HomeMy WebLinkAboutPR 11640: $17MIL CERT OF OBL Memorandum
City of Port Arthur, Texas
Finance Department
To~
From:
Date:
Subject:
Steve Fitzgibbons, Ci~a~
Rebecca Underhill, Di~ec~l I~'~ance
February 7, 2002 ~
Proposed Resolution 11640
Presented for Council consideration and approval is PR 11640. Finance staff has worked with First
Southwest Company to prepare the preliminary official statement for $17,000,000 Certificates of
Obligation, Series 2002B. The purpose of the preliminary 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 water system improvements and other capital projects. This resolution
is presented for Council to approve the preliminary official statement and authorize the printing and
distributing of the document. The sale is scheduled for March 5, 2002.
P. R. NO. 11640
JJA 2/7/02
RESOLUTION NO.
A RESOLUTION APPROVING THE FORM AND CONTENT
OF THE PRELIMINARY OFFICIAL STATEMENT FOR
THE SALE OF $17,000,000 CITY OF PORT ARTHUR,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2002B
AND AUTHORIZING FIRST SOUTHWEST COMPANY TO
PROCEED WITH THE PRINTING AND DISTRIBUTION OF
SAME IN PREPARATION FOR COMPETITIVE SALE
MARCH 5, 2002.
WHEREAS, on January 8, 2002, the City Council adopted Resolution 02-05 which authorized the
publication of notice of intention to issue $17,000,000 in Certificates of Obligation; and
WHEREAS, said notice was published in the Port Arthur News on January 11, 2002; and January
18, 2002; and
WHEREAS, the scheduled date for selling the certificates is March 5, 2002; and
WHEREAS, the preliminary official statement is required to be prepared, published and distributed
to potential investors and other interested parties; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. The City hereby approves the contem 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 March 5, 2002.
Section 3. This resolution shall be effective from and after its adoption.
READ, ADOPTED, AND APPROVED, this 19th day of February, 2002, AD, at a Regular
Meeting of'the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
Jan Stroder, Acting City Secretary
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
e Fitzgibbons, City Manager
Rebecca Underhill, Finance Director
PRELIMINARY OFFICIAL STATEMENT
Dated January 22, 2002
Ratings:
Moody's: Applied For
S&P: Applied For
See ("Other Information
NEW ISSUE - Book-Entry-Only Ratings" herein)
In the opinion of Bond Counsel, interest on the Certificates is excludable from gross income for federal income tax purposes under existing law and the
Certificates are not private activity bonds. See "TAX MATI'ERS - TAX EXEMPT[ON" herein for a discussion of the opinion of Bond Counsel, including a
description o£alternative minimum tax consequences for corporations.
THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR. FINANCIAL INSTITUTIONS
$17,000,000
CITY OF PORT ARTHUR, TEXAS
(Jefferson County)
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2002B
Dnted Date: March 1,2002 Due: February IS, as shown on inside cover
PAYMENT TERMS . . . Interest on the $17.000,000 City of Port Arlhur, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2002B (the
"Certificates") will accrae from March 1, 2002, (the "Dated Date") and will be payable August 15 and February 15 of each year commencing August 15.
2002. and will be calculated on the basis of a 360-day year consisting of twelve 304ay months. The definitive Certificates will be initially registered and
delivered only to Cede & Co., the nominee of The Depository Trast Company CDTC") pursuant to the Book-Entry-Only System described herein. Beneficial
ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Certificates will be
made to the beneficial owners thereof. Principal ol; premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar 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
Ceaificatos. See "THE CERTIFICATES - BOOK-ENTRY-ONLY SYSTEM" herein. The initial Paying Agent/Registrar is JPMorgan Chase Bank, Houston,
Texas (see 'q-HE CERTIFICATES - PAYING AGENT/REGIS I~RAR").
AUTHORITY FOR iSSUANCE . . . The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, (the "State") pardculafly
Subehapter C of Chapter 271, Texas Local Govermnent Code (the Certificate of Obligation Act of 1971). as amended, and Chapter 1502. Texas Government
Code, as amended, and constitute direct obligations of the City of Port Arthur, Texas (the "City"), payable from a combination of (i) the levy and collection of
a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property within the City, and (ii) a subordinate lien on net revenues
oftbe City's Water and Sewer System, as provided in the ordinance authorizing the Certificates (the "Ordinance") (see "THE CERTIFICATES - AUTHORITY
FOR ISSUANCE").
PURPOSE . . . Proceeds from the sale of the Ceaificates will be used for all or part of the cost of construction of water system improvements, street
improvements, park improvements, renovations and improvements to City Hall and the police station, the purchase of land and two drainage easements for a
sanitaw landfill and to pay the costs of issuance associated with the Certificates.
See Maturity and Pricing Schedule on the inside cover
OPTIONAL REDEMPTION ... The City reserves the fight, at its option, to redeem Certificates having stated maturities on and after February 15, 2013, in
whole or in part in principal amounts o£ $5,000 or any integral multiple thereol; on February 15, 2012, or any date thercailer, at the par value thereof plus
accrued interest to the date of redemption (see "THE CERTIFICATES - OPTIONAL REDEMPTION").
MANDATORY SINKING FUND REDEMPTION... In addition to the foregoing optional redemption provision, if principal amounts designated in the serial maturity
schedule above are combined to create Term Certificates, each such Term Certificate shall be subject to mandatory sinking fund redemption commencing on
February 15 of"the first year which has been combined to form such Term Certificale and continuing on February 15 in each year thereafter until the stated maturity
date of that Term Ceaificate, and the amount required to be redeemed in any year shall be equal to thc principal amount for such year set forth in the serial maturity
schedule above. Term Certificates to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from and
among lbe T~nm Certificates then subject to redemption. The City, at its option, may credit against any mandatory sinking fund redemption requirement Term
Certificates of the maturity then subject to redemption which have been purchased and canceled by thc City or have been redeemed and not thereto£ore applied as a
credit against any mandatory sinking fund redemption requirement.
LEGALITY . . . The Certificates are offered for delivery when, as and if issued and received by the initial purchaser(s) and subject to the approving opinion of
the Attorney General of Texas and the opinion of Vinson & EIkins L.L.P., Bond Counsel, Houston, Texas (see Appendix C, "Form of Bond Counsel's
Opinion").
DELIVERY... It is expected that the Certificates will be available for delivery through The Depository Trust Company on April 2, 2002.
BIDS DUE Tuesday, March 5, 2002, AT I 1:00 AM, CST
Due
February 15
Principal
Interest Rate
MATURITY SCHEDULE
Duc
Yield February 15
Principal
Interest Rate
Yield
2OO3
2004
2005
2006
2007
2008
2009
2010
2011
2012
$ 495,000
520,000
550,000
575,000
610,000
640,000
675,000
710,000
750,000
790,000
(Accrued Interest from March
2013 $ 835,000
2014 880,000
2015 925,000
2016 975,000
2017 1,030,000
2018 1,085,000
2019 1,145,000
2020 1,205,000
2021 1,270,000
2022 1,335,000
1, 2002 to be added)
2
This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the
solicitation of an q[fer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale.
No dealer, broker, salesperson or other person has been authorized to give information or to make any representation other
than those contained in this Official 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 information
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 of opinion which are not intended as statements offact,
and no representation is' made as to the correctness of such estimates and opinions, or that they will be realized.
The information and expressions of opinion contained herein are subject to change without notice, and neither the delivery of
this Official Statement nor any sale made hereunder shall, under an), circumstances, create any implication that there has been
no change in the affairs qf the City or other matters described.
TABLE OF CONTENTS
OFFICIAL STATEMENT SUMMARY ................ 4
CITY OFFICIALS, STAFF AND
CONSULTANTS ............................................. 6
ELECTED OFEICIALS .................................................... 6
SELECTED ADMINISTRATIVE STAFF ............................. 6
CONSULTANTS AND ADVISORS .................................... 6
INTRODUCTION ................................................... 7
THE CERTIFICATES ............................................ 7
TAX INFORMATION .......................................... 11
TABLE I - VALUATION, EXEMPTIONSANDGENERAL
OBLIGATION DEBT .......................................... 14
TABLE2 - TAXABLEASSESSEDVALUATIONSBY
CATEGORY ...................................................... ] 5
TABLE3 - VALUATIONANDGENERALOBLIGATION
DEBT HISTORY ................................................ 16
TABLE4 - TAX RATE, LEVYANDCOLLECTION
HISTORY ......................................................... 16
TABLE5 - TEN LARGESTTAXPAYERS ...................... 16
TABLE 6 - TAX ADEQUACY ..................................... ] 7
TABLE 7 - ESTIMATED OVERLAPPING DEBT ............. 17
DEBT INFORMATION ........................................ 18
TABLE8 - INDUSTRIALDISTRICTCONTRACTS ......... 18
TABLE9 - PRO-FORMAGENERALOBLIGATION
DEBT SERVICE REQUIREMENTS ....................... 19
TABLE [ 0 - INTEREST AND SINKING FUND BUDGET
PROJEC FiON .................................................... 19
TABLE I 1 -- AUTHORIZED BUT UNISSUED GENERAL
OBLIGATION BONDS ........................................ 19
TABLE 12 - CFI'HER OBLIGATIONS .............................. 20
FINANCIAL INFORMATION ............................ 21
TABLE 13 - GENERAL FUND REVENUES AND
EXPENDITURE HISTORY .................................. 21
TABLE 14 - COMPUTATION OF SELF-SUPPORTING
DEBT .............................................................. 22
TABLE 15 - WATERWORKS AND SEWER SYSTEM
CONDENSED SIATEM ENT OE OPERATION ......... 22
TABLE 16 - MUNICIPALSALESTAX HISIORY .......... 22
TABLE 17 - CURRENT INVESI'MEN rS ......................... 24
TAX MATTERS .................................................... 24
OTHER INFORMATION .................................... 26
~TINGS .................................................................. 26
LITIGATION .............................................................. 26
REGISTRATION AND QUALIFICATION OF CERTIFICATES
FOB SALE ........................................................ 26
LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE
PUBLIC FUNDS IN TEXAS ................................. 26
LEGAL MATTERS ...................................................... 27
AUTHENTICITY OF FINANCIAL DATA AND OTHER
[NFORMATION ................................................. 27
CONTINUING DISCLOSURE OF INFORMATION ............. 2'7
INITIAL PURCHASER ................................................. 28
FORWARD-LOOKiNG STATEMENTS DISCLAIMER ......... 29
CERTIFICATION OF THE OFFICIAL STATEMENT ........... 29
APPENDICES
GENERAL INFORMATION REGARDING THE CITY ......... A
EXCERPTS FROM THE ANNUAL FINANCIAL REPORT .. B
FORM OF BOND COUNSEL'S OPINION ........................ C
The cover page hereof, this page, the appendices included
herein and any addenda, supplement or amendment hereto,
are part of the Official Statement.
3
OFFICIAL STATEMENT SUMMARY
This summary is subject in all respects to the more complete information and definitions contained or incorporated in this
Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Official Statement.
No person is authorized to detach this summary from this Official Statement or to otherwise use it without the entire Official
Statement.
THE CITY .....................................
The City of Port Arthur is a home rule municipality located in Jefferson County, Texas. The
City covers approximately 81.5 square miles (see "INTRODUCTION - D£SCRIPrtor-i Or
CITY").
THE CERTIFICATES .....................
The Certificates are issued as $17,000,000 Combination Tax and Revenue Certificates of
Obligation, Series 2002B. The Certificates are issued as serial certificates maturing
February 15, 2003 through February 15, 2022, unless the purchaser designates one or more
maturities as a Term Certificate (see "THE CERTIFICATES - DESCm~rION OF THE
PAYMENT OF INTEREST .............. Interest on the Certificates accrues from March 1, 2002, and is payable August 15, 2002, and
each February 15 and August 15 thereafier until maturity or prior redemption (see "THE
CERTIFICATES - DESCmPTION OF THE CERTifICATES" and "THE CERTIFICATES -
OPTIONAL REDEMPIION").
