HomeMy WebLinkAboutOrdinance - 9583-1993 - Ordering A Bond Election - 01/28/1993' . '" '-• ' ·-'. . . .
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Second Reading:
February 11, 1993 Agenda Item #_7 __ _
ORDINANCE NO. 9583
AN ORDINANCE ordering a bond election to be held in the
City of Lubbock, Texas, making provision for the
conduct of the election and resolving other matters
incident and related to such election.
WHEREAS, the City Council of the City of Lubbock, Texas hereby
finds that an election should be held to determine whether said
governing body shall be authorized to issue bonds of said City in
the amounts and for the purposes hereinafter identified; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: An election shall be held on the 1st day of May,
1993 in the City of Lubbock, Texas, which date is not less than
fifteen (15) nor more than ninety (90) days from the date of the
final adoption hereof and such date is a uniform election date. At
such election, the following measures shall be submitted:
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PROPOSITION NUMBER 1
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $10,170, ooo for
permanent public improvements and public purposes, to
wit: construction of street improvements, including
signalization, lighting and rights-of-way; such bonds to
mature serially or otherwise over a period not to exceed
FORTY (40) years from their date, to be issued and sold
in one or more series at any price or prices and to bear
interest at any rate or rates (fixed, floating, variable
or otherwise} as shall be determined within the
discretion of the City council at the time of issuance or
sale of the bonds; and whether ad valorem taxes shall be
levied upon all taxable property in the City sufficient
to pay the annual interest and provide a sinking fund to
pay the bonds at maturity?"
PROPOSITION NUMBER 2
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $2,550, ooo for
permanent public improvements and public purposes, to
wit: improving the existing City Airport, including
heating, ventilation, air conditioning, roofing, and
parking; such bonds to mature serially or otherwise over
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Passed by the City Council on first reading this 28th day of
January, 1993.
Passed by the City Counc
February, 1993.
ayor, Cit
ATTEST: David R. Langston, Mayor
··~Szt?.o_ Offe_
itySectary, City of Lubbock, Texas
Sally Still Abbe, Acting City Secretary
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a period not to exceed FORTY (40) years from their date,
to be issued and sold in one or more series at any price
or prices and to bear interest at any rate or rates
(fixed, floating, variable or otherwise) as shall be
determined within the discretion of the City Council at
the time of issuance or sale of the bonds; and whether ad
valorem taxes shall be levied upon all taxable property
in the City sufficient to pay the annual interest and
provide a sinking fund to pay the bonds at maturity?"
PROPOSITION NUMBER 3
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $2,780, ooo for
permanent public improvements and public purposes, to
wit: improving and equipping library facilities in and
for said City; such bonds to mature serially or otherwise
over a period not to exceed FORTY (40) years from their
date, to be issued and sold in one or more series at any
price or prices and to bear interest at any rate or rates ·
(fixed, floating, variable or otherwise) as shall be
determined within the discretion of the City Council at
the time of issuance or sale of the bonds; and whether ad
valorem taxes shall be levied upon all taxable property
in the city sufficient to pay the annual interest and
provide a sinking fund to pay the bonds at maturity?"
PROPOSITION NUMBER 4
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $5,385, ooo for
permanent public improvements and public purposes, to
wit: park improvements, including neighborhood parks,
athletic fields and swimming pools; such bonds to mature
serially or otherwise over a period not to exceed FORTY
(40) years from their date, to be issued and sold in one
or more series at any price or prices and to bear
interest at any rate or rates (fixed, floating, variable
or otherwise) as shall be determined within the
discretion of the city Council at the time of issuance or
sale of the bonds; and whether ad valorem taxes shall be
levied upon all taxable property in the City sufficient
to pay the annual interest and provide a sinking fund to
pay the bonds at maturity?"
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PROPOSITION NUMBER 5
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $3,585,000 for
permanent public improvements and public purposes, to
wit: improvements to coliseum, including heating,
ventilation, and air conditioning, roofing, stadium
sealing, and lighting; such bonds to mature serially or
otherwise over a period not to exceed FORTY (40) years
from their date, to be issued and sold in one or more
series at any price or prices and to bear interest at any
rate or rates (fixed, floating, variable or otherwise) as
shall be determined within the discretion of the City
Council at the time of issuance or sale of the bonds; and
whether ad valorem taxes shall be levied upon all taxable
property in the City sufficient to pay the annual
interest and provide a sinking fund to pay the bonds at
maturity?"
PROPOSITION NUMBER 6
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $2, ooo, ooo for
permanent public improvements and public purposes, to
wit: improvements to communication systems; such bonds
to mature serially or otherwise over a period not to
exceed FORTY (40) years from their date, to be issued and
sold in one or more series at any price or prices and to
bear interest at any rate or rates (fixed, floating,
variable or otherwise) as shall be determined within the
discretion of the City Council at the time of issuance or
sale of the bonds; and whether ad valorem taxes shall be
levied upon all taxable property in the City sufficient
to pay the annual interest and provide a sinking fund to
pay the bonds at maturity?"
PROPOSITION NUMBER 7
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $470,000 for
permanent public improvements and public purposes, to
wit: improvements to fire department emergency traffic
control system; such bonds to mature serially or
otherwise over a period not to exceed FORTY (40) years
from their date, to be issued and sold in one or more
series at any price or prices and to bear interest at any
rate or rates (fixed, floating, variable or otherwise) as
shall be determined within the discretion of the City
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Council at the time of issuance or sale of the bonds; and
whether ad valorem taxes shall be levied upon all taxable
property in the City sufficient to pay the annual
interest and provide a sinking fund to pay the bonds at
maturity?"
PROPOSITION NUMBER 8
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $500,000 for
permanent public improvements and public purposes, to
wit: construction of and improvements to animal control
facilities; such bonds to mature serially or otherwise
over a period not to exceed FORTY (40) years from their
date, to be issued and sold in one or more series at any
price or prices and to bear interest at any rate or rates
(fixed, floating, variable or otherwise) as shall be
determined within the discretion of the city Council at
the time of issuance or sale of the bonds; and whether ad
valorem taxes shall be levied upon all taxable property
in the City sufficient to pay the annual interest and
provide a sinking fund to pay the bonds at maturity?"
PROPOSITION NUMBER 9
"SHALL the City Council of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $1,415, 000 for
permanent public improvements and public purposes, to
wit: waterworks improvements and extensions; such bonds
to mature serially or otherwise over a period not to
exceed FORTY (40) years from their date, to be issued and
sold in one or more series at any price or prices and to
bear interest at any rate or rates (fixed, floating,
variable or otherwise) as shall be determined within the
discretion of the City Council at the time of issuance or
sale of the bonds; and whether ad valorem taxes shall be
levied upon all taxable property in the City sufficient
to pay the annual interest and provide a sinking fund to
pay the bonds at maturity?"
PROPOS~TION NUMBER 10
"SHALL the City Councii of the City of Lubbock,
Texas, be authorized to issue general obligation bonds of
the City in the principal amount of $1,835,000 for
permanent public improvements and public purposes, to
wit: improvements and extensions to the City's sanitary
sewer system; such bonds to mature serially or otherwise
over a period not to exceed FORTY (40) years from their
date, to be issued and sold in one or more series at any
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price or prices and to bear interest at any rate or rates
(fixed, floating, variable or otherwise) as shall be
determined within the discretion of the City Council at
the time of issuance or sale of the bonds; and whether ad
valorem taxes shall be levied upon all taxable property
in the City sufficient to pay the annual interest and
provide a sinking fund to pay the bonds at maturity?"
SECTION 2: An electronic voting system shall be used in this
election, including early voting. Ballots shall be prepared in
accordance with the applicable provisions of the Election Code so
that voters may cast their ballots either "FOR" or "AGAINST" the
measures, which shall appear on the ballot substantially as
follows:
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PROPOSITION NUMBER 1
"THE ISSUANCE OF $10,170,000 GENERAL OBLIGATION BONDS FOR
STREET IMPROVEMENTS, INCLUDING SIGNALIZATION, LIGHTING
AND RIGHTS-OF-WAY"
PROPOSITION NUMBER 2
"THE ISSUANCE OF $2,550,000 GENERAL OBLIGATION BONDS FOR
AIRPORT IMPROVEMENTS, INCLUDING HEATING, VENTILATION, AND
AIR CONDITIONING, ROOFING, AND PARKING"
PROPOSITION NUMBER 3
"THE ISSUANCE OF $2,780,000 GENERAL OBLIGATION BONDS FOR
IMPROVING AND EQUIPPING LIBRARY FACILITIES"
PROPOSITION NUMBER 4
"THE ISSUANCE OF $5,385,000 GENERAL OBLIGATION BONDS FOR
PARK IMPROVEMENTS, INCLUDING NEIGHBORHOOD PARKS, ATHLETIC
FIELDS AND SWIMMING POOLS"
PROPOSITION NUMBER 5
"THE ISSUANCE OF $3,585,000 GENERAL OBLIGATION BONDS FOR
COLISEUM IMPROVEMENTS, INCLUDING HEATING, VENTILATION,
AND AIR CONDITIONING, ROOFING, STADIUM SEALING, ANO
LIGHTING"
PROPOSITION NUMBER 6
"THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS FOR
COMMUNICATION SYSTEMS IMPROVEMENTS"
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PROPOSITION NUMBER 7
"THE ISSUANCE OF $470,000 GENERAL OBLIGATION BONDS FOR
FIRE DEPARTMENT EMERGENCY TRAFFIC CONTROL SYSTEM
IMPROVEMENTS"
PROPOSITION NUMBER 8
"THE ISSUANCE OF $500,000 GENERAL OBLIGATION BONDS FOR
ANIMAL CONTROL FACILITIES"
PROPOSITION NUMBER 9
"THE ISSUANCE OF $1,415,000 GENERAL OBLIGATION BONDS FOR
WATERWORKS IMPROVEMENTS AND EXTENSIONS"
PROPOSITION NUMBER 10
"THE ISSUANCE OF $1,835,000 GENERAL OBLIGATION BONDS FOR
SANITARY SEWER SYSTEM IMPROVEMENTS AND EXTENSIONS"
The Central Counting Station for the tabulation and counting
of ballots for this election shall be located at the Lubbock County
Courthouse, Lubbock, Texas. The Manager and Presiding Judge of the
Central Counting Station may appoint clerks to serve at such
Station, as provided by Section 127.006 of the Election Code.
SECTION 3: This election shall be conducted as a joint
election with Lubbock county using a joint ballot. The city shall
be divided into 74 election precincts for this election and the
polling places designated for each election precinct are shown in
Exhibit "A," which is attached hereto and incorporated herein by
reference as a part hereof for all purposes. The persons appointed
to serve as Presiding Judge and Alternate Presiding Judge for each
polling place and the persons appointed to serve as Manager,
Tabulation Supervisor, Presiding Judge and Alternate Presiding
Judge of the Central Counting Station and Presiding Judge and
Alternate Presiding Judge of the Early Ballot Board will be
designated and published in the Notice of Election.
Each Presiding Judge shall appoint not less than two (2) nor
more than six (6) qualified clerks to serve and assist in holding
said election; provided that if the Presiding Judge appointed
actually serves, the Alternate Presiding Judge shall be one of the
clerks.
On election day, the polls shall be open from 7:00 A.M. to
7:00 P.M.
The sealed ballot box procedure established by Subchapter c,
Chapter 127, Texas Election Code, shall be used for this election.
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Joint early voting shall be conducted, in accordance with the
provisions of the Election Code, at the County Clerk's Office at
904 Broadway, Lubbock, Texas, on each day except designated
Saturdays, Sundays and official state holidays during the period
required by law for conducting early voting. The hours for early
voting shall be the regular hours of business of the office of the
county Clerk which are 8:30 A.M. to 5:00 P.M. Early voting shall
commence April 12, 1993, and end April 27, 1993.
Additionally, early voting shall be conducted, in accordance
with the provisions of the Election Code, at branch offices for
early voting by personal appearance located at the City Secretary's
Office, 1625 13th Street, Lubbock, Texas; South Plains Mall, 6002
Slide Road, Lubbock, Texas; and Alderson Junior High School, 219
Walnut, Lubbock, Texas. The Deputy Clerks to serve at said branch
office will be designated and published in the Notice of Election.
The hours designated for early voting by personal appearance at the
City Secretary's Office shall be from 8:30 A.M. to 5:00 P.M. and at
the south Plains Mall from 8:30 A.M. to 6:00 P.M. each day except
designated Saturdays, Sundays and official state holidays during
the period required by law for conducting early voting. The hours
of early voting at Alderson Junior High shall be 8:30 A.M. to 5:00
P.M. each day except designated Saturdays, Sundays and official
state holidays.
All early voting locations shall be open for voting by
personal appearance on the last Saturday and Sunday of the early
voting period from 10:00 A.M. to 6:00 P.M. on Saturday and 1:00
P.M. to 6:00 P.M. on Sunday. Early voting hours at all locations
shall be 8:30 A.M. to 8:30 P.M. on the last two days of the early
voting period.
SECTION 4: All resident qualified electors of the City shall
be permitted to vote at said election, and on the day of the
election, such electors shall vote at the polling place designated
for the Election Precinct in which they reside. This election
shall be held and conducted in accordance with the provisions of
V.T.C.A., Election Code and Chapter 1 of Title 22, V.A.T.c.s., and
as may be required by law, all election materials and proceedings
shall be printed in both English and Spanish.
SECTION 5: A substantial copy of this ordinance shall serve
as proper notice of said election. Said notice, · including a
Spanish translation thereof, shall be posted at three (3) public
places within the City and at the City Hall not less than fourteen
(14) full days prior to the date on which said election is to be
held, and be published on the same day in each of two successive
weeks in a newspaper of general circulation in said City, the first
of said publications to appear in said newspaper not more than
thirty (30) days and not less than fourteen (14) full days prior to
the day of the election.
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TRANSCRIPT OF PROCEEDINGS
RELATING TO
$19,215,000 $2,550,000
CITY OF LUBBOCK, TEXAS CITY OF LUBBOCK, TEXAS
GENERAL OBLIGATION BONDS AIRPORT GENERAL OBLIGATION BONDS
SERIES 1993 SERIES 1993
$1,470,000 $3,625,000
CITY OF LUBBOCK, TEXAS CITY OF LUBBOCK, TEXAS
TAX AND WATERWORKS SYSTEM TAX AND AIRPORT SURPLUS REVENUE
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION
CERTIFICATES OF OBLIGATION SERIES 1993
SERIES 1993
DATED October 1, 1993
VOLUME II
DELIVERED November 18, 1993
Fulbright & Jaworski L.L.P.
2200 Ross Avenue, Suite 2800
Dallas, Texas 75201
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TRANSCRIPT OF PROCEEDINGS
VOLUME II
TABLE OF CONTENTS
DOCUMENT
NUMBER DOCUMENT NAME
18 Executed Paying Agent/Registrar Agreement relating to the General
Obligation Bonds
19 Executed Paying Agent/Registrar Agreement relating to the Airport
General Obligation Bonds
20 Executed Paying Agent/Registrar Agreement relating to the Limited
Pledge Certificates of Obligation
21 Executed Paying Agent/Registrar Agreement relating to the Airport
Certificates of Obligation
22 General Certificate
23 Signature and No-Litigation Certificate
24 Official Bid Form relating to General Obligation Bonds
25 Official Bid Form relating to Airport General Obligation Bonds
26 Official Bid Form relating to Limited Pledge Certificates of Obligation
27 Official Bid Form relating to Airport Certificates of Obligation
28 Certificate as to Official Statement
29 Official Statement relating to General Obligation Bonds and Limited
Pledge Certificates of Obligation
30
31
32
Official Statement relating to Airport General Obligation Bonds and
Airport Certificates of Obligation
Instruction Letters
Attorney General's Opinion and Comptroller's Registration Certificate
relating to General Obligation Bonds
33 Attorney General's Opinion and Comptroller's Registration Certificate
relating to Airport General Obligation Bonds
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DOCUMENT NUMBER DOCUMENT NAME
34 Attorney General's Opinion and Comptroller's Registration Certificate
relating to Limited Pledge Certificates of Obligation
35 Attorney General's Opinion and Comptroller's Registration Certificate
relating to Airport Certificates of Obligation
36 Certificate as to Tax Exemption relating to General Obligation Bonds and
Limited Pledge Certificates of Obligation
37 Certificate as to Tax Exemption relating to Airport General Obligation
Bonds and Airport Certificates of Obligation
38 Receipt for Payment relating to General Obligation Bonds
39 Receipt for Payment relating to Airport General Obligation Bonds
40 Receipt for Payment relating to Limited Pledge Certificates of Obligation
41 Receipt for Payment relating to Airport Certificates of Obligation
42 Opinion of Bond Counsel relating to General Obligation Bonds
43 Opinion of Bond Counsel relating to Airport General Obligation Bonds
44 Opinion of Bond Counsel relating to Limited Pledge Certificates of
Obligation
45 Opinion of Bond Counsel relating to Airport Certificates of Obligation
46 Letters of Representations relating to all four issues, respectively
4 7 8038-G and 8038 Information Reports
124508
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PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of October 15, 1993 (this
"Agreement"), by and between the City of Lubbock, Texas (the
"Issuer"), and NationsBank of Texas, N.A., Dallas, Texas, 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
issuance of its "City of Lubbock, Texas, General Obligation Bonds,
Series 199311 (the "Securities") in the aggregate principal amount
of $19,215,000, such Securities to be issued in fully registered
form only as to the payment of principal thereof and interest
thereon; and
WHEREAS, the Securities are scheduled to be delivered to the
initial purchasers thereof on or about November 18, 1993; 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 such Paying Agent, the Bank
shall be responsible for paying on behalf of the Issuer the
principal of, 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.
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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:
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"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 corporate trust office
of the Bank as indicated on page 12 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 Year11 means the fiscal year of the Issuer, ending
September 30.
"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 Secretary, City Manager, or Assistant City Manager
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for Financial Services, 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.
"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 Bond 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 transfer 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.
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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 the 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 at
the Bank Office.
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 fidicuary
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 the
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Bank may prescribe. All transfers, exchanges, and replacements 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, such written instrument to be in a form
satisfactory to the Bank and 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. securities.
The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank
covenants that the inventory 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 the 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.
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,.
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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 Canceled Securities.
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 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, destroyed, lost, or
stolen, the Bank, in its discretion, 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 (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 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, destroyed, lost, or stolen.
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delivery of a replacement security shall be borne by the Holder of
the Security mutilated, destroyed, lost, or stolen.
Section 4.07. Transaction Information to the 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 hereof,
Securities it·has delivered upon the transfer or exchange of any
Securities pursuant to Section 4.01 hereof, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed, lost,
or stolen Securities pursuant to Section 4.06 hereof.
ARTICLE FIVE
THE BANK
Section s.01. Duties of the 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 the 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
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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.
(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 the 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 responsiblity 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. ..M .... o..._n ... e ..... y._s ___ .... H_.e .. l_.d"---'b=-y,..__ _ _.t"""h._e..__B""""""a ..... n ... k _____ ..._s __ e...,p __ a=r-a __ t""""'e
Account/Collateralization.
A separate 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
collaterialized by securities or obligations which qualify and are
eligible under the laws of the State of Texas to secure and be
pledged as collateral for accounts of the Issuer to the extent such
money is not insured by the Federal Deposit Insurance Corporation.
Payments made from such account shall be made by check drawn on
such account unless the owner of such Securities shall, at its own
expense and risk, request such other medium of payment.
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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 (if 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 thereaf.ter 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 the
Bank Office or the administrative office of the Issuer 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 s.os. 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"
which establish 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.
0121398 -9-
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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 12 of this Agreement.
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.
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
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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 6.10. 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 earlier 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 appointm~nt of
a successor Paying Agent/Registrar. Furthermore, the Bank and the
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year irst above written.
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[SEAL]
Attest: _..._ .~ ~ ~
.. --ATTEST..;. / -j
/
.. -~~ .... ~
Titl~~-,~~
0121398
Address:
P. o. Box 2000
Lubbock, Texas 79457
NATIONSBANK OF TEXAS, N.A.
Dallas , Texas
Mailing Address:
P. o. Box 8310402
Dallas, Texas 75284-1402
Delivery Address:
901 Main Street, 18th Floor
Dallas, Texas 75202
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·"
Annex A
CITY OF LUBBOCK, TEXAS
GENERAL OBLIGATIONS
SERIES 1993
$19,215,000
FEE PROPOSAL
CERTIFICATED ISSUANCE
Annual Administration Fee
Total
BOOK-ENTRY ISSUANCE
Annual Administration Fee
Total
$350.00
$350.00
$200.00
$200.00
EXTRAORDINARY OR OUT-OF-POCKET EXPENSES, INCLUDING, BUT NOT
LIMITED TO LEGAL FEES AND EXPENSES, COURIER, SUPPLIES,
PUBLICATION COSTS, OR OTHER SERVICES INCURRED BY THE BANK DURING
ITS ACCEPTANCE OR ANNUAL ADMINISTRATION SHALL BE BILLED AT COST
TO THE ISSUER. AS IS CUSTOMARY, THIS PROPOSft~IS CONTINGENT UPON
THE RECEIPT AND REVIEW OF THE ACCOUNT DO NT TION.
CC: WILSON HOWARD
RFP: First Southwest Company
Joe Smith
George Williford
Abilene, Texas
FAX 915-675-6218
No Text
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of October 15, 1993 (this
"Agreement"), by and between the city of Lubbock, Texas (the
"Issuer"), and NationsBank of Texas, N.A., Dallas, Texas, 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
issuance of its "City of Lubbock, Texas, Airport General Obligation
Bonds, Series 1993" (the "Securities") in the aggregate principal
amount of $2,550, ooo, such Securities to be issued in fully
registered form only as to the payment of principal thereof and
interest thereon; and
WHEREAS, the Securities are scheduled to be delivered to the
initial purchasers thereof on or about November 18, 1993; 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 such Paying Agent, the Bank
shall be responsible for paying on behalf of the Issuer the
principal of, 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.
,.
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:
0121398
"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 corporate trust office
of the Bank as indicated on page 12 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 30.
"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 Secretary, City Manager, or Assistant City Manager
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for Financial Services, any one or more of said officials, and
delivered to the Banlc.
"Legal Holiday" means a day on which the Bank is required
or authorized to be closed.
"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 Bond to
be redeemed means the date fixed for such redemption pursuant
to the terms of the Bond Resolution.
11Responsible 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 transfer 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)11 have
the meanings assigned to them in the recital paragraphs of this
Agreement.
0121398 -3-
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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 the 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 at
the Bank Office.
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 fidicuary
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 Oates.
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 the
0121398 -4-
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Bank may prescribe. All transfers, exchanges, and replacements 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, such written instrument to be in a form
satisfactory to the Bank and 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. Securities.
The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank
covenants that the inventory 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 the 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.
0121398 -5-
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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 canceled Securities.
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 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, destroyed, lost, or
stolen, the Bank, in its discretion, 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 (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 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, destroyed, lost, or stolen.
0121398 -6-
No Text
delivery of a replacement Security shall be borne by the Holder of
the security mutilated, destroyed, lost, or stolen.
Section 4.07. Transaction Information to the 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 hereof,
Securities it·has delivered upon the transfer or exchange of any
Securities pursuant to Section 4.01 hereof, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed, lost,
or stolen Securities pursuant to Section 4.06 hereof.
ARTICLE FIVE
THE BANK
Section 5.01. Duties of the Bank.
The Bank undertakes to perform the duties set forth herein and
agrees to use reasonable care in the performance thereof.
Section s.02. Reliance on the 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
0121398 -7-
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,,.
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.
(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 the 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 responsiblity 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. =M=o..,..n._.e....,y .... s::.....iH_e=l=d:....:=b:..1Y'---'t""'h-=-e=---B .... a=n=k=-------=S...,e:.cp..,,a=-=r""'a ... t=-e= Account/Collateralization.
A separate 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
collaterialized by securities or obligations which qualify and are
eligible under the laws of the State of Texas to secure and be
pledged as collateral for accounts of the Issuer to the extent such
money is not insured by the Federal Deposit Insurance Corporation.
Payments made from such account shall be made by check drawn on
such account unless the owner of such Securities shall, at its own
expense and risk, request such other medium of payment.
0121398 -8-
) ) ) ) \ \ '\ '\
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 (if 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 the
Bank Office or the administrative office of the Issuer 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"
which establish 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.
0121398 -9-
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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 12 of this Agreement.
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. Seyerability.
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.
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
0121398 -10-
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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 6.10. 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 earlier 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 appointm~nt of
a successor Paying Agent/Registrar. FUrthermore, the Bank and the
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. 2overning Law.
This Agreement shall be construed in accordance with and
governed by the laws of the state of Texas.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
0121398 -11-
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(SEAL]
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··(~EAL) -.-,: . _..,,. ~-.,-: / ATTEST:/. f : .. . ... __ .--4'~/ ,I
. ··~;J,~
Title:l OFFICER
0121398
Address:
P. o. Box 2000
Lubbock, Texas 79457
NATIONSBANK OF TEXAS, N.A.
Dallas , Texas
BY-~
Mailing Address:
P. o. Box 8310402
Dallas, Texas 75284-1402
Delivery Address:
901 Main Street, 18th Floor
Dallas, Texas 75202
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No Text
Annex A
CITY OF LUBBOCK, TEXAS
AIRPORT GENERAL OBLIGATIONS
SERIES 1993
$2,550,000
FEE PROPOSAL
CERTIFICATED ISSUANCE
Annual Administration Fee
Total
BOOK-ENTRY ISSUANCE
Annual Administration Fee
Total
$350.00
$350.00
$200.00
$200.00
EXTRAORDINARY OR OUT-OF-POCKET EXPENSES, INCLUDING, BUT NOT
LIMITED TO LEGAL FEES AND EXPENSES, COURIER, SUPPLIES,
PUBLICATION COSTS, OR OTHER SERVICES INCURRED BY THE BANK DURING
ITS ACCEPTANCE OR ANNUAL ADMINISTRATION SHALL BE BILLED AT COST
TO THE ISSUER. AS IS CUSTOMARY, THIS PROP AL IS CONTINGENT UPON
THE RECEIPT AND REVIEW OF THE ACCOUNT ~u~u;.q ATION.
CC: WILSON HOWARD
RFP: First southwest Company
Joe Smith
George Williford
Abilene, Texas
FAX 915-675-6218
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PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of October 15, 1993 (this
"Agreement"), by and between the City of Lubbock, Texas (the
"Issuer"), and NationsBank of Texas, N.A., Dallas, Texas, 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
issuance of its "City of Lubbock, Texas, Tax and Waterworks System
(Limited Pledge) Revenue Certificates of Obligation, Series 199311
(the "Securities") in the aggregate principal amount of $1,470,000,
such Securities to be issued in fully registered form only as to
the payment of principal thereof and interest thereon; and
WHEREAS, the Securities are scheduled to be delivered to the
initial purchasers thereof on or about November 18, 1993; 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 such Paying Agent, the Bank
shall be responsible for paying on behalf of the Issuer the
principal of, 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.
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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:
0121398
"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 corporate trust office
of the Bank as indicated on page 12 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 JO.
"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 Secretary, City Manager, or Assistant city Manager
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for Financial services, any one or more of said officials, and
delivered to the BanJc.
"Legal Holiday" means a day on which the Bank is required
or authorized to be closed.
"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 Bond 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
BanJc on behalf of the Issuer providing for the registration
and transfer 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.
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The term "Paying Agent/Registrar" refers to the Bank in the
performance of the duties and functions of this Agreement.
Section 3.01.
ARTICLE THREE
PAYING AGENT
Duties of the 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 at
the Bank Office.
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 fidicuary
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 the
0121398 -4-
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Bank may prescribe. All transfers, exchanges, and replacements 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, such written instrument to be in a form
satisfactory to the Bank and 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. Securities.
The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank
covenants that the inventory 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 the 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.
0121398 -5-
No Text
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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 canceled Securities.
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,
securities.
Lost, or stolen
The Issuer hereby instructs the Bank, subject to the
provisions 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, destroyed, lost, or
stolen, the Bank, in its discretion, 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 (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 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, destroyed, lost, or stolen.
0121398 -6-
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delivery of a replacement Security shall be borne by the Holder of
the Security mutilated, destroyed, lost, or stolen •
Section 4.07. Transaction Information to the 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 hereof,
Securities it·has delivered upon the transfer or exchange of any
Securities pursuant to Section 4.01 hereof, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed, lost,
or stolen Securities pursuant to Section 4.06 hereof.
ARTICLE FIVE
THE BANK
section s.01. Duties of the Bank.
The Bank undertakes to perform the duties set forth herein and
agrees to use reasonable care in the performance thereof.
Section s.02. Reliance on the 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
0121398 -7-
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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.
(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 the 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 responsiblity 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. ...M .... o ... n ... e.._y ... s ........ H.......,.e_l_.d.._,._b __ y..__ __ t=h""'-=e_B_.a"""n.,..k _____ -==s-=e"-"p;:;..;:a=r=-a=t=e
Account/Collateralization.
A separate 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
collaterialized by securities or obligations which qualify and are
eligible under the laws of the State of Texas to secure and be
pledged as collateral for accounts of the Issuer to the extent such
money is not insured by the Federal Deposit Insurance Corporation.
Payments made from such account shall be made by check drawn on
such account unless the owner of such Securities shall, at its own
expense and risk, request such other medium of payment.
0121398 -8-
No Text
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 (if 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 the
Bank Office or the administrative office of the Issuer 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. OT 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"
which establish 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.
0121398 -9-
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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 12 of this Agreement.
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. Seyerability.
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.
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
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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 6.10. 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 earlier 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 appointm~nt of
a successor Paying Agent/Registrar. Furthermore, the Bank and the
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
0121398 -11-
No Text
[SEAL]
.. , . " -._,., -·
A'?TEST :: ' ~' -;.--/ ,. .._,--·£w_µ/4_....
Title: !bttlST OfflCE&
0121398
Address:
P. o. Box 2000
Lubbock, Texas 79457
NATIONSBANK OF TEXAS, N.A.
Dallas t Texas
BY~,
Mailing Address:
P. o. Box 8310402
Dallas, Texas 75284-1402
Delivery Address:
901 Main street, 18th Floor
Dallas, Texas 75202
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Annex A
CITY OF LUBBOCK, TEXAS
COMBINATION TAX ANO WATERWORKS
SYSTEM (LIMITED PLEDGE)
CERTIFICATES OF OBLIGATIONS
SERIES 1993
$1,470,000
FEE PROPOSAL
CERTIFICATED ISSUANCE
Annual Administration Fee
Total
BOOK-ENTRY ISSUANCE
Annual Admi~istration Fee
Total
$350.00
$350.00
$200.00
$200.00
EXTRAORDINARY OR OUT-OF-POCKET EXPENSES, INCWDING, BUT NOT
LIMITED TO LEGAL FEES AND EXPENSES, COURIER, SUPPLIES,
PUBLICATION COSTS, OR OTHER SERVICES IN~~D BY THE BANK DURING
ITS ACCEPTANCE OR ANNUAL ADMINISTRAT BE BILLED AT COST
TO THE ISSUER. AS IS CUSTOMARY, T IS CONTINGENT UPON
THE RECEIPT AND REVIEW OF THE ACC ATION .
CC: WILSON HOWARD
• Jones
B esident
sBank of Texas,NA
mber 3, 1993
RFP: First Southwest Company
Joe Smith
George Williford
Abilene, Texas
FAX 915-675-6218
No Text
,..
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of October 15, 1993 {this
"Agreement"), by and between the city of Lubbock, Texas {the
"Issuer"), and NationsBank of Texas, N.A., Dallas, Texas, 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
issuance of its "City of Lubbock, Texas, Tax and Airport surplus
Revenue Certificates of Obligation, Series 199311 {the "Securities")
in the aggregate principal amount of $3,625,000, such securities to
be issued in fully registered form only as to the payment of
principal thereof and interest thereon; and
WHEREAS, the Securities are scheduled to be delivered to the
initial purchasers thereof on or about November 18, 1993; 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 such Paying Agent, the Bank
shall be responsible for paying on behalf of the Issuer the
principal of, 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.
,..
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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:
0121398
"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 corporate trust office
of the Bank as indicated on page 12 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 30.
"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 Secretary, city Manager, or Assistant City Manager
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for Financial Services, 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.
"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 Bond 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 transfer 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.
0121398 -3-
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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 the 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 at
the Bank Office.
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 fidicuary
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 the
0121398 -4-
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Bank may prescribe. All transfers, exchanges, and replacements 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, such written instrument to be in a form
satisfactory to the Bank and 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. §ecurities.
The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank
covenants that the inventory 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 the 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.
0121398 -5-
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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 canceled securities.
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,
securities.
Lost. or stolen
The Issuer hereby instructs the Bank, subject to the
provisions 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, destroyed, lost, or
stolen, the Bank, in its discretion, 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 {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 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, destroyed, lost, or stolen.
0121398 -6-
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delivery of a replacement Security shall be borne by the Holder of
the security mutilated, destroyed, lost, or stolen.
Section 4.07. Transaction Information to the Issuer.
The BanJc 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 hereof,
securities it·has delivered upon the transfer or exchange of any
Securities pursuant to section 4.01 hereof, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed, lost,
or stolen Securities pursuant to Section 4.06 hereof.
ARTICLE FIVE
THE BANK
Section s.01. Duties of the BanJc.
The Bank undertakes to perform the duties set forth herein and
agrees to use reasonable care in the performance thereof.
Section s.02. Reliance on the 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
0121398 -7-
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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.
(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 the 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 responsiblity 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. c.,M...,O.:.D .... e ..... yl""'s:......H .... e=-1...,d:.....:::b:.,iy....,_ __ t=h .... e_-==B-a,.,.,n:=.k,._ ____ =s-e:.&:p"-"a .... r.,_a=-t-=-=-e
Account/Collateralization.
A separate 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
collaterialized by securities or obligations which qualify and are
eligible under the laws of the state of Texas to secure and be
pledged as collateral for accounts of the Issuer to the extent such
money is not insured by the Federal Deposit Insurance Corporation.
Payments made from such account shall be made by check drawn on
such account unless the owner of such Securities shall, at its own
expense and risk, request such other medium of payment.
0121398 -8-
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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 (if 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 with out 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 the
Bank Office or the administrative office of the Issuer 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"
which establish 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.
0121398 -9-
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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 BanJc, respectively, at the addresses
shown on page 12 of this Agreement.
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. ~enefits 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.
section 6.os. Entire Agreement.
This Agreement and the Bond Resolution constitute the entire
agreement between the parties hereto relative to the BanJc acting as
Paying Agent/Registrar and if any conflict exists between this
0121398 -10-
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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 6.10. 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 earlier 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 appointm~nt of
a successor Paying Agent/Registrar. Furthermore, the Bank and the
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
BY
0121398 -11-
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[SEAL]
•·•Attest: • ()
--~f.:c£f;;r'
(SEAL) ..
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ATTEST:.::.::.
Tit le: 'USf OF'.frCER
0121398
Address:
P. o. Box 2000
Lubbock, Texas 79457
NATIONSBANK OF TEXAS, N.A .
. Dallas , Texas
BY~
Mailing Address:
P. o. Box 8310402
Dallas, Texas 75284-1402
Delivery Address:
901 Main street, 18th Floor
Dallas, Texas 75202
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Annex A
CITY OF LUBBOCK, TEXAS
TAX AND AIRPORT
SURPLUS REVENUE
CERTIFICATES OF OBLIGATIONS
SERIES 1993
$3,626,000
FEE PROPOSAL
CERTIFICATED ISSUANCE
Annual Administration Fee
Total
BOOK-ENTRY ISSUANCE
Annual Administration Fee
Total
$350.00
$350.00
$200.00
$200.00
EXTRAORDINARY OR OUT-OF-POCKET EXPENSES, INCLUDING, BUT NOT
LIMITED TO LEGAL FEES AND EXPENSES, COURIER, SUPPLIES,
PUBLICATION COSTS, OR OTHER SERVICES INCURRED BY THE BANK DURING
ITS ACCEPTANCE OR ANNUAL ADMINISTRATION SHALL BE BILLED AT COST
TO THE ISSUER. AS IS CUSTOMARY, THIS P O LIS CONTINGENT UPON
THE RECEIPT AND REVIEW OF THE ACCOUNT CUME TATION.
. CC: WILSON HOWARD
RFP: First Southwest Company
Joe Smith
George Williford
Abilene, Texas
FAX 915-675-6218
No Text
GENERAL CERTIFICATE
THE STATE OF TEXAS §
s
COUNTY OF LUBBOCK S
§
CITY OF LUBBOCK §
WE, the undersigned, Mayor and City Secretary, respectively,
of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows:
1. Relative to Tax-supported Indebtedness.
That the total principal amount of indebtedness of the city,
including the proposed $19,215,000, "City of Lubbock, Texas,
General Obligation Bonds, Series 199311 (the "G.o. Bonds");
$1,470,000, "City of Lubbock, Texas, Tax and Waterworks System
(Limited Pledge) Revenue Certificates of Obligation, Series 199311
(the "Limited Pledge Certificates"); $2,550,000 "City of Lubbock,
Texas, Airport General Obligation Bonds, Series 1993" (the "Airport
Bonds"); and $3,625,000, "City of Lubbock, Texas, Tax and Airport
Surplus Revenue certificates of Obligation, Series 1993 (the
"Airport Certificates"), payable from ad valorem taxes levied and
collected by the City is as follows:
OUTSTANDING INDEBTEDNESS-----------------------------$137,358,752
G.O. BONDS--------------------~----------------------$ 19,215,000
LIMITED PLEDGE CERTIFICATES--------------------------$ 1,470,000
AIRPORT BONDS----------------------------------------$ 2,550,000
AIRPORT CERTIFICATES---------------------------------$ 3,625,000
TOTAL INDEBTEDNESS-------------------------------$164,218,752
2. Relative to Debt Service Requirements.
That a debt service requirement schedule for the City's
above-described outstanding indebtedness as well as the proposed
G.O. Bonds, Limited Pledge certificates, Airport Bonds, and
Airport Certificates is attached hereto as Exhibit A and made a
part of this certificate for all purposes.
3. Relative to city Officials.
That certain duly qualified and acting officers of said
City are as follows:
DAVID R. LANGSTON
BETTY M. JOHNSON
BOB CASS
J. ROBERT MASSENGALE
MAYOR
CITY SECRETARY
CITY MANAGER
ASSISTANT CITY MANAGER
FOR FINANCIAL SERVICES
(
,...
4. Relative to Incorporation.
That said City is incorporated under the General Laws of
the State of Texas, and is operating under the Home Rule Amendment
to the Texas Constit~tion, Section 5, Article XI, as amended in
1912; the City Charter was originally adopted at an election held
on December 27, 1917, and said Charter has not been amended or
revised in any respect since January 18, 1992, the date of the
last Charter Amendment Election.
5. Relative to Taxable Values.
That the assessed value of all taxable property (net of
exemptions) in the City, as shown by the tax rolls for the year
1993, and which have been duly approved and are the latest
official assessment of taxable property in the City is as follows:
TOTAL ASSESSED TAXABLE VALUES OF
REAL AND PERSONAL PROPERTY-----------$4,909,018,936
6. Relative to Nonencumbrance.
Save and except for the pledge of the income and revenues
of the city's Waterworks System to the payment of (i) principal
and interest to become due with respect to the City's Combination
Tax and waterworks System Subordinate Lien Revenue Certificates of
Obligations, Series 1991 and the proposed Limited Pledge
Certificates and (ii) a contract with the Canadian River Municipal
Water Authority, said income and revenues of said System have not
been pledged or hypothecated in any other manner or for any other
purpose; and the above obligations and contracts evidence the only
liens, encumbrances or indebtedness of said System or against the
income and revenues of such System.
7. Relative to Income and Revenues.
A schedule of the gross receipts, operating expenses and
net revenues of the City's Waterworks System for the years stated
is attached hereto as Exhibit B. A schedule of the gross
receipts, operating expenses and net revenues of the City's
Airport for the years stated is attached hereto as Exhibit c.
s. Relative to Utility Properties.
The water utility properties owned, operated and
maintained by the City currently provides water services to
approximately 62,898 inhabitants of the City. The City secures
its water from the Canadian Municipal Water Authority pursuant to
contracts for the purchase of untreated water in addition to
City-owned wells.
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As of the date hereof, no question is pending and no
proceedings of any nature have been instituted in any manner
questioning the City's right and title to its utility properties
or its authority to operate the same.
9. Relative to Rates and Charges.
The current monthly rates and charges for services
provided by the City's Waterworks System are shown on Exhibit D
attached hereto.
10. Relative to No Petition.
That no petition of any kind or character has been filed
with the Mayor, City.Secretary or any other official of the City
protesting the issuance of the proposed G. o. Bonds, Limited
Pledge Certificates, Airport Bonds, or Airport Certificates.
11. Relative to Interest Earnings.
That interest earnings on proceeds from the sale of the
G.o. Bonds, Limited Pledge Certificates,· Airport Bonds, and
Airport Certificates will be deposited to the interest and sinking
fund established by the respective ordinance authorizing the
issuance of such obligations, save and except during the time of
construction of improvements and extensions being financed by such
obligations, such interest earnings, upon approval of the
governing body of the City, will be used for the construction o of
improvements and extensions for which such obligations are being
issued.
12. Bond Election.
The bond election held in the District on May 1, 1993 was
duly conducted and held in compliance with the requirements of the
Texas Election Code relating to bilingual election materials,
instructions, supplies, etc. and the Federal Voting Rights Act, as
amended.
13. Authority to Encumber and No Default.
The City's Contract with the Canadian River Municipal
Water Authority contains no limitations upon the pledge of Net
Revenues of the City's Waterworks System. The City is not in
default with respect to any obligation secured by revenue of the
Waterworks System. The City is not in default with respect to any
obligation secured by Airport Revenue.
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WITNESS OUR HANDS AN
TEXAS, this the 15th day o
Lubbock, Texas
(City Seal)
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) ) ) l ) ) ) l ) l ) Debt Service Requirl!mentB Fiscal The Tax and Year The General Limited Pledg& ,_ Of Ending Outstanding~ Oblit!!i!!n§.!!ildt Revenue Ceajlieatee De Aimrt Bond• The Aimrt Ce5lilic1t9 Combined Principal ~ f!inc!J?!) lme[!!! Priu•l Jnte[!!! Princit•I l!lli[!!! Princl211l Interest f!inci2al Jntm!,! R!:!!J!iremenll Retired 1994 s 9,015,000 7,915,431 s s 921,786 s S 70,519 s s 111,319 s s 173,899 $ 18,2111,964 1995 10,270,000 7,131,494 960,000 1,030,415 70,000 78,915 115,000 136,813 180,000 194,415 10,177,031 1996 U,030,000 6,441,491 960,000 977,615 70,000 75,075 115,000 129,9311 180,000 184,515 10,173,654 1997 10,734,434 5,94!,122 960,000 924,815 70,000 71,115 115,000 121,063 180,000 174,615 19,311,894 1998 10,465,076 5,336,891 960,000 872,015 70,000 67,375 115,000 116,188 180,000 164,715 18,357,280 34.62" 1999 10,241,493 4,130,ffl 960,000 819,215 70,000 63,515 115,000 109,313 180,000 154,815 17,454,373 2000 7,724,986 6,143,736 960,000 766,415 70,000 59,675 115,000 102,438 180,000 144,915 16,277,185 2001 7,334,441 5,251,211 960,000 713,615 15,000 55,68! 115,000 95,563 180,000 135,015 14,915,564 2002 6,918,639 · 4,168,001 960,000 660,815 75,000 51,563 115,000 111,688 180,000 115,115 13,352,841 2003 6,464,682 3,311,509 960,000 603,015 75,000 47,438 115,000 81,813 180,000 115,215 1l,97t,6S'1 61.15,"i 1004 5,440,000 2,493,383 960,000 555,215 15,000 43,313 115,000 74,938 180,000 105,315 10,051,184 2005 5,440,000 2,168,970 960,000 502,425 75,000 39,188 130,000 67,915 180,000 95,415 9,658,933 2006 5,445,000 1,846,964 960,000 449,625 15,000 35,063 130,000 60,775 180,000 85,515 9,267,952 2007 5,445,000 1,515,410 960,000 396,82!1 75,000 30,938 130,000 53,615 180,000 75,615 8,872,423 1003 4,800,000 1,218,617 960,000 344,025 75,000 26,813 130,000 46,475 180,000 65,715 7,856,655 82.52,. 1009 4,465,000 970,110 960,000 291,215 15,000 12,6118 130,000 39,315 1110,000 55,815 7,189,233 2010 3,900,000 741,726 960,000 238,425 75,000 111,563 130,000 32,175 185,000 45,788 6,327,677 2011 3,905,000 532,782 960,000 UIS,625 75,000 14,438 130,000 25,025 1115,000 35,613 6,048,4113 2012 1,685,000 3!17,914 965,000 131,6118 15,000 10,313 130,000 17,1175 185,000 . 15,438 4,584,228 2013 1,455,000 224,288 965,000 79,613 15,000 6,188 130,000 10,725 185,000 15,263 · 4,146,077 97.24" 2014 2,455,000 96,513 965,000 26,538 75,000 2,063 130,000 3,575 1115,000 5,0811 3,943,m 2015 725,000 16313 741.313 100.00,r, $137.358.?8 $68.603.538 J19.21S,OOO SI 1.497.050 $1,470.000 ~ Sl.550.000 St11ps,ss4 $3.625,000 Sl.177,964 $248.926.464 Interest on the Bonds ind the Ccrtificatee h11 been calculated It 5.501. for purpotee of illuttration. ~ :t: -a, --, ,:t::..
No Text
EXHIBIT B
..
Condensed Statement of Operations -Waterworks System
Revised
Budget Budget Fi.seal Year Ended
9-30-94 9-30-93 2-30-92 9-30-91 . · 2-30-90 9-30-89
Operating Revenues $25,678,320 $24,478,410 $20,16S,S01 $21,821,722 $19,668,087 $16,660,193
Non-Operating
Revenues t.3!3,248 2,00S,412 4,180,138 4,0S0,163 1.sso,94s 626,042
Gross Revenues $26,991,56& $26,483,822 $24,945,645 $25,871,885 $21,549,032 $17,286,235
Open.ting Expense !6,8381554 16,S~6,S04 is.9541609 14,592.700 11,310.S32 2.1ss.szs
Net Revenues f10,1S3,014 $9,927.138 $ 8,991,036 $11,279,185 $101238.SOO $ 71S27,3S7
Water Meters N.A. N.A. 62,898 62,262 62,119 62,631
I
J ) ) ) ) ) ) ) ) AIRPORT SfATEMENT OF OPERATIONS Note: The Statement or Operations h11 been con1tructfd in accordance with the order of precedence for the Airport Fund II established in the Certificate Ordinance (see "Bond ind Certificate Information• and "Security for the Certiflcat .. • thereunder). Reviled BudJet Budget For E•s•I XeaE §m!!ng 2:32 1221•94 1221·23 1221 1221 1222 1282 1988 OPERA:mf!;l REVENY§§ Landi111Fee1 $ 703,519 $ 694,920 $ 665,653 $ 615,719 $ 639,634 $ 596,502 $ 577,0'Jl Parting 1,408,978 1,346,366 1,194,966 1,233,432 1,201,843 1,162,099 1,026,585 Rentals 2,550,307 2,463,387 2,159,658 2,112,995 1,858,352 1,747,872 1,534,SSS Conce11ion1 H,A,111 tf,A,111 1J01l90 12'10~1 U0,4!7 110,565 84,860 Tots! Operating Revenues $ 4,662,804 $ 4,504,673 s 4,130,467 $ 4,064,177 $ 3,810,316 $ 3,617,038 $ 3,223,095 tiOJ:!OPfiBAIWQ B&YENUES 116,159 132,465 78,098 266,231 208,665 SS,518 146,809 OROSS REVENUES $ 4,778,963 $ 4,637,138 $ 4,208,565 $ 4,330,414 $ 4,018,981 $ 3,672,556 $ 3,369,904 Le111: Revenue Bond Debt Service U13,8SO) ms,110 ms,2ss) (l~.:zw (127,140) (131,47~ (135,768) BAI.ANCE,OROSSREVENUES $ 4,665,113 $ 4,518,428 s 4,090,307 $ 4,207,694 $ 3,891,841 $ 3,541,081 $ 3,234,136 QPER.AmfO EXt§tiiss<21 Pen!onal Services $ 1,927,732 $ 1,842,226 $ 1,641,432 $ 1,761,615 $ 1,464,061 $ 1,446,860 $1,392,897 Supplies 134,972 132,590 114,260 161,542 58,145 80,190 92,539 Maintenance 351,551 297,943 246,656 286,988 244,569 175,373 168,214 Other Services and Charges l,ffl,260 1,54611'.M 1,460,506 1,408,264 1,425,839 1,520,014 L384,ffl TOTAL OPERATINO EXPENSES S 4,213,521 S 3,81§,934 S 3,462,854 S 3,618,402 S 3,192,614 s ~_m.437 S 3,038,175 SURPLUS REVENUES $ §Sl152i $ 6221494 $ 6271453 I 5s2i.1ss $ 699m $ il81~ ! 195,96\ (1) lneluded in "Rentals•, (2) Excludes ctpital expenditures and, where applicable, depreciation. Maximum Principal and Interest Requirement,, Airport Revenue Bonda, Fiscal Year Ending 9-30-93 ••.•• , •• , ••••••••••••••.••• , •••.•••.....•••••••.•.••••••.•• , . • . • • . • • • • • • • • $ 118,710 Coverage by Gross Revenues, Fiscal Y etr Ended 9-30-92 • . • • . • • • • • . . . • . • • . • . . . .••••.•••.••••••.••.•••.•••.• , • • • • 35.45 Timet Airport Revenue Bondi OutltlndinJ, 9-30-92 •••••.•• , ••••.••••••.• , • • . . • . • , •••.•• , . • • , ••••• , •••••••• , • • • • • • • $ 540,000 • Interest and Sinking Fund, 11·31•93 ••.••••••••••••.•• , ••.•••••••.•..••.••••••••.••••.•••••••••• , ••.••••••. $ 135,081 Reaerve Fund, 8-31-93 .••••••••••••••••••.•••••••.••• , ••••••••.••••.•••••••.••• , • . • . • • • • • • • • . • • • • • . • $ 300,000 C11h/c11h equivalent, in Airport Fund available for Operating 'Expenm at 9-30-92 ................•...........•.................. , .................. , ....•....... Two month, Operating Expenae1, Revised Budget, Fi1cal Year EndlnJ 9-30-93 • , •••..•••..••.•..•••••.•.•••••••• , •••••••• • The Airport Revenue Bonda mature $90,000 September IS of each year 1993/1998. •• Excludes debt service and capital project, fund, and accrued intereti receivable. $ 739,065 •• $ 636,489 l ) ~· . •*t ' ·•• m X :J: -Q:;J --I· C":)., .. ,
No Text
Water Rates (Monthly)
Base Rate <11
3/4• meter
1 • meter (single family res.)
t • (odter than res.)
l.S"
2·
Consumption Rates
(per 1,000 gallons):
Single Family Residence
Multiple Family
Commercial <2>
Schools C3>
Sprinkler
Reese AFB
Present Rates
(Effective 10-1-92)
$ 7.31
9.31
15.61 ; .
29.42
46.11
$1.34/M
1.13/M
1.23/M
l.23/M
1.68/M
l.13/M
Future Rates
Rates Effective Rates Effective
10-1-93 10+94
$ 7.68
9.78
16.39
30.89
48.42
$1.41/M
1.19/M
1.29/M
l.33/M
1.76/M
1.19/M
$ 8.06
10.26
17.21
32.44
S0.84
$1.48/M
l.25/M
1.36/M
l.40/M
1.85/M
1.25/M
EXHIBIT D 1
(1) The Base Rate is for water service; Base Rates shown are for a 3/4 • to r meters; higher Base Rates apply to larger meters
ranging from 3• to 10".
('2) The Town of Lake Ransom Canyon and Lubbock Control and Improvement District No. I rates are 81.17 f, of the
commercial rate plus proportionate costs of applicable capital improvements.
(3) Includes public schools, Texas Tech Univenrif;y and Lubbock Christian Unive.rsity.
Note: A "Rate Stabiliution Fund• within the Wattr Enterprise Fund is accumulated from Wattrworks System net revenues;
at 8-31-93 the balance in the rate stabilization account was $3,545,697.
No Text
,..
SIGNATURE AND NO-LITIGATION CERTIFICATE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
§
§
§
§
§
WE, the undersigned, officials of the City of Lubbock, Texas
(the "Issuer"), do hereby certify as follows:
(1) That this Certificate is executed and delivered with
reference to the following described obligations (hereinaafter
collectively refered to as the "Obligations"): $19,215,000, "City
of Lubbock, Texas, General Obligation Bonds, Series 199311 (the
"G.O. Bonds"); $1,470,000, "City of Lubbock, Texas, Tax and
Waterworks system (Limited Pledge) Revenue Certificates of
Obligation, Series 1993" (the "Limited Pledge Certificates");
$2,550, ooo "City of Lubbock, Texas, Airport General Obligation
Bonds, series 199311 (the "Airport Bonds"); and $3,625,000, "City of
Lubbock, Texas, Tax and Airport Surplus Revenue Certificates of
Obligation, Series 1993 (the "Airport Certificates"), in each case
.,., dated 0ctober 1, 1993 (the "Obligation Date").
(2) The Obligations have been duly and officially executed by
the undersigned with their manual or facsimile signatures in the
same manner appearing thereon, and the undersigned hereby adopt and
ratify their respective signatures in the manner appearing on each
of the Obligations whether in manual or facsimile form, as the case
may be, as their true, genuine, and official signatures.
(3) That on the Obligation Date and on the date hereof, we
were and are the duly qualified and acting officers indicated
therein and authorized to execute the same.
