years; municipal securities rated in one of the four highest categories; and money market funds consisting of the same, so long as municipal securities held in the fund(s) are in one of the two highest rating categories of a nationally recognized rating agency. Bond proceeds may also be invested in shares of money market funds with portfolios of securities otherwise authorized by law for investment by local governments (RCW 39.59.030). 15 i i I Jefferson lunty, Washington Fund Resources and Uses Arising from Cash Transactions For the General (CurrentExpense) nd (For the Fiscal Year End December 31) I I Unaudite4 200 Budgeted 2007 Audited 2005 Audited 2004 Audited 2003 Revenues Taxes $ 9,730,400 $ 9,584,10 $ 9,10],990 $ 8,458,806 $ 7,746,669 Licenses and Permits 18,140 27,32 19,214 17,8] 4 21,916 Intergovernmenta] 1,50],598 I ,680,01 ] ,695,087 1,276,465 1,140,775 Charges for Services 925,803 875,75 898,210 942,358 979,295 Fines and Forfeits 461,700 471,79 466,743 448,289 509,664 Miscellaneous Revenues 811,375 1,007,16 (I) 622,593 285,067 ]85,837 Other Financing Sources 200,000 254,64 637,492 360,603 ]89,772 Total Revenues $ 13,649,016 $ 13,900,78 $ 13,441,329 $ 11,789,402 $ ]0,773,928 I Expenditures i I General Government $ 6,072,777 $ 5,703,52$ $ 5,681,493 $ 5,]82,456 $ 5,]07,667 Security of Persons & Property 4,979,039 4,909,72~ 4,594,931 3,941,697 3,79] ,453 Physical Environment 8,485 6,92 6,855 6,808 6,630 Transportation - - - - Economic Environment I 77 ,290 156,.of ]53,934 10,643 ] 0,278 Menta] & Physic a] Health 23,152 32,81. 22,90 I ] 9, 182 25,674 Culture & Recreation - ~ - - - I Debt Service - 191,40t - - - Capita] Outlay 113,726 - 112,783 69,462 Other Financing Uses 2,274,547 2,336,95 2,359,275 2,153,811 3,026,377 Total Expenditures $ 13,649,016 $ 13,338,24 $ 12,819,389 $ 11,427,380 $ 12,037,541 Excess of Revenues Over (Under) Expenses $ - $ 562,54 $ 621,940 $ 362,022 $ (1,263,613) Non-revenues $ - $ 1,51 $ 19,565 $ 18,929 $ 39,048 Non-expenditures - (5] 1,147 - - - Total Other Financing Sources (Uses) $ - $ (509,636 $ 19,565 $ 18,929 $ 39,048 i Excess of Revenues & Other Sources $ - $ 52,9~ $ 64] ,505 $ 380,951 $ (1,224,565) Over (Under) Expenditures & Other I Uses 2,406,651 Beginning Fund Balance, Jan. I $ 2,459,56] $ $ 1,765,150 $ 1,384,]99 $ 2,608,764 Other Changes to Fund Balance - 2,459,56t - - - Ending Fund Balance, Dec. 31 $ 2,459,561 $ $ 2,406,655 $ 1,765,]50 $ ] ,384,] 99 I (I) I."""" ;. M;,,,lIa",o~ R~""as d" primarily la Mgh" ial'"'' "lUas. Source: Washington State Audit Reports and Jeffirson County 16 Jefferson County, Washington Combined Balance Sheet For the General (Current Expense) Fund (For the Fiscal Year End December 31) Unaudited Audited Audited Audited 2006 2005 2004 2003 Current Assets Cash and Cash Equivalents $ 3,248,606 $ 3,108,285 $ 2,342,143 $ 2,082,675 Investments Petty Cash 6,145 6,145 6,145 6,145 Advance Travel 10,000 10,000 10,000 10,000 Receivables, net of allowance for uncollectibles: Taxes Receivable 130,033 138,132 147,853 371,086 Accounts Receivable Special Assessments Receivable 4,145 4,170 4,209 Accrued Interest Receivable Due from Other Funds Due From Other Governments 60,000 71,125 82,250 104,500 Prepayments Interfund Loan Receivable 500,000 Total Assets $ 3,954,784 $ 3,337,832 $ 2,592,561 $ 2,578,615 Liabilities Salaries, Taxes and Benefits Payable $ 582,839 $ 514,793 $ 375,157 $ 492,357 Warrants Payable 206,204 205,070 217,950 135,402 Retainage Payable Accounts Payable Due to Other funds 980 86,730 Due to other governments Custodial Accounts Deferred Revenue 130,033 142,277 152,023 375,295 Total Liabilities $ 919,076 $ 863,120 $ 745,130 $ 1,089,784 Fund Equity and Other Credits Fund Balance Reserved for Petty Cash $ 16,145 $ 16,145 $ 16,145 $ 16,015 Special Revenue Funds Balance 3,019,563 2,458,527 1,831,256 1,472,686 Total Equity and Other Credits $ 3,035,708 $ 2,474,672 $ 1,847,401 $ 1,488,701 Total Liabilities, Equity and Other Credits $ 3,954,784 $ 3,337,792 $ 2,592,531 $ 2,578,485 Source: Jefferson County, Washington 17 I I I ~offenon lnnty, W,"'ngtnn Fnnd Reonn..... .nd U... "'.n. '<om Cuh Tnn.."""" For th Road Fund (For the Fiscal ear End December 31) Budgeted Unaudite Audited Audited Audited 2007 200 2005 2004 2003 Revenues Taxes $ 3,042,500 $ 3,068,49 $ 2,970,838 $ 2,733,929 $ 2,608,144 Licenses and Permits 8,750 4,96j 3,928 28,449 9,084 Intergovernmental 4,272,102 (I) 2,902,15 3,547,524 3,531,677 3,174,]64 Charges for Services 5,500 lJ,13 , 31,173 3,985 ]5,430 Fines and Forfeits Miscellaneous Revenues 5,000 28,5] 6,645 1,248 5,207 Other Financing Sources ]62,606 169,10 913,523 257,368 189,154 Total Revenues $ 7,496,458 $ 6,184,37 $ 7,473,631 $ 6,556,656 $ 6,001,183 Expenditures ! General Government $ 153,750 (2) $ 30,60. $ 30,492 $ $ 64,201 Security of Persons and Property I f Physical Environment 5,461,44t Transportation 6,042,606 5,068,597 5,214,602 5,029,101 Economic Environment t Mental & Physical Health Culture & Recreation t Debt Service 42,166 42,10 16,842 44,21 ] 45,263 Capital Outlay 2,186,047 1,747,25 (3) 912,482 1,098,345 304,659 Other Financing Uses ]2,000 20,451 47,698 81,7] 7 138,626 Total Expenditures $ 8,436,569 $ 7,301,84 $ 6,076, III $ 6,438,875 $ 5,581,850 I Excess of Revenues I Over (Under) Expenses $ (940,]11) $(1,] 17,471~ $ 1,397,520 $ 117,781 $ 419,333 Non-revenues $ d $ 1,322 $ (64,793) $ 71,34] Non-expenditures Total Other Financing Sources (Uses) $ $ ],322 $ (64,793) $ 7],34] I Excess of Revenues & Other Sources I Over (Under) Expenditures & Other 1 Uses $ (940,111) $ (1,117,471?_ $ 1,398,842 $ 52,988 $ 490,674 Beginning Fund Balance, Jan. I $ 3,019,749 $ 4,137,2]( $ 2,713,58] $ 2,660,593 $ 2,169,919 Other Changes to Fund Balance I. 24,793 Ending Fund Balance, Dec. 31 $ 2,079,638 $ 3,019,74< $ 4,137,2]6 $ 2,713,58] $ 2,660,593 (I) Increase in Intergovernmental Revenues due to grants for disaster recove ry and federal transportation projects. (2) Increase in General Government Expenditures due to an increase in proj cted operating supplies for disaster recovery. (3) Increase in Capital Outlay due to established construction projects for 2l 07. I Source: Washington State Audit Reports and Jefferson County 18 ....' Assets Cash and Cash Equivalents Investments Petty Cash Advance Travel Receivables, net of allowance for uncollectibles: Taxes Receivable Accounts Receivable Special Assessments Receivable Accrued Interest Receivable Due from Other Funds Due From Other Govemments Prepayments Interfund Loan Receivable Total Assets Liabilities Salaries, Taxes and Benefits Payable Warrants Payable Retainage Payable Accounts Payable Due to Other funds Due to other governments Custodial Accounts Deferred Revenue Total Liabilities Fund Equity and Other Credits Fund Balance Reserved for Petty Cash Special Revenue Funds Balance Total Equity and Other Credits Total Liabilities, Equity and Other Credits Source: Jefferson County, Washington Jefferson County, Washington Comparative Balance Sheet For the Road Fund (For the Fiscal Year End December 31) Unaudited Audited Audited Audited 2006 2005 2004 2003 $3,583,794 $4,328,595 $3,438,371 $2,951,487 34,118 16,571 20,787 500 500 500 500 65,591 88,735 76,118 91,782 ]2,523 85,343 50,000 $3,684,003 $4,446,924 $3,514,989 $3,] 99,899 $ 200,433 $ 186,321 $ 149,103 $ 209,470 210,566 34,647 552,580 139,115 187,663 23,600 368,421 394,737 421,052 447,368 65,591 88,735 76,118 91,782 $1,032,674 $ 704,440 $1,222,453 $ 887,735 $ 500 $ 500 $ 500 $ 500 2,650,829 3,741,984 2,292,036 2,311 ,664 $2,651,329 $3,742,484 $2,292,536 $2,312,164 $3,684,003 $4,446,924 $3,514,989 $3,199,899 19 i I I ECONOMIC AND DEMOGRAPill4 INFORMATION General 1 I The County was established in 1852 as one of the fIrst counties organ~ed by the Washington Territorial Legislature. The County is located in the northwest corner of the State and is bordered b the Pacific Ocean on the west, the Puget Sound on the east and the Straight of Juan de Fuca, the major waterway which se es as a national boundary between the United States and Canada, to the north. The County covers approximately 1,805 sq e miles with over fifty percent of the area occupied by the Olympic National Park. I I The County Seat is located in the City of Port Townsend (the f. 'City"), *the Strait of Juan de Fuca on State Highway 20, off of U.S. Highway 101 on the Olympic Peninsula, approximately a 75- ute drive and ferry ride from Seattle. The City of Port Townsend is the only incorporated community in the County. Th historical population of the City and the County is shown below: i 1 i ... Historical Populatio Year 2007 2006 2005 2004 2003 City of Port Townsend 8,925 8,820 8,745 8,535 8,430 Jefferson County 28,500 28,200 27,600 27,000 26,700 Source: Washington State Office of Financial Management (Forecastin~ Division) I Jefferson County, wash+gton Major Employers I Product ~r Service Craft Pa r Governm t Education Healthcar Education Grocery Sore Governm t Gove~t Correctio~s Facility . Resort I Grocery st' ore Resort Convalesc nt Home I Source: Economic Development Council of Jefferson County and Individtal Employers Emplover Port Townsend Paper Jefferson County Chimacum School District Jefferson General Hospital Port T.ownsend School District Safeway US Navy Indian Island City of Port Townsend Olympic Correction Center Port Ludlow Associates Quality Food Centers Kalaloch Ocean Lodge Kah Tai Care Center No. of Full-Time Emplovees 312 273 243 217 173 135 132 114 101 75 75 70 59 20 Jefferson County, Washington Building Permit Activity New Residential Construction Year 2006 2Q05 2004 2003 2002 Value $49,139,214 53,189,877 51,260,984 31,511,327 28,357,104 Number of Permits 220 256 250 184 176 Source: Jeffirson County Community Development -Building Permits 2004 2003 2002 2001 2000 Comparative Per Capita Personal Income Jefferson County $32,722 30,902 30,536 30,195 28,418 Washinf!ton State MetropOlitan Non-Metro $36,415 $25,459 34,094 24,404 33,783 23,901 33,504 23,797 33,071 22,787 MetrOpOlitan $34,668 33,047 32,414 32,196 31,486 Source: United States Bureau of Economic Analysis State of Washington Civilian Labor Force Total Employed Total Unemployed % Unemployed Jefferson County Civilian Labor Force Total Employed Total Unemployed % Unemployed Washington State and Jefferson County Resident Civilian Labor Force and Employment Data (Annual Averages) 2007 (1) 2006 3,335,700 3,140,300 195,300 5.9% 3,339,700 3,174,500 165,200 4.9% 13,680 12,860 810 5.9% 13,570 12,930 690 4.7% (1) Through January 2007 Source: Washington State Department of Employment Security 2005 2004 3,292,200 3,109,900 182,300 5.5% 3,224,000 3,022,300 201,700 6.3% 13,670 12,950 720 5.3% 13,490 12,690 800 5.9% 21 Nation Non-Metro $25,104 23,853 23,024 22,762 22,013 2003 3,159,300 2,925,300 234,000 7.4% 12,940 12,010 930 7.2% I- i I i I Non-Agricultural Wage and sa~ary Workers Employed in Jefferson ~ounty I , 1 I I I (1) Through January 2007 I Sou,,,,, Wa,hing/ou State Depamnent af Employment SecW'ity t UNDERWRITING AND EGAL Underwriting Agreement , i Total Nonagricultural Wage & Salary Workers Natural Resources, Mining & Construction Manufacturing Trade, Transportation & Utilities Information & Financial Activities Government 2007 (1) 9,440 800 770 1,420 570 2,100 2006 9,600 830 750 1,440 550 2,120 2005 9,450 820 720 1,430 500 2,120 2004 9,290 770 780 1,390 500 2,130 2003 8,960 730 740 1,310 600 2,080 The Bonds are being purchased by Martin Nelson & Co., Inc.; acting as e Underwriter. The purchase contract provides that the Underwriter will purchase all of the Bonds, if any are purehased, at price of % of the par value of the Bonds, plus accrued interest. The Bonds will be reoffered at an average pri e of % of the par value of the Bonds, resulting in an underwriting spread of %. After the initial public offering, the public offering prices may be varied from time to time. Description of Ratings j Standard & Poor's Ratings Services has assigned the Bonds a rating of' " with the understanding that upon delivery of the Bonds a policy insuring the payment when due of the princi 1 of and interest on the Bonds will be issued by . The County has also received an under! 