AUTHORITY FOR ISSUANCE .........
The Certificates are issued pursuant to the general laws of the State, particularly Subchapter C
of Chapter 271, Texas Local Government Cede (the Certificate of Obligation Act of 1971), as
amended, Chapter 1502, Texas Government Code, as amended, end an Ordinance passed by the
City Council of the City (see "THE CERTIFICATES - AUTaORITY FOR ISSUANCE").
SECURITY FOR THE
CERTIFICATES ..............................
The Certificates constitute direct obligations of the City, payable frmn a combination of (i) the
levy and collection ufa direct and continuing ad valorem tax, within the limits prescribed by law,
on all taxable properly within the City, and (ii) a subordinate lien on net revenues of the City's
Water and Sewer System (see "THE CERTIFICATES - SEcumq¥ AND SOUaCE Or PAYMENT").
REDEMPTION ............................... The City reserves the right, at its option, to redeem Certificates having stated maturities on
and after February 15,2013, in whole or in part in principal amounts of $5,000 or any integral
multiple thereof, on February 15, 2012, or any date thereafter, at the par value thereof plus
accrued interest to the date of redemption. Additionally, the Certificates may be subject to
mandatory redemption in the event the initial purchaser elected to aggregate one or more
~naturities as a Term Certificate (see "THE CERTIFICATES - MANDATORY SINKING FUND
REDEMPTION").
TAX EXEMPTION ...........................In the opinion of Bond Counsel, the interest on the Certificates will be excludable from gross
income for federal income tax purposes under existing law and the Certificates are not private
activity bonds. See "TAX MAITERS - TAX EXEMPTION" 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 Certificates will be used for all or part of the cost of construction
of water system improvements, street improvements, park improvements, renovations and
improvements to City Hall and the police station, the purchase of land and two drainage
easements for a sanitary landfill and to pay the costs of issuance associated with the
Certificates.
RArlNGS ..................................... 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. CS&P"). The City also has five issues outstanding which are
rated "Aaa" by Moody's and "AAA" by S&P through insurance by various commercial
insurance companies. Applications for contract ratings on the Certificates have been made to
Moody's and S&P (see "OTHER INFORMATION - RATINGS").
BOOK-ENTRY-ONLY
SYSTEM ......................................
The definitive Certificates will be initially registered and delivered only to Cede & Co., the
nominee of DTC pursuant to the Book-Entry-Only System described herein. Beneficial
ownership of the Certificates may be acquired in denominations of $5,000 or integral
4
multiples thereof. No physical delivery of the Certificates will be made to the beneficial
owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable
by the Paying Agent/Registrar to Cede & Co., which will make distrtbufion of the mnounts so
paid to the par6cipating members of DTC for subsequent payment to the beneficial owners of
the Certificates (see "THE CERTIFICATES - BOOK-ENTRY-ONLY SYSTEM").
PAYMENT RECORI) ...................... The City has never defaulted in payment of its general obligation tax debt.
SELECTED FINANCIAL INFORMATION
Ratio Tax
Fiscal Per Capita General Per Debt to
Year Estimated Taxable Taxable Obligation Capita Taxable Percent
Ended City Assessed Assessed (G.O.) G.O. Assessed lotal
9/30 Populationt~l Valuation(21 Valuation Tax Debt Tax Debt Valuation Collection
1997 58,724 $2,599,279,372 $ 44,263 $ 42,005,000 $ 715 1.62% 99.39%
1998 58,724 2,563,171,174 43,648 40,725,000 693 1.59% 100.10%
1999 58,724 2,590,273,291 44,109 39,045,000 665 1.51% 99.95%
2000 57,755 2,683,062,920 46,456 39,670,000 687 1.48% 100.54%
2001 57,755 2,816,668,104 48,769 37,615,000 651 1.34% 99.69%
2002 57,755 3,060,493,481 52,991 82,340,000 (3) 1,426 (31 2.69% (31 (4/
(I) Source: U.S Census Bureau for 1990, held constant through 1999. Fiscal year 2000 through 2002 as reported by the U.S Census Bureau
for 2000 held constant.
(2) As reported by the Jefferson County and Orange County Appraisal Districts; subject to change during the ensuing year; includes Industrial
District values.
(3) Projected; includes the Cer0ficates; includes self-supporting debt; includes $15,000,000 Certificates of Obligation, Series 2002A being
issued through the Texas Water Development Board with an expected delivery date of March 6, 2002; includes $5,000,000 Certificates of
Obligation, Sefies 2002C being issued by the City concurrently with the Certificates.
(4) In process of collection.
GENERAL FUND CONSOLII)ATED STATEMENT SUMMARY
For Fiscal Year Ended September 30
2001 2000 1999 1998 1997
Beginning Balance $ 8,939,565 $ 7,413,647 $ 6,410,810 (11 $ 6,037,298 $ 5,937,128
Total Revenue 28,542,446 28,582,515 29,538,466 26,589,717 23,810,436
Total Exp endit utes 30,487,679 29,106,722 28,201,685 26,659,061 25,612,021
Other Sources (Uses) 3,143,553 2,050,125 (333,944) 589,506 16,790,775
Transfer (14,889,020)
Ending Balance $ 10,137,885 $ 8,939,565 $ 7,413,647 $ 6,557,460 $ 6,037,298
(1) Restated.
(2) Bond proceeds transfer.
For additional information regarding the City, please contact:
Ms. Rebecca Underhill
Director of Finance
City of Port Arthur
444 Fourth Street
Port Arthur, Texas 77641-1089
Phone: (409) 983-8150
Fax: (409) 983-8291
or
Mr. Joe Morrow
First Southwest Company
1021 Main Street
Suite 2200
Houston, Texas 77002
Phone: (713) 651-9850
Fax: (713) 654-8658
ELECTED OFFICIALS
CITY OFFICIALS, STAFFANDCONSULTANTS
City Council
Member
Oscar Ortiz
Felix Barker
Craig Hannah
Thomas J. Henderson
Rev. Ronnie Linden
Bob Bowers
Robert E. Allen
Rose Mitchell Chaisson
Tom Gillam, III
Length of
Position Service (yrs) Term Expires
Mayor 5 May-04
Mayor Pro-Tem 2 May-02
Councilmember 9 mos. May~02
Councilmember 6 May-02
Councilmember 7 May-03
Councilmember 7 May-03
Councilmember 13 May-02
Councilmember 3 May-02
Councilmember 6 May-02
SELECTED ADMINISTRATIVE STAFF
Occupation
Retired
Retired
Funeral Home Director
Retired
Minister
Retired
Retired
Volunteer Services Coordinator
Chemical Plant Operator
Name
Stephen Fitzgibbons
Rebecca Underhill
Deborah Echols
Jan Stroder
Mark Sokolow
CONSULTANTS AND ADVISORS
Position
Length of
Service (yrs)
City Manager 5
Director of Finance 9
Asst. Director of Finance 9
Acting City Secretary 28
City Attomey 5
Auditors ............................................................................................................................................................... Gayle Botley, CPA
Gayle Botley & Associates
4749 Twin City Highway
Port Arthur, TX 77642
Bond Counsel ........................................................................................................................................................... Frank McCreary
Vinson&Elkins L.L.P.
1001Fannin, Suite2300
Houston, TX 77002-6760
Financial Advisor ............................................................................................................................................................ Joe Morrow
First Southwest Company
1021 Main Street, Suite 2200
Houston, TX 77002
ARq O¥¥ICIAL S~ A~N~
RELATING TO
$17,000,000
CITY OF PORT ARTHUR, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2002B
INTRODUCTION
This Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of
$17,000,000 City of Port Arthur, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2002B. Capitalized
terms used in this Official Statement have the sanae meanings assigned to such terms in the Ordinance to be adopted on the date
of sale of the Certificates which will authorize the issuance of the Certificates, except as otherwise indicated herein. The City
intends to issue $15,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2002A to be sold to the Texas
Water Development Board with an expected delivery date of March 6, 2002 and, concurrently with the issuance of the
Ceaificates, the City intends to issue $5,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2002C.
There follows in this Official Statement descriptions of the Certificates and certain 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,
Houston, Texas.
DESCRIPTION OF THE CITY . . . The City is a home rule 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 first adopted its Home Rule Charter in 1963.
The City operates under a Council/Manager form of government with a City Council comprised of the Mayor and eight
Councilmcmbers. The term of office is three years for the Mayor and six Councilmembers, the remaining Councilmembers serve
two year terms. The City Manager is the chief administrative officer for the City. Some of the services that the City provides are:
public safety (police and fire protection), highways and streets, electric, water and sanitary sewer utilities, health and social
services, culture-recreation, public transportation, public improvements, planning and zoning, and general administrative
services. The 2000 Census population for the City was 57,755. The City covers approximately 81.5 square miles.
THE CERTIFICATES
DESCRIPTION OF THE CERTIFICATES . . . The Certificates are dated March 1, 2002, and mature, or are subject to mandatory
redemption prior to maturity, on February 15 in each of the years and in the amounts shown on the inside cover page hereof.
Interest will be computed on the basis of a 360-day year of twelve 30-day months, and will be payable on February 15 and
August 15, commencing August 15, 2002. The definitive Certificates 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 nominee of The
D6pository Trust Company ("DTC") pursuant to the Book-Entry-Only System described herein. No physical delivery of the
Certificates will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Certificates will
be payable by the Paying Agent/Registrar 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 Certificates. See "BOOK-ENTRY-ONLY SYSTEM" herein.
AUTHORITY FOR ISSUANCE...Thc Certificates are being issued pursuant to the Constitution and general laws of the State of Texas,
particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as amended,
Chapter 1502, Texas Government Code, as amended, and the Ordinance.
SECURITY AND SOURCE OF PAYMEN'r... The Certificates constitute a general obligation of the City payable fi-om a continuing direct
mmual ad valorem tax levied on all taxable property in the City, within the limits prescribed by law, in an amount sufficient to
provide for the payment of principal of and interest on the Certificates. Additionally, the Certificates are payable fi-om and secured by
a subordinate lien on net revenues of the City's Water and Sewer System, as provided in the Ordinance authorizing the Certificates.
TAX RATE LIMITATION... 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, within the limits prescribed by law, sufficient to provide for the payment of principal of
and interest on all ad valorem tax debt. 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 constitutionally authorized ~naximum tax rate of $2.50 per $100 Taxable Assessed Valuation.
Administratively, the Attorney General of the State of Texas will permit allocation of $1.50 of the $2.50 maximum tax rate for all
General Obligation debt service, as calculated at the time of issuance.
OPTIONAL REDEMPTION . . . The City reserves the right, at its option, to redeem Certificates having stated maturities on and
after February 15, 2013, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15,
7
2012, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If less than all of the
Certificates are to be redeemed~ the City may select the maturities of Certificates to be redeemed. If less than all the Certificates
of any maturity are to be redeemed, the Paying Agent/Registrar (or DTC while the Certificates are in Book-Entry-Only form)
shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. Ifa Certificate (or any portion
of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given, such
Certificate (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 redemption price and
accrued interest thereon are held by the Paying Agent/Registrar on the redemption date.
MANDATORY SINKING FUND REDEMPTION . . . In addition to the foregoing optional redemption provision, if principal mnounts
designated in the serial maturity schedule above are combined to create Term Certificates, each such Tenon Certificate shall be subject
to mandatory sinking fund redemption commencing on February 15 of the first year which has been combined to form such Term
Certificate and continuing on Febraary 15 in each year thereaPter until the stated maturity date of that Term Certificate, and the
mnount required to be redeemed in any year shall be equal to the principal amount for such year set forth in the serial maturity
schedule above. Tenn Certificates to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and
shall be selected by lot from and among the Term Certificates then subject to redemption. The City, at its option, may credit against
any mandatory sinking fund redemption requirement Term Certificates 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 Certificates required to be redeemed pursuant to the operation of such mandatory redemption
provisions may be reduced, at the option of the City, by the principal amount of Term Certificates of the same maturity which (i)
have been acquired by the City and delivered to the Paying Agent/Registrar for cancellation or (ii) have been redeemed pursuant
to the optional redemption provisions and not theretofore credited against a mandatory redemption requirement.
