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HomeMy WebLinkAbout01/23/1985 - Workshop Minutes City Council MINUTES WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 1985 4:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, McIlhaney, Prause, Runnels COUNCIL MEMBERS ABSENT: Councilman Anderson STAFF PRESENT: City Manager Bardell, Assistant City Manager VanDever, Director of Capital Improvements Ash, City Secretary Jones, City Attorney Locke, Deputy Finance Di- rector Schroeder, Utilities Office Man- ager Piwonka, Personnel Manager Dickson, Administrative Assistant Magoon, Printing Coordinator Fry, Coun- cil Coordinator Jones STUDENT GOVT. LIAISON: Mike Hachtman VISITORS PRESENT: See guest register. The meeting was called to order with all members of the the Coun- cil present except Councilmen Anderson and Prause. Agenda Item No. 1 - Council Concerns. Councilman McIlhaney stated that she had received a letter from Brazos Beautiful regarding distribution of a monthly "Brazos Beautiful Flyer" providing information about the local communi- ties. She asked City Manager Bardell to submit some information about the City of College Station to Dorothy Miller, who will be writinG the publication. She noted that the deadline for submit- ting information is January 24, 1985. Councilman McIlhaney asked if the State is responsible for main- tenance of the State Highway 6 Bypass access roads. She stated that the roads are not being maintained adequately. Agenda Item No. 2 - Consider adoption of an Ordinance authorizing the issuance and sale of up to $35,000,000.00 Utility System Rev- enue Refunding Bonds, Series 1985, provide the details relating thereto, authorize an agreement with the Paying Agent/Registrar, authorize a Surety Bond in lieu of a Reserve Fund for such Bonds, authorize an Escrow Agreement providing firm banking and finan- cial arrangements for the Bonds for redemption and take all Qther action necessary or appropriate in connection with any of the foregoing matters. Mayor Halter removed this item from the agenda. 00&7 0 REGULAR CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 1985 PAGE 2 Agenda Item No. 3 - Consideration of an Ordinance fixing and de- termining the General Service Rate to be charged for sales of natural gas to residential and commercial consumers in the City of College Station, Brazos County, Texas; providing for the man- ner in which such Rate may be changed, adjusted, and amended; and providing for the recovery of any current and unrecovered prior Rate Case Expenses, providing for a schedule of service charges, and providing for a Main Line Extension Rate. Discussion of Agenda Item No. 3 was delayed until after Agenda Item No. 6. Agenda Item No. 4 - Discussion of the site for the Police Station Renovation. Director of Capital Improvements Ash presented the item. He re- ferred to a drawing depicting the proposed expansion. He stated that expansion of the Police Station facility will either have to be to the east or to the west. He pointed out on the map the portion of the property to the south that is located in the floodplain and floodway and recommended that the expansion not occur in this vicinity. He explained that the proposed plans call for the construction of a two-story building, facing Texas Avenue, to be located in front of the existing building. He noted that the facility will be constructed to allow for future expansion up to five stories. He explained the proposed parking arrangements. He stated that expansion to the west would neces- sitate that the pond be filled. He noted that the Capital Im- provements Council Committee and Staff agree the pond is a nice attraction and provides positive public relations for the city. He pointed out that the pond also serves as a retention pond for drainage in this vicinity. He listed the two alternatives re- garding the pond if expansion of the Police Station facility is located to the west, as follows: (1) The pond can be filled en- tirely; or (2) The pond can be excavated towards Texas Avenue and enlarged in an east/west direction. He noted that Alternative No. (2) is a cheaper method because the dirt from the excavation can be used as fill for the project. Councilman Prause arrived at the meeting. Mayor Halter stated that he would like to keep the pond because it provides a nice setting for citizens to enjoy. Councilman McIlhaney concurred with Mayor Halter's comment. Mayor Halter noted that presently the area proposed for reloca- tion of the pond is low and stands in water. 00 7 1 WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 1985 PAGE 3 Councilman Boughton asked if the new pond will have approximately the same amount of square footage as the existing pond. Director of Capital Improvements Ash stated that an attempt will be made to allow for an equal amount of square footage in each pond to take advantage of the inexpensive fill dirt. He asked for direction from the Council concerning the pond. The Council concurred to proceed with the plan to relocate the pond. Mayor Halter asked that a meeting be scheduled with the architect for the project, Municipal Judge Davis and Capital Improvements Director Ash to discuss the plans for the Municipal Courtroom. Agenda Item No. 5 - Discussion of Refund Methodolo~ for Gulf States Rebate. City Manager Bardell presented the item. He noted that the city has received a rebate and earned interest in the amount of $700,000.00 from the settlement of the city's last rate case with Gulf States Utilities. He listed several options open to the city on how to proceed with these funds as follows: (1) Retain the dollars in the utility account as income; (2) Retain the dol- lars in a reserve account and utilize the interest for special projects in the energy area; (3) Rebate the dollars directly to those who paid them; and, (4) Apply these funds to current power costs to effect a reduction of the Power Cost Adjustment on cur- rent customers bills. He explained the spreadsheet provided in the packet which presents the recent history of the Power Cost Adjustment, the projections of the Power Cost Adjustment for the coming year and two plans for returning the dollars to the cus- tomer via option four (4). Councilman Boughton noted that not all the city's current utility customers are due the rebate. She stated that she would prefer to authorize the money to be deposited in a reserve account and use the interest earned to develop and implement ongoing energy projects that will provide greater savings to the citizens in the long run. Councilman McIlhaney asked about the type of energy saving pro- grams that are being contemplated. City Manager Bardell stated that some research has been done into a project referenced by the initials SCADA, Source Control Acqui- sition Data System. He explained that the city's electric system has sensors throughout the system to determine the amount of voltage that exists out the end of the system. He noted that 00 7 2 WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 1985 PAGE 4 these sensors transfer data back to the Central Control, which adjusts the voltage up or down in the transformers to provide op- timum voltage control in the system. He noted that presently the adjustments have to be made manually, but this system will allow for the adjustments to be made automatically. He noted that the cost of this system is approximately forty million dollars. He further stated that this system could save the consumer approxi- mately $100,000 per year. Councilman Runnels asked how much interest could be earned yearly if the rebate is deposited in a reserve account. Assistant City Manager VanDever stated that the $700,000.00 dol- lar rebate could earn approximately fifty to sixty thousand dol- lars per year in interest. Councilman McIlhaney asked if the survey taken by the Utility De- partment included any questions pertaining to the refunding of this rebate. She stated that she has discussed the matter with several citizens who have indicated that they would prefer to have the money refunded to the utility customers through Credit Plan No. 1. Councilman Prause requested additional information on the differ- ent types of energy saving programs that are available. City Manager Bardell stated that he would prepare and return to Council in two weeks some projections of what return or savings could be expected from some of the possible projects that could be financed by the rebate. The Council concurred with City Manager Bardell's statement. AGenda Item No. 6 - Opening of Bids received for the leasing of minerals in, on and under tracts of property owned or claimed by the City of College Station, Texas. Mayor Halter opened and read the following submitted bids: Bids were opened for Tracts 1, 20, 26, 27, 28, 16, 21, 22 and 5 from Charles T. Hamilton, 25018 Londontown, Spring, Texas. Bids were opened for Tracts 1, 16, 25, 26 and 27 from Threshold Energy, Inc., 900 Southwest Parkway, College Station, Texas. Bids were opened for Tracts 5, 25, 16, 21, 1, 10, 26, 28, 22, 27 and 4 from RDS Resources, Inc., 804 Finfeather, Bryan, Texas. 00 7&3 WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 1985 PAGE 5 Agenda Item No. 3 - Consideration of an Ordinance fixin~ and de- terminin~ the General Service Rate to be char~ed for sales of natural ~as to residential and commercial consumers in the City of College Station, Brazos County, Texas; providin~ for the man- ner in which such Rate may be chan~ed, adjusted, and amended; and providing for the recovery of any current and unrecovered prior Rate Case Expense, providing for a schedule of service char~es, and providin~ for a Main Line Extension Rate. Mr. Dan Weber, representative for Lone Star Gas, presented a brief overview of Lone Star Gas Company's rate increase request. He stated that Lone Star Gas is requesting a 4.72 percent in- crease in College Station. He noted that Lone Star Gas customers are currently paying less for gas than they were twelve months ago. He explained that the rate increase request is a result of increased operating expenses, which include expenses other than the cost of gas. He pointed out that the decrease in the cost of gas has been passed on directly to the customer through the gas cost adjustment. He displayed several charts summarizing the following information: (1) Comparative Data Expense Per Customer Incurred For Texas Distribution Operations; (2) Average Sales Price Per MCF Residential and Commercial For 1982 and 1983; (3) Comparison of Average Price Per MCF Sold LSG vs. Other State Utility and Pipeline Companies (Industrial Only); (4) Comparison of Equivalent Energy Use Gas vs. Electric Cost of Operation Per Million BTU's Of Energy (Residential Only); and, (5) Distribution of One Dollar Revenue For Lone Star Gas. He reviewed the State- ment of Intent submitted by Lone Star Gas Company. Councilman Runnels asked if the free limit established by Lone Star Gas for Main Line Extension will change with annexation of additional property into the city limits. Mr. Weber replied neg- atively. Mayor Halter stated that the Council will have to take action on this matter prior to February 13, 1985 or the proposed rates will automatically take effect. He suggested that the Council delay consideration of this matter for ninety (90) days so that the city's efforts can be coordinated with the efforts of the City of Bryan. Mr. Weber requested that the Council also consider a motion to authorize a temporary rate increase. 