HomeMy WebLinkAboutOrdinance - 10137-1999 - General Obligation Refunding Bond Series - 01/14/1999ORDINANCE NO. 10137
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1999";
specifying the terms and features of said bonds; levying a continuing
direct annual ad valorem tax for the payment of said bonds; and resolving
other matters incident and related to the issuance, sale, payment and
delivery of said bonds, including the approval and execution of a Paying
Agent/Registrar Agreement, a Purchase Contract and a Special Escrow
Agreement and the approval and distribution of an Official Statement; and
providing an effective date.
WHEREAS, the City Council of the City of Lubbock, Texas (the "City'') has heretofore
issued, sold, and deliv~red, and there is currently outstanding, obligations totaling in principal
amount $19,730,000 (collectively, the "Refunded Obligations") more particularly described as
follows:
(1) City of Lubbock, Texas, Combination Tax and Exhibition
Hall/Auditorium (Limited Pledge) Revenue Certificates of Obligation,
Series 1991, dated May 15, 1991, maturing on February 15 in each of the
years 2002, 2010 and 2011, and aggregating in principal amount $ 610,000
(2) City of Lubbock, Texas, Combination Tax and Waterworks
System Subordinate Lien Revenue Certificates of Obligation, Series 1991 ,
dated May 15, 1991, maturing on February 15 in each of the years 2002,
2010 and 2011, and aggregating in principal amount $2,425,000
(3) City of Lubbock, Texas, General Obligation Bonds, Series
1991, dated May 15, 1991, maturing on February 15 in each of the years
2002, 2010 and 2011, and aggregating in principal amount $ 300,000
(4) City of Lubbock, Texas, Combination Tax and Sewer System
Subordinate Lien Revenue Certificates of Obligation, Series 1991, dated
November 15, 1991, maturing on February 15 in each of the years
2003 through 2012, and aggregating in principal amount $ 850,000
(5) City of Lubbock, Texas, Combination Tax and Sewer System
Subordinate Lien Revenue Certificates of Obligation, Series 1992, dated
May 15, 1992, maturing on February 15 in each of the years
2006 through 2014, and aggregating in principal amount · $15,545,000
AND WHEREAS, pursuant to the provisions of Article 717k, V.A.T.C.S., as amended, the
City Council is authorized to issue refunding bonds and deposit the proceeds of sale directly with
any place of payment for the Refunded Obligations, and such deposit, when made in accordance
with said statute, shall constitute the making of firm banking and financial arrangements for the
discharge and final payment of the Refunded Obligations; and
745670.1
WHEREAS, the City Council hereby finds and detennines that general obligation refunding
bonds should be. issued at this time to refund the Refunded Obligations, and such refunding will
result in the City saving approximately $1,085,490.11 in debt service payments on such
indebtedness and further provide present value savings of approximately $765,018.67; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: Authorization-Designation-Principal Amount-Purpose. General
obligation refunding bonds of the City shall be and are hereby authorized to be issued in the
aggregate principal amount of $20,835,000 to be designated and bear the title "CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1999" (hereinafter
referred to as the "Bonds"), for the purpose of providing funds for the discharge and final
payment of certain outstanding obligations of the City (identified in the preamble hereof and
referred to as the "Refunded Obligations'1 and to pay costs of issuance, in accordance with
authority conferred by and in confonnity with the Constitution and laws of the State of Texas,
including Article 717k, V.A.T.C.S.
SECTION 2: Eyl!y Registered Obligations -Bond Date -Authorized
Denominations-Stated Maturities -Interest Rates. The Bonds shall be issued as fully registered
obligations only, shall be dated January 15, 1999 (the "Issue Date1, shall be in denominations
of $5,000 or any integral multiple (within a Stated Maturity, except for the single Initial Bond
referenced in Section 8) thereof, and shall become due and payable on February 15 in each of
the years and in principal amounts (the "Stated Maturities1 and bear interest at the rate(s) per
annum in accordance with the following schedule:
YEAR OF PRINCIPAL INTEREST
MATURITY INSTALLMENTS RATE
2000 $ 140,000 4.00%
2001 145,000 4.00%
2002 1,245,000 4.00o/o
2003 215,000 4.00%
2004 220,000 4.00%
2005 220,000 4.00%
2006 1,940,000 4.00%
2007 1,915,000 4.00%
2008 1,895,000 4.10%
2009 1,870,000 4.20%
2010 2,960,000 4.30%
2011 2,930,000 4.45%
2012 1,785,000 4.55%
2013 1,685,000 4.65%
2014 1,670,000 4.70%
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The Bonds shall bear interest on the unpaid principal amounts from the Issue Date at
the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year
of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August
15 in each year, commencing August 15, 1999.
SECTION 3: Ierms of Payment -Paying Agent/Registrar. The principal of,
premium, if any, and the interest on the Bonds, due and payable by reason of maturity,
redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds
(hereinafter called the "Holders") appearing on the registration and transfer books maintained
by the Paying Agent/Registrar, and the payment thereof shall be in any coin or currency of the
United States of America, which at the time of payment is legal tender for the payment of public
and private debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of Chase Bank of Texas, National Association to serve
as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records
relating to the registration, payment, exchange and transfer of the Bonds (the "Security
Register") shall at all times be kept and maintained on behalf of the City by the Paying
Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying
Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such
reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The
Mayor and City Secretary are hereby authorized to execute and deliver such Agreement in
connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying
Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and
authorized to serve in such capacity and perform the duties and services of Paying
Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees
to prompUy cause a written notice thereof to be sent to each Holder by United States Mail, first
class postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
Principal of and premium, if any, on the Bonds shall be payable at the Stated
Maturities or redemption, only upon presentation and surrender of the Bonds to the Paying
Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer
Officej. Interest on the Bonds shall be paid to the Holders whose name appears in the Security
Register at the close of business on the Record Date (the last business day of the month next
preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by
check sent United States Mail, first class postage prepaid, to the address of the Holder recorded
in the Security Register or {li) by such other method, acceptable to the Paying Agent/ Registrar,
requested by, and at the risk and expense of, the Holder. If the date for the payment of the
principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when
banking institutions in the City where the Designated Payment/Transfer Office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for
such payment shall·be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day when banking institutions are authorized to close; and payment on such date
shall have the same force and effect as if made on the original date payment was due.
7-45670.1 -3-
In the ev~nt of a nonpayment of interest on a scheduled payment date, and for thirty
(30) days thereafter, a new record date for such interest payment (a "Special Record Date") will
be established by the Paying Agent/ Registrar, if and when funds for the payment of such
interest have been received from the City. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five (5) business days prior to the Special Record Date by
United States Mail, first class postage prepaid, to the address of each Holder appearing on the
Security Register at the close of business on the last business day next preceding the date of
mailing of such notice.
SECTION 4: Redemption. (a) Ootional Redemption. The Bonds having Stated
Maturities on and after February 15, 2010 shall be subject to redemption prior to maturity, at the
option of the City, in whole or in part in principal amounts of $5,000 or any Integral multiple
thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15,
2009 or on any date thereafter at the redemption price of par plus accrued interest to the date
of redemption.
(b) Exercise of Redemption Option. At least forty-five (45) days prior to a
redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the
Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to
redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of
redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be
entered in the minutes of the governing body of the City.
(c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of
the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar
shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by
dividing the principal amount of such Bonds by $5,000 and shall select the Bonds to be
redeemed within such Stated Maturity by lot.
(d) Notice of Redemption. Not less than thirty (30) days prior to a redemption
date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage
prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be
redeemed in whole or in part at the address of the Holder appearing on the Security Register at
the close of business on the business day next preceding the date of mailing such notice, and
any notice of redemption so mailed shall be conclusively presumed to have been duly given
irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii)
identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be
redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state
that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due
and payable on the redemption date specified, and the interest thereon, or on the portion of the
principal amount thereof to be redeemed, shall cease to accrue from and after the redemption
date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount
thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying
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Agent/Registrar o.nly'upon presentation and surrender thereof by the Holder. If a Bond is subject
by its terms to prior redemption and has been called for redemption and notice of redemption
thereof has been duly given as hereinabove provided, such Bond (or the principal amount
thereof to be redeemed) shall become due and payable and interest thereon shall cease to
accrue from and after the redemption date therefor, provided moneys sufficient for the payment
of such Bond (or of the principal amount thereof to be redeemed) at the then applicable
redemption price are held for the purpose of such payment by the Paying Agent/Registrar.
SECTION 5: Registration-Transfer· Exchange of Bonds-Predecessor Bonds.
The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name
and address of each and every owner of the Bonds issued under and pursuant to the provisions
of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or
exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly
authorized agent, upon surrender of such Bond to the Paying Agent/Registrar at the Designated
Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or
request for exchange duly executed by the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender of any Bond (except for the single Initial· Bond referenced in Section
8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/ Registrar,
one or more new Bonds shall be registered and issued to the assignee or transferee of the
previous Holder, such Bonds to be in authorized denominations, of like Stated Maturity and of
a like aggregate principal amount as the Bond or Bonds surrendered for transfer.
At the option of the Holder, Bonds (other than the single Initial Bond referenced in
Section 8) may be exchanged for other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the
Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Bonds are
surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to
the Holder requesting the exchange.
All Bonds issued in any transfer or exchange of Bonds shall be delivered to the
Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by
United States Mail, first class, postage prepaid to the Holders, and, upon the registration and
delivery thereof, the same shall be the valid obligations of the City, evidencing the same
obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds
surrendered in such transfer or exchange.
All transfers or exchanges of Bonds pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or.
exchange of any tax or other governmental charges required to be paid with respect to such
transfer or exchange.
745670.1 -5-
l
Bonds .cancelled by reason of an exchange or transfer pursuant to the provisions
hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case
may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and
delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall
include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been
issued, registered and delivered in lieu thereof pursuant to the provisions of Section 11 hereof
and such new replacement Bond shall be deemed to evidence the same obligation as the
mutilated, lost, destroyed, or stolen Bond.
Neither the City nor the Paying Agent/Registrar shall be required to ·issue or transfer
to an assignee of a Holder any Bond called for redemption, In whole or in part, within 45 days
of the date fixed for the redemption of such Bond; provided, however, such limitation on
transferability shall not be applicable to an exchange by the Holder of the unredeemed balance
of a Bond called for redemption in part.
SECTION 6: Book-Entrv Only Transfers and Transactions. Notwithstanding the
provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and
transfer/exchange of the Bonds, the City hereby approves and authorizes the use of "Book-Entry
Only" securities clearance, settlement and transfer system provided by The Depository Trust
Company (DTC), a limited purpose trust company organized under the laws of the State of New
York, in accordance with the operational arrangements referenced in a Blanket Issuer Letter of
Representations by and bet\veen the City and DTC (the "Depository Agreement''·
Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be
deposited with DTC who shall hold said Bonds for its participants (the "DTC Participantsj. While
the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the
Security Register for all purposes, including payment and notices, shall be Cede & Co., as
nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond
(the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. ~
In the event DTC determines to discontinue serving as securities depository for the
Bonds or otherwise ceases to provide book-entry clearance and settlement of securities
transactions in general or the City determines that DTC is incapable of properly discharging its
duties as securities depository for the Bonds, the City covenants and agrees with the Holders
of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates
to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be.
Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the
Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall
be made in accordance with the provisions of Sections 3, 4 and 5 hereof.
SECTION 7: Execution -Registration. The Bonds shall be executed on behalf
of the City by the Mayor under its seal reproduced or Impressed thereon and countersigned by
the City Secretary. The signature of said officers on the Bonds may be manual or facsimile.
Bonds bearing the manual or facsimile signatures of individuals who are or were the proper
officers of the City on the Issue Date shall be deemed to be duly executed on behalf of the City,
745670.1 -6-
notwithstanding that-such individuals or either of them shall cease to hold such offices at the time
of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in
subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures
Act of 1981, as amended.
No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Bond either a certificate of registration
substantially in the form provided in Section 9C, manually executed by the Comptroller of Public
Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration
substantially in the form provided in Section 90, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar, and either such certificate duly signed
upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been
duly certified, registered and delivered.
SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued
either (i) as a single fully registered bond in the total principal amount noted in Section 1 with
principal installments to become due and payable as provided in Section 2 hereof and numbered
T-1, or (ii) as fifteen (15) fully registered bonds, being one bond for each year of maturity in the
applicable principal amount and denomination and to be numbered consecutively from T-1 and
upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be
registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s)
shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for
approval, certified and registered by the Office of the Comptroller of Public Accounts of the State
of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial
Bond(s), the Paying Agent/ Registrar, pursuant to written instructions from the initial
purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and
exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal
amounts and bearing applicable interest rates for transfer and delivery to the Holders named at
the addresses identified therefor; all pursuant to and in accordance with such written instructions
from the initial purchaser(s), or the designee thereof, and such other information and
documentation as the Paying Agent/Registrar may reasonably require.
SECTION 9: Forms. A. Forms Generally. The Bonds, the Registration
Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration
Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the
Bonds, shall be substantially in the forms set forth in this Section with such appropriate
insertions, omissions, substitutions, and other variations as are permitted or required by this
Ordinance and may have such letters, numbers, or other marks of identification (including
identifying numbers and letters of the Committee on Uniform Securities Identification Procedures
· of the American Bankers Association) and such legends and endorsements (including insurance
legends on insured Bonds and any reproduction of an opinion of counsel) thereon as may,
consistently herewith, be established by the City or determined by the officers executing such
Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth
on the reverse thereof, with an appropriate reference thereto on the face of the Bond.
745670.1 -7-
The definitive Bonds and the Initial Bond(s) shall be printed,lithographed, or engraved
or typewritten, -photocopied or otherwise reproduced in any other similar manner, all as
determined by the officers executing such Bonds as evidenced by their execution thereof.
B.
REGISTERED
NO. __
Form of Definitive Bond.
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION REFUNDING BOND,
SERIES 1999
REGISTERED $. ___ _
Issue Date: Interest Rate: Stated Maturity: CUSJP NO:
January 15, 1999
Registered Owner:
Principal Amount: DOLLARS
The City of Lubbock (hereinafter referred to as the "City"), a body corporate and
municipal corporation in the County of Lubbock, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the order of the Registered
Owner named above, or the registered assigns thereof, on the Stated Maturity date specified
above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid
upon prior redemption), and to pay interest on the unpaid principal amount hereof from the Issue
Date at the per annum rate of interest specified above computed on the basis of a 360-day year
of twelve 30-day months; such interest being payable on February 15 and August 15 in each
year, commencing August 15, 1999. Principal of this Bond is payable at its Stated Maturity or
redemption to the registered owner hereof, upon presentation and surrender, at the Designated
Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate
appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or
one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose
name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close
of business on the "Record Date", which is the last business day of the month next preceding
each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check
sent United States Mail, first class postage prepaid, to the address of the registered owner
recorded in the Security Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All
payments of principal of, premium, if any, and interest on this Bond shall be without exchange
or collection charges to the owner hereof and in any coin or currency of the United States of
America which at the time of payment is legal tender for the payment of public and private debts.
This Bond is one of the series specified in its title issued in the aggregate principal
amount of $20,835,000 (herein referred to as the "Bonds") for the purpose of providing funds
745670.1 -8-
for the discharge and final payment of certain outstanding obligations of the City (identified in
the Ordinance hereinafter referenced and referred to as the "Refunded Obligations") and to pay
costs of issuance, under and In strict conformity with the Constitution and laws of the State of
Texas, including Article 717k, V.A.T.C.S., and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance").
The Bonds maturing on and after February 15, 2010 may be redeemed prior to their
Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or
any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar),
on February 15, 2009, or on any date thereafter, at the redemption price of par, together with
accrued interest to the date of redemption and upon 30 days prior written notice being sent by
United States Mail, first class postage prepaid, to the registered owners of the Bonds to be
redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance.
If this Bond (or any portion of the principal sum hereof) shall have been duly called for
redemption and notice of such redemption duly given, then upon such redemption date this Bond
(or the portion of the principal sum hereof to be redeemed) shall become due and payable, and
interest thereon shall cease to accrue from and after the redemption date therefor, provided
moneys for the payment of the redemption price and the interest on the principal amount to be
redeemed to the date of redemption are held for the purpose of such payment by the Paying
Agent/Registrar.
In the event of a partial redemption of the principal amount of this Bond, payment of
the redemption price of such principal amount shall be made to the registered owner only upon
presentation and surrender of this Bond to the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge,
a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided
by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is
selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be
required to transfer this Bond to an assignee of the registered owner within 45 days of the
redemption date therefor; provided, however, such limitation on transferability shall not be
applicable to an exchange by the registered owner of the unredeemed balance hereof in the
event of its redemption in part.
The Bonds are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby made
to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by
the acceptance hereof hereby assents, for definitions of terms; the description of and the nature
and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to
the transfer or exchange of this Bond; the conditions upon which the Ordinance may be
amended or supplemented with or without the consent of the Holders; the rights, duties, and
obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this
Bond may be discharged at or prior to its maturity, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained therein. Capitalized terms used herein
have the meanings assigned in the Ordinance.
745670.1 -9-
This Bond, subject to certain limitations contained in the Ordinance, may be
transferred on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds
of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and
of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the
owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or
in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor
the Paying Agent/ Registrar, or any agent of either, shall be affected by notice to the contrary.
In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
It is hereby certified, recited, represented and declared that the City is a body
corporate and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized
by law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Bonds to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time, form and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Bonds by the levy of a tax as
aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be
construed in accordance with and shall be governed by the laws of the State of Texas.
745670.1 -10-
IN WITN~SS WHEREOF, the City Council of the City has caused this Bond to be duly
executed under-the official seal of the City as of the Issue Date.
CITY OF LUBBOCK, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL)
C. *Form of Registration Certificate of Comptroller of Public Accounts to
appear on Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
(
(
(
(
REGISTER NO.----
THE STATE OF TEXAS
I HEREBY CERTIFY that this Bond has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this-----
(SEAL)
*NOTE TO PRINTER:
745670.1
Comptroller of Public Accounts
of the State of Texas
Do Not Print on Definitive Bonds
-11-
D. ·Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds
only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the bond or bonds of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar in Dallas, Texas, is the
Designated Payment/Transfer Office for this Bond.
Registration Date:
E. Form of Assignment.
CHASE BANK OF TEXAS,
NATIONAL ASSOCIATION,
as Paying Agent/Registrar
By ____________ ~----------------------------------------------Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers
unto (Print or typewrite name, address, and zip code of transferee:) ---------
(Social Security or other identifying number: -----------------
the within Bond and all rights thereunder, and
hereby irrevocably constitutes and appoints-----------------
attorney to transfer the within Bond on the books kept for registration thereof, with full power
of substitution in the premises.
DATED: ___________________ __
Signature guaranteed:
746670.1
NOTICE: The signature on this assignment
must correspond with the name of the
registered owner as it appears on the face
of the within Bond in every particular.
-12-
F. ·The Initial Bond(s) shall be in the fonn set forth in paragraph B of this
Section. except that the fonn of the single fully registered Initial Bond shall
be modified as follows:
(i) immediately under the name of the bond the headings "Interest Rate _
__ " and "Stated Maturity " shall both be omitted;
(ii) Paragraph one shall read as follows:
Registered Owner:
Principal Amount: Dollars
The City of Lubbock (hereinafter referred to as the "City'1, a body corporate and
municipal corporation in the County of Lubbock, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the order of the Registered
Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated
on February 15 in each of the years and in principal installments in accordance with the following
schedule:
YEAR OF
MATURITY
PRINCIPAL
INSTALLMENTS
INTEREST
RATE
(lnfonnation to be inserted from schedule in Section 2 hereof).
(or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest
on the unpaid Principal Amount hereof from the lssu~ Date at the per annum rates of interest
specified above computed on the basis of a 360-day year of twelve 30-day months; such interest
being payable on February 15 and August 15 in each year, commencing August 15, 1999.
Principal installments of this Bond are payable in the year of maturity or on a prepayment date
to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying
Agent/Registrar''), upon presentation and surrender, at its designated offices in Dallas, Texas
(the "Designated PaymenVTransfer Office"). Interest is payable to the registered owner of this
Bond whose name appears on the "Security Register'' maintained by the Paying Agent/Registrar
at the close of business on the "Record Date", which is the last business day of the month next
preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar
by check sent United States Mail, first class postage prepaid, to the address of the registered
owner recorded in the Security Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All
payments of principal of, premium, if any, and interest on this Bond shall be without exchange
or collection charges to the owner hereof and in any coin or currency of the United States of
America which at th.e time of payment is legal tender for the payment of public and private debts.
SECTION 10: Levv of Taxes. To provide for the payment of the "Debt Service
Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby
7-45670.1 -13-
levied, and there shall be annually assessed and collected in due time, form, and manner, a tax
on all taxable property in the City, within the limitations prescribed by law, and such tax hereby
levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service
Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient
to provide funds each year to pay the principal of and interest on said Bonds while Outstanding;
full allowance being made for delinquencies and costs of collection; separate books and records
relating to the receipt and disbursement of taxes levied, assessed and collected for and on
account of the Bonds shall be kept and maintained by the City at all times while the Bonds are
Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the
Bonds shall be deposited to the credit of a "Special1999 Refunding Bond Account" (the "Interest
and Sinking Fund") maintained on the records of the City and deposited in a special fund
maintained at an official depository of the City's funds; and such tax hereby levied, and to be
assessed and collected annually, is hereby pledged to the payment of the Bonds.
Proper officers of the City are hereby authorized and directed to cause to be
transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest
and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of
interest and principal of the Bonds as the same accnies or matures; such transfers of funds to
be made in such manner as will cause collected funds to be deposited with the Paying
Agent/Registrar on or before each principal and interest payment date for the Bonds.
Provided, however, in regard to the interest payment to become due on the Bonds on
August 15, 1999, sufficient current funds are available and are hereby appropriated to make
such payments; and proper officials of the City are hereby authorized and directed to transfer
and deposit to the credit of the Interest and Sinking Fund, such current funds which, together
with the accrued interest received from the purchaser, will be sufficient to pay the amount of the
interest payment due on the Bonds on August 15, 1999.
SECTION 11: Mutilated -Destroyed -Lost and Stolen Bonds. In case any Bond
shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and
deliver a replacement Bond of like form and tenor, and in the same denomination and bearing
a number not contemporaneously outstanding, in exchange and substitution for such mutilated
Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the
approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/ Registrar
of evidence satisfactory to the Paying Agent/ Registrar of the destruction, loss or theft of such
Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying
Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying
Agent/ Registrar harmless. All expenses and charges associated with such indemnity and with
the preparation, execution and delivery of a replacement Bond shall be bome by the Holder of
the Bond mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefrts of this Ordinance equally and ratably with all
other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Bonds.
745670.1 -14-
The prpvisions of this Section are exclusive and shall preclude (to the extent lawful)
all other rights and remedies with respect to the replacement and payment of mutilated,
destroyed, lost or stolen Bonds.
SECTION 12: Satisfaction of Obligation of Citv. If the City shall pay or cause to
be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and
interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the
pledge of taxes levied under this Ordinance and all covenants, agreements, and other
obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and
satisfied.
Bonds or any principal amount(s) thereof shall be deemed to have been paid within
the meaning and with the effect expressed above in this Section when 0) money sufficient to pay
in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date
therefor, together with all interest due thereon, shall have been irrevocably deposited with and
held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government
Securities shall have been irrevocably deposited intrust with the Paying Agent/ Registrar, or an
authorized escrow agent, which Government Securities have been certified by an independent
accounting firm to mature as to principal and interest in such amounts and at such times as will
insure the availability, without reinvestment, of sufficient money, together with any moneys
deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the
principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption
has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying
Agent/Registrar have been made) the redemption date thereof. The City covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made
of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
or an authorized escrow agent, pursuant to this Section which is not required for the payment
of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such
moneys have been so deposited shall be remitted to the City or deposited as directed by the
City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the
principal of and interest on the Bonds and remaining unclaimed for a period of four (4) years
after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were
deposited and are held in trust to pay shall upon the request of the City be remitted to the City
against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of
funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed
property laws of the State of Texas.
The term "Government Securities", as used herein, means direct obligations of, or
obligations the principal of and interest on which are unconditionally guaranteed by, the United
States of America, which are non-callable prior to the respective Stated Maturities of the Bonds
7<15670.1 -15-
and may be United States Treasury Obligations such as the State and Local Government Series
and may be in book-entry form.
SECTION 13: Ordinance a Contract -Amendments -Outstanding Bonds. This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Bond remains Outstanding
except as permitted in this Section. The City may, without the consent of or notice to any
Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental
to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal
defect or omission herein. In addition, the City may, with the consent of Holders holding a
majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of
all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend
the time or times of payment of the principal of, premium, if any, and interest on the Bonds,
reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in
any other way modify the terms of payment of the principal of, premium, if any, or interest on the
Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate
principal amount of Bonds required to be held by Holders for consent to any such amendment,
addition, or rescission.
The term "Outstanding" when used in this Ordinance with respect to Bonds means,
as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance,
except:
(1) those Bonds cancelled by the Paying Agent/Registrar or
delivered to the Paying Agent/ Registrar for cancellation;
(2) those Bonds deemed to be duly paid by the City in
accordance with the provisions of Section 12 hereof; and
(3) those mutilated, destroyed, lost, or stolen Bonds which
have been replaced with Bonds registered and delivered in lieu thereof as
provided in Section 11 hereof.
SECTION 14: Covenants to Maintain Tax-Exempt Status.
(a) Definitions. When used in this Section, the following terms shall have the
following meanings:
745670.1
"Closing Date" means the date on which the Bonds are first authenticated
and delivered to the initial purchasers against payment therefor.
•code• means the Internal Revenue Code of 1986, as amended by all
legislation, ff any, effective on or before the Closing Date.
·computation Date•has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
-16-
·~ross Proceeds" means any proceeds as defined in Section 1.148-1(b)
of the Regulations, and any replacement proceeds as defined in Section
1.148-1(c) of the Regulations, of the Bonds.
"Investment" has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Nonpurpose Investment" means any investment property, as defined in
section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds.
"Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the
Bonds. Any reference to any specific Regulation shall also mean, as appropriate,
any proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield" of (i) any Investment has the meaning set forth in Section 1.148-5
of the Regulations; and (ii) the Bonds has the meaning set forth in Section 1.148-
4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the Interest on any Bond to
become includable in the gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless
and until the City receives a written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Bond, the City shall comply
with each of the specific covenants in this Section.
(c) No prtyate Use or Prtyate Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Bonds:
7..f5670.1
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which Is to be financed or refinanced directly or indirectly
with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of
the Refunded Obligations), and not use or permit the use of such Gross Proceeds
(including all contractual arrangements with terms different than those applicable to the
general public) or any property acquired, constructed or improved with such Gross
-17-
Proceeds in any activity carried on by any person or entity (including the United States
or any agency, department and instrumentality thereof) other than a state or local
government, unless such use is solely as a member of the general public; and
(2) not directly or indirectly impose or accept any charge or other payment by
any person or entity who is treated as using Gross Proceeds of the Bonds or any
property the acquisition, construction or improvement of which is to be financed or
refinanced directly or indirectly with such Gross Proceeds (including property financed
with Gross Proceeds of the Refunded Obligations), other than taxes of general
application within the City or interest earned on investments acquired with such Gross
Proceeds pending application for their intended purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output or similar contractor arrangement; or (3) indirect benefits, or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the
Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final
Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or
use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds.
(f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder.
(g) Information Report. The City shall timely file the information required by section
149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and
in such place as the Secretary may prescribe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section
148(f) of the Code and the Regulations and rulings thereunder:
7~5610.1
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and Investments thereof) on its books of account separately and
apart from all other funds (and receipts, expenditures and investments thereof)
-18-
and shall retain all records of accounting for at least six years after the day on
which the last Outstanding Bond is discharged. However, to the extent permitted
by law, the City may commingle Gross Proceeds of the Bonds with other money
of the City, provided that the City separately accounts for each receipt and
expenditure of Gross Proceeds and the obligations acquired therewith.
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth In section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
(3) As additional consideration for the purchase of the Bonds by the
Purchasers and the loan of the money represented thereby and in order to induce
such purchase by measures designed to insure the excludability of the interest
thereon from the gross income of the owners thereof for federal income tax
purposes, the City shall pay to the United States out of the Interest and Sinking
Fund or its general fund, as permitted by applicable Texas statute, regulation or
opinion of the Attomey General of the State of Texas, the amount that when
added to the future value of previous rebate payments made for the Bonds
equals (i) in the case of a Final Computation Date as defined in Section 1.148-
3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount
on such date; and (ii) in the case of any other Computation Date, ninety percent
(90%) of the Rebate Amount on such date. In all cases, the rebate payments
shall be made at the times, in the installments, to the place and in the manner as
is or may be required by section 148(f) of the Code and the Regulations and
rulings thereunder, and shall be accompanied by Form 8038~ T or such other
forms and information as is or may be required by Section 148(f) of the Code and
the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraphs (2) and (3),
and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter (and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States
of any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148-3(h) of the Regulations.
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to Subsection (h) of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm's length and had the Yield of the Bonds not been
relevant to either party.
745670.1 ~19~
0) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tern, City
Secretary, City Manager, and Managing Director of Finance, individually or jointly, to make
elections permitted or required pursuant to the provisions of the Code or the Regulations, as they
deem necessary or appropriate In connection with the Bonds, In the Certificate as to Tax
Exemption or similar or other appropriate certificate, form or document.
(k) Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the
Bonds were issued, the City reasonably expected to spend at least 85% of the spendable
proceeds of such bonds within three years after such bonds were issued and (2) not more than
50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose
Investments having a substantially guaranteed Yield for a period of 4 years or more.
(I) Qualified Advance Refunding. The Bonds are issued exclusively to refund the
Refunded Obligations, and the Bonds will be issued more than 90 days before the redemption
of the Refunded Obligations. The City represents as follows:
(1) The Bonds are the first advance refunding of the Refunded
Obligations, within the meaning of section 149(d)(3) of the Code.
(2) The Refunded Obligations are being called for redemption, and will
be redeemed not later than the earliest date on which such bonds may be
redeemed.
(3) The initial temporary period under section 148(c) of the Code will
end: (i) with respect to the proceeds of the Bonds not later than 30 days after the
date of issue of such· Bonds; and (ii) with respect to proceeds of the Refunded
Obligations on the Closing Date if not ended prior thereto.
(4) On and after the date of issue of the Bonds, no proceeds of the
Refunded Obligations will be invested in Nonpurpose Investments having a Yield
in excess of the Yield on such Refunded Obligations.
(5) The Bonds are being issued for the purposes stated in the
preamble of this Ordinance. There is a present value savings associated with the
refunding. In the issuance of the Bonds the City has neither: (i) overburdened the
tax-exempt bond market by issuing more bonds, issuing bonds earlier or allowing
bonds to remain outstanding longer than reasonably necessary to accomplish the
governmental purposes for which the Bonds were issued; (ii) employed on
"abusive arbitrage device" within the meaning of Section 1.148-10(a) of the
Regulations; nor (iii) employed a "device" to obtain a material financial advantage
based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart
from savings attributable to lower interest rates and reduced debt service
payments in early years.
SECTION 15: Sale of Bonds -Official Statement Approval. The Bonds authorized by
this Ordinance are hereby sold by the City to Morgan Keegan & Company, Inc., Estrada Hinojosa
745670.1 -20-
& Company, Inc., NationsBanc Montgomery Securities LLC and Siebert Brandford Shank & Co.,
LLC (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated
January 28, 1999, attached hereto as Exhibit Band incorporated herein by reference as a part
of this Ordinance for all purposes. The Mayor is hereby authorized and directed to execute said
Purchase Contract for and on behalf of the City and as the act and deed of this Council, and in
regard to the approval and execution of the Purchase Contract, the Council hereby finds,
determines and declares that the representations, warranties and agreements of the City
contained in the Purchase Contract are true and correct in all material respects and shall be
honored and performed by the City.
Furthermore, the use of the Official Statement by the Purchasers in connection with the
public offering and sale of the Bonds is hereby ratified, confirmed and approved in all respects.
The final Official Statement, which reflects the terms of sale, attached as Exhibit A to the
Purchase Contract (together with such changes approved by the Mayor, Mayor Pro Tern, City
Secretary, City Manager, First Assistant City Manager or Managing Director of Finance, one or
both of said officials), shall be and is hereby in all respects approved and the Purchasers are
hereby authorized to use and distribute said final Official Statement, dated January 28, 1999,
in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are
further authorized and directed to manually execute and deliver for and on behalf of the City
copies of said Official Statement in final form as may be required by the Purchasers, and such
final Official Statement in the form and content manually executed by said officials shall be
deemed to be approved by the City Council and constitute the Official Statement authorized for
distribution and use by the Purchasers.
SECTION 16: Special Escrow Agreement Approval and Execution. The "Special Escrow
Agreement" (the "Agreemenf') by and between the City and Noswest Bank Texas, National
Association (the "Escrow Agenf'), attached hereto as Exhibit C and incorporated herein by
reference as a part of this Ordinance for all purposes, is hereby approved as to form and
content, and such Agreement in substantially the form and substance attached hereto, together
with such changes or revisions as may be necessary to accomplish the refunding or benefit the
City, is hereby authorized to be executed by the Mayor and City Secretary for and on behalf of
the City and as the act and deed of this City Council; and such Agreement as executed by said
officials shall be deemed approved by the City Council and constitute the Agreement herein
approved.
Furthermore, appropriate officials of the City in cooperation with the Escrow Agent are
hereby authorized and directed to make the necessary arrangements for the purchase of the
Federal Securities referenced in the Agreement and the delivery thereof to the Escrow Agent on
the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "SPECIAL 1999
CITY OF LUBBOCK, TEXAS, REFUNDING BOND ESCROW FUND" (the "Escrow Fund"); all
as contemplated and provided in Article 717k, V.A.T.C.S., as amended, this Ordinance and the
Agreement.
SECTION 17: Control and Custody of Bonds. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attomey General of the State of Texas, including the printing and supply of
745670.1 ~21-
definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the
approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Purchasers.
Furthermore, the Mayor, Mayor Pro Tern, City Manager, First Assistant City Manager,
Managing Director of Finance, and City Secretary, any one or more of said officials, are hereby
authorized and directed to furnish and execute such agreements, documents and certifications
relating to the City and the issuance, sale and delivery of the Bonds, including certifications as
to facts, estimates, circumstances and reasonable expectations pertaining to the use,
expenditure and investment of the proceeds of the Bonds, as may be necessary for the approval
of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery
of the Bonds to the Purchasers, and, together with the City's bond counsel and the Paying
Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the
Purchasers and the initial exchange thereof for definitive Bonds.
SECTION 18: Proceeds of Sale. Immediately following the delivery of the Bonds, the
proceeds of sale thereof (less certain costs of issuance and the accrued interest received from
the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and
disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the
Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations
shall be disbursed and deposited for payment of costs of issuance and deposited in the Interest
and Sinking Fund all in accordance with written instructions from the City.
Additionally, on or immediately prior to the date of the delivery of the Bonds to the
Purchasers, the Managing Director of Finance shall cause to be transferred in immediately
available funds to the Escrow Agent from moneys on deposit in the interest and sinking funds
maintained for the payment of the Refunded Obligations the sum of $115,000.00 to accomplish
the refunding.
SECTION 19: Redemption of Refunded Obligations. (a) The bonds of that series known
as "City of Lubbock, Texas, General Obligation Bonds, Series 1991", dated May 15, 1991,
maturing in the years 2002, 2010 and 2011, and aggregating In principal amount$300,000, shall
be redeemed and the same are hereby called for redemption on February 15, 2001, at the price
of par and accrued interest to the date of redemption. The City Secretary is hereby authorized
and directed to file a copy of this Ordinance, together with a suggested form of notice of
redemption to be sent to bondholders, with Norwest Bank Texas, National Association, in
accordance with the redemption provisions applicable to such bonds; such suggested form of
notice of redemption being attached hereto as Exhibit D and incorporated herein by reference
as a part of this Ordinance for all purposes.
(b) The certificates of obligation of that series known as "City of Lubbock, Texas,
Combination Tax and Waterworks System Subordinate lien Revenue Certificates of Obligation,
Series 1991 ", dated May 15 1991 , maturing in the years 2002, 2010 and 2011, and aggregating
in principal amount $2,425,000, shall be redeemed and the same are hereby called for
redemption on February 15, 2001, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a copy of this
7.C5670.1 -22-
Ordinance, together with a suggested form of notice of redemption to be sent to
certificateholders·, with Norwest Bank Texas, National Association, in accordance with the
redemption provisions applicable to such obligations; such suggested form of notice of
redemption being attached hereto as Exhibit E and incorporated herein by reference as a part
of this Ordinance for all purposes.
(c) The certificates of obligation of that series known as "City of Lubbock, Texas,
Combination Tax and Exhibition HaiVAuditorium (Limited Pledge) Revenue Certificates of
Obligation, Series 1991", dated May 15, 1991, maturing in the years 2002,2010 and 2011, and
aggregating in principal amount $610,000, shall be redeemed and the same are hereby called
for redemption on February 15, 2001, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and direded to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to
certificateholders, with Norwest Bank Texas, National Association, in accordance with the
redemption provisions applicable to such obligations; such suggested form of notice of
redemption being attached hereto as Exhibit F and incorporated herein by reference as a part
of this Ordinance for all purposes.
(d) The certificates of obligation of that series known as "City of Lubbock, Texas,
Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series
1991", dated November 15, 1991, maturing in the years 2003 through 2012, and aggregating
in principal amount $850,000, shall be redeemed and the same are hereby called for redemption
on February 15, 2002, at the price of par and accrued interest to the date of redemption. The
City Secretary is hereby authorized and direded to file a copy of this Ordinance, together with
a suggested form of notice of redemption· to be sent to certificateholders, with Chase Bank of
Texas, National Association (successor paying agent/registrar to Texas Commerce Trust
Company, N.A.), in accordance with the redemption provisions applicable to such obligations;
such suggested form of notice of redemption being attached hereto as Exhibit G and
incorporated herein by reference as a part of this Ordinance for all purposes.
(e) The certificates of obligation of that series known as "City of Lubbock, Texas,
Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series
1992", dated May 15, 1992, maturing in the years 2006 through 2014, and aggregating in
principal amount $15,545,000, shall be redeemed and the same are hereby called for
redemption on February 15, 2004, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to
certificateholders, with Chase Bank of Texas, National Association (successor paying
agent/registrar to Texas Commerce Trust Company, N.A.), in accordance with the redemption
provisions applicable to such obligations; such suggested form of notice of redemption being
attached hereto as Exhibit H and incorporated herein by reference as a part of this Ordinance
for all purposes.
The redemption of the obligations described above being associated with the advance
refunding of such obligations, the approval, authorization and arrangements herein given and
provided for the redemption of such obligations on the redemption dates designated therefor and
746670.1 -23-
in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and
the City Secretary is hereby authorized and directed to make all arrangements necessary to
notify the holders of such obligations of the City's decision to redeem such obligations on the
dates and in the manner herein provided and in accordance with the ordinances authorizing the
issuance of the obligations and this Ordinance.
SECTION 20: Notices to Holders-Waiver. Wherever this Ordinance provides for notice
to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly
provided) if in writing and sent by United States Mail, first class postage prepaid, to the address
of each Holder appearing in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
SECTION 21: Cancellation. All Bonds surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar
and, if not already cancelled, shall be promptly cancelled by the Paying Agent/ Registrar. The
City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously
certified or registered and delivered which the City may have acquired in any manner
whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying
Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be retumed to
the City.
SECTION 22: Legal Opinion. The obligation of the Purchasers to accept delivery of the
Bonds is subject to being fumished a final opinion of Fulbright & Jaworski L.L.P., Attomeys,
Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered
as of the date of delivery and payment for such Bonds. A true and correct reproduction of said
opinion or an executed counterpart thereof is hereby authorized to be either printed on definitive
printed obligations or deposited with DTC along with the global certificates for the implementation
and use of the Book Entry Only System used In the settlement and transfer of the Bonds.
SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the Bonds
deposited with The Depository Trust Company or on printed definitive Bonds. It is expressly
provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds
shall be of no significance or effect as regards the legality thereof and neither the City nor
attomeys approving the Bonds as to legality are to be held responsible for CUSIP numbers
incorrectly printed or typed on the definitive Bonds.
745670.1 -24-
SECTION 2.4: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied,
is intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is
intended to be and shall be for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
SECTION 25: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 26: Goveming Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 27: Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof.
SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 29: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 30: Incorporation of Findings and Determinations. The findings and
determinations of the City Council contained in the preamble hereof are hereby incorporated by
reference and made a part of this Ordinance for all purposes as if the same were restated in full
in this Section.
SECTION 31: Continuing Disclosure Undertaking. (a) Definitions. As used in this
Section, the following terms have the meanings ascribed to such terms below:
"MSR8' means the Municipal Securities Rulemaking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be
a nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Securities and Exchange Commission.
745670.1 -25-
"S/O'·means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30, 1998) financial information and operating data with respect to the City of the
general type included in the final Official Statement approved on the date hereof, being the
information described in Exhibit I hereto. Financial statements to be provided shall be (1)
prepared in accordance with the accounting principles described in Exhibit I hereto and
(2) audited, if the City commissions an audit of such statements and the audit is completed within
the period during which they must be provided. If audited financial statements are not so
provided, then the City shall provide audited financial statements for the applicable fiscal year
to each NRMSIR and any SID, when and if audited financial statements become available.
If the City changes its fiscal year, it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the City
otherwise would be required to provide financial information and operating data pursuant to this
Section.
The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
reference to any document (including an official statement or other offering document, if it is
available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or
filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR
or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such
event is material within the meaning of the federal securities laws:
7.f5670.1
1.
2.
3.
difficulties;
4.
5.
6.
Bonds;
7.
8.
9.
10.-
Bonds; and
11.
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on debt service reserves reflecting financial
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the
Modifications to rights of holders of the Bonds;
Bond calls;
Defeasances;
Release, substitution, or sale of property securing repayment of the
Rating changes.
-26-
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely
manner, of any fallure by the City to provide finanCial information or operating data in accordance
with subsection (b) of this Section by the time required by such Section.
(d) Umitations, Disclaimers, and Amendments. The City shall be obligated to observe
and perform the covenants specified in this Section while, but only while, the City remains an
"obligated person" with respect to the Bonds within the meaning of the Rule, except that the City
in any event will give the notice required by subsection (c) hereof of any Bond calls and
defeasance that cause the City to be no longer such an "obligated person."
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or
any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section
shall constitute a breach of or default under this Ordinance for purposes of any other provision
of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit
the duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to
adapt to changed circumstances resulting from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the City, but only if (1) the
provisions of this Section, as so amended, would have permitted an underwriter to purchase or
sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account
any amendments or Interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal
amount (or any greater amount required by any other provision of this Ordinance that authorizes
such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that
is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
745670.1 -27-
amendment will "ot ·materially impair the interests of the Holders and beneficial owners of the
Bonds. The provisions of this Section may also be amended from time to time or repealed by
the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final
jurisdiction determines that such provisions are invalid, but only if and to the extent that
reservation of the City's right to do so would not prevent underwriters of the initial public offering
of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends
the provisions of this Section, it shall include with any amended financial information or operating
data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation,
in narrative form, of the reasons for the amendment and of the impact of any change in the type
of financial information or operating data so provided.
SECTION 32: Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by V. T.C.A., Government Code, Chapter 551, as amended.
SECTION 33: Effective Date. This Ordinance shall be in force and effect from and after
its passage on second and final reading and IT IS SO ORDAINED.
PASSED AND ADOPTED ON FIRST READING, this January 14, 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING, this the 28th day of
January, 1999.
CITY OF LUBBOCK, TEXAS
ATTEST:
(City Seal)
1-45610.1 -28-
EXHIBIT :~
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of January 28, 1999 (this "Agreement"), by and
between the City of Lubbock, Texas (the "Issuer"), and Chase Bank of Texas, National
Association, a banking association duly organized and existing under the laws of the United
States of America, (the "Bank").
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the execution and delivery
of its "City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1999" (the
"Securities"), dated January 15, 1999, and such Securities are to be delivered to the initial
purchasers on or about March 4, 1999; and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange thereof by the registered owners
thereof; and
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Securities; ·
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying
Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be
responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the
Securities as the same become due and payable to the registered owners thereof; all in
accordance with this Agreement and the "Bond Resolution" (hereinafter defined). The Issuer
hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the
Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records
as to the ownership of said Securities and with respect to the transfer and exchange thereof as
provided herein and in the ••Bond Resolution".
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Securities.
74'7844.1
Section 1.02. Compensation. As compensation for the Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in
Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts
set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar
for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close
of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal
Year.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any
of the provisions hereof (including the reasonable compensation and the expenses and
disbursements of its agents and counsel).
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
747844.1
"Acceleration Date" on any Security means the date on and after which the
principal or any or all installments of interest, or both, are due and payable on any
Security which has become accelerated pursuant to the terms of the Security.
"Bank Office" means the principal offices of the Bank located at the address
appearing on page 10 hereof. The Bank will notify the Issuer in writing of any change in
location of the Bank Office.
"Bond Resolution" means the resolution, order, or ordinance of the governing
body of the Issuer pursuant to which the Securities are issued, certified by the Secretary
or any other officer of the Issuer and delivered to the Bank.
"Fiscal Year'' means the fiscal year of the Issuer, ending September 30th.
"Holder" and "Security Holder'' each means the Person in whose name a Security
is registered in the Security Register.
"Issuer Request" and "Issuer Order'' means a written request or order signed in
the name of the Issuer by the Mayor, City Manager, First Assistant City Manager,
Managing Director of Finance or City Secretary, any one or more of said officials, and
delivered to the Bank.
"Legal Holiday'' means a day on which the Bank Is required or authorized to be
closed.
-2-
EXHIBIT A
"Person" means any individual, corporation, partnership, joint venture,
association, joint stock company, trust, unincorporated organization or government or any
agency or political subdivision of a government.
"Predecessor Securities" of any particular Security means every previous Security
evidencing all or a portion of the same obligation as that evidenced by such particular
Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen
Security for which a replacement Security has been registered and delivered in lieu
thereof pursuant to Section 4.06 hereof and the Resolution).
"Redemption Date" when used with respect to any Security to be redeemed
means the date fixed for such redemption pursuant to the terms of the Bond Resolution.
"Responsible Officer" when used with respect to the Bank means the Chairman
or Vice-Chairman of the . Board of Directors, the Chairman or Vice-Chairman of the
Executive Committee of the Board of Directors, the President, any Vice President, the
Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier,
any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of
the Bank customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust matter,
any other officer to whom such matter is referred because of his knowledge of and
familiarity with the particular subject.
"Security Register" means a register maintained by the Bank on behalf of the
Issuer providing for the registration and transfers of Securities.
"Stated Maturity" means the date specified in the Bond Resolution the principal
of a Security is scheduled to be due and payable.
Section 2.02. Other Definitions. The terms ''Bank," "Issuer,'' and "Securities (Security)"
have the meanings assigned to them in the recital paragraphs of this Agreement.
The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties
and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided
adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer,
pay on behalf of the_ Issuer the principal of each Security at its Stated Maturity, Redemption Date,
or Acceleration Date, to the Holder upon surrender of the Security to the Bank Office.
741844.1 -3-
EXHIBIT A
As Paying Agent, the Bank shall, provided adequate collected funds have been provided
to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on
each Security when due, by computing the amount of interest to be paid each Holder and
making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the
Record Date. All payments of principal and/or interest on the Securities to the registered owners
shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn
on the fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class,
postage prepaid, to the address appearing on the Security Register or (2) by such other method,
acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense.
Section 3.02. payment Dates. The Issuer hereby instructs the Bank to pay the principal
of and interest on the Securities at the dates specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Security Register-Transfers and Exchanges. The Bank agrees to keep
and maintain for and on behalf of the Issuer at the Bank Office books and records (herein
sometimes referred to as the ''Security Register") for recording the names and addresses of the
Holders of the Securities, the transfer, exchange and replacement of the Securities and the
payment of the principal of and interest on the Securities to the Holders and containing such
other information as may be reasonably required by the Issuer and subject to such reasonable
regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement
of Securities shall be noted in the Security Register.
Every Security surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Securities
Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly
authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a
re-registration, transfer or exchange of the Securities.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
· relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof
will be completed and new Securities delivered to the Holder or the assignee of the Holder in not
more than three (3) business days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or request for exchange duly
executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the
Paying Agent/Registrar.
Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory
747844.1 -4-
EXHIBIT A
of printed Securities will be kept in safekeeping pending their use and reasonable care will be
exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than
the care maintained by the Bank for debt securities of other governments or corporations for
which it serves as registrar, or that is maintained for its own securities.
Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the
Security Register relating to the registration, payment, transfer and exchange of the Securities
in accordance with the Bank's general practices and procedures in effect from time to time. The
Bank shall not be obligated to maintain such Security Register in any form other than those
which the Bank has currently available and currently utilizes at the time.
The Security Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the required fee, a copy of the information contained
in the Security Register. The Issuer may also inspect the information contained in the Security
Register at any time the Bank is customarily open for business, provided that reasonable time
is allowed the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Security Register to any person
other than to, or at the written request of, an authorized officer or employee of the Issuer, except
upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and
prior to the release or disclosure of the contents of the Security Register, the Bank will notify the
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Security Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable
intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for
which other Securities have been issued, or which have been paid.
Section 4.06. Mutilated. Destroyed. Lost or Stolen Securities. The Issuer hereby
instructs the Bank, subject to the provisions of Section 11 of the Bond Resolution, to deliver and
issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as
long as the same does not result in an overissuance.
In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may
execute and deliver a replacement Security of like form and tenor, and in the same denomination
and bearing a number not contemporaneously outstanding, in exchange and substitution for
such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen
Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with
the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security,
and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of
indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All
747844.1 -5-
.(XHJBJT A
.
expenses and charges associated with such indemnity and with the preparation, execution and
delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or
destroyed, lost or stolen.
Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time
after receipt of written request from the Issuer, furnish the Issuer information as to the Securities
it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange
of any Securities pursuant to Section 4.01, and Securities it has delivered In exchange for or in
lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06.
ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof.
Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to
the truth of the statements and Correctness of the opinions expressed therein, on certificates or
opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is
not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, Instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security, or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties. Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Securities, but is
protected in acting upon receipt of Securities containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Holder or an agent of the
Holder. The Bank shall not be bound to make any investigation into the facts or matters stated
in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security, or other paper or document supplied by Issuer.
(e) The Bank may consult with counsel, and the written advice of such counsel or any
opinion of counsel shall be full and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
7 47844.1 -6-
EXHIBIT A
.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer
and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no
responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security,
or any other Person for any amount due on any Security from its own funds.
Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may
become the owner or pledgee of Securities and may otherwise deal with the Issuer with the
same rights it would have if it were not the Paying Agent/Registrar, or any other agent.
Section 5.05. Moneys Held by Bank-Fiduciary Account/Collateralization. A fiduciary
account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for the payment of the Securities,
and money deposited to the credit of such account until paid to the Holders of the Securities
shall be continuously collateralized by securities or obligations which qualify and are eligible
under both the laws of the State of Texas and the laws of the United States of America to secure
and be pledged as collateral for fiduciary accounts to the extent such money is not insured by
the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall
be made by check drawn on such fiduciary account unless the owner of such Securities shall,
at its own expense and risk, request such other medium of payment
The Bank shall be under no liability for interest on any money received by it hereunder.
Subject to the applicable unclaimed property laws of the State of Texas, any money
deposited with the Bank for the payment of the principal, premium Of any), or interest on any
Security and remaining unclaimed for four years after final maturity of the Security has become
due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall
thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to
such moneys shall thereupon cease.
Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred
without negligence or bad faith on its part, arising out of or in connection with its acceptance or
administration of its duties hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of its powers or duties under this
Agreement.
Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the State and County where either
747844.1 -7-
EXHJBJT A
the Bank Office or the administrative offices of the lssuer is located, and agree that service of
process by certified or registered mail, return receipt requested, to the address referred to in
Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank
further agree that the Bank has the right to file a Bill of Interpleader in any court of competent
jurisdiction to determine the rights of any Person claiming any interest herein.