NOTICE OF REDEMPTION... Not less than 30 days prior to a redemption date for the Certificates, the City will cause a notice of
redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Certificates to be
redeemed, in whole or in part, at the address of the registered owner appearing on the registration books of the Paying
Agent/Registrar. 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
CERTIFICATES CALLED FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED
REDEMPTION DATE, AND NOTWITHSTANDING THAT ANY CERTIFICATE OR PORTION THEREOF HAS NOT
BEEN SURRENDERED FOR PAYMENT, INTEREST ON SUCH CERTIFICATE OR PORTION THEREOF SHALL CEASE
TO ACCRUE.
DEFI~ASANC£... The City reserves the right to defease the Certificates in any manner now or hereat~:er as authorized by ]aw.
BOOK-ENTRY-ONLY SYSTEM... This section describes how ownership of the Certificates are to be transferred and how the
principal of premium, if any, and interest on the Certificates are to be paid to and credited by The Depository Trust Company
("DTC"), New York, New York, while the Certificates are registered in its nominee name. The information in this section
concerning DTC and the Book-Enl~.-Only System has been provided by DTC for use in disclosure documents such as this
Official Statement. The CiO, believes the source of such information to be reliable, but takes no responsibility for the accurac, v
or completeness thereof
The CiO' cannot and does not give any assurance that (I) DTC will distribute payments of debt service on the Certificates, 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 ~f the Certificates), or redemption or other notices, to the Beneficial Owners, or
that they will do so on a timely basis, or (3) DTC will serve and act in the manner described in this Official Statement. The
current rules applicable to DTC are on.file with the Securities and Exchange Commission, and the current procedures ef DTC to
be followed in dealing with DTC Participants are on file with DTC.
DTC will act as securities depository for the Certificates. Tbe Certificates will be issued as tully-registered securities registered
in the name of Cede & Co. (DTC's partnership nominee). One fully-registered certificate will be issued for each maturity of the
Certificates in the aggregate principal amount of each such maturity and will be deposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the
meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning
of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the
Securities Exchange Act of 1934. DTC holds securities that its participants ("Direct Participants") deposit with DTC. DTC also
facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities
through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical
movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing
corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock
Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC
8
system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain
a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to
DTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Certificates under the DTC system must be made by or through DTC Participants, which will receive a credit for
such purchases on DTC's records. The ownership interest of each actual purchaser of each Certificate ("Beneficial Owner") is in
turn to be recorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from
DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction,
as well as periodic statements of their holdings, fi.om the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership interest in the Certificates are to be accomplished by entries made on the
books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not reeeive certificates representing their
ownership interests in the Certificates, except in the event that use of the book-entry system described herein is
discontinued.
To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's
partnership nominee, Cede & Co. The deposit of Certificates with DTC and their registration in the name of Cede & Co. effect
no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records
reflect only the identity of the Direct Participants to whose accounts such Certificates are credited, which may or may not be the
Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct 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 fi.om time to time.
Redemption notices shall be sent to Cede & Co. If less than all of the Certificates 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 to the Certificates. Under its usual procedures, DTC mails an
Omnibus Proxy to the City as soon as possible after the Record Date (hereinafter defined). The Omnibus Proxy assigns Cede &
Co.'s consenting or voting rights to those Direct Participants to whose accounts the Certificates are credited on the Record Date
(identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Certificates will be made to DTC. DTC's practice is to credit Direct Participants' accounts
on each payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that
it will not receive payment on such payable date. Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securities held for the accounts of customers in bearer tbrm or registered
in "street name," and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar or the City,
subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of 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 Certificates at any time by giving
reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained,
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).
In that event, Certificates will be printed and delivered.
Use of Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it should be understood
that while the Certificates are in the Book-Entry Only System, references in other sections of'this Official Statement to registered
owners should be read to includc thc person for which the Participant acquires an interest in the Certificates, 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 given to registered owners under the Ordinance will be given only to DTC.
Information concerning DTC and the Book-Entry Only System has been obtained fi.om DTC and is not guaranteed as to accuracy
or completeness by, and is not to be construed as a representation by the City or the Purchasers.
Effect of Termination of Book-Entry Only System. In thc event that thc Book-Entry Only System is discontinued by DTC or
the use of the Book-Entry Only System is discontinued by the City, printed certificates will be issued to the holders and the
Certificates will be subject to transfer, exchange and registration provisions as set forth in the Ordinance and summarized under
"TRANSFER, EXCHANGE AND REGISTRATION" herein.
PAYING AGENT/REGISTRAR... The initial Paying Agent/Registrar is JPMorgan Chase Bank, Houston, Texas. In the Ordinance,
the City retains the right to replace thc Paying Agent/Registrar. The City covenants to maintain and provide a Paying
9
Agent/Registrar at all times until the Certificates are duly paid and any successor Paying Agent/Registrar shall be a commercial
bank or trust company organized under the laws of the United States or any State and duly qualified and legally authorized to
serve as and perform the duties and services of Paying Agent/Registrar for the Cerlificates. Upon any change in the Paying
Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each registered owner
of the Certificates by United States mail, first class, postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
TRANSFER, EXCHANGE AND REGISTRATION ... In the event the Book-Entry-Only System should be discontinued, the
Certificates 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 registration, exchange
and transfer. Certificates may be assigned by the execution of an assignment form on the respective Certificates or by other
instrument of transfer and assignment acceptable to the Paying Agent/Registrar. New Certificates will be delivered by the Paying
Agent/Registrar, in lieu of the Certificates being transferred or exchanged, at the designated office of the Paying Agent/Registrar,
or sent by United States mail, first class, postage prepaid, to the new registered owner or his designee. To the extent possible,
new Certificates issued in an exchange or transfer of Certificates 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 Certificates to be canceled, and the written
instrument of transfer or request for exchange duly executed by the registered owner or his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar. New Certificates 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 Certificates surrendered for
exchange or transfer. See "Book-Entry-Only System" herein for a description of the system to be utilized initially in regard to
ownership and transferability of the Certificates. Neither the City nor the Paying Agent/Registrar shall be required to transfer or
exchange any Certificate called for redemption, in whole or in 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 a
Certificate.
RECORD DATE FOR INTEREST PAYMENT... The record date ("Record Date") for thc interest payable on the Certificates on any
interest payment date means the close of business on the last business day of the preceding month.
In the event ofa non-pa~anent 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 fi.om the City. Notice of the Special Record Date and of the scheduled payment date of the
past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at 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
a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day
next preceding the date of mailing of such notice.
BONDHOLHERS' REMEDIES . . . The Ordinance does not establish specific events of default with respect to the Certificates.
Under State law there is no right to the acceleration of maturity of the Certificates upon the failure of the City to observe any
covenant under the Ordinance. Although a registered owner of Certificates could presumably obtain a judgment against the City
if a default occurred in the payment of principal of or interest on any such Certificates, such judgment could not be satisfied by
execution against any property of the City. Such registered owner's only practical remedy, ifa default occurs, is a mandamus or
mandatory injunction proceeding to compel the City to levy, assess and collect an annual ad valorem tax sufficient to pay
principal of and interest on the Certificates as it becomes due. The enforcement of any such remedy may be difficult and time
consuming and a registered owner could be required to enforce such remedy on a periodic basis. The Ordinance does not
provide for the appointment of a trustee to represent the interests of the bondholders upon any failure of the City to perform in
accordance with the terms of the Ordinance, or upon any other condition. Furthermore, the City is eligible to seek relief frown its
creditors under Chapter 9 of the U.S. Bankruptcy Code. Although Chapter 9 provides for the recognition of a security interest
represented by a specifically pledged source of revenues, the pledge of taxes in support of a general obligation of a bankrupt
entity is not specifically recognized as a security interest under Chapter 9. Chapter 9 also includes an automatic stay provision
that would prohibit, without Bankruptcy 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 Bankruptcy Court (which could require that the action be
heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary
powers of a Bankraptcy 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 Certificates are qualified with respect to the customary rights of
debtors relative to their creditors.
10
USE OF CERTIFICATE PROCEEDS... Proceeds fi.om the sale of the Certificates are expected to be expended as follows:
Sources of Funds
Par Amount of Bonds
Accrued Interest
Total Sources of Funds
Uses of Funds
Deposit to Construction Fund
Deposit to I&S Fund
Costs of Issuance
Total Uses of Funds
TAX INFORMATION
Al) VALOREM TAX LAW... The appraisal of property within the City is the responsibility of the Jefferson County Appraisal District
(the "Appraisal District"). Excluding agricultural and open-space land, which may be taxed on the basis of productive capacity, the
Appraisal Disafct is required under the Property Tax Code to appraise all property within the Appraisal District on the basis of 100%
of its market value and is prohibited from applying any assessment ratios. In determining 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 chief appraiser is to be used. State law thrther limits the appraised value ora
residence bemestead for a tax year to an amount not to exceed the less of(l) the market value of the property, or (2) the sum of(a) 10% of
the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the
property was last 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 District is required to review the value of property within the Appraisal District at 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 petition filed with the Appraisal Review Board.
Reference is made to the V.T.C.A., Property Tax Code, fbr identification of property subject to taxation; property exempt or which
may be exempted from taxation, if claimed; the appraisal of property for ad valorc~n taxation purposes; and the procedures and
limitations applicable to the levy and collection of ad valorem taxes.
Article VIII of the State Constitution ("Article VIII") and State law provide tbr certain exemptions fi.om properly taxes, the valuation
of agricultural and open-space lands at productivity value, and the exemption of certain personal property fi.om ad valorem taxation.
Under Section l-b, Article VIII, and State law, the governing body ora political subdivision, at its option, may grant: (1) An
exemption of not less than $3,000 of the market value oftbe 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.
In the case of residence homestead exemptions granted under Section I-b, Article Vlll, ad valorem taxes may continue to be
levied against the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of debt if
cessation of the levy would impair the obligation of the contract by which the debt was created.
State law and Section 2, Article VIII, mandate an additional properly tax exemption fbr disabled veterans or thc 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
proper~y with the amount of assessed valuafl on exempted ranging fi-om $5,000 to a maximum of $12,000.
Article VIII provides that eligible owners of both agricultural land (Section l-d) and opo~-space land (Section l-d-I), including
open-space land 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 be qualified under both Section I -d
and l-d-l.
Nonbusiness personal properS, such as automobiles or light trucks, are exempt fi'om ad valorem taxation unless the governing body
of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorem taxation.
11
Article VIII, Section I-j, 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 fabrication.
Decisions to continue to tax may be reversed in the future; decisions to exempt fi'eeport property are not subject to reversal.
The City and the other taxing bodies within its territory may agree to jointly create tax increraent financing zones, under which the tax
values on property in the zone arc "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 construct
ceo. aln improvements on its property. The City in turn agrees not to levy a tax on all or par~ of the increased value attributable to the
improvements until the expiration of the agreement. The abat~nent agreement could last for a period of up to 10 years.
EFFECTIVE TAX RATE AND ROLLBACK TAX RATE . . . By each Septeraber I or as soon thereafter as practicable, the City
Council adopts a tax rate per $100 taxable value for the current year. The City Council will be required to adopt the annual tax
rate for the City before the later of September 30 or he 60 day after the date the certified appraisal roll is received by the City.
If the City Council does not adopt a tax rate by such required date the tax rate for that tax year is the lower of the effective tax
rate calculated for that tax year or the tax rate adopted by the City for the preceding tax year. The tax rate consists of two
components: (I) a rate [br funding of maintenance and operation expenditures, and (2) a rate for debt service.
