HomeMy WebLinkAboutPR 14618: GENERAL OBLIGATION BONDS (SERIES 2008)Memorandum
Ciry of Pont Arth ur, Texas
Finance Department
To: Steve Fitzgibbons, City Manager ,~
From: Rebecca Underhill, Duector of Fi~~~~d' V
Date: Mazch 18, 2008 I
Subject: Proposed Resolution,14618
Presented for Council consideration and approval is PR 14618. Finance staff has worked with First
Southwest Company to prepaze the preliminary official statement for $9,000,000 General Obligation
Bonds,. Series 2008. The purpose of the preliminazy official statement is to provide financial information
concerning the City and the upcoming bond issue. This preliminary official statement is ready to be
printed and distributed to potential investors and other interested parties.
The purpose of this issue is to fund the following activities, as approved at the November 6, 2007 election.
The allocation of the issue is based upon the spending schedules of the departments. The balance of
authorization in the propositions will be issued in January 2009. -
Proposition No. 1 -Water
Proposifion No. 2 -Public Safety
Proposition No. 3 -Drainage
Proposition No. 4 -Streets
Proposition No. 5 -Business Park
Proposition No. 6 -Pazks
Total
Authorization 2008 GO -2009 GO
$ 4,000,000 $ 1,700,000 $ 2,300,000
3,000,000 1, 5 00, 000 1,500, 000
2,000,000 400,000 1,600,000
3,000,000 1,600,000 1;400,000
3,000,000 3,000,000 -
2,000,000 .800, 000 1,200,000
$ 17,000,000 $ 9,000,000 $ 8,000,000
This resolution is presented for Council to approve the preliminazy official statement and- authorize the
printing and distributing of the document. The sale is scheduled for April 8, 2008.
Z:1FinanceUtesolu[ion5lGeneral Obligation, Series 2008, $9 mi0ion.doc
P. R. NO. 14618
RU 03/18/08
RESOLUTION NO.
A RESOLUTION APPROVING THE FORM AND CONTENT
OF THE PRELIMINARY OFFICIAL STATEMENT FOR
THE SALE OF $9,000,000 CTTY OF PORT ARTHUR,
TEXAS, GENERAL OBLIGATION .BONDS, SERIES 2008
AND AUTHORIZING FIRST SOUTHWEST COMPANY TO
PROCEED WITH THE PRINTING AND DISTRIBUTION OF
SAME IN PREPARATION FOR COMPETITIVE SALE
APRIL 8, 2008.
WHEREAS, on November 6, 2007, the voters approved propositions one through-six authorizing
$17 million of General Obligation debt; and
WHEREAS, the City Council desires to issue $9 million of the authorized debt on April 8, 2008;
and
WHEREAS, the remaining $8 million of authorized debt will be issued in January 2009; and
WHEREAS, the preliminary official statement is required to be prepazed, published and distributed
to potential'investors and other interested parties;.NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF PORT ARTHUR:
Section '1. .The City hereby approves the content of the preliminary official .statement in
substantially the same form as attached hereto, as Exhibit "A": .
Section 2. The City authorizes First Southwest Company to proceed with the printing and
distributing of the same in preparation for competitive sale April 8, 2008.
Section 3. This resolution shall be effective from and after its adoption.
READ, ADOPTED, AND APPROVED, this 25th day of March, 2008, AD, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
NOES:
Mayor
Z:\Finance\Itesolutions\General Obligation, Series 2008, 59 million.doc
ATTEST:
Terri Hanks, Acting City Secretary
APPROVED AS TO FORM:
CONFIDENTIAL MEMO
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
Rebecca Underhill, Finance Director
C:\Dowments andSettings\IegallV.ocal Settings\Temporary Internet Files\OLK140\General Obligation Series 2008 $9 million.doc
EXHIBIT "A"
BOOK-ENTRY-ONLY SYSTEM
NOTICE OF SALE
AND
BIDDLNG LPISTRUCTIONS
ON
$9,000,000
CITY OF PORT ARTHUR, TEXAS
(Jefferson County)
GENERAL OBLIGATION BONDS, SERIES 2008
Sealed Bids Due Apri18, 2008, at 2:00 p.m., CDST
THE BONDS WII.I, BE DESIGNATED AS
"QUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS.
THE SALE
Draft March 10, 1008
BONDS OFFERED FOR SALE AT COMPEit?1VE BIDDING ...Tire City Of Port ArOrm, TeXa$ (the "City") is offering for sale its
$9,000,000 General Obligation Bonds, Series 2008 (the "Bonds").
ADDRESS of BIDS ...Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Mayor and City Council, City of
Port Arthur, Texas", and delivered to the Director of Finance at City Hall, 444 Fourth Stree; port Arthur, Texas, prior to 2:00
p.m., CDST, on the date of the bid opening. All bids must be subailtted on the Official Bid Form, without alteration or
interliaeation.
ELEC1'ROMC BIDDING PROCEDORE ...Any prospective bidder that intends to submit an electronic bid must submit its
electronic bid through the facilities of PARITY. Bidders must submit prior to March 25, 2008, SIGNED Official Bid Forms to Joe
Morrow, First Southwest Company, 1021 Main Street Suite 2200, Houston, Texas 77002. Subscription m Ore i-Deal LLC's
BIDCOMP Competi0ve Bidding System is required in order m submit an electronic bid. The City will neither confirm any
subscription nor be responsible for the failure of any prospective bidder to subscribe.
An electronic bid made through the facilities of PARITY shall be deemed an irrevocable offer to purchase the Bonds oa the
terms provided th the Notice of Sale, and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the
City. The City shall not be responsible for any malfunction or mistake made by, or as a result of the use of the facilities of,
PARITY, the use of such facilities being the sole risk of the prospective bidder.
If any provisions of the Notice of Sale shall conflict with information provided byPARITY as the approved provider of
electronic bidding services, this Notice of Sale shall wntrol. Further information about PARITY, including any fee chazged,
may be obtawed from Paziry Customer Support , 40 West 23~ Stree; 5th Flooq New York, New York 10010, (212) 404-8102.
For purposes of both the written sealed bid process and the electronic bidding process, the time as maintained by
PARITY shall constitute the offcial fime. For information purposes only, bidders are requested to state in their electronic bids
the [true][ne[ ]interest cost to the City, as described under "Basis of Awazd" below. All electronic bids shall be deemed to
incorporate the provisions of this Notice of Sale and the Official Bid Form.
BIDS BY TELEEHONE oR FACBrs+n F ...Bidders must. submit SIGNED Official Bid Forms to JOE MORROW, FIRST
SOUTHWEST COMPANY, 1021 MAIN STREET, HOUSTON, TX 77021, and submit Oreir bid by telephone or facsimile (fax)
on Ore date of the sale.
Telephone bids will be accepted at (713) 654-8690, between 1:00 p.m. CDST and 1:30 p.m. CDST ,
Faz bids must be received between 1;00 p.m. CDST and 1:30 p.m., CDST on the date of the sale at (713) 654-8658, attentidn Joe
Morrow.
First Southwest Company will not be responsible for submitting any bids received after the above deadlines
First Southwest Company assumes no responsibility or liability with inspect to any irregularities associated with the submission
of bids if telephone or fax options are exercised.
PLACE AND TmtE of BID OEENDVG ...The bids for the Bonds will be publicly opened and read in the Office of the Financial
Advisor of the City at 1021 Main Stree; Suite 2200, az 2:00 p.m, CDST, Mach 25, 2008.
AWARD oEraE BONDS ...The City Council will take action to award the Bonds (or reject all bids) at a meeting scheduledto
convene at 6:00 p.m., CDST, on the date of the bid opening, and adopt an ordinance authorizing the Bonds and approving the
Official Statement (the "Ordinance").
THE BONDS
DESCRIPTION ...The Bonds will be dated April 15; 2008 (the "Dated Date"). Interest will assure from the Dated Date and will
be due on Febmary 5, 2009, and each August 1 S and February 15 thereafter mffi the eazlier of maturity or prior redemption. The
-Bonds will be issued only in fully registered form in any integral multiple of 55,000 for any one maturity. The Bonds will
mature on Febmary 15 in each yeaz as follows:
- - MATURITY SCHEDULE -
Due Interest CUSIP Due Interest CUSIP
Feb. IS Principal .Rate Yield Number (0 Feb. 15 Principal Rate Yield Number (0
2009 170,000 2019 450,000
2010 _
310,000 2020 470,000
2011 320,000 - 2021 490,000
2012 335,000 ~ 2022 515,000 -
2013 350,000 ~ ~ 2023 535,000
2014 _365,000 ~ 2024 560,000
2015 380,000 - 2025 585,000
2016 400,000 2026 610,000
2017 415,000 ~ 2027 640,000
2018 435,000 2028 ~ 665,000
OPTIONAL ReosnsTloN ...The City reserves the right at its option, to redeem Bonds having stated maturities on and aRer
Februazy 15, 2019, in whole or in part in principal amounts of 55,000 or any integral multiple thereof, on Febmary 15, 2018, or
any date thereaffir, at the~paz value thereof plus accmed interest m the date fixed for redemption.
Seaw, Bonds pNO/ott TEnaiBONOS ...Bidders may pmvide that all of the Bonds be issued as serial bonds or may provide that any
two or more consecutive amual principal amounts be combined into one or more fine bonds.
MaNdATOxr Stmwve FuNd Redenlrr[oN ... If the successful bidder elects to alter the Maturity Schedule reflected above and
convert the principal amounts of the Serial Bonds into "Term Bonds", such "Term Bonds" shall be subject to mandatory redemption
on the fast February 15 next following the last maturity for Serial Bonds, and annually thereafter on each Febnrary 15_ until the
stated maturity for the Term Bonds at the redemption price of paz plus accrued interest to the date of redemption. The principal
amounts of the Term Bonds to be redeemed on each mandatory redemption date shall be the principal amounts that would have been
due and payable m the Maturity Schedule shown above had no designation of such maturities as Tenn Bonds occurred. At least
thiRy (30) days prior to-each mandatory date, the Paying Agent/Regisaar shall select by lot the Term Bonds to be redeemed and
cause a notice of redemption to be given in the manner provided in the Official Statement.
The principal amount of the Tenn Bonds required to be redeemed pursuant to the opemtlon of such mandatory redemption provisions
may be reduced, at the option of the City, by the principal amount of the Term Bonds of the same maturity which at least fifty (50)
days prior to a mandatory redemption date (i) shall have been acquired by the City at a price not exceeding fhe principal amount of
such Temr Bonds plus assured interest m the date of purchase and delivered to the Paying Agent/Regislrar for cancellation or (ii)
shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a mandatory
redemption requirement
BOOK-ENTRY-ONt.v SrSTeM ...The City intends to utilize the Book-Entry-Only System of The Depository Trust Company
("OTC"). See "Ttts Bortns -Boots-Exr2v-Ot~n.v SYSr&~t" in the Official Statement. ,
Pwvdvc ACeNT/RSCrsxxnR...Tke initial Paying Agent/Registraz shall be Wells Fargo Bank, N.A, Houston, Texas (see "Txs
BoNds - PnviNC Assn r/Ractsrxne" in the Official Statement). -
Souxcs of Pevtuenr ...The Bonds are. direct and voted geaeml.obligations of the City of Port Arthur, Texas, payable out. of
the receipts from an ad valorem tax levied, within the limits prescribed by law, on all taxable property located within the City, as
provided in the Ordinance. Further details regarding the Bonds aze set forth in the Official Statement
CONDFFIONS OF THE SALE
Tree or Bms ,ixn IN'rEItEST Ra't'rs ...The Bonds will be sold in one block on an "All or None" basis, and at a price of not less
than their paz value plus accmed interest from date of the Bonds to the date of delivery of the Bonds. Bidders are invited to
name the rate(s) of interest to be borne by the Bonds, provided that each rote bid must be in a multiple of 1/8 of 1%or 1/l00 of
1% and the net effective interest rate must not exceed IS%. The highest rote bid may not exceed the lowest rate bid by more
than 3% in rate. Using the interest rate established for the February 19, 2019, maturity as the base year, interest rotes for
successive maturities shall be stmctured in ascending order such that for each succeeding maturity, rates shall be equal to or
greater than the interest rate for the maturity of the preceding year. No limitation is imposed upon bidders as to the number of
rates or changes which may be used. All Bonds of one maturity must bear one and the same rote. No bids involving
supplemental interest rotes will be considered. -
Brits rots Awnxn ...Subject to the City's right to reject any or all bids and to waive any irregularities except time of filing, the
sale of the Bonds will be awarded to the bidder or syndicate account manager whose name fast appears on the Official Bid Form
(the "Purchaser") making a bid that conforms to the specthcations herein and which produces the lowest Tme Interest Cost rate to
the City. The Tme Interest Cost rote is that rote which, when used to compute the mtal present value as of the Dated Dale of all debt
service payments on the Bonds on the basis of semi-annual compounding produces an amount equal to the sum of the paz value of
the Bonds plus any premium bid, if any (but not interest accrued from the Dated Date to the date of their dehvery). In the event of a
bidder's error in interest cos[ rote calculations, the interest rates, and premium, if any, set forth in the Official Bid Form will be
considered as the intended bid.
Goon Fwtrx Dseostx .. , A Good Faith Deposit, payable to the "City of Port Arthur, Texas", in the amount of $180,000, is
required. Such Good Faith Deposit shall be a bank cashier's check or certified check, which is-to be retained encashed by the
City pending the Purchaser's compliance with the terms of the bid and the Notice of Sale and Bidding hvstrrrctions. The Good
Faith Deposit may accompany the Official Bid Form or it may be submitted sepazately. If submitted sepazately, it shall be made
available m the City prior to the opening of the bids, and shall be accompanied by instructions from the bank on which drown
which authorize its use as a Good Faith Deposit by the Purchaser who shall.be named in such instructons. The Goad Faith
Deposit of [he Purchaser will be-returned to the Purchaser upon payment for the Bonds. No interest will be allowed on the
Good Faith Deposit. In the event the Purchaser should fail or refuse tb take up and pay for the Bonds in acwrdance with the bid,
-then said check shall be cashed and accepted by the City as full and complete liquidated damages. The checks accompanying _
bids other than the winning bid will be returned immediately after the bids are opened, and an award of the Bonds has been.
made.
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
CUSIP Nunmras ..: It is anticipated that CUSIP identification numbers will appeaz on the Bonds, but neither the failure to print
or Type such number on any Bond nor any ersor with respect thereto shall constitute cause for a failure or refusal by the
Purchaser to accept delivery-of and pay for the Bonds in accordance with the terms of this Notice of Sale and Bidding
Instmctions and the terms of the Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the
Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of the numbers
shall be the responsibility of and shall be paid for by the Purchaser:
DELIVERY OF Botms ...Delivery will be accomplished by the issuance of one Initial Bond (also called the "Bond" or "Bonds"),
either intyped or printed form, in the aggregate principal amount of $9,000;000, payable is stated installments to the Purchaser,
signed by the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by the
Comptroller of Public Accounts. Upon delivery of the Initial Bond, it shall be immediately cancelled and one definitive Band
for each matudTy will be registered and delivered only to Cede & Co., and deposited with DTC w wnnec[ion with DTC's
Book-Entry-Only System. Delivery will be at the principal office of the Paying AgenilRegistrar. Payment for the Bonds must
be made m immediately available funds for unconditional credit to the CiTy, or as otherwise directed by the City. The Purchaser
will be given six business days' notice of the time fixed for delivery of the Bonds. It is anticipated that delivery of the Bond(s)
can be made on or about May 6, 2008, and it is understood and agreed that the Purchaser will accept delivery and make payment
for the Bonds by 10:00 AM, CDST, on May 6, 2008, or thereafter on the date the Bond is tendered for delivery, up to and
including June 3, 2008. If for any reason the City is unable to make delivery on or before June 3, 2008, the City shall
immediately contact the Purchaser and offer to allow the Purcbaser to extend its offer for an additional thirty days. If the
Purchaser does not elect to extend its offer within six days thereafter, then its Good Faith Deposit will be returned, and both the
City and the Purchaser shall be relieved of any further obligation. In no event shall the City be liable for any damages by reason
of its failure to deliver the Bonds, provided such failure is due to circumstances beyond the City's reasonable control.
iii
CONDrrIONS To DELrvexv ...The obligation of the Purchaser to take up and pay for the Bonds is subject to the Purchaser's
receipt of (a) the legal opinion of Vinson & Elkins L.L.P., Houston, Texas, Bond Counsel for the City ("Bond Counsel"), (b) the
no-litigation certificate, and (c) the certification as to the Official Statement, al] as further described in the Official Statement. -
To provide the City with information to enable it [o comply with certain conditions of the Internal Revenue Code of 1986
relating to the exemption of interest on the Bonds from gross income for federal income tax purposes, the Purchaser will be
required to complete, execute, and deliver to the City (on or before the 6th business day prior to the delivery of the Bonds) a
certification regarding "issue price" substantially in the form and to the effect attached hereto or accompanying this Notice of
Sale and Bidding Instructions. In the event the successful bidder will not reoffer the Bonds for sale or has not sold a substantial
amount of bonds of any maturity by the date of delivery, such certificate may be modified in a maaner approved by the City. In
no event will the City fail to deliver the Bonds as a result of the Initial Purchaser's inability to certify actual. sales of
Bonds at a particular price prior to delivery: Each bidder, by submitting its bid, agrees to complete, execute, and deliver such
a certi£cate by the date of delivery of the Bonds, if its bid is acceptedby the City. It wiB be the responsibility of the Purchaser
to institute such syndicate reporting requirements to make such investigation, or otherwise to ascertain the facts necessary to
enable it to make such certification with reasonable certainty: Any questions concerning such certification should be directed to
Bond Counsel. - - ~ -.
LacnL OPRYIONS ...The Bonds aze offered when, as and if issued, subject to the approval of the Attorney General of the State
of Texas. Delivery of and payment for the Bonds is subject m the receipt by the Purchaser of the opinion of Vinson & Elkins
L.L.P, Bond Counsel, substantially m the form reproduced in Appendix C to the Official Statement, to the effect that based upon
an examination of a transcript of certified proceedings of the City relating io the authorization and issuance of the Bonds, the
Bonds are validly issued under the Constitution and laws of the State of Tezas and to the effect that interest on the Bonds is
excludable from gross income for federal income tax purposes under existing law and [hat the Bonds aze not private activity
bonds.