Section 5.08. DT Services. It is hereby represented and warranted that, in the event the
Securities are otherwise qualified and accepted for "Depository Trust Company" services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control, will comply with the "Operational Arrangements", effective
December 12, 1994, which establishes requirements for securities to be eligible for such type
depository trust services, including, but not limited to, requirements for the timeliness of
payments and funds availability, transfer turnaround time, and notification of redemptions and
calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
Section 6.02. Assignment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer
or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown on page 10.
Section 6.04. Effect of Headings. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
Section 6.05. Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not.
Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
7471W.of.l -8-
EXHIBIT A
Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute
the entire agreement between the parties hereto relative to the Bank acting as Paying
Agent!Registrar and if any conflict exists between this Agreement and the Bond Resolution, the
Bond Resolution shall govern.
Section 6.09. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all of which shall constitute one and
the same Agreement.
Section 6.1 0. Termination. This Agreement will terminate (i) on the date of final payment
of the principal of and interest on the Securities to the Holders thereof or (ii) may be earner
terminated by either party upon sixty (60) days written notice; provided, however, an early
termination of this Agreement by either party shall not be effective until (a) a successor Paying
Agent!Registrar has been appointed by the Issuer and such appointment accepted and (b) notice
given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination
of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely
affect the payment of the Securities.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Security Register (or a copy thereof), together with other pertinent books and records
relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by
the Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement.
Section 6.11. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
747844.1 -9-
'EXHIBIT~
IN WITN~SSWHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
[SEAL]
Attest:
Title:
(CITY SEAL)
Attest:
City Secretary
7-4784-4.1
CHASE BANK OF TEXAS,
NATIONAL ASSOCIATION
BY __________________________ __
Title:
Mailing Address:
Corporate Trust Department
P. 0. Box550
Austin, Texas 78789
Delivery Address:
Corporate Trust Department
700 Lavaca, 5th Floor
Austin, Texas 78701
Designated Payment/Transfer Office:
Mailing Address:
Corporate Trust Department
P. 0. Box660197
Dallas, Texas 75266-0197
Delivery Address:
Corporate Trust Department
2200 Ross Avenue, 5th Floor
Dallas, Texas 75201
CITY OF LUBBOCK, TEXAS
BY __________________________ _
Mayor
Address: P. 0. Box 2000
Lubbock, Texas 79457
-10-
'EXHIBIT A
$20,835,000
CI1Y OF LUBBOCK, TEXAS
General Obligation Refunding Bonds,
Series 1999
PURCHASE CONTRACT
January 28, 1999
The Honorable :Mayor and Members of the City Council
City of Lubbock
1625 13th St.
Lubbock, Texas 79401
Dear :Mayor and Members of the City Council:
EXHIBIT B
Morgan Keegan & Co., Inc. (the "Authorized Representative"), NationsBanc Montgomery
Securities LLC, Estrada Hinojosa & Company, Inc. and Siebert Brandford Shank & Co., LLC
(collectively, the "Underwriters"), offer to enter into this Purchase Contract with the City ofLubbock,
Texas (the "City"). This offer is made subject to the City's acceptance of this Purchase Contract on
or before 9:00p.m. Central Time on January 28, 1999.
1. Purchase and Sale of the Bonds. Upon the terms and conditions and upon the basis
of the representations set forth herein, the Underwriters jointly and severaJly hereby agree to purchase
from the City, and the City hereby agrees to sell and deliver to the Underwriters an aggregate of
$20,835,000 principal amount of City of Lubbock, Texas GeneraJ Obligation Refunding Bonds,
Series 1999 (the "Bonds"). The Bonds shall have the maturities, interest rates and be subject to
redemption in accordance with the provisions of Exhibit A hereto and shall be issued and secured
under the provisions of the Ordinance (as defined below). The purchase price for the Bonds shall be
$20,630.284.45 (representing the principal amount ofthe Bonds, less an Underwriters' discount on
the Bonds of$136,506.90, less aggregate original issue discount on the Bonds of$68,208.65), and
plus accrued interest in the amount of$121,623.44.
Morgan Keegan & Co., Inc. represents that it has been duly authorized to execute this
Purchase Contract and has been duly authorized to act hereunder as the Authorized Representative.
All actions that may be taken by the Underwriters may be taken by the Authorized Representative
alone.
2. Ordinance. The Bonds shall be as described in and shall be issued and secured under
the provisions of the Ordinance authorizing the issuance and sale of the Bonds adopted by the City
on January 28, 1999 (the "Ordinance"). The Bonds shall be secured and payable as provided in the
Ordinance.
3. Public Offering. It shall be a condition of the obligations of the City to sell and
deliver the Bonds to the Underwriters, and of the obligations of the Underwriters to purchase and
accept delivery of the Bonds, that the entire principal amount of the Bonds authorized by the
Ordinance shall be sold and delivered by the City and accepted and paid for by the Underwriters at
the Closing. The Underwriters agree to make a bona fide public offering of all of the Bonds, at not
in excess of the initial public offering prices, as set forth in the Official Statement; provided however
at least ten percent ( 1 00/o) of the principal amount of the Bonds of each maturity shall be sold to the
"public" (exclusive of dealers, brokers and investment bankers, etc.) at the initial offering price set
forth in the Official Statement.
4. Security Deposit. Delivered to the City herewith is a corporate check of the
Authorized Representative payable to the order of the City in the amount of$361,900. Such check
is a common "Good Faith" check for the Bonds and the City's Tax and Waterworks System (Limited
Pledge) Revenue Certificates of Obligation, Series 1999 (the "Certificates••), and an amount of such
check equal to 1% of the principal amount of the Bonds may be applied toward any obligation of the
Underwriters owing as a result of the failure of the Underwriters to accept delivery of the Bonds, as
provided herein. The City agrees to hold such check uncashed until. the Closing to ensure the
performance by the Underwriters of their obligation to purchase, accept delivery of and pay for the
Bonds at the Closing. Concurrently with the payment by the Underwriters of the purchase price of
the Bonds, the City shall return such check to the Authorized Representative as provided in
Paragraphs 7 and 8 hereof. Should the City fail to deliver the Bonds at the Closing, or should the
City be unable to satisfy the conditions of the obligations of the Underwriters to purchase, accept
delivery of and pay for the Bonds, as set forth in this Purchase Contract (unless waived by the
Authorized Representative), or should such obligations of the Underwriters be terminated for any
reason permitted by this Purchase Contract, such check shall immediately be returned to the
Authorized Representative. In the event the Underwriters fail (other than for a reason permitted
hereunder) to purchase, accept delivery of and pay for the Bonds at the Closing as herein provided,
such check shall be retained by the City as and for full liquidated damages for such failure of the
Underwriters and for any defaults hereunder on the part of the Underwriters. The Authorized
Representative hereby agrees not to stop or cause payment on said check to be stopped unless the
City has breached any of the terms of this Purchase Contract.
S. Official Statement. The Official Statement, including the cover pages and
Appendices thereto, of the City, dated January 28, 1999, with respect to the Bonds, as further
amended only in the manner herein provided, is hereinafter called the "Official Statement." The City
2
EXHIBIT B
hereby authorizes the Escrow Agreement, hereinafter defined, the Ordinance and the Official
Statement and the information therein contained to be used by the Underwriters in connection with
the public offering and sale of the Bonds. The City confirms its consent to the use by the
Underwriters prior to the date hereof of the Preliminary Official Statement, relative to the Bonds,
dated January 6, 1999 (the "Preliminary Official Statement"}, in connection with the preliminary
public offering and sale of the Bonds, and it is "deemed_final" as of its date, within the meaning, and
for the purposes, ofRule 15c2-12 promulgated under authority granted by the federal Securities and
Exchange Act of 1934 (the "Rule''). The City agrees to cooperate with the Underwriters to provide
a supply of final Official Statements within seven business days of the date hereof in sufficient
quantities to comply with the Underwriters' obligations under the Rule and the applicable rules of the
Municipal Securities Rulemaking Board. The Underwriters will use their best efforts to assist the
City in the preparation of the final Official Statement in order to ensure compliance with the
aforementioned rules.
If at any time after the date of this Purchase Contract but before the first to occur of (i) the
date upon which the Underwriters notify the City that the period of the initial public offering of the
Bonds has expired or (ii) the date that is 90 days after the date hereof, any event shall occur that
might or would cause the Official Statement to contain any untrue statement of a material fact or to
omit to state a material fact required to be stated therein or necessary to make the statements therein,
in the light of the circumstances under which they were made, not misleading, the City shall notify
the Authorized Representative, and if, in the opinion of the Authorized Representative, such event
requires the preparation and publication of a supplement or amendment to the Official Statement, the
City will at its expense supplement or amend the Official Statement in the form and in a manner
approved by the Authorized Representative and furnish to the Underwriters a reasonable number of
copies requested by the Authorized Representative in order to enable the Underwriters to comply
with the Rule.
To the best knowledge and belief of the City, the Official Statement contains information,
including financial information or operating data, as required by the Rule. The Issuer has not failed
to comply with any undertaking specified in paragraph (b)(5)(i) of the Rule within the last five years.
6. Representations, Warranties and Agreements of the City. On the date hereof, the
City represents, warrants and agrees as follows:
(a) The City is a home rule municipality and a political subdivision of the State of
Texas and a body politic and corporate, and has full legal right, power and authority to enter
into this Purchase Contract and the Escrow Agreement pertaining to the Bonds between the
City and the Escrow Agent named therein (the "Escrow Agreement"), to adopt the
Ordinance, to sell the Bonds, and to issue and deliver the Bonds to the Underwriters as
provided herein and to carry out and consummate all other transactions contemplated by the
Ordinance, the Escrow Agreement and this Purchase Contract;
(b) By official action of the City prior to or concurrently with the acceptance
hereof, the City has duly adopted the Ordinance, has duly authorized and approved the
execution and delivery of, and the performance by the City of the obligations contained in the
3
EXH\BIT B-
~~---------------· ----..
Bonds, the Escrow Agreement and this Purchase Contract and has duly authorized and
approved the performance by the City of its obligations contained in the Ordinance, the
Escrow Agreement and in this Purchase Contract;
(c) The City is not . in breach of or default under any applicable law or
administrative regulation of the State ofTexas or the United States (including regulations of
its agencies) or any applicable judgment or decree or any loan agreement, note, order,
agreement or other instrument, except as may be disclosed in the Official Statement, to which
the City is a party or to the knowledge of the City it is otherwise subject, that would have a
material and adverse effect upon the business or financial condition of the City; and the
execution and delivery of the Escrow Agreement and this Purchase Contract by the City and
the execution and delivery of the Bonds and the adoption of the Ordinance by the City and
compliance with the provisions of each thereof wiU not violate or constitute a breach of or
default under any existing law, administrative regulation, judgment, decree or any agreement
or other instrument to which the City is a party or, to the knowledge of the City, is otherwise
subject;
(d) All approvals, consents and orders of any governmental authority or agency
having jurisdiction of any matter that would constitute a condition precedent to the
performance by the City of its obligations to sell and deliver the Bonds hereunder will have
been obtained prior to the Closing;
(e) At the time of the City's acceptance hereof and at the time of the Closing, the
Official Statement does not and will not contain any untrue statement of a material fact or
omit to state a material fact required to be stated therein or necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading;
(f) Between the date of this Purchase Contract and the Closing, the City will not,
without the prior written consent of the Underwriters, issue any additional bonds, notes or
other obligations for borrowed money payable in whole or in part from ad valorem taxes
(except for the Certificates), and the City will not incur any material liabilities, direct or
contingent, nor will there be any adverse change of a material nature in the financial position
of the City;
(g) Except as described in the Official Statement, no litigation is pending or, to
the knowledge of the City, threatened in any court affecting the corporate existence of the
City, the title of its officers to their respective offices, or seeking to restrain or enjoin the
issuance or delivery of the Bonds, the levy, collection or application of the ad valorem taxes
pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way
contesting or affecting the issuance, execution, delivery, payment, security or validity of the
Bonds, or in any way contesting or affecting the validity or enforceability of the Ordinance,
the Escrow Agreement, or this Purchase Contract, or contesting the powers of the City, or
any authority for the Bonds, the Ordinance, the Escrow Agreement, or this Purchase Contract
or contesting in any way the completeness, accuracy or fairness of the Preliminary Official
Statement or the Official Statement;
4
EXHIBIT B
(h) The City will cooperate with the Underwriters in arranging for the qualification
of the Bonds for sale and the determination of their eligibility for investment under the laws
of such jurisdictions as the Authorized Representative designates, and will use its best efforts
to continue such qualifications in effect so long as required for distribution of the Bonds;
provided, however, that the City will not be required to execute a consent to service of
process or to qualify to do business in connection with any such qualification in any
jurisdiction;
(i) The descriptions of the Bonds, the Escrow Agreement and the Ordinance
contained in the Official Statement accurately summarize certain provisions of such
instruments, and the Bonds, when validly executed, authenticated and delivered in accordance
with the Ordinance and sold to the Underwriters as provided herein, will be validly issued and
outstanding obligations of the City entitled to the benefits of. and subject to the limitations
contained in, the Ordinance;
G) If prior to the Closing an event occurs affecting the City that is materially
adverse for the purpose for which the Official Statement is to be used and is not disclosed in
the Official Statement, the City shall notify the Authorized Representative, and if in the
opinion of the City and the Authorized Representative such event requires a supplement or
amendment to the Official Statement, the City will supplement or amend the Official
Statement in a form and in a manner approved by the Authorized Representative;
(k) The financial statements contained in the Official Statement present fairly the
financial position of the City as of the date and for the period covered thereby and are stated
on a basis substantially consistent with that of the prior year's audited financial statements;
( /) Any certificate signed by any official of the City and delivered to the
Underwriters shall be deemed a representation and warranty by the City to the Underwriters
as to the truth of the statements therein contained;
( m) The City has not been notified of any listing or proposed listing by the Internal
Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not
be relied upon; and
(n) The City will not knowingly take or omit to take any action, which action or
omission will in any way cause the proceeds from the sale of the Bonds to be applied in a
manner other than as provided in the Ordinance and the Escrow Agreement or that would
cause the interest of the Bonds to be includable in gross income of the holders thereof for
federal income tax purposes.
7. Closing. At 10:00 A.M., Central Time, on March 4, 1999 (the "Closing"), the City will
deliver the initial Bonds (as defined in the Ordinance) to the Underwriters and the City shall take
appropriate steps to provide DTC with one definite securities certificate for each year of maturity of
the Bonds, and to provide the Underwriters with the other documents hereinafter mentioned. On or
prior to the date of Closing, the Underwriters shall make arrangements with The Depository Trust
EXHlBlT S
Company ("DTC") for the Bonds to be immobilized and thereafter traded as book-entry only
securities and on the date of Closing the Underwriters will accept such delivery and pay the purchase
price of the Bonds as set forth in Paragraph 1 hereof in immediately available funds. Concurrently
with such payment by the Underwriters, the City shall return to the Authorized Representative the
check referred to in paragraph 4 hereof. Delivery and payment as aforesaid shall be made at the office
ofFulbright & Jaworski L.L.P., 2200 Ross Avenue, Suite 2800, Dallas, Texas 75201, or such other
place as shall have been mutually agreed upon by the City and the Authorized Representative.
8. Conditions. The Underwriters have entered into this Purchase Contract in reliance
upon the representations and warranties of the City contained herein and to be contained in the
documents and instruments to be delivered at the Closing, and upon the performance by the City of
its obligations hereunder, both as of the date hereof and as of the date of Closing. Accordingly, the
Underwriters' obligations under this Purchase Contract to purchase and pay for the Bonds shall be
subject to the performance by the City of its obligations to be performed hereunder and under such
documents and instruments at or prior to the Closing, and shall also be subject to the following
conditions:
(a) The representations and warranties of the City contained herein shall be true,
complete and correct in all material respects on the date hereof and on and as of the date of
Closing, as if made on the date of Closing;
. (b) At the time of the Closing, (i) the Ordinance and the Escrow Agreement shall
be in full force and effect, and the Ordinance and the Escrow Agreement shall not have been
amended, modified or supplemented and the Official Statement shall not have been amended,
modified or supplemented, except as may have been agreed to by the Authorized
Representative; and (ii) the net proceeds of the sale of the Bonds shall be deposited and
applied as described in the Official Statement and in the Ordinance;
(c) At the time of the Closing, all official action of the City related to the
Ordinance shall be in full force and effect and shall not have been amended, modified or
supplemented;
(d) The City shall not have failed to pay principal or interest when due on any of
its outstanding obligations for borrowed money;
(e) The City will purchase or cause to be purchased the Federal Securities (as
defined in the Official Statement) as may be necessary to effect the refunding of the CitYs
outstanding obligations as contemplated by the Escrow Agreement;
(f) At or prior to the Closing, the Underwriters shall have received each of the
following documents:
( 1) The Official Statement of the City, executed on behalf of the City by
the Mayor and City Secretary;
6
EXHIBIT -a-
(2) The Ordinance, certified by the City Secretary under the seal of the
City as having been duly adopted by the City and as being in effect, with such changes
or amendments as may have been agreed to by the Underwriters. The Ordinance shall
contain the agreement of the City, in form satisfactory to the Underwriters, that is
described under the caption "Continuing Disclosure ofinformation •• in the Preliminary
Official Statement;
(3) The opinion, dated the date of Closing, of Fulbright & Jaworski L.L.P.
("Bond Counsel") in substantially the form and substance of Appendix C to the
Official Statement;
( 4) An opinion or certificate, dated on or prior to the date of Closing, of
the Attorney General of Texas, approving the Bonds as required by law and the
registration certificate of the Comptroller of Public Accounts of the State ofTexas;
(5) The supplemental opinion or opinions, dated the date of Closing, of
Bond Counsel, addressed to the City and the Underwriters, which provides that the
Underwriters may rely upon the opinion of Bond Counsel delivered in accordance
with the provisions of paragraph 8(f)(3) hereof, and opining to the effect that (a) the
Purchase Contract has been duly authorized, executed and delivered by the City and
(assuming due authorization by the Underwriters) constitutes a binding and
enforceable agreement of the City in accordance with its terms; (b) in its capacity as
Bond Counsel, such finn has reviewed the information in the Official Statement under
the captions or subcaptions subcaptions "Plan of Financing," "The Bonds" (exclusive
of the information under the subcaptions "Book-Entry Only System" and
"Bondholders Remedies"), "Tax Matters,11 "Continuing Disclosure of Information"
(exclusive of the information under the subcaption. "Compliance with Prior
Undertakings''), "Legal Opinions .. ( exclusive of the last two sentences thereof) and
"Legal Investments and Eligibility to Secure Public Funds in Texas" and such finn is
of the opinion that such descriptions present a fair and accurate summary of the
provisions of the laws and instruments therein described and, with respect to the
Bonds, such information conforms to the Ordinance; and (c) the Bonds are exempt
from registration pursuant to the Securities Act of 1933, as amended, and the
Ordinance is exempt from qualification as an indenture pursuant to the Trust
Indenture Act of 1939, as amended;
(6) An opinion of McCall, Parkhurst & Horton L.L.P., Underwriters'
Counsel addressed to the Underwriters, and dated the date of Closing· to the effect
that: (i) the Bonds are exempt securities within the meaning ofSection 3(a)(2) of the
Securities Act of 1933, as amended, and it is not necessary in connection with the sale
of the Bonds to the public to register the Bonds under the Securities Act of 1933, as
amended, or to qualify the Ordinance under the Trust Indenture Act of 1939, as
amended; and (ii) in their participation in the preparation of the Official Statement,
nothing has come to the attention of said firm that would lead them to believe that the
Official Statement (excluding the financial and statistical data and forecasts included
7
EXHIBIT B.
therein, all as to which no view need be expressed) contains any untrue statement of
a material fact or omits to state a material fact necessary to make the statements
therein, in light of the circumstances under which they were made, not misleading;
(7) A certificate, dated the date of Closing, signed by the City Manager
and Director ofFinancial Services ofthe City, to the effect that (i) the representations
and warranties of the City contained herein are true and correct in all material respects
on and as of the date of Closing as if made on the date of Closing; (ii) except to the
extent disclosed in the Official Statement, no litigation is pending or, to the
knowledge of such persons, threatened in any court to restrain or enjoin the issuance
or delivery of the Bonds, or the levy, collection or application of the ad valorem taxes
pledged or to be pledged to pay the principal of and interest on the Bonds, or the
pledge thereof, or in any way contesting or affecting the validity of the Bonds, the
Ordinance, the Escrow Agreement, or this Purchase Contract, or contesting the
powers of the City or the authorization of the Bonds or the Ordinance, or contesting
in any way the accuracy, completeness or fairness of the Official Statement (but in lieu
of or in conjunction with such certificate, the Underwriters may, in their sole
discretion, accept certificates or opinions of the City Attorney that, in the opinion
thereof, the issues raised in any such pending or threatened litigation are without
substance or that the contentions of all plaintiffs therein are without merit); (iii) to the
best of their knowledge, no event affecting the City has occurred since the date of the
. Official Statement that should be disclosed in the Official Statement for the purpose
for which it is to be used or that it is necessary to disclose therein in order to make the
statements and information therein not misleading in any respect; and (iv) that there
has not been any material and adverse change in the affairs or financial condition of
the City since September 30, 1998, the latest date as to which audited financial
information is available;
(8) An opinion of the City Attorney addressed to the Underwriters and
dated the date of Closing substantially in the form and substance of Exhibit B hereto;
(9) A certificate, dated the date of the Closing, of an appropriate officer
of the City to the effect that, on the basis of the facts, estimates and circumstances in
effect on the date of delivery of the Bonds, it is not expected that the proceeds ofthe
Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds
within the meaning of Section 148 of the Internal Revenue Code of 1986, as
amended;
( 1 0) A copy of a special report prepared by Grant Thornton LLP with
respect to the Bonds addressed to the City, Bond Counsel, Underwriters' Counsel and
the Underwriters verifying the arithmetical computations of the adequacy of the
maturing principal and interest on the Federal Securities and uninvested cash on hand
under the Escrow Agreement to pay, when due, the principal of and interest on the
bonds being refunded and the computation of the yield with respect to such Federal
Securities and the Bonds;
8
EXHIBIT B
( 11) Evidence of the rating on the Bonds, which shall be "Aa2" or better
by Moody's Investors Service, Inc. ("Moody's"), "AA" or better by Standard and
Poor's Corporation, a division of the McGraw-Hill Companies, Inc. ("S&P"), and
"AA" or better by Fitch IBCA, Inc., shall be delivered in a form acceptable to the
Underwriters; and
( 12) Such additional legal opinions, certificates, instruments and other
documents as Bond Counsel or the Underwriters may reasonably request to evidence
the truth, accuracy and completeness, as of the date hereof and as of the date of
Closing, of the City's representations and warranties contained herein and of the
statements and information contained in the Official Statement and the due
performance and satisfaction by the City at or prior to the date of Closing of all
agreements then to be performed and all conditions then to be satisfied by the City.
All of the opinions, letters, certificates, instruments and other documents mentioned above
or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions hereof
if, but only if, they are satisfactory to the Underwriters.
If the City shall be unable to satisfy the conditions to the obligations of the Underwriters to
purchase, to accept delivery of and to pay for the Bonds as set forth in this Purchase Contract, or if
the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Bonds shall
be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall
terminate, the security deposit referred to in Paragraph 4 of this Purchase Contract shall be returned
to the Authorized Representative and neither the Underwriters nor the City shall be under further
obligation hereunder, except that the respective obligations ofthe City and the Underwriters set forth
in Paragraphs 10 and 12 hereof shall continue in full force and effect.
9. Tennination. The Underwriters may terminate its obligation to purchase at any time
before the Closing if any of the following should occur:
(a) (i) Legislation shall have been enacted by the Congress of the United States,
or recommended to the Congress for passage by the President of the United States or
favorably reported for passage to either House of the Congress by any Committee of such
House; or (ii) a decision shall have been rendered by a eourt established under Article III of
the Constitution of the United States or by the United States Tax Court; or (iii) an order,
ruling or regulation shall have been issued or proposed by or on behalf of the Treasury
Department of the United States or the Internal Revenue Service or any other agency of the
United States; or (iv) a release or official statement shall have been issued by the President
of the United States or by the Treasury Department of the United States or by the Internal
Revenue Service, the effect of which, in any such case described in clause (i), (ii), (iii), or (iv),
would be to impose, directly or indirectly, federal income taxation upon interest received on
obligations of the general character of the Bonds or upon income of the general character to
be derived by the City, other than any imposition of federal income taxes upon interest
received on obligations of the general character as the Bonds on the date hereof and other
than as disclosed in the Official Statement, in such a manner as in the judgment of the
9
EXHIBIT d ·
Authorized Representative would materially impair the marketability or materially reduce the
market price of obligations of the general character of the Bonds.
(b) Any action shall have been taken by the Securities and Exchange Commission
or by a court that would require registration of any security under the Securities Act ofl933,
as amended, or qualification of any indenture under the Trust Indenture Act of 1939, as
amended, in coMection with the public offering of the Bonds, or any action shall have been
taken by any court or by any governmental authority suspending the use of the Preliminary
Official Statement or the Official Statement or any amendment or supplement thereto, or any
proceeding for that purpose shall have been initiated or threatened in any such court or by any
such authority.
(c) (i) The Constitution of the State of Texas shall be amended or an amendment
shall be proposed, or (ii) legislation shall be enacted, or (iii) a decision shall have been
rendered as to matters of Texas law, or (iv) any order, ruling or regulation shall have been
issued or proposed by or on behalf of the State of Texas by an official, agency or department
thereof, affecting the tax status of the City, its property or income, its bonds (including the
Bonds) or the interest thereon, that in the judgment of the Authorized Representative would
materially affect the market price of the Bonds.
(d) (i) A general suspension of trading in securities shall have occurred on the
New York Stock Exchange, or (ii) the United States shall have become engaged in hostilities
(including the escalation of any hostilities existing on the date hereof, whether or not
foreseeable), the effect of which, in either case described in clause (i) and (ii), that, in the
judgment of the Authorized Representative, would materially affect the market price of the
Bonds.
(e) An event described in Paragraph 6(j) hereof occurs that, in the opinion of the
Authorized Representative, requires a supplement or amendment to the Official Statement
that is deemed by them, in their discretion, to adversely affect the market for the Bonds.
(f) A general banking moratorium shall have been declared by authorities of the
United States, the State of New York or the State of Texas.
(g) A lowering of the ratings of" Aa2," "AA" and "AA", initially assigned to the
Bonds by Moody's, S&P and Fitch, respectively, shall occur prior to the Closing.
10. Expenses. (a) The City shall pay out of the bond proceeds all expenses incident to the
issuance of the Bonds, including but not limited to: (i) the cost ofthe preparation, printing and
distribution of the Preliminary Official Statement and the Official Statement; (ii) the cost of the
preparation and printing of the Bonds; (iii) the fees and expenses ofBond Counsel to the City; (w) the
fees and disbursements of the City's accountants, advisors, and of any other experts or consultants
retained by the City including the fee of the Grant Thornton LLP for the preparation of the
verification report relating to the refunding; and (v) the fees for the bond ratings and any travel or
other expenses incurred incident thereto.
10
EXH\Brf d
(b) The Underwriters shall pay (i) all advertising expenses in connection \Vith the offering
of the Bonds; (ii) the cost of the preparation and printing of all the underwriting documents; and (iii)
the fee of McCall, Parkhurst & Horton L.L.P. for such firm's opinion required by Paragraph 8(f)(6)
hereof
11. Notices. Any notice or other communication to be given to the City under this
Purchase Contract may be given by delivering the same in writing at the address for the City set forth
above, and any notice or other communication to be given to the Underwriters under this Purchase
Contract may be given by delivering the same in writing to Morgan Keegan & Co., Inc., 5956 Sherry
Lane, Suite 1900, Dallas, Texas 75225, Attention: Alan Scarisbrick.
12. Parties in Interest. This Purchase Contract is made solely for the benefit of the City
and the Underwriters (including the successors or assigns of any Underwriter) and no other person
shall acquire or have any right under this contract. The City's representations, warranties and
agreements contained in this Purchase Contract that exist as of the Closing, and \Vithout regard to
any change in fact or circumstance occurring subsequent to the Closing. shall remain operative and
in full force and effect, regardless of (i) any investigations made by or on behalf of the Underwriters,
and (ii) delivery of any payment for the Bonds hereunder; and the City's representations and
warranties contained in Paragraph 6 of this Purchase Contract shall remain operative and in full force
and effect, regardless of any termination ofthis Purchase Contract.
13. . Severability. If any provision of this Purchase Contract shall be held or deemed to
be or shall, in fact, be invalid, inoperative or unenforceable as applied in any particular case in any
jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provisions of any
constitution, statute, rule of public policy, or any other reason, such circumstances shall not have the
effect of rendering the provision in question invalid, inoperative or unenforceable in any other case
or circumstances, or of rendering any other provision inoperative or unenforceable to any extent
whatever.
14. Choice of Law. This Purchase Contract shall be governed by and construed in
accordance \Vith the laws of the State of Texas.
15. Execution in Counterparts. This Purchase Contract may be executed in any number
of counterparts, all of which taken together shall constitute one and the same instrument, and any of
the parties hereto may execute this Purchase Contract by signing any such counterpart.
16. Section Headings. Section headings have been inserted in this Contract as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of this
Contract and will not be used in the interpretation of any provisions of this Contract.
17. Status of the Underwriters. It is understood and agreed that for all purposes of this
Contract and the transactions contemplated hereby the Underwriters have, in their role as
underwriters, acted solely as independent contractors and have not acted as financial or investment
advisors, fiduciaries or agents to or for the City, whether directly or indirectly through any person.
11
EXHIBIT e.
The City recognizes that the Underwriters expect to profit from the acquisition and potential
distribution of the Bonds.
18. Effective Date. This Purchase Contract shall become effective upon the execution
of the acceptance hereof by the Mayor of the City and shall be valid and enforceable as of the time
of such acceptance.
[Signature page follows.]
12
EXHIBIT a·
16. Effective Date. This Purchase Contract shall become effective upon the execution
of the acceptance hereof by the Mayor of the City and shall be valid and enforceable as of the time
of such acceptance.
Accepted:
This 28th day of January, 1999
Very truly yours,
Morgan Keegan & Co., Inc.
NationsBanc Montgomery Securities LLC
Estrada Hinojosa & Company, Inc.
Siebert Brandford Shank & Co., LLC
By: Morgan Keegan & Co., Inc.
Authorized Representative
By: ----------------------------
Title: Assistant Vice President
By: __________________________________ ___
Mayor
City of Lubbock, Texas
Attest:
City Secretary
City of Lubbock, Texas
13
EXHIBIT 8
EXBWITA
Schedule of Maturities, Interest Rates, Yields and Redemption Provisions
City of Lubbock. Tes::as General Obligation Refunding Bonds, Series 1999
Maturity Principal Interest Rate Yield
(2/15) Amount (%) (•At)
2000 s 140,000 4.00 3.10
2001 145,000 4.00 3.45
2002 1,245,000 4.00 3.65
2003 215,000 4.00 3.80
2004 220,000 4.00 3.90
2005 220,000 4.00 3.95
2006 1,940,000 4.00 4.05
2007 1,915,000 4.00 4.10
2008 1,895,000 4.10 4.15
2009 1,870,000 4.20 4.25
2010 2,960,000 4.30 4.35
2011 2,930,000 4.45 4.50
2012 1,785,000 4.55 4.60
2013 1,685,000 4.65 4.70
2014 1,670,000 4.70 4.75
The Bonds maturing on and after February 15, 20 I 0 are subject to redemption prior to maturity at
the option of the Issuer on February 15, 2009 or any date thereafter at a price of par plus accrued
interest to the date of redemption.
A-1 EXH I BtT. B
EXHIBITS
OPINION OF THE CITY ATTORNEY
March 4, 1999
Morgan Keegan & Co., Inc.
NationsBanc Montgomery Securities LLC
Estrada Hinojosa & Company, Inc.
Siebert Brandford Shank & Co., LLC
% Morgan Keegan & Co., Inc.
5956 Sherry Lane
Suite 1900
Dallas, TX 75225
Ladies and Gentlemen:
I am the City Attorney for the City ofLubbock, Texas (the "City11) and have acted as such in
connection with the issuance of"City ofLubbock, Texas General Obligation Refunding Bonds, Series
1999," in the aggregate principal amount of$20,835,000 (the "Bonds''), pursuant to the provisions
of an ordinance duly adopted by the City Council of the City on January 28, 1999 (the "Ordinance").
Capitalized terms not otherwise defined in this opinion have the meanings assigned in the Purchase
Contract.
In my capacity as City Attorney to the City, I have reviewed such agreements, documents,
certificates, opinions, letters, and other papers as I have deemed necessary or appropriate in rendering
the opinions set forth below.
In making my review, I have assumed the authenticity of all documents and agreements
submitted to me as originals conformity to the originals of all documents and agreements submitted
to me as certified or photostatic copies, the authenticity of the originals of such latter documents and
agreements, and the accuracy of the statement contained in such documents.
Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set
forth, I am of the opinion that under the applicable laws of the United States of America and the State
ofT exas in force and effect on the date hereof:
1. Based on reasonable inquiry made of the responsible City employees and public officials, the
City is not, to the best of my knowledge, in breach of or in default under any applicable law
or administrative regulation of the State of Texas or the United States, or any applicable
judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance,
agreement or other instrument to which the City is party or is otherwise subject and, to the
best of my knowledge after due inquiry, no event has occurred and is continuing that, with
B-1
EXHIBIT 8
the passage of time or the giving of notice, or both, would constitute such a default by the
City under any of the foregoing; and the execution and delivery of the Purchase Contract, the
Bonds and the Escrow Agreement and the adoption of the Ordinance and compliance with
the provisions of each of such agreements or instruments does not constitute a breach of or
default under any applicable law or administrative regulation of the State of Texas or the
United States or any applicable judgment or decree or, to the best of my knowledge, any trust
agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument
to which the City is a party or is otherwise subject; and
2. Except as disclosed in the Official Statement, no litigation is pending, or, to my knowledge,
threatened, in any court in any way (a) challenging the titles of the Mayor or any of the other
members of the City Council to their respective offices; (b) seeking to restrain or enjoin the
issuance or delivery of any of the Bonds, or the collection of taxes levied or to be levied to
pay the principal of and interest on the Bonds; (c) contesting or affecting the validity or
enforceability of the Bonds, the Ordinance, the Purchase Contract, or the Escrow Agreement;
(d) contesting the powers of the City or any authority for the issuance of the Bonds, or the
adoption of the Ordinance; or (e) that would have a material and adverse effect on the
financial condition of the City.
This opinion is furnished solely for your benefit and may be relied upon only by the addresses
hereof or anyone to whom specific permission is given in writing by me.
Very truly yours,
B-2
EXHIBIT a·
EXHIBIT C
SPECIAL ESCROW AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
§
§'
§
THIS SPECIAL ESCROW AGREEMENT (the "Agreement'1, made and entered into as of
January 28, 1999, by and between the City of lubbock, Texas, a duly incorporated municipal
corporation in lubbock County, Texas (the "City") acting by and through the Mayor and City
Secretary, and Norwest Bank Texas, National Association, a national banking association
organized and existing under the laws of the United States of America, or its successors or
assigns hereunder (the "Bank'1,
WITNESSETH:
WHEREAS, the City Council of the City of Lubbock, Texas (the "City'1 has heretofore
issued, sold, and delivered, and there is currently outstanding, obligations totaling in principal
amount $19,730,000 (collectively, the "Refunded Obligations'1 more particularly described as
follows:
(1) City of Lubbock, Texas, Combination Tax and Exhibition
HaiVAuditorium (limited Pledge) Revenue Certificates of Obligation,
Series 1991, dated May 15, 1991, maturing on February 15 in each of the
years 2002, 2010 and 2011, and aggregating in principal amount $610,000
(2) City of Lubbock, Texas, Combination Tax and Waterworks
System Subordinate lien Revenue Certificates of Obligation, Series 1991,
dated May 15, 1991, maturing on February 15 in each of the years 2002,
2010 and 2011, and aggregating in principal amount $2,425,000
(3) City of lubbock, Texas, General Obligation Bonds, Series
1991, dated May 15, 1991, maturing on February 15 in each of the years
2002,2010 and 2011, and aggregating in principal amount $ 300,000
(4) City of lubbock, Texas, Combination Tax and Sewer System
Subordinate lien Revenue Certificates of Obligation, Series 1991, dated
November 15, 1991, maturing on February 15 in each of the years
2003 through 2012, and aggregating in principal amount $850,000
(5) City of lubbock, Texas, Combination Tax and Sewer System
Subordinate Uen Revenue Certificates of Obligation, Series 1992, dated
May 15, 1992, maturing on February 15 in each of the years
2006 through 2014, and aggregating in principal amount $15,545,000
AND WHEREAS, in accordance with the provisions of Article 717k, V.A.T.C.S., as
amended (the "Act"), the City is authorized to sell refunding bonds in an amount sufficient to
provide for the payment of obligations to be refunded, deposit the proceeds of such refunding
761962.1
bonds with any place of payment for the obligations being refunded and enter into an escrow or
similar agreement with such place of payment for the safekeeping, investment, reinvestment,
administration and disposition of such deposit, upon such terms and conditions as the parties may
agree, provided such deposits may be invested only in direct obligations of the United States of
America, including obligations the principal of and interest on are unconditionally guaranteed by
the United States of America, (hereinafter called the "Federal Securities") that mature and/or bear
interest payable at such times and in such amounts as will be sufficient to provide for the
scheduled payment of Refunded Obligations; and
WHEREAS, the Refunded Obligations are scheduled to mature, or be redeemed, and
interest thereon is payable on the dates and in the manner set forth in Exhibit A attached hereto
and incorporated herein by reference as a part of this Agreement for all purposes; and
WHEREAS, the City on the 28th day of January, 1999, pursuant to an ordinance (the "Bond
Ordinance") finally passed and adopted by the City Council, authorized the issuance of bonds
known as "City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1999" (the
"Bonds'~, and such Bonds are being issued to refund, discharge and make final payment of the
principal of and interest on the Refunded Obligations; and
WHEREAS, upon the delivery of the Bonds, the proceeds of sale, together with other.
available funds of the City, are to be deposited with the Bank and used in part to purchase the
Federal Securities listed and identified in Exhibit B attached hereto and incorporated by reference
as a part of this Agreement for all purposes; and
WHEREAS, the Federal Securities shall be held and deposited to the credit of the "Escrow
Fund" to be established and maintained by the Bank in accordance with this Agreement; and
WHEREAS, the Federal Securities, togetherwith the beginning cash balance in the Escrow
Fund, shall mature and the interest thereon shall be payable at such times to insure the existence
of monies sufficient to pay the principal amount of the Refunded Obligations and the accrued
interest thereon, as the same shall become due in accordance with the terms of the ordinances
authorizing the issuance of the Refunded Obligations and as set forth in Exhibit A attached hereto;
and
WHEREAS, the City has completed all arrangements for the purchase of the Federal
Securities listed in Exhibit B and the deposit and credit of the same to the Escrow Fund as
provided herein; and
WHEREAS, the Bank is a national banking association organized and existing under the
laws of the United States of America, possessing trust powers and is fully qualified and
empowered to enter into this Agreement; and
WHEREAS; in Section 16 of the Bond Ordinance, the City Council duly approved and
authorized the execution of this Agreement; and
751962.1 -2-
EXHIBIT C
WHEREAS, the City and the Escrow Agent, as the case may be, shall take all action
necessary to call, pay, redeem and retire said Refunded Obligations in accordance with the
provisions thereof, including, without limitation, all actions required by the ordinance authorizing
the Refunded Obligations, the Act, the Bond Ordinance and this Agreement;
NOW, THEREFORE, in consideration of the mutual agreements herein contained, and to
secure the payment of the principal of and the interest on the Refunded Obligations as the same
shall become due, the City and the Bank hereby mutually undertake, promise and agree as
follows:
SECTION 1: Receipt of Refunded Bond Ordinances. Receipt of copies of the ordinances
authorizing the issuance of the Refunded Obligations and the Bond Ordinance are hereby
acknowledged by the Bank. Reference herein to or citation herein of any provision of said
documents shall be deemed an incorporation of such provision as a part hereof in the same
manner and with the same effect as if it were fully set forth herein.
SECTION 2: Escrow Fund Creation/Funding. There is hereby created by the City with the
Bank a special segregated and irrevocable trust fund designated "SPECIAL 1999 CITY OF
LUBBOCK, TEXAS, REFUNDING BOND ESCROW FUND" (hereinafter called the "Escrow Fund', ·
for the benefit of the holders of the Refunded Obligations, and, immediately following the delivery.
of the Bonds, the City agrees and covenants to cause to be deposited with the Bank the following
amounts:
$20,612,884.00
$ 1.23
for the purchase of Federal Securities identified in Exhibit B to be
held for the account of the Escrow Fund
for deposit in the Escrow Fund as a beginning cash balance.
The Bank hereby accepts the Escrow Fund and further agrees to receive said moneys,
apply the same as set forth herein, and to hold the cash and Federal Securities deposited and
credited to the Escrow Fund for application and disbursement for the purposes and in the manner
provided in this Agreement.
SECTION 3: Escrow Fund Sufficiency Warranty. The City hereby represents that the cash
and Federal Securities, together with the interest to be earned thereon, deposited to the credit of
the Escrow Fund will be sufficient to pay the principal of and premium and interest on the
Refunded Obligations as the same shall become due and payable, and such Refunded
Obligations, and the interest thereon, are to mature or be redeemed and shall be paid at the times
and in the amounts set forth and identified in Exhibit A attached hereto.
FURTHERMORE, the Bank acknowledges receipt of the Bond Ordinance which provides
for the redemption of the (I) Series 1991 Combination Tax and Exhibition Hall (Limited Pledge)
Revenue Refunded Obligations, Series 1991 General Obligation Refunded Obligations and the
Combination Tax and Waterworks System Subordinate Lien Revenue Refunded Obligations on
February 15, 2001 at the redemption price of par plus accrued interest thereon, (ii) Series 1991
Combination Tax and Sewer System Subordinate Lien Revenue Refunded Obligations on
751962.1 -5-
UHIBIT C
February 15, 2002 at the redemption price of par plus accrued interest thereon and (iii) Series
1992 Refunded·Obligations on February 15, 2004 at the redemption price of par plus accrued
interest thereon; all in accordance with the provisions of the notice requirements applicable to said
Refunded Obligations and the notice requirements contained in the respective ordinances
authorizing such Refunded Obligations.
The Bank agrees to cause a notice of redemption pertaining to the Refunded Obligations
to be sent to the registered owners thereof appearing on the registration books at least thirty (30)
days prior to the respective redemption date therefor.
SECTION 4: Pledge of Escrow. The Bank agrees that all cash and Federal Securities,
together with any income or interest earned thereon, held in the Escrow Fund shall be and is
hereby irrevocably pledged to the payment of the principal of and interest on the Refunded
Obligations which will mature and become due on and after the date of this Agreement, and such
funds initially deposited and to be. received from maturing principal and interest on the Federal
Securities in the Escrow Fund shall be applied solely in accordance with the provisions of this
Agreement.
SECTION 5: Escrow Insufficiency-Citv Warranty to Cure. If, for any reason, the funds
on hand in the Escrow Fund shall be insufficient to make the payments set forth in Exhibit A.
attached hereto, as the same becomes due and payable, the City shall make timely deposits to
the Escrow Fund, from lawfully available funds, of additional funds in the amounts required to
make such payments. Notice of any such insufficiency shall be immediately given by the Bank
to the City by the fastest means possible, but the Bank shall in no manner be responsible for the
City's failure to make such deposits.
SECTION 6: Escrow Fund Securities/Segregation. The Bank shall hold said Federal
Securities and moneys in the Escrow Fund at all times as a special and separate trust fund for the
benefit of the holders of the Refunded Obligations, wholly segregated from other moneys and
securities on deposit with the Bank; shall never commingle said Federal Securities and moneys
with other moneys or securities of the Bank; and shall hold and dispose of the assets therein only
as set forth herein. Nothing herein contained shall be construed as requiring the Bank to keep the
identical moneys, or any part thereof, in said Escrow Fund, if it is impractical, but moneys of an
equal amount, except to the extent such are represented by the Federal Securities, shall always
be maintained on deposit in the Escrow Fund by the Bank, as trustee; and a special account
evidencing such facts shall at all times be maintained on the books of the Bank.
SECTION 7: Escrow Fund Collections/Payments. The Bank shall from time to time collect
and receive the principal of and interest on the Federal Securities as they respectively mature and
become due and credit the same to the Escrow Fund. On or before each principal and/or interest
payment date or redemption date, as the case may be, for the Refunded Obligations shown in
Exhibit A attached hereto, the Bank, without further direction from anyone, including the City, shall
cause to be withdrawn from the Escrow Fund the amount required to pay the accrued interest on
the Refunded Obligations due and payable on said payment date and the principal of the
Refunded Obligations due and payable on said payment date or redemption date, as the case
may be, and the amount withdrawn from the Escrow Fund shall be immediately transmitted and
751962.1 -4-
EXHIBIT C
deposited with thfa paying agent for the Refunded Obligations to be paid with such amount. The
paying agent for the Refunded Obligations is the Bank.
If any Refunded Obligation thereon shall not be presented for payment when the principal
thereof or interest thereon shall have become due, and if cash shall at such times be held by the
Bank in trust for that purpose sufficient and available to pay the principal of such Refunded
Obligation and interest thereon it shall be the duty of the Bank to hold said cash without liability
to the holder of such Refunded Obligation for interest thereon after such maturity or redemption
date, in trust for the benefit of the holder of such Refunded Obligation, who shall thereafter be
restricted exclusively to said cash for any claim of whatever nature on his part on or with respect
to said Refunded Obligation, including for any claim for the payment thereof and interest thereon.
All cash required by the provisions hereof to be set aside or held in trust for the payment of the
Refunded Obligations, including interest thereon, shall be applied to and used solely for the
payment of the Refunded Obligations and interest thereon with respect to which such cash has
been so set aside in trust.
Subject to the provisions of the last sentence of Section 25 hereof, cash held by the Bank
in trust for the payment and discharge of any of the Refunded Obligations and interest thereon
which remains unclaimed for a period of four (4) years after the stated maturity date or redemption .
date of such Refunded Obligations shall be returned to the City. Notwithstanding the above and .
foregoing, any remittance of funds from the Bank to the City shall be subject to any applicable
unclaimed property laws of the State of Texas.
SECTION 8: Disposal of Refunded Obligations. All Refunded Obligations cancelled on
account of payment by the Bank shall be disposed of or otherwise destroyed by the Bank, and an
appropriate certificate of destruction furnished the City.
SECTION 9: Escrow Fund Encumbrance. The escrow created hereby shall be irrevocable
and the holders of the Refunded Obligations shall have an express lien on all moneys and Federal
Securities in the Escrow Fund until paid out, used and applied in accordance with this Agreement.
Unless disbursed in payment of the Refunded Obligations, all funds and the Federal
Securities received by the Bank for the account of the City hereunder shall be and remain the
property of the Escrow Fund and the City and the owners of the Refunded Obligations shall be
entitled to a preferred claim and shall have a first lien upon such funds and Federal Securities
enjoyed by a trust beneficiary. The funds and Federal Securities received by the Bank under this
Agreement shall not be considered as a banking deposit by the City and the Bank and the City
shall have no right or title with respect thereto, except as otherwise provided herein. Such funds
and Federal Securities shall not be subject to checks or drafts drawn by the City.
SECTION 10: Absence of Bank Claim/Uen on Escrow Fund. The Bank shall have no lien
whatsoever upon any of the moneys or Federal Securities in the Escrow Fund for payment of
services rendered hereunder, services rendered as paying agent/registrar for the Refunded
Obligations, or for any costs or expenses incurred hereunder and reimbursable from the City.
751962.1 -5-
EXHIBIT C
SECTION 11·: Substitution of Investments/Reinvestments. The Bank shall be authorized
to accept initially and temporarily cash and/or substituted Federal Securities pending the delivery
of the Federal Securities identified in the Exhibit B attached hereto, or shall be authorized to
redeem the Federal Securities and reinvest the proceeds thereof, together with other moneys held
in the Escrow Fund in noncallable direct obligations of the United States of America provided such
early redemption and reinvestment of proceeds does not change the repayment schedule of the
Refunded Obligations appearing In Exhibit A and the Bank receives the following:
(1) an opinion by an independent certified public accountant to the effect
that (i) the initial and/or temporary substitution of cash and/or securities for one
or more of the Federal Securities identified in Exhibit B pending the receipt and
delivery thereof to the Escrow Agent or (ii) the redemption of one or more of the
Federal Securities and the reinvestment of such funds in one or more substituted
securities (which shall be noncallable direct obligations of the United States of
America), together with the interest thereon and other available moneys then held
in the Escrow Fund, will, in either case, be sufficient, without reinvestment, to pay,
as the same become due in accordance with Exhibit A, the principal of, and
interest on, the Refunded Obligations which have not previously been paid, and
(2) with respect to an early redemption of Federal Securities and the
reinvestment of the proceeds thereof, an unqualified opinion of nationally
recognized municipal bond counsel to the effect that (a) such investment will not
cause interest on the Bonds or Refunded Obligations to be included in the gross
income for federal income tax purposes, under the Code and related regulations
as in effect on the date of such investment, or otherwise make the Interest on the
Bonds or the Refunded Obligations subject to Federal income taxation and (b)
such reinvestment complies with the Constitution and laws of the State of Texas
and with all relevant documents relating to the issuance of the Refunded
Obligations and the Bonds.
SECTION 12: Restriction on Escrow Fund Investments-Reinvestment. Except as
provided in Section 11 hereof, moneys in the Escrow Fund will be invested only in the Federal
Securities listed in Exhibit Band neither the City nor the Bank shall reinvest any moneys deposited
in the Escrow Fund except as specifically provided by this Agreement
SECTION 13: Excess Funds. If at any time through redemption or cancellation of the
Refunded Obligations there exists or will exist excesses of interest on or maturing principal of the
Federal Securities in excess of the amounts necessary hereunder for the Refunded Obligations,
the Bank may transfer such excess amounts to or on the order of the City, provided that the City
delivers to the Bank the following:
751962.1
(1) an opinion by an independent certified public accountant that after the transfer
of such excess, the principal amount of securities in the Escrow Fund, together with the
interest thereon, and other available monies then held in the Escrow Fund, will be
sufficient to pay, as the same become due and without reinvestment, in accordance with
-6-
EXHJBIT C
Exhibit A, the principal of, and interest on, the Refunded Obligations which have not
previousry been paid, and
(2} an unqualified opinion of nationally recognized municipal bond counsel to the
effect that (a} such transfer will not cause interest on the Bonds or the Refunded
Obligations to be included in gross income for federal income tax purposes, under the
Code and related regulations as in effect on the date of such transfer, or otherwise make
the interest on the Bonds or the Refunded Obligations subject to Federal income taxation,
and (b) such transfer complies with the Constitution and laws of the State of Texas and
with all relevant documents relating to the issuance of the Refunded Obligations or the
Bonds.
SECTION 14: Collateralization. The Bank shall continuously secure the monies in the
Escrow Fund not invested in Federal Securities by a pledge of direct obligations of the United
States of America, in the par or face amount at least equal to the principal amount of said
uninvested monies to the extent such money is not insured by the Federal Deposit Insurance
Corporation.
SECTION 15: Absence of Bank's Uabilitv for Investments. The Bank shall not be liable
or responsible for any loss resulting from any investment made in the Federal Securities or
substitute securities as provided in Section 11 hereof.
SECTION 16: Bank's Compensation • Escrow Administration/Settlement of Paying
Agent's Charges. The City agrees to pay the Bank for the performance of services hereunder
and as reimbursement for anticipated expenses to be incurred hereunder the amount of
$3,750.00 and, except for reimburSement of costs and expenses incurred by the Bank pursuant
to Sections 3, 11 and 19 hereof, the Bank hereby agrees said amount is full and complete
payment for the administration of this Agreement.
The Bank agrees to continue to provide paying agent services for the life of the Refunded
Obligations, with the remedy for nonpayment being solely an action for amounts owing under the
paying agent contract.