'ng rating of "_" from Standard & Poor's. The ratings reflect only the view of the rating agency and an explanation of e significance of the ratings may be obtained from the rating agency. There is no assurance that the ratings will be retaine for any given period of time or that the ratings will not be revised downward or withdrawn entirely by the rating agency if,' its judgment, circumstances so warrant. Any such downward revision or withdrawal of the ratings will be likely to have an dverse effect on the market price of the Bonds. Absence of Material Litigation I There is no litigation pending questioning the validity of the Bonds, orl the power and authority of the County to issue the Bonds. I 1 i Legal Opinion Legal matters incident to the authorization, issuance and sale of the Bo ds by the County are subject to the approving legal opinion of Foster Pepper PLLC, Seattle, Washington, Bond Counsel. form of the opinion of Bond Counsel with respect to the Bonds is attached as Appendix A. The opinion of Bond Counsel is 'ven based on factual representations made to Bond Counsel, and under existing law, as of the date of initial delivery of the Bo ds, and Bond Counsel assumes no obligation to revise or supplement its opinion to reflect any facts or circumstances that may th eafter come to its attention, or any changes in law that may thereafter occur. The opinion of Bond Counsel is an expression its professional judgment on the matters expressly addressed in its opinion and does not constitute a guarantee of result. Bon Counsel will be compensated only upon the issuance and sale of the Bonds. I Conflicts of Interest ~ Some of or all of the fees of the Underwriter and Bond COliUlSel are c ntingent upon the issuance and sale of the Bonds. None of the Board Members or other officials of the County have interes s in the issuance of the Bonds that are prohibited by applicable law. I I I 22 Tax Exemption Exclusion From Gross Income. In the opinion of Bond Counsel, under existing federal law and assuming compliance with applicable requirements of the Code that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. Continuing ReQuirements. The County is required to comply with certain requirements of the Code after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including, without limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proceeds, limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances, and the requirement to comply with the arbitrage rebate requirement to the extent applicable to the Bonds. The County has covenanted in the Bond Resolution to comply with those requirements, but if the County fails to comply with those requirements, interest on the Bonds could become taxable retroactive to the date of issuance of the Bonds. Bond Counsel has not undertaken and does not undertake to monitor the County's compliance with such requirements. Corporate Alternative Minimum Tax. While interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, under Section 55 of the Code, tax-exempt interest, including interest on the Bonds, received by corporations is taken into account in the computation of adjusted current earnings for purposes of the altemative minimum tax applicable to corporations (as defined for federal income tax purposes). Under the Code, altemative minimum taxable income of a corporation will be increased by 75% of the excess of the corporation's adjusted current earnings (including any tax-exempt interest) over the corporation's altemative minimum taxable income determined without regard to such increase. A corporation's altemative minimum taxable income, so computed, that is in excess of an exemption of $40,000, which exemption will be reduced (but not below zero) by 25% of the amount by which the corporation's alternative minimum taxable income exceeds $150,000, is then subject to a 20% minimum tax. A small business corporation is exempt from the corporate alternative minimum tax for any taxable year beginning after December 31, 1997, if its average annual gross receipts during the three-taxable-year period beginning after December 31, 1993, did not exceed $5,000,000, and its average annual gross receipts during each successive three-taxable-year period thereafter ending before the relevant taxable year did not exceed $7,500,000. Tax on Certain Passive Investment Income of S Corporations. Under Section 1375 of the Code, certain excess net passive investment income, including interest on the Bonds, received by an S corporation (a corporation treated as a partnership for most federal tax purposes) that has Subchapter C earnings and profits at the close of the taxable year may be subject to federal income taxation at the highest rate applicable to corporations if more than 25% of the gross receipts of such S corporation is passive investment income. Foreign Branch Profits Tax. Interest on the Bonds may be subject to the foreign branch profits tax imposed by Section 884 of the Code when the Bonds are owned by, and effectively connected with a trade or business of, a United States branch of a foreign corporation. Possible Consequences of Tax Compliance Audit. The Internal Revenue Service (the "IRS") has established a general audit program to determine whether issuers of tax-exempt obligations, such as the Bonds, are in compliance with requirements of the Code that must be satisfied in order for interest on those obligations to be, and continue to be, excluded from gross income for federal income tax purposes. Bond Counsel cannot predict whether the IRS would commence an audit of the Bonds. Depending on all the facts and circumstances and the type of audit involved, it is possible that commencement of an audit of the Bonds could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of its ultimate outcome. Certain Other Federal Tax Consequences Bonds "Qualified Tax-Exemvt Obligations" for Financial Institutions. Section 265 of the Code provides that 1 00% of any interest expense incurred by banks and other fmancial institutions for interest allocable to tax-exempt obligations acquired after August 7, 1986, will be disallowed as a tax deduction. However, if the tax-exempt obligations are obligations other than private activity bonds, are issued by a governmental unit that, together with all entities subordinate to it, does not reasonably anticipate issuing more than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) in the current calendar year, and are designated by the governmental unit as "qualified tax-exempt obligations," only 20% of any interest expense deduction allocable to those obligations will be disallowed. 23 i 1 I I The County is a governmental unit that, together with all subordinate entiti~, reasonably anticipates issuing less than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obli ations not required to be included in such calculation) during the current calendar year, and has designated the Bonds as "quali ed tax-exempt obligations" for purposes of the 80% financial institution interest expense deduction. Therefore, only 20% of e interest expense deduction of a fmancial institution allocable to the Bonds will be disallowed for federal income tax purposes. I Reduction 0 Loss Reserve Deductions or Pro e and Casual Insuranc Com anies. Under Section 832 of the Code, interest on the Bonds received by property and casualty insurance companies 'll reduce tax deductions for loss reserves otherwise available to such companies by an amount equal to 15% of tax-exempt inte est received during the taxable year. Effect on Certain Social Securitv and Retirement Benefits. Sedtion 86 of e Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take receipts or accruals of interest on the Bonds into account in determining gross income. I i Other Possible Federal Tax ConseQuences. Receipt of interest on the Bon$ may have other federal tax consequences as to which prospective purchasers of the Bonds may wish to consult their own tax advi~ors. I Undertaking to Provide Continuing Disclosure Basic Undertakin to Provide Annual Financial In ormatio and Not ce 0 Material Events. To meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commissio ("SEC") Rule 15c2-12 (the "Rule") as required to qualify for the limited exemption from paragraph (b)(5) of the Rule, s applicable to a participating underwriter for the Bonds, the County will undertake (the "Undertaking") for the benefit tf holders of the Bonds to provide or cause to be provided, either directly or through a designated agent, to any persofI upon request, or annually to a state information depository, ifany, established in the state of Washington (the "SID"), a uaI financial information and operating data of the type included in this Official Statement for the Bonds that is customari y prepared by the County and is otherwise publicly available ("annual financial information"); and to each nationally rec gnized municipal securities information repository designated by the SEC in accordance with the Rule ("NRMSIR") or the Municipal Securities Rulemaking Board ("MSRB"), and to the SID, timely notice of the occurrence of any of the followi g events with respect to the Bonds, if material: (i) principal and interest payment delinquencies; (ii) non-payment relate defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on cre it enhancements reflecting fmandal difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; vi) adverse tax opinions or events affecting the tax- exempt status of the Bonds; (vii) modifications to rights of holders 0 the Bonds; (viii) Bond calls (other than scheduled mandatory redemptions of Term Bonds); (ix) defeasances; (x) release, s bstitution, or sale of property securing repayment of the Bonds; and (xi) rating changes. I i The annual financial information that the County undertakes to provide may be requested from Clerk of the Board of Jefferson County whose current address and telephone number are 1820 Jefferson Street, PO Box 1220, Port Townsend, Washington 98368; telephone number (360) 385-9100. r I Amendment of Undertaking. The Undertaking is subject to amendmentlafter the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municip I securities dealer, participating underwriter, rating agency, NRMSIR, the SID or the MSRB, under the circumstances and in the manner permitted by the Rule. I The County will give notice to each NRMSIR or the MSRB, and th SID, of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for e amendment. If the amendment changes the type of annual financial information to be provided, the annual financial info tion containing the amended financial information will include a narrative explanation ofthe effect of that change on the of information to be provided. Termination ofUndertakinf!. The County's obligations underthe Unde aking will terminate upon the legal defeasance of all of the Bonds. In addition, the County's obligations under the Unde 'ng shall terminate if those provisions of the Rule which require the County to comply with the Undertaking become legall inapplicable in respect of the Bonds for any reason, as confIrmed by an opinion of nationally recognized bond counselor other counsel familiar with federal securities laws delivered to the County, and the County provides timely notice of such termination to each NRMSIR or the MSRB and the SID. 24 Remedv for Failure to Comvlv with Undertaking. If the County or any other obligated person fails to comply with the Undertaking, the County will proceed with due diligence to cause such noncompliance to be corrected as soon as practicable after the County learns of that failure. No failure by the County or other obligated person to comply with the Undertaking will constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond will be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the County or other obligated person to comply with the Undertaking. Centralized Dissemination Agent. To the extent authorized by the SEC, the County may satisfy the Undertaking by transmitting the required filings using http://www.disclosureusa.org (or such other centralized dissemination agent as may be approved by the SEC). Miscellaneous References to certain provisions of the Bond Resolution and other documents and agreements which are included in this Official Statement are intended to be solely summary in nature and do not purport to be comprehensive or defmitive. References should be made to each of such documents in their entirety for further information in connection therewith. A copy of the aforementioned documents are available from the Clerk of the Board of County Commissioners, Jefferson County, 1820 Jefferson Street, PO Box 1220, Port Townsend, Washington 98368, upon request and payment to the County for charges of copying and mailing. This Official Statement is not to be construed as a contract or agreement between the County and Registered Owners of any of the Bonds. Any statements made in this Official Statement or any Appendices hereto involving matters of opinion, whether or not expressly so stated, and any estimates are intended as such and not as representations of fact. All estimates assumptions, statistical information and other statements contained herein, while taken from sources considered reliable, are not guaranteed as to accuracy or completeness by the Underwriter. Preliminary Official Statement Pursuant to Securities and Exchange Commission Rule 15c2-12(b)(I), the County will deem this Preliminary Official Statement "final", except for the omission of information dependent upon the pricing of the issue and the completion of the underwriting agreement, such as offering prices, interest rates, selling compensation, aggregate principal amount, and other terms dependent on the foregoing matters. Official Statement Certificate At the time of delivery of the Bonds, one or more officials of the County will furnish a Certificate stating that to the best of his, her or their knowledge, the Official Statement, as of its date and as of the date of delivery of the Bonds, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained herein, in light of the circumstances under which they were made, not misleading. Jefferson County, Washington has authorized the delivery of this Official Statement. JEFFERSON COUNTY, WASHINGTON By: Chairman, Board of County Commissioners 25 [This Page Intentionally Blank] Appendix A FORM OF LEGAL OPINION [This Page Intentionally L~ft Blank] I I I i I I ~ FOSTER PEPPERmc [FORM OF APPROVING LEGAL OPINION] Jefferson County, Washington Re: Jefferson County, Washington, $2,555,000 Limited Tax General Obligation Bonds, 2007 We have served as bond counsel to Jefferson County, Washington (the "County"), in