CexrtetcnnoN oa OtmtcrnL Sxaxe~Nx ... At the time of payment for and Initial Delivery of the Bonds, the City will execute
and deliver to the Purchaser a certificate m the form set forth in the Official Statement.
CHANGE W Tax Exetssr Srn'rus . ~.. At any time before the Bonds are tendered for delivery, the Purchaser may withdraw its
bid if the interest receivedby private holders on bonds of the same type and character shall be declared to be includable in gross
income under present federal income tax laws, either by iuling of the Internal Revenue Service or by a decision of any Federal
court, or shall be declared taxable or be required to be taken into account in computing any federal income taxes, by the terms of
any federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding Instructions.
GENERAL
FWANCIAL ADVISOR... Fvst Southwest Company is employed as Financial Advisor to the City in connection with the issuance
of the Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent. upon the
issuance and delivery of the Bonds. First Southwest Company has agreed, in its Financial Advisory contract, not to bid for the
Bonds, either independently or as a member of a syndicate o[ganized to submit a bid for the Bonds. First Southwest Company
in its capacity as Financial Advisor, does not assume any responsibility for the information, covenants and representations
contained in any of the legal documents with respect to the federal income tax status of the Bonds, or the possible impact of any
present, pending or future actions taken by any legislative or judicial bddies.
BLUE Slcv Lnws ... By submission of its bid, the Purchaser represents that the sale of the Bonds in states other than Texas will
be made only pursuant to exemptions from registration or, where necessary, the Purchaser will register the Bonds m accordance
with the securities law of the states in which the Bonds are offered or sold. The City agrees to cooperate with the Purchaser, at
thePmchaseis written request and expense, in registering the Bonds or obtaining an exemption from registration in any state
where such action is necessary, provided, however, that the City shall not be obligated to execute a general or special consent to
service of process in any such jurisdiction.
Nox aN OFFER ro SeLL ...This Notice of Sale and Bidding IIlSW coons does not alone constitute an offer to sell the Bonds, but
is merely notice of the sale of the Bonds. The offer to sell the Bonds is being made by means of the Notice of Sale and Bidding
Instructions, Ure Official Bid Form and the Official Statement. Prospective purchasers aze urged to carefully examine the
Official Statement to determine the investment quality of the Bonds.
IssDA.NCE oe ADDrrtoxAL DEDT ...The City anticipates the issuance of additional general obligation debt within the next
twelve months in the amount of S8,OOQ000.
RATINC$ ... The. presently outstanding tax supported deb[ of the. City is rated "A2" by Moody's Investors Service, Inc.
("Moody's"), "A" by Standard & Poots Ratings Services, A Division of McGcaw-Hill Companies, Inc. ("S&P").
iv
MUNicrPnl, BOND INSURANCE ... Tn the event the Bonds aze qualified for municipal bond insurance, and the Purchaser desires
to purchase such insurance, the cost therefore will be oaid by the Purchaser. Any fees to be paid to the Moody's Investor
Service and Standard and Poor's as a result of said insurance will be oaid by the CiN. It will be the responsibility of the
Pmchaser to disclose the existence of insurance, its terms-and the effect thereof with respect to the reoffering of the Bonds.
TAE OFFICUI. SraTE.vtENT ANn COMPLIANCE wrra SEC Ro[x ISc2-12 ...The Ciry has prepared the accompanying Official
Statement and, for the limited purpose of complying with SEC Rule 15c2-12, deems such Official Statement to be £mal as of its
date within the meaning of such Rule for the purpose of review prior to bidding. To the best knowledge and belief of the City, the
Official Statement contains informatioq including financial infommtion or operating data, concerning every entity, enterprise, fund,
account, or person that is material to an evaluation of the offering of the Bonds. Representations made and to be made by the City
wnceming the absence of material misstatements and omissions m the Official Statement are addressed el§ewhere in this Notice
of Sale and Bidding Instructions and m the Official Statement.
The Ciry will famish to the Initial Purchaser(s), acting through a designated senior representative, in accordance with
ins[mctlons received from the Purchaser(s), within seven (7) business days from the sale date m aggregate of 300 copies of the
Official Statement reflecting interest rotes and other terms relating to the initial reoffering of the Bonds. The cost of any Official
Statement in excess of the number specified shall be prepared and distributed at the cost of the Initial Pmchaser(s). The
Pmchaser(s) shall be responsible for providing in writing the initial reoffering prices and other terms, if any, to the Financial
Advisor by the close of the next business day after the award. Except as noted above, the City assumes no responsibility or
obligation for the distribbtion or delivery of any copies of the Officia] Statement in connection with the offering or reoffering of
the subject securities. ~ -
CoNTINImac DlscwsuRE AGREEMENT ...The City will agree in the Ordinance to provide certain periodic information. and
notices of material events in accordance vvith~Securities and Exchange Commission Rule 15c2-12, as described in the Official
Statement under "Continuing Disclosure of Information". The Pucchaser(s') obligation to accept and pay for the Bonds is~
conditioned upon delivery to the Purchaser(s) or (their) agent of a certified copy of the Ordinance containing the agreement
described under such heading.
COMPLIANCE wrrx PRloR DNDEItTAK4YCS ...The City has complied in all material respects with all continuing disclosure
agreements made by it in accordance with SEC Rule 15c2-12.
ADDTI'IUNAL COPIES OF NOTICE, Bm FORN AND STATEMENT ... A Invited number of additional copses Of this Nntlce Of Sale
and Bidding Instructions, the Official Bid Form and the Official Statement, as available over and above the normal mailing, may
be. obtained at the offices of First Southwest Company, Investment Bankers, 1021 Main Street, Suite 2200, Houston, Texas
77002, Financial Advisor to the City.
On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Bonds, wnfum its approval of the
form and content of the Official Statement, and any addenda, supplement or amendment thereto, and authorize its use in the
reoffering of the Bonds by the Pmchaser.
ATTEST:
lsl Deldris "Bobbie"Prince
Mayor
City of Port ARhm, Texas
ls! Evangeline Yan Green
City Secretary
OFFICLAL BID FORM
Honorable Mayor and City Council
City of Port Arthur, Texas
Members of the City Council:
Apri18, 2008
Reference is made to your Official Statement and Notice of Sale and Bidding Instmctions, dated Mazch 31, 2008 of $9,000,000
CITY OF PORT ARTHUR, TEXAS GENERAL OBLIGATION BONDS, SERIES 2008, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Notice of Sale and Bidding Instmctions and Official Smtement, we will pay
you par and accmed interest from date of issue to date of delivery to us, plus a cash premium of $ not to exceed
$ for Bonds maturing and. bearing interest as follows:
Principal Interest Interest
Maturity Amount Rate Maturity ~ Principal Rate
2009 $ 170,000 -% 2019 $ 450,000 %
2010 310,000 % 2020 470,000 %
2011 320,000 % 2021 490,000 %
2012 335,000 % 2022 515,000
2013 ~ 350,000 % 2023 535,000
2014 365,000 % 2024 560,000 %
2015 380,000 % 2025 585,000 ~ %
.2016 400,000 % 2026 610,000
2017 415,000 - % 2027 640,000
2018 435,000 % 2028 665,000
Of the principal maturities set forth in the table above, term bonds have been created as indicated in the following table (which may
include multiple term bonds, one term bond or no term bond if none is indicated). For those years which have been wmbined into a
term bond, the principal amount shown in the table above shall be the mandatory sinking fund redemption amounts in-such years
except that the amount shown in the year of the term bond maturity date shall mature m such year. The term bonds created are as
follows: - -
Term Bond Yeaz of - Principal
Maturity Date Fhst Mandatory Amount of Interest
Redemption - Tenn Bond. Rate
$ °i°
$ °r°
$ °r°
$ °r°
Our calculatlon (which is not a part of this bid) of the interest cost from the above is:
TRUE INTEREST COST
We aze having the Bonds of the following maturities insured by
at a premium of $ said premium to be paid by the Purchaser Any fees to be
paid to [he rating agencies as a result of said insurance will be paid by the City.
The Initial Bonds shall be registered in the name of
payment for the Bonds, be cancelled by the Paying AgeaVRegistrar.
Co. (OTC's partnership nominee), under the Book-Entry-Only System.
which will, upon
The Bonds will then be registered in the name of Cede &
We agree to accept delivery of the Bonds utilizing the Book•Entry-0nty System through DTC and make payment for the Initial
Bond in immediately available funds in the Corporate Trust Division,: Wells Fargo Bank, N.A., Houston, Texas, not later than
10:00 AM, COST, on May 6, 2008, or thereafter on the date the Bonds are tendered far delivery, pursuant to the terms set forth
in the Notice of Sale and Bidding Instructions. It will be the obligation of the purchaser of the Bonds to complete the DTC
Eligibility'Questionnaire.
The undersigned agrees to complete, execute, and dehver to the City, at least six business days prior to delivery of the Bonds, a
cethfcate relating to the "issue price" of the Bonds in the form and to the effect accompanying the Notce of Sale and Bidding
Instructions, with such changes thereto as may be acceptable to the City.
We~agree to provide in writing the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of
the nett business day after the award.
Respectfully submitted,
Name of Underwriter or Manager
Authorized Representative
Number
Signature
ACCEPTANCE CLAUSE
Syndicate Members:
The above and foregoing bid is hereby in all things accepted by the City of Port Arthur, Texas, subject to and in accordance with
the Notice of Sale and Bidding Instructions, this day of April, 2008.
ATTEST:
Mayor
City of Port Arthur, Texas
City Secretary
x
CERTIFICATE OF UNDERWRI'I'F,R
The undersigned hereby certifies as follows with respect to the bid and purchase of the $9,000,000 City of Port Arthur, Texas,
General Obfigatlon Bonds, Series 2008 (the `Bonds': '
1. The undersigned is the duly authorized representative of the purchaser (the "Purchaser") of the Bonds from the Ciry of Port
Arthur (the "Issuer").
2. All of the Bonds have been offered to members of the public in a bona fide initial offering. For purposes of this Certificate,
the term "public" does not include any bondhouses, brokers, dealers, and similaz persons or organizations acting in the-capacity
ofunderwriters or wholesalers (including the Purchaser or members of the selling group or persons that are related to, or
controlled by, or are acting on behalf of or as agents for the undersigned or members of the selling group).
3. Each maturity of Ore Bonds was offered to the public at a price which, on the date of such offering, was reasonably expected
by the Purchaser to be equal to the fair mazket value of such maturity.
4. Other than the obligations set forth in paragraph 5 hereof (the "Retained Maturity" or "Retained Maturities"), the fust
price/yield at which a substantial amount (i.e., at least tea.(t0) percent) ofthe-principal amount of each maturity of the Bonds
was sold to the public is set.forth below. ~ - -
Principal Principal
Amount Amount
at Maturity Maturity Price/Yield at Maturity Maturity Pdce/Yfield
$ 17Q,000 2009 % $ 450,000. 2019 ~ %
310,000 2010 ~ % 470,000 2020
320,000 2011 ~ % 490,000 2021 %
335,000 2012 % 515,000 ~ ~ 2022 - %
350,000 2013 - % - 535,000 2023 %
365,000 2014 - % 560,000 2024 %
380,000 2015 % 585,000 2025 %
400,000 2016 % 610,000 2026 %
415,000. 2017 % 640,000 2027 %
435,000 2018 % 665,000 2028 %
5. ~ In the case of the Retained Maturities, the Purchaser reasonably expected on the offering date to sell a substantial amount
(i.e., aT ]east ten (10) percent) of each Retained Maturity at the initial offering pdce/yield as set forth below:
Principal Principal
Amdunt Amount
at Maturity _ Maturity Price/Yield at Maturity - Maturity Price/Yield
$ 170,000 2009 - % $ ~ 450,000 2019
310,000 2010 % 470,000 2020
320,000 2011 - % 490,000 2021 %
335,000 2012 °/a 515,000 2022
350,000 2013 4 % 535,000 2023 %
365,000. 2014 % 560,000 2024 %
380,000 2015 % 585,000 2025
40Q,000 -2016 % 610,000- 2026 %
415,000 2017 ~ % 640,000 2027
435,000 2018 % . - 665,000 2028 %
6. Please choose the appropriate statement
( )The Purchaser will not purchase bond insurance for the Bonds
( ) The Purchaser will purchase bond insurance from (the "Insurer") for a fee/premium~of
$ (the "Fee"). The Fee is a reasonable amount payable solely for the transfer of credit risk for the payment of
debt service oa the Bonds and does not include any amount payable for a cost other than such guazantee, e.g., a credit rating or
legal fees. The Pmchaser represents that the present value of the Fee for each obligation wnstituting the Bonds to which such
Fee is properly allocated and which are insured thereby is less than the present value of the interest reasonably expected to be
saved as a result of the insurance on each obligation wnstituting the Bonds. The Fee has been paid to a person who is not exempt
from federal income taxation aad who is not a user or related to the user of any proceeds of the Bonds. Tn determining present
value for this purpose, the yield of the Bonds (determined with regard to the payment of the guarantee fee) has been used as the
discount rate. No portion of the Fee is refundable upon redemption of any of the Bonds in an amount which would exceed the
portion of such Fee that has not been earned.
7. The Pmchaserunderstands that the statements made herein will be rehed upon, by the Issuer vt its effort to comply with the
conditions imposed by the Internal Revenue Code of 1986, and by Bond Comsel in rendering their opinion that the interest on
the Bonds is excludable from the gross income of the owners thereof.
EXECOTED and DELIVERED this day of 2008.
(Name of Purchaser or Manager of Purchasing Syndicate)
sy:
Title:
PRELIMINARY OFFICIAL STATEMENT
Dated
NEW ISSUE -Book-Entry-Only
Ratings:
Moody';: AppGed~For
S&P: AppliedFor
See ("Other Information
Ratings" herein)
In the opinion of Bond Counsel, interest on the Bonds is excludable from gross income for federal income tax purposes under
existing law and the Bonds are not private activity bonds. See "Tax Exemption" herein for a discussion of the opinion of Bond
Counsel, including a description of alternative minimum tax consequences for corporations.
THE BONDS WH,L BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS
$9,000,000
CITY OF PORT ARTHUR, TEXAS -
(Setferson County)
GENERAL OBLIGATTON BONDS, SERIES 2008
Dated~Date: April 15, 2008 - - Due: February 15, as shown on inside cover
PAVxewr TEanis ...Interest on the $9,000,000 City of Port Arthur, Texas, General Obligation Bonds, Series 2008 (the
"Bonds") will accme from April 15, 2008, ([he 'Dated Date") and will be payable February 15 and August 15 of each year
cortuaencing Febmary 15, 2009, and will be calculated on the basis of a 360-day year consisting of twelve 30-day months. The
definitive Bonds will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company
("DTC") pursuant to the Book-Entry-0nly System described herein. Beneficial ownership of the Bonds may be acquired in
denominations of $5,000 or integral multiples thereof No physical delivery of the Bonds will be made to the owners thereoG
Principal of,_premium, if any, andinterest on the Bonds will be payatile by the Paying AgenURegistrar to Cede & Co., which
will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial
owners of the Bonds. See "T[-g Botms -BOOK-Et+Trzv-Om.v Svs'ta~" herein. The initial Paying AgenURegistraz is Wells Fargo
Bank, N.A., HOUSton, Texas (see "Tt~BONOS -PAYWG AGENr/Rfictsl7tAR").
AtrrxotuTV eox IssuartcE ...The Bonds are issued pursuant to the Constitution and general laws of the State-of Texas, (the
"State") including particularly Vemon's Texas Codes Annotated ("V.T.C.A."), Texas Government Code, Chapter 1331, as
amended, and are direct obligations of the City of Port Arthur, Texas (the "City', payable from a continuing ad valorem tax
levied on all taxable property within the City, within the limits prescribed by law, as provided N the ordinance authorizing the
Bonds (the "Ordinance")(see"TttE Boxes-AUrltoarty r:onIssuAxce").
PIIAPOSE ...Proceeds from the sale of the Bonds will be used to make improvements to drainage, pazks and recreation, public
safety, water system, sidewalks, streets and drainage and to pay the costs associated with the issuance of the borids.
SEE INSIDE COVER PAGE FOR MATURITY SCHEDULE
Orr[oxwL REnenrrrtox ...The City reserves the right, at its optioq to redeem Bonds having stated maturities on and after
Febmary I5, 2019, in whole or N part in principal amounts of $5,000 or any integral multiple thereof, on Febmary 15, 2018, or
any date thereafter, at the par value thereof plus accmed interest to the date of redemption (see "Tta: BONDS - OpnoNat.
REDEh1PIlIDN").
MANDATORY $LVRING FuxD REDE3iP1'WN ... In addition to fhe foregoing optional redemption provision, if principal amounts
designated in the serial maturity schedule above are combined to create Term Bonds, each such Term Bond. shall be subject to
mandatory sinking fund redemption commencing on Febnrary IS of the first year which has been combined m form such Term Bond
and continuing on February IS in each year thereafter until Ure stated maturity date of that Term Bond, and the amount required to be
redeemed in any year shall be equal to the principal amount for such yeaz set forth in the serial maturity schedule above. Tenn
Bonds to be redeemed in any year by mandatory sinking fund redemption shallbe redeemed arpaz and shall be selected by lot from
and among the Tenn Bonds then subject to redemption. The City, at its option, may credit against any mandatory sinking fund
redemption requirement Term Bonds of the maturity then~subject to redemption which gave been pmcbased and canceled 6y the City
or have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redempdon requirement.
LacALrrx ...The Bonds are offered for delivery when, as and if issued andreceived by the initial purchaser(s) and subject to
the approving opinion of the Attorney General of Texas and the opinion of Vinson &. Elkins, L.L.P, Bond Counsel, Houston,
Texas (see Appendix C, °FOlwt oe Borro CouNSgl.'s OrwtoN").