Under the Property Tax Code, the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate".
Effective January I, 2000, a tax rate cannot be adopted by the City Council that exceeds the lower of the rollback tax rate or 103
per cent of the effective tax rate until a public hearing is held on the proposed tax rate following a notice of such public hearing
(including the requirement that notice be posted on the City's website if the City owns, operates or controls an internet website
and public notice be given by television if the City has free access to a television channel) and the City Council has otherwise
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 deternfine whether or not to reduce the tax rate
adopted for the current year to the rollback tax rate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values
(adjusted). "Adjusted" means lost values are 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 rate that will produce last year's maintenance and operation tax levy (adjusted) ffom 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.
The Property Tax Code provides that certain cities and counties in the State 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 tbr definitive requirements for the levy and collection of ad valorem taxes and the
calculation of the various defined tax rates.
PROPERTY ASSESSMENT AND TAX PAYMENT... Proper~ within the City is generally assessed as of January I of each year.
Business inventory may, at the option of the taxpayer, be assessed as of September. Oil and gas reserves are assessed on the
basis ora valuation process which uses an average of the daily price ofoil and gas for the prior year. Taxes become due October
I of the same year, and become delinquent on February I of the following year. Taxpayers 65 years old or older are permitted by
State law to pay taxes on homesteads in four installments with the first due on February 1 of each year and the final installment
due on August I.
PENALTIES AND INTEREST . . . Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Cumulative Cumulative
Month Penalty Interest Total
February 6% 1% 7%
March 7 2 9
April 8 3 1 I
May 9 4 13
June 10 5 15
July 12 6 18
After July, penalty remains at 12%, and interest increases at the rate of I% each month. In addition, if an account is delinquent
in July, a 15% attorney's colIection tee 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 annum with no
12
additional penalties 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 bankruptcy 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 in bankruptcy. The automatic stay prevents
governmental units ~rom tbreclosing 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 bankruptcy court. In many
cases post-petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court.
CITY APPLICATION OF TAX CODE , . . The City grants an exemption to the market value of the residence homestead of persons
65 years of age or older of $25,000; the disabled are also granted an exemption of $25,000.
The City has granted an additional exemption of 20% of the market value of residence homesteads; minimum exemption of
$5,000.
See Table 1 for a listing of the amounts of the exemptions described above.
Ad valorem taxes are not levied by the City against the exempt value of residence homesteads for the payment of debt.
The City does not tax nonbusiness personal property; and Miriam Johnson collects taxes for the City.
The City does permit split payments, and discounts are 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.
T~x ABATEMENT POLICY... The City has established a tax abatement program to encourage economic development. In order
to be considered tbr tax abatement, a project must meet several criteria pertaining to job creation and property value
enhancement. Currently, there are no abatement agreements in effect.
13
TABLE 1 - VALUATION~ EXEMPTIONS AND GENERAL OBLIGATION DEBT
2001/2002 Market Valuation Established by Jefferson County and
Orange County Appraisal Districts (excluding totally exempt property)
Less Exemptions/Reductions at 100% Market Value:
Residential Homestead Exemptions $ 82,784,116
Over 65 Homestead Exemptions 95,665,730
Disabled Homestead Exemptions 15,241,700
Veteran Homestead Exemptions 1,437,618
Loss due to value limit 3,546,460
Total Exemptions
2001/2002 Taxable Assessed Valuation Before Industrial District Values
Plus: 2001-2002 Industrial District Values I~)
2001/2002 Taxable Assessed Valuation
General Obligation Debt Payable from Ad Valorem Taxes (as of 03-01-02)
General Obligation Bonds $ 39,075,000
Certificates of Obligation (2> 26,330,000
Anticipation Notes 500,000
Assumed Jefferson County FWSD # 1 WW & SS Bonds 335,000
The Certificates 17,000,000
Less Self-Supporting Debt {~
General Obligation Bonds $ 16,403,878
Certificates of Obligation 8,954,439
Assumed Jefferson County FWSD #1 WW & SS Bonds 140,635
Total General Obligation Debt Payable from Ad Valorem Taxes
Interest & Sinking Fund Balance as of September 30, 2001
Net General Obligation Debt Payable from Ad Valorem Taxes
Ratio of Net General Obligation Debt to Taxable Assessed Valuation
2002 Estimated Population - 57,755®
Per Capita Taxable Assessed Valuation - $52,991
Per Capita Funded Debt - $983
$ 1,359,060,454
198,675,624
$ 1,160,384,830
1,900,108,65 I
3,060,493,481
$ 83,240,000
25,498,952
57,741,048
945,058
$ 56,795,990
1.86%
(I) See Table 8 Industrial District Contracts.
(2) Includes $15,000,000 Cefiificates of Obligation, Series 2002A being issued through the Texas Water Development Board with an expected
delivery date of March 6, 2002; includes $5,000,000 Certificates of Obligation, Series 2002C being issued concurrently with the
Certificates.
(3) General obligation debt in the amounts shown tbr which repayment is provided from revenues of the respective revenue systems. The
amount of self supporting debt is based on the pementages of revenue support as shown in Table 14. It is the City's current policy to
provide these payments from respective system revenues; this policy is subject to change in the fi~ture.
(4) Source: U.S. Census Bureau for 2000.
14
TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY
Category
Real, Residential, Single-Family
Real, Residential, M ulti-Family
Real, Vacant Lots/Tracts
Real, Acreage (Land Only)
Real, Farm and Ranch Improvements
Real, Commercial
Real, Industrial
Real, Oil, Gas & Other Mineral Reserves
Real and Tangible Personal, Utilities
Tangible Personal, Commercial
Tangible Personal, Industrial
Tangible Personal, Other
Total Appraised Value Before Exemptions
Less: Total Exemptions/Reductions
Taxable Assessed Value
Plus: Industrial District Values
Total
Taxable Appraised Value, Fiscal Year Ending September 30
2002 2001 2000
% of
Amount Total
%of %of
Amount Total Amount Total
539,696,764 39.71% $ 522,474,792
55,618,810 4.09% 56,614,1 l0
25,629,289 1.89% 22,562,125
26,705,052 1.96% 17,683,850
2,278,850 0.17% 1,687,050
297,095,499 21.86% 181,447,800
82,622,010 6.08% 82,449,470
5,258,470 0.39% 3,446,530
97,166,300 7.15% 211,944,610
142,523,1 l0 10.49% 154,409,190
83,496,790 6.14% 76,022,630
969,510 0.07% 1,011,480
39.23% $ 512,250,830 39.71%
4.25% 48,522,410 3.76%
1.69% 21,553,902 1.67%
1.33% 17,228,213 1.34%
0.13% 1,878,480 0.15%
6.19% 75,396,400 5.84%
0.26% 3,954,820 0.31%
15.91% 234,120,670 18.15%
I 1.59% 126,916,700 9.84%
5.71% 75,102,250 5.82%
0.08% 2,615,090 0.20%
1,359,060,454 100.00% 1,331,753,637 100.00% 1,290,052,085 100.00%
198,675,624 196,058,190 194,371,654
1,160,384,830 1,135,695,447 1,095,680,431
1,900,108,651 1,680,972,657 1,587,382,489
$ 3,060,493,481 $ 2,816,668,104 $ 2,683,062,920
Category
Real, Residential, Single-Family
Real, Residential, M ulti-Family
Real, Vacant Lots/Tracts
Real, Acreage (Land Only)
Real, Farm and Ranch Improvements
Real, Commercial
Real, Industrial
Real, Oil, Gas & Other Mineral Reserves
Real and Tangible Personal, Utilities
Tangible Personal, Commercial
Tangible Personal, Industrial
Tangible Personal, Other
Total Appraised Value Before Exemptions
Less: Total Exemptions/Reductions
Taxable Assessed Value
Plus: Industrial District Values
Total
Taxable Appraised Value, Fiscal Year Ending
1999 1998
%of %of
Amount Total Amount Total
493,342,232 38.37% $ 488,663,700 44.09%
49,706,600 3.87% 50,533,140 4.56%
21,578,694 1.68% 21,466,150 1.94%
17,699,950 1.38% 17,245,670 1.56%
1,530,390 0.12% 1,736,360 0.16%
169,377,780 13.17% 167,807,620 15.14%
66,498,260 5.17% 69,927,640 6.31%
6,353,060 0.49% 7,117,920 0.64%
255,915,920 I~l 19.90% 91,135,860 8.22%
114,035,292 8.87% 102,229,920 9.22%
77,016,220 5.99% 77,271,600 6.97%
12,731,760 0.99% 13,232,340 1.19%
1,285,786,158 100.00% 1,108,367,920 100.00%
192,492,663 197,095,704
1,093,293,495 911,272,216
1,496,979,796 1,651,898,958
$ 2,590,273,291 $ 2,563,171,174
(I) On April 15, 1997, the City completed annexation of property that had previously been included in the Entergy Corporation Industrial
District. For Fiscal 199% the value moved from Industrial District to Utilities.
NOTE: Valuations shown are certified taxable assessed values reported by the Jefferson County and Orange County Appraisal Districts to the
State Comptroller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and the
Appraisal Districts update records.
15
TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY
G.O. Ratio of
Fiscal Taxable Tax Debt G.O. Tax Debt
Year Taxable Assessed Outstanding to Taxable G.O.
Ended Estimated Assessed Valuation at End Assessed Tax Debt
9/30 Populationm Valuation<2} Per Capita of Year Valuation Per Capita
1997 58,724 $ 2,599,279,372 $ 44,263 $ 42,005,000 1.62% $ 715
1998 58,724 2,563,171,174 43,648 40,725,000 1.59 % 693
1999 58,724 2,590,273,291 44,109 39,045,000 1.51% 665
2000 57,755 2,683,062,920 46,456 39,670,000 1.48% 687
2001 57,755 2,816,668,104 48,769 37,615,000 1.34 % 65 I
2002 57,755 3,060,493,481 52,991 82,340,000 ~3) 2.69% 131 1,426 13)
(I) Source: U.S Census Bureau for 1990, held constant through 1999. Fiscal year 2000 through 2002 as reported by the U.S Census Bureau
for 2000 held constant.
(2) As reported by the Jefferson County and Orange Couniy Appraisal Districts on City's Annual City Report of Property Value; subject to
change during the ensuing year; includes Industrial District values.
(3) Projected; includes the Certificates; includes self-supporting debt; includes $15,000,000 Certificates of Obligation, Series 2002A being
issued through the Texas Water Development Board with an expected delivery date of March 6, 2002; includes $5,000,000 Certificates of
Obligation, Series 2002C being issued by the City concurrently with the Certificates.
TABLE 4 - TAX RATEr LEVY AND COLLECTION HISTORY
Fiscal Year Assessed General
Ended 9/30 Value o) Tax Rate Fund
Interest and % Current % Total
Sinking Fund t2~ Tax Levy 13} Collections Collections
1997 $2,599,279,372 $ 0.7750 $ 0.6190 $ 0.1560 $19,983,858 98.09% 99.39%
1998 2,563,171,174 0.7750 0.6150 0.1600 19,710,352 98.66% 100.10%
1999 2,590,273,291 0.7750 0.6689 0.1061 20,326,414 98.54% 99.95%
2000 2,683,062,920 0.7750 0.5351 0.2399 20,794,242 99.16% 100.54%
2001 2,816,668,104 0.7750 0.4276 0.3474 21,225,570 98.38% 99.69%
2002 3,060,493,481 0.7750 0.2210 0.5540 22,107,840 In> (4}
(I) As reported by the Jefferson County and Orange County Appraisal Districts on City's Annual City Report of Property Value; subject to
change during the ensuing year; includes Industrial District values.
(2) Genera~Fundand~nterestandSinkingFundtax~ateisbasedup~nthetaxab~eva~uati~n~ftheCity~$~~~6~~384~83~). Does not take into
account the value of the Industrial District payments.
(3) Tax levy includes Industrial District payments.
(4) In process of collection.