connection with the issuance of the above referenced bonds (the "Bonds"), and in that capacity have examined such law and such certified proceedings and other documents as we have deemed necessary to render this opinion. As to matters of fact material to this opinion, we have relied upon representations contained in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by independent investigation. The Bonds are issued by the County pursuant to Resolution No. (the "Bond Resolution") for general County purposes to provide the funds to pay for capital improvements for a 911 Dispatch Center and to pay the costs of issuance and sale of the Bonds, all as set forth in the Bond Resolution. For as long as any of the Bonds are outstanding, the County irrevocably has pledged to include in its budget and to levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the County on all of the taxable property within the County in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the County have been pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Reference is made to the Bonds and the Bond Resolution for the definitions of capitalized terms used and not otherwise defined herein. We have not been engaged to review and thus express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales or disclosure material relating to the issuance of the Bonds or otherwise used in connection with the Bonds. Under the Internal Revenue Code of 1986, as amended (the "Code"), the County is required to comply with certain requirements after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including, without limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proceeds, limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances and the arbitrage rebate requirement to the extent applicable to the Bonds. The County has covenanted in the Bond Resolution to comply with those requirements, but if the County fails to comply with those requirements, interest on the Bonds could become taxable retroactive to PHONE: 206.447.4400 FAX: 206.447.9700 1111 THIRD AVENUE, SUITE 3400, SEATTLE, WASHINGTON 98101-3299 WWW.FOSTER.COM SEATTLE WASHINGTON SPOKANE WASHINGTON PORTLAND OREGON 50787222.1 Jefferson County, Washington [Date] Page 2 the date of issuance of the Bonds. We have not undertaken Jd do not undertake to monitor the County's compliance with such requirements. I I i Based upon the foregoing, as of the date of initial del very of the Bonds to the purchaser thereof and full payment therefor, it is our opinion that under iexisting 1 w: 1. The County is a duly organized and legally ex sting municipal corporation under the laws of the State of Washington; 2. The Bonds have been duly authorized and ex cuted by the County and are issued in full compliance with the provisions of the Constitution anti laws of he State of Washington and the Resolutions of the County relating thereto; 3. The Bonds constitute valid and binding gen al obligations of the County payable from annual ad valorem taxes to be levied within the constitutional d statutory tax limitations provided by law without a vote of the electors of the County on all of the taxabl property within the County, except only to the extent that enforcement of payment may be limited by ba kruptcy, insolvency or other laws affecting creditors' rights and by the application of equitable principle and the exercise of judicial discretion in appropriate cases; and I i 4. Assuming compliance by the County after Ithe date of issuance of the Bonds with applicable requirements of the Code, the interest on the Bond~ is excluded from gross income for federal income tax purposes and is not an item of tax preference fo purposes of the alternative minimum tax applicable to individuals; however, while interest on the Bon s also is not an item of tax preference for purposes of the alternative minimum tax applicable to corpo ations, interest on the Bonds received by corporations is to be taken into account in the computation of ~usted current earnings for purposes of the alternative minimum tax applicable to corporatiolls, intere t on the Bonds received by certain S corporations may be subject to tax, and interest on tht Bonds r ceived by foreign corporations with United States branches may be subject to a foreign branch profits tax. We express no opinion regarding any other federal tax consequences of receipt of interest on the Bonds. I This opinion is given as of the date hereof, and we as,ume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may her after come to our attention, or any changes in law that may hereafter occur. We bring to your attention the fact that the foregoing Jpinions are expressions of our professional judgment on the matters expressly addressed and do not constinlte guarantees of result. I Respeqtfully submitted, I i I I I i 50787222.\ .. Appendix B BOOK-ENTRY ONLY SYSTEM .. [This Page Intentionally L~ft Blank] 1 ! i I .. SAMPLE OFFERING DOCUMENT LANGUAGE DESCRIBING BOOK-ENTRY -ONLY ISSUANCE (Prepared by DTC--bracketed material may apply only to certain issues) 1. The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the securities (the "Securities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative ofDTC. One fully-registered Security certificate will be issued for [each issue of] the Securities, [each} in the aggregate principal amount of such issue, and will be deposited with DTC. [If, however, the aggregate principal amount of [any} issue exceeds $500 million, one certificate will be issued with respect to each $500 million of principal amount and an additional certificate will be issued with respect to any remaining principal amount of such issue.] 2. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million issues ofU .S. and non- U.S. equity, corporate and municipal debt issues, and money market instrument from over 100 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.s. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants ofDTC and Members ofthe National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation (NSCC, FICC, and EMCC, also subsidiaries ofDTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.s. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.org. 3. Purchases of Securities under the DTC system must be made by or through Direct Participants, which will receive a credit for the Securities on DTC's records. The ownership interest of each actual purchaser of each Security ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however. expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Securities, except in the event that use of the book-entry system for the Securities is discontinued. 4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative ofDTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities; DTe's records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants . to Indirect Participants, and by Direct Participants and Indirect ParticiJants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory req rements as may be in effect from time to time. [Beneficial Owners of Securities may wish to take certain steps to augm nt transmission to them of notices of significant events with respect to the Securities, such as redemptions, tenders, def; ults, and proposed amendments to the security documents. For example, Beneficial Owners of Securities may wish to certain that the nominee holding the Securities for their benefit has agreed to obtain and transmit notices to Beneficia Owners, in the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and requ st that copies of the notices be provided directly to them.] [6. Redemption notices shall be sent to DTC. IfIess th all of the Securities within an issue are being redeemed, DTC's practice is to determine by lot the amount of the inte st of each Direct Participant in such issue to be redeemed.] 7. Neither DTC nor Cede & Co. (nor such other DTC n minee) will consent or vote with respect to the Securities unless authorized by a Direct Participant in accordance with TC's Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the r ord date. The Omnibus Proxy assigns Cede & CO.'s consenting or voting rights to those Direct Participant~ to whose a counts the Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). 8. Redemption proceeds, distributions, and tiividend pa ments on the Securities will be made to Cede & Co., or such other nominee as may be requested by an authorized rep sentative ofDTe. DTC's practice is to credit Direct Participants' accounts, upon DTC' s receipt of ftmds and correspo ding detail infonnation from Issuer or Agent on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instruction$ and custo ary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and notofDTC[nor its nominee], Agent, or Issuer, subject any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distrib tions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized re(lresentativ ofDTe) is the responsibility ofIssuer or Agent, disbursement of such payments to Direct Participants will be the res nsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. [9. A Beneficial Owner shall give notice to elect to have ts Securities purchased or tendered, through its Participant, to [T ender/Remarketing] Agent, and shall effect delivery of uch Securities by causing the Direct Participant to transfer the Participant's interest in the Securities, on DTC's r cords, to [Tender/Remarketing] Agent. The requirement for physical delivery of Securities in connection with an ptional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transfe ed by Direct Participants on DTC's records and followed by a book-entry credit of tendered Securities to [Tender/Rem keting] Agent's DTC account.] 10. DTC may discontinue providing its services as secur ties depository with respect to the Securities at any time by giving reasonable notice to Issuer or Agent. Under suc circumstances, in the event that a successor securities depository is not obtained, Security certificates are required 0 be printed and delivered. 11. Issuer may decide to discontinue use of the system fbook-entry-only transfers through DTC (or a successor securities depository). In that event, Security certificates wi I be printed and delivered to DTC. 12. The information in this section concerning DTC and TC's book-entry system has been obtained from sources that Issuer believes to be reliable, but Issuer takes no responsi iIity for the accuracy thereof. Aooendix C AUDIT REPORT I I i i [This Page Intentionally L~ft Blank] ,- Washington State Auditor's Office Financial Statements and Federal Single Audit Report Jefferson County Audit Period January 1, 2005 through December 31,2005 Report No. 71340 Issue Date September 1, 2006 Washington State Auditor Brian Sonntag ! Washington State ~uditor Brian Sonntag September 1, 2006 Board of Commissioners Jefferson County Port Townsend, Washington Report on Financial Statements and Fed~ral Single Audit Please find attached our report on Jefferson County's financ~al statements and compliance with federal laws and regulations. 1 I We are issuing this report in order to provide information on thf County's financial condition. In addition to this work, we look at other areas of our audit tient's operations for compliance with state laws and regulations. The results of that audit will be incl ded in a separately issued accountability report. Sincerely, Jiq BRIAN SONNTAG, CGFM STATE AUDITOR Insurance Building, P.O. Box 40021 . Olympia, Washington 98504-0021 . (360) ~2-O370 . (866) 902-3900. TOD Relay (800) 833-6388 FAX (360) 753-0646 · http:ttwww_+o.wa_gov I I I r Table of Contents Jefferson County January 1, 2005 through December 31, 2005 Federal Summary....... ........... ...................... ..................... ........ ...................... ........... ............... ............ ......... 1 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters in Accordance with Government Auditing Standards ........................................ 2 Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and Internal Control over Compliance in Accordance with OMS Circular A-133.............. 4 Independent Auditor's Report on Financial Statements ...............................................................................6 Financial Section............... 0.......... .........0........0.... .................................................................. ........................ 