Dat,rveav. It is expected that the Bonds will be available for delivery through The Depository Trust Company on May 6, 2008
BIDS DUE APRII, 8, 2008, AT 2:00 PM, CDST
MATURITY SCHEDULE
Due Interest CUSIP Due Interest - CUSIP
Feb. 15 Principal Rate Yield - .Number 0) Feb. 15 Principal Rare Yield Number (p
2009 170,000 2019 450,000
2010 310,000 2020 470,000
2011 320,000 - 2021 490,000 '
2012 -335,000 - 2022 515,000 -
2013 350,000 2023 535,000
2014 365,000 2024 560,000
2015 380,000 2025 585,000
2016 40Q,000 - 2026 610,000
2017 415,000 2027- 640,000
2018 435,000 - 2028 665,000
(Accrued Interest fromApril 15, 2008~to be added)
(1) CUSII' is a registered trademark of the American Bankers Association. CUSIP data herein is provided by Standard and Pools CUSIP
Service Btueau, A Division of the McGraw-Hill Companies, IncThis dam is not intended to create a database and does no[ serve m arty
way as a substitute for the CUSS Services.
(2) The City reserves the right at ifs option, to redeem Bonds having slated maturities on and after February I5, 2019, in whole pr in part in
principal amounts of $5,000 or any integral multiple thereof, on February 15, 2018, or any date thereafter, at the par value thereof plus
accrued interest to the date of redemption -
2
This Official Statement, which incfudes the cover page and the Appendices hereto, does not constitute an offer to sell or the
solicitation of an offer to buy in any jurisdiction to arty person to whom it is unlawful to make such offer, solicitation or sale.
Na dealer, broker, salesperson or other person has been authorized to give irsjormation or to make any representation other than
those contained in this Ojjicial Statement, and, if given or made, such other information or representations must not be relied
upon.
The information set forth herein has been obtained from the City and other sources believed to be reliable, but such injrmation
is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee of the Financial
Advisor. This Official Statement contains, in part, estimates and matters ojopirtion which are not imended as statements ojjact,
and no representation is made as [o the correctness ojsuch estimates acrd opinions, or that they will be realized.
The information and expressions ojopinion contained herein-are subject to change without notice; and neither the delivery of
this O,Jfrcial Statement nor arty sale made hereunder shall, under arty circumstances, create any implication that there has been
no change in the affairs ojthe City or other matters described
TABLE OF CONTENTS
MATURFFY SCHEDULE ......................................2
OFFICIAL STATEMENT SUMMARY ...............4
CITY OFFICIALS, STAFF AND
CONSULTANTS ............................................. 6
ELECTED OFFICIALS .......................................... 6
SELECTED ADMINISTRATIVE STAFF ................... 6
CONSULTANTS AND ADVISORS .......................... 6
INTRODUCTION
THE BONDS ............................................................7
TAX INFORMATION ..........................................11
TABLE 1 -VALUATION, EXEMPTIONS AND
GENERAL OBLIGATION DEBT _ ................14
TABLE2 -TAXABLE ASSESSID VALUATIONS BY
CATEGORY ............................................. . I S
TABLE 3 -VALUATION AND GENERAL
OBLIGATION DEBT HISTORY .................. .16
TABLE 4 -TAX RATE, LEVY AND COLLECTION
HISTORY .................._............................ .16
TABLE S -TEN LARGEST TAXPAYERS........... .16
TABLE 6 -TAX ADEQUACY .......................... .17
TABLE 7 -ESTIMATED OVERLAPPING DEBT. .17
TABLE 8 - INDUSTRIAL DLSTRICT CONTRACT 518
DEBT INFORMATION .......................................19
TABLE 9 -PRO-FORMA GENERAL OBLIGAT ION
DEBT SERVICE REQUIREMENTS ............ ...19
TABLE 10 -INTEREST AND SINKING FUND
BUDGET PROBiCTION ........................... ...19
TABLE 11 - COMPUTAIlON OF SELF-
SUPPORTINGDEBT ............................... ...20
TABLE 12 -AUTHORIZED BUT DNISSUED
GENERAL OBLIGATION BONDS ............. ...20
TABLE 13 -OTHER OBLIGATIONS ................. ...20
FINANCIAL INFORMATION ............................22
TABLE 14 - CHANGES IN NEF ASSETS .............22
TABLE 14 -A -GENERAL FUND REVENUES AND
EXPENDHIJILE HISTORY ..........................23
TABLE 15 - MIINIGIPAL SALES TAX HISTORY 24
TABLE 16 - CURRENT It~IVesTMEN'FS ................26
TAX MATTERS ....................................................27
OTHER INFORMATION ....................:...............29
RATINGS ..............„._......................................:29
LITIGATION ......................................................29
REGISTRATION AND QUALIFICATION OF BONDS
FOR SALE ...:............................................29
LEGAL INVESTMENTS AND ELIGIBII.ITY TO
SECURE PUBLIC FUNDS IN TEXAS ...........29
LEGAL MATTERS .............................................29
AUTHENTICHY OF FINANCIAL DATA AND OTHER
INFDRMATIGN .........................................30
CONTINUING DISCLOSURE OF INFORMATION ...30
FINANCIAL ADVISOR .......................................31
II`BTIAI.PURCHASER .........................................31
FORWARD-LOOKING STATEMENTS DISCLAAIER31
CERT~ICATION OF THE OFFICIAL STATEMENT.32
APPENDICES
GENERAL INFORMATION REGARDING TBE CITY ........ A
ExcERPTS FROM TBE ANNUAL FINANCIAL REPORT.. B
FORM OF BOND COUNSEL'S OPN[ON ........................ C
The cover page hereof, this page, the appendices included
herein and any addenda, supplement or amendment hereto,
aze part of the Otlicial Statement _
3
OFFICIAL STATEMENT SUMMARY
This summary is subject in a ll respects to the more complete information and defmitions contained or incorporated in this
Official Statement. The offering of [he Bonds to potential investors is made only by means of this entire Official Statement No
person is authorized to detach this summary &oai this Ollicial Statement or to otherwise use it without the entire Official
Statement. -
THE CTTY ................................. .... The City of Port Arthur is a political subdivision and municipal corporation of the State,
- located in 7efferson County, Texas. The Ciry covers approximately 87.96 square miles (see
"INTRODUCTION - DESCRIPFION OF CITY").
THE BONDS .............._:............. .... The Bonds are issued as $9,000,000 General Obligation Bonds, Series 2008. The Bonds are
- issued as serial bonds maturing February 15, 2009 through 2028, unless the:pmchaser
designates one or more maturities a5 a Term Bond (see "THE BONDS -DESCRIPTION OF THE
_ BONDS").
PAYMENT OF INTEREST ........._ ._ Interest nn the BOndS accrues from April 15, 2008, and is payable February 15, 2009, and
each August 75 and February 15 thereafter until maturity or prior redemption (see "THE
BONDS - DESCRIPTION OF 7HE BONDS" and "THE BONDS -OPTIONAL REDEMPTION'7.
AUTHORITY FOR ISSUANCE...... .... The Bonds ale issued pursuant to the general laws Of the State, including particularly
V.T.C.A., Texas Government Code, Chapter 1331, and an. Ordinance passed by the City
Council of the City (see "THE BONDS -AUTHORITY FOR ISSUANCE"). -
$ECURl'1'Y FOR THE BONDS...... .... The Bonds constitute direct and voted obligations of the Ciry, payable from the levy and
collecfion of a direct and continuing ad valorem tax, within the limits prescribed by law, on
all taxable property located within the City (see "THE Borms - SecuRiTV AND SOURCE of
PAYMEM"). .
REDEMPTION ........................... .... The Ciry reserves the right, at its option, to redeem Bonds having stated maturities on and
after February 15, 2019, in whole or in part in principal amounts of $5,000 or any integral
- multiple thereof, on February 15, 2018, or any date thereafter, at the par value thereof plus
-
accrued interest to the data of redemption (see "THE BONDS - OPTIONAL REDEMPTION").
TAx ExEntt'rtoN ................:....... .... In the opinion of Bond Comvsel, ffie interest on the Bonds will be excludable firm gross income
- for federal inwme tax purposes under existing law and the Bonds are not private activity bonds.
See "TAx MATIERS - Teix EXEMPI70N° for a discussion of the opinion of Bond Counsel,
including a description of the alternative minimum tax consequences for corporations.
UsE of PROCEEDS .........:......._ .... Proceeds from the sale of the Bonds will be used to make improvements to drainage, parks
- and recreation, public safety, water system, sidewalks, streets and drainage and to pay the
RATINGS .................................. .._ The presently outstanding tax supported debt of the City is rated "A2" by Moody's Investors
Service, Inc. ("Moody's") and "A" by Standard & Poor's Ratings Services, A Division of The
McGraw-Hill Companies, Inc. ("S&P"). Applications for contract ratings on the Bonds have
been made to MOOdy'S and S.@P (see "OTHER INFORMATION - RATMGS'~.
BOOK-ENTRY-ONLY -
SYSrEM .................................... .... The definitive Bonds will be initially registered and dehdered only to Cede & Co., the
nominee of DTC pursuant to the Book-Entry-Only System described herein. Beneficial
ownership of the Bonds may be acquired in denominations of $5,000 or integral multiples
- thereof No physical delivery of the Bonds wilt be made to the beneficial owners thereof.
Principal of, premium, if any, and interest on the Bonds will be payable by the Paying
AgeaNRegistraz to Cede & Co., which will make distribution of the amounts so paid to the
- participating members of DTC for subsequent payment to the beae£cial owners of the Bonds
(see "THE BONDS -BOOK-ENTRY-ONLY SYSTEM") .
QUALIFIED TAX-EXEMPT -
DBLICATIONS._ ....................... ..._. The City will designate the Bonds as "Qualified Tax-Exempt Obligations" for financial
- institutions (see "TAx MATTERS - PDRCHASE of THE BONDS DY FINAxcIAL INSrmIr[oxs").
PAYME\T RECORD .................. .... The City has never defaulted in payment of its general obligation tax debt
SELECTED FLVANCIAr. LVFORMA'IION
Ratio Tax
Fiscal Per Capita General Per ~ Deb[ [o
Year Estimated Taxable Taxable Obligation Capita Taxable
Ended City Assessed Assessed (G.O.) G.O. Assessed
9/30 Popula[ionlrl Valuationhl Valuation Tax Debt Tax Debt Valuation
2003 57;755 $ 1,183,370,370 $ `20,489 $ 80,105,000 $ 1,387 6.77%
2004 57,755 1,122,812,585 19,441 76,655,000 .1,327 6.83%
2005 57,755 1,418,923,933 - 24,568 72,555,000 1,256 .5.11%
2006 57,755 1,527,385,850 26,446- 69,080,000 1,196 4.52%
2007 57,755 1,431,012,945 24,777 66,290,000 1,148 4.63%
2008 - 57,755 1,731,296,115 t3) 29,977 72,000,000 I'I 1,247 1'l 4.16% t'l
(1) Source: 2000 U. S. census held constant
(2) As reported by the Jefferson County and Orange County appraisal District's on City's annual report of property value;
during the ensuing year.
(3) Change in value to losses from property damage ca used by Humcane Rim in 2005.
(4) Projected, includes the bonds.
(5) Portal wllections through December 3l, 2008.
GENERAL FU ND CONSOLIDATED STATEMENT' SUMMARY
For additional information regarding the City, please wntact:
Rebecca Underhill
Duector of Finance
City of Port Arthur
444 41h Street
Port Arthur, TX 77640
409 983 8150
Rebecca~a pormrOtur net
Sce Mortow
or Vice President
First Southwest Company
1021 Main Sheet, Suite 2200
Houston, Texas 77002
(713) 654-8690
jmotrUWl7Q EVStSW.COm
Percent
Total
Collection
98.78
99.68%
98.57%
98.52%
100.03%
71.09°/ I'l
subject b change
5
CTTY OFFICIALS, STAFF AND CONSULTANTS
ELECreu OFFICIALS
City Council
Member
Dolores Prince
Michael Sinegal
Robert Williamson
Jack Chatman, Jr.
Cal Jones
Thomas J. Henderson
John Beard, Jr.
Martin Flood
Willie Lewis
Length of
Service
Position (yrs) (mos) Term Expires Occupation
Mayor 3 10 May-]0 Refved -
Mayor Pro Tem ~ 5 10 May-08 - Educator
Councilmember - 1 10 May-09 Retired
Councilmember 10 May-08 Office Clinic Manager
Councilmember ]0 May-08 Sales Associate
Councilmember 9 10 May-08 Retired
Councilmember 4 10 May-09 Plant Operator
Councihnember 3 10 May-08 Engineering Inspector
Councilmember ~ - 10 May-08 Plant Operator
SELECTED ADMAl1ST141TR'E STAFF
Name
Stephen Fitzgibbons
Rebecca Underhill
Deborah Echols
Terri Hanks
MarKSokolow
CONSULTANTS AND ADVISORS
Auditors for 2005 .....................
Auditors for 2006 ....................
Bond Counsel .........................
Financial Advisor ...................
Position
City Manager
Director of Finance
Asst. Director of Finance
Acting City Secretary
City Attorney
(1) Ms: Hanks was appointed Acting City Secretary on January 1, 2008.
Length of
Service (yrs)
to
14
14
0 t'1
10
W. Botley & Associates
Port Arthur; Texas
Edwards Tate & Fontenot, LLP
Beaumont, Texas
Vinson & Elkins L.L.P.
Houston, Texas
First Southwest Company
Houston, Texas
6
PRELL~IINARY OFFICIAL STATEMENT
RELATING TO
$9,000,000
CTTY OF PORT ARTHUR, TEXAS
GENERAL OBLIGATION BONDS, SERIES 2008
INTRODUCTION
This OfI-icial Statement, which includes the Appendices hereto, provides certain information regarding the issuance of
$9,000,000 City of Port Arthur, Texas, General Obligation Bonds, Series 2008. Capitalized terms used in this Official Statement
have the same meanings assigned [o such terms in the Ordinance to be adopted on the date of sale of the Bonds which will
authorize the issuance of the Bonds, except as otherwise indicated herein.
There follows im this Official Statement descriptions of the Bonds and certaiq information regarding the City and its finances. All
descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such
document Copies of such documents may be obtained from the City's Financial Advisor, First Southwest Company, Houstoq
Texas.
DESC'R[PT[OY of Tae C[TV .The City is a home mle municipality, duly organized and existing under the laws of the State,
including the City's Home Rule Charter. The City was incorporated in 1898, and firs[ adopted its Home Rule Charter m 1963.
The City operates under a CounciVManager form of government with a City Council comprised of the Mayor and eight
Councihnembers. The term of office is three yeazs far the Mayor and six Coancihnembers, the remaining Councilmembers
serve two-year terms. The CityManager is the chief administrative officer for the City. Some of the services that the City
provides are: public safety (police and fire protection), higliways and streets, electriq water and sanitary sewer utilities, health
and social services, culture-recreafion, public transportation, public improvements, planning and zoning, and general
adminisnative services. The 2000 Census population for the City was 57,755. The City covers approximately 87.96 square
miles.
THE BONDS
DFSCam'rtON of Tae Borens ..:The Bonds are dated April 15, 2008, and mature, [or are subject to mandatory redemption prior
to maturity,] on February 15 m each of the years and m the amounts shown on the inside cover page hereof. Interest will be
computed on the basis of a 360-day yeaz of twelve 30-day months, and will be payable on Febmary 15 and August I5,
wmmencing Eebmary 15, 2009. The definitive Bonds will be issued only in fully registered form in any integral multiple of
$5,000 for any one maturity and will be initially registered and delivered only to Cede & Co, the nomwce of The Depository
Trust Company ("DTC") pursuant to the Book-Entry-Onty System described herein. No physical delivery of the Bonds will be
made to the owners thereof. -Principal of, premium, if any, and interest on the Bonds will be payable by the Paying
AgenURegistmr to Cede & Co., which will make distribution of the amounts so paid [o the participating members of DTC for
subsequent payment to the beneficial owners of the Bonds. See "BOOK-Extxr-Om.r~Srsrea-t" herein.
AUfaORITY FOR ISSGANCE ...The Bonds are being issued pursuant to the Constimtion and general laws of the State of Texas,
particularly V.T.C.A., Texas Government Code, Chapter 1331, as amended; eledtion held November 6,-2007, and passedby a
majority of the participating voters; and the Ordinance.
Ske[7errv axn Souttce of PavMeKT ...All taxable property within the City is subject to a continuing direct annual ad valorem
tax levied by the City sufficient to provide for the payment of principal of and interest on all Bonds.
Tax Race LRfITATION ...All taxable property within the City is subject to the assessment, levy and collection by the City of a
continuing, direct annual ad valorem tax sufficient to provide for the payment of principal of and interest on all ad valorem tax
debt within the limits prescribed by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its
maximum ad valorem tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. The Home Rule Charter of
the City adopts the wnstitutionally authorized maximum tax rate of $2.50 per $100 Taxable Assessed Valuation
DPTIONA7. Reuen>p'Ftox ...The City reserves the right, at its option, to redeem Bonds having stated maturities on and after
February 15, 2019, in whole or th part in principal amounts of $5,000 or any integral multiple thereof, on Febmary t5, 2018, or
any date thereafter, at the par value thereof plus accmed interest tb the date of redemption. If less than all of the Bonds are to be
redeemed, the City may select the maturities of Bonds to be redeemed. If less than all the Bonds of any maturity are to be
redeemed, the Paying AgenURegisnaz (or DTC while the Bonds are in Book-Entry-Only form) shall determine by lot the Bonds,
or portions thereof, within such maturity to be redeemed. If a Bond (or any portion of the principal sum thereof) shall have been
called for redemption and notice of such redemption shall have been given, such Bond (or the. principal amount thereof to be
redeemed) shall become due and.payable on such redemption date and interest thereon shall cease to accrue from and after the
redemption date, provided funds for the payment of the redempfion price and accrued interest thereon are held by the. Paying.
Agent/Begistraz on the redemption date.