00 Ta WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 1985 PAGE 6 Councilman Prause move to delay action on this matter for ninety (90) days. Councilman Runnels seconded the motion which was approved unani- mously, 5-0. Agenda Item No. 7 - Adjourn. Mayor Halter adjourned the meeting at 5:20 P.M. ATTEST~~: Dian Jones Gary l~al~, Mayor 00 7 5 cO.__. '~ ~'c PRELIMINARY OFFICIAL STATEMENT DATED JANUARY 21, 1985 NEW IS~]r~E Ratings: MBIA Insured Moody's --"Aaa" S&P--"AAA" The issuance of the Bonds is subject to the opinion of Bond Counsel to the effect that the interest on the Bonds is exempt from all present Federal income taxes under existing statutes, regulations, published rulings, court decisions and official interpretations thereof. $33,050,000* CITY OF COLLEGE STATION, TEXAS (Brazos County) UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1985 Dated: January 15, 19S5 Due: February 1, as shown below The Bonds are special obligations of the City of College Station, Texas, issued pursuant to a bond ordinance adopted by the City Council of the City of College Station, Texas and are payable from and secured by a first lien on and pledge of the revenues derived from thc operation of the City's Utility System (water, sewer and electric), after deduction of the reasonable expenses of maintenance and operation of said system. The owner or owners of the Bonds shall never have the right to demand payment of the principal and interest on the Bonds out of any funds raised or to be raised by taxation. Interest on the Bonds will be due on August 1, 1985, and each February ! and August I thereafter until the earlier of maturity or prior redemption. The Bonds will be issued in fully registered form in integral multiples of $5,000, and principal and semi-annual interest will be payable by thc First City National Bank of Houston, Houston, Texas, the paying agent/registrar (the "Registrar"). Principal of the Bonds will be payable to the registered owner at maturity or redemption upon presentation of such Bonds to the Registrar. Interest on the Bonds will be payable by check or draft, dated as of the interest payment date, a,-.d mailed by the Registrar to registered owners as shown on the records of the Registrar as of the fifteenth day of the month next preceding each interest payment date. February 1 Maturity Schedule* Yield Yield Amount Maturity Rate or Price Amount Maturity Rate or Price $2, ! 85,000 1986 ~.% __.% $2, 155,000 ! 994 __.% __.% 2,320,000 1987 __.% __.% 2,145,000 1995 __.% --.% 2,455,000 1988 __.% __.% 2,160,000 1996 2,415,000 1989 __.% ~.% 2,150,000 1997 ~.% ~.% 2,340,000 1990 __.% __.% 2,015,000 1998 __.% --.% 2,300,000 1991 __.~o __.% i,525,000 1999 % --.% 2,270,000 1992 __.% __.% 1,505,000 2000 % ~.% 2,180,000 1993 __.% __.% 930,000 2001 __.% ~.% Optional Provisions All Bonds maturing on or after February 1, 1996 are optional for redemption in whole or in part on February i, 1995 or any interest payment date thereafter at par and accrued interest to the date fixed for redemption. If less than all of the Bonds are redeemed at any time, the particular Bonds to be redeemed shall be selected by the City in integral multiples of $5,000 within any one maturity. The registered owner of any Bond, all or a portion of which has been called for redemption, shall be required to present same to the Registrar for payment of the redemption price on the portion of the Bond so called for redemption and issuance of a new Bond in the principal amount equal to the portion of such Bond not redeemed. Delivery The Bonds are offered when, as and if issued, subject to approval by the Attorney General of the State of Texas and Messrs. Baker & Botts, Bond Counsel, Houston, Texas. Definitive Bonds are expected to be available for delivery on or about January 30, 1985 in Austin, Texas. This Official Statement was prepared under the direction of Moroney, Beissner & Co., Inc., Financial Advis~-o..to ttie City and Moroney, Beissner & Co., Inc. is not a member of the Underwriting Group. RAUSCHER PIERCE REFSNES, INC. UNDERWOOD, NEUHAU$ & CO., INCORPORATED * Subject to change. CITY OP COLLEGE BTATXOE, TEXAS ADMINISTRATION The Ci~y o~ Collese Station operates under a council-uanager form of goverment. ~he Mayor and Council members must be citizens of the United States and qualified voters of ~he S~s~e of Texas; and m~ ~ve resided vlChin the cor~raCe l~mlC8 of the City of College Station for ac least o~ (1) year ~x~ precedln~ ~he election a~ vhich ~he~ ire caudi~tes. ~e hyor and six Council Mm~F8 are elected fr~ ~he Ci~y a~ lar~. In each eve~d ~hree ~uncil meagre and ahyor ere elected, and in each odd-~m~red year ~h~e Council meagre are elected. ~e ~yor and each Council ~mber hold office for a per~od o~ cwo years and un~il hie successor 18 elected and q~li[~ed. A vacancy in the City Council Lo ~illed ~ a special election which mus~ ~ ~lled si ~he ~currence si such vacancy. I[ a vacancy ~cur8 wi~hin 90 days precedin~ · ~neral elect[one no special election ~11 ~ called and the vacancy ~[11 ~ filled a~ ~he ~x~ ~eneral elec~i~. AIl po~rs si ~he City are ves~ed in au elective council vhich e~c~s local legislation, adopts ~dse~s, ~e~ineo ~licie8, and ~ploys ~he City ~na~er, who executes ~he law8 and a~nioCero ~he 8over~en~ of ~he City. ~e Ci~y Cou~[1 dete~s the ~ls si ~he City end opera,es as a ~l[cy uakin~ body. ~e City hna~er executes ~he ~llc[es of ~he ~uncil concernlns ua~ers of ~licys ~reon~le and budseC[n8. Official Title Dr. Gary N. Halter ~ayor Fear/cia B. Boushton Dr. Robert Runnels Dr. Alvin Preuse Lynn Mc Ilhaney Vicky H. Belnke C~ry Anderson Count i lwoman Co usc i lman Councilman Count i lvouan Co usc i lwo nan Counc il=an ELECTED OFFICIALS Lansth Tam of Service Expires Occupation 9 1/2 Years 4/86 6 1/2 Years 4/86 4 1/2 Years 4/86 3 1/2 Years 4/85 2 1/2 Years 4/86 I 1/2 Years 4/85 1 1/2 Years 4/85 Associate Professor, Dept. of Political Science, Texas A & N University ~.o~emaker Assistant Professor~ Dept. o£ Heteorolosy, Texas A 6 # University Pediatrician Rouemeker Technical Writer, Texas Enslneerins Extension Service Sr. Vice President, First Bank & Truer ADMINISTRATIVE OFFIC L%LS Posi tlon Offichtl North Bardell A.E. Vms Darers Jr. Glenn Schroeder IHen Jones Elrey B. Ash II Lone ll F. Denton Horoney, Beissner & Co., City Manager Asst. City M~r. & Director of Finance Deputy Director of Finance/ T~x Assessor-collector City Secretery IHrector of Capital Iuprovemente City Attorney Financial Advisors *With the City; t~o years in present position. Years of Service 10 1/2 Years 6 1/2 Years 7 1/2 Years 32 1/2 Years* 10 1/2 Ynere 4 1/2 Years 29 1/2 Years BOND COUNSEL Baker & Botts, Houston, Texas Authorization The City of College Station, Texas (the 'City') is a political subdivision of the State of Texas and a municipal corporation organized and existing under the laws of the State of Texas, including its duly adopted Home Hule Charter (the mCharter') and is authorized by the Charter and by Article 1175, Vernon's Annotated Texas Civil Statutes ('V.A.T.C.S.'), as emended, to own, operate and maintain a water, sewer and electric utility system (the 'System'). The Bonds are issued pursuant to the Charter and the general laws of the State of Texas, particularly Article 717k, V.A.T.C.S., and additionally pursuant to an ordinance authorizing the issuance and sale of the Bonds (the UBond Ordinance') passed by the City Council on the date of sale of the Bonds. Security The Bonds will constitute valid and legally binding special obligations of the City of College Station, Texas, payable from and secured by a first lien on and pledge of the revenues derived from the operation of the System, after deduction of the reasonable expenses of maintenance and operation of the System. The owner(s) of the Bonds shall never have the right to demand payment of the principal and interest on the Bonds out of any funds raised or to be raised by taxation. Payment aecord The City has never defaulted. PLAN OF FINANCING The $33,050,000* Utility System Revenue Refunding Bonds, Series 1985 (the "Bondsm) are being issued to refund all of the City's outstanding Utility System Revenue Bonds (the 'Refunded Bonds') which include the followings Original Issue Amount Amount Style Outstanding 600,000 $ 150,000 Waterworks & Sewer System & Electric Light & Power System Revenue Bonds, Series 1967 800,000 Utility System Revenue Bonds, Series 1971 280,000 500,000 Utility System Revenue Bonds, Series 1973 225,000 3,000,000 Utility System Revenue Bonds, Series 1976 2,100,000 6,145,000 Utility System Revenue Bonds, Series 1979 5,175,000 3,000,000 Utility System Revenue Bonds, Series 1981 2,100,000 4,220,000 Utility System Revenue Bonds, Series 1982 3,400,000 9,325,000 Utility System Revenue Bonds, Series II 1982 8,800,000 17,380,000 Utility System Revenue Bonds, Series 1984 17r380r000 Total ............................................. $39,610,000 shown above are optional for redemption on February 1, 1987 or The Series 1982 Bonds any interest payment date thereafter at par and accrued interest. The Series 1982 Bonds will be called on the initial option date. The principal and interest payments on the Refunded Bonds are to be paid on the dates each co, es due (except the optional portion of the Series 1982 Bonds, the principal of which will be paid on the February l, 1987 option date) from funds to be deposited with First City National Bank of Houston, Houston, Texas (the 'Escrow AgentU). The Bond Ordinance provides that from the proceeds of the sale of the Bonds to the Underwriters, and from other funds of the City now on hand and lawfully available for such purpose, the City will deposit with the Escrow Agent the a~unt necessary to accomplish the discharge and final payment of the Refunded Bonds. Such funds will be held by the Escrow Agent in an escrow account (the 'Escrow Fund') and used to purchase direct obligations of the United States of America (the UFederal Securities'). Touche Ross & Co., Certified Public Accountants, will verify at the time of delivery of the Bonds to the initial purchasers thereof that the Federal Securities will mature at such times and yield interest in such amounts that, together with uninvested funds, if any, in the Escrow Fund, will be sufficient to pay, when due, the principal and interest on the Refunded Bonds at their scheduled maturities or prior redemption. Such maturing principal of and interest on the Federal Securities will not be available to the Bonds. *Subject to ahange. Under a certain Speclal Escrow Agreement (the 'Escrow Agreement') to be dated as of January 30, 1985 between the City and the Escrow Agent, the Escrow Fund is irrevocably pledged to the payment of principal of and interest on the Refunded Bonds. By the deposit of the Federal Securities and cash with the Escrow Agent pursuant to the Escrow Agreement, the City will have effected the defeasance of the Refunded Bonds pursuant to the terms of the Bond Ordinance. In the opinion of Bond Counsel, as a result of such defeasance, the Refunded Bonds will no longer be payable from the net revenues of the System but will be payable solely from the principal of and interest on the Federal Securities and cash held for such purpose by the Escrow Agent, and the first lien on and pledge of net revenues of the System for the payment of the principal and interest on the Refunded Bonds will be discharged. Sources and Uses of Funds The proceeds from the sale of the Bonds will be applied approximately as follows: Sources of Funds: Principal amount of the Bonds ......... $ Interest and Sinking Funds ............ Reserve Fund .......................... Accrued Interest ...................... Total Available Funds ................. Use of Funds: Deposit in Escrow Fund (Federal Securities and Cash) .............. Cost of Issuance ...................... Total Use of Funds .................... MUNICIPAL BOND INSURANCE The following information has been supplied by and is the sole responsibility of the Municipal Bond Insurance Association The City has received a commitment from MBIA for a policy of insurance on the Bonds. The policy unconditionally guarantees the timely payment of principal of and interest on the Bonds to the paying agent of the Bonds. The policy is non-cancellable and the premium will be fully paid at delivery of the Bonds. Upon notification of failure by the City to deposit ~ull payment of principal and interest coming due with the paying agent, MBIA's members are obligated to deposit funds promptly with Citibank, N.A., New York, New York, as fiscal agent for MBIA, sufficient to fully cover the deficit in the Paying Agent's account. The insurers will be responsible for such payments, less any amounts received by the holders of the Bonds frem the City or from any other sources other than the insurers. Normally, notice of an impending default will be received An advance of the payment date of the Bonds allowing MBIA time to make the funds available for payment on the due date. If notice of non-payment is received on or after the due date, MB~A will provide for payment on the business day following receipt of the notice. Upon payment by MBIA of principal or interest on any Bonds, MBIA becomes the owner thereof. The insurance companies comprising MBIA and their respective percentage liability are as follows: The Aetna Casualty and Surety Company, thirty-three percent (33%); Fireman's Fund Insurance Cempany, thirty percent(30%); The Travelers Inde~nnity C~upany, fifteen percent (15%); Aetna Insurance Company, twelve percent (12%); and The Continental Insurance Cempany, ten percent (10%). The policy is a several and not a joint insurance policy obligation of the participating inaurance companies. Each company's participation is becked by its entire resources. The following table sets forth financial information with respect to the five member companies of MBIA. The statistics are as reported by the member companies to the New York State Insurance Department. Aetna Casualty Assets 12/31/83 .... $7,526,700 Policyholders' Surplus 12/31/83 ..... $1,200,367 (O00's Omitted) Fireman's Traveler's Aetna Continental Fund Indemnity Insurance Insurance Total $4,084,010 $4,721,424 $3,732,062 $1,220,693 $21,284,889 $777,090 $785,507 $380,273 $204,885 $3,348,122 Moody's Investors Service, Inc. and Standard & Poor's rate all new issues insured by MSIA 'Aaa" and mAAA" respectively. The MSIA companies listed above or their parent organizations have been in the insurance business from seventy to over a hundred years. Each MBIA company holds a policyholder rating accorded insurers of Excellent, A, or A-plus by the insurance company rating authority, A.M. Best Company, Inc. MBIA has obtained a ruling from the Internal Revenue Service that neither the insurance protection nor payment thereunder will affect the exemption from Federal income tax of interest on bonds so insured. The Securities and Exchange Commission has issued a no-action letter stating that municipal bonds insured by MSIA are not subject to registration under the Securities Act of 1933. A Statement of Insurance will be printed on the Bonds. A copy of the form of insurance policy to be issued at closing is included herein as Exhibit REGISTRATION Tax E~uity and Fiscal Responsibility Act of 1982 (=TEFRA=), as amended, mandates, among other things, that all municipal bonds (excepting those with a one year maturity or less) must be in fully registered form beginning July 1, 1983. Paying Agent/Registrar (the "Registraru) The Bonds will be issued in fully registered form in integral multiples of $5,000, and principal and semi-annual interest will be payable by the First City National Bank of Houston, Houston, Texas, the Paying Agent/Registrar (the 'Registrar"). Principal of the Bonds will be payable to the registered owner at maturity or redemption upon presentation to the Registrar. Interest on the Bonds will be payable by check or draft, dated as of the interest payment date, and mailed by the Registrar to registered owners as shown on the records of the Registrar as of the fifteenth day of the month next preceding each interest payment date. Successor Paying Agent/Registrar Provision is made in the Bond Ordinance for replacement of the Registrar. If the Registrar is replaced by the City, the new Registrar shall accept the previous Reglstrar~s records and act in the same capacity as the previous Registrar. Any Registrar selected by the City shall be either a national or state banking institution and shall be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. Successor Registrars, if any, shall be determined by the City. Future Registration The Bonds may be transferred, registered and assigned only on the registration books of the Registrar, and such registration and transfer shall be without expense or service charge to the owner, except for any tax or other governmental charges required to be paid with respect to such registration and transfer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instrument of transfer and assignment acceptable to the Registrar. A new Bond or Bonds will be delivered by the Registrar in lieu of the Bond being transferred or exchanged at the pr/nc/pal office of the Registrar. To the extent possible, new Bonds issued in an exchange or transfer of Bonds will be delivered to the registered owner or assignee of the owner in not more than three (3) business days after the receipt of the Bonds to be cancelled in the exchange or transfer and the written instrument of transfer or request for exchange duly executed by the owner or his duly authorized agent, in form satisfactory to the Registrar. New Bonds registered and delivered in an exchange or transfer shall be in denominations of $5,000 or any integral multiple thereof for any one maturity, shall specify the same maturity date and be for a like aggregate principal amount as the Bond or Bonds surrendered for exchange or transfer. Limitation on Transfer or Exchange of Bonds Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Bond during the period of fifteen (15) days next preceding any interest payment date or to transfer or exchange any Bond during the period commencing with the City*s notice to the Paying/Agent Registrar that the City intends to redeem such Bond or Bonds of the same maturity and ending on the date fixed for the redemption of such Bond or Bonds. Record Date The record date ('Record Date') for the interest payable on any interest payment date is defined as the fifteenth day of the month next preceding such interest payment date. USI~ OF INFORMATION TN OFFXCIAL STATEMENT This 'Official Statement' has been prepared by Moroney, Beissner & Co., Inc., a firm employed by the City to perform professional services in the capacity of Financial Advisors, lncludinq the preparation of this 'Official Statement.' Information with respect to interest rates, discounts, and other matters relating to the resale of the Bonds, including changes in the affairs of the City subsequent to the date hereof, is the responsibility of the Underwriters and such information is not provided herein. The information set forth herein has been obtained from the City and other sources which are believed to be reliable, but no guarantee is made as to the accuracy or completeness of such information, and its inclusion herein is not to be construed as a representation on the part of the City nor Moroney, Beissner & Co, Inc. to such effect. No person has been authorized to give any information or to make any representations other than those contained in this 'Official Statement,s and if given or made, such other information or representations must not be relied upon as having been authorized by the City or Moroney, Beissner and Co., Inc. This 'Official Statement' does not constitute an offer to sell or solicitation of an offer to buy in any state in which such offer or soliciation is not authorized, or in which the person making such offer or solicitation is not qualified to do so, or any person to whom it is unlawful to make such offer or solicitation. Any information and expressions of opinions herein are subject to change, without notice, and neither the delivery of this uOfficlal Statement,u nor any sale made hereunder, shall under any circumstances create any implication that there has been no change in the affairs of the City since the date hereof. UTILITY DEPARTMENT Utility System Revenue Bonds Outstanding (The Bonds) ................ $33,050,000(1) Fund Balances: Interest and Sinking Fund ...................... $3,885,404 (2) Reserve Fund 3,770,895 (2) Operating Fund .................................. 2f931rT07 Total Fund Balances .............................. $10,588,008 (1) Subject to Chanqe (2) These amounts are to be deposited into the Escrow Fund and applied to the Refunded Bonds. REVENUE BONDS AUTHORIZED BUT UNISSUED Date of Author- Authori- Amount Previously ized but zation Authorized Purpose Issued Unissued 8/13 8~ $9,500,000 Sanitary Sewer System Improvements $4,500,000 $5,000,000 UTILITY SYSTEM OPERATING STATEMENTS The following condensed operating statements were taken from Hereford Lynch & Co., CPA's, Huntsville, Texas. Fiscal Year Ended June 30 audits prepared by 1984 1983 1982 1981 Revenue: Electric $21,265,591 $18,630,622 $13,077,553 $ 9,295,153 Water & Sewer 4,379,039 3,931,081 2,770,781 2,241,422 Tap Fees 159,763 267,648 197,464 160,760 Interest* 715,994 566,176 83,932 52,531 Other 473r437 782~197 5081942 2191867 Total Revenue $26,993,824 $24,177,724 $16,636,652 $11,969,733 Expenses: Power Purchased $10,502,052 $10,902,294 $ 5,901,946 5,596,912 Water Production 846,761 653,689 631,226 590,405 Tap Expense 67,783 91,701 121,880 94,514 Other Hxpenses 4r731r990 3~637t748 2r649t460 11693r021 Total Expenses: $16,148,$86 $15,285,432 $ 9,304,512 $7,974,852 Available for Debt Service $10,845,238 $ 8,892,292 $ 7,332,140 $3,994,881 Coverage of Average Annual Debt Service Requirements on Revenue Bonds ............ 2.99X 2.46X 2.02X 1.10X The estimated maximum annual debt service requirements on Revenue Bonds is $5,212,870 and occurs in fiscal year ending 6/30/86. The net revenues available for Debt Service for the Fiscal Year ending 6/30/84 are 2.08 times this maximum annual requirement. * Excludes interest earned on construction funds. CUSTOMER COUNT 11/30/84 6/30/84 6/30/83 6/30/82 6/30/81. 