8 Federal sum~ary Jefferson courity January 1, 2005 through Oecjember 31, 2005 . I I I The results of our audit of Jefferson County are summarizejd below in accordance with U.S. Office of Management and Budget Circular A-133. I · An unqualified opinion was issued on the County's finfncial statements. · We noted no instances of noncompliance that were I material to the financial statements of the County. I We issued an unqualified opinion on the County's cOfPliance with requirements applicable to its major federal programs. I We reported no findings, which are required to be disJlosed under OMB Circular A-133. i i We noted in our Independent Auditor's Report on rinancial Statements that the Schedule of Expenditures of Federal Awards was fairly presented. I The dollar threshold used to distinguish between TYP~ A and Type B programs, as prescribed by OMB Circular A-133, was $300,000. I . . . · The County qualified as a low-risk auditee under OM Circular A-133. · The following were major programs during the period nder audit: CFDA No. Prooram Title 10.665 14.228 20.205 Schools and Roads Grants to States I Community Development Block Grantsl~tate's Program Highway Planning and Construction I 1 i I Washington State Auditor's Jce 1 " Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters in Accordance with Govemment Auditing Standards Jefferson County January 1, 2005 through December 31, 2005 Board of Commissioners Jefferson County Port Townsend, Washington We have audited the financial statements of Jefferson County, Washington, as of and for the year ended December 31, 2005, and have issued our report thereon dated July 31, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to the financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. INTERNAL CONTROL OVER FINANCIAL REPORTING In planning and performing our audit, we considered the County's intemal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the intemal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving internal control over financial reporting and its operation that we consider to be material weaknesses. COMPLIANCE AND OTHER MA TTERS As part of obtaining reasonable assurance about whether the County's financial statements are free of material misstatement, we performed tests of the County's compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, the objective of our audit of the financial statements was not to provide an opinion on overall compliance with these provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported herein under Government Auditing Standards. This report is intended for the information and use of management, the Board of Commissioners, federal awarding agencies and pass-through entities. However, this report is a matter of public record and its Washington State Auditor's Office 2 -- 1 i I ~ i dialribution is nollimiIed, It also serves 10 dissemin~Ie infonnton 10 the public as a reporting lool to help citizens assess government operations. ! J1q BRIAN SONNTAG, CGFM STATE AUDITOR July 31, 2006 I ! Washington Sta~ Auditor's 100 I ~ Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and Internal Control over Compliance in Accordance with OMB Circular A.133 Jefferson County January 1, 2005 through December 31,2005 Board of Commissioners Jefferson County Port Townsend, Washington COMPLIANCE We have audited the compliance of Jefferson County, Washington, with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to its major federal programs for the year ended December 31, 2005. The County's major federal programs are identified in the Federal Summary. Compliance with the requirements of laws, regulations, contracts and grants applicable to its major federal programs is the responsibility of the County's management. Our responsibility is to express an opinion on the County's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to the financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the County's compliance with those requirements. In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to its major federal programs for the year ended December 31, 2005. INTERNAL CONTROL OVER COMPLIANCE The management of the County is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the Washington State Auditor's Office 4 design or operation of one or more of the internal control co ponents does not reduce to a relatively low level the risk that noncompliance with applicable requiremen of laws, regulations, contracts and grants caused by error or fraud that would be material in relation to major federal program being audited may occur and not be detected within a timely period by employe s in the normal course of performing their assigned functions. We noted no matters involving! the intern I control over compliance and its operation that we consider to be material weaknesses. 1 This report is intended for the information of manag~ment, th~oard of Commissioners, federal awarding agencies and pass-through entities. However, this ,..eport is a atter of public record and its distribution is not limited. It also serves to disseminate information to th public as a reporting tool to help citizens assess government operations. ~q BRIAN SONNTAG, CGFM STATE AUDITOR July 31, 2006 I 1 I I _OO~AOO~'t Independent Auditor's Report on Financial Statements Jefferson County January 1, 2005 through December 31, 2005 Board of Commissioners Jefferson County Port Townsend, Washington We have audited the accompanying financial statements of Jefferson County, Washington, for the year ended December 31, 2005. These financial statements are the responsibility of the County's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1 to the financial statements, the County prepares its financial statements on the basis of accounting that demonstrates compliance with Washington State statutes and the Budgeting, Accounting and Reporting System (BARS) manual prescribed by the State Auditor, which is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position and results of operations of Jefferson County, for the year ended December 31, 2005, on the basis of accounting described in Note 1. In accordance with Government Auditing Standards, we have also issued our report on our consideration of the County's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The accompanying Schedule of Long-Term Debt is also presented for purposes of additional analysis as required by the prescribed BARS manual. Washington State Auditor's Office 6 These schedules are not a required part of the financial statements. Such information has been subjected to the auditing procedures applied in the audit of th financial statements and, in our opinion, is fairly stated, in all material respects, in relation to th~ financial statements taken as a whole. I I I Ji.q BRIAN SONNTAG, CGFM STATE AUDITOR July 31, 2006 Financial Section Jefferson County January 1, 2005 through December 31, 2005 FINANCIAL STA TEMENTS Fund Resources and Uses Arising from Cash Transactions - 2005 Notes to Financial Statements - 2005 SUPPLEMENTAL INFORM A TION Schedule of Long-Term Debt - 2005 Schedule of Expenditures of Federal Awards - 2005 Notes to the Schedule of Expenditures of Federal Awards - 2005 Washington State Auditor's Office 8 MCAG NO.0125 JEFFERSON COUNT~ FUND RESOURCES AND USES ARI.SING FRO~ CASH TRANSACTIONS For the Year Ending December 31,2005 und 001 General Fund Original Revised BARS Budget Budget Actual CODE I Beginning Net Cash and Investments 1,765,1~0 ],765,150 ],765,150 Revenues and Other Sources: 310 Taxes 8,603,717 8,603,717 9,101,990 320 Licenses and Permits 24,7 24,734 19,2]4 330 Intergovernmental ] ,694,8 1,856,434 1,695,087 340 Charges for Goods and Services 928,5 9 995,]9] 898,210 350 Fines and Forfeits 443, 443,000 466,743 360 Miscellaneous 305,6 ,3 305,683 622,593 370 Capital Contributions - I 390 Other Financing Sources 648,4t 648,492 637,492 Total Revenues and Other Sources 12,649,0~ ]2,877,25] 13,44] ,329 Total Resources 14,414,1 14,642,401 15,206,479 Operating Expenditures: 1 510 General Government 5,618,7811 5,796,721 5,681,493 520 Public Safety 4'370'6~ 4,687,070 4,594,931 530 Physical Environment 6,855 6,855 6,855 540 Transportation 550 Economic Environment ]43,8 158,866 153,934 560 Mental and Physical Health 22,35 22,350 22,901 570 Cultural and Recreational i i Total Operating Expenditures I 0, 162,52~ 10,671,862 10,460,114 591-593 Debt Service _ i ! 594-595 Capital Outlay ! - I Total Expenditures 1O,162,52b 10,671 ,862 ]0,460,114 597-99 Other Financing Uses 2,173,68 2,359,275 2,359,275 Excess of Resources Over Uses 2,077,95 I ,611 ,264 2,387,090 380 Nonrevenues ]9,565 580 Nonexpenditures Ending Net Cash and Investments 1,611,264 2,406,655 The accompanying notes are an integral part of hese financial statements I I i Washington Sta~ Auditor's otce i I ! STATEMENT C-4 MCAG NO.0125 JEFFERSON COUNTY STATEMENT C-4 FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For the Year Ended December 31,2005 Fund 108 Coooerative Extension Fund 122 JefTCom E-911 BARS Original Revised Original Revised CODE Budget Budget Actual Budget Budget Actual Beginning Net Cash and Investments 88,878 88,878 88,878 349,097 349,097 349,097 Revenues and Other Sources: 310 Taxes 378,639 378,639 435,825 320 Licenses and Permits 330 Intergovernmental 174,070 174,961 117,113 464,237 464,237 690,435 340 Charges for Goods and Services 34,600 34,600 20,136 1,275 350 Fines and Forfeits 360 Miscellaneous 11,820 29,820 8,200 255 390 Other Financing Sources 231,871 241,871 233,117 233,024 233,024 233,024 Total Revenues and Other Sources 452,36] 481,252 378,566 1,075,900 ],075,900 ],360,8]4 Total Resources 541,239 570,130 467,444 1,424,997 1,424,997 ],709,911 Operating Expenditures: 510 General Government 520 Public Safety 861,941 861,941 791,597 530 Physical Environment 198,505 209,396 177,302 540 Transportation 550 Economic Environment 560 Menta] and Physical Health 570 Cultural and Recreationa] 253,802 278,802 207,809 Tota] Operating Expenditures 452,307 488,]98 385,]] I 86],941 86],941 791,597 591-593 Debt Service 594-595 Capita] Outlay 10,000 10,000 10,587 10,000 10,000 77,272 Total Expenditures 462,307 498,198 395,698 871,941 871,941 868,869 597-99 Other Financing Uses Excess of Resources Over Uses 78,932 71,932 71,746 553,056 553,056 84],042 380 Nonrevenues 488 550 580 Nonexpenditures 157,000 Ending Net Cash and Investments 78,932 71,932 72,234 553,056 553,056 684,592 The accompanying notes are an integral part of these financial statements Washington State Auditor's Office 10 JEFFERSON COUNT~ FUND RESOURCES AND USES ARISING FRO CASH TRANSACTIONS For the Year Ended December 311,2005 Fund 123 Grant Manal!1!!W!! Original Revised I Budget Budget I Actual 87,689 87,689 87,689 MCAG NO.0125 BARS CODE Beginning Net Cash and Investments Revenues and Other Sources: 310 Taxes 320 Licenses and Permits 330 Intergovernmental 340 Charges for Goods and Services 350 Fines and Forfeits 360 Miscellaneous 390 Other Financing Sources Total Revenues and Other Sources Total Resources Operating Expenditures: 510 General Government 520 Public Safety 530 Physical Environment 540 Transportation 550 Economic Environment 560 Mental and Physical Health 570 Cultural and Recreational Total Operating Expenditures 59]-593 Debt Service 594-595 Capital Outlay Total Expenditures 597-99 Other Financing Uses Excess of Resources Over Uses 380 Nonrevenues 580 Nonexpenditures Ending Net Cash and Investments STATEMENT Cc4 Fund 125 HotellMotel Original Budget 253,858 Revised Budget 253,858 Actual 253,858 239,554 239,554 267,028 577,646 577,646 389,373 5,000 5,000 6,068 577,646 577,646 389,373 244,554 244,554 273,096 665,335 665,335 477,062 498,412 498,412 526,954 253,316 273,316 226,830 577 ,646 577,645 378,623 577,646 577,645 378,623 253,3]6 273,316 226,830 ]4,549 14,549 ]4,549 577,646 577,645 378,623 267,865 287,865 241,379 87,689 87,690 98,439 230,547 210,547 285,575 87,689 87,690 98,439 230,547 210,547 285,575 The accompanying notes are an integral part of tse financial statements I Vh,""t=sm~~~,~ 11 i MCAG NO.0125 JEFFERSON COUNTY STATEMENT C-4 FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For the Year Ended December 3 I ,2005 Fund 127 Health & Human Serv Fund 128 Natural Resources BARS Original Revised Original Revised CODE Budget Budget Actual Budget Budget Actual Beginning Net Cash and Investments 551,793 551,793 551,793 78,257 78,257 78,257 Revenues and Other Sources: 310 Taxes 35,187 35,187 36,458 320 Licenses and Permits 330 Intergovernmental 1,227,117 1,311,150 1,297,338 335,102 403,142 323,426 340 Charges for Goods and Services 878,163 878,163 940,870 120,000 120,000 76,935 350 Fines and Forfeits 360 Miscellaneous 12,738 20,238 24,380 1,790 390 Other Financing Sources 502,384 570,359 573,696 130,776 138,137 138,137 Total Revenues and Other Sources 2,655,589 2,815,097 2,872,742 585,878 661,279 540,288 Total Resources 3,207,382 3,366,890 3,424,535 664,135 739,536 618,545 Operating Expenditures: 510 General Government 520 Public Safety 530 Physical Environment 591,632 667,033 557,153 540 Transportation 550 Economic Environment 560 Mental and Physical Health 2,758,507 2,924,015 2,876,719 570 Cultural and Recreational Total Operating Expenditures 2,758,507 2,924,015 2,876,719 591,632 667,033 557,153 591-593 Debt Service 594-595 Capital Outlay Total Expenditures 2,758,507 2,924,015 2,876,719 591,632 667,033 557,153 597-99 Other Financing Uses Excess of Resources Over Uses 448,875 442,875 547,816 72,503 72,503 61,392 380 Nonrevenues (216) 580 Nonexpenditures Ending Net Cash and Investments 448,875 442,875 547,600 72,503 72,503 61,392 The accompanying notes are an integral part of these financial statements Washington State Auditor's Office 12 MCAG NO.0125 JEFFERSON COUNT STATEMENT C-4 FUND RESOURCES AND USES ARISING FRO CASH TRANSACTIONS Forthe Year Ended December 1,2005 Fund vel Fund 174 Parks & Rec BARS Original Revised Original Revised CODE Budget Budget Actual Budget Budget Actual Beginning Net Cash and Investments 386,915 386,915 386,915 65,419 65,419 59,762 Revenues and Other Sources: 310 Taxes 320 Licenses and Permits 641,811 641,811 637,366 330 Intergovernmental 67,421 67,421 54,921 340 Charges for Goods and Services 472,618 472,618 568,989 44,855 56,255 50,894 350 Fines and Forfeits 360 Miscellaneous 10,010 10,010 10,010 20,123 21,123 29,168 390 Other Financing Sources 178,542 256,298 256,298 364,602 392,602 392,602 Total Revenues and Other Sources 1,370,402 1,448,158 1,527,584 429,580 469,980 472,664 Total Resources 1,757,317 1,835,073 1,914,499 494,999 535,399 532,426 Operating Expenditures: 510 General Government 520 Public Safety 530 Physical Environment 540 Transportation 550 Economic Environment 1,427,259 1,575,564 1,440,397 560 Mental and Physical Health 570 Cultural and Recreational 429,572 470,239 446,022 Total Operating Expenditures 1,427,259 1,575,564 1,440,397 429,572 470,239 446,022 591-593 Debt Service 594-595 Capital Outlay 784 Total Expenditures 1,427,259 1,575,564 1,440,397 429,572 470,239 446,806 597-99 Other Financing Uses Excess of Resources Over Uses 330,058 259,509 474,102 65,427 65,160 85,620 380 Nonrevenues 95 580 Nonexpenditures Ending Net Cash and Investments 330,058 259,509 474,197 65,427 65,160 85,620 The ,""oompanymg ,.... ... '" """"" part 01 r ....""'" .