MnxnaroaY Smx¢ve Fuxn ReoetisTrox ... In addition to the foregoing optional redemption provision, if principal. amounts
designated in the serial maturity schedule above are combined to create Term Bonds, each such Term Bond shall be subject to
mandatory sinking fund redemption wmmencing on February 15 of the fast year which has been combined to form such Term Bond
and continuing on Febmary I S m each year thereafter until the stated maturity date of that Term Bond,. and the amount required to be
redeemed in any year shall be equal to the principal amount for such yeaz set forth in the serial matmity schedule above. Terse
Bonds to be redeemed in any year by mandarory sinking fund redemption shall be redeemed at par and shall be selected by lot from
and among the Temr Bonds then subject to redemption. The City, at its option, may credit against any mandatory sinkiug fiind
redemption requirement Term Bonds of the maturity then subject to redemption which have been purchased and canceled by the City
or have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement.
The principal amount of Term Bonds required to be redeemed pursuant m the operation of such mandatory redemption
provisions may be reduced, at the option of the City, by the principal amount of Term Bonds of the same maturity which (i) shall
have been acqumed by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the
date of purchase and delivered to the Paying AgentBegistraz for cancellation or (ii) shall have been redeemed pursuant to the
optional redemption provisions and not theretofore credited against a mandatory redemption requirement
Nonce oe RenE~nox ...Not less than 30 days prior to a redemption date for the Bonds, tke City shall cause a notice of
redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Bonds to be redeemed, in
who]e or in part, at the address of the registered owner appearing on the registration books of the Paying AgentlRegis[rar at the
close of business on the business day next preceding tke date of mailing such nofice. ANY NOTICE SO MAILED SHALL BE
CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN, WHETHER-OR NOT THE REGISTERED OWNER
RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE BONDS CALLED FOR REDEMPTION SHALL
BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND NOTWITHSTANDING THAT ANY
BOND OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYMENT, INTEREST ON SUCH BOND OR
PORTION THEREOF SHALL CEASE TO ACCRUE.
-Deeeasnxce ~... The Ordinance provides for the defeasance Bf the Bonds when the payment of the principal of and premium, if
any, on the Bonds, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, redemption, or
otherwise), is provided by irrevocably depositing with a paying agent, in trust (1) money sufficient to make such payment or (2)
Defeasance Securities, certified by an independent public accounting fmm of national reputation to mature as to principal and
interest in such amounts and at such times to insure the availability, without. reinvestment, of sufficient money to make such
payment, and all necessary and proper fees, compensation and expenses of the paying agent for the Bonds. The Ordinance
provides that "Defeasance Securities" means (a) direct; noncallable obligations of the United States of America, including
obligations that are uncondifionally guaranteed by the United States of America, (b) noacallable obligations of an agency or
instrumentality of the. United Stares of America, including obligations drat are unconditionally guaranteed or insured by the
agency or instmmentality and that aze rated as to investment quality by a nationally recognized investnent rating firm not less
than AAA or its equivalent, and (c) noncallable obligations of a state or an agency or a county, municipality, or other political
subdivision of a state that have been refunded and that are rated as to investment quality by a nationally recognized investment
rating firm not less than AAA or its equivalent. The City has additionally reserved the tight, subject to satisfying the
requirements of (I) and (2) above, to substitute other Defeasance Securities for theDefeasance Securities originally deposited, to
reinvest the uninvested moneys on deposit for such defeasance and to withdraw for the benefit of the City moneys in excess of
the amount required for such defeasance.
Boca-EM'er-0n'LY Si'S7Eaf... Zhis Becton describes how ownership of the Bomis is to be bansferred and how the principal oj,
premium, if arty, and interest on the Bonds are to be paid to and accredited by DTC while the Bonds are registered in its nominee
name.- The information in This section corrceming DTC and fhe Book-Entry-Only System has been provided by DTC jor use in
disclosure dacwrsents such as this Official Statement The City believes the source of such information to be reliable, but takes no
respansibilityfor the acervacy ar mmpleteness thereof.. -
The City cannot and does not give any assurance that (1) DTC will distribute payments of debt service on the Bonds, or
redemption or other notices, to DTC Participants, (2) DTC Participants or others will distribute debt service payments paid to
DTC or its nominee (as the registered owner ojthe Bonds), or redemption or other notices, to the Beneficial Owners, or that they
will do sa on a timely basis, or (3) DTC will serve and act irs the manner described in this Official Statement. The current rules
applicable to DTC are on file with the Securities and Exchange Commission, and the czvrent procedures of DTC to be followed
in dealing with DTC Participants are on file with DTC.
DTC will act as securities depository for the Bands.. The Bonds will be issued as fully-registered securities registered in the
name of Cede & Co. (OTC's partnership nominee). One fully registered certificate will be issued for each maturity of the Bonds
in the aggregate principal amount of each such maturity and will be deposited with DTC.
DTC, the world's largest depository, is alimited-purpose trnst company organized under the New York Banking Law, a
"banking organization" within the meaning of the New York Ban}ang Law, a member of the Federal Reserve System, a "clearing
corporazion" within the meaning of the New York Uniforat Commercial Code, and a "clearing agency" registered parsuant to the
provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million
issues of U.S. and non-U.S. equity, corporate and municipal debt issues, and money market instrument from over 100 countries
that DTC's participants ("Drect Participants' deposit with DTC. DTC also facilitates the post-trade settlement among Duect
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 includeboth U.S. and non-U.S. securities brokers and dealers, banks, trust companies, cleazing corporations;
and certain otherorganizations. DTC is a wholly-awned subsidiary of The Depository Trust & Clearing Corporation ("DTCC").
DTCC, in turq is owned by a number of Drect Participants of DTC and Members of the National Securities Clearing
Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation (NSCC, FICC, and EMCC, also
subsidiaries of DTCC), 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 cleazing corporations that clear through or maintain a custodial
relationship with a Direct Participant, either dvecily or indirectly ("Indirect Par[icipants'~. 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 az www.dtcacom and www.dtc.org. ~ _
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the
Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be
recorded on the Drect and Indirect Participants' records. Beneficial.Owners will not receive written confirmation from DTC of
their purchase, but Beneficial Owners aze expected to receive written confirmations providing details of the transactions, as well
as periodic statements of thew holdings, from the Direct or Induect Participant through which the Beneficial Owners entered into
the transaction. Transfers of ownership interest in the Bonds are to be accomplished by entries made on the books of Participants
acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in
the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants.with DTC areaegistered in the name of DTC's
partnership nominee, Cede & Co, or such other name as may be requested by an authorized representative of DTC. The deposit
of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the
identity of the Direcf Participant to whose account such Bonds aze credited, which may or may not be the Beneficial Owners.
The Participants~wilt remain responsible for keeping account ofthev holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Drect Participants, by Direct Participants to Indirect Participants,
and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject
to any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to DTC. U less than all of the Bonds within an issue are being redeemed, DTC's practice is to
determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. -
Neither DTC nor Cede & Co. will consent or vote with respect m the Bonds unless authorized by a Direct Participant in
accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the County as soon as possible
after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose
accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Redemption proceeds and principal and interest payments oa the Bonds will be made to DTC. DTC's practice. is to credit Drect
Participants' acwunts, upon DTC's receipt of funds and corresponding detail information from the City or the Paying
Agent/Registrar on payable dates m accordance with thew respective holdings shown on~DTC's rewrds. Payments by
Participants to Beneficial Owners will be governed by standing instructions and customary practices, as m 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 not of DTC, the Paying Agent or the City, subject fo any statutory or regulatory requirements asmay be in effect
from time to time. Payment of redempfion proceeds and principal and interest to DTC is the responsibility of the City,
disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to
the Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Bonds at any fime by giving reasonable
notice to the City and the Paying AgenURegistrar. Under such circumstances, in the event thafa successor securities depository
is not obtained, Bond certificates are required to be printed and delivered. ~ ~ -
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository).
1n that event, Bonds will be printed and delivered
Use raj Certain Terms in Other Sections of this Ojficial Statement... In reading this Official Staement it should be understood
that while the Bonds are is the Book-Entry-Only System, references in other sections of this Official Statement to registered
owners should be read to include the person for which the Participant acquires an interest in the Bonds, but (i) all rights of
ownership must be exercised through DTC and the Book-Entry-Only System, and (ii) except as described above, notices that are
to be givedto registered owners under the Ordinance will be given only to DTC.
Information concerning DTC and the Book-Entry-Only System has been obtained from DTC and is not guaranteed as to
accuracy or completeness by, and is not to be construed as a representation by the City, the Financial Advisor or the
Underwriters. -
Effect of Termination of Book-Entry-Only System In the event that the Book-Entry-Only System is discentinued by DTC or
the use of the Book-Entry-Only System is diswafinued by the City, printed Bonds wilt be issued to the holders and the Bonds
will be subject to transfer; exchange and registration provisions as set forth in the Ordinance and summarized under "THE BONDS
- TRANSFER, EXCHANGE AND REGISTRATION" below.
PAYING AcRNr/RECtsrnAH ... The initial Paying Agent/Registrv ~is Wells Fargo.Bank, N.A, Houston, .Texas. In the
Ordinance, the City retains the right to replace the Paying Agent/Begistraz. The City wvenants to maintain and provide a Paying
Agent/Registraz az all times anti] the Bonds are duly paid and anysuccessor Paying AgentBegistrar shall be a commercial bank
or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as
and perform the duties and services of Paying AgenURegistrar for the Bands. Upon any change in the Paying Agent/Registrar
for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of the Bonds by
United States mail, fast class, postage prepaid, which notice shall also give the address of the new Paying AgenURegistraz.
TRANSRBR, EXCHANGE AND RRCtsTTtATION ... In the event the Book-Entry-Only System should be discontinued, the Bonds
may be transferred and exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender
to the Paying Agent/Registrar and such transfer or exchange shall be without expense or service charge to the registered owner,
except for any tax or other governmental charges required to be paid with respect to such registratioq exchange and transfer.
Bonds may be assigned by the execution of an assignment form on the respective Bonds or bybther instnrment of transfer and
assignment acceptable to the Paying Agent/Registraz. New Bonds will be delivered by the Paying Agent/Registraz, in lieu of the
Bonds being transfered or exchanged, at the designated office of the Paying Agemt/Begistrar, or sent by United States mail, first
class, postage prepaid, to the new registered owner or his designee. To the extent possible, new Bonds issued in an exchange or
transfer of Bonds will be delivered to the registered owner or assignee of the registered owner in not more than three business
days after the receipt of the Bonds to be canceled, and the written instrument of transfer or iegtiest for exchange duly executed
by the registered owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Bonds registered -
and delivered in an exchange or transfer shall be in any integral multiple of $5,000 for any one maturity and for a like aggregate
principal amount as the Bonds surrendered for exchange or transfer. See 'Book-Entry-Only System" herein for a description of
the system to be utilized initially in regazd to ownership and transferability of the Bonds. Neither the City nor the Paying
Agent/Registraz shall be required to transfer or exchange any Bond called for redemption, ht whole or th part, within 45 days of
the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the
registered owner of the uncalled balance of aBond.
RECORD DAxR Roa fNTTSHRST' PAYMervr ...The rewrd daze ("Record Date") for the interest payable on the Bonds on any
interest payment date means the close of business on the last business day of the preceding month. - -
In the event of anon-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such
interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment
of such interest have been received from the City. Notice of the Special Rewrd Date and of the scheduled payment date of the
past due interest ("Special Payment Daze", which shall be 15 days after the Special Record Date) shall be sent az least five
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of
aBond appearing on the registration books of the Paying Agent/Registmr at the close of busimess on the last business day next
preceding the date of mailing of such notice. _ - -
Ro:vDHOI,DeRS' 12EMEDffS ... The Ordinance [does/does no[] specify events of default with respect to the Bonds. If the City
defaults in the payment of principal, interest, or redemption price on the Bonds when due, or if it fails to make payments into any
fund or funds created in the Ordinance, or defaults m the observation or performance of any other covenants, conditions, or
obligations set for in the Ordinance, the registered owners may seek a writ of mandamus to compel City officials to carry out
their legally imposed duties with respect to the Bonds if there is ao other available remedy at law to compel performance of the
Bonds or Ordinance and the City's obligations are not uncertain or disputed. The issuance of a writ of roandamus is controlled
by equitable principles, so rests with the discretion of the court, but may- not be arbitrarily refused There is no accelerafion of
maturity of the Bonds in the event of default and, consequently, the remedy of mandamus may have to be relied upon from year to
year. The Ordinance does not provide for the appointment of a trustee to represent the interest of the bondholders upon any failure
of the Ciry to perform in accordance with the temvs of the Ordinance, or upon any other condition and accerdingly, all legal actions
to enforce such remedies would have to be undertaken at the initiative of, and be financed by; the registered owners. On June 3Q,
2006, the Texas Supreme Court oiled in Tooke v. City ojMexia l97 S W.3"' 325 (I'ex. 200 that a waiver of sovereign immunity
10
in a contractual dispute must be provided for by smmte in "clear and unambiguous" language. Because it is unclear whether the
Texas legislature has effectively waived the City's sovereign immunity from a suit for money damages, bondholders may not be
able to bring such a suit against the City for breach of the Bonds or Ordinance covenants. Even if a judgment against the City
could be obtained, it could not be enforced by direct levy and execution against the City's property. Further, the registered owners
cannot themselves foreclose on property within the City or sell property within the City to enforce the tax lien on taxable property
to pay the principal of and interest on the Bonds. Furthermore, the City is eligible to seek relief from its creditors under Chapter 9
of the U.S. Bankruptcy Code ("Chapter 9°). Although Chapter 9 provides for the recognition of a security interest represented
by a specifically pledged source of revenues, the pledge of ad valorem taxes in support of a general obligation of a banlaupt
entity is not specifically rewgnized as a security interest under Chapter 9. Chapter 9 also includes an automatic stay provision
that would prohibiT, without Bankmptcy Court approval, the prosecution of any other legal action by creditors or bondholders of -
an entity which has sought protection under. Chapter 9. Therefore, should the City avail itself of Chapter 9 protection from
creditors, the ability to enforce would be subject to the approval of the Bankwptcy Court (which could require that the action be
heard in Bankuptcy Court instead of other federal or state court); and the Bankuptcy Code provides for broad discretionary
powers of a Bankmrptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all
opinions relative to the enforceability of the Ordinance and the Bonds are qualified with respect to the customary rights of
debtors relative to their creditors.
Use oPBOtm Peoceens ...Proceeds firm the sale ofthe Bonds aze expected to be expended as follows:
Sources of Funds
Deposit to Construction $ _
Costs of Issuance
Total Somces of Funds - $
TAX INFORMATION
An Vn[,otteat Tnx Lnw ...The appraisal of property widrin the City is the responsibility of the Jefferson County Appraisal District
~(tbe "Appraisal District'. Excluding agricultural and open-space.Lmd, which may be taxed on the basis of productive capacity, the
Appraisal District is required under the Property Tax Code to appraise altproperty within the Appraisal District on the basis of 100%
of its market value and is prohibited from applying any assessment ratios. Ia detemtirnng market value of property, different methods
of appraisal may be used including the cost method of appraisal, the income method of appraisal and market data comparison method of
appraisal, and the method considered most appropriate by the ekdef appraiser is to be used State law furtherlimifc the appraised value of
a residence homestead for a tax year m an amomt not to exceed the less of (1) fire marieet value of the property, or (2) the sum of (a) 10%
of the appraised value of the property far the last year in which the property was appraised for taxation times the numberof years since the
ProPen3' was ~ aPPraised, Plus (b) the appraised value of the property for the last year in which the property was appraised plus (c) the
market value of all new improvements to the property. The value placed upon property within the Appraisal District is subject to
review by an Appraisal Review Board, consisting of three members appointed by the Board of Directors of the Appraisal District.
The Appraisal Disnic[ is required to review the value of properly within the Appraisal District a[ least every three years. The City
may require annual review at its own expense, and is entitled to challenge the-determination of appraised value of property within the
City by pefifion filed with the Appraisal Review Boazd
Reference is made to the V.T.C.A., Propeny Tax Code, for identification of property subject to taxation; property exempt or which
may be exempted from taxation, if claimed; the appraisal of properly for ad valorem taxation purposes; and the procedures and
limitations applicable to the levy and collection of ad valorem taxes.
Article VIII of the State Constitution ("Article VB7") and State taw provide for certain exemptions from property taxes, the valuation
of agricultural and open-space lands at productivity value and the exemptionof certain personal property from ad valorem taxation.
Under Section 1-b, Article VIII, and State law, the govemiag body'of a political subdivision, at its option, may grant: ~(1) An
exemption of not less than $3,000 of the market value of the residence homestead of persons 65 years of age or older and the disabled
from all ad valorem taxes thereafter levied by the political subdivision; (2) An exemption of up to 20% of the market value of
residence homesteads. The minimum exemption under this provision is $5,000. -
Tn the case of residence homestead exemptions granted under Section 1-b, Article VIII, ad valorem taxes may continue [o be levied
against the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of deb[ if
cessation of the lery would impair the obligation of the contract by which the debt was created.
State law and Section 2, Article VIII, mandate an additional property fax exemption for disabled veterans or the surviving spouse or
children of a deceased veteran who died while on active duty in the armed forces; the exemption applies to either real or personal
property with the amount of assessed valuation exempted ranging from $5,000 to a maximum of $12,000.
I1
Effective January 1, 2004, under Article VIII and State law, the governing body of a county, municipality or junior college
district, may freeze the total amount of ad valorem taxes levied on the residence homestead of a disabled person or persons 65
years of age or. older to the amount of taxes imposed in the yeaz such residence qualified for such exemption. Also, upon receipt
of a petition signed by five:percent of the registered voters of the county, municipality orjunior college district, an election must
be held to-0etemrine by majority vote whetherto establish such a limitation on taxes paid on residence homesteads of persons 65
years of age or who are disabled: Upon providing for such exemption, such freeze on ad valorem taxes is transferable to a
different residence homestead and to a surviving spouse living-in such homestead who is disabled or is at least 55 years of age.
If improvements (other than maintenance or repairs) are made to the property, the value of the improvements is taxed at the then
current tax rate, and the total amount of taxes unposed is increased to reflect the new improvements with-the new amount of
taxes then serving as the ceiling on taxes for the following years. Once established, the tax rate limitation may not be repeated or
rescinded.
Article VIII provides that eligible owners of both agricultural land (Secton 1-d) and open-space Lmd (Section Id-1), including
open-space ]and devoted to farm or ranch purposes or open-space land devoted to timber production, may elect to have such property
appraised For property taxation on the basis of its productive capacity. The same land may not tie qualified under both Section I-d
and-l-d-1.