TABLE $ - TEN LARGEST TAXPAYERS
Name of Taxpayer
Nature of Property
2001 % of Total
Taxable Taxable
Assessed Assessed
Valuation Valuation
Entergy Gulf States, Inc Power Plant/Utility $ 148,289,780 12.78%
Central M all Joint Venture Retail M all 23,067,630 1.99%
Restaurant M ~nt Retail 16,655,570 1.44%
Park Place Hospital Hospital 16,384,220 1.41%
Southwestern Bell Telephone Utility 16,008,230 1.38%
Friede Goldman Offshore Texas, LP Industrial 12,396,880 1.07%
H orizon Vessels, lnc Industrial 12,170,080 1.05%
Kansas City Southern Industrial 12,106,560 1.04%
Equilon Pipeline Company, LLC Petro-Chemical Refining 10,347,240 0.89%
KMCO Port Arthur, lnc Industrial 9,756,160 0.84%
$ 277,182,350 23.89%
(I) Does not include Industrial District values.
(2) Calculated based upon the taxable value of the City ($1,135,695,447); excludes Industrial District values.
16
(;t~qER&L OgU~,'rtON DEar LtMrr~TtON... No general obligation debt limitation is imposed on the City under current State
law or the City's Home Rule Charter (see "THE CERTIFICATES - TAX RATa LIMITATION").
TABLE 6 - TAX ADEQUACY
2002 Principal and Interest Requirements .............................................................................. $
$0.5422 Tax Rate at 96% Collection Produces ..................................................................... $
Maximum Principal and Interest Requirements (2003) ............................................................... $
$0.6901 Tax Rate at 96% Collection Produces ..................................................................... $
Average Principal and Interest Requirements (2002-2022) ......................................................... $
$0.5580 Tax Rate at 96% Collection Produces ..................................................................... $
6,039,051
6,039,942
7,687,445
7,687,503
6,214,842
6,215,949
(1) Projected; includes the Certificates; includes $15,000,000 Certificates of Obligation, Series 2002A being issued through the Texas Water
Development Board with an expected delivery date of March 6, 2002; includes $5,000,000 Certificates of Obligation, Series 2002C being
issued by the City concurrently with the Certificates.
(2) Tax levy is based on value of the City ($1,160,384,830) and does not include Industrial District payments.
TABLE 7 - ESTIMATED 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 their 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 amounts relating
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 the estimated sham of overlapping Tax Debt of
the City.
Total City's Authorized
2000/2001 G.O. Debt Estimated Overlapping but Unissued
Taxable 2000/2001 as of % G.O. Debt as Debt as
Assessed Value Tax Rate 03/01/02 Applicable of 03/01/2002 of 03/01/2002
City of Port Arthur $1,160,384,830 Ill 0.7750 $83,240,000 (21 100.00% $ 83,240,000
Beaumont lSD 6,275,793,555 1.5400 50,560,000 0.06% 30,336
Bridge City lSD 424,732,290 1.5622 4,560,000 28.44% 1,296,864
Jefferson County 11,866,488,079 0.3650 74,375,000 9.57% 7,117,688
Jefferson County DD #7 5,053,427,408 0.1705 14.64%
Nederland ISD 1,048,726,430 1.5300 16,970,000 8.42% 1,428,874
Orange County 3,470,701,248 0.4944 3,495,000 3.40% 118,830
Port Arthur ISD 2,127,758,796 1.4881 32.24%
Port Neches-Groves lSD 2,162,764,052 1.6841 31,500,000 3.91% 1,231,650
Port of Port Arthur Navigetion District 2,653,652,201 0.1386 29,315,000 24.18% 7,088,367
Sabine Pass lSD 446,622,506 1.6800 9,700,000 14.79% 1,434,630
Sabine Pass Port Authority 86,909,570 0.2622 1,665,000 34.47% 573,926
$30,385,493
14,000,000
Total Direct and Overlapping Funded Debt
$103,561,164
Ratio of Direct and Overlapping Funded Debt to Taxable Assessed Valuation
Per Capita Overlapping Funded Debt
8.92%
$ 1,764
( I )Does not include Industrial District values.
(2) Includes the Certificates; includes self-supporting debt; includes $15,000,000 Certificates of Obligation, Series 2002A being issued
through the Texas Water Development Board with an expected delivery date of March 6, 2002; includes $5,000,000 Certificates of
Obligation, Series 2002C being issued by the City concurrently with the Certificates.
(3) Authorized but unissued debt was assumed by the City upon dissolution of Park Central Municipal Utility District (the "District") and may
only be used for improvements within the former boundaries of the District.
17
DEBT INFORMATION
TABLE 8 - [NDUSTRIAL DISTRICT CONTRACTS
The City taxes property within its corporate limits, but has no such power for property located outside its boundaries. From 1990
through September 30, 2001, the City has collected an aggregate of approximately $193,134,816 in annual payments from certain
corporations whose properties are located outside the City's boundaries but within the City's extra-territorial jurisdiction pursuant
to contracts with such corporations for such payments (essentially the contracts have been in lieu of annexation and taxation).
Pursuant to a Texas statute adopted in I963 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 annex 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:
Firm
Contract Annual
Expiration Date Payment
U.S. Intec 31 -Dec-02 43,172
BASF Corporation 31 -Dec-03 600,000
Motiva, Inc. 31 -Dec-08 3,450,000
Texaco, Inc. 3 l-Dec-03 7,000
Chemical Watse Management 31-Dec-03 150,000
Huntsman Corporation 31-Dec-03 1,950,000
Equilon Pipeline 3 l-Dec-03 26,500
Chevron, USA 3 l-Dec-03 1,275,000
Huntsman Research 31 -Dec-03 15,800
Mobil Oil Corporation 31-Dec-06 125,000
Clark Refining and Marketing 31 -Dec~08 1,825,000
Clark Refining upgrade 31-Dec-08 698,000
BASF/Fina Joint Ventare new project 31-Dec-08 720,000
Fina Oil & Chemical 31 -Dec-08 2,250,000
Great Lakes Carbon Corporation 31-Dec-08 183,500
Colonial Pipeline 31-Dec-08 25,000
(I) Upgrade and expansion projects have gradually increasing payments (2002-2008)
Among other things, these contracts provide that: (i) any annexation attempt by any other municipality shall result in the City's
seeking immediate injunctive relief against the other municipality and taking such legal steps as may be necessary or advisable,
with the cost of same being borne by the corporation concerned, (ii) either the City or the contracting corporation is authorized to
take whatever actions in equity necessary to enfome their rights, including asking the court to specifically enfome the contract,
(iii) "affiliates" of the contracting corporation (defined as all companies with respect to which the corporation directly or
indirectly owns or has the power to exercise control over 50% or more of the stock having the right to vote for election of
directors) are covered by the terms of the contract.
The amounts of the annual contract payments due each October from the corporations are computed on the basis of the equalized
true and full value of certain properties owned by the corporation at the commencement of its contract (timing varies) and located
within the City's extraterritorial jurisdiction. The equalized and true value is determined in the same form and manner as
required by State law and City Charter for rendition of property for ad valorem tax purposes. ARer reduction in recognition of
municipal services provided by the corporation for themselves, the value of the eligible properties is placed on the City's
assessment tax rolls at the same assessment ratio (now 100%o) as all property within the City subject to ad valorem taxes for that
year. The City's tax rate was applied to the value to determine the annual payment under the contract.
18
TABLE 9 - PRO-FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS
YeaF
End Outstanding Debt 1~}(2} This Issue131
% of
Total Principa
Total Requirements Retired
9/30 Principal Interest Total Principal Interest
2002 $ 2,825,000 $ 2,807,468 $ 5,632,468 $ $ 406,583 $ 406,583 $ 6,039,051
2003 3,140,000 3,172,939 6,312,939 495,000 879,506 1,374,506 7,687,445
2004 2,785,000 3,022,030 5,807,030 520,000 852,863 1,372,863 7,179,893
2005 2,910,000 2,872,478 5,782,478 550,000 824,775 1,374,775 7,157,253
2006 3,0851000 2,713,385 5,798,385 575,000 795,244 1,370,244 7,168,629 19.83
2007 3,245,000 2,549,529 5,794,529 610,000 764,138 1,374,138 7,168,666
2008 3~375,000 2,384,898 5,759,898 640,000 731,325 1,371,325 7,131,223
2009 3,520,000 2,219,948 5,739,948 675,000 696,806 1,371,806 7,111,754
2010 3,670,000 2~052,713 5,722,713 710,000 660,450 1,370,450 7,093,163
2011 4,030,000 1,876,344 5,906,344 750,000 622,125 1,372,125 7,278,469 44.75
2012 3,730,000 1,682,253 51412,253 790,000 581,700 1,371,700 6,783,953
2013 3,900,000 1,499,149 5,399,149 835,000 539,044 1,374,044 6,773,193
2014 4,115~000 1,304,896 5,419,896 880,000 494,025 1,374,025 6,793,921
2015 3,285,000 1,099,698 4,384,698 925,000 446,644 1,371,644 5,756,341
2016 2,980,000 940,444 3,920,444 975,000 396,769 1,371,769 5,292,213 71.07
2017 3,155,000 783,473 3,938,473 1,030,000 344,138 1,374,138 5,312,610
2018 3,310,000 620,578 3,930,578 1,085,000 288,619 1,373,619 5,304,196
2019 3,485,000 452,114 3,937,114 1,145,000 230,081 1,375,081 5,312,195
2020 3,670,000 274,328 3,944,328 1,205,000 168,394 1,373,394 5,317,721
2021 2,505,000 123,911 2,628,911 1,270,000 103,425 1,373,425 4,002,336
2022 1,445,000 32,419 1,477,419 1,335,000 35,044 1,370,044 2,847,463 100.00
$ 68,165,000 $34,484,990 $102,649,990 $17,000,000 $10,861,696 $27,861,696 $130,511,686
(I) "Outstanding Debt" does not include lease/purchase obligations.
(2) Includes self-supporting debt; includes $15,000,000 Certificates of Obligation, Series 2002A being issued through the Texas Water
Development Board with an expected delivew date of March 6, 2002; includes $5,000,000 Certificates of Obligation, Series 2002C being
issued by the City concurrently with the Certificates. Interest on the $5,000,000 Certificates of Obligation, Series 2002C has been
estimated for the purpose of illustration.
(3) Averagelifeoftheissue-12.17years. InterestontheCertiflcateshasbeenestimatedforpurposeofillustmtion.
TABLE 10 - INTEREST ANO SINKING FUNO BUOGET PROJECTION
Tax Supported Debt Service Requirements, Fiscal Year Endingg-30-2002t~) $ 6,039,05
Interest and Sinking Fund, 9-30-2001 $ 945,058
Interest and Sinking Fund Tax Levy ~ 96% Collections(2) 6,428,532
Estimated Investment Income 100,000
Lease Pay ment s (210,175) 7,263,41
Estimated Balance, 9-30-2002
$ 1,224,364
(1) Does not include lease/purchase obligations or fiscal charges.
(2) Tax levy is based on value of the City; does not include Industrial District values.
TABLE l[ -- AUTHORIZEID BUT UNISSUED GENERAL OBLIGATION BONDS
The City has no authorized but unissued general obligation bonds.
ANTICIPATEI) ISSUANCE OF GENERAL OBLIGATION DEBT... The City will issue Combination Tax and Revenue Certificates of
Obligation, Series 2002A to be purchased by the Texas Water Development Board in the amount of $15,000,000 with an
expected delivery date of March 6, 2002. Also, concurrently with the issuance of the Certificates, the City will issue
Combination Tax and Revenue Certificates of Obligation, Series 2002C in the amount of $5,000,000 to pay the cost of water and
sewer facilities and street and drainage improvements to serve the Port Arthur Business Park.