(4) The legally adopted proper and official corporate seal of
the Issuer is impressed, imprinted, or lithographed on all of the
Obligations and impressed on this certificate.
(5) No litigation of any nature is now pending before any
federal or state court, or administrative body, or to our knowledge
threatened, seeking to restrain or enjoin the issuance or delivery
of the Obligations or questioning the issuance or sale of the
Obligations, the authority or action of the governing body of the
Issuer relating to the issuance or sale of the Obligations, the
levy of the tax or the assessment and collection thereof to pay the
principal of and interest on the Obligations, the collection of the
revenues of the city's Waterworks system (the "System") or the
imposition of rates and charges with respect to the System, pledged
to pay the principal of and interest on the Limited Pledge
No Text
Certificates, the collection of the revenues of the City's Apirport
(the "Airport11 ) or the imposition of rates and charges with respect
to the Airport, pledged to pay the principal of and interest on the
Airport Certificates, or that would otherwise adversely affect in
a material manner the financial condition of the Issuer to pay the
principal of and interest on the Obligations; and that neither the
corporate existence or boundaries of the Issuer nor the right to
hold office of any member of the governing body of the Issuer or
any other elected or appointed official of the Issuer is being
contested or otherwise questioned.
(6) That no petition or other request has been filed with or
presented to any official of the Issuer requesting any proceeding
authorizing the issuance of the Obligations adopted by the
governing body of the Issuer be submitted to a referendum or other
election; no authority or proceeding for the issuance, sale, or
delivery of the Obligations, passed and adopted by the governing
body of the Issuer, has been amended, repealed, revoked, rescinded,
or otherwise modified since the date of passage thereof, apd all
such proceed,ings and authority relating to the issuance and sale of
1 """ the Obligations remain in full force and effect as of the date of
this certificate.
EXECUTED AND DELIVERED this NOV 18 1993
Seal)
OFFICIAL TITLE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
city Secretary, City of
Lubbock, Texas
The undersigned, a Notary Public, hereby represents and
certifies David R. Langston and Betty M. Johnson are known to me to
be the Mayor and City Secretary, respectively, of the City of
Lubbock, Texas, and in my presence executed this instrument before
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me in the capacity represented and each of said person's signature
appearing above is genuine.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this \4+ll day of
October, 1993.
ary Public, stat of
b+ru z. frl; l?ocl <2.1 G-u-.e. z
Printed name of Notary Public
My commission ej1:ires: o<-1-loa qs
(Notary Seal)
01214.09
r;\ ~;:IIO!l ~•IC? ~-Gl'a~
l'f,IPll t.'t'C" 2,1;1 Oi 111•~
S'EVJ.1111 VJ. HOO!i!COES
October 15, 1993
Attorney General of Texas
P.O. Box 12548
Capitol Station
Austin, Texas 78711
Attention: Public Finance Division
RE: $19,215,000, "City of Lubbock, Texas, General Obligation
Bonds, Series 1993 11 (the "G.O. Bonds"); $1,470,000, "City
of Lubbock, Texas, Tax and Waterworks system (Limited
Pledge) Revenue Certificates of Obligation, Series 199311
(the "Limited Pledge Certificates"); $2,550,000 "City of
Lubbock, Texas, Airport General Obligation Bonds, Series
1993" (the "Airport Bonds"); and $3,625,000, "City of
Lubbock, Texas, Tax and Airport surplus Revenue
Certificates of Obligation, series 1993 (the "Airport
certificates")
Ladies and Gentlemen:
~ Enclosed herewith are the Initial Obligations of each of
the above series and a Signature and No-Litigation Certificate
relating thereto, executed and completed except as to date.
When the record of proceedings relating to the issuance of
the above-referenced series of obligations and the Initial
Obligations have been approved by your office, this will be your
authority to insert that date in the Signature and No-Litigation
Certificate and deliver such Initial Obligations to the
Comptroller of Public Accounts for registration.
Should any litigation in any way affecting the issuance of
the obligations or the security for the payment thereof develop
prior to that date, we, the undersigned, will notify you at once
by telephone and by telegraph. You may thus be assured that there
is no such litigation at the time the obligations are finally
approved unless notice to the contrary has been given in the
manner aforementioned.
123419
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Thanking you for your assistance in this matter.
, .....
Lubbock, Texas
City of Lubbock, Texas
123419
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Honorable Mayor and City Council
City of Lubbock, Texas
Members of the City Council:
OfflCIAL BID FORM
October 14, 1993
Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated September 9, 1993, of $19,215,000 CITY OF
LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1993, both of which constitutea part hereof.
For your legally issued Bonds, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and accrued
interest from date of issue to date of delivery to us, plus a cuh premium of S -0 -for Bonde maturing and bearing interest u follows:
Principal Interest Principal Interest
Maturity Amount Rate Maturity A!!1Q!!nt Rate Maturity
2-IS--1995 $960,000 ~% 2-15-2002 $960,000 '1.00 % 2-15-2008
2-15-1996 960,000 b,Oo % 2-lS-2003 960,000 s,io % 2-15-2009
2-15-1997 960,000 ~.co % 2-IS--2004 960,000 '-1,S'o % 2-IS-2010
2-15-1993 960,000 b,oo % 2-15-2005 960,000 .1/,50 % 2-15-2011
2-15-1999 960,000 ~.oo % 2-IS-2006 960,000 ~% 2-15-2012
2-lS-2000 960,000 lo,oo % l-lS-2007 960,000 '1, 70 1. 2-15-2013
l-15-2001 960,000 ~% 2-15-2014
Our calculation (which is not a part of this bid) of the interest cost from the above is:
Total Interest Cost
Less Premium
NET INTEREST COST
EFFECTIVE INTEREST RATE
-o-
s 't . q l I , 'H,Lf. I, 7 , J
4.7'H,S'ot.:. %
Principal Interest
Amount Rate
$960,000 ~180 "
960,000 'i ,<Jf) %
960,000 ~/1{) %
960,000 •Loo %
965,000 '1 /i)O %
965,000 'f.Oo %
965,000 '1,0fl %
We are having the Bonds of the following maturities tJ O AJg.... insured
by _________________ at a premium of$'---------• said premium to be paid by the Pun:haser. Any
fees ro be paid to the rating agencies as a result of uid insurance will lie paid by the City,
The Initial Bond shall be registered in the name of Kidder Peabody & Co. , Inc. . We will advise The Depository Trust
Company ("OTC") of registration instructions at least five business day, prior to the date set for Initial Delivery.
A bank cashier'scheck or certified check of the Frost National Bank, Austin t Texas . in the
amount of $384,300.00, which represents our Oood Faith Deposit (i1 attached hereto) or {h11 been made available to you prior to lhe opening of this
bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Bonds utilizing the Book•Entry-Only System through OTC and make payment for the Initial Bond in immediately
available funds in the Corporate Trust Division, NationsBank of Texas, N.A., Dallas, Texas, not later than 10:00 AM, CST, on November 18, 1993,
or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms eet forth in the Notice of Sale and Bidding Instructions.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Bonds, a certificate relating
to the "issue price• of the Bonds in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with such changes thereto
as may be acceptable to the City.
We agree to proYide in 11-riting the initial reoffering prices and other terms, it any, to the F'mancial Ad,isor by the close of the next business
day after the award.
Respectfully submitted,
Kidder Peabody & Co., Inc.
Southwest Securities Inc.
CCEPT ANCE CL
The above and foregoing bid is hereby in all thing, accepted by the City of Lubbock", Texas,._._,--,
Bidding lnstructioM, this the 14th day of October, 1993.
(
,,
Ho110n1ble Mayor and City Council
City of Lubbock, Texas
Memben of the City Council:
OfflCIAL BID FORM
October 14, 1993
Reference ii made to your Official Statement and Notice of Sale and Biddiq lmttuctiom, dated September 9, 1993, of $2,SS0,000 crry OF
LUBBOCK, TEXAS AIR.POltT GENERAL OBUOATION BONDS, SERIES 1993, bodi of which comtitute a part hereof.
For your legally iuued Bonds, u described in aid Notice of Sile and Siddiq lnstructioaa and Official Statement, we will pay you par and accrued
interest from date of iaaue to date of deliveiy to us, plus a calb premium of S -Q -for Bonds maturio,g and bearing intereat as follow•:
Principal Interest Principal Interest
Mattstitt Amoo!J& R!!! Matum Am2!!n& Ee M•tum
2-IS-1995 $125,000 b,ZS-s 2-IS-2002 $115,000 ~" 2-IS-2008
2-lS-1996 125,000 (,,Z.S"'s 2-lS-2003 ll.5,000 i>,zS'" 2-lS-2009
l-lS-1997 125,000 b12.S',; 2-lS-2004 125,000 !1.JQ.s 2-lS-2010
2-IS-1998 ll.5,000 ~,2.S"s 2-IS-2005 130,000 ~-2-IS-2011
2-lS-1999 ll.5,000 ~" 2-IS-2006 130,000 !l.JJ:Lw; 2-lS-2012 ·
1-IS-2000 125,000 '1,'2S" 1-IS-2007 130,000 ~-2-IS-2013
2-lS-2001 125,000 i>,z.5" 2-IS-2014
Our calculation (which ia not a part of this bid) of the interest COil from the above is:
Total Interest Coat
Las Premium
NET INTEREST COST
EFFECTIVE INTEREST RATB
s ,,. 3Cf"' /j 7. 116
-o-
s r,.3J'f,,/97,J'l
':l,98'3$1t "
Principal lntemt
Amount E!te
$130,000 s:oo " 130,000 S", /'O "
130,000 6.QO"
130,000 1..-u5's
130,000 1.25'"
130,000 S1z..~"
130,000 .q.lzs Ii
We are having the Bonda of the following matu.ritiea ___ N..,._o.., ..... ,J....,e__==--------------inaured by ________________ at a piemium of$ _________ • pid premium to be paid by tile Purchaser. Any
fees to be paid to the rating agencies u a result of uid insurance :,rill be paid by the City.
lbe Initial Bond lball be iegilltered in the 11,1rne of Sotdfucut &cuabtr :;D-Atr1orm.A . We will advile lbo Depoaitor:y Trullt
Complll)' ("MC") of iegimatlon in&tructiona at lent five buainen days prior to lb~ for Initial Delivery.
A bank cashier'• choct or certified choct of the fusT Bank,----,...,,.,,-----,-----,-• in the
amount of $51,000.00, which represents our Oood Faith Depoait fas attached hereto)« (hu been made available to you prior to tho opening of Ibis
bid), and i11 111bmitted in accordance with tho terma u aet forth in the Offieia1 Statement and Notice of Sale and Bidding lmlructlona.
We agree to accept deliveiy of the Bonda utilizing tho Boot-Entty-Only Syatem through MC and mate payment for the Initial Bond in immediately
available fi.ands in the Corporate Trust Division, NationaBant of Texas, N.A., Dellu, Tens, not later than 10:00 AM, CST, on November 18, 1993,
or thereafter on the date tho Bonds are tendered for delivery, punuant to the terms let forth in the Notice of Salo and Biddill,i lmtructlona.
lbe undersigned qreea to complete, execute, and delivw to tho City, at least lix buaine.u daya prior to delivery of the Bonds, a certificate ,elating
to the •issue price" of the Bonds in the form and to the effect aecompanyiog Cho Notice of Sale and Bidding Instructions, with such chaqes thereto
u may be acceptable to the City.
We agree to prulide in writin& the initial reoft'ering prices ud other terms. if' any, to tbe FiDaDdal Adrisor b7 tbe dose or tbe nest business
day after the award.
Respectfully aubmitted,
'
lbe above and foiegoill,i bid is hereby in Ill thiqs accepted by the C"ity of Lubboct, Terar.t:!!hili!Et I
Bidding lmtruetiona, thia the 14th day of October, 1993.
/
Honorable Mayor and City Council
City of Lubbock, Tena
Members of the City Council:
OfflCIAL BID FORM
October 14, 1993
Reference ia made to your Official Statement and Notice of Sile ind Bidding lnatnu:tions, dated September 9, 1993, of $1,470,000 CITY OF
LUBBOCK, TEXAS TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIOATION, SERIES 1993,
both of which constitute I p1rt hereof.
For your legally isaued Certificatea, u dMCribed in Mid Notice of Sale and Biddine lnstnlaras and Official Statement, we will p1y you par and
accrued interest from date of issue to date of delivery to us, plus a cash premium of S _____ for Certificates malUrine and bearing interect
as follows:
Principal lntereat Principal lntereat Principal
M1turitv Amount Rite Mal!!!itx Amount £.!te Matumx Amount
2-15-1995 $70,000 ~" 2-15-200'2 $75,000 ~,; 2-15-2008 $75,000
2-lS-1996 70,000 ~ 2-15-2003 75,000 ~M,; 2-15-2009 75,000
2-IS-1997 70,000 ~ 2-15-2004 75,000 1< Jc,; 2-IS-2010 75,000
2-15-199& 70,000 ~,; 2-15-2005 75,000 £:.lo,; 2-15-2011 75,000
2-15-1999 70,000 ~ 2-15-2006 75,000 ~,.JZ1,i; 2-15-2012 75,000
2-15-2000 70,000 ,~ 2-15-2007 75,000 L/.7.1"',i; 2-15-2013 75,000
2-15-2001 75,000 ~,; 2-15-2014 75,000
Our calculation (which ii not • part of this bid) of the intereat coat from the above is:
Total lntereat Cost
Leu Premium
NET INTEREST COST
EFFECTIVE INTEREST RATE
s 7,/, 97,:;.9~
-{!J -
s 71'/4 97'2, ?A
-¥-l'.:;q 3 "
lntereat
Rate
¥,7'¥';;
q,9o ,;
~o • f,'oo ,;
'f.oo " .Y, Cid ,i;
'r,Cb ,i;
We are having the Certificates of the following maiurities insured
by ----------------at a premium of$.,_....,.,,.....__,.__,,,.... __ , wd premmm to l>e paid by the Pul"Clluer. Any fee& to be paid to the rating agencies as a resuk of 11id insurance will be paid by the City.
The Initial Certificate mall be registered in the name of Yi'#wtst t(ew:,~·iu 'J;hoor pClii~ . We will advise The Depository Trust
Company ("DTCj of registration instructions at least ~siness day1 prior to 1he date let Yor Initial Delivety.
A bank calhier's dtect or certified check of the fi-orl Bank, _______ __,, _ _,,, __ _,_, in the
amount of $29,400.00, which represents our Good Faith Deposit (i• attached hereto) or (has been made available to you prior to lhe opening of thia
bid), and i1 submitted in accordance with the tenna u let forth in the Official Statement and Notice of Sale and Biddine lnstnlctiom.
We agree to accept delivery of the Certificates utilizing lhe Boot-Emty-Only Symm throuah DTC and mab payment for the Initial Certificate in
immediately available funds in the Corporate Tnist Division, NationaBank of Texa1, N.A., Dallas, Texas, not later than 10:00 AM, CST, on
November l&, 1993, or lhere.fter on the date the Certificates are tendered for delivery, pursuant to the terms let forth in the Notice of Sale and
Biddine lnstnictiorus.
The undersigned agrees to complete, execute, and deliver to the City, at least 1ix business daya prior to delivery of the Certiticatea, a certificate
relating to the "iasue price• of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding lnstructiom, with 111dt
cbangea lhereto as may be acceptable to the City.
We agree to pro'ride in writing the initial reofferiag prices and other terms, if any, to lhe FmlllJdaJ Ad'risor by lhe dose of lhe DUt business
day after the award,
Respectfully 111bmitted,
CC£PI'ANCEC
The above and foregoing bid is hereby in all things a(:cepted by the City of Lubbock, T
Bidding lnstnlc:tiorus, lhia the 14th day of October, 1993.
·'
,,
,,.
Honorable Mayor and City Council
City of Lubbock, Texa1
Members of the City Council:
omCIAL BID FORM
October 14, 1993
Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated September 9, 1993, of $3,625,000 CITY OF
LUBBOCK, TEXAS TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993, both of which coll8titute
a part hereof.
For your legally issued Certificate11, as de11eribed in aaid Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and
accrued interest from date of issue to date of delivery to us, plus a cash premium of$ -o-for Certificates maturing and bearing interest
as follows:
Principal Interest Principal Interest
Maturin'. Amount RAte Maturux Amount RAte Maturitt
2-15-1995 $180,000 ,.25" t, 2-15-2002 $180,000 ,.t.s-t, 2-15-2008
2-15-1996 180,000 ~t, 2-15-2003 180,000 t,z=r" 2-15-2009
2-15-1997 180,000 (,, z.S" t, 2-15-2004 180,000 4,70 to 2-15-2010
2-IS-1998 180,000 b,?.15' t, 2-15-2005 180,000 .:IJ!Lt; 2-15-2011
2-15-1999 180,000 (o,2.S' t, 2-IS-2006 180,000 Lf ,10 t, 2-15-2012
2-15-2000 180,000 ts,,ZS t, 2-15-2007 180,000 6.oo t, 2-15-2013
2-15-2001 180,000 ,.zs-s 2-15-2014
Our calculation (which is not a part of this bid) of the interest cost from the above is:
Total Interest Cost
Less Premium
NET INTEREST COST
EFFECTIVE INTEREST RATE
-o-
$ 1 • '17 z IO '8?, T~ ' _L/ __ ...... '1 __ 8 ___ 0_( _t.
Principal Interest
Amount Rate
$180,000 S:oo t,
180,000 5,DQ t,
185,000 s-.oo t,
185,000 ~.'ZS s
185,000 ~1ZSt,
185,000 t/.25' s
185,000 '-/, 2S"
We are having the Certificates of the following maturities _ ... /J-=--"O'""N=..:k-,::;; _________ ,_______ insured
by -~-"'.""!"--,--.,.----,-----,-...,,.--;at a premium of$,_--:-.,,..,..--,,--.,,,,..--• said premium to be paid by the Purchaser. Any
fees to be paid to the rating agencies u a result of said insurance will be paid by the City,
The Initial Certificate shall be registered in the name of SMA" at ..!£ is 'It-toroordril . We will advise The Depository Trust
Company ("DTC") of registration instructions at least five busines& days prior to the dateaetf& Initial Delivery.
A bank cashier'• check or certified check of the i): D ct Bank, ---------------• in the
amount of $72,500.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this
bid), and is submitted in accordance with the terms H set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Certificates utilizing the Boot-Entry-Only System through DTC and mate payment for the Initial Certificate in
immediately available funds in the Corporate Trust Division, NationsBank of Texas, N.A., Dallas, Texu, not later than 10:00 AM, CST, on
November 18, 1993, or thereafter on the date the Certificates are tendered for delivery, pursuant to the term, aet forth in the Notice of Sale and
Bidding Instructions.
The undersigned agrees to complete, execute, and deliver to the City, at le11t six business daya prior to delivery of the Certificates, a certificate
relating to the "issue price• of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with 111.1ch
changes thereto u may be acceptable to the City.
We agree to provide in writing the initial reotrering prices and other terms, if any, to the FinaDdal Advisor by the dose of the next business
day after the award.
Respectfully submitted,
CCEPI' ANCE CLA
The above and foregoing bid is hereby in all things accepted by the City of Lubbock, T
Bidding Instructions, this the 14th day of October, 1993.
-
CERTIFICATE AS TO OFFICIAL STATEMENT
THE STATE OF TEXAS § s
COUNTY OF LUBBOCK S
§
CITY OF LUBBOCK §
RE: $19,215,000, "City of Lubbock, Texas, General Obligation
Bonds, Series 1993 11 (the "G.O. Bonds"); $1,470,000, "City of
Lubbock, Texas, Tax and Waterworks System (Limited Pledge)
Revenue Certificates of Obligation, Series 1993" (the "Limited
Pledge certificates"); $2,550,000 "City of Lubbock, Texas,
Airport General Obligation Bonds, Series 1993" (the "Airport
Bonds"); and $3,625,000, "City of Lubbock, Texas, Tax and
Airport surplus Revenue Certificates of Obligation, Series
1993 (the "Airport Certificates") (collectively refered to
herein as the "Obligations")
WE, THE UNDERSIGNED, Mayor and City Secretary of the City of
Lubbock, Texas, DO HEREBY CERTIFY that to the best of our knowledge
and belief:
(a) The descriptions and statements of
or pertaining to the City contained in its
Official statements, and any addenda, supplement
or amendment thereto, prepared in connection
with the issuance and sale of the above
referenced Obligations, on the date of such
Official Statements, on the date of sale of said
Obligations and the acceptance of the best bid
therefor, and on the date of the delivery, were
and are true and correct in all material
respects;
(b) Insofar as the City and its affairs,
including its financial affairs, are concerned,
such Official Statements did not and do not
contain an untrue statement of a material fact
or omit to state a material fact required to be
stated therein or necessary to make the
statements therein, in the light of the
circumstances under which they were made, not
misleading;
(c) Insofar as the descriptions and
statements, including financial data, of or
pertaining to entities, other than the City, and
their activities contained in such Official
Statements are concerned, such statements and
data have been obtained from sources which the
/
I
I~
City believes to be reliable and the City has no
reason to believe that they are untrue in any
material respect; and
(d) There has been no material adverse
change in the financial condition of the City
since the date of the last audited financial
statements of the City.
TO CERTIFY WHICH, witness our hands and the seal of the
City, this
. (City SealL
0121402 -2-
,,
,,.
CITY OF LUBBOCK, TEXAS
(Lubbock County)
$19,215,000
GENERAL OBLIGATION BONDS, SERIES 1993
and
$1,470,000
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993
Sealed Bids Due Thursday, October 14, 1993,
at 11:00 AM, CDT
• Amarillo
• LUBBOCK
Fort Worth• •Dallas
•
* Austin
San Antonio
I"
I"
t
i,....
,...
,...
NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
$19,215,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
GENERAL OBLIGATION BONDS, SERIES 1993
Sealed Bids Due Thursday, October 14, 1993, at 11:00 AM, CDT
THE SALE
Bonds Offered for Sale at Competitive Bidding
The City of Lubbock, Texas, is offering for sale its $19,215,000 General Obligation Bonds, Series 1993 (the "Bonds").
Address of Bids
Sealed bids, plainly marked "Bid for Bonds", should be addressed and delivered to "Mayor and City Council, City of Lubbock,
Texas" and delivered to the City Secretary at the Municipal Complex, 162513th St., Lubbock, Texas, prior to 11 :00 AM, CDT,
on the date of the bid opening. All bids must be submitted on the Official Bid Form, without alteration or interlineation.
Place and Time of Bid Opening
The bids for the Bonds will be publicly opened and read in the City Council Chambers, Municipal Complex, at 11:00 AM,
CDT, Thursday, October 14, 1993.
Award of the Bonds
The City Council will take action to award the Bonds (or reject all bids) immediately following the bid opening and adopt an
ordinance authorizing the Bonds and approving the Official Statement (the "Ordinance").
THE BONDS
Description
The Bonds will be dated October 1, 1993 (the "Bond Date"), and interest will be due on August 15, 1994 and on each
February 15 and August 15 thereafter until the earlier of maturity or prior redemption. The Bonds will be issued only in fully
registered form in any integral multiple of $5,000 for any one maturity. The Bonds will mature on February 15 in each year
as follows:
Principal Principal Principal
Year Amount Year amount Year Amount
1995 $960,000 2002 $960,000 2008 $960,000
1996 960,000 2003 960,000 2009 960~000
1997 960,000 2004 960,000 2010 960~000
1998 960,000 2005 960,000 2011 960,000
1999 960,000 2006 960,000 2012 965,000
2000 960,000 2007 960,000 2013 965,000
2001 960,000 2014 965,000
Book-Entry-Only System
The City intends to utilize the Book-Entry-Only System of The Depository Trust Company eDTC"). See "Bond and Certificate
Information -Book-Entry-Only System" in the Official Statement.
-i -
Redemption
The City reserves the right, at its option, to redeem Bonds having stated maturities on and after February lS, 2004, in whole
or in part in principal amounts of $5,000 or any integral multiple thereof, on February lS, 2003, or any date thereafter, at the
par value thereof plus accrued interest to the date fixed for redemption.
Paying Agent/Registrar
The initial Paying Agent/Registrar shall be NationsBank of Texas, N .A.,. Dallas, Texas (see "Bond and Certificate Information -
Paying Agent/Registrar" in the Official Statement).
Source of Payment
The Bonds constitute direct and voted ge~eral 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 within the City, as provided in the
Ordinance.
Further details regarding the Bonds are set forth in the Official Statement.
CONDITIONS OF SALE
Type of Bids and Interest Rates
The Bonds will be sold in one block on an • All or None" basis, and at a price of not less than their par value plus accrued
interest to the date of delivery of the Bonds. Bidders are invited to name the rate(s) of interest to be borne by the Bonds,
provided that each rate bid must be in a multiple of 1/8 of 1 % or 1/20 of 1 % and the effective interest rate must not exceed
IS%. The highest rate bid may not exceed the lowest rate bid by more than 2% in rate. No limitation is imposed upon
bidders as to the number of rates or changes which may be used. All Bonds of one maturity must bear one and the same rate.
No bids involving .supplemental interest rates will be considered. Bach bidder shall state in the bid the total interest cost in
dollars and the effective interest rate determined thereby (calculated in the manner prescribed by Article 717k-2, V ATCS), which
shall be considered informative only and not as a part of the bid.
Basis for Award
For the purpose of awarding the sale of the Bonds, the interest cost of each bid will be computed by determining, at the rate
or rates specified therein, the total dollar cost of all interest on the Bonds from the Bond Date to their respective maturities,
using the table of Bond Years herein, and deducting therefrom the premium bid, if any (the "Net Interest Cost Calculation").
Subject to the City's right to reject any or all bids on the Bonds and to waive any irregularities except time of filing, the Bids
will be awarded to the bidder or syndicate account manager whose name first appears on the respective Official Bid Form (the
"Purchaser") whose bid, based on the Net Interest Cost Calculation, produces the lowest net effective interest cost to the City.
Good Faith Deposit
A Good Faith Deposit, payable to the "City of Lubbock, Texas", in the amount of $384,300.00, is required. Such Good Paith
Deposit shall be a bank cashier's check or certified check, which is to be retained uncashed by the City pending the Purchaser's
compliance with terms of the bid and the Notice of Sale and Bidding Instructions. The qood Faith Deposit may accompany the
Official Bid Form or it may be. submitted separately. If submitted separately, it shall be inade available to the City prior to the
opening of the bids, and shall be accompanied by instructipns from the bank on which drawn which authorize its use as a Good
Faith Deposit by the Purchaser who shall be named in such.instructions. The Good Faith Deposit of the Purchaser ~ill be
returned to the Purchaser upon payment for the Bonds. No interest will be allowed on the.Good Faith Deposit. In the event
the Purchaser should fail or refuse to take up and pay for the Bonds in accordance with the bid, then said check shall be cashed
and accepted by the C~ty as full and complete liquidated damages. The checks accompanying bids other than the winning bid
will be returned immediately after the bids are opened, and an award of the Bonds has been made.
-ii -
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
CUSIP Numbers
It is anticipated that CUSIP identification numbers will appear on the Bonds, but neither the failure to print or type such number
on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser to accept delivery
of and pay for the Bonds in accordance with the terms of this Notice of Sale and Bidding lnstructions and the terms of the
Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the Bonds shall be paid by the City,
provided, however, that the CUSIP Service Bureau charge for the assignment of the numbers shall be the responsibility of and
shall be paid for by the Purchaser.
Initial Delivery of Initial Bond
Initial Delivery will be accomplished by the issuance of one Initial Bond (also called the "Bond• or "Bonds") either in typed
or printed form, in the aggregate principal amount of $19,215,000, payable in stated installments to the Purchaser, signed by
the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by the Comptroller of
Public Accounts. Upon delivery of the Initial Bond, it shall be immediately cancelled and one Bond for each maturity will be
delivered and deposited with DTC in connection with DTC's Book-Entry-Only System. Initial Delivery will be at the principal
office of the Paying Agent/Registrar. Payment for the Bonds must be made in immediately available funds for unconditional
credit to the City, or as otherwise directed by the City. The Purchaser will be given six business days' notice of the time fixed
for delivery of the Bonds. It is anticipated that Initial Delivery of the Initial Bond(s) can be made on or about November 18,
1993, and it is understood and agreed that the Purchaser will accept delivery and make payment for the Bonds by 10:00 AM,
CST, on November 18, 1993, or thereafter on the date the Bond is tendered for delivery, up to and including December2, 1993.
If for any reason the City is unable to make delivery on or before December 2, 1993, the City shall immediately contact the
Purchaser and offer to allow the Purchaser to extend its offer for an additional thirty days. If the Purchaser does not elect to
extend its offer within six days thereafter, then its Good Faith Deposit will be returned, and both the City and the Purchaser
shall be relieved of any further obligation. In no event shall the City be liable for any damages by reason of its failure to deliver
the Bonds, provided such failure is due to circumstances beyond the City's reasonable control.
Conditions to Delivery
The obligation of the Purchaser to take up and pay for the Bonds is subject to the Purchaser's receipt of (a) the legal opinion
of Fulbright & Jaworski L.L.P., Dallas, Texas, Bond Counsel for the City ("Bond Counsel"), (b) the no-litigation certificate,
and (c) the certification as to the Official Statement, all as further described in the Official Statement.
In order to provide the City with information required to enable it to comply with certain conditions of the Internal Revenue
Code of 1986 relating to the exclusion of interest on the Bonds from the gross income of their owners, the Purchaser will be
required to complete, execute, and deliver to the City (on or before the 6th business day prior to the delivery of the Bond) a
certification as to their "issue price" substantially in the form and to the effect attached hereto or accompanying this Notice of
Sale and Bidding Instructions. In the event the successful bidder will not reoffer the Bonds for sale, such certificate may be
modified in a manner approved by the City. In no event will the City fail to deliver the Bonds as a result of the Purchaser's
inability to sell a substantial amount of Bonds at a particular price prior to delivery. Each bidder, by submitting its bid,
agrees to complete, execute, and deliver such a certificate by the date of delivery of the Bonds, if its bid is accepted by the City.
It will be the responsibility of the Purchaser to institute such syndicate reporting requirements to make such investigation, or
otherwise to ascertain the facts necessary to enable it to make such certification with reasonable certainty. Any questions
concerning such certification should be directed to Bond Counsel.
Legal Opinions
The Bonds are offered when, as and if issued, subject to the approval of the Attorney General of the State of Texas. Delivery
of and payment for the Bonds is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the effect that the Bonds
are valid and binding obligations of the City and that the interest on the Bonds will be excludable from gross income for federal
income tax purposes under existing law, subject to the matters described under "Other Infonnation -Tax Exemption" in the
Official Statement, including the alternative minimum tax on corporations.
-iii -
CertifJCation of Off'lcial Statement
At the time of payment for and Initial Delivery of the Bonds, the City will execute and deliver to the Purchaser a certificate in
the form set forth in the Official Statement.
Change in Tax Exempt Status
At any time before the Bonds are tendered for delivery, the purchaser may withdraw its bid if the interest received by private
holders on bonds of the same type and character shall be declared to be taxable income under present federal income tax laws,
either by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared taxable or be required
to be taken into account in computing any federal income taxes, by the tenns of any federal income tax law enacted subsequent
to the date of this Notice of Sale and Bidding Instructions.
GENERAL
Financial Advisor
First Southwest Company is employed as Financial Advisor to the City in coMection with the issuance of the Bonds. The
Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance and delivery
of the Bonds. First Southwest Company may submit a bid for the Bonds, either independently or as a member of a syndicate
organized to submit a bid for the Bonds. 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 Bonds, or the possible
impact of any present, pending or future actions taken by any legislative or judicial bodies.
Blue Sky Laws
By submission of its bid, the Purchaser represents that the sale of the Bonds in states other than Texas will be made only
pursuant to exemptions from registration or, where necessary, the Purchaser will register the Bonds in accordance with the
securities law of the states in which the Bonds are offered or sold. The City agrees to cooperate with the Purchaser, at the
Purchaser's written request and expense, in registering the Bonds or obtaining an exemption from registration in any st.ate where
such action is necessary, provided, however, that the City shall not be obligated to execute a general or special consent to service
of process in any such jurisdiction.
Not an Offer to Sell
This Notice of Sale and Bidding Instructions does not alone constitute an offer to sell the Bonds, but is merely notice of the sale
of the Bonds. The offer to sell the Bonds is being made by means of the Notice of Sale and Bidding Instructions, the Official
Bid Form and the Official Statement. Prospective purchasers are urged to carefully examine the Official Statement to determine
the investment quality of the Bonds.
Issuance of Additional Debt
$2,SS0,000 Airport General Obligation Bonds, Series 1993, $3,625,000 Tax and Airport Surplus Revenue Certificates of
Obligation, Series 1993, and $1,470,000 Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation,
Series 1993, are also being offered for sale on October 14, 1993.
Following sale and issuance of the above Bonds and Certificates, the City will have $14,937,000 authorized but unissued general
obligation bonds. Of these the City's preliminary plans are to sell approximately $5,420,000 in 1995, $3,300,000 in 1996,
$1,320,000 in 1997 and $1,159,000 in 1998, totaling $11,199,000; there are no present plans to sell $3,738,000 of the
authorized bonds. The City has no other current plans for the sale and issuance of additional general obligation debt.
Ratings
The presently outstanding tax supported debt of the City is rated • Aa" by Moody's Investors Service, Inc. ("Moody's") and
•AA" by Standard & Poor's Corporation ("S&P"). Applications for contract ratings on this issue have been made to both
Moody's and S&P. The results of their determinations will be provided as soon as possible.
-iv -
Municipal Bond Insurance
In the event the Bonds are qualified for municipal bond insurance, and the Purchaser desires to purchase such insurance, the
cost therefor ~ill be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of said insurance will be
paid by the City. It will be the responsibility of the Purchaser to disclose the existence of insurance, its terms and the effect
thereof with respect to the reoffering of the Bonds.
The Official Statement and Compliance with SEC Rule lScl-12
The City has prepared the accompanying Official Statement and, for the limited purpose of complying with SBC Rule 15c2-12,
deems such Official Statement to be final as of its date within the meaning of such Rule for the purpose of review prior to
bidding. Representations made and to be made by the City concerning the absence of material misstatements and omissions in
the Official Statement are addressed elsewhere in this Notice of Sale and Bidding Instructions and in the Official Statement.
The City will furnish to the Purchaser, or Purchasers, acting through a designated senior representative, in accordance with
instructions received from the Purchaser(s), within seven (7) business days from the sale date an aggregate of 250 copies of the
Official Statement including a like number of copies of a Supplement reflecting interest rates and other terms relating to the
initial reoffering of the Bonds. The cost of preparation of the Supplement, or of a reprinted Official Statement, if the
Purchaser(s) shall so elect, and the cost of any Official Statement in excess of the number specified shall be prepared and
distributed at the cost of the Purchaser(s). The Purchaser(s) shall be responsible for providing in writing the initial reoffering
prices and other terms, if any, to the Financial Advisor by the close of the next business day after the award. Except as noted
above, the City assumes no responsibility or obligation for the distribution or deliveey of any copies of the Official Statement
in connection with the offering or reoffering of the subject securities.
Additional Copies of Notice, Bid Form and Statement
A limited number of additional copies of this Notice of Sale and Bidding Instructions, the Official Bid Fonn and the Official
Statement, as available over and above the normal mailing, may be obtained at the offices of First Southwest Company,
Investment Bankers, 1700 Pacific Avenue, Suite 500, Dallas, Texas 75201, Financial Advisor to the City.
On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Bonds, confirm its approval of
the form and content of the Official Statement, and any addenda, supplement or amendment thereto, and authorize its use in the
reoffering of the Bonds by the Purchaser.
ATTEST:
BETTY M. JOHNSON
City Secretary
September 9, 1993
• V.
DAVID R. LANGSTON
Mayor
City of Lubbock, Texas
No Text
BOND YEARS
,,.._
Accumulated Year Amount Bond Years Bond Years Year
1995 $ 960,000 1,317.333 1,317.333 1995
,...., 1996 960,000 2,277.333 3,594.666 1996
1997 960,000 3,237.333 6,831.999 1997
1998 960,000 4,197.333 11,029.332 1998
1999 960,000 5,157.333 16,186.665 1999
2000 960,000 6,117.333 22,303.998 2000
2001 960,000 7,077.333 29,381.331 2001
2002 960,000 8,037.333 37,418.664 2002
2003 960,000 8,997.333 46,415.997 2003
2004 960,000 9,957.333 56,373.330 2004
2005 960,000 10,917.333 67,290.663 2005
2006 960,000 11,877.333 79,167.996 2006
2007 960,000 12,837.333 92,005.329 2007
2008 960,000 13,797.333 105,802.662 2008
2009 960,000 14,757.333 120,559.995 2009
2010 960,000 15,717.333 136,277.328 2010
2011 960,000 16,677.333 152,954.661 2011
2012 965,000 17,729.194 170,683.855 2012
2013 965,000 . 18,694.194 189,378.049 2013
2014 965,000 19,659.194 209,037.243 2014
Average Maturity ---------------------------------10.879 Years
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OFFICIAL BID FORM
Honorable Mayor and City Council
City of Lubbock, Texas
October 14, 1993
Members of the City Council:
Reference is made 1o your Official Statement and Notice of Sale and Bidding Instructions, dated September 9, 1993, of $19,215,000 CITY OF
LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1993, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and accrued
interest from date of issue to date of delivery to us, plus a cash premium of $, ______ for Bonds maturing and bearing interest as follows:
Principal Interest Principal Interest
Maturity Amount Rate Maturity Amount Rate Maturity
2-15-1995 $960,000 ---% 2-15-2002 $960,000 ---% 2-15-2008
2-15-1996 960,000 ---% 2-15-2003 960,000 ---% 2-15-2009
2-15-1997 960,000 ---% 2-15-2004 960,000 ---% 2-15-2010
2-15-1998 960,000 ---% 2-15-2005 960,000 ---% 2-15-2011
2-15-1999 960,000 ---% 2-15-2006 960,000 ---% 2-15-2012
2-15-2000 960,000 ---% 2-15-2007 960,000 ---% 2-15-2013
2-15-2001 960,000 ---% 2-15-2014
Our calculation (which is not a part of this bid) of the interest cost from the above is:
Total Interest Cost
Less Premium
NET INTEREST COST
EFFECTIVE INTEREST RATE
$. ______ _
$ ______ _
_______ %
Principal Interest
Amount Rate
$960,000 %
960,000 %
960,000 %
960,000 %
965,000 %
965,000 %
965,000 %
We are having the Bonds of the following maturities _________ __,-,---,.---,--..,..,.-,--------,-insured
by ------------------'at a premium of$ ____________ , said premium to be paid by the Purchaser. Any
fees to be paid to the rating agencies as a result of said insurance will be paid by the City.
The Initial Bond shall be registered in the name of___,,--....,.........,...----,---,------,----,---.....,,..--,....,...,,....,,..=-=· We will advise The Depository Trust
Company ("DTC") of registration instructions at least five business days prior to the date set for Initial Delivery.
A bank cashier's check or certified check of the ______________ Bank, _______________ , in the
amount of $384,300.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this
bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Bonds utilizing the Book-Entry-Only System through DTC and make payment for the Initial Bond in immediately
available funds in the Corporate Trust Division, NationsBank of Texas, N .A., Dallas, Texas, not later than 10:00 AM, CST, on Novemberl 8, 1993,
or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding Instructions.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Bonds, a certificate relating
to the "issue price" of the Bonds in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with such changes thereto
as may be acceptable to the City.
We agree to provide in writing the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of the next business
day after the award.
Respectfully submitted,
By ____ ....,.....,.......,..--,-,,,.-----,------
Authorized Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Lubbock, Texas, subject to and in accordance with the Notice of Sale and
Bidding Instructions, this the 14th day of October, 1993.
ATIEST: Mayor
City of Lubbock, Texas
City Secretary
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ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of $19,215',000 CITY OF LUBBOCK, TEXAS GENERAL
OBLIGATION BONDS, SERIES 1993 (the •eonds"):
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which bas purchased the Bonds from
City of Lubbock, Texas (the "Issuer") at competitive sale.
2. The undersigned and/or one or more other members of the underwriting syndicate. if any, have made a bona fide offering
to the public of the Bonds of each maturity at the respective prices set forth below.
3. The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued interest) for the
Bonds of each maturity at which a substantial amount of the Bonds of such maturity was sold to the public is as set forth below:
Principal Offering Principal Offering
Amount Year of Price Amount Year of Price
Maturing Maturi!): (%/Yield) Maturing Maturi!): (%/Yield)
$960,000 1995 % $960,000 2005 %
960,000 1996 % 960,000 2006 %
960,000 1997 % 960,000 2007 %
960,000 1998 % 960,000 2008 %
960,000 1999 % 960,000 2009 %
960,000 2000 % 960,000 2010 %
960,000 2001 960,000 2011 %
960,000 2002 % 965,000 2012 %
960,000 2003 % 965,000 2013 %
960,000 2004 % 965,000 2014 %
4. The term "public," as used herein, means persons other than bondhouses, brokers, dealers, and similar persons or
organizations acting in the capacity of underwriters or wholesalers.
s. The offering prices described above reflect current market prices at the time of such sales.
6. The undersigned and/or one or more other members of the underwriting syndicate, as the case may be, (have)(have not)
purchased bond insurance for the Bonds. The bond insurance, if any, has been purchased from _________ (the
"Insurer") for a premium cost of$. _______ (net of any nonguarantee cost, e.g., rating agency fees). The amount
of such cost is set forth in the Insurer's commitment and is separately stated from all other fees or charges payable to the
Insurer. The premium does not exceed a reasonable charge for the transfer of credit risk taking into account payments charged
by guarantors in comparable transactions (mcluding transactions in which a guarantor has no involvement other than as a
guarantor). The present value of the debt service savings expected to be realized as a result of such insurance, discounted at
a rate equal to the yield on the Bonds which results after recovery of the insurance premium, exceeds the present value of the
bond insurance premium.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort to comply with
the conditions imposed by the Internal Revenue Code of 1986, as amended, on the excludability of interest on the Bonds from
the gross income of their owners.
EXECUTED and DELIVERED this _____ day of _____ _, 1993.
(Name of Underwriter or Manager)
By: __________ _
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NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
$1,470,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993
Sealed Bids Due Thursday, October 14, 1993, at 11 :00 AM, CDT
THE SALE
Certifacates Offered for Sale at Competitive Bidding
The City of Lubbock, Texas, •is offering for.sale its $1,470,000 .Tax and Waterworks System (Limited Pledge) Revenue
Certificates of Obligation, Series 1993 (the •certificates"). ·
Addl'.ess of Qids
Sealed bids, plainly marked "Bid for Certificates", should be addressed and delivered to •Mayor and City Council, City of
Lubbock, Texas" and delivered to the City Secretary at the Municipal Complex, 1625 13th St., Lubbock, Texas, prior to
11 :00 AM, CDT, on the dste of the bid opening, All bids must be submitted on the Official Bid Form, without alten.tion or
mterlineation.
Place and .Time of Bid Opening
The bids for the Certificates will be publicly opened and read in the City Council Chambers, Municipal Complex, at 11 :00 AM,
CDT, Thursday, October 14, 1993.
Award of the Certificates
The City Council will take action to award the Certificates (or reject all bids) immediately following the bid opening and adopt
an ordinance authorizing the Certificates and approving the Official Statement (the •Ordinance•).
THE CERTIFICATES
-Description
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The Certificates will be dated October 1, 1993 (the "Certificate Date"), and interest will be due on August lS, 1994 and on each
February lS and August lS tbereafter until the earlier of maturity or prior redemption. The Certificates will be issued only in
fully registered form in any integral multiple of $5,000 for any one maturity. The Certificates will mature on Februacy 1S in
each year as follows: ·
Principal Principal Principal
.Xe!: Amount Year Amount .Xe!: Amount
1995 $70,000 2002 $75,000 2008 $75,000
1996 70,000 2003 . 75,000 2009 75,000
1997 70,000 2004 75,000 2010 75,000
1998 70,000 2005 75,000 2011 75,000
1999 70,000 2006 15,000 2012 . 75,000
2000 70,000 2007 75,000 2013 75,000
2001 75,000 2014 75,000
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Book-Entry-Only System
The City intends to utilize the Book-Entry-Only System of The Depository Trust Company ("OTC"). See "Bond and Certificate
Information -Book-Entry-Only System" in the Official Statement.
Redemption
The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2004; in
whole or in part in principal amounts of'$5,000 or any integral multiple thereof, on February 15, 2003, or any date thereafter,
at the par value thereof plus accrued interest to the date fixed for redemption.
Paying Agent/Registrar
The initial Paying Agent/Registrar shall be NationsBank of Texas, N .A., Dallas, Texas (see "Bond and Certificate Information -
Paying Agent/Registrar" in the Official Statement).
Source of Payment
The Certificates constitute direct general obligations of the City, payable from a combination of (i) the levy and collection of
a direct and continuing ad valorem ad valorem tax, within the limits prescribed by law, . on all taxable property within the City,
. and (ii) a limited pledge of net revenues of the City's Waterworks System, as provided in the Ordinance.
Further details regarding the Certificates are set forth in the Official Statement.
· CONDITIONS OF SALE
Type of Bids and Interest Rates
The Certificates will be sold in one block on an • All or None" basis, and at a price of not less than their par value plus accrued
interest to the date of delivery of the Certificates. Bidders are invited to name the rate(s) of interest to be borne by the
Certificates, provided that each rate bid must be in a multiple of 1/8 of 1 % or 1/20 of 1 % and the effective interest rate must
not exceed 15%. The highest rate bid may not exceed the lowest rate bid by more than 2% in rate. No limitation is
imposed upon bidders as to the number of rates or changes which may be used. All Certificates of one maturity must bear one
and the same rate. No bids involving supplemental interest rates will be considered. Bach bidder shall state in the bid the total
interest cost in dollars and the effective interest rate determined thereby (calculated in the manner prescribed by Article 717k-2,
VA TCS), which shall be considered informative only and not as a part of the bid.
Basis for Award
For the purpose of awarding the sale of the Certificates, the interest cost of each bid will be computed by determining, at the
rate or rates specified therein, the total dollar cost of all interest on the Certificates from the Certificate Date to their respective
maturities, using the table of Bond Years herein, and deducting therefrom the premium bid, if any (the "Net Interest Cost
Calculation"). Subject to the City's right to reject any or all bids on the Certificates and to waive any irregularities except time
of filing, the Bids will be awarded to the bidder or syndicate account manager whose name first appears on the respective
Official Bid Form (the "Purchaser") whose bid, based on the Net Interest Cost Calculation, produces the lowest net effective
interest cost to the City.
Good Faith Deposit
A Good Faith Deposit, payable to the "City of Lubbock, Texas", in the amount of $29,400.00, is required. Such Good Faith
Deposit shall be a bank cashier's check or certified check, which is to be retained uncashed by the City pending the Purchaser's
compliance with terms of the bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may accompany the
Official Bid Form or it may be submitted separately. If submitted separately, it shall be made available to the City prior to the
opening of the bids, and shall be accompanied by instructions from the .hank on which drawn which authorize its use as a Good
Faith Deposit by the Purchaser who shall be named in such instructions. The Good Faith Deposit of the Purchaser will be
returned to the Purchaser upon payment for the Certificates. No interest will be allowed on the Good Faith Deposit. In
the event the Purchaser should fail or refuse to take up and pay for the Certificates in accordance with the bid, then said check
shall be cashed and accepted by the City as full and complete liquidated damages. The checks accompanying bids other than
the winning bid will be returned immediately after the.bids are opened, and an award of the Certificates has been made.
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DELIVERY OF THE. CERTIFICATES AND ACCOMPANYING DOCUMENTS
CUSIP Numbers
It is anticipated ihat CUSIP identification numbers will. appear on the Certificates, but neither the failure to print or type such
number on any Certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser to
accept delivery of and pay for the Certificates in accordance with the terms of this Notice of Sale and Bidding Instructions and
the terms of the Official Bid Form. All expenses in relation to the printing or typing of CU SIP numbers on the Certificates shall
be paid by the City, provided, however, that the CU SIP Service Bureau charge for the assignment of the numbers shall be the
responsibility of and shall be paid for by the Purchaser.
Initial Delivery of Initial Certificate
Initial Delivery will be accomplished by the issuance of one Initial Certificate (also called the "Certificate" or "Certificates")
either in typed or printed form, in the aggregate principal amount of$1,470,000, payable in stated installments to the Purchaser,
signed by the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by the
Comptroller of Public Accounts. Upon delivery of the Initial Certificate, it shall be immediately cancelled and one Certificate
for each maturity will be delivered and deposited with DTC in connection with DTC's Book-Entry-Only System. Initial Delivery
will be at the principal office of the Paying Agent/Registrar. .Payment for the Certificates must be made in immediately
available funds for unconditional credit to the City, or as otherwise directed by the City. The Purchaser will be given six
business days' notice of the time fixed for delivery of the Certificates. It is anticipated that Initial D~livery of the Initial
Certificate(s) can be made on or about November 18, 1993, and it is understood and agreed that the Purchaser will accept
delivery and make payment for the Certificates by 10:00 AM, CST, on November 18, 1993, or thereafter on the date the
Certificate is tendered for delivery, up to and including December 2, 1993. If for any reason the City is unable to make delivery
on or before December 2, 1993, the City shall immediately contact the Purchaser and offer to allow the Purchaser to extend
its offer for an additional thirty days. If the Purchaser does not elect to extend its offer within six days thereafter, then its Good
Faith Deposit will be returned, and both the City and the Purchaser shall be relieved of any further obligation. In no event shall
the City · be liable for anr damages by reason of its failure to deliver the Certificates, provided such failure is due to
circumstances beyond the City's reasonable control.
Conditions to Delivery
The obligation of the Purchaser to take up and pay for the Certificates is subject to the Purchaser's receipt of (a) the legal
opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, Bond Counsel for the City ("Bond Counsel"), (b) the no-litigation
certificate, and (c) the certification as to the Official Statement, all as further described in the Official Statement.
In order to provide the City with information required to enable it to comply with certain conditions of the Internal Revenue
Code of 1986 relating to the exclusion of interest on the Certificates from the gross income of their owners, the Purchaser will
be required to complete, execute, and deliver to the City (on or before the 6th business day prior to the delivery of the
Certificate) a certification as to their "issue price" substantially in the form and to the effect attached hereto or accompanring
this Notice of Sale and Bidding Instructions. In the event the successful bidder will not reoffer the Certificates for sale, such
certificate may be modified in a manner approved by the City. In no event will the City Cail to deliver the Certificates as
a result or the Purchaser's inability to sell a substantial amount of CertirJCates at a particular price prior to delivery. Each
bidder, by submitting its bid, agrees to complete, execute, and deliver such a certificate by the date of delivery of the
Certificates, if its bid is accepted by the City. It will be the responsibility of the Purchaser to institute such syndicate reporting
requirements to make such investigation, or otherwise to ascertain the facts necessary to enable it to make such certification with
reasonable certainty. Any questions concerning such certification should be directed to Bond Counsel.
Legal Opinions
The Certificates are offered when, as and if issued, subject to the approval of the Attorney General of the State of Texas.
Delivery of and payment for the Certificates is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the effect
that the Certificates are valid and binding obligations of the City and that the interest on the Certificates will be excludable from
gross income for federal income tax purposes under existing law, subject to the matters described under "Other Information -
Tax Exemption" in the Official Statement, including the alternative minimum tax on corporations.
Certirication of Official Statement
At the time of payment for and Initial Delivery of the Certificates, the City will execute and deliver to the Purchaser a certificate
in the form set forth in the Official Statement.
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Change in Tax Exempt Status
At any time before the Certificates are tendered for delivery, the purchaser may withdraw its bid if the interest received by
private holders on bonds of the same type and character shall be declared to be taxable income under present federal income
tax laws, either by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared taxable
or be required to be taken into account in computing any federal income taxes, by the terms of any federal income tax law
enacted subsequent to the date ~f this Notice of Sale and Bidding Instructions.
GENERAL
Financial Advisor
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The
Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and
delivery of the Certificates. First Southwest Company may submit a bid for the Certificates, either independently or as a
member of a syndicate organized to submit a bid for the Certificates. 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 Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies.
Blue Sky Laws
By .submission of its bid, the Purchaser represents that the sale of the Certificates in states other than Texas will be made only
pursuant to exemptions from registration or,· where necessary, the Purchaser will register the Certificates in accordance with
the securities law of the states in which the Certificates are offered or sold. The City agrees to cooperate with the Purchaser,
at the Purchaser's written request and expense, in registering the Certificates or obtaining an exemption from registration in any
state where such action is-necessary, provided, however, that the City shall not be obligated to execute a -general or special
consent to service of process in any such jurisdiction.
Not an Offer to Sell
;rbis Notice ~f Sale and Bidding Instructions does not alone constitute an offer to sell the Certificates, but is merely notice of
the sale of the Certificates, . The offer to sell the Certificates is being made by means of the Notice of Sale and Bidding
Instructions, the Official Bid Form and the Official Statement: Prospective purchasers are urged to carefully. examine the
Official Statement to determine the investment quality of the Certificates .
.. Issuan~e of Additional· Debt
$19,215,000 General Obligation Bonds, Series 1993, $2,550,000 Airport General Obligation Bonds, Series 1993, and $3,625,000
Tax and Airport Surplus Revenue Certificates of Obligation, Series 1993, are also being offered for sale on October 14, 1993.
Following sale and issuance of the above Bonds and Certificates, the City will have $14,937,000 authorized but unissued general
obligation bonds. Of these the City's preliminary plans are to sell approximately $5,420,000 in 1995, $3,300,000 in 1996,
$1,320,000 in 1997 and $1,159,000 in 1998, totaling $11,199,000; there are no presentplans to sell $3,738,000 of the
authorized bonds. The City bas no other current plans for the sale and issuance of additional general obligation debt.