- I i -~'" ~~AW~, t 13 I MCAG NO.0125 JEFFERSON COUNTY STATEMENT C-4 FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For the Year Ended December 31,2005 Fund 180 Roads Fund 183 Facilities Ml!'mnt BARS Origina] Revised Origina] Revised CODE Budget Budget Actua] Budget Budget Actual Beginning Net Cash and Investments 2,713,586 2,713,586 2,738,379 268,449 268,449 268,019 Revenues and Other Sources: 3]0 Taxes 2,818,743 2,818,743 2,970,838 320 Licenses and Permits 8,030 8,030 3,928 330 Intergovernmental 4,292,449 4,292,449 3,547,524 340 Charges for Goods and Services 5,350 5,350 31,173 350 Fines and Forfeits 360 M isce lIaneous ],660 ],660 6,645 808,940 808,940 827,224 390 Other Financing Sources ]63,950 163,950 913,523 7,956 Tota] Revenues and Other Sources 7,290,182 7,290,]82 7,473,63] 808,940 808,940 835,180 Total Resources 10,003,768 10,003,768 10,212,010 1,077,389 ],077,389 1,103,199 Operating Expenditures: 510 General Government 86,015 86,015 30,492 811,592 811,592 784,885 520 Public Safety 530 Physical Environment 540 Transportation 5,183,991 5,183,991 5,068,597 550 Economic Environment 560 Mental and Physical Health 570 Cultural and Recreational Total Operating Expenditures 5,270,006 5,270,006 5,099,089 811,592 811,592 784,885 591-593 Debt Service 43,156 43,158 16,842 594-595 Capital Outlay 1,604,426 1,604,426 912,482 Total Expenditures 6,917,588 6,917,590 6,028,413 811,592 811,592 784,885 597-99 Other Financing Uses 20,450 20,450 47,698 Excess of Resources Over Uses 3,065,730 3,065,728 4,135,899 265,797 265,797 318,314 380 Nonrevenues 1,322 580 Nonexpenditures Ending Net Cash and Investments 3,065,730 3,065,728 4,137,22] 265,797 265,797 318,314 The accompanying notes are an integral part of these fmancial statements Washington State Auditor's Office 14 MCAG NO.0125 mffRWN co~ STATEMENT C-4 FUND RESOURCES AND USES ARISING FRO CASH TRANSACTIONS For the Year Ended December 3 ,2005 Fund 301 Construction & ~ Fund 302 County CaDitallmDrov BARS Original Revised Original Revised CODE Budget Budget Actual Budget Budget Actual Beginning Net Cash and Investments 2,645,821 2,645,821 2,637,115 1,041,321 1,041,321 1,041,321 Revenues and Other Sources: 310 Taxes 900,100 900,100 1,520,358 320 Licenses and Permits 330 Intergovernmental 25,000 25,000 340 Charges for Goods and Services 31,223 350 Fines and Forfeits 360 Miscellaneous 5,000 5,000 93 10,000 10,000 390 Other Financing Sources 425,000 425,000 425,000 50,000 Total Revenues and Other Sources 430,000 430,000 456,316 935,100 935,100 1,570,358 Total Resources 3,075,821 3,075,821 3,093,431 1,976,421 1,976,421 2,611,679 Operating Expenditures: 510 General Government 520 Public Safety 530 Physical Environment 540 Transportation 550 Economic Environment 560 Mental and Physical Health 570 Cultural and Recreational Total Operating Expenditures 591-593 Debt Service 741,180 741,180 740,484 594-595 Capital Outlay 262,503 2,724,157 1,589,091 Total Expenditures 262,503 2,724,157 1,589,091 741,180 741,180 740,484 597-99 Other Financing Uses 4,000 4,000 460,000 460,000 460,000 Excess of Resources Over Uses 2,813,318 347,664 1,500,340 775,241 775,241 1,411,195 380 Nonrevenues 580 Nonexpenditures Ending Net Cash and Investments 2,813,318 347,664 1,500,340 775,241 775,241 1,411,195 The accompanying notes are an integral part of t~ese financial statements 1 I Wa_'" &~ Aud.".l 15 I I 1 MCAG NO.0125 JEFFERSON COUNTY STATEMENT C-4 FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For the Year Ended December 31,2005 Fund 303 Canital Imnr Courthouse Fund 401 Solid Waste BARS Original Revised Original Revised CODE Budget Budget Actual Budget Budget Actual Beginning Net Cash and Investments 949,576 949,576 947,792 720,508 720,508 716,789 Revenues and Other Sources: 310 Taxes 94,730 35,000 35,000 38,188 320 Licenses and Permits 330 Intergovernmental 35,000 35,000 33,966 340 Charges for Goods and Services 1,980,000 1,980,000 2,295,539 350 Fines and Forfeits 400 400 344 360 Miscellaneous 10,000 10,000 28,905 7,680 7,680 30,533 390 Other Financing Sources 290,000 290,000 294,000 433,687 433,687 6,000 Total Revenues and Other Sources 300,000 300,000 417,635 2,491,767 2,491,767 2,404,570 Total Resources 1,249,576 1,249,576 1,365,427 3,212,275 3,212,275 3,121,359 Operating Expenditures: 510 General Government 520 Public Safety 530 Physical Environment 1,789,605 1,789,605 1,837,410 540 Transportation 550 Economic Environment 560 Mental and Physical Health 570 Cultural and Recreational Total Operating Expenditures 1,789,605 1,789,605 1,837,410 591-593 Debt Service 157,016 157,016 157,016 594-595 Capital Outlay 2,515,314 2,515,314 115,251 433,687 433,687 16,571 Total Expenditures 2,515,314 2,515,314 115,251 2,380,308 2,380,308 2,010,997 597-99 Other Financing Uses 126,000 126,000 148,000 Excess of Resources Over Uses (1,265,738) (1,265,738) 1,250,176 705,967 705,967 962,362 380 Nonrevenues 580 Nonexpenditures Ending Net Cash and Investments (1,265,738) (1,265,738) 1,250,176 705,967 705,967 962,362 The accompanying notes are an integral part of these financial statements Washington State Auditor's Office 16 MCAG NO.0125 JEFfERSON cou1 STATEMENT C-4 fUND RESOURCES AND USES AliIslNG fRO CASH TRANSACTIONS For the Year Ended December 31,2005 Fund 501 ER&R Fund 506 Information Service BARS Origina] Revised Origina] Revised CODE Budget Budget Actual Budget Budget Actual Beginning Net Cash and Investments 1,533,757 1,533,757 1,533,757 720,596 720,596 713,351 Revenues and Other Sources: 310 Taxes 320 Licenses and Permits 330 Intergovernmental 340 Charges for Goods and Services 283,000 283,000 323,708 48,600 48,600 132,909 350 Fines and Forfeits 360 Miscellaneous 1,378,000 1,378,000 1,528,600 1,053,142 1,053,142 1,074,784 390 Other Financing Sources 25,543 158,000 ] 58,000 158,000 Tota] Revenues and Other Sources 1,661,000 1,661,000 1,877,851 1,259,742 1,259,742 1,365,693 Tota] Resources 3,194,757 3,194,757 3,411,608 1,980,338 1,980,338 2,079,044 Operating Expenditures: 510 General Government 778,524 778,524 727,626 520 Public Safety 530 Physical Environment 540 Transportation 1,228,736 1,228,736 1,361,931 550 Economic Environment 560 Menta] and Physical Health 570 Cultural and Recreational Total Operating Expenditures 1,228,736 1,228,736 ],361,931 778,524 778,524 727,626 591-593 Debt Service 594-595 Capital Outlay 853,000 853,000 478,511 595,000 685,460 506,254 Total Expenditures 2,081,736 2,081,736 1,840,442 1,373,524 1,463,984 1,233,880 597-99 Other Financing Uses Excess of Resources Over Uses 1,113,021 1,113,021 1,571,166 606,814 516,354 845,164 380 Nonrevenues 157,1]5 5,716 580 Nonexpenditures Ending Net Cash and Investments 1,113,021 I,] 13,021 1,728,281 606,814 5]6,354 850,880 Tho a<a>mpa",I", 00'" aM 00 "".,.,.1 part of t.. "",""at _moo" I 1 i _"1",,00 Stale Au!;!..., of" 17 I MCAG No. 0125 STATEMENT C-5 JEFFERSON COUNTY FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For The Year Ended December 31,2005 SPECIAL REVENUE FUNDS: Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments FUND ]05 Auditor's O&M FUND]06 Courthouse Facilitator Original Revised Original Revised Budget Budget Actual Budget Budget Actual 89,225 89,225 89,225 53,336 53,336 66,291 11,156 142,561 142,561 155,516 11,156 51,981 51,981 25,943 90,580 90,580 129,573 11,156 90,580 90,580 129,573 11,156 FUND 107 Boating Safety FUND 112 Community Services Original Revised Original Revised Budget Budget Actual Budget Budget Actual 6,159 6,159 6,159 43,897 43,897 43,897 21,700 26,200 28,721 27,859 32,359 34,880 43,897 43,897 43,897 24,028 28,528 28,374 48,492 48,492 43,897 3,831 3,831 6,506 (4,595) (4,595) 3,831 3,831 6,506 (4,595) (4,595) FUND] 13 4H After School FUND 120 Crime Victims Original Revised Original Revised Budget Budget Actual Budget Budget Actual 17,750 17,750 17,840 9,939 9,939 9,939 85,000 85,000 85,500 58,959 58,959 56,508 102,750 ]02,750 103,340 68,898 68,898 66,447 84,070 85,000 71,383 57,476 57,476 47,606 18,680 17,750 31,957 11,422 11 ,422 18,841 18,680 17,750 31,957 11 ,422 11,422 18,841 FUND ]24 Watershed PlaDDing FUND ]29 Animal Services Original Revised Original Revised Budget Budget Actual Budget Budget Actual 13,9]2 13,912 13,912 53,012 53,012 53,012 100,000 100,000 19,093 182,527 182,527 177,371 113,912 113,912 33,005 235,539 235,539 230,383 100,000 100,000 6,109 178,934 193,546 182,929 13,912 13,912 26,896 56,605 41,993 47,454 13,912 13,912 26,896 56,605 41,993 47,454 The accompanying notes are an integral part of these financial statements Washington State Auditor's Office 18 JEFFERSON Cf.UNTY FUND RESOURCES AND USES ARiISINO FR M CASH TRANSACTIONS For The Year Ended December 31, 2005 FUND 131) Mental Heatb Original Revised Budget Budget ctual I 1,940 1,940 1 1,940 34,975 39,975 39,840 3~915 41~15 41~80 34,975 39,975 39,975 1,940 1,940 1,805 MCAG No. 0125 SPECIAL REVENUE FUNDS: Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources T olal Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments 1,940 1,940 1,805 STATEMENT C-5 FUND 135 Jefferson Co Drug Original Revised Budget Budget 63,543 20,900 84,443 25,000 59,443 59,443 63,543 20,900 84,443 25,000 59,443 59,443 Actual 63,543 15,221 78,764 12,357 66,407 66,407 FUND 140 Law Library Original Revised Budget Budget Actual 23,759 6,900 30,659 14,000 16,659 16,659 23,759 6,900 30,659 14,000 16,659 16,659 23,759 9,096 32,855 14,187 18,668 18,668 FUND 147 Federal Forest Title III Original Revised Budget Budget Actual 391,148 180,000 571,148 195,000 376,148 376,148 391,148 180,000 571,148 265,000 306,148 306,148 391,148 208,792 599,940 152,244 447,696 447,696 FUND ISO Treasurer's 0 & M Original Revised Budget Budget Actual 23,432 23,432 23,432 27,700 27,700 10,757 51,132 51,132 34,189 24,834 24,834 13,874 26,298 26,298 20,315 26,298 26,298 20,315 I i Tho """"""oy;ng """" a<e ao ~"" part 01 r ....""", -..-. Wa~~oo ~l _00<, t 19 I I I FUND 136 Sberiff's Drug l~vest. Original Revised 1 Budget Budget .f.ctual 11,899 23,210 35,109 26,210 8,899 11,899 23,210 35,109 26,210 8,899 11,899 4,558 16,457 14,157 2,300 I I I 2,300 I FUND 141 Trial Court l~rov Original Revised i Budget Budget ~ctual 8,899 8,899 2,842 2,842 2,842 2,842 FUND 148 JefICll Affordable ousing Original Revised Budget Budget ctual 28,996 28,996 28,996 60,000 110,000 99,624 88,996 138,996 128,620 50,000 100,000 38,007 38,996 38,996 90,613 38,996 38,996 90,613 MCAG No. 0125 STATEMENT C-5 JEFFERSON COUNTY FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For The Year Ended December 3 1,2005 SPECIAL REVENUE FUNDS: Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total. Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments FUND 151 REET Technology FUND 155 Veterans Relief Original Revised Original Revised Budget Budget Actual Budget Budget Actual 39,710 39,710 39,710 12,631 35,250 35,250 43,105 12,631 74,960 74,960 82,815 33,550 40,550 33,120 12,631 41,410 34,410 49,695 12,631 41,410 34,410 49,695 FUND 160 Water PollutIon Control Ln FUND 175 County Parks Improv Original Revised Original Revised Budget Budget Actual Budget Budget Actual 85,206 85,206 85,206 138,407 138,407 133,342 51,000 51,000 4,692 110,560 II 0,560 70,104 136,206 136,206 89,898 248,967 248,967 203,446 70,000 70,000 1,041 155,355 185,355 122, I 49 66,206 66,206 88,857 93,612 63,612 81,297 66,206 66,206 88,857 93,612 63,612 81,297 FUND 177 Special Projects FUND 178 Post Harvest Timber Original Revised Original Revised Budget Budget Actual Budget Budget Actual 136,551 136,551 137,895 14,817 14,817 14,817 513,945 513,945 140 140 312 650,496 650,496 137,895 14,957 14,957 15,129 513,945 513,945 6,779 3,125 3,125 136,55 I 136,55 I 131,116 11 ,832 11,832 15,129 136,55 I 136,55 I 131,116 11,832 11 ,832 15,129 FUND 181 JC Emergency Road Resv. FUND 185 F1ood1Stormwater Original Revised Original Revised Budget Budget Actual Budget Budget Actual 609,201 609,201 609,201 30,909 30,909 27,846 5,600 5,600 14,729 62,491 94,522 90,638 614,801 614,801 623,930 93,400 125,431 118,484 556,458 556,458 83,322 123,322 114,512 614,801 58,343 67,472 10,078 2,109 3,972 614,801 58,343 67,472 10,078 2,109 3,972 The accompanying notes are an integral part of these financial statements Washington State Auditor's Office 20 i JEFFERSON CfUNTY FUND RESOURCES AND USES ARISING FRO CASH TRANSACTIONS For The Year Ended December 3 ,2005 i i FUND 186 Brinnon Flood Cpntrol Original Revised i Budget Budget jctual 11,545 11,545 11,545 11,545 11,545 11 ,545 898 898 10,647 10,647 i 11,545 MCAG No. 0125 SPECIAL REVENUE FUNDS: Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments DEBT SERVICE FUNDS Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments CAPITAL FUNDS Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments 111,545 FUND 202 RID Bond~ Original Revised Budget Budget ctual 10,647 10,647 STATEMENT C-S FUND 187 Quilcene Flood Original Revised Budget Budget 106,997 29,702 136,699 178,943 (42,244) (42,244) 106,997 29,702 136,699 178,943 (42,244) (42,244) Actual 104,312 66,097 170,409 23,665 146,744 146,744 FUND 204 Debt Service Original Revised Budget Budget Actual 543,464 1,312,158 1,855,622 1,307,707 547,915 547,915 FUND 306 Public Infrastructure Original Revised Budget Budget Actual 834,529 135,500 970,029 200,000 770,029 770,029 834,529 135,500 970,029 269,105 700,924 700,924 834,529 183,129 1,017,658 69,105 948,553 948,553 FUND 308 Conservation Futures Original Revised Budget Budget Actual 403,030 178,900 581,930 172,700 409,230 409,230 1 i The accompanying notes are an integral part of ttse financial statements i i ""~on Sa~ Aud'~, + 21 i I 1 I 10,739 1,291 12,030 2,677 9,353 9,353 FUND 304 HJ Carroll pjrk Original Revised Budget Budget ctual 40,735 40,735 139,632 35,000 35,000 36,121 75,735 75,735 1 75,753 84,386 84,386 i 7,700 (8,~51) (8,~51) 168,~53 (8,~51) (8,~51) 168'~53 FUND 307 Rural Co Assista e Res Original Rllvised i Budget Budget 1ctual i 182,045 . 