19
TABLE 12 - OTHER OBLIGATIONS
The City has entered into lease agreements as lessee for financing the acquisition of public safety communications equipment and
a management information system. The future minimum lease payments are as follows:
Fiscal Year IBM Mot orola Total
2002 $ 86,555 $ 123,619 $ 210,174
2003 4,370 4,370
Interest (2,664) (7,535) (10,199)
N~Present Value $ 88,261 $ 116,084 $ 204,345
PENSION FUND... 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 plan, sec Appendix B,
"Excerpts from the City's Annual Financial Report" - Note # IV-G)
20
FINANCIAL INFORMATION
TABLE 13 - GENERAL FUND REVENUESAND EXPENDITURE HISTORY
Taxes
Industrial Payments
Licenses & Permits
User Fees
Fines and Forfeitures
Intergovernmental
Interest
Miscellaneous
Total Revenues
For Fiscal Year Ended September 30
2001 2000 1999 1998 1997
$13,028,925 $13,129,807 $14,715,573 $12,766,536 $ 11,933,556
12,503,378 12,518,019 11,897,845 11,351,633 9,685,850
351,142 217,896 225,065 150,286 126,413
535,569 402,762 366,649 483,351 518,566
641,109 638,773 631,340 417,227 500,918
744,411 882,299 990,632 772,720 634,400
616,587 645,211 558,979 484,621 321,640
121,325 147,748 152,383 163,343 89,093
$ 28,542,446 $ 28,582,515 $ 29,538,466 $ 26,589,717 $ 23,810,436
Expenditures:
General Government
Public Safety
Health & Welfare
Public Works
Total Expenditures
$ 7,813,492 $ 6,965,654 $ 6,806,730 $ 5,437,621 $ 4,889,837
16,479,589 15,831,362 15,333,933 14,721,498 13,832,521
524,646 559,536 470,044 421,218 393,061
5,669,952 5,750,170 5,590,978 6,078,724 6,496,602
$30,487,679 $ 29,106,722 $28,201,685 $ 26,659,061 $ 25,612,021
Excess (Deficit) of Revenues
Over Expenditures
(1,945,233) (524,207) 1,336,781 (69,344) (I,801,585)
Other Financing sources (Uses):
Operating Transfers In $ 4,436,453 $ 4,703,988
Operating Transfers (Out) (I,292,900) (2,653,863)
Sale of Capital Assets
Proceeds of Debt Issuance
TotalOtherFinancingSources(Uses) $ 3,143,553 $ 2,050,125
$ 1,827,596 $ 1,571,386 $ 2,781,274
(2,161,540) (981,880) (931,880)
52,361
14,889,020
$ (333,944) $ 589,506 $ 16,790,775
Excess (Deficiency) of Revenues and
Other Financing Sources Over
Expenditures and Other Uses
Fund Balance, October I
Equity Transfer to Water Fund
Prior Period Adjustments
$ 1,198,320 $ 1,525,918 $ 1,002,837 $ 520,162 $ 14,989,190
$ 8,939,565 $ 7,413,647 $ 6,557,460 $ 6,037,298 $ 5,937,128
(14,889,020)
(146,650)
$ $ $ (146,650) $
Fund Balance, End of Year
$10,137,885 $ 8,939,565 $ 7,413,647 $ 6,557,460
$(14,889,020)
$ 6,037,298
21
TABLE 14 - COMPUTATIONOFSELF-SUPPORTING DEBT
Revenue Available for Debt Service £rom Water~vorks and Sewer System (9/30/01)
Water and Sewer System General Obligation Bond Requirements (9/30/02)
Balance
Percentage of Water and Sewer Sy stem General Obligation Bonds Sel£-Supporting
$ 1,595,190
3,799,836
$ (2,204,646)
41.98%
Revenue Available for Debt Service from Solid Waste Fund (9/30/01)
Solid Waste General Obligation Bond Requirements (9/30/02)
Balance
Percentage of Solid Waste General Obligation Bonds Selt:Supporting
$ 654,697
169,300
$ 485,397
100.00%
Gross Sales Tax Receipts from 4A Corporation (9/30/01)
General Obligation Bond Requirements supported by inter-local agreement (9/30/02)
Balance
Percentage General Obligation Bonds supported by inter-local agreement Self-Supporting
TABLE 15 - WATERWORKS AND SEWER SYSTEM CONDENSED STATEMENT OF OPERATION
$ 2,177,568
119,583
$ 2,057,985
100.00%
2001 2000 1999 1998 1997
Operating Revenues:
Fees, Services and Sales $ 11,592,056 $ 12,447,240 $ 10,590,755 $ 10,845,302 $ 10,415,845
Interest Revenue 104,672 102,153 102,387 40,537 71,448
Gain on Sale of Assets 605
Tot al Operating Revenues $ 11,696,728 $ 12,549,393 $ 10,693,747 $ 10,885,839 $ 10,487,293
Operating Expenses:
Personnel Services $ 4,856,655 $ 4,266,987 $ 3,901,966 $ 3,656,350 $ 3,508,419
Other Operating Expenses 4,220,124 3,902,829 4,250,507 3,478,002 3,198,848
Loss on Uncollectible Accounts 2%075 276,251 18,315 32,452 94,786
Payment to MUD 997,684 907,734 888,335 744,228 740,503
Tot al Op crating Exp crises $ 10,101,538 $ 9,353,801 $ 9,022,493 $ 7,846,128 $ 7,352,984
Net Operating Income $ 1,595,190 $ 3,195,592 $ 1,671,254 $ 3,039,711 $ 3,134,309
TABLE 16 - MUNICIPAL SALES TAX HISTORY
Tine City has adopted the Municipal Sales and Use Tax Act, 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 General Fund and are not pledged to
the payment of the Certificates. Collections and entbrcements 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 monthly. On November 7, 1995,
the voters of the City approved the imposition of an additional sales and use tax of one-half of one percent (V2% of 1%) for economic
development and an additional one-half of one percent (V2 of 1%) for property tax reduction. Collection for the additional tax
commenced on April I, 1996. The sales tax for economic development is collected solely for the benefit of Port Arthur Economic
Development Corporation (the "Corporation"), and may be pledged to secure payment of sales tax revenue bonds issued by the
Corporation.
Fiscal % of Equivalent of
Year Total Ad Valorem Ad Valorem Per
Ended Collected Tax Levy Tax Rate Capita
1997 $ 3,646,561 18.25% $ 0.1414 62
1998 3,666,686 18.60% 0.1442 62
1999 3,893,144 19.15% 0.1484 67
2000 4,048,545 19.47% 0.1509 70
2001 4,355,136 20.52% 0.1590 75
The sales tax breakdown for the City is as follows:
County Sales and Use Tax
Economic and Community Development
City Sales & Use Tax
State Sales & Use Tax
Total
'AC
6¼¢
8¼¢
22
FINANCIAL [}OLICIES
Basis of Accountine...The City policy is to adhere to the accounting principles set out by Statement No. I issued by the Nation
Council on governmental Accounting, as amended. (See "APPENDIX B AUDITED FINANCIAL STATEMENTS FOR Tile CITY OF
PORT ARTHUR FOR THE PERIOD ENDED SEPTEMBER 30, 2001
General Fund Balance...The City Council's financial 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.
Budeetarv Procedures...The City policy is to begin the budgetary procedure at the department level in June of each year. The
department heads submit their budget request to the Director of Finance who assembles and prepares a budget requiremen~
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 year. The City Council
holds public hearings and a final budget must be prepared and adopted by September 30.
INVESTMENTS... The City of Port Arthur invests its investable funds in investments authorized by Texas law in accordance with
investment policies approved by the City Council of the City of Port Arthur. Both state law and the City's investment policies are
subject to change.
LEGAL INVESTMENTS... Under Texas law, the City is authorized to invest in (I) obligations of the United States or its agencies and
instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) collateralized mortgage
obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed
by an agency or instrmnentality of the United States, (4) other obligations, the principal of and interest on which are unconditionally
guaranteed or insured by, or backed by the full faith and credit off the State of Texas or the United States or their respective agencies
and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to
investment quality by a nationally recognized investment rating firm not less than A or its equivalent, (6) certificates of deposit that
are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the
preceding clauses or in any other manner and amount provided by law for City deposits, (7) certificates of deposit and share
certificates issued by a state or federal credit union domiciled in the State of Texas that are guaranteed or insured by the Federal
Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations
described in the clauses (I) through (5) or in any other manner and amount provided by law for City deposits, (8) fully collateralized
repurchase agreaments that have a defined termination date, are fully secured by obligations described in clause (I), and are placed
through a primary govemment securities dealer or a financial institution doing business in the State of Texas, (9) bankers'
acceptances with the remaining temt of 270 days or less, if'the short-term obligations of the accepting bank or its parent are rated at
least A-I or P-I or the equivalent by at least one nationally recognized credit rating agency, (10) commercial paper that is rated at
least A-I or P-1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit
rating agency if the paper is tully secured by an irrevocable letter of credit issued by a U.S. or state bank, (11) no-load money market
mutual funds regulated by the Securities and Exchange Commission that have a dollar weighted average portfblio 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, (12) no-load mutual
funds registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invests
exclusively in obligations described in the preceding clauses; and are continuously rated as to investment quality by at least one
nationally recognized investment rating firm of not less than AAA or its equivalent, (13) bonds issued, assumed, or guaranteed by
the State of Israel, and (14) guaranteed investment contracts secured by obligations of the United States of America or its
agencies and instrumentalities, other than the prohibited obligations described in the next succeeding paragraph.
Thc City may invest in such obligations directly or through government investment pools that invest solely in 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 prohibited from investing in: (I) obligations whose payment represents the coupon 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 rote of which is detennined by an index that adjusts opposite to the changes in a market index.
INVESTMENT POLICIES... 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 diversification, yield, maturity, and the quality and capability of
investment management; and that includes a list of authorized investments for City 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 Statement" that specifically addresses each funds' investment. Each
Investment Strategy Statement will describe its objectives concerning: (I) suitability of investment type, (2) preservation and safety of
principal, (3) liquidity, (4) marketability of each invest~nant, (5) diversification of the portfolio, and (6) yield.
Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of
prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but fur
invesanent, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment
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officers of the City shall submit an investment report detailing: (I) the investment position of the City, (2) that all investment officers
jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending
value of each pooled fund group, (4) the book value and market value of each separately listed asset at the beginning and end of the
reporting period, (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group fur which each
individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted inves~nent strategy
statements and (b) state law. No person may invest City funds without express written authority fi.om the City Council.
ADDITIONAL PROVISIONS . . . Under Texas law the City is additionally required to: (I) annually review its adopted policies and
strategies; (2) require any investment officers' with personal business relationships or relatives with firms seeking to sell securities to
the entity to disclose the relationship and file a staten~ent with the Texas Ethics Commission and the City Council; (3) require the
registered principal of firms seeking to sell securities to the City to: (a) receive and review the City's investment policy, (b)
acknowledge that reasonable controls and procedures have been implemented to preclude impradent invesanent activities, and (c)
deliver a written statement attesting to these requirements; (4) per~bnn an annual audit of the management controls on investments
and adherence to the City's inves~nent policy; (5) provide specific investment training for the Treasurer, Chief Financial Officer and
investment officers; (6) restrict reverse repurchase agreonents to not more than 90 days and restrict the investment of reverse
repurchase agreement funds to no greater than the term of the reverse repurchase 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 no portion of bond proceeds, reserves and funds held for debt service, in mutual
funds; and (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation,
and adviso~ board requirements.
TABLE 17 - CURRENT INVESTMENTS
As of December 31,200 I, the City's investable funds were invested in the following categories:
Type of Investment
Purchase Market
Price Value
Texpool $ 15,670,509 $ 15,670,509
Agency Coupon and Discount Securities 5,999,687 5,526,087
$ 21,670,196 $ 21,196,596
TexPool is a local government investment pool under the control of the Texas Comptroller of Public Accounts. The
Comptroller has engaged The Chase Manhattan Bank, and its affiliates, to provide investment management and fund accounting
services for TexPool. First Southwest Asset Management, [nc., an affiliate of First Southwest Company, provides customer
service and marketing for the pool. TexPool currently maintains a AAAm rating from Standard & Poor's. The pool's investment
objectives include achieving a stable net asset value orS1.00 per share. Daily investment or redemption of funds is allowed by
the participants.