Ratings
The presently outstanding tax supported debt of the City is rated "Aa" by Moody's Investors Service, Inc. (ttMoody•stt) and
~AA• by Standard & Poor's Corporation ("S&P") .. Applications for contract ratings on this issue have been made to both
Moody;s and S&P. The results of their determinations will be provided as soon as possible.
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Municipal Bond Insurance
In the event the Certificates are qualified for municipal bond insurance, and the Purchaser desires to purchase such insurance,
the cost therefor will be paid by the Purchaser. Any fees to be paid to the rating agericies'as'a result of said insurance will
be paid by the City. It will be the responsibility of the Purchaser to disclose the existence of insurance, its terms and the effect
thereof with respect to the reoffering of the Certificates. · ·
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The Ofraclal Statement and Compliance with SEC Rule tSc.2-12
The City has prepared the accompanying Official Statement and, for the limited purpose of complying with SEC Rule 1Sc2-12,
deems such Official Statement to be final as of its date within the meaning of such Rule· for the purpose of review prior to
bidding. Representations made and to be made by the City concerning the absence of material misstatements and omissions in
the Official Statement are addressed elsewhere in• this Notice of Sale and Bidding Instructions and in the Official Statement.
The City will furnish to the Purchaser, or Purchasers, acting through a designated senior representative, in accordance with
instructions received from the Purchaser(s), within seven (7) business days from the sale date an aggregate of 100 copies of the
Official Statement including a like number of copies of a Supplement reflecting interest rates and other terms {'ela.ting to the
initial reoffering of the Certificates. The cost of preparation of the Supplement, or of a reprinted Official Statement, if the
Pu.rchaser(s) shall so elect, and the cost of .any Official Statement in excess of the number specified shall be prepared and
distributed at the cost of the Purcbaser(s). The Purchaser(s) shall be responsible for providing in writing the initial reoffering
prices and other terms, if any, to the Financial Advisor by the close of the next business day after the award. Except as noted
above, the City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official Statement
in coMection with the offering or reoffering of the subject securities.
Additional Copies of Notice, Bid Form and St.atement
A limited number of additional copies of this Notice of Sale and Bidding Instructions, the Official. Bid Form and the Official
Statement, as available over and above the normal mailing, may be obtained at the offices of First Southwest Company,
Investment Bankers, 1700 Pacific Avenue, Suite SOO, Dallas, Texas 75201, Financial Advisor to the City.
On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Certificates, confirm its approval
of the form and content of the Official Statement, and any addenda, supplement or amendment thereto, and authorize its use
in the reoffering of the Certificates by the Purchaser.
ATTEST:
BETTY M. JOHNSON
City Secretary
September 9, 1993
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DAVID R. LANGSTON
Mayor
City of Lubbock, Texas
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BOND YEARS
Year Amount Bond Years Accumulated Bond Years Year
1995 $ 70,000 96.056 96.056 1995 -1996 70,000 166.056 262. 112 1996
1997 70,000 236.056 498. 168 1997
1998 70,000 306.056 804.224 1998
1999 70,000 376.056 1,180.280 1999
2000 70,000 446.056 1,626.336 2000
2001 75,000 552.917 2,179.253 2001
2002 75,000 627. 917 2,807.170 2002
2003 75,000 702.917 3,510.087 2003
2004 75,000 777. 917 4,288.004 2004
2005 75,000 852.917 5,140.921 2005
2006 75,000 927.917 6,068.838 2006 ,..
2007 75,000 1,002.917 7,071.755 2007
2008 75,000 1,077.917 8,149.672 2008
2009 75,000 1,152.917 9,302.589 2009
2010 75,000 1,227.917 10,530.506 2010
2011 75,000 1,302.917 11,833.423 2011
2012 75,000 1,377.917 13,211.340 2012 -2013 75,000 1,452.917 14,664.257 2013
2014 75,000 1,527.917 16,192.174 2014
Average Maturity ---------------------------------11.015 Years -
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OfflCIAL BID FORM
Honorable Mayor and City Council
City of Lubbock, Texas
Oc:tober 14, 1993
Members of the City Council:
Refenmce is made to your Official Statement and Notice of Sale and Bidding Instructions, dated September 9, 1993, of $1,470,000 CITY OF
LUBBOCK, TEXAS TAX AND WATERWORKS SYSTEM (LIMll1ID PLEDGE) REVENUE CERTIFICATES OF OBUOATION, SERlES 1993,
both of which constitute a part hereof.
For your legally issued Certificates, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and
accrued interest from date of issue to date of delivery to us, plus a cash premium of$ ______ for Certificates maturing and bearing interest
as follows:
Principal Interest Principal Interest
Maturity Amount Rate Maturity Amount gate Maturi!}:
2-15-1995 $70,000 --" 2-15-2002 $75,000 -" 2-15--2008
2-15-1996 70,000 ---% 2-15-2003 75,000 ---% 2-15-2009
2-15--1997 70,000 __ % 2-15-2004 75,000 __ % 2-15-2010
2-15-1998 70,000 ---% 2-15-2005 75,000 __ % 2-15-2011
2-15-1999 70,000 ---% 2-15-2006 75,000 __ % 2-15-2012
2-15-2000 70,000 % ---2-15-2007 75,000 __ % 2-15--2013
2-15-2001 75,000 __ % 2-15-2014
Our calculation (which is not a part of this bid) of the interest cost from the above i1:
Total Interest Cost
Less Premium
NET INTEREST COST
EFFECTIVE INTEREST RATE
$. ______ _
$ ______ _
_______ %
Principal mterest
Amount B.!te
$75,000 " 75,000 %
75,000 %
75,000 %
75,000 " 75,000 %
75,000 %
We are having the Certificates of the following maturities-------...,..,,---._.....,.--=---.-::-:--,:---::,---,,-insured
by -....---.-:---::---:-----:-----:---:--:•ta premium of$ ___ ....,.------• pjd premium to be paid by the Purchaser. Any
fees to be paid to the rating agencies as a result of 1111id insurance will be paid by the City.
The Initial Certificate shall be registered in the name of...,-.....,.--,---,--.-----,--,----=-.....-,a-:-,=-=-,.,-· · We will advise The Depository Trust
Company ("DTC") of registration instructions at least five business days prior to the date set for Initial Delivery.
A bank cashier'a cheek or certified check of the,..,,,..,......,,,.._..,......,,_ _____ ,.___,,__,... Bank,-....,--.,.,..,-,-----,--~--.,..-, in the
amount of $29,400.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this
bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Certificates utilizing the Book-Bntry-Only System through DTC and make payment for the Initial Certificate in
immediately available funds in the Corporate Trust Division, NationsBank of Texas, N.A., Dallas, Texas, not later than 10:00 AM, CST, on
November 18, 1993, or thereafter on the date the Certificates are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and
Bidding Instructions.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Certificates, a certificate
relating to the "issue price• of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with such
changes thereto as may be acceptable to the City.
We agree to provide in writing the initial reoffering prices and other terms, if any, to the Fmancial Advisor by the dose of the next business
day after the award.
Respectfully submitted,
By _____ _,.....,....,,..,,,..---.,-------
Authorized Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Lubbock, Texas, subject to and in accordance with the Notice of Sale and
Bidding Instructiona, this the 14th day of October, 1993.
ATTEST: Mayor
City of Lu~bock, Texas
City Secretary
No Text
-
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-
-
-
-
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ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of $1,470,000 CITY OF LUBBOCK, TEXAS TAX AND
WATERWORKS (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993 (the "Certificates"):
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which bas purchased the Certificates from
City of Lubbock, Texas (the "Issuer") at competitive sale.
2. The undersigned and/or one or more other members of the underwriting syndicate, if any, have made a bona fide offering
to the public of the Certificates of each maturity at the respective prices set forth below.
3. The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued interest) for the
Certificates of each maturity at which a substantial amount of the Certificates of such maturity was sold to the public is as set
forth below:
Principal Offering Principal Offering
Amount Year of Price Amount Year of Price
Maturing Maturitt (%/Yield) Maturing Maturitt {%/Yield}
$70,000 1995 % $75,000 2005 %
70,000 1996 % 75,000 2006 %
70,000 1997 % 75,000 2007 %
70,000 1998 % 75,000 2008 %
70,000 1999 % 75,000 2009 %
70,000 2000 % 75,000 2010 %
75,000 2001 % 75,000 2011 %
75,000 2002 % 75,000 2012 %
75,000 2003 % 75,000 2013 %
75,000 2004 % 75,000 2014 %
4. The term "public," as used herein, means persons other than bondhouses, brokers, dealers, and similar persons or
organizations acting in the capacity of underwriters or wholesalers.
5. The offering prices described above reflect current market prices at the time of such sales.
6. The undersigned and/or one or more other members of the underwriting syndicate, as the case may be, (have)(have not)
purchased bond insurance for the Certificates. The bond insurance, if any, has been purchased from __ · ___________ _
(the "Insurer") for a premium cost of$ ______ (net of any nonguarantee cost, e.g., rating agency fees). The amount
of such cost is set forth in the Insurer's commitment and is separately stated from all other fees or charges payable to the
Insurer. The premium does not exceed a reasonable charge for the transfer of credit risk taking into account payments charged
by guarantors in comparable transactions (including transactions in which a guarantor has no involvement other than as a
guarantor). The present value of the debt service savings expected to be realized as a result of such insurance, discounted at
a rate equal to the yield on the Certificates which results after recovery of the insurance premium, exceeds the present value
of the bond insurance premium.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort to comply with
the conditions imposed by the Internal Revenue Code of 1986, as amended, on the excludability of interest on the Certificates
from the gross income of lheir owners.
EXECUTED and DELIVERED this _____ day of _____ _, 1993.
(Name of Underwriter or Manager)
By: _________ _
Tide
No Text
OFFICIAL STATEMENT
Dated September 9, 1993
NEW ISSUE -Book-Entry-Only
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 "Other Information -Tax Exemption• herein, including the alternative
minimum tax on corporations.
Dated: October 1, 1993
$19,215,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
GENERAL OBLIGATION BONDS, SERIES 1993
Due: February 1S, as shown below
Interest on the $19,215,000 City of Lubbock, Texas (the "City") General Obligation Bonds, Series 1993 (the "Bonds") will
accrue from the dated date as shown above and will be payable Februacy lS and August lS of each year, commencing August
IS, 1994, and will be calculated on the basis of a 360-day year of twelve 30-day months. The City int.ends to utilize the Book-
Entry-Only System of The Depository Trust Company ("DTC"), but reserves the right on its behalf or on the behalf of DTC
to discontinue such system. Such Book-Entry-Only System will affect the method and timing of payment and the method of
transfer (see "Bond and Certificate Information -Book-Entry-Only System").
These Bonds were authorized at elections held at various times, and are direct and voted general obligations of the City, payable
from the levy and collection of an ad valorem tax, within the limits prescribed by law, on all taxable property within the City,
as provided in the ordinance authorizing the Bonds (the "Ordinance") (see "Bond and Certificate Information - • Authority for
Issuance" and "Security for Bonds").
The initial Paying Agent/Registrar shall be the NationsBank of Texas, N .A., Dallas, Texas (see "Bond and Certificate
Information -Paying Agent/Registrar").
Proceeds from the sale of the Bonds will be used for street improvements, libracy facilities improvements, park improvements,
coliseum improvements, animal control facilities improvements, Waterworks System improvements, Sewer System improvements
and to pay costs of issuance.
MATURITY SCHEDULE
Price Price
or or
Amount Maturi!! Rate ~ Amount Maturi!! Rate ~
$960,000 199S $960,000 200S
960,000 1996 960,000 2006
960,000 1997 960,000 2007
960,000 1998 960,000 2008
960,000 1999 960,000 2009
960,000 2000 960,000 2010
960,000 2001 960,000 2011
960,000 2002 965,000 2012
960,000 2003 965,000 2013
960,000 2004 965,000 2014
The City reserves the right, at its option, to redeem Bonds having stated maturities on and after February 15, 2004, in whole
or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2003, or any date thereafter, at the
par value thereof plus accrued interest to the date fixed for redemption (see "Bond and Certificate Information -Redemption
of Bonds and Certificates").
The presently outstanding tax supported debt of the City is rated "Aa" by Moody•s Investors Service, Inc. ("Moody's") and
"AA" by Standard & Poor's Corporation ("S&P"). Requests for rating for the Bonds have been made to both rating services
(see "Other Information -Ratings").
The Bonds are offered for delivery when, as and if issued and received by the purchaser(s) and subject to the approving opinion
of the Attorney General of the State of Texas and of Fulbright & Jaworski L.L.P ., Bond Counsel, Dallas, Texas. The legal
opinion will be printed on or attached to the Bonds (see Appendix B, "Form of Bond Counsel's Opinion -The Bonds").
It is expected that the Bonds will be tendered for delivery to the initial purchaser(s) through The Depository Trust Company.
Delivery: Anticipated on or about November 18, 1993.
r
THIS PAGE LEFT INTENTIONALLY BLANK.
I"
2
,.....
NEW ISSUE -Book-Entry..Only
OFFICIAL STATEMENT
Dated September 9, 1993
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 •Other Information -Tax Exemption" herein, including the
alternative minimum tax on corporations.
$1,470,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993
Dated: October 1, 1993 Due: February 15, as shown below
Interest on the $1,470,000 City of Lubbock, Texas (the "City") Tax and Waterworks System (Limited Pledge) Revenue
Certificates of Obligation, Series 1993 (the "Certificates") will accrue &om the dated date as shown above and will be payable
February 15 and August 15 of each year, commencing August 15, 1994, and will be calculated on the basis of a 360-day year
of twelve Jo-day months. The City intends to utilize the Book-Entry-Only System of The Depository Trost Company ("OTC"),
but reserves the right on its behalf or on the behalf of DTC to discontinue such system. Such Book-Entry-Only System will
affect the method and timing of payment and the method of transfer (see "Bond and Certificate Information -Book-Entry-Only
System").
These Certificates constitute direct obligations of the City, payable &om 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 of net revenues of the City's Waterworks System, as provided in the ordinance authorizing the Certificates (the
"Ordinance") (see "Bond and Certificate Information -Authority for Issuance and Security for Certificates").
The initial Paying Agent/Registrar shall be the NationsBank of Texas, N .A., Dallas, Texas (see "Bond and Certificate
Information -Paying Agent/Registrar").
Proceeds &om the sale of the Certificates will be used to pay contractual obligations incurred for Civic Center and street
improvements to provide improved access and utilization for persons with disabilities and for professional services.
MATURITY SCHEDULE
Price Price
or or
Amount Maturi!}: Rate Yield Amount Maturi!}: Rate Yield
$70,000 1995 $75,000 2005
70,000 1996 75,000 2006
70,000 1997 75,000 2007
70,000 1998 75,000 2008
70,000 1999 75,000 2009
70,000 2000 75,000 2010
75,000 2001 75,000 2011
75,000 2002 75,000 2012
75,000 2003 75,000 2013
75,000 2004 75,000 2014
The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2004, in
whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2003, or any date thereafter,
at the par value thereof plus accrued interest to the date fixed for redemption (see "Bond and Certificate Information -
Redemption of Certificates").
The presently outstanding tax supported debt of the City is rated "Aa" by Moody's Investors Service, Inc. ("Moody's") and
•AA• by Standard & Poor's Corporation ("S&P"). Requests for rating for the Certificates have been made to both rating
services (see "Ratings").
The Certificates are offered for delivery when, as and if issued and received by the purchasers and subject to the approving
opinion of the Attorney General of the State of Texas and of Fulbright & Jaworski L.L.P ., Bond Counsel, Dallas, Texas. The
legal opinion will be printed on the Certificates (see Appendix C, "Fonn of Bond Counsel's Opinion -the Certificates").
It is expected that the Certificates will be tendered for delivery to the initial purchaser(s) through The Depository Company.
Delivery of the Certif"'JCates is anticipated on or about November 18, 1993.
3
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4
No dealer, salesman, or any other person has been authorized to give any information or make any representation, other than
those contained herein, in connection with the offering of these .Bon.ds or Certificates, and if given or made such information
or representation must not be relied upon. The information and expressions of opinion herein are subject to cf!ange without
notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, ·create
any implication that there has been no change in the qffairs of the City since the date hereof.
TABLE OF CONTENTS .
OFFICIAL STATEMENT
Description of Bonds . • • • • • • • . • • • . . . . 1
Description of Certificates . . • • • • • . • . • . . 3
CITY ADMINISTRATION
Elected Officials • • • • • • . • • . . . . • • • . • 6
Appointed Officials • . . . • • • • • . . . • . . . • 6
Consultants and Advisors . . . . • • . • • • • • • 7
SELECTED DATA FROM THE OFFICIAL
STATEMENT . . . . . . . . . . . . . . . . . . . . 8
BOND AND CERTIFICATE INFORMATION
Authority for Issuance • . . • . . . . . . . • • • • 10
Security for the Bonds and the Certificates . . 10
Redemption of Bonds and Certificates . . • . . 10
Book-Entry-Only System . . . . . • • • • . • • . 11
Paying Agent/Registrar . . . • . . . . . . • . • . 12
Transfer, Exchange and Registration • . . . . . 12
Limitation on Transfer of Bonds and
Certificates Called for
Redemption . . . • . . . . • • • . • • . • • .
Record Date for Interest Payment . . • . . . . •
Use of Bond Proceeds .•••••...•..••.
12
13
13
Sources and Uses of Funds -The Bonds • . • • 13
Use of Certificate Proceeds • • • . • • • . • . . • 13
Sources and Uses of Funds -The Certificates • 13
TAX INFORMATION
Ad V alorem Tax Law 14
Valuation, Exemptions and Debt Obligations • 1S
Taxable Assessed Valuations by Category • • • 17
Valuation and Funded Debt History . . . • • • • 18
Tax Rate, Levy and Collection History • . • • • 19
20
20
Ten Largest Taxpayers •....•.•••••••
Tax Rate Limitation . . • • • • • • • • • . • • • •
Assessed Valuations, Tax Rates, Outstanding
Debt and Authorized But Unissued Bonds
of Overlapping Taxing Jurisdictions 21
DEBT INFORMATION
Debt Service Requirements • • • • • • • • • • • . 21
Division of Debt Service Requirements . • . • • 23
Estimated Direct and Overlapping Funded Debt
Payable From Ad Valorem Taxes . • • • 24
Interest and Sinking Fund Budget Projection • 25
Computation of Self-Supporting Debt
The Waterworks System • • • . • • . • • • 25
The Sewer System . • . . • • • • . • • . • • 26
Solid Waste Disposal System • • • • • . • 26
Authorized General Obligation Bonds • • • • • • 27
Anticipated Issuance of Authorized General
Obligation Bonds and Other Obligations • 27
s
Funded Debt Limitation • • • . • • . • • • • • • • • • 27
Other Obligations • • • • .• , , . . • • • • • • • . • • •
Pension Fund • • • • • • • • • • • • • • • • • • • • • • •
FINANCIAL INFORMATION
28
31
General Fund Revenues and Expenditures 32
Municipal Sales Tax History . . • . • • . • • • . • • 33
Financial Policies . . • • • . • • . . . • • . . • . . • . 33
THE WATERWORKS SYSTEM ............. 3S
THE SEWER SYSTEM . . . . . . . . . . . . . . . . . . . 39
THE SOLID WASTE DISPOSAL SYSTEM . . . . . . 42
BILLINGS -WATERWORKS, SEWER AND
SANITATION . . . . . . . . . . . . . . . . . . . . . . 44
OTHER INFORMATION
Ratings • • • . • • • • . • . . . • . • • • • • • • • • . . 4S
Tax Exemption • • • • • • • • • • . . . . . . • • . • • • 4S
Tax. Accounting Treatment of Discount/Premium Bonds
and Certificates . • • . • . • • • • • . • • • • . . 45
Litigation • • . • • . • • • • • • . • . . . • • • . . • . . 46
Registration and Qualification of Bonds and Certificates
for Sale • . • • • • • • • • • • • • • • . • • . • • 46
Legal Investments and Eligibility to Secure Public
Funds in Texas • • • • • . • • • • • . • • . • . • 47
Legal Opinions and No-Litigation Certificate. • • • 47
Authenticity of Financial Data and Other ·
Information . . • • • • • • • . . • • . • • • . . • 4 7
Financial Advisor • • • . . • • • • • . . • • • • • . • . 4 7
Certification of the Official Statement . • • . • • . . 48
APPENDICES
General Information Regarding the City • • • • . . • A ·
Form of Bond Counsel's Opinion -the Bonds B
Form of Bond Counsers Opinion -the Certificates C
EXCERPTS FROM THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT . . . . . . . . . . . . Enclosure
The cover page hereof, this page, the appendices included
herein, the Financial Statements, and any addenda,
supplement or amendmen thereto, are part of the Official
Statement.
CITY ADMINISTRATION
Elected Officials
Length Tenn
City Council of Service Emires Occupation
David R. Langston
Mayor
Randy Neugebauer
Mayor Pro Tem
and Councilmember
Victor Hernandez
Councilmember
1 Year
1 Year
Elected
8-14-93
May, 1994 Attorney-at-Law
May, 1994 Investments
May, 1994 Attorney-at-Law
T .J. Patterson
Councilmember
9 Years May, 1996 Co-Publisher, SoudtWest Digest
MJ. nBudn Aderton *
Councilmember
3 Years May, 1994 Retired
Max Ince
Councilmember
1 Year May, 1996 President, Ince Insurance Company
Alex nTy• Cooke
Councilmember
1 Year May, 1996 Investments
* Mr. Aderton previously served as a Councilmember for 6 years 1978-1984.
Appointed Officials
Name
Bob Cass
John C. Ross, Jr.
Betty M. Johnson
J. Robert Massengale
James E. Bertram
David Ellison
Carroll McDonald
Bern Case
Rod Ellis
Van McVay
Leona Maxwell
Jeff Rippel
Lee Osborn
Larry Hoffman
Dan A. Hawkins
Don Bridgers ·
Don Stevens
Betsy Wood, CPA
City Manager
City Attorney
City Secretary
· Position
Assistant City Manager for Financial Services
Assistant City Manager for Development Services
Assistant City Manager for Management Services
Assistant City Manager for Utilities
Director of Aviation
Director of Business Relations/Economic Development
Director of Civic Center
Director of Customer Services/Public Relations
Director of Library
Director of Parks and Recreation
Director of Transportation
Director of Water Utilities
Chief of Police
Fire Chief
Chief Accountant
6
Length of
Time in
This Position
Appointed
8-12-93
15 Years
Appointed
2-25-93
11 Years
11 Years
2 Years
4 Years
4 Years
3 Years•
12 Years
3 Years
5 Years
7 Years
5 Years.
4 Years
3 Years
7 Years
Appointed
2-1-93
r
r
Length of
Employment
Widt City
of Lubbock
17 Years
15 Years
3 Years
13 Years
23 Years
2 Years
14 Years
4 Years
9 Years
14 Years
34 Years
11 Years
7 Years
5 Years
. 4 Years
25 Years
7 Years
8 Years
Consultants and Advisors
Consulting Engineers for Lake Alan Henry . . . . Freese and Nichols, Inc. .-....... -.... -...................... ,.·.
Consulting Engineers for Wastewater Treatment and Disposal Project
FortWorth, Texas
, , , ·•··········•· ................... . Black & Veatch
Dallas, Texas
, Parkhill, Smith &. Cooper, Inc.
Lubbock, Texas
Consulting Engineers for Water Treatment .•...• , • • . • • • . . • • . . • • • • • . • • . • . . • • • • . • • . HOR Engineers
Dallas, Texas
Consulting Engineers for Clapp & Rogers Pool
Parkhill, Smith & Cooper, Inc.
Lubbock, Texas
Fanning &. Fanning
Lubbock, Texas
Consulting Engineers for Airport HV AC , . • • . • • • • . . • . • • . • • • • . • • • • • • • . • • • • • . • • • • Fanning &. Fanning
Lubbock, Texas
Auditors
Fiscal Year Ending 9-30-92
Fiscal Year Ending 9-30-93
Coopers & Lybrand
Lubbock, Texas
Robinson, Burdette&. Martin, L.L.P.
Lubbock, Texas
Bond Counsel ., ••••••. ", ••.. _, .•••.•.••••.•••• ,. ·• • • • • • • • • • • • • . • • • . • Fulbright & Jaworski L.L.P.
Financial Advisor
For additional information regarding the City, please contact:
Mr. J. Robert Massengale
Assistant City Manager for Financial Services
City of Lubbock
P. 0. Box 2000
, Lubbock, Texas 79457
(806) 767-2015
or
7
Dallas, Texas
First Southwest Company
Dallas and Abilene, Texas
Mr. Joe W. Smith
F'mt Southwest Company
P. O. Box 2754
Abilene, Texas 79604-2754
(915) 672-8432
SELECTED DATA FROM THE OFFICIAL STATEMENT
The selected· data on this page is subject in all respects to the more complete· information and definitions. contained or
incorporated in this Official Statement. The offering of the Bonds and the Certificates to potential investors is made only by
means of this entire Official Statement. No person is authorized to detach this data page from this Official Statement or to
otherwise use it without the entire Official Statement.
This data page was prepared to present the purchasers of the Bonds and the Certificates information concerning the Bonds and
the Certificates, revenues pledged to the Bonds and the Certificates, a description of the revenue base and other pertinent data,
all as more fully described herein.
The Issuer·
The Bonds
Security for the Bonds . . • . . . . . . . . . • .
Security for the Certificates . . . . . . . . . .
Optional Redemption . . . . . . . . . • . . . .
The City of Lubbock, Texas is a political subdivision located in Lubbock
County operating as a home-111le city under the laws of the State of Texas
and a charter approved by the voters on December 27, 1917, and amended
from time to time. The Charter provides for the Council-Manager form of
government for the City. The Mayor is elected at-large for a two year term
ending in an even year. Each of the six members of the City Council resides
in a separate single-member district and is elected by the quilified voters of
this district for a four year term. The tenns of three members of the City
Council expire each even year. The Council formulates operating policy for
the City while the City. Manager is the chief administmtive officer.
Lubbock is the County Seat of Lubbock County, Texas, and is located on the
South Plains of West Texas approximately 320 miles west of Dallas. The
City's 1993 estimated population is 187,981. The City is approximately 104
square miles in area. Texas Tech University, a major State institution of
higher education, islocated in Lubbock: ·
The Bonds are being issued in the principal amount of $19,215,000 pursuant
to the general laws of the State ofTexas, particularly Article 1175, VATCS,
and an Ordinance passed by the City Council of the City (see "Bond and
Certificate Information -Authority for Issuance").
The Certificates are being issued in the principal amount of $1,470,000
pursuant to the general laws of the State of Texas, particularly Subchapter
C of Chapter ;211, .Texas Local Government Code (the .Certificate of
Obligation Act of 1971), as amended, and an Ordinance passed by the City
Council of the City (see "Bond and Certificate Information -Authority for
Issuance").
The Bonds constitute direct and voted obligations of the City payable from
a continuing ad valorem tax levied on all taxable property within the City in
an amount sufficient to provide for payment of principal and interest on all
ad valorem tax debt, within the limits prescribed by taw (see "Bond and
Certificate Information -Security for Bonds").
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 of the law, on all taxable property within the
City, and (ii) a limited pledge of net revenues of the City's Waterworks
System (see "Bond and Certificate Information -Security for Certificates").
The City reserves the right, at its option, to redeem Bonds and Certificates
having stated maturities on and after Feb111ary 15, 2004, in whole or in part,
on February 15, 2003, or any date thereafter, at the par value thereof plus
accraed interest to the date fixed for redemption (see "Bond and Certificate
Information -Redemption of Bonds and Certificates").
8
,...
Tax Exemption In .the opllllon of. Bond Counsel, .the interest on the Bonds and the
Certificates will be excludab]e from gross income for purposes of federal
income tax purposes under existing law, subject to .. the matters described
under "Other Information -.Tax Exemption" herein, including the alternative
minimum tax on corporations.
Use of Bond l'-oceeds . ., • . . • , . • • • • . , Proceeds from the sale of the Bonds will be used for street improvements,
library facilities improvements, park improvements, coliseum improvements,
animal control facilities improvements, Waterworks System improvements,
Sewer System improvements and to pay costs of issuance.
Use of Certificate Proceeds • . . . . . . , . . Proceeds .from the sale of the Certificates will be used to pay contractual
obligations to be incurred for Civic Center and street improveme11ts to
provide improved access and utilization for persons with disabilities and for
professional services.
Payment Record . . . . . . . . . . . . . . . . . The City has never defaulted.
Selected Issuer Indices
Ratio
General
Per Capita Purpose
General General Funded
Fiscal Per Capita Purpose Purpose Debt To
Year · Estimated .Taxable Taxable Funded Funded Taxable % of
Ending City Assessed Assessed Tax Tax Assessed Total Tax
9-30 Pm?!!lation <1> Valuation Valuation Debt (Zl Debt Valuation Collections
1988 190,017 $4,476,572,268 $23,558 $39,670,291 $209 0.89'X> 98.96%
1989 191,403 4,567,387, 737 23,863 43,066,998 225 0.94% 98.98%
1990 186,206 4,645,914,710 24,950 39,179,057 210 0.84% 99.10%
1991 187,137 4,718,788,593 25,216 43,144,916 231 0.91% 99.42%
1992 187,493 4,741,607,780 25,290 43,593,202 233 0.92'AI 99.38%
1993 187,981 4,667,750,168 24,831 39,585,305 211 0.85% 99,15%(3)
1994 187,981 4,909,018,936 26,114 59,073,215 (4) 314 (4) 1.20%(4) Collection
begins
10-1-93
(1) Source: Estimates by City of Lubbock, Texas, except 1990 is the U.S. Census.
(2) Excludes self-supporting general obligation debt (see "Valuation, Exemptions and Debt Obligations"; "Valuation and Funded
Debt History" and "Computation of Self-Supporting Debt").
(3) Part year only, through 7-31-93.
(4) Anticipated.
9
BOND AND CERTIFICATE INFORMATION
Set forth herein and below is certain infonnation regarding the Bonds and the Certificates. Each of the series of obligations is
a separate series. The obligations are authorized and secured by independent, separate and distinct ordinances. Although certain
similarities exist among the series of obligations, certain differences also exist. Prospective purchasers of any of the obligations
described herein should carefully examine the material and infonnation as set forth herein to determine the applicability of such
material and information to each particular series of obligations. The obligations of the two separate series of obligations
described herein'are not interchangeable.
Authority for Issuance
The Bonds were authorized at elections held at various times and passed by a majority of the participating voters. The City is
authorized to incur debt by voter authorization by Article 1175 of the general laws of the State of Texas and by Ordinance passed
as authorized in the City Charter.
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.
Security for the Bonds and the Certificates
The Bonds
All taxable property within the City is subject to a continuing direct annual ad valorem tax levied, within the limits prescribed
by law, by the City sufficient in amount to provide for the payment of principal and interest on the Bonds. The City-operates
under a Home Rule Charter as authorized by Article XI, Section 5 of the Constitution of the State of Texas. The Constitution
permits the City to levy an ad valorem tax in an amount not to exceed $2.50 per $100 of assessed valuation on all taxable
property within· the City for all City purposes and the City. Charter adopts these provisions.
The Certificates
All taxable property within the City is subject to a continuing direct annual ad valorem tax levied, within the limits prescribed
by law, by the City sufficient to provide for the payment of principal of and interest on the Certificates. The City operates under
a Home Rule Charter as authorized by' Article XI, Section 5 of the Constitution of the State of Texas. The Constitution permits
the City to levy an ad valorem tax in an amount not to exceed $2.50 per $100 of assessed valuation on all taxable property
within the City for all City purposes and the City Charter adopts these Constitutional provisions.
Additionally, the Certificates are payable from and secured by a limited pledge of net revenues (not to exceed $2,500 during
the entire period the Certificates or interest thereon remain unpaid) of the City's Waterworks System as provided in the
Ordinance authorizing the Certificates.
Redemption of Bonds and Certificates
The City reserves the right, at its option, to redeem Bonds and Certificates having stated maturities on and after February 15,
2004, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2003, or any date
thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. If less than all of the Bonds or the
Certificates are to be redeemed and if less than all of a maturity is to be redeemed, the Paying Agent/Registrar shall determine
by lot the Bonds or Certificates, or portions thereof, within such maturity to be redeemed. If a Bond or Certificate (or any
portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given,
such Bond or Certificate (or the principal amount thereof to be redeemed) shall become due and payable on such redemption
date and interest thereon shall cease to accrue from and after the redemption date provided funds for the payment of the
redemption price and accrued interest thereon are held by the Paying Agent/Registrar on the redemption date.
Not less than 30 days prior to a redemption date for the Bonds or the Certificates, the City shall cause a notice of redemption
to be sent by United States mail, first class, postage prepaid, to each registered owner of a Bond or a Certificate 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 of redemption so mailed
shall be conclusively presumed to have been duly given irrespective of whether received by the bondholder or certificateholder.
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Book-Entry-Only System
The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds and the
Certificates. The Bonds and the Certificates 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 the Certificates
in the aggregate principal amount of 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 OTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Bonds and Certificates under the DTC system must be made by or through Direct Participants, which will receive
a credit for the Bonds and the Certificates on DTC's records. The ownership interest of each actual purchaser of each Bond
and Certificate ("Beneficial Owner") is in tum to be recorded on the Direct and Indirect Participants' records. Beneficial
Owners will not receive written confirmation from OTC of their purchase, but Beneficial Owners are expected to receive written
confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect
Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Bonds and
the Certificates are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners.
Beneficial Owners will not receive certificates representing their ownership interests in the Bonds and the Certificates, except
in the event that use of the book-entry system is discontinued.
To facilitate subsequent transfers, all Bonds and Certificates deposited by Direct Participants with DTC are registered in the
name of DTC's partnership nominee, Cede & Co. The deposit of Bonds and Certificates with OTC 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 Bonds and the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds
and Certificates are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for
keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants,
and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject
to any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices .shall be sent to Cede & Co. If less than all of the. Bonds and the Certificates within an issue are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be
redeemed.
Neither OTC nor Cede & Co. will consent or vote with respect to the Bonds and the Certificates. Under its usual procedures,
OTC mails an Omnibus Proxy ti:> the City !l8 soon as posS1ble after the record date. The Ommbus Proxy assigns Cede & Co. 's
consenting or voting rights· to those Direct. Participants to whose accounts the Bonds and the Certificates are credited on the
record date (identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Bonds and the Certificates will be made to OTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless OTC has
reason to believe that it will not receive payment on 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 responsibility of such Participant and not of OTC, 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 OTC is the responsibility of the City, disbursement of such payments to Direct Participants shall be
the responsibility of OTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and
Indirect Participants.
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OTC may discontinue providing its services as securities depo~tory with respect to the Bonds and the Certificates at. any time
by giving reasonable notice to the City. Under such circumsffinces, in the event that a successor securities depository is not
obtained, Bonds and Certificates are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through OTC (or a successor securities depository).
In that event, Bonds and Certificates will be printed and delivered.
Use of Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it should be understood
that while the Bonds and Certificates 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 Bonds and the
Certificates, but (i) all nghts of ownership must be exercised through OTC and the Book-Entry-Only System, and (ii) except
as described above, notices that are to be given to registered owners under the Ordinances will be given only to OTC.
Information concerning OTC and the Book-Entry-Only System has been obtained from OTC and is not guaranteed as to accuracy
or completenes~ by, and is not to be construed as a representation by the City or the Purchasers. ·
Paying Agent/Registrar·
The initial Paying Agent/Registrar is NationsBank of Texas, N .A., Dallas, Texas. In the 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 while
the Bonds and the Certificates are outstanding and any successor Paying Agent/Registrar shall be a commercial bank or trust
company organized under lhe 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 Bonds and the Certificates. Upon any change in the Paying
Agent/Registrar for the Bonds and the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each
registered owner of the Bonds and the Certificates by United States mail, first class, postage prepaid, which notice shall also
give the address of the new Paying Agent/Registrar.
Transfer, Exchange and Registration
In the event the Book-Entry-Only System should be discontinued, the Bonds and the Certificates may be transferred and
exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender thereof 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. A Bond or
Certificate may be assigned by the execution of an assignment form on the Bond or the Certificate or by other instrument of
transfer and assignment acceptable to the Paying Agent/Registrar. A new Bond or Certificate· or Bonds or Certificates will be
delivered by the Paying Agent/Registrar, in lieu of the Bond or Certificate being transferred or exchanged, at the principal 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 Bonds or Certificates issued in an exchange or transfer of Bonds or Certificates will be
delivered to the registered owner or assignee of the registered owner in not more 1han three business days after the receipt of
the Bonds or Certificates to be cancelled, 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 Bonds or Certificates'
registered and delivered in an exchange or transfer shall be in any integral multiple of $5,000 for any one maturity and for a.
like aggregate principal amount as the Bond or Certificate or Bonds or Certificates surrendered for exchange or transfer.'
Limitation on Transfer of Bonds and Certificates Called for Redemption
Neither the City nor the Paying Agent/Registrar shall be required to transfer or ixchange to an assignee of the owner of the
Bonds and the Certificates any Bond or Certificate called for redemption, in whole or in part, within 45 days of the date fixed
for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner
of the uncalled balance of a Bond or Certificate.
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Record Date for Interest Payment
The record date ("Record Date•) for the interest payable 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/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 ("Special Payment Date•, which shall be lS days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder
of a Bond or a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last
business day next preceding the date of mailing of such notice,
Use of Bond Proceeds
Proceeds from the sale of the Bonds will be used for street improvements, library facilities improvements, park improvements,
coliseum improvements, animal control facilities improvements, Waterworks System improvements, Sewer System improvements
and to pay costs of issuance.
Sources and Uses of Funds -The Bonds
Sources:
Proceeds from sale of Bonds
Uses:
Bstimated cost of street improvements
Estimated cost of library facilities improvements
Bstimated cost of park improvements
Estimated cost of coliseum improvements
Bstimated cost of animal control facilities improvements
Estimated cost of Waterworks System improvements
Bstimated cost of Sewer System improvements
Total Uses
* Includes costs of issuance.
Use of CertifJCate Proceeds
$19,215,000
$9,204,000
100,000
2,350,000
3,SSS,000
500,000
1,641,000
1,835,000
$19.215.000*
Proceeds from the sale of the Certificates will be used to pay contractual obligations to be incurred for Civic Center and street
improvements to provide improved access and utilization for persons with disabilities and for professional services.
Sources and Uses of Funds -The Certifacates
Sources:
Proceeds from sale of Certificates
Uses:
Estimated cost of improvements ·
Estimated costs of issuance
Total Uses
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$1,470,000
$1,4SS,OOO
15.000
$1.470.000
TAX INFORMATION
Ad Valorem Tax Law
The appraisal of property within the City is the responsibility of the Lubbock Central Appraisal District. Excluding agricultural
and open-space Jand, 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 100% of its market value and is
prohibited from applying any assessment ratios. 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 VTCA, 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 VII]") and State law provide for c~ 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 State law, the governing body of a political subdivision, at its option, may grant: (1) an
exemption of not less than $3,l)O0 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; minimum exemption $5,000. The City grants an exemption to the market value of the residence
homestead of persons 6.5 years of age or older of $16,700; the disabled are also granted an exemption of $10,000.
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 armed forces; the exemption applies to either real or
personal property with the amount of assessed valuation exempted ranging from $1,.500 to a maximum of $3,000.
Article VIII provides that eligible owners of both agricultural Jand (Section 1-d) and open-space land (Section 1-d-1 ), including
open-space land devoted to farm or ranch purposes or open-space land devoted to timber production, may elect to have such
property appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both
Section 1-d and l -d-1.
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 exempted from ad valorem
taxation. The City does not tax nonbusiness personal property and the Lubbock Central Appraisal District collects taxes for the
City of Lubbock.
Article VIII, Section 1-j of the Texas Constitution provides for "freeport property" to be exempted from ad valorem taxation.
Freeport property is defined as goods detained in Texas for 17.5 days or · le~s for the purpose of assembly, storage,
manufacturing, processing or fabrication. The exemption became effective for the 1990-91 fiscal year and thereafter unless
action to tax such property was taken prior to April 1, 1990. Decisions to continue the tax may be reversed in the future;
decisions to exempt freeport property are not subject to reversal. The City ha~ taken action to tax freeport property.
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 cr~tion of the zone. The City
also may enter into tax abatement agreements to encourage economic development. Under the agreements, a property owner
agrees to consb'uct 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 10 years. The City has adopted a tax abatement policy and has an outstanding agreement as described under "Valuation,
Exemptions and Debt Obligations", following.
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Valuation, Exemptions and Debt Obligations
1993 Market Valuation Established by Lubbock Central Appraisal
District
Less Exemptions/Reductions at 100% Market Value:
Residence Homestead (Over· 65 or Disabled)
Disabled Veterans Exemptions
Agricultural/Open-Space Land Use Reductions
Value lost because property is exempted from taxation under the
Property Redevelopment and Tax Abatement Act c1>
1993 Taxable Assessed Valuation
City Funded Debt Payable From Ad Valorem Taxes: (2)
General Obligation Debt (as of 8-31-93)
The Bonds
The Certificates
The Airport Bonds <ll
The Airport Certificates (3l
Less Self-Supporting Debt: <">
Waterworks System General Obligation Debt
Sewer System General Obligation Debt
Solid Waste Disposal System General Obligation Debt
General Purpose Funded Debt Payable From Ad Valorem Taxes
Interest and Sinking Fund (as of 8-31-93)
$176,465,331
3,499,279
31,653,081
4,944,085
$137,358,752
19,215,000
1,470,000
2,550,000
3,625,000
$ 33,217,406
63,915,138
4,116,903
$5,125,580,712
216,561,776
$4,909,018,936
$ 164,218,752
101.249,447
$ 62,969,305
$ 630,381
Ratio Total Funded Debt to Taxable Assessed Valuation .••.••.••.••••..•..•••.•••..••..•.
Ratio General Purpose Funded Debt to Taxable Assessed Valuation • • . • • . • • • • • • • • . • . . • • . • • • • . •
3.35%
1.28%
1993 Estimated Population -187,981 <5>
Per Capita 1993 Taxable Assessed Valuation -$26,114.44
Per Capita General Purpose Funded Debt -$334.98
(1) Article 1066f, VTCA, permits granting of tax abatements for qualifying businesses; the City has entered into one such
agreement with McLane Foodservice-Lubbock, a division of McLane, Inc., Temple, Texas, an institutional food service
distributor. The abatement, which began in the 1988 tax year, covers McLane's improved real property in the City of
Lubbock. The contract provides for the agreement to expire when McLane Foodservice receives $770,000 in total tax
abatement relief from all of the participants (collectively) or ten years, whichever comes first from date of execution,
June 23, 1986; other participants in the abatement include Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District and the High Plains Underground Water Conservation District No. 1. Market value of the
property is $5,925,397 and the taxable value of the property after abatement is $981,312 resulting in an abated value of
$4,944,085.
(2) The statement of indebtedness does not include outstanding $35,304,965 Electric Light and Power System Revenue Bonds
as these bonds are payable solely from the net revenues of the System. The statement also does not include outstanding
$540,000 Airport Revenue Bonds, as these bonds are payable solely from gross revenues derived from the City of Lubbock
Airport. The Waterworks System, the Sewer System and the Solid Waste Disposal System are unencumbered with Revenue
Bond debt.
(3) $2,550,000 Airport General Obligation Bonds, Series 1993, and $3,625,000 Tax and Airport Sutplus Revenue Certificates
of Obligation, Series 1993, also being offered for sale on October 14, 1993.
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(4) 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 (see "Debt
Information", "Interest and Sinking Fund Budget Projection•, "Computation of Self-Supporting Debt", "The Waterworks
System", "The Sewer System" and "The Solid Waste Disposal System".
"Waterworks System General Obligation Debt" includes $1,641,000 principal amount of the Bonds; $17,066,406principal
amount of outstanding general obligation bonds; and $14,510,000 principal amount of outstanding Combination Tax and
Waterworks System Subordinate Lien Revenue Certificates of Obligation. The City has no outstanding Waterworks System
Revenue Bonds.
"Sewer System General Obligation Debt" includes $1,835,000principal amount of the Bonds; $7,060,138principal amount
of outstanding general obligation bonds; and $55,020,000 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" includes $3,201,903 principal amount of outstanding general
obligation debt (bonds and certificates of obligation) and $915,000 principal amount of outstanding Combination Tax and
Solid Waste Disposal System Revenue Certificates of Obligation. The City has no outstanding Solid Waste Disposal System
Revenue Bonds .
. Uis the City's intention to provide for debt service on the Airport Bonds and the Airport Certificates from an annual levy
of ad valorem taxes included in the Interest and Sinking Fund Tax Rate; Airport general obligation debt is not included in
Self-Supporting Debt.
(5) Source: City of Lubbock, Texas.
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l } l ) ) l Taxable Assessed Valuations by Category Taxable Appraised Value For Fiscal Year Ended September 30. 1994 1993 1992 CategQ!'l'. Real, Residential, Single-Family Real, Residential, Multi-Family Real, Vacant Lots/Tracts Real, Acreage (Land Only) Real, Farm and Ranch Improvements Real, Commercial and Industrial Real, Oil, Gas and Other Mineral Reserves Real and Tangible Personal, Utilities Tangible Personal, Commercial and Industrial Tangible Personal, Other Real Property, Inventory U) Total Appraised Value Before Exemptions Less: Total Exemptions/Reductions Taxable Assessed Value Category Real, Residential, Single-Family Real, Residential, Multi-Family Real, Vacant Lotsfrracts Real, Acreage (Land Only) Amount $ 2,667,702,100 318,160,996 100,231,286 45,288,322 11,784,081 1,018,936,126 22,188,268 152,961,630 763,606,589 8,120,819 16,600,495 $5,125,580,712 216,56t,n6 $4,9091018,936 Real, Fann and Ranch Improvements Real, Commercial and Industrial Real, Oil, Gas and Other Mineral Reserves Real and Tangible Personal, Utilities Tangible Personal, Commercial and Industrial Tangible Personal, Other Real Property, Inventory <1> Total Appraised Value Before Exemptions Less: Total Exemptions/Reductions Taxable Assessed Value % of % of Total Amount Total 52.05% $2,479,218,812 50.80% 6.21% 304,357,639 6.24% 1.96% 107,622,442 2.20% 0.88% 47,932,220 0.98% 0.23% 13,987,009 0.29% 19.88% 1,012,208,927 20.74% 0.43% 24,858,113 0.51 % 2.98% 149,994, 794 3.07% 14.90% 717,385,702 14.70% 0.16% 7,690,791 0.16% 0.32% 15,190,587 _Q.ll% 100.00% $4,880,447,036 100.00% 212,696,868 $4166717501168 Taxable Appraised Value For Fiscal Year Ended September 30, 1991 1990 Amount $2,413,925,206 313,170,381 117,839,348 52,453,590 13,508,943 1,016,11s,n1 22,182,456 153,608,032 745,511,197 6,360,698 15,746,173 $4,931,021,795 2l 212,233,202( $4.7!8,788,593 % of Total 48.95% 6.35% 2.39% 1.06% 0.27% 21.84% 0.45% 3.12% 15.12% 0.13% 0.32% 100.00% Amount $2,383,736,852 319,554,804 114,489,842 · 49,704,917 21,391,576 1,063,031,842 17,009,395 153,052,116 696,846,104 9,805,356 19,736,9n $4,848,359,781 202.445,071 $4,645,914,710 Amount $2,449,828,200 304,256,344 111,914,454 48,816,013 13,063,630 1,073,602,333 25,638,500 147,789,832 755,234,901 7,363,639 12,759.249 $4,950,267,095 208,659,315 ~41741,6071780 % of Total 49.17% 6.59% 2.36% 1.02% 0.44% 21.93% 0.35% 3.16% 14.37% 0.20% 0.41% 100.00% % of Total 49.49% 6:15% 2.26% 0.98% 0.26% 21.69% 0.52% 2.98% 15.26% 0.15% 0.26% 100.00% (1) Residential inventory properties in the hands of developers or builders; each group of properties in this category is appraised on the basis of its value as a whole as a sale to another developer or builder. This category initiated in 1988. (2) Includes an audited adjustment of $6,919,621 in taxable values. Note: Basis of assessment for all years is 100 % of appraised (market) value. Taxable properties are revalued each year. )
Valuation and Funded Debt History
Ratio
General General
Purpose Purpose
Funded Funded General
Fiscal Taxable Tax Debt Debt to Purpose
Year Taxable Assessed Outstanding · Taxable Funded
Ended Estimated Assessed Valuation at End .Assessed Debt
9-30 PQI?ulation °> Valuation (~ Per C!J?ita of Year.<3'! Valuation Per CaJ?ita
1983 181,500 $3,145,952,586 $17,333 $46,653,756 1.48% $257
1984 182,103 3,233, 722,496 17,758 47,257,744 1.46% 260
1985 187,629 3,764,763,644 20,065 43,320,601 ·1.15% 231
1986 188,283 4,012,901,338 21,313 39,848,682 0.99% 212
1987 188,694 4,408,325,399 23,362 37,540,011 0.85%, 199
'1988 190,017 4,476,572,268 23,558 39,670,291 0.89% 209
1989 191,403 4,567,387,737 23,863 43,066,998 0.94% 225
1990 186,206 4,645,914,710 24,950 39,179,106 0.84% 210
1991 · 187,137 4,718,788,593 25,216 43,144,916 0.91% 231
1992 187,493 4,741,607,780 25,290 43,593,202 0.92% 233
1993 187,981 4,667,750,168 24,831 39,585,305 0.85% 211
1994 187,981 4,909,018,936 26,114 59,073,215 (•) 1.20%(4), 314(4)
(1) Source: City of Lubbock, Texas, except 1990 is U.S. Census.
(2) Basis of assessment for all years 100% of market value. All taxable property is revalued each year.
(3) Funded Tax Debt less Self-Supporting Funded Tax Debt. Derivation of General Purpose Funded Tax Debt is:
General
Purpose
Funded. Funded
Fiscal Tax Debt Less: . Tax Debt
Year Outstanding Self-Supporting Outstanding
Ending at End Funded Tax at End
9-30 of Year Debt of Year
1983 $ 81,500,000 $ 34,846,244 $46,653,756
1984 89,180,000 41,932,256 47,247,744
1985 82,535,000 39,214,399 43,320,601
1986 79,889,070 40,040,388 39,848,682
1987 78,279,070 40,739,059 37,540,011
1988 82,958,752 43,288,461 39,670,291
1989 86,898,752 43,831,754 43,066,998
1990 79,088,752 39,909,646 39,179,106
1991 95,783~752 52,638,836 43,144,916
1992 131,813,752 88,220,550 43,593,202
1993 137,358,752 97,773,447 39,585,305
1994(4) 155,203,752 96,130,537 59,073,215
Note: For all years Self-Supporting Debt includes Wateiworks System and Sewer System General Obligation Debt. 1991-1994
includes Solid Waste Disposal System General Obligation Debt. See "Valuation, Exemptions and Debt Obligations".
(4) Anticipated.
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Tax Rate, Levy. and Collection ffjstory
Fiscal
Year Distribution
Ended Tax General Economic Interest and % Current % Total
~ Rate Fund. Devel2r?ment · Sinking Fund T!!XLevv Collections Collections
1983 $0.61 $0.2791 $0.0500 ·$0.2809 $19,190,311 92.94% 97.30%
1984 0.61 0.2230 0.0500 0.3370 19,725,707 95.32% 97.94%
1985 0.61 0.2105 0.0500 0.3495 22,966,969 93.76% 95.92%
1986 0.60 0.2553 0.0500 0.2947 24,077,408 94.16% 96.60'Jb
1987 0.60 0.2762 0.0500 0.2738 26,448,985 95.15'Jb 98.85%
1988 0.61 0.2767 0.0500 0.2833 27,303,606 95.94'Jb 98.96%
1989 0.64 0.3171 0.0500 0.2729 29,231,282 96.01 % 98.98%
1990 0.64 0.3314 0.0500 0.2586 29,733,854 96.15% 99.10%
1991 0.64 0.3468 0.0300 0.2632 30,200,247 96.58% 99.42%
1992 0.64 0.3754 0.0300 0.2346 30,313,029 97.38% 99.38%
1993 0.64 0.4045 0.0355 0.2000 29,879,149 97.18% (l) 99.15%<1)
1994 0.64 0.4170 0.0231 0.1999 31,417,721 Collection begins 10-1-93
(1) Collections for part year only, through 7-31-93.
Property within the City is assessed as of January 1 of each year (except for business inventory which may, at the option of the
taxpayer, be assessed as of September 1); taxes become due October 1 of the same year, and become delinquent on February 1
of the following year. Split payments are not permitted. Discounts are not allowed. Taxpayers 65 years of age or older are
permitted by State law to pay taxes on homesteads in four installments with the first due on February 1 of each year and the
final installment due on August 1.
Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Month Penal!'?'. Interest Total
February 6% 1% 7%
March 7% 2% 9%
April 8% 3% 11%
May ·9% 4% 13%
June 10% 5% 15%
July 12% 6% 18%
After July, penalty remains at 12 % , and interest increases at the rate of 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 the City and all other taxing entities. 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 in bankruptcy or by order of the
bankruptcy court.
The Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), enacted on August 9, 1989, contains
certain provisions which affect the time for protesting property valuations, the fixing of tax liens and the collection of penalties
and interest on delinquent taxes on real property owned by the FDIC and the RTC. ·
Under FIRREA, real property held by the FDIC or RTC is still subject to ad valorem taxation, but (i) no real property of the
FDIC or RTC is subject to foreclosure or sale without the consent of the FDIC or RTC and no involuntary lien shall attach to
such property, (ii) the FDIC or RTC shall not be liable for any penalties or fines, including those arising from the failure to
pay any real property tax when due and (iii) notwithstanding the failure of a person to challenge an appraisal in accordance with
State law, such value will be determined as of the period for which such tax is imposed.