6/30/80 Water 13,836 13,137 12,718 10,628 9,080 6,288 Sewer 18,031 16,567 15,822 13,361 12,692 6,757 Electric 18,311 15,684 14,985 12,881 13,250 10,143 * In prior years, the number of utility customers was determined by counting the number of meters through which service was provided. There are numerous multi-unit housing complexes within the City being provided service through single meters. With the aid of the City's computerized accounting utility record-keeping system, the actual number of customers being served is now counted. WATER~ SEWER AND ELECTRIC RATES (All customers are billed monthly) WATER Type of Customer All customers ......................... Residential .......................... Co~uuercial and Industrial ............. SEWER $1.25 per 1,000 gallons $4.00 per month service charge $8.00 per household unit First 7,000 gallons - $8.00 Each additional 7,000 gallons or fraction thereof of water used - $2.00 ELECTRIC The following electric rates are subject to a power adjustment charge which re- quires that the net energy charge per kilowatt hour shall be increased or decreased by an amount per kilowatt hour equal to any increase or decrease in the wholesale rate paid for electric energy by the City by virtue of the fuel clause in the whole- sale contract. Residential ........................... Small Con~ercial (1/10 KW demand) ..... Medium Co~ercial and Industrial (10/500 KW De~and) ................... Service Charge ...... $4.00 per month, plus: First 100 kwhrs ...... $.095 per kwhr Next 400 kwhrs ....... $.065 per kwhr Over 500 kwhrs ....... $.058 per kwhr Over 500 kwhrs used per month in the billing months of November thru April ................. $.0506 per kwhr Service Charge ..... $7.00 per month, plus: First 200 kwhrs .... $.108 per kwhr Next 800 kwhrs .... $.093 per kwhr Over 1,000 kwhrs .... $.063 per kwhr Service Charge ..... $25.00 per month plus: Demand Charge ..... $8.00 per kw of billing demand First 50,000 kwhrs .. $.037 per kwhr Over 50,000 kwhrs .. $.032 per kwhr The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1) $105.00 per month plus applicable power cost adjustment on the kilowatt-hours used. 2) The sum of service charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt-hours used. 3) The minimum monthly charge specified in the customer's service contract with the City, plus applicable power cost adjustment on the kilowatt- hours used. ELECTRIC (Continued) Type of Customer Large Coaunercial and Industrial (500/2500 kw demand) ............... Service Charge .... $50.00 per month, plus Demand Charge ... $4,000 for the first 500 kw of billing demand $7.50 per kw of billing demand for all over 500 kw, plus First 250,000 kwhrs ............ $.034 per kwhr All additional kwhrs .......... $.030 per kwhr The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1) 2) 3) $4,050.00 per month plus applicable power cost adjustment on the kilowatt-hours used. The sum of service charge and demand charge under the above rate, plus applicable power cost adjustment on the kilowatt-hours used. The minimum monthly charge specified in the customer's service contract with the City, plus applicable power cost adjustment on the kilo- watt-hours used. #ATRR SUPPLY SOURCE Since December, 1981, College Station has had the capability to produce and deliver 100% of its water needs through the new aqueduct system from the new well field. This newly completed system includes three wells with a combined capacity of 12 million gallons per day. The water is delivered to the distribution system by 14 miles of 30-inch diameter pipeline and two pump stations. Each of the three wells mentioned above is completed into the Simsboro Sand of the Wilcox formation which forms a very prolific squarer of high quality water and which should be capable of supporting a combined poppulation of 300,000. SEWAGE TREATMENT FACILITIES College Station's wastes are treated by the City-owned sewage treatment plant located within the City. The sewage treatment plant has a capacity of 4.1 million gallons per day (mgd) average load, and 12 mgd, peak load. The City is presently experiencing approximately 4.75 mgd average load and 6.5 mgd peak peak load. Currently, the City is expanding its wastewater treatment plant by 4 mgd, and upon completion, the sewage treatment plant capacity will be adequate to serve a population estimated at 80,000. ELECTRIC SUPPLY SOURCE The City of College Station presently purchases 100% of its electrical power from Gulf States Utllllittes under a contract valid through 1997. The City is served through three 138 kva transmission lines, tied to a ring bus at the City switching station. One 138 line comes from the Ree Dee substation in Madisonville, Texas, one line frem the Lewis Creek station in Willis, Texas and one line from the Grimes substation in Shiro, Texas. LOHE STAR MUHICIPAL POWER AGENCY The Lone Star Municipal Power Agency ('The Agency') is a joint action agency authorized by the 68th Legislature of Texas in 1983. The member cities are College Station, Texas, Caldwell, Texas, Elrbyville, Texas and Newton, Texas. The Agency was formed for the purpose of seeking and securing a long term, reliable and economic power supply source for these Cities, all of which currently purchase power from Gulf States Utilities Company. In June 1983 the initial meeting of the Agency was held in Caldwe11, Texas and it was announced that the City of College Station was negotiating with the Trinity River Authority ('TRA') on the construction of a hydroelectric facility at Lake Livingston. TRA proposed that College Station fund the preparation of a license application to the Federal Energy Regulatory Commission and in return College Station would receive the first right of refusal for the power from the proposed plant. On October 5, 1983 it was announced that the TRA and College Station had submitted an application for a license to operate a hydroelectric plant at Lake Livingston of approximately 35 megawatts. On January 16, 1984 the agency held its first official meeting, adopted the by-laws, elected officers, adopted a seal, designated the administrative office and interviewed prospective engineers. On March 5, 1984 Mr. R. Michael Simmons was named General Counsel of the agency and the board authorized to contract with Eurns and MacDonald, Consulting Engineers, for a feasibility study. In July 1984 Eurns and MacDonald presented their report entitled "Reconnaissance Review of Power Supply Alternatives for the Lone Star Municipal Power Agency'. Negotiations have been under way since that time with the Gulf States Utilities Company to allow the Agency to assume contract responsibility for all power delivered to the four members, and to change the power delivery from the Wholesale Distribution Rate to the Wholesale Transmission Rate for all members. The City of College Station does not have a contract with the Agency nor with TRA for the power to be delivered from the proposed Lake Livingston plant. The only commitment the City of College Station has from or with TRA is the first and second right of refusal on the Contract for Power as the result of funding the permit application. $33,050,000* UTILITY SYSTEM REVENUE REFUNDING BONDS ESTIMATED DEBT SERVICE P~UIRBMENT SCHEDULE Fiscal Year Ending 6/30 Principal Interest Total P&I 1986 $2,185,000 $3,027,870 $5,212,870 1987 2,320,000 2,853,422 5,173,422 1988 2,455,000 2,672,462 5,127,462 1989 2,415,000 2,474,836 4,889,836 1990 2,340,000 2,274,390 4,614,390 1991 2,300,000 2,075,490 4,375,490 1992 2,270,000 1,873,090 4,143,090 1993 2,180,000 1,666,520 3,846,520 1994 2,155,000 1,463,780 3,618,780 1995 2,145,000 1,259,056 3,404,056 1996 2,160,000 1,048,846 3,208,846 1997 2,150,000 833,926 2,983,926 1998 2,015,000 616,776 2,631,776 1999 1,525,000 411,246 1,936,246 2000 1,505,000 254,170 1,759,170 2001 930,000 97,650 1,027,650 Average Interest Rate Average Maturity *Subject to change. 10 CiW of College Station ~ OFFiC~ BOX ~)f~O I I01 'IF-XAS AVENUE COLLF.~E STATION. TEXAS Met, ]ievm,~s 11,011,985 13,707,550 15,213,380 16,166,500 Se~r~oes 1.989.~ ~.069.~91 2,172.900 2,2~1 ,~00 11.638.059 13.0~0.~80 13.88~,~30 11 SIL~CTED PROVISIONS OF THE BOND ORDXHANCE The ~ond Ordinance authorizes the issuance and sale of the Bonds and prescribes terms, conditions and provisions for the payment of the principal of and interest on the Bonds by the City. Set forth below is a summary of certain provisions of the Bond Ordinance. Paragraph headings are supplied for ease of reference and are not contained in the Bond Ordinance. Such summary is not a complete description of the entire Bond Ordinance and is qualified by reference to the Bond Ordinance, copies of which are available fro~ Moroney, Beissner & Co., Inc., the City's Financial Advisor, upon request. Definitions The following terms shall have the respective meanings specified: (a) The term 'Additional Bonds' means the additional bonds and other evidences of indebtedness which the City reserves the right to issue under Section 15 hereof. (b) The term 'Associationm shall mean Municipal Bond Insurance Association, a voluntary unincorporated association of insurance companies organized under the laws of the State of New York. (c) The term 'Bond Fund' means the fund provided for in Section 13 of this Ordinance. {d) The term 'Bonds' shall mean the $33,050,000 of Bonds authorized by this Ordinance. (e) The term 'Citym refers to the City of College Station, Texas, or where appropriate to the City Council thereof. (f) The term 'City Council' shall mean the City Council of the City. (g) The term 'Junior Lien Certificates~ shall mean the following certificates of obligation issued by the City bearing the dates, in the original principal amounts and finally maturing as set forth below, to-wit: Date Principal Amount Maturity 7/24/81 $ 284,062.50 7/24/91 7/24/81 1,297,000.00 7/15/88 10/23/81 400,000.00 10/23/91 11/13/81 91,380.00 11/13/86 4/17/84 440,000.00 4/17/94 6/11/84 400,000.00 6/11/94 (h) The term 'Net Revenues' as used in this Ordinance shall mean the gross revenues of the Systam8 less the reasonable expenses of operation and maintenance, including all salaries, labor, materials, repairs and extensions necessary to render efficient servicer provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the plant or utility in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds authorized by this Ordinance and any additional bonds permitted to be issued hereunder, shall be deducted in determining 'Net Revenues.' (i) The term 'Paying Agent/Registrar' shall mean, initially, First City National Bank of Houston, Houston, Texas, or any successor appointed hereunder in its capacity as such. (j) The term 'Systems' as used in this Ordinance shall mean the City's combined Waterworks System, Sewer System and Electric Light and Power System, including all present and future extensions, additions, replacaments and improvements thereto. (k} The term 'Systems Fund' shall mann the fund provided for in Section 12(b) hereof. 