TAX MATTERS
TAX EXEMPTION... In the opinion of Vinson & Elkins L.L.P., Bond Counsel, (i) interest on the Certificates is excludable from
gross income for federal income tax purposes under existing law and (ii) the Certificates are not "private activity bonds" under
the Internal Revenue Code of 1986, as amended (the "Code"), and interest on the Certificates will not be subject to the alternative
minimum tax on individuals and corporations, except as described below in the discussion regarding the adjusted current
earnings adjustment for corporations.
The Code imposes a number of requirements that must be satisfied for interest on state or local obligations, such as the
Certificates, to be excludable from gross income for federal income tax purposes. These requirements 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 arbitrage 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 compliance with the covenants of the Ordinance pertaining to those sections of
the Code which affect the exclusion from gross income of interest on the Certificates for fudeml income tax purposes and, in
addition, will rely on representations by the City, the City's Financial Advisor and the Initial Purchasers of the Certificates with
respect to matters solely within the knowledge of the City, the City's Financial Advisor and the Initial Purchasers of the
Certificates, respective}y, 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 inaccurate or incomplete, interest on
24
the Certificates could become taxable from the date of delivery of the Certificates, regardless of the date on which the event
causing such taxability occurs.
The Code also imposes a 20% alternative minimum tax on 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 of a 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 Certificates, is included in a corporation's "adjusted
current earnings," ownership of the Certificates could subject a corporation to alternative minimum tax consequences.
Under the Code, taxpayers are required to report on their returns the amount of tax-exempt interest, such as interest on the
Certificates, received or accrued during the year.
Except as stated above, and as stated below in "TAX ACCOUN I'ING TREATM EN/OF ORIGINAL ISSUE DISCOUNT CERTIFICATES", Bond
Counsel will express no opinion as to any federal, state or local tax consequences resulting from the ownership of, receipt of
interest on, or disposition of, the Certificates.
Prospective purchasers of the Certificates should be aware that the ownership of tax-exempt obligations may result in collateral
federal income tax consequences to financial institutions, life insurance and property and casualty insurance companies, certain S
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 obligations, taxpayers
owning an interest in a FASIT that holds tax-exempt obligations, and individuals otherwise qualifying tbr the earned income
credit. In addition, certain foreign corporations doing business in 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 Certificates. These categories of
prospective purchasers should consult their own tax advisors as to the applicability of these consequences.
Bond Counsel's opinions are based on existing law, which is subject to change. Such opinions are further based on Bond
Counsel's knowledge of facts as of the date hereof. Bond Counsel assutnes 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 legal judgment based upon its
review of existlng law and in reliance upon the representations and covenants referenced above that it deems relevant to such
opinions. The Service has an ongoing audit program to detem~ine compliance with rules that relate to whether interest on state or
local obligations is includable in gross income tbr federal income tax purposes. No assurance can be given whether or not the
Service will commence an audit of the Certificates. 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.
TAX ACCOUNTING TREATMENT OI; ORIGINAL ISSUE DISCOUNI CERTIFICATES... The initial public offering price tbr certain of
the Certificates may be less than the principal amount thereof' (the "Original Issue Discount Certificates"). In the opinion ol~'
Bond Counsel, under existing law and based upon the assumptions hereinafter stated:
(a) The difference between (i) the amount payable at the maturity of each Original Issue Discount Certificate, and (ii) the initial
offering price to the public of such Original Issue Discount Certificate constitutes original issue discount with respect to such
Original Issue Discount Certificate in the hands of any owner who has purchased such Original Issue Discount Certificate in the
initial public offering of the Certificates; and
(b) Such initial owner is entitled to exclude from gross income (as defined in Section 61 of the Code) an amount of income with
respect to such Original Issue Discount Certificate equal to that portion of the amount of such original issue discount allocable to
the period that such Original Issue Discount Certificate continues to be owned by such owner.
In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Certificate prior to stated
maturity, however, the amount realized by such owner in excess of the basis of such Original Issue Discount Certificate in the
hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such
Original Issue Discount Certificate 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 Certificates under the
caption "TAX EXEMPTION" generally applies, except as otherwise provided below, to original issue discount on an Original Issue
Discount Certificate held by an owner who purchased such Certificate at the initial offering price in the initial public ofl"ering of
the Certificates, and should be considered in connection with the discussion in this portion of the Official Statement.)
In rendering the foregoing opinion, Bond Counsel will assume, in reliance upon certain representations of the initial purchaser,
that (a) the initial purchaser has purchased the Certificates for contemporaneous sale to the public and (b) all of the Original Issue
Discount Certificates have been initially offered, and a substantial amount of each maturity thereof has been sold, to the general
public in anWs-Iength transactions for a price (and with no other consideration being included) not more than the initial offering
prices thereof. Neither the City nor Bond Counsel warrants that the Original Issue Discount Certificates will be offered and sold
25
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
Under existing law, the original issue discount on each Original Issue Discount Certificate is accrued daily to the stated maturity
thereof (in amounts calculated as described below for each six-month period ending on the date befbre the semi-annual
anniversary dates of the date of the Certificates and ratably within each such six-month period) and the accrued amount is added
to an initial owner's basis for such Original Issue Discount Certificate for purposes of determining the amount of gain or loss
recognized by such owner upon the redemption, sale or other disposition thereofi The amount to be added to basis for each
accrual period is equal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods
multiplied by the yield to stated maturity (determined on the basis of compounding at the close of each accrual period and
properly adjusted tbr the length of the accrual period) less (b) the amounts payable as current interest during such accrual period
on such Certificate.
The federal income tax consequences of the purchase, ownership, and redemption, sale or other disposition of Original Issue
Discount Certificates which are not purchased in the initial offering at the initial offering price may be determined according to
rules which differ from those described above. All owners of Original Issue Discount Certificates 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 Certificates and with respect to the federal, state, local and foreign tax
consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount Certificates.
OTHER INFORMATION
RATINGS
The presently outstanding tax supported debt of the City is rated "A2" by Moody's and "A" by S&P. The City also has five issues
outstanding which are rated "Aaa" by Moody's and "AAA" by S&P through insurance by various commercial insurance
companies. Applications for contract ratings on this issue have been made to Moody's and S&P. An explanation of the
significance of such ratings may be obtained from the company furnishing the rating. The ratings reflect only the respective
views of such organizations, and the City makes no representation as to the appropriateness of the ratings, lhere 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 or both companies circumstances so wairant. Any such
downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Certificates.
LITIGATION
It is the opinion of the City Attorney and City Staffthat 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 CERTIFICATES FOR SALE
The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the
exemption provided thereunder by Section 3(a)(2); and the Certificates have not been qualified under the Securities Act of Texas
in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any
jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction
in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility
fbr qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard
to the availability of any exemption from securities registration provisions.
LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS
Section 1201.041 of the Public Security Procedures Act (Chapter 1201, Texas Government Code) provides that the Certificates
are negotiable instruments governed by Chapter 8, Texas Business and Commerce Code, and are legal and authorized
investments for insurance companies, fiduciaries, and trustees, and for the sinking funds of municipalities or other political
subdivisions or public agencies of the State of Texas. With respect to investment in the Certificates by municipalities or other
political subdivisions or public agencies of the State of Texas, the Public Funds Investment Act, Chapter 2256, Texas
Government Code, requires that the Certificates be assigned a rating of"A" or its equivalent as to invesunent quality by a
national rating agency. See "OTHER INFORMATION - RATINGS" herein. In addition, various provisions of the Texas Finance
Code provide that, subject to a prudent investor standard, the Certificates are legal investments for state banks, savings banks,
trust companies with at capital of one million dollars or more, and savings and loan associations. The Certificates 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 market value. No review by the City has been made of the laws in other states to determine
whether the Bonds are legal investments for various institutions in those states.
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The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Certificates,
including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Certificates and to the
effeat that the Certificates 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 Certificates will
be excludable from gross income for federal income tax purposes under existing law and the Certificates are not private activity
bonds, subject to the matters described under "TAX MATTERS" herein, including alternative minimum tax consequences for
corporations. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or
is then pending to restrain the issuance and delivery of the Certificates, or which would affect the provision made for their
payment or security, or in any manner questioning the validity of said Certificates will also be furnished. Bond Counsel was not
requested to participate, and did not take part, in the preparation of the Notice of Sale and Bidding Instructions, the Official Bid
Form and the Official Stateraent, and such finn has not assumed any responsibility with respect thereto or undertaken
independently to verifij any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has
reviewed the information describing the Certificates in the Official Statement to verify that such description conforms to the
provisions of the Ordinance. The legal fee to be paid Bond Counsel for services rendered in connection with the issuance of the
Certificates is contingent on the sale and delivery of the Certificates. The legal opinion will accompany the Certificates deposited
with DTC or will be printed on the Certificates in the event of the discontinuance of the Book-Entry-Only System.
AUTHENTICITY OF FINANCIAL DATA AND OTHER 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 assumptions or estimates contained herein
will be realized. All of the summaries of the statutes, documents and resolutions contained in this Official Statement are made
subject to all of the provisions of such statutes, documents and resolutions. These summaries 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.
CONTINUING DISCLOSURE OF INFORMATION
In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the
Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the
Certificates. 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 intbrmation from the vendors.
ANNUAL REPORTS . . . The City will provide certain updated financial information and operating data to certain intbnnation
vendors annually. The infbnnation to be updated includes all quantitative financial infbrmation and operating data with respect
to the City of the general type included in this Official Statement under Tables numbered I through 6 and 8 through 17 and in
Appendix B. The City will update and provide this information within six months after the end of each fiscal year ending in or
a~er 2002. The City will provide the updated information to each nationally recognized municipal securities information
repository ("NRMSIR") and to any state information depository ("SID") that is designated by the State of Texas and approved by
the State of Texas and approved by the staffofthe United States Securities and Exchange Commission (the "SEC").
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-~2. 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
fime, the City will provide unaudited financial statmnents by thc required time and audited financial statements when and if such
audited financial statements become available. Any such financial statements will be prepared in accordance with the accounting
principles described in Appendix B or such other accounting principles as the City may be required to employ from time to time
pursuant to state law or regulation.
The City's current fiscal year end is September 30. Accordingly, it must provide updated information by March 31 each year,
unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and the SID of the change.
The Municipal Advisory Council of Texas has been designated by the State of Texas and approved by the SEC staff as a
qualified SID. The address of the Municipal Advisory Council is 600 West 8m Street, P. O. Box 2177, Austin, Texas 78768-
2177, and its telephone number is 512/476-6947.
MATERIAL EVENT NOTICES... 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 Certificates, if such event is material to a decision to
purchase or sell Certificates: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled
draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial
27
difficulties; (5) substitution of credit or/iquld~ty proYk~ers, or their h'thre to perform; (6b a&erse tax opinions or ¢~en~s
affecting the tax-exempt status of the Certificates; (7) modifications to rights of holders of the Certificates; (8) Certificate calls;
(9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates; and (1 I) rating changes. In
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 to the SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB").
AVAILABILITY OF INFORMATION FROM NRMSIRs AND SID... The City has agreed to provide the foregoing information only
to NRMSIRs and the SID. The information will be available to holders of Certificates 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.
LIMITATIONS AND AMENDMENTS... The City has agreed to update information and to provide notices of material events only as
described above. The City has not agreed to provide other information that may be relevant or material to a complete
presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided,
except as described above. The City makes no representation or warranty concerning such information or concerning its
usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for
damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made
pursuant to its agreement, although holders of Certificates ~nay seek a writ of mandamus to compel the City to comply with its
agreement.