19
Ten Largest Taxpayers
1993 % ofTotal
Taxable Taxable
Assessed Assessed
Name of Tax~axer Nature of Prooertv Valuation Valuation
Texas Instruments Incorporated Electronics Manufacturer S 75,680,330 1.54%
South Plains Mall Regional Shopping Mall 75,566,947 1.54%
Southwestern Bell Telephone Company Telephone Utility 72,366,454 1.47%
Southwestern Public Service Company Electric .Utility 42,800,603 0.87%
Plains Co-op Oil Mill Agricultural Procesl!ing 36,717,885 0.75%
Fleming Companies Incorporated Wholesale Groceries 23,207,287 0.47%
Methodist Hospital Hospital 22,871,166 0.47%
First National Bank Bank 18,659,437 0.38%
H. A. Sessions Commercial Property
and Other Real Estate 18,067,968 0.37%
Farmers Co-op Compress Cotton Compress 14.829.275 0.30%
$400. 767,352 8.16% =
Tu 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 sufficient to provide for the payment of principal of and interest on all ad valorem tax debt within the limits
prescribed by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum ad valorem
tax rate t.o $2.50 per $100 Assessed Valuation for all City purposes: The City operates under a Home Rule Charter which
adopts the constitutional provisions.
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. 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 Tax Code:
The City must annually calculate and publicize its •effective tax rate" and "rollback tax rate". The City Council may not adopt
a tax rate that exceeds the lower of the rollback tax rate or 103 % of the effective tax rate until it has held a public hearing on
the proposed increase following notice to the taxpayers and otherwise complied with the Tax Code. 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 following year to the rollback tax rate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values
(adjusted). •Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included
in this year's taxable values. .
"Rollback tax rate" means the rate that will produce last year's maintenance and operatic;,n ta~ levy (adjusted) from this year's
values (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 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.
The City does not collec,t the .additional one-half cent sales tax.
Reference is made to the Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the calculation
of the various defined rates.
20
,...
Assessed Valuations, Tax Rates, Outstanding Debt and :Authorized But Uwued Bonds of Overlapping Taxing
Jurisdictions
1993 Outstanding Authorized
Taxable 1993 Tax Supported But Unissued
Assessed Tax Debt As of Debt As of
Taxing Jurisdiction Valuation Rate 8-31-93 8-31-93
Lubbock Independent School District $4,480,121,100 $1.460()()(1) $62,444,989 $100,000
Lubbock County 5,852,186,919 0.17117<2) 3,700,000 500,000
Lubbock County Hospital District 5,852,169,728 0.10499'21 -0--0-
High Plains Underground Water Conservation
District No. 1 5,852,169,728 0.008()()(2) -0--0-
Frenship Independent School District 463,263,934 1.400001) 26,078,739 -0-
Idalou Independent School District 110,865,479 1.38000:1) 2,855,000 -0-
Lubbock-Cooper Independent School District 166,817,588 1.410()()(1) 5,019,555 -0-
New Deal Independent School District 78,932,382 1.44000(2) -0--0-
RoosevehlndependentSchoolDistrict 105,560,238 1.50000(1) -0--0-
Sources: "Texas Municipal Reports" published by the Municipal Advisory Council of Texas, and the Lubbock Central Appraisal
District.
(1) Estimate by the Lubbock Central Appraisal District; subject to change.
(2) Actual 1993 tax rate.
21
I .
Debt Servke Requirements Fiscal The Tax and Year The General Limited Pledge % Of Ending Outstandi!!! Debt Obligation Bonds Revenue Certificates The Ail'llOrt Bonds The Aimort Certificates Combined Principal ---2::ML Princioal Interest Princil!!!I Interest Princioal Interest Princieal Interest PrinciJ:!al Inten:st RS9l!ircments Retired 1994 $ 9,015,000 7,925,431 $ $ 921,786 $ $ 70,519 $ $ 122,329 $ $ 173,899 $ 18,228,964 1995 10,270,000 7,131,494 960,000 1,030,425 70,000 78,925 125,000 136,813 180,000 194,425 20,177,082 1996 11,030,000 6,441,491 960,000 977,625 70,000 75,075 125,000 129,938 180,000 · 184,525 20,173,654 1997 10,734,434 5,948,722 960,000 924,825 70,000 71,225 125,000 12'.¼,063 180,000 174,625 19,311,894 1998 10,465,076 5,336,891 960,000 872,025 70,000 67,375 125,000 116,188 180,000 164,725 18,357,280 34.62% 1999 10,241,493 4,730,992 960,000 819,225 70,000 63,525 125,000 109,313 180,000 154,825 17,454,373 t:I f'1'j 2000 7,724,986 6,143,736 960,000 766,425 70,000 59,675 125,000 102,438 180,000 144,925 16,277,185 = 2001 7,334,442 5,251,221 960,000 713,625 75,000 55,688 125,000 95,563 180,000 135,025 14,925,564 ~ .• , . \ 2002 6,918,639 4,168,001 960,000 660,825 75,000 51,563 125,000 88,688 180,000 125,125 13,352,841 a 2003 6,464,682 3,321,509 960,000 608,025 75,000 47,438 125,000 81,813 180,000 115,225 11,978,692 62.25% 2004 5,440,000 2,493,383 960,000 555,225 75,000 43,313 125,000 74,938 180,000 105,325 10,052,184 I' 2005 5,440,000 2,168,970 960,000 502,425 75,000 39,188 130,000 67,925 180,000 95,425 9,658,933 2006 5,445,000 1,846,964 960,000 449,625 75,000 35,063 130,000 60,775 180,000 85,525 9,267,952 ~ 2007 5,445,000 1,525,410 960,000 396,825 75,000 30,938 130,000 53,625 180,000 75,625 8,872,423 o· 2008 4,800,000 1,228,617 960,000 344,025 75,000 26,813 130,000 46,475 180,000 65,725 7,856,655 82.52% 2: 2009 4,465,000 970,170 960,000 291,225 75,000 22,688 130,000 39,325 180,000 55,825 7,189,233 2010 3,900,000 742,726 960,000 238,425 75,000 18,563 130,000 32,175 185,000 45,788 6,327,677 2011 3,905,000 532,782 960,000 185,625 75,000 14,438 130,000 25,025 185,000 35,613 6,048,483 2012 2,685,000 357,914 965,000 132,688 75,000 10,313 130,000 17;875 185,000 25,438 4,584,228 2013 2,455,000 224,288 965,000 79,613 75,000 6,188 130,000 10,725 185,000 15,263 4,146,077 97.24% 2014 2,455,000 96,513 965,000 26,538 75,000 2,063 130,000 3,575 185,000 5,088 3,943,777 2015 725.000 16,313 741,313 100.00% $137.358,752 $68,603,538 $19,215,000 $11,497,050 $1,470,000 $890,576 $2,550,000 $1,538,584 $3,625.000 $2,177.964 $248,926,464 Interest on lhe Bonds and the Certificates has been calculated at 5.50% for purposes of illustration. ) ) ) )
Division of Debt Servlce Requirements
Fiscal Less: Less: Less:
Year Waterworks System . Sewer System Solid Waste Disposal General Purpose
Ending Combined General Obligation General Obligation General Obligation General Obligation
9-30 R~irements R!:51uirements R~irements R~irements Reauirements
1994 $ 18,228,964 $5,190,521 $4,892,536 $790,703 $ 7,355,204
1995 20,177,082 4,850,052 6,393,193 755,834 8,178,003 ,,._ 1996 20,173,654 4,472,597 6,794,783 714,141 8,192,133
1997 19,311,894 4,228,569 6,609,737 677,842 7,795,746
1998 18,357,280 4,012,478 6,420,275 484,895 7,439,632
1999 17,454,373 3,753,984 6,218,507 463,908 7,017,974
2000 16,277,185 3,520,789 6,160,952 · 445,703 6,149,741
2001 14,925,564 3,207,543 5,577,199 418,312 5,722,510 .
2002 13,352,841 2,724,112 5,268,811 287,662 5,072,256
2003 11,978,692 2,377,571 5,006,274 3,440 4,591,407
2004 10,052,184 1,768,970 4,702,591 3,580,623
2005 9,658,933 1,686,637 4,532,592 3,439,704
2006 9,267,952 1,606,950 4,361,925 3,299,077
2007 8,872,423 1,528,268 4,190,720 3,153,435
2008 7,856,655 1,230,002 3,675,829 2,950,824
2009 7,189,233 1,136,379 3,513,682 2,539,172
2010 6,327,677 982,208 3,265,414 2,080,055
2011 6,048,483 931,124 3,187,089 1,930,270
2012 4,584,228 93,743 2,886,480 1,604,005
2013 4,146,077 89,210 2,779,048 1,277,819
2014 3,943,777 84,677 2,646,205 1,212,895
2015 741,313 741.313
$248,926.464 ~914761384 $991825,lSS $5,042,440 $94,5821485
23
Estimated Direct and Overlapping Funded Debt Payable From Ad Valorem Taxes (As of 8-31-93)
Expenditures of the various t.axing bodies within the territory of the City are paid out of ad valorem t.axes levied by these t.axing
bodies on properties within the City. These political taxing bodies are independent of the City and may incur borrowings to
finance their expenditures. The following st.atement of direct and estimated overlapping ad valorem tax bonds was developed
from information cont.ained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas with. respect
to "Tot.al Funded Debt" and from information furnished by the Lubbock Central Appraisal District with respect to "Estimated
% Applicable". Except for the amounts relating to the City, the City has not independently verified the accuracy or
completeness of such information, and no person should rely upon such information as being accurate or complete.
Furthermore, cert.am of the entities listed below may have issued additional bonds since the date st.ated above, 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 funded debt of these various t.axing bodies.
Taxing JuriSdiction
City of Lubbock
Lubbock Independent School District
Lubbock County
Lubbock County Hospital District
Lubbock-Cooper Independent School District
Frenship Independent School District
Roosevelt Independent School District
New Deal Independent School District
Idalou Independent School District
Tot.al
Funded Debt
$62,969,305(1)
62,444,989
3,700,000
-0-
5,079,555
26,078,739
-0-
-0-
2,855,000
Estimated
%
Applicable
100.00%
99.02%
84.04%
84.04%
14.89%
64.81 %
5.06%
0.03%
1.58%
Tot.al Direct and Overlapping Funded Debt •..........•..•.•......•.......••.
Ratio Qf Direct and Overlapping Funded Debt to 1993 Taxable Assessed Valuation .......••
Per Capita Overlapping Funded Debt . . . . . • . . • . . . . . . . . . . . • • . . . • . . • • . . . . . . .
(1) General Purpose Funded Debt Payable From Ad Valorem Taxes.
24
Overlapping
Funded Debt
$ 62,969,305
61,833,028
3,109,480
-0-
756,346
16,901,631
-0-
-0-
45.109
$145,614,899
2.97%
$ 774.63
,..
(""
,.
Interest and Sinking Fund Budget Projection
General Obligation Debt Service Requirements (Outstanding Debt)
Estimated Interest due 8-15-94 on the Bonds, the Certificates,
the Airport Bonds and the Airport Certificates
Fiscal Agent, Tax Collection and Other Uses
Total Requirements
Sources of Funds
Interest and Sinking Funds (at beginning of Fiscal Year)
Budgeted Ad Valorem Tax Receipts
Budgeted Transfers
From Economic Development Fund
From Water Fund <1>
From Sewer Fund (I)
From Solid Waste Fund m
From Hotel-Motel Tax
Budgeted Interest Earned
Estimated appropriation from available funds (including accrued
interest received) for interest due 8-15-94 on the Bonds, the
Certificates, the Airport Bonds and the Airport Certificates
Total Sources of Funds
Estimated Balance (at end of Fiscal Year)
(1) See "Computation of Self-Supporting Debt".
Computation of Self-Supporting Debt
The Waterworks System (1)
Fiscal Year Ending 9-30
1993 1994
$17,688,952 $16,940,431
-0-1,288,533
· 106,750
$17,795,702
$ 882,147
9,125,142
443,750
3,124,187
2,417,344
840,101
275,714
750,000
$17,858,385
$ 62,683
106.750
$18,335,714
$62,683
9,549,719
-0-
3,267,230
2,739,394
796,487
179,397
493,053
1,288.533
$18,376.496
$ 40.782
Net System Revenue Available, Fiscal Year Ended 9-30-92 •••.••••••••••.•...••••.•.•••••
Less: Revenue Bond Requirements, Fiscal Year Ending 9-30-93 .••.•..•.••••.•.••••.•.•••••
$8,991,576
-0-
Balance A vailahle for Other Purposes • • • • . • . . . • . • . • • . • . • . • • . • • • • . • . • . • • . • • • • . • . • •
System General Obligation Debt Requirements, Fiscal Year Ending 9-30-93 .•.•.•••...•....••••.
Balance .•....••.•.•.•.•......••..•.••••.•.•...•.•.•••••••..••.•.•••• ,
Percentage of System General Obligation Debt Self-Supporting . • • . • • • • • • • • . • • • • • • . • . . . • . • • .
$8,991,576
5,470,414
$3.521.162
100.00%
(1) Through Fiscal Year Ended 9-30-91 it was the City's policy each Fiscal Year to transfer from Water Enterprise Fund surplus
to the General Fund an amount at least equivalent to debt service requirements on Waterworks System General Obligation Debt.
The City has no outstanding revenue bonds payable from a lien on the net revenues of the Waterworks System.
Beginning with Fiscal Year Ending 9-30-92 the City budgeted and commenced a multi-year planned shift to direct support of
Waterworks System General Obligation Debt by transfer from Water Enterprise Fund surplus to the General Obligation Interest
and Sinking Fund. For Fiscal Year Ending 9-30-93 Waterworks System General Obligation debt service is $5,470,414; of this
$3,124,187 is a budgeted transfer to the Interest and Sinking Fund and the $2,346,227 balance will be transferred to the General
Fund. When this staged shift is completed total Waterworks System General Obligation Debt Service will be provided by direct
transfer to the General Obligation Interest and Sinking Fund from Water Enterprise Fund surplus.
The multi-year staged shift is necessary to avoid exceeding the City's "rollback tax rate" (see "Tax Rate Limitation") as a portion
of the Interest and Sinking Fund Tax Rate formerly levied for Waterworks System General Obligation debt service is shifted
each year to the General Fund tax rate. The effect of this reallocation, beginning with Fiscal Year Ending 9-30-92, can be seen
in the distribution of the Tax Rate under "Tax Rate, Levy and Collection History• and in "Interest and Sinking Fund Budget
Projection".
,.., See "The Waterworks Syst.em".
25
The Sewer System (1)
Net System Revenue Available, Fiscal Year Ended 9-30-92 ...•..•••....•..•....•..•...•••
Less: Revenue Bond Requirements, Fiscal Year Ending 9-30-93 •.•••..•. , ., • : ••.••..•.•••..••
Balance Available· for Other Puiposes ..•........•..•..•.•..•.•.•.•..••..•.....••••.
System Ge.neral Obligation Debt Requirements, Fiscal Year Ending 9-30-94 •...••••..••.••..•....
Balance • : • ·; .•••.••.•. , ...•...••.•••..•.••.••..••.•..•...•......•.••...
Percentage of System General Obligation Debt Self-Supporting . • . . . • . . . • . • • . . • . . . . . • . • . . • . . • .
$6,434,303
-0-
$6,434,303
4,436,670
$1,997,633
100.00%
(1) It has been the City's policy each Fiscal Year to transfer from Sewer Revenue Fund surplus to the General Fund amount
at least equivalent to debt service requirements on Sewer System General Obligation debt; and this policy will continue for
outstanding Sewer System General Obligation Debt except for the State Revolving Fund loans discussed below.
The City has received three loans from the Texas Water Development Board ("TWDB•) under the State Revolving Fund
program to finance a major wastewater treatment and disposal improvement program. Three separate series of Combination
Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation (the "Sewer System Certificates") were delivered
to TWDB to evidence these loans as follows:
Project
A
B
C
Loan
Amount
$ 1,655,000
34,520,000
14,425,000
$ 50,600,000
Sewer
System
Certificate
Series
1991
1992
1993
Loan Closing
Date
January, 1992
June, 1992
June, 1993
Project
Completion
Date
May, 1993
July, 1994*
July, 1995*
* Anticipated
Principal of each series of Certificates is scheduled to mature in an approximately equal amount each year for a 20-year period
beginning not later than one year after Project completion. Debt service requirements on these Sewer System Certificates is
being paid from net revenues by direct deposit to the Interest and Sinking Fund. For Fiscal Year Ending 9-30-93 debt service
on the Sewer System Certificates is $2,418,251, oflhis $2,417,344 is a budgeted transfer to the Interest and Sinking Fund; for
Fiscal Year Ending 9-30-94 debt service on the Sewer System Certificates is $2,739,394 which is a budgeted transfer to the
Interest and Sinking Fund.
See. "The Sewer System".
The Solid Waste Disposal Syst~ (1)
Net System Revenue Available, Fiscal Year Ended 9:30-92 ....•.••.•..•..••.•...•.•.•...•.
Less: Revenue Bond Requirements, Fiscal Year Ended 9-30-93 ·
Balance Available for Other Puiposes . • • • . • . . . • • . . • • • . . . • • • • • . . . . • • . • • • . . ; ·• ·. , • • . . •
System General Obligation Debt Requirements, Fiscal Year Ended 9-30-94 .....••...•...•...•...
Balance ....•.••••.•.•••......•..•..•••••.••...•..••.•.••..............
$2,041,431
-0-
$2,041,431
829,693
$1,211,738
Percentage of System General Obligation Debt Self-Supporting • . . • . . . . • . • • . • . . . • . . . . • . . . . . . . . . 100.00%
(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. · ·
See "The Solid Waste Disposal System".
26
.-
,...
Authorized General Obligation Bonds
Amount Amount
Date Amount Heretofore Being Unissued
Pumgse Authorized Authorized Issued Issued Balance
Waterworks System 11-21-Sl $ 5,226,000 $ 5,000,000 $ 226,000 $ -0-
Waterworks System 10-17-87 2,810,000 200,000 -0-2,610,000
Waterworks System S-1-93 1,415,000 -0-1,415,000 -0-
Sewer System 5-21-77 3,303,000 2,175,000 -0-1,128,000
Sewer System 5-1-93 1,835,000 -0-1,835,000 -0-
Street Improvements 10-17-87 13,275,000 9,227,000 4,048,000 -0-
Street Improvements 5-1-93 10,170,000 -0-S,1S6,000 5,014,000
Airport System 5-1-93 2,550,000 -0-2,550,000 -0-
Library S-1-93 2,780,000 -0-100,000 2,680,000
Parks 5-1-93 S,385,000 -0-2,350,000 3,035,000
Coliseum S-1-93 3,585,000 -0-3,585,000 -0-
Fire Department"' 5-1-93 470,000 -0--0-470,000
Animal Control 5-1-93 500,000 -0-500,000 -0-
$53,304,000 $16,602,000 $21,765,000 $14,937.000
* Emergency traffic control system improvements.
Anticipated Issuance of Authorized General Obligation Bonds and Other Obligations
1995 1996 1997 1998 TQtal
Street Improvements $2,042,000 $1,000,000 $1,000,000 $ 972,000 $5,014,000
Library 1,370,000 1,310,000 -0--0-2,680,000
Parks 1,538,000 990,000 320,000 187,000 3,035,000
Fire Department 470,000 -0--0--0-470,000
$5,420,000 $3,300,000 $1,320,000 $11159,000 $11.199,000
Note: The City has no present plans for the sale and issuance of authorized but unissued $2,610,000 Waterworks System Bonds
and $1,128,000 Sewer System Bonds or for the authorization, sale and issuance of other general obligation debt.
Funded Debt Limitation
There is no direct funded debt limit.a.ti.on in the City Charter or under State law. The City operates under a Home Rule Charter
that limits the maximum tax rate, for all City purposes, to $2.50 per $100 Assessed Valuation. Administratively, the Attorney
General of the State of Texas will permit allocation of $1.50 of the $2.50 maximum tax rate for general obligation debt service.
27
Other Obligations
(1) The City has entered into lease agreements for the purpose of acquiring certain properties and equipment. As of August 31,
1993, capital leases were as follows:
1996-Balance
Pa.iable from: 1993 1994 1995 2012 Interest Outstanding
General Government
Telephone
Equipment $ 5,431 $65,177 $ 21,726 $ -0-$ (8,740) $ 83,594
Entemrise Fund
Golf-Golf Equipment $4,079 $48,944 $44,865 $ -0-$ (7,113) $ 90,775
Solid Waste-Scraper 5,574 66,890 66,890 5,574 (11,764) 133,164
Airport-Hangar (leased
to Federal Aviation
Administration)* 8,600 103.200 103,200 1,659,800 (1,003,784) 871,016
Total Enterprise $18,253 $219,034 $214,955 $1,665,374 $(1,022.661) $1,094,955
Combined Requirements $23,684 $284,211 !236,681 11,665,374 ~{1,031,401} ;il,178,549
*The hangar was constructed to Federal Aviation Administration ("FAA") specifications in response to a FAA Request for
Proposals. The hangar has a total area of 40,000 square feet of which 2,000 square feet is office space.
The City presently pays its lessor $8,600 monthly under its lease agreement, however, $900,000 proceeds of the Airport
Certificates will be used to purchase the hangar from the lessor on or about January 31, 1994.
FAA leases the hangar from the City under a one year lease agreement commencing in March, 1992, with a base monthly lease
payment of $9,900 and four one year renewal options (the fourth renewal option would extend the lease through February,
1997). Under the FAA lease, the City pays utility costs monthly and is reimbursed by FAA quarterly; building maintenance
costs are paid by FAA. It is the City's opinion that FAA will annually renew its lease for the successive four one year renewal
options through February, 1997 and that FAA will continue occupancy after February, 1997, with future terms to be negotiated.
(2) Acquisition and Renovation of Sears Building ••• On October 15, 1982, the City of Lubbock entered into an agreement with
the American State Bank, Lubbock(" American") to purchase the 96,810 square foot "Sears" building located in downtown
Lubbock. Originally constructed by Sears, Roebuck & Co., the building and site were sold to the adjacent American State Bank
following Sears construction of new facilities in South Plains Mall, Lubbock, several years ago. The City also acquired 3
additional sites near the Sears site for parking expansion in the future.
The City has renovated and remodeled approximately 55,000 square feet of the Sears building to house administrative and City
Council functions, and this building is now the main Municipal Complex with parking space for 205 vehicles and a future
expanded parking capability of 450 vehicles.
Budget for the project was $3,600,000:
Acquisition of Sears building/site
Purchase of additional property
Renovation of 55,000 square feet
Contingencies and other costs
Total Cost
28
$ 751,000
302,925
2,201,849
344,226
$3,600,000
,.
Shown below is the "Sears Building Finance Schedule", which was prepared by the City of Lubbock. Salient elements of the
City's agreement with "American" and the "Finance Schedule" includes:
(1) Advance Balance. Acquisition and remodeling cost of the Sears property was financed by advances from "American".
Net advance balances are shown on a quarterly basis; actual balances to 1-15-92. $3,310,000 of the budgeted project cost
of $3,600,000 was financed through the advance process. The $290,000 balance was allocated from Revenue Sharing
Funds.
(2) Total Payment. Actual and future quarterly payments to "American" including interest quarterly at an annual rate of
12 3/4%. · Final payment, 1-15-94, $2,917,818. ·
(3) Additional Site Acquisition. The City acquired 3 additional,. adjacent sites for future parking expansion, paying
$159,000 in cash and assuming payments on 3 notes. Payment of the $159,000 and combined payments on the 3 notes are
demonstrated.
(4) Escrow Deposits. The City has deposited funds into an "Escrow Account" at • American" from which payments will
be made to •American" as referred to in (2), above, and on the notes referred to in (3) above. Deposits totaled $3,288,000
and the "Escrow Account" is funded.
(S) Escrow Interest Earnings. "American" pays the City interest quarterly on the balance in the "Escrow Account" at the
annual rate of 12 1/2 %.
(6) Escrow Balance. The Escrow Balance at the end of any quarter will always exceed the Advance Balance.
(7) In the opinion of the City Attorney the financial arrangement with "American• described above does not constitute a
legal debt of the City since funds will be pledged at all times and placed in the "Escrow Account" in amounts that, with
interest earned, will exceed the outstanding Advance Balance throughout the Jife of the agreement.
29
_,..
Sears Building
Finance Schedule
Additiolllll Escrow Minimum
Advance Total Site Escrow Interest Escrow· ,-
Year Month Balance Paiment Acguisition Dellosits Earnings Balance
1982-83
10-15 $ 751,000 $159,000 $1,073,000 $ 914,000
1-15 751,000 $ 23,938 5,331 $ 28,563 913,294
4-15 1,251,000 23,938 · 5,331 475,000 28,540 1,387,565
7-15 1,751,000 39,876 5,331 475,000 43,361 1,860,719
1983-84
10-15 2,251,000 55,813 5,331 525,000 58,147 2,382,723
1-15 2,824,001 93,750 5,331 575,000 74,460 2,933,102
4-15 2,820,266 93,750 5,331 91,659 2,925,680
7-15 2,816,412 93,750 5,331 91,428 2,918,027
1984-85
10-lS 2,812,435 93,750 5,331 · 91,188 2,910,134
1-15 2,903,331 . 93,750 5,331 125,000 · 90,942 3,026,995 -4-15 2,902,125 93,750 5,331 94,594 3,022,507
7-15 2,900,880 93,750 5,331 94,453 3,017,880
1985-86
10-15 2,899,596 93,750 5,331 94,309 3,013,108
1-15 2,898,270 93,750 5,331 94,160 3,008,186
4-15 2,896,903 93,750 5,331 94,006 3,003, 111
7-15 2,895,491 93,750 5,331 93,847 2,997,877 ,,-
1986-87
10-15 · 2,894,035 93,750 · 5,331 93,684 2,992,480
1-15 2,892,532 93,750 5,331 93,515 2,986,914
4-15 3,890,982 93,750 5,331 93,341 2,981,174
7-15 2,889,382 93,750 5,331 93,162 2,975,255
1987-88
10-15 2,887,731 93,750 5,331 92,977 2,969,150
1-15 2,886,027 93,750 5,331 92,786 2,962,855
4-15 2,884,270 93,750 5,331 92,589 2,956,363
7-15 2,882,456 93,750 5,331 92,386 2,949,669
1988-89
10-15 2,880,584 93,750 5,331 40,000 92,177 2,982,765
1-15 2,878,653 93,750 5,331 93,211 2,976,895
4-15 2,876,660 93,750 5,331 93,028 2,970,842
7-15 2,874,603 93,750 5,331 92,839 2,964,600
1989-90
10-15 2,872,481 93,750 5,331 92,644 2,958,163
1-15 2,870,291 93,750 5,331 92,443 2,951,525
4-15 2,868,032 93,750 5,331 92,235 2,944,679
7-15 2,865,700 93,750 5,331 92,021 2,937,619
1990-91
10-15 2,863,295 93,750 5,331 91,801 2,930,339
1-15 2,860,812 93,750 5,331 91,573 2,922,831
4-15 2,858,251 93,750 5,331 91,338 2,915,088
7-15 2,855,607 93,750 5,331 91,097 2,907,104
1991-92
10-15 2,852,880 93,750 5,331 90,847 2,898,870
1-15 2,850,065 93,750 5,331 90,590 2,890,378
4-15 2,847,161 93,750 5,331 90,324 2,881,622
7-15 2,844,164 93,750 5,331 90,051 2,872,591
1992-93
10-15 2,841,072 93,750 4,637 89,768 2,863,973
1-1S 2,837,881 93,750 670 89,499 2,859,052
4-15 2,834,589 93,750 670 89,345 2,853,977
7-15 2,831,191 93,750 670 89,187 2,848,744
1993-94
10-1S 2,827,686 93,750 670 89,023 2,843,347
1-15 2,827,686 2,917,818 670 88,855 13,714
16,811,3~3 ~74,896 13,288,000 13,911,993
30
,...
Pension Fund
Texas Municipal Retirement System •••. All permanent, full time City employees who are not firemen are covered by the Texas
Municipal Retirement Sy~tem. The System~ a contributory, annuity-purchase type plan 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 firemen 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. 'The City's contribution rate is calculated each year
using actuarial techniques applied to experience. The 1993 contribution rate is 10.34%; the 1994 contribution rate will be
10.42 % • 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, 1992, assets held by the System, not including those of the Supplemental Disability Fund which is "pooled",
for the City of Lubbock were $82,930,899. Unfunded accrued liabilities on December 31, 1992, were $19,548,917, which is
being amortized over a 25 year period beginning in 1991. Total contributions by the City to the System for Calendar Year 1992
were $4,661,638.
Firemen's Relief and Retirement Fund •.. City of Lubbock firemen 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 firemen, by
vote of the department, in 1941. Firemen are not covered by Social Security.
The Fund is governed by seven trustees, three firemen, two outside trustees (appointed by the other trustees), the Mayor or his
representative and the Assistant City Manager for Financial Services of the City. 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 three
years, and the fund is audited annually. Firemen 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 firemen'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 1993 is 14.4974%.
As of December 31, 1991, unfunded liabilities were $12,852,026 which is being amortized over a 28 year period beginning in
1991.
The City contributed $1,248,214 to the Fund for Calendar Year 1992.
• Sources: Texas Municipal Retirement System, Comprehensive Annual Financial Report for Year Ended December 31, 1992.
City of Lubbock, Texas.
31
General Fund Revenues and Expenditures Revised Budget 'Budget Fiscal Years Ended Revenues 1993-94 1992-93 9-30-92 9-30-91 9-30-90 9-30-89 9-30-88 Ad valorem Taxes $20,114,608 $18,456,541 $17,689,820 $16,213,919 $14,911,385 $14,329,641 $12,538,368 Sales Taxes 17,200,000 16,800,000 16,386,350 15,907,117 15,530,468 15,059,072 13,960,077 Franchise Taxes 4,553,500 4,325,000 4,196,663 3,488,691 3,377,870 3,077,372 3,108,228 Miscellaneous Taxes 540,714 560,714 616,722 667,478 712,203 629,320 669,292 Licenses and Permits 909,476 852,865 753,667 768,924 719,979 613,668 579,369 Intergovernmental 1,313,814 1,308,814 1,286,662 1,227,449 1,511,791 1,179,271 1,124,237 Charges for Services 2,269,750 2,183,195 2,287,530 2,081,955 2,243,428. 2,091,277 2,058,402 Fines 2,311,000 2,306,902 2,152,145 2,378,986 2,489,471 2,365,787 2,063,207 :;a Miscellaneous 2,340,9i4 2,548,024 2,905,332 4,042,185 3,222,731 3,802,560 2,694,897 z Operating Transfers (in) 14,086,320 14,249,191 13,796,281 13,890,216 13,175,352 12,173,142 12,319,367 ~ Total Revenues and Transfers (in) $65,640,096 $63,591,246 $62,071,172 $60,666,920 $57,894,678 $55,321,110 $51,115,444 -Expenditures ~ ~ .... N General Government $ .2,286,820 $ 2,474,710 . $ 2,382,947 $2,412,645 $2,449,344 $2,966,651 $2,056,095 ~ .. Financial Services 1,906,752 1,946,649 2,023,360 1,910,799 1,815,589 1,751,968 1,671,7S2 Management Services 1,961,176 1,998,994 2,368,479 2,579,610 2,500,230 2,113,725 2,202,132 ; Development Services 7,082,391 6,722,025 6,593,869 6,274,866 5,831,381 5,522,932 5,312,624 Public Safety and Services 47,535,247 46,442,581 44,624,486 42,247,744 39,968,470 37,432,994 34,111,128 Non-Departmental 441,154 358,511 11,203 29,532 265,108 16,761 52,602 ~ Operating Transfers (out) 4,207,762 3,977,000 3,113,501 4,642,478 4,304,580. 5,408,139 4,809,466 Total Expenditures and Transfers (out) $ 65,421,302 $ 63,920,470 $61. 117.845 $60,097,674 $57,134,702 SSS,213,170 $50,215,799 Excess of Revenues and Transfers (in) Over $ 218,794 $ (329,224) $ 953,327 $ 569,246 $ 759,976 $ 107,940 $ 899,645 Expenditures (out) Residual Equity Transfer -0--0--0-(64,212) (22,969) 292,597 -0-Fund Balance at Beginning of Year 10,472,213 10,801,437 9,848,110 9,343,076 8,606,069 8,205,532 7,305,887 Fund Balance at End of Year $10,691,007 $10,472,213 $10,801,437 $ .9,848,110 $9,343,076 $8,606,069 $8,205,532 Less: Reserves and Designations {l,686,732)* (l,686,735)* · {1,274,992} (1,769,507) (1,706,674) {1,694,805) (1,829,358) Undesignated Fund Balance $9,004,272 $ 8.785,478 $ 9,526,445 $ 8.078,603 $7,636,402 $ 6.911,264 $6,376.174 * Estimated. \ ) \
Municipal Sales Tri llistory
The City has adopted the Municipal Sales and Use T~ Act, VATCS, Tax C,ode, Chapter 321, which~ 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 and Certificates. C~llections and enforcements are effected through the offices of the
Comptroller of Public Accounts, St.ate of Texas, who remits the proceeds of the tax, after deduction of a 2 % service fee, to the
City monthly. Revenue from this source, for the1 years shown, has b~: . . . . .
Fiscal
Year % of Equivalent of
Ended Total Ad Valotem Ad Valorem
• 9w30 'Collected TaxLm, Tax Rate
1983 $ U,355,581 59.n% $ 0.361
1984 12,480,746 63.27% 0.386
1985 13,310,105 51.95% 0.341
1986 12,953,236 53.80% 0.323
1987 12,563,905 47.50% 0.285
1988 13,960,077 51.14% 0.312
1989 15,059,072 51.52% 0.330
1990 15,530,468 52.23% 0.334
1991 15,907,117 52.61% 0.337
1992 16,386,350 53.91 % 0.351
* Based on estimated population for all years except 1990 which is U.S. Census.
Financial Policies
Per
Cmita*
$ 62.57
68.54
70.94
68.80
66.58
73.47
78.68
83.40
85.00
98.06
Basis of Accounting •.• The City's policy is to adhere to accounting principles as established by the Governmental Accounting
Standards Board. For governmental funds, this is the modified accrual basis and for proprietary funds the accrual basis of
accounting.
General Fund Balance ..• The City's objective is to achieve and maintain a General Fund balance equivalent to t\Vo months
operating cost of the General Fund Budget. This should be sufficient to provide financing for necessary projects, unanticipated
contingencies, and fluctuations in anticipated revenues.
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 l, 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) Fonnal budgetary integration is employed as a management control device during the year for the General, 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) Budgets for General, Convention and Tourism, Criminal Investigation, and Capital Projects Funds are adopted on a basis
consistent with generally accepted accounting principles (GAAP).
33
7) Appropriations for the General Fund lapse at year end. Unencumbered balances for the Capital Proj~ _Fui:ids continue
as authority for subsequent period expenditures.
8) ''st1dgetary bomparisons are' presented for. the G~neral l<und and Special Reven~e Funds in the co~bined fin~ncial
statement sections of the Comprehenl!iveAnnual Financial Report. . .
··_: ;i>· ' ' -_ -t·
Fund Investments ... The City's investment policy parallels Statie_law which governs investment of public funds. The City
generally restricts investments to direct obligations of the United States Government, obligations of U.S. Government agencies
and insured or fully collateralized investments.
Insurance ..• Except for Airport liability insurance, the City is.self-insured for liability, workers' compensation, and health
benefits coverage. Insurance policies are maintain~ with large d~uctibles for fire and extended coverage and boiler coverage.
An Insurance Fund has been established in the bttern!ll Service Fund to account for insurance programs and budgeted transfers
are made to this fund based upon estimated payments for claim losses. · ·
At 8-31-93 the reserves had the fciµowing balances:
Reserve for self-insurance -health
Reserve for self-insurance -other than health
34
$2,085,274
$1,623,452
('
THE W,ATERWO~S SYSTEM·
Water Supply ••. Cu~ntly, .the primary source of water for Lubbock is the Canadian River Municipal Water Authority
("CRMWA ") which delivers raw water from its Lake Meredilh reservoir, located on the Canadian River about SO miles norlh
of Amarillo, to member cities through an underground aqueduct system. Lubbock is one of eleven member cities of CRMW A;
other members are Amarillo, Pampa, Borger, Plainview, Slaton, Levelland, Brownfield, Tahoka, O'Donnell and Lamesa.
Lubbock received 31,063 acre feet of water from CRMWA in Calendar Year 1992, approximately 89% of the City's total
consumption. Cost of the project is . being repaid to the Bureau of Reclamation by CRMW A through a reimbursable loan ·
maturing annually through 2018; debt requirem~ are paid from revenues received by CRMW A from sale of water to member
cities. Member cities make payments for water received from revenues derived from operation of their respective waterworks
systems.
Ocher Water Supply Sources •.• Approximately 15% of the City's water supply is obtained from 238 potable water wells, all
producing from the Ogallala Aquifer, which underlies the High Plains of Texas. Combined capacity of these wells is over 45
million gallons per day ("mgd"). Primary wells are located in Ifie ~Sand Hills" area about 60 miles norlhwest of Lubbock in
Lamb and Bailey Counties in which the City owns approximately 81,235 acres of water rights. These ground water sources
are used primarily for peaking purposes.
Lake Alan Henry •.• The.Brazos River Authority ("BRA") on behalf oftfie City of Lubbock (the "City") is cons1nlcting a dam
and reservoir on the South Fork of the Double Mountain Fork of the Brazos River ("Lake Alan Henry") about 60 miles ;routheast ·
of Lubbock to enhance .provision for long tenn water supply needs. The U.S. Corps of Engineers has granted a permit for
impoundment at the reservoir site.
Futur:e population and water demand estimates for Lubbock, projected by ,the Texas .Water Developm~ Board ("TWDB"),
indicate that Lubbock's water use in high-use years is expected to increase to over 50 mgd by 2040 assuming low population
growth. Although historical population increases have not been as great as the TWDB population estimates, increased population
and decreasing water supplies have required the City to pursue new sources of supply.
In 1978 Freese and Nichols, Inc., Consulting Engineers, estimated that Lake Alan Henry would have a firm yield of 26,100
acre feet per year when the lake is first cons1nlcted, and 20,600 acre f~ per year after 50 years of operation. If the reservoir
is operated with a variable rate of demand, an estimated average yield of 30,200 acre feet per year could be withdrawn initially.
After 50 years of operation, the variable demand yield would decrease to 27,000 acre feet per year. This would provide
Lubbock with a reliable water supply of 23.3 mgd and an average water supply of26.9 mgd. Assuming a worst case scenario
of: a 65 percent allocation from CRMWA (22.1 mgd), an average withdrawal from the Sand Hills Field (8.9 mgd), and a firm
yield from Lake Alan Henry (23.3 mgd), Lubbock would have a reliable supply of54.3 mgd which would be sufficient to meet
projected normal water demands through about the year 2040. Based on the results of the water quality monitoring program
by the United States Geological Survey and Lubbock, it was concluded that water in Lake Alan Henry would be of similar
quality to water from Lake Meredith.
The City has contracted with BRA under a Cons1nlction and Management Agreement (the "Contract") to construct the dam and
water supply reservoir at the Lake Alan Henry site (the "Project") and construction commenced in 1991. Total construction
cost is estimated to be $54,639,000 and BRA has issued $56,655,000 Special Facilities (Lake Alan Henry) Revenue Bonds to
provide funds for construction and establishment of reserve and repair and replacement funds. The Special Facilities Bonds are
payable from net revenues derived from the operation and ownership of Lake Alan Henry, principally from payments to be made
under the Contract to BRA by the City.
Under the Contract the City will buy and pay for the entire amount of water which can be supplied by the Project whether used
or not. Payments to BRA during each Fiscal Year (beginning October 1 and ending September 30) shall equal the sum of:
(1) Capital costs (debt service) payable during such Fiscal Year; plus
(ii) Maintenance and Operation Costs as adjusted, which, by the Authority's estimates made prior to the beginning of such
Fiscal Year, will be incurred during such Fiscal Year; plus
(iii) Management Fees for such Fiscal Year.
Payments under the Contract constitute operating expenses of the City's Waterworks System, payable from gross revenues of
the Waterworks System.
35.
The project will be essentially completed in late 1993, however, ihe cfai'ltu( ofroyalty and mineral owners of the land area
covered by the Project have not been resolved and are in various stages of condemnation and litigation. The dam gates cannot
be closed until these matters are resolved. It is the opinion of BRA Counsel that, in a worst case sce~ario, final resolution could
increase costs of the Project by 15 % to 20%, approximately $8,000,000 to· $11,000;000. When the amount of these claims.has
been definitively ascertained the City and BRA will address the various options available to conclude the Project, including the
option for BRA to issue additional Speci3! Facilities Revenue Bonds.·
When the gates are dosed it is estimated that two to six years will be required for the reservoir to fill, based on average ninoff
conditions. · At conservation'storage the reservoir will contain 115,937 acre feet of water; mean depth at conservation storage
will be approximately 40 feet; maximum depth will be approximately 100 feet near the dam. The contributing drairutge area
is an estimated 394 square miles.
Additional facilities, which may be financed by the City directly or by BRA as additional Special Facility·Revenue Bonds, will
be required to transport and lreat the wafer from Lake Alan Henry; such facilities are not included in the estimated construction
costs shown above and are not scheduled for 'con~ct:ion until after the year 2000.
The System ..• Lubbock's Waterworks System is modem and efficient; property, plant and equipment are valued at
$108,108,332, after depreciation and including cost of construction work in progress, at September 30, 1992. Equipment
includes remote control and ~ommunication facilities with centralized operatiori and direction of the water supply system. The
distribution system extends throughout the City and is designed for expansion. Present pumping capacity is 106 million gallons
per day. ·
Storage capacity includes a 1,200 acre-foot open storage reservoir for CRMWA raw water and 8.0 million gallons clearwell
storage for treated water at the water treatment plant. In addition, 14 ground storage reservoirs and 3 elevated steel storage
tanks provide storage capacity of 61.35 million gallons, entirely adequate for peak hour and fire protection requirements.
Water Consumption
Calendar
'Year
1988
1989
1990
1991
1992
Average
Daily
· Consumption
(mgd)*
34.981
36.367
36.408
33.674
31.219
Maximum
Consumption· ·
Day/Year
(mgd)*
60.399
· 69.124
79.003
67.377
SS.503
* The City has water sales contracts for the sale of treated water to Reese Air Force Base, the City of Lake Ransom Canyon
and Lubbock County Water Control and Improvement District No. 1 (Buffalo Springs Lake); deliveries to these entities,
averaging 0.655 mgd in 1992, are included in the above calculations.
36
.-
Water Treatment Facilities ••• The water treatment plant for the treatment of raw water received from CRMWA has 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 "off-peak" periods and 8.0 million gallons clearwell storage for treated water.
The plant also treats CRMW A raw water 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; total percentage of participation in treatment plant costs by these cities
is 20.34 % • In Calendar 1992 deliveries from the plant totaled 11,945,037 gallons of which 10,122,074 gallons was for Lubbock
and 1,822,963 was delivered to the other participating cities.
The plant is being upgraded and improved with major financing provided from the proceeds of $16,120,000 Combination Tax
and Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1991. Objectives are to (1) enable the plant
to comply with the Safe Drinking Water Act of 1986 and (2) upgrade the plant for safety, maintenance and repair. Total
estimated cost of the program is $17,070,000.
Lubbock's ground water supply does not require treatment (other than the addition of chlorine).
Condensed Statement of Operations • Waterworks System
Revised
Budget Budget Fiscal Year Ended
9-30--94 9-30--93 9-30--92 9-30-91 9-30--90 9-30--89
Operating Revenues $25,678,320 $24,478,410 $20,765,507 $21,821,722 $19,668,087 $16,660,193
Non-Operating
Revenues 1,313,248 . 2,00S,412 4,180,138 4,0S0,163 1,880,945 626,042
Gross Revenues $26,991,568 $26,483,822 $24,945,645 $25,871,885 $21,549,032 $17,286,235
Operating Expense<1) 16,838,554 16,556,504 15,954,609 14,592,700 11,310,s3i 9.758,878
Net Revenues $10,153,014 $9,927.138 $ 8,991.036 $11.279,185 $10.2381500 $7,527.357
Water Meters N.A. N.A. 62,898 62,262 62,119 62,631
(1) Operating expense includes all payments 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 $33,217,406 (including
$1,641,000 of the Bonds) general obligation debt outstanding which was issued for Waterworks System pw:poses on which annual
debt service is provided from net revenues of the System.
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 present
System general obligation debt and any additional Waterworks System general obligation debt issued in the future.
37'
Water Rates (Monthly)
Base Rate (ll
_ 3/4" meter. .
, 1" meter (single family res.),
1" (other than res.)
1.5"
2"
· Consumption Rates
(per 1,000 gallons):
Single Family Residence
Multiple Family
Commercial <2l
Schools <3>
Sprinkler
Reese AFB
Present Rates
(Effective 10-1-92)
$ 7.31
9.31
15.61
29.42
46.11
$1.34/M
1.13/M
1.23/M
1.23/M
1.68/M
1.13/M
Future Rates
Rates Effective Rates Effective
10-1-93 10-1-94
,$ 7.68
, 9.78
16.39
30.89
48.42
$1.41/M
1.19/M
1.29/M
l.33/M
1.76/M
1.19/M
'.,$ 8'.06
10.26
. 17.21
32.44
50.84
$1.48/M
1,25/M
1.36/M
1.40/M
1.85/M
1.25/M
(1) The Base Rate is for water service; Base Rates shown are for ·a 3/4" to 2" meters; higher Base Rates apply to larger meters
ranging from 3" to 10".
(2) The Town of Lake Ransom Canyon and Lubbock Control and Improvement District No. 1 rates are 81.17% of the
commercial rate plus proportionate costs of applicable capital improvements.
(3) Includes public schools, Texas Tech University and Lubbock Christian University.
Note: A "Rate Stabilization Fund" within the Water Enterprise Fund is accumulated from Waterworks System net revenues;
at 8-31-93 the balance in the rate stabilization account was $3,545,697.
38
,.
THE SEWER SYSTEM
The Sewer System is operated as a separate enterprise fund and is not combined with the Waterworks System.
The Collection System ••• The sanitary sewage collection system, handled separately from the storm drainage system, includes
approximately 777 miles of trunk mains and collection lines with trunk mains installed for future expansion of the collection
system.
Water Reclamation Facilities •.•. Treatment facilities consist of the Southeast Plant, with an average daily flow design capacity
of 25 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. Upgrading and expansion of the Southeast Plant,·· which will pennit the City to consistently
comply with requirements of the Texas Water Commission for wastewater treatment and effluent disposal by irrigation of land-
application sites, is in progress.
Wastewater Flows • . •
Calendar
Year <t)
1988
1989
1990
1991
1992
Northwest
Plant
(mgd)
0.455
0.389
0.399
0.324
0.340
Southeast
Water
Reclamation
Plant
(mgd)
17.40
18.35 ·
18.50
18.80
19.34
(1) During the period 1988-1992 the recorded combined peak: daily flow was 28.0 mgd.
Effluent Disposal ... Treated effluent is used for beneficial purposes; no effluent is presently discharged into streams. Treated
effluent from the Northwest Plant is used to irrigate approximately i,OSO acres of farm land at Texas Tech University for
agricultural research. Treated effluent from the Southeast Plant is used to irrigate two.land-application sites:
(1) A site located adjacent to the City on the southeast, consisting of S,997 acres owned by the City, currently being
upgraded; storage capacity for effluent pending use for.irrigation is 412 million gallons.
(2) A 3,400 acre privately owned fannland 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 treated· effluent 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.
Wastewater Treatment and Disposal Improvement and Expansion Project • • . Construction is in progress on a' comprcliensive
wastewater treatment and effluent disposal program that will. upgrade and expand the Southeast Water Reclamation Plant, the
City's major wastewater treatment facility. This program will enable the Plant to consistently comply with 'rex'as Water
Commission and United States Environmental Protection ~gency pennitrequkertients and provide treatment capilcity to the.
design year 2010. · ' · · · · ·
Effluent will continue to be disposed of through an enhanced land application system with alternative effluent discharges of up
to 9.0 mgd to the North Fork Double Mountain Fork, Brazos River, ("NFDMF Brazos River") below Lake Ransom Canyon.
39
The Project has been funded through loans from the Texas Water Development Board's ("TWDB") State Water Pollution Control
Revolving Fund ("SRF") as follows:
Year
1991
1992
1993
~RF
Loan*
$1,655,000
34,520,000
14,425,000
$50,600,000
Project
A
B
C
Brief Projection Description
Replace effluent pipeline to land application site with new 36" line
One new activated sludge treatment plant; headworks facilities;
solids handling facilities digester rehabilitation; administration
maintenance building
Discharge pipeline to NFDMF Brazos River; renovate and upgrade
two existing treatment plants; convert existing administration
building to a laboratory
Estimated
Project
Completion
Date
Completed
May 15,J992
July, 1994
July, 1995
* Evidenced by a separate series of Combinati9n Tax and Sew,er System Subor~te Lien Revenue Certificates of Obligation
for each loan (see "Computation of Self-Supporting Debt" and"The Sewer System", thereunder).
Condensed Statement of Operations -Sewer System
Revised
Budget Budget Fiscal Year Ended
9-30-94 9-30-93 9-30-92 9-30-91 9-30-90 9-30-89
Operating Revenues $11, 762,559 $10,691,075 $10,275,402 $ 9,696,057 $ 9,571,277 $ 8,518,054
Non-Operating
Revenues 1,206,286 1,450,052 875,072 720,169 763,549 579,026
Gross Revenues $12,968,845 $12,141,127 $11,150,474 $10,.416,226 $10,334,826 $9,097,080
Operating Expense <n 5,568,165 5,230,334 4,716.171 4,137,603 4.054,261 4.124.560
Net Revenues $ 7,400,680 $6.910.793 $6,434,303 $6,278,623 $6,280.565 $4,972.520
Sewer Customers N.A. N.A. 62,898 62,262 62,119 62,631
(Estimated)
(1) Operating Expense excludes depreciation and capital expenditures.
Note: The City has no outstanding or audiorized Sewer System Revenue Bonds; however, there is $63,915,138 general obligation
debt outstanding (including $1,835,000 of the Bonds) which was issued for Sewer System purposes on which annual debt service
is provided from net revenues of the System.
It is die 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 present
. System general obligation and any additional Sewer System general obligation debt issued in the future.
40
-
,.
Discussion of Sewer Rates
The City's sewer rate structure is a modified user charge system based on water usage and surcharges for excessive strength
contributions to the wastewater system. Previously, a sewer rate increase designed to increase revenues 9 % was effective 10-1-
1991; this rate increase was designed to initially anticipate and provide for the additional debt service requirements incurred
under the SRF loan program. As part of the wastewater project being financed with SRF loans the City adopted the above
mentioned User Charge System with rates and regulations in accordance with Federal requirements, on October 1, 1992, with
rates as shown under "Present Ratesn, below. These rates were designed to further increase Sewer System revenues by
approximately 9%. Rates effective 10-1-93, below, will increase Sewer System revenues by approximately 10% and provide
for increasing levels of debt service under the City'!! SRF loans (see "Debt Information").
A "Rate Stabilization Fund" within the Sewer Enterprise Fund is accumulated from Sewer System net revenues; at 8-31-93 the
balance in the rate stabilization account was $5,213,213.
Sewer Rates (Monthly)
Residential
Base Rate <1>
Flow Rate (Water Consumption)*
Maximum Monthly Charge
$ 2.49
Present Rates
(Effective 10-1-92)
1.06/M gallons
$ IS.21 (12,000 gallons)
$ 2.74
Future Rates
(Effective 10-1-93)
L16/M gallons
$ 18.98 (14,000 gallons)
* Based on average monthly water consumption for the months of low irrigation usage (typically the previous
December-February).
Commercial/Industrial (ZJ
Base Rate (tl
Flow Rate (Water Consumption)
$ 2.49
1.06/M gallons
$ 2,74
1.16/M gallons
(1) The Base Rate is for sewer service; Base Rates shown are for a 3/4" water meter; higher Base Rates apply to larger meters
ranging from 1" to 10".
(2) Industrial waste that excess allowable limits is subject to surcharge for treating biochemical oxygen demand ("B.O.D. ") and
total suspended solids (T.S.S.). Present surcharge rates are B.O.D. $0.0549/lb. and T.S.S $0'.0287/lb.; surcharge rates .
effective 10-1-93 will be B.O.D. $0.0596/lb. and T.S.S. $0.0430/lb.
41.
THE SOLID WASTE DISPOSAL SYSTEM
The Solid Waste Disposal System, operated by the City's Solid Waste Management Department of the City of Lubbock, handles
collection and disposal of both residential and commercial garbage in the City. The residential collection system services
approximately 20,000 containers and 54,000 accounts. Service is provided twice weekly. Residential collection is provided
through three cubic yard metal containers serviced in alleys by 30 AND 33-yard packer, sideloading trucks on 38 separate
routes. The residential collection unit is scheduled to purchase four (4) replacement 33 cubic yard trucks in Fiscal Year 1993-
1994.
Collection for approximately 320 commercial accounts is provided through two yard to eight yard metal containers picked up
by 32-yard automated frontloading units, and collection for approximately 1,000 accounts is provided by the same type container
and pickup equipment as residential customers. Basic service is collection twice weekly with additional service available at an
extra charge. The commercial portion of the system provides collection for approximately 25 % of the commercial solid waste
market in the City, with the remainder serviced by private contracts.
System customers may deliver covered loads to the City's Landfill at no additional cost.
Recycling Operations . . • The City has expanded its residential recycling operations City-wide effective February, 1993. The
City dispatches recycling collection trucks to collect blue bags which have been filled with recyclable commodities. First year
projections are to reduce the waste stream by S % • This program will supplement other recycling programs that the City
currently operates: Oil Recycling, Wood-Brush Recycling, Don't Bag It Program, Christmas Tree Recycling, and others. A
Household Hazardous Waste Program is in the planning stages.