12 , Pledge of Revenues The Bonds, any Additional Bonds and the interest on all such Bonds, are and shall be payable from and secured by an irrevocable first lien on and pledge of the Net Revenues of the Systems, and the Net Revenues are hereby pledged irrevocably for the payment and security of the Bonds, any Additional Bonds and the interest on all such Bonds. Rate Covenant The City covenants and agrees with the holders of the Bonds and Additional Bonds, if and when issued, that it will (a) fix and maintain rates and collect charges for the facilities and services afforded by the Systems which will provide revenues sufficient at all times: (1) To pay all operation, maintenance, depreciation, replacement and betterment charges of the Systems~ (2) To establish and maintain the Bond Fund~ (3) To generate in each year Net Revenues equal to one and twenty-five hundredths (1-25/100) times the maximum annual requirement for the payment of the principal of and interest on the Bonds and any Additional Bonds at the time outstanding and payable from the revenues of the Systems (although amounts shall be paid into the Bond Fund only in accordance with Section 13 hereof)~ and (4) To pay all indebtedness other than bends outstanding against the Systems including without limitation the Junior Lien Certificates, as and when the same become due~ and (b) deposit as collected all revenues derived from the operation of the Systems into the Systems Fund which shall be kept separate and apart from all other funds of the City. Flow of Funds From the Net Revenues available in the Systems Fund, the City shall make substantially equal monthly payments into the Bond Fund during each year in which any of the Bonds are outstanding, commencing with the date of delivery of the Bonds to the initial purchasers thereof, in an aggregate amount equal to one hundred percent (100%) of the amounts required to meet the interest and principal payments falling due on or before the next maturity date of the Bonds. The City shell, et least five days prior to each August 1 and February 1, deposit into the Bond Fund any additional Net Revenues available in the Systems Fund necessary to pay in full the interest on and principal, if any, coming due on such August 1 and February 1. In no event shall any amount in excess of the amounts stated above bo placed in the Bond Fund for the payment of the interest on or principal of the Bonds, and any amount so placed may be withdrawn by the City and replaced in the Systems Fund. Any funds remaining in the Systems Fund, after provision for the reasonable cost of operating and maintaining the Systems, and after paying the amounts required to be paid into the Bond Fund for the Bonds, may be used by the City for any lawful purpose. MBIA Insurance The City shall purchase a policy of insurance from the Association to the effect that the members thereof (each acting severally and not Jointly) unconditionally and irrevocably guarantee to the owner of any of the Bonds (other than the City) the full and complete payment required to be mede by or on behalf of the City to the Paying Agent/Registrar of an amount equal to the principal of and interest on the Bonds as such payments shall become due and not be so paid, and that the premium for such policy shall be paid out of the proceeds of sale of the Bonds as a cost of the issuance thereof. Additional Parit~ Bonds In addition to inferior lien bonds authorized by Article llllb, Vernon's Texas Civil Statutes, as emended, the City expressly reserves the right hereafter to 18sue additional parity bonds and other evidences of indebtedness now or hereafter authorized by the Legislature of Texas, and such additional parity bonds and other evidences of indebtedness, when issued, may be secured by and payable fro~ a first lien on and pledge of the Net Revenues of the Systems in the seme manner and to the same extent as are the Bonds authorized by this Ordinance, and the Bonds authorized herein and such additional parity bonds and other evidences of indebtedness may in all respects be of equal dignity. It is provided, however, that no such additional parity bonds or other evidences of indebtedness shall be issued unless: (a) An independent firm of certified public accountants, based upon an annual audit of the books of the Systems, certifies (a copy of which certificate shall be delivered to the Association) that the net earnings of the Systems for the fiscal year next preceding the month in which the ordinance authorizing such additional parity bonds or other evidence of indebtedness is adopted were equal to: (i) at least one and four-tenths (1-4/10) times the average annual requirements for the payment of principal and interest on the then outstanding bonds and other evidences of indebtedness payable from the revenues of the Systems and on said additional bonds or other evidences of indebtedness, when issued, sold, and delivered; and (ii) at least one and twenty-five hundredths (1-25/100) times the maximum annual requirement for the payment of principal and interest on the then outstanding bonds and other evidences of indebtedness payable from the revenues of the Systems and on said additional bonds or other evidences of indebtedness, when issued, sold and delivered. provided, however, should the certificate of the accountant certify that the net earnings of the Systems for the fiscal year covered thereby were less than required above, and a change in the rates and charges for services afforded by the Systems became effective at least sixty (60) days prior to the scheduled date of adoption of the ordinance authorizing such Additional Bonds, then such Additional Bonds may nevertheless be issued if an independent engineer or engineering firm having a favorable reputation with respect to such matters certifies that, had such change in rates and charges been effective for the fiscal year covered by the accountant's certificate, the net earnings for the Systems for the fiscal year covered by the accountant's certificate would have met the tests specified in (i) and (ii) above. The term 'net earnings' as used in this Section shall mean all of the net revenues of the Waterworks System, Sewer System and the Electric Light and Power System, exclusive of income received specifically for capital items, after deduction of the reasonable expenses of operation and maintenance of the Systems excluding expenditures which under standard accounting practice should be charged to capital expenditures or depreciation. (b) Said additional bonds or other evidences of indebtedness are made to mature on February lot in each of the years in which they are scheduled to mature; and (c) The entire issue of any Additional Bonds is insured in a manner similar to the Bonds by an insurance company or association of companies whose insured obligations are rated by either Moody's Investors Service, Inc. or Standard & Poor's Corporation at least equal to the insured obligations of the Association at the time such Additional Bonds are to be issued o__r the City shall establish a Reserve Fund for the Additional Bonds by any method or combination of methods that the City daenm reasonable and appropriate provided that (x) the emount of such Reserve Fund (or coverage of any surety bond in lieu thereof) shall at least equal the maximum annual debt service requirements of the Additional Bonds, not to exceed the maximum pe~mitted by applicable regulations, procedures or published rulings of the Internal Revenue Service (the WReserve Minimumm), (y) if any cash reserve fund is funded by making transfers of Net Revenues in the System Fund, such transfer shall be made each month in an emount reasonably sufficient to reach the reserve minimum within a period of not more than five years after any such Additional Bonds are sold and delivered and such Reserve Fund shall be for the equal benefit of the owners of (i) such A~ditional Bonds, (ii) any Additional Bonds theretofore issued which are not insured in a manner similar to the Bonds or (iii) any Additional Bonds thereafter issued which are not so insured. 14 Naintenance and Operation-Insurance The City shall maintain the Systems ~n good condition and operate the same in an efficient manner and at a reasonable cost. So long as any of the Bonds are outstanding, the City agrees to maintain insurance on the Systems, for the benefit of the registered owner or owners of the Bonds, of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business in the same area. This Ordinance shall not be construed as requiring the City to expend any funds which are derived from sources other than the operation of the Systems, but nothing herein shall be construed as preventing the City from doing so. Records and Accounts The City shall keep proper books of records and accounts, separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the Systems. Upon written request made not more than 60 days following the close of the fiscal year, the City shall furnish to any registered owner of any of the Bonds, complete financial statements of the Systems in reasonable detail covering such fiscal year, certified by the City's Auditor. Any registered owner or owners of 25% of the Bonds at the time outstanding shall have the right at all reasonable times to inspect the Systems and all records, accounts and data of the City relating thereto. Additional Covenants The city hereby further covenants as follows: (a) That it has the lawful power to pledge the revenues supporting the Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, including said power existing under Article 717k, Revised Civil Statutes of the State of Texas, as amended; that the Bonds issued hereunder shall be ratably secured by said pledge of income, in such manner that one Bond shall have no preference over any other Bond. (b) That, other than for the payment of the Bonds herein authorized and the Junior Lien Certificates, the rents, revenues and income of the Systems have not in any manner been pledged to the payment of any debt or obligations of the City or of the Systams. (c) That, so long as any of the Bonds or Additional Bonds remain unpaid, the City will not sell or encumber the Systems or any substantial ~art thereof, and that it will not encumber the revenues thereof unless such encumbrance is made pursuant to Section 15 hereof or is junior and subordinate to all of the provisions of this Ordinance. (d) That no free service of the Systems shall be allowed, and should the City or uny of its agencies or instrumentalities make use of the services and facilities of the Systems, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the Systems. Ce) To the extent that it legally may, the City further covenants and agrees that, so long as any of the Bonds or any interest thereon is outstanding, no franchise shall be granted for the installation or operation of any competing systems, that the City will prohibit the operation of any such systems other than those owned by the City and the operation of any such systems by anyone other than the City is hereby prohibited. Special Obl~gations The Bonds are special obligations of the City payable from the pledged revenues and the registered owner thereof shall never have the right to demand payment thereof out of funds raised or to be raised by taxation. 15 FINANCIAL STATEMENT City of College Station, Texas (As of 11/30/84) 1984 Assessed Valuation (100% of Actual) General Obligation Debt Outstanding: ................................ $959,646,627 General Purpose G.O. Bonds ...................... utility System G.O. Bonds ....................... Combination Tax & Utility System Junior Lien Revenue Certificates of Obligation.. Combination Tax & Sanitation System Revenue Certificates of Obligation ............ Gross Debt .............................. $22,510,638 4,934,362 2,124,470 83r200 $29,652,670 Less: Self Supporting Debt ...................... $7,142,032 Applicable ! & S Fund ..................... 758r706 Net Debt ............................................................ Ratio of Net General Obligation Debt to 1984 Assessed Valuation ......... 1984 Estimated Population (excluding 9,550 students living on campus) ... Net Debt per Capita ..................................................... Assessed Valuation per Capita ........................................... Area of City ............................................................ The above Debt Statement does not include the proposed $33,050,000 Utility System funding Revenue Bonds, Series 1985 (See 'utility Department'.) $21,751,932 2.27% 48,620 $447 $19,738 28.5 Sq. Hi. Re- COMPOTATION OF SELF-SUPPORTING DEBT Net System Revenues Available for debt service for Fiscal Year ended 6/30/84 ........................... Lees~ Estimated Revenue Refunding Bonds maximum annual debt service requirements (FY 1986) .................. Balance available for other purposes .................. System General Obligation Bonds debt service requirements for Fiscal Year ending 6/30/85 ............................................. Percentage of System General Obligation Bonds Self-supporting ..................................... Mote~ Utility Sanitation System S~stem $10,845,238 $469,395 5~212r870 -0- $ 5,632,368 $469,395 $1,199,074 $ 46,567 100% 100% The City Council adopted an ordinance on June 29, 1976 committing the net revenues of the Utility System, after the payment of Revenue Bond requirements, to the payment of Principal and Interest on the General Obligation Bonds issued for Utility System purposes. This ordinance is authorized by Article 1106, Vernon's Civil Statutes of Texas. TAX COLLECTION PERIOD Taxes are due October I and are delinquent after January 31. Split payments are al- lowed~ first half by November 30, and balance by June 30. No discounts are given on early payments. Penalty and interest on delinquent payments are rigidly enforced. 16 TAX COLLECTION RECORD Tax Assessed Tax Year Valuation Rate 1977 $145,877,135 $0.52 1978 166,370,966 0.56 1979 293,904,940* 0.39 1980 317,065,418 0.39 1981 433,053,691'* 0.31 1982 769,127,740' 0.31 1983 841,670,967 0.31 1984 959,646,627 0.36 Delinquent Percent Tax Collections Year Current Total Ending 97.16 99.71 6/30/78 97.19 98.89 6/30/79 95.04 97.97 6/30/80 95.70 99.46 6/30/81 96.50 100.46 6/30/82 95.30 96.76 6/30/83 95.71 98.64 6/30/84 In Process of Collection taxes outstanding for all prior years, as of 11/30/84 ........... $163,720 * Revaluation. ** Increase in basis of assessment from 80% to 100% of actual. TAX RATE LIMITATIONS The City of College Station is a Home Rule Charter City with a maximm~ authorized rate for all purposes of $2.50 per $100 Assessed Valuation. This maximum tax rate is imposed both by the Constitution of the State GE Texas and the City Charter. With- in this $2.50 maximum there is no limit upon the amount of taxes which can be levied for Debt Service. TAX RATE DISTEIBUTION Tax Year 1984 1983 1982 1981 1980 1979 General Fund $-0- $-0- $0.0801 $0.1448 $0.1697 $0.1553 Interest & Sinking Fund 0.36 0.31 0.2291 0.1852 0.2203 0.2347 TotaX Tax Rate $0.36 $0.31 $0.3100 $0.3100 $0.3900 $0.3900 II~RP~T & SXNKXNGFUNDMANAGBMBNT INDEX General Obligation Debt Service Requirement for Fiscal Year ending 6/30/85, axcluding self-supporting Utility System and Sanitation System G.O. Bonds ............................... $3,011,071 Interest & Sinking Fund Balance as of 6/30/84 ............... $1,505,466 Interest & Sinking Fund Tax Levy of $0.36 on 1984 Assessed Valuation of $959,646,627 at 95% collection ..... 3r281r991 $4,787,457 CIT~ SALBS TAX The City adopted the provision8 of Article 1066e, VACS, Section 9, authorizing a 1% sales tax effective July 1, 1968. Following are sales tax collections for the past ten calendar years~ Sales Tax Sales Tax Year Revenue Year Revenue 1975 $470,679 1980 $1,290,503 1976 565,629 1981 1,645,040 1977 675,197 1982 2,220,245 1978 848,536 1983 2,558,651 1979 1,005,363 1984 (11 months) 2,561,180 17 Date of Authori- zation 8/13/83 1/24/84 1/24/84 1/24/84 lY2~/84 1/24/84 GRHERAL OBLZGATZON BONDS AOTHORZZED BU~ UNZSSUED Purpose Drainaqe Improvements Police Building Fire Station Renovation Maintenance and Storage Bldg. Park Improvements Street Improvements Amount Issued Authorized to Date Authoriz ed but Unissued $1,930,000 $ 700,000 $1,230,000 2,200,000 2,200,000 -0- 555,000 555,000 -0- 1,425,000 500,000 925,000 1,150,000 1,150,000 -0- 6r325r000 3r525f000 2f80Or000 $13,585,000 $8,630,000 $4,955,000 Amount Out- atandinq $9,761 Notes Payable to Llddie B. Arnold FLOATING DEBT OUTSTANDING Purpose Park Land Payable General Fund Interest Rate 7% Political Subdivision College Station I.S.D. Brazos County Brasos County F/M Lateral Road Bonds Bryan I.S.D. RSTIMATED DIRECT & OVERLAPPING DEBT STATEMENT Percent Amount Net Debt Over- Over- Amount As of lapDlnq lapDinq 819,596,625 2/28/84 87.88% $17,221,514 8,654,904 2/28/84 32.16% 2,783,417 157,865 2/28/84 32.16% 50,769 7,034,656 3/31/84 2.31% 162r501 Total Overlapping Net Debt .............................. $20,218,201 CITY OF COLLEGE STATION ................................. 21r751r932 Total Direct and Overlapping Net Debt .................... $41,970,133 Due Dates Annually 4/17/86 Ratings as of Dec. 1984 IMody's S&P'8 A-1 A+ A-1 A-I A-I A-1 A+ 4.37% Ratio of Total Direct and Overlapping Net Debt to 1984 Assessed Valuation ......................................................... Per Capita Total Direct and Overlapping Net Debt ............................. $863 Assessed Valuation per Capita ................................................ $19,738 TWENTY MAJOR TAXPAYERS 1984 Assessed T~e of Property Valuation Utility $27,373,640 Retail Mall 17,128,664 Real Estate 13,904,021 Retail Center 13,825,590 Manufacturing 12,474,410 Manufacturing 12,398,430 Hotel 11,035,925 Real Estate 10,731,128 Apartments 8,536,421 Apartments 7,700,738 Apartments 7,102,670 Office Building 6,934,010 Real Estate 6,791,960 Apartments 6,365,062 Apartments 5,952,836 Retail 5,851,799 Apartments 5,755,412 Real Estate & Apartments 5,504,906 Reel Estate 5,393,148 Apartments 4~964r495 TUDayer General Telephone Company CBL Managenent S~pcon Construction J.C. Culpepper Jr., III & Trust Westinghouse Electric Corp. Texas Instruments ~ada Inn DEW Properties Continental Real Estate Parnersbip Plantation Investment Ltd. Anderson Ridge Corp. Agency Records Control Martell-Wood College Park Association Ran]amin Jackson Dlllard8 D.R. Cain RIB?Mortgage Bervice FM Short Co. Oakvood Apartments LTD Total Assessed Valuation of Principal Taxpayers ....................... Principal Taxpayers as Percent of Cityt8 Total 1984 Assessed Valuation ............................................... $195,725,265 20.40% 18 O~NEI~L OBLIGATTON BONDS DEBT SERVICE R,I~UIRB#BNT SCHBDOLE Piscal Ending 6/30 1985 1986 1987 1988 1989 1990 1991 1992 1.993 1.994 1995 1996 1997 1.998 1.999 2000 2001 2002 2003 2004 Principal $1,868,124 2,143.124 2,151.524 2,133.248 2,219.754 1,964,606 1,964,606 1,889,608 1,621,200 1,626,200 1,626,200 1,576,200 1,576,200 1,301,200 1,121,200 925,000 450,000 450,000 450,000 450,000 P&! on ¢/O*s dated Intecest 4/17/84 Total $2,320,588 $ 68,000 $4,256,712 2,376,024 68,000 4,587,148 2,182,355 68,000 4,401,879 1,990,049 68,000 4,191,297 1,798,435 68,000 4,086,189 1,597,238 68,000 3,629,844 1,432,299 68,000 3,464,905 1,266,188 68,000 3,223,796 1,108,051 68,000 2,797,251 978,074 68,000* 2,672,274 851,980 2,478,180 725,136 2,301,336 602,567 2,178,767 478,073 1,779,273 363,404 1,484,604 256,500 1,181,500 167,850 617,850 121,500 571,500 81,000 531,000 40,500 490,500 *Final payment subject to change. Utility System In- cluded in Total $1,199,074 1,146,186 1,093,299 1,022,135 1,052,753 737.509 708,861 679,738 581,980 559,371 536,761 514,152 494,895 272,667 97,344 Sanitation System In- cluded in Total $46,567 44,084 19 HISTORY OF GBHBRAL FUND REVBNUBS AND EXPENDITURES The following General Fund Revenues, Expenditures and Enlances of Cash and Temporary Invest- ments were taken from the City's Annual Audit Reportsz Revenueel Ad Valorem Tax C~ty Sales Tax Franchise Tax Court Fines Licenses, Permits & Certificates Other Fiscal Year Ending 6/30/84 6/30/83 6/30/82 6/30/82 6/30/80 -0- $ 562,998 $ 600,281 $ 509,033 $ 440,051 2,641,715 2,563,221 1,794,603 1,544,870 1,065,314 299,269 228,951 177,753 135,823 115,810 342,761 483,050 403,421 406,636 315,514 299,577 219,785 80,599 915;908 395;866 294;764 $4,191,543 $3,212,013 $2,312,052 3;033;427 2;538;192 1,922,056 $7,224,970 $5,750,205 $4,234,108 193,065 226,466 759;330 920;728 $4,985,414 4r147;326 $9,132,740 Total Revenue .............. $ 4,236,140 Transfers from other Funds 5r504;181 Total Revenue & Transfers $ 9,740,321 Expendituresl Administration $ 3,631,097 $3,153,804 $2,554,165 $1,776,640 $1,390,481 Police Department 2,289,774 2,051,548 1,651,836 1,196,668 920,773 Fire Department 1,869,004 1,819,797 1,388,723 1,044,754 687,264 Streets 902,918 640,462 405,758 255,264 205,684 Parks & Recreation 1,238,709 1,024,694 779,480 640,479 476,706 Miscellaneous 89;687 863;239* 140;244 31;483 52r191 Total Expenditures ...... $10,021,189 $9,553,544 $6,920,206 $4,945,288 $3,733,099 Excess of Revenues & Transfers Over Expenditures ..... $ (280,868) $ (420,804) $ 304,764 $ 804,917 $ 501,009 $2,254,000 $2,543,403 $1,612,938 $798,448 Balances of Cash and Temporary Investments**. $2,071,242 * Includes an expenditure of $817,725 for the purchase of fire fighting equipment. 2O &ODZ'~' ~LOORT The information contained on the following pages ere excerpts from the City's Audit Report for the yeer ending June 30, 1984 eo prepared byz Hereford, Lynch & Co. Certified Public Accountants Huntsville, Texas The inforuation on the following pages Is not intended to be a complete statement of the City's £1nencisl condition. A complete Audit Report ia available upon #stoney, Betssner & Co., Inc. Hountonw Texe8 Financial Advisors to the City 21 22 CITY OF COLLEGE STATION UTILITY FUND STATEMENT OF REVENUES - BUDGET (NON-GAAP BUDGETARY BASIS) AND ACTUAL FOR THE YEAR ENDED JUNE 30~ 1984 E-6 OPERATING REVENUES ELECTRIC: Electric Services Undersround Construction Pole Rental Temporary Service Total Electric WATER: ~ater Services ~ater Taps Total ~ater SE~ER: Sewer Services Sewer Taps Total Sewer NONDEPARTHEbr~AL: Penalties Reconnect Fees Service Fees Use of City Forces Sales Tax Collection Fees Other Revenues Total Nondepartmental Total Operating Revenues: NONOPERATINC REVENUES: Hiscellaneous - Interest Earnings Total Nonoperatin$ Revenues TOTAL REVENUES: Variance, Favorable Budget Actual (Unfavorable) 22,660,000 $ 21,170,966 $(1,489,034) 40,000 62,344 22,344 10,000 22,386 12,386 15,000 9,895 (5,105) 22,725,000 $ 21,265,591 $(1,459,409) 2,700,000 $ 2,712,407 $ 12,407 100,000 112,188 12,188 2,800,000 $ 2,824,595 $ 24,595 1,500,000 $ 1,666,632 $ 166,632 40,000 47,575 7,575 1,5~0,000 $ 1,714,207 $ 174,207 200,000 $ 320,848 $ 120,848 15,000 26,668 11,668 35,000 84,067 49,067 10,000 14,220 4,220 2,000 4,311 2,311 7,000 23,323 16,323 269,000 $ 473,437 $ 204,437 27,334,000 $ 26,277,830 $(Ip056~170) 350,000 $ 1,895,706 $ 1,545,706 350,000 $ 1,895,706 $ 1,545,706 27.684.000 $ 28.173.536 $ 489.536 23 il 24 CITY OF COLLEGE STATION UTILITY FUND STATEHENT OF EXPENSES - BUDGET (NON-CAAP BUDGETARY BASIS) AND ACTUAL FOR T~E YEAR E~DED JUNE 30, 1984 E-7 Page 3 of 3 RECAP OF EXPENDITURES: Salaries and Benefits Supplies Building Ymintenance Equipment Maintenance Services Sundry Administrative Transfers Total Operating - Utility Capital Outlay Revenue Bond Principal Nonoperating and Contributions TOTAL UTILITY BUDGETED AND ACTUAL EXPENDITURES Budget 1,925,556 468,110 333,299 126,610 14,531,688 33,954 2,077,281 $ 19,496,498 1,076,519 1,743,000 5,701,293 $ 28.017.310 Actual 1,678,627 291,010 287,152 93,311 11,685,720 35,485 2,077,281 16,148,586 995,303 1,748,000 5,432,440 Variance, Favorable (Unfavorable) 246,929 177,100 46,147 33,299 2,845,968 (1,531) 3,347,912 81,216 (5,000) 268,853 25 26 oo?5[ 27 GENERAL X NFORMAT ZON LOCATION The City of College Station is located