818 82,863 80,794 2,069 82,045 .82,045 82,045 80,794 1,251 82,045 80,794 1,251 1,251 1,251 2,069 403,030 178,900 581,930 218,040 363,890 363,890 419,030 212,753 631,783 161,900 469,883 469,883 MCAG No. 0125 JEFFERSON COUNTY FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For The Year Ended December 31, 2005 ENTERPRISE FUNDS Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments INTERNAL SERVICE FUNDS Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments Beginning Net Cash and Investments Revenues and Other Financing Sources Total Resources Expenditures and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Investments FUND 402 SW Post Closure Original Revised Budget Budget Actual 113,103 1,200 114,303 6,000 108,303 I 13,103 1,200 114,303 6,000 108,303 113,103 3,307 116,410 6,000 110,410 STATEMENT C-5 FUND SW Equipment Reserve Original Revised Budget Budget Actual 797,074 133,000 930,074 427,687 502,387 502,387 797,074 133,000 930,074 427,687 502,387 502,387 797,074 172,611 969,685 969,685 969,685 FUND 503 JC Unemployment Res Original Revised Budget Budget Actual 282,307 105,000 387,307 100,000 287,307 287,307 282,307 105,000 387,307 100,000 287,307 287,307 282,307 119,666 401,973 15,067 386,906 386,906 FUND 50S Employee Benefit Res Original Revised Budget Budget Actual 156,323 62,000 218,323 76,500 141,823 141,823 The accompanying notes are an integral part of these financial statements 108,303 108,303 110,410 156,323 62,000 218,323 126,500 91,823 91,823 156,323 59,580 215,903 71,308 144,595 144,595 FUND 405 Tri Area Sewer Original Revised Budget Budget Actual 80,794 80,794 149,899 80,794 80,794 149,899 80,000 80,000 33,975 794 794 115,924 794 794 115,924 FUND 562 Risk Management Original Revised Budget Budget Actual 142,644 234,000 376,644 234,000 142,644 142,644 234,000 376,644 234,000 142,644 142,644 94,751 237,395 85,251 152,144 142,644 142,644 152,144 FUND 564 Industrial Insurance Original Revised Budget Budget Actual 98,559 . 98,559 98,559 20,000 20,000 118,559 118,559 98,559 28,144 28,144 28,324 90,415 90,415 70,235 90,415 90,415 70,235 Washington State Auditor's Office 22 i JEFFERSON CbUNTY FUND RESOURCES AND USES ARISING FROM CASH TRANSACTIONS For The Year Ended December 31 ' 2005 FUND 606 JC Dralnfield ltrust Original Revised 1 Budget Budget Actual i 1'131,590 3,889 135,479 MCAG No. 0125 TRUST FUNDS Beginning Net Cash and Investments Revenues and Other Financing SOllTces Total ResollTces ExpenditllTes and Other Financing Uses Excess (Deficit) ofResollTces Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Invesnnents Beginning Net Cash and Invesnnents Revenues and Other Financing SOllTces Total ResollTces ExpenditllTes and Other Financing Uses Excess (Deficit) of Resources Over Uses Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Invesnnents AGENCY FUNDS 135,479 135,479 I I I FUND 629 Animal Svs Dona11on Tr Original Revised . Budget Budget 1ctual I i 8,838 15,477 24,315 8,691 15,624 8,838 1,500 10,338 5,500 4,838 8,838 1,500 10,338 5,500 4,838 i 115,624 I i FUND 640 County FaiJ Original Rtvised I Budget Budget ctual 4,838 4,838 Beginning Net Cash and Investments 37,754 37,754 37,754 Revenues and Other Financing SOllTces 200,000 200,000 41,874 Total ResollTces 237,754 237,754 79,628 ExpenditllTes and Other Financing Uses 200,000 240,000 39,988 Excess (Deficit) of ResollTces Over Uses 37,754 (2,246) 39,640 Nonrevenues (Except 384 and 388.80) Nonexpenditures (Except 584 and 588.80) Ending Net Cash and Invesnnents 37,754 (2,246) 39,640 STATEMENT C-5 FUND 625 Inmate Commissary Tr Original Revised Budget Budget Actual 62,959 81,939 144,898 95,142 49,756 49,756 FUND 641 JC Community Network Original Revised Budget Budget 28,908 67,854 96,762 93,614 3,148 28,908 67,854 96,762 93,614 3,148 3,148 3,148 The accompanying notes are an integral part of uise financial statements I _h_~~~+ 23 I Actual 28,908 62,057 90,965 74,928 16,037 16,037 " . JEFFERSON COUNTY NOTES TO FINANCIAL STATEMENTS JANUARY 1,2005 through DECEMBER 31, 2005 NOTE 1 - SUMMARY OF ACCOUNTING POLICIES The county of Jefferson uses the revenue and expenditure classifications contained in the Budgeting, Accounting and Reporting System (BARS) manual. The manual is prescribed by the State Auditor's Office under the authority of Washington State law, Chapter 43.09 RCW. The county of Jefferson was incorporated on December 22, 1852, and operates under the laws of the State of Washington applicable to a county with commissioner form of government. The county is a general-purpose government and provides planning and zoning, public safety, road improvement, parks and recreation, judicial administration, health and social services, and general administrative services. a. FUND ACCOUNTING The accounts of the county are organized on the basis of fund and account groups, each of which is considered a separate accounting entity. Each fund is accounted for with a separate set of single-entry accounts that comprise its cash, investments, revenues and expenditures as appropriate. The county's resources are allocated to and accounted for in individual funds depending on their intended purpose. The following are the fund types used by the county. GOVERNMENTAL FUND TYPES: General (Current Expense) Fund This fund is the primary operating fund of the county. It accounts for all financial resources except those required or elected to be accounted for in another fund. Special Revenue Funds These funds account for revenues that are legally restricted or designated to finance particular activities of the county. Debt Service Funds These funds account for the accumulation of resources to pay principal, interest and related costs on general long-term debt. Capital Proiects Funds These funds account for financial resources, which are designated for the acquisition or construction of general government capital improvements. PROPRIETARY FUND TYPES: Enterprise Funds These funds account for operations that provide goods or services to the general public and are supported primarily through user charges. Internal Service Funds These funds account for operations that provide goods or services to other departments or funds of the county or to other governmental units on a cost reimbursement basis. FIDUCIARY FUND TYPES: Fiduciary funds account for assets held by the county on behalf of other governments, and other funds. Washington State Auditor's Office 24 b. i , JEFFERSON COU~ NOTES TO FINANCIAL ST TEMENTS JANUARY 1,2005 through DECE,MBER 31, 2005 i I I Private-Purpose Trust Funds I These funds report all trust arrangements which PrintiPal and income benefit individuals, private organizations or other governments. Aoency Funds t These funds are used to account assets that Jeffe on County holds for others in an agency capacity. i , " BASIS OF ACCOUNTING Jefferson County maintains its governmental, fiducia and internal service funds on a modified cash basis method. The basis of accounting refe to when revenues and expenditures are recognized in the accounts and reported in the finan ial statements. Revenues are recognized only when cash is received and expenditures are recognized when paid, including properly chargeable against the report year budget appro riations as required by state law. This prescribed cash basis accounting is a dePFlrture fro generally accepted accounting principles (GAAP). Purchases of capital assets are expensed durinJ the year of acquisition. There is no capitalization of capital assets, nor allocation of de9reciation expense. Inventory is expensed when purchased. . c. BUDGETS AND BUDGETARY ACCOUNTING 1. Scope of Budoet Annual appropriated budgets are adopted f r the general, special revenue and for all proprietary funds. Budgetary accounts are ntegrated in fund ledgers for all budgeted funds. Budgets for debt service, and special assessment funds are adopted at the level of the individual debt issue or project and for Iseal periods that correspond to the lives of debt issues or projects. Since these funds a not budgeted on annual basis, budgetary comparisons are not presented. . Annual appropriated budgets are adopted at e level of the fund. Subsidiary revenue and expenditure ledgers are used to co pare the budgeted amounts with actual revenues and expenditures. As a manage ent control device, the subsidiary ledgers monitor expenditures for individual fun tions and activities by object class. Appropriations lapse at year-end. , 2. Procedures for Adootino the Orioin~l Budoet I The county's budget procedures are mandate by RCW 36.40. The steps in the budget process are as follows: a. Prior to the first Tuesday in Novem r the county auditor submits a proposed budget to the commission. . This bud et is based on priorities established by the commission and estimates provided b county departments during the preceding months, and balanced with revenue e timates made by the county treasurer. 1 The commission conducts public hearlngs on the proposed budget in December. The commission makes its adjustme ts to the proposed budget and adopts by resolution a final balanced budget no I ter than December 31 s1. b. c. d. Within 30 days of adoption the final b dget is available to the public. Washington State Auditor's 2$ r JEFFERSON COUNTY NOTES TO FINANCIAL STATEMENTS JANUARY 1, 2005 through DECEMBER 31, 2005 3. AmendinQ the BudQet The county auditor is authorized by the county commissioners to transfer budgeted amounts between departments within any fundlobject classes within departments. Any revisions that: alter the total expenditures of the county, or that affect the number of authorized employee positions, salary ranges, hours, or other conditions of employment, must be approved by the county commission. When the county commission determines that it is in the best interest of the county to increase or decrease the appropriation for a particular fund or department, it may do so by resolution approved by a simple majority after advertising for two consecutive weeks, and holding one public hearing. The budget amounts shown in the financial statements are the final authorized amounts as revised during the year. d. Assets. Liabilities and Eauities 1. Cash and Equivalents It is the county's policy to invest all temporary cash surpluses. At December 31, 2005, the treasurer was holding $4,679,247 in short-term residual investments of surplus cash. This amount is included in the net cash and investments shown on the statements of fund resources and uses arising from cash transactions. The interest on these investments is prorated to the various funds. 2. Deposits The county's deposits and certificates of deposits are covered by the Federal Deposit Insurance Corporation and/or the Washington Public Deposit Protection Commission. 3. Temporary Investments - See Note #3 4. Amounts Due To and From Other Funds: Interfund Loans and Advances Receivable These accounts include Solid Waste interfund receivables and payables. A separate schedule of interfund loans receivable and payable is furnished in Note #5. 5. Inventories The cost of expendable supplies is recorded as an expenditure at the time individual items are purchased. These supplies are not inventories. Inventories in proprietary funds (Solid Waste) are valued by the FIFO method, which approximates the market value. 6. Accumulated Unpaid Emplovee Leave Benefits Compensated absences are absences for which employees will be paid. The county records all accumulated unused vacation and sick leave. The Compensation time balances at year-end are carried over into the following year. Washington state Auditor's Office 26 - , JEFFERSON COUN NOTES TO FINANCIAL ST A EMENTS JANUARY 1, 2005 through DECE BER 31, 2005 8. Non-represented employees have. Paid Tim~ Off (PTO) in lieu of vacation and sick. Year-end carry over of PTO can be 30-60 da~s depending on length of service. Vacation pay, which may be accumulated Ip to 6 weeks maximum, is payable upon resignation, retirement or death, but. only 3 w eks is allowed to be carried over to a new year. Sick leave may accumulate up to 2 0 days, and upon retirement, employees receive 25% of their sick leave. Capital Assets I Capital assets are long-lived assets of the founty, and are recorded as expenditures when purchased. 