Landfill and Disposal Operations ... The City operates a Type 1 Landfill (fexas Department of Health permit #69) on a 320-
acre site. The facility receives approximately 200,000 tons of solid waste annually, and has a remaining life of approximately
five to seven years. Refuse is deposited into cells of approximately five acres each, compacted, and covered with six inches
of intermediate soil cover. Once a cell reaches maximum height, final cover is applied and the area is monitored by a series
of wells and visual inspections.
The City is in the process of initiating an application to the Texas Water Commission for a permit for a new 900 acre landfill
site. The new permit would include all new and proposed landfill regulations.
The landfill currently operates as a defacto regional landfill; the City is negotiating interlocal landfill use agreements with
approximately 30 area communities. These agreements would include payment of a tipping fee plus collection of an additional
$2.00 per ton surcharge. Purpose of the surcharge would be to create a cleanup fund in the event future cleanup of site was
required, or the fund could be used for future landfill facilities.
Present Landfill Program ••.
1. Closure of 144 acres of the existing landfill site that is at closure stage. Closure will be performed in accordance with
Texas Water Commission Municipal Solid Waste Management regulations.
2. Install a compacted clay liner, as required by the Texas Water Commission, in Landfill Cell [VA North (an area of
approximately five acres).
3. Acquire a D-9 Dozer and a Motor Grader.
42
/''
,.
Condensed Statement or Operations -Solid Waste ~posal System
Revised
Budget Budget Fiscal Year Ended
1993/94 1992/93 9-30-92 9-30-91 9-30-90 9-30-89
Operating Revenues $10,276,224 $8,553,965 $7,153,729 $6,340,137 $5,630,037 $5,240,173
Non-Operating Revenues 351,185 367,105 240,268 361,4~2 158,154 24,028
Gross Revenues $10,627;409 $8,921,070 $7,393,997 $6,701,589 $5,788,191 $5,264,201
Operating Expense<IJ 5,847,825 5,418,726 5,352,566 4,949,622 4,340,042 4,440.521
Net Revenues $ 43779,S84 $3.502.344 $2,041,431 $1,751,967 $1,448.149 $ 823,680
Number Residential
Customers N.A. N.A. SS,000 51,999 51,568 .51,380
Number Commercial
Customers N.A. N.A. 1,337 1,337 1,322 1,336
(1) Operating Expense excludes depreciation and capital expenditures.
Note: The City has no outstanding or authorized Solid Waste Disposal System Revenue Bonds, however, there is $4,680,281
general obligation debt outstanding which was issued for Solid Waste Disposal System purposes on which annual debt service
is provided from revenues of the System.
It is the City's policy and intention to maintain rates and charges for Solid Waste Disposal System service that will provide net
revenues of the System that will fully provide for debt service on general obligation debt :issued for Splid Waste Disposal System
purposes over the life of present System general obligation debt and any additional Solid Waste Disposal System general
obligation debt issued in the future.
43
Solid Waste Collection Rates
Residential (Monthly)
(Effective 10+92)
3 yard container typically· shared .by
households with twice a week
service· $1LOO
Small Commercial, Churches, Professional Offices, Nursing Homes and Other Interests Generating
Less Than 20 Cubic Feet Per Pickup (Monthly)
(Effective 10-1 ·92)
twice a week service
Commercial (Monthly)
(Effective 1 Q..1 •85)
Landfill Fees
2 yard container with twice a week service.
3 yard container with twice a week service
4 yard container with twice a week service
6 yard container with twice a week service
· . 8 yard container with twice· a week service
Extra pickups for commercial
Size of Vehicle
Pickup, small trailers (1/2 ton or less)
Pickups over 1/2 ton
Container trucks and packer trucks:
5 cubic yards
12 cubic yards
20 cubic yards
24 cubic yards
28 cubic yards
30 cubic yards
32 cubic yards
40 cubic yards
80 cubic yards
$11.00
$24.00
$36.00
$48.00
$72.00
$96.00
$ 1,50 per yard per pickup
Present Rates (I)
(Effective 10-1·92)
$ 6.25
18.75
15.65
37.50
75.00
90.00
105.00
112.50
120.00
150.00
250.00
Future Rates <1>
(Effective 1 Q..1.g3)
$ 9.00
18.00
22.50
54.00
90.00
108.00
126.00
135.00
144.00
180.00
360.00
(1) The City or the user may, at the option of either party, supersede the above schedule with a charge per ton of waste of
$12.00 per ton (present rate) or $18.00 per ton (future rate).
BILLINGS-WATERWORKS, SEWER AND SANITATION
Customers of Lubbock's water, sewer and sanitation systems are billed simultaneously on one statement; if the customer 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. lf the bill remains delinquent 7 days after
the date of the second statement, a reminder/cut~ff notice is mailed. The cut~ff 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 5:00 PM and $25.00 after 5:00 PM and during weekends and
holidays.
44
,...
omER INFORMATION
Ratings
The presently outstanding tax supported debt of the City is rated "Aa" by Moody's Investors Service, Inc. ("Moody's") and
"AA" by Standard & Poor's Corporation ("S&P"). Applicatioos for contract ratings on these issues have been made to both
Moody's and S&P. An explanation of the significance of such ratings, when received, may be obtained from the company
furnishing the rating. Such 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 companies, if in the judgment of either
or both companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either or both
of them, may have an adverse effect on the market price of the Bonds and the Certificates.
Tax Exemption
The delivery of the Bonds and the Certificates is subject to the opinion of Bond Couosel to the effect that interest on the Bonds
and the Certificates 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 decisioos, 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. A form of Bond
Counsel's opinion on the Bonds is reproduced as Appendix B; a fonn of Bond Counsel's opinion on the Certificates is
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 Bonds and 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 ca.iculating the alternative minimum
taxable income of such corporation, other than an S corporation, a qualified mutual fund, a real estate investment trust (REIT),
or a real estate mortgage investment conduit (REMIC). A corporation's alternative minimum taxable income is the basis on
which the alternative minimum tax imposed by the Tax Reform Act of 1986 and the environmental tax imposed by the Superfund
Revenue Act of 1986 will be computed.
In rendering the foregoing opinions, Bond Counsel will rely upon representations and certifications of the City made in
certificates, dated as of the date of delivery of the Bonds and the Certificates, pertaining to the use, expenditure, and investment
of the proceeds of the Bonds and the Certificates and has assumed continuing compliance with the provisions of the Ordinances
by the City subsequent to the issuance of the Bonds and the Certificates. The Ordinances contain covenants by the City with
respect to, among other matters, the use of the proceeds of the Bonds and the Certificates, the manner in which the proceeds
of the Bonds and the Certificates 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 Bonds and the Certificates to be includable in the
gross income of the owners thereof from the date of issuance of the Bonds and the Certificates.
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 Bonds and the Certificates. Prospective purchasers of the Bonds and the Certificates should be aware that
the ownership of tax-exempt obligations such as the Bonds and the Certificates may result in collateral federal tax consequences
to, among others, financial institutions, property and casualty insurance companies, certain foreign corporations doing business
in the United States, S corporations with Sub-chapter C earnings and profits, individual recipients of Social Security or Railroad
Retirement benefits, 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/Premium Bonds and Certir'reates
The initial public offering price to be paid for certain Bonds and Certificates may be less than the principal amount payable on
such Bonds and Certificate at maturity (the "Discount Bonds" and Certificates"). An amount equal to the difference between
the initial public offering price of the Discount Bond and Certificate (assuming that a substantial amount of the Discount Bonds
and Certificates of that maturity are sold to the public at such price) and the principal amount payable at maturity constitutes
interest to the initial purchaser of such Discount Bonds and Certificates. Original issue discount may also result from the
payment of accrued interest by the initial purchaser of obligations having an initial interest payment period longer than six
months. A portion of such interest, allocable to the holding period of such Discount Bond and Certificate by the initial
purchaser, will, upon the disposition of such Discount Bonds and Certificates (including by reason of its payment at maturity),
45
be treated as interest excludable from gross income, rather than as taxable gain, for federal income tax purposes. Such interest
is considered to be accrued actuarially in accordance with the constant interest method over the life of a Discount Bond and
Certificate, taking into account the semiannual compounding of accrued interest, at the yield to maturity on such Discount Bond
and Certificate.
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 the Tax Reform Act of 1986 and
the environmental tax imposed by the Superfund Revenue Act of 1986, 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, 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.
In the event of the sale or. other taxable disposition of a Discount Bond or Certificate prior to maturity, the amount realized by
the owner in excess of the basis of such Discount Bond and Certificate in the hands of such owner (adjusted upward by the
portion of the original issue discount allocable to the period for which such Discount Bond and Certificate was held) is includable
in gross income.
Owners of Discount Bonds and Certificates should consult with their own tax advisors with respect to the determination for
federal income tax purposes of accrued interest upon disposition of Discount Bonds and Certificates and with respect to the state
and local tax consequences of owning Discount Bonds and Certificates. It is possible that, under applicable provisions governing
determination of state and local income taxes, accrued interest on Discount Bonds and Certificates 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 and Certificates may be .greater than the amount payable on such Bonds and
Certificates at maturity (the "Premium Bonds and Certificates"). An amount equal to the difference between the initial public
offering price of a Premium Bond or Certificate (assuming that a substantial amount of the Premium Bonds and Certificates 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 Bonds and Certificates. The basis for federal income tax purposes of a Premium Bond or Certificate in the
hands of such initial purchaser must be reduced each year by the amortizable bond premium, even though no corresponding
deduction is allowable. 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 Bond or.Certificate. 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 Bonds and Certificates should consult with their own tax advisors with respect to the
determination of amortizable bond premium with respect to the Premium Bonds and Certificates for federal income tax purposes
and with respect to the state and local tax consequences of owning Premium Bonds and Certificates.
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 Qualif"ication of Bonds and Certificates for Sale
The sale of the Bonds and the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in
reliance upon the exemption provided thereunder by Section 3(a) (2); and the Bonds and Certificates have not been qualified
under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Bonds been qualified under
the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Bonds and the Certificates
under the securities laws of any jurisdiction in which the Bonds and the Certificates may be sold, assigned, pledged,
hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the
Bonds and Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption
from securities registration provisions. "
46
Leg21 Investments and Eligibility to Secure Public Funds in Texas
Section 9 of the Bond Procedures Act provides that the Bonds and Certificates "shall constitute negotiable instruments, and are
investment securities governed by Chapter 8, Texas Uniform Commercial Code, notwithstanding any provisions of Jaw 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 Bonds and
Certificates are eligible to secure deposits of any public funds of the state, its agencies and political subdivisions, and are legal
security for those deposits to the extent of their market value. No review by the City has been made of the Jaws in other states
to determine whether the Bonds and Certificates are legal investments for various institutions in those states.
Legal Opinions and No-Litigation Certificate
The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Bonds and.
Certificates, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bond and
Initial Certificate and to the effect that the Bonds and Certificates are valid and legally binding obligations of the City, and based
upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to the effect
that the interest on the Bonds and the Certificates 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 Exemption" herein, including the alternative minimum
tax on corporations. The customary closing papers, including a certificate to the effect that no litigation of any nature has been
filed or is then pending to restrain the issuance and delivery of the Bonds and the Certificates, or which would affect the
provision made for their payment or security, or in any manner questioning the validity of said Bonds and Certificates will also
be furnished. Bond Counsel was not requested to participate, and did not take part, in the preparation of the Notice of Sale and
Bidding Instructions, the Official Bid Form and 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 describing the Bonds and Certificates in the Official Statement to verify that··
such description conforms to the provisions of the Ordinances. The legal fee to be paid Bond Counsel for services rendered
in connection with the issuance of the Bonds and Certificates is contingent on the sale and delivery of the Bonds and Certificates.
The legal opinion will accompany the Bonds and Certificates deposited with OTC or will be printed on the Bonds and
Certificates in the event of the discontinuance of the Book-Entry-Only System.
Authenticity of Financial Data and Other Information
The financial data and other information contained herein have been obtained from 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 resolutions contained in this Official
Statement are made subject to all of the provisions of such statutes, documents and resolutions. These summaries do not purport
to be complete statements of such provisions and reference is made to such documents for further information. Reference is
made to original documents in all respects.
Financial Advisor
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Bonds and
Certificates. The Financial Advisor's fees for services rendered with respect to the sale of the Bonds and the Certificates is
contingent upon the issuance and delivery of the Bonds and the Certificates. First Southwest Company may submit a bid for
the Bonds and the Certificates, either independently or as a member of a syndicate organized to submit a bid for the Bonds and
the Certificates. 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 Bonds and the Certificates, or the possible impact of
any present, pending or future actions taken by any legislative or judicial bodies.
47
Certification of the Official Statement
At the time of payment for and delivery of the Bonds and the Certificates, the initial purchasers will be furnished a certificate,
executed by proper officers, acting in their official capacity, to the effect that to the best of their knowledge and belief: (a)the
descriptions and statements of or pertaining to the City contained in· its Official Statement, and any addenda, supplement or
amendment thereto, on the date of such Official Statement, on the date of sale of said Bonds and Certificates and the acceptance
of the best bid therefor, and on the date of the delivery, were and are true and correct in all material respects; (b) insofar as
the City and its affairs, including its financial affairs, are concerned, such Official Statement did not and does not contain an
untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the
statements therein, in the light of the circumstances under which they were made, not misleading; (c) insofar as the descriptions
and statements, including financial data, of or pertaining to entities, other than the City, and their activities contained in such
Official Statement are concerned, such statement, and data have been obtained from sources which the City believes to be
reliable and the City has no reason to believe that they are untrue in any material respect; and (d) there has been no material
adverse change in the financial condition of the City since the date of the last unaudited financial statements of the City.
The Ordinances authorizing issuance of the Bonds and the Certificates will also approve the form and content of this Official
Statement, and any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Bonds and
the Bonds and the Certificates by the initial purchaser.
ATI'BST:
BETI'Y M. JOHNSON
City Secretary ·
48
DAVID R. LANGSTON
Mayor
City of Lubbock, Texas
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
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.
Population
Lubbock is the ninth largest City in Texas:
1910 Census
1920 Census
1930 Census
1940 Census
1950 Census
1960 Census
1970 Census
1980 Census
1990 Census
1993 (Estimated)*
*Source: City of Lubbock, Texas
City of Lubbock
(Corporate Limits)
1,938
4,051
20,520
31,853
71,390
128,691
149,701
173,979
186,206
187,981
Metropolitan Statistical Area {"MSA ") (Lubbock County)
1970 Census 179,295
1980 Census 211,651
1990 Census 222,636
Agriculture; Business and Industry
Lubbock is the center of a highly mechanized agricultural area 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. Official 1992 cotton production in the 25-county area around Lubbock was 1,418,600 bales; 1991 production was
2,327,700 bales (source: Plains Cotton Growers, Inc., Lubbock, Texas). Three major vegetable oil plants located in Lubbock
have a combined weekly capacity of over 1,869 tons of cottonseed and soybean oil. Several major seed companies are
headquartered in Lubbock.
Over 200 manufacturing plants in Lubbock produce such products as semi-conductor products, vegetable oils, heavy earth-
moving machinery, irrigation equipment and pipe, farm 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.
Lubbock MSA Labor Force Estimates
July June May July June May
1993 (!) 1993 1993 1992 1992 1992
Civilian Labor Force 118,400 117,600 114,900 118,500 119,600 116,000
Total Employment 111,400 110,000 109,200 110,500 110,200 108,800
Unemployment 7,000 7,600 5,700 8,000 9,400 7.200
Percent Unemployment 5.9% 6.5% 5.0% 6.8% 7.9% 6.2%
(1) Subject to revision.
Source: Texas Employment Commission.
A-1
,,..
, ...
,...
Estimated non-agricultural wage and salaried jobs in various categciries ~ of July, 1993, were:
Manufacturing
Mining
Construction
Transportation
Trade
7,300
200
3,700
5,700
26,800
Finance, Insurance and Real Estate
Services
4,300
27,400
23,200
98,600
Government
Total
Major employers in Lubbock (with 300 employees or more) are:
Company
Texas Tech University
Methodist Hospital
Lubbock Independent School District
City of Lubbock
St. Mary's Hospital
University Medical Center
Reese Air Force Base
TTU Health Sciences Center
Texas lnslruments, Incorporated
United Supermarkets
Lubbock State School
U.S. Postal Service
Fleming Companies, Inc.
Lockheed Corporation
Southwestern Bell Telephone Company
Lubbock Mental Health and Mental Retardation
Center
ARA Food Service
Supermarkets Incorporated
Frito Lay .
Marriott Corporation
Texas Department of Human Services
Lubbock Avalanche-Journal
* Full and part time.
** Military and civilian.
Product
State University
Hospital
Public Schools
City Government
Hospital
Hospital
U.S. Military Installation
Medical and Allied Health School
Electronics Manufacturer
Retail Groceries
School for Mentally Retarded
Post Office
Wholesale Groceries
Contract Aircraft Maintenance at
Reese Air Force Base
Telephone Utility
State of Texas Agency
Food Broker
Retail Groceries
Food Manufacturing and Sales
Hotel/Housekeeping and Hotel
Management
State of Texas Agency
Daily Newspaper
Source: Business Development Support Service, City of Lubbock, Texas.
Education ••• Texas Tech University •••
Estimated
Employees
August, 1993
6,593*
3,750
3,300
2,000
1,849
1,750
1,700**
1,600
1,250
1,100*
955
695
535
501
466
425*
400
400
386
335*
325
320
Established in Lubbock in 1923, Texas Tech University is the fifth largest State-owned University in Texas and had a Spring,
1993, enrollment of22,306. Accredited by the SouthemAssociationofCollegesandSchools, the University is a co-educational,
State-supported institution offering the bachelor's degree in 158 major fields, the master's degree in 107 major fields, the
doctorate degree in 64 major fields, and the professional degree in 2 major fields (law and medicine).
A-2
The University proper is situated on 451 acres of the 1,829 acre campus, and has over 160 permanent buildings with additional
construction in progress. Spring, 1993~ faculty membership was 775 full~time and 083 part-time. Including the Heal.th Sdences
Center, the University's operating budget for 1992-93 is $415.2 million of which $146.7 million is from State appropriations;
book value of physical plant assets, including the Health Sciences Center, is in excess of $560 million.
The medical school had an enrollment of 390 for Spring, 1993, not including residents; there are 43 graduate students. The
School of Nursing had a Spring, 1993/ enrollment of 447 including the Pennian Basin Program, located in Midland/Odessa;
there were 34 graduate students. The Allied Health School had a Spring, 1993, enrollment of 177.
Source: Texas Tech University.
Other Education Information
The Lubbock Independent School District, with an area of 87.S square miles, includes over 90 % of the City of Lubbock. There
are approximately 3,300 total employees, including 2,446 certified (professional) personnel and 829 other employees. The
District operates four senior high schools, ten junior high schools, 40 elementary schools and other educational programs.
Scholastic Membership History*
School
Year
1987-88
1988-89
1989-90
1990-91
1991-92
1992-93
Student
Membership
30,955
30,828
30,861
30,684
30,736
31,103
Refined
Average
Daily
Attendance
28,194
28,159
28,373
28,101
28,090
28,359
* Source: Superintendent's Office, Lubbock Independent School District.
Lubbock Christian University, a privately owned, co-educational senior college located in Lubbock, had an enrollment of 1,096
for the Spring Semester, 1993.
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 technical/vocational subjects; Summer
Semester, 1993, enrollment was 559. The College also operates a major off-campus learning center at Reese Air Force Base;
course offerings are in primarily academic subjects; Summer Session, 1993, enrollment was 721.
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 440 students; 422 students were in residence. The School's operating budget for 1992/93 is in excess of $20.0
million; there are 950 professional and other employees.
Transportation
Scheduled airline transportation at Lubbock International Airport is furnished by American Airlines, Southwest Airlines, Atlantic
Southeast Airlines, Continental Express, United Express and American Eagle; non-stop service is provided to Dallas-Fort Worth
International Airport, Dallas Love Field, Denver, El Paso, Austin, Amarillo and Albuquerque. 1992 passenger boardings totaled
576,886. Extensive private aviation services are located at the airport.
Rail transportation is furnished by the Atchison, Topeka and Santa Fe Railway Company and the Burlington-Northern, Inc. 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 freight common carriers provide service.
Lubbock has a well developed highway network including Interstate 27 (Lubbock-Amarillo), 4 U.S. Highways, 1 State Highway,
a controlled-access outer loop and a county-wide system of paved farm-to-market roads.
A - 3
_,..
Government and Military
Reese Air Force Base, located adjacent to the western boundary of Lubbock, is an undergraduate let Pilot Training Base of the
Air Training Command. The Base covers over 3,000 acres and has approximately 1,200 military, SOO civilian and 700 contract
personnel.
State of Texas ••• More than 2S 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.
Hospitals and Medical Care
There are seven hospitals in the City with over 1,973 beds. Methodist Hospital 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 University Medical School. There are numerous
clinics and over 600 practicing physicians and surgeons (M.D.) 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 SOO acres of adjacent parkland ext.ending from northwest to
southeast Lubbock along the Yellow house 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 SO acres contain the 300,000 square foot Lubbock Memorial Civic
Center, the main City library building and State Department of Public Safety offices; a SO acre peripheral area· has been
redeveloped privately with office buildings, hotels and motels, a hospital and other facilities.
Available to residents are Texas Tech University programs and events, Texas Tech University Museum, Planetarium and Ranch
Heritage Center exhibits and programs, Lubbock Memorial Civic Center and its events, Lubbock Symphony Orchestra programs,
Lubbock Theatre Center, Lubbock 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; modem
movie theatres.
Churches
Lubbock has approximately 300 churches representing more than 25 denominations.
Utility Services
Water and Sewer -City of Lubbock.
Gas -Bnergas Company.
Electric -City of Lubbock (Lubbock Power & Light) and Southwestern Public Service Company; and, in a small area, South
Plains Electric Co-operative.
A-4
Economic Indices (1)
Year
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
Building
Permits
$130,720,599
230,440,777
212,353,170
168,740,229
139,317,252
100,046,309
105,159,525
105,363,072
140,855,719
131,333,756
142,921,124
(1) All data as of 12-31; Source: City ofLubbock.
Water
56,172
58,034
59,262
60,051
60,751
61,027
61,628
61,857
62,178
62,267
62,898
Utility Connections
Gas
54,650
54,927
56,540
56,600
56,900
57,266
57,886
60,312
61,700
60,803
60,208
Electric
CLP&L Only)<2l
34,987
37,282
. 39,037
40,506
41,759
42,696
43,781
44,518
45,301
46,245
47,194
(2) Electric connections are those of City of Lubbock owned Lubbock Power and Light ("LP&L ") and do not include those of
Southwestern Public Service Company or South Plains Electric Cooperative.
A-5
,.
l ) l ) ) ) ) ) ) Building Permits by Classir1Cation Residential Permits Commercial, Single Famill'. Multi-Familv Total Residential Public Total Calendar No. No. Dwelling No. Dwelling and Other Building Year Units Value Units <tl Value Units O> Value . Permits Permits 1983 1,166 $88,830, 155 2,790 $71,143,086 3,956 $159,973,841 $ 70,466,936 S230,44o,m 1984 919 65,815,115 757 22,614,500 1,676 88,429,615 123,923,555 212,353,170 1985 601 50,100,350 162 5,250,300 763 55,350,650 113,389,579 168,740,229 1986 599 49,329,236 14 566,000 613 49,895,236 89,422,016 139,317,252 1987 508 -44,466,937 -0-. -0-508 44,466,937 55,519,312 100,046,309 • 1988 414 35,588,945 -0--0-414 35,588,945 69,570,580 105,159,525 I °' 1989 368 31,345,375 12 440,800 380 31,786,175 73,576,897 105,363,072 1990 368 35,652,140 8 416,000 376 36,068,140 104,787,579 140,855,719 1991 424 38,574,190 -0--0-424 38,574,190 92,759,566 131,333, 756 1992 603 58,530,190 44 (2) 1,743,000 647 60,273,190 82,647,934 142,921,124 . . (1) Data shown under "No. Dwelling Units" is for each individual dwelling unit, and is not for separate buildings; includes duplex, triplex, quadniplex and apartment permits. (2) Includes one retirement center with 40 dwelling units. Source: City of Lub~k, Texas.
The following information concerning the Electric Light and Power System and the Airport is for general information
only.
Lubbock Power and Light
Lubbock Power and Light ("LP&L ") was established in 1916, and is presently the largest municipal system in the West Texas
region and the third largest in the State of Texas. LP&L and Southwestern Public Service Company ("Southwestern"), a
privately owned utility company operating within thi corporate limits of the City, each provide electric service to residents and
businesses of the City. Essentially all of the City is covered by both systems, each of which has parallel lines throughout the
City; one small area is served exclusively by South Plains Electric Cooperative and one small area is served exclusively by
LP&L. As of June, 1993, the System served 58.6% of all connections.
Southwestern was granted a new 20-year franchise in 1982. The company pays the City a franchise tax of 3% of its gross
receipts which is deposited into the City's General Fund; LP&L makes an equivalent payment in lieu of taxes to the General
Fund of the City. As of June, 1993, Southwestern supplies power to approximately 41.4% of the customers in Lubbock.
LP&L generates part of its power requirements through the use of three generating stations located within the City. These plants
are geographically separated and deliver bulk power to substations through a 69 kilovolt (kV) transmission loop system.
LP&L currently contracts for the purchase of 25 megawatts (MW) of power from Southwestern; power is delivered via two
interconnections, each capable of delivering up to 100 MW to LP&L.
Generating Stations •.. The total generating capacity of LP&L is 220,500 kW. Gas turbine generators provide the system with
52,500 kW of ready reserve and quick-start generation for emergency and peaking service. A new high efficiency gas turbine
at Texas Tech University (E.Z. Brandon Station) is base loaded. Generating units consist of the following:
Generator
Year Capacity
Manufacturer Installed Station Prime Mover Fuel in kW
Nordberg 1946 2* Diesel Dual Fuel 2,500
Nordberg 1947 2* Diesel Dual Fuel 2,500
Westinghouse 1952 2* Steam Turbine Gas or Oil 11,500
Westinghouse 1953 2* Steam Turbine Gas or Oil 11,500
Westinghouse 1958 2* Steam Turbine Gas or Oil 22,000
Westinghouse 1964 Holly Gas Turbine Gas or Oil 12,500
General Electric 1965 Holly Steam Turbine Gas or Oil 44,000
Worthington 1971 Holly Gas Turbine Gas or Oil 18,000
General Electric 1974 Holly Gas Turbine Gas or Oil 22,000
General Electric 1978 Holly Steam Turbine Gas or Oil 54,000
General Electric 1990 E.Z. Brandon Gas Turbine** Gas or Oil 20,000
220,500
* Since the completion of the second interconnection with Southwestern Public Service,· Station No. 2 has been kept on standby
and is used for peak and emergency power purposes.
** High efficiency, cogeneration plant located at Texas Tech University; waste heat is used to produce steam which is sold to
the University.
Interconnection . . . An interconnection with Southwestern was completed and LP&L commenced buying power from
Southwestern in December, 1981. In April, 1986, a second interconnection with Southwestern was energized; each
interconnection is capable of providing up to 100 MW to LP&L.
A· 7
,.
Purchased Power •.• LP&L's contract with Southwesterp. extends to December 31. 2004, with year to year extensions thereafter
subject to five years notice of termination by either party. The contra.ct provides for "firm power", "emergency energy" and
"non-firm" energy; non-firm energy purchases by LP&L are made on an economic dispatch basis and are subject to
Southwestem's sole discretion to make such sales. Southwestern is the only interconnection to LP&L's system; the City must
give two years notice of intention to take power from another supplier. The City specifies its firm power requirements five years
in advance subject to adjustment by plus or minus 30% at least one year in advance. LP&L has designated 30 MW for 1993,
40 MW for 1994 and 1995, 45 MW for 1996 and 55 MW for 1997. Southwestern will make.such firm power and energy
available to LP&L as specified, provided it has sufficient capacity in its existing facilities for any requested increase.
Southwestern serves an area covering the Panhandle and South Plains of Texas and parts of eastern New Mexico with an
integrated electric generating and distribution system.
Fuel Supply .•• Present primacy fuel supply for LP&L's generating system is natural gas, which is supplied by Adobe Gas
Pipeline Company• Adobe Gas Marketing Company and Prudential-Bache Energy Growth Fund; LP&L has other alternative
gas supplies including in-ground reserves owned by LP&L. These major gas suppliers are under long term contracts which
provide LP&L with maximum flexibility in securing the lowest cost energy at all times.
Secondary fuel in the form of fuel oil has been maintained in storage in the City. LP&L's present storage capability of fuel
oil, for standby, secondary fuel, is over 440,000 gallons, an adequate supply of fuel oil for two days operation; with expected
re-supply, this period would the substantially extended. The 1978 Holly steam generator has a multi-fuel capability as it is
designed to burn natural gas or all grades of fuel oil. However, due to environmental restrictiom, LP&L plans to bum all fuel
oil in storage within two years and thereafter depend on purchased power for back-up generation.
Transmission and Distribution ..• A 69,000 volt (69 kV) transmission loop system, 74.45 miles in length, provides bulk power
to eleven 69,000/12470 bulk substations with a combined base capacity of 351 megavolt amps (MV A). With all cooling systems
in operation, these substations could provide. up to 532 MV A. Of the above 69kV transmission lines, 27.41 miles have been
constructed for operation at 115 kV. When system load dictates, these lines will be energized to 115kV and provide an
additional 250 % of transmission capacity due to the increased voltage. LP&L also has two interconnections with Southwestern
Public Service which can provide up to 200 MV A of additional power; these interconnections are tied to LP&L through 4.35
miles of 230 kV transmission lines.
The distribution system includes approximately 659.56 miles of overhead distribution lines and approximately 208.53 miles of
underground distn'bution lines. There are five· 12,470/4160 volt substations in the distribution system. Net system load for
Fiscal Year Ended September 30, 1992, was 963,324,518 kilowatt hours _(kWh) with a peak demand of 218,000 kW.
Continuing Transmission and Distribution System Improvement Program •.• A transmission and distribution system construction
and improvement program using internally generated funds is in progress.
Recent Substation Construction and Facilities Relocation Program
(1) A "South Substation" to meet expected load growth in south and southwest Lubbock and expected load growth
along the 1-27 corridor has been' ~onstructed; this substation will also prevent future voltage problems in this region;
the substation consists of two 15/20/25 MV A transformers with all required substation facilities, 69 kV trammission
line extensions and 12.5 kV distribution feeder lines. ·
(2) East/West Freeway Clearing ..• The State's construction plans for an east/west freeway across Lubbock require
that a major 69 kV transmission line along with numerous distribution lines located on or along existing public streets
and alleys be relocated. ·
A-8
l '
Electric Rates
Electric rates in the City are set by City Council Ordinance and are the, same for LP&L and Southwes~m except for church,
school and municipal rates, and minor variations in billing policies, and South Plains Electric Cooperative customers. Present
rates became'effecti:ve June 1, 1989. · .
Selected Electric Rates (Effective 6-1-1989)
Residential
Service Availability Charge
All kWh per month@ 3.93¢ per kWh
Plus: Fuel Cost Recovery Cl)
General Service
Service Availability Charge:
First 1,000 kWh per month
Next 6,000 kWh per month
Next 6,000 kWh per month
All additional kWh per month
$ 4.66 per month
$12A8 per month
5 .24¢ per kWh*
2.22¢ per kWh
1.05¢ per kWh
0.55¢ per kWh
* Add to the 5 .24¢ block 200 kWh for every kW of demand in
excess of 10 kWs. Demand: Measured as the customers kW
demand for the 30-minute period of greatest use during the
month.
Plus: Fuel Cost Recovery. (I)
Minimum Charge: $12.98 per month for demand of 10 kW or
less, plus $3.50 per kW for next 15 kW above 10 kW, plus
$2.30 per kW for all additional kW. No demand shall be ta.ken
as less than 50% of highest demand established in 12 months
· ending with current month.
(1) Fuel Cost Recovery:
The charge per kilowatt hour shall be increased by a fuel factor
per kilowatt hour as provided in current Southwestern Public
Service Tariff 7100 (Public Utility Commission of Texas sheet
IV-69). The fuel factor will remain constant for approximately
one year. At this time the fuel factor is $0.020636/kWh. All
rates are subject to fuel cost recovery.
A-9
,.
Condensed Statement of Operations • Electric Light and Power System
Eiscal Year Ended 9-30
1992 1991 1990
Operating Revenues $ 50,196,280 $ 49,142,119 $ 49,271,634
N on.aperating Income
4,081,025 3,247,106 2,926,158
Gross Revenues $ 54,277,305 $ 52,389,225 $ 52,197,792
Operating Expense <1l 33,900,204 33,225,153 33,730,001
Net Revenues $ 20,377,101 $ 19.164.072 $ 18,467,791
Electric Connections 47,194 46,014 45,114
(1) Operating Expense excludes depreciation and capital expenditures.
Maximum Principal and Interest Requirements, Electric System Revenue Bonds,
1989
$ 49,285,975
3,802,433
$ 53,088,408
34,442,694
$ 18,645,714
44,402
1988
$ 49,102,951
2,629,613
$ 51,732,564
31,928,152
$ 19,804,412
43,781
Fiscal Year Ending 9-30.93 • . • . • • • • • . • . • • • . . • • • . • • • • • • . • • . • • . • . • • • . . . . . • • . . • • '6,611,854
3.08 Times
$39,234,965
$ 5,941,381
$ 3,413,183 .
Coverage by Net Revenues, Fiscal Year Ended 9-30.92 ••••• ; ••..••......•...•...•..•••••
Electric Light and Power System Revenue Bonds Outstanding 9*30.92 • • . . • • • • • . • • . • . . • • • . . • . .
Interest and Sinking Fund, 9-30.92 ..•.•••.•.••..•.•...••.•.....•••.•••.•••.•.••• :
Reserve Fund, 9-30.92 • • . . . . . • . . • • • • . . . • • • . . • • • • • . . • . • • • . . • • • • . • • . . . • • • . . • • •
A.;.10
The Airport
The City has owned and operated its airport since 1929, with scheduled airline service beginning in 1946. Lubbock International
Airport is located six miles north of the central business district and has an area of 3,148 acres, of which approximately 1,900
acres is used for farming and clear zones.
Scheduled Airline Service •.. Scheduled airline transportation is furnished by American Air Lines, Southwest Airlines, Atlantic
Southeast Airlines, Continental Express, United Express and American Eagle. Non~stop scheduled service is provided to Dallas-
Fort Worth International Airport, Dallas Love Field, Denver, El Paso, Austin, Amarillo and Albuquerque. 1992 passenger
enplanements were 576,886. . ' · ·
Lubbock International Airport Terminal . . . The terminal building contains approximately 222,000 square feet; the terminal
houses airport administrative offices, airline offices and ticket counters, the baggage claim area, car rental offices,. a restaurant
and inflight meal preparation kitchen, air freight tenants, meeting and press rooms, and 9 jetway equipped gates for airline use.
Parking capacity is 1,920, including 140 employees. .The old terminal building has been converted to government. and
commercial office space and houses a Federal Aviation Administration rFAA ") Flight Standard District Service Office.
Runway System . . . The runway system consists of:
1 -11,500' x 150', north/south, primary runway with high intensity lighting and a PAA operated instrument landing
system and other navigational aids;
1 -8,000' x 150', east/west, cross-wind runway, with high intensity lighting and a PAA operated instrument landing
system;
1 -2,800' by 75' general aviation runway;
and a taxiway system connecting the runways with aprons, the terminal and other facilities.
General Aviation Facilities •.. An 8,779 square foot building on the east side of the airport houses some general aviation
services, a National Weather Service office and a U.S. Customs office. General aviation services are mainly available from
two west-side located major fixed base operators who provide hangars, aprons, fuel sales and other services for private aviation.
100 T-Hangars house most of the approximately 200 private aircraft that are based at the airport. Construction was completed
in November, 1991, on a $5.2 million dollar project, partially funded by Federal participation, to provide reconstruction of the
west cargo ramp which provides aircraft parking space for air freight operations, two bypass taxiways to improve traffic flow
for runway 17 right and new underground wiring for all lighted taxiways of the airport. These improvements serve both general
and commercial aviation facilities.
Warehouse, Hangar and Land Rentals ... The airport has five 16,000 square foot warehouses and six other warehouses for
storage space rental. A 40,000 square foot hangar was completed and leased to the FAA in March, 1992.
Industrial . • . Two steel companies, two research companies and a manufacturing company are located at the airport.
Condensed Statement of Operations -Airport
Fiscal Year Ended 9-30
1992 1991 1990
Operating Revenues $4,130,467 $4,064,177 $3,810,316
Non-Operating Revenue 78,098 266,237 208,665
Gross Income $4,208,565 $4,330,414 $ 4,018,981
Operating Expense (IJ 3,462,854 3,618,409 3,192,614
Net Revenue $ 745,711 ! 712,005 $ 826,367
(1) Operating Expense excludes depreciation and capital expenditures.
Maximum Principal and Interest Requirements, Airport Revenue Bonds,
1989
$3,617,038
55,518
$3,672,556
3,222,437
! 450,119
1988
$ 3,223,095
146,809
$3,369,904
3,038,175
$ 331,729
Fiscal Year Ending 9-30-93 ••............•.•.....•..••.•....•..•....•.........
Coverage by Net Revenue, Fiscal Year Ended 9-30-92 ...•.......•.•........•......•....•
Airport Revenue Bonds Outstanding, 9-30-92 ....••.....•.•••...••••........••.....•..
Interest and Sinking Fund, 9-30-92 . . . . . . . . • . . . . . • . . • . . . . . . . . • • • • . . . . • . • . . • . . • • . . • .
Reserve Fund, Cash and Investments, 9-30-92 •. , •.•.•••••..........••••••••.•.....•...
A -11
$ 118,710
6.28 Times
$ 540,000
$ 52,454
$ 300,000
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APPENDIXB
FORM OF BOND COUNSEL'S OPINION • THE BONDS
THIS PAGE LEFT BLANK INTENTIONALLY ,...
TELEPHONE: 214/855-8000
f"ACSIMILE: 214/855-8200
FULBRIGHT & JAWORSKI
L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
0 ALL AS, TEXAS 75 20 I
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
General Obligation Bonds, Series 1993" (the "Bonds"), dated October 1, 1993 (the "Bond
Date"), in the principal amount of $19,215,000, we have examined into the legality and
validity of the issuance thereof by the City of Lubbock, Texas (the "City"), which Bonds
are issuable in fully registered form only, in denominations of $5,000 or any integral
multiple thereof (within a maturity), have stated maturities of February 15, 1995
through February 15, 2014, unless redeemed prior to maturity in accordance with the
terms stated on the Bonds, and bear interest on the unpaid principal amount from the
Bond Date at the rates per annum stated in the ordinance authorizing the issuance of
the Bonds (the "Ordinance"), such interest being payable on February 15 and August 15
in each year, commencing ___ 15, 1994, to the registered owners thereof shown on
the registration books of the Paying Agent/Registrar on the Record Date (stated on the
face of the Bonds).
WE HA VE SERVED AS BOND COUNSEL for the City solely to pass upon the
legality and validity of the issuance of the Bonds under the Constitution and laws of
the State of Texas, and with respect to the exclusion of the interest on the Bonds 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 Bonds 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 Bonds, including the Ordinance, customary
certifications and opinions of officials of the City and other pertinent showings, and an
examination of the Bond 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 the Bonds have
been duly authorized by the City in compliance with the Constitution and laws of the
State of Texas now in force, and the Bonds 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, except to the extent that the enforceability
120383
Page 2 of Legal Opinion ofFulbright & Ja~o,rskiL.lJ.P ..
Re: $19,215,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1993",
, dated October 1, 1993 ·
thereofmay 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.
IT IS FURTHER OUR OPINION THAT, 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 Bonds,
interest on the Bonds for federal income tax purposes (1) will be excludableJro~ gross
income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to
the date hereof, of the owners thereof pursuant'to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, and (2) 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 Bonds, 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 corporations, other than an S corporation,
a qualified mutual fund, a real estate mortgage investment conduit (REMIC), or a real
estate investment trust (REIT). A corporation's alternative minimum taxable income
is the basis on which the alternative minimum tax imposed by the Tax Reform Act of
1986 and the environmental tax imposed by the Superfund Revenue Act of 1986 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 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, individual
recipients of Social Security or Railroad Retirement Benefits, 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.
120383
APPENDIXC
FORM OF BOND COUNSEL'S OPINION -THE CERTIFICATES
THIS·PAGE LEFT BLANK INTENTIONALLY
,.
TELEPHONE: 214/855·8000
FACSIMILE: 214/SS!H:~200
FULBRIGHT & JAWORSKI
L.LP.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YOFIK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series
1993" (the "Certificates"), dated October 1, 1993 (the "Certificate Date"), in the principal
amount of $1,470,000, we have examined into the legality and validity ofthe issuance
thereof by the City of Lubbock, Texas (the °City"), which Certificates are issuable in
fully registered form only, in denominations of $5,000, or any integral multiple thereof
(within a maturity), have stated maturities of February 15, 1995 through February 15,
2014, unless :redeemed prior to maturity in accordance with the terms stated on the face
of the Certificates, and bear interest on the unpaid principal amount . from the
Certificate Date at the rates per annum set forth in the ordinance authorizing the
issuance of the Certificates (the 110rdinance"), such interest being payable on
February 15 and August 15 in each year, commencing ____ 15, 1994, to the
registered owners thereof shown on the registration books of the Paying
Agent/Registrar on the Record Date (stated on the face of the Certificates).
WE HA VE 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 Certificate No. T-1 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 the Certificates
have been duly authorized by the City in compliance with the Constitution and laws of
the State of Texas now in force, and the Certificates issued in compliance with the
provisions of the Ordinance are valid, legally binding and enforceable obligations of the
City, payable from an ad valorem tax levied, within the limitations prescribed by law,
upon all taxable property within the limits of the City, and are additionally payable from
and equally and ratably secured by a lien on and limited pledge of the Net Revenues (as
defined in the Ordinance) of the City's Waterworks System, except to the extent that the
enforceability of the Certificates and the provisions made for payment thereof may be
affected by bankruptcy, insolvency, reorganization, moratorium, or other similar laws
120385
Page 2 of Legal Opinion of Flilbright & Jaworski L:L.P.
RE:. $1,470,000 "City of Lubbock, Texas, Tax and Waterworks System (Limited
Pledge) Revenue Certificates ofObligation, Series 1993
affecting creditors' rights or the exercise of judicial discretion in accordance with the
general principles of equity.
IT IS FURTHER OUR OPINI,ON THAT, assuming continuing compliance after
the date hereof by.the City with the provisions of the· Ordinan.ce and in reliance upon
.representations and certifications of the City made fn a certificate of even date herewith
pertaining to the use, expenditure, and investment of the proceeds of the Certificates, (1)
interest on the Certificates will be excludable from the gross income, as defined in
section 61 of the Internal Revenue Code of 1986, as amended to the date hereof, of the
owners thereof for federal income tax purposes, pursuant to section 103 of such Code,
existing regulations, published rulings, and court decisions thereunder, and (2) interest
on the Certificates will not be included in computing the alternative minimum taxable
.income of the owners thereof who are 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 net book income, for tax
years beginning in 1989, or adjusted current earnings, for tax years beginning after 1989,
for purposes of calculating the alternative minimum taxable income of such corporations,
other than an S corporation, a qualified mutual fund, a real estate mortgage investment
conduit (REMIC), or a real estate investment trust (REIT). A corporation's alternative
minimum taxable income is the basis on which the alternative minimum tax imposed by
the Tax Reform Act of 1986 and the environmental tax imposed by the Superfund
Revenue Act of 1986 will be computed for tax years beginning after December 31, 1986.
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, 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.
120385
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No Text
Financial Advisory Services
Provided By
} FIRST SOUTilWEST COMPANY
INVESTMENT BANKERS
(
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CITY OF LUBBOCK, TEXAS
(Ulbbock County)
$2,550,000
AIRPORT GENERAL OBLIGATION BONDS, SERIES 1993
and
$3,625,000
TAX AND AIRPORT SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1993
Sealed Bids Due Thursday, October 14, 1993,
at 11:00 AM, CDT
• Amarllfo
• LUBBOCK
Fort Worth• •Dallas
•
* Austin
San Antonio
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NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
$1,550,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
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AIRPORT GENERAL OBLIGATION BONDS, SERIES 1993
Sealed Bids Due Thursday, October 14, 1993, at 11:00 AM, CDT
fflE SALE
Bonds Offered for Sale at Competitive Bidding
The City of Lubbock, Texas, is offering for sale its $2,550,000 Airport General Obligation Bonds, Series 1993 (the '"Bonds•).
Address of Bids
Sealed bids, plainly marked "Bid for Bonds", should be addressed and delivered to "Mayor and City Council, City of Lubbock,
Texas" and delivered to the City Secretary at the Municipal Complex, 1625 13th St., Lubbock, Texas, prior to 11 :00 AM, CDT,
on the date of the bid opening. All bids must be submitted on the Official Bid Form, without alteration or interlineation.
Place and Tune of Bid Opening
The bids for the Bonds will be publicly opened and read in the City Council Chambers, Municipal Complex, at 11:00 AM,
CDT, Thursday, October 14, 1993.
Award of the Bonds
The City Council will take action to award the Bonds (or reject all bids) immediately following the bid opening and adopt an
ordinance authorizing the Bonds and approving the Official Statement (the "Ordinance").
fflE BONDS
Description
the Bonds will be dated October 1, 1993 (the "Bond Date"), and interest will be due on August 15, 1994, and on each
August 15 and February 15 thereafter until the earlier of maturity or prior redemption. The Bonds will be issued only in fully
registered form in any integral multiple of $5,000 for any one maturity. The Bonds will mature on February 15 in each year
as follows:
Principal Principal Principal
.Y£I!!. Amount Year Amount Year Amount
1995 $125,000 2002 $125,000 2008 $130,000
1996 125,000 2003 125,000 2009 130,000
1997 125,000 2004 125,000 2010 130,000
1998 125,000 2005 130,000 2011 130,000
1999 125,000 2006 130,000 2012 130,000
2000 125,000 2001 130,000 2013 130,000
2001 125,000 2014 130,000
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Book-Entry-Only System
The City intends to utilize the Book-Entry-Only System of The Depository Trust Company ("DTC"). See •Bond and Certificate
Information -Book-Entry-Only System" in the Official Statement.
Redemption
The City reserves the right, at its option, to redeem Bonds having rmited maturities on and after February 15, 2004, in whole
or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2003, or any date thereafter, at the
par value thereof plus accrued interest to the date fixed for redemption.
Paying Agent/Reg~trar
The initial Paying Agent/Registrar shall be NationsBank of Texas, N .A., Dallas, Texas (see "Bond and Certificate Information -
Paying Agent/Registrar" in the Official Statement).
Source of Payment
The Bonds constitute direct and voted general 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 t.axable property within the City, as provided in the
Ordinance.
Further details regarding the Bonds are set forth in the Official Statement.
CONDITIONS OF THE SALE
Type of Bids and Interest Rates
The Bonds will be sold in one block on an "All or None" basis, and at a price of not less than their par value plus accrued
interest to the date of delivery of the Bonds. AGGREGATE UNDERWRITERS' COMPENSATION MAY NOT EXCEED
2% OF THE ISSUE PRICE OF THE BONDS TO fflE PUBLIC EXCLUDING INTEREST PAID BY THE PUBLIC.
Bidders are invited to name the rate(s) of interest to be borne by the Bonds, provided that each rate bid must be in a multiple
of 1/8 of 1 % or 1/20 of 1 % and the effective interest rate must not exceed 15%. The highest rate bid may not exceed the
lowest rate bid by more than 2% in rate. No limitation is imposed upon bidders as to the number of rates or changes which
may be used., All Bonds of one maturity must bear one and the same rate. No bids involving supplemental interest rates will
be considered. Each bidder shall state in the bid the total interest cost in dollars and the effective interest rate determined
thereby (calculated in the manner prescribed by Article 717k-2, V ATCS), which shall be considered informative only and not
as a part of the bid.
Bas~ for Award
For the purpose of awarding the sale of the Bonds, the interest cost of each bid will be computed by determining, at the rate
or rates specified therein, the total dollar cost of all interest on the Bonds from the Bond Date to their respective maturities,
using the table of Bond Years herein, and deducting therefrom the premium bid (the "Net Interest Cost Calculation"). Subject
to the City's right to reject any or all bids and to waive any irregularities except time of filing, the Bonds will be awarded to
the bidder or syndicate account manager whose name first appears on the Official Bid Form (the "Purchaser") whose bid, based
on the Net Interest Cost Calculation, produces the lowest net effective interest cost to the City.
Good Faith Deposit
A Good Faith Deposit, payable to the "City of Lubbock, Texas", in the amount of $51,000.00, is required. Such Good Faith
Deposit shall be in the form of a Cashier's Check, or its equivalent, which is to be retained uncashed by the City pending the
Purchaser's compliance with the terms of the bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may
accompany the Official Bid Form or it may be submitted separately. If submitted separately, it shall be made available to the
City prior to the opening of the bids, and shall be accompanied by instructions from the bank on which drawn which authorize
its use as a Good Faith Deposit by the Purchaser who shall be named in such instructions. The Good Faith Deposit of the
Purchaser will be returned to the Purchaser upon payment for the Bonds. No interest will be allowed on the Good Faith
Deposit. In the event the Purchaser should fail or refuse to take up and pay for the Bonds in accordance with the bid, then said
check shall be cashed and accepted by the City as full and complete liquidated damages. The checks accompanying bids other
than the winning bid will be returned immediately after the bids are opened, and an award of the Bonds has been made.
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DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
CUSIP Numbers
It is anticipated that CUSIP identification numbers will appear on the Bonds, but neither the failure to print or type such number
on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser. to accept delivery
of and pay for the Bonds in accordance with the terms of this Notice of Sale and Bidding Instnictions and the terms of the
Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the Bonds shall be paid by the City;
provided, however, that the CU SIP Service Bureau charge for the assignment of the numbers shall be the responsibility of and
shall be paid for by the Purchaser.
Initial Delivery of Initial Bond
Initial Delivery will be accomplished by the issuance of one or more Initial Bonds (also called the "Bond" or "Bonds"), either
in typed or printed form, in the aggregate principal amount of $2,SS0,000, payable in stated installments to the.Purchaser, signed
by the Mayor and City Secret.ary, approved by the Attorney General, and registered and manually signed by dle Comptroller
of Public Accounts. Upon delivery of the Initial Bond, it shall be immediately cancelled and one Bond for ~ maturity will
be delivered and deposited with OTC in connection with DTC's Book-Entry-Only System. Initial Delivery will.be at the
principal office of the Paying Agent/Registrar. Payment for the Bonds must be made in immediately available funds for
unconditional credit to the City, or as otherwise directed by the City. The Purchaser will be given six busiriess days' notice
of the time fixed for delivery of the Bonds. It is anticipated that Initial Delivery of the Initial Bond(s) can be rifute on or about
November 18, 1993, and it is understood and agreed that the Purchaser will accept delivery and make payment for the Bonds
by 10:00 AM, CST, on November 18, 1993, or thereafter on the date the Bond is tendered for delivery, up~ and including
December 2, 1993. If for any reason the City is unable to make delivery on or before December 2, 1993,i the City shall
immediately contact the Purchaser and offer to allow the Purchaser to extend its offer for an additional thirty days. If the
Purchaser does not elect to extend its offer within six days thereafter, then its Good Faith Deposit will be returned, and both
the City and the Purchaser shall be relieved of any further obligation. In no event shall the City be liable for ~y damages by
reason of its failure to deliver the Bonds, provided such failure is due to circumstances beyond the City's t'ellll6nable control.
Conditions to Delivery
The obligation of the Purchaser to take up and pay for the Bonds is subject to the Purchaser's receipt of (a) the legal opinion
of Fulbright & Jaworski L.L.P ., DaJJas, Texas, Bond Counsel for the City ("Bond Counsel"), (b) the no-litigati~n certificate,
and (c) the certification as to the Official Statement, all as further described in the Official Statement. '
In order to provide the City with information required to enable it to comply with certain conditions of the Internal Revenue
Code of 1986 relating to the exemption of interest on the Bonds from the gross income of their owners, the Purchaser will be
required to complete, execute, and deliver to the City (on or before the 6th business day prior to the delivery df the Bonds) a
certification as to their "issue price" substantially in the form and to the effect attached hereto or accompanying this Notice of
Sale and Bidding Instructions. In the event the successful bidder will not reoffer the Bonds for aale, such certificate may be
modified in a manner approved by the City. In no event will the City (ail to deliver the Bonds as a result ~r the Initial
Purchaser's inability to sell a substantial amount o( the Bonds at a particular price prior to delivery. Each bidder, by
submitting its bid, agrees to complete, execute, and deliver such a certificate by the date of delivery of the Bonds, if its bid is
accepted by the City. It will be the responsibility of the Purchaser to. institute such syndicate reporting require~ents to make
such investigation, or otherwise to ascertain the facts necessary to enable it to make such certification with reasonable certainty.
Any questions concerning such certification should be directed to Bond Counsel. ' i
ugal Opinions
The Bonds are offered when, as and if issued, subject to the approval of the Attorney General of the State of Texas. Delivery
of and payment for the Bonds is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the effect that the Bonds
are valid and binding obligations of the City and that, assuming compliance by the City after the date of the Official Statement
with certain covenants described therein, interest on the Bonds will be excludable from gross income for federal 1income tax
purposes under existing Jaw, ~ with regard to any Bond for any period of time during which such Bond ts held by a
"substantial user" of any of the facilities financed with the proceeds of the Bonds or a "related person" within the Eeaning of
section 147(a) of the Internal Re-.-enue Code of 1986 (the "Code"). HOWEVER, INTEREST ON THE BONDS \WILL BE
INCLUDED IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE INCOME OF THE OWNERS .THEREOF
WHICH ARE INDIVIDUALS OR CORPORATIONS. See "Other Information• Tax Exemption• in the Officiiil,Statement.