SECTION 17: Escrow Agent's Duties I Responsibilities/Uabilitv. The Bank shall not be
responsible for any recital herein, except with respect to its organization and its powers and
authority. As to the existence or nonexistence of any fact relating to the City or as to the .
sufficiency or validity of any instrument, paper or proceedings relating to the City, the Bank shall
be entitled to rely upon a certificate signed on behalf of the City by its City Manager or Mayor
and/or City Secretary of the City as sufficient evidence of the facts therein contained. The Bank
may accept a certificate of the City Secretary under the City's seal, to the effect that a resolution
or other instrument in the form therein set forth has been adopted by the City Council of the City,
as conclusive evidence that such resolution or other instrument has been duly adopted and is
in full force and effect.
The duties and obligations of the Bank shall be determined solely by the express
provisions of this Agreement and the Bank shall not be liable except for the performance of such
751962.1 -7-
EXHIBIT C
duties and obligation·s as are specifically set forth in this Agreement, and no implied covenants
or obligations shall be read into this Agreement against the Bank.
In the absence of bad faith on the part of the Bank, the Bank may conclusively rely, as
to the truth of the statements and the correctness of the opinions expressed therein, upon any
certificate or opinion furnished to the Bank, conforming to the requirements of this Agreement;
but notwithstanding any provision of this Agreement to the contrary, in the case of any such
certificate or opinion or any evidence which by any provision hereof is specifically required to be
furnished to the Bank, the Bank shall be under a duty to examine the same to determine whether
it conforms to the requirements of this Agreement
The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer or Officers of the Bank unless it shall be proved that the Bank was negligent
in ascertaining or acting upon the pertinent facts.
The Bank shall not be liable with respect to any action taken or omitted to be taken by
it in good faith in accordance with the direction of the holders of not less than a majority in
aggregate principal amount of all said Refunded Obligations at the time outstanding relating to
the time, method and place of conducting any proceeding for any remedy available to the Bank
not in conflict with the intent and purpose of this Agreement. For the purposes of determining
whether the holders of the required principal amount of said Refunded Obligations have
concurred in any such direction, Refunded Obligations owned by any obligor upon the Refunded
Obligations, or by any person directly or indirectly controlling or controlled by or under direct or
indirect common control with such obligor, shall be disregarded, except that for the purposes of
determining whether the Bank shall be protected in relying on any such direction only Refunded
Obligations which the Bank knows are so owned shall be so disregarded.
The term "Responsible Officers" of the Bank, as used in this Agreement, shall mean and
include the Chairman of the Board of Directors, the President, any Vice President and any
Second Vice President, the Secretary and any Assistant Secretary, the Treasurer and any
Assistant Treasurer, and every other officer and assistant· officer of the Bank customarily
performing functions similar to those performed by the persons who at the time shall be officers,
respectively, or to whom any corporate trust matter is referred, because of his knowledge of and
familiarity with a particular subject; and the term "Responsible Officer'' of the Bank, as used in
this Agreement, shall mean and include any of said officers or persons.
SECTION 18: Limitation Re: Bank's Duties/Resoonsibilities/Liabilities to Third Parties.
The Bank shall not be responsible or liable to any person in any manner whatever for the
sufficiency, correctness, genuineness, effectiveness, or validity of this Agreement with respect
to the City, or for the identity or authority of any person making or executing this Agreement for
and on behalf of the City. The Bank is authorized by the City to rely upon the representations
of the City with respect to this Agreement and the deposits made pursuant hereto and as to the
City's right and power to execute and deliver this Agreement, and the Bank shall not be liable
in any manner as a result of such reliance. The duty of the Bank hereunder shall only be to the
City and the holders of the Refunded Obligations. Neither the City nor the Bank shall assign or
attempt to assign or transfer any interest hereunder or any portion of any such interest.· Any
751962.1 -8-
liXHJBIT C
such assignment_ or attempted assignment shall be in direct conflict with this Agreement and be
without effect
SECTION 19: Interpleader. In the event conflicting demands or notices are made upon
the Bar'k grov.nng out of or relating to this Agreement or the Bank in good faith is in doubt as to
what action should be taken hereunder, the Bank shall have the right at its election to:
(a) Withhold and stop all further proceedings in, and performance of, this
Agreement with respect to the issue in question and of all instructions received
hereunder in regard to such issue; and
(b) File a suit in interpleader and obtain an order from a court of
appropriate jurisdiction requiring all persons involved to interplead and litigate in
such court their several claims and rights among themselves.
In the event the Bank becomes involved in litigation in connection with this Section, the
City, to the extent permitted by law, agrees to indemnify and save the Bank harmless from all
loss, cost, damages, expenses and attorney fees suffered or incurred by the Bank as a result
thereof. The obligations of the Bank under this Agreement shall be performable at the corporate
office of the Bank in the City of Minneapolis, Minnesota.
The Bank may advise with legal counsel in the event of any dispute or question regarding
the construction of any of the provisions hereof or its duties hereunder, and in the absence of
negligence or bad faith on the part of the Bank, no liability shall be incurred by the Bank for any
action taken pursuant to this Section and the Bank shall be fully protected in acting in
accordance with the opinion and instructions of legal counsel that is knowledgeable and has
expertise in the field of law addressed in any such legal opinion or with respect to the instructions
given.
SECTION 20: Accounting-Annual Report. Promptly after September 30th of each year,
commencing with the year 1999, while the Escrow Fund is maintained under this Agreement, the
Bank shall forward to the City, to the attention of the Managing Director of Finance, or other
designated official of the City, a statement in detail of the Federal Securities and monies held,
and the current income and maturities thereof, and the withdrawals of money from the Escrow
Fund for the preceding 12 month period ending September 30th of each year.
SECTION 21: Notices. Any notice, authorization, request or demand required or
permitted to be given hereunder shall be in writing and shall be deemed to have been duly given
when mailed by registered or certified mail, postage prepaid addressed as follows:
751962.1
CITY OF LUBBOCK, TEXAS
P. 0. Box 2000
Lubbock, Texas79457
Attention: Managing Director of Finance
-9-
UHIBJT C
NORWEST BANK TEXAS, NATIONAL ASSOCIATION
6th and Marquette Avenue
Minneapolis, Minnesota 55479-0113
Attention: Corporate Trust Department
The United States Post Office registered or certified mail receipt showing delivery of the
aforesaid shall be conclusive evidence of the date and fact of delivery.
Any party hereto may change the address to which notices are to be delivered by giving
to the other parties not less than ten (10) days prior notice thereof.
SECTION 22: Performance Date. Whenever under the terms of this Agreement the
performance date of any provision hereof, including the date of maturity of interest on or principal
of the Refunded Obligations, shall be a Sunday or a legal holiday or a day on which the Bank
is authorized by law to close, then the performance thereof, including the payment of principal
of and interest on the Refunded Obligations, need not be made on such date but may be
performed or paid, as the case may be, on the next succeeding business day of the Bank with
the same force and effect as if made on the date of performance or payment and with respect
to a payment, no interest shall accrue for the period after such date.
SECTION 23: Warranty of Parties Re: Power to Execute and Deliver Escrow Agreement.
The City covenants that it will faithfully perform at all times any and all covenants, undertakings,
stipulations and provisions contained in this Agreement, In any and every said Refunded
Obligation as executed, authenticated and delivered and in all proceedings pertaining thereto
as said Refunded Obligations shall have been modified as provided in this Agreement. The City
covenants that it is duly authorized under the Constitution and laws of the State of Texas to
execute and deliver this Agreement, that all actions on its part for the payment of said Refunded
Obligations as provided herein and the execution and delivery of this Agreement have been duly
and effectively taken and that said Refunded Obligations and coupons in the hands of the
holders and owners thereof are and will be valid and enforceable obligations of the City
according to the import thereof as provided in this Agreement.
SECTION 24: Severabilitv. If any one or more of the covenants or agreements provided
in this Agreement on the part of the parties to be performed should be determined by a court of
competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and
construed to be severable from the remaining covenants and agreements herein contained and
shall in no way affect the validity of the remaining provisions of this Agreement. In the event any
covenant or agreement contained in this Agreement is declared to be severable from the other
provisions of this Agreement, written notice of such event shall immediately be given to each
national rating service (Moody's Investors Service, Standard & Poor's Corporation or Fitch
Investors Service) which has rated the Refunded Obligations on the basis of this Agreement.
SECTION 25: Termination. This Agreement shall terminate when the Refunded
Obligations, including interest due thereon, have been paid and discharged in accordance with
751962.1 -10-
EXHIBIT C
the provisions of .this Agreement. If any Refunded Obligations are not presented for payment
when due and payable, the nonpayment thereof shall not prevent the termination of this
Agreement. Funds for the payment of any nonpresented Refunded Obligations and accrued
interest thereon shall upon termination of this Agreement be held by the Bank for such purpose
in accordance with Section 7 hereof. Any moneys or Federal Securities held in the Escrow Fund
at termination and not needed for the payment of the principal of or interest on any of the
Refunded Obligations shall be paid or transferred to the City.
SECTION 26: Time of the Essence. Time shall be of the essence in. the performance
of obligations from time to time imposed upon the Bank by this Agreement
SECTION 27: Successors/Assigns. (a) Should the Bank not be able to legally serve or
perform the duties and obligations under this Agreement, or should the Bank be declared to be
insolvent or closed for any reason by federal or state regulatory authorities or a court of
competent jurisdiction, the City, upon being notified or discovering the Bank's inability or
disqualification to serve hereunder, shall forthwith appoint a successor to replace the Bank, and
upon being notified of such appointment, the Bank shall (i) transfer all funds and securities held
hereunder, together with all books, records and accounts relating to the Escrow Fund and the
Refunded Obligations, to such successor and (ii) assign all rights, duties and obligations under
this Agreement to such successor. If the City should fail to appoint such a successor within
ninety (90) days from the date the City discovers, or is notified of, the event or circumstance
causing the Bank's inability or disqualification to serve hereunder, the Bank, or a bondholder of
the Refunded Obligations, may apply to a court of competent jurisdiction to appoint a successor
or assigns of the Bank and such court, upon determining the Bank is unable to continue to serve,
shall appoint a successor to serve under this Agreement and the amount of compensation, if
any, to be paid to such successor for the remainder of the term of this Agreement for services
to be rendered both for administering the Escrow Fund and for paying agent duties and
responsibilities for the Refunded Obligations.
(b) Furthermore, the Bank may resign and be discharged from performing its duties and
responsibilities under this Agreement upon notifying the City in writing of its intention to resign
and requesting the City to appoint a successor. No such resignation shall take effect until a
successor has been appointed by the City and such successor has accepted such appointment
and agreed to perform all duties and obligations hereunder for a total compensation equal to the
unearned proportional amount paid the Bank under Section 16 hereof for the administration of
this Agreement and the unearned proportional amount of the paying agents fees for the
Refunded Obligations due the Bank.
Any successor to the Bank shall be a bank, trust company or other financial institution
that is duly qualified under applicable law (the Act or other appropriate statute) to serve as
escrow agent hereunder and authorized and empowered to perform the duties and obligations
contemplated by this Agreement and organized and doing business under the laws of the United
States or the State of Texas, having its principal office and place of business in the State of
Texas, having a combined capital and surplus of at least $5,000,000 and be subject to the
supervision or examination by Federal or State authority.
75196.2.1 -ll-
'EXHIBIT C
Any su~ssor or assigns to the Bank shall execute, acknowledge and deliver to the City
and the Bank, or its successor or assigns, an Instrument accepting such appointment hereunder,
and the Bank shall execute and deliver an instrument transferring to such successor, subject to
the terms of this Agreement, all the rights, powers and trusts created and established and to be
performed under this Agreement. Upon the request of any such successor Bank, the City shall
execute any and all instruments in writing for more fully and certainty vesting in and confirming
to such successor Bank all such rights, powers and duties. The term "Bank" as used herein shall
be the Bank and its legal assigns and successor hereunder.
SECTION 28: Escrow Agreement-Amendment/Modification. This Agreement shall be
binding upon the City and the Bank and their respective successors and legal representatives
and shall inure solely to the benefit of the holders of the Refunded Obligations, the City, the
Bank and their respective successors and legal representatives. Furthermore, no alteration,
amendment or modification of any provision of this Agreement shall (1) alter the firm financial
arrangements made for the payment of the Refunded Obligations or (2) be effective unless (i)
prior written consent of such alteration, amendment or modification shall have been obtained
from the holders of all Refunded Obligations outstanding at the time of such alteration,
amendment or modification and (ii) such alteration, amendment or modification is in writing and
signed by the parties hereto; provided, however, the City and the Bank may, without the consent
of the holders of the Refunded Obligations, amend or modify the terms and provisions of this
Agreement to cure in a manner not adverse to the holders of the Refunded Obligations any
ambiguity, formal defect or omission in this Agreement. If the parties hereto agree to any
amendment or modification to this Agreement, prior written notice of such amendment or
proposed modification, together with the legal documents amending or modifying this
Agreement, shall be fumished to each national rating service (Standard & Poor's Corporation,
Moody's Investors Service or Fitch Investors Service) which has rated the Refunded Obligations
on the basis of this Agreement, prior to such amendment or modification being executed.
SECTION 29: Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof.
SECTION 30: Executed Counterparts. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes as one original and shall
constitute and be but one and the same instrument. This Agreement shall be govemed by the
laws of the State of Texas and shall be effective as of the date of the delivery of the Bonds.
751962.1 -12-
EXHJBJT C
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed by their duly authorized officers and their corporate seals to be hereunto affiXed and
attested as of the date first above written.
ATTEST:
City Secretary
(City Seal)
ATTEST:
Authorized Signer
(Bank Seal)
761962.1
CllY OF LUBBOCK, TEXAS
Mayor
NORWEST BANK TEXAS,
NATIONAL ASSOCIATION,
as Escrow Agent
Title:--------------
-13-
•U\-\\~\1 c
EXHIBITD
NOTICE OF REDEMPTION
CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 1991
DATED MAY 15, 1991
NOTICE IS HEREBY GIVEN that all bonds of the above series maturing on February 15,
2002, 2010 and 2011 and aggregating in principal amount $300,000 have been called for
redemption on February 15, 2001 at the redemption price of par and accrued interest to the date
of redemption, such bonds being Identified as follows:
Year of
Maturity
2002
2010
2011
Principal Amount
Outstanding
$100,000
100,000
100,000
ALL SUCH BONDS shall become due and payable on February 15, 2001, and interest
thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said bonds shall be paid to the registered owners of the bonds only upon
presentation and surrender of such bonds to Norwest Bank Texas, National Association
(successor paying agent/registrar to Texas Commerce Bank National Association, Lubbock,
Texas).
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for -
the redemption of said bonds and pursuant to an ordinance by the City Council of the City of
Lubbock, Texas.
745670.1
NORWEST BANK TEXAS,
NATIONAL ASSOCIATION
Address: 6th and Marquette Avenue
Minneapolis, MN 55479-1113
EXHIBIT E
NOTICE OF REDEMPTION
CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND
WATERWORKS SYSTEM SUBORDINATE LIEN REVENUE
CERTIFICATES OF OBLIGATION
SERIES 1991
DATED MAY 15, 1991
NOTICE IS HEREBY GIVEN that all certificates of obligation of the above series
maturing on February 15, 2002, 2010 and 2011 and aggregating in principal amount $2,425,000
have been called for redemption on February 15, 2001 at the redemption price of par and
accrued interest to the date of redemption, such certificates of obligation being identified as
follows:
Year of
Maturity
2002
2010
2011
Principal Amount
Outstanding
$805,000
810,000
810,000
ALL SUCH CERTIFICATES OF OBLIGATION shall become due and payable on
February 15,2001, and interest thereon shall cease to accrue from and after said redemption
date and payment of the redemption price of said certificates of obligation shall be paid to the
registered owners of the certificates of obligation only upon presentation and surrender of such
certificates to Norwest Bank Texas, National Association (successor paying agent/registrar to
Texas Commerce Bank National Association, Lubbock, Texas).
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of Lubbock, Texas.
745670.1
NORWEST BANK TEXAS,
NATIONAL ASSOCIATION
Address: 6111 and Marquette Avenue
Minneapolis, MN 55479-1113
EXHIBIT F
NOTICE OF REDEMPTION
CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND EXHIBITION HALUAUDITORIUM
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION
SERIES 1991
DATED MAY 15, 1991
NOTICE IS HEREBY GIVEN that all certificates of obligation of the above series
maturing on February 15, 2002, 2010 and 2011 and aggregating In principal amount $610,000
have been called for redemption on February 15, 2001 at the redemption price of par and
accrued Interest to the date of redemption, such certificates of obligation being identified as
follows:
Year of
Maturity
2002
2010
2011
Principal Amount
Outstanding
$200,000
205,000
205,000
ALL SUCH CERTIFICATES OF OBLIGATION shall become due and payable on
February 15, 2001, and interest thereon shall cease to accrue from and after said redemption
date and payment of the redemption price of said certificates of obligation shall be paid to the
registered owners of the certificates of obligation only upon presentation and surrender of such
certificates to Norwest Bank Texas, National Association (successor paying agent/registrar to
Texas Commerce Bank National Association, Lubbock, Texas).
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of Lubbock, Texas.
745670.1
NORWEST BANK TEXAS,
NATIONAL ASSOCIATION
Address: atn and Marquette Avenue
Minneapolis, MN 55479-1113
EXHIBITG
NOTICE OF REDEMPTION
CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN
REVENUE CERTIFICATES OF OBLIGATION
SERIES 1991
DATED NOVEMBER 15, 1991
NOTICE IS HEREBY GIVEN that all certificates of obligation of the above series
maturing on and after February 15, 2003 aggregating in principal amount $850,000 have been
called for redemption on February 15, 2002 at the redemption price of par and accrued interest
to the date of redemption, such certificates of obligation being identified as follows:
Year of
MaturitY
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Principal Amount
Outstanding
$65,000
85,000
85,000
85,000
85,000
85,000
65,000
85,000
85,000
85,000
ALL SUCH CERTIFICATES OF OBLIGATION shall become due and payable on
February 15, 2002, and interest thereon shall cease to accrue from and after said redemption
date and payment of the redemption price of said certificates of obligation shall be paid to the
registered owners of the certificates of obligation only upon presentation and surrender of such
certificates to Noi'INest Bank Texas, National Association (successor paying agent/registrar to
Texas Commerce Bank National Association, Lubbock, Texas).
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of Lubbock, Texas.
745670.1
NORWEST BANK TEXAS,
NATIONAL ASSOCIATION
Address: 6th and Marquette Avenue
Minneapolis, MN 55479-1113
EXHIBITH
NOTICE OF REDEMPTION
CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN
REVENUE CERTIFICATES OF OBLIGATION
SERIES 1992
DATED MAY 15, 1992
NOTICE IS HEREBY GIVEN that all certificates of obligation of the above series
maturing on and after February 15, 2006, and aggregating In principal amount $15,545,000 have
been called for redemption on February 15, 2004 at the redemption price of par and accrued
interest to the date of redemption, such certificates of obligation being identified as follows:
Year of
Maturitv
2006
2007
2008
2009
2010
2011
2012
2013
2014
Principal Amount
Outstanding
$1,725,000
1,725,000
1,725,000
1,725,000
1,725,000
1,730,000
1,730,000
1,730,000
1,730,000
ALL SUCH CERTIFICATES OF OBLIGATION shall become due and payable on
February 15, 2004, and interest thereon shall cease to accrue from and after said redemption
date and payment of the redemption price of said certificates of obligation shall be paid to the
registered owners of the certificates of obligation only upon presentation and surrender of such
certificates to Norwest Bank Texas, National Association (successor paying agent/registrar to
Texas Commerce Bank National Association, Lubbock, Texas).
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of Lubbock, Texas.
745670.1
NORWEST BANK TEXAS,
NATIONAL ASSOCIATION
Address: 6th and Marquette Avenue
Minneapolis, MN 55479-1113
Exhibit I
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 31 of this Ordinance.
Annual Financial Statements and Operating Data
The financial Information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
1. The financial statements of the City appended to the Official Statement
as Appendix 8, but for the most recently concluded fiscal year.
2. The information under Tables 1 through 6, SA through 20.
Accounting Principles
The accounting principles referred to in such Section are the generally accepted
accounting principles as applicable to governmental units as prescribed by The Government
Accounting Standards Board.
745670.1
OFFICIAL STATEMENT
Dated January 28, 1999
NEW ISSUE -Book-Entry-Only
Ratings:
Moody's: "Aa2"
S&P: "AA"
Fitch: "AA"
See ("Other Information -
Ratings" herein)
In the opinion of Bond Counsel, interest on the Bonds will be excludable from gross income for federal income tax purposes
under existing law, subject to the matters described under "Tax Exemption" herein, including the alternative minimum tax on
corporations.
THE BONDS WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPr OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS
$20,835,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1999
/0/37
Dated Date: January 15, 1999 Due: February 15, as shown on inside cover
PAYMENT TERMS •• .Interest on the $20,83S,OOO City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1999 (the "Bonds")
will accrue from January IS, 1999, (the "Dated Date") and will be payable August IS and February IS of each year commencing August lS,
1999, and will be calculated on the basis of a 360-day year consisting of twelve 30-day months. The definitive Bonds will be initially registered
and delivered only to Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-Entry-Only System described
herein. Beneficial ownership of the Bonds may be acquired in denominations of$5,000 or integral multiples thereof. No physical delivery of
tbe Bonds will be made to tbe owners tbereor. Principal of, premium, if any, and interest on the Bonds will be payable by the Paying
Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent
payment to the beneficial owners of the Bonds. See "The Obligations-Book-Entry-Only System" herein. The initial Paying Agent/Registrar is
Chase Bank ofTexas, National Association, Austin, Texas (see "The Obligations -Paying Agent/Registrar").
AUTHORITY FOR IssUANCE .•• The Bonds are issued pursuant to the Constitution and general laws of the State of Texas, (the "State")
including particui!U'IY Article 717k, Vernon's Annotated Texas Civil Statutes ("VATCS"), as amended, and are direct obligations of the City of
Lubbock, Texas (the "City"), payable from a continuing ad valorem tax levied on all taxable property within the City, within the limits
prescribed by law, as provided in the ordinance authorizing the Bonds (see "The Obligations-Authority for Issuance").
PURPOSE .•• Proceeds from the sale of the Bonds will be used to advance refund a portion of the City's outstanding debt, consisting of
$610,000 Combination Tax & Exhibition Hall/Auditorium (Limited Pledge) Certificates of Obligation, Series 1991; $2,425,000 Combination
Tax & Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1991; $300,000 General Obligation Bonds, Series
1991; S8SO,OOO Combination Tax & Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1991; and $15,545,000
Combination Tax & Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1992 (collectively, the "Refunded
Obligations") in order to lower the overall debt service requirements of the City, and to pay the costs associated with the issuance of the Bonds.
SEI; MATUIUTY Scm:DUU: AND lb:DEMP'nON PROVISIONS ON THE lb:VERSE OF Tms PAGE
SEPARATE IssUES ••• The Bonds are being offered by the City concmrently with, and under a common Official Statement for, the City's Tax
and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1999 (together with the Bonds, the "Obligations"). The
Obligations are separate and distinct securities offerings and investors should note that, while the Obligations share certain attributes, th~ rights
of the holders of each series of the Obligations and the remedies relating to each ·series are independent and separate with respect to each
series.
LEGALI1Y ••• The Bonds are offered for delivery when, as and if issued and received by the Underwriters and subject to the approving
opinion of the Attorney General of Texas and the opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, Bond Counsel (see Appendix C,
"Form of Bond Counsel's Opinion"). Certain legal matters will be passed upon for the Underwriters by McCall, Parkhurst & Horton L.L.P.,
Dallas, Texas, Counsel for the Underwriters.
DELIVERY ..• lt is expected that the Bonds will be available for delivery through The Depository Trust Company on March 4, 1999.
MORGAN KEEGAN & Co., INC. ESTRADA HINOJOSA & COMPANY, INc.
NATIONSBANC MONTGOMERY SECURIDES LLC SIEBERT BRAND FORD SHANK & Co., LLC
MATURITY SCHEDULE
Maturity Price or Maturity Price or
Amount (Februazy IS) Rate Yield Amount (February 1 5) Rate Yield
s 140,000 2000 4.00% 3.10% s 1,895,000 2008 4.100/o 4.15%
145,000 2001 4.00% 3.45% 1,870,000 2009 4.20% 4.25%
1,245,000 2002 4.00% 3.65% 2,960,000 2010 4.30% 4.35%
215,000 2003 4.00% 3.80% 2,930,000 2011 4.45% 4.50%
220,000 2004 4.00% 3.900/o 1,785,000 2012 4.55% 4.60%
220,000 2005 4.00% 3.95% 1,685,000 2013 4.65% 4.70%
1,940,000 2006 4.00% 4.05% 1,670,000 2014 4.70% 4.75%
1,915,000 2007 4.00% 4.10%
OPTIONAL REDEMPTION ••• The City reserves the right, at its option, to redeem Bonds having stated maturities on and after
February 15, 2010, in whole or in part in principal amounts of$5,000 or any integral multiple thereof, on February 15, 2009, or
any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Obligations -Optional
Redemption").
2
omCIAL STATEMENT
Dated January 28, 1999
NEW ISSUE-Book-Entry-only
Ratings:
Moody's: "Aal"
S&P: "AA"
Fitch: "AA"
See ("Other Information
Ratings" herein)
In the opinion of Bond Counsel, interest on the Certificates will be excludable &om gross income for federal income tax
purposes under existing law, subject to the matters described under "Tax Exemption" herein, including the alternative minimum
tax on corporations. ·
1liE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITIITJONS
$15,355,000 .
CITY OF LUBBOCK, TEXAS
(Lubbock County)
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1999
Dated Date: January IS, 1999 Due: February IS, as shown on Inside cover
PAYMENT TERMS .•. Interest on the $1S,35S,OOO City of Lubbock, Texas, Tax and Waterworlcs System (Limited Pledge)
Revenue Certificates of Obligation, Series 1999 (the "Certificates") will accrue &om January IS, 1999, (the "Dated Date") and
will be payable August IS and February IS of each year commencing August IS, 1999, and will be «::alculated on the basis of a
360-da.y year consisting of twelve 30-day months. The definitive Certificates will be initially registered and delivered only to
Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-Entry-Only System described
herein. Beneficial ownership of the Certificates may be acquired in denominations of$S,OOO or integral multiples thereof. No
physical delivery oftbe Certificates wiD be made to the owlien thereof. Principal of, premium, if any, and interest on the
Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to
the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "The Obligations -
Book-Entry-Only System" herein. The initial Paying Agent/Registrar is Chase Bank of Texas, National Association, Austin,
Texas (see "The Obligations-Paying Agent/Registrar").
AtrmORm' FOR ISsUANCE ••• The Certificates are issued pursuant to the Constitution and general laws of the State of Texas,
(the "State") particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of
1971), as amended, and constitute direct obligations of the City of Lubbock, Texas (the "City"), payable from a combination of
(i) the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property
within the City, and (ii) a limited pledge (not to exceed $SOO) of surplus net revenues of the City's Waterworks System, as
provided in the ordinance authorizing the Certificates(~ "The Obligations -Authority for Issuance").
PuRPosE ••. Proceeds from the sale of the Certificates wiD be used for (I) improvements to the City's Waterworks System. (2)
improvements to the City's Sewer System and (3) payment of costs associated with issuance of the Certificates.
SEPARATE IssuEs ... The Certificates are being offered by the City concurrently with, and under a common Official Statement
for, the City's General Obligation Refunding Bonds, Series 1999 (together with the Certificates, the "Obligations"). The
Obligations are separate and distinct securities offerings and investors should note that, while the Obligations share certain
attributes, the rights of the holders of each series ofthe Obligations and the remedies relating to each series are independent and
separate with respect to each series.
LEGALITY ••• The Certificates are offered for delivery when, as and if issued and received by the Underwriters and subject to
the approving opinion of the Attorney General of Texas and the opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, Bood
Counsel (see Appendix C, "Form of Bond Counsel's Opinion"). Certain legal matters wiD be passed upon for the Underwriters
by McCall. Parkhurst & Horton L.L.P., Dallas, Texas, Counsel for the Underwriters.
DELIVERY ••• It is expected that the Certificates will be available for delivery through The Depository Trust Company on March
4, 1999.
MORGAN KEEGAN & Co., INC. ESTRADA HINOJOSA & COMPANY, INC.
NATIONSBANC MONTGOMERY SECUR.lTIES LLC SIEBERT BRAND FORD SHANK & Co., LLC
MATURITY SCHEDULE
Maturity Price or Maturity Price or
Amount (February 15) Rate Yield Amount (February 15) Rate Yield
s 170,000 2000 4.00% 3.20% s 170,000 2010 4.35% 4.40%
770,000 2001 4.00% 3.50% 765,000 20ll 4.45% 4.50%
170,000 2002 4.00% 3.70% 765,000 2012 4.55% 4.60"/o
770,000 2003 4.00% 3.80% 765,000 2013 4.65% 4.700/o
770,000 2004 4.000/o 3.90% 765,000 2014 4.75% 4.80%
770,000 2005 4.00% 3.95% 765,000 2015 4.800/o 4.85%
770,000 2006 4.00% 4.05% 765,000 2016 4.85% 4.90%
770,000 2007 4.00% 4.10% 765,000 2017 4.90"/o 4.95%
770,000 2008 4.10% 4.18% 765,000 2018 5.000/o 5.000/o
770,000 2009 4.25% 4.25% 765,000 2019 5.00% 5.05%
(Accrued Interest from January 15, 1999 to be added)
OPTIONAL REDEMPTION .•. The City reserves the right, at its option, to redeem Certificates having stated maturities on and after
February 15, 2010, in whole or in part in principal amounts of$5,000 or any integral multiple thereof, on February 15, 2009, or
any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Obligations -Optional
Redemption").
4
No dealer, brolru, salesman or otlrer person has been authorized by tire City or tire Underwriten to give any iT(ormtJtion, or to malrE
any representations otlrer tJu:m tlwse contained in this Official Statement, and. if given or made. such otlrer iT(ormtJtion or
representations must not be relied upon as having been authorized by tire City or tire Underwriters. This Official Statement does not
constitute an offer to sell Obligations in any jurisdiction to any penon to whom it is unlawful to make such offer in such jurisdiction.
Certain iT(ormation set forth lrerein has been obtained from tire City and other sources which are believed to be reliable but is not
guaranteed as to accuracy or completeness, and is not to be construed as a representatio.n by tire Financial Advisor. Any
informtJtion and expressions of opinion lrerein contained are subject to change without notice, and neitlrer the delivery of this
Official Statement nor any sale made lrereunder shall, under any circumstances, create any implication that tlrere has been no
change in tire affairs of tire City or otlrer matten described lrerein since tire ddte lrereof. See "Continuing Disclosure of
IT(ormation" Ire rein jor a description of tire City's agreement to make periodic filings to update certain i'lformation contained in
this Official Statement.
IN CONNECTION WITH THE OFFERING OF THE OBLIGATIONS. THE UNDERWRITERS MAY OVER-ALLOT OR EFFECT
TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICES OF THE OBLIGATIONS AT A LEVEL ABOVE
THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE
DISCONTINUED AT ANYTIME.
TABLE OF CONTENTS
OFFICIAL STATEMENT SUMMARY ......................... 6
CITY OFFICIALS, STAFF AND CONSULTANTS ..... 9
ELECTED OFFICIALS .................................................... 9
SELECTED ADMINISTRATIVE STAFF ............................. 9
CoNSULTANTS AND ADVISORS .................................... 9
INTRODUCTION .......................................................... 10
PLAN OF FINANCING ................................................. 10
TAX INFORMATION ................................................... 17
TABLE I • VALUATION, EXEMPTIONS AND GENERAL
OBUGATION DEBT .......................................... 20
TABLE 2 • TAXABLE AsSESSED VALUATIONS BY
CATEGORY ...................................................... 21
TABLE 3A • VALUATION AND GENERAL 0BUGATION
DEBT HisToRY ................................................ 23
TABLE 3B -DERIVATION OF GENERAL PuRPosE
FuNDED TAX DEBT ......................................... 23
TABLE4 -TAX RATE, LEVY ANDCOu.EcnON
HlsTORY ......................................................... 23
TABLES • TENLARGESTTAXPAYERS ..................... 24
TABLE6 • TAX ADEQUACY .................................... 24
TABLE 7 -EsTIMATED OVERLAPPING DEBT ............ 2S
DEBT INFORMATION ................................................. 2S
TABLE 8A • GENERAL 0BUGATION DEBT SERVICE
REQUIREMENTS ............................................... 26
TABLE8B • DMSIONOFDEBTSERVICE
REQUIREMENTS ............................................... 26
TABLE 9 • INTEREST AND SINKING FuND BUDGET
PROJECTION .................................................... 27
TABLE 10 • COMPUTATION OF SELF-SUPPORTING
DEBT .............................................................. 29
TABLE 1 I • AumOR.IZED Bur UNISSUED GENERAL
0BUGATION BoNDS ........................................ 30
TABLE 12 • OniER.OBUGATIONS ............................. 30
FINANCIAL INFORI\IA TION ..................................... 32
TABLE 13 -GENERAL FuND REVENUES AND
EXPENDrnJJUl HISTORY ................................... 32
TABLE 14 ·MUNICIPAL SALES TAX HisTORY ......... 33
CAPITAL PROJECTS PROGRAM ................................... 33
TABLE 1 S • CURlu!NT INvESTMENTs ........................ 36
5
THE SYSTEMS ................... , .......................................... 37
WATERWORKS SYSTEM ............................................ 37
TABLE 16 • MON'JlD.,Y WATER RATES .................... 39
TABLE 17 -HISTORICAL WATER CONSUMPTION ....... 39
TABLE 18 -WATERWORKS SYSTEM CONDENSED
STATEMENT OF OPERATIONS ........................... 40
SEWER SYSTEM ........................................................ 40
TABLE 19 • MON'JlD.,Y SEWER RATES ...................... 41
TABLE 20 • SEWER SYSTEM CoNDENSED STATEMENT
OF OPERATIONS ......................................... : .... 41
TAX MATTERS ............................................................ 43
CONTINUING DISCLOSURE OF INFORI\IA TION 4S
OTHERINFORI\IATION ............................................. 47
RATINGS ............................... \ .................................. 47
LmGATION .............................................................. 47
REGISTRATION AND QUALIFICATION OF 0BUGATIONS
FORSALE ........................................................ 47
LEGAL INVESTMENTS AND EUGIBIUTY TO SECURE
PuBuc FuNDs IN TExAs ................................. 47
LEGAL OPINIONS ...................................................... 47
YEAR 2000 ISSUE .................................................... 48
FINANCIAL ADVISOR ................................................ 49
VERIFICATION OF ARmiMETICAL AND MAniEMATICAL
COMPUTATIONS .............................................. 49
UNDERWRITING ....................................................... 49
MISCELLANEOUS ...................................................... 49
SCHEDULEOFREFUNDED
BONDS ................................................ SCHEDULE I
APPENDICES
GENERAL INFORMATION REGARDING 1HE CITY ......... A
ExCERPTS FROM 1HE ANNuAL FINANCIAL REPoRT.. B
FORMS OF BOND COUNSEL'S OPINIONS.................... C
The cover page hereof, this page, the appendices included
herein and any addenda, supplement or amendment hereto,
are part of the Official Statement
OFFICIAL STATEMENT SUMMARY
This summary is subject in all respects to the more complete infonnation and definitions contained or"incorporated in this
Official Statement The offering of the Bonds and the Certificates (collectively the "Obligations") to potential investors is made
only by means of this entire Official Statement. No person is authorized to detach this summary from this Official Statement or
to otherwise use it without the entire Official Statement.
THECITY ..................................... The City of Lubbock, County Seat of Lubbock County, is a political subdivision and
municipal corporation of the State, located in Lubbock County, Texas. The City covers
approximately 104 square miles and has an estimated 1998 population of 196,679 (see
"Introduction • Description of City").
THE OBLIGATIONS ....................... The Bonds are issued as $20,835,000 General Obligation Refunding Bonds, Series 1999. The
Bonds are issued as serial bonds maturing February 15, 2000 through February 15, 2014 (see
"The Obligations· Description of the Obligations").
The Certificates are issued as $15,355,000 Tax and Waterworks System (Limited Pledge)
Revenue Certificates of Obligation, Series 1999. The Certificates are issued as serial
certificates maturing February 15, 2000 through February 15, 2019 (see "The Obligations·
Description of the Obligations").
PAYMENTOFINTEREST .............. Interest on the Obligations accrues from January 15, 1999, and is payable August 15, 1999,
and each February 15 and August 15 thereafter until maturity or prior redemption (see "The
Obligations-Description of the Obligations" and "The Obligations· Optional Redemption").
AUTHORITY FOR IssUANCE.......... The Bonds are issued pursuant to the general laws of the State, including particularly Article
717k, VATCS, and a Bond Ordinance passed by the City Council of the City (see "The
Obligations -Authority for Issuance").
SECURITY FOR THE
The Certificates are issued pursuant to the general laws of the State of Texas, particularly
Subchapter C of Chapter 271, Texas Local Government Code (the Certificates of Obligation
Act of 1971), as amended, and a Certificate Ordinance passed by the City Council of the City
(see "The Obligations· Authority for Issuance").
OBLIGATIOI\'S .............................. The Bonds constitute direct obligations of the City, payable from the levy and collection of a
direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable
property located within the City (see "The Obligations-Security and Source of Payment").
The Certificates constitute direct obligations of the City, payable from a combination of ( i) the
levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by
law, on all taxable property within the City, and (ii) a limited pledge (not to exceed $500) of
surplus net revenues. of the City's Waterworks System (see "The Obligations • Security and
Source of Payment").
REDEMPTION............................... The City reserves the right, at its option, to redeem Obligations having stated maturities on
and after February 15, 2010, in whole or in part in principal amounts of $5,000 or any
integral multiple thereof, on February 15, 2009, or any date thereafter, at the par value thereof
plus accrued interest to the date of redemption (see "The Obligations -Optional
Redemption").
TAX EXEMPTION.......................... In the opinion of Bond Counsel, the interest on the Obligations will be excludable from gross
income for federal income tax purposes under existing law, subject to the matters described
under the caption "Tax Matters" herein, including the alternative minimum tax on
corporations.
6
UsEOFPROCEEDS ....................... Proceeds from the sale of the Bonds will be used to advance refund a portion of the City's
outstanding debt, consisting of $610,000 Combination Tax & Exhibition Hall/Auditorium
(Limited Pledge) Certificates of Obligation, Series 1991; $2,42.5,000 Combination Tax &
Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1991;
$300,000 General Obligation Bonds, Series 1991; $8.50,000 Combination Tax & Sewer
System Subordinate Lien Revenue Certificates of Obligation, Series 1991; and $1.5,.54.5,000
Combination Tax & Sewer System Subordinate Lien Revenue Certificates of Obligation,
Series 1992, in order to lower the overall debt service requirements of the City, and to pay the
costs associated with the issuance of the Bonds.
Proceeds from the sale of the Certificates will be used for (I) improvements to the City's
Waterworks System, (2) improvements to the City's Sewer System and (3) payment of costs
associated with the issuance of the Certificates.
RATINGS ..................................... The Obligations have been rated "Aa2". by Moody's Investors Service, Inc. ("Moody's"),
"AA" by Standard & Poor's Ratings Services, A Division of The McGraw-Hill Companies,
Inc. ("S&P") and "AA by Fitch ffiCA, Inc. ("Fitch"). The City also has one tax-supported
issue outstanding that is rated "Aaa" by Moody's and "AAA" by S&P through insurance by a
commercial insurance company (see "Other Information-Ratings").
BooK-ENTRY-ONLY SYsTEM...................................... The defmitive Obligations will be initially registered and delivered only to Cede & Co., the
nominee of DTC pursuant to the Book-i::ntry-Only System described herein. Beneficial
ownership of the Obligations may be acquired in denominations of $.5,000 or integral
multiples thereof. No physical delivery of the Obligations will be made to the beneficial
owners thereof. Principal of, premium, if any, and interest on the Obligations will be payable
by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so
paid to the participating members ofDTC for subsequent payment to the beneficial owners of
the Obligations (see "The Obligations-Book-Entry-Only System") .
PAYMENT RECORD...................... The City has never defaulted in the payment of its tax-supported debt.
7
SELECfED FINANCIAL INFORMATION
Ratio
General
Purpose
Per Capita Funded
Fiscal Per Capita General General Tax Debt
Year Taxable Taxable Purpose Purpose to Taxable
Ended Estimated Assessed Assessed Funded Funded Assessed
9/30 Population < 1 > Valuation Valuation Tax Debt (2) Tax Debt Valuation
1994 190,038 $ 4,910,763,048 $ 25,841 $ 55,909,058 $ 294 1.14%
1995 191,020 5,087,312,020 26,632 58,085,015 304 1.14%
1996 193,064 5,399,356,462 27,967 67,438,562 349 1.25%
1997 195,367 5,567,072,641 28,495 61,728,036 316 1.11%
1998 196,679 5,830,249,173 29,643 57,156,101 291 0.98%
1999 197,117 (3) 6,019,588,349 30,538 51,222,980 (4) 260 (4) 0.85% (4)
(1) Source: The City of Lubbock, Texas.
(2) Does not include self-supporting debt (see "Table 3B-Derivation of General Purpose Funded Tax Debt").
(3) No official estimate has yet been made for 1999; this figure used for illustration only.
( 4) Projected; includes the Obligations, excludes the Refunded Obligations.
( 5) In process of collection.
Fund Balance at Beginning of Year
Total Revenues and Transfers
Total Expenditures and Transfers
Fund Balance at End of Year
Less: Reserves and Designations
Undesignated Fund Balance
GENERAL FuND CONSOLIDATED STATEMENT SUMMARY
1998
$ 18,472,903
83,556,685
83,039,289
$ 18,990,299
(5,442,847)
$ 13,547,452
Fiscal Year Ended September 30,
1997 1996 1995
$ 17,672,385 $ 17,655,263 $ 14,746,780
79,790,477 75,697,081 71,851,128
78,989,959 75,679,959 68,942,645
$ 18,472,903 $ 17,672,385 $ 17,655,263
(4,997,379) (4,974,060) (701,640)
$ 13,475,524 $ 12,698,325 $ 16,953,623
For additional information regarding the City, please contact:
Ms. Betsy Bucy Mr. Vince Viaille Mr. Joe W. Smith
%of
Total Tax
Collections
100.65%
100.63%
100.03%
99.78%
99.55%
N.A. (J)
1994
$ 12,385,233
68,925,208
66,563,661
s 14,746,780
(1,056,628)
$ 13,690,152
Managing Director of Finance
City of Lubbock
First Southwest Company First Southwest Company
P.O. Box 2000
Lubbock, Texas 79457
Phone (806) 775-2161
Fax (806) 775-2051
or 1001 Main Street
Suite 802
Lubbock, Texas 79401
Phone (806) 749-3792
Fax (806) 749-3793
8
or 402 Cypress, Suite 707
P.O. Box 2754
Abilene, Texas 79604-2754
Phone(915)672-8432
Fax (915) 675-6218
CITY OFFICIALS, STAFF AND CONSULTANTS
ELECTED OmCIALS
City Council
Windy Sitton
Mayor
Maxlnce
Mayor Pro Tern and
Councilmember, District 4
Victor Hernandez
Councilmember, District 1
T. J. Patterson
Councilmember, District 2
David Nelson
Councilmember, District 3
Alex "Ty" Cooke
Councilmember, District 6
Marc McDougal
Councilmember, District 5
SELECTED ADMINISTRATIVE STAFF
Name
BobCass
Position
City Manager
City Attorney
City Secretary
Length of'
Service
Tenn
Expires
5 Years May,2000
7Years May,2000
5 Years May,2002
13 Years May, 2000
2 Years May,2002
7Years May, 2000
6Months May,2002
Date of Employment
in Current Position
September, 1992
December, 1995
September, 1996
Occupation
Business Owner
Insurance Agent
Attorney-at-Law
Co-Publisher
Attorney-at-Law
Investments
Business Owner, Real Estate
Total Government
Service
Anita Burgess
Kaythie Darnell
Debra Forte
BetsyBucy
First Assistant City Manager
Managing Director of Finance
January, 1995
July, 1998
Date ofEmp1oyment
with City ofLubbock
April. 1976
December, 1995
September, 1996
January, 1995
January, 1985
22Years
3 Years
15Years
20Years
14 Years
COI'•ISULTA!I.TS AND ADVISORS
Auditors ... : ................................................................................................................... Robinson Burdette Martin & Cowan, L.L.P.
Lubbock, Texas
Bond Counsel ........................................................................................................................................ Fulbright & Jaworski L.L.P.
Dallas, Texas
Financial Advisor ...................................................................................................................................... First Southwest Company
Dallas, Texas
9
OFFICIAL STATEMENT
RELATING TO
$10,835,000
CITY OF LUBBOCK, TEXAS
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1999
AND
$15,355,000
CITY OF LUBBOCK, TEXAS
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1999
INTRODUCTION
This Official Statement, which includes the Appendices hereto, provides certain infonnation regarding the issuance of
$20,835,000 City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1999 and $15,355,000 City of Lubbock,
Texas, Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1999 (collectively the
"Obligations"). Capitalized tenns used in this Official Statement have the same meanings assigned to such terms in the
respective Ordinances to be adopted on the date of sale of the Obligations which will authorize the issuance of the Bonds and the
Certificates except as otherwise indicated herein.
There follows in this Official Statement descriptions of the Obligations and certain infonnation regarding the City of Lubbock
(the "City" or "Lubbock") and its finances. All descriptions of documents contained herein are only summaries and are qualified
in their entirety by reference· to each such document Copies of such documents may be obtained from the City's Financial
Advisor, First Southwest Company, Dallas, Texas.
DESCRIPTION OF TilE ClTY ••. The City, County Seat of Lubbock County, is a political subdivision and municipal corporation
of the State, duly organized and existing under the laws of the State, including the City's Home Rule Charter. The City was·
incorporated in 1909, and first adopted its Home Rule Charter in 1917. The City operates under a CounciiiManager fonn of
government with a City Council comprised of the Mayor and six Councilmembers. The Mayor is elected at-large for a two-year
tenn ending in an even year. Each of the six members of the City Council is elected from.a single-member district for a four-
year tenn of office. The terms of three members of the City Council expire in each even numbered year. The City Manager is
the chief administrative officer for the City. Some of the services that the City provides are: public safety (police and fire
protection), highways and streets, electric, water and sanitary sewer utilities, airport, sanitation and solid waste disposal, health
and social services. culture-recreation, public transportation, public . improvements, planning and zoning, and general
administrative services. The 1990 Census population for the City was 186,206; the. estimated 1998 population was 196,679. The
City covers approximately 104 square miles, but is presently annexing a tract of approximately 14 square miles, which
annexation is scheduled for completion in early 1999.
PLAN OF FINANCING
PuRPosE • • • The Bonds are being issued for the purpose of refunding a portion of the City's outstanding debt, consisting of
$610,000 Combination Tax & Exhibition HaiVAuditorium (Limited Pledge) Certificates of Obligation, Series 1991; $2,425,000
Combination Tax & Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1991; $300,000 General
Obligation Bonds, Series 1991; $850,000 Combination Tax & Sewer System Subordinate Lien Revenue Certificates of
Obligation, Series 1991; and $15,545,000 Combination Tax & Sewer System Subordinate Lien Revenue Certificates of
Obligation, Series 1992 (collectively, the "Refunded Obligations"), in order to lower the overall annual debt service requirements
of the City, and to pay the costs of issuance of the Bonds. See Schedule I for a more complete ~ption of the Refunded
Obligations, including their call dates and redemption prices.
Proceeds from the sale of the Certificates will be used for (1) improvements to the City's Waterworks System, including
extensions to the City's water distribution lines and equipment to serve the newly annexed portion of the City (See
"Introduction-Description of the City"), and for the construction of mains. ground storage and elevated water storage to enhance
water supply to the western portion of the City, (2) improvements to the City's sewer system, including extension of sewage
collection lines and related improvements to serve the newly annexed portion of the City and to make repairs to the City's
sewage treatment plant and (3) payment of costs associated with the issuance of the Certificates.
10
REFuNDED OBLIGATIONS ••• The principal and interest due on the Refunded Obligations are to be paid on the scheduled interest
payment dates and the respective redemption dates of such Refunded Obligations, from funds to be deposited pursuant to a certain
Escrow Agreement (the "Escrow Agreement") between the City arid Norwest Bank Texas, N.A. (the "Escrow Agent"). The Bond
Ordinance provides that from the proceeds of the sale of the Bonds received from the Underwriters, the City will deposit with the
Escrow Agent the amount necessary to accomplish the discharge and final payment of the Refunded Obligations on their respective
redemption dates. Such funds will be held by the Escrow Agent in a special escrow account (the "Escrow Fund") and used to
purchase direct obligations of the United States of America (the "Federal Securities"). Under the Escrow Agreement, the Escrow
Fund is irrevocably pledged to the payment of the principal of and interest on the Refunded Obligations.
Grant Thornton, LLP, a nationally recognized accounting firm, will verify at the time of delivery of the Bonds to the Underwriters
thereof the mathematical accuracy of the schedules that demonstrate the Federal Securities will mature and pay interest in such
amounts which, together with uninvested funds, if any, in the Escrow Fund, will. be sufficient to pay, when due, the principal of and
interest on the Refunded Obligations. Such maturing princ:lpal of and interest on the Federal Securities will not be available to
pay the Bonds (see "Other Information-Verification of Arithmetical and Mathematical Computations").
By the deposit of the Federal Securities and cash, if necessary, with the Escrow Agent pursuant to the Escrow Agreement, the City
will have effected the defeasance of all of the Refunded Obligations in accordance with applicable law. It is the opinion of Bond
Counsel that as a result of such defeasance and in reliance upon the report of Grant Thornton LLP, the Refunded Obligations will be
outstanding only for the purpose of receiving payments from the Federal Securities and any cash held for such purpose by the
Escrow Agent and such Refunded Obligations will not be deemed as being outstanding obligations of the City payable from taxes
nor for the purpose of applying any limitation on the issuance of debt
The City bas covenanted in the Escrow Agreement to make timely deposits to the Escrow Fund, from lawfully available funds, of
any additional amounts required to pay the principal of and interest on the Refunded Obligations, if for any reason the cash balances
on deposit or scheduled to be on deposit in the Escrow Fund should be insufficient to make such payment
USE OF BoND PRocEEDS ••• The proceeds from the sale of the Bonds, together with amounts contributed to the refunding by the
City, will be applied approximately as follows:
SOURCES OF FUNDS:
Principal Amount of the Bonds
Accrued Interest
Transfers from Prior Issue Debt Service Funds
Total Sources of Funds
USES OF FUNDS:
Deposit to Escrow Fund
Deposit to Interest and Sinking Fund
Net Reoffering Discount
Underwriter's Discount
Costs of Issuance
Rounding
Total Uses of Funds
11
$ 20,835,000.00
121,623.44
115,000.00
$ 21,071,623.44
$ 20,612,885.23
121,623.44
68,208.65
136,506.90
130,000.00
2,399.22
$ 21,071,623.44
UsE OF CERTIFICATE PROCEEDS ••• The proceeds from the sale of the Certificates are expected to be expended as follows:
SOURCES OF FUNDS:
Proceeds from the sale of the Certificates
Accrued Interest
Total Sources of Funds
USES OF FUNDS:
Waterworks System Improvements
Sewer System Improvements
Underwriter's Discount
Deposit to Interest and Sinking Fund
Original Issue Discount
Costs of Issuance
Total Uses of Funds
12
$ 15,355,000.00
91,569.77
$ 15,446,569.77
$ 7,897,500.00
7,247,500.00
96,527.69
91,640.38
18,401.70
95,000.00
$ 15,446,569.77
THE OBUGATIONS
DESCRB'TIONOF'DIE OBLIGATIONS ... The Obligations are dated January IS, 1999, and mature on February 15 in each of the
years and in the amounts shown on the inside of the reSpective cover pages hereof. Interest will be computed on the basis of a
360-day year of twelve 30-day months, and will be payable on August 15 dlld February 15, commencing August 15, 1999. The
definitive Obligations will be issued only in fully registered fonn in any integral multiple of $5,000 for any one maturity and
will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant
to the Book-Entry-Only System described herein. No physical delivery of the Obligations will be made to the owners
thereof. Principal of, premium, if any, and interest on the Obligations will be payable by the Paying Agent/Registrar to Cede &
Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the
beneficial owners of the Obligations. See "Book-Entry-Only System" herein.