1 , Lona-term Debt - See Note #8. I Other Financina Sources or Uses 1 The county's "Other Financing Sources" con~' sts of $583,595 in proceeds from the sale of (timber) assets, and $53,897 transfer from ommunity Service and Law Library funds. The county's "Other Financing Uses" consist of operating transfers made to other funds within Jefferson County. A summary is as fol ows: 7. 10. Receivina Fund Amount Health & Human Services Jeff Com Cooperative Extension Crime Victims Capital Improv Courthouse Natural Resources Parks & Recreation Animal Services Community Development Boating Safety Information Services Total 570,359 233,024 231,871 23,307 290,000 138,137 372,152 78,427 256,298 7,700 158,000 $2,359,275 NOTE 2 - STEWARDSHIP. COMPLIANCE AND AqCOUNTA~ . ! There have been no material violations of finance-related lega~or contractual provisions. The Law Library Fund #140-000-010 expenditures exceede legal appropriations by $187 because a new computer system's over budget function capability was n t tested. The Law Library had $18,668 in fund balance as of December 31, 2005. I I 1 I I I 1 I I ~~~oo ~I.~, 1 27 I JEFFERSON COUNTY NOTES TO FINANCIAL STATEMENTS JANUARY 1, 2005 through DECEMBER 31, 2005 NOTE 3 - DEPOSITS AND INVESTMENTS Deposits The county's deposits and certificates of deposit are entirely covered by federal depository insurance (FDIC) or by collateral held in a multiple financial institution collateral pool administered by the Washington Public Deposit Protection Commission (PDPC). Investments As required by state law, all deposits and investments of the county's funds are obligations of the U. S. Govemment, State Treasurers Investment Pool, bankers' acceptances, or deposits with Washington State banks and savings and loan institutions. All temporary investments are stated at cost. Other property and investments are shown on the combined balance sheet at cost. The county's investments are categorized to give an indication of the risk assumed at year-end. The following summary shows the county's investments at year-end categorized by risk. Category 1 includes investments that are insured, registered or held by the county or its agent in the county's name. Category 2 includes uninsured and unregistered investments, which are held by the broker or dealer, trust departments or agent in the county's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counter party, or its trust department or agent, but not in the county's name. The county holds no category 2 or category 3 investments. Category 1 Carrying Market Value I Amount $ 10,675,574 $ 10,675,574 $10,675,574 -0- -0- -0- 11,157.451 11,157.451 11,012,180 0 0 0 $ 21.833.025 $ 21.833.025 $21.687.755 $ 34.433.372 $ 31.433,372 $ 31.433,372 1.292 1.292 1.292 $ 56.267 .6~0 $ 56.267.690 $ 53.122.419 Time Deposits Repurchase Agreements U.S. Government Securities Bankers' Acceptances TOTALS Investment in State Treasurer's Investment Pool Other Investments (passbook savings/money markets) TOTAL INVESTMENT NOTE 4 - PROPERTY TAXES The county treasurer acts as an agent to collect property taxes levied in the county for all taxing authorities. Collections are distributed at the end of each month. Property tax revenues are recognized when cash is received by the county. Delinquent taxes are considered fully collectible because a lien affixes to the property atter taxes are levied. Property Tax Calendar January 1 February 14 April 30 May 31 Taxes are levied and become an enforceable lien against properties. Tax bills are mailed. First of two equal installment payments is due. Assessed value of existing property is listed by the county assessor for next year's levy at 100 percent of its January 1 market value. Washington State Auditor's Office 28 , I JEFFERSON COUNlrv NOTES TO FINANCIAL STA~EMENTS JANUARY 1, 2005 through DECE~BER 31, 2005 I October 31 I Last official date to file an tppeal of the property assessment to the County Board of Equalization Assessed value of new cons ruction is listed by the county assessor for next year's levy at 100 perce t of its July 31 market value. Second installment is due. July 1 August 31 December 31 Finalized assessment rolls re certified to the county treasurer by the county assessor for next yea ,s levy. I 1 Property taxes are recorded as a receivable when levied, offset by deferred revenue. During the year, property tax revenues are recognized when cash is collected[ The balance of taxes receivable includes related interest and penalties. ~' The combined county operations and county road levy rat s shall not exceed $4.05 per $1,000 of assessed valuation subject to the following limitations: A. The county road levy rate shall not exceed $2.25 per ~ 1,000. I The growth, for County general purpose, to, regular p~operty tax levies in 2004 was limited to 1.0 percent per year based on existing property. Taxfs from new construction property are in addition to the 1.0 percent limitation. I I B. C. The combined statutory limitation of $5.90 per $1,000 for most regular levy rates within any given tax code area is not exceeded (Le. county, city, roads, fire, hospital, library, cemetery, park). D. The Washington State Constitution limits the total reg lar property taxes to 1 percent of assessed valuation. (exclusive of voter approved bonds and ex ess levies, Port levies, and P.U.D. levies). , The county's regular levy for 2005 was $1.72625 per $1,000 on an assessed valuation of $3,137,724,380 for a total regular levy of $5,416,497. I The county is also authorized to levy $2.25 per $1,0.00 of assf' ssed valuation in unincorporated areas for road construction and maintenance. This levy is subject to t e same limitations as the levy for general government services. The county's road levy for 2005 w s $1.29909 per $1,000 on an assessed valuation of $2,362,427,795 for a total road levy of $3,069,006 Of the $3,069,006 road levy, the county diverted $387,105 to ~e General Fund for Sheriff Traffic Deputy costs per RCW 84.52.043 (1) (d). ' NOTE 5 - INTERFUND TRANSACTIONS AND BALANCES I , A. 1. Transactions that would be treated as rev nues, expenditures or expenses if they involved external organizations, such as buyi g goods and services or payments in lieu of taxes, are similarly treated when they involv other funds of the county. i Transfers to support the operations of other fynds are recorded as "Operating Transfers" and classified with "Other Financing Sources qr Uses." 2. 3. Interfund loans do not affect total fund equity, ut advances to other funds are offset by a reservation of fund equity. Washington State Auditor's Ice 29 JEFFERSON COUNTY NOTES TO FINANCIAL STATEMENTS JANUARY 1,2005 through DECEMBER 31, 2005 The following table displays interfund loan activity during 2005: Borrowing Fund Lending Fund Balance 1/1/2005 New Loans Reoavments Balance 12/31/2005 Jeff Com ER&R $157,000 -0- $157,000 -0- NOTE 6 - PENSION PLANS Substantially all county full-time and qualifying part-time employees participate in one of the following statewide local government retirement systems administered by the Department of Retirement Systems (DRS), under cost-sharing multiple-employer public employee retirement systems. Historical trend and other information regarding each plan are presented in the State Department of Retirement Systems 2001 annual financial report. A copy of this report may be obtained at: Department of Retirement Systems Capital Plaza Building 1025 E. Union Street P.O. Box 48380 Olympia, WA 98504-8380 The state legislature established PERS in 1947 under Chapter 41.40 RCW. PERS is a cost-sharing multiple-employer system. Membership in the system includes: elected officials; state employees; employees of the Supreme, Appeals, and Superior courts (other than judges); employees of legislative committees; college and university employees not in national higher education retirement programs; judges of district and municipal courts; non certificated employees of school districts; and employees of local government. Approximately 51 percent of PERS I salaries and 44 percent of PERS 1/ salaries are paid to state employees PUBLIC EMPLOYEE'S RETIREMENT SYSTEMS (PERS) PERS contains three plans. As used in this context, the term plan refers to tiers within PERS. The actual plan is PERS. Participants who joined the system by September 30, 1977, are Plan I members. Those who joined atter October 1, 1977 and by either, August 31, 2002, are Plan" members unless they exercise an option to transfer their membership to Plan III. Retirement benefits are financed from employee and employer contributions and investment earnings. Retirement benefits in both. Plan I and Plan II are vested atter completion of five years of eligible service. Plan I members are eligible for retirement atter 30 years of service, or at the age of 60 with five years of service, or at the age of 55 with 25 years of service. The annual pension is two percent of the final average salary per year of service, capped at 60 percent. Plan II members may retire at the age of 65 with 5 years of service, or at 55 with 20 years of service, with an allowance of two percent per year of service of the final average salary. Plan II retirements prior to 65 are actuarial reduced. There is no cap on years of service credit and a cost-of-living allowance is granted capped at three percent annually. Plan III has a dual benefit structure. Employer contributions finance a defined benefit component, and member contributions finance a defined contribution component. The defined benefit portion provides a benefit calculated at 1 percent of the average final contribution for the greatest compensation during any consecutive 60-month period. Members may retire if they have: at least ten years of service; or five years including twelve months that were earned atter age 54; or five years of service credit years earned in Washington State Auditor's Office 30 JEFFERSON COUNE NOTES TO FINANCIAL ST A EMENTS JANUARY 1, 2005 Ihro4Qh DECE BER 31, 2005 I PERS Plan 2 prior to June 1, 2003. There is no cap on year of service credit, and Plan 3 provides the same cost-of-Iiving allowance as Plan 2. Each biennium the legislature establishes Plan I employer c ntribution rates and Plan II employer and employee contribution rates. Employee contribution rates for !Plan I are established by legislative statute and do not vary from year to year. I PUBLIC EMPLOYEE'S RETIREMENT SYSTEMS (fERS) Employer rates for Plan I are not necessarily ad~quate to ully fund the system. The employer and employee contribution rates for Plan II are developed by th Office of State Actuary to fully fund the system. All employers are required to contribute at the level e tablished by the legislature. The methods used to determine the contribution requirements were establis ed under state statute. The required contribution rates expressed as a percentage o~ covered payroll as of December 31, 2005 ~re: I Plan I Plan II Plan III Employer * Employee 2.44% 6.00% 2.44% 1.18% 2.44%** *** * The employer rates do not include the employer administ tive expense fee currently set at 0.19%. ** Plan 3 defined benefit portion only. *** Variable from 5.0% minimum to 15.0% maxim~m based 1n rate selected by the PERS 3 member. Both county and the employees made the required tontributio s. The county's required contributions for the year ended December 31, were: Plan I Plan II 2005 $14,044 $162,947 2004 $14,724 $116,880 2003 $13,582 $112,326 Plan III $14,519 $9,171 $7,043 LAW ENFORCEMENT OFFICERS' AND FIRE FIG~TERS' R LEOFF was established in 1970 by the legislature under Chafer 41.26RCW. LEOFF is a cost-sharing multiple-employer defined benefit retirement system. embership includes all full-time. fully compensated, local law enforcement officers and.. fire fight 1'$. Retirement benefits are financed by employee and employer contributions, investment' earnings and legislative appropriation. LEOFF is comprised solely of nonstate employees. LEOFF system contains two plans. Participants who joined th~ system by September 30, 1977, are Plan I members. Those who joined thereafter are enrolled in Plap II. Retirement benefits are vested after completion of five years of eligible service. Plan I participants are eligible to retire with five yeal'$ of servic at age 50. The benefit per year of service is as follows: Term of Service 20+ 10-20 05-10 Percent of Final Averaae 2.0% 1.5% 1.0% Washington State Auditor's 31 ce f, ~ JEFFERSON COUNTY NOTES TO FINANCIAL STATEMENTS JANUARY 1,2005 through DECEMBER 31, 2005 The final average salary is based on salary received during the last 2 years of service. Substantial disability and death benefits are provided by the plan. Retirement benefits are indexed to the Seattle area consumer price index. Plan II participants are eligible to retire at the age of 50 with 20 years of service or at 55 with five years of service. Retirement benefits prior to age 55 are actuarial reduced. The benefit is 2 percent of average salary per year of service. The average salary is based on the highest five-year period. Retirement benefits are indexed to the consumer price index with a cap of 3 percent annually. Death and disability benefits are also provided. These benefit provisions wereestablished under the authority of legislative statute. Employer and employee contribution rates