in Bast Central Texas in Brazos County approximately 140 miles north of the Gulf of Mexico. College Station lies 90 miles north of Houston, 165 miles south of Dallas, and 100 miles east of Austin. The City covers an area of 28.5 square miles and has an elevation varying from 200 to 400 feet. The City has an excellent climate, with an annual mean temperature of 65.6 degrees, and average rainfall of 38.75 inches. CO~t~UNICATIOE The City of College Station is provided newspaper service by 'The Eagle' which is published daily and has a circulation of approximately 26,200, and the *Battalion', which is published five times weekly and which has a circulation of 22,000. There are two television channels and two community cable antenna systems, with a total of thirteen television channels available. Five radio stations serve the area, three FAf and two AM. TRANSPORTATION Airlines - Bus Lines - Railroads - Truck Lines - Commercial, corporate and private airport facilities are provided the resideats of College Station by Baeterwood Airport, which Is located on the City's west side. Rio Airways provides five daily flights to and from Houston and ten daily flights to and from Dallas out of Easterwood, which is owned and operated by Texas A & M University. There is currently an annual average of approximately 39,000 passenger boardings at Baeterwood. Four bus lines, Greyhound, Central Texas, Central and Arrow Coach, serve the City of College Station. Five north-bound and four south-bound buses connect the City with Houston and Dallas. Rail freight service is provided by the Southern Pacific Transportation Company and Missouri Pacific Lines. Seven truck lines, United Postal Service and United Parcel Service supply daily freight services. BM~ZNG FACILZTZES Banking services are provided by five local banks and two savings and loan associations as listed bolow~ Bank/Savings & Loan Deposits aa of n/2o/o4 Republic Bank A & N C~mmunity Savings & Loan Association University National Bank United Bank-College Station, N.A. Homestead Savings & Loan Association Counerce National Bank Texana Bational Bank $72,600,275 65,067,061 60,075,000 37,524,873 20,262,203 11,790,182 llr443t194 Total Deposits .......................... $278,762,788 UTZLZTZES The residences and comeercial establishments of College Station are supplied water, sewer and electric service by the City-owned facilities. General Telephone Company of the Southwest provides telephone facilities and Lone Star Gas Company provides gas utility service. 29 BCONOMXC BACEGP, OUND Of major importance to the City of College Station is Texas A&M University, with a 5,200 acre campus located within the City. The economic impact on the City by the University continues to increase at a multi-million dollar rate. A University in- house study shows that campus-generated funds contributed $319 million to local econ- ~ly in 1983, an increase of over $22.5 million over 1982. Much of the 1983 gain is attributed to enrollment increases and payroll expansion. The 1983 fall semester total resident enrollment Junked to 36,846, and the Texas A&M payroll increased by $14.9 milion to a total $199.2 million. For the fall semester of 1984, the total resident enrollment was 36,829. The University is a leading research center, with a total volume of research for the 1982-83 fiscal year of $103.8 million up $11.9 million over the previous year. The accelerated growth of the University is far reaching in its impact upon the community, i.e., in 1983 expenditures for utilities, services and supplies exceeded $25.3 million; attendance at athletic events, conferences, etc., translated into dollars, reached $17.0 million; and construction on campus, $27.5 million. University employees now total 10,087. An additional staff of 311 research and support personnel joined the institution during 1983, a payroll equivalent of the addition of two medium-sized industrial firms for the community. The Texas A&M University physical plant is valued in excess of $500 million. INDUSTRIAL DEVELOPMENT In addition to the University, employment is provided by more than 75 manufacturing industries located in, or adjacent to, the City which produce such products as aluminum windows, business forms, furniture, chumicels, rubber shoe soles, soft drinks, dairy products, feeds and fertilizers, livestock and camper trailers, modular homes, hoisting equipment, bronze castings, and geophysical survey sensors. TEXAB INSTRUMENTS (TI) Texas Instruments manufactures and assumbles intelligence computer terminals at their 150,000 square foot facility located in the City, which has a 1984 assessed valuation of $12.4 million, and employs in excess of 100 people. NF~TXNGHOUSB ELECTRIC CORP. Westinghouse Electric Corp. has a 158,000 square foot electronic assembly manufacturing plant within the City which is operated by the Westinghouse Defense and Electronic Systems Center producing defense radar-related equipment. The College Station facility has a 1984 assessed valuation of $12.5 million and currently ee~loys approximately 250 people. BUILDING PERMITS College Station has grown rapidly over the past 14 years as evidenced by an increase In population from 17,700 in 1970 to an estimated 58,170 in 1984 (including approximately 9,550 students living on campus). Development within the city is demonstrated by the number and value of construction permits issued by the City over the past seven years. Calendar Residential Permits Co~ercial/Industrial Permits Year Number Value Number Value 1978 287 $ 8,899,612 240 $10,250,643 1979 267 11,606,261 252 6,212,298 1980 359 25,707,945 238 9,697,550 1981 603 50,667,095 417 30,114,838 1982 663 64,567,551 398 40,177,931 1983 424 27,275,747 503 32,116,239 1984 (11 Mos.) 316 23,241,700 243 35,011,545 3O COMMERCIAL DEVELOPMENT POST OAK MALL Post Oak Mall had its official opening in February 1902. Anchor tenants of the 750,000 square foot shopping center are Sears Roebuck and Dillard's department stores, each containing in excess of 100,000 square feet of space. Foley's Department Store, a division of Federated Stores, has a 100,000 square foot facility in the Mall. The Mall, which ia situated on 100 acres of land with parking area adequate to accmaodate 5,000 cars, is ultimately planned to contain 125 stores with 1,020,000 square feet of shopping area. RAMADA ZNN - Construction was recently completed on the expansion and remodeling of the Ramada Inn located at the corner of University Drive and Texas Avenue within the City. The addition included a 17 story tower. The top five floors have been reserved for sale as condominiums (six condominiums per floor) and the first 12 floors, containing 138 rooms, are available for guests. The expansion brings the total number of rooms available at the Ramada to 360. The construction cost of the expansion and remodeling is estimated at $3.5 million. MINERAL PRODUCTION IN THE AReA Brazos County is currently participating in a number of successful explorations, one being the 'Giddings Field.' The Austin chalk layer, found in the Giddings Field, is estimated to yield some 250 million barrels of oil, with the potential of larger deposits of oil and gas in deeper layers and a possible total recovery of four billion barrels of oil. During the last few years discoveries have been made of other production layers. These are the SubClarkevllle, the Buds and the Georgetown. During the next two years a concentrated exploration of two deeper strata will be made. These are the Pettlt and the Cotton Valley Formation. Forty three different minerals can be found within a 200 mile radius of College Station. 45% of thom, including lignite, are within a 50 mile radius of the City. CITY MANAGEMENT College Station was incorporated in 1938 and has a Council-City Manager form of government with City omployees totaling 484 today. The City enjoys excellent and conservative managoment and has greatly benefited from the availability of technical information and assistance made available by Texas A&M University. Over the years, numerous College professors and successful business people have served in City government and administration. The City has adopted and does enforce comprehensive zoning and building restrictions which assure orderly growth and development. The City's ordinances require all subdividers, at their own expense, and without provision for refund, to install streets and water and sewer lines in any planned subdivision. These facilities are constructed under the City's specifications and inspection and when completed are deeded to the City free and clear. All areas within the City are now adequately served with water, sewer and electric service. CZTY OgNED FACZLZTZES The City has constructed a major part of its present facilities out of current revenues. Approximately 99%, or 142 miles, of streets within the City are bard surface. The City has a complete water distribution, sewage collection and treatment systom with 175 miles of sanitary sewer lines and 142 miles of water lines. The City owns the electrical distribution systom with 131 miles of distribution lines, and purchases its electricity from Gulf States Utilities Company. College Station owns modern and efficient fire fighting equipment, with 72 full time firomen. The fire department has seven fire trucks, three modulance style ombulances for omergency medical service and six administrative vehicles. The City has a fully equipped and effective police department with 79 full time police officers, and four radio dispatchers that service both fire and police departments. 31 RBS~DBBTIAL CALIBER College Station, a community of above-average value homes, townhomes and apartments, is principally a residential community for faculty, students and other personnel of Texas A&M University. ?here is a blend of new modern homes and older stately structures along tree shaded streets. Residential values range from $50,000 to $200,000. Thirty new apartment projects, with 20 or more units in each, as well as a number of townhouse projects, have been recently completed. Substandard housing is virtually nonexistant and is of no significance in the local economic picture in College Station. RECREATION The College Station park system presently includes 27 parks encompassing 293 acres. Collectively these parks contain 13 playgrounds, 10 soccer fields, 14 softball/baseball diamonds; 2 swimming pools, a gymnasium, and a number of picnic shelters. The Parks Department sponsors a variety of organized athletic and acquatic programs as well as many special events throughout the year. Central Park features 47 acres of nature trails, picnic facilities and athletic fields. Just south of College Station is the Texas World Speedway, which provides all types of racing events. BD~JCATIOHAL FACILITIES The College Station Independent School District is a fully accredited system offering educational facilities for kindergarten through high school. The school system currently includes two kindergartens, two elementary schools, one middle school (fifth and sixth grades)~ one junior high school (seventh and eighth grades) and one high school. The College Station ISD facilities are also used by Blinn College, offering two years of college level courses. The Texas A&M University System provides the higher educational needs of the Coa~aunity, offering both four year college programs and extensive graduate degree opportunities. 