AtmiORI'IY FOR IssuANCE ... The Bonds are being issued pursuant to the Constitution and general laws of the State of Texas,
particularly Article 717k, VATCS, as amended, and an Ordinance passed by the City Council (the "Bond Ordinance").
The Certificates are being issued pursuant to the Constitution and general laws of the State of Texas, particularly Subchapter C
of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as amended, and an Ordinance
passed by the City Council (the "Certificate Ordinance"). The Bond Ordinance and the Certificate Ordinance are sometimes
referred to collectively as the "Ordinance".
SECURITY AND SOURCE OF PAYMENT ... The Obligations are secured by a pledge of a continuing ad valorem tax levied in the
City on all taxable property, within the limit provided by law.
Additional Securitv for the Certificates. . • In addition to the pledge of ad valorem tax revenues, as described above, the
Certificates are payable from a limited pledge of the Net Revenues (as defined in the Certificate Ordinance) of the City's
Waterworks System (the "System"), such pledge being limited to an amount not in excess of $500 and being junior and
subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and
defmed in the Certificate Ordinance) now outstanding and hereafter issued by the City.
In the Certificate Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to
principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise.
TAX RATE LIMITATION ... All taxable property within the City is subject to the assessment. levy and collection by the City of a
continuing, direct annual ad valorem tax to provide for municipal purposes, including the payment of principal of and interest on
all ad valorem tax debt within the limits prescribed by law. Article XI, SectionS, of the Texas Constitution is applicable to the
City, and limits its maximum ad valorem tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. The
Home Rule Charter of the City adopts the constitutionally authorized maximum tax rate of $2.50 per $100 Taxable Assessed
Valuation. Administratively, the Attorney General of the State of Texas. will permit allocation of$LSO of the $2.50 maximum·
tax rate for all General Obligation debt service, as calculated at the time of issuance.
OPTIONAL REDEMPTION ... The City reserves the right. at its option, to redeem Obligations having stated maturities on and
after February 15, 2010, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15,
2009, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If less than all of the Bonds
or Certificates, as the case may be are to be, redeemed, the City may select the maturities to be redeemed. If less than all the
Bonds or Certificates, as the case may be, of any maturity are to be redeemed, the Paying Agent/Registrar (or DTC while the
Obligations are in Book-Entry-Only form) shall determine by lot the Bonds or Certificates, as the case may be, or portions
thereof, within such maturity to be redeemed. If an Obligation (or any portion of the principal sum thereof) shall have been
called for redemption and notice of such redemption shall have been given, such Obligation (or the principal amount thereof to
be redeemed) shall become due and payable on such redemption date and interest thereon shall cease to accrue from and after the
redemption date, provided funds for the payment of the redemption price and accrued interest thereon are held by the Paying
Agent/Registrar on the redemption date.
NOTICE OF REDEMPTION ... Not less than 30 days prior to a redemption date for any of the Obligations, the City shall cause a
notice of redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Obligations to
be redeemed, in whole or in part, at the address of the registered owner appearing on the registration books of the Paying
Agent/Registrar at the close of business on the business day next preceding the date of mailing such notice. ANY NOTICE SO
MAILED SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN, WHETIIER OR NOT THE
REGISTERED OWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE OBLIGATIONS CALLED
FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND
NOTWITHSTANDING THAT ANY OBLIGATION OR PORTION TIIEREOF HAS NOT BEEN SURRENDERED FOR
PAYMENT, INTEREST ON SUCH OBLIGATION OR PORTION THEREOF SHALL CEASE TO ACCRUE.
13
BooK-ENTRY-ONLY SYSTEM ... The Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Obligations. The Obligations will be issued as fully-registered securities registered in the name of Cede & Co.
(DTC's partnership nominee). One fully-registered certificate will be issued for each maturity of the Bonds and each maturity of
the Certificates in the respective aggregate principal amounts of each such maturity and will be deposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the
meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning
of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the
Securities Exchange Act of 1934. DTC holds securities that its participants ("Direct Participants") deposit with DTC. DTC also
facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities
through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical
movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing
corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock
Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC
system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or
maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules
applicable to DTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Obligations under the DTC system must be made by or through DTC Participants, which will receive a credit for
such purchases on DTC's records. The ownership interest of each actual purchaser of each Obligation ("Beneficial Owner") is in
tum to be recorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from
DTC of their purchase, but Beneficial Owners are expected to receive written conftrmations providing details of the transaction,
as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership futerest in the Obligations are to be accomplished by entries made on the
books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing
their ownership interests in the Obligations, except in the event that use of the book-entry system described herein is
discontinued.
To facilitate subsequent transfers, all Obligations deposited by Direct Participants with DTC are registered in the name ofDTC's
partnership nominee, Cede & Co. The deposit of Obligations with DTC and their registration in the name of Cede & Co. effect
no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Obligations; DTC's records
reflect only the identity of the Direct Participants to whose accounts such Obligations are credited,. which may or may not be the
Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants,
and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject
to any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to Cede & Co. If less than all of the Obligations within an issue are being redeemed, DTC's
practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Obligations. Under its usual procedures, DTC mails an
Omnibus Proxy to the City as soon as possible after the Record Date (hereinafter defined). The Omnibus Proxy assigns Cede &
Co.'s consenting or voting rights to those Direct Participants to whose accounts the Obligations are credited on the Record Date
(identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Obligations will be made to DTC. DTC's practice is to credit Direct Participants' accounts
on each payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that
it will not receive payment on such payable date. Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered
in "street name," and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar or the City,
subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to
DTC is the responsibility of the City, disbursement of such payments to Direct Participants shall be the responsibility of DTC,
and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to one or more series of the Obligations at any
time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not
obtained, Obligations of the respective series are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through DTC for one or more series of the
Obligations (or a successor securities depository). In that event, Obligations of the respective series will be printed and
delivered.
14
DTC's Year 2000 Efforts. DTC has established a Year 2000 Project Office and will provide information concerning DTC's Year
2000 compliance to persons requesting such information. The .address is as follows: . The Depository Trust Company, Year 2000
Project Office, SS Water Street, New York, New York 10041. Telephone numbers for the DTC Year 2000 Project Office are
(212) 855-8068 and (212) 855-8881. In addition, information concerning DTC's Year 2000 compliance can be obtained from
its website at the following address: www.dtc.org.
DTC management is aware that some computer applications, systems, and the like for processing date ("Systems") that are
dependent upon calendar dates, including dates before, on, or after January 1, 2000, may encounter "Year 2000 Problems." DTC
has informed its Participants and other members of the financial community (the "Industry") that it has developed and is
implementing a program so that its Systems, as the same relate to the timely payment of distributions (including principal and
income payments) to security holders, book-entry deliveries, and settlement of trades within DTC ("DTC Services"), continue to
function appropriately. This program includes a technical assessment and a remediation plan, each of which is complete.
Additionally, DTC's plan includes a testing phase, which is expected to be completed within appropriate time frames.
However, DTC's ability to perform properly its services is also dependent upon other parties, including but not limited to issuers
and their agents, as well as third party vendors from whom DTC licenses software and hardware, and third party vendors on
whom DTC relies for information or the provision of services, including telecommunication and electrical utility service
providers, among others. DTC has informed the Industry that it is contacting (and will continue to contact) third party vendors
from whom DTC acquires services to: (i) impress upon them the importance of such services being Year 2000 compliant; and
(ii) determine the extent of their efforts for Year 2000 remediation (and, . as appropriate, testing) of their services. In addition,
DTC is in the process of developing such contingency plans as it deems appropriate.
According to DTC, the .foregoing information with respect to DTC has been provided to the Industry for informational purposes
only and is not intended to serve as a representation, wprranty, or contract modification of any kind.
Use of Certain Terms In Other Sections of this Official Statement. In reading this Official Statement it should be understood that
while the Obligations are in the Book-Entry-Only System, references in other sections of this Official Statement to registered
owners should be read to include the person for which the Participant acquires an interest in the Obligations, but (i) all rights of
ownership must be exercised through DTC and the Book-Entry-Only System, and (ii) except as described above, notices that are
to be given to registered owners under the respective Ordinances will be given only to DTC.
Information concerning DTC and the Book-Entry System has been obtained from DTC, and is not guaranteed as to accuracy or
completeness by, and is not to be construed as a representation of the City or the Underwriters.
·PAYING AGENT/REGISTRAR ... The initial Paying Agent/Registrar is Chase Bank ofT exas, National Association, Austin, Texas.
In the respective Ordinances, the City retains the right to replace the Paying Agent/Registrar. The City covenants to maintain
and provide a Paying Agent/Registrar at all times until the Obligations are duly paid and any successor Paying Agent/Registrar
shall be a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and
legally authorized to serve as and perform the duties and services of Paying Agent/Registrar for the Obligations. Upon any
change in the Paying Agent/Registrar for the Obligations, the City agrees to promptly cause a written notice thereof to be sent to
each registered owner of the Obligations by United States mail, first class, postage prepaid, which notice shall also give the
address of the new Paying Agent/Registrar.
TRANSFER, ExCHANGE AND REGISTRATION ... In the event the Book-Entry-Only System should be discontinued for any series
of the Obligations, the Obligations may be transferred and exchanged on the registration books of the Paying Agent/Registrar
only upon presentation and surrender to the Paying Agent/Registrar and such transfer or exchange shall be without expense or
service charge to the registered owner, except for any tax or other governmental charges required to be paid with respect to such
registration, exchange and transfer. Obligations may be assigned by the execution of an assignment form on the respective
Obligations or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. New Obligations will
be delivered by the Paying Agent/Registrar, in lieu of the Obligations being transferred or exchanged, at the designated office of
the Paying Agent/Registrar, or sent by United States mail, first class, postage prepaid, to the new registered owner or his
designee. To the extent possible, new Obligations issued in an exchange or transfer of Obligations will be delivered to the
registered owner or assignee of the registered owner in not more than three business days after the receipt of the Obligations to
be canceled, and the written instrument of transfer or request for exchange duly executed by the registered owner or his duly
authorized agent, in form satisfactory to the Paying Agent/Registrar. New Obligations registered and delivered in an exchange
or transfer shall be. in any integral multiple of $5,000 for any one maturity and for a like aggregate principal amount as the
Obligations surrendered for exchange or transfer. See "Book-Entry-Only System" herein for a description of the system to be
utilized initially in regard to ownership and transferability of the Obligations. Neither the City nor the Paying Agent/Registrar
shall be required to transfer or exchange any Obligation called for redemption, in whole or in part, within 45 days of the date
fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered
owner of the uncalled balance of a Obligation.
15
RECORD DATE FOR INTEREST PAYMENT ••• The record date ("Record Date") for the interest payable on the Obligations on any
interest payment date means the close of business on the last business day of the preceding month.
In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such
interest payment (a "Special Record Date") will be established by the Paying Agent/R.egistrar, if and when funds for the payment
of such interest have been received from the City. Notice ofthe Special Record.Date and of the scheduled payment date of the
past due interest ("Special Payment Date", which shall be IS days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of
an Obligation appearing on the registration books of the Paying Agent/R.egistrar at the elose of business on the last business day
next preceding the date of mailing of such notice.
BoNDHOWERS' REMEDIES • • • The respective Ordinances do not establish specific events of default with respect to the
Obligations. Under State law there is no right to the acceleration of maturity of the Obligations upon the failure of the City to
observe any covenant under the respective Ordinance. Although a registered owner of Obligations could presumably obtain a
judgment against tbe City if a default occurred in the payment of principal of or interest on any such Obligations, such judgment
could not be satisfied by execution against any property of the City. Such registered owner's only practical remedy, if a default
occurs, is a mandamus or mandatory injunction proceeding to compel the City to levy, assess and collect an annual ad valorem
tax sufficient to pay principal of and interest on the Obligations as it becomes due. The enforcement of any such remedy may be
difficult and time consuming and a registered owner coqld be required to enforce such remedy on a periodic basis. The
respective Ordinances do not provide for the appointment of a trustee to represent the interests of the bondholders upon any
failure of the City to perform in accordance with the terms of the applicable Ordinance, or upon any other condition.
Furthermore, the City is eligible to ~eek relief from its creditors under Chapter 9 of the U.S. Bankruptcy Code. Although
Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, the pledge
·of taxes in support of a general obligation of a bankrupt entity is not specifically recognized as a security interest under Chapter ·
9. Chapter 9 also includes an automatic stay provision that would prohibit, without Bankruptcy Court approval, the prosecution
of any other legal action by creditors or bondholders of an entity which has sought protection under Chapter 9. Therefore, should
the City avail itself of Chapter 9 protection from creditors, the ability to enforce would be subject to the approval of the
Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead of other federal or state court); and
the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court in administering any proceeding brought
before it. The opinion cif Bond Counsel will note that all opinions relative to the enforceability of the Ofdinances and the
Obligations are qualified with respect to the customary rights of debtors relative to their creditors.
16
TAX INFORMATION
AD VALOREM TAX LAw •• , The appraisal of property within the City is the responsibility of the Lubbock County Appraisal District
(the "Appraisal District"). Excluding agricultural and open-space land, which may be taxed on the basis of productive capacity, the
Appraisal District is required under the Property Tax Code to appraise all property within the Appraisal District on the basis of I 000.4
of its market value and is prohibited from applying any assessment ratios. In determining Il1lllket value of property, different methods
of appraisal may be used, including the cost method of appraisal, the income method of appraisal and marl<:et data comparison method of
appraisal, and the method considered most appropriate by the chief appraiser is to be used. Slate law further limits the appraised value of
a residence homestead for a tax year to an amount not to exceed the less of(l) the marl<:et value of the property, or (2) the sum of(a) 100.4
of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the
property was last appraised, plus (b) the appraised value of the property for the last year in which the property was appraised plus (c) the
marl<:et value of all new improvements to the property. The value placed upon property within the Appraisal District is subject to
review by an Appraisal Review Board, consisting of three members appointed by the Board of Directors of the Appraisal District.
The Appraisal District is required to review the value of property within the Appraisal District at least every three years. The City
may require annual review at its own expense, and is entitled to challenge the determination of appraised value of property within the
City by petition filed with the Appraisal Review Board.
Reference is made to the V.T.C.A, Property Tax Code, for identification of property subject to taxation; property exempt or which
may be exempted from taxation. if claimed; the appraisal of property for ad valorem taxation purposes; and the procedures and
limitations applicable to the levy and collection of ad valorem taxes.
Article VIII of the State Constitution ("Article VIII") and Slate law provide for certain exemptions from property taxes, the valuation
of agricultural and open-space lands at productivity value, and the exemption of certain personal property from ad valorem taxation.
Under Section 1-b, Article VIII, and Slate law, the governing body of a political subdivision. at its option, may grant: (I) An
exemption of not less than $3,000 of the market value of the residence homestead of persons 6.5 years of age or older and the
disabled from all ad valorem taxes thereafter levied by the political subdivision; (2) An exemption of up to 20% of the market value
of residence homesteads. The minimum exemption under this provision is $5,000.
In the case of residence homestead exemptions granted under Section 1-b, Article VIII, ad valorem taxes may continue to be
levied against the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of debt
if cessation of the levy would impair the obligation of the contract by which the debt was created.
State law and Section 2, Article VIII, mandate an additional property tax exemption for disabled veterans or the surviving spouse or
children of a deceased veteran who died while on active duty in the anned forces; the exemption applies to either real or personal
property with the amount of assessed valuation exempted ranging from $5,000 to a maximum of$12,000.
Article VIII provides that eligible owners of both agricultural land (Section 1-d) and open-space land (Section 1-d-l), including
open-space land devoted to fann or ranch purposes or open-space land devoted to timber production. may elect to have such property
appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both Section 1-d
and 1-d-l.
Nonbusiness personal property, such as automobiles or light trucks, are exempt from ad valorem taxation unless the governing body
of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorem taxation.
Article VIII, Section 1-j, provides for "freeport property" to be exempted from ad valorem taxation. Freeport property is defined as
goods detained in Texas for 175 days or less for the purpose of assembly, storage, manufacturing, processing or fabrication.
Decisions to continue to tax may be reversed in the future; decisions to exempt freeport property are not subject to reversal.
The City and the other taxing bodies within its territory may agree to jointly create tax increment financing zones, under which the
tax values on property in the zone are "frozen" at the value of the property at the time of creation of the zone. The City also may
enter into tax abatement agreements to encourage economic development Under the agreements, a property owner agrees to
construct certain improvements on its property. The City in tum agrees not to levy a tax on all or part of the increased value
attributable to the improvements until the expiration of the agreement. The abatement agreement could last for a period of up to lO
years.
EFFECTIVE TAX RATE AND ROLLBACK TAX RATE .•• By each September 1 or as soon thereafter as practicable, the City
Council adopts a tax rate per $100 taxable value for the current year. In adopting the annual tax for the City, the Council may not
adopt a tax rate that applied to the total taxable value within the City would impose an amount of taxes exceeding the prior year's
levy until a public hearing on the proposed tax rate has been held and notice of such public hearing has been given in the form
17
and manner required. The tax rate consists of two components: (1) a rate for funding of maintenance and operation
expenditures, and (2) a rate for debt service.
Under the Property Tax Code, the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate". If
the adopted tax rate exceeds the rollback tax rate the qualified voters of the City by petition may require that an election be held
to determine whether or not to .reduce the tax rate adopted for the current year to the rollback tax rate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values
(adjusted). "Adjusted" means lost values are not included in the calculation oflast year's taxes and new values are not included
in this year's taxable values.
"Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's
values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted)
divided by the anticipated tax collection rate.
The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize
an additional one-half cent sales tax on retail sales of taxable items. If the additional tax is levied, the effective tax rate and the
rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year.
Reference is made to the Property Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the
calculation of the various defined tax rates.
PROPERTY AssESSMENT AND TAX PAYMENT ••• Property within the City is generally assessed as of January 1 of each year.
Business inventory may, at the option of the taxpayer, be assessed as of September 1. Oil and gas reserves are assessed on the
basis of a valuation process which uses an average of the daily price of oil and gas for the prior year. Taxes become due October
1 of the same year, and become delinquent on February 1 of the following year. Taxpayers 65 years old or older are permitted
by State law to pay taxes on homesteads in four installments with the first due on February I of each year and the final
installment due on August l.
PENALTIES AND INTEREST • . • • Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Cumulative Cumulative
Month Penalty Interest Total
February 6% 1% 7%
March 7 2 9
April 8 3 11
May 9 4 13
June 10 5 IS
July 12 6 18
After July, penalty remains at 12%, and interest increases at the rate of 1% each month. In addition, if an account is delinquent
in July, a 15% attorney's collection fee is added to the total tax penalty and interest charge. Under certain circumstances, taxes
which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with no
additional penalties or interest assessed. In general, property subject to the City's lien may be sold, in whole or in parcels,
pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and interest against
an estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities,
including governmental units, goes into effect with the filing of any petition in bankruptcy. The automatic stay prevents
governmental units from foreclosing on property and prevents liens for post-petition taxes from attaching to property and
obtaining secured creditor status unless. in either case, an order lifting the stay is obtained from the bankruptcy court. In many
cases post-petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court.
CITY APPLICATION OF TAX CODE .•. The City grants an exemption to the market value of the residence homestead of persons
65 years of age or older of$16,700; the disabled are also granted an exemption of$10,000.
The City has not granted any part of the additional exemption of the up to 20".4 of the market value of residence homesteads, as
permitted by State law; the minimum amount of any such exemption granted is $5,000.
See Table 1 for a listing of the amounts of the exemptions described above.
Ad valorem taxes are not levied by the City against the exempt value of residence homesteads for the payment of debt.
18
The City does not tax nonbusiness personal property; and the Lubbock County Appraisal District collects taxes for the City.
The City does not permit split payments of taxes, and discounts for early payment of taxes are not allowed by the City, although
permitted on a local-option basis by the Property Code.
In the past, the City has taxed freeport property, although beginning with the 1999 tax year the City has exempted freeport
property from taxation. '
The City collects an additional one-eighth cent sales tax for reduction of ad valorem taxes.
The City has adopted a tax abatement policy, as described below.
TAX ABATEMENT POLICY ... The City has established a tax abatement program to encourage economic development In order
to be considered for tax abatement, a project must be located in a reinvestment zone or enterprise zone (a commercial project
must be in an enterprise zone) and must meet several criteria pertaining to job creation and property value enhancement. The
City has established three enterprise zones, the north zone, of approximately 18.6 square miles, the south zone, of approximately
15.7 square miles, and the international airport zone, of approximately 10.3 square miles. At present, the City has initiated 19
enterprise projects and tax abatements, principally in the northeast and southeast sections of the City. The amount and term of
abatement shall be determined on a case by case basis; however, in no event shall taxes be abated for a term in excess often (JO)
years.
TAX INCREMENT FINANCING ZoNE •••• Together with other taxing units, the City participates in a Tax Increment District
("TID") pursuant to YTCA, Tax Code, Chapter 311 Article J066e, V.T.C.S. The TID covers an approximately 0.71 square-mile
area which includes part of the central business district and adjacent areas of the City known as the Overton Addition and the
Broadway Corridor. The base taxable values of the TID are frozen at the level of taxable values for 1986, the year of creation.
Any ad valorem taxes relating to growth of the TID's tax base above the frozen base may be used only to finance improvements
·within the TID. The tax base for the TID for 1986 was $98,180,307; the 1998 taxable assessed value of property in the TID is
less than the tax base and there is no current tax increment.
19
TABLE 1 • VALUATION, Exi:MPTIONSANDGENERAL0BLIGATIONDEBT
1998 Market Valuation Established by Lubbock Central Appraisal District
Less Exemptions/Reductions at I 000/o Market Value:
Residential Homestead Exemptions
Disabled Veterans
Agricultural/Open-Space Land Use Reductions
Pollution Exemptions
Tax Abatement Reductions (I)
1998 Taxable Assessed Valuation
City Funded Debt Payable from Ad Valorem Taxes
General Obligation Debt (as of 12-15-98) (l)
The Bonds
The Certificates
Total Funded Debt Payable from Ad Valorem Taxes
Less: Self Supporting Debt (3)
Waterworks System General Obligation Debt
Sewer System General Obligation Debt
$ 194,581,6%
13,394,226
36,031,225
1,590,394
60,610,146
$ 117,374,242
20,835,000
15,355,000
$ 33,591,729
56,574,278
5,132,135
$ 6,325,796,036
306,207,687
$ 6,019,588,349
$ 153,564,242
Solid Waste Disposal System General Obligation Debt
Hotel Occupancy Tax Certificates of Obligation 1,095,000 96,393,142
General Purpose Funded Debt Payable from Ad Valorem Taxes <4>
General Obligation Interest and Sinking Fund as of 9-30-98 (Unaudited)
Ratio Total Funded Debt to Taxable Assessed Valuation
Ratio General Purpose Funded Debt to Taxable Assessed Valuation
1999 Estimated Population -197,117 ($)
Per Capita Taxable Assessed Valuation • $30,538
Per Capita Total Funded Debt Payable from Ad Valorem Taxes-$779
Per Capita General Purpose Fimded Debt Payable from Ad Valorem Taxes-$290
(I) See above, "Tax Information· Tax Abatement Policy".
$ 57,171,100
$ 1,420,102
2.55%
0.95%
(2) The statement of indebtedness does not include $19,730,000 General Obligation Debt being refunded. The statement of
indebtedness also does not include outstanding $24,117,124 Electric Light and Power System Revenue Bonds or $14,975,000
Electric Light and Power System Revenue Refunding and Improvement Bonds, Series 1999, sold January 27, 1999, as these
Bonds are payable solely from the net revenues of the Electric Light and Power System.
(3) The City provides for debt service on general obligation debt issued to fund Waterworks System improvements, Sewer
System improvements and Solid Waste Disposal System improvements from surplus revenues of these Systems; debt service on
the Hotel Occupancy Tax Certificates of Obligation is provided from Hotel Occupancy Tax revenues (see "Table 8A -General
Obligation Debt Service Requirements", "Table 8B-Division ofDebt Service Requirements", "Table 9 ·Interest and Sinking
Fund Budget Projection" and "Table 10-Computation of Self-Supporting Debt").
20
"Waterworks System General Obligation Debt" includes $2,530,000 principal amount of the Bonds; $8,007,633 principal
amount of the Certificates; $14,055,254 principal amount of outstanding general obligation bonds; $2,415,000 principal amount
of outstanding Combination Tax and Waterworks System Subordinate Lien Revenue Certificates of Obligation; and $6,583,842
principal amount of outstanding Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation. The City has
no outstanding Waterworks System Revenue Bonds but has obligated revenues of the Waterworks System under water supply
contracts. See "The Systems· Waterworks System".
"Sewer System General Obligation Debt" includes $17,380,000 principal amount of the Bonds; $7,347,367 principal amount of
the Certificates; $7,181,911 principal amount of outstanding general obligation bonds; and $24,6655,000 principal amount of
outstanding Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation. The City has no
outstanding Sewer System Revenue Bonds.
"Solid Waste Disposal System General Obligation Debt" consist of $5,132,135 principal amount of outstanding general
obligation debt. The City has no outstanding Solid Waste Disposal System Revenue Bonds.
"Hotel Occupancy Tax Certificates of Obligation" consists of $1,095,000 principal amount of outstanding general obligation
debt.
(4) "General Purpose Funded Debt Payable from Ad Valorem Taxes" includes $3,305,000 principal amount of outstanding Tax
and Airport Surplus Revenue Certificates of Obligation on which debt service is provided from Passenger Facility Charge
("PFC") revenues (see Footnote (2), "Table 9-Interest and Sinking Fund Budget Projection").
(5) Source: City of Lubbock, Texas.
21
TABLE 2 -TAXABLE ASSESSED vALUATIONS BY CATEGORY
Taxable Appraised Value for F'ISC81 Year Ended September 30,
1999 1998 1997
%of %of %of
CategOI)' Amount Total Amount Total Amount Total
Real, Residential, Single-Family $ 3,219,691,355 50.90"A> $ 3,ll2,040,906 51.06% $ 3,019,393,785 51.89%
Real, Residential, Multi-Family 396,277,540 6.260/o 382,170,749 6.27% 348,ll8,848 5.98%
Ri:al, Vacant lots/Tracts 93,912,543 1.48% 96,312,775 1.58% 100,053,738 1.72%
R4-.al, Acreage (Land Only) 45,494,120 0.72% 46,128,990 0.76% 45,572,096 0.78%
Real, Farm and Ranch JmprovCIJI:I'Its 6,778,453 0.11% 6,671,096 O.ll% 6,933,323 0.12%
R4-.al, Cot:nm:rcial and Industrial 1,272,262,327 20.11% 1,180,704,813 19.37% 1,121,128,529 19.27%
Real, Oil, Gas and Other Mineral Rl:se!ves 7,862,650 0.12% 10,638,260 0.17% 9,263,830 0.16%
Real and Tangible Personal, Utilities 178,399,714 2.82% 171,889,877 2.82% 167,598,757 2.88%
Tangible Personal, Commercial and Industrial 1,081,053,583 17.000/o 1,065,115,428 17.48% 974,209,635 16.74%
Tangible Personal, Other 12,807,717 0.20% 12,087,601 0.20% 11,028,113 0.19"/o
Real Property, Inventory 11,256,034 0.18% 11,040,883 0.18% 15,225,881 0.26%
Total Appraised Value Before Exemptions $ 6,325, 796,036 100.00% $ 6,094,801,378 100JXl% $ 5,818,526,535 100.00"/o
Less: Total Exemptions/Reductions (306,207,687) (264,552,205) (251,453,894)
Taxable Assessed Value $ 6,019,588,349 $ 5,83o,249,173 $ 5,567,072,641
Taxable Appraised Value for
Fiscal Year Ended September 30,
1996 1995
%of %of
Category Amount Total Amount Total
Real, Residential, Single-Family $ 2,933,814,784 52.07% $ 2,754,503,815 51.84%
Real, Residential, Multi-Family 342,785,637 6.08% 337,977,738 6.36%
Real, Vacant lots/Tracts 102,325,087 1.82% 99,547,319 1.87%
Real, Acreage (Land Only) 48,457,195 0.86% 45,954,067 0.86%
Real, Farm and Ranch ImprovCIJI:I'Its 11,513,821 0.20% 12,739,995 0.24%
Real, Commercial and Industrial 1,090,617,874 19.36% 1,039,190,164 19.56%
Real, Oil, Gas and Other Mineral Reserves 9,722,690 0.17% 15,018,920 0.28%
Real and Tangible Personal, Utilities 161,811,254 2.87% 159,462,546 3.00%
Tangible Personal, Cot:nm:rcial and Industrial 903,591,253 16.04% 819,836,742 15.43%
Tangible Personal, Other 9,588,811 0.17% 9,479,831 O.l8o/o
Real Property, Inventory 19,795,564 0.35% 20,069,741 0.38%
Total Appraised Value Before Exemptions $ 5,634,023,970 100.00% $ 5,313,780,878 100.00%
Less: Total Exemptions/Reductions (234,667,508) (226,468,858)
Taxable Assessed Value $ 5,399,356,462 $ 5,087,312,020
NOTE: Valuations shown are certified taxable assessed values reported by the Lubbock County Appraisal District to the State
Comptroller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and
the Appraisal District updates records.
22
TABLE 3A -VALUATION AND GENERAL 0BLJGATION DEBT HISTORY
General Purpose Ratio
Fiscal Taxable Funded Tax Debt Tax Debt Funded
Year Taxable Assessed Outstanding to Taxable Debt
Ended Estimated Assessed Valuation at End Assessed Per
9/30 Population °1 Valuation (l) Per Capita of Year (l) Valuation Capita
1994 190,038 $ 4,910,763,048 $ 25,841 $ 55,909,058 1.14% $ 294
1995 191,020 5,087,312,020 26,632 58,085,015 1.14% 304
1996 193,064 5,399,356,462 27,967 67,438,562 1.25% 349
1997 195,367 5,567,072,641 28,495 61,728,036 1.11% 316
1998 196,679 5,830,249,173 29,643 57,156,101 0.98% 291
1999 197,117 (.C) 6,019,588,349 30,538 5 1,222,980 (S) 0.85% (S) 260 (S)
(I) Source: The City of Lubbock, Texas.
(2) As reported by the Lubbock Central Appraisal District on City's annual State Property Tax Board Reports; subject to
change during the ensuing year.
(3) Does not include self-supporting debt
(4) No official estimate has yet been made for 1999; this figure used for illustration only.
(5) Projected; includes the Obligations, excludes the Refunded Obligations.
TABLE 38 • DERIVATION OF GENERAL PURPOSE FuNDED TAX DEBT
Fiscal Funded Tax Debt Less: General Purpose
Year Outstanding Self-Supporting Funded Tax Debt
Ended at End Funded Tax Outstanding
9/30 of Year Debt at End of Year
1994 $ 152,693,752 $ 96,784,694 $ 55,909,058
1995 148,178,752 90,093,737 58,085,015
1996 151,763,752 84,325,190 67,438,562
1997 138,914,318 77,186,282 61,728,036
1998 137,104,242 79,948,141 57,156,101
1999 (I) 139,717,749 88,494,769 51,222,980
(1) Projected; includes the Obligations, excludes the Refunded Obligations.
TABLE4 -TAX RAn:, LEVY ANDCOLLECTIONBISTORY
F'JSCal %of0Jm:nt
Year Distributioo Tax
Ended Tax General Econanic Interest and Collectioos
9130 Rate Fund Developm:nt Sinking Fund Tax levy to Tax levy
1994 $0.6400 $0.41700 $0.02310 $0.19990 $ 31,334,334 97.89%
1995 0.6400 0.42540 0.03000 0.18460 32,481,841 98.34%
1996 0.5859 0.39650 0.03000 0.15940 31,634,830 98.19%
1997 0.5859 0.37nl 0.03000 0.17819 32,617,479 97.99%
1998 0.5800 0.39689 0.03000 0.15311 33,815,445 97.80";{,
%of Total
Tax
Collectioos
to Tax levy
100.650/o
100.6JO/o
100.03%
99.78%
99.55%
1999 0.5800 0.41691 0.03000 0.13309 34,973,783 In process of collectioo
23
TABLES-TENLARGESTTAXPAYERS
Name ofTaxpayer
sOUili PiaiiiS Mali
Tex~ Instruments Inc. (I)
Southwestern Bell Telephone Co.
Southwestern Public Service
Methodist Hospital
Plains Co-Op Oil Mills Inc.
Wai-Mart Stores Inc.
Eagle-Picher Industries Inc.
United Supermarkets Ind.
Sessions. H.A.
Nature of Property
Reg1onli1 ShOppmg Mlill
Electronics Manufacturer
Telephone Utility
Electric Utility
Hospital and Medical Office Building
Agricultural Processing
Discount Retail Stores
Heavy Equipment Manufacturing
Retail Grocery Stores
Real Estate Holdings
(I) Texas Instruments Inc. has announced that it will close its Lubbock facility in February, 1999.
1998199
Taxable
Assessed
Valuation
$ 102,571,81(
83,985,570
74,024,527
52,792,582
31,639,234
30,355,110
27,820,823
. 27,725,324
23,513,583
23,103,481
%ofTotal
Taxable
Assessed
Valuation
1.7()%
1.40"/o
1.23%
0.88%
0.53%
0.50"/o
0.46%
0.46%
0.39%
0.38%
s 471:S32:o45 7.93%
GENERAL OBLIGATION DEBT LIMITATION ... No general obligation debt limitation is imposed on the City under current State
law or the City's Home Rule Charter (see "Tax Rate Limitation").
TABLE6 -TAXADEQUAcv(l)
Maximum Principal and Interest Requirements,
All General Obligation Debt, 1999 (I) ........................................................................................................................ $ 21,026,911
$0.357 Tax Rate at 98% Collection Produces ................................................................................................................... $ 21,060,132
Maximum Principal and Interest Requirements,
General Purpose General Obligation Debt, 1999 (I) .................................................................................................. $ 8,688,771
$0.148 Tax Rate at 98o/o Collection Produces ...................................................... ............................................................. $ 8, 730,811
(1) See Tables SA and 8B.
24
TABLE 7 -EmMA TED OVERLAPPING DEBT
Expenditures of the various taxing entities within the territory of the City are paid out of ad valorem taxes levied by such entities
on properties within the City. Such entities are independent of the City and may incur borrowings to finance their expenditures.
This statement of direct and estimated overlapping ad valorem tax bonds ("Tax Debt") was developed from information
contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for the amounts
relating to the City, the City has not independently verified the accuracy or completeness of such information, and no person
should rely upon such infonnation as being accurate or complete. Furthermore, certain of the entities listed may have issued
additional bonds since the date hereof, and such entities may have programs requiring the iSsuance of substantial amounts of
additional bonds, the amount of which cannot be determined. The following table reflects the estimated share of overlapping
Tax Debt of the City.
19989) Total Funded aty's Authc:xized
Taxable 19989) D:bt E'stin1ared Overlapping But Ulissued
Assessed Tax As Of % GQD:bt D:bt:As<X
Taxing Jurisdidiat Value Rate 12-15-98 Applialble As ofl2-15-98 12-15-98
City oflubbock s 6,019,588,349 s 0.58000 $ 57,171,100 (I) 100.0(P'Io s 57,171,100 s 3,742,000
Lubbock Jnd:pcndc:nt SdiOOI District 5,172,055,350 1.56500 67)JJ4,9fB 98.91% 66,472,435 3,400,275
Lubbock Coonty 7 ;11!J,CRJ,<m o.tmo 1,895,000 82.94% 1,571,713 500,000
Fn:mbip Jnd:pcndc:nt SdiOOI District 662, 7l2,443 1.48800 43,138,739 64.44% 27,?18,603 ..()..
Idalm I~Sdlool District 115,895,957 1.43000 . 1,.200,000 1.10'.4. 24,200 ..()..
Lubbock.(l)ope:r Jnd:pcndc:nt SdiOOI District 2Il/1J8,f110 1.57WO 7,3)4,555 15.30'/o 1,194,()117 ..()..
t-ew ~ ful:k:pendalt SdiOOI District 85,814,911 1.50000 ..().. 0.03% ..().. ..()..
Roasevdt~ SdiOOI District 101,016,943 1.50000 ..().. 4.12% ..().. ..()..
Total IMect m1 Q.lmapping GO. D:bt s 154,232,148
Ratio ofiMect aDd Overlapping GQ D:bt to Taxable .Assessed Valual:im ................•••......•....•..........•.•... 256%
Per Capita o..mapping a a D:bt ................................................. · .............................. . s 789
(1) General Purpose Funded Tax Debt; excludes self-supporting General Obligation Debt (see "Table 1-Valuation, exemptions
· and General Obligation Debt"). Includes the Obligations and excludes the Refunded Obligations.
25
DEBT INFORMATION
TABLE 8A -GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS
Fiscal
Year %o(
Ended Outstanding Ilobt {I) The Bondi"' The CertificatcJll Combined Requirements Principal
9130 Principal In-Total Principal lnlelest Total Principal In-Tntal Principal In'-"! Tntal Retired
1999 $ 13,846,493 $ 6.266,733 $ 20,113,226 $ 0 s 521,243 $ 521,243 s 0 $ 392,442 $ 392,442 s 13,846,493 $ 7,180,418 s 21,026,911
2000 11,334,987 7,016,709 18,351,696 140,000 890,760 1,030,760 770,000 657,358 1,427,358 12,244,987 8,564,827 20,809,814
2001 10,724,441 5,973,374 16,697,815 145,000 885,060 1,030,060 770,000 626,558 1,396,558 11,639,441 7,484,992 19,124,433
2002 8,783,639 4,793,679 13,577,318 1,245,000 857,260 2,102,260 770,000 595,758 1,365,758 10,798,639 6,246,697 17,045,336
2003 9,304,682 3,822,536 13,127,218 215,000 828,060 1,043,060 770,000 564,958 1,334,958 10,289,682 5,21S,554 15,505,236 38.30%
2004 8,235,000 2,942,342 11,177,342 220,000 819,360 1,039,360 770,000 534,158 1,304,158 9,225,000 4,295,860 13,520,860
2005 8,205,000 2,529,026 10,734,026 220,000 810,560 1,030,560 770,000 503,358 1,273,358 9,195,000 3,842,944 13,037,944
2006 6.445,000 1,311,238 7,756,238 1,940,000 767,360. 2,707,360 770,000 472,558 1,242,558 9,155,000 2,551,156 11,706,156
2007 6,415,000 1,753,208 8,168,208 1,915,000 690,260 2,605,260 770,000 441,758 1,211,758 9,100,000 2,885,226 11,985,226
2008 5,770,000 1,451,213 7,221,213 1,895,000 613,113 2,508,113 770,000 410,573 1,180,573 8,435,000 2,474,899 10,909,899 67.68'"
2009 5,325,000 1,180,959 6,505,959 1,870,000 534,995 2,404,995 770,000 378,425 1,148,425 7,965,000 2,094,379 10,059,319
2010 3,700,000 960,135 4,660,135 2,960,000 432,085 3,392,085 770,000 345,315 1,115,315 7,430,000 1,737,535 9,167,535
2011 3,700,000 785,541 4,485,541 2,930,000 303,253 3,233,253 765,000 311,546 1,076,546 7,395,000 1,400,340 8,795,340
2012 3,600,000 620,653 4,220,653 1,785,000 197,451 1,982,451 765,000 277,121 1,042,121 6,150,000 1,095,225 1,245,225
N 2013 3,655,000 458,090 4,113,090 1,685,000 117,666 1,802,666 765,000 241,931 1,006,931 6,105,000 817,687 6,922,687 90.50% 0\ 2014 3,655,000 294,619 3,949,619 1,670,000 39,245 1,709,245 765,000 205,976 970,976 6,090,000 539,840 6,629,840
2015 2,300,000 159,100 2,459,100 765,000 169,448 934,448 3,065,000 328,548 3,393,548
2016 1,345,000 74,432 1,419,432 765,000 132,536 897,536 2,110,000 206,968 2,316,968
2017 515,000 32,831 547,831 765,000 95,243 860,243 1,280,000 128,074 1,408,074
2018 515,000 10,944 525,944 765,000 57,375 822,375 1,280,000 68,319 1,348,319
2019 765,000 19,125 784,125 765,000 19,125 784,125 100.00%
$ 117,374,242 s 42,437,362 s 159,811,604 $ 20,835,000 $ 9,307,731 $ 30,142,731 $ 15,355,000 $ 7,433,520 s 22,788,520 $ 153,564,242 s 59,178,613 s 212,742,855
(1) "Outstanding Debt" does not include the Refunded Obligations or lease/purchase obligations.
(2) Average life of the issue -10.664 years. Interest on the Bonds has been calculated at the rate of 4.71% for purposes of illustration.
(3) Average life of the issue-10.567 years. Interest on the Certificates has been calculated at the rate of 4.82% for purposes of illustration.
TABLE 8B -DIVISION OF DEBT SERVICE REQUIREMENTS
Less: Less:
Less: Less: Solid Waste Hotel
Wale!WOI'b Sewer Disposal Occ:upanc:y General
Fiscal System System System Tax Purpose
Year General General General General General
Ended Combined Total Requirements Obligation Obligation Obligation Obligation Obligation
9130 Principal Interest Total Requirements<•> Requirements G) Requirements Requirements Requirements
1999 13,846,493 7,180,418 21,026,911 4,619,560 6,501,019 830,146 387,415 8,688,771
2000 12,244,987 8,S64,827 20,809,814 4,782,419 6,755,447 796,249 390,903 8,084,796
2001 11,639,441 7,484,992 19,124,433 4,434,399 6,162,061 7S7,!1S7 393,663 7,376,7S3
2002 10,798,639 6,246,697 17,o4S,335 3,908,009 5,854,974 61S,604 6,666,749
2003 10,289,682 S,21S,SS4 1S,SOS,236 3,510,185 5,547,116 320,080 6,127,8SS
2004 9,225,000 4,295,860 13,520,860 2,918,578 5,340,483 306,768 4,955,031
200S 9,19S,OOO 3,842,944 13,037,944 2,813,730 5,132,868 29S,462 4,795,884
2006 9,155,000 2,SSI,IS6 11,706,156 2,689,476 4,100,305 285,983 4,630,392
2007 9,100,000 2,88S,226 11,985,226 2,591,504 4,675,414 279,924 4,438,384
2008 8,435,000 2,474,899 10,909,899 "2,270,570 4,185,466 271,943 4,181,920
2009 7,965,000 2,094,379 10,059,379 2,156,131 4,005,124 263,824 3,634,300
2010 7,430,000 1,737,S3S 9,167,535 2,010,099 3,736,849 2SS,520 3,165,067
2011 7,395,000 1,400,340 8,795,340 1,925,462 3,582,300 247,078 3,040,500
2012 6,1$0,000 1,09!1,225 7,245,225 1,061,340 3,365,429 238,544 2,579,912
2013 6,105,000 817,687 6,922,687 1,024,243 3,188,731 229,918 2,479,795
2014 6,090,000 539,840 6,629,840 986,580 3,041,795 221,199 2,380,266
2015 3,06S,OOO 328,548 3,393,548 867,775 1,188,446 212,434 1,124,893
2016 2,110,000 206,968 2,316,968 833,654 429,471 204,130 849,713
2017 1,280,000 128,074 1,408,074 800,160 411,626 196,288
2018 1,280,000 68,319 1,348,319 766,367 393,506 188,446
2019 765,000 19,125 . 784,125 408,921 375,204
$ 153,564,242 $ 59,178,613 $ 212,742,855 $ 47,379,159 $ 77,973,637 s 7,017,097 $ 1,171,981 s 79,200,981
(l) Includes (i) debt service on $2,530,000 of the Bonds and (ii) 52.15% of debt service on the Certificates.
(2) Includes (i) debt service on $15,330,000 of the Bonds and (ii) 47.85% of debt service on the Certificates.
27
TABLE 9 • INTEREST AND SINKING FuND BUDGET PROJECTION
General Obligation Debt Service Requirements, Fiscal Year Ending 9-30-99
Fiscal Agent, Tax Collection and Other Uses
Total Requirements
Sources of Funds
Interest and Sinking Fund, 9-30-98
Budgeted Ad Valorem Tax Receipts
Budgeted Transfers From:
Water Fund (I)
Sewer Fund (I)
Solid Waste Fund (I)
Hotel Occupancy Tax Fund (I)
Airport Fund • from Passenger Facility Charges ("PFCs")
Budgeted Interest Earned
Total Sources ofFunds
Estimated Balance, 9-30-99
(1) See "Table 10 ·Computation of Self-Supporting Debt".
(2)
$ 21,026,9ll
115,000
$ 21,141,911
$ 1,420,102 .
8,025,277
4,425,287
6,284,329
830,146
387,415
533,390
83,800
$ 21,989,746
$ 847,835
(2) PFCs are authorized by the Federal Aviation Administration ("FAA"). PFC revenues must be used for allowable costs of
FAA approved airport projects including debt service on airport obligations issued to carry out approved projects. The City
issued Tax and Airport Surplus Revenue Certificates of Obligation (the • Airport Certificates") in 1993 and 1995. The
outstanding principal balance of the Airport Certificates on 9-30-98 was $3,305,000; debt service on the Airport Certificates is
provided from PFC revenues. PFC revenues in fiscal year ending 9-30-98 were $1,579,669. Debt service on other airport
general obligation debt (principal balance outstanding at 9-30-98 $3,380,000) is provided from ad valorem taxes.
28
TABLE 10 -COMPUTATION OF SELF-SUPPORTING DEBT
Tim WATERWORKS SYSTEM (I)
Net System Revenue Available. Fiscal Year Ended 9-30.98
Less: Requirements for Revenue Bonds, Fiscal Year Ended 9-30.99
Balance Available for Other Purposes
Requirements for System General Obligation Debt, Fiscal Year Ending 9-30.99
Percentage of System General Obligation Debt Self-Supporting
$ 12,077,804
...()..
$ 12,077,804
$ 4,619,560
100.000/o
(1) Each Fiscal Year the City transfers from net revenues of the Waterworks Enterprise Fund to the General Obligation Interest and
Sinking Fund an amount equal to debt service requirements on System general obligation debt.
Tim SEWER SYSTEM (I)
Net System Revenue Available, Fiscal Year Ended 9-30.98
Less: Requirements for Revenue Bonds, Ftseal Year Ending 9-3().99
Balance Available for Other Purposes
Requirements for System General Obligation Debt, Fiscal Year Ending 9-30.99
Percentage of System General Obligation Debt Self-Supporting
$
$
$
9,993,781
...()..
9,993,781
6,501,019
100.000/o
(1)· Each Fiscal Year the City transfers from net revenues of the Sewer Enterprise Fund to the General Obligation Interest and
Sinking Fund an amount equal to debt service requirements on System general obligation debt.
THE SOLID WASTE DISPOSAL SYSTEM (I)
Net System Revenue Available, Fiscal Year Ended 9-30-98
Less: Requirements for Revenue Bonds, Fiscal Year Ending 9-30.99
Balance Available for Other Purposes
Requirements for System General Obligation Debt, Fiscal Year Ending 9-3().99
Percentage of System General Obligation Debt Self-Supporting
$
$
$
8,214,056
...()..
8,214,056
830,146
100.000;(,
(1) Each Fiscal Year the City transfers from net revenues of the Solid Waste Enterprise Fund to the General Obligation Interest and
Sinking Fund an amount equal to debt service requirements on System general obligation debt.
Tim HOTEL OcCUPANCY TAX (l)
Revenue Available, Fiscal Year Ended 9-30-98
Less: Requirements for Revenue Bonds, Fiscal Year Ending 9-30-99
Balance Available for Other Purposes
Requirements for Hdel O:upancy Tax D;:bt, Fiscal Year Ending 9-30-99
Percentage oflbel Oxupancy General Obligation Debt Self-Supporting
$ 2,101,020
..()..
$ 2,101,020
$ 387,415
100.000/o
(1) Each Fiscal Year the City transfers an amount of revenues of the Hotel/Motel Special Revenue Fund to the General
Obligation Interest and Sinking Fund that is equal to debt service requirements on Hotel Occupancy Tax obligations.
29
TABLE 11 -AuniORIZED BUT UNISSUED GENERAL OBLIGATION BONDS
Amount
Date Amount Previously Unissued
Purpose Authorized Authorized Issued Balance
Waterworks System 10-17-87 $ 2,810,000 $ 200,000 $ 2,610,000
Sewer System 5-21-77 3,303,000 2,175,000 1,128,000
Street Improvements 5-1-93 10,170,000 10,166,000 4,000
$ 16,283,000 $ 12,541,000 $ 3,742,000
ANTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT ... In 1998, the City Council appointed a Finance Subcommittee of
the City's Citizen Advisory Committee and charged it with making a recommendation of the amount of additional tax-supported
bonded debt which it believes would be acceptable to the City's voters and that would maintain the City's current financial
position. In September 1998, the Finance Subcommittee reported its conclusion that given these parameters, the City's current
bond capacity would not exceed $45 million. The Finance Subcommittee did not make recommendations as to the identity of
prospective bonded projects, and the recommendation of the Committee was made for the purpose of guiding the City Council in
calling a bond election in the City, possibly in the fall of 1999.
The City has plans to issue additional tax-supported debt during 1999, however, these plans may be contingent upon approvals
of bonds by the electorate, changes in the bond markets and other matters. In addition, other opportunities could arise that would
result in additional financings by the City over next twelve months. The City's current plans include the issuance of
approximately $12 million in tax and waterworks system revenue obligations in the spring of 1999 to prepay its share of the
Canadian River Municipal Water Authority's ("CRMWA") U.S. Bureau of Reclamation loan that was made in connection with
the construction of the Sanford Dam and Reservoir Project (at Lake Meredith, the City's principal water supply). This fanancing
was enabled through passage of legislation by the U.S. Congress in 1998, and is expected to result in reduced payments by the
City with respect to the 1999 debt, as opposed to its existing contractual obligations. This fmancing is expected to result in an
increase in the City's Waterworks System debt payments, but an equal or greater reduction in the City's water purchase expense,
as, essentially, the transaction is a conversion of long-term operating expenses to debt. See "The Systems-Waterworks System."
In addition to the financing described above, the City intends to issue approximately $23 million in combination tax and
waterworks system revenue certificates of obligation in the spring of 1999 for the purpose of funding its share of the CRMW A
North Panhandle Water Project. See "The Systems-Waterworks System." The City also has included the issuance of
approximately $6 million in combination tax and revenue certificates of obligation in early 1999 to fund the acquisition of
approximately 4,000 acres of land for use as an effluent discharge zone for the Sewer System and approximately $7,420,000 in
general obligation bonds for various general purpose City capital projects in the summer of 1999, assuming that the prospective
bond election discussed above is held and is approved by the voters.
In future years, the City's current five-year capital improvement plan indicates the issuance of additional tax-supported debt for
the Waterworks System, the Sewer System, the City's drainage utility and the municipal airport. In accordance with the City's
financial policies, the debt issued for these enterprise funds, although issued in the form of tax-supported bonds or certificates of
obligations. would be expected to be self sufficient from operating revenues of each of the respective enterprise funds.
TABLE ll-OTIIER OBLIGATIONS
The City has a lease agreement for the acquisition of radio equipment. As of9-30-98 requirement for this lease was:
Fiscal Year Balance
Ending Less: Outstanding
Payable from: 9-30-99 Interest 9-30-98
Communications Fund
Radio Equipment $ 592,762 $ 15,623 $ 577,139
PENSION FUNDS •.. TExAs MUNICIPAL RETIREMENT SYSTEM (1)(2) ... All permanent, full-time City employees who are not
firefighters are covered by the Texas Municipal Retirement System. The System is an agent, multiple-employer, public-
30
employee retirement system which is covered by a State statute and is administered by six trustees appointed by the Governor of
Texas. The System operates independently of its member cities.