for Plan II are developed by the Office of State Actuary to fully fund the system. Plan II employers and employees are required to pay at the level established by the legislature. Plan I employers and employees are required to contribute at a rate of 6 percent and the state is responsible for the balance of the funding. The methods used to determine the contribution requirements were established under the authority of legislative statue. During the 1997 legislative session, a portability benefit was provided for members of LEOFF who later established membership in another system. The required contribution rates expressed as a percentage of covered payroll as of December 31, 2003 were: LEOFF I LEOFF II Employer Employee State 0.19% 0.00% nla 4.39% 6.99% 2.79% Both the county and the employees made the required contributions. The county's required contributions for the years ended December 31, were: 2005 2004 2003 LEOFFI $213 $128 $130 LEOFF II $38,438 $33,879 $31,299 NOTE 7 - RISK MANAGEMENT Jefferson County is a member of the Washington Counties Risk Pool ("Pool") which was formed August 18, 1988 when counties in the State of Washington joined together by signing an interlocal agreement to pool their self-insured losses and jointly purchase insurance and related administrative services. Chapter 48.62 RCW authorizes the goveming bodies of governmental entities to form together into or join a pool or organization for the joint purchasing of insurance, and/or joint self-insuring, and/or joint hiring or contracting for risk management services to the same extent that they may individually purchase insurance, self-insure, or hire or contract for risk management services. This agreement to form the Pool was made pursuant to the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act. The Pool is presently comprised of twenty-eight of the state's counties. The Pool allows its member counties to establish a plan of self-insurance, and to jointly purchase excess insurance and related services. All Pool joint self-insurance liability coverages, including public officials' errors and omissions. are on an "occurrence" basis. The Pool also provides the counties with a property insurance program with extraordinary coverage limits, and has arranged for both special events/concessionaires and environmental insurance coverages to be purchased as group purchase options for its member counties. Washington State Auditor's Office 32 i JEFFERSON COUN~ NOTES TO FINANCIAL ST A EMENTS JANUARY 1, 2oo5lhrough DECE BER 31, 2005 , i I i i I The Risk Pool is governed by a board that is comprised of lone director (and one or more alternates) appointed by each participating member county from the ~ounty's own officials or employees. An executive committee is responsible for overseeing the business affairs of the Pool is selected by the Pool's board of directors from its membership. including alternbte directors, during each annual meeting. Claims . filed with the Pool are subject tolhe dedU". tible am~nt selected by the filing county. Member deductibles range from $10,000 to $500,000 per occurrenc. The Pool, which is fully funded by the annual assessments contributed by its member countie , acquires from unrelated underwriters reinsurance with a self-insured retention of $100,000 per occ rrence and excess insurance. The member counties are responsible for amounts within their deductibles 1 for each claim and the Pool is responsible for any difference remaining up to the $100,000self-insur d retention. The reinsurance an excess insurance carries cover all losses exceeding the greater of e Pool's retention of the member county's deductible to the maximum limits of their policies, presently 20 million or $25 million depending on the member county. Claim reserves are established for the Pol's retention layer for both reported and unreported insured events and include estimates of undisco nted future cash payments of losses and related claim adjustment expenses. .- Member counties contract initially to remain in the Pool for fi e years and renew annually automatically. Following the initialS-year commitment, a county mCl3y terminaf its Pool membership at the conclusion of any Pool fiscal year if the county has timely pro\rided the quired notice. Even after termination. a member county is responsible for contributions to the Poo for any unresolved, unreported, and in- process claims for the period(s) that it was a signatory to the i*erlocal agreement. Under RCW 48.62.141 and the Interlocal Agreement, conting~nt liability of participants in is established if a program's assets are insufficient to cover the program's Ii bilities. Deficits of the Pool are financed through retroactive assessments of the member counties. T e Pool's overall reassessments receivable balance as of December 31,2005 is $1,621,429. Jefferson Co nty's reassessment has been fully paid. The county maintains insurance against most normal haz~rds. The county joined the Washington Counties Risk Pool in October 1989. There is $150.000 mai~tainedas a reserve for the risk pool in the Risk Management Reserve Fund. As of December 31, 200~ the county had $82,002 of loses incurred but not reported (IBNR). 1 UNEMPLOYMENT i The county has elected to become self-insured in unemPloym1nt. The claims are processed through the State of Washington Employment Security Department. Base on the estimates, the county's balance for probable losses at December 31, 2005 was as follows: I Unemploym.ent: $386.r05 Claims settlements for the last quarter of 2005 in the amount bf $173 were payable as of December 31, 2005. The State of Washington Employment Security Departfent bills the county quarterly. No estimate of unpaid claims was available. I NOTE 8 - LONG-TERM DEBT AND CAPITAL LEA~ES A. LONG-TERM DEBT 1 The accompanying Schedule of Long-Term Debt I(SChedule 09) provides a listing of the outstanding debt of the county and summarizes the 1 county's debt transactions for 2005. The annual requirements to amortize outstanding debt, inqluding interest and capital lease payments, are as follows: I I I i -ooroo ~ -~. + I I , /. JEFFERSON COUNTY NOTES TO FINANCIAL STATEMENTS JANUARY 1, 2005 through DECEMBER 31, 2005 G.O OTHER DEBT 2006 2007 2008 2009-2021 TOTAL 956,655 951,843 955,620 9.348.137 $12.247.543 B. SPECIAL ASSESSMENT DEBT Assessment debt is excluded from the amortization schedule above because debt service requirements for special assessment bonds will be met by the collection of assessments receivable that have been levied against property owners. The assessments are liens against the property and subject to foreclosure. The County had $4,146 in outstanding assessment debt as of December 31, 2005. NOTE 9 - CONTINGENCIES AND LITIGATION The County has recorded in its financial statements all material liabilities. Estimates for situations which are not yet resolved or are not yet known are assumed to be covered by Washington Counties Insurance Risk Pool or Jefferson County Insurance reserves. In the opinion of management, the county has adequate insurance and reserves to pay all known or pending claims. As discussed in Note #8, the County is contingently liable for repayment of refunded debt. The County participates in a number of federal-and state-assisted programs. These grants are subject to audit by the grantors or their representatives. Such audits could result in requests for reimbursement to grantor agencies for expenditures disallowed under the terms of the grants. The County management believes that such disallowance, if any, will be immaterial. NOTE 10 - FUND EQUITIES DESIGNATED FUND BALANCES AND RETAINED EARNINGS This category is used to set aside fund equity when county management has plans or tentative commitments to expend resources for certain purposes in future periods. Further legal action will be required to authorize the actual expenses or expenditures. NOTE 11 - POST-RETIREMENT BENEFITS OTHER THAN PENSION BENEFIT In addition to the pension benefits described in Note 7, Jefferson County provides post-retirement health care benefits, in accordance with RCW 41.26, for employees who retired under LEOFF I. Currently, seven retirees meet those eligibility requirements. For LEOFF I retirees Jefferson County reimburses 100% percent of the amount of validated claims for medical, dental, and hospitalization costs incurred by pre-Medicare retirees. Jefferson County also reimburses the Medicare supplement for each retiree eligible for Medicare. Employer contributions are financed on a pay-as-you-go basis. Expenditures for post-retirement health care benefits are recognized as retirees report claims and include a provision for estimated claims incurred but not yet reported to Jefferson County. During the year, expenditures of $45,448 were recognized for post-retirement health care. Washington State Auditor's Office 34 ". , I JEFFERSON COU; NOTES TO FINANCIAL ST TEMENTS JANUARY 1,2005 through DECE BER 31, 2005 1 NOTE 12 - POSTCLOSURE CARE COSTS ! The Solid Waste Post Closure Fund had a balance of $110,l10 at December 31,2005. This allows for approximately $6,000 per year to be transferred into the o~erating fund to cover annual post closure costs for 20 years. This is in compliance with WAC Chapter P3-304-467 (financial Assurance for Public Facilities) for landfills closed after November 27, 1989. 1 I NOTE 13 - OTHER DISCLOSURES I A. PRIOR PERIOD ADJUSTMENTS 1 GENERAL FUND: In the General Fund, there was $1P,565 in prior period corrections. I SPECIAL REVENUE FUNDS: The prior period cOfrections in Special Revenue Funds were: Cooperative Extension, $488; Jeff Com, $550; Hea th & Human Services, $216; Community Development, $95; Roads, $1,322; Equipment Rental $115, and; Infonnation Services, $5,716. NEW FUND NUMBER ~1 R.C, W, 26,12,240 authorized counties to creale a C rthouse Facilitator Fund. and Fund # 106- 000-010 was established to provide basic services to ro se litigants in family law cases. Resolution 55-05 created a Trial Court Improvement ~und (141-000-010) for improvements to district and superior court staffing, programs, facilities pr services. B. R.C.W. 82.45.180(2)(c) requires that the Treasurer de sit certain Real Estate Transfer Fees into a County "real estate tax electronic technology fund". und # 151-000-010 REET Technology Fund was established for this purpose. D. OTHER NOTES: Reconciliation of Statement C-4 and C-5 to Schedule ~ 1 and 12. Schedules 11 and 12 do not reflect any De, cember Jxpenditures paid January, interfund due to and due from or petty cash amounts. (See Schedule 111a). I i I I I _h_~~_~'t 35 ,. " 0- 8 '" 0- 8 0 "- N "'<T '" 4) g N d <Ii N "'<T '3 "o.t: -<> co '0 N M 4) .c u ~ 8 ~ N 8 "- <Ii <Ii <Ii 0 0- f') N N .... C") ... 4) 1i.Q 4) E C 4) E ~ QiC ~'O 0)4) c'O ,g.s >- .... z ;:) o u zoo 04)4) C/?-> O=:~4) w'O.c LL.4)_ LL..c... wuo ~ ~..... It) o o ("'I 8 '" 0 8 "- N "- <Ii -i <Ii ~ f') "'! 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M a- 00 .... ..... M 0\ o N 00 ..... r-: a- M ..., '" o o ..., r' ~ ~ ~ 0\ 0; 0\ 0\ 0\ 0'\ 0'\ 0\ rri ~ t"'"i l'f"i M r<"\ M M f""\ t"'\ f"'\ M ~ 00 e C\., '" l;; u ... ~ o t.t. rJ:l ::r: rJ:l Cl -0 CiS ~ ! ~ a ~ ~ :; 8 ] ~ ~ t.t. ~ ~ ~ ~ ~ ~ ~ :i! :i! :i! :i! '- '- '- '- o 000 ;> ;> ;> >. i5 i5 i5 i5 I I I I i I I Washington StatEi Auditor's ~ce 39 I , ..... ~ ..... N .... 00 ..... r-: a- M '" ..., 00 N g:i ,.; '" '" z u Cl B; E- ~ rJ:l U ~ 5: ] ...: ::r: u ~ 5: a: ::@ ..... ..... N N "'" a- a- 0\ a\ a- a- M t"\ ..., ..., ..., '" .s .s OJ OJ :i! :i! '- '- o 0 :> :> i5 i5 ..., NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS NOTE 1 - BASIS OF ACCOUNTING This schedule is prepared on the same basis of accounting as the county's financial statements. The County uses the cash basis of accounting for all funds. NOTE 2 - PROGRAM COSTS The amounts shown as current year expenditures represent only the federal grant portion of the program costs. Entire program costs, including the county's portion, may be more than shown. NOTE 3 - NONCASH AWARDS-VACCINATIONS The amount of vaccine reported on the schedule is the value of vaccine distributed by Jefferson County during current year and priced as prescribed by Washington State Immunization Program. * This grant is being managed by Jefferson County Community Counseling - a subrecipient. ** These grants are being managed by Clallam-Jefferson Community Action Council - a subrecipient. *** This grant is managed by Cascadia Revolving Fund. Washington State Auditor's Office 40 .;.... ~'~ ..r:g M rtin ~~.. Ne son & jIa... C mpany (Note Consent Agenda or Regular Agenda) (Note Department) JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Jefferson County Board of Commissioners THROUGH: John Fischbach, County Administrator FROM: Judi Morris, Treasurer DATE: April 2, 2007 10:10 a.m. SUBJECT: Approval of Bond Counsel; E911 Bond STATEMENT OF ISSUE: Approval of Bond Counsel ANALYSIS: E-911 commissioners approved a $2,500,000.00 bond for improvements on the E-911 system. Approval for the bond issuance is scheduled for the April 16, 2007 Commissioner meeting. In preparation of th bond issuance a Bond Counsel must be hired. The attached resolution and letter approves hiring of Foster Pepper. FISCAL IMPACT: E=911 sales tax was approved by voters for this purpose and will cover bond costs and repayment. RECOMMENDATION: Approve the resolution for hiring and sign the letter. REVIEWED BY: 3f2S} 0 7 Date