32 VERIFICATION OF MATHEMATICAL COMPUTATIONS The accuracy of (i) the mathematical computations of the adequacy of the ~aturing principal amount of the escrowed securities to be held by the Escrow Agent to~ether with the interest earned and to be earned thereon to pay, when due, the principal of and interest on the Refunded Bonds and (ii) the mathematical computation of yield supporting Bond Counselts conclusion that the Bonds are not UArbritrage Bonds' under Section 103(c) of the Internal Revenue Code of 1954, as amended, will be verified by the firm of Touche Ross & Co., independent Certified Public Accountants, whose opinion with respect thereto will be available at delivery. TAX EXEMPTION The delivery of the Bonds is subject to an opinion of Messrs. Baker & Botts, Houston, Texas, Bond Counsel to the City ('Bond Counsel'), to the effect that Interest on the Bonds is exempt from all present Federal income taxes under the applicable existing statutes, published rulings, regulations, court decisions and official interpretations thereof existing on the date of such opinion. The laws, regulations, court decisions and administrative regulations and published rulings upon which the conclusion stated in Bond Counsel opinion will be based are subject to change by the Congress, the Treasury Department and later judicial and administrative decisions. Legal matters incident to the authorization, issuance and sale of the Bonds are subject to the unqualified approval of the Attorney General of the State of Texas and of Messrs. Baker & Botts, Bond Counsel, whose approving opinion will be printed on the Bonds. Messrs. Baker & Botts were not requested to participate, and did not take part In the preparation of the Official Statement except as hereinafter noted, and such firm has not assumed any responsibiliity with respect thereto or undertaken independently to verify any of the information contained herein, except that, in Its capacity as Bond Counsel, such firm has reviewed the information under the caption8 aPLAN OF FINANCINGa and 'TAX EXBMPTIONs in the Official Statement and such firm is of the opinion that the information relating to the Bonds and the Bond Ordinance contained under such captions in all material respects accurately and fairly reflects the provisions thereof. The legal fees to be paid to Baker & Botts in connection with the issuance of the Bonds are contingent on the sale and delivery of the Bonds. NO LITXGATION CERTIFICATE The City will furnish without cost to the Underwriters a Certificate signed by the Mayor and City Secretary which will recite, among other things, that no litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of the Bonds or which would affect the provision made for their payment or security, or In any other manner questioning the proceedings or authority concerning the issuance of the Bonds, and that so far as Ls known and believed, no such litigation is threatened. RATZNGS In connection with the sale of the Bonds the City has received a co~mittment from NBIA for a policy of Insurance guaranteeing the timely payment of principal and interest on the Bonds. The City intends to purchase such insurance policy from MBIA which will be issued at the time of delivery of the Bonds. Moodyes Investors Service, Inc. and Standard & Poor's Corporation (the 'Rating Agencies') rate all new Louses insured by MBIA 'Aaa' and 'AAA' respectively. An explanation of the significance of the ratings may be obtained from the Rating Agencies. The ratings reflect only the respective views of the Rating Agencies and the City makes no representation as to the appropriateness of the ratings. There is no assurance that the ratings assigned will continue for any given period of time or that they will not be changed, suspended or withdrawn by either of the Rating Agencies. Any change, suspension or withdrawal of the ratings may have an effect on the market price of the Bonds. 33 LEGAL INVRSTM~FFS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TR~AS Section 9 of the Bond Procedures Act of 1981 states: 'All bonds issued by an issuer shall constitute negotiable instruments, and are investment securlites governed by Chapter 8, Texas Uniform Commercial Code, notwithstanding any provisions of law or court decision to the contrary, and are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking fund of cities, towns, villages, school districts, and other political subdivisions or public agencies of the State of Texas'. The Act further provides that the Bonds are eligible to secure deposits of any public funds of the state, its agencies and 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. UNDERWRITING The Underwriters, Rauscher Pierce Refsnes,Inco and Underwood, Neuhaus & Co., Incorporated, agree, subject to certain conditions, to purchase the Bonds from the City, at a price of par plus accrued interest. The Underwriters' obligations are subject to certain conditions precedent, and they will be obligated to purchase all of the Bonds if any of the Bonds are purchased. The Bonds may be offered and sold to certain dealers and others at prices lower than such public offering prices, and such public prices may be changed, from time to time, by the Underwriters. FINANCIAL ADVISORS Moroney, Beissner & Co., Inc. serves as Financial Advisors to the City and in this capacity supervised the preparation of this Official Statement and represented the City in the negotiations pertaining to the sale of the Bonds to the Underwriters. Under the terms of the contract between Noroney, Beissner & Co., Inc. and the City, it is agreed and understood that Moroney, Beissner & Co., Inco shall not be permitted to purchase any Bonds from the City nor have any interest, directly or indirectly, in the original purchase and sale of the Bonds, except as Agent for the City. As Financial Advisors to the City, Moroney, Beissner & Co., Inc. will be paid a fee based upon a percentage of the principal amount of Bonds actually sold and delivered, which fee is contingent upon such sale and delivery. OTHER MATTERS All information contained in this Official Statement is subject, in all respects, to the complete body of information contained in the original sources thereof and no guaranty, warranty, or other representation is made concerning the accuracy or completeness of the information herein. In particular, no opinion or representation is rendered as to whether any projection will approximate actual results, and all opinions, estimates and assumptions, whether or not expressly identified as such, should not be considered as statements of fact. THIS OFFICIAL STATEMENT was approved, and the execution and delivery of this Official Statement authorized, by the City Council of the City of College Station, Texas on CITY OF COLLEGE STATION, TEXAS ATTEST: City Secretary Mayor 34 Policy Current as of August 15, 1984 MUNICIPAL BOND GUARANTY INSURANCE POLICY Municipal Bond Insurance Association White Plains, New York 10601 EXHIBIT A Policy No ....................... The msurance compames comprlsmg the Municipal Bond Insurance Association (thc "Association"). each of which participates and is liable hereunder severally and nol jointly in Ihe respective percentage vet forth opposite its name. in consxleration of the payment of the premium and subject to the tenns of this policy, hereby unconditionally ']nd irrevocably guarantee lo any bolder as hemmafter defined, other Ihan the Issuer of the followm8 described bonds, the full and complete payment required to be made by or on behalf of the Issuer to or Ils successor (Ihe "Paying Agenl' '} of an amount equal to the principal of and mleresl on. a~, such payments shall become due but shall nm he so paid (excepl that in the event of any acceleratmn of the due date of such pnnelpal, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of prmclpal would have been due had there not been any acceleration), the following bonds Cthe "Bonds"): SPECIM N The insurance coml~lnies constituting the members of Iht Association are as fol]ows The/Etna Casualty and Surety Company 33c~ Fireman's Fund Insurance Company 30~, The Travelers Indemnity Company /Etna Insurance Company 12% The Continental Insurance Company IOqt, U.l~n recei, lx .~' lele.phonic, or tele. graph:c not:ce, such not:ce subsequently confirmed in wnting by registered or certified mall, or upon receipt of written nol? uy rig:st .erea o.r .ce. rein.nd m.nil, by !he_Ge .neral Manager of the Assoc. lotion or its designee from the Paying A.g~t or any bolder ufa Bond or .co~.p~.. t? peyme, n. I for wu. ich.iS t~en dj to I.~e Paying Agent, !hal such required payment has not been made to the Plymg Agent, the Association on uenan or its menmers on tl~e due date of Such payment or within one business day after receipt of nollce of such nonpayment, whichever is later, will make a deposit of funds, in an account with Citibank, N. A , in New York, New York, or its successor, sufficient for the payment to the holders of ~.~ ~.., .,.~ch :re ,he. due U.~u ~sen,~nt a~. s....m~r of.uch Bonds or the ~pons. or mse.tment neranq~ or uonur regis:area as to principal or as to pflnelpal ann interest together with any ippropflnte instruments of assignment as shill reuonibly satisfy Citibank, N.A, Citlhmk, N.A. sbaU disburse to such holders or the Plying Agent payment of the face amount of such solTellda'ed and uncancellod Bonds and coupons less any amounl held by the Paying Agent for the payment of the principal of or interest on the Bonds ~ legally &vnileble therefor. Upon such remittance and ~'ansfer of sueh uncancelled Bonds and uneancelled coupons or appropriate insU~ments o( usi~mnenl lo Citibank, .N.A:, .by !he bolders .or the Pay,n~ Ag?l, the mc?hers of the Association shall become the owners thernof in propofl~on to their .I ._~L~._. ri:age o! pat~ct~lttc? under this policy. This polKy dues nc~ insure against Joss of any prcpeyment premium which may at any time be payable wire respa~ lo any isono. As .u~cl. he.mm, the term "hokler:' sball mean the hearer of any Bond. not riga:ired as to. principal and the registered owner of any Bond registered as to prlnclpat or us to prmclpal and interest as indicated in the books memtalued by the Plying Agent for such puu~ose and, when used with reference to a coupon, shall mean the hearer of the coupon. Any servlee of process on the memhers of thc Association may he made to the Assocmtiun, due of the members of the Association or the Genrad B~r o(the..Aas?iation and such .s~va:e of process.s, ball be valid and binding as to the Association and each of its members. During the tonu of its men:.; Mumc .q.~l l~uers ServKe Company wdl act as the General Manager of the Association Iud its offices Ire Incilnd at ~4 South ay, wn:te I'talflS, New York 10601. This policy is non-cIncellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity o( Bonds. IN WITNESS WHEREOF, each of the members of the Association has c~uscd this policy to he executed and attested on its behalf by the general manager and &gent of the Association. this .......... day of ............................. 19 .................... MUNICIPAL BOND INSURANCE ASSOCIATION The .4~toa Casualty and Surety Company P~reman's Fund Insurance Company The Travelers Indemnity Company /Elna lnsumnee Company The Continental Insurance Company By MUNICIPAL ISSUERS Attest: Coq~wation, General Secretary of GUEST REGISTER WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JANUARY 23, 198~ 4'.00 P.M. me 13. 14. ® 15. 16. 17. e 18. 19. Se 20. e 21. 10. 22. 11. 23. 12. 24.