The City of Lubbock joined the System in 1950 to supplement Social Security. All City employees except fuefighters are
covered by Social Security. Options offered under the System, and adopted by the City, include current, prior and antecedent
service credits, ten year vesting, updated service credit, occupational disability benefits and survivor benefits for the spouse of a
vested employee. An employee who retires receives an annuity based on the amount of the employees contributions over-
matched two for one by the City. Employee contribution rate is 6% of gross salary. Beginning October 11, 1997, employee
contribution rate is 7% of gross salary. The City's contribution rate is calculated each year using actuarial techniques applied to
experience. The 1998 contribution rate was 13.96%. The 1998 contribution rate is 14.12o/o. Enabling statutes prohibit any
member city from adopting options which impose liabilities that cannot be amortized over 25 years within a specified statutory
rate.
On December 31, 1997, assets held by the System, not including those of the Supplemental Disability Fund which is "pooled",
for the City of Lubbock were $119,895,026. Unfunded accrued liabilities on December 31, 1997 were $33,500,994, which is
being amortized over a 25-year period beginning January, 1997. Total contributions by the City to the System for Calendar Year
1997 were $5,716,125.
FIREMEN'S RELIEF AND RETIREMENT FuND (1) ••• City of Lubbock firefighters are members of the locally administered Lubbock
Firemen's Relief and Retirement Fund, operating under an act passed in 1937 by the State Legislature and adopted by City
fuefighters, by vote of the department, in 1941. Firefighters are not covered by Social Security.
The Fund is governed by seven trustees, three firefighters, two outside trustees (appointed by the other trustees), the Mayor or
his representative and the chief fmancial officer or his representative. Execution of the act is monitored by the Firemen's
Pension Commissioner, who is appointed by the Governor.
Benefits of retired firemen are determined on a "formula" or a "final salary" plan. Actuarial reviews are performed every two
years, and the fund is audited annually. Firefighters contribute 11% of :full salary into the fund and the City must contribute a
like amount; however, the city contributes on a basis of the percentage of salary which is a ratio adjusted annually that bears the
same relationship to the firefighter's contribution rate that the City's rate paid into the Texas Municipal Retirement System and
FICA bears to the rate other employees pay into the Texas Municipal Retirement System and FICA. The City's contribution rate
for 1998 was 16.400.4.
As of December 31, 1996, unfunded pension benefit obligations were $21,643,034 which is being amortized over a 13 year
period beginning January 1, 1997.
(1) For historical information concerning the retirement plans, see Appendix B, "Excerpts from the City's Annual Financial
Report"-Note #III, Subsection E, "Retirement Plans".)
(2) Source: Texas Municipal Retirement System, Comprehensive Annual Financial Report for Year Ended December 31, 1997,
"City of Lubbock. Texas".
31
FINANCIAL INFORMATION
TABLE 13 • GENERAL FuND REVENUES AND EXPENDITURE HISTORY
Fiscal Year Ended September 30,
Revenues 1998 199i1> 1996 1995 1994
Ad Valorem Taxes $ 23,271,939 $ 22,440,626 $ 21,776,739 $ 22,024,013 $ 20,211,459
Sales Taxes 24,914,523 24,251,491 22,827,516 20,082,629 19,467,903
Franchise Fees 7,128,034 5,438,688 5,180,874 5,168,825 5,247,351
Miscellaneous Taxes 675,694 687,574 171,555 159,171 631,158
Licenses and Permits 1,037,458 1,077,878 1,125,809 1,184,292 1,038,772
Intergovernmental 917,572 884,834 1,417,496 1,422,117 1,310,604
Charges for Services 4,016,475 3,522,397 2,725,584 2,420,122 2,326,521
Fines 3,313,233 3,460,453 3,144,431 2,339,288 2,141,811
Miscellaneous Taxes 1,011,559 1,118,578 1,677,201 1,910,355 1,496,574
·Interest 1,239,562 1,623,818 1,884,037 1,930,103 1,242,134
Operating Transfers <2l 16,030,636 15,284,140 13,765,839 13,210,213 13,810,921
Total Revenues and Transfers $ 83,556,685 $ 79,790,477 $ 75,697,081 $ 71,851,128 $ 68,925,208
Expenditures
General Government '$ 5,762,283 $ 5,003,806 $ 3,462,253 $ 3,180,655 $ 2,731,960
Financial Services 1,196,779 1,405,675 1,834,463 1,780,443 2,071,418
Management Services 389,583 2,526,119 2,320,670 1,989,477
Development Services 7,041,640 6,716,104 6,662,148
Public Safety & Service 50,891,276 48,339,953 47,253,201
Non-departmental 1,125,310 1,040,419 894,426 963,205 661,181
Health & Community Services 4,519,880 4,398,348
Strategic Planning .774,878 727,448
Culture/Leisure Services 12,667,406 12,347,987
Police 22,013,906 20,519,946
Fire 14,468,027 13,897,682
Infomiation & Comm. Services 832,554
Transportation Services 5,007,496 4,993,564
Electric Utilities 1,848,283 1,778,824
Human Resources 810,997 831,758
Operating Transfers 12,454,461 11,211,948 9,029,782 5,641,61S 5,194,276
Total Expenditures $ 83,039,289 $ 78,989,959 $ 75,679,959 $ 68,942,645 $ 66,563,661
Excess of Revenues and Transfers
(in) Over Expenditures (out) $ 517,396 $ 800,518 $ 17,122 $ 2,908,483 $ 2,361,547
Fund Balance at Beginning of Year 18,472,903 17,672,385 17,655,263 14,746,780 12,385,233
Fund Balance at End of Year $ 18,990,299 $ 18,472,903 $ 17,672,385 $ 17,655,263 $ 14,746,780
Less: Reserves and Designations (J) (5,442,847) (4,997,379) (4,974,060) (701,640) (1,056,628)
Undesignated Fund Balance $ 13,547,452 $ 13,475,524 $ 12,698,325 $ 16,953,623 $ 13,690,152
(1) The presentation of the City's General Fund income statements in its audited financial statements was changed in 1997,
resulting in different categorizations of expenditure items.
(2) The City's fmancial policies provide for transfers to the General Fund from the City's enterprise funds. The policies provide
that the water, waste water and solid waste funds transfer an amount sufficient to cover the pro rata share of the City's general and
administrative expenses, an amount representing a franchise payment equal to 3% of gross receipts and an amount representing a
payment in lieu of ad valorem taxes. The Electric System makes transfers for the foregoing purposes, and. in addition, makes a
transfer reflecting the System's share of street lighting expense.
(3) The City's fmancial policies target a General Fund balance of at least two months of General Fund expenditures. Amounts
representing fund balances in excess of the target are reserved for future capital expenditures.
32
TABLE 14 • MUNlCIPALSALESTAXHlSTORV
The City has adopted the Municipal Sales and Use Tax Act, VTCA. Tax Code. Chapter 321, which grants the City the power to
impose and levy a 1% Local Sales and Use Tax within the City; the proceeds are credited to the General Fund and are not
pledged to the payment of the Bonds. In addition, in January, 1995, the voters of the City approved the imposition of an
additional sales and use tax of one-eighth of a cent as authorized by VTCA. Tax Code, Chapter 323, as amended. Collection for
the additional tax commenced in October, 1995 with the proceeds from the one-eighth cent sales tax designated for the use and
benefit of the City to replace property tax revenues lost as a result of the adoption of the tax. Collections and enforcements of
the City's sales tax are effected through the offices of the Comptroller of Public Accounts, State of Texas, who remits the
proceeds of the tax, after deduction of a 2% service fee, to the City monthly. Revenue from the City's Local Sales and Use Tax,
for the years shown, has been:
Fiscal
Year %of
Ended Total Ad Valorem
9/30 Collected<'> Tax Levy -1994 $ 19,467,903 62.13%
1995 20,082,629 61.83%
1996 (2) 22,827,516 72.16%
1997 (2) 24,251,491 74.35%
1998 (2) 24,914,523 73.68%
(I) Excludes bingo tax receipts.
(2) Beginning in 1996, the tax rate increased from 1% to 1 118%:
(3) Based on population estimates of the City.
The sales tax breakdown for the City is as follows:
City: ·
City Sales & Use Tax
Property Tax Relief
County Sales & Use Tax
State Sales & Use Tax
Total
CAPITAL IMPROVEMENT PROJECI'S PROGRAM
Equivalent of
Ad Valorem
Tax Rate
$ 0.3964
0.3948
0.4228
0.4356
0.4273
1.000¢
0.125¢
0.500¢
6.250¢
7.875¢
Per
Capita (J)
$ 102.44
105.13
118.24
122.44
126.39
The City Council adopted a resolution during the 1984-85 budget process establishing permanent capital maintenance funds for
capital projects. In order for a project to be funded as a capital project it must have a cost of $25,000 or more and a life of seven or
more years. Many of the projects require more than one year of completion and are accounted for on a life to date basis. For fiscal
year ending 9-30-98, the City Council has approved $27,239,912 in expenditures for capital projects. The Capital Projects Funds
budget for 1998-1999 also identifies an additional $157,141,000 in future improvements_ over the four succeeding fiscal years,
including $37,640,100 to be financed through the issuance of,debt. The balance of the capital expenditures are anticipated to be
funded from reserves or current year revenue sources.
FINANCIAL POLlCIES
Basis of Accounting .•. The accounting. policies of the City conform to generally accepted accounting principles of the
Governmental Accounting Standards Board and program standards adopted by the Government Finance Officer's Association of
the United States and Canada ("GFOA "). The GFOA has awarded a Certificate of Achievement for Excellence in Financial ·
Reporting to the City for each of the fiscal years ended September 30, 1984 through September 30, 1997. The City's 1998
report will be submitted to GFOA to determine its eligibility for another certificate.
Gen2rol Fund Balance ... The City's objective is to achieve and maintain a General Fund balance equivalent to two months
operating costs of the General Fund Budget. The City believes that such a reserve will be sufficient to provide financing for
necessary projects, unanticipated contingencies, and fluctuations in anticipated revenues.
33
Enterprise Fund Balance .. .It is the policy of the City to maintain retained earnings equal to three months operating expense
and debt requirements in each enterprise fund, including that for the System, for unforeseen contingencies. The City's financial
policy provides that such retained earnings shall be accumulated over a ten year period, which commenced in 1996. Resources
are also retained in the System's rate stabilization fund to meet shortfalls in revenues or fluctuating rate environments and may be
allocated if there are not sufficient resources in unreserved/undesignated retained earnings.
Enterprise Fund Revenues ..• It is the policy of the City that each enterprise fund, including the System, be operated in a manner
that results in self sufficiency, without the need for additional monetary transfers from other funds. Such self sufficiency is to be
obtained through the rates, fees and charges of each enterprise fund. For purposes of determining self sufficiency, cost recovery
for each enterprise fuhd includes direct operating and maintenance expense, as well as indirect cost recovery, in-lieu of transfers
to the General Fund for property and franchise tax payments, capital expenditures and debt service payments, where appropriate.
Debt Service Fund Balance . . . A reasonable debt service fund balance is maintained in order to compensate for unexpected
contingencies.
Budgetary Procedures ... The City follows these procedures in establishing operating budgets:
1) Prior to August 1, the City Manager submits to the City Council a proposed operating budget for the fiscal year
commencing the following October 1. The operating budget includes proposed expenditures and the means of financing
them.
2) Public hearings are conducted to obtain taxpayer comments.
3) Prior to October 1 the budget is legally enacted through passage of an ordinance.
4) The City Manager is authorized to transfer budgeted amounts between departments and funds. Expenditures may not
legally exceed budgeted appropriations at the fund level.
5) Formal budgetary integration is employed as a management control device during the year for the Convention and
Tourism, Criminal Investigation, and Capital Projects Funds. Budgets are adopted on an annual basis. Formal budgetary
integration is not employed for Debt Service funds because effective budgetary control is alternatively achieved through
general obligation bond indenture and other contract provisions.
6) The Budget for the General Fund is adopted on a basis consistent with generally accepted accounting principles
("GAAP").
7) Appropriations for the General Fund lapse at year end. Unencumbered balances for the Capital Projects Funds continue
as authority for subsequent period expenditures.
8) Budgetary comparison is presented for the General Fund in the combined financial statement section of the
Comprehensive Annual financial Report.
The City has received the Distinguished Budget Presentation Award from the GFOA for the following budget years beginning
October 1: 1983-88 and 1990-97. ·The City will submit the current budget to the GFOA to determine its eligibility for another
award.
Insurance ... Except for Airport liability insurance. the City is self-insured for liability, workers' compensation, and health
benefits coverage. Insurance policies are maintained with large deductibles for fire and extended coverage and boiler coverage.
An Insurance Fund has been established in the Internal Service Fund to account for insurance programs and budgeted transfers
are made to this fund based upon estimated payments for claim losses.
At 9-30-98 the reserves had the following balances:
Reserve for self-insurance -health
Reserve for' self-insurance-risk management
INvEsTMENTS
$
$
1,050,544
5,136,957
The City of Lubbock invests its investable funds in investments authorized by Texas law in accordance with investment policies
approved by the City Council of the City of Lubbock. Both state law and the City's investment policies are subject to change.
34
LEGAL INvl:sTMENTs •.. Under Texas law, the City is authorized to invest in (I) obligations of the United States or its agencies and
instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) ·collateralized mortgage
obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed
by an agency or instrumentality of the United States, ( 4) other obligations, the principal of and interest on which are unconditionally
guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies
and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to
investment quality by a nationally recognized investment rating firm not less than A or its equivalent, (6) certificates of deposit that
are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the
preceding clauses or in any other manner and amount provided by law for City deposits, (7) certificates of deposit and share
certificates issued by a state or federal credit union domiciled in the State of Texas that are guaranteed or insured by the Federal
Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. or are secured as to principal by obligations
described in the clauses (1) through ( 5) or in any other manner and amount provided by law for City deposits, (8) fully collateralized
repurchase agreements that have a defined termination date, are fully secured by obligations described in clause (1), and are placed
through a primary government securities dealer or a financial institution doing business in the State of Texas, (9) bankers'
acceptances with the remaining term of270 days or less, if the short-term obligations of the accepting bank or its parent are rated at
least A-t or P-1 or the equivalent by at least one nationally recognized credit rating agency, (10) commercial paper that is rated at
least A-1 or P-1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit
rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank, (1 1) no-load money market
mutual funds regulated by tlie Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90
days or less and include in their investment objectives the maintenance of a stable net asset value of$1 for each share, and (12) no-
load mutual funds registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two
years; invests exclusively in obligations described in the preceding clauses; and are continuously rated as to investment quality by at
least one nationally recognized investment rating firm of not less than AAA or its equivalent.
The City may invest in such obligations directly or through government investment pools that invest solely in such obligations
provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service.
The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose
payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest; (3)
collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage
obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
INvEsTMENT POLICIES ... Under Texas law, the City is required to invest its funds under written investment policies that primarily
emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of
investment management; and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any
individual investment and the maximum average dollar-weighted maturity allowed for pooled fund groups. All City funds must be
invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment.
Each Investment Strategy Statement will describe its objectives concerning: ( 1) suitability of investment type, (2) preservation and
safety of principal, (3) liquidity, ( 4) marketability of each investment, (5) diversification of the portfolio, and ( 6) yield.
Under Texas law, City investments must .be made "with judgment and care, under prevailing circumstances, that a person of
prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for
investment, considering the r>robable safety of capital and the probable income to be derived." At least quarterly the investment
officers of the City shall submit an investment report detailing: (1) the investment position of the City, (2) that all investment officers
jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending
value of each pooled fund group, ( 4) the book value and market value of each separately listed asset at the beginning and end of the
reporting period. (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group for which each
individual investment was acquired, and (7) the compliance of the investmerit portfolio as it relates to: (a) adopted investment.
strategy statements and (b) state law. No person may invest City funds without express written authority from the City Council.
ADDmoNAL PRoVISIONS ••• Under Texas law the City is additionally required to: (I) annually review its adopted policies and
strategies; (2) require any investment officers' with personal business relationships or relatives with fums seeking to sell.securities to
the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (3) require the
registered principal of firms seeking to sell securities to the City to: (a) receive and review the City's investment policy, (b)
acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and (c)
deliver a written statement attesting to these requir~ents; ( 4) perform an annual audit of the. management controls on investments
and adherence to the City's investment policy; (5) provide specific investment training for the Treasurer, Chief Financial Officer and
investment officers; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse
repurchase agreement funds to no greater than the term of the reverse repurchase agreement; (7) restrict the investment in mutual
funds in the aggregate to no more than 800.4 of the City's monthly average fund balance, excluding obligation proceeds and reserves
and other funds held for debt service and further restrict the investment in non-money market mutual funds of any portion of
obligation proceeds, reserves and funds held for debt service and to no more than 15% of the entity's monthly average fund balance,
35
excluding obligation proceeds and reserves and other funds held for debt service; and (8) require local government investment pools
to conform to the new disclosure. rating, net asset value, yield calculation, and advisory board requirements.
TABLE 15 -CURRENT INvESTMENTS
As of9-30-98, the City's investable funds were invested in the following categories:
&timted Fair
Book Val~ Mllket Vat~<l>
Weigbled
%ofT «a! %ofT «a! Average
1)pe Iii' VB Val~ Book Val~ Val~ Book Val~ Miurity (lltys)
Ulited Stlies Treasu!y Wiga!ioos $56,000,00) $ S6,ffJA,Ol7 32.80'/o $ S6,827,SOO 33.00"1o 384
Ulited Stlies 1\gJ::lv;y <llligalioos 30,000,00) 29,991,382 17.5<1'1o 30,167,417 17.5<1'1o 359
Bank O:rtifia£:s ofll:pa;it 283,600 283,600 OHio 283,600 OHio 286
Coom:rcial Paper 25,000,00) 24,81»,582 14.50'1o 24,81o,2SO 14.5<1'1o 41
lDgic (local gow:mm:rd: irM:slm::nt pool) 59,896,3S1 59,&96,351 35.00"1o 59,&96,351 34.80'/o
$ 171,1?1,951 $ 1 '70,.9'}),942 100.00"1o $ 171,985,118 100.00"1o 197
(1) As determined by Patterson & Associates, the City's investment advisor. As of such date, the market value of such
investments was approximately IOO.OOOAI of their book value. No funds of the City are invested in mortgage-backed securities.
The City holds all investments to maturity which minimizes the risk of market price volatility.
36
THE SYSTEMS
Debt Service on the Certificates will be provided from surplus net revenues of the City's Waterworks System and the Sewer
System; and the City anticipates that 100% of the debt service payment for the Certificates will be paid with surplus net revenues
ftom said systems. The following is a description of the Waterworks System and the Sewer System. The Waterworks System
and the Sewer System are operated as separate enterprise funds of the City, and are not combined as a common fmancing system.
WATERWORKS SYSTEM
The property, plant and equipment of the City's Waterworks System are valued at over $163,616,381, after depreciation and
including cost of construction work·in·progress. Equipment includes remote control and communication facilities with
centralized operation and direction of the water supply system. The distribution system extends throughout the City and is
designed for expansion. Present pumping capacity is I 06 million gallons a day ("mgd").
The City's raw water treatment plant also treats Canadian River Municipal Water Authority raw water deliveries for the cities of
Brownfield, Lamesa, Levelland, O'Donnell, Slaton and Tahoka prior to CRMW A delivery to those cities. Under contractual
agreements with these cities, Lubbock is fully reimbursed for all costs of this treatment, including capital costs and debt service;
the combined percentage in treatment plant costs for these cities is 20.34%.
Water Supply ... The primary source of water for Lubbock is the CRMWA, which delivers raw water from its Lake Meredith
reservoir, located on the Canadian River about 50 miles north of Amarillo and about 170 miles north of the City, to member
cities through an underground aqueduct system. Lubbock received 31,865 acre feet of water from CRMWA in Calendar Year
1997, approximately 78% of its total consumption. The CRMWA's Sanford Dam and Reservoir Project (Lake Meredith) was
constructed pursuant to a contract with the U.S. Bureau of Reclamation dated November 28, 1960, as amended. The City, as a
participating member, has contracted with the CRMW A to pay its pro-rata portion of the total reimbursable cost of the project.
Payments under the contract commenced in 1969, and are payable in annual installments of$1,351,543, including interest of
2.632% until the year 2018. The City anticipates that it will prepay its portion of the Bureau of Reclamation loan with funds
provided through the issuance of a bond issue in the spring of 1999. See "Debt Information-Anticipated Issuance of General
Obligation Debt." In addition to the pra.rata portion of construction cost, the City pays an annual operating and maintenance
charge to CRMWA of certain fixed and variable expenses. Lubbock is one of eleven member cities of CRMW A; the other
members are Amarillo, Pampa, Borger, Plainview, Slaton, Levelland, Brownfield, Tahoka, O'Donnell and Lamesa. Member
cities make payment for water received from.revenues derived from operation of their respective waterworks systems.
On average, Lake Meredith water has provided 800.10 to 85% of Lubbock's water supply needs annually, with the balance of IS%
to 200.10 being supplied by well water from the city-owned well field in Bailey County. Because of recent drought conditions, the
ratio of surface water to groundwater has been approximately 700.10 to 30%. For many years, Lubbock has received 80%
allocation from Lake Meredith, or approximately 9.9 billion gallons per year.
In 1996, CRMWA member cities elected to participate in the North Panhandle Water Project (the "Project"). The Project
involves the purchase by CRMW A of 42,765 acres of water rights northeast of Borger, Texas. Following the drilling of the
wells and construction of the pipelines and other improvements, this groundwater will be pumped to the CRMW A pipeline
where it will be blended with surface water from Lake Meredith and delivered to member cities, including Lubbock. Following
completion of the Project, which is presently planned for Spring 2001, Lubbock can anticipate 100% allocation from CRMWA,
or a total of almost 12.5 billion gallons per year. This amount is comparable to Lubbock's average water demand over the past
IS years.
Other benefits of the Project include: improving the quality of water available to Lubbock, conserving water in the Bailey
County well field, which provides the City with a ground water supply, and postponing the need for water from the Lake Alan
Henry reservoir (described below) until well into the next century.
The total cost of the Project is now estimated to be $81 million, of which Lubbock's share is approximately $30.2 million, based
on the ·allocated share of water from the reservoir. Lubbock's share of the water rights acquisition (which represents
approximately 25% of the total Project cost), approximately.$7.1 million, was funded from existing water funds. The City's
portion of the Project's construction cost, approximately $23.1 million, will be financed by certificates of obligation which will
require a rate increase of not more than IS%. The City anticipates that it will issue the certificates of obligation in the spring of
1999. See "Debt Information-Anticipated Issuance of General Obligation Debt." State law provides that the City may issue
certificates of obligation independently of the CRMW A, which is expected to reduce the amount that the City must pay in
interest payments. The rate increase will be phased in over three years with 6% planned in 1999-2000, 6% in 2000-2001 and 3%
in 2001-2002.
Other Surface Water Supply Sources ... In 1994, the Brazos River Authority, on behalf of Lubbock, completed construction of
the John T. Montford Dam, in order to impound a conservation reservoir, known as the Lake Alan Henry reservoir, on the South
37
Fork of the Double Mountain Fork of the Brazos River. The Lake Alan Henry reservoir, located about 6S miles southeast of
Lubbock, was planned and constructed to enhance the provision of estimated long term water supply needs. Lubbock has
contracted with the BRA for the maintenance of the dam and operation of the reservoir.
On May 11, 1989, the City entered into a contract with the BRA. to extend the life of the revenue bonds issued by the BRA to
implement the construction of the Montfort Dam and Lake Alan Henry. As of August 31, 1998, the outstanding principal
.balance of the BRA revenue bonds was $S4,730,000. Under its contract with the BRA. the City each year pays to the BRA: (a)
amounts sufficient to pay debt service; (b) maintenance and operations costs; and (c) management fees. In addition, the City will
buy and pay for the entire amount of water which can be supplied by the project whether or not used. Payments under the
contract constitute operating expenses of the City's Waterworks System, payable from gross revenues of the Waterworks System.
The City and the BRA are discussing various options to reduce the City's payment obligations under the contract.
Based on average rainfall runoff conditions, it is estimated that the reservoir will fill to normal pool elevation or operating depth
by the year 2000. At conservation storage, the reservoir will contain IIS,937 acre-feet of water; mean depth at conservation
storage will be approximately 40 feet; maximum depth at the dam will be approximately 90 feet. The contributing drainage or
watershed area is an estimated 394 square miles. Presently the reservoir has impounded water to a depth of approximately 43
feet at the dam. The reservoir cannot be completely filled until certain mineral rights in the Lake Henry Allen site have been
acquired. The City is presently in litigation to acquire the mineral rights. While the cost of the mineral rights have not been
determined, the City believes that the cost, when determined, will not represent a materially adverse amount to the City.
In 1988, future population and water demand estimates for Lubbock, projected by the Texas Water Development Board,
indicated a 60 to 78 percent increase in Lubbock's population by the year 2040. Recent updates reveal a more likely growth rate
of approximately O.S% increase per year, or an estimated 300/o increase in population during this same time period. Due to the
City's participation in the North Panhandle Project, construction of the associated facilities necessary to bring the Lake Alan
Henry water to the City (pipeline, pump stations, and an additional water treatment plant) has been delayed until use of this
water supply resource is required to meet water demand. The Lake Alan Henry reservoir is a valuable asset as. a long-range
water supply for the citizens of the City.
Findings of a 1978 engineering report estimated that the reservoir would have a firm yield of 26,1 00 acre-feet per year when. it
fills initially, and 20,600 acre-feet per year after SO years of operation. If the reservoir is operated with a variable rate of
demand, an estimated acreage yield of 30,200 acre-feet per year could be withdrawn initially. After SO years of operation, the
variable-demand yield would decrease to 27,000 acre-feet per year. This will provide the City with a reliable water supply of
23.3 MGD and an average water supply of26.9 MGD.
Assuming a worst case scenario of a 6S% allocation from CRMW A (21.1 mgd), an average withdrawal from the SandHills Field
in Baily County, Texas (8.9 mgd), and a firm yield from the Lake Alan Henry reservoir (23.3 mgd), the City would have a
reliable water supply of S3.3 mgd, which would be sufficient to meet projected average water demands through approximately
the year 2040. Based on water demand figures of l8S gallons per person per day, the projected water demand for the year 2040
is an average 40.9 mgd.
In order to optimize the value of the Lake Alan Henry reservoir, the City in 1997 began constructing recreational improvements
on the S80-acre "Public Access Area" located on the North Shore of the reservoir. To date Lubbock has constructed a four-lane
boat ramp, a paved road, a parking lot, a boat dock and a fishing pier. In order to defray the cost of maintaining the reservoir as
a recreational facility, the City implemented a user fee schedule in March, 1997. Revenue from user fees during 1998 is
estimated to be $84,000.
Ground Water Supply ... Approximately 20"/o the City's water is obtained from 2S1 wells, all producing from the Ogallala
formation, which underlies the High Plains of Texas. The wells are used primarily for peaking purposes. Except for the addition
of chlorine, the City's ground water does not require treatment before it is introduced into the water distribution system.
Wellhead Protection ... Lubbock initiated the Wellhead Protection Program ("WHP") in response to a growing need to maintain
its existing groundwater supply and to protect it from environmental harm. And in the face of recent droughts, water has become
the most precious resource in West Texas. Phase I of the WHP began in 1994 when Lubbock and the League of Women Voters
recruited and trained citizen volunteers. These volunteers, working with a map of Lubbock's 23S water supply wells, surveyed
land owners and identified possible sources of contamination located on their property. This extensive effort revealed possible
contamination that ranged from abandoned water wells and underground storage tanks to auto salvage yards and municipal
sewage lines.
As a result of Phase I activities, the Texas Natural Resource Conservation Commission {"1NRCC") began pursuing a federal
grant from the Environmental Protection Agency ("EPA") for the purpose of conducting non-point source pollution prevention
and reduction activities. Prior to pursuing this grant, the TNRCC approached the City to encourage its participation in a
38
$161,000 project to establish a wellhead protection program for its public water supply wells. On September 14, 1995, the City
Council authorized the City's participation in the WHP. ·
Sixty percent of funding for this project ($96,000) is provided by the TNRCC from federal funds and Lubbock will provide the
remaining 400AI ($64,400) from local, non-federal funds. This match may be in the form of "in-kind" services, such as staff time
devoted to the project. This grant will fund Phases nand III of the WHP, which are presently being undertaken.
Phase II of the WHP involves verifying and digitizing the public water supply wells and the potential sources of contamination
using Geographic Information System ("GIS") and Global Positioning System ("GPS") technology. The GPS technology will be
purchased through this program. After the wells and potential contamination sources are digitally located, the areas with the
greatest potential for contamination will be prioritized. It is these "vulnerable areas" that will receive the most immediate
attention.
Phase III of the WHP involves implementing the appropriate management practices required to protect public water supplies.
The primary focus of the WHP is public education and outreach. While effo:rts will be concentrated on the areas designated as
"vulnerable", neighborhood associations, businesses, and special interest groups throughout Lubbock may be included in
pollution prevention and reduction activities at some level.
Public Education Program... In an effort to minimize the need to acquire more water sources, the City implemented a youth
education program in 1997. The goal of this program is to teach water conservation techniques to elementary children in the
Lubbock Independent School District; bring an awareness to elementary children about water treatment, water reclamation, and
disposal of treated effluent by land application; to promote the protection of groundwater through education about water
percolation and the impacts of illegal dumping of oil gasoline, and other pollutants that eventually contaminate groundwater.
The City's average daily residential water usage of approximately 170 gallons per capita per day ("GPCD") is higher than the
state's average of 167 GPCD. Lubbock is situated in an arid region which requires more water per capita for landscape irrigation
than many parts of the state. By implementing a youth education program, Lubbock hopes to make its children, the future
consumers of the utility, aware of limitations in water supplies and the need to conserve these supplies.
Water Treatment Facilities ... The water treatment plant for the treatment of raw water received from CRMWA has a design
capacity of 61.4 mgd and a maximum hydraulic capacity of 75 mgd. The plant has a 1,200 acre-feet open storage reservoir
which permits storage of raw water during "otT-peak" periods, and 8.5 million gallons ("mg") clearwell storage for treated water.
Water Storage ... Storage capacity includes a 1,200 acre-foot open storage reservoir near the water treatment plant, which permits
the storage of surplus water received from the CRWMA in otT-peak periods. In addition; 13 storage reservoirs and 5 elevated
steel storage tanks provide storage capacity of 66,750,000 gallons, entirely adequate for peak hours and fire protection
requirements.
Water Distribution Facilities ... The City's water distribution system includes approximately 1,198 miles of distribution lines,
237 miles of water supply lines and 3,534 fire hydrants.
TABLE 16-MON111LY WATER RATES (EFFECJ'IVE 10-1-94)
Base Rate (t)
3/4" meter
1" meter (single family residential)
I" meter (other than residential)
Flow Rate Charge per 1.000 Gallons
Single Family Residential
Multi-Family Residential
Commercial
Schools
Sprinkler System
$ 8.06
10.26
17.21
$1.48
1.25
1.36
1.40
1.85
(I) The Base Rate is for water service; higher Base Rates apply to larger meters ranging from 1.5" to 10".
39
TABLE 17-HISTORICAL WATER CONSUMPTION (MILLION GALLONS)
(1) Estimated consumption.
Calendar
Year
1994
1995
1996
1997
1998 (1)
Average Daily
Consumption
37.430
40.610
29.440
30.070
43.900
Maximum
Consumption
Day/Year
74.981
79.537
66.708
63.372
84.173
TABLE 18 -WATERWORKS SYSTEM CONDENSED STATEMENT OF OPERATIONS
Fiscal Year Ended September 30,
1998 1997 1996 1995
REVENUE
Operating Revenues $ 29,125,673 $ 25,441,028 $ 27,2ll,l14 $ 28,040,656
Non-Operating Revenues 1,663,078 960,963 1,739,512 1,520,075
Gross Revenues $ 30,788,751 $ 26,401,991 $ 28,950,626 $ 29,560,731
EXPENSE
Operating Expense (I) $ 18,710,947 $ 17,356,117 $ 16,751,996 $ 16,910,574
Net Revenues $ 12,077,804 $ 9,045,874 $ 12,198,630 $ 12,650,157
Water Meters 69,196 66,405 66,222 66,405
1994
$ 27,979,503
1,344,153
$ 29,323,656
$ 16,724,656
$ 12,599,000
65,603
(1) Operating expense includes construction repayment costs and.operating and maintenance charges paid to CRMWA and BRA
and excludes depreciation and capital expenditures.
Note: The City has no outstanding or authorized Waterworks System Revenue Bonds, however, there is $33,591,729 general
obligation debt outstanding (includes the Obligations, excludes the Refunded Obligations) which was issued for water system
purposes on which annual debt service is provided from revenues of the System (see "Table 10-Computation of Self-Supporting
Debt"). It is the City's policy and intention to maintain rates and charges for water service that will provide net revenues of the
System that will fully provide for debt service on general obligation debt issued for Waterworks System purposes over the life of the
present System general obligation and any additional Waterworks System general obligation debt issued in the future.
SEWER SYSTEM
The Collection System ... The sanitary sewage collection system, which is handled separately from the storm drainage system,
includes approximately 816 miles of sanitary sewer gravity flow and force main lines with trunk mains installed for future expansion
of the collection system and 20 lift stations with a pumping capacity of 10,335 gallons per minute.
Water Reclamation Facilities ... Treatment facilities consist of the Southeast Water Reclamation Plant, with an average daily flow
design capacity of25 million gallons and the Northwest Plant, with an average daily flow design capacity of 0.75 million gallons.
The Southeast Plant uses two processes for treatment: trickling filter and activated sludge. The Northwest Plant uses the contact
stabilization process for sewage treatment. The Northwest plant is currently inactive.
40
Wastewater Flows ...
Southeast ·
Fiscal Water
Year Reclamation
Ending Plant
9-30 (mgd)
1994 20.75
1995 21.32
1996 19.31
1997 19.05
1998 22.28(!)
( l) Estimated.
Effiuent Disposal. . . Treated effiuent is used for beneficial purposes; no effiuent is presently discharged into streams. Treated
effluent from the Southeast Water Reclamation Plant is used to irrigate two land-application sites:
(I) A site located adjacent to the City on the southeast, consisting of 5,997 acres owned by the City; storage capacity for
effiuent pending use for inigation is 412 million gallons.
(2) A 4,000 acre privately owned farmland site near Wilson, Texas, approximately 15 miles southeast of Lubbock:. There
is storage capacity of 780 million gallons at this site for effluent pending its use for irrigation.
Southwestern Public Service Company has a contract with the City to use qeated effiuent from the Southeast Plant for cooling
purposes in Southwestern Public Service Company's 512,000 kilowatt electric generating plant near Lubbock when the plant is in
use.
TABLE 19-MONTHLY SEWER RATES (EFFEcriVE 10·1·95)
Residential
Base Rate (I)
Flow Rate (Water Consumption)
Commercial/Industrial (l)
Base Rate (I)
Flow Rate (Water Consumption)
Present Rates
$3.19
1.33
$7.34
1.33
(I) The Base Rate is for sewer service; Base Rates shown are for a%" water meter; higher Base Rates apply to larger meters
ranging from 1" to I 0".
(2) Industrial waste that exceeds allowable limits is subject to a surcharge for treating biochemical oxygen demand ("B.O.D.") and
total suspended solids ("T.S.S."). Present surchange rates are B.O.D. $0.0549/lb. and T.S.S. $0.0287/lb; surchage rates effective 10.
1·93 B.O.D. $0.0596/lb and T.S.S. $0.0430/lb.
41
TABLE 10 • SEWER SYSTEM CONDENSED STATEMENT OF OPERATIONS
Fiscal Year Ended September 30,
1998 1997 1996 1995 1994
REVENUE
Operating Revenues $ 15,874,343 $ 15,332,893 . $ 15,200,091 $ 13,877,740 $ 13,037,157
Non-Operating Revenues 751,828 952,911 1,553,776 1,222,795 1,345,757
Gross Revenues $ 16,626,171 $ 16,285,804 $ 16,753,867 $ 15,100,535 $ 14,382,914
EXPENSE
Operating Expense (J) $ 6,632,390 $ 6,393,894 $ 5,917,556 $ 5,555,568 $ 4,942,491
Net Revenues $ 9,993,781 $ 9,891,910 $ 10,836,311 $ 9,544,967 $ .9,440,423
Sewer Connections 70,022 68,646 68,310 67,760 66,815
(l) Operating expense excludes depreciation and capital expenditures.
Note: The City has no outstanding or authorized Sewer System Revenue Bonds; however, there is outstanding $56,574,278 general
obligation debt (including the Obligations, excluding the Refunded Obligations) issued for sewer system purposes, on which debt the
annual debt service is provided from revenues of the System (see ''Table 10-Computation of Self-Supporting Debt"). It is the City's
policy and intention to maintain rates and charges for sewer service that will provide net revenues of the System that will fully
provide for debt service on general obligation debt issued for Sewer System purposes over the life of the present System general
obligation and any additional Sewer System general obligation debt issued in the future.
Billings ... Customers of Lubbock's water, sewer and sanitation systems are billed simultaneously on one statement; if the c~stomer is
connected to the City's electric system, electric charges are also included. All customers who do not pay their bill within 22 days of
the date it is mailed to them are charged a 5% late payment penalty. If the bill has not been paid on the next billing date, a statement
is mailed showing the past due bill together with the current bill. If the bill remains delinquent 7 days after the date of the second
statement, a reminder/cut-off notice is mailed., The cut-off notice specifies that service will be discontinued in 7 days if payment in
full is not made. At the end of the 7 day period, a field collector calls on the customer and if he is unable to collect payment, service
is cut off. The reconnection charge, including electric service if the customer is connected to the City's electric system, is $15.00
before 5:00PM and $25.00 after 5:00PM and during weekends and holidays. ·
42
TAX MATTERS
TAX ExEMPTION ... The delivery of the Obligations is subject to the opinions of Bond Counsel to the effect that interest on the
Obligations for federal income tax purposes (1) will be excludable from gross income, as defined in section 61 of the Internal
Revenue Code of 1986, as amended to the date of such opinion (the "Code"), pursuant to section 103 of the Code and existing
regulations, published rulings, and court decisions, and (2) will not be included in computing the alternative minimum taxable
income of the owners thereof who are individuals or, except as hereinafter described, corporations. The forms of Bond
Counsel's opinions are reproduced as Appendix C. The statute, regulations, rulings, and court decisions on which such opinion
is based are subject to change.
Interest on all tax-exempt obligations, including the Obligations, owned by a corporation will be included in such corporation's
adjusted current earnings for tax years beginning after 1989, for purposes of calculating the alternative minimum taxable income
of such corporation, other than an S corporation, a qualified mutual fund, a real estate investment trust, a real estate mortgage
investment conduit, or a financial asset securitization investment trust (F ASIT). A corporation's alternative minimum taxable
income is the basis on which the alternative minimum tax imposed by Section SS of the Code will be computed.
In rendering the foregoing opinions, Bond Counsel will rely upon representations and. certifications of the City made in a
certificate dated the date of delivery of the Obligations pertaining to the use, expenditure, and investment of the proceeds of the
Obligations and will assume continuing compliance by the City with the provisions of the respective Ordinances subsequent to
the issuance of the Obligations. The respective Ordinances contain covenants by the City with respect to, among other matters,
the use of the proceeds of the Obligations and the facilities financed therewith by persons other than state or local governmental
units, the manner in which the proceeds of the Obligations are to be invested, the periodic calculation and payment to the United
States Treasury of arbitrage "profits" from the investment of the proceeds, and the reporting of certain information to the United
States Treasury. Failure to comply with any of these covenants would cause interest on the Obligations to be includable in the
gross income of the owners thereof from date of the issuance of the Obligations.
Except as described above, Bond Counsel expresses no other opinion with respect to any other federal, state or local tax
consequences under present law, or proposed legislation, resulting from the receipt or accrual of interest on, or the acquisition or
disposition of, the Obligations. Prospective purchasers of the Obligations should be aware that the ownership of tax-exempt
obligations such as the Obligations may result in collateral federal tax consequences to, among others, financial institutions, life
insurance companies, property and casualty insurance companies, certain foreign corporations doing business in the United
States, S corporations with subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement
benefits, individuals otherwise qualifYing for the earned income tax credit, owners of an interest in a F ASIT, and taxpayers who
may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses
allocable to, tax-exempt obligations. Prospective purchasers should consult their own tax advisors as to the applicability of these
consequences to their particular circumstances.
TAX ACCOUNTING TREATMENT OF DISCOUNT AND PREMIUM ON CERTAIN OBLIGATIONS ... The initial public offering price of
certain Bonds or Certificates, or both, (the "Discount Obligations") may be less than the amount payable on such Obligations at
maturity. An amount equal to the difference between the initial public offering price of a Discount Obligation (assuming that a
substantial amount of the Bonds or Certificates, as the case maybe, of that maturity are sold to the public at such price) and the
amount payable at maturity constitutes original issue discount to the initial purchaser of such Discount Obligation. A portion of
such original issue discount allocable to the holding period of such Discount Obligation by the initial purchaser wilt, upon the
disposition of such Discount Obligation (including by reason of its payment at maturity), be treated as interest exclurnible from
gross income, rather than as taxable gain, for federal income tax purposes, on the same terms and conditions as those for other
interest on the Obligations described above under "Tax Exemption." Such interest is considered to be accrued actuarially in
accordance with the constant interest method over the life of a Discount Obligation, taking into account the semiannual
compounding of accrued interest. at the yield to maturity on such Discount Obligation and generally will be allocated to an
original purchaser in a different amount from the amount of the payment denominated as interest actually received by the
original purchaser during the tax y~ar.
However, such interest may be required to be taken into account in determining the alternative minimum taxable income of a
corporation, for purposes of calculating a corporation's alternative minimum tax imposed by Section SS of the Code, and the
amount of the branch profits tax applicable to certain foreign corporations doing business in the United States, even though there
will not be a corresponding cash payment. In addition, the accrual of such interest may result in certain other collateral federal
income tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance
companies, S corporations with "subchapter C" earnings and profits, individual recipients of Social Security or Railroad
Retirement benefits, individuals otherwise qualifYing for earned income tax credit, owners of an interest in a FASIT, and
taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred
certain expenses allocable to, tax-exempt obligations. Moreover, in the event of the redemption, sale or other taxable disposition
of a Discount Obligation by the initial owner prior to maturity, the amount realized by such owner in excess of the basis of such
43
Discount Obligation in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the
period for which such Discount Obligation was held) is includable in gross income.
Owners of Discount Obligations should consult with their own tax advisors with respect to the determination of accrued original
is8ue discoUnt on Discount Obligations for federal income tax purposes and with respect to the state and local tax consequences
of owning and disposing of Discount Obligations. It is possible that, under applicable provisions governing determination of
state and local iricome taxes, accrued interest on Discount Obligations may be deemed to be received in the year of accrual even
though there will not be a corresponding cash payment.
The initial public offering price of certain Bonds or Certificates, or both (the "Premium Obligations") may be greater than the
amount payable on such Obligations at maturity. An amount equal to the difference between the initial public offering price of a
Premium Obligation (assuming that a substantial amount of the Bonds or Certificates, as the case maybe, of that maturity are
sold to the public at such price) and the amount payable at maturity constitutes premium to the initial purchaser of such Premium
Obligations. The basis for federal income tax purposes of a Premium Obligation in the hands of such initial purchaser must be
reduced each year by the amortizable bond premium, although no federal income tax deduction is allowed as a result of such
reduction in basis for amortizable bond premium. Such reduction in basis will increase the amount of any gain (or decrease the
amount of any loss) to be recognized for federal income tax purposes upon a sale or other taxable disposition of a Premium
Obligation. The amount of premium which is amortizable each year by an initial purchaser is determined by using such
purchaser's yield to maturity.
Purchasers of the Premium Obligations should consult with their own tax advisors with respect to the determination of
amortizable bond premium on Premium Obligations for federal income tax purposes and with respect to the state and local tax
consequences of owning and disposing of Premium Obligations.
44
CONTINUING DISCLOSURE OF INFORMATION
In the Bond Ordinance and the Certificate Ordinance, the City has made the following agreement for the benefit of the holders
and beneficial owners of the Bonds and Certificates,· as the case maybe. The City is require.d to observe the agreement for so
long as it remains obligated to advance funds to pay the Obligations. Under the agreement, the City will be obligated to provide
certain updated financial information and operating data annually, and timely notice of specified material events, to certain
information vendors. This information will be available to securities brokers and others who subscribe to receive the
information from the vendors.
ANNUAL REPoRTS ••• The City will provide certain updated financial information and operating data to certain information
vendors annually. The information to be updated includes all quantitative financial information and operating data with respect
to the City of the general type included in this Official Statement under Tables numbered 1 through 6 and SA through 20 and in
Appendix B. The City will update and provide this information within six (6) months after the end of each fiscal year ending in
or after 1999. The City will provide the updated information to each nationally recognized municipal securities information
repository (''NRMSIR") and to any state information depository ("SID") that is designated by the State of Texas and approved by
the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the "SEC").
The City may provide updated information in full text or may incorporate by reference certain other publicly available
documents, as permitted by SEC Rule 15c2-12. The updated information will include audited financial statements, if the City
commissions an audit and it is completed by the required time. If audited financial statements are not available by the required
time, the City will provide unaudited financial statements by the required time and audited financial statements when and if such
audited financial statements become available. Any such financial statements will be prepared in accordance with the accounting
principles described in Appendix B or such other accounting principles as the City may be required to employ from time to time
pursuant to state law or regulation.
The City's current fiscal year end is September 30. Accordingly, it must provide updated information by March 31 in each year,
unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and the SID of the change.
The Municipal Advisory Council· of Texas has been designated by the State of Texas and approved by the SEC staff as a
qualified SID. The address of the Municipal Advisory Council is 600 West 8th Street, P. 0. Box 2177, Austin, Texas 78768-
2177, and its telephone number is 5121476-6947.
MATERIAL EVENT NOTICES ... The City will also provide timely notices of certain events to certain information vendors. The
City will provide notice o( any of the following events with respect to the Obligations. if such event is material to a decision to
purchase or sell Obligations: (I) principal and interest payment delinquencies; (2) non-payment related defaults; (3)
unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements
reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax
opinions or events affecting the tax-exempt status of the Obligations; (7) modifications to rights of holders of the Obligations;
(8) Obligation calls; (9) defeasances; ( 1 0) release, substitution, or sale of property securing repayment of the Obligations; and
(11) rating changes. Neither the Obligations nor the respective Ordinances make any provision for debt service reserves, credit
enhancements or liquidity enhancement. In addition, the City will provide timely notice of any failure by the City to provide
information, data, or financial statements in accordance with its agreement described above under "Annual Reports." The City
will provide each notice described in this paragraph to the SID and to either each NRMSIR or the Municipal Securities
Rulemaking Board ("MSRB").
AVAILABILITY OF INFoRMATION FROM NRMSIRS AND SID ... The City has agreed to provide the foregoing information only
to NRMSIRs and the SID. The information will be available to holders of Obligations only if the holders comply with the
procedures and pay the charges established by such information vendors or obtain the information through securities brokers
who do so.
LIMITATIONS AND AMENDMENTS •.• The City has agreed to update information and to provide notices of material events only as
described above. The City has not agreed to provide other information that may be relevant or material to a complete
presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided,
except as described above. The City makes no representation or warranty concerning such information or concerning its
usefulness to a decision to invest in or sell Obligations at any future date. The City disclaims any contractual or tort liability for
damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made
pursuant to its agreement, although holders of Obligations may seek a writ of mandamus to compel the City to comply with its
agreement.
The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from a
change in legal requirements. a change in law, or a change in the identity, nature, status, or type of operations of the City, if (i)
the agreement, as amended, would have permitted an underwriter to purchase or sell Obligations in the offering described herein
45
in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment,
as well as such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the
outstanding Obligations consent to the amendment or (b) any person unaffiliated with the City (such as nationally recognized
bond counsel) determines that the amendment will not materially impair the interests of the holders and beneficial owners of the
Obligations. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or
repeals the applicable provisions of the SEC Rule 15c2-l2 or a court of final jurisdiction enters judgment that such provisions of
the SEC Rule 15c2-12 are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Obligations in the primary offering of the Obligations.
If the City so amends the agreement, it has agreed to include with the next financial information and operating data provided in
accordance with its agreement described above under "Annual Reports" an explanation, in ria.rrative form, of the reasons for the
amendment and of the impact of any change in the type of financial information and operating data so provided.
COMPLIANCE WITH PRIOR UNDERTAKINGS .•• The City has complied in all material respects with all continuing disclosure
agreements made by it in accordance with SEC Rule 15c2-l2.
46
OrnER INFORMATION
RATINGS
The Obligations are rated "Aa2" by Moody's, "AA" by S&P and "AA" by Fitch. The City also has one issue of tax-supported
debt outstanding which is rated "Aaa" by Moody's and "AAA" by S&P through insurance by a commercial insurance company.
An explanation of the significance of such ratings may be obtained from the company furnishing the rating. The ratings reflect
only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings.
There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or
withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies, circumstances so
warrant Any such downward revision or withdrawal of such ratings, by either or both of them, may have an adverse effect on
the market price of the Obligations.
LITIGATION
It is the opinion of the City Attorney and City Staff that there is no pending litigation against the City that would have a material
adverse financial impact upon the City or its operations.
REGISTRATION AND QUALIFICATION OF OBLIGATIONS FOR SALE
The sale of the Obligations has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the
exemption provided thereunder by Section 3(a)(2); and the Obligations have not been qualified under the Securities Act of Texas
in reliance upon various exemptions contained therein; nor have the Obligations been qualified under the securities acts of any
jurisdiction. The City assumes no responsibility for qualification of the Obligations under the securities laws of any jurisdiction
in which the Obligations may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of
responsibility for qualification for sale or other disposition of the Obligations shall not be construed as an interpretation of any
kind with regard to the availability of any exemption from securities registration provisions.
LEGAL INvESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FuNDS IN TEXAS
Section 9 of the Bond Procedures Act provides that the Obligations "shan constitute negotiable instruments, and are investment
securities 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 Obligations 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. For political subdivisions in Texas which have adopted investment policies and guidelines in
accordance with the Public Funds Investment Act (V.T.C.A., Government Code, Chapter 2256), the Obligations may have to be
assigned a rating of" A" or its equivalent as to investment quality by a national rating agency before such obligations are eligible
investments for sinking funds and other public funds. No review by the City has been made of the laws in other states to
determine whether the Obligations are legal investments for various institutions in those states.
LEGAL OPINIONS
The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Obligations,
including the unqualified approving legal opinions of the Attorney General of Texas approving the Initial Obligation and to the
effect that the Bonds or Certificates, as the case maybe, are valid and legally binding obligations of the City, and based upon
examination of such transcript of proceedings, the approving legal opinions of Bond Counsel to like effect and to the effect that
the interest on the Bonds or Certificates, as the case maybe, will be excludable from gross income for federal income tax
purposes under Section 103(a) of the Code, subject to the matters described under "Tax Matters" herein, including the alternative
minimum tax on corporations. Bond Counsel was not requested to participate, and did not take part, in the preparation of the
Official Statement, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verifY
any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information
under captions "Plan of Financing", "The Obligations" (exclusive of the subcaptions "Book-Entry-Only System" and
"Bondholders' Remedies"), "Tax Matters" and "Continuing Disclosure oflnformation" (exclusive of the subcaption "Compliance
with Prior Undertakings") and the subcaptions "Legal Opinions" (except the last two sentences thereof) and "Legal Investments
and Eligibility to Secure Public Funds in Texas" in the Official Statement and such firm is of the opinion that the information
relating to the Obligations and the legal issues contained under such captions and subcaptions is an accurate and fair description
of the laws and legal issues addressed therein and, with respect to the Obligations, such information conforms to the respective
Ordinances. The legal fee to be paid to Bond Counsel for services rendered in connection with the issuance of the Obligations is
contingent on the sale and delivery of the Obligations. The legal opinion will accompany the Obligations deposited with DTC or
will be printed on the Obligations in the event of the discontinuance of the Book~Entry-Only System. Certain legal matters will
47
be passed upon for the Underwriters by McCall, Parkhurst & Horton L.L.P., Dallas, Texas, Counsel to the Underwriters. The
fees of Counsel to the Underwriters, are contingent upon the sale and delivery of the Obligations.