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Certif"ication of Official Statement
At the time of payment for, and Initial Delivery of, the Bonds, the City will execute and deliver to the Purchaser a certificate
in the form set forth in the Official Statement.
Change in Tax Exempt Status
. 'i ,'
At any time before the Bonds are tendered for delivery, the Purchaser may withdraw its bid if the interest received by private
holders on certificates of the same type and character shall be declared to be taxable income under present federal income tax
laws, either by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared taxable or be
required to be taken into account in computing any federal income taxes, by the terms of any federal income tax law enacted
subsequent to the date of this Notice of Sale and Bidding Instructions.
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Financial. Advisor
GENERAL
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Bonds. The
Financial AdviSQr's fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance and delivery
of the Bonds. f'.h'st Southi,vest Company may submit a bid for the Bonds, either independently or as a member of a syndicate
organized to submit a bid for the Bonds. 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 !J.ny of the legal documents with respect to the federal income tax status of the Bonds, or the possible
impact of any present, pending or future actions taken by any legislative or judicial bodies.
Blue SI."}' L11ws
;
By. submission of its bid, the Purchaser represents that the sale of the Bonds in states other than Texas will be made only
pursuant to exemptions from registration or, where necessary, the Purchaser will register the Bonds in accordance with the
securities law of the states in which the Bonds are offered or sold. The City agrees to cooperate with the Purchaser, at the
Purchaser's written request and expense, in registering the Bonds or obtaining an exemption from registration in any state where
such action is necessary, provided, however, that the City shall not be obligated to execute a general or special consent to service
of process in any such jurisdiction.
Not an Offer to Sell
This !'1 oti.ce of ~ale and Bidding Instructions does not alone constitute an offer to sell the Bonds, but is merely notice of the sale
of the Bonds. _The offer to sell the Bonds is being made by means of the Notice of Sale and Bidding Instructions, the Official
Bid Form and !h,e Official Statement. Prospective purchasers are urged to carefully examine the Official Statement to determine
the investment quality of the Bonds.
Issuance of Additional Debt
$19,215,000 General OWgation Bonds, Series 1993, $3,625,000 Tax and Airport Surplus Revenue Certificates of Obligation,
Series 1993, and $1,470,000 Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1993,
are also being offered for sale October 14, 1993.
Following sale and issuan~ of the above Bonds and Certificates, the City will have $14,937,000 authorized but unissued general
obligation bonds. Of these the City's preliminary plans are to sell !J.Pproximately $5,420,000 in 1995, $3,300,000 in 1996,
$1,320,000 in 1997 and $1,159,000 in 1998, totaling $11,199,000; there are no present plans to sell $3,738,000 of the
authorized bonds. The. City has no other current plans for the sale and issuance of additional general obligation debt.
Ratings
The presently outstanding tax supported debt of the City is rated "Aa" by Moody's Investors Seivice, Inc. ("Moody's") and
"AA" by Standard & ·Poor's Corporation ("S&Ptt), .Applications for contract ratings on this issue have been made to both
Moody's and S&P. The.results of their determinations will be provided as soon as possible.
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Municipal Bond Insurance I
In the event the Bonds are qualified for municipal bond insurance, and the Purchaser desires to purchase such insurance, the
cost therefor will be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of said insuntnce ~
paid by the City. It will be the responsibility of the Purchaser to disclose the existence of insurance, jts terms arid the effect
thereof with respect to the reoffering of the Bonds. i
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The Official Statement and Compliance with SEC Rule 1Sc2--12 \
The City has prepared the accompanying Official Statement and, for the limited purpose of complying with SEC Rule 1Sc2-12,
deems such Official Statement to be final as of its date within the meaning of such Rule for the purpose of revi~ prior to
bidding. Representations made and to be made by the City concerning the absence of material misstatements and oblissions in
the Official Statement are addressed elsewhere in this Notice of Sale and Bidding Instructions and in the Official SJatement.
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The City will furnish to the Purchaser, or Purchasers, acting through a designated senior representative, in t.ccor~ce with
instructions received from the Purchaser(s), within seven (1) business days from the sale date an aggregate oflOO copies of the
Official Statement including a like number of copies of a Supplement reflecting interest rates and other' tenns :relating to the
initial reoffering of the Bonds. The cost of preparation of the Supplement, or of a reprinted Official Statem¢nt, if the
Purchaser(s) shall so elect, and the cost of any Official Statement in excess of the number specified shall be prepared and
distributed at the cost of the Purchaser(s). The Purchaser(s) shall be responsible for providing in writing the initial reotiering
prices and other tenns, if any, to the Financial Advisor by the close of the next business day after the award. Except as noted
above, the City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official Statement
in connection with the offering or reoffering of the subject securities. I
Additional Copies of Notice, Bid Form and Statement
A limited number of additional copies of this Notice of Sale and Bidding Instructions, the Official Bid Fonn and th~ Official
Statement, as available over and above the nonnal mailing, may be obtained at the offices of First Southwest Company'
Investment Bankers, 1700 Pacific Avenue, Suite SOO, Dallas, Texas 75201, Financial Advisor to the City. !
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On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Bonds, confirm its aiwroval of
lhe form and content of lhe Official Statement, and any addenda, supplement or amendment thereto, and aulhorize its use in lhe
reoffering of the Bonds by the Purchaser. \
ATTEST:
BETTY M. JOHNSON
City Secretary
September 9, 1993
• V.
DAVID R. LANGSTON
Mayor
City of Lubbock, Texas
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BONO YEARS
Accumulated Year Amount Bond Years Bond Years Year
1995 $ 125,000 171.528 171. 528 1995
1996 125,000 296.528 468.056 1996
1997 125,000 421.528 889.584 1997
1998 125,000 546.528 1,436.112 1998
1999 125,000 671.528 2,107.640 1999
2000 125,000 796.528 2,904.168 2000
2001 125,000 921. 528 3,825.696 2001
2002 125,000 1,046.528 4,872.224 2002
2003 125,000 1,171.528 6,043.752 2003
2004 125,000 1,296.528 7,340.280 2004
2005 130,000 1,478.389 8,818.669 2005
2006 130,000 1,608.389 10,427.058 2006
2007 130,000 1,738.389 12,165.447 2007
2008 130,000 1,868.389 14,033.836 2008
2009 130,000 1,998.389 16,032.225 2009
2010 130,000 2,128.389 18,160.614 2010
2011 130,000 2,258.389 20,419.003 2011
2012 130,000 2,388.389 22,807.392 · 2012
2013 130,000 2,518.389 25,325.781 2013
2014 130,000 2,648.389 27,974.170 2014
Average Maturity ---------····--------------------10.970 Years
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Honorable Mayor and City Council
City of Lubbock, Texas
Members of the City Council:
OFFICIAL BID FORM
October 14, 1993
Reference is made to your Official Statement and Notice of Sale and Bidding Instructiona, dated September 9, 1993, of $2,550,000 CITY OF
LUBBOCK, TEXAS AIRPORT GENERAL OBLIGATION BONDS, SERIES 1993, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Notice of Sale and Bidding Instructions and Official Statement, we .will pay you par and accrued
interest from date of issue to date of delivery to us, plus a cash premium of $'------for Bonds maturing and bearing interest as followa:
Principal Interest Principal Interest Principal Interest
Maturitt Amount Rate Maturitt Amount Rate Maturity Amount Rate
2-15-1995 $125,000 ---% 2-15-2002 $125,000 __ % 2-15-2008 $130,-000 %
2-15-1996 125,000 __ % 2-15-2003 125,000 % ---2-15-2009 130,000 %
2-15-1997 125,000 ---% 2-15-2004 125,000 __ % 2-15-2010 130,000 %
2-15-1998 125,000 --" 2-15-2005 130,000 ---% 2-15-2011 130,000 %
2-15-1999 125,000 --" 2-15-2006 130,000 % ---2-15-2012 130,000 %
2-15-2000 125,000 ---% 2-15-2007 130,000 __ % 2-15-2013 130,000 %
2-15-2001 125,000 ---% 2-15-2014 130,000 %
Our calculation (which is not a part of this bid) of the interest cost from the above is:
Total Interest Cost s
Less Premium
NET JNTEREST COST s
EFFECTIVE JNTEREST RATE %
We are having the Bonds of the following maturities insured
by at a premium of$ , §aid uremium 1!! ~ l!i!!d h! the fyrchaser, Any
fees to be paid to the rating agencies as a result of said insurance will be paid by the City.
The Initial Bond shall be registered in the name of------------,---.,---,-,------,-• We will advise The Depository Trust
Company ("DTC ") of registration instructions at least five business days prior to the date set for Initial Delivery.
A bank cashier's check or certified check of the ______________ Bank,---------,----,---,-• in the
amount of $51,000.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this
bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Bonds utilizing the Book-Entry-Only System through DTC and make payment for the Initial 1lond in immediately
available funds in the Corporate Trust Division, NationsBank of Texas, N.A., Dallas, Texas, not later than 10:00 AM, CST, on November 18, 1993,
or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding Instructions.
The undersigned agrees to complete, execute, and deliver to the City, at lesst six business days prior to delivery of the Bonds,' a certificate relating
to the "issue price• of the Bonds in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with ~ch changes thereto
as may be acceptable to the. City.
We agree to provide iD writiug the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of the next business
day after the award.
Respectfully submitted,
By ________________ _
Authorized Representative
ACCEPl'ANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Lubbock, Texas, subject to and in accordance with the Notice of Sale and
Bidding Instructiorui, this the 14th day of October, 1993. '
ATTEST: Mayor
City of Lubbock, Texas
City Secretary
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ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of $2,550,000 CITY OF LUBBOCK, TEXAS AIRPORT GENERAL
OBLIGATION BONDS, SERIES 1993 (the "Bonds"): .
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which has purchased the Bonds from City
of Lubbock, Texas (the "Issuer") at competitive sale. ·
2. The undersigned and/or one or more other members of the underwriling syndicate, if any, have made a bona fide offering to the
public of the Bonds of each maturity at the respective prices set forth below.
3. The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued ~) for the Bonds
of each maturity at which a substantial amount of the Bonds of such maturity was sold to the public is as set forth below:
Principal Offering Principal Offering
Amount Year of Price Amount· Year of Price
Maturing Maturin'. (I/Yield} Maturing Maturin'. (%/Yield)
$125,000 1995 % $130,000 2005 111,
125,000 1996 '6 130,000 2006 '6
125,000 1997 '6 130,000 2007 '6
125,000 1998 % 130,000 2008 %
125,000 1999 % 130,000 2009 %
125,000 2000 % 130,000 2010 %
125,000 2001 % 130,000 2011 %
125,000 2002 '6 130,000 2012 %
125,000 2003 % 130,000 2013 %
125,000 2004 '6 130,000 2014 %
4. The term "public,• as used herein, means persons other than bondhouses, brokers, dealers, and similar persons ~ organizations
acting in the capacity of underwriters or wholesalers. '
S. The offering prices described above reflect current market prices at the time of such sales.
6. The undersigned and/or one or more other members of the underwriting syndicate, as the case may be, (have)(have)iot) purchased
bond insurance for the Bonds. The bond insurance, if any, has been purchased from ________ (the "Insurer") for a
premium cost of$ ______ (net of any nonguarantee cost, e.g., rating agency fees). The amount of such dost is set forth
in the Insurer's commitment and is separately stated from all other fees or charges payable to the Insurer. The premium does not
exceed a reasonable charge for the transfer of credit risk taking into account payments charged by guarantors in comparable
transactions (including transactions in which a guarantor has no involvement other than as a guarantor). The prescitt value of the
debt service savings expected to be realized as a result of such insurance, discounted at a rate equal to the yield on the Bonds which
results after recovery of the insurance premium, exceeds the present value of the bond insurance premium.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort to comply with the
conditions imposed by the Internal Revenue Code of 1986, as amended, on the excludability of interest on the Bonds from the gross
income of their owners.
EXECUTED and DELIVERED this _____ day of ______ _, 1993.
(Name of Underwriter or Manager)
By:-------------
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NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
$3,625,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993
Sealed Bids Due Thursday, October 14, 1993, at 11:00 AM, CDT
THE SALE
Certificates Offered for SaJe at Competitive Bidding
The City of Lubbock, Texas, is offering for sale its $3,625,000 Tax and Airport Surplus Revenue Certificates of Obligation,
Series 1993 (the "Certificates").
Address of Bids
Sealed bids, plainly marked "Bid for Certificates", should be addressed and delivered to "Mayor and City Council, City of
Lubbock, Texas• and delivered to the City Secretary at the Municipal Complex, 1625 13th St., Lubbock, Texas, prior to 11:00
AM, CDT, on the date of the bid opening. All bids must be submitted on the Official Bid Form, without alteration or
interlineation.
Place and Time of Bid Opening
The bids for the Certificates will be publicly opened and read in the City Council Chambers, Municipal Complex, at 11:00 AM,
CDT, Thursday, October 14, 1993.
Award of the Certif'1Cates
The City Council will take action to award the Certificates (or reject all bids) immediately following the bid opening and adopt
an ordinance audiorizing the Certificates and approving the Official Statement (the •Ordinance").
THE CERTIFICATES
Description
The Certificates will be dated October 1, 1993 (the "Certificate Date"), and interest will be due on August 15, 1994, and on
each February 15 and August 15 thereafter until the earlier of maturity or prior redemption. The Certificates will be issued only
in fully registered form in any integral multiple of $5,000 for any one maturity. The Certificates will mature on February 15
in each year as follows:
Principal Principal Principal
.Y.er. Amount Year Amount Year Amount
1995 $180,000 2002 $180,000 2008 $180,000
1996 180,000 2003 180,000 2009 180,000
1997 180,000 2004 180,000 2010 185,000
1998 180,000 2005 180,000 2011 185,000
1999 180,000 2006 180,000 2012 185,000
2000 180,000 2007 180,000 2013 185,000
2001 180,000 2014 185,000
Book-Entry-Only System
The City intends to utilize the Book-Entry-Only System of The Depository Trust Company ("DTC"). See "Bond and Certificate
Information -Book-Entry-Only System" in the Official Statement.
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Redemption
The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2004, in
whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2003, or any date thereafter,
at the par value thereof plus accrued interest to the date fixed for redemption.
Paying Agent/Registrar
The initial Paying Agent/Registrar shall be NationsBank of Texas, N .A., Dallas, Texas (see "Bond and Certificate Information -
Paying Agent/Registrar" in the Official Statement).
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 pledge
of surplus revenues of the City's Airport, as provided in the Ordinance.
Further details regarding the Certificates are set forth in the Official Statement.
CONDITIONS OF THE SALE
Type of Bids and Interest Rates
The Certificates will be sold in one block on an "All or None" basis, and at a price of not less lhan their par value plus accrued
interest to the date of delivery of the Certificates. AGGREGATE UNDERWRITERS' COMPENSATION MAY NOT
EXCEED 2% OF THE ISSUE PRICE OF THE CERTIFICATES TO THE PUBLIC EXCLUDING INTEREST PAID BY
THE PUBLIC. Bidders are invited to name the rate(s) of interest to be borne by the Certificates, provided lhat each rate bid
must be in a multiple of 1/8 of l % or l/20 of 1 % and lhe effective interest rate must not exceed 15%. The highest rate bid
may not exceed the lowest rate bid by more than 2 % in rate. No limitation is imposed upon bidders as to lhe number of rates
or changes which may be used. All Certificates of one maturity must bear one and the same rate. No bids involving
supplemental interest rates will be considered. Each bidder shall state in lhe bid the total interest cost in dollars and the effective
interest rate determined thereby (calculated in the manner prescribed by Article 717k-2, V ATCS), which shall be considered
informative only and not as a part of the bid.
Basis for Award
For the purpose of awarding the sale of the Certificates, the interest cost of each bid will be computed by determining, at lhe
rate or rates specified therein, lhe total dollar cost of all interest on lhe Certificates from the Certificate Date to their respective
maturities, using lhe table of Bond Years herein, and deducting therefrom the premium bid (the "Net Interest Cost Calculation"),
Subject to lhe City's right to reject any or all bids and to waive any irregularities except time of filing, the Certificates will be
awarded to the bidder or syndicate account manager whose name first appears on the Official Bid Form (the "Purchaser") whose
bid, based on the Net Interest Cost Calculation, produces the lowest net effective interest cost to the City.
Good Faith Deposit
A Good Faith Deposit, payable to the "City of Lubbock, Texas", in the amount of $72,500.00, is required. Such Good Faith
Deposit shall be in the form of a Cashier's Check, or its equivalent, which is to be retained uncashed by the City pending the
Purchaser's compliance with the terms of the bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may
accompany the Official Bid Form or it may be submitted separately. If submitted separately, it shall be made available to the
City prior to the opening of the bids, and shall be accompanied by instructions from the bank on which drawn which authorize
its use as a Good Faith Deposit by lhe Purchaser who shall be named in such instructions, The Good Faith Deposit of the
Purchaser will be returned to the Purchaser upon payment for the Certificates. No interest will be allowed on lhe Good
Faith Deposit. In lhe event the Purchaser should fail or refuse to take up and pay for the Certificates in accordance with the
bid, then said check shall be cashed and accepted by the City as full and complete liquidated damages. The checks
accompanying bids other lhan the winning bid will be returned immediately after the bids are opened, and an award of the
Certificates has been made.
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DELIVERY OF THE CERTIFICATES AND ACCOMPANYING DOCUMENTS
CUSIP Numbers
It is anticipated that CUSIP identification numbers will appear on the Certificates, but neither the failure to print or type such
number on any Certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser to
accept delivery of and pay for the Certificates in accordance with the terms of this Notice of Sale and Bidding Instructions and
the terms of the Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the Certificates shall
be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of the numbers shall be the
responsibility of and shall be paid for by the Purchaser.
Initial Delivery of Initial Certificate
Initial Delivery will be accomplished by the issuance of one or more Initial Certificates (also called the "Certificate" or
"Certificates"), either in typed or printed form, in the aggregate principal amount of $3,625,000, payable in stated installments
to the Purchaser, signed by the Mayor and City Secretuy, approved by the Attorney General, and registered and manually
signed by the Comptroller of Public Accounts. Upon delivery of the Initial Certificate, it shall be immediately cancelled and
one Certificate for each maturity will be delivered and deposited with OTC in connection with DTC's Book-Entry-Only System.
Initial Delivery will be at the principal office of the Paying Agent/Registrar. Payment for the Certificates must be made in
immediately available funds for unconditional credit to the City, or as otherwise directed by the City. The Purchaser will be
given six business days' notice of the time fixed for delivery of the Certificates. It is anticipated that Initial Delivecy of the
Initial Certificate(s) can be made on or about November 18, 1993, and it is understood and agreed that the Purchaser will accept
delivery and make payment for the Certificates by 10:00 AM, CST, on November 18, 1993, or thereafter on the date the
Certificate is tendered for delivecy, up to and including December 2, 1993. If for any reason the City is unable to make
delivery on or before December 2, 1993, the City shall immediately contact the Purchaser and offer to allow the Purchaser to
extend its offer for an additional thirty days. If the Purchaser does not elect to extend its offer within six days thereafter, then
its Good Faith Deposit will be returned, and both the City and the Purchaser shall be relieved of any further obligation. In no
event shall the City be liable for any damages by reason of its failure to deliver the Certificates, provided such failure is due
to circumstances beyond the City's reasonable control.
Conditions to Delivery
The obligation of the Purchaser to take up and pay for the Certificates is subject to the Purchaser's receipt of (a) the legal
opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, Bond Counsel for the City ("Bond Counsel"), (b) the no-litigation
certificate, and (c) the certification as to the Official Statement, all as further described in the Official Statement.
In order to provide the City with information required to enable it to comply with certain conditions of the Internal Revenue
Code of 1986 relating to the exemption of interest on the Certificates from the gross income of their owners, the Purchaser will
be required to complete, execute, and deliver to the City (on or before the 6th business day prior to the delivecy of the
Certificates) a certification as to their "issue price" substantially in the form and to the effect attached hereto or accompanying
this Notice of Sale and Bidding Instructions. In the event the successful bidder will not reoffer the Certificates for sale, such
certificate may be modified in a manner approved by the City. In no event will the City fail to deliver the Certi.fJCates as
a result of the Initial Purchaser's inability to sell a substantial amount of the Certi.f'JCates at a particular price prior to
delivery. Each bidder, by submitting its bid, agrees to complete, execute, and deliver such a certificate by the date of delivecy
of the Certificates, if its bid is accepted by the City. It will be the responsibility of the Purchaser to institute such syndicate
reporting requirements to make such investigation, or otherwise to ascertain the facts necessary to enable it to make such
certification with reasonable certainty. Any questions concerning such certification should be directed to Bond Counsel.
Legal Opinions
The Certificates are offered when, as and if issued, subject to the approval of the Attorney General of the State of Texas.
Delivery of and payment for the Certificates is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the effect
that the Certificates are valid and binding obligations of the City and that, assuming compliance by the City after the date of
the Official Statement with certain covenants described therein, interest on the Certificates will be excludable from gross income
for federal income tax purposes under existing law, ~ with regard to any Certificate for any period of time during which
such Certificate is held by a •substantial user" of any of the facilities financed with the proceeds of the Certificates or a "related
person• within the meaning of section 147(a) of the Internal Revenue Code of 1986 (the •code"). HOWEVER, INTEREST
ON THE CERTIFICATES WILL BE INCLUDED IN COMPUTING THE ALTERNATIVE :MINIMUM TAXABLE
INCOME OF THE OWNERS THEREOF WHICH ARE INDIVIDUALS OR CORPORATIONS. See "Other Information -
Tax Exemption" in the Official Statement.
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Certification of Official Statement
At the time of payment for, and Initial Delivery of, the Certificates, the City will execute and deliver to the Purchaser a
certificate in the form set forth in the Official Statement.
Change in Tax Exempt Status
At any time before the Certificates ate tendered for delivery, the Purchaser may withdraw its bid if the interest received by
private holders on certificates of the same type and character shall be declared to be taxable income under present federal income
tax laws, either by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared taxable
or be required to be taken into account in computing any federal income taxes, by the terms of any federal income tax law
enacted subsequent to the date of this Notice of Sale and Bidding Instructions.
GENERAL
Financial Advisor
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The
Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and
delivery of the Certificates. First Southwest Company may submit a bid for the Certificates, either independently or as a
member of a syndicate organized to submit a bid for the Certificates. 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 Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies.
Blue Sky Laws
By submission of its bid, the Purchaser represents that the sale of the Certificates in states other than Texas will be made only
pursuant to exemptions from registration or, where necessary, the Purchaser will register the Certificates in accordance with
the securities law of the states in which the Certificates are offered or sold. The City agrees to cooperate with the Purchaser,
at the Purchaser's written request and expense, in registering the Certificates or obtaining an exemption from registration in any
state where such action is necessary, provided, however, that the City shall not be obligated to execute a general or special
consent to service of process in any such jurisdiction.
Not an Offer to SelJ
This Notice of Sale and Bidding Instructions does not alone constitute an offer to sell the Certificates, but is merely notice of
the sale of the Certificates. The offer to sell the Certificates is being made by means of the Notice of Sale and Bidding
Instructions, the Official Bid Form and the Official Statement. Prospective purchasers are urged to carefully examine the
Official Statement to determine the investment quality of the Certificates.
Issuance of Additional Debt
$19,215,000 General Obligation Bonds, Series 1993, $2,550,000 Airport General Obligation Bonds, Series 1993, and $1,470,000
Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1993, are also being offered for sale
October 14, 1993.
Following sale and issuance of the above Bonds and Certificates, the City will have $14,937,000 authorized but unissued general
obligation bonds. Of these the City's preliminary plans are to sell approximately $5,420,000 in 1995, $3,300,000 in 1996,
$1,320,000 in 1997 and $1,159,000 in 1998, totaling $11,199,000; there are no present plans to sell $3,738,000 of the
authorized bonds. The City has no other current plans for the sale and issuance of additional general obligation debt.
Ratings
The presently outstanding tax supported debt of the City is rated "Aa" by Moody's Investors Service, Inc. ("Moody's") and
• AA" by Standard & Poor's Corporation ("S&P"). Applications for contract ratings on this issue have been made to both
Moody's and S&P. The results of their determinations will be provided as soon as possible.
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Municipal Bond Insurance
In the event the Certificates are qualified for municipal bond insurance, and the Purchaser desires to purchase such insurance,
the cost therefor will be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of said insurance will
be paid by the City. It will be the responsibility of the Purchaser to disclose the existence of insurance, its terms and the effect
thereof with respect to the reoffering of the Certificates ..
The Ofilcial Statement and Compliance with SEC Rule 1Sc2-U
The City has prepared the accompanying Official Statement and, for the limited purpose of complying with SEC Rule 1Sc2-l 2,
deems such Official Statement to be final as of its date within the meaning of such Rule for the purpose of review prior to
bidding. Representations made and to be made by the City concerning the absence of material misstatements and omissions in
the Official Statement are addressed elsewhere in this Notice of Sale and Bidding Instructions and in the Official Statement.
The City will furnish to the Purchaser, or Purchasers, acting through a designated senior representative, in accordance with
instructions received from the Purchaser(s), within seven (1) business days from the sale date an aggregate of 100 copies of the
Official Statement including a like number of copies of a Supplement reflecting interest rates and other terms relating to the
initial reoffering of the Certificates. The cost of preparation of the Supplement, or of a reprinted Official Statement, if the
Purchaser(s) shall so elect, and the cost of any Official Statement in excess of the number specified shall be prepared and
distributed at the cost of the Purchaser(s). The Purchaser(s) shall be responsible for providing in writing the initial reoffering
prices and other terms, if any, to the Financial Advisor by the close of the next business day after the award. Except as noted
above, the City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official Statement
in connection with the offering or reoffering of the subject securities.
Additional Copies of Notice, Bid Form and Statement
A limited number of additional copies of this Notice of Sale and Bidding Instructions, the Official Bid Form and the Official
Statement, as available over and above the normal mailing, may be obtained at the offices of First Southwest Company,
Investment Bankers, 1700 Pacific Avenue, Suite 500, Dallas, Texas 75201, Financial Advisor to the City.
On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Certificates, confirm its approval
of the form and content of the Official Statement, and any addenda, supplement or amendment thereto, and authorize its use
in the reoffering of the Certificates by the Purchaser.
ATTEST:
BETTY M. JOHNSON
City Secretary
September 9, 1993
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DAVID R. LANGSTON
Mayor
City of Lubbock, Texas
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BOND YEARS
Accumulated Year Amount Bond Years Bond Years Year
1995 $ 180,000 247.000 247.000 1995
,-., 1996 180,000 427.000 674.000 1996
1997 180,000 607.000 1,281.000 1997
1998 180,000 787.000 2,068.000 1998
1999 180,000 967.000 3,035.000 1999
2000 180,000 1,147.000 4,182.000 2000
2001 180,000 1,327.000 5,509.000 2001
2002 180,000 1,507.000 7,016.000 2002
2003 180,000 1,687.000 8,703.000 2003
2004 180,000 1,867.000 10,570.000 2004
2005 180,000 2,047.000 12,617.000 2005
2006 180,000 2,227.000 14,844.000 2006
2007 180,000 2,407.000 17,251.000 2007
2008 180,000 2,587.000 19,838.000 2008
2009 180,000 2,767.000 22,605.000 2009
2010 185,000 3,028.861 25,633.861 2010
2011 185,000 3,213.861 28,847.722 2011
2012 185,000 3,398.861 32,246.583 2012
2013 185,000 3,583.861 35,830.444 2013
2014 185,000 3,768.861 39,599.305 2014
Average Maturity ---------~-----------------------10.924 Years
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Honorable Mayor and City Council
City of Lubbock, Texas
Members of the City Council:
OfflCIAL BID FORM
October 14, 1993
Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated September 9, 1993, of $3,625,000 CITY OF
LUBBOCK, TEXAS TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993, both of which constitute
a part hereof.
For your legally issued Certificates, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and
accrued interest from date of issue to date of delivery to us, plus a cash premium of$. _____ for Certificates maturing and bearing interest
as follows:
Principal Interest Principal Interest Principal Interest
Maturitt Amount Rate Maturitt Amount Rate Maturitt Amount Rate
2-15-1995 $180,000 __ 'II\ 2-15-2002 $180,000 __ 'II\ 2-15-2008 $180,000 'II\
2-15-1996 180,000 ---'II\ 2-15-2003 180,000 __ % 2-15-2009 180,000 'II\
2-15-1997 180,000 ---'II\ 2-15-2004 180,000 ---'II\ 2-15-2010 185,000 %
2-15-1998 180,000 % 2-15-2005 180,000 __ % 2-15-2011 185,000 % ---
2-15-1999 180,000 ---% 2-15-2006 180,000 __ % 2-15-2012 185,000 %
2-15-2000 180,000 ---% 2-15-2007 180,000 __ % 2-15-2013 185,000 %
2-15-2001 180,000 ---% 2-15-2014 185,000
Our calculation (which is not a part of this bid) of the interest cost from the above is:
Total Interest Cost $
Less Premium
NET INTEREST COST $
EFFECTIVE INTEREST RATE %
We are having the Certificates of the following maturities insured
by at a premium of$ , said uremium I! be Dllld bI the Purchaser. Any
fees to be paid to the rating 11genciesas a result of said insurance will be paid bv the City.
The Initial Certificate shall be registered in the name of-.,,-------------,-----.,,,_· We will advise The Depository Trust
Comp11ny ("OTC") of registration instructions at least five business days prior to the date set for Initial Delivery.
A bank cashier's check or certified check of the----------------Bank,-----,-----------• in the
amount of $72,500.00, which represents our Good Faith Deposit (is attllched hereto) or (has been made 11v11ilable to you prior to the opening of thi4
bid), and is mbmitted in accordance with the terms as set forth in the Official Statement and Notice of S11le •nd Bidding Instructions.
We agree to accept delivery of the Certificates utilizing the Book-Entry-Only System through DTC and make payment for the Initial Certificate in
immediately available funds in the Corporate Trust Division, NationsBsnk of Texas, N.A., Dallas, Texas, not later than 10:00 AM, CST, on
November 18, 1993, or thereafter on the date the Certificates are tendered for delivery, punuant to the terms set forth in the Notice of Sale and
Bidding Instructions.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Certificates, a certificate
relating to the "issue price• of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with such
changes thereto as may be acceptable to the City.
We agree to provide in writing the initial reoffering prices and other terms, if any, to the F'mancial Advisor by the close of the next business
day after the award.
Respectfully submitted,
By ________________ _
Authorized Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Lubbock, Texas, subject to and in accordance with the Notice of Sale and
Bidding Instructions, this the 14th day of October, 1993.
ATIEST: Mayor
City of Lubbock, Texas
City Secretary
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ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of $3,625,000 CITY OF LUBBOCK, TEXAS TAX AND AIRPORT
SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993 (the •Certificates"):
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which has purchased the Certificates from
City of Lubbock, Texas (the "Issuer") at competitive sale.
2. The undersigned and/or one or more other members of the underwriting syndicate, if any, have made a bona tide offering to the
public of the Certificates of each maturity at the respective prices set forth below.
3. The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued interest) for the
Certificates of each maturity at which a substantial amount of the Certificates of such maturity was sold to the public is as set forth
below:
Principal Offering Principal Offering
Amount Year of Price Amount Year of Price
Maturing MaturitI !!V:Xiet!:fi Maturing Matum (%/Yield}
$180,000 1995 % $180,000 2005 %
180,000 1996 % 180,000 2006 %
180,000 1997 % 180,000 2007 %
180,000 1998 % 180,000 2008 %
180,000 1999 % 180,000 2009 %
180,000 2000 % 185,000 2010 %
180,000 2001 % 185,000 2011 %
180,000 2002 % 185,000 2012 %
180,000 2003 % 185,000 2013 %
180,000 2004 % 185,000 2014 %
4. The term "public," as used herein, means persons other than bondhouses, brokers, dealers, and similar persons or organizations
acting in the capacity of underwriters or wholesalers.
5. The offering prices descrihed above reflect current market prices at the time of such sales.
6. The undersigned and/or one or more other members of the underwriting syndicate, as the case may be, (have)(have not) purchased
bond insurance for the Certificates. The bond insurance, if any, has been purchased from ________ (the "Insurer")
for a premium cost of$ ______ (net of any nonguarantee cost, e.g., rating agency fees). The amount of such cost is set
forth in the Insurer's commitment and. is separately stated from all other fees or charges payable to the Insurer. The premium does
not exceed a reasonable charge for the transfer of credit risk taking into account payments charged by guarantors in comparable
transactions (including transactions in which a guarantor has no involvement other than as a guarantor). The present value of the
debt service savings expected to be realized as a result of such insurance, discounted at a rate equal to the yield on the Certificates
which results after recovery of the insurance premium, exceeds the present value of the bond insurance premium.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort to comply with the
conditions imposed by the Internal Revenue Code of 1986, as amended, on the excludability of interest on the Certificates from the
gross income of their owners.
EXECUTED and DBLlVERED this _____ day of ______ .., 1993.
(Name of Underwriter or Manager)
By:------------
Title
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NEW ISSUE -Book-Entry-Only
OfflCIM.. STATEMENT
Dated September 9, 1993
In the opinion of Bond Counsel, assuming compliance by the City after the date hereof with certain covenants described herein, interest on the Bonds
will be excludable from gross income for federal income tax purposes under existing Jaw, except with regard to any Bond for any period of time during
which such Bond is held by a "substantial user" of any of the facilities financed with the proceeds of the Bonds or a "related person" within the
meaning of section 147(a) of the Internal Revenue Code of 1986 (the "Code"). HOWEVER, INTEREST ON THE BONDS WILL BE INCLUDED
IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE INCOME OF THE OWNERS THEREOF WHICH ARE INDIVIDUALS
OR CORPORATIONS. See "Other Information -Tax Exemption".
Dated: October 1, 1993
$.2,550,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
AIRPORT GENERAL OBUGATION BONDS, SERIES 1993
Due: Febniary 15, as shown below
Interest on the $2,550,000 City of Lubbock, Tens (the "City") Airport General Obligation Bonds, Series 1993 (the "Bonds") will accrue from the
dated date as shown above and will be payable February 15 and August 15 of each year, commencing August 15, 1994, and will be calculated on
the basis of a 360-day year of twelve 30-day months. The City intends to utilize the Book-Entry-Only System of The Depository Trust Company
("OTC"), but reserves the right on its behalf or on the behalf of OTC to discontinue such system. Such Book-Entry-Only System will affect the
method and timing of payment and the method of transfer (see "Bond and Certificate Information -Book-Entry-Only System").
These Bonds were authorized at an election held May 1, 1993, and are direct and voted general 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 within the City, as provided in the
ordinance authorizing the Bonds (the "Ordinance") (see "Bond and Certificate Information • Authority for Issuance and Security for Bonds").
The initial Paying Agent/Registrar shall be the NationsBank of Texas, N.A., Dallas, Texas (see "Bond and Certificate Information -Paying
Agent/Registrar").
Proceeds from the sale of the Bonds will be used for heating, ventilating, air conditioning and roofing improvements to the air terminal at the City's
airport and to pay costs of issuance.
l\lATURITY SCHEDULE
Price Price
or or
Amount Maturitt .B!1! Yield Amount Maturitt Rate Yield
$125,000 1995 $130,000 2005
125,000 1996 130,000 2006
125,000 1997 130,000 2007
125,000 1998 130,000 2008
125,000 1999 130,000 2009
125,000 2000 130,000 2010
125,000 2001 130,000 2011
125,000 · 2002 130,000 2012
125,000 2003 130,000 2013
125,000 2004 130,000 2014
The City reserves the right, at its option, to redeem Bonda having stated maturities on and after February 15, 2004, in whole or in part in principal
amounts of $5,000 or any integral multiple thereof, on February 15, 2003, or any date thereafter, at the par value thereof plus accrued interest to the
date fixed for redemption (see "Bond and Certificate Information -Redemption of Bonds and Certificates").
The presently outstanding tax supported debt of the City is rated • Aa" by Moody's Investors Service, Inc. ("Moody's") and • AA" by Standard &
Poor's Corporation ("S&P"). Requests for rating for the Bonds have been made to both rating services (see "Ratings").
The Bonds are offered for delivery when, as and if issued and received by the purchasers and subject to the approving opinion of the Attorney General
of the State of Texas and of Fulbright& Jaworski L.L.P ., Bond Counsel, Dallas, Tens. The legal opinion will be printed on or attached to the Bonds
(see Appendix B, "Form of Bond Counsel's Opinion -the Bonds").
It is expected that the Bonds will be tendered for delivery to the initial purchaser(s) through The Depositu1y Trust Company.
Delivery of the Bonds is anticipated on or about November 18, 1993.
THIS PAGE LEFT INTENTIONALLY BLANK.
2
OfflCIAL STATEMENT
Dated September ,. 1993
NEW ISSUE • Book-Entry-Ouly
In the opinion of Bond Counsel, assuming compliance by the City after the date hereof with certain covenants described herein, interest on the
Certificates will be excludable from grosa income for federal income tax purposes under existing law, !!!J!m with regard to any certificate for
any period of time during which IUCh certificate ia held by a "substantial user" of any of the facilities financed with the proceeds of the
Certificates or a "related person" within the meaning of aection 147(a) of the Internal Revenue Code of 1986 (the "Code"). HOWEVER,
INTEREST ON THE CERTinCATES Will, BE INCLUDED IN COMPUTING THE ALTERNA11VE MINIMUM TAXABLE
INCOl\.m OF THE OWNERS THEREOF WHICH ARE INDIVIDUALS OR CORPORATIONS. See "Other lnfonnation -Tax
Exemption".
$3,625,000
CITY OF LUBBOCK, TEXAS
(Lubbock County)
TAX AND AIRPORT SURPLUS REVENUE CERTinCATES OF OBUGATION, SERIES 1993
Dated: October I, 1993 Due: Febraary 15, as shown below
Interest on the $3,625,000 City of Lubbock:, Texas (the "City") Tax and Airport Surplus Revenue Certificates of Obligation, Series 1993 (the
"Certificates") will accrue from the dated date as thown above and will be payable February lS and August 15 of each year, commencing
August lS, 1994, and will be calculated on the basis of a 360-day year of twelve 30-day months. The City intends to utilize the Boot-Ent.ry-Only
System of The Depository Trust Company ("DTC"), but reserves the right on its behalf or on the behalf of DTC to discontinue sucb system.
Such Boot-Ent.ry-Only System will affect the method and timing of payment and the method of transfer (see "Bond and Certificate Information -
Boot-Entry-Only System").
These 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 (u) a pledge of surplus revenues of the City'•
Airport, as provided in the ordinance authorizing the Certificates (the "Ordinance") (see "Bond and Certificate Information "Authority for
Issuance and Security for Certificates").
The initial Paying Agent/Registrar thall be the NationsBank of Texas, N.A., Dallas, Texas (aee "Bond and Certificate Information -Paying
Agent/Registrar").
Proceeds from the sale of the Certificates will be used to pay contractual obligatiom incurred for construction of a taxiway and ramp for the
Airport freight development area, acquisition of a hangar at the airport and for professional services.
MATURITY SCHEDULE
Price Price
or or
Amount Maturi!! Rate Yield Amount !!faturi!I Rate Yield
$180,000 1995 $180,000 2005
180,000 1996 180,000 2006
180,000 1997 180,000 2007
180,000 1998 180,000 2008
180,000 1999 180,000 2009
180,000 2000 185,000 2010
180,000 2001 185,000 2011
180,000 2002 185,000 2012
180,000 2003 185,000 2013
180,000 2004 185,000 2014
The City reserves the right, at it1 option, to redeem Certificates having ltated maturities on and after February IS, 2004, in whole or in part
in principal amounts of $5,000 or any integral multiple thereof, on February lS, 2003, or any date thereafter, at the par value thereofplua
accrued interest to the date fixed fur redemption (aee "Bond and Certificate Information -Redemption of Bonds and Certificates").
The presently outstanding tax supported debt of the City is rated • Aa" by Moody's lnveston Service, Inc. ("Moody's") and • AA" by Standard
& Poor's Corporation ("S&P"). Requests for rating for the Certificates have been made to both rating Bervices (see "Ratings").
The Certificates are offered for delivery when, as and if issued and received by the purchasers and subject to the approving opinion of the
Attorney General of the State of Texas and of Fulbright & Jaworski L.L.P ., Bond Counsel, Dallas, Texa11. The legal opinion will be printed
on or attached to the Certificates (see Appendix C, "Form of Bond Counael'11 Opinion -the Certificates").
Jt is expected that the Certificates will be tendered for delivery to the initial purehaser(s) through The Depository Trust Company.
Delh·ery of the Certificates is anticipated OD or about November 18, 1993.
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THIS PAGE LEFT INTENTIONALLY BLANK.
4
No dealer, salesman, or any other person has been authorized to give any information or make any representation, other than
those contained herein, in connection with the offering of these Bonds or Certificates, and if given or made such information
or representation must not be relied upon. The information and expressions of opinion herein are subject to change without
notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, creme
any implication that there has been no change in the affairs of the City since the date hereof.
TABLE OF CONTENTS
OFFICIAL STATEMENT
Description of the Bonds . . . . . • . • . • • . • • 1
Description of the Certificates . . • . . . . . . . . 2
CITY ADMINISTRATION
Elected Officials • • . . . . . . . . . . • . • • . . 6
Appointed Officials • . • . . . . . • • . . . . . . . 6
Consultants and Advisors . . . . • . • . • • . . . 7
SELECTED DATA FROM THE OFFICIAL
STATEMENT . . . . . . . . . . . . . . . . . . . . 8
BOND AND CERTIFICATE INFORMATION
Authority for Issuance • • . . . . . . • • . . . . . 10
Security for the Bonds and the Certificates . . 10
Redemption of Bonds and Certificates • . • . . 12
Book-Entry-Only System . • . . . • . . . • • . . 12
Paying Agent/Registrar . . • • . . • • . . • . . • 13
Transfer, Exchange and Registration . . . . . . 14
Limitation on Transfer of Bonds and
Certificates Called for Redemption • . . • 14
Record Date for Interest Payment • . . . • . • • 14
Use of Bond Proceeds . . . . . . . . . . . . . . . 14
Sources and Uses of Funds• The Bonds ...•
Use of Certificate Proceeds ..•.......•.
Sources and Uses of Funds -The Certificates .
TAX INFORMATION
14
15
15
Ad Valorem Tax Law • . • . • • • • • • • • • • . 16
Valuation, Exemptions and Debt Obligations . 17
Taxable Assessed Valuations by Category • • . 19
Valuation and Funded Debt History • . • • • . • 20
Tax Rate, Levy and Collection History . • . • . 21
Ten Largest Taxpayers . . • • . . • • . • . • . . 22
Tax Rate Limitation • • . . • . • . • . . . . • . • 22
Assessed Valuations, Tax Rates, Outstanding
Debt and Authorized But Unissued Bonds
of Overlapping Taxing Jurisdictions 23
DEBT INFORMATION
Debt Service Requirements . . . . . . . . . • • • 24
Division of Debt Service Requirements • . • • • 25
Estimated Direct and Overlapping Funded Debt
Payable From Ad Valorem Taxes . . • . 26
Interest and Sinking Fund Budget Projection . 27
Computation of Self-Supporting Debt
The Waterworks System • • • . • . • . • . 27
The Sewer System . . . . . • . • • . . • . . 28
Solid Waste Disposal System . . • . . . • 28
Authorized General Obligation Bonds • • • . • • 29
Anticipated Issuance of Authorized General
Obligation Bonds and Other Obligations • 29
Funded Debt Limitation • . • . • . . . • . . . • • 29
Other Obligations . . . . . . • • . . . . • . • . • . 30
Pension Fund . . • . • . • . . . . • . . . • • . . . 33
5
FINANCIAL INFORMATION
General Fund Revenues and Expenditures 35
Municipal Sales Tax History . . • . . . • • • . • . . 35
Financial Policies . . . . . . • . . . . • . . . . • . • • 35
THE AIRPORT SYSTEM . . . . . . . . . . . . . . . . . 37
OTHER INFORMATION
Ratings • . . • . . • • . . . • . • . . . • . . • • . . • . 40
Tax Exemption . . . • . . • • • • • . . • • • . • . • . • 40
Tax Accounting Treatment of Discount/Premium Bonds
and Certificates • • • . . . . • . • . . • • . . • • 41
Litigation . • . . • . . . • . . • • . • • • • • • . • . • . 41
Registration and Qualification of Bonds and Certificates
for Sale . . . . • • . . • . • . • • . . . . . . . . 42
Legal Investments and Eligibility to Secure Public
Funds in Texas . • . • . . . . . . . . . . . . • . 42
Legal Opinions and No-Litigation Certificate . . . . 42
Authenticity of Financial Data and Other
Information • • . . . • . • • . • . . • • • • . . • 42
Financial Advisor • • . . . • . . . • . . . • , . • • . . 43
Certification of the Official Statement . • . . • • . • 43
APPENDICES
General Information Regarding the City • . . • . • A
Form of Bond Counsel's Opinion -the Bonds B
Form of Bond Counsel's Opinion -the Certificates C
EXCERPTS FROM THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT . . . . . . . . . . . . Enclosure
The cover page hereof, this page, the appendices included
herein, the Financial Statements, and any addenda,
supplement or amendment hereto, are part of the Official
Statement.
Elected Officials
City Council
David R. Langston
Mayor
Randy Neugebauer
Mayor Pro Tern and
Councilmember
Victor Hernandez
Councilmember, District 1
CITY ADl\.llNISTRA TION
Length
of Service
1 Year
1 Year
Elected
August 14, 1993
Term
Expires
May, 1994
May, 1994
May, 1994
Occupation
Attorney-at-Law
Investments
Attorney-at-Law
T .J. Patterson
Councilmember
13 Years May, 1996 Co-Publisher, South West Digest
M.J. "Bud" Aderton *
Councilmember
3 Years May, 1994 Retired
Max Ince
Councilmember
1 Year May, 1996 President, Ince Insurance Company
Alex "Ty" Cooke
Councilmember
1 Year May, 1996 Investments
* Mr. Aderton previously served as a Councilmember for 6 years 1978-1984.
Appointed Officials
Name
Bob Cass
John C. Ross, Jr.
Betty M. Johnson
J. Robert Massengale
James E. Bertram
David Ellison
Carroll McDonald
Bern Case
Rod Ellis
Van McVay
Leona Maxwell
Jeff Rippel
Lee Osborn
Larry Hoffman
Dan A. Hawkins
Don Bridgers
Don Stevens
Betsy Wood, CPA
City Manager
City Attorney
City Secretary
Position
Assistant City Manager for Financial Services
Assistant City Manager for Public Safety and Services
Assistant City Manager for Development Services
Assistant City Manager for Management Services
Assistant City Manager for Utilities
Director of Aviation
Director of Business Relations/Economic Development
Director of Civic Center
Director of Customer Services/Public Relations
Director of Library
Director of Parks and Recreation
Director of Transportation
Director of Water Utilities
Chief of Police
Fire Chief
Chief Accountant
6
Length of
Length of Employment
Time in With City
This Position of Lubbock
Appointed 17 Years
8-12-93
15 Years 15 Years
Appointed 3 Years
2-25-93
11 Years 13 Years
11 Years 23 Years
2 Years 2 Years
4 Years 14 Years
4 Years 4 Years
3 Years 9 Years
12 Years 14 Years
3 Years 34 Years
5 Years 11 Years
7 Years 7 Years
5 Years 5 Years
4 Years 6 Years
3 Years 25 Years
7 Years 7 Years
Appointed 8 Years
2-1-93
,...
Consultants and Advisors
Consulting Engineers for Lake Alan Herny
• ·-'" -'' "' • • j ~ t . ' . Freese and Nicho'8, Inc.
· Fort Worth, Te~ ·
Consuitmg Engineers for Wastewater Treatm~nt· and Dispo~ ~ject . : • ' : ••••••• : •••.. ~ ••••• ' i3Iack & Veatch .
Cons.u]ting Engineers for, Vial.er Treatment
Dallas, Texas
Parldilll,.Smith & Cooper, .Inc.
· · · · Lubbock, Texas ·.•
•••••••••••• •, •• fl, ••••••••••••• -••••••••• . ; .. ,, . . HOR Engineers
Dallas,Texas
Pa.rkhi8, Smith & Cooper, Inc.
Lubbock, Texas
Consulting Engineers for Clapp & Rogers Pool Fanning & Fanning
Lubbock, Tex.as
Consulting Engineers for Airport llV AC
Auditors
....................................... .. . Fanning & Fanning
Lubbock, Texas
,... Fi;roal Year Ending 9-30-92 . • . • . • • • • • . • • • . • • • • • • • • • • • . • • • • • • • • • • • • • Coopers & Lybrand
Fiscal Year Ending 9-30-93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lubbock, Texas
Robinson, Burdette & Martin, L.L.P •
Lubbock, Texas
Bond Counsel •.•.•.••.•..••••••••.•. · .••••••••.• : •.•••••••. ·• • . . • Fulbright & Jaworski L.L.P.'
Financial Advisor
For additional information regarding the City, please contact:
Mr. J. Robert Massengale
Assistant City Manager for Financial Services
City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
(806) 767-2015
7
or
Dallas,Texas
First Southwest Company
Dallas and Abilene, Texas
Mr. Joe W. Smith
First Southwest Company
P; O. Box 2754
Abilene, Texas 79604-2754
(915) 672-8432
SELECTED DATA FROM fflE OFFICIAL STATEMENT
The selec~ data on this page is subject in a1l respects to the more complete informatio~ and definitions contained or
incorporated in this Official Statement. The offering of the Bonds and the Certificates to potential investors is made only by
means of thia.entire Official Statement. No person is authorized to detach thia data page from thia Official Statement or to
otherwise use it without the entire Official Statement. ' . . . . .
This data page was prepared to present the purchasers of the Bonds and the Certificates information concerning the Bonds and
the Certifkates, revenues pledged to the Bonds and the Certificates, a description of the revenue base and other pertinent data,
all as more fully described herein.
The Issuer ........................
The Bonds .. • ... , ..... • .. _,--• .......... . . .. ; '~ . . '
The Certmcates . . : . . . . . . . . . . . . . . .
Security fo~ .the Bollds
Security for the Certificates
Optional Redemption . • • • . • • . . • • • • .
The City of Lubbock, Texas is a political subdivision· located in Lubbock
County operating as a home-rule city under the laws of the State of Texas
and a charter approved by the voters on December 27, 1917, and amended
from time to time. The Charter provides for the Council-Manager form of
government for the City. The Mayor is elected at-large for a two year term
ending in an even year. Each of the six members of the City Council res~des
in a separate single-member district and is elected by the qualified voters of
this district for a four year term. The terms of three members of the City
Council expire each even year. The Council formulates operating policy for
the City while the City Manager is the chief administrative officer. ·
Lubbock is the County Seat of Lubbock County, Texas, -.nd i,s located ort the
South Plains of West Texas· approximately 320 miles west of'Dallas. The
City's 1993 estimated population is 187,981. The City is approximately 104
square miles in area. Texas Tech University, ,a major State institution of
higher education, is located in Lubbock. · ·
The Bonds are being issued in the principal amount of $2,550,000 pursuant
to the general laws 'of the ·state of Texas; partic'ularly Article 1175, V ATCS,
and an Ordinance passed by the City Council of the City (see •Bond and
Certificate Information -Authority for Issuance").
The Certificates are being issued in the principal amount of $3,625,000
pursuant to the general laws .of the State of Te~, particularly Subchapter
C of Chapter 271, Texas Local Govemm~nt Cod~ (the Certificate of
Obligation Act of 1971), as amended, and an Ordinance passed by the City
Council of the City (see "Bond and Certificate Information -Auth~rity for
Issuance"). · · · · · ·
The Bonds constitute direct and voted general obligations ofthe City 'payable
from a continuing ad valorem tax levied on all taxable property.within the
City in an amotmt sufficient to provide for payment of principal. and interest
on all ad valorem tax debt, within the limits prescribed by law (see "Bond
and Certificate Information -Security for Bonds").
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 pledge of surplus revenues of the City's Airport
(see "Bond and Certificate Information • Security for Certificates").
The City reserves the right, at its option, to redeem Bonds and Certificates
having stated maturities on and after February 15, 2004, in whole or in part,
on February 15, 2003, or any date thereafter, at the par value thereof plus
accrued interest to the date fixed for redemption (see "Bond and Certificate
Information• Redemption of Bonds and Certificates").
8
Tax Exemption In · the opinion of Bond Counsel, the interest on the Bonds and the
Certificates will be excludable from gross income for federal income tax
purposes under existing law, except with regard.to any Bond or.Certificate
. for any period of time during which such Bond or Certificate is held by a
"substantial user" of any of the facilities financed with the proceeds of the
Bonds 01: the Certificates or a "related person" within the meaning of section
147(a) of the Internal Revenue Code of 1986 •. HOWEVER, INTEREST
ON THE BONDS AND THE CERTIFICATES WILL BE INCLUDED
IN COMPUTING fflE ALTERNATIVE MINIMUM TAXABLE
INCOME OF THE OWNERS THEREOF WHICH ARE INDIVIDUALS
OR CORPORATIONS. See "Other Information -Tax Exemption".
Use of Bond Proceeds • • • . . • • , • ·• . . . • Proceeds from the sale of the Bonds will be used for heating, ventilating, air
conditioning and roofing improvements to the air terminal at the City's
airport and to pay costs of issuance.
Use of Certificate Proceeds • • . . . . . • . . Proceeds from the sale of the Certificates will be used to pay contractual
obligations incurred for construction of a taxiway and ramp for the Airport
freight development area, acquisition of a hangar at the City's airport and for
professional services.
Payment Record .................. The City has never defaulted.