The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from a
change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if(l)
the agreement, as amended, would have permitted an underwriter to purchase or sell Certificates 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 such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the
outstanding Certificates consent to the amendment or (b) 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
Certificates. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or
repeals the applicable provisions of the SEC Rule 15c2-12 or a court of final jurisdiction enters judgment that such provisions of
the SEC Rule 15c2-12 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 Certificates in the primary offering of the Certificates. If the City so mnends the
agreement, it has agreed to include with the next financial infurmation and operating 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 WITH PRIOR UNDERTAKINGS , . . The City has complied in all material respects with all continuing disclosure
agreements made by it in accordance with SEC Rule 15c2-12.
FINANCIAL ADVISOR... First Southwest Company is employed as Financial Advisor to the City in connection with the issuance
of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent
upon the issuance and delivery of the Certificates. First Southwest Company has agreed, in its Financial Advisory contract, not
to bid for the Certificates, either independently or as a member ora syndicate organized to submit a bid for the Certificates. 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 Certificates, or the
possible impact of any present, pending or future actions taken by any legislative or judicial bodies.
The Financial Advisor to the City has provided the following sentence for inclusion in this Official Statement. The Financial
Advisor has reviewed the information in this Official Statement in accordance with, and as part or; 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 information.
INITIAL PURCHASER
After requesting competitive bids for the Certificates, the City accepted the bid of (the "Initial
Purchaser") to purchase the Certificates at the interest rates shown on the (inside) cover page of the Official Statement at a price of_
(%) of par plus a cash premium (if any) of $ . The Purchaseffs) can give no assurance that any trading market will be
developed for the Certificates a~er their sale by the City to the Initial Purchaser. The City has no control over the price at which the
Certificates are subsequently sold and the initial yield at which the Certificates will be priced and rcoffered will be established by and
will be the responsibility of the Initial Purchaser.
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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
regarding the future. Readers should not place undue reliance on forward-looking statements. All forward-looking statements
included in this Official Statement 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 actual results could differ materially fi.om those discussed
in such forward-looking statements.
The forward-looking statements included herein are 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 underlying
assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal, and
regulatory 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 judgements with respect to, among other things, future economic, competitive, and market
conditions and future business decisions, all of which are difficult or impossible to predict accurately and many of which are
beyond the control of the City. Any of such assumptions could be inaccurate and, therefore, there can be no assurance that the
forward-looking statements included in this Official Statemeet will prove to be accurate.
MISCELLANEOUS
The financial data and other information contained herein have been obtained from the City's records, audited financial statements
and other soumes which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein
will be realized. All of the summaries of the statutes, documents and resolutions contained in this Official Statement are made subject
to all of the provisions of such statutes, documents and resolutions. These summaries 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.
CERTIFICATION OF THE OFFICIAL STATEMENT
At thc time of payment for and delivery of the Certificates, the City will furnish a certificate, executed by proper officers, acting
in their official 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 in its Official Statonent, and any addenda, supplement or amendment thereto, on the date of such
Official Statement, on the date of sale of said Certificates 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 untrue statement of a material fact or omit to state a
material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under
which they were made, not 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 concerned, 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 are untrue
in 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 Certificates will also approve the form and content of this Official Statement, and
any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Certificates by the
Purchaser.
ATTEST:
Mayor
City of Port Arthur, Texas
City Secretary
City of Port Arthur, Texas
29
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
(Insert Map)
A
Loc ~.'r lOS A~ql)
The City of' Port Arthur is located in Jefferson County on the west shore of Sabine Lake direedy adjacent to the Gulf of Mexico
in the extreme southeast comer of the State of Texas. The land area o~"the City covers approximately 81.5 square miles. The
City is located along the 40-foot deep Sabine-Neches Ship Channel which links Jefferson and Orange Counties with the Gulf of
Mexico. The City is a component of the Beaumont-Port Arthur Metropolitan Statistical Area CMSA') comprised of Jefferson,
Hardin and Ornnge Counties.
ECONOMY
The economy of the MSA is based primarily upon petroleum refining~ the production of petrochemicals and other chemicals, the
fabrication of steel and steel products, shipping activity, the manufacture of wood, pulp, food and feed products, agriculture, and
health care services. Transportation, communications and public utilities account for about 30% of area employment. Six oil
refineries located in the County have a combined capacity 1.142 million barrels per stream day of crude oil. Approximately 250
manufacturing finns am located in the MSA.
The City is experiencing a tremendous economic expansion. The world's largest steam cracker is currently under construction at
Fina's Port Arthur facility through a joint venture with BASF. This $1 billion project is providing 2,000 construction jobs.
When complete, later this year, 150 permanent jobs will be in place. The Clark facility is being upgraded in its entirety. The
anticipated value of this upgrade is $775 million, has created 1,000 construction jobs and is expected to provide 50 permanent
jobs when completed late this year.
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
Jefferson County 245,659 246,402 250,928 239,397 252,051
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 and sidewalks, 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.
INCOME STATISTICS
City of Port Arthur
Median Total
H ouseh old Household
Calendar Estimated Total Effective Effective
Year Population Retail Sales Buying Income Buying Income
1995 58,300 $ 443,458,000 $ 21,157 $ 636,549,000
1996 58,400 431,936,000 21,845 648,641,000
1997 57,300 437,202,000 22,529 659,74%000
1998 58,300 457,567,000 22,560 678,532,000
1999 56,400 582,183,000 24,010 701,491,000
2000 57,200 685,373,000 25,616 721,184,000
Calendar Estimated
Year Pop ulation
1995 243,200
1996 245,000
1997 243,900
1998 249,800
1999 247,600
2000 250,000
Jefferson County
Median Total
Household Household
Total Effective Effective
Retail Sales Buy lng Income Buy ing Income
$ 2,375,385,000 $ 28,164 $ 3,322,295,000
2,325,696,000 29,099 3,409,512,000
2,389,520,000 29,994 3,520,156,000
2,530,605,000 29,706 3,663,490,000
3,644,512,000 31,105 3,771,736,000
3,749,898,000 31,577 3,865,316,000
A-I
gaurce: guffey of Buytag Power, Sales and Marketing Management.
MAJOR EMPLOYERS
The following are the major employers Iocat~ within the Port Arthur area:
Employers
Star Enterprise
Huntsman Carp
St. Mary's Hospital
AMI Mid-Jefferson-Park Place
Dupont
Amefipol/Synpol
Clark Port Arthur Refinery
Texas Drydock
Fina Oil and Chemical
Sandoz Agra Inc.
LABOR STATISTICS
Type of Company
Oil Refinery
Petrochemical Manufacturing
Hospital
Hospital
Chemical Production
Synthetic Rubber Manufacturing
Oil Retlnery
Drydock
Oil Refinery
Herbicide Manufacturing
City of Port Arthur Labor Statistics
Labor Total
Force Employment Unemployment
Rate
1996 25,680 22,163 3,517 13.7%
1997 25,482 22,446 3,036 I 1.9%
1998 25,522 22,745 2,777 10.9%
1999 25,723 22,410 3,313 12.9%
2000 25,406 22,286 3,120 12.3%
2001 {~1 24,760 22,078 2,682 10.8%
Labor
Force
Jefferson County Labor Statistics
Total
Employment Unemployment
Year
Rate
Number of
Employees
1,300
1,290
1,200
1,085
900
860
800
650
465
323
1996 116,281 106,190 10,091 8.7%
1997 116,262 107,549 8,713 7.5%
1998 116,950 108,982 7,968 6.8%
1999 116,881 107,373 9,508 8.1%
2000 115,737 106,782 8,955 7.7%
2001 t;I 113,479 105,784 7,695 6.8%
Source: Texas WorkfomeCommission.
(I) Average through December.
CONSTRUCTION PERMITS
Commercial Residential
Construction Construction
Fiscal No. of No. of
Yew Units Value Units Value
1990 19 $ 515,000 18 $ 1,690,000
1991 25 7,196,000 26 1,742,000
1992 16 4,514,000 46 4,561,000
1993 14 1,164,000 28 2,705,000
1994 5 4,470,000 29 3,905,000
1995 64 6,796,000 50 3,596,000
1996 19 6,48%000 43 3,848,000
1997 15 2,545,000 61 4,733,000
1998 15 7,099,000 217 11,848,000
1999 34 7,647,000 71 6,890,000
2000 38 17,585,000 99 10,345,000
2001 41 18,155,000 81 9,360,000
TRANSPORTATION AND UTILITIES
· he Neches River d -water ship channel mainta ned by the Corps of Engineers at a minimum d~pt~
The City ts served by t . ee? ....... ~ t~,~ berths and handles Drincipally general cargo m ~ts tacflmes
and width of 600 feet. The Port of Port ^rtnur currenny opv~atv
handling about 455,000 tons of cargo per year. A $34 million bond issue was approved to finance a major expansion. The funds
from the sale of these bonds will be used to add three new berths and 200,000 square feet of dockside transit shed space, with an
additional 100,000 square feet of back-side storage planned for long-tenn. Activity at the port continues to grow, and the Port of Port
Arthur remains a leading destination in interaational trade.
Km~sas City Southern Railway and Southern Pacific are the two railroads serving Port Arthur. These companies mainly direct their
service to the petroleum and chemical plants with pick up and delivery, as well as meeting the Port's cargo needs.
Jefferson County Airport, located on U.S. Highway 96, adjacent to the City, is about five minutes from the business district. The
airport provides air access to the leading regional and naDonal markets either through d~rect service or connections at the Houston or
Dallas airports. U.S. Air also provides service through the airport.
Highway ixansoortation is provided by three U.S. Highways 69, 96, and 287 as well as State Highways 347, 87, and 73. Interstate l0
is about 20 minutes from Port Arthur whether heading north to Beaumont, east to Orange, or west to Houston.
Port Arthur Transit System offers city-wide bus service five days a week. Paratransit service is available for the elderly and disabled
citizens via life equipped vans.
Electricity is supplied by Entergy, natural gas by Southern Union Gas and telephone service by Southwestern Bell Telephone
Company.
HEALTD CARE
hos ira s' St Ma's Hospital AMI Park Place Medica Center, AMI Mid Jefferson Hospital and Doctors
The City is served by four p . · ~ s .... ~ ~ ~:.~ i~ 7'~ St Mary's and Park P ace Hospitals provide 24-hour
Hospital The combined total of beds prowaea oy me roar ~,o~,,, .......... --
physician services in their emergency units and provide practically all medical and surgical specialties.
EDUCATION
The Port Arthur area oft~s education at many different levels fcom pre-kindergarten to college. The area has fuur school districts:
Port Arthur, Port Neche~-Groves, Nederland and Sabine Pass· Private and parochial educational opportunities are also available in
the area.
Port Arthur is a state supported two-year division of the Texas State University System. The John Gray
Lerner State College at .... ~:~ted I~ ~t.~ o,4,,~,~ t of business indus , labor and
Institute of the Lamar University System is a major non-pront center u~::u,~ ..... ,a u,c ...........en , try
education in the Gulf Coast crescent. The Stilwell Technical Center is a part of the Port Arthur Independent School District and
on focussin on teaching students sPecific skills, thus enhanc ng their ability t° c°mpete in the j°b market'
offers voeationa educat · g · ' C areer School Tri-State Truck
Other Vocational Tralmng/Busmess/Techmcal Schools include. Chemer Business ollege, Delta C ,
Driving School, and Associated Builders and Contractors Training Center.
A-3
APPENDIX B
EXCERPTS FROM THE
CITY OF PORT ARTHUR, TEXAS
ANNUAL FINANCIAL REPORT
For the Year Ended September 30, 2001
The information contained in this Appendix consists of excerpts fcom the City of Port
Arthur, Texas Annual Financial Report for the Year Ended September 30, 2001, and is not
intended to be a complete statement of the City's financial condition. Reference is made to
the complete Report for further inibnnation.
APPENDIX C
FORM OF BOND COUNSEL'S OPINION