YEAR 2000 ISSUE
Possible Impact of the Issue. The Year 2000 issue results from computer programs that do not differentiate between the Year
1900 and the Year 2000 because they were written using two digits rather than four to define the applicable year; accordingly,
computer systems and equipment with embedded computer hardware that have time-sensitive calculations or functions may not
properly recognize the Year 2000. As described below, while the City is taking steps to assess the full scope of the Year 2000
issue on its operations, and it believes that it has identified the areas of its operations that it will need to modify (to the extent
that it has not· already done so), given the proliferation of computers and embedded computed processing devices or
"microchips" throughout virtually all aspects of the City's operations and in the general economic environment, in which the City
is only a small part, it is possible that despite all precautions taken, the Year 2000 computer issue will become manifest. The
description herein of the Year 2000 issue and the City's efforts to address the issue, is not intended to be a complete description
of the issue or all aspects of the City's response to the issue.
The Citv's Year 2000 Strategy. The City's Information Technology ("IT") employees began working to identify Year 2000
issues in the City's IT equipment and software during the 1995/96 fiscal year. In late 1997, City management, acknowledging
that the Year 2000 issue is not merely a "computer" issue, formally delegated responsibility within the City government to the
City's Information Technology Director for all computer hardware, software, radio and telephone issues, while the City
Manager's office assumed responsibility for embedded chips in the City's physical equipment, including, particularly, the City's
electric utility system, which serves approximately 65% of the electric customers in the City, as well as the other enterprise funds
of the City and the City's traffic control and public safety equipment. The City Manager's office then formed a Y2K Committee
that included three persons from each City department. The Y2K Committee conducted an embedded chip inventory of the City,
and in early 1998 the City solicited proposals for embedded chip consulting services to review the City's internal efforts and to
further evidence the City's good-faith effort to remedy any Year 2000 vulnerabilities. Based upon the requests for proposals and
the City's status as a provider of electric service to its residents, the City selected a consultant that has particular experience with
electric utilities. With the assistance of its consultant, the City believes it has identified and addressed embedded chips in the
City's mission critical operations. To date, the City has budgeted approximately $225,000 specifically for Year 2000
remediation. However, the City's total expenditures associated with the Year 2000 matter have been substantially greater, as the
City has absorbed many of the costs to date through departmental budgets, which include on-going technology upgrades of
various types that are made to enhance the efficiency of the City, but serve as well to replace hardware, software and equipment
that'may not be Year 2000-compliant. Among the items that the City has funded or is funding in the current fiscal year that have
some relationship to Year 2000 issues are a new billing system for the City's water, sewer and electric systems, a third intertie for
the electric utility system, new SCADA equipment for the City's water, sewer and eclectic systems and new personal computers
in various City departments as well as main frame computer equipment for the City.
The City's goal with respect to the "millennium bug" is to ensure that all City IT and non-IT hardware and software are made
compliant. The City has prioritized its efforts to those items of equipment and software that the City considers to be mission
critical for the City and its residents. The City acknowledges, however that it is possible that despite its good faith effort to
identify all areas of City government that could be affected by this phenomenon. the issue may manifest itself in the City.
Moreover, the City cannot predict the extent to which persons not directly within the control of the City will address the issue.
Consequently, the City's Year 2000 strategy includes the measures described above that are designed to identify and address the
City's exposure to the Year 2000 issue, but also includes testing of IT and non-IT equipment, the preparation of a Y2K Business
Continuation Plan for the City, which is a disaster response plan to keep City government functioning in the event of unforeseen
emergency circumstances, and a general public awareness program. The City's public awareness program has included
testimony by City officials in congressional hearings and in forums around the State of Texas that have been sponsored by the
Texas Department of Information Resources. The City has also established a newsletter for local citizens that address the City's
Year 2000 readiness and has provided additional information on the issue on the City's web site. Moreover, in September 1998,
the City conducted a mock Year 2000 emergency test in the City's Emergency Operations Center which provided City staff and
the public with an opportunity to assess various situations under certain "worst case scenario" situations. The City's Year 2000
strategy includes continued public awareness efforts, remediation of City properties and testing of City equipment and IT
systems during 1999. Despite the City's efforts, should it fail to identify and/or adequately address Year 2000 issues it is
possible that events could arise that would have a material adverse effect on the operations and financial position of the City.
Interdependency with Other Entities. The City contracts with numerous third party vendors (the "vendors"), including the
Lubbock County Appraisal District, for tax collection and appraisal; the Canadian River Municipal Water District; Southwestern
for purchased power; and various public companies for gas service and telephone service. The City is seeking confmnatipn from
its vendors that they are or will be Year 2000 compliant on a timely basis. In addition to utility service interdependency, the
City, like other .municipalities and business, is interdependent with, among others, fmancial service sector entities, who collect
tax payments and process financial transactions for the City. While the City is implementing a Year 2000 strategy, as described
above, it cannot control the operations of such entities. Any particular manifestation of the Year 2000 issue by entities with
48
whom the City does business or any material and adverse manifestation of Year 2000 issues in the economy as a whole could
materially and adversely affect the ability of the City to deliver its governmental services and/or its financial condition.
FINANCIAL ADVISOR
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the ObligationS. The
Financial Advisor's fee for services rendered with respect· to the sale of the Obligations is· contingent upon the issuance and
delivery of the Obligations. First Southwest Company, in its capacity as Financial Advisor, has relied on the opinion of Bond
Counsel and has not verified and does not assume any responsibility for the information, covenants and representations
contained in any of the legal documents with respect to the federal income tax status of the Obligations, or the possible impact of
any present, pending or future actions taken by any legislative or judicial bodies.
VERIFICATION OF ARITHMETICAL AND MATIIEMATICAL COMPUTATIONS
The arithmetical accuracy of certain computations included in the schedules provided by First Southwest Company on behalf of the
City relating to (a) computation of forecasted receipts of principal and interest on the Federal Securities and the forecasted payments
of principal and interest to redeem the Refunded Obligations and (b) computation of the yields of the Obligations and the restricted
Federal Securities were verified by Grant Thornton, LLP, certified public accountants. Such computations were based solely on
assumptions and information supplied by First Southwest Company on behalf of the City. Grant Thornton, LLP has restricted its
procedures to verifYing the arithmetical accuracy of certain computations and has not made any study or evaluation of the
assumptions and information on which the computations are based and, accordingly, has not expressed an opinion on the data used,
the reasonableness of the assumptions, or the achievability of the forecasted outcome.
UNDERWRITING-THE BONDS .
The Underwriters have agreed, subject to certain conditions, to purchase the Bonds from the City, at an underwriting discount of
$136,506.90. The Underwriters will be obligated to purchase all of the Bonds if any Bonds are purchased. The Bonds to be offered
to the public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing Bonds into
investment trusts) at prices lower than the public offering prices of such Bonds, and such public offering prices may be changed,
from time to time, by the Underwriters.
UNDERWRITING-THE CERTIFICATES
The Underwriters have agreed. subject to certain conditions, to purchase the Certificates from the City, at an underwriting discount of
$96,527.69. The Underwriters will be obligated to purchase all of the Certificates if any Certificates are purchased. The Certificates
to be offered to the public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing
Certificates into investment trusts) at prices lower than the public offering prices of such Certificates, and such public offering prices
may be changed, from time to time, by the Underwriters.
MISCELLANEOUS
The financial data and other information contained herein have been obtained from the City's records, audited financial statements ·
and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein
will be realized. All of the summaries of the statutes, documents and ordinances contained in this Official Statement are made
subject to all of the provisions of such statutes, documents and ordinances. These summaries do not purport to be complete
statements of such provisions and reference is made to such documents for further information. Reference is made to original
documents in all respects.
The respective Ordinances authorizing the issuance of the Obligations will also approve the form and content of this Official
Statement, and any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Obligations by
the Underwriters.
Is/ WINDY SITTON
ArrEST~~~
Is! IE DARNELL
ty Secretary
City of Lubbock, Texas
49
THIS PAGE LEFT BLANK. INTENTIONALLY
SCHEDULE OF REFUNDED OBLIGATIONS
Combination Tax & Exhibition Haii!Auditerium (Umited Pledge)
Certificates of Obligation, Series 1991
Original Maturity Interest Principal
Dated Date Date Rates Amount
5-15-91 2-15-02 6.40% s 200,000
2-IS-10 5.75% 205,000
2-15-11 S.1S% 205,000
The 2002 and 2010..2011 maturities will be redeemed prior to original maturity on February IS, 2001 at par.
Combination Tax & Waterworks System Subordinate Lien Revenue
Certificates of Obligation, Series 1991
Original Maturity Interest Principal
Dated Date Date Rates Amount
S-15·91 2-15-02 6.40% s 805,000
2·15-10 5.75% 810,000
2-15-11 5.75% 810,000
The 2002 and 20 I 0-201 I maturities will be redeemed prior to original maturity on February 1 S, 2001 at par.
General Obligation Bonds, Series 1991
Original Maturity Interest Principal
Dated Date Date Rates Amount
S-IS-91 2-15-02 6.40% s 100,000
2-15-10 5.75% 100,000
2-15-11 S.1S% 100,000
The 2002 and 2010..2011 maturities will be redeemed prior to original maturity on February 15,2001 at par.
Combination Ta:s: & Sewer System Subordinate Lien Revenue
Certificates of Obligation, Series 1991
Original Maturity Interest Principal
Dated Date Date Rates Amount
11-IS-91 2-IS-03 S.SO% s 85,000
2·15-04 5.500/o 8S,OOO
2-15-0S S.SO% 85,000
2-15-06 S.50% 85,000
2-15-07 5.50% 85,000
2-15-08 S.SO% 85,000
2-15-09 S.SO% 85,000
2-IS-10 S.SO% 85,000
2-IS-11 S.SO% 85,000
2-15·12 5.500/o 85,000
The 2003-2012 maturities will be redeemed prior to original maturity on February IS, 2002 at par.
Schedule I
Combination T.x & Smr System Subordinate Lien Revenue
Certifacates of Obligation, Series 1991
Original Maturity Interest Principal
Dated Date -Date Rates Amount
5-lS-92 2-lS-06 S.SO% $ 1,72S,OOO '
2-lS-07 S.SO% 1,72S,OOO
2-lS-08 S.SOO/o 1,72S,OOO
2-15-09 S.SO% 1,72S,OOO
2-IS-10 S.SOOio 1,725,000
2-IS-11 S.SOOio 1,730,000
2-IS-12 S.SOO!o 1,730,000
2-15-13 S.SOOio 1,730,000
2-IS-14 S.SO% 1,730,000
The 2006-2014 maturities will be redeemed prior to original malUrity ~ Febnwy IS, 2004 at par.
APPENDIX A
GENERAL INFORMATION REGARDING TilE CITY
• Amarlla
•
Fort Worth• •DaDas
•
* Austin
San Antonio
THIS PAGE LEFI' BLANK INTENTIONALLY
THE CIT\'
LocATION
The City of Lubbock. County Seat of Lubbock County, Texas, is located on the South Plains of West Texas. Lubbock is the
economic, educational, cultural and medical center of the area.
POPfJLA TION
Lubbock is the ninth largest City in Texas:
1910Census
1920Census
1930 Census
1940Census
19.50 Census
1960Census
1970Census
1980Census
1990Census
1994 (Estimated) (1)
199.5 (Estimated) (1)
1996 (Estimated) (1)
1997 (Estimated) (1)
1998 (Estimated) (1)
City of Lubbock
(Corporate Limits)
1,938
4,0.51
20,.520
31,8.53
71,747
128,691
149,701
173,979
186,206
190,038
191,020
193,064
19.5,367
196,679
Metropolitan Statistical Area ("MSA"l (Lubbock County)
1970 Census 179,29.5
1980 Census 211,6.51
1990 census 222,636
199.5 (Estimated) (1) 228,394
1996 (Estimated) (1) 230,838
1997 (Estimated) (1) 232,4.54
1998 (Estimated) (1) 234,011
(I) Source: City of Lubbock, Texas
AGRICULTtlRI.; BUSINESS AND INDUSTRY
Lubbock is the center of a highly mechanized agricultural 8rea with a majority of the crops irrigated with water from underground
sources. Principal crops are cotton and grain sorghums with livestock a major additional source of agricultural income. In 1997
cotton production in the 2.5-county area in and around Lubbock was 3.4 million bales; 1996 production was 3.10 million bales;
estimated 1998 production is 2.00 million bales.O) Two major vegetable oil plants located in Lubbock have a combined weekly
capacity of over 1,811 tons of cottonseed and soybean oil. Several major seed companies are headquartered in Lubbock.
Over 200 manufacturing plants in Lubbock produce such products as semiconductors, vegetable oils, heavy earth-moving
machinel)', irrigation equipment and pipe, fann equipment, paperboard boxes, foodstuffs, mobile and prefabricated homes, poultry
and livestock feeds, boilers and pressure vessels, automatic sprinkler system heads, structural steel fabrication and soft drinks.
(I) Source: Plains Cotton Growers, Inc., Lubbock, Texas.
LUBBOCK MSA LABOR FORCE EsTIMATES <Jl
October
1998(l)
Civilian Labor Fon::e 126,700
Total Eoiployment 123,400
Unemployment 3,300
Percent Unemployment 2.600/o
(1) Source: Texas Worlcfurce Commission.
(2} Subject to revision.
1997
124,225
119,358
.4,842
3.90%
Annual Averages
1996 1995 1994 1993
122,183 120,709 117,858 116,671
117,360 115,826 112,865 111,211
4,823 4,883 4,993 5,466
3.90% 4.00% 4.200/o 4.700/o
Estimated non-agricultural wage and salaried jobs in various categories as of October, 1998, were:
Manufacturing
Construction
Transportation & Public Utilities
Trade
Finance, Insurance and Real Estate
Services
Mining
Government
Total
8,100
4,800
5,700
33,000
5,700
36,100
IOO
25,300
118,800
MAJoR EMPLOYERS (300 EMPLOYEES OR MORE)
Company
Texas Tech University
Lubbock Independent School Dislrict
Methodist Hospital
TTU Health Sciences Center
St. Mary of the Plains Hospital
City of Lubbock
University Medical Center
United Supermarkets
Lubbock State School
Lubbock County
Wal-Mart
Texas Dept. of Criminal Justice Psychiatric Hospital
Eagle Picher
Caprock Home Health Services
American State Barik
U.S. Postal Service
Furrs Cafeterias
Southwestern Bell Telephone Company
Industrial Molding Corporation
Lubbock Regional MHMR Center
Aramark
Dillard's Department Stores
McLane High Plains
Lubbock Avalanche-Journal
Marriott School Services
Plains National Bank
McDonald's
Type of Business
State University
Public Schools
Hospital
Medical and Allied Health School
Hospital
City Government
Hospital
Supermarkets
School for Mentally Retarded
County Government
Discount Retailer
Psychiatric Hospital
Heavy Equipment Manufacturing
Home Health Care Service
Bank
Post Office
Cafeterias
Telephone Utility
Manufacturing/Plastic Products
Social Services
Food Broker
Department Stores
Wholesale Food Distributor
Newspaper
Hotel/Housekeeping and Hotel
Bank
Restaurants
(I) Source: Business Development Support Service, City ofLubbock, Texas.
(2) Full and part time.
Estimated
Employees
September, I998°>
6,119 m
3,345
2,900
2,280
2,I39
I,9IO
I,698
I,41S
92S
896
893
870 (3)
662
600
S60
SS4
sos
4SS
43S
400
400
390
370
340
32S
32S
320
(3) See "Texas Department of Criminal Justice ("TDCJ") Prison Psychialric Hospital" following for more detailed information.
EDUCATION • TEXAS TECH UNIVERS11Y
Established in Lubbock in 1923, Texas Tech University is the fifth largest State-owned University in Texas and had a Fall, 1998,
enrollment of 24, I S8. Accredited by the Southern Association of Col1eges and Schools, the University is a co-educational, State-
supported institution offering a bachelor's degree in ISS major fields, the master's degree in 107 major fields, the doctorate degree in
64 major fields, and a professional degree in 2 major fields (law and medicine).
The University proper is situated on 4S I acres of the 1,829 acre campus, and has over I60 permanent buildings with additional
construction in progress. Fall, 1998, total employment was 6,1I9. Health Sciences Center faculty membership for I998 is 319 full-
A-2
' .
time and 94 part-$te. Including the Health Sciences Center, the University's operating budget for 1998199 is $644,032,823; book
value of physical plant assets, including the Health Sciences Center, is in excess of $1,234,417,417.
The medical school had an enrollment of 1,547 for Fail, 19!)S,:not including residents; there were 48 graduate students. The School
of Nursing had a Fall, 1998, enrollment of 362 including the Permian Basin Program, located in Midland/Odessa; there were 46
graduate students. The Allied Health School had a Fall, 1998, enrollment of 454.
Source: Texas Tech University.
£hHERE~TIONnuoRMATION
The Lubbock Independent School District, with an area of87.5 square miles, includes over 900/0 of the City of Lubbock. There are
approximately 3,300 total employees. The District operates four senior high schools, ten junior high schools, 40 elementary schools
and other educational programs.
Scholastic Membership History (I)
School
Year
1992-93
1993-94
1994-95
1995-96
1996-97
1997-98
1997-98
Average
Daily
Attendance
28,357
28,111
28,089
27,799
27,661
27,461
27,946 (2)
(I) Source: Superintendent's Office, Lubbock Independent School District.
(2) Estimated.
Lubbock Christian University, a privately owned, co-educational senior college located in Lubbock, had an enrollment of 1,353 for
the Fall Semester, 1998.
South Plains College, Levelland, Texas (South Plains Junior College District) operates a major off-campus learning center in a
downtown Lubbock, 7-story building owned by the College. College offerings cover technicallvocational subjects; Fall Semester,
1998, enrollment was 2,475.
The State of Texas School for the Mentally Retarded, located on a 226-acre site in Lubbock, consists of 40 buildings with bed-
capacity for 436 students; 382 students were in residence. ·The School's operating budget for 1998/99 is in excess of $21.7 million;
there are approximately 778 professional and other employees.
TRANsPoRTATION
Scheduled airline transportation at Lubbock International Airport is furnished by Southwest Airlines, Continental Airlines, Atlantic
Southeast Airlines and American Eagle; non-stop service is provided to Dallas-Fort Worth International Airport, Dallas Love Field,
Bush Intercontinental Airport (Houston), Houston Hobby, El Paso, Austin, Amarillo and Albuquerque. Passenger hoardings for
1997 totaled 613,522 and for Fiscal Year ended September 30, 1998, 597,333. Extensive private aviation services are located at the
airport.
Rail transportation is furnished by the Burlington Northern Santa Fe Railroad with through service to Dallas, Houston, Kansas City,
Chicago, Los Angeles and San Francisco. Short-haul rail service is also furnished by the Seagraves, Whiteface and Lubbock
Railroad. Texas, New Mexico and Oklahoma Bus Lines, a subsidiary of Greyhound Corporation, provides bus service. Several
motor &eight common carriers provide service.
Lubbock has a well-developed highway network including Interstate 27 (Lubbock-Amarillo), 4 U.S. Highways, I State Highway, a
controlled-access outer loop and a county-wide system of paved farm-to-market roads.
A-3
GoVERNMENI:~ MILITARY (1)
On March 1, 1995, the Secretary of the Air Force announced that Reese Air Force Base ("Reese"), a pilot training base located
adjacent to the City, was included in the list of bases recommended for closure submitted to the Base Closure and Realignment
Commission ("BRAC"). BRAC reevaluated Reese along with all other undergraduate pilot training bases, however, Reese was
included in the final list of bases recommended for closure. Final recommendations were submitted to the President in July, 1995.
The President and Congress approved the BRAC recommendations and Reese has closed as of October 1, 1997.
As a result, the City has developed a re-use plan for the facilities. Prior to closure Reese represented approximately 2.6% of the local
work force. While closure of the base did not have a positive impact on the Lubbock economy, the current growth in other economic
sectors has minimized or neutralized closure of the base. In addition, there could be a positive economic impact from the re-use of
the base.
In 1997, the Texas Legislature enacted Chapter 2300 of the Texas Government Code. That act provided for the creation of the
Lubbock Reese Redevelopment Authority (the • Authority") upon an affirmative vote by the governing body of the City and the
Commissioners Court of Lubbock County. The Authority is a political subdivision of the State of Texas and is authorized to
accept title from the United States to all or any portion of the real, personal, and mixed property situated within Reese Air
Force Base. The Authority is empowered to manage, lease, sale and develop its property. In 1998, the Authority received a
$2 million defense economic adjustment assistance grants from the State of Texas, and the City has budgeted a $2.5 million
economic development grant for the Authority in the current fiscal year. The former air base, now k:nown as "Reese Center"
is the home of the prized Institute of Environmental and Human Health (TIEHH). TIEHH is a joint venture between Texas Tech
University and Texas Tech Health Science Center. TIEHH researches the exposure and effects toxic chemicals have on human
health and the environment. The Institute is comprised of five divisions: Environmental Health and Toxicology, Environmental
Law and Policy, Communications and Outreach, Research and Quality Management, and Human Health Sciences. Each of these
five Divisions facilitates TIEHH's educational and research goals. TIEHH will help stimulate the Lubbock: economy by creating
jobs. Eventually, TIEHH is expected to create many new jobs for Lubbock and the South Plains region. And, TIEHH's tenancy at
Reese Center began the process of converting the former military installation into an active and thriving facility for the Lubbock
community and surrounding area. ·
State of Texas ... More than 25 State of Texas boards, departments, agencies and commissions have offices in Lubbock; several of
these offices have multiple units or offices.
Federal Government . · .. Several Federal departments and various other administrations and agencies have offices in Lubbock; a
Federal District Court is located in the City.
(1) Source: City ofLubbock, Texas.
TExAs DEPARTMENT OF CR.lMJNAL JUSTICE ("TDCJ") PRISON PSYCHIAlRJC HOSPITAL
1DCJ operates a 550-bed Prison Psychiatric Hospital and a 48-bed regional prison hospital on a 1,303 acre site in southeast
Lubbock. An adjacent 400-bed capacity "trusty" facility houses prison trusties some of whom work at the hospital. Employment for
all facilities is approximately 870 with an annual estimated payroll of $17 million and an estimated remaining annual operating
budget of$27 million.
HOSPITALS AND MEDICAL CARE
There are five hospitals in the City with over 1,700 beds. Covenant Medical Center is the largest and also operates an accredited
nursing school. Lubbock County Hospital District, with boundaries contiguous with Lubbock County, owns the University Medical
Center which it operates as a teaching hospital for the Texas Tech Health Sciences Center. There are numerous clinics and over 600
practicing physicians and surgeons (M.D.s) plus the Texas Tech University Medical School Staff and over 100 dentists. A radiology
center for the treatment of malignant diseases is located in the City.
REcREATION AND ENTERTAINMENT
Lubbock's Mackenzie Regional Park and over 70 City parks and playgrounds provide recreation centers, shelter buildings, a garden
and art center, swimming pools, a golf course, tennis and volley ball courts, baseball diamonds and picnic areas, including the
Yellowhouse Canyon Lakes system of four lakes and 500 acres of adjacent parkland extending from northwest to southeast Lubbock:
along the Yellowhouse Canyon. There are several privately-owned public swimming pools and golf courses, and country clubs.
The City of Lubbock has developed a 36 square block area of approximately 100 acres adjacent to downtown Lubbock under the
Lubbock Memorial Civic Center program. Approximately 50 acres contain the 300,000 square foot Lubbock Memorial Civic
Center, the main City library building and State Department of Public Safety offices; a 50-acre peripheral area has been redeveloped
privately with office buildings, hotels and motels, a hospital, and other facilities.
A-4
Available to residents are Texas Teeb University programs IU)d events, Texas Tech University Museum. Planetarium and Ranching
Heritage Center exhibits and programs, Lubbock Memorial CiVic Center and its events, Lubboclc Symphony Orchestra programs,
Lubbock Theatre Center, Lubboclc Civic Ballet, Municipal Auditorium and coliseum programs and events, the library and its
branches, the annual Panhandle-South Plains Fair, college and high school football, basketball, and other sporting events as well as
modern movie theaters.
CHuRCHES
Lubbock has approximately 300 churches representing more than 25 denominations.
UTILITY SERVICES
Water and Sewer-City of Lubbock.
Gas-Energas Company.
Electric -City of Lubbock (Lubbock Power & Light) and Southwestern Public ·Service Company; and, in a small area, South Plains
Electric Co-operative.
EcoNOMIC INDICES (I)
Year
1994
1995
1996
1997
1998
Building
Pemiits
$162,427,737
177,744,359
163,076,593
237,995,359
144,648,160(3)
Water
64,921
65,700
66,443
67,373
68,228
Utility Connections
Electric
Gas
62,670
62,558
63,171
63,380
62,472
(LP&L Only)<2)
49,391
50,448
51,305
54,085
56,435 (3)
(I) All data as of 12-31, except where noted; Source: City ofLubboclc.
(2) Electric coMections are those of City of Lubboclc owned Lubbock Power and Light ("LP&L") and do not include those of
Southwestern Public Service Company or South Plains Electric Cooperative. LP&L provides service to approximately 65% of the
electric customers in the City.
(3) As of 9-30-98.
BuiLDING PERMITS BY CLASSIFICATION (I)
Residential Pennits Commercial,
Single Family Multi-Family Total Residential Public Total
Calendar No. No. Dwelling No. Dwelling and Other Building
Year Units Value Units Ill Value Units ro Value Penn its Permits
1994 6i6 $ 73,318,480 260 $ 6,271,150 946 s 79,589,630 s 82,838,107 s 162,427,737
1995 560 58,923,555 39 10,404,000 589 69,327,555 108,416,804 177,744,359
1996 571 59,028,397 131 14,139,783 671 73,168,180 89,908,413 163,076,593
1997 542 57,767,458 736 32,837,680 1,278 90,605,138 147,390,221 237,995,359
199S(ll 537 51,789,653 238 8,944,999 775 60,734,652 83,913,508 144,648,160
(1) Source: City of Lubbock, Texas.
(2) . Data shown under ''No. Dwelling Units" is for each individual dwelling unit, and is not for separate buildings; includes duplex,
triplex, quadruplex and apartment permits.
(3) As of 9-30-98.
A-5
nus PAGE LEFr BLANK INTENTIONALLY
APPENDIXB
EXCERPTS FROM mE
CITY OF LUBBOCK, TEXAS
ANNUAL FINANCIAL REPORT
For the Year Ended September 30, 1998
The infonnation contained in this Appendix consists of excerpts from the City of Lubbock.
Texas Annual Financial Report for the Year Ended September 30, 1998, and is not intended
to be a complete statement of the City's fmancial condition. Reference is made to the
complete Report for further information.
TBlS PAGE LEFT BLANK INTENTIONALLY
FINANCIAL SECTION
CITY OF LUBBOCK, TEXAS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
YEAR ENDED SEPTEMBER 30, 1998
TABLE OF CONTENTS
Auditor's Opinion ....................................................................................................................................................................... 3
General Purpose Financial Statements:
Combined Balance Sheet • Primary Government Fund Types, Account Groups and Discretely
Presented Component Units ........................................................................................................................................ 6
Combined Statement of Revenue, Expenditures and Changes in Fund Balances -Primary Government
Fund Types, Expendable Trust Funds and Discretely Presented Component Units ................................................. 18
Combined Statement of Revenues, Expenditures and Changes in Fund Balances--Budget (GAAP Basis) and
Actual -General Fund ............................................................................................................................................... 21
Combined Statement of Revenues. Expenses and Changes in Equity-
All Proprietary Fund Types and Discretely Presented Component Units ................. , ............................................... 22
Combined Statement of Cash Flows· All Proprietary Fund Types
and Discretely Presented Component Units .............................................................................................................. 24
Notes to Financial Statements ........................................................................................................................................... 26
'IlDS PAGE LEFT BLANK INTENTIONALLY
Robinson Burdette Martin &Cowan,L.L.P.
INDEPENDENT AUDITQR•s BEPORT
Honorable Mayor Windy Sitton
Members of City Council
City of Lubbock, Texas
Webaveaudited the accompanying general-purpose financial statements of the City ofLubbock,
Texas» as of and for the year ended September 30» 1998, as listed in the Table of Contents. These
general-purpose financial statements are the responsibility of the management ·of the City of
Lubbock. Texas. Our responsibility is to express an opinion on these general-purpose financial
statements based on our audit
We conducted our audit in accordance with generally accepted auditing standards and the
stalldards applicable to financial audits contained in Government Auditing Standards. issued by
the Comptroller General of the United States. Those standards require that we plan and perform
the audit to obtain reasonable assurance about whether the general-purpose financial statements
are free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the general-purpose financial statements. An audit
also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall general-purpose financial statement presentation.
We believe that our audit provides a reasonable basis for our opinion.
In our opinio~ the general-purpose financial statements referred to above present fairly, in all
material respects, the financial position of the City of Lubbock, Texas, as of September 30, 199.8,
and the results of its operations and the cash flows of its proprietary fund types for the year then
ended in conformity with generally accepted accounting principles.
I
In accordance with Governmef.t Auditing Standards. we have also issued our report dated
January 11, 1999, on our consideration of the City of Lubbock, Texas internal control over
finmcial reporting and on our tests of its compliance with certain provisions of laws, regulations,
contracts and grants.
3
· Our audit was perfonned for the pwpose of forming an opinion on the general-purpose financial
statements taken as a whole. The combining and individual fund and account group financial
statements and schedules listed in the Table of Contents are presented for pwposes of additional
analysis and are not a required part of the general-pwpose financial statements of the City of
Lubbock, Texas. Such infonnation has been subjected to the auditing procedures applied in the
audit of the general-purpose financial statements and, in our opinion, is fairly presented in all
material respects, in relation to the general-purpose financial statements taken as a whole. The
information listed as Statistical Section and Supplementary Section in the Table of Contents has
not been subjected to the auditing procedures applied in the audit of the general-purpose financial
statement and, accordingly, we express no opinion on such data. .
January 11, 1999
Lubbock, Texas
4
~Ji'I.Sa? &re/8'1-le.
/II OJ r .;,-, 4' ?~.11 L. t ~I
. '
General Purpose Financial Statements
CITY OF LUBBOCK, TEXAS
COMBINED BALANCE SHEET ·PRIMARY GOVERNMENT FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITS
September 30, 1998
With Comparative Totals for September 30, 1997
Governmental Fund TYJ?8S
Special Debt Capital
General Revenue Service Projects
As.ie1s
Pooled cash and cash equivalents s 1,359,409 $ 320,830 $ 181,381 $ 5,484,229
Investments 9,097,582 1,808,7n 1,213.865-36,702,147
Receivables (net, where applicable,
of allowance for uncollectibles):
Taxes. including interest,
penarrties, and liens 4,sas,3n 19;097 256,199
Accounts, notes, and mortgages. 357.635
Interest 869,266 25,499 3.619 20,789
Due from other funds 4,558.500
Due from other governments 135,701
Due from other agencies 1,233.069 609,974 79.425
Prepaid items 98,576
Advances to other funds 1,963,439
Inventory. at average cost 32,195
Restricted assets:
Pooled cash and cash equivalerrts
Investments
Accounts receivable
Interest receivable
Deferred charges
Fixed assets (net of accumulated
depreciation)
Other assets (net of accumulated
amortization)
Amount available in debt service funds
Amount to be provided for retirement
of general long-term debt
Total assets $ 24,391,749 $ 2l84,177 $ 1!655,064 $ 42,286.590
6
(continued)
otals
Proprietary Fiduciary Primary
Fund Types Fund Type Account Groups Government
General (Memorandum
Internal Trust and General long-term Onll~
Enterprise Service Agency Fixed Assets Debt 1998
$ 1,799,536 $ 174,326 $ 313,244 $ -$ -$ 9,632,956
13,578,051 1,158,798 11,658,712 75,211,931
4,961,673
10,499,440 2,832 4,916,056 15,775,963
189,437 1,108,610
1,389.000 5,947,500
72,040 1,256,040 1,463,781
80,051 2,002,519
49,397 147,973
1,961;188 3,924,627
154,086 1,815,137 2,001,418
75,504,693 2,894,442 78,399,135
11,088,495 11,205,597 22,294,092
69,646 105,134 174,780
134,793 15,960 150,753
9,199,603 9,199,603
436,423,461 9,903,938 446,604 239,954,452 686,728,455
21,292,028 21,292,028
1,420,101 1,420,101
60,535,327 60,535,327
$ 5811966,497 $ 28,794,612 $ 18,590,656 $ 239,954,452 $ 61,955,428 $ 11002,379,225
See accompanying notes to financial statements
7
CITY OF LUBBOCK, TEXAS
COMBINED BALANCE SHEET· PRIMARY GOVERNMENT FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITS
September 30, 1998
W"lth Comparative Totals for September 30, 1997
Component Units
Governmental Proprietary Fiduciary
Fund Types Fund Types Fund Type
Marketing, Market Civic Marketing,
Entertainment, Travel, lubbock; Lubbock Entertainment, Travel,
Tourism & SpOrts, Inc. InC. Citibus Inc. Tourism & Sports, Inc.
As.uls
Pooled cash and cash equivalents $ 98,239 $ 1,313,954 $ 99,969 $ 70,969 $
Investments 309,693 4,528,345 153,444
Receivables (net, where applicable,
of allowance fer uncolledibles):
Taxes, including Interest.
penalities, and liens
Accounts, nOtes, and mortgages 14,412 172,679 13,324
Interest
Due from other funds 4,712
Due from other governments 337,804 18,670
Due from other agencies 50,050
Prepaid items 27,248 5,290
Advances to other funds
Inventory, at· average cost 1,666 265,160 25,212 .
Restricted assets:
Pooled cash and cash equivalents 118,021
Investments
Accounts receivable
Interest receivable
Deferred ChargeS
Fixed assets (net of accumulated
depreciation) 13,091,680 9,193
Other assets (net of accumulated
amortization) 177,934
Amount available in debt service funds
Amount to be provided fer retirement
of generallong·term debt
Total assets $ 506,020 $ 5,842,299 $ 13,972,582 $ 433,323 $ 153,444
8
Component Units
ACcount Groups
General Fixed Assets
Marketing, Market
Entertainment, Travel, Lubbock,
Tourism & Sports, Inc. Inc.
$ -$ -$
237,949 78,816
$ 237,949 $ 78,816 $
(continued)
General
long-term Debt
Market
lubbock,
Inc.
1,450,382
1,450,382
$
$
Totals .
Component
Units
1998
1,583,131 $
4,991,482
200,415
4,712
356,474
50,050
32,538
292,038.
118,021
13,417,638
1n,934
1,450,382
Totals
Reporting Entity
(Memorandum Only)
1998 1997
11,216,087 $
80,209,413
4,961,673
15,976,378
1,108,610
5.952,212
1,820,255
2,052,569
180,511
3,924,627
2,293,456
78,517,156
22.294,092
174,780
150,753
9,199,603
700,146,093
21,469,962
1,420,101
61,985,709
11,968,250
81,270,624
5,038,190
14.n3,154
1,264,259
6,584,512
1,384,142
1,208,439
204,456
4,255,920
2,100,283
60,443,672
17,048,024
483,145
233,026
8,014,067
673,914,na
21,713,691
505,449
67,546,840
22,674,815 s 1,025,054,040 $ 979,954,921
See accompanying notes to financial statements
9
CITY OF LUBBOCK. TEXAS
COMBINED BALANCE SHEET· PRIMARY GOVERNMENT FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITS
September 30, 1998
. With Comparative Totals for September 30, 1997
Governmental Fund Types
Special Debt Capital
General Rewnue Service Projects
liabilities
Accounts and vouchers payable $ 2,158,029 $ 167,010 $ • $ 531,871
Contracts payable 1,863,562
Due to other funds 600,000
Due to other agencies an:! governments 445,237 8,970
Accrued general obligation interest
Other accrued liabilities 2,375,847 17,672
Current portloh of general obligation bonds
and construction obf~gation payable'
Payable from restricted assets:
Accounts payable
Accrued interest
Other accrued liabilities
Accrued insurance claims
Revenue bonds payable (current portion)
Customer deposits
Deferred compensation ..
Deferred revenue 422,337 234,963
Advances from other funds 1,578,973
Advances from other agencies
Accrued insurance daims
Notes and leases payable
Construction obligation payable -
General obligation bonds (net of
current portion)
Revenue bonds payable (net of
current portion)
Accrued vacation and sick leave
AnticiPated landfill dosure and postdosure
Total liabilities $ 5,401,450 $ 793,652 $ 234,963 $ 3,974,406
10
(continued)
otals
Proprietary Fiduciary Primary
Fund Types Fund Type Acc:ount Grou~ Government
enerai (Memorandum
lntemal Trust and General Long-tenn On I~}
Enterprise Service Agency . Fixed Assets Debt 1998
$ 4,943,972 $ 1,045,277 $ 1,883,820 $ -$ -$ 10,729,979
974,992 2,838,554
2,020,500 1,389,000 1,938,000 5,947,500
454,207
912,998 912,998
662,436 141,766 64,839 301,269 3,563,829
8,771,361 8,771,361
2.442,410 283,924 2,726,334
866,867 866,867
7,719 7,719
3,729,474 3,729,474
3,716,208 3,716,208
341,598 341,598
9,572,548 9,572,548
1,533,951 2,191,251
529,778 1,815,876 3,924,627
2,803,358 2,803,358
38.099 577,139 615,238
20,009,067 20,009,067
76,840,316 51,566,101 128,406,419
74,032,930 74,032,930
2,745,990 463,153 10,088,058 13,297,201
6,203,551 6,203,551
$ 206,053,075 $ 12,256,686 $ 14,993,158 $ -$ 61,955,428 $ 305,662,618
See accompanying notes to financial statements
11
CITY OF LUBBOCK, TEXAS
COMBINED BALANCE SHEET· PRIMARY GOVERNMENT FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITS
September 30, 1998
Wdh Comparative Totals for September 30, 1897
COmponent Units
Governmental
Fund Types
Mai'keting,
Entertainment, Travel,
Tourism & Sports, Inc.
Market
Lubbock,
Inc.
Liabilities
Accounts and vouchers payable
Contracts payable
$ 86,422 $ 1,507,864 $
Due to other funds
Due to other agencies and governments
Accrued general obligation interest
Other accrued liabilities
Cunent portion of general obligation bonds
and construction obligation payable
Payable from restricted assets:
Accounts payable
Acaued interest
Other accrued liabilities
Acaued insurance claims
Revenue bonds payable (current portion)
Customer deposits
Oefer:ed compensation
Deferred revenue
Advances from other funds
Advances from other agencies
Accrued Insurance claims
Notes and leases payable
Construction obligation payable
General obligation bonds (net of
current portion)
Revenue bonds payable (net of
current portion)
Accrued vacation and sick leave
AntiCipated tandfill closure and postclosure
Total liabilities $
4,712
869
11,540
50,050
90,854
103,543 $ 1,648,768 $
12
Proprietary
Fund Types
Civic
.Lubbock
Citibus Inc.
Fiduciary
Fund Type
Marketing,
Entertainment, Trawl,
Tourism & Sports, Inc.
83,589 $ 5,058 $ 129,640
470,045 47,904 23,804
257,268
13,078
70,000
880,902 $ 66,040 $ ·· _ __..::.1.::..:53:..:...4.:....;44_;._
(continued)
Component units
Account Groups
General
General FIXed Assets Long-tenn Debt Totals Totals
Marketing, Maiket Mai'kit Component Reporting Entity
Entertainment. Travel, Lubbock. Lubbock. Units (Memorandum Only}
Tourism & Sports, Inc. Inc. Inc. 1998 1998 1997
$ • $ -$ 1,450,382 $ 3,262,955 $ 13,992,934 $ 13,652,574
2,838,554 2,464,514
4,712 5,952,212 6,584,512
592,672 1,046,879 1,206,562
. 912,998 947,657
359,662 3,923,491 3,670,443
8,771,361 8,242,083
2,726,334 1,357,145
866,867 574,754
7,719 11.095
3,729,474 2,878,476
3,716,208 3,332,418
341,598 355,451
9,572,548 9,182,672
13,078 2,204,329 959,482
3,924,627 4,255,920
70,000 70,000 70,000
2,803,358 2,978,107
615;238 1,503,279
20,009,067 20,809,067
128,406,419 130,580,685
74,032,930 68,596,334
13,297,201 12,233,304
6,203,551 3,198,940
$ -$ • $ 1,450,382 $ 4,303,079 $ 309,965,897 $ 299,645,474
See accompanying notes to financial statements
13
CITY OF LUBBOCK. TEXAS
COMBINED BALANCE SHEET· PRIMARY GOVERNMENT FUND TYPES, ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITS
September 30, 1998
With Comparative Totals for September 30, 1997
Governmental Fund Types
Special Debt Capital
General Revenue Service Projects
Eund EQuitx and Qtbec Credits
Contributed capital $ - $ - $ - $ ~
Investment in general fixed assets
Retained earnings:
Reserved for capital projects
Reserved for faa1itieslsystem
improvements
Reserved for system improvements
Reserved for rate stabilization
Reserved for economic development
Reserved per bond indentures
Reserved for self insurance -health
Reserved for self insurance -
risk management
Unreserved
Fund balances:
Reserved for prepaid items 98,576
Reserved for advances to other funds 1,963,439
Reserved for debt service 1,420,101
Reserved for capital projects 38,312.184
Reserved for Federal housing programs
Unreserved:
Designated for perpetual care 22,767
Designated for subsequent
year's expenditures 3,358,065 169,984
Undesignated 13,547,452 1,820,541
Total retained earnings/fund balances 18,990,299 1,990,525 1,420,101 38.312,184
Total fund equity and other credits 18,990,299 1,990,525 1,420,101 38,312,184
Total liabilities and
fund equity and other credits $ 24,391,749 $ 2,784,177 $ 1.655,064 $ 42,286,590
14
{continued)
otas
Proprietary Fiduciary Primary
Fund Types Fund Type Account Groups Government
General (Memorandum
Internal Trust and General Long-tenn Only)
Enterprise Service Agency Fixed Assets Debt 1998
$ 129,247,654 $ 5,579,942 $ • $ -$ -$ 134,827,596
. 239,954,452 239,954,452
42,465,858 173,884 42,639,742
13,938,987 1,023,723 14,962,710
1,400,192 1,400,192
15,173,332 15,173,332
465,938 465,938
1.981,636 1.981,6~6
1,050,544 1,050,544
7,951,865 7.951,865
171.239,825 757,968 171.997,793
98,576
1,963,439
1,420,101
38,312,184
5,361,568 5,361,568
22,767
3,528,049 .. ~1.764,070) 13,603,923
246,665,768 10,957,984 3,597,498 321,934,359
375,913,422 16,537,926 3,597.498 239,954,452 696,716,407
$ 581,966,497 $ 28,794,612 $ 18,590,656 $ 239.954,452 $ 61,955,428 $ 1,002,379.225
See accompanying notes to financial statements
1S
CITY OF LUBBOCK, TEXAS
COMBINED BALANCE SHEET· PRIMARY GOVERNMENT FUND TYPES. ACCOUNT GROUPS
AND DISCRETELY PRESENTED COMPONENT UNITS
September 30, 1998
With Comparative Totals for September 30, 1997
fund EQuity and Other COldits
Contributed capital
Investment in general fixed assets
Retained earnings:
Reserved for capital projects
Reserved for fadlities/system
improvements
Reserved for system improvements
Reser'ved for rate stabirtZation
Reserved for economic development
Reserved per bond indentures
Reserved for self insurance -health
Reserved for self insurance -
risk management
Unreserved
Fund balances:
Reserved for prepaid items
Reserved for advances to other funds
Reserved for debt service
Reserved for capital projects
Governmental
Fund Types
Marketing,
Entertainment, Travel,
Tourism & Sports, Inc.
$ - $
27,248
Reserved for Federal housing programs
Unreserved:
Designated for perpetual care
Designated for subsequent
yeafs expenditures
Undesignated
Total retained earnings/fund balances
Total fund equity and other credits
Total liabilities and
375,229
402,4n
4.02.4n
Market
Lubbock,
Inc.
4,193,531
4,193,531
4,193,531
component Units
Proprietary
Fund Types
Civic
Lubbock
Citibus Inc.
-$ 13,091,680 $
13,091,680
118,021
249,262
367,283
367,283
Fiduciary
Fund Type
Marketing,
Entertainment. Travel,
Tourism & Sports, Inc.
$
fund equity and other credits $ 506,020 $ 5,842,299 $ 13,972,582 $ 433,323 $ =====153:::=!:::,444'===
16
~nentOnlts ntGroups
General
General Fixed Assets L~Debt Totals Totals
Mai'kiting, Mai'k8t et Component Reporting Entity
Entertainment, travel, Lubbock, Lubbock, Units lMemorandum On~)
Tourism & Sports, Inc. Inc. Inc. 1998 1998 1997
$ -s -$ $ 13,091,680 $ 147,919,276 $ 141,783,833
237,949 78,816 316,765 240,271,217 231,530,632
118,021 42,757,763 38,044,641
14,962,710 9,886,963
1,400,192 1,890,726
15,173,332 11,861,190
465,938 470,046
1,981,636 2,956,100
1,050,544 1,364,524
7,951,865 6,691,161
249,262 172,247,055 164,993,890
27,248 125,824 78,854
1,963,439 1,963,439
1,420,101 505,449
38,312,184 40,701,791
5,361,568 4,642.226
22,767 22,767
4,568,760 8,096,809 6,840,466
13,603,923 14,080,749
4,963,291 326,897,650 306,994,982
237,949 78,816 18,371,736 715,088,143 680,309,447
$ 237,949 $ 78,816 $ 1,450,382 $ 22,674,815 $ 1,025,054,040 $ 979,954,921
See accompanying notes to financial statements
17
CITY OF LUBBOCK, TEXAS
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES-PRIMARY GOVERNMENT FUND TYPES, EXPENDABLE TRUST FUNDS
AND DISCRETELY PRESENTED COMPONENT UNITS
For Year Ended September 30, 1998
With Comparative Totals for Year Ended September 30, 1997
Totals
Fiduciary Primary
Governmental Fund T~pes Fund Type Government
(Memorandum
Special Debt Capital Expendable Only)
General Revenue Setvice Projects Trust 1998
Revenues;
Taxes and special asSessments $ 55,990,190 $ 3,907,019 $ 9,181,302 $ -$ -$ 69,078,511
Licenses and permi1s 1,037,458 1,037,458
Intergovernmental 917,572 8,761,127 9,678,699
Charges for services 4,016,475 11,736 4,028,211
Fines and fodeits 3,313,233 3,313,233
Contlibutions 278,000 278,000
Miscellaneous 2.251,121 400,401 63,510 3,381,290 642.559 6,738,881
Total revenues 67,526,049 4,307,420 9,244,812 3,671,026 9,403,686 94,152,993
Expenditures;
Cunent
Civic services 12,667,406 12,667,406
Electric-street lighting 1,848,283 1,848,283
Fire 14,468,027 14,468,027
General government 5,762,283 4,112,587 9,239,554 19,114,424
Health & community services 4,519,880 4,519,880
Human resources 810,997 810,997
Police 22,013,906 22,013,906
Strategic planning 774,878 774,878
Management services 389,583 389,583
Financial services 1,196,779 1,196,779
Transportations~s 5,007,496 5,007,496
Non-departmental 1,125,310 607,759 1,733,069
Capital ouUay 254,170 14,014,729 212.119 14,481,018
Debt service:
Principal retirement 5,746,935 -5,746,935
Interest and fiscal charges 2,971,000 26,203 2,997,203
Total expenditures 70,584,828 4,366,757 8,717,935 14,648,691 9,451.673 107,769.884
Excess {deficiency) of revenues
over (under) expenditures (3,058,779) . (59,337) 526,877 (10,977,665) (47,987) (13,616.891)
Other financing sources (uses):
Proceeds of refunding bonds
Operating transfers in 16,030,636 2,031,246 12,319,808 12,171,194 42,552,884
Payment ID refunded bond escrow agent
Operating transfers out (12,454,461) (1,743,133) (11,932,033) (3.583,136) (29,712,763)
Total other financing
soun:es (uses) 3,576,175 288,113 387,775 8,588,058 12,840,121
Excess (deficiency) of revenues
and other financing sources
over (under) expenditures
and other uses 517,396 228;776 914,652 (2,389,607) (47.987) (776,770)
Fund balances at beginning of year 18,472,903 1,761,749 505,449 40,701,791 3,645,485 65,087.377
Fund balances at end of year $ 18,990,299 $ 1,990,525 $ 1,420,101 $ 38,312,184 $ 3,597,498 $ 64,310,607
18
Component
Units
Governmental Types Totals
Marketing, Market Component
Enteltainment, .Travel, Lubbock, Units
Tourism and Sports, Inc. Inc. 1998
$ $ 1,706,940 $ 1,706,940
1,222,536 1,222,536
1,050,000 1,050,000
152,565 263,137 415,702
1,375,101 3,020,077 4,395,178
1.308,740 2,178.687 3,487,427
18,556 41,551 60,107
1,327,296 2,220.238 3,547,534
47,805 799,839 847,644
47,805 799,839 847,644
354,672 3,393,692 3,748,364
$ 402,477 $ 4,193,531 $ 4,596,008
19
s
Totals
Reporting Entity
(Memorandum Only)
1998
70,785,451
1,037,458
10,901,235
4,028,211
3,313,233
1,328,000
7,154,583
98,548,171
12,667,406
1,848,283
14,468,027
22,601,851
4,519,880
810,997
22,013,906
774,878
389,583
1,196,779
5,007,496
1,733,069
14,541,125
5.746,935
2,997,203
111.317,418
(12.769,247)
42,552,884
(29.712,763)
12,840,121
70,874
68,835.741
$
1997
67,166,479
1,077,878
9,679,072
3,539,968
3,460,453
1,463,491
8,358,766
94,746,107
12,347,987
1,778,824
13,897,682
22.010,513
4,398,348
831,758
20,519,946
727,448
1,170,948
1,067,281
4,993,564
1.660,312
17,362.232
5.725,476
3,274,654
111,766,973
(17,020,866)
17,627,743
40,053,561
(17,627,743)
(27,162,548)
12,891,013
(4.129,853)
72,965,594
$ 68,906,615 $ 68,835.741
20
CITY OF lUBBOCK, TEXAS
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCE$._ 8UDCET (GAAP BASIS) AND ACTUAL
GENERAL FUND
Year Ended September 30, 1998
General Fund
Variance-
favorable
Budget Actual (unfavorable)
Revenues:
Taxes $ 54,492,095 $ 55,990,190 $ 1,498,095
Licenses and permits 959,120 1,037,458 78,338
Intergovernmental 969,394 917,572 {51,822)
Charges for services 3,870,017 4,016,475 146,458
FineS and forfeits 3,258,300 3,313,233 54,933
Miscellaneous 1,818.434 2,251,121 432,687
Total revenues 65,367,360 67,526,049 2,158,689
Expenditures:
Current
Civic services 13,124,944 12,667,406 457,538
Eleclric-street lighting 1,880,927 1,848,283 32,644
Fire 14,793,214 14,468,027 325,187
General govemment 6,143,640 5,762,283 381,357
Health & community services 4,812,204 4,519,880 292,324
Human resources 844,161 810,997 33,164
Police 22,815,790 22,013,906 801,884
Strategic planning 767,268 774,878 (7.610)
Management services 386,340 389,583 (3,243)
Financial services 1,198,212 1,196,779 1,433
Transportation services 5,354,771 5,007,496 347,275
Non-departmental 1,066,700 1,125,310 (58,610)
Total expenditures 73,188,171 70,584,828 2,603,343
Deficiency of revenues under expenditures {7.820,811) (3,058,779) 4,762,032
Other financing sources (uses):
Operating transfers in 16,029,090 16,030,636 1,546
Operating transfers out (10,597,474) (12,454,461) (1,856,987)
Total other financing sources (uses) 5,431,616 3,576,175 (1,855,441)
Excess (deficiency) of revenues and other
financing sources (uses) over (under) expenditures (2,389,195) 517,396 2,906,591
Fund balance at beginning of year 18,472,903 18,472,903
Fund balance at end of year $ 16,083,708 $ 18,990,299 $ 2,906,591
See accompanying notes to financial statements
21
CITY OF LUBBOCK, TEXAS
COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN EQUI1Y
ALL PROPRIETARY FUND TYPES AND DISCRETELY PRESENTED COMPONENT UNITS
Year Ended September 30, 1998
With Comparative Totals for Year Ended September 30, 1997
Operating revenues:
Charges for services
New taps and reconnects
Eftluent water sales
COmmodity sales
Landing fees
Parking
Greenfees and memberships
Rentals
Concessions
Administrative charges
Total operating revenues
Operating expenses:
Personal services
Insurance
Supplies
Materials
Maintenance
Uncollectible accounts
Purchase of fuel and power
Collection expense
Other services and charges
Depreciation
Tcitat operating expenses
Operating income (loss)
Nonoperating revenues (expenses):
Interest
Passenger facllity charges
Disposition of properties
M"ISCelfaneous
Interest and fiscal charges
cash grants and reimbursements
Total nonoperating revenues (expenses)
Income (loss) before operating transfers
Transfers:
Operating transfers in
Operating transfers out
Total transfers in (out)
Net Income (loss)
Depreciation on fixed assels acquired by contributions
Retained eamings at beginning of year as previously reported
Adjustment
Retained earnings at beginning or year as restated
Retained eamings at end of year
Contributed capital at beginning of year
capital contributions
Depreciation on capital contributions
Contributed capital at end of year
Total equity at end of year
$
$
22
Proprietary Fund Types
Totals Primary
Government
(Memorandum
Only)
Internal
Enterprise Service 1998
129,694,475 $
142,660
690,495
531,455
749.234
1,260,733
44,386
1,420,771
927,905
135,462,114
19,023,558
2.539.597
5,713,293
1,109,740
~.060.251
1,&96,364
1'8.384,965
16,712,484 .