Nonbusiness personal property, sucli as automobiles or light bucks, is exempt firm ad valorem taxation unless the governing body of
a pohtical subdivision elects to tax this prdperty. Boats owned as nonbusiness property are exempt from ad valorem taxation.
Article VIII, Section ly, provides for "freeport property" to be exempted from ad valorem taxation. Freeport property is defined as
goods detained in Texas for 175 days or less for the purpose of assembly, storage, manufacturing, processing or'fabricatian.
Decisions m continue to tax may be reversed in the future; decisions to exempt Freeport property are not subject to reversal.
Under Section 11.253 of the Texas Tax Code, "Goods-in-transit" are exempt from taxaflon unless a taxing unit opts out of the
exemption. Goods-in-transit are defined as tangible personal property that (i) is acquired in or imported into the state to be
forwarded to another location in the state or outside the state; (u) is detained at a locafion in the state in which the owner of the
property does not have a direct ur indirect ownership intrrest far assembling storing, manufacturing, processing, or fabricating
purposes by the person who acquired or imported the property; (iii) is transported to another location in the state or outside the
state not later than 175 days after the date the person acquired the property- in or imported the property into the state; and (iv)
does not include oil, natural gas, petroleum products, aircraft, dealers motor vehicle inventory, dealer's vessel and outboazd
motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory.
The City and the other taxing bodies within its temtory may agree to jointly create tax increment financing zones, under which the
tax values on property in the zone are "frozen" at the value of the property at the time of creation of the zone. The City also may
enter into tax abatement agreements to encourage economic development Under the agreements, a property owner agrees to
wnstruct certain improvements on its property.. The City in turn agrees not to levy a tax on all or part of the increased value
attributable to the improvements until the expvation of fhe agreement The abatement agreement could last for a period of up_to 10
years.
Eeescr[vs Tnx R.sxE .Inn Ro[.t.tWCR Tnx RATE ... By each September 1 or as soon thereafter as practicable, the City
Council adopts a tax rnte per $100 taxable value for the current year. The City Council will be required to adopt the annual tax
rnte for the City before the later of September 30 or the 60ih day after the date the certified appraisal roll is received by the City.
If the City Council does not adopt a tax rnte by such required date the tax mte for that tax yeaz is the lower of the effective tax
rnte. calculated for that tax year or the tax late adopted by the City for the preceding tax yeaz. The tax rate consists of two
components: (1) a rate for funding of maintenance and operation expenditures, and (2) a rnte for debt service.
Under the Property Tax Code, the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate".
Effective. 2005,. a tax rate cannot be adopted by the City Council that exceeds the lower of the rollback tax rate or the effective
tax rateuntil two public hearings have been held on the proposed tax rate following notice of such public hearings (including the
requirement that notice be posted on the City's website if the City owns, operntes.or controls an intemet website and public
notice be given by television if the City lias free access to a television channel) and the City Council has dthervvise complied
with the legal requirements for the adoption of such tax rate. If the adopted tax rate exceeds the rollback tax rate the qualified
voters of the City by petition may require that an election be held to determine whether or not to reduce the tax rate adopted for
the current yeaz to the rollback tax rate.
"Effective tax rate" means the rate that wilt produce last year's total tax levy (adjusted) from this yeaz's total taxable values
(adjusted). "Adjusted" means lost values aze not included in the calculation of last year's taxes and new values are not included
in this year's taxable values. - -
"Rollback tax rate" means the mte that will produce last year's maintenance and operation tax levy (adjusted) from this. year's
values (adjusted) multiplied by 1.08 plus a rate that will produce this year s debt service from this year's values (unadjusted)
divided by the anticipated tax collection rate. -
12
The Property Tax Code provides that certain cities and counties in the Stare may submit a proposition to the voters to authorize
an additional one-half cent sales tax on retail sales of taxable items. If the additional tax is levied, the effective tax rate and the
rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year.
Reference is made to the Property Tax Code for definitive requirements for the lery and collection of ad valorem taxes and the
calculation of the various defined tax rates.
PxoreaTr Assessmerrr avn-T.tx Pernrarvt' ...Property within the City is generally assessed. as of January 1 of each year.
Business inventory may, at the option df the taxpayer, be assessed as of September L Oil and gas reserves are assessed on the
Basis of a valuation process which uses an average of the daily price of oil and gas for the prior year. Taxes become due October
1 of the same yeaz, and become delinquent on Febmary 1 of the following year. Taxpayers 65 years old or older are permitted.
by State law to pay taxes on homesteads m four installments with the first due on Febmary 1 of each year and the final
installment due on August I. '
Pexptnes nh'n INTEREtiT ... Chazges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Cumulative Clunulative
Month Penalty Interest .Total
February 6% 1% 7%
March ~ 2 y
April 8 3 11
May 9 4 13
June l0 5 IS
JuIY 12 6 1g
After July; penalty remains aE 12%, and interest increases at the mte of I% each month. In addition, if an account is delinquent
in July, a 15% attorney's collection fee is added to the total tax penalty and interest charge. Under certain circumstances, taxes
which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per swum with no
additional pewlties or interest assessed. In general, property subject to the City's lien may be sold, in whole or in parcels,
pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and interest against
an estate in bankruptcy. Federal banio:uptcy law provides that an automatic stay of action by creditors and other entities,
including governmental units, goes into effect with the filing of any petition m baalwptcy. The automatic stay prevents
governmental units from foreclosing on property and prevents liens for post-petition taxes from attaching to property and
obtaining secured creditor status unless, in either case, an order lifting the stay is obtained from the banlauptcy court In many
cases post-petitiontaxes are paid as an administrative expense of the estate in bankauptcy or by order of the banlo-uptcy court
Clrx Arrr,rcwnoN of Tpx Cone ..The City grants an exemption to the market value of the residence homestead of persons 65
years of age or olderof 525,000; the disabled are also granted an exemption of $25,000.
The City has granted an additional exemption of 20% of the mazket value of residence homesteads; minimum exemption of
55,000.
See Table 1 for a listing of the~amowts ofthe exemptions described above.
The City has adopted the tax freeze for citizens who are disabled or are 65 years of age or older, which became a local option
and subject to local referendum on 7anuary 1, 2004.
Ad valorem taxes are not levied by the City against the exempt value of residence homesteads for the payment of deb[.
The City does not tax nonbusiness personal property; and Miriam Johnson collects taxes for the City.
The City- does permit split payments, and discowts aze not allowed.
The City does not tax Freeport property.
The City does not collect the additional one-half cent sales tax for reduction of ad valorem taxes.
Tnx Asarenterrr PoLtcr The City has established a tax abatement program to encourage ewnomic development. In order to
be considered for tax abazement, a project must meet several criteria pertaining to job creation and property value enhancement.
Currently, there are no abatement agreements in effect.
Tpx Lvcxemerrr FINANCPIG Zane ...The City may create a Tax Increment Reinvestment Zone. Any value within such a zone
would not be available to tax and pay debt service on the Bonds.
13
TABLEI -VALUATION, EXEMPTIONS A,`IDGENERAL OBLIGATION DEBT
2007/2008 Mazket Valuation Established by Jefferson County and
Orange County Appraisal Districts (excluding totally exempt property) f 1
Less ExemptionsBeductions at 100%Mazket Value:
- Loss Due to Value Limit
Charity-
Over 65 Exemptions
Disabled Persons Exemptions
Homestead Exemptions
Veteran.Homestead Exemptions
2007/2008 Net Taxable Assessed Valuation
$ 62,467,718
$ 2,018,536,595
157,260
90,141,220
21,455,700
' 111,109,892.
1,908,690 287,240,480
$ 1,731,296,115
General Obligation Debt Payable from Ad Valorem Taxes (as of 4/15/2008) .
General Obligation Bonds . - E 40,660,000 -
Certificates of Obbgation 23,405,000
Plus: The Bonds_ 9,000,000 73,065,000
Less: Self-Supporting Debt
Combination Tax & Revenue Certificates of Obligation, Series 2002C lzJ
Total General Obligaton Debt Payable from Ad Valorem Taxes
Interest and Sinking Fund Balance as of 9/302007
Net General Obligation Debt Payable from Ad Valorem Taxes
Ratio of Net General Obligation Debt to Taxable Assessed Valuation
2000 U.S. Census Population - 57,755
Per Capim Taxable Assessed Valuation - 529,977-
" Per Capita Funded Net Debt - $1,112
a a,ooo,ooo
$ 69,065,000
a a,az1,81o
$ 64,243,190
3.71%
(1) As reported by the Jefferson County and Orange County Appraisal Districts on the City's Annual Report of Property Value, subject to change -
during the ensuing year. - .
(2) General obligation debt m the amounts shown for wfiich repayment is provided from revenues of the PoR Arthur Economic Development
Corporation.
14
TABLE 2 -TAXABLE ASSESSED VALUATTONS BY CATEGORY
Taxable Appraised Value, Fiscal Year Ending Sepfrmber 30
Category
Real, Residential, Single-Family
Real, Residential, Multi-Family
Real, Vacant Lots/I'mcts
Aeal, Acreage (Land Only) '
Real, Farm and Ranch Improvements "-
Real, CommerciaNndustrial
Real, Oil, Gaz & Other Mineml Reserves
Real and Tangible Personal, Utilities
Personal
Mobile homes
Total Appraised Value Before Exemptions
Less: Toml Exemptions/Reductions
Net Taxable Assessed Value
Real, Residential, Single-Family
Real, Residential, Multi-Fandly
Real, Vacant Lots?mc[s
Real, Acreage (Iznd Only)
Real, Fans and Ranch Improvements -
Real, Commereial/Industrial
Real, Oil, Gas & Other Mineral Reserves
Real and Tangible Personal, Utilities
Personal
Mobile homes
Total Appraised Value Before Ezemptons
Lessr Total Exemptions/Reductions
Net Taxable Assessed Value
2008 - 2007 200fi
% of %of ~ ~%of
Amount Toml Amowt Total Amount Toml
$ 821,567,120 40.70% $ 620,903,940 37.92% $ 697,349,693 39.54%
78,344,950 3.88% 46,586,550 2.85% 65,241,940 3.70%
47,913,320 2.37% - 38,616,599 2.36% 37,190,451 2.11%
32,116,390 ~ 1.59% 23,493,680 1.43% 23,466,980 1.33%
2,445,760 0.12% 2,047,370 0.13% 2,644,950 0.15%
590,306,340 29.24% ~ 465,479,656 28.43% 521,896,551 29.59%
13,137,020 0.65% 65,007,550 3.97% 46,733,920 2.65%
102,028,205 5.05% 96,621,122 5.90% IOQ,169,927 5.68%
329,732,930 16.34% 277,732,310 16.96% 267,981,260 15.19%
944,560 0.05% ~ 736270 0.04% 995,190 006%
2,018,536,595 100.00% 1,637,225,047 n) 100.00% 1,763,671,162 100.00%
287;240,480 206;212,102 236,285,312
$ 1,731,296,115 $ 1,431,012,945 $ 1,527,385,850
Taxable Ap praised Value, Fiscal Year Ending
2005 2004
of % of
.Amount Total Amount Total
$ 650,514,324 39.57% $ 610,438,339 4].85%
- 66,995,060 4.08% ~ 61,048,410 ~ 4.19%
30,879,951 1.88% ~ 25,609,438 1.76%
28,580,570 1.74% ~ 22,127,760 1.52%
2,557,110 0.16% 2476070 0.17%
462,736,670 28.15%
48,]14,110m 2.93
98,909,750 - " 6.02%
253,705,120 15.43
971,690 0.06%
1,643,964,355 100.IX1%-
225,040,422
$ 1,418,923,933
418,014,010 28.66%
8,076,480 '0.55%
98,953,150 6.78%
210,957,770 14.46%
964,080 0.07%
1,458,665,507 100.00
214,483,922
$ 1,244,181,585
(1) The increase in value is a result ofthe creation of two new gas leases located witrtin the City that began produmion in 2003.
(2) Change m Taxable Assessed' Valuation due to lasses in value from property damage caused by Humane Rita in 2005.
NOTE: Valuations shown are certified taxable assessed values reported by the Sefferson and Osage County Appraisal District to the Slate
Comptroller of Public Accounts. Certified values are subject to change throughout the year az contested values are resolved and [he Appraisal
District updates records. -
15
TABLE J - VALDATION AND GENERAL OBLIGATTON DEBT HISTORY
G.O. Ratio of
Fiscal _ - Taxable Tax Debt G.O. Tax Debt -
Yem' Taxable Assessed Outstanding to Taxable G.O.
Ended Estimated Assessed Valuation at End Assessed Tax Debt
9/30 Population/11 Valuation[''! Per Capita of Yeai Valuation Per Capita
2004 57,755 $ 1,244,181,585 $ 21;542 S 76,655,000 6.16% 1,32.7
2005 57,755 1,418,923,933 - 24,565 72,555,000 5.11% 1,256
2006 57,755 1,527,385,850 26,446 - 69,080,000 4.52% 1,196
2007 57,755 - 1,431,012,945 ts) 24,777 66,290,000 - 4.63% 1,148
2008 57,755 1,731,296,115 29,977 72,000,000141 4.16%t41 1,2471"~
(1) Source: 2000 U.S. Census held constant
(2) As reported by the Jefferson and Orange County Appraisal District on Cit}~s annual Report of Properly Value; subject to change during the
ansuing yeaz. -
(3) Change in value due [o losses from property damage caused by Hurricane Rita N 2005.
(4) Projected, includes the Bonds.
TABLE 4 -TAX RATE, LEVY AND COLLECTION HISTORY
Fiscal Year Assessed Generel Interest and %Curzent %Total
Ended 9/30 Value lrl Tax Rate Fund a) - Sinking Fund R) Taz Levy OI Collections Co1leMions
2003 $ 1,183,370,370 $ 0.7750 $ 0.1073 $ 0.6677 . $ 9,171,120 94.84% 98.78%
2004 1,244,181,585 0.7750 0.2845 0.4905 9,642,407 95.83% 99.68%
2005 1,418,923,933 0.7750 0.2603 0.5147 10,768,223 95.71% 98.57%
2006 .1,527,385,850 0.7750 0.2866 0.4884 10,853,367 95.04% 98.52%
2007 1,431,012,945 0.7750 0.3092 0.4658 11,127,311 95.91% 100.03%
2008 1,731,296,115 0.7600 0.4656 0.2944 13,036,970 70.05% (sl 71.09% (I)
(1) As reported by ttie Jefferson and Orange County Appraisal Distr ict on City's annual Report of Property Value; subject to change during fhe
ensuing year.
(2) Per$100 assessed valuation.
(3) Tax lery does not include Industrial District payments. - -
(4) Projected, includes the Bonds.
(5) Collections for past year only, ttuough December 31, 2007.
TABLE S -TEN LARGEST TAXPAY ERS
2007/08 %ofTotal
- Taxable Taxable
- Assessed Assessed
Name of Taxpayer ~ Natme of Propert y Valuation Valuation
Beaumont HospitalHoldings Inc. Medical 60,637,980 3.50%
Central Mall Partners Retail Mall 36,685,410 ~ 2.12%
Wal MartStores Inc. Retail 36,243,850 2.09% -
Entergy Gulf States, Inc Power Plant/Utility 30,289,860 1.75%
Southeast Hospital ~ Medical 24,173,940 1.40%
ISP Elastomers - Petrochemical 19,746,100 1.14%
Lowe's Home Center Inc. Retail ~ 15,683',960 0.91%
KMCO Port Arthur Inc. Petrochemical 13,215,510 0.76%
Southwestern Bell Telephone Utility 12,951,040 0.75%
Seabulk International ~ Offshore Service - _ 12,089,850 0.70%
$ 128,16Q,260 7.40%
GENERAL OBLIGATION DEBT LL~m~ATTON ... No genera! obligation debt,limitafion is imposed on the City under current State
law or the City's Home Rule Charter (see "TAX RATE LIMI'CAIIOR").
16
TABLE 6 -TAX ADEQUACY
2008 Principal and Interest Requirements ......:............................
$0.3319 Tax Rate at 96%Collection Produces .........................
Maximum Principal and Interest Requirements (2011) ...................
$0.4564 Tax Rate at 96% Collection Produces .........................
Average Principal and Interest Requirements (2008-2028) ..............
$0.2712 Tax Rate at 96% Collection Produces .........................
$ 5,515,926 tr) 0.331876
$ 5,516,325 a~ 0.331900
................... $ 7,584,285 ttl 0.456323
.........:......... $ 7,585,570 t~l 0.456400
...........:....... $ 4,506,812 m 0271161
................... $ 4,507,464 t~l 0.271200
(t) Includes the Bonds.
(2) Tax Ixry is based on Values of the City and does not include Industrial District payments.
TABLE 7 - ESl'D1fATED OVERLAPPING DEBT -
Expenditures of the various taxing entities within the territory of the City are paid out of ad valorem taxes levied by such entities
on properties within the City. Such entities are independent of the~City and may incur borrowings to finance thew expenditures.
This statement of direct'and estimated overlapping ad valorem tax bonds ("Tax Debt") was developed from information
contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for the amountsrelating
to the City; the City has not independently verified the accuracy or completeness of such information, and no person should rely
upon such information as being accurate or complete. Furthermore, certain of the entities listed may have issued additional
bonds since the date hereof, and such entities may have programs requiring the issuance of substantial amounts of additional
bonds, the. amount of which cannot be determined. The following table reflects dre estimated share of overlapping Tax Debt of
the City. _ _
City of Port Arthur -
BeaumontISD
Bridge City ISD
Jefferson County
Jefferson County DD #7
Nederland ISD
Orange Cbunty
Port Arthur ISD
Port Neches-Groves ISD
Port of Port Arthur Navigation District
Sabine Pass ISD
Sabine Pass Port Authority
Total Duect and Overlapping Funded Debt
Ratio of Direct and Overlapping Funded Debt to Taxable Assessed Valuation
Per Capita Overlapping Funded Deb[
(1) Includes the Bonds. Does not include self-supporting debt.