Selected Issuer Indices
Ratio
General
Per Capita Purpose
General General Funded
Fiscal Per Capita Purpose Purpose Debt To
Year Estimated Taxable Taxable Funded Funded Taxable $ of
Ending City Assessed Assessed Tax. Tax · Assessed Total Tax
_HQ_ Pooulation (IJ Valuation Valuation Debt<2l Debt Valuation Collections
1988 190,017 $4,476,572,268 $23,558 $39,670,291 $209 0.89% 98.96%
1989 191,403 4,567,387,737 23,863 43,066,998 225 0.94% 98.98%
1990 186,206 4,645,914,710 24,950 39,179,057 210 0.84% 99.10%
1991 187,137 4,718,788,593 25,216 43,144,916 231 0.91% 99.42%
1992 187,493 4,741,607,780 25,290 43,593,202 233 0.92$ 99.38$
1993 187,981 4,667,750,168 24,831 39,58S,30S 211 o,ss,r; 99.lS ,r;(3>
1994 187,981 4,909,018,936 26,114 59,073,215 (4) 314<4.l 1.20% (4) Collection
begins
10-1-93
(1) Source: Estimates by City of Lubbock, Texas, except 1990 is U.S. Census.
(2) .Excludes self-supporting general obligation debt (see "Valuation, Exemptions and Debt Obligations"; "Valuation and Funded
Debt History" and "Computation of Self-Supporting Debt").
(3) Part year only, through 7-31-93.
(4) Anticipated.
9
BOND AND CERTIFICATE INFORMATION
Set forth herein and below is certain information regarding the Bonds and the Certificates. Each of the series of obligations is
a separate series. The obligations are authorized and secured by independent, separate and distinct ordinances. Although certain
similarities exist among the series of obligations, certain differences also exist. Prospective purchasers of any of the obligations
described herein should carefully examine the material and information as set forth herein to determine the applicability of such
· material and information to each particular series of obligations. The obligations of the two separate series of obligations
described herein are not interchangeable.
Authority for Issuance
The Bonds were authorized at an election held May 1, 1993, and passed by a majority of the participating voters. The City is
· authorized to incur debt by voter authorization by Article 1175 of the general laws of the State of Texas and by an ordinance
as authorized in · the City charter.
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 GovernmentCode (the Certificate of Obligation Act of 1971), as amended; and an ordinance passed
by the City Council.
Security for the Bonds and the Certirlcates
The Bonds
All taxable property within the City is subject to a continuing direct annual ad valorem tax levied, within the limits prescribed
by law, by the City sufficient in amount to provide for the payment of principal and interest on the Bonds. The City operates
under a Home Rule Charter as authorized by Article XI, Section 5 of the Constitution of the State of Texas. The Constitution
permits the City to levy an ad valorem tax in an amount not to exceed $2.50 per $100 of assessed valuation on all taxable
property within the City for all City purposes and the City Charter adopts these provisions.
The Certificates
All taxable property within the City is subject to a continuing direct annual ad valorem tax levied, within the limits prescribed
by law, by die City sufficient to provide for the. payment of principal of and interest on the Certificates.· The City operates under
a Home Rule Charter as authorized by Article Xl,'Section 5 of the Constitution of the State of Texas. The Constitution permits
the City to levy an ad valorem tax in an amount not to exceed $250 per $100 of assessed valuation' on all taxable property
within the City for all City purposes and the City· charter adopts these Constitutional provisions.
Additionally, the Certificates are payable from and secured by surplus revenues of the City's Airport as provided in the
Ordinance authorizing the Certificates (the "Certificate Ordinance")~
As defined in the Certificate Ordinance:
The term "airport" and the term "municipal airport" shall be synonymous, and shall mean all properties, real, personal or mixed
which constitute a part of the existing municipal airport of the City of Lubbock, Texas, and any and all other property hereafter
acquire<! or operated by the City for airport purposes, together with any and all additions or improvements thereto or changes
therein made or authorized by the City. The term shall include,' without limitation~ all landing areas, runways, taxiways, ramps
and apron areas, improvements, all buildings located on airport properties, fixtures, appurtenances, services, air navigation
facilities, utility systems, and other facilities located on land heretofore or hereafter acquired for airport purposes.
The term "gross revenues" means the total revenues received by the City from ownership, control or operation of the airport
or air navigation facilities, including the proceeds from the sale of all or any part of such airport or facilities from whatever
source derived, excluding any rentals (except for ground rentals) from net rent leases which may be executed in the future
wherein the lease consideration is pledged or otherwise utilized to finance the construction of buildings or facilities for lessee-
tenant of the City, or acquisition of additional lands or facilities, but only for such time and to such extent in each case as the
rentals reserved in the lease and any extension or renewal thereof (other than ground rentals) are required to be deposited in
a separate interest and redemption fund or other fund to provide and secure the performance of the City's obligation to pay debt
service requirements on the indebtedness created to finance the improvement which is the subject of the lease. Without limiting
the generality of the foregoing, unless otherwise restricted by the provisions of this ordinance, the term "gross revenues" will
include all of the income from the ownership and operation of the municipal airport including landing fees and charges, ground
rentals, space rental in buildings or rental of buildings located on land heretofore or hereafter acquired for airport purposes, fees
for parking where the parking facility is not on a public street or thoroughfare, charges of every character made to
10
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concessionaires, receipts of the utility systems serving the airport, and all fees (if any) collected by the City on account of the
operation of limousine or conveyances to and from the airport.
The term "operating expenses" shall mean all expenditures necessary for the efficiency, operation, maintenance and utilization
of the airport, including all salaries, labor, materials and repairs necessary to render efficient and adequate airport service to
the City and its inhabitants, or such as might be necessary to meet some physical condition or accident which would otherwise
impair the security of bonds payable from the same source. The term "operating expenses" shall not include any allowance for
depreciation or capital improvements to the municipal airport. ~ capital improvement (as used in the foregoing sentence) shall
mean (i) real property, or (ii) personal property which has an estimated life of more than two years.
As of August 15, 1993, the City has outstanding $540,000 Airport Revenue Bonds, Series 1978 (the "Revenue Bonds"), which
are payable from and secured by an irrevocable pledge of and first lien on the gross revenues of the airport. These Revenue
Bonds mature $90,000 each year September 15, 1993 through 1998 (see "The Airport").
The Certificate Ordinance provides that all gross revenues of the airport shall be deposited into the "Airport Fund" and shall
be appropriated and employed in the following order of precedence:
(1) To the payment of amounts required to be paid into the (Revenue Bonds) Interest and Sinking Fund. The Interest and
Sinking Fun~ contains a Reserve Fund of $300,000, which is fully established.
(2) To the curing of any deficiencies in the (Revenue Bonds) Interest and Sinking Fund.
(3) To the payment of operating expenses.
Note: The ordinance authorizing the issuance of the Revenue Bonds provides that the City may levy and collect an ad
valorem tax of not to exceed $0.05 per $100 valuation of taxable property in the City to supplement gross revenues available
for the payment of operating expenses. The City has never levied and collected this airport tax as gross revenues remaining
after Revenue Bonds debt service have been sufficient for the payment of operating expenses.
After provision for Revenue Bonds debt service and operating expenses as shown above the Airport Fund may be utilized as
follows:
Within thirty (30) days of the end of each fiscal year, the City shall put aside an amount of money equal to not less than
the maintenance and operating expenses for two calendar months (as shown by the budget for the ensuing fiscal year), which
shall be retained in the Airport Fund as a reserve for the payment of operating expenses, and the remainder of such Fund
may be utilized for any one or more of the following purposes (the use of "Surplus Revenues"):
(a) The payment of any unusual expenses of the airport or for deposit into the (Revenue Bonds) Interest and Sinking Fund
when there is a deficiency therein.
(b) Capital improvements to the Airport.
(c) The purchase or redemption of Revenue Bonds prior to their scheduled maturity.
(d) Payment of principal and interest, either or both, on any general obligation incurred by the City for airport purposes.
(e) The payment of junior lien bonds.
During the period the Revenue Bonds are outstanding the pledge of "Surplus Revenues" to the Certificates is as permitted
by (d) and (e), above.
In the Certificate Ordinance the City reserves the right to hereafter issue additional Revenue Bonds on a parity with the
outstanding Revenue Bonds, subject to certain conditions, and reserves the right to hereafter issue junior lien bonds payable from
and secured by a lien on the revenues of the Airport superior to the lien on surplus revenues securing the Certificates; the City
also reserves the right to hereafter issue "Additional Obligations" payable from ad valorem taxes and additionally payable from
and secured by a parity lien on and pledge of Surplus Revenues of the airport of equal rank and dignity with the lien and pledge
securing the payment of lhe Certificates.
When the Revenue Bonds have been paid or full provision for payment has been made the City reserves the right to reconfigure
the flow of funds.
11
It is the City's intention to provide for debt service on the Bonds and the Certificates from an annual levy of ad valorem taxes
included in the Interest and Sinking Fund Tax Rate.
Redemption of Bonds and Certif°lcates
The City reserves the right, at its option, to redeem Bonds and Certificates having stated maturities on and after February lS,
2004, in whole or in part in principal amounts of $S,OOO or any integral multiple thereof, on February 15, 2003, or any date
thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. If less than all of the Bonds or the
Certificates are to be redeemed and if less than all of a maturity is to be redeemed, the Paying Agent/Regilltrar shall detennine
by lot the Bonds or Certificates, or portions thereof, within such maturity to be redeemed. If a Bond or Certificate (or any
portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given,
such Bond or Certificate (or the principal amount thereof to be redeemed) shall become due and payable on such redemption
date and interest thereon shall cease to accrue from and after the redemption date provided funds for the payment of the
redemption price and accrued interest thereon are held by the Paying Agent/Registrar on the redemption date. ·
Not less than 30 days prior to a redemption date for the Bonds or the Certificates, the City shall cause a notice of redemption
to be sent by United States mail, first class, postage prepaid, to each registered owner of a Bond or a Certificate 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 of redemption so mailed
shall be conclusively presumed to have been duly given irrespective of whether received by the bondholder or certificateholder.
Book-Entry-Only System
The Depository Trust Company ("OTC"), New York, New York, will act as securities depository for the Bonds and the
Certificates. The Bonds and the Certificates 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 the Certificates
in the aggregate principal amount of such maturity, and will be deposited with OTC.
OTC is a limited purpose trust company organized under the New York Banking Law, a "banking organization" within the
meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning
of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of
the Securities Exchange Act of 1934. OTC holds securities that its participants ("Direct Participants") deposit with OTC. OTC
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. OTC 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 (nlndirect Participants"). The Rules
applicable to DTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Bonds and Certificates under the OTC system must be made by or through Direct Participants, which will receive
a credit for the Bonds and the Certificates· on DTC's records. The ownership interest of each actual purchaser of each Bond
and Certificate ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial
Owners will not receive written confirmation from OTC of their purchase, but Beneficial Owners are expected to receive written
confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect
Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Bonds and
the Certificates are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners.
Beneficial Owners will not receive certificates representing their ownership interests in the Bonds and the .Certificates, except
in the event that use of the book-entry system is discontinued.
To facilitate subsequent transfers, all Bonds and Certificates deposited by Direct Participants with OTC are registered in the
name oft>TC's partnership nominee, Cede & Co. The deposit of Bonds and Certificates with OTC 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 Bonds and the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds
and Certificates are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for
keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by OTC 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.
12
,,..
Redemption notices shall be sent to Cede & Co. If less than all of the Bonds and the Certificates within an issue are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be
redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds and the Certificates. Under its usual procedures,
DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s
consenting or voting rights to those Direct Participants to whose accounts the Bonds and the Certificates are credited on the
record date (identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Bonds and the Certificates will be made to DTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless OTC has
reason to believe that it will not receive payment on 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 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 OTC 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.
OTC may discontinue providing its services as securities depository with respect to the Bonds and the Certificates at any time
by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not
obtained, Bonds and Certificates are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through OTC (or a successor securities depository).
In that event, Bonds and Certificates will be printed and delivered.
Use of Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it.should be understood
that while the Bonds and Certificates 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 Bonds and the
Certificates, but (i) all rights of ownership must be exercised through OTC and the Book-Entry-Only System, and (ii) except
as described above, notices that are to be given to registered owners under the Ordinances will be given only to OTC.
Information concerning OTC. and the Book-Entry-Only System has been obtained from OTC and is not guaranteed as to accuracy
or completeness by, and is not to be construed as a representation by the City or the Purchasers.
Paying Agent/Registrar
The initial Paying Agent/Registrar is NationsBank of Texas, N .A., Dallas, Texas. In the 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 while
the Bonds and the Certificates are outstanding 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 Bonds and the Certificates. Upon any change in the Paying
Agent/Registrar for the Bonds and the Certificates, the City agrees to prompdy cause a written notice thereof to be sent to each
registered owner of the Bonds and the Certificates by United States mail, first class, postage prepaid, which notice shall also
give the address of the new Paying Agent/Registrar.
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Transf'er, Exchange and Registration
In the event the Book-Entry-Only System should be discontinued, the Bonds and the Certificates may be transferred and·
exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender thereof 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. A Bond or
Certificate may be assigned by the execution of an assignment form on the Bond or the Certificate or by other instrument of ·
transfer and assignment acceptable to the Paying Agent/Registrar. A new Bond or Certificate or Bonds or Certificates will be
delivered by the Paying Agent/Registrar, in lieu of the Bond or Certificate being transferred or exchanged, at the principal 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 Bonds or Certificates issued in an exchange or transfer of Bonds or Certificates will be
delivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of
the Bonds or Certificates to be cancelled, and the written instrument of transfer or request for exchange duli.executed by the
registered owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Bonds or Certificates
registered and delivered in an exchange or transfer 1lhall be in any integral multiple of $5,000 for any one maturity and for a
like aggregate principal amount as the Bond or Certificate or Bonds or Certificates surrendered for exchange or transfer.
Limitation on Transf'er of' Bonds and Certificates Called f'or Redemption
Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange to an assignee of the owner of the
Bonds and the Certificates any Bond or Certificate called for redemption, in whole or in part, within 45 days of the date fixed
for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner
of the uncalled balance of a Bond or Certificate.
Record Date f'or Interest Payment
The record date ("Record Date") for the interest payable 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/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 ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder
of a Bond or a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last
business day next preceding the date of mailing of such notice.
Use of Bond Proceeds
Proceeds from the sale of the Bonds will be used for heating, ventilating, air conditioning and roofing improvements to the air
terminal at the City's airport.
Sources and Uses of' Funds -The Bonds
Sources:
Proceeds from sale of Bonds
Uses:
Estimated costs of heating,
ventilating, air conditioning and
rooting improvements to the air
terminal at the City's airport
* Includes costs of issuance.
14
$2,550,000
$2,550,000*
..-
Use of Certiracate Proceeds
Proceeds from the sale of the Certificates will be used to pay contractual obligations to be incurred for construction of a taxiway
and ramp for the Airport freight development area, acquisition of a hangar at the Airport and for professional services.
Sources and Uses of Funds -The Certiracates ·
Sources:
Proceeds from sale of Certificates
Uses:
Estimated costs of construction of a taxiway
and ramp for the freight development area
Estimated cost of hangar acquisition*
Estimated costs of issuance
Total
$3,625,000
$2,700,000
900,000
25.000
$3,625,000
* The hangar to be acquired is presently leased by the City and subleased to the United States Federal Aviation Administration.
15
TAX INFORMATION
Ad Valorem Tax Law
The appraisal of property within the City is the responsibility of the Lubbock Cenlral 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 100% of its market value and is
prohibited from applying any assessment ratios. 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 VTCA, 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 VIll") and State 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 State law, the governing body of a political subdivision, at its option, may grant: (1) an
exemption of not less than $3,000 of the market value of the residence homestead of persons 65 years of age or older and the
disabled from all ad valorem taxes thereafter levied by the political subdivision; (2) an exemption of up to 20 % of the market
value of residence homesteads; minimum exemption $5,000. 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.
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 armed forces; the exemption applies to either real or
personal property with the amount of assessed valuation exempted ranging from $1,500 to a maximum of $3,000.
Article VIII provides that eligible owners of both agricultural land (Section 1-d) and open-space land (Section 1-d-1 ), including
open-space land devoted to farm or ranch purposes or open-space land devoted to timber production, may elect to have such
property appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both
Section 1-d and l -d-1.
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 exempted from ad valorem
taxation. The City does not tax nonbusiness personal property and the Lubbock Central Appraisal District collects taxes for the
City of Lubbock.
Article VIII, Section 1-j of the Texas Constitution 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. The exemption became effective for the 1990-91 fiscal year and thereafter unless
action to tax such property was taken prior to April 1, 1990. Decisions to continue the tax may be reversed in the future;
decisions to exempt freeport property are not subject·to reversal. The City has taken action to tax freeport property.
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 10 years. The City has adopted a tax abatement policy and has an outstanding agreement as described under "Valuation,
Exemptions and Debt Obligations", following.
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Valuation, Exemptions and Debt Obligations
1993 Market Valuation Established by Lubbock Central Appraisal
District
Less Exemptions/Reductions at 100% Market Value:
Residence Homestead (Over 65 or Disabled)
Disabled Veterans Exemptions
Agriculwral/Open-Space Land Use Reductions
Value lost because property is exempted from taxation under the
Property Redevelopment and Tax Abatement Act (I)
1993 Taxable Assessed Valuation
City Funded Debt Payable From Ad Valorem Taxes: (l)
General Obligation Debt (as of 8-31-93)
The Bonds
The Certificates
The General Obligation Bonds <3l
The Tax and Limited Pledge Revenue Certificates <3)
Less Self-Supporting Debt: <4)
Waterworks System General Obligation Debt
Sewer System General Obligation Debt
Solid Waste Disposal System General Obligation Debt
General Purpose Funded Debt Payable From Ad Valorem Taxes
Interest and Sinking Fund (as of 8-31-93)
$176,465,331
3,499,279
31,653,081
4,944,085
$137,358,152
2,SS0,000
3,625,000
19,215,000
1,470.000
$ 33,217,406
63,915,138
4.116.903
$5,125,580,712
216,561.776
$4,909,018,936
$ 164,218,752
101.249.447
$ 62,969,305
$ 630,381
Ratio Total Funded Debt to Taxable Assessed Valuation .••••..•.•••.•••••.•••••.•••••••••
Ratio General Purpose Funded Debt to Taxable Assessed Valuation •.•••.•••••••.•••••••••••••
3.35%
1.28%
1993 Estimated Population -187,981 <5>
Per Capita 1993 Taxable Assessed Valuation· $26,114.44
Per Capita General Purpose Funded Debt -$334.98
(1) Article 1066f, VTCA, permits granting of tax abatements for qualifying businesses; the City bas entered into one such
agreement with McLane Foodservice-Lubbock, a division of McLane, Inc., Temple, Texas, an instiwtional food service
distributor. The abatement, which began in the 1988 tax year, covers McLane's improved real property in the City of
Lubbock. The contract provides for the agreement to expire when McLane Foodservice receives $770,000 in total tax
abatement relief from all of the participants (collectively) or ten years, whichever comes first from date of execution, June
23, 1986; other participants in the abatement include Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District and the High Plains Underground Water Conservation District No. 1. Market value of the
property is $5,925,397 and the taxable value of the property after abatement is $981,312 resulting in an abated value of
$4,944,085.
(2) The statement of indebtedness does not include outstanding $35,304,965 Electric Light and Power System Revenue Bonds
as these bonds are payable solely from the net revenues of the System. The statement also does not include outstanding
$540,000 Airport Revenue Bonds, as these bonds are payable solely from gross revenues derived from the City of Lubbock
Airport. The Waterworks System, the Sewer System and the Solid Waste Disposal System a.re unencumbered with Revenue
Bond debt.
(3) $19,215,000 General Obligation Bonds, Series 1993, and $1,470,000 Tax and Waterworks System (Limited Pledge)
Revenue Certificates of Obligation, Series 1993, also being offered for sale on October 14, 1993.
17
(4) The City provides for debt service on general obligation debt issued to fund Waterworks System improvements, Sewer
System improvements and Solid Waste Disposal System improyements from surplus revenues of these Systems (see "Debt
Information", "Interest and Sinking Fund Budget Projection", "Computation of Self-Supporting Debt", "The Waterworks
System", The "Sewer System" and "The Solid Waste Disposal System".
"Waterworks System General Obligation Debt" includes $1,641,000 principal amount of the Bonds; $17,066,406 principal
amount of outstanding general obligation bonds; and $14,S10,000 principal amount of outstanding Combination Tax and
Waterworks System Subordinate Lien Revenue Certificates of Obligation. The City has no outstanding Waterworks System
Revenue Bonds.
"Sewer System General Obligation Debt" includes $1,835,000 principal amount of the Bonds; $7,060, 138 principal amount
of outstanding general obligation bonds; and $5S,020,000 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" includes $3,201,903 principal amount of outstanding general
obligation debt (bonds and certificates of obligation) and $91S,OOO principal amount of outstanding Combination Tax and
Solid Waste Disposal System Revenue Certificates of Obligation. The City has no outstanding Solid Waste Disposal System
Revenue Bonds.
It is the City's intention to provide for debt service on the (Airport) Bonds and the (Airport) Certificates from an annual
levy of ad valorem truces included in the Interest and Sinking Fund Tax Rate; Airport general obligation debt is not included
in Self-Supporting Debt.
(S) Source: City of Lubbock, Texas.
18
l ) ) ) ) Taxable Assessed Valuations by Category Taxable Appraised Value For Fiscal Year Ended September 30, 1994 1993 1992 Cateeorv Real, Residential, Single-Family Real, Residential, Multi-Family Real, Vacant Lots/Tracts Real, Acreage (Land Only) Real, Farm and Ranch Improvements Real, Commercial and Industrial Real, Oil, Gas and Other Mineral Reserves Real and Tangible Personal, Utilities Tangible Personal, Commercial and Industrial Tangible Personal, Other Real Property, Inventory <1> Total Appraised Value Before Exemptions Less: Total Exemptions/Reductions Taxable Assessed Value Category Real, Residential, Singlo-Family Real, Residential, Multi-Family Real, Vacant Lotsfrracts Real, Acreage (Land Only) Amount $ 2,667,702,100 318,160,996 100,231,286 45,288,322 11,784,081 1,018,936,126 22,188,268 152,961,630 763,606,589 8,120,819 16.600.495 $5,125,580,712 216,561.776 M,909101s1936 Real, Farm and Ranch Improvements Real, Commercial and Industrial Real, Oil, Gas and Other Mineral Reserves Real and Tangible Personal. Utilities Tangible Personal, Commercial and Industrial Tangible Personal. Other Real Property, Inventory cl) Total Appraised Value Before Exemptions Less: Total Exemptions/Reductions Taxable Assessed Value % of % of Total Amount Total 52.05% $2,479,218,812 50.80% 6.21 % 304,357,639 6.24% 1.96% 107,622,442 2.20% 0.88% 47,932,220 0.98% 0.23% 13,987,009 0.29% 19.88% 1,012,208,927 20.74% 0.43% 24,858,113 0.51% 2.98% 149,994,794 3.07% 14.90% 717,385,702 14.70% 0.16% 7,690,791 0.16% 0.32% 15.190.587 0.31% 100.00% $4,880,447,036 100.00% 212,696.868 14,6671750,168 Taxable Appraised Value For Fiscal Year Ended September 30, 1991 1990 Amount $2,413,925,206 313,170,381 117,839,348 52,453,590 13,508,943 1,076,715,771 22,182,456 153,608,032 745,511,197 6,360,698 151746,173 $4,931,021,795 21 212,233,202( $4,718, 788,593 % of Total 48.95% 6.35% 2.39% 1.06% 0.27% 21.84% 0.45% 3.12% 15.12% 0.13% 0.32% 100.00% Amount $2,383,736,852 319,554,804 114,489,842 49,704,917 21,391,576 1,063,031,842 17,009,395 153,052,116 696,846,104 9,805,356 19,736.977 $4,848,359,781 202,445,071 M,645,9141110 Amount $2,449,828,200 304,256,344 111,914,454 48,816,013 13,063,630 1,073,602,333 25,638,500 147,789,832 155,234,901 7,363,639 12.759.249 $4,950,267,095 208,659,315 !4a74116071780 % of Total 49.17% 6.59% 2.36% 1.02% 0.44% 21.93% 0.35% 3.16% 14.37% 0.20% ---2.,.41% 100.00% % of Total 49.49% 6.15% 2.26% 0.98% 0.26% 21.69% 0.52% 2.98% 15.26% 0.15% ~% 100.00% (1) Residential inventory properties in the hands of developers or builders; each group of properties in this category is appraised on the basis of its value as a whole as a sale to another developer or builder. This category initiated in 1988. (2) Includes an audited adjustment of $6,919,621 in taxable values. Note: Basis of assessment for all years is 100% of appraised (market) value. Taxable properties are revalued each year. ) )
Valuapon and Funded Dept History
Ratio
General General
Purpose Purpose
Funded Funded General
Fiscal Taxable Tax Debt Debt to Purpose
Year Taxable Assessed Outstanding Taxable Funded
Ended Estimated Assessed Valuation at End Assessed Debt
9-30 PQ12ulation (ll Valuation <2> Per Ca12ita of Year (3> Valuation Per Ca2ita
1983 181,500 $3,145,952,586 $17,333 $46,653,756 1.48% $257
1984 182,103 3,233,722,496 17,758 47,257,744 1.46% 260
1985 187,629 3,764,763,644 20,065 43,320,601 1.15% 231
1986 188,283 4,012,901,338 21,313 39,848,682 0.99% 212
1987 188,694 4,408,325,399 23,362 37,540,011 0.85% 199
1988 190,017 4,476,572,268 23,558 39,670,291 0.89% 209
1989 191,403 4,567,387,737 23,863 43,066,998 0.94% 225
1990 186,206 4,645,914,710 24,950 39,179,106 0.84% 210
1991 187,137 4,718, 788,593 25,216 43,144,916 0.91% 231
1992 187,493. 4,741,607,780 25,290 43,593,202 0.92% 233
1993 187,981 4,667,750,168 24,831 39,585,305 0.85% 211
1994 187,981 4,909,018,936 26,114 59,073,215 (4) 1.20%<4> 314<4)
(1) Source: City of Lubbock, Texas, except 1990 is U.S. Census.
(2) Basis of assessment for all years 100% of market value. All taxable property is revalued each year.
(3) Funded Tax Debt less Self-Supporting Funded Tax Debt. Derivation of General Purpose Funded Ta,x Debt is:
General
Purpose
Funded Funded
Fiscal Tax Debt Less: Tax Debt
Year Outstanding Self-Supporting . ()µtstanding
Ending at End Funded Tax at End
9-30 of Year Debt of Year
1983 $ 81,500,000 $ 34,846,244 $46,653,756
1984 89,180,000 41,932,256 47,247,744
1985 82,535,000 39,214,399 43,320,601
1986 79,889,070 40,040,388 39,848,682
1987: 78,279,070 40,739,059 37,540,011
1988 82,958,752 43,288,461 39,670,291
1989 86,898,752 43,831,754 43,066,998
1990 79,088,752 39,909,646 39,179,106
)991 95,783,752. 52,638,836 43,144,916
1992 131,813,752 88,220,550 43,593,202
1993 137,358,752 97,773,447 39,585,305
1994(4) 155,203,752 96,130,537 59,073,215
Note: For all years Self-Supporting Debt includes Waterworks System and Sewer System General Obligation Debt. 1991-1994
includes Solid Waste Disposal System General Obligation Debt. See "Valuation, Exemptions and Debt Obligations".
(4) Anticipated.
20
., ....
,..
I"
Tax Rate, Levy and Collection History
Fiscal,,
Year Distribution
Ended Tax General Economic Interest and % Current % Total
~ 'Rate Fund Develooment Sinking' Fund · Tax Len: Collections Collections .. 1983 $0.61 $0.2791 $0.0500," $0.2809 $19,190,311 92.94% 97.30%
1984 0.61 0.2230 0.0500 0.3370 19,725,707 95.32% 97.94%
1985 0.61 0.2105 0.0500 · oj495 22,966,969 93.76% 95.92%
1986 0.60 0.2553 0.0500 0.2947 24,077,408 94.16% 96.60%
1987 0.60 0.2762 0.0500 0.2738 26,448,985 95.75% 98'.85%
1988 0.61 0.2767 0.0500 0.2833 27,303,606 95.94% 9&.96%
1989 0.64 0.3171 0.0500 0.2~29 29,231,282 96.01'% 98.98%
1990 0.64 0.3314 0.0500 0.2586 29,733,854 96.15% 99.10%
1991 0.64 0.3468 0.0300 0.2632 30,200,247 96.58% 99.42%
1992 0.64 0.3754 0.0300 0.2346 30,313,029 97.38% 99.38%
1993 .Q.64 0.4045 0.0355 0.2000 29,879,149 97.18%(!) 99.15%(!)
1994 0.64 0.4170 0.0231 0.1999 31,417,721 Collection begins 10-1-93
(1) Collections for part year only, through 7-31-93.
Property within the City is assessed as of January 1 of each year ( except for business inventory which may, at the option of the
taxpayer, be assessed as of September l); taxes become due October 1 of the same year, and become delinquent on February 1
of the following year. Split payments are not permitted. Discounts are not allowed. Taxpayers 65 years of age or older are
permitted by State law to pay taxes on homesteads in four installments with the first due on February 1 of each year and the
final installment due on August 1.
Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Month Penal!:l'. Interest Total
February 6% 1% 7%
March 7% 2% 9%
April 8% 3% 11%
May 9% 4% 13%
June 10% 5% 15%
July 12% 6% 18%
After July, penalty remains at 12 % , and interest increases at the rate of 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 the City and all other taxing entities. 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 in bankruptcy or by order of the
bankruptcy court.
The Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), enacted on August 9, 1989, contains
certain provisions which affect the time for protesting property valuations, the fixing of tax liens and the collection of penalties
and interest on delinquent taxes on real property owned by the FDIC and the RTC.
Under FIRREA, real property held by the FDIC or RTC is still subject to ad valorem taxation, but (i) no real property of the
FDIC or RTC is subject to foreclosure or sale without the consent of the FDIC or RTC and no involuntary lien shall attach to
such property, (ii) the FDIC or RTC shall not be liable for any penalties or fines, including those arising from the failure to
pay any real property tax when due and (iii) notwithstanding the failure of a person to challenge an appraisal in accordance with
State Jaw, such value will be determined as of the period for which such tax is imposed.
21
Ten Largest Taxpayers
1993 % of Total
Taxable Taxable
Assessed Assessed
Name of Tax12axer Nature of Prooertv Valuation Valuation
Texas Instruments lnCOipOrated Electronics Manufacturer $ 75,680,330 1.54%
South Plains Mall Regional Shopping Mall 75,566,947 I.SOS
Southwestern Bell Telephone Company Telephone Utility 72,366,454 1.4796
Southwestern Public Service Company Electric Utility 42,800,603 0.87%
Plains C Oil Mill . o-op Agricultural Processing 36,717,885 0.7596
Fleming Companies Incorporated Wholesale Groceries 23,207,287 0.4796
. Methodist Hospital Hospital 22,871,166 0.4796
First National Bank Bank 18,659,437 0.3896
H. A. Sessions Commercial Property
and Other Real Estate 18,067,968 0.37%
Farmers Co-op Compress Cotton Compress 14.829,275 0,30%
$400. 767,352 8.1696 ====
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 sufficient to provide for. the payment of principal of and interest on all ad valorem tax debt within the limits
prescribed by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum ad valorem
tax rate to $2.50 per $100 Assessed Valuation for all City purposes. The City operates under a.Home Rule Charter which
adopts. the constitutional provisions.
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. 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 Tax Code:
The City must annually calculate and publicize its "effective tax rate" and "rollback tax rate". The City Council may not adopt
a tax rate that exceeds the lower of the rollback tax rate or 103 96 of the effective tax rate until it has held a public hearing on
the proposed increase following notice to the taxpayers and otherwise complied with the Tax Code. 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 following year to the rollback tax rate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values
(adjusted). • Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included
in. this year's taxable values.
"Rollback tax rate" me!lJls the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's
values (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 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.
The City does not collect the additional one-half cent sales tax.
Reference is made to the Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the calculation
of the various defined rates.
22
Assessed Valuations, Tax Rates, Outstanding Debt and Authorized But Unissued Bonds of Overlapping Taxing
Jurisdictions
1993 Outstanding Authorized
Taxable 1993 Tax Supported But Unissued
Assessed Tax Debt As of Debt As of
Taxing Jurisdiction Valuation Rate 8-31-93 ·, 8-31-93
Lubbock Independent School District $4,480.121,100 $1 .460()()(1) $62,444,989 $100,000
Lubbock County 5,852,186,919 0.1111,0, 3,700,000 500,000
Lubbock County Hospital District 5,852,169,728 0.10499(?) -0--0-
High Plains Underground Water Conservation
District No. 1 5,852,169;728 o.oosoo<2> -0--0-
Prenship Independent School District . 463,263,934 , 1.40000:1) 26,078,739 -0-
Idalou Independent School District 110,865,479 1,38('.)()(jl) 2,855,000 -0-
Lubbock-Cooper Independent School District 166,817,588 1.41000(!) 5,079,555 -0-
New Deal Independent School District 78,932,382 1.440oo<2> -0--0-
Roosevelt Independent School District 10S,S60,238 1.SOOOO(l) -0--0-
Sources: "Texas Municipal Reports• published by the Municipal Advisory Council of Texas, and the Lubbock Central Appraisal
District.
(1) Estimate by 1he Lubbock Central Appraisal District; subject to change.
(2) Actual 1993 tax rate.
23
Debt Servke Requiranlmts Fiscal The Tax and Year The General Limited Pledge "Of Ending Ovlmoding Debt The Ai!J!2r1 Bonds The Ai!J!2rt Certificatec Obligation Bonds · Revenue Certificates-, Combined Principal ---2:1.!L Princil!al lntcreat Princi2al lntcrcst Princi2al lntcrcat Princil?!! lntercat Princieat lntcrcat RS:!l!:!irementa Retired 1994 s 9,015,000 s 7,925,431 s $ 121,329 $ $ 173,899 $ s 921,786 $ $ 70,519 $18,218,964. 1995 10,270,000 7,131,494 125,000 136,813 180,000 194,425 960,000 1,030,425 70,000 78,925 20,177,082 1996 11,030,000 6,441,491 125,000 129,938 180,000 184,525 960,000 977,625 70,000 75,075 20,173,654 1997 10,734,434 5,948,722 125,000 123,063 180,000 174,625 960,000 924,825 70,000 71,215 19,311,894 1998 10,465,076 5,336,891 125,000 116,188 180,000 164,725 960,000 872,025 70,000 67,375 18,357,280 34.62" 1999 10,241,493 4,730,992 125,000 109,313 180,000 154,825 960,000 819,225 70,000 63,525 17,454,373 2000 7,7Z4,986 6,143,736 125,000 102,438 180,000 144,925 960,000 766,425 70,000 5!1,675 16,277,185 2001 7,334,442 5,251,221 125,000 95,563 180,000 135,025 960,000 713,625 75,000 55,688 14,925,564 2002 6,91&,639 4,168,001 125,000 88,688 180,000 125,125 960,000 660,825 75,000 51,563 13,352,841 I:, 2003 6,464,682 3,321,509 125,000 81,813 IS0,000 115,225 960,000 608,025 75,000 · 47,438 11,978,692 62.25'1 ~ 2004 5,440,000 2,493,383 125,000 74,938 180,000 105,325 960,000 555,225 75,000 43,313 [0,052,184 = ~ 200.S 5,440,000 2,168,970 130,000 67,925 180,000 95,425 960,000 502,425 75,000 39,188 9,658,933 -2006 5,445,000 1,846,964 130,000 60,775 180,000 85,525 960,000 449,625 75,000 35,063 9,267,952 ~ N 2007 5,445,000 1,525,410 130,000 53,625 180,000 75,625 960,000 396,825 75,000 30,938 8,872,423 0 .J>,, 2008 4,800,000 1,228,617 130,000 46,475 180,000 65,725 960,000 344,025 75,000· 26,813 7,856,655 82.52" ,, 2009 4,465,000 970,170 130,000 39,325 180,000 55,825 960,000 291,225 75,000 21,688 7,189,233 ! 2010 3,900,000 742,726 130,000 32,175 185,000 45,788 960,000 238,425 75,000 18,563 6,327,677 20tl 3,905,000 532,782 130,000 25,025 185,000 35,613 960,000 185,625 75,000 14,438 6,048,483 j 2012 2,685,000 357,914 130,000 17,875 185,000 25,438 965,000 132,688 75,000 10,313 4,584,228 2013 2,4'5,000 224,288 130,000 10,725 185,000 15,263 965,000 79,613 75,000 6,188 4,146,077 97.24" 2014 2,455,000 96,513 130,000 3,575 185,000 5,088 965,000 26,538 75,000 2,063 3,943,m 2015 725,000 16~13 7!1Jl3 100.00" 1137,358, 752 ~,603J38 ~.5so,ooo 11!5381584 13,625,000 s,1111964 !1912151000 Jll,4971050 f114701000 $890.576 S48~6,464 lntereat on the Bonds and the Certificatec baa been calculated at 5.50% for putp08C8 of illustration. ) ) ) ) ) ) } )
Division or Debt Service Requirements
Fiscal Less: ,Less: Less:
Year Waterworks System Sewer System Solid Waste Disposal General Purpose
Ending Combined General Obligation General Obligation General Obligation General Obligation
9-30 R~uirements R~irements R~irements R~irements R~irements
1994 $ 18,228,964 $ 5,190,521 $4,892,536 $790,703 $7,355,204
1995 20,177,082 4,850,052 6,393,193 755,834 8,178,003 ,,,.., 1996 20,173,654 4,472,597 6,794,783 714,141 8,192,133
1997 19,311,894 ·4,228,569 6,609,737 677,842 7,795,746
1998 18,357,280 4,012,478 6,420,275 484,895 7,439,632
1999 17,454,373 3,753,984 6,218,507 463,908 7,017,974
2000 16,277,185 3,520,789 6,160,952 445,703 6,149,741
2001 14,925,564 3,207,543 5,577,199 418,312 5,722,510
2002 · 13,352,841 2,724,112 5,268,811 287,662 5,072,256
2003 11,978,692 2,377,571 5,006,274 3,440 4,591,407
2004 10,052,184 1,768,970 4,702,591 3,580,623 •
2005 9,658,933 1,686,637 4,532,592 3,439,704
2006 9,267,952 1,606,950 4,361,925 3,299,077
2007 8,872,423 1,528,268 4,190,720 3,153,435
2008 7,856,655 1,230,002 3,675,829 2,950,824
2009 7,189,233 1,136,379 3,513,682 2,539,172
2010 6,327,677 982,208 3,265,414 2,080,055
2011 6,048,483 931,124 3,187,089 1,930,270
2012 4,584,228 93,743 2,886,480 1,604,005
2013 4,146,077 89,210 2,779,048 1,277,819
2014 3,943,777 84,677 2,646,205 1,212,895 ,.. 2015 741,313 741.313
$2481926,464 ~9,476,384 $991825,155 $5.042,440 $94,582,485 .
25
Estimated Direct and Overlapping Funded Debt Payable From Ad Valorem Taxes (As of 8·31-93). ,·
Expenditures of the various taxing bodies within the territory of the City are paid out of ad valorem taxes levied by these taxing
bodies on properties within the City. These political taxing bodies are independent of the City and may incur borrowings to
finance their expenditures. The following statement of direct and estimated overlapping ad valorem tax bonds was developed
from information contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas with respect
to "Total .Funded Debt" · and from information furnished by the Lubbock Central Appraisal District with respect to "Estimated
% Applicable". · Except for the. amounts relating to. the City, the City has not independently verified the accuracy or
completeness • of such information, and no person should rely upon such information as being accurate or complete.
Furthermore, certain of the entities listed below may have issued additional bonds since the date stated above, 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 funded debt of these various taxing bodies:
Taxing Jurisdiction
City of Lubbock
Lubbocklndependent School District
Lubbock County
Lubbock County Hospital District
Lubbock.Cooper Independent School District
Frenship · Independent School District
Roosevelt Independent School District
New Deal ·Indepcmdent School District
Idalou Independent School District
Total
.· Funded Debt
· $62,969,30S(I)
62,444,989
3,700,000
.0-
5,079,555
26,078,739
-0--
-0--
2,855,000
Estimated
%
Applicable
· r·•·l00.00%
99.02%
84.04%
84.04%
14.89%
64.81 %
5.06%
0.03%
1.58%
Total Direct and Overlapping Funded Debt ••••.•••..•••..••..•..••••..•..•••
Ratio of Direct and Overlapping Funded Debt to 1993 Taxable Assessed Valuation •....•.••
Per Capita Overlapping Funded Debt
(1) General Purpose Funded Debt Payable From Ad Valorem Taxes.
26
Overlapping .
· Funded Debt
$ 62,969,305
61,833,028
3,109,480.
-0.
756,346
16,901,631 .
.0-
-0.
45,109
$145,614,899
2.97%
$ 774.63
,...
I'
-
-
,,..,
Interest and Sinking Fuud Budget Projection
General Obligation Debt Service Requirements (Outstanding Debt)
Estimated Interest due 8-15-94 on the Bonds, the Certificates,
th."' General Obligation Bonds and the Tax and Limited Pledge
Revenue Certificates · · ·
Fiscal Agent, Tax Collection and Other Uses ·
Total Requirements
Sources of Funds
Interest and Sinking Funds (at beginning of Fiscal Year)
Budgeted Ad Valorem Tax Receipts
· · Budgeted Transfers
From Economic Development Fund
From Water Fund <1i
From Sewer Fund <I)
From Solid Waste Fund (I)
'From Hotel-Motel Tax
Budgeted Interest Earned
Estimated appropriation from available funds (including accnaed
interest received) for interest due 8-15-94 on the Bonds, the
Certificates, the General Obligation Bonds and the Tax and Limited
Pledge Revenue Certificates
Total Sources of Funds
Estimated Balance (at end of Fiscal Year)
(1) See "Computation of Self-Supporting Debt".
Computation of Self-Supporting Debt
The Waterworks System· (1)
Fiscal Year Ending 9-30
1993 · 1994
$17;688,952 $16,940,431
--0-
106,750
$17,795,702
$ 882,147
9,125,142
443,750
3,124,187
2,417,344
840,101
. 275,714
· 750,000
$17,858,385
$ 62,683
1,288,533
106,750
$18,335,714
$62,683
9,549,'719
' --0-
3,267,230
2,739,394
796,487
179,397
493,053
1,288,533
$18,376.496
$ 40,782
Net System Revenue Available, Fiscal Year Ended 9-30-92 . • ·• • • • • • • • • • • • ·• • • • • • • • • • • • • • • • •
Less: Revenue Bond Requirements, Fiscal Year Ending 9-30-93 • • • • . • . • • • • • • • • • • • • . • • • • • . • •
$8,991,576
--0-
Balance Available for Other Purposes • • . • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
System General Obligation Debt Requirements, Fiscal Year Ending 9-30-93 • • • • • • . . • • • • . • • • . • • • •
Balance •...•...•••.•..••••.•••..•.••••.••••.•..•••.•••••.•••••••.••..
Percentage of System General Obligation Debt Self-Supporting • • • • • • • • • • • • • • • • • • • • • • •.. • .• ·• • • •
$8,991,576
5,470.414
$3,521.162
, 100;00%
(1) Through Fiscal Year Ended 9-30-91 it was the City's policy each Fiscal X ear to transfer from Water Enterprise Fund surplus
to the General Fund an amount at least equivalent to debt service requirements on Waterworks System General Obligation Debt.
The City has no outstanding revenue bonds payable from a lien on the net revenues of the Waterworks System.
Beginning with Fiscal Year Ending 9-30-92 the City !)udgeted an.d commenced a multi-year planned shift to direct support of
Waterworks System General Obligation Debt by transfer from Water Enteiprise Fund suiplus to the General Obligation Interest
and Sinking Fund. For Fiscal Year Ending 9-30-93 Waterworks System General Obligation debt service is $5,470,414; of this
$3,124,187 is a budgeted transfer to the Interest and Sinking Fund and the $2,346,227 balance will be transferred to the General
Fund .. When this staged shift is completed total Waterworks System General Obligation Debt Service will be provided by direct
transfer to the General Obligation Interest and Sinking Fund from Water Entetprise Fund surplus. ·
The multi-year staged shift is necessary to avoid exceeding the City's "rollback tax rate" (see "Tax Rate Limitation") as a portion
of the Interest and Sinking Fund Tax Rate formerly levied for Waterworks System General Obligation debt service is shifted
each year to the General Fund tax rate. The effect of this reallocation, beginning with Fiscal Year Ending 9-30-92, can be seen
in the distribution of the Tax Rate under "Tax Rate, Levy and Collection History" and in "Interest and Sinking Fund Budget
Projection•.
See "Appendix A -The Waterworks System".
27
The Sewer System (1)
Net System Revenue Available, Fiscal Year Ended 9-30-92 ••••.••••.•.••.•.••.••••••.••.•
Less: Revenue Bond Requirements, Fiscal Year Ending 9-30-93 .•••••• ; • d ..... .' ... ~ ...... .
Balance Available for Other Purposes • . • • • • • • • • • • ·• . • • • . ; • • • • • • . • • • • • • . . • • .' • • • • • .-• ·
System GeneralObligation D~bt Requirements, Fiscal Year Ending 9-30-94 ••••.•.•.•••.•. · •.• : •..
Balance •• · .••••. · •••• -•.. ·,; •.•...•••.•••••.••••.••••..•.••••.• · ••• : • ._.·.: ••.
Percentage of System General Obligation Debt Self-Supporting • • • . • • • • . . • . • • • • . • • • • • • . • • • • •
$6,434,303
-0-
$6,434,303
. 4,436,670
,.$i,997,633
100.00%
(1) It has been the City's policy each Fiscal Year to transfer from Sewer Reven~e Fund surplus~ the General Fund ~mount
at least equivalent to debt service requirements on Sewer System General Obligation debt; and this policy ~ill continue for
outstanding Sewer System General Obligation Debt except for the State Revolving Fund loans discussed below .
. '',"
The City has received three loans ,from the Texas Water Development Board ("TWDB") under the State Revolving Fund
program to finance a major wastewater treatment and disposal improvement program. Three separate series of Combination
Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation (the "Sewer System Certificates") were delivered
to TWDB to evidence these loans as follows:
Pr~ject''
A
B
C
Loan
Amount
$ 1,655,000
34,520,000
14,425,000
$ 50,600,000
Sewer
System
Certificate
Series
1991
1992
1993
Loan Closing
Date
January, 1992
June, 1992 '
June, 1993
Project
Completion
Date
May, 1993
July, 1994*
July, 1995*
* Anticipated .
Principal of each series of Certificates is scheduled to mature in an approximately equal amount each year for a 20-year period
beginning not later than one year after Project completion. Debt service requirements on these Sewer System' Certificates is
being paid from net revenues by direct deposit to lhe Interest and Sinking Fund. For Fiscal Year Ending 9-30-93 debt service
on the Sewer System Certificates is $2,418,251, of this $2,417,344 is a budgeted transfer to lhe Interest and Sinking Fund; for
Fiscal Year Ending 9-30-94 debt service on lhe Sewer System Certificates is $2,739,394 which is a budgeted transfer to the
Interest and Sinking Fund.
See "Appendix A -The Sewer System".
The Solid Waste Disposal System (1)
Net System Revenue Available, Fiscal Year Ended 9-30-92 •.••.•.••••.••.•.•.•.•.•..•.•.••
Less: Revenue Bond Requirements,· Fiscal Year Ended 9-30-93
Balance Available for Other, Purposes ••••••.••..••..•••.•••••.•..•••••.•.••....•..
System General Obligation Debt Requirements, Fiscal Year Ended 9-30-94 , . • • • • . • . • • . • •. ·. • • • • . • . :
' .
Balance •••.•••.•..•••••. '. ••••••.••.•••.•.•••.•••••..••....•••.•• · •. ,· ._ •.. •
$2,041,431
-0-
$2,041,431
829,693
$1,211,738.
Percentage of System General Obligation I>ebt Self-Supporting .•••••••.•.• , .••• : •••.••••.• ~ • . • 100.00%
(1) Each Fiscal Year lhe City transfers from net revenues of tb,e Solid_ Waste Enterprise F\lnd to lhe G~neral; Obligation Interest
and Sinking Fund an amount equal to debt servjce requirements on System general obligation debt,
See "Appendix A -The Solid Waste Disposal System":.
28
, ......
,"'
-
-
-
Authorized General Obligation Bonds
,Amount Amount
Date Amount Heretofore Being Unissued
Pumose Authorized Authorized Issued Issued Balance
Waterworks System 11-21-81 $ 5,226,000 $ 5,000,000 $ 226,000 $ ..()..
Watetworks System 10-17-87 2,810,000 200,000 ..().. 2,610,000
Waterworks System 5-1-93 1,415,000 ..().. 1,415,000 .:0-
Sewer System 5-21-77 3,303,000 2,175,000 -0-1,128,000
Sewer System 5-1-93 1,835,000 -0-1,835,000 -0-
Street Improvements 10-17-87 13,275,000 9,227,000 4,048,000 ..()..
Street Improvements 5-1-93 10,170,000 ..().. 5,156,000 5,014,000
Airport System 5-1-93 2,550,000 ..().. 2;5so,ooo ..()..
Library 5-1-93 2,780,000 ..().. 100,000 2,680,000
Parks 5-1-93 5,385,000 ..().. 2,350,000 3,035,000
Coliseum 5-1-93 3,585,000 ..().. 3,585,000 ..()..
Fire Department'!' 5-1-93 470,000 ..().. ..().. 470,000
Animal Control 5-1-93 500,000 ..().. soo.ooo ..()..
$53,304,000 $16,602,000 $21,765,000 $14,937,000
* Emergency traffic control system improvements.
Anticipated Issuance of Authorized General Obligation Bonds and Other Obligations
1995 !996 1997 1998 Total
Street Improvements $2,042,000 $1,000,000 $1,000,000 $ 972,000 $5,014,000
Library 1,370,000 1,310,000 ..().. ..().. 2,680,000
Parks 1,538,000 990,000 320,000 187,000 3,035,000
Fire Department 470,000 ..().. ::2.: ..().. 470,000
$51420,000 $31300,000 $1.320,000 $1.159,000 $11.199,000
Note: The City has no present plans for the sale and issuance of authorized but unissued $2,610,000 Watetworks System Bonds
and $1,128,000 Sewer System Bonds or for the authorization, sale and issuance of other general obligation debt.
Funded Debt Limitation
There is no direct funded debt limitation in the City Charter or under State law. The City operates under a Home Rule Charter
that limits the maximum tax rate, for all City purposes, to $2.SO per $100 Assessed Valuation. Administratively, the Attorney
General of the State of Texas will permit allocation of $1.50 of the $2.SO maximum tax rate for general obligation debt service.
29
Other Obligations
(1) The City has entered into lease agreements for the purpose of acquiring certain properties and equipment. As of August 31,
1993, capital leases .were as follows:
1996-Balance
Payable from: 1993 1994 1995 2012 Interest Outstanding
General Government ·
Telephone
Equipment ·s 5,431 $65,177 $21,726 $ ..(). $ (8,740) $ 83,594
Enterprise Fund
Golf-Golf Equipment $4,079 $48,944 $ 44,865 $ ..(). $ (7,113) $ 90,775
Solid Waste-Scraper 5,574 66,890 66,890 · 5;574 (11,764) ·133,164
Airport-Hangar (leased
to Federal Aviation
Administration)* 8,600 103,200 103,200 1,659,800 (1,003;784} 871,016
"' Total Enterprise $18,253 $219,034 $214,955 $1,665,374 $(1,022,661) $1,094,955
Combined Requirements $23,684 i2s4,211 $236,681 !1,665,374 $(1,031,401} $1,178,549
*The hangar was constructed to Federal Aviation Administration ("FAA") specifications in response to a FAA Request for
Proposals. The hangar has a total area of 40,000 square feet of which 2,000 square feet is office space.
The City presently pays its lessor $8,600 monthly under its lease agreement, however, $900,000 proceeds of the Airport
Certificates will !:le used to purchase the hangar from the lessor on or about January 31, 1994.
FAA leases the hangar from the City under a one year lease agreement commencing in March, 1992, with a base monthly lease
payment of $9,900 arid four one year renewal options (the fourth renewal option would extend the lease through February,
1997), Under the FAA lease, the City pays utility costs monthly and is reimbursed .by FAA quarterly; building maintenance
costs are paidby FAA. It is the City's opinion that FAA will annually renew itslease for the successive four one year renewal
options through February, 1997 and that FAA will continue occupancy after February, 1997, with future terms to be negotiated.
(2) Acquisition and Renovation of Sears Building .•• On October 15, 1982, the City of Lubbock entered into an agreement with
the American State Bank, Lubbock ("American") to purchase the 96,810 square foot "Sears" building located in downtown
Lubbock. Originally constructed by Sears, Roebuck&. Co., the building and site were sold to the adjacent Americaii State Bank
following Sears construction of new facilities in South Plains Mall, Lubbock, several years ago. The City also acquired 3
additional sites near the Sears site for parking expansion in the future.
The.City has renovated and remodeled approximately 55,000 square feet of the Sears building to house administrative and City
Council functions, and this building is now the main Municipal Complex with parking space for 205 vehicles and a future
expanded parking capability of 450 vehicles.
Budget for the project was $3,600,000:
Acquisition of Sears building/site
Purchase of additional property
Renovation of 55,000 square feet
Contingencies and other costs
Total Cost
30
$ 751,000
302,925
2,201,849
344,226
$3,600,000
Shown below is the "Sears Building Finance Schedule", which was prepared by the City of Lubbock. Salient elements of the
City's agreement with "American" and the "Finance Schedule" includes:
(1) Advance Balance. Acquisition and remodeling cost of the Sea.rs property was financed by advances from "American•.