104,540,252
30.921,862
5,275,043
1,579,669
40,262
2,403,382
(10,655,215)
(1,356.859)
29,565,003
12,196,247
(25.564,252)
(13,368,005)
16,196,998
591.207
229,877,563
229,877,563
246.665.768
123,082,032
6,756,829
(591,207)
129,247,654
375.913.422 . $
27,510,880 $
71,607
27,582,487
5.211.316
11,597,485
184,085
5,707,673
936,356
1,781,283
412.640
25,830,838
1,751,649
692,044
(43,311)
184,831
(49,570)
783,994
2,535,643
673,666
(145,782)
527,884
3,063,527
7,894,457
7,894,457
10,957,984
4,880,784
699,158
157.205,355
142,660
690,495
531,455
749,234
1,260,733
44,386
1.420.n1
927,905
71,607
163,044,601
24,234,874
11,597,485
2,723,682
5,707,673
6,649,649
1,109,740
39,060,251
1,996,364
20,166,248
17,125,124
130,371,090
32,673.511
5,967,087
1,579,669
(3,049)
2,588,213
(10,704,785)
(572,865)
32,100,646
12,869,913
(25,710,034)
(12,840.121)
19,260,525
591,207
237,772.020
237,772,020
257,623,752
127,962,816
7,455,987
(591,207)
5,579,942 134,827,596
16.537,926 $ ====39::!:2::.4=51=.348==
Component Units Totals Totals
Component Reporting Entity
Pro~riela!): T~~ Units (Memorandum On~)
Civic LIJbbock.
Inc. Citibus 1996 1996 1997
$ 268,619 $ 1,880,487 s 2,149,106 $ 159,354,461 s 149,251,655
142,660 131,305
690,495 505,060
531,455 538,399
749,234 729,073
1,260,733 1,376,865
. 44,386
1,420,771 1,490,980
927,905 900,379
71,607 71,907
268,619 1,880,4a7 2,149,106 165,193,707 154,995,623
69,501 2,693,688 2,763,189 26,998,063 25,729,604
506,682 505,682 . 12,104,167 11,717,843
2,723,682 2;637.045
5,707,6i3 6,396.118
974,003 974,093 7,623,742 6,738,542
1,109,740 841,853
39,060,251 34,266,577
1,996,364 1,827,188
221,908 908,116 1,130,024 21,296,272 21,118,429
4,614 1,407,101 1,411,715 18,536,839 15,558,071
296.023 6,489,680 6,785.703 137,156,793 126,831,270
(27,404) (4,609,193) (4,636,597) 28,036,914 28,164,353
7,466 7,466 5,974,553 5,274,011
1,579,669 1,700,877
(3,049) (90,416)
2,588.213 2,262,528
(4,550) (4,550) (10,709,335) (10,411,111)
3,206.642 3,206,642 3,206,642 2.792.813
7466 3,202,092 3,209,558 2,636,693 1,528,702
{19,938) (1,407,101) (1,427,039) 30,673,607 29,693,055
12,869,913 11,664,061
(25,710,034) (24,555,074)
112,840,121} (12,891,013)
(19,938) (1.407.101) (1,427,039) 17,833,486 16,802,042
1,407,101 1,407,101 1,998,308 1,833,405
387,221 387,221 238,159,241 219.536,709
(12,915)
387,221 387,221 238,159,241 219,523.794
367,283 367~83 257,991,035 238,1
13,821.017 13,821.017 141,783,833 131, .114
677.754 577,764 8,133,751 12,431,124
(1,407,101) (1,407,101) (1,998,308) (1,833.405)
13,091.680 13,091,680 147,919,276 141,783.833
$ 367,21~ $ l3,Qi1,680 $ 13.~58.96~ s 4Q§,91M11 s 379,943,074
See accompanying notes to financial statements
23
CITY OF LUBBOCK. TEXAS
COMBINED STATEMENT OF CASH FLOWS •
ALL PROPRIETARY FUND TYPES AND DISCRETELY PRESENTED COMPONENT UNrTS
Years Ended September 30,1918
Wllh Comparative Totals for Year Ended September 30, 1997
Totals Primary
Government
Proprieta!:l Fund Types (Memorandum
Internal Only)
Enterprise Service 1998
Cash !lows from operatjng activities:
Operating Income (loss) s 30,921,862 $ 1,751,649 $ 32,673,511
Mjuslmenls to 18C01'1Cile operating income (loss)
to net cash frtlm operating activities:
Depr1!Ciation and amortiZation 17,206,555 412,640 17,619,195
Increase (deerease) in long-term assetslf'labilities
nat requiring cash flow 2,572.256 686,660 3,258,916
Other income 2.5n,643 131,809 2,709,452
Change In c:ummt assets and liabililles:
Accounts receivable (458,362) (31,418) (489,780)
InventOry (14,388) (92,292) (106,680)
Due taffrom other governments 69,867 69,867
Prepaid expenses 30,898 30,898
Accounts payable 1,209,405 296,059 1,505,464
Due lolfrom others (56,947) (56,947)
Due lolfrom other funds 4,420,500 (1,975,000) 2,445,500
Other accrued expenses 10,131 10,131
Customer deposits (13,103) (13,103)
Aa:rueclliabftities 10,831 10,831
Deferred revenue
t.ong..term assets
Net cash provided by (used for) operating activities 58,502,366 1,164,889 59,667,255
Cash !lows from capital and related financing activities:
Payments for gas reserves and other deferred charges (655,846) (655,846)
PurchaseS of property, plant and equipment (34,090,392) (498,342) (34,588,734)
Sale of property, plant and equipment 265,524 19.188 284,712
Receipts (payments) on leases (4,969) (883.072) (888,041)
Pr'incipal paid on revenue bands (3,678,598) (3,678,598)
Interest paid on revenue bands (7,244,279) (7.244,279)
Pl1ncipal paid on general obligaHon bonds and other debt (8,453, 141) (8,453,141)
Interest paid on general obligaHon bands (3,153,482) (3,153,482)
·ISsuance of revenue, G.O. and C.O. boncls. 20,760,000 20,760,000
Deposfts on ~contracts 193,719 193,719
Passenger facility charges 1,579,669 1,579,669
Interest ~ld on long-term debt (49,570) (49,570)
Receipts from building rent 10,634 10.634
Co'ltnbutecl capital 6,110,357 542,968 6,653.325
Net cash used for capital and related
financing actmties {28,371,438) {858,194) {29,229,632)
cash flows from noncapilal and related lnanclng activities:
Operating transfers in from other funds 12,196,247 673,666 12.869,913
Opefating transfers out to other funds {25.564,252) (145,782) (25,710.034)
Advances tiom other llnds
Payments on advances to other funds
casta grants and reimbursements
Book overdrafts
Net cash provided {used) by noncapital and related
financing activities {13,368,005) 521,884 {12,840,121)
Cash flows from investing activities:
Proceeds from sales and maturities of investments 39,184,651 19,075,674 58.260,325
Purchase of investments (42,888,408) (21 ,240,644) (64,129,052)
Interest earnings on cash and investments 5,893,002 723,088 6,616,090
Net cash provided by (used for) investing activities 2,189,245 (1,441,882) 747363
Net Increase (decrease) in pooled cash and cash equivalents 18,952,168 (607,303) 18,344.865
Pooled cash and cash equivalents at beginning of year 58,352,058 3,676,072 62,028,130
Pooled cash and cash equivalents at end of year $ n,304.226 $ 3,068.769 $ 80,372.995
Supplemental cash flow information:
Noncash capital contributions for the Enterprise Funds during fiscal year 1997-98 was $863.600.
24
Component Units
Totals Totals
Proprtatary Types Cc:irnp:)nent Reporting Entity
Civic Lubbock. ggJ,MerrtorW'tdum Onlrj Inc. CHibus 1 1997
s (27,404) s (4,609,193) s (4,636,597) $ 28,036,914 s 28,164,353
4,614 1,407,101 1,411,715 19,030,910 15,558,071
. 3,258,916 (4,855,089)
2,709,452 2,199,668
(5,585) (204,378) (209,943) (699,723) (1,049,158)
(1,176) (86,733) (87,909) (194,589) 64,948
(104) (104) 69,763 (786,425)
(29,399) 40,017 10,618 41,516 (64,880)
(28.623) (7,384) (36,007) 1,469,457 2,057,300
(56.947) (165,884)
2,445,500 (1,720,408)
32,913 32,913 43,044 81,245
(13,103} (46,308)
10,831 2,065
(286) (286) (286· (1,701)
(114,000) {114,000) (114,0001 63,936
{201,943) (3,427,657) {3,629,600) 56,037,655 39,501,733
(655,84f51 (5,803,806)
(34,588,734) (16,653,387)
284,7t2 194,571
(888,041' (875,043)
;3,678,598) (3.393,275)
(7.244.276! (6,098,748)
(8,453, 141) (7,842,381)
(3,153,482) (4,354,004)
20,760,000
193,719 (21,389)
1,579,669 1,700,877
(4,550) (4,550) (54,120) (97,914)
10,634 10,598
6,653,325 1.488.669
[4,550) (4,550) [29~34.182) [41,745,232)
12,869,913 7,373,669
(25.710,034) (20,264,682)
(120,000)
14,603
3,206,642 3,206,642 3,206,642 2,792,813
(50,820)
3,206,642 3.206,642 (9,633.479) (10,254,417)
58,260,325 66,469,482
(64,129,052) (64,740,062)
7,466 7,466 6,623.556 4,927,847
7,466 7466 754,829 6,657,267
(194,477) (225.565) (420,042) 17,924,823 (5,840,849)
383,467 325,534 709,001 62,737,131 68.5n,78o
$ 188.990 $ 99.969 s 288,959 s 80.6§1,954 $ 62,137.131
See &CCOI'Illanying notes ID financial statements
25
CITY OF LUBBOCK
Notes to Financial Statements
September 30, 1998
I. Summary of Significant Accounting Policies .......................................... 29
A. Reponing Entity ............................................................................... 29
B. Basis of Presentation-Fund Accounting .......................................... 31
C. Basis of Accounting ........................................................................... 3)
D. Budgetary Accounting .................................................................. ~ .... 33
E. Encumbrances ...................................................................... ~ ............ 34
. F. Assets, Liabilities and Fund Equity ..... ~ ............................................. 34
G. Risk Management .............................................................................. 35
H. Revenues, Expenses and Expenditures .............................................. 36
I. Totals {}demorandum Only) ............................................................. 37
J. Reclassification .................................................................................. 37
IT. Stewardship, Compliance and Accountability ........................................ 37
A. Retained Earnings/Fund Balance Deficits ........................................ 37
ill. Detail Notes on all Funds and Account Groups ..................................... 38
A. Pooled Cash and Investments ............................................................ 38
B. lnterfund Transactions ...................................................................... 40
C. Deferred Charge ............................................................. , .................. 41
D. Property, Plant and Equipment ........................ .u ............................. 41
E. Retirement Plans ............................................................................... 42
F. Deferred Compensation .......... ~ ......................................................... 48
G. Surface Water Supply ........................................................................ 48
H. Other Enterprise Fund Activities .................................................... .49
26
CITY OF LUBBOCK
Notes to Financial Statements
September 30, 1998
I. Segment Information-Enterprise Funds .......................................... 50
J. Lease Agreements .............................................................................. 51
·K. Long-Term Debt ., ............................................................................. 52
L. Advanced Defeasement ..................................................................... 56
M. Accrued Insurance Claims ................................................................. 57
N. Landfill Closure and Postclosure Care Cost ..................................... 57
IV. Contingent Liabilities .............. , ............................................................... 58
A. Federal Grants ....................... , ........................................................... 58
B. Litigation ........................................................................................... 58
C. Site Remediation ......................... , ..................................................... 58
D. West Texas Municipal Pot~.·er Authority ........................................... 58
V. Financial Instruments ............................................................. , ................ 58
VI. Disclosures About Year 2000 Issues ........................................................ 59
VII. Subsequent Events ............................................................... , ................... 59
27
28
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
The financial ttatements of the City of Lubbock, Lubbock County, T aas (City) have been prepam.l in
coafo.rmity 'With Genenlly Accepted Accounting Principles {GAAP) as applicable to governrDmtal
units. The Government Accoun~ Standards Board {GASB) is the acknowledged standanketting
body for est:abl.isb.ing governmental accounting and· 6n2ncial repo~ principles. With respea to
proprietary activities, including component· units, the City bas adopted GASB Statement No. 20,
• Accounting azul Financial Reporting for Proprietary Funds and Other Governmental Entities that use
Proprietary Fand Accounting. • The City has elected to apply all applicable GASB pronouncements as
well as Finmcial Accounting Standards Board (FASB) pronouncements and Accounting Principles
Board (APBl Opinions, issued o.n or before November 30, 1989 unless those pronouncements conflict
with or com."'adict GASB pronouncements. The more significant: accounting policies are described
below.
A. R.EPORTING ENTITY
In June. 1991, tbe GASB issued Statement No. 14, -ne Financial Reporting Entity•. In
accordance witb this statement, the City has presented tbose entities, which comprise the primary
government along witb its discretely presented Component Units in the fucal year 1998 general-
purpose financial statements.
The Gty is .1. municipal corpon.tion governed by a "fayor·Council form of government. As
required by GAAP, the general purpose financial statements present the reporting entity 'llrbicb
consisu ::>f the primary government, organizations for which the primary government is
fmancially accountable and otber organizations for which tbe nature and significance of tbeir
relationship with the primary government are such tbat exclusion could cause the City's ger..eral
purpose financial statements to be misleading or incomplete.
Bl.El\l)ED COMPONENT UNITS
The following Component Unit bas been presented as a blended Component Unit because
although it is legally separate, tbe Component Unit is so intertwined with the primary government
that it is. in substance. a part of tbe prim~ry government.
The Urban Renewal Agency (URA) was formed to provide Urban Renewal Services for the City
of Lubbock. tbat include rehabilitation of housing. acquisition of housing, and disposition of land.
The Urban Renewal Agency Board is composed of nine members appointed by the Mayor, with
the consent of City Council, and acts only i.n an advisory capacity to tbe City Council. All powers
to govern the component unit are held by the City Council such that, the City Council is
essentially tbe governing body for the Urban Renewal Agency. Financial activity of tbe
Component Unit is reported in the Community Development Expendable Ttust. Fund.
DISCRETELY PRESENTED COMPONENT UNITS
The Component Unit columns in the combined financial statements include the financial data of
the City's otber Component Units. They are rep~rted in a separate column to emphasize that they
are legally separate from the City. The following Component Units are included i.n the reporting
entity b<!ause tbe primary government is financially accountable and is able to impose its will on
the organization. A primary government has the ability to impose its will if it can significantly
influence operations and/or activities of an organization.
City Transit Management Co., Inc. dba Citibus (Citibus) In 199g, tbe City reneweJ a fi,·e year
management agreement with McDonald Transit Associates, Inc. to manage and operate a city
owned transportation system (Citibus). Citibus is a legally separate entity. The City Council
appoints the seven-member Lubbock Public Transit Advisory Board, and approves the annual
budget. The City is responsible for funding deficits. Citibus is reported as a proprietary type
component unit.
29
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
.A. REPORTING ENTITY CCONDNlJED)
Civic: Lubbock, Inc:. promotes the cultural and educational usage of the Lubbock Memorial Civic
Center and Lubbock Municipal Coliseum. The 7 member board is appointed by the City Council.
City Council approves the annual budget for Ci.vic: Lubbock, Inc:.. Ci.vi.c: Lubbock. Inc:. is reported
as a proprietary type component uni.t.
Market Lubbock, Inc:. On October 10, 1995, the Lubbock Ci.ty Council created Market Lubbock.
Inc., a non-profit corporation responsible for creating, managing, operating and supervising
program$ and activities for the purpose of promoting. assi.stinc and enhancing economic
development within and around the Ci.ty of Lubbock. Market Lubbock, Inc. is a legally separate
entity. The City Counc:il appoints the seven-member board. The operation is funded mostly by
the equivalent of three cents of the property tax rate. Market Lubbock, l.oc:. is reported as a
governmental type component unit. ·
Marketing, Entertainment, Tr.avd. Tourism, and Sports, Inc. (METTS) we~ formed on
September 22, 1995 with the merger of the Civic Center and the Convention and Tourism B~u
of Lubbock. Inc. boards.· METIS promotes the City as a convention c~r. as a Ci.ty of interest
to tourists, and encourages the use of the Lubbock Memorial. Ci.vic: Center and
Auditorium/Coliseum as "l--ell as other facilities located in the City. The operations are managed
by a board of di~ctors appointed by the City Council. METIS is a legally separate entity. City
Council approves the annual budget. METIS is reported as a governmental type component unit.
The combined financial statements present financial statements for each of the four discretely
presented component units. Copies of financial statements of the indi"t-idual component units may
be obtained from their respective administrati\-e offices listed below:
Administr2tive Offices
Ci.ty Transit Management
Co., Inc. dba Citibus
801 Taas
Lubbock. T ms
Civic Lubbock. Inc.
1501 6th Street
Lubbock, Texas
RELATED ORGANIZATIONS
Market Lubbock, Inc
1212 13111 Street
Suite 300
Lubbock, Texas
METTS, Inc.
1212 13u. Street
SUite 300
Lubbock. Texas
The City's officials are also ~onsible for appointing the members of the boards of other
organizations but the City's accountability for these organizations does not extend beyond making
the appointments.
The following are related organizations, which have not been included in the reporting entity:
Housing Authority of the City of Lubbock (Authority) is a legally separate entity. The Mayor
appoints the five-member board. It is the City .Attomey's opinion that the Authority is
independent of the Ci.ty of Lubbock. The .Authority is not flSCally dependent on the . City of
Lubbock and City Council is not able to impose its will on the entity. The City of Lubbock has
no responsibility for debt issued by the Authority.
Lubbock Firemen's Retirement and R.elief Fund (LFRRF) operates under provisions of the
Firetnen's Relief and Retirement Laws of the State of Texas for purposes of providing retirement
benefits for the City's firefighters. Its affairs are governed by the Mayor's designee, the Finance
Manager, three firefighters elected by members of the LFRRF, and two at-large members elected
by the Board. It is funded by contributions by the firefighters and matched by contributions from
the Ci.ty. As provided by enabling legislation, the City's responsibility to the LFRRF is limited to
matching monthly contributions made by the members. Title to assets is vested .in the LFRRF and
30
CITY OF LUBBOCK, TEXAS
Notes to FinanCial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
A. REPORTING ENTITY (CONTINUED)
not in the: City. The State Firemen's Pension Commission exercises general oversight authority
over the l.FRR.F; thus, the City of Lubbock does not significandy iDfluence operations.
Lubbock Arts AUiaacc, Inc. (AUiancc) is dedicated to the promotion and improvement of the
arts and sponsoring the annual Lubbock Arts Festival. Fiscal dependence by the Alliance on the
City is not significant to the City. City Council does not appoint the board. The City is not able
to exert its will on the Alliance.
Lubbock Health Facilities Devdopma1t Corporation (IHFDC) promotes health .facilities
devdopment. City Council appoints the seven-member board. 1kmds issued by LHFDC do not
constitute indebtedness of the City. The City does not govern operations of UiFDC.
Omcimax is a theater financed with proceeds from bonds issued by the City. The Omnimax is
leased to the Science Spectnun, Inc. City Council does not appoint the board. The City is not
able to impose its will on the organization. The City bas a COJ1tractual agreement with Science
Spectrum, Inc. for the operation and maintenance of the theater and for a percentage of net
revenues to be allocated to the City for debt service reimbu:sement.
Lubbock Housing Finance Corporation, Inc. (LHFC) was formed pursuant to the Texas
Housing Finance Corporation Act. to finance the cost of decent, safe, affordable residential
housi.rig. The Mayor appoints the sevm.-member .board. It is the opinion of the City Attorney
that UiFC is independent of the City. Indebtedness of the LHFC does not constitute
indebtedness of the City. The City is not able to impose iu will on the LHFC.
JOINT VE.l'~TL'RE
In May 1998, the City, along with three other cities in the West Texas arCa, entered into an
agreement with the West Texas Municipal Power Authority ("WTMPA ") to purchase power
generated by a co-gc:neration facility to be construCted wi:h the proceeds obtained from the
issuance of $28,910,000 of revenue bonds issued by WTMPA. The contractuai arrangement with
WTMP A calls for each participating city to guarantee payments of the WTMP A bond debt service
in the event the net revenues of the power sales contracts with the participating cities is not
adequate to cover the debt service. The City's percentage of the debt service guaranteed is 85.21%.
The City has an ongoing financial interest in WTMPA through the contractual arrangement to
purchase generated power and is also considered to have an ongoing financial responsibility due to
the manner in which the debt service is guaranteed as well as the responsibility for financing the
operations of the joint venture by purchasing the power generated by WTMP A which will benefit
the citizens of Lubbock.
Financial information for WTA-fPA can be obtained from the City of Lubbock, P.O. Box looO,
Lubbock, Texas 79401, (Attention Managing Director of F'mancial Services).
During the year ended September 30, 1998, the City did not purchase any power from WTMPA
and the City was not required to subsidize any debt service payments.
B. BASIS OF PRESENTATION· FL~'D ACCOUNTING
The ftnancial transactions of the City are recorded in individual funds and account groups. Each
fund is accounted for by providing a separate set of self-balancing accounts that comprise its assets,
liabilities, reserves, fund equity, revenues, and expenditures/ expenses.
The various funds are classified into three categories: governmental, proprietary and fiduciary.
The following fund types and account groups are used by the City:
31
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
B. BASIS OF PRESENTATION· FUND ACCOUNTING (CONTINUED)
GOVERNMENTAL FUND TYPES
General Fund is the general operating fund of the City. It is used to account for all 6oancial
transactions except those required to be accounted for in another fund.
Special Revenue Funds are used to account for the proceeds of specific revenue source$ (other
than special assessments, expendable n:usu, or major capital projects) that are legally restricted to
expenditurl!S for specified purposes.
Debt Service Funds are used to account for the accumulation of financial resources ·for the
payment of interest and principal on the general long-term debt of the City.
Capital Project Funds are used to account for financial resources to be used for the acquisition or
construction of major capital facilities (other than those f.tnanced by Proprietary Funds or Trust
Funds).
PROPRIETARY FUND TYPES
Enterprise Funds are used to account for operations of the City (a) that are financed and operated
in a manner similar to private business enterprises, where the intent is to provide goods or services
to the general public on a continuing basis, the cost of which is to be recovered in whole or pan
through user charges; or (b) where the governing body has decided that periodic determin.uion of
. revenues earned, expenses incurred, and/ or net income is appropriate for capital maintenance,
public policy, management control, accountability, or other purposes.
Internal Service Fund is used to account for the financing of goods and services provided by one
department or agency to other departments or agencies of the City, or to other governments, .::~n a
user charge basis.
FIDUCIARY FUND TYPES
T ransactioos related to assets held by the City in a trustee capacity or as an agent for individuals,
private organiz.atioos, other governments and other funds, are accounted for in fiduciary fund
types. Fiduciary fund types are comprised of:
Expendable Trust Funds account for assets received and expended by the City as trustee in
essentially the same manner as governmental fund types.
Agcnc:y Funds are used to account for assets held by the City as a custodial trustee. They are
accounted for on the modified accrual basis of accounting with respect to asset and liability
recognition. but do . not have a measurement focus since agenc:y funds do not account for
operations.
ACCOUNT GROUPS
General Fixed Assets Account Group represents a summary of the fixed assets of the City, other
than those fixed assets reported in the Proprietary Funds. Capital expenditures of the Capital
Projects Fund are the primary source from which the detailed records of the general fixed assets
account group are developed. Capital expenditures are carried in this account group as
construction in progress until the projects are completed and are then capitalized by function and
classification.
32
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
B. BASIS OF PRf..SENJATION ·FUND ACCOUNTING (CONTINUED)
Infrastructure fixed assets such as strMs, highways., bridges, sidewalks. street lighting, traffic poles
and signals, and stonn ~ers., are accounted for in the General Fixed Assets Account Group and
reported in the Schedule of General Fixed Assets.
General fixed assets an: not depreciated ·and are recorded at historical cost at the time .of
acquisition. Donated assetS are recorded at their fair market value on the date donated
General Long· Term Debt Account Group is used to account for the City's liability for general
long-term debt such as general obligation bonds., certificates of obligation, long-term notes payable,
long-term )eases, and obligations for mployee vacation. sick-leave benefits, insurance claims and
rebatab)e arbitrage, other dwl those reported in the Proprietary Funds.
C. BASIS OF ACCOUNTING
The modified accrual basis of accounting and the Oow of .:urrcnt fmancial resources measurement
focus is followed for governmental fund types and expendable truSt funds. Under this basis of
accounting, expenditures., other than interest on long-term debt in the Debt Service Fund, which is
recorded v.·hen due, ue recorded when the liability is incu:red Revenues are r«ordo:d '~'<hen
received in cash unless i\lsceptible to accrual. Revenues under the modified accrual basis muSt be
both measurable and anilable to fmance current year appropriations. ReYenues considered to be
susceptible to accrual under the modified accrual basis are property taX, wes tax. franchise tax.,
hoteVmotel tax, certain grant revenue and investment income. The accrual basis of accounting
and the Oow of economic resources is followed in the enterprise funds and internal service funds.
Under this methoJ o: accounting, revenues are recognized when earned and expenses are
recorded when a liability is incurred.
Under the current tlllallcial resources measurement focus, only current assets and current liabilities
are included on the balance sheet. Net current assets or fund balance is considered a measure of
available spendable resources. The Cow of financial resources measurement focus i$ concerned
primaray with the measure of interperiod equity (e.g. whether current year revenues ,.·ere
sufficient to pay for current year services).
Enterprise funds and internal service funds are accounted for using an economic resource
measurement focus. All assets and liabilities including fixed assets and long-term debt are included
on the balance sheet. Fund equity is segregated into its contributed capital and retained earnings
components. Proprietary fund type operating statements present increases {revenues) and decreases
{expenses) in net total assets.
D. BUDGETARY ACCOUNTING
Annual budgets are adopted oo a basis consistent with generally accepted accounting principles for
all governmental funds except for special revenue funds, debt service funds, and capital project
funds, which adopt project-length budgets. All annual appropriations lapse at fiscal year end.
Annually, the City ~tanager submits to City Counca a proposed operating budget for the
upcoming fiscal ~·e.a.r. Public hearings are conducted to obtain taxpayer comments, and the budget
is legally enacted through passage of an ordinance by the City Council.
Budgetary control is maintained by department and by the following category of expendirures:
personnel services, supplies, maintenance, other charges, and capital outlay. All budget
supplements must be ipproved by the City Council. Administrative transfers and increases or
decreases in accounts Tithin categories may be made by management as long as expenditures do
33
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
D. BUDGETARY ACCOUN11NG (CONTINUED}
not exceed budgeted appropriations at the fund level. Budgeted amouots shown are from the
revised budget, adopted by resolution on August 17, 1998. During the year, the budget was revised
to reflect a .84% increase in General Fund operating revenues and a .87% decrease for the General
Fund operating expenditures from the original budget. Each year, in accordance with State law,
the City Council sets an ad valorem tax levy for a sinking fund (General Obligation Debt Service)
"" which, with cash and investments in the £wid. would be sufficient to pay all the bonded
indebtedness and interest due in the foUowing fiscal year.
E. ENCUMBRANCES
At the end of the year, encumbrances for which goods and/or services have not been received are
cancded. At the beginning of the next year, management reviews all open encumbrances. During
the revised budget process. budgets may be re-established. On October 1, 1998, the General Fund
had approximately $)6,100 which management will evaluate to determine whether there will be
additional appropriations made for these expenditures during fiscal year 1999.
F. ASSETS, UABIIrnES AND FUND EQUITY
Equity in Pooled Cash and Investments • The City pools the resources of the various funds in
order to facilitate the management of cash and enhance investment earnings. Records are
maintained that reflect each fund's equity in the pooled account. GASB Statement No. 31,
Accomsting and Financial Reporting for Certain ln'III!Stments and for External /nwstment Pools
became effective for the year September 30, 1998. This statement requires certain investments to
be carried at fair value with the change in fair '-alue included in the determination of investment
income shown in the operating statement. The effect on the City's inVestment portfolio, (which
acludes the City's deferred compensation plans· see Note m F.) as a result of the implementation
of the statement, was not significant such that the carrying value of the portfolio is considered to
approximate fair market value.
Cash and Cash Equivalents • Cash equivalents are defined as short·term highly liquid investments
that are readily convertible to known amounts .of cash and have original maturities of three
months or less which present an insignificant risk of changes in value because of changes in interest
rates.
Property Tax Receivable· Property taxes are assessed and liens attach on valuations as of january
1, levied on October 1 of each year, and become delinquent February 1 of the following .year.
UncoUected taxes, net of the estimated uncollectible imount, are recorded as receivable in the
General and Debt Service Funds. Deferred revenue is recorded in an amount equal to net
delinquent taxes receivable, less taxes collected '!lt"ithin 60 days after the end of the fiscal year.
Enterprise Fund Receivable • Within the Electric, Water, Sewer and Solid Waste Enterprise
Funds, services rendered but not billed as of the close of the fiscal year, are not considered
significant. Amounts billed are reflected as receivable net of an allowance for uncollectibles.
Inventories • Inventories in the Proprietary Fund Types consist of expendable supplies held for
consumption. Inventories are valued at cost using the average cost method of valuation.
Proprietary Fund Types use the consumption method of accounting (i.e., inventory is expensed
when used rather than when purchased).
Prepaid Items • Prepaid items are accounted for under the consumption method.
Restricted Assets • Certain enterprise fund assets are restricted for construction which has been
funded through long-term debt, therefore, reuined earnings have not been reserved for these
amounts. The excess of assets restricted for the payment of debt service over certain liabilities are
induded as retained earnings reserved for capital projects, rate stabilization, economic development
·and bond indentures.
34
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, t 998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
F. ASSETS. UABILITIES AND FUND EQUITY (CON1JNUED)
Fixed Assets and Deprcci:atioa • General fixed assets are not capitalized in the funds used to
acquire or c:oastrw::t them. Instead. capital acquisitio11 and coastruction are reflected as
expenditures in Governmental fwlds, and the rdatcd assets are reported in the Geoeral Fixed
Assets Account Group. AU purclwed fa:ed assets are recorded at cost. Doaated asseu :are recorded
at the fair value on the date of donation. Assets in the Geu.ual Fixed Assets Account Group are
not depreciated. Property, plam and equipment of the Propr.etary Fuads are stated at cost or
estimated market value for doaaud assets. Depredation is computed using the straight-line method
over the estimated useful lives as follows:
Improvements
Buildings
Equipment
10.50 years
15-50 years
3-lSyears
Interest Capitalizatioa • The City capitalizes interest cost in its .Eaterprise Funds on bonds used
for fixed asset coastructioa, Det of intuest income earned on the temporary mvestment of the tax·
exempt bond proceeds. Interest costs mcurred duriag the year were $13,313,352. No interest was
capitalized during the year ended September 30, 1998.
Advances to Other Funds • A.c:.owm owed to one fund by ao.other which are not due \\-ithi.o one
yeu are recorded as advances to :ther funds. These are equally offset by a fund balance reserve
amount in the governmental fun.::_s, which indicates they do not constitute available spendable
resources.
G. RISK MANAGEMENT
The City is primarily self-msure.: for medical and dental coverage. The liability for incurred clou.ms
represents estimates for medic:aimd dental claims inC" . .nred as of September 30, 1998. Some of
these cL.ims were reponed at Sq:ltember 30, 1998, and others which are incurred but not reported
(IBNR), may not be reported Ul'l.til a later date. IBNR is actuarially determined by the City's
independent insurance administrator.
The City's self-insured worker's compensation and general liability programs are on a cash flow
basis, which means that the semce C:ODtractor processes, adjusts aa.d pays claims from a deposit
provided by the City. The City" accounts for the worker's compeasation program in the Risk
Maaagemeat Fuud (aa. laterml Service Fund) by charging premiums based upon losses,
administrative fees and reserve requirements.
The Risk Management Fund establishes claim liabilities based on estimates of the ultimate cost of
claims fmduding future daim ~ent expenses) that have been reported but not settled, and of
claims th.i.t have been iacurred but not reported. The length of time for which such costs must be
estimated varies dependUig on the coverage involved. Estimated amounts of salvage and
subrogation and reinsuraace recoverable on unpaid claims are deducted from the liability for
unpaid claims. Because actual claim costs depend on such complex factors as inflation, changes in
doctrines of legal liability, and d.:amage awards, the process used in computing claim liabilities does
not aecessarily result in an e:ua amount, parriculMly for coverage's n~ch as general liability.
Claim liabilities are recomputed periodic:ally using a variet)• of actuarial and statistical techniques
to produce current estimates tbn reflect recent settlementS, claim frequency, and other economic
and social factors. Adjustments tlJ claim liabaities are charged or credited to expense in the period
in which they are made.
Additionally, property and boi!u coverage is accounted for ia the Risk Management Fund. The
property insurance policy was purchased from an outside i.nsuraace carrier. The policy bas a
$250,000 deductible per occurrc=ce, and the boaer co,·erage i.nsurance deductible is up to StCC,OOC
dependent upon the unit. Pn:mmms are charged to funds based upon policy premiums and reserve
payments.
3S
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
G. RISK MANAGEMENT (CONil:NuED)
Other small insurance policies, such as surety bond coverage and miscellaneous Boaters, are
accounted for in the Risk Management Fund. Funds are charged expenditures based on premium
amowru and administrative charges. The City has had DO significant reductions Ul insurance
coverage during the year. Settlements in the current year and preceding two years have not
exceeded insurance coverage. · ·
H. REVENUES. EXPENSES AND EXPENDIWl!..ES
Iatm:st Income on pooled cash and investments is allocaed monthly based on the percentage of a
fund's average daily equity in pooled cash and mvestmenu to the total average daily pooled equity
in pooled cash and mvestments, except for certain Trust and Agency Funds. certain Special
Revenue Funds, Governmental Capital Project Funds, and certain Internal Service Funds.
The interest income on pooled cash and mvestments of these funds is reported in the General
Fund or the Debt Service Fund.
Sales Tax Revenue for the City results from an allocation of 1.125% of the total sales tax levy of
7.1mi0o, which is collected by the State of Texas and remitted to the City monthly. The tax is
collected by the vendor and required to be remitted to the State by the 20th of the month
follov•mg collection. The tax is then paid to the City by the lOth of the next month. On January
21, l~S. voten approved a 118 cent increase in sales taX to reduce the property tax rate which
went into effect October 1, 1995.
Grant Revenue from federal and state grants is recognized to the extent that the related
expenditure has been mcurred.
lnterfund Transactions or quasi-external transactions are accounted for as revenues, expenditures
or expenses. Transactions that constitute reimbunements to a fund for expenditures/expenses
initially made from that fund that are properly applicable to another fund, are recorded as
expenditures/expenses in the reimbursing fund and as reductions of apenditureslapenses in the
fund that is mmbuned.
Nontea~rring or nonroutiDe permanent transfen of equity are reponed as residual equity
transfen. All other interfund transactions except quasi-external transactions, reimbursements,
temporary receivable and payables, and residual equity transfers are reponed as operating transfers.
Compc:nsa.ted Absences consists of vacation leave and sick leave. Vacation leave of 10-20 days is
granted to all regular employees dependent upon the date employed, years of service, and civil
service status. Beginning in calendar year 1995, up to -40 boun of vacation leave may be •carried
over• to the next c:alendar year. The City is obligated to make payment upon retirement or
termination for any available, unused vacation leave.
Sick leave for employees is accrued at 1 1/4 days per month with a maximum accrual statuS of 200
days. After lS years of continuous full time service for non-civil service personnel, vested sick
lean is paid on retirement or termmation at the current hourly rate for up to 90 days. Upon
retinment or termination, Ci"·il Service personnel (Police) are paid for up to 90 clays accrued sick
leave after one yeat of employment. Civil Service Penonnel (Firefighters) are paid for up to llS
days of accrued sick leave upon retirement or termination. The Texas Civil Seni.ce laws dictate
certain benefits and personnel policies above :md bqond those policies of the City ..
The liability for the accumulated vacation and sick lea'\'e is recorded in the gf.'neral long-term debt
account group for governmental fund employees and as a noncurrent liability in the proprietary
funds for proprietary fund employees. Management has determined that the current portion of
this liability is not significant to the overall financial position of the City.
36
CITY OF LllJBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES
H. REVENtJES. EXfENSES AND EXPENDITURES (CONTINUED)
Post Employment Benefits for retirees of the City of Lubbock include the option to purchase
health and life insurance benefits at their own expense. ·Amounts to cover premiums and
administrative costs. with an incremental charge for reserve funding. are determined by the City's
health care administrator. Employer contributions are funded on a pay-as-you-co basis. Financial
activity is reported in the Health Insurance Internal Service Fund. The following scbedule reflects
participation in the City's health are program:
Participants
Active
Retired
Cobra
Active Claims
Retired Claims
Cobra Claims
Total Claims
1998
1,718
351
23
1998
$5,117,785
2,021,681
13,975
&,153,441
% of Employee Groups to total claims
Active 71.54%
28.26%
.20%
Retired
Cobra
Total% lOC.OOo/.,
I. TOTALS (MFMORANDUM ONLY)
The Totals {Metnorandum. Only} colwnns represent an aggregation of the combined financial
statetnents and do not represent consolidated fUWlcial information. Data in those columns do not
represent financial position and results ci operations, in conformity with GAAP and are presented
only to 'facilitate analysis.
(. RECLASSIFICATION
Certain 1997 amounts have been reclassified to conform to 1998 presentation.
NOTE II. STEWARDSHIP, COMPLIANCE AND ACCOUNTABIUTY
A. RETAINED EARNINGS/FUND B.UANCE DEFICITS
The deficit of $21J69 in the Library Expendable Trust Fund is the result of a timing difference
between expenditures incurred and the filing of requests for reimbursements.· These funds have
not been accrued. as certain reimburse:nent amounts are not measurable at September 30, 1998,
which is consistent with the rev:nut recocnition required by the modified accrual basis of
accounting.
The deftcit of $279,725 in the Police bpendable Trust Fund is the result of a timing difference
between expenditures incurred and the ii.ling of requtsts for reimbursements. These funds ba:ve not
been accrued. as certain reimbursetnent amounts are not measurable at Septetnber 30, 1998, which
is consistent with the revenue recognition required by the modified accrual basis of accounting.
37
CITY OF LUBBOCK; TEXAS
Notes to Financial Statements
September 30,1998
NOTE U. STEW ARDSIDP, COMPUANCE AND ACCOUNT ABIUlY
A. RETAINED EARNINGS/FUND BALANCE DEFICITS (CONTINUED>
The de£icit of S2l,U6 in the Community Services Expendable TIUSI: Fund is the rnult of a t.iming
difference between expenditures incurred and the filing of requests for reimbursements. These
funds have not been accrued, as certain reimbursement amounts an not measurable at September
30, i998, which is consistent with the revenue recognition required by the modified accrual basis
of accounting.
The deficit in the Golf Enterprise Fund of $1,679,788 is the remit of placing itself in a more
competitive position throught non-capital course equipmem improvements. On October 13, 1994,
the City contracted with Fore Star Golf, Inc. for management services to be provided for the City~s
operations. The manacement agreement is effective through December 31, 2014. Over the term of
the contract, Fore Star Golf, Inc. will receive a portion of the golf course revenues based on a
sliding scale.
The deficit of $447,186 in the Internal Service Fleet Maintenance Fund results from the practice of
not recovering depreciation through user charges. Management is evaluating user charges in order
to recover depreciation and recover the retained earnings deficit.
The deficit of $2,262.286 in the lnternal Service Radio Shop Fund results from the practice of not
recovering depreciation through user charges. Management is ealuating user charges in order to
recover depreciation and recover the retained earnings deficit. The Radio Shop Fund also incurred
a capital lease of $2.1 million and will recover the financing cost and capital cost from user
departments O\"Cr the next few years.
The deficit of $3,079,866 in the lntem31 Service Management Iniormation Fund results from the
practice of not recovering depreciation through user charges. .-\ capital lease in this fund also
contributed to the retained earnings deficit. Management is C\·.luating user charges in order to
recover depreciation, financing and capital costs, and the retained earnings deficit.
The deficit of S287,869 in the Internal Service Communications Fund results from the practice of
not recovering depreciation through user charges. Management u evaluating user charges in order
to recover depreciation and recover the retained earnings deficit.
No other funds of the City had deficits in either total fund balanca or total retained eam.ings.
NOTE m. DETAIL NOTES ON All FUNDS AND ACCOUNT GROUPS
A. POOLED CASH AND INVESTMENTS
The City's investment polices arc govemed by State statute md City ordinances. Permissible
investments include direct obligations of the United States or its agencies and instrumentalities,
certificates of deposit, prime domestic banker's acceptances. commercial paper, repurchase
agreements, and deposits in a qualifying investment pool. Collateral is required for demand
deposits, certificates of obligation. and repurchase agreements at t02o/o of all amounts not covered
by Federal deposit insurance. Obligations that may be pledged as collateral are obligations of the
United States and its agencies and obligations of the state and its subdivisions. The City's deposits
and investmClltS are c-.ltegorized below to indicate the level of risk assumed by the City at
September lC. 1998.
38
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30,1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
. A: POOLEQ CASH AND INVESTMENTS (CONTINUED)
INVESTMENT CATEGORY OF CREDIT RISK
(1) Insured, registered or in securities hdd by the entity or its agent in the entity's ruune.
(2) Uninsured and unregistered, with securities hdd by the counter party's tnJSt department or its
agellt in the entity's aamc.
(3) Uninsured and un.registered, with securities held by the counter party or by the uust
department or agent but not iD the entity's aamc.
DEPOSIT CATEGORY OF CREDIT RISK
(A) Insured or collateralized with securities bdd by the entity or by its agent in the entity"s name.
(B) Collateralized with securities hdd by the pledging financial institution's ttuSt department or
agent iD the entity's name.
(Q Uncollateralizcd.
Pooled Cash and Investments
The City's pooled cash .md investmeuts consis:: of deposits with futancial institution.!, certificates
of deposit, U.S. government and agency securities, commercial paper, and deposits in qualifying·
non-regulated money market investment pools (logic). These investments have varying maturities
ranging from one day to three years. The weighted average maturity of the total portfolio is kept
to under two years. The following is a schedule of the City's pooled cash and investments at
September 30, 1998:
Javestments
U.S. Treasury and
Agency Obligations-
Primary Government
Commercial Paper-
Primary Government
Mutual Funds -
Primary Government
Total Investments •
Primary Government
U.S. Treasury and
Agency
Obligations/Other-
Component Units
Repurchase agreement-
Component Units
Mutual Funds •
Component Units
Total Investments-
Component Units
T otallnvestmcnts-
Reporting E.atity
{1)
$90,728,090
24,804,582
4,579,276
Category
(Z)
39
(3)
149,852
Carrying J
Amount
$90,728,090
24,804,582
69,867,360
4,579,276
149,852
262,354
4,991,482
$190,391,514
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE ill. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
A. POOLED CASH AND INVESTMENTS (CONTINUED)
Cash~ Category .Carrying Bank
Bm.k. D_sits {A} (B) (C} Amount Balance
Cash and Bank
Deposiu-Primary
Government 51,686,956 $ $ $144,082 $1,686,956
Cash and &nk.
Deposits-Component
Units 446,844 1150~972 811212 1,7011152 2,031,028
Cash and Bank
Deposits -Reporting
Eutity 12,133,800 $ 1,502,972 $11,212 $1,845,234 $3,717,984
Cash and Investments are reported in the financial statements as:
Primary Component Reporting
B.
Government Units Enti!I
Cash and Cash Equivalents -Non-$9,632,956 $1,583,13I s 11,216,087
Restricted
Cash and Cash Equivalents -Restricted 78,399!135 118,C21 78,517,156
Total Cash and Cash Equivalents 88,0:>2,091 lz701,15l 89z133~43
Investmenu-Non Restricted 75,117,931 4,991,432 80,209,413
Investments-ReStricted 22~94,092 22,294,092
Total Investments 97,5121023 41991,+81 102,503,505
Total Cash and Investments $185,544,114 $6,692,634 $192!236,7 48
INTERFUND TRANSACTIONS
Interfund receivables and payables consisting of due to/froiD.11Gd advances to/from other funds at
September 30, 1998 were as follows:
Funds
General Fund
Special Revenue Funds:
Hotel/Motel Tax
Capital Project Funds
Enterprise Funds:
Electric Enterprise
Water Enterprise
Sewer Enterprise
Airport Enterprise
Golf Enterprise
Stormwater Enterprise
Internal Service
Expendable Trust Funds:
Community Development
Community Services
Library
Total Primary Government
40
Interiund
Receivables
$6,521,939
1,086,068
635,342
.239,778
1,389,000
$9,872,127
Interfund
Payables
$
600,000
1,578,973
239178
2,020,500
290,000
3,204,876
1,784,000
19,000
135,000
$9,872.127
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
C. DEFERRED CHARGE
The total deferred charges of $9,199,603 includes $4,000,000 which represents an advertising
contract with the United Spirit Arena. The advertising will begin with the opening of the sports
arena and will continue for 30 years. Amortization of this amount will begin upon the opening of
the arena.
The deferred charges also include ail amount of $1,941,194 at September 30, 1998, which represents
prepayments for two separate contractS for future delivery·of natural gas as contracted for by the
City. In 1988, a contract was entered into for the purchase of proven a.nd unproven reserves,
totaling 2,000,000 MMBTU at $1 . .56 per MMRTU with an option, which the City has exercised, to
purchase an additional 2,000,000 MMBTU at the same price. the mnaining amount of
prepayment relative to this contract at September 30, 1998 is $1,643,133. Quantities in excess of the
first 4,000,000 MMBTU can then be purchased at market Talue. During 1988, proven reserves of
338,000 MMB11J were purchased at the Sl.S6 rate. The remaining reserves are being purchased as
proven. One-half the rate, or $.78 per MMBTU, is paid upon proven determination of the reserves
and the b . ..Iance is to be paid upon delivery. The prepayments are to be expensed as the gas is taken
until the prepaid units of gas have been consumed. At September 30, 1998 and 1997, 1,317,934
MMBTU had been delivered, and remaining proven reserves at September 30, 1998 and 1997 were
2, 104,.!73 MfvrBTU.
Oa August 2.5, 1994, the City contracted for the purchase of natural gas to be delivered in future
years. An amount of $298,061 is included in the $1,941,194 which represents a deposit on future
gas deliveries. The City is obligated to purchase .5,.500,000 MMBTl.J of gas pu year in fiscal years
1999 through 2008. ·
The remaining deferred charges of $3,2.58,409 represent infrastructure and other economic
devdopment cons being amortii.ed over 5 years.
D. PROPERTY. PLANT AND EQUIPMENT
General faed assets of the City for the year ended SeptembcrlO, 1998, are as follows:
Balance Balance
10-1·97 Additions* Deletions• 9-30-98
Land s 8,485,171 $ s $ 8,48.5,171
Buildings and improvements 3.5,892,314 3,814,608 1,019 39,70.5,903
Other Improvements 126,78.5,776 4,279,391 11.5,986 130,949,181
Equipment 27,296,211 7,766,311 4,980,353 30,082,169
Construction in Progress 3218141.504 14,014,729 16,097,20.5 30,7321028
Total $231,273,976 S29,87;,0J9 $21,194,.563 $239,954,452
• Iacludes transfers
41
CIIT OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON AU FUNDS AND ACCOUNT GROUPS
D. PROPERlY. PLANT AND EQUIPMENT {CONTINUED)
Construction in progress is composed of the foRowing:
Proj~ upended Unc:xpendcd
Authorization 9-30.91 Bahncc
Fire Station s 8,189,125 s 695,204 s 7,493,921.
Park Improvements 2,543,045 924,242 1,618,803
Street Improvements 32,487,909 12,423,703 20,064,206
Permanent Street Maintenance 3,398,186 3,283,525 114.661
Genetal Pel1D2DI:Dt Capital Projects 10,673,308 6,873,060 3,800,248
Genetal Pel1D2DI:Dt Capital Maintenance & Other 14,824,011 6.532,294 8,291,724
Total Life-to-Date Activity s 72,1151591 s 30,7321028 s 41,383,563
General fixed asset account group for component units for the year ended September 30, 1998, are
follows:
Additions
Equipment s 2:-il.656 s 60,109
Deletions
$ •
Balance
9-30-98
s 316,765
Property, plant, and equipment recorded in the City's various proprietary funds fmcluding
component units) as of September 30, 1998, is as follows;
Total
Reporting
Internal Total Entity
Enterprise Service Proprietary Component Proprietary
Fund Fund Fund Type Units Fund Tfi!!:
Land s 30,708,629 s 71,182 s 30,779,811 s 520,403 s ]1,300,214
Buildings and improvements 63,859,497 2,006,007 65,865,504 4,023,104 69,888,608
improvements 402,307,927 197,470 402,505,397 243,504 402,748,901
Equipment 40,216,685 7,907,434 48,124,119 14,255,637 62,379,756
Construction in Progress 8~,?39,714 7,294,175 90,033,889 9010331889
Total 619,832,452 17,476,268 637,308,720 19,042,648 656,351,368
Less: Accumulated Depreciation (183,4081991) (l,5721330} {19019811321} {51941z175} {196!923,096}
Net $436,423,461 s 9,9031938 $446,327,399 $13,100,873 $459,428,272
E. RETIREMENT PLANS
• Each qualified employee is included in one of two retirement plans in which the City of Lubbock
participates. These are the Texas Municipal Retirement System (TMRS) and the Lubbock
Firemen's Relief and Retirement Fund (LFRRF). The City does not maintain the accounting
records, hold the investments or administer either fund.
Summary of significant data for each retirement plan follows:
42
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON All FUNDS AND ACCOUNT GROUPS
E. RETIREMENT PLANS (CONTINUED)
TEXAS MUNICIPAL JlETIREMENT SYSTEM (TMRS)
Plan Description
The City provides pension benefits for all of its full-time employees (with the exception of
firefighter's) through a non-traditional, joint contributory, defined benefit plan in the state-wide
Texas Municipal Retirement System (I'MRS), one of 700 administered by TMR.S. an agent
multiple-employee retirement system.