Total
2007/2D08 G.O. Debt Estimated
Taxable 2007/2008 -as of
Assessed Value Tax Rafe 4/15/2008 Applicable
$ 1,731,296,115 ,. $ 0.7600 $ 69,065,000 P) 100.00%
8,500,936,329 1.D950 35,845,000 5.00%
645,53Q,911 1.2200 22,643,925 16.87%
16,569,390,319 -0.3900 75,495,000 8.89%
8,857,696,628 0.1458 - - 17.51%
1,613,207,769 1.1200 12,670,000 8.09%
3,888,102,191 0.5366 1,545,000 - 2.71%
4,185,756,524 1.2784 172,425,000 30.81%
3,007,529,347 1.1925 36,473,192 4.58%
4,845,646,010 0.1282 18,740,000 34.57%
514,619,800 1.1772 9,889,278 17.10%
112,662,820 0.2577 1,380,000 56.62%
City's
Overlapping
G.O. Debt as of
enannnx
b bY,Ub~,UUV
1,792;250
3,820,030
6,711,506
1,025,003
41,870
53,124,143
1,670,472
6;478,418
1,691,067
'781,356
$ 146,201,113
8.44%
$ 2,531
17
Tatst.e ~8 - INVits~ra7nL D7sTlucr CormtacTs
The City taxes property within its corporate limits, but has no such power for property located outside its boundaries. From 1987
through September 30, 2006 the. City has collected an aggregate of approximately $251,360,690 in annual payments from certain
corporations whose properties are located outside the City's boundaries but within the~City's extra-temtorialjurisdictron pursuant
to contrncts with such corporations for such payments (essentially the contracts have been in lieu of annexation and taxation).
Pursuant to a Texas statute adopted in 1963 specifically enabling Texas cities to do so, in December 1975 the City CouncIl
authorized and caused the City to enter into separate contracts ("Industrial District Contracts") with corporations which provided
that the City would not amex such corporate properties during the term of the contract unless the City determined that such
annexation is reasonably necessary to promote and protect the general health, safety and welfare of the persons residing within
the City (but that annexation would not be made for revenue purposes only). The City has contracts with the following
corporations expiring as shown:
Contract Annual
Fhm - Expiration Date Payment
Ail Products - December 31, 2010 trl
BASF Corporation December 31, 2008 $ 432,486 I'I
BASF/Fina Joint Venture December 31, 2008 900,000 1s)
BASF/Sabina/Atofma - ~ December 31, 2017 252,000
Chevron -Phillips Chemical Co{, LLP December 31, 2008 ~ 1,185,000
Chevron USA _ December 31, 2008 150,000 -
Colonial Pipeline Co. December 31, 2011 - 25,000
Exxon Mobil Corporation December 31, 2011 125,000
Exxon Mobil Golden Pass LNG December 31, 2015 ~ 1°l
Great Lakes Carbon Corporation December 31, 2008 183,500
Huntsman Corporation December 3l, 2008 2,050,000
Motiva, Inc. December 3l, 2019 _ 3,700,000 151
Onyx Environmental ~ December 3l, 2010 135,000
Port Arthur Steam Energy - December 3 t, 2010 - 161
Praxair _ _ December 31, 2008 200,000
Premcor Feed and Decoker Project December 31, 2014 969,063 1'1
Premcor Hydroheater - December 31, 2010 ~ 354,110 C00
Premcor Tier II Diesel Project - December 3l, 2009 370,748 f0
Premcor, Inc. ~ December 31, 2008 2,029,684
Premcor, Inc. HOUP December 31, 2008 872,000
Shell Pipeline December 31, 2008 26,500
TOTAL Petrochemicals, Inc. December 31, 2008 2,250,000
U.S. Intec - December 31, 2012 25,000
(1) New project has payments at 75 % of City taxes that would have been paid under an abatement agreement reached with Jefferson County.
(2) New project has payments beginning in fiscal year 2008 at 80 % of tax.
(3) Upgrade and expansion projects have gradually increasing payments begiruting in fisca12002 and extending until the end of We contracts in
2008 (FY 2009).
(4) New project has paymrnfs beginning in fiscal year 2009 at $5,000,000 increasing to $2,100,000 in 2010, and to $2,300,000 in 2014-2016.
(5) Includes new project, payments increase io $4,700,000 in 2010, and m $7,700,000 N 2013 -
(6) New project has paymenu beginning in 5scal year 2009 at 80 % of tax. - -
(7) New project has payments at 75 % of City fazes that would have been paid under an abatement agreement reached with Jefferson County.
18
DEBT INFORMATION
TABLE 9 -PRO-FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS
Fiscal
Yeaz Outstanding t`r Less: Total
Ended Deb[ Service Self-Supporting Plus: The Bonds tr7 Debt Service
9/30 Requrements Debt Principal Interest Total Regurements
2008 $ 5,903,016 $ 387,090 $ 5,515,926
2009 6,262,138 - 387,145 $ 170,000 $ 513,746 - $ 683,746 6,558,738
2010 7,098,700 386,690 310,000 374,206 684,206 7,396,216
20(1 7,289,191 385,725 320,000 360,819 680,819 ,
7,584,285
2012 6,802,377 384,509 335,000 346,900 681,900 7,099,768
2013 6,799,606 388,696 350,000 332,344 682,344 7,093,254
2014 6,835,523 392;770 365,000 317,150 ~ 682,150 7,124,903
2015 5,802,212 390,975 380,000 301,319 681,319 6,092,556
2016 5,341,056 .393,345 400,000 284,744 684,744 5,632,455
2017 5,371,974 394,740 .415,000 267,425 682,425 5,659,659
2018 5,370,538 400,010 435,000 249,363 684,363 5,654,890
2019 5,382,944 399,290 450,000 230,556 680,556 5,664,211
2020 5,394,109 402,375 470,000 211,006 681,006 5,672,740
2021 4,193,555 404,125 490,000 I9D,606 680,606 4,470,036
2022 3,047,725 404,875 515,000 169,250 684,250 3,327,100
2023 - - 535,000 146,938- 681,938 681,938
2024 - - 56Q,000 - 123,669 683,669 - 683,669
2025 - - 585,000 98,972 683,972 683,972
2026 - - 610,000 72,450 682,450 682,450
2027 - - 640,000 44,323 684,325 684,325
2028 - - _ 665,000 14,963 679,963 679,963
Total ~ 8 ,89~ 5~ 9p2,g6p 9,0 0,000 4~ 13,650,749 94,643,053
(1) "lTrts[anding Debt"does not include lease/purchase obligations.
(2) Average life of the issue - I ].891 years- Inkrest on the Bonds has been calculakd at the rak of 5.00% for purposes of illustration.
TABLE SO -INTEREST AND SINKING FUND BUDGET PRO.IECTION
Tax Supported Debt Service Requirements, Fisca l Year Ending 9/30/2008 $ 5,515,926
Estimated Lease Payments - - 611,768
Interest and Sinking Fund Bal ance, 8/31/2007 $ 4,821,810
Interest and Sinking Fund Tax Lery @ 96% Collectionstrl ~ 4,893,058
Estimated Investment Income 250,000
Estimated. Transfers In 387,090 10,351,958
Estimated Balance, 9/30/2008 ~ $ 4 224 264
(1) The levy is based on fhe value of the City; does not include Industrial District values
19
TABLE II - COhffUTATION OF SELF-SUPPORTLNG DEBT
Revenue Available for Debt Service from Waterworks and Sewer System (9/30/07) $ 4,535,131
Water and Sewer System General Obligation Bond Requirements (9/30/08) 2,777,795
Balance - - $ 1,757,336
Percentage of Water and Sewer System General Obligafion Bonds Self-Supporting 100.00%
Revenue Available for Debt Service from Solid Waste Fund (9/30/07) $ (82,906)
Solid Waste General Obligarion Bond Requirements (9/30/08) 48,673
Balance $ (131,579)
Percentage of Solid Waste General Obligation Bonds Self-Supporting -170.33%
Gross Sales Tax Receipts from 4A Corporation (9/30/07) ~ S 3,644,004
Sales Tax Revenue Bond Requirements (9/30/08) ~ 578,491
Balance Available for General Obligation Requirements ~ $ 3;065,513
Genera] Obligation Bond Requirements Supported by Inter-Local Agreement (9/30/08) 385,450
Balance ~ .. - $ - 2,680,063
Percentage General Obligation Bonds Supported by Inter-Local Agreement Self-Supporting - 100.00%
TABLE IZ -AUTHORIZED BUT UNLSSUED GENERAL OBLIGATION BONDS
Date of
Authorization Purpose
0120/79 Waer and Sewer
01/17/81- -Water and Sewer
l 1/06/07 Water
ll/06/07 Public Safety Improvements
11/06/07 Drainage Improvements
11/06/07 Stree[&Drainage
11/06/07 Streets & Sidewalks
11/06/07 Parks & Recreation
Totals
Amount
Amount Previously Amount Authorized
Authorized Issued This Issue But Unissued
$ .6,500,000 $ 784;507 $ - $ 5,715,493 t~]
24,670,000 - - 24,670,000 m
4,000,000 - 1,700,000 2,300,000
3,000,000 ~ - 1,500,000 1,500,000
2,000,000 - 400,000 1,600,000
3,000,000 ~ - 3,000,000 -
3,000,000 - 1,600,000 1,400,000
2,000,000 - 800,000 1,200,000
$ 48,170,000 $ 784,507 $ 9,000,000 $ 38,385,493
(1) Unissued debt may omy be used. for improvements witltin the previous boundaries of Park Central MUD, which was annexed effective
September 3Q 2001.
ANTICmATED IRSUANCE of GENERAL OBLIGATION DEBT ...The City anticipates the issuance of additional general obligation
debt within the next twelve months in the amount of $8,000,000.
TABLE I3-OTBER OBLIGATIONS
Fiscal Year Rolling Computer Telephone
Ended 9/30 Equipment System System Equipment Total
2008 $ 188,099 $ 52,433 $ 84,051 $ 287,087 $ 611,670
2009 - 52,433 84,051 287,087 423,571
2010 - - 52,433 84,051 - 287,087 423,571
2011 - - 84,051 287,087 371,138
- 2012 - - 71,772 71,772
Total 188,099 157,299 336,204 1,220,120 1,901,722
Interest (5,079) (10,317) (31,21]) (99,082) (145,689)
Net Present Value $ 183,020 $ 146,982 $ 304,993 $ 1,121,038 $ 1,756,033
20
Paxstox Fuxn ... The City provides pension benefits for all of its full-time employees through the Texas Municipal Retirement
System ("TMRS"), a State-wide administered pension plan. The City makes annual contributions to the plan equal to the
amounts accrued for pension expense. (For more detailed information concerning the retirement phu>, see Appendix B,
"Excerpts from the City's Annual Financial Report" -Note # D.)
Ontea Posi-EthPLOVnrexT Baxasrts ... In addition To providing pension benefits through the Texas Municipal Retirement
System, the CiTy has opted to provide ehgible retired employees with the following post-employment benefits:
Eligible retirees may purchase health insurance from the City's healthcare provider at the City's cost to cover
current employees
Eligible retirees may pmchase health insurance from the City's healthcare provider at approximately 50-75
percent of the Ciy's cost to cover current employees for dependents if the dependents were covered at the point
of retirement
The CiTy recognizes its share of the costs of providing these benefits when paid, on a "pay-as-you-go" basis. These payments are
budgeted annually. The amomt budgeted for the fiscal year ending September 30, 2008 is $25Q,OD0. The expenditure for the
fiscal year ending September 3Q, 2007 was, $210,174. At September 30, 2007, there were approximately 226 participants,
retirees and dependents, eligible to receive such benefits.
Commencing in fiscal 2009,-the City will implement GASB Statement No. 45 'Accoanting and Financial Reporfing by
Employers jor Post~mployment Benefits Otker Than Pensions." In connection with such implemenmtion, an actuarial study is
in progress. City Staff has received a Preliminary Draft of such actuarial study from an outside consultant regarding the City's
OPEB obligations. The Drag indicates an Actuarial Accmed Liability as of September 30, 2007 in the range of $51,368,695
million to $93,76Q,224 million. City Staff has not completed they review of the analysis and assumptions contained m the Dmft.
The results of this review will be presented to Ure City Council in the next few months.
For more information concerning the City's post-employment benefits, see the City's Comprehensive Annual Financial
Statements and the notes thereto ("Appendix B").
21
FINANCIAL LYFORMATION
TAale 14 - C1IANGFS w NeT Assays
For Fiscal Year Ended September 30
Revenues 2007 2006 2005 2004 2003
Program Revenues:
Charges for services
- $ 3,341,887 $ 2,460,858 $ 2,063,159 $ 1,796,883 $ 2,139,344
Opem[ing grants 9,666,676 12,003,439 5,701,339 7,199,995 4,803,189
CaPi~Br~ls 80,551 4,(46,167 1,78409 413,514 182,512
General Revenues:
Ad valorem taxes 11,424,235 12,432,896 11,102,923 9,810,300 9,295,652
Industrial revenue 15,259,958 14,898,245 14,179,684 13,325,800 13,343,972
Gross receipts taxes 3,933,880 3,219,599 2,858,715 2,547,414. 2,578,504
Sales tax 7,288,008 6,939,254 5,651,775 5,323,127 4,860,621
Otber fazes 793,620 667,218 496,789 ~ 474,722 426,160
Investment earnings 1,221,857 971,310 815,493 479,080 727,260
Miscellaneous 3,885,701
- 7,942,824 1,066,517 414,325 168,917
Total Revenues $ 56;896,403 $ 65,681,810 $ 45,720,603 $ 41,785,160 $ 38,526,131
Expenses
General government -
~ $ 15,620,967 $ 2Q, 168,793 $ 6,826,332 $ 6,630,177 $ 5,692,837
Public safety 22,822,830 21,074,558 21,583,467 ~_ 19,466,665 17,994,721
Public works 11,859,564 11,348;530 11,677,900 6,000,333 5;902,588
Community development 1,453,406 1,565,422 ~ 1,526,504 1,982,109 3,354,389
Culture and recreation 5;824,415 2,993,539 3,432,762 2,904,238 2,696,507
Health and welfare 2,106,857 1,831,279 2,024,499 1,746,368 1,679,535
Public transportation 2,122,404 1,938,632 1,604,625 1,60I,850~ 1,613,232
Interest on long-term debt 2,753,310 3,002,311 - 3,325,994 3,556,107 3,508,014
Total Expenses $ 64,563,753 $ 63,920,064 - $ 52,002,083 $ 43,887,847 $ 42,442;123
Increases (decreases)in net - ~ - -
azsetsbefore transfers $ (7,667,350) $ 1,761,746 $ (6,281,480) $ (2,102,687) $ (3,915,992)
Transfers 7,224,926 6,245,740 6,082,634 7,334,192 7,682,145
Increases in net assets $ (442,424) $ - 8,007,456 $ (198,846) $ 5,231,505 $ 3,766,153
Net azsets-beginning of year 29,116,827 21,109,341 (q 21,939,148 0) 35,908,125 (q 36,399,089
Net assets-end of year $ 28,674,403 $ 29,116,827 $ 21,740,302 $ 41,139,630 - $ 40,165,242
22
TABLE 14 -A -GENERAL FUND REVENUES AND EXPENDITURE HISTORY
For Fiscal Year Ended September 30,
,. Revenues: - 2007 - 2006 2005 2004 2003
Taxes $ 16,020,891 $ 15,196,087 $ 12,650,425 $ 12,173,603 $ 9,438,159
Industrial dis[rtct payments 1.5,259,988 14,898,245 14,179,684 13,325,800 ~ 13,343,972
Licenses and permits 1,152,675 668,483 ~ 276,052 239,364 313,080
User fees 301,775 337,018 368,885 415,274 372,988
'Fines and forfeitures 1,091,252 748,423 707,951 652,193 - 637,322
Intergovenrmenml 215,963 195,564- 501,664 822,634 393,100
Interest revenue 446,802 347,541 200,135 119,308 144,399
Miscellaneous 1,416,310 217,962 256,286 268,654 158,932
Total revenues $ 35,905,656 $ 32,609,323 $ 29,141,082 $ 28,016,830 $ 24,801,952
Expenditures
General government - $ 7,849,285 ~$ 6,505,418 $ 5,994,196 $ 6,295,678 $ 5,491,712
Public safety .2,929,124 20,257,087. 79,790,565 18,916,542 17,721,756
Culture and recreation „ 21,890,906 2,503,076 2,793,563 2,689,221 2,485,401
Health and welfare ~ 873,228 821,389 .813,301 ~ 647,988 624,032
Public works 6,866,478 5,905,021 6,308,724 5,920,879 6,009,871
Capital ou0ay - - 6,795
Total expenditures $ 40,409,021 $ 35,991,991 $ 35,700,349 $ 34,477,103 $ 32,332,772
Excess (deficiency) of revenges
over expenditures (4,503,365) (3,382,668) (6,559,267) (6,460,273) (7,530,820)
Other financing sources (uses): ..
iransfersin $ 8,006,457 $ 7,178,378 S 7,321,063 $ 7,392,254 $ 8,477,838
Transfersout (2,548,499) (1,317,235) (1,790,468) (874,786) (763,000)
Total other financing sources (uses) $ 5,457,958 $ 5,861,143 $ 5,530,595 $ 6,517,468 $ 7,714,838
Net change in fund balance $ 954,593 $ 2,478,475 $ (1,028,672) $ .57,195 $ 184,018
Find balance, beginning of year $ 10,953,885 $ 8,921,563 $ 9,950,235 $ 9,893,040 $ 9,598,210
Prior period adjustment (446,153) I (0,812
Fund balance, end of year $ 11,908,478 $ 10,953,885 $ 8,921,563 $ 9,950,235 $ 9,893,040
23
r
TABLE ZS -MUNICIPAL SALES TAX HISTORY
The City has adopted the Municipal Sales and Use Tax Ac; VATCS, Tax Code, Chapter 321, which grants the City the power to
impose and levy a 1% Local Sales and Use Tax within the City; the proceeds are credited to the Geneml Fund and are not pledged to
the payment of the Bonds. Collections and enforcements are effected through the offices of the Comptroller of Public Accounts,
State of Texas, who remits the proceeds of the tax, after deduction of a 2% service fee, to the City montldy.