Benefits depend upon the sum of the employee's contributions to the plan. with interest. aad the
City-fiamc:ed monetary credits. with interest. At the date the plan began. the City granted
monetary credits for service rendered before the plan began of a tbeon:tical amount equal to two
times what would have been contributed by the employee, with interest, prior to establishment of
the plan. Mocetary credits for service since the plan began are a percent (100%, 150%, or 200%) of
the employee's accumulated contributions. In addition, the City c:m grant, u often as annually,
mother type of monetary credit referred to as an updated service credit which is a theoretical
amount which, when added to the employee's ac:cwnulated contributions and the monetary credits
for the service since the plan began, would be the total monetary credits and entployee
contributions accumulated with interest if the current employee contribution rate and City
matching percent had always been in existence and if the employee's salary had always been the
average of his salary in the last three years that are one year before the effective date. At
retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with
interest and the employer-financed monetary credits with interest ~-ere used to purchase an
annuity.
Members can retire at ages 60 and above with 10 or more y-ears of service or with 25 y~rs of
service regardless of age. A member is •rested after 10 years. The plan provisions are adopted by
the governing body of the City, within the options available in the state stlltutes governing TMRS
and within the actuarial constraints also in the statutes.
Contributions
The contribution rate for the employees is 7% and the City matching ratio is currently 2 to 1, both
as adopted by the governing body of the City. Under the state law governing TMB.S, the actuary
annually determines the City contribution rate. This rate consists of the aormal cost contribution
rate and the prior service contribution rate, both of which are calculated to be a level percent of
payroll from year to year. The normal cost contribution rate finances the currently accruing
monetary credits due to the City matching percent, which are the obligation of the City as of an
employee's retirement date, not at the time the employee's contributions are made., The normal
cost contribution rate is the actuarially determined percent of payroll aecessary to satisfy the
obligation of the City to each employee at the time his/her retirement becomes effective. The
prior service contribution rate amonius the unfunded (overfunded) actuarial liability (asset) over
the remainder of the plan's 25-year amortization period.. When the City periodically adopts
updated service credits and increases in annuities in dfect, the increased unfunded actuarial liability
is to be amortized over a new 2.5-year period. Currently, the unfunded actuarial liability is being
amortized over the 25-year period, which began. January 1997. The unit credit actuarial cost
method is used for determining the City contribution rate. Both the employees and the City make
contributions monthly. Since the City needs to know its contribution rate in advance to budget
for it, there is a one-year delay between the aetuarial valuation that is the basis for the rate aad the
calendar year when the rate goes into effect. (i.e. December 31, 19'17 valuation is effective for rates
beginningjmuary 1999).
43
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON AU FUNDS AND ACCOUNT GROUPS
E. RETIREMENT PLANS (CON1JNlJED}
TEXAS MUNICIPAL RETIREMENT SYSTEM REQUIRED SUPPLEMENTAL DISLOSURE
6 YEAR fUSTORICAL SCHEDULE OF ACTUARIAL UABILITIES
AND FUNDING PROGRESS
Unfunded
Actuarial
Ac:tuarial Aa:rucd
Asof Actuarial Value Accrued Percentage Liability
Deccmber.Jt ofAssets Liability Funded (UAAL)
1992 $82,930,899 $102,479,816 80.9% $19,S.f8,917
1993 95,946,540 121,493,799 78.9 2S,s.t7,239
1994 101,453,897 128,062,753 79.2 26,608,856
1995 109,679,187 140,152,743 78.3 30,473,556
1996 107,984,862 138,449,326 77.9 30,464,464
1997 119,895,026 153,396,020 78.2 .33,500,994
UALLas a% Annual Required
As of Annual Covered Of Covered Contribution Contribution
December 31 Payroll Payroll (ARC} Made
1992 $41,642,633 46.9% $4,661,638 $4,661,638
1993 44,324,483 57.6 4,579,094 4,579,094
1994 42,815,350 62.1 4.457,659 4,457,659
1995 43,750,083 69.6 5,011,685 5,C11,685
1996 43,498,950 70.0 5,372,808 . 5,372,808
1997 45,015,150 74.4 7,037,656 7,037,656
44
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m .. DETAIL NOTES ON AU FUNDS AND ACCOUNT GROUPS
E. RETIREMENT PLANS (CONTINUED)
LUBBOCK FIREMEN'S RELIEF AND RETIREMENT FUND (LfRRF)
Plan Description
The Board of Trustees of the l.FRRF is the administrator of a s.ingle-employer defined benefit
pension plan. This pension fund is a trust fund. It is reponed by the City of Lubbock as a related
organization and is not considered to be a pan of the City fUlallcial reponing enity. Firefighters in
the Lubbock Fire Depanment are covered by the Lubbock Firefighter's Relief and Reti.rement
Fund. The table below summarizes the membenhip of the fund as of December 31, 1996(most
recent information available).
1. Retirees and beneficiaries rurrently
receiving benefits .and terminated
employees entitled to benefits but
not yet receiving them
2. Current employees
a. Vested
b. Panially Vested
c. N l.)n-Vested
Total
December 31. 1996
200
35
101
433 -
The LFRRF provides service retirement, death, disability and withdrawal benefits. These benefits
vest after 20 years o{ credited service. Employees may retire at age SO with 20 years of service. A
reduced early service retirement . benefit is provided for employees who terminate employment
with 20 or more years of service. A panially vested benefit is provided for firefighters who
terminate employment with at least 10 but less than 20 years of service. The Plan Effective
November 1, 1997 provides a monthly normal service retirement benefit, payable in a Joint and
Tw~Thirds to Spouse form of aimuity, equal to 70.02% of Final 48-Month Average Salary Plus
S 110.50 per month for each year of service in excess of 20 years.
A firefighter has the option to panicipate in a Retroactive Deferred Retirement Option Plan
(R.ETRO DROP) which will provide a lump sum benefit and a reduced annuity upon termination
of employment. Firefighters must be at least age 52 with 22 years of service at the selected
"RETRO DROP benefit calculation date" (which is prior to date of employment termination).
Early R.ETR.O DROP with benefit reductions is available at age 50 with 20 years of service for the
selected •earty R.ETR.O DROP benefit calculation date". Optional forms are also available at
varying levels of surviving spouse benefits instead of the standard two-thirds form.
There is no provision for automatic postretirement benefit increases. The fund bas the authority
to provide. and has periodically in the past provided for, ad hoc postretirement benefit increases.
The benefit provisions of this plan are authorized by the Texas Local Fire Fighter's Retirement
Act (TLFFRA). TLFFRA provides the authority and procedure to amend benefit provisions.
4S
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON All FUNDS AND ACCOUNT GROUPS
E. RETIREMENT PLANS (CONTINUED)
Contributions Required and Contributions Made
1. The contribution provisions of this plan are authorized by TLFFR.A. TLFFR.A provides the
authority and proced.uee to change the amount of contributions determined as a percentage of pay
by each firefighter and a percentage of payroll by the City.
2. While the contribution requirements are not actuarially determined, state law requires that each
plan of benefits adopted by the fund must be approved by m eligible aauary. The actuary certifies
that the contribution commitment by the firefighters and the City provides an adequate financing
arrangement. Using the entry age actuarial cost method the plan's normal cost contribution rate is
determined as a percentage of payroll. The acess of the total contribution rate o'Vl:r the nono.al
cost contribution rate is used to amortize the plan's un!unded ac:tuarial accrued liability, and the
number of years needed to amortize the plan's unfunded actuarial liability is determined using a
level percentage of payroll method.
The costs of administering the plan are fll1ai1Ccd fro~n the trust.
3. The funding policy of the Lubbock Firefighter's Relief and Retirement Fund requires
contributions equal to 11% of pay by the firefighters and contributions by the City based on a
formula which causes the City's contribution rate to fluctUate from year to year. The December
31. 1996 actuarial valuation assumes that the City's cont..-ibutions will average 15% of payroll In
the future.
Annual Pension Cost
For the fiscal year ending September JO, 1998, the City of Lubbock's annual pension cost of·
$1,586,233 for the Lubbock Firefighter's Relief and Retirement Fund was equal to the City's
required and actual contributions during the year. While the required contributions were not
actuarially determined, the plan of benefits has been approved by the Board's aauary as having an
adequate financing arrangement based on the level of the firefighter and City of Lubbock
contn'bution rates. The funding policy of the fund requires the farefighters to contribute 11% of
pay and the City to contribute based on a formula which causes the City contribution rate to
fluctuate from year to year. These required contributions were reflected in the December 31, 1996
actuarial valuation, which satisfied the parameters of the Governmental Accounting Standards
Board (GASB) Statement No. 27.
The entry age actuarial cost method was used, with the normal cost calculated as a level percentage
of payroll. The actuarial value of assets was determined based on the market value with equities
smoothed based on the S&:P 500 Stock Price Index. The actuarial assumptions included m
investment rctum assumption of 8% per year (net of administrative expenses), projected salary
increases a'Vl:ragi.ng 5.7% per year, and no postretirement cost-of·livi.ng adjustments. An inflation.
assumption of 4% per year is included in the i.n'Vl:stment retum and salary increase assumptions.
The unfunded actuarial accrued liability (UAAL) is amortized with the excess of the assumed total
contribution rate over the normal cost rate. The number of years needed to amortize the UAAL is
determined using an open, level percentage of payroll method. assuming that the payroll will
increase 4% per year, and was 30 years as of the December 31, 1996 actuarial valuation based on the
plan provisions effective November 1, 1997.
Further details concerning the financial position of the LFRRF and the latest actuarial valuation
are available by contacting the Board of Trustees~ LFRR.F, City of Lubbock, P.O. Box 2000,
Lubbock. Texas 79457.
46
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
E. RETIREMENT PLANS (CONTINUED)
Trend Information
Fiscal Year Ending
9/30/96
9/30/97
9/30/98
Ann..W Pension
Cost(APC)
1,492,722
1,514,291
1,586,233
Percentage of APC
Contn'buted
100
100
100
Net Pension
Obligation
LUBBOCK F'IR.E.MENS RELIEF AND RETIREMENT FUND
ANAL YIS OF FUNDING PROGRESS
Entry Age UAALasa
Actuarial Actuarial Unfunded Percentage of
Valuation Ac:tuarial Acaued AAL Funded Annual Covered
Date Value of Liability (UAAL) Ratio Covered Payroll
{a} Assets (1) (AAL)(2) (1·2) (1/2) Payroll (3) ({2-1)/3)
ll/31/94 $57,532,897 64,634,282 $7,101,385 89.0% $8,958,3jl 79.3%
1U31/96 73,626,537 80,105,898 6,479,361 91.9 9,223,97-4 70.2
(a) The City has adopted the option of the biennial actuarial valuation provision of GASB 27.
47
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE ID. DETAIL NOTES ON ALL FUNDS AA'D ACCOUNT GROUPS
F. DEFERRED COMPENSATION
The City offers its employees two deferred compensation plans created in accordance with laternal
Revenue Code (•me•) Section 457. The plans, available to all City tmployees, permit thtm to
defer a portion of their salary until future years. The deferred compensation is not available to
employees until termination, retirement, death or unforeseeable emergency.
All amounts of compensation deferred under the plans, all property and rights purchased with
those amounts, and all income attributable to those amounts, property, or rights are {until paid or
made available to the employee or other beneficiary) solely the property and right of the City
(without being restricted to the provisions of benefits under the plans), subject only to the claims
of the City's general creditors. Participant's rights under the plans are equal to those of general
creditors of the City in an amount equal to the fair market v.alue of the deferred account for each
participant.
In management's opinion, the City has no liability for losses under the plans but does have the
duty of due care that would be required of an ordinary prudent investor. The City believes that it
is unlikely that it will use the assets to satisfy the claims of general creditors in the future. All
assetS of the plans are held by an independent admi.nistrator and valued at market. The deferred
compensation plans are included in the City's general purpose financial statements as an agency
fund.
Effective August 20, 1996, the laws governing IR.C Section 457 deferred compensation plans were
changed to state that new IRC Section 457 plans will not be considered eligible plans unless all
assets and income of the plan are held in trust for the eXclusive benefit of the panicipants and their
beneficiaries. Existing plans are required to comply with the new requirement by January 1, 1999.
In response to the law changes, the GASB issued Statement No. 32, Accounting and Fi'!Jimcial
Reporting for lnttmUII Revenue Code Section 417 Deferred Compensaticn Plans. This statement
requires that the City's deferred compensation plans be reponed in the financial:.tatements as an
expendable trust fund rather than as an agency fund, as currently reported. From the City's
perspective, the provisions of the statement are effective for the fiscal 1999 financial statements.
Management anticipates no material adverse affects from the implementation of this statement.
G. SURFACEWATERSUPPLY
Can.adi2n River Municipal Water Authority
The Canadian River Municipal Water Authority {CRMWA) is a Conservation and Reclamation
District established by the Texas Legislature to construct a dam, water reservoir and aqueduct
system for the purpose of supplying water to surrounding cities. The District was created in 1953
a.'ld comprises eleven cities, including the City. The budget, financing and operations of the
District are governed by a Board of Directors selected by the governing bodies of each of the
member cities, each city being entitled to one or two members dependent upon population. At
September 30, 1998 the Board was comprised of 18 members, two of which represented the City of
Lubbock.
The City contracted v;.-ith the CRMW A to reimburse it for a ponion of the cost of the Canadian ·
River Dam and aqueduct system in exchange for surface water. Accordingly, such payments are
made solely out of water system revenues and are not general obligations of the City. The City's
pro rata share of annual fJXed and variable operating and reserve assessments is recorded as an
expense of obtaining surface water.
48
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON AIL FUNDS AND ACCOUNT GROUPS
G. SYRfACE WATER SUPPLY (CONDNUEDl
The long-term debt i.s owed to the U.S. Bureau ofReclamation for the cost of construction of the
facility. which was completed in 1969. The City's allocation of project cost was $32,905,862.
During the year eDded September 30, 1998, principal payments in the amount of $783.,233
reduced the amount outstanding due to the authority at September 30, 1998 to $20,809,067
due in annual installments of Sl,3Sl,S·fl including interest of 2.632% until the year 2018. The
above cost for the rights are being amortized over IS years. The cost and debt are recorded in the
Water Enterprise Fwld.
GAAP requires accounting for debt service as a reduction in construction obligation payable and
related interest expense. However, the contract betWeen the City and CRMW A requires the
classification of payments to CR.MW A to be rdlected as operating expenses of the Water
Enterprise Fund. Accordingly, the adjustment required to convert GAAP expenses to the
contractUal agreement results in an adjustment to increase operating expenses in the amount of
$1,l51,543,and reduce interest expense by $568,309, and amortization expense by $387,128.
Brazos River Authority • Lake Alan Henry
During 1989, the City entered into an agreement w;th the Brazos River Authority (BR.'\) for the
construction, maintenance and operation of the facilities known as Lake Alan Henry. The BRA,
which is authorized by the State of Texas to provide for the conservation and development of
surface waters in the Brazos River Basin, has issued bonds for the construction of the dam and lake
facilities on the South Fork of the Double Mountains Fork of the Brazos River. Total costs are
expected to exceed S 120 million.
The agreement obligates the City to provide revenues to BRA in amounts sufficient to cover all
maintenanc-e and operating cos-..s, management fees to the luthority, as ~-ell as funds sufficient to
pay all capital costs associated with construction. Tbe City will receive surface water for the
payments to BRA. Approximately $501,347 was paid to the BRA for maintenance and operating
costs in f&SCal year 1998.
The BRA issued $16,970,000 in revenue bonds in 1989 and $39,685,000 in revenue bonds in 1991.
These bonds were refunded July 1995. Disclosure of the refunding can be found in Note Ill. L
Construction of the dam and lake facilities began in 1989. The City is obligated to provide
sufficient funds over the remaining life of the bonds to service the debt requirement. The financial
activity, along with the related obligation, is accounted for in the Water Enterprise Fund.
At September 30, 1998, certain mineral rights associated with land located in the Lake Alan Henry
site owned by individuals had not been acquired by the City. The additioo.al amount needed to
purchase such mineral righ.:s is yet to be determined.
H. OTHER ENTERPRISE FUND ACTIVITIES
Enterprise Fund Transfers
Transfers to the General Fund from the Electric, Water, Solid Waste, and Sewer Enterprise Funds.
in the opinion of management, exceed the amount that would have been paid to the City if these
funds were private sector companies engaged in the same enterprises. In addition to the amount
transferred in excess of private sector taxes, there is also an amount transferred to compensate the
General Fund for shared services and indirect costs.
49
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
I. SEGMENT INFORMATION· ENTERPRISE FUNDS
The City maintains seven e:o.tetprise funds which include electric. water, sewer, solid waste,
airport, golf, and stormwater drainage.
Segment information for the year ended September lO, 1998, was as follows:
Solid Stormwlltcr
Elca:ric 'I' liter Sewer Wutc Airport Golf Dr.linqe
FIID4 FIID4 Fund. l'uud FIID4 Fund Fund
Operating Revenues $47,268,904 $29,125,613 $15,174)43 $16,936,901 $4,351.643 $44,386 $1,153,257
Oepreci~on bpeo.se 4,932,087 J,S21,096 3,864,613 1,787,042 2,441,457 10,580 89,539
Operating income (loss) 6,556,040 12,897,010 5,377,270 5,572,916 {699,205) {26,217) 1,243,971
Operating Transt'en lo (our} 1.480,065) (2,269,230) (613,419} (1,154,933) (101,473) (44,386) (37,439}
Net ln<ome (lou\ .5.:!1,<1.'!5) 6.982,094 2.803,431 5,047,205 488.049 (70,603) 1,461,l47
Current .:apiul
contribucions, net {80,809) 546,553 617,211 13,491 S,61Xl,3SJ
Property, plam, .md
equipment:
Additions: · 1,608,829 2,Sl8,328 55,079,970 3,628,492 63,242 1.053,740
Deletions: 237.606 352,415 587,4(,6 5,910,J97 l0,520
Net Working Capital !,199,(,54 {931>,557) 4,2(,9,41) 4,978,788 241,921 {2,031,644} 266,741
Allo""""ce for doubtful
accounts 922,SlB 211,2.28 97,161 ll7,060 8,311 2,256
Total Assets 137,897,307 219,969,701 112,118.061 39,769,660 62.7.9,308 4ll,987 1,328,413
Bonds and otber long·
term li;ob<litics p~yable
from operating rrvmucs !8,510,086 90,001,320 +5.037,596 10,95(,,628 (,571,602 297,49)
Total Equity n:a,111 ,357 S12l,.l38,361 S£.),030,330 $26,726,145 S5S,3Sl,CI04 . ($1,609,.563) S7,9S9,18S
so
Total
Eaterprise
Funds
Sll5,462,114
16,712,414
30,921,162
(13,361,005)
16.196.998
6,756,829
(,9,962,601
7,\18,404
8,981,32)
1,439,217
581.966, .. 91
181,374,125
Sl7S,9ll,422
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
J. LEASE AGREEMENTS
The City bas entered into lease agreements with independent third parties for the purpose of
acquiring certain propenies and equipment. These lease agreements qualify as capital leases for
accounting purposes. and therefore, have been recorded as pUrchases at the present value of the
future mmi.mum lease payments as of the date of their inception. Obligations under capital leases
at September 30, 1998 were as foUows:
Maturity Interest Remaining
Dates Rate Balance
lntemalServic:e
Radio Pagers 1999 4.96% $ 57711.39
Total s 577,139
Future minimum lease pavments are as follows at September 30, 1998: ·
Fiscal Year Ended September 30,1999 s 592,762
Less: Interest (15,623)
Present Value of Future Minimum Lease Payments s 577,139
The following is a summary of assetS acquired under capital leases at September 30, 1998:
Equipment
Less: Accumulated Amonization
Total
s 3,796,645
(763,636)
s 3,033,009
Amonization expense on assets under capital leases is included in depreciation expense. The City
enters into monthly leases for various items of equipment for purposes of evaluating a futUre
purchase. Accordingly, at September 30, 1998, the City had no material initial or remaining non-
cancelable operating leases with terms exceeding one year. Rent expense for 1998 was $1,227,005.
Sl
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
K. LONG-TERM ~EBT
GENERAL OBUGA TION BONDS AND CERTIFICATES OF OBUGATION:
Interest
Rate
7.86%
7.11
6.84
6.83
6.64
6.67
6.29
9.01
6.69
5.75
5.50
5.50
5.37
3.97
5.39
5.39
5.20
5.14
4.30
5.50
4.92
4.78
5.07
5.07
4.91
4.61
4.71
Total
......
......... .. ,. ...
Final Balance
Issue Maturity Amount Outstandiug
Date Date Issued 9-30-98
11-15-85 2-15..03 $ 60,614,070 $1,879,070 ..
8-15-88 2-15-00 z,n4,682 310,172 ......
8-1>89 2-15-09 3,800,000 190,000
8-1>89 2-15-09 7,445,000 .370,000
5-15-91 2-15-11 16,120,000 4,840,000
5-15-91 2-15-11 4,030,000 1,210,000
5-15-91 2-15-01 1,145,000 340,000
.S.tS-91 2-l.S.ll 1,085,000 700,000
5-15-91 2-15-11 2,000,000 600,000
4-11-92 2-15-03 24.035,000 5,110,000 ......
1-14-92 2-15-12 1,655,000 1,175,000
5-15-92 2-15-14 34,520,000 27,620,000
8-15-92 2-15-12 7,565,000 1,100,000
5-1-93 2-15-15 14,425,000 12,265,000
10.1-93 2-15-14 3,625,000 2,905,000
10.1-93 2-15-14 2,550,000 2,050,000
10.1-93 2-15-14 1,470,000 1,190,000
10.1-93 2-15-14 19,215,000 15,375,000
12-1-93 2-15-08 9,865,000 8,540,000 ****
5-15-95 ::-15-15 4,6'-lO,O'JO 3,995,GW
5-15-95 2-15-00 900,000 400,000
5-15-95 2-15-01 2,000,000 1,095,000
12-15-95 2-15-16 &,505,000 5,855,000
12-15-95 2-15-16 10,000,000 9,000,000
1-15-97 2-15-09 17,530,000 17,400,000 ..........
1-1-98 2-15-08 1,330,000 1,330,000
1-1-98 2-15-18 10,260,000 10,260,000
s 271.153,752 $137,104,242 ............
Refunding bonds issued to replace bonds issued 1966-1982 and 1984.
Refunding bonds issued to replace Certificates of Obligation issued in 1986.
Balance outstanding includes $32,462 discount on bonds sold.
Refunding bonds ismed to replace bonds issued 1983 and 1985 .
Refunding bonds issued for a partial refunding of bonds issued 1987 and 1988.
Refunding bonds issued to replace bonds issued 1987,1989,1991 and 1992 .
Balance outstanding includes S52,2ll discount on bonds sold.
Includes $85,538,141 used to finance enterprise activities.
S2
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
K. LONG-JERM DEBT (CONTJN'UED)
ELECTRIC REVENUE BONDS:
Fin.al
Interest Rate Issue Date Maturity Date
6.25to9.20 5-15-91 4-15-11
5.0Cto6.50 7-15-91 4-15-02
5.00to6.60 7-15-91 4-15-04
3.80 to 5.50 . 6-15-95 4-15-08
4.25 to6.25 1-1-98 4-15-18
Total
Babnce
Amount Outstanding
Issued 9-30~98
7,500,000 4,875,000
4,424,976 1,268,411 ..
4,999,989 2.,333,710 ....
13,560,000 12,170,000 .....
9,1701000 911701000 s 39!654,965 $ 291817!123
.... ......
Refunding bonds issued for a partial refunding of the bonds issued May 15, 1981.
Refunding bonds issued for a partial refunding of the bonds issued April15, 1984 .
Refunding bonds issued for a parti.al refunding of the bonds issued April 15, 1976,
Aprill5, 1987, and May 15, 19811. Balance oummd.ing includes $250,594 discount
on bonds sold.
WATER REVENUE BONDS:
D:alance
, Fin.al Amount Outstanding
Interest Rate Issue Date Maturity Date Issued 09-30-98
.UC to 5.50'%. 6-1-95 8-15-21 $ 5811701000 $54,7301000
Total s 5811701000 $54tl01000
..
Balance outstanding includes $6,547,391 discount ami deferred losses on bonds sold or
refunded.
SJ
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
K. LONG·T£RM DEBT (CQN1JNUEI))
The annual requirements to amortize all outstanding debt of the City as of September 30, 1998,
including interest payments of $106,709,210 are is follows:
General
As of Obligation Revenue
S9:!!cmber 30 Bonds Bonds Leases Total
1999 $ 20,620,409 $ 9.385,656 $ 592,762 $ 30,598.827
2000 19.352.816 8,980.270 28.333,086
2001 17,698,936 8.713.535 26,412.471
2002 15,648,078 8,431,595 24,079,673
2003 14,187,031 7,823,558 22,010.589
2004 12,190,-tOS 7,629,010 19,819,.f15
2005 11,7.f2,.f2.f 6,985,503 18,727,927
2006 11.292,489 6,821,375 18,120,86-t
2007 10,8H,808 6,70-t,603 17,5.f9,.fll
2008 9,798,263 6,248,795 16,C-4~.o5s
2009 8,983,459 5,363,738 l.f,34:'",197
2010 8,121,029 5,319,325 13,44:,354
lOll 7,787,635 5,290,953 13,078,588
2012 6,275,866 4,87.f,675 11,15:,541
2013 5,985,815 4,866,750 10,85,2.565
lOH 5,727,194 4,865,300 10,592,494
2015 2,459,1:~ 4,864,500 7,323,600
2016 1,419,431 4,858,800 6,.!78,231
2017 547,831 4,860,225 5,4:8,056
2018 525,944 4,855,650 5,381,59-t
2019 4,-404,800 4,4C4,800
2020 2,960,850 2,960,850
2021 2196.f1550 2,9641550
Totill $ 191,208,963 $ 138,081,016 $ 592,762 s 329,882,741 ..
,. This schedule does not include the effect of premiums or discounts.
The City has complied in all material respects with the bond covenants as outlined in each issue's
indenture.
54
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON All FUNDS AND ACCOUNT GROUPS
K. LONG-TERM pEBT (CONllNUED)
Long-term debt tr.msactions for governmental and proprietary funds for the year ended September
30, 1998 are as follows:
. Debt Payable Debt Payable
Govcmmental: 10·1·97 Additioas Ddetioas 9-3().98
Tax-Supported
Obligation Bonds s 57,313,036 s 5,746,935 s 51,566,101
Rebatable arbitrage 301,269 301,269
Compensated Absences 9t131t906 9561152 101088z058
Total Govcramental 66,746,211 956,152 5,!46,935. 61,955,428
Proprietary:
Self-Supported
Obligation Bonds 81,601,282 11,590,000 1,379,603 84,811,679
Revenue Bonds 78,061,003 9,170,000 9,481,865 77.749,B8
Leases 1,460,212 883,073 577,139
Compensated Absences 311011395 550,069 442,321 3,2091143
Total Proprietary 164,22318~2 21,31C,:69 191186,86.! · 166,3471099
Total City·Wide:
Obligation Bonds 138,914,318 11,590,00C 14,126,538 136,377,780
Revenue Bonds 78,061,003 9,170,000 9,481,165 77,749,138
Lease$ 1,460,212 883,073 577,139
Rebatable arbitrage 301,269 301,269
Compensated Absences 121233,301 1,506~21 442,321 131297~C1
Total City· Wide s 230,970,103 L}2,266,121 $24,933,:"97 s 228,302,52-
The totallon;·term debt is reconciled to the total annual requirements to amortize long·term debt
as follo'lll·s:
Long-Term Debt
Interest
Total amount of debt
Add: Discounts and deferred losses
Rebatable arbitrage
Less: Compensated Absences
Total fu~ debt requirements
S228,3C2,527
106,709,210
8,469,474
(3C!,269)
(13,297' ~01)
$335,011,737
(5,128,996)
$329,882,741
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
L ADVANCED D£FEASEMENT
In fiscal year 1994, the.City defc:ased $3,600,000 o£ the 1992 Tax and Watenrrorks Certificates of
Obligation. The proceeds were used to purchase United States Treasury Securities ~were
placed . in an irrevocable trust to be used solely to defease the above indicated baad issue.
Accordingly, the trust account assets and the liability for the defcased bonds are not indlldcd in the
City's fmanc.ial statements. On September 30, 1998, $2,800,000 of bonds outst.mding are
considered defcased.
In fiscal year 1995, the City defc:ascd S385,000 General Obligation Refunding Bonds, Series 1993.
The $385,000 Series 1993 bonds wen: the portion of 59,865,000 General Obligation Rdunding
Bonds allocated to the Municipal Golf Course. The proceeds were used to purchase Uuied States
Treasury Securities, which were placed in a sinking fund for the Series 1993 Bonds to cL:fease these
obligations. Accordingly, the trust account assets and the liability for the defeased bonds are not
included in the City's fm:mcial statements. On September 30, 1998 $350,000 of bonds ouut:mding
are considered defc:ased.
In fiscal year 1995, the Brazos River Authority defeased certain revenue bonds, on bdtili of the
City of Lubbock. A portion of the proceeds of the Series 1995 Refunding Bonds '111".15 used to
purchase United States TreJsury Securities-State and Local Govemmef!.t Series which T.tre placed
in an irrevocable trust to be used solely to refund Series 1989 Brazos River Authorir. Revenue
Bond payments due Febru:ary 15. 1996 through February 15, 2019 and the Series 1991 Bru.os River
Authority Revenue Bond payments due February 15, 1996 through February 15, 2021.
Accordingly, the trust account assetS and the liability for the defeased bonds are not inch:.:led in the
City's financial statements. On September 30, 1998, $50,970,000 of bonds outsti:lding are
considered defeased.
In fiscal year 1997; the City defeOlSI!d ce1tain Genernl Obli~.nion Bonds. A portion ..:>f w proceeds
of the Series 1997 RefUnding Bonds was used to purchase United States Treasury Securities-State
and local Government Series which were placed in an irrevocable trust to be used solely to
partially refund the portion of the Series 1987 General Obligation Bonds payments due February
15, 2005 through February 15, 2007, the portion of the Series 1989 General Obligation Bonds
payments due February 15, 2000 through February 15, 2009, the portion of the Series 1989
Certificates of Obligation Bonds payments due February IS, 2000 through February 15,2009, the
portion of the Series 1991 General Obligation Bonds payments due February 15, 20:3 through
February 15, 2009, the portion of the Series 1991 Combination Tax and Waterworks System
Subordinate Lien Revenue Certificates of Obligation payments due February 15, 20CJ through
February 15, 2009, the ponion of the Series 1991 Combination Tax and Exhibition
HalV Auditorium (Limited Pledge) Revenue Certificates of Obligation payments due Febru:ary 15,
2003 through 2009 and the portion of the Series 1992 General Obligation Refunding Bonds
payments due February 15, 2001 through February 15, 2003. Accordingly, the trust account assets
and the liability for the defeascd bonds are not included in the City's fmancial statements. On
September 30, 1998, $16,860,000 of bonds outstanding are considered defeased.
S6
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE m. DETAIL NOTES ON ALL FUNDS AND ACCOUNT GROUPS
M. ACCRUFD INSURANCE CLAIMS
As discussed in Note LG., the Risk Managment Fund establishes a liability for self-insurance for
both reponed and unreported insured events. which includes estimates of both future payments of
losses and related claim adjustment expenses. The following represents changes in those aggregate
liabilities for the Insurance Funds during the past two years ended September 30:
Worker's Compensation and Liability Reserves
at beginning of 6sal year
Oaims expenses
Oaims payments
Worker's Compensation and liability reserves
at end of fiscal year
Medical and Dental Oaims Liability
at md of fiscal year •
Total Self-Insurance Liability at end of fiscal year
Total Assets to pay claims at end of fiscal year
Accrued insurance claims payable from restricted assets-current
Accrued insurance claims-non-current
Total accrued insurance claims
1998 1997
s 3,734,341 s 3,714,341
1,772,222 2.048,532
{117721222} (210481532}
3,734,341 3,734,341
2,766?15 21122~42
s 6,501,056 s 51865,583
s 121731,883 s 10,934,163
s 3,697,698 s 2,878,476
2,8031.358 2!978,107 s 615011056 s 5,856,583
.. The information necessary to prepare the eparate disclosure for medical and ckr::.l! claims
liabilities is unavailable.
N. LANDFILL CLOSURE AND POSTCLOSURE CARE COST
State and federal laws and regulations require the City to place a final cover on its Lmdfill site
when it stops accepting waste and to perform certain maintenance and monitoring functions at the
site for thirty years after closure. Although closure and postclosure care costs will be paid only
ncar or after the date that the landfill stops accepting waste, the City reports a portion of these
closure and postclosurc costs as an operating expense in each period based on landfill capacity used
as of each balance sheet date.
The $6.203,551 reported as landfill closure and postclosure care liability at September 30. 1998,
represents the cumulative amount expensed by the City to date of $8,784,510 less amounts paid for
closure of certain cells based on the use of 95 percent of the estimated capacity of the landfill. This
amount includes $624,672 of expense applicable to fiscal year 1998. The City v.·ill recognize the
remaining estimated cost of closure and postclosure care of $479,790 as the remaining estimated
capacity is fdled. These amounts are based on what it vould cost to perform all closure and
postclosure care in 19911. The City expects to close the la.ndfil1 in the year 1999. Actwl cost may
be higher due to inflation, changes in technology, or changes in regulatioas.
The City is required by state and federal laws and regulations to provide assurance tlut financial
resources will be available to provide for closure, postdosure care, and remediation or containment
of en...-ironmental hazards at its landfill. The City is in compliance v.•ith these requireme:lts and has
chosen the Local Government Financial Test mechanism for providing this assurance. The City
expects to finance closure costs through normal operations.
57
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30, 1998
NOTE IV. CONTINGENT LIABIUTIES
A. FEDERAL GMNTS
In the normal course of operations, the City. receives grant funds from various Federal agencies.
The grant programs are subject to audit by agems of the granting authority to ensure compliance
with conditions precedent to the &nmting of funds. Any liability for reimbursement which may
arise as the result of audits of grants is not believed to be material.
B. LITIGATION
The City is involved in lawsuits arising in the normal course of business, including claims for
propeny damage, personal injury and personnel practices, disputes over contract awards and
propeny concl.emnation proceedings, and suits contesting the legality of certain taxes. ln the
opinion of management, the ultimate outcome of these lawsuits will not have a material adverse
effect on the City's fmancial position as of September 30, 1998.
C. SITE REMEDIATION
The City has identified specific locations requiring site remediation relative to underground fuel
storage tanks. The potential exposure is not re.1dily determinable as of September 30, 1998. In the
opinion of management, the ultimate liability 'Q,·ill not have a material adverse effect on the City's
financial position.
. D. . WEST Tf.XAS MUNICIPAl, POWER AUTHORITY
In fiscal 1998, the West Texas Municipal Pov.·er Authority rWTMP A") issued $28,910,000 of
WTMPA Rtvenue Bonds, Series 1998 maturing in February of 2018. These bonds are secured by
the net revenues of certain power sales contracts with participating cities of which the City ·of
Lubbock is one. In the event the net revenues of the power sales contracts are not sufficient to
cover the debt service of the bonds, the participating cities ar: required und'!r a debt service
guarantee provision of the agreement, to provide funds sufficient to cover any debt service defiCit
to the extent of their respective participation percentages. The City's percentage share in this
agreement is 85.21%. During the year ended September 30, 1998, the City was not required to pay
amounts under this proviSion.
NOTE V. FINANCIAL INSTRUMENTS
The City is subject to off-balance sheet risk associated with assets that are not recorded in the
financial statemenu, specifically with respect to United States Treasury Securities-State and Local
Government Series, held in certain irrevocable trusts. These include:
• a trust to refund a portion of General Obligation Bonds, Series 1987, a portion of ~neral
Obligation Bonds, Series 1989, a portion of Certif1Clltes of Obligation, Series 1989, a portion
of General Obligation Bonds, Series 1991, a portion of Combination Tu and Waterworks
System Subordinate Lien Revenue Certificates of Obligation, Series 1991, a portion of
Combination Tax and Exhibition HalVAuditorium (Limited Pledge) Revenue Certificates of
Obligation, Series 1991, and a portion of General Obligation Refunding Bonds, Series 1992
• a trust to refund a portion of Tax and \\ aterworks Certificates of Obligation, Series 1992
• a trust to refund the Brazos River Authority Revenue Bonds, Series 1989 a~d a portion of the
Brazos River Authority Revenue Bonds, Series 1991
58
CITY OF LUBBOCK, TEXAS
Notes to Financial Statements
September 30,1998
NOTE V. FINANCIAL INSTRUMENTS (CONTINUED)
Management feels that due to the nature of these securities, there is a minimal amount of credit or
market risk associated with these securities. Financial instruments, which potentially subject the
City to concentrations of credit risk, consist primarily of non-insured or collateralized demand
deposits and trade receivables. Management believes that the City places its demand deposits in
weD capitali%ed financial institutions in a.mOunts that are within the Federal Deposit Insurance
Corporation limitations or are collateralized by pledged securities. Concentrations of credit risk
are primarily focused on trade receivables, which are due from customers. No significant credit
losses from individual receivables were ezperienced during the year.
NOTE VI. DISCLOSURES ABOUI' YEAR. 2000 ISSUES
The year 2000 ("y2k1 issue is the result of shoncomings in many electronic data processing
systems and other electronic equipment that depend on cenain embedded processors for the date
sensitive applications that may adversely affect the City's operations as early as fiscal1999.
The City of Lubbock has assigned the evaluation of the impact of the y2k issue to a task force
comprised of cenain members of management and other individu:tls. These in6viduals along with
the assistance of outside consultants have devised a y2k action plan which is :.:.tended to identify
all mission critical systems, as weU as systems expected to have a lesser impact from the y2k
transition. The City has begun the process of assessing its systems focusing ini:.ially on those that
are mission critical (i.e. necessary to conducting City operations). Additionally-, the City plans to
develop a business continuance plan which is anticipated to address issues that may surface relative
to the City and outside entities on which the City relies for its ability to prc\·ide services to its
citizenry. The City has not begun the retl'lt'diation or validation/testing s!ages.
At September 30, 1998, the City had contracted with a consultant to pro,-ide assistance with
identifu:ation of which systems and other el«tronic equipment that may be affected by the y2k
issue. The City anticipates the cost of these services to be approximately S225,:CO.
Because of the unprecedented nature of the y2k issue, its effects and the success of related
remediation effons will not be fully determinable until the year 2000 and thereafter. Manageml!'nt
cannot be assured that 1) the City is or will be year 2000 compliant 2) that the City's remediation
efforts will be successful in whole or in part J) that panies with whom the Ci~-conducts business
will be year 2000 compliant.
NOTE VII. SUBSEQUENT EVENTS
On December 10,1998, City Council approved resolutions authorizing Notices of Intent and Notices.
of Sale with respect to the issuance of the following bond issues:
• El«tric Light and Power System Revenue Refunding and Improvement Bonds, Series 1999 in
the amount of Sl4,990,000. This issue represents $8,860,000 of new borrowings and
$6,130,000 for refunding existing bonds. The new funds are to be used to fund an intertie, a
utility billing system and electric system improvements.
• General Obligation Refunding Bonds, Series 1999 (GO's) in the amount ofSI8,785,000 and Tax
and Waterworks System Subotdinate lien Revenue Certificates of Obligation, Series
1999 (CO's) in the amount of$15,355,000. The GO's will be used to refund existing bonds.
The proceeds from issuance of the $15,355,000 CO's represent new borro111•ings which will be
used to fund water and sewer system improvements.
59
60
APPENDIXC
FORM OF BOND COUNSEL'S OPINIONS
TIDS PAGE LEFT BLA.NK JNTENTIONALLY
TELEPHONE: 214/8!5!5-8000
FACSIMILE: 214/85!5-8200
WRITER'S INTERNET ADDRESS:
@fulbright.com
WRITER'S DIRECT DIAL NUMBER:
21<4/8!5111-8
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AvENUE
SUITE 2600
DALLAS, TEXAS 75201
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
HONG KONG
WE HAVE ACTED as Bond Counsel in connection with the issuance by City of Lubbock, Texas (the
"City") of the "City of Lubbock, Texas General Obligation Refunding Bonds, Series 1999" (the "Bonds'~ in
the aggregate principal amount of$20,835,000, dated January 15, 1999, solely to express legal opinions as
to the validity of the Bonds, the defeasance and discharge ofthe City's outstanding obligations being
refunded by the Bonds and the exclusion of the interest on the Bonds from gross income for federal income
tax purposes, and for no other purpose. We have not been requested to investigate or verify, and we neither
expressly nor by implication render herein any opinion concerning, the financial condition or capabilities of
the City, the disclosure of any financial or statistical information or data pertaining to the City and used in
the sale of the Bonds, or the sufficiency of the security for or the value or marketability of the Bonds.
THE BONOS are issuable in fully registered form only and in denominations of $5,000 or any integral
multiple thereof. ·The Bonds have stated maturities of February 15 in each of the years 2000 through 2014,
unless redeemed prior to maturity in accordance with the redemption provisions stated in the ordinance
authorizing the issuance of the Bonds (the "Ordinance"). Interest on the Bonds accrues from their date at
the rates per annum stated In the Ordinance and such accrued Interest is payable on February 15 and August
15 in each year, commencing August 15, 1999, to the registered owners appearing on the registration books
of the Paying Agent/Registrar on the Record Date (stated on the face of the Bonds).
IN RENDERING THE OPINIONS herein we have examined and rely upon original or certified copies
of the proceedings had in connection with the issuance of the Bonds, Including the Ordinance, the Special
Escrow Agreement (the "Escrow Agreement") between the City and Norwest Bank Texas, National
Association, (the "Escrow Agent"), a special report of Grant Thornton LLP, Certified Public Accountants (the
• Accountants'~ and an executed initial Bond; certifications of officers of the City relating to the expected use
and investment of proceeds of the sale of the Bonds and certain other funds of the City and to certain other
facts within the knowledge and control of the City; and such other material and such matters of law as we
deem relevant. In the examination of the proceedings relating to the issuance of the Bonds, we have
assumed the authenticity of all documents submitted to us as originals, the conformity to original copies of
all documents submitted to us as certified copies, and the accuracy of the statements contained in such
documents and certifications.
BASED ON OUR EXAMINATION, we are of the opinion that, under applicable law of the United
States of America and the State of Texas in force and effect on the date hereof:
1. The Bonds have been duly authorized by the City and, when issued in
compliance with the provisions of the Ordinance are valid, legally binding, and enforceable
obligations of the City, payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property within the City, except to the extent
that the enforceability thereof may be affected by bankruptcy, insolvency, reorganization,
moratorium, or other similar laws affecting creditors' rights or the exercise of judicial
discretion in accordance with general principles of equity.
2. The Escrow Agreement has been duly authorized, executed and delivered and
is a binding and enforceable agreement in accordance with its terms and the outstanding
obligations refunded, discharged, paid and retired with the proceeds of the Bonds have been
defeased and are regarded as being outstanding only for the purpose of receiving payment
Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P.
Re: $20,835,000 "City of Lubbock, Texas, General Obligation Refunding Bonds, Series
1999", dated January 15, 1999
from the funds held in trust with the Escrow Agent, pursuant to the Escrow Agreement and
in accordance with the provisions of Article 717k, V.A.T.C.S. In rendering this opinion,we
have relied upon the verification by the Accountants of the sufficiency of cash and
investments deposited with the Escrow Agent pursuant to the Escrow Agreement for the
purposes of paying the outstanding obligations refunded and to be retired with the proceeds
of the Bonds and the interest thereon. ·
3. Pursuant to section 103 of the Internal Revenue Code of 1986, as amended
to the date hereof (the "Codej, and existing regulations, published rulings, and court
decisions thereunder, and assuming continuing compliance afterthe date hereof by the City
with the provisions of the Ordinance relating to sections 141 through 150 of the Code,
interest on the Bonds will be excludable from the gross income, as defined in section 61 of
the Code, of the owners thereof for federal income tax purposes, and such interest will not
be included in computing the attemative minimum taxable income of the· owners thereof
who are individuals for federal income tax purposes ..
WE CALL TO YOUR ATTENTION THAT interest on all tax-exempt obligations, such as the
Bonds, owned by a corporation (other than an "S" corporation or a qualified mutual fund, real estate
mortgage investment conduit, real estate investment trust, or a financial asset securitization investment trust)
will be Included in such corporation's adjusted current earnings for purj>oses of calculating the attemative
minimum taxable income of such corporation. A corporation's alternative minimum taxable income is the
basis on which the aHemative minimum tax imposed·by section 55 of the Code is computed.
WE EXPRESS NO OTHER OPINION with respect to any other federal, state, or local tax
consequences under present law or any proposed legislation resulting from the receipt or accrual of interest
on,· or the acquisition or disposition of, the Bonds. Ownership of tax-exempt obligations such as the Bonds
may result in collateral federal tax consequences to, among others, financial institutions, life insurance
companies, property and casualty Insurance companies, certain foreign corporations doing business In the
United States, "S"' cOrporations with subchapter "C" earnings and profits, owners of interests in a financial
asset securitization investment trust, individual recipients of Social Security or Railroad Retirement benefits,
indiViduals otherwise. qualifying for the earned income tax credi~. and taxpayers who may be deemed to have
incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses
allocable to, tax-exempt obligations.
EHE:dfc
TELEPHONE: 214/8!5!54000
FACSIMILE: 214/8!5!5-e200
WRITER'S INTERNET ADDRESS:
@fulbrl&ht.com
WRITER'S DIRECT DIAL NUMBER:
IU4/81!U5-e
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AvENUE
SUITE 2500
DALLAS, TEXAS 71.5201
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas, Tax and
Waterwoi'Ks System (Umited Pledge) Revenue Certificates of Obligation, Series 1999" (the
"Certificates'1, dated January 15, 1999 (the "Certificate Date'1, in the principal amount of
$15,355,000, we have examined into the legality and validity of the issuance thereof by the City
of Lubbock, Texas (the "City'1, which Certificates are issuable in fully registered form only, in
denominations of $5,000 or any integral multiple thereof (within a maturity), mature annually on
February 15 in each of the years 2000 through 2019, unless redeemed prior to maturity in
accordance with the redemption provisions stated on the Certificates, and bear interest on the
unpaid principal amount from the Certificate Date at the rates per annum stated in the ordinance
authorizing the issuance of the Certificates (the "Ordinance"), such interest being payable on
February 15 and August 15 in each year, commencing August 15, 1999, to the registered owners
shown on the registration books of the Paying Agent/Registrar on the Record Date (stated on the
face of the Certificates).
WE HAVE SERVED AS BOND COUNSEL for the City solely to pass upon the legality and
validity of the issuance of the Certificates under the Constitution and laws of the State of Texas,
and with respect to the exclusion of the interest on the Certificates from gross income for federal
income tax purposes and none other. We have not been requested to investigate or verify, and
have not independently investigated or verified, any records, data or other material relating to the
financial condition or capabilities of the City. Our examinations into the legality and validity of the
Certificates included a. review of the applicable and pertinent provisions of the Constitution and
laws of the State of Texas, a transcript of certified proceedings of the City relating to the
authorization and issuance of the Certificates, including the Ordinance, customary certifications
and opinions of officials of the City and other pertinent showings, and an examination of the
Certificate executed and delivered initially by the City, which we found to be in due form and
properly executed.
BASED ON OUR EXAMINATIONS, IT IS OUR OPINION that, under the applicable law of
the United States of America and the State of Texas in force and effect on the date hereof:
1. The Certificates have been duly authorized by the City, and the
Certificates issued in compliance with the provisions of the Ordinance are valid,
legally binding and enforceable obligations of the City, payable from the proceeds
of an ad valorem tax levied, within the limitations prescribed by law, upon all
taxable property in the City, and from a limited pledge of the Net Revenues (as
defined in the Ordinance) of the City's Waterwoi'Ks System in the manner and to
the amount provided in the Ordinance; except to the extent that the enforceability
thereof may be affected by bankruptcy, insolvency, reorganization, moratorium, or
Page 2 of legal opinion of Fulbright & Jaworski L.L.P.
Re: $15,355,000 "City of Lubbock, Texas, Tax and Waterworks System (Limited Pledge)
Revenue Certificates of Obligation, Series 1999", dated January 15, 1999
other similar laws affecting creditors' rights or the exercise of judicial discretion in
accordance with the general principles of equity.
2. Assuming continuing compliance after the date hereof by the City with
the provisions of the Ordinance and in reliance upon representations and
certifications of the City made in a certificate of even date herewith pertaining to
the use, expenditure, and investment of the proceeds of the Certificates, interest
on the Certificates for federal income tax purposes (a) will be excludable from
gross income, as defined in section 61 of the Internal Revenue Code of 1986, as
amended to the date hereof (the "Code"), of the owners thereof pursuant to section
1 03 of the Code and existing regulations, published rulings, and court decisions
thereunder, and (b) will not be included in computing the alternative minimum
taxable income of individuals or, except as hereinafter described, corporations.
Interest on all tax-exempt obligations, such as the Certificates, owned by a corporation will
be included in such corporation's adjusted current earnings for tax years beginning after 1989 for
purposes of calculating the alternative minimum taxable income of such corporation, other than
an S corporation, a qualified mutual fund, a real estate mortgage investment conduit, a real estate
investment trust or a financial asset securitization investment trust. A corporation's alternative
minimum taxable income is the basis on which the alternative minimum tax imposed by the section
55 of the Code will be computed.
WE EXPRESS NO OPINION with respect to any other federal, state, or local tax
consequences under present law or any proposed legislation resulting from the receipt or accrual
of interest on, or the acquisition or disposition of, the Certificates. Ownership of tax-exempt
obligations such as the Certificates may result in collateral federal tax consequences to, among
others, financial institutions, life insurance companies, property and casualty insurance
companies, certain foreign corporations doing business in the United States, S corporations with
subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement
Benefits, individuals otherwise qualifying for the earned income tax credit, owners of an interest
in a financial asset securitization investment trust and taxpayers who may be deemed to have
· incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain
expenses allocable to, tax,..exempt obligations.
EHE:dfc
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Phillip Hernandez a Notary Public in and for Lubbock County.
personally appeared Deanna Gr8.J, Telephone Sales Manager of the Sout
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, wh1
sworn did depose and say that said newspaper has been published continuously for more than
or:. to the first insertion of this I .egal Notice . ·
_____________ ,..o. /d/1• f6Clr at Lubbock County, Texas and1 , .
ed copy of the I.egal Notice is a true copy of the original and was pri!
Avalanche-Journal on the following dates:-i~~-I.Ail"-Y'---+'!1-~V-~.:zt';~---...,...----:
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
....__,.,.f._____,day of Kk~M ,ry
FEB 0 8 1999
FOt1111j5fl·lJ.c:l.lric iAH\"'
LUBBOCK. TEXAS
ORDINANCE ItO. !OlU 'AN ORDINANCE AUTHORIZING ;THE ISSUANCE OF "CITY OF LUBBOCK. TEXAS, TAX AND
WATERWORKSSYSTEM !LIMIT·
! ED PLEDGE) REVENUE CER· TIFIC:AfES OF OBLIGATION, ; SERIES 1999"; SP.ECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATE$1 PRO. , ~!.?~NglRO,.,,I,~~:::~~rg.~~
GAT ION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE .PROPeRTY WITHIN THE CfTY AND A LIMITED PLEDGE OF THE NET REV· ENUES FROM THE OPERATION '
'OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING •
OTHER MATTERS INCIDENT
",AND RELATED TO THE ISSU• 1" lANCE /SALE. SECURITY, PAY·. ,.
t.'IENT AND DELIVERY OF SAID
CERTIFICATES, INCLUDING ~.rHE APPROVAL OF A PAYING ·AGENT/REGISTRAR AGREE· MENT AND A PVROtASliLCON· TRACT AND TH.E APPROVAL.
:AND DISTRIBUTION OF AN 0)11.,
tFICIAL. STATEMEN.T PERTAIN·'
lNG THEReTO; AND PROVID·
fNG AN I!FI"':CTIVE DATE. .
~R-· ..•.
PHIWP HERNANDEZ
Nolary Public, State of Texas
My Commission Expires
12-04-2001