%of Equivalent of
Fiscal Year Total Ad Valorem Ad Valorem Per
Ended 9/30 Collected ~ Tax Levy Tax Rate Capita
2003 $ 4,860,621 53.00% $ 0.4107 $ 84
2004 5,323,127 - - _ 55.21% 0.4278 92
2005 5,651,775 52.49% - -0.4068 98
2006 6,939,254 63.94% 0.4955 120
2007 7,288,008 65.50% 0.5076 126
2008 O) 2,321,308 17.81% 0.1353 - 40
(1) As of December 31, 2007.
The sales tax breakdown for the City is as follows:
Economic and Community Development .50%
Comty~Sales & Use Tax .50%
City Sales & Use Tax ~ 1.00%
State Sales & Use Tax 6.25%
Total 8.25%
FINANCIAL POLICIES
Boris ofAccountin~ The City policy is to adhere to the accounting principles set out by Statement No. 1 issued by the National.
Council on Governmental Accounting, as amended. (See APPENDIX B - "AUDrfED FINANCIAL SrarEMENTS FOR iBe Ctn of
PORT ARTiRJR FOR rtm PERIOD ENDED SEPTEMBER 3O, ZOOS ")
General Fund Balance: The City Comcil'sfmancial policies require the General Fund balance to be maintained at a level equal
to 60 days of operating expenditures plus an emergency reserve of $1.5 million.
Budnetarv Procedures: The City policy is to begin the budgetary procedure at the departrnent level in June of each yeaz. The
department heads submit theu budget request to the Dvector of Financial who assembles and prepares a budget requirement
workbook for each department for submission to the City Manager. After the City Manager reviews and meets with department
heads, the City Manager submits a proposed budget to the City Council on or before August 31 of each yeaz. The Council holds
public heazings and a £mal budget must be preparedand adopted by September 30.
1NVESrhffiN75
The City of Port Arthur invests its investable funds in investments authorized by Texas law in accordance with invesment policies
approved by the City Council of the City of Port Arthur. Both state law and the City's investment policies are subject m change.
LEGAL INVESrMEN7S ...Under Texas law, the City is authorized to invest m (I) obligations of the United States or its agencies
and instrumentalities, including letters of credit; (2) dvect obligations of the State of Texas or its agencies and instrumentalities;
(3) collateralized mortgage obligations drrectly issued by a federal agency or instrumentality ofthe United States, the underlying
security for which is guaranteed. by an agency or ins[rnmentality of the United States; (4) other obligations, the principal and
interest of which is guaranteed or insured by or backed by the full faith and credit of, the State of Tezas or the United States or
their respective agencies and instrumentaGfies; (5) obligations of states, agencies, counties, cities, and other political subdivisions
of any state rated as to investment quality by a nationally recognized invesmrent rating faro not less than A or its equivalent; (6)
bonds issued, assumed or guaranteed by the State of Israel; (7) certificates of deposit meeting the. requvements of the Texas
Public Funds Investment Ac[ (Chapter 2256, Texas Godemment Code, as amended) that are issued by or through an institution
that either has its main office or a branch in Texas, and are guaranteed or insured by the Federal Deposit Insurance Corporation
or the National Credit Union Shaze Insurance Fund, or are secured as to principal by obligations described in clauses (1) through
(6) -or in any other roamer and amount provided by law for City deposits; (8) fully collateralized repurchase agreements that
have a defined termination date, aze fully secured by obligations described in clause (1), and are placed through a primary
government securities dealer or a fmancial institution doing business in the State of Texas, (9) securities leading programs if (i)
the securities loaned order the program are 100% collateralized, a loan made order the program allows for-termination at any
24
time and a loan made under the program is either secured by (a) obligations that aze described in clauses (1) through (6) above,
(b) irrevocable letters of credit issued by a state or national bank that is continuously rated by a nationally recognized investment
rating fain at not less than A or its equivalent or (c) cash invested in obligations described in clauses (1) through (6) above,
clauses (11) through (13) below, or an authorized investment pool; (ii) securities held as collateral under a loan aze pledged to the
City, held in the City's name and-.deposited at the time the investment is made with the City or a third parry designated by the
City; (iii) a loan made under the program is placed through either a primary government securities dealer or a. financial
institution doing business in the State of Texas; and (iv) theagreement to lend securities has a tens of one year~or less, (]0)
certain bankers' acceptances with the remaining term of 270 days or less, if the short-term obligations of the accepting bank or its
pazent are rated at least A-1 or P-1 or the equivalent by at least one nationally recognized credit rating agency, (11) commercial
paper with a stated maturity of 270 days or less that is rated at least A-tor P-1 or the equivalent by either (a) fwd nationally
recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper-is fully kecured by an
'vrevocable letter of credit issued by a U.S. or state bank, (12) no-load money mazket mutual funds registered with and regulated
by the Securities and Exchange Commission that have a dollaz weighted average stated maturity of 90 days or less and include in
their investment objectives the maintenance of a stable net asset value of $1 for each share, and (13) no-load mutual funds
registered with the Securities and Exchange Conunission that have an average weighted maturity of less than two yeazs, invest
exclusively in obligations described m the this paragraph, and are continuously rated as to investment quality by at least one
nationally recognized investment rating firm of notless than AAA or its equivalent In additioq bond proceeds may be invested
in guaranteed investment contracts that have a defined termination date and aze secured by obligations, including letters of coedit,
of the United States or its agencies and instrumentalities m anamount at least equal to the amount of bond. proceeds invested
cinder such contract, other than the prohibited obligations described in the next succeeding pamgmph..
The City may invest in such obligations directly or through goverment investment pools that invest solely N such obligations
provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service.
The City is specifically prohrbited from investing in:-(1) obligations whose payment represents the wupon payments on the
outstanding principal balance.of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose
payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest; (3)
collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage
obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
Governmental bodies in the State aze authorized to implement securities lending programs if (i) the securities loaned under the
program are collateralized, aloan made under the program allows for termination a[ any time and a loan made under Ore program
is either secured by (a) obligations that are described in clauses (1) through (~ of the first paragraph under this subcaption, (b)
inevocable letters of credit issued by a state or national bank that is continuously rated by 8 nationally recognized investment
rating firm not less than "A" or its equivalent, or (c) cash invested in obligations that aze described m clauses (1) through (6) and
(10) through (12) of the first pazagraph under this subcaptioq or an authorized investment pool; (ii) securities held as collateral
under a loan are pledged to the governmental body, held in the name of the governmental body and deposited at the time the
investment is made with the Agency or a third party designated by the Agency; (iii) a loan made under the program is placed
through either a primary government secmities dealer or a financial institution doing business in the State of Texas; and (iv) the
agreement to lend securities has a term of one year or less.
Lwxs't'mEErv'r PoLtctes ...Under Texas law, the City is required to invest its funds under written investment policies that primarily
emphasize safety of principal and liquidity; that address investment diversificatioq yield, maturity, and the quality and capability of
investment management; and that includes a list of authorized investments for Ciry funds, maximum allowable stated maturity of any
individual investment and the maximum average dollar-weighted maturity allowed for pooled fund groups. All City funds must be
invested consistent with a formally adopted "Investment Strategy Smtement" that specifically addresses each funds' investment Each
Investrnent Strategy Statement will descn'be its objectives concerning: (1) suitability of investment type, (2) preservation and safety of
principal, (3) liquidity, (4) marketability of each investment, (5) diversification ofthe poffioho, and (~ yield.
Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of
pmdence, discretioq and intelligence would exercise in the management of the person's own affairs, not for speculatioq but for
investment; considering the probable safety of capital and the probable income to 6e derived." At least quarterly the investment
officers of the City shall submit an investment report detailing: (I) the investment position of the City, (2) that all investment officers
joinOy prepared and signed the report. (3) the begiruilng market value, any additions and changes to mazket value and the ending
value of each pooled fund grouq (4) the book value and market value of each separately htated asset at the beginning and end of the
reporting period, (5) the maturity date of each separately invested asset, (~ the account or fund or pooled fiord group for which each
individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted investment
strategy statements and (b) slate law. No person may invest City funds without express written authority from the City Council
25
Annmor+,v. PnovLStoNS ...Under Texas ]aw the City is additionally required to: (1) annually review itsadopted policies and
strategies; (2) require any investment officers' with personal business relationships or relatives with Earns-seeldng to sell securities to
the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (3) reqube Ne
registered. principal of 5rms seeking to sell securities 1o the City to: (a) receive and review the City's investrent policy, (b)
acknowledge that reasonable wntrols and procedures have been implemented to preclude impmdent investment activities, and (c)
deliver a written statement attesting to these requirements; (4) perform an annual audit of the management controls on investrnents and
adherence to the City's investment policy; (5) provide specific investment trnin~n° for the Treasurer, Chief Financial Officer and
investment officers; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse
repurchase agreement funds to no greater than the term of the reverse~repmchase agreement; (7) restrict its investment in mutual
funds in the aggregate to no more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves
and other funds held for debt service, and to invest ao portion of bond proceeds, reserves and funds held for debt service, in
mutual funds; and (8) require local government invesmrent pools to confoan to the new disclosure, mtiag, net asset value, yield
calculatioq and advisory boazd requirements.
TABLE 16 - CtmEen'r Invesr~rrrs
As of January 31, 2008, the City's investable funds were invested in the following categories:
%of
Total
Texpool 77.18%
US Government Agencies 22.82%
100.00%
Book Market
Value Value
$ 26,154,443 $ 26,154,443
7,734,506 7,799,563
$ 33,888,949 $ 33,954,006
26
TAX MATTERS
TAx EXEMPIfON ... In the opinion of Vinson & Elkins L.L.P., Bond Counsel, (i) interest on the Bands is excludable from gross
income for federal income tax purposes under existing law and (ii) the Bonds are not "private activity bonds" under the Internal
Revenue Code of 1986, as amended (the-"Code"), and interest on~ihe Bonds will not be subject to the alternative minimum tax on
individuals and corporations, except as described below m the discussion regarding the adjusted current earnings adjustment for
corporaions. -
The Code imposes a number of requirements that must be satisfied for interest on state or local obligations, such as the Bonds, to
be excludable from gross income for federal income tax purposes. Theserequvements include limitations on the use of proceeds
and the source of repayment, limitations on the investment of proceeds prior to expenditure, a requirement that excess azbitrage
earned on the investment of proceeds be paid periodically to the United States, and requirement that the issuer file.an information
report with the Internal Revenue Service. The City'has covenanted in the Ordinance that it will comply with these requirements.
Bond Counsel's opinion will assume continuing comphance with the covenants of the Ordinance pertaining to those sections of
the Code which affect the exclusion fmm gross income of interest oa the Bonds for federal income tax purposes and, th addition,
will rely on representations by the City, the City's Financial Advisor and initial purchasers of the Bonds with respect to matters
solely within the knowledge of the City, the City's Financial Advisor and the initial purchasers of the Bonds, respectively, which
Bond Counsel has not independently verified. If the City should fail to comply with the covenants in the Ordinance or if the
foregoing representations should be determined to be idaceurate or incomplete, interest on the Bondscould become taxable from
the date of delivery of the Bonds, regardless of the date on which the event causing such taxability occurs.
The -Code also imposes a 20% alternative minimum tax oD the "alternative minimum taxable income" of a corporation, if the
amount of such alternative minimum tax is greater than the amount of the corporation's regular income tax. Generally, the
alternative minimum taxable income ofa corporation (other than any S corporation, regulated investment company, REIT,
REMIC or FASIT), includes 75% of the amount by which its "adjusted current earnings" exceeds its other "alternative minimum
taxable income." Because interest on tax-exempt obligations, such as the Bonds, is included in a corporation's "adjusted current
earnings," ownership of the Bonds could subject a corporation to alternative minimum tax wnsequences.
Under the Code, taxpayers are required to report on their returns the amount of tax-exempt interest, such as interest on the
Bonds, received or accrued during the year.
Except as stated above, and as stated below in "Tax Accounting Treatment of Original Lssue Discount Bonds", Bond Counsel
will express no opinion as to nay federal, state or local tax"consequences resulting from the ownership of, receipt of interest on,
or disposition of, the Bonds
Prospective purchasers of the Bonds should be aware that the ownership of tax-exempt obligations may result in collateral
federal income tax consequences to fmancial institutions, life insurance and property and casualty insurance companies, certain 8
corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits,
taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obhgations, taxpayers
owning an interest in a FASTT that holds tax-exempt obligations, and individuals otherwise qualifying for the earned income
credit. In addition, certain foreign corporations doing business io the U.S. may be subject to the "branch profits tax" on their
effectively-connected earnings and profits including tax-exempt interest such as interest on the Bonds. These categoriesof
prospective purchasers should consult their own tax advisors as to rice applicability of these consequences. -
Bond Counsel's opinions are based on existing law, which is subject to change. Such opinions are further based oa Bond
Counsel's knowledge of facts as of the date hereof. Bond Counsel assumes no duty to update or supplement its opinions to
reflect any facts or circumstances that may thereafter come to Bond Counsel's attention or to reflect any changes in any law that
may thereafter occur or become effective. -.
Moreover, Bond Counsel's opinions are not a guarantee of result and are not binding on the Internal Revenue Service (the
"Service"); rather, such~opinions represent Bond Counsel's legaljudgment based upon its review of existing law and th reliance
upon the representations and covenants referenced above that it deems ielevant to such opinions. The Service has an ongoing
audit program to determine compliance with rnles that relate to whether interest on state or local obhgations is includable in
gross income for federal income tax purposes. No assurance can be given whether or not the Service will commence an audit of
the Bands. If an audit is commenced, in accordance with its current published procedures the Service is likely to treat the City as
the taxpayer and the Owners may not have a right to participate in such audit.
PURCHASE OF .THE BONDS DY FINANCIAL INSTTTUTIONS ...The Code requires a pro rata reduction in the interest expense
- deduction of a fmancial institution to reflect such financial institution's investment in tax-exempt obligations acqurred after
August 7, 1986. An exception to the foregoing provision is provided in the Code for "qualified tax-exempt obhgations", which
include tax-exempt obligations, such as the Bonds, (a) designated by the issuer as "qualifed taxexempt~obligations" and (b)
issued by a political subdivision for which the aggregaze amount of taxcxempt obligations (not including private activity bonds
other than qualified 501(c)(3) bonds) to be issued during the calendar yeaz is not expected to exceed $10,000,000.
27
The-City will designate the Bonds as "qualified tax-exempt obligations" and has represented that the aggregate amowt of tax-
exempt bonds (including the Bonds) issued by the City and entities aggregated with the City order the Code during calendar yeaz
1995 is not expected to exceed $10,000,000 and that the City and entities aggregated with the City order the Code have not
designated more than $10,000,000 in "qualified tax-exempt obligations" (including the.Bonds) during calendaz year 1995.
Based on the foregoing representations, Bond Cowsel's opinion will state that the Bonds are "qualifiedtax-exempt obligations"
order existing law.
Notwithstanding this exception,-fmancia] institutions acquiring the Bonds will be subject to a 20% disallowance of allocable
interest expense.
Tax Accoutvx~c Trsc+a'rvgr+'r or ORIG¢iAL Issus Dtscotm r Borros ...The initial public offering price for certain of the
Bonds may be less than the principal amount thereof (the "Original Issue Discowt Bonds"). Ia such case, Bond Cowsel, order
existing law and based upon the assumptions hereinafter stated, will render an opinion to the effect that:
(a) The difference between (i) the. amowt payable at the maturity of each Original Issue Discowf Bond, and (ii) the initial
offering price to the public of such Original Issue DiscountBved wnstitutes original issue discowt with respect to such Original
Issue Discowt Bond in the hands of nay owner who has purchased such Original Issue Discowt Bond in the initial public
offering of the Bonds; and
(b) Such initial owner is entitled to exclude from gross income (as defined in Section 61 of the Code) an amowt of income with
respect to such Original Issue Discowt Bond equal to that portion of the amowt of such original issue discowt allocable to the.
period that such Original Issue Discowt Bond continues to be owned by such owner.
In the event of the redemption; sale or other taxable disposition of sucfi Original Issue Discowt Bond prior to stated maturity,
however, the amowt realized by such owner in excess of the basis of such Original Issue Discowt Bondin the hands ofsuch
owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Original Issue
Discowt Bond was held by such initial owner) is includable in gross income. (Because original issue discount is treated as
interest for federal income tax purposes, the discussion regarding interest on the Bonds order the caption "Tax_Exemption"
generally applies, except as otherwise provided below, to odginal.issue discowt on an Original Issue Discount Bond held by an
owner who purchased such Bond at the initial offering price m the initial public offering of the Bonds, and should be considered
m cowection with the discussion in this portion of the Official Statement J -
-In rendering the foregoing opinion, Bond Cowsel will assume, m reliance upon certain representations of the initial purchaser,
that (a) the initial purchaser has purchased the Bonds. for contemporaneous sale to the public and (b) atl of the Original Issue
Discount Bonds have been initially offered, and a substantial amowt of each maturity thereof has been sold, to the general
public in arm s-length transactions for a price (and with no other consideration being included) not more than the inital offering
prices thereof. Neither the City nor Boad Counsel wartants that the Original Issue Discowt Bonds will be offered and sold in
accordance with such assumptions. Certain of the representations of the initial purchaser, upon which Bond Counsel will rely in
rendering the foregoing opinion, will be based on records or facts the initial purchaser had no reason to believe were not correct.
Under existing law, the original issue discowt oa each Original Issue Discowt Bond is accrued daily to the stated maturity
thereof (in amowts calculated as described below for each six-month period ending on the date before the semi-annual
anniversary dates of the date of the Bonds and ratably within each such six-month period) and the accmed amowt is added to an
initial ownei s basis for such Original Issue. Discowt Boad for purposes of determining the amowt of gain or loss recognized by
such owner upon the redemption, sale or other disposition thereof The amowt to be added to basis for each accrual period is
equal [o (a) the sum of the issue price and the amowt of original issue discowt accrued in prior periods multiplied by the yield
to stated maturity (determined on the Basis of compowding at .the close of each accrual period and properly adjusted for the
length of the accrual period) less (b) the amowts payable as current interest during such accrual period on such Bond.
The federal income tax consequences of the purchase, ownership, and redemptive, sale or other disposition of Original Issue
Discowt Bveds which are not pmchased N the initial offering at the initial offering price may be determined according to roles
which differ from those described above. All owners of Original Issue Discow[ Bonds should consult their own tax advisors
with respect to the determination for federal, state, and local income tax purposes of interest accrued upon redemption, sale or
other disposition of such Original Issue Discount Bonds and with respect to the federal, state, local and foreign tax consequences
of the purchase, ownership, redemption, salear other disposition of such Original Issue Discover Bonds.
28
`OTHER INFORMATION
RATINGS
The presently outstanding tax supported debt of the City is rated "A2" by Moody's and "A" by S&P . Applications for contract
ratings on this issue havebeen made to Moody's and S&P. An explanation of the sigdiflcance of such ratings may be obtained
frdm the company famishing the rating. The ratings reflect only the respective views of such organizations and the City makes
no representatidn as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given
period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies , if in
the judgment of either of both companies ,circumstances so warrant Any such downwazd. revision•or withdrawal of such
ratings, or either of them,. may have an adverse effect on the market price of the Bonds.
LTrIGATION
It is the opinion of the City Attorney and City Staff that there is no pending litigation against the City that would have a material
adverse financial impact upon the City or its operations. - _
REGISTRATION AND QUALIFICATION OF BONDS FOB SALE
The sale of the Bonds has not been registered under the Federal Securities Act of 1933; as amended, in reliance upon the
exemption provided there under by Section 3(a)(2); and the Bonds have not been qualified underthe Securities Act of Texas in
reliance upon various exemptions contained therein; nor have the Bonds been qual~ed under the securities acts of any
jurisdiction. The City assumes no responsibility for qualification of the Bonds under the securities laws of any jurisdiction in
which the Bonds may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for
qualificaton for sale or other disposition of the Bonds shall not be constmed as an interpretation of any kind with regazd to the
availability of any exemption from securities registration provisions.
LEGAL INVESTMENTS AND ELIGIBiLFEY 70 SECURE PUBLIC FUNDS IN TEXAS
Section 1201.041 of the Public Security Procedures Act (Chapter 1201, Texas Government Code) provides that the Bonds aze
negotiable instruments governed by Chapter 8, Texas Business and Commerce Code, and are legal and authorized investments
for insurance companies; fiduciazies, and trustees, and for the sinking funds of municipalities or-other_political subdivisions or
public agencies of the State of Texas. With respect fo investment in the Bonds by municipalities or other political subdivisions
or public agencies of the State of Texas, the Public Funds Investment AcS Chapter 2256, Texas Govemmeot Code, requires that
the Bodds be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency. See "OTHER
INFORMATION -Ratings" herein. Tn addition, various provisions of the Texas Finance Code provide that, subjecfto a pendent
investor standard, the Bonds are legal investments for state banks, savings banks, tmst companies with az capital of one million
dollars or more, and savings and loan associafions. The Bonds are eligible to secure deposits of any public funds of the State, its
agencies, and its political subdivisions, and are legal security for those deposits to the extent of their mazket value. No review by
the CiTy has been made of the laws in other states to deteraune whether the Bonds are legal investments for various institutions in
those states.
.LEGAL MATTERS
The City will famish a complete transcript of proceedings had incident to the authorization and issuance of the Bonds, including
the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bonds and to the effect that the
Bonds are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the
approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Bonds will be excludable from
gross income for federal income tax purposes under existing law and. the Bonds are not private activity bonds, subject m the
matters described order "Tax Matters" herein, including alternative minimum .tax wnsequences for corporations. The
customary-closing papers, including a certificate to the effect that no litigation of any name has been filed or is then pending to
restrain the issuance and delivery of the Bonds, or which would affect the provision made for their payment or security, or in any
manner questioning the validity of said Bonds will also be famished. Bond Cdunsel was not requested to participate, and did not
take part, in the preparation of the Notice of Sale and Bidding lustmctions, the Official Bid Form and the Official Statement, and
such fvm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the information
contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information describing the Bonds th
the Official Statement m verify that such description conforrns to the provisions of the Ordinance. The legal fee to be paid Bond
Counsel for services rendered in connection with the issuance of the Bonds is contingent on the sale and delivery of the Bonds.
The legal opinion will accompany the Bonds deposited with DTC or will be printed on the Bonds in the event of the
discontinuance of the Book-Entry-Only System. ~ .
29
AUTHENTICITY OF FIPiANCIAL DATA AND UTHER INFORMATION
The financial data and other information contained herein have been obtained from City records, audited financial statements and
other sources which are believed to be reliable. There is no guarantee that any of the assumpfions or estimates contained herein
will be realized. AB of the summaries of the statutes, documents and resolutions contained in this OfficialStatemeat are made -
subject tc all of the provisions of such statutes, documents and resolutions. These summazies do not purport to be complete
statements of such provisions and reference is made to such documents for further information. Reference is made to original
documents in all respects. - - -
CONTINI7ING DISCLOSORE OF INFORMATION
In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the Bonds.
The City. is required to observe the agreement for so long as it remains obligated to advance funds to pay the Bonds. Under the
agreement, the City will be obligated to provide certain updated financial information and operating data annually, and timely
notice of specified material events,- to certain information vendors. This information will be available to securities brokers and'
others who subscribe to receive the information from the vendors.
ANNUAL IIEFORTS ...The Ciry will provide certain updated financial information and operating data to certain information
vendors annually. The informa6oa to be updated includes all quantitative financial information and operating data with respect
to the City of the general type included is this Official Statement under Tables numbered 1 through 6 and 8 through 15 and in
Appendix B.. The City will update and provide this information within 6 months after the end of each fiscal year. The Ciry will
provide the updated information to each nationally recogavxd municipal securities information repository ("NRMSIIt'~
approved by the staff of the United States Securities and Exchange Commission ("SEC's and to any state information depository
("SID") that is desigoated and approved by the State of Texas and by the SEC staff _
'The City may provide updated information in full text or may incorporate by reference certain other publicly available
documents, as permitted by SEC Rule 15c2-12. The updated information will include audited financial statements, if the City
commissions an audit and it is completed by the required time. If audited financial statements are not available by the required
time, the City will provide unaudited financial information and operating data which is customarily prepazed by the City by the
required time, and audited financial statements when and if such audited financial statements become available.. Any such
financial statements will be prepared in acwrdance -with the accounting principles described in Appendix B or such other
acwunting principles as the City may be required to employ from time to time pursuant to state ]aw or regulation.
The City's current fiscal year end is September 30. Acwrdingly, it must provide updated information by March 31 in each year,
unless the City changes its fiscal yeaz. If the City changes its fiscal yeaz, it will motify each NRMSIR and the SID of the change.
The Municipal Advisory Council of Texas (the "MAC") has been designated by the State of Texas and approved by the SEC
staff as a~qualified SID. The address of the MAC is 600 West 8th Street, P.O. Box 2177; Austin, Texas 78768-2177, and its
telephone number is 512/476-6947. The MAC has-also received SEC approval to operate,and has begun to operate, a "centml
post office" for information filings made by municipal issuers, such as the City. A municipal issuer may submit its information
filings with the central post office, which then transmits such information to the tdRMSIl2s and the appropriate SID for filing.
This central post office ran be accessed and utilized at www.DisclosureUSA.org ("DisclosureUSA"). The City may utilize
DisclosmeUSA for the filing of ihformation relating to the Bonds.
MATERIAL EVENT No7lces ...The City will also provide timely notices of certain events to certain information vendors. The
City will provide notice of any of the following events with respect to the Bonds, if such event is material to a. decision to
purchase or sell Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled
draws on debt service reserves reflecting financial difficulties; (4) unscheduleddraws on credit enhancements reflecting financial
difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (~ adverse tax opinionsor events
affecting the tax-exempt status of the Bonds;. (7) modificatlons to rights of holders of the Bonds; (8) Boad calls; (9) defeasances;
(10) release, substitution, or sale of property securing repayment of the Bonds; and (11) rating changes. 1n addition, the City will
provide timely notice of any failure by the City to provide information, data, or financial statements in accordance with its
agreement described above under "Annual Reports." The City will provide each notice described in this paragraph m the SID
and to either each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB'~.
AVAIIAB[L11'Y OF INFURMA77UN FROM NRMSDts AND SID ...The City has ag[eed to provide the foregoing information only
to NRMSIIts and the SID. The information will be available. to holders of Bonds only if the holders comply with the procedures
and-pay the charges established by such information vendors or obtain the information through securities brokers who do so.
30
AMENDMENTS ...The City may amend its wntinuing disclosure agreement from time to time to adapt to changed cvcumstances
that arise from a change in legal requirements, a change is law, or a change ta the identity, nature, status, or type of operations of
the City, if (i) the agreement, as amended, would have permitted an underwriterto purchase or sell Bonds in the offering
described herein in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of
such amendment, as well as sucli changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal
amount of the outstanding Bonds consent to the amendment or tb) any person unaffiliated with the City (such as nationally
recognized bond counsel) determines that the amendment will not materially impair the interests of the holders and beneficial
owners of the.Bonds. The City may also amend or repeal the provisionsof this continuing disclosure agreement if~the SEC
amends or repeals the applicable provisions of the SEC Rule 15c2-12 or a court of front jurisdiction enters judgment that such
provisions of the SEC Rule ISc2-12 are invalid, but only if and to the extent that the provisions of this sentence would not
prevent an underwriter from lawfully purchasing or selling Bonds it the primary offering of the Bonds. If the City so amends
the agreement, it has agreed to include with the next financial information and opemtng data provided -in accordance with its
agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of
the impact of any change in the type of financial information and operating data so provided. -
COMPLIANCE WI"fH PRIOR UNDERTAKINGS ... The City has complied in all material respects with all continuing disclosure
agreements made by it in accordance with SEC Rule I Sc2-12. ~ -
FINAN(:IAL ADVISOR
T'he Financial Advisor to [he City has provided the following sentence for inclusion in this Official Statement. T'he Financial
Advisor has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to the City
and, as applicable, to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but
the Financial Advisor does not guarantee the accuracy or completeness of such infonnatioa. -
INI'1'fAL PURCRASER
After requesting competitive bids for the Bonds, the City accepted the bid of (the "Initial Purchaser") to
purchase the Bonds at the interest rotes shown on the (inside) cover page of the Official Statement az a price of % of par plus a
cash premium (if any) of $ .The Purchaser(s) can give no assurance that any hording market will be developed for the
Bonds after their sale by the City m the Initial Purchaser. The City has no control over the price at which the Bonds are subsequently
sold and the initial yield at which the Bonds will be-priced and reoffered will be estabhshed by and will be the responsibility of the
Initial Purchaser.
FORWARD-LOOKING STATEMENTS DISCLAIMER
The statements contained in this Official Statement, and in any other information provided by the City, that are not purely
historical, are forward-looking statements, including statements regarding the City's expectations, hopes, intentions, or strategies
regazdingthe furore. Readers should not place undue reliance on forward-looking statements. All forward-looking statements
included is this OfHcialStatement are based on information available to the City on the date hereof, and the City assumes no
obligation to update any such forward-looking statements. The City's acmar results could differ materially from those discussed
in such forwazd-looking statements. - -
The forwazd-looking statements included herein aze necessarily based on various assumptions and estimates and are inherently
subject to various risks and uncertainties, including risks and uncertainties relating to the possible invalidity of the undertying
assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal, and
regulazory circumstances and conditions and actions taken or omitted to be taken by third parties, including customers, suppliers,
business partners and competitors, and legislative, judicial, and other governmental authorities and officials. Assumptions
related to the foregoing involve judgments with respecLto, among other things,.future economic, competitive, and mazket
conditions and future business decisions, all of which aze difficult or impossible to predict accurately and many of which aze
beyond the control of the City. Any of such assumptions could be inaccurate and, therefore, there can be no assurance that the
forwazd-looking statements included io this Official Statement will prove to be accurate. - .
31
CERTIFICATION OF THE OFFICIAL $TATEMENT
At the time of payment for and delivery of the Bonds, the City will famish a certificate, executed by proper officers, acting in
their of&cial capacity, to the effect that to the best of their knowledge and belief: (a) the descriptions and statements of or
pertaining to the City contained th its Official Statement, and any addenda, supplement or amendment thereto, on the date of
such Official Statement, on the date of sale of said Bonds and the acceptance of the best bid therefor, and on the date of the
delivery, were and are true and correct in all material respects; (b) insofar as the City and its affairs, including its financial
affairs, are concerned, such Official Statement did not and does not contain an unhve statement.of a material fact or omit to state
a material fact iequired to be stated therein or necessary to make the statements therein, is the light of the circumstances under
which they were made, no[ misleading; (c) insofar as the descriptions and statements, including financial data, of or pertaining to
entities, other than the City, and their activities contained in such Official Statement are concemed, such statements and data
have been obtained from sources which the City believes to be reliable and the City- has no reason to believe that they aze untrue
m any material respect; and (d) there has been no material adverse change in the financial condition of the City since the date of
the last audited financial statements of the City.
The Ordinance authorizing the issuance of the Bands will also approve the fora and content of this Official Statement, and any
addenda, supplement or amendment thereto, and authorize its further use in the reoffering of [he Bonds by the Purchaser.
/s/
Mayor
City of Port Arthur, Texas
ATTEST:
City Secretary
32
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
THE Cm'
The City of Port Arthur is located in Jefferson County on the west shore of Sabine Lake directly adjacent to the Gulf of Mexico
in the extreme southeast comer of the State of Texas. The land ores of the City covers approximately 81.5 squaze miles. The
City is ]ocatedalong the 40-foot deep Sabine-Neches Ship Channel which links Jefferson and Orange Counties with the Gulf of
Mexiw. The City is a component of the Beaumont-Port Arthur Metropolitan Statistical Area ("MSA") comprised of Jefferson,
Hardin and Orange Counties.
ECONOMY
The economy of the MSA is based primarily uponpetroleum refining; the production of petrochemicals and other chemicals, the
fabrication of steel and steelproducts, shipping activity, the manufacture of wood, pulp, food and.feed products, agriculture, and
health raze services. Transportation, communications and public utilities account for about 30% of area employment. Six oil
refineries located in the County have a combined capacity 1.742 million barrels per stream day of crude oil. Approximately 250
manufacturing firms are located in the MSA:
The City is experiencing a tremendous economic expansion in the industrial district The world's largest steam cracker was
recently completed at Finn's Port Arthur facility through a joint venture with BASF. This $1 billion project is providing 150
permanent jobs. The Clark facility has recently been upgraded in its entirety. The approximate value of this upgrade is $775
million and created 50 permanentjobs. Motiva is constructing new facilities with an estimated cost of $4.5 billion. ExiconMobil
has begun construction of its new Golden Pass Liquid Natural Gas plant Total has recently reached an abatement agreement
with Jefferson County for a new cracker unit with an estimated cost of $1 billion. Sempra is in the permitting process for a
proposed Liquid Natmal Gas facility. Valero is planning a $1 billion expansion of they refming capacity.
This activity is driving other developments in the housing and retail markets. Single family housing continues to grow and new
multi-family properties are under construction. A $35 million retail development was recently announced. This complex will
include three large retail stores and up to five restaurants. The mall is undergoing major renovations and considering expansion.
POPULATION
1960 1970 1980 - 1990 2000
Official Official Official Official Official
Census Census Census Census Census
City of Port Arthur 66,676 57,371 61,195 58,724 -57,755
7efferson County 245,659 246,402 250,928 239,397 252,05(
Beaumont-Port Arthur MSA 306,016 347,568 375,497 361,226 385,090
SERVICES PROVIDED BY THE CITY
The City provides water, sanitary sewer, library and park services. The City also has the responsibility of maintaining its storm
drainage facilities; bridges, streets andsidewalks, providing local law enforcement activities, fire protection, solid waste disposal
services, building inspection and civil defense services, and maintaining preventative health services through numerous health
facilities within the community. - -
MA.toREMrwYERs
The following are the major employers located within the Port Arthur area:
Employers
Port Arthur ISD
Huntsman Corp
Medical Center
Motiva
Christus St. Mary
Wal Mart
Valero
City of Port Arthur
Client Logic
Total
Type of Company
Education
Petrochemical Manufacturing
Medical
Petrochemical Manufacturing
Medical
Retailer
Petrochemical Manufacturing
Local Government
Call Center
Petrochemical Manufacturing
A-1
Number of
Employees
1,301
L,101
900
900
860
816
750
658
612
450
LABOR STATISTICS
City of Port Arthur Labor Statistics
Labor Total
Year Force Employment Unemployment Rate
2001 25,075 21,930 3,145 12.5%
2002 25,570 22,362 ~ 3,208 12.5%
2003 26,383 - 22,641 3,742 14.2%
2004 (0 - 26,304 22,754 3,550 13.5%
2005 tz) 22,886 20,602 2,284 10.0%
2006 p) 22,383 20,494 1,889 8.4%
Jefferson County Labor Statistics
Labor Total
Year Force Employment Unemployment Rate
2001 114,101 105,077 9,024 7.9%
2002 116,351 107,147 9,204 7.9%
2003 119,222 108;483 10,739 9.0%
2004 .112,700 103,289 9,411 8.4%
2005 (r) 113,033 _
104,122 8,911 7.9%
2006 (s) 111,175 103,572 7,603 6.8%-
M
Sourw: Texas Worldorce Commission.
(1) Statistics for 2004 available only through August TWC diswminued posting infortna[ion below the state level prior to 2005.
(2) TWC Disclaimer `Because of substantial methodology changes m gwgraphic areas below the state level, data from 2005 and 2004 or
earlier is not considered comparable.'
(3) Average through September. -
A-2
APPENDIX B
EXCERPTS FROM THE
CITY OF PORT ARTHUR, TEXAS
ANNUAL FINANCIAL REPORT
For the Year Ended September 30, 2007
The information contained in this Appendix consists ofexcetpts from the City of Port
Arthur, Texas Annual Financial Report for the Yeaz Ended September 30, 2007, and is not
intended to be a complete statement of the Cit}rs financial condition. Reference is made ro
the complete Report for further information.
APPENDIX C
FORM OF BOND COUNSEL'S OPINION