Net advance balances are shown on a ·quarterly basis; actual balances to 1-15-92. $3,310,000 of the budgeted project cost
of $3,600,000 was financed through the advance process. The $290,000 balance was allocated from Revenue Sharing
Funds.
(2) Total Payment. Actual and future quarterly payments to "American" including interest quarterly at an annual rate of
12 3/4%. Final payment, 1-15-94, $2,917,818.
(3) Additional Site Acquisition. The City acquired J additional, adjacent sites for future parking expansion, paying
$159,000 in cash and assuming payments on J notes. Payment of the $159,000 and combined payments on the 3 notes are
demonstrated.
(4) Escrow Deposits. The City has deposited funds into an "Escrow Account" at "American" from which payments will
be made to "American" as referred to in (2), above, and on the notes referred to in (3) above. Deposits totaled $3,288,000
and the "Escrow Account" is funded.
(5) Escrow Interest Earnings. • American" pays the City interest quarterly on the balance in the "Escrow Account" at the
annual rate of 12 1/2%.
(6) Escrow Balance. The Escrow Balance at the end of any quarter will always exceed the Advance Balance.
(1) In the opinion of the City Attorney the financial arrangement with "American" described above does not constitute a
legal debt of the City since funds will be pledged at all times and placed in the "Escrow Account" in amounts that, with
interest earned, will exceed the outstanding Advance Balance throughout the life of the agreement.
31
Sears Building
Finance Schedule
Additional Escrow Minimum
Advance Total Site Escrow Interest Escrow
--Xlli_ M.2m!!. Balance Paiment Acguisition D!!j?osits Earnings Balance
1982-83
10-15 $ 751,000 $159,000 $1,073,000 $ 914,000
1-15 751,000 $ 23,938 5,331 $ 28,563 913,294
4-15 1,251,000 23,938 5,331 475,000 28,540 1,387,565
7-15 1,751,000 39,876 5,331 475,000 43,361 1,860,719
1983-84
10-15 2,251,000 55,813 5,331 525,000 58,147 2,382,723
1-15 2,824,001 93,750 5,331 575,000 74,460 2,933,102
4-15 2,820,266 93,750 5,331 91,659 2,925,680
7-15 2,816,412 93,750 5,331 91,428 2,918,027
1984-85
10-15 2,812,435 93,750 5,331 91,188 2,910,134
1-15 2,903,331 93,750 5,331 125,000 90,942 3,026,995
4-15 2,902,125 93,750 5,331 94,594 3,022,507
7-15 2,900,880 93,750 5,331 94,453 3,017,880
1985-86
10-15 2,899,596 93,750 5,331 94,309 3,013,108 ..
1-15 2,898,270 93,750 5,331 94,160 3,008,186
4-15 2,896,903 93,750 5,331 94,006 3,003,111
7-15 2,895,491 93,750 5,331 93,847 2,997,877
1986-87
10-15 2,894,035 93,750 5,331 93,684 2,992,480
1-15 2,892,532 93,750 5,331 93,515 2,986,914
4-15 3,890,982 93,750 5,331 93,341 2,981,174
7-15 2,889,382 93,750 5,331 93,162 2,975,255
1987-88
10-15 2,887,731 93,750 5,331 92,977 2,969,150
1-15 2,886,027 93,750 5,331 92,786 2,962,855
4-15 2,884,270 93,750 5,331 92,589 2,956,363
7-15 2,882,456 93,750 5,331 92,386 2,949,669
1988-89
10-15 2,880,584 93,750 5,331 40,000 92,177 2,982,765
1-15 2,878,653 93,750 5,331 93,211 2,976,895
4-15 2,876,660 93,750 5,331 93,028 2,970,842
7-15 2,874,603 93,750 5,331 92,839 2,964,600
1989-90
10-15 2,872,481 93,750 5,331 92,644 2,958,163
1-15 2,870,291 93,750 5,331 92,443 2,951,525
4-15 2,868,032 93,750 5,331 92,235 2,944,679
7-15 2,865,700 93,750 5,331 92,021 2,937,619
1990-91
10-15 2,863,295 93,750 5,331 91,801 2,930,339
1-15 2,860,812 93,750 5,331 91,573 2,922,831
4-15 2,858,251 93,750 5,331 91,338 2,915,088
7-15 2,855,607 93,750 5,331 91,097 2,907,104
1991-92
10-15 2,852,880 93,750 5,331 90,847 2,898,870
1-15 2,850,065 93,750 5,331 90,590 2,890,378
4-15 2,847,161 93,750 5,331 90,324 2,881,622
7-15 2,844,164 93,750 5,331 90,051 2,872,591
1992-93
10-15 2,841,072 93,750 4,637 89,768 2,863,973
1-15 2,837,881 93,750 670 89,499 2,859,052
4-15 2,834,589 93,750 670 89,345 2,853,977
7-15 2,831,191 93,750 670 89,187 2,848,744
1993-94 l'
10-15 2,827,686 93,750 670 89,023 2,843,347
1-15 2,827,686 2,917,818 670 88,855 ]3,714
~,811,383 i374,89~ 13,288,000 ~,911,993
32
,...
Pension Fund
Texas Municipal Retireme~t System ... All permanent, full time City employees who are not firemen are covered by the Texas
Municipal Retirement System. TheSystem is ·a coniributorjt, annuity-pu~~hase type plan Which is ~vered by a State statute
and is administered by six trustees appointed by the Governor of Texas.. Tl'!e System operates independently of its member
~~ : .
The City of Lubbockjoined the System in 19S0 to supplement Social Security. All City employees except firemen are covered
by Social Security. Options offered under the System, and adopted by the City, incJu.de current, prior and antecedent service
credits, ten year vesting, updated service credit, occupational disability benefitii' and survivor benefits for the spouse of a vested
employee. An· employee who retires receives an annuity based on the amount c:,f the employees contributions over-matched two
for one by the City. Employee contribution rate is 6% of gross salary. The City's contribution rate is calculated each year
using actuarial techniques applied to experience. The 1993 coniribution rate is 10.34%; the 1994 contribution rate will be
10.42 % • Enabling statutes prohibit any member city from adopting options which impose liabilities that cannot be amortized
over 2S years within a specified statutory rate.
On December 31, 1992, assets held by the System, not including those of the Supplemental Disability Fund which is "pooled",
for the City of Lubbock were $82,930,899. Unfunded accrued liabilities on December 31, 1992, were $19,548,917, which is
being amortized over a 2S year period beginning in 1991. Total contributions by the City to the System for Calendar Year 1992
were $4,661,638.
Firemen's Relief and Retirement Fund ••. City of Lubbock firemen are members of the local1y administered Lubbock Firemen's
Relief and Retirement Fund, operating under an act passed in 1937 by the State Legislature and adopted by City firemen, by
vote of the department, in 1941. Firemen are not covered by Social Security ..
The Fund is governed by seven trustees, three firemen, two outside trustees (appointed by the other trustees), the Mayor or his
representative and the Assistant City Manager for Financial Services of the City. 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 three
years, and the fund is audited annual1y. Firemen contn'bute 11 % of full salary into the fund and the City must coniribute a like
amount; however, the City coniributes on a basis of the percentage of salary which is a ratio adjusted annually that bears the
same relationship to the firemen's coniribution 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 coniribution
rate for 1993 is 14.4974%.
As of December 31, 1991, unfunded liabilities were $12,852,026 which is being amortized over a 28 year period beginning in
1991.
The City contributed $1,248,214 to the Fund for Calendar Year 1992.
* Sources: Texas Municipal Retirement System, Comprehensive Annual Financial Report for Year Ended December 31, 1992.
City of Lubbock, Texas.
33
General Fund Revenues and Expenditures Revised Budget Budget Fiscal Years Ended ·Revenues !993-94 1992-93 9-30-92 9-30-91 9-30-90 9-3Q:89 9-30-88 Ad valorem Taxes $20,114,608 $18,4S6,S41 $17,689,820 $16,213,919 $14,911,38S $14,329,641 $12,538,368 Sales Taxes ·11,200,000 16,800,000 16,386,350 1S,907,117 1S,S30,468 1S,0S9,072 13,960,077 Franchise Taxes 4,553,500 4,325,000 4,196,663 3,488,691 3,377,870 3,077,372 3,108,228 Miscellaneous Taxes S40,714 S60,714 616,722 667,478 712,203 629,320 669,292 Licenses and Pennits 909,476 8S2,86S 7S3,667 768,924 719,979 613,668 579,369 · Intergovernmental 1,313,814 1,308,814 1,286,662 1,227,449 1,511,791 1,179,271 1,124,237 Charges for Services · 2,269,750 2,183,19S 2,287,530 2,081,955 2,243,428 2,091,277 2,058,402 Fines 2,311,000 2,306,902 2,1S2,14S 2,378,986 2,489,471 2,365,787 2,063,207 3 Miscellaneous 2,340,914 2,548,024 2,905,332 4,042,18S 3,222,731 3,802,560 2,694,897 ~ Operating Transfers (in) 14,086,320 14,249,191 13,796,281 13,890,216 13,17S,3S2 12,173,142 1i,3t9,l67 Total Revenues and Transfers (in) $65,640,096 $63,591,246 $62,071,172 $60,666,920 $57,894,678 $55,321,110 $51,115,444 n -· Expenditures ~ w -.J>,.· General Government $ 2,286,820 $ 2,474,710 $ 2,382,947 $ 2,412,64S $2,449,344 $2,966,651 $2,056,095 ~-.,,,,, Financial Services 1,906,752 1,946,649 2,023,360 1,910,799 1,815,589 1,751,968 1,671,752 i Management Services 1,961,176 1,998,994 2,368,479 2,579,610 2,500,230 2,113,725 2,202,132 ; Development Services 7,082,391 6,722,025 6,593,869 6,274,866 S,831,381 5,522,932 5,312,624 Public Safety and Services 47,S3S,247 46,442,581 44,624,486 42,247,744 39,968,470 37,432,994 34,111,128 0 · Non,Depanmental 441,154 358,S11 11,203 29,532 265,108 16,761 52,602 :z. . OJ,erating Transfers (out) 4,207,762 3,977,000 3,113,501 4,642.478 4,304,S80 5.408,139 4,809.466 Total Expenditures and Transfers (out) $65,421,302 163,920,470 $61.117,845 $60,097,674 $51,134,102 $55,213,170 $50,215,722 Excess of Revenues and Transf~ (in) Over $ 218,794 $ (329,224) $ 953,327 $ 569,246 $ 159,916 $. 107,940 $ 899,64S , . Expenditures (out) . Residual Equity Transfer -0--0--0-(64,212) (22,969) 292,597 -0-Fund Balance at Beginning of Year 10,472,213 10,8ot,4l7 9,848,110 9,J43,076 81606,069 8,205,532 7,305,887 Fund Balance at End of Year $10,691,007 $10,472,213 $10,801,437 $9,848,110 $9,343,076 $8,606,069 $ 8,205,532 Less: Reserves and Designations . £1,686,735}* (1,686,7J5)* (1,274,992) (1,769,507) (1,706,674) (1,694,80~ (1,829,358) Undesignated Fund Balance $ 9,004,272 $8,785.478 $ 9,526.445 $8,078.603 $ 7.636,402 $ 6.911.264 $ 6.376.174 • Estimated. ) ) ) ) ) ) ) " )
Municipal Sales Tax History .
The City has adopted the Municipal Sales and Use Tax Act, VATCS, Tax Code,' Chapter 321, wbi~h gnants the City the power
to impo~ and leV)'. a 1 % Local Sales and Use Tax within th,:: City; the prt>OOeds. are credited to the General Fund and. are not
pledged to lhe payment of the Bonds and Certificates. . CQllections and ~nfo~ments are effected through the offices of lhe
Comptroller of Public Accounts, State of Texas, who remits the proceeds of the tax, after deduction of a 2 % service fee, 'tci the
City monlhly. . Revenu~ from this ~urce,. for the years shown~ has been:
Fiscal
Year % of Equivalent of
Ended Total Ad Valorem Ad Valorem
9-30 . Collected Tax Le~ Tax Rate
1983 $ ll,3SS,S81 59.17% $ 0,361
1984 12,480,746 63.27%. 0.386
1985 13,310,105 57.95% 0.341
1986 12,953,236 53.80% 0.323
1987 12,563,905 47.50% 0.285
·1988 13,960,077 51.14% 0.312
1989 15,059,072 51.52% 0.330
1990 lS,530,468 52.23% 0.334
1991 15,907,117 52.67% 0.337
1992 16,386,350 53.91% 0.351
* Based on estimated population for all years except 1990 which is U.S. Census.
Financial Policies
Per
9!J,ita*
$ 62.57
68.54
70.94
68.80
66.58
73.47
78.68
83.40
85.00
98.06
Basis of Accounting ... The City's policy is to adhere to accounting principles as established by the Governmental Accounting
Standards Board. For governmental funds,. this is the modified accrual basis and for proprietary funds the accrual basis of
accounting.
General Fund Balance ... The City's objective is to achieve and maintain a General Fund balance equivalent to two months
operating cost of the General Fund Budget. This should be sufficient to provide financing for necessary projects, unanticipated
contingencies, and fluctuations in anticipated revenues.
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 General, 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) Budgets for General, Convention and Tourism, Criminal Investigation, and Capital Projects Funds are adopted on a basis
consistent with generally accepted accounting principles (GAAP).
35
7) Appropriations for the General Fund lapse at year end. Unencumbered balances for the Capital Projects Funds contiri~e
as authority for subsequent peri<Xl expenditures.
8) Budgetaey comparisons are presented for the General Fund and Special Revenue Funds in the crimbined financial
statement sectio~ of the Comprehensive Annual Financial k~rt. · · ; 1 · ·
Fund Investments ••• The City's investment policy parallels State law which governs investment of public funds.' The City
generally restricts investments to direct obligations of the United States Government, obligations of U.S. Government agencies
and insured or fully collateralized investments.
Insurance ••• Except for Aiiport liability insurance, the City is setf•insured for liability, ~orkers' compensation, and health
benefits coverage. Insurance policies are maintained with large deductibles for tire and extended coverage and boiler coverage.
An Insurance Fund has been established in !he Internal Service Fund to aCCl)UDt for insurance programs and budgeted transfers
are made to this fund based upon estimated payments for claim losses. '
At 8-31-93 the reserves had the following balances:
Reserve for setf-insurance • health
Reserve for setf-insurance ~ other than health
36
$2,085,724
$1,623,452
I'
THE AIRPORT SYSTEM
The City has owned and operated the Airport since 1929, with scheduled airline service beginning in 1946~ Lubbock
International Airport is located six miles north of the central business district and has an area of 3,148 acres, of which
approximately 1,900 acres is used for ~g and clea,r zones;
Lubbock International Airport Terminal .•. The terminal building contains approximately 222,000 square feet; the terminal
houses airport administrative offices, · mline offices and ticket counters, the baggage claim area, car rental offices, a restaurant
and inflight meal preparation kitchen, iur freight tenants, meeting and press rooms, and 9 jetway equipped gates for airline use.
Parking capacity is 1,820, including 140 employees. The old terminal building bas been converted to government and
commercial office space and houses a Federal Aviation Administration ("FAA•) Flight Standard District Service Office.
Runway System • . • The runway system consists of:
1 -11,500' x 150', north/south, primary runway with high intensity lighting and a FAA-operated instrument landing system
and other navigational aids;
1 -8,000' x 150', east/west, cross-wind runway, With high 'intensity lighting and a FAA operated instrument landing system;
1 -2,800' by 75' general aviation runway; and a taxiway system connecting the runways with aprons, the terminal and other .
facilities.
and a taxiway system connecting the runways with aprons, the terminal and other facilities.
General Aviation Facilities ..• An 8,779 square foot building on the east side of the airport houses some general aviation
services, a National Weather Service office and a U .s. Customs office. General aviation services are mainly available from
two west-side located major fixed base operators who provide hangars, aprons, fuel sales and other services for private aviation.
100 T-Hangars house most of the ·approximately 200 private aircraft that ·are based at the airport. Construction was completed
in November, 1991, on a $5 .2 million dolla.r project, partially funded by Federal participation, to provide reconstruction of the
west cargo ramp which provides aircraft parking space for air freight operations, two bypass taxiways to improve traffic flow
for runway 17 right and new underground wiring for all lighted taxiways of the airport.. These improvements serve both general
and commercial aviation facilities.
Warehouse, Hangar and Land Rentals .•• The airport has five 16,000 square foot warehouses and six other warehouses for
storage space rental.
A 40,000 square foot hangar was completed and leased to the FAA in March, 1992.
Industrial • . . Two ~ companies, two research companies and a manufacturing company are located at the airport. .. ,.
Scheduled· Airline Service . . . Scheduled airlines serving the airport are American Air Lines, Southwest Airlines, Atlantic
Southeast Airlines, United Express, Continental Express and American Eagle with 35 scheduled flights per.day. ·
,•
Non-stop scheduled service is provided to Dallas-Fort Worth International Airport, Dallas Love Field, Denver, El Paso and
Albuquerque, with one-stop or through service to New York, Washington; Chicago, Frankfurt, London, Paris, Honolulu, and
other cities. ·
Jet aircraft used by scheduled airlines are the Boeing 737 (Southwest Airlines; 122 or 137 passenger capacity depending on
aircraft series) and the McDonald Douglas MD-88 (American Airlines; 150 passenger capacity).
Certif1eated Passenger Airline/Airport Use Agreement
The City of Lubbock bllS executed a "Certificated Airline/Airport Use and Lease Agreement" with each of the certificated
airlines serving Lubbock International Airport. These agreements terminate on September 30, 1999. Rentals, landing fees and
other provisions are subject to negotiation by both parties prior to renewal. Additionally, certain operational and maintenance
cost recovery provisions are subject to renegotiation at three year intervals.
Landing fees arepresendy $0.50 per 1,000 lbs. gross weight (effective 10-1-1991); landing fees will increase to $0.55 per 1,000
Jbs. gross weight.on 10-1-1994.
37
Rentals and Fees
Exclusive Terminal Building Space .. ~ Including ticket counters, operations !)ffices, airfreight handling areas and administrative
officef~$12.53persquarefootperyear. . . .· . . .· ·.·. ' . ,.
Non-exclusive Terminal Building Space .•• Boarding Lounge Area• $6.90 per squ~ foot per year, with 20% ~f the total
monthly charge prorated among all scheduled airlines based upon the ratio of each st1ch airline's number of departure11 to the
totai number of departures for che calendar .month and 80% (!f the total prorated among all sch~uied airlines based upon the
ratio of each such airline's number of enplaned p~sengers to th~.total of enplaned passengers for the calendar month.
Baggage Claim. Area -$12.53 per square foot per year, ..yith 20% of the total monthly charge divided equally among all
scheduled airlines and 80% of the total prorated among all scheduled airlines based upon the ratio of each such airline's number
of enplaned passengers to the total of enplaned passengers for the calendar morrth.
Extraordinary Costs and Expenses
The agreements provide for timely renegotiation and adjustments to rental, landing fees and other charges iri the event
extraordinary costs or, expenses are incurred by the City, including techJl!cal advances or new governmental requirements.
Rent Car Conmanies
Rental car agencies currently lease storage, service and office space at the airport at rates of 10 percent of gross car re~tal
revenues. There are four rent car agencies on the airport. Service center acreage is available; four firms have these leases at
the rate of $0.0809 per square foot per year.
General A viatiori
Fixed Base Operators are currently paying ground lease _rates of $0.1035 per square foot pei;-year, various rates on hangars and
other buildings and a fuel flowage fee equal to $0.04 per gallon of. fuel sold to general aviation or military aircraft.
Airport Industrial Area
The current rates on leases in the Airport Industrial area are $1.0987 per square foot per year for buildings and the land lease
is $0.1035 per square foot per year.
Passenger Enplanements on Scheduled Airline Flights
Calendar Southwest Delta American Continental American Other
Year Airlines Airlines Ol Airlines Express Eagle Airlines (2) . Total
1983 281,621 103,837 56,464 -0--0-71,558 513,480
1-984 361,189 111,100 82,704 -0--0-20,783 575,776
1985 357,231 114,875 80,829 ..0-: -0-12,149 565,084
1986 302,345 123,747 85,178 -0--0-14,653 525,923
1987 293,775 128,280 91,278 -0--0-10,997 524,330 ..
1988 292,537 125,432 88,125 -0--0-57,141 563,235
1989 339,398 133,252 97,244 -0--0-45,620 615,514
1990 339,942 129,233 92,223 5,123 2,119 36,274 604,914
1991 338,584 113,724 82,648 9,158 12,306 4,720 561,140
1992 359,140 123,683 80,234 8,201 5,628 -0-576,886
(1) Delta Airlines ceased service July 31, 1993. Atlantic Southeast Airlines, a Delta Airlines Commuter airline, commenced
service July 1, 1993.
(2) Includes Continental Airlines, Trans Central Airlines, Aspe~ Airlines, Muse Air, Mesa Airlines, United Express, Conquest
Airlines and America West Airlines. · · ·
38
-
I;,} \Ii) l 1 ) 1 ) ) ) AIRPORT STATEMENT OF OPERATIONS Note: The Statement of Operations has been constructed in accordance with the order of precedence for the Airport Fund as established in the Certificate Ordinance (see "Bond and Certificate Information• and "Security for the Certificates• thereunder). Revised Budget Budget For Fiscal Year Ending 9-30 1993-94 1992-93 1992 1991 1990 1989 1988 OPERATING REVENUES Landing Fees $ 703,519 $ 694,920 $ 665,653 $ 615,719 $ 639,634 $ 596,502 $ 577,092 Parking 1,408,978 1,346,366 1,194,966 1,233,432 1,201,843 1,162,099 1,026,585 Rentals 2,550,307 2,463,387 2,159,658 2,112,995 1,858,352 1,747,872 1,534,558 Concessions N.A.<lJ N.A.U) 110,190 102,031 110,487 110,565 84,860 Total Operating Revenues $ 4,662,804 $ 4,504,673 $ 4,130,467 $ 4,064,177 $ 3,810,316 $ 3,617,038 $ 3,223,095 NONOPERATINO REVENUES !16,159 132,465 78,098 266,237 208,665 55,518 146,809 GROSS REVENUES $ 4,778,963 $ 4,637,138 $ 4,208,565 $ 4,330,414 $ 4,018,981 $ 3,672,556 $ 3,369,904 Less: Revenue Bond Debt Service {113,850} (118,719) (118,258} {122,720} (127,140) (131,472) (135,768) BALANCE,OROSSREVENUES $ 4,665,113 $ 4,518,428 $ 4,090,307 $ 4,207,694 $ 3,891,841 $ 3,541,081 $ 3,234,136 OPERATING EXPENSES<21 Personal Services $ 1,927,732 $ 1,842,226 $ 1,641,432 $ 1,761,615 $ 1,464,061 $ 1,446,860 Supplies 134,972 132,590 114,260 · 161,542 58,145 80,190 Maintenance 351,557 297,943 246,656 286,988 244,569 175,373 Other Services and Charges 1,599~60 1,546,175 . 1,460,~ 1,408,2~ 1,425,839 1,520,014 TOTAL OPERATING EXPENSES s 4,013,521 s 3,818,934 S 3,462,854 s 3,618,409 $ 3,192,614 $ 3~,437 $ SURPLUS REVENUES $ 651,592 $ 699,494 I 627,453 $ 589,285 $ 699,227 I 3181644 I (1) Included in "Rentals". {'2) Excludes capital expenditures and, where applicable, depreciation. Maximum Principal and Interest Requirements, Airport Revenue Bondi, Fiscal Year Ending 9-30-93 • . • . . . . • • . . • . . . . . . . • . • • . . • . • . . . ••••.•.•.•...•.....••....••...•••.••..•••.• Coverage by Gross Revenues, Fiscal Year Ended 9-30-92 . . • . . •.••.•.•. : .•.•.• : • . • • • • • . • . . • • • • • • • • • . • . • • • . , .••••. Airport Revenue Bonds Outstanding, 9-30-92 .. • .. • • • • • • • • • • • ...................... ~ .......... • ..... • • • •••••••••••• Interest and Sinking FUI!d, 8-31-93 ...•••..•••.•••••.•...•• , .•••••••...•••.•.•. : •..••••••...••..•••..•••... Reserve Fund, 8-31-93 .. " .. .. . . . . . . ' ... " .. . . .. . . . . . .. . .. . . " .. " ............. " •· . " . .. .. . . . . ......... " . . . . . . . . . . .... ,. ... Cash/cash equivalents in Airport Fund available for Operating Expenses at 9-30-92 ••.•••••. ; . . . . • . . • • . . . . • • . . . . • , • • . • • . • • . . • . • . • . • • . . • . . . • . • • • • . . • • . .•.•.•....••• Two months Operating Expenses, Revised· Budget, Fiscal Year Ending 9-30-93 ........... J • • • • • • • • .................. • ........ • The Airport Revenue Bonds mature $90,000 September 15 of each year 1993/1998. •• Excludes debt service and capital projects funds and accrued interest receivable. $1,392,897 92,539 168,214 1,384,525 3,038;g75 195,961 $ 118,710 35.45Timea $ 540,000 • $ 135,081 $ 300,000 $ 739,065 •• $ 636,489 )
OTIIER INFORMATION
Ratings
The presently outstanding tax supported debt of the City is rated "Aa" by Moody's Investors Service, Inc. ("Moody's") and
"AA ff by Standard & Poor's Corporation ("S&P"). Applications for contract ratings on these issues have been made to both
Moody's and $&P. An explanation of the significance of such ratings, when received, may be obtained from the company
furnishing the rating. Such 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 en~ly by either or both of such companie11, if in the judgment of either
or both companies, circumstances so warrant. Any such' downward revision or withdrawal qf such ratings, or either or both
of them, may have an adverse effect on the market price of the Bonds and the Certificates.
Tax Exemption
The delivery of the Bonds and the Certificates is subject to an opinion of Fulbright & Jaworski L.L.P., Bond Counsel to the
City ("Bond Counsel"), to the effect that interest on the Bonds and the Certificates is excludable from the 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
for federal income tax purposes, pursuant to section 103 of the Code and existing regulations, published rulings, and court
decisions, ~ with regard to any bond or certificate for any period of time during which such bond or certificate is held by
a ff substantial user" of any of the facilities financed with the proceeds of the Bonds and the Certificates or .by a "related person"
within the meaning of section 147(a) of the Code. The statute, regulations, rulings, and court decisions on which such opinion
is based are subject to change.
BOND COUNSEL'S OPINION WILL NOTE THAT INTEREST ON THE BONDS AND THE CERTIFICATES WILL BE
A PREFERENCE ITEM FOR PURPOSES OF COMPUTING THE ALTERNATIVE MINIMUM TAXABLE INCOME OF
OWNERS OF THE BONDS AND THE CERTIFICATES WHICH ARE INDIVIDUALS OR CORPORATIONS. Alternative
minimum taxable income is the basis on which is computed the alternative minimum tax imposed on corporations and individuals
by the Tax Reform Act of 1986 and the environmental tax imposed on corporations by the Superfund Revenue Tax of 1986.
In rendering the foregoing opinions, Bond Counsel will rely upon representations and certifications of the Issuer made in
certificates dated the date of delivery of the Bonds and the Certificates pertaining to the use, expenditure, and investment of the
proceeds of the Bonds and the Certificates and will assume continuing compliance by the Issuer with the provisions of the
Ordinances subsequent to the issuance of the Bonds and the Certificates. The Ordinances contain covenants by the Issuer with
respect to, among other matters, the use of the proceeds of the Bonds and the Certificates, the manner in which the proceeds
of the Bonds and the Certificates 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 infonnation to the United States Treasury.
Failure to comply with any of these covenants would cause interest on the Bonds and the Certificates to be includable in the
gross income of the owners thereof from date of issuance of the Bonds and the Certificates.
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 Bonds and the Certificates. Prospective purchasers of the Bonds and the Certificates should be aware that
the ownership of tax-exempt obligations such as the Bonds and the Certificates may result in collateral federal tax consequences
to, among others, financial institutions, property and casualty insurance companies, certain foreign corporations doing business
in the United States, S corporations with Sub-chapter C earnings and profits, individual recipients of Social Security or Railroad
Retirement benefits, 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.
40
I'
Tax Accounting Treatment of Discount/Premium Bonds and Certirates
The initial public offering price to be paid for certain Bonds and Certificates may be less 1han the principal amount payable on
such Bonds and Certificate at maturity (the "Discount Bonds• and Certificates•) •. · An amount equal to the difference. between
the initial public offering price of the Discount Bond and Certificate (assuming that a substantial amount of the Discount Bonds
and Certificates of that maturity are sold to the public at such price) and the principal amount payable at maturity constitutes
interest to the initial purchaser of such Discount Bonds and Certificates. Original issue discount may also result from the
payment of accrued interest by the initial purchaser of obligations having an initial interest payment period longer than six
months. A portion of such interest, allocable to the holding period of such Discount Bond. and Certificate by the initial
purchaser, will, upon the disposition of such Discount Bonds and Certificates (including by reason of its payment at maturity),
be treated as interest excludahle from gross income, rather than as taxable gain, for federal income tax purposes. However,
such interest will be a preference item for purposes of computing the alternative minimum taxable income of owners of the
Discount Bonds and Certificates which are individuals or corporations, even though there is no corresponding cash payment.
Alternative minimum taxable income is the basis on which is computed the alternative minimum tax imposed on corporations
and individuals by the Tax Reform Act of 1986 and the environmental tax imposed on corporations by the Superfund Revenue
Tax of 1986. Such interest is considered to be accrued actuarially in accordance with the constant interest method over the life
of a Discount Bond and Certificate, taking into account the semiannual compounding of accrued interest, at the yield to maturity
on such Discount Bond and Certificate.
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, 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.
In the event of the sale or other taxable disposition of a Discount Bond or Certificate prior to maturity, the amount realized by
the owner in excess of the basis of such Discount Bond and Certificate in the hands of such owner (adjusted upward by the
portion of the original issue discount allocable to the period for which such Discount Bond and Certificate was heh!) is includahle
in gross income.
Owners of Discount Bonds and Certificates should consult with their own tax advisors with respect to the determination for
federal income tax purposes of accrued interest upon disposition of Discount Bon~ and Certificates and with respect to the state
and local tax consequencesof owning Discount Bonds and Certificates. It is possible that, under applicable provisions governing
determination of state and local income taxes, accrued interest on Discount Bonds and Certificates 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 and Certificates may be greater than the amount payable on such Bonds and
Certificates at maturity (the "Premium Bonds and Certificates"). An amount equal to the difference between the initial public
offering price of a Premium Bond or Certificate (assuming that a substantial amount of the Premium Bonds and Certificates 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 Bonds and Certificates. The basis for federal inc.ome tax purposes of a Premium Bond or Certificate in the
hands of such initial purchaser must be reduced each year by the amortizable bond premium, even though no corresponding
deduction is allowable. 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 Bond or Certificate. 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 Bonds and Certificates should consult with their own tax advisors with respect to the
determination of amortizable bond premium with respect to the Premium Bond~ and Certificates for federal income tax purposes
and with respect to the state and local tax consequences of owning Premium Bonds and Certificates.
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. ·
41
Registration and Qualification of Bonds and Certificates for Sale
The sale of the Bonds and the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in
reliance' upon the exemption provided thereunder by Section 3(a) (2); and the Bonds and Certificates have not been qualified
under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Bonds been qualified under
the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Bonds and the Certificates
under· the securities laws of any jurisdiction in which the Bonds and the Certificates may be sold, assigned, pledged,
hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the
Bonds and Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption
from securities registration provisions.
Legal lnve.tments and Eligibility to Secure Public Funds in -Texas
Section 9 of the Bond Procedures Act provides that the Bonds and the Certificates "shall 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 Bonds are
eligible to secure deposits of any public funds of the state, its agencies and political subdivisions and are legal security for those
deposits to the extent of their market value. No review by the City has been made of the laws in other states to determine
whether the Bonds and the Certificates are legal investments for various institutions in those states.
Legal Opinions and No-Litigation Certificate
The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Bonds and the
Certificates, inc]uding the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bond and
Initial Certificate and to the effect that the Bonds and the Certificates are valid and legally binding obligations of the City, and
based upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to
the effect that interest on the Bonds and the Certificates will be excludable from gross income for federal income tax purposes
under existing law, except with regard to any Bond or Certificate for any period of time during which such Bond or Certificate
is held by a "substantial user" of any of the facilities financed with the proceeds or a "related user"; provided however, interest
on the Bonds and the Certificates will be included in the alternative minimum taxable income of individual or corporate owners.
The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then
pending to restrain the issuance and delivery of the Bonds and the Certificates, or which would affect the provision made for
their payment or security, or in any manner questioning the validity of said Bonds and Certificates will also be furnished. Bond
Counsel was not requested to participate, and did not take part, in the preparation of the Notice of Sale and Bidding Instructions,
the Official Bid Form and 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 describing the Bonds and the Certificates in the Official Statement to verify that such
description conforms to the provisions of the Ordinances. The legal fee to be paid Bond Counsel for services rendered in
connection with the issuance of the Bonds and the Certificates is contingent on the sale and delivery of the Bonds and the
Certificates. The legal opinion will accompany the Bonds and the Certificates deposited with OTC or will be printed on the
Bonds and the Certificates in the event of the discontinuance of the Book-Entry-Only System.
Authenticity of Financial Data and Other Information
The financial data and other information contained herein have been obtained from 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 resolutions contained in this Official
Statement are made subject to all of the provisions of such statutes, documents and resolutions. These summaries do not purport
to be complete statements of such provisions and reference is made to such documents for further information. Reference is
made to original documents in all respects.
42
,-..
Financial Advoor
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Bonds and the
Certificates. The Financial Advisor's fees for services rendered with respect to the sale of the Bonds and the Certificates is
contingent upon the issuance and delivery of the Bonds and the Certificates. First Southwest Company may submit a bid for
the Bonds and the Certificates, either independently or as a member of a syndicate organized to submit a bid for the Bonds and
the Certificates. 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 Bonds and the Certificates, or the possible impact of
any present, pending or future actions taken by any legislative or judicial bodies.
Certification of the Official Statement
At the time of payment for and delivery of the Bonds and the Certificates, the initial purchasers will be furnished a certificate,
executed by proper officers, acting in their official capacity, to the effect that to the best of their knowledge and belief: (a) the
descriptions and statements of or pertaining to the City contained in its Official Statement, and any addenda, supplement or
amendment thereto, on the date of such Official Statement, on the date of sale of said Bonds and Certificates and the acceptance
of the best bid therefor, and on the date of the delivery, were and are true and correct in all material respects; (b) insofar as
the City and its affairs, including its financial affairs, are concerned, such Official Statement did not and does not contain an
untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the
statements therein, in the light of the circumstances under which they were made, not misleading; (c) insofar as the descriptions
and statements, including financial data, of or pertaining to entities, other than the City, and their activities contained in such
Official Statement are concerned, such statements and data have been obtained from sources which the City believes to be
reliable and the City has no reason to believe that they are untrue in any material respect; and (d) there has been no material
adverse change in the financial condition of the City since the date of the last unaudited financial statements of the City.
The Ordinances authorizing issuance of the Bonds and the Certificates will also approve the form and content of this Official
Statement, and any addenda, supplement or amendment thereto, and 311thorize its further use in the reoffering of lhe Bonds and
the Bonds and the Certificates by the initial purchaser. ·
ATTEST:
BBITY M. JOHNSON
City Secretary
43
DAVID R. LANGSTON
Mayor
City of Lubbock, Texas
THIS PAGE LEFT BLANK INTENTIONALLY
,,..
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
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.
Population
Lubbock is the ninth largest City in Texas:
1910 Census
1920 Census
1930 Census
1940 Census
1950 Census
1960 Census
1970 Census
1980 Census
1990 Census
1993 (Estimated)*
*Source: City of Lubbock, Texas
City of Lubbock
(Corporate Limits)
1,938
4,051
20,520
31,853
71,390
128,691
149,701
173,979
186,206
187,981
Metropolitan Statistical Area ("MSA ") (Lubbock County)
1970 Census 179,295
1980 Census 211,651
1990 Census 222,636
Agriculture; Business and Industry
Lubbock is the center of a highly mechanized agricultural area 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. Official 1992 cotton production in the 25-county area around Lubbock was 1,418,600 bales; 1991 production was
2,327,700 bales (source: Plains Cotton Growers, Inc., Lubbock, Texas). Three major vegetable oil plants located in Lubbock
have a combined weekly capacity of over 1,869 tons of cottonseed and soybean oil. Several major seed companies are
headquartered in Lubbock.
Over 200 manufacturing plants in Lubbock produce such products as semi-conductor products, vegetable oils, heavy earth-
moving machinery, irrigation equipment and pipe, farm 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.
Lubbock MSA Labor Force Estimates
July June May July June May
1993 (l) 1993 1993 1992 1992 1992
Civilian Labor Force 118,400 117,600 114,900 118,500 119,600 116,000
Total Employment 111,400 110,000 109,200 110,500 110,200 108,800
Unemployment 7,000 7,600 5,700 8,000 9,400 7.200
Percent Unemployment 5.9% 6.5% 5.0% 6.8% 7.9% 6.2%
(1) Subject to revision.
Source: Texas Employment Commission.
A-l
,...
Estimated non-agricultural wage and· salaried jobs in various categories as of 1uly; 1993, were:•
Manufacturing
Mining
Construction
Transportation
Trade
7,300
200
3,700
S,100
26;800
Finance, Insurance and Real Estate
Services
4,300
27,400
23,200
98,600
Government
Total
Major employers in Lubbock (with 300 employees or more) are:
Company
Texas Tech University
Methodist Hospital
Lubbock Independent School District
City of Lubbock
St. Mary's Hospital
University Medical Center
Reese Air Force Base
TTU Health Sciences Center
Texas Instruments, Incorporated
United Supermarkets
Lubbock State School
U.S. Postal Service
Fleming Companies, Inc.
Lockheed Corporation
Southwestern Bell Telephone Company
Lubbock Mental Health and Mental Retardation
Center
ARA Food Service
Supermarkets Incorporated
Frito Lay
Marriott Corporation
Texas Department of Human Services
Lubbock Avalanche-Journal
* Full and part time.
** Military and civilian.
Product
State University
·Hospital
Public Schools
City Government
Hospital
Hospital·
U.S. Military Installation
Medical and Allied-Health School
Electronics Manufacturer
Retail Groceries
School for Mentally Retarded
Post-Office
Wholesale Groceries
Contract Aircraft Maintenance at
Reese Air Force Base
Telephone Utility
State -of Texas Agency
Food Broker
Retail Groceries
Food Manufacturing and Sales
Hotel/Housekeeping and Hotel
· -Management
,. State of Texas Agency
Daily Newspaper
Source: Business Development Support Service, City of Lubbock, Texas.
Education ••• Texas Tech University •••
. · Estimated
Employees
· August, 1993
6,593*
3,7S0
3,300
2,000
1,849
1,750
1,700**
1,600
1,250
1,100*
9S5
695
535
501
·466
425*
400
400
386
335*
325
320
Established in Lubbock in 1923,'Texas Tech University is the fifth largest State-owned University in Texas and had a Spring,: '
1993, enrollment of22,306. Accredited by the Southern Association of Colleges and Schools, the University is a co-'educationalt
State-supported institution offering the bachelor's degree in 158 major fields, the master's degree in 107 major fields, the
doctorate degree in 64 major fields, and the professional degree in 2 major fields (law and medicine).
The University proper is situated o~ 451 acres of the 1,829 acre campus, and has over 160 permanent buildings with additional '
construction in progress. Spring, 1993, faculty membership was 775 full-time and 683 part-time. [ncluding the Health Sciences
Center, the University's operating budget for 1992-93 is $415.2 million of which $146.7 million is from State appropriations;
book value of physical plant assets, including the Health Sciences Center, is in excess of $560 million.
The medical school had an enrollment of 390 for Spring, 1993, not including residents; there are 43 graduate students. The
School of Nursing had a Spring, 1993, enrollment of 447 including the Permian Basin Program, located in Midland/Odessa;
there were 34 graduate students. The Allied Health S<;hool had a Spring, 1993, enrollment of 177.
Source: Texas Tech University.
Other Education Information
The Lubbocklndependent School District, with an area of 87.5 square miles, includes over 90 % of the City of Lubbock. There
are approximately 3,300 total employees, including 2,446 certified (professional) personnel and 829 other employees. The
District operates four senior high schools, ten junior high schools, 40 elementary schools and ocher educational programs.
Scholastic Membership History*
School
Year
1987-88
1988-89
1989-90
1990-91
1991-92
1992-93
Student
Membership
30,955
30,828
30,861
30,684
30,736
31,103
Refined
Average
Daily
Attendance
28,194
28,159
28,373
28,101
28,090
28,359
* Source: Superintendent's Office, Lubbock Independent School District.
Lubbock Christian University, a privately owned, co-educa.tional senior college located in Lubbock, had an enrollment of 1,096
for the Spring Semester, 1993.
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 technical/vocational subjects; Summer
Semester, 1993, enrollment was 559. The College also operates a major off-campus learning center at Reese Air Force Base;
course offerings are in primarily academic subjects; Summer Session, 1993, enrollment was 721.
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 440 students; 422 students were in residence. The School's operating budget for 1992/93 is in excess of $20.0
million; there are 9SO professional and other employees.
Transportation
Scheduled airline transportation at Lubbock International Airport is furnished by American Airlines, Southwest Airlines, .Atlantic
Southeast Airlines, Continental Express, United Express and American Eagle; non-stop service is provided to Dallas-Fort Worth
International Airport, Dallas Love Field, Denver, EI Paso, Austin, Amarillo and Albuquerque. 1992 passenger boardings to~ed
576,886. Extensive private aviation services are located at the airport.
Rail transportation is furnished by the Atchison, Topeka and Santa Fe Railway Company and the Burlington-Northern, Inc. 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 freight common carriers provide service.
Lubbock has a well developed highway network including Interstate 27 (Lubbock-Amarillo), 4 U.S. Highways, 1 State Highway,
a controlled-access outer loop and a county-wide system of paved farm-to-market roads.
.-
,..
Government and Military
Reese Air Force Base, located adjacent to the western boundary of Lubbock, is an undergraduate Jet Pilot Training Base of the
Air Training Command. The Base covers over 3,000 acres and has approximately 1,200 military, 500 civilian and 700 contract
personnel. ·
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. :
Hospitals and Medical Care
There are seven hospitals in the City with over 1,973 beds. Methodist Hospital 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 University Medical School. There are numerous
clinics and over 600 practicing physicians and surgeons (M.D.) 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 SOO 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 SO acres contain the 300,000 square foot Lubbock Memorial Civic
Center, the main City library building and State Department of Public Safety offices; a SO acre peripheral area has been
redeveloped privately with office buildings, hotels and motels, a hospital and other facilities.
Available to residents are Texas Tech University programs and events, Texas Tech University Museum, Planetarium and Ranch
Heritage Center exhibits and programs, Lubbock Memorial Civic Center and its events, Lubbock Symphony Orchestra programs,
Lubbock Theatre Center, Lubbock 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; modern
movie theatres.
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.
A-4
Economic Indices (1)
.Building
Year Permits
1982 $130,720,599
1983 ,230,440, 777
1984 212,353,170
1985 168,740,229
1986 139,317,252
1987 100,046,309
1988 105,159,525
1989 105,363,072
1990 140,855,719
1991 131,333,756
1992 142,921,124
(1) All data as of 12-31; Sour~e: City of Lubbock.
Water
56,172
58,034.
59,262
60,051
60,751
61,027
61,628
61,857
62,178
. 62,267
62,898
. Utility Connections
Gas
54,650
54,927
56,540
56,600
56,900
57,266
57,886
60,312
61,700
60,803
60,208
Electric
a,..P&L OnlyY21
34,987
37,282
39,037
40,506
41,759
42,696.
43,781
44,518
45,301
46,245
47,194
(2) Electric connections are those of City of Lubbock owned Lubbock Power and Light ("LP&L ") and do not include those of
Southwestern Public Service Company or South Plains Electric Cooperative.
A-5
I
l > OI l ) ) ) ) ) ) ) Building Permits by Classifreation Residential Permits Commercial, Single Famil)'. Multi-Familx Total Residential Public Total Calendar No. No. Dwelling No. Dwelling and Other Building Year Units Value Units (I) Value Units (I) Value Permits Permits 1983 1,166 $88,830,755 2,790 $71,143,086 3,956 $159,973,841 $ 70,466,936 $230,44o,m 1984 919 65,815,115 757 22,614,500 1,676 88,429,615 123,923,555 212,353,170 1985 601 50,100,350 162 5,250,300 763 55,350,650 113,389,579 168,740,229 1986 599 49,329,236 14 566,000 613 49,895,236 89,422,016 139,317,252 1987 508 44,466,937 -0--0-508 44,466,937 55,579,372 100,046,309 1988 414 35,588,945 -0--0-414 35,588,945 · 69,570,580 105,159,525 1989 . 368 31,345,375 12 440,800 380 31,786,175 73,576,897 105,363,072 1990 368 35,652,1~0 8 416,000 376 36,068,140 104,787,579 140,855,719 1991 424 38,574,190 -0--0-424. 38,574,190 92,759,566 131,333,756 1992 603 58,530,190 44 (2) 1,743,000 647 60,273,190 82,647,934 142,921,124 (1) Data shown under •No. Dwelling Units• is for each individual dwelling unit, and is not for separate buildings; includes duplex, triplex, quadnlplex and apartment permits. (2) Includes one retirement center with 40 dwelling units. Source: City of Lubbock. Texas. ) )
The following information concerning the Waterworks System, the Sewer System, the Solid Waste Disposal System and
Lubbock Electric Light and Power System is for general information only.
The Waterworks System
Warer Supply ..• Currently, the primary source of water for Lubbock is the Canadian River Municipal Water Authority
("CRMWA ") which delivers raw water from its Lake Meredith reservoir, located on the Canadian River about 50 miles north
of Amarillo, to member cities through an underground aqueduct system. Lubbock is one of eleven member cities of CRMW A;
other members are Amarillo, Pampa, Borger, Plainview, Slaton, Levelland, Brownfield,. Tahoka, O'Donnell and Lamesa.
Lubbock received 31,063 acre feet of water from CRMWAin Calendar Year 1992, approximately 89% of the City's total
consumption. Cost of the project is being repaid to the Bureau -of Reclamation by CRMW A through a reimbursable loan
maturing annually through 2018; debt requirements are paid from revenues received by CRMW A from sale of water to member
cities. Member cities make payments for water received from revenues derived from operation of their respective waterworks
systems.
Other Warer Supply Sources •.• Approximately 15 % of the City's water supply is obtained from 238 potable water wells, all
producing from the Ogallala Aquifer, which underlies the High Plains of Texas. Combined capacity of these wells is over 45
million gallons per day ("mgd"). Primary wells are located in the "Sand Hills" area about 60 miles northwest of Lubbock in
Lamb and Bailey Counties in which the City owns approximately 81,235 acres of water rights. These ground water sources
are used primarily for peaking purposes.
Lake Alan Henry .•• The Brazos River Authority ("BRA") on behalf of the City of Lubbock (the "City") is constructing a dam
and reservoir on the South Fork of the Double Mountain Fork of the Brazos River ("Lake Alan Henry") about 60 miles southeast
of Lubbock to enhance provision for Jong term water supply needs. The U.S. Corps of Engineers has.granted a permit for
impoundment at the reservoir site.
Future population and water demand estimates for Lubbock, projected by the Texas Water Development Board ("TWDB"),
indicare that Lubbock's water use in high-use years is expected to increase to over 50 mgd by 2040 assuming low population
growth. Although historical population increases have not been as great as the TWD B population estimates, increased population
and decreasing water supplies have required the City to pursue new sources of supply.
In 1978 Freese and Nichols, Inc., Consulting Engineers, estimated that Lake Alan Henry would have a firm yield of 26,100
acre feet per year when the lake is first constructed, and 20,600 acre feet per year after 50 years of operation. If the reservoir
is operated with a variable rate of demand, an estimated average yield of 30,200 acre feet per year could be withdrawn initially.
After 50 years of operation, the variable demand yield would decrease to 27,000 acre feet per year. This would provide
Lubbock with a reliable water supply of 23 .3 mgd and an average water supply of 26.9 mgd. Assuming a worst case scenario
of: a 65 percent allocation from CRMWA (22.1 mgd), an average withdrawal from the Sand Hills Field (8.9 mgd), and a firm
yield from Lake Alan Henry (23 .3 mgd), Lubbock would have a reliable supply of 54 .3 mgd which would be sufficient to meet
projected normal water demands through about the year 2040. Based on the results of the water quality monitoring program
by the United States Geological Survey and Lubbock, it was concluded that water in Lake Alan Henry would be of similar
quality to water from Lake Meredith.
The City has contracted Wtth BRA under a Construction and Management Agreement (the "Contract") to construct the dam and
water supply reservoir at the Lake Alan Henry site (the "Project") and construction commenced in 1991. Total construction
cost is estimated to be $54,639,000 and BRA has issued $56,655,000 Special Facilities (Lake Alan Henry) Revenue Bonds to
provide funds for construction and establishment of reserve and repair and replacement funds. The Special Facilities Bonds are
payable from net revenues derived from the operation and ownership of Lake Alan Henry, principally from payments to be made
under the Contract to BRA by the City.
Under the Contract the City will buy and pay for the entire amount of water which can be supplied by the Project whether used
or not. Payments to BRA during each Fiscal Year (beginning October 1 and ending September 30) shall equal the sum of:
(1) Capital costs (debt service) payable during such Fiscal Year; plus
(ii) Maintenance and Operation Costs as adjusted, which, by the Authority.' s estimates made prior to the beginning of such
Fiscal Year, will be incurred during such Fiscal Year; plus
(iii) Management Fees for such Fiscal Year.
Payments under the Contract constitute operating expenses of the City's Waterworks System, payable from gross revenues of
the Waterworks System.
A -7
; The project will be essentially completed in late 1993, .however, the claims :of royalty and niine.ral owners of the land area
covered by the Project have not been resolved and are in various stages of condemnation and litigation. The dam gates cannot
be closed until these matters are resolved. It is the opinion of BRA Counsel that, in a worst case scenario, final resolution could
increase costs of the Project by 15 % · to 20%, approximately $8,000,000 to $11,000,000. When the amount of these claims has
been definitively ascertained the City and BRA will address 1he various options available to conclude the Project, including the
option for BRA to issue additional Special Facilities Revenue Bonds. ·
When the gates are closed it is estimated that two to six years will be required for the reservoir to fill, based on average runoff
conditions. At conservation storage the reservoir will contain 115,937 acre feet of water; mean depth at conservation storage
will be approximately 40 feet; maximum depth will be approximately 100 feet near the dam. The contributing drainage area
is an estimated 394 square miles.
Additional facilities, which may be financed by the City directly or by BRA as additional Special Facility Revenue Bonds, will
be required to transport and treat the water from Lake Alan Henry; such facilities are not included in the estimated construction
costs shown above and are not scheduled for construction until after the year 2000.
The System ••• Lubbock's Waterworks System is modem and efficient; property, plant and equipment are valued at
$108,108,332, after depreciation and including cost of construction work in progress; at September 30, 1992. Equipment
includes remote control and communication facilities with centralized operation and direction of the w_ater supply system. The
distribution system extends throughout the City and is designed for expansion. Present pumping capacity is 106 million gallons
per day.
Storage capacity includes a 1,200 acre-foot open storage reservoir for CRMWA raw water and 8.0 million gallons clearwell
storage for treated water at the water treatment plant. In addition, 14 ground storage reservoirs and 3 elevated steel storage
tanks provide storage capacity of 61.35 million gallons, entirely adequate for peak hour and fire protection requirements.
Water Consumption
Caiendar
Year
1988 ·
1989
1990
1991
1992
Average
Dail .Y
Consumption
(mgd)*
34.981
36.367
36.408.
33.674
31.219
Maximum
Consumption
Day/Year
(mgd)*
60.399
69.124
79.003
67.377
55.503
* The City has water sales contracts for the sale of treated water to Reese Air Force Base, the City of Lake Ransom Canyon
and Lubbock County Water Control and Improvement District No. 1 (Buffalo Springs Lake); deliveries to these entities,
averaging 0.655 mgd in 1992, are included in the above calculations. ·
Water Treatment Facilities ••• The water treatment plant for the treatment of raw water received from CRMW A_ has a
maximum hydraulic capacity of 75 mgd. The plant has a 1,200 acre-feet open storage reservoir which pennits storage of raw
water during "off-peak" periods and 8.0 million gallons clearwell storage for treated water.
The plant also treats CRMW A raw water for the Cities of Br9wnfield, 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; total percentage of participation in treatment plant costs by these cities
is 20.34 % • In Calendar 1992 deliveries from the plant totaled 11,945,037 gallons of which 10,122,074 gallons was for Lubbock
and 1,822,963 was delivered to the other participating' cities ..
The plant is being upgraded and improved with major financing provided from the proceeds of $16,120,000 Combination Tax .
and Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1991. Objectives are to (1) enable the plant
to comply with the Safe Drinking Water Act of 1986 and (2) upgrade the plant for safety, maintenance and repair. Total
estimated cost of the program is $17,070,000. , . .
Lubbock's ground water supply does not.require treatment (oltter than the addition of chlorine).
A-S
Condensed Statement of Operations • Waterworks System
Revised
Budget Budget Fiscal Year Ended
9-30-94 9-30-93 9-30-92 9-30-91 9-30-90 9-30-89
Operating R:evenues $25,678,320 $24,478,410 $20,765,507 $21,821,722 $19,668,087 $16,660,193
Non-Operating
Revenues 1,313,248 2,005,412 4,180,138 4,0501163 11880,945 626,042
Gross Revenues $26,991,568 $26,483,822 $24,945,645 $25,871,885 $21,549,032 $17,286,235
Operating ExpenseOl 16,838,554 16,556,504 15,954,609 14,592,700 11,310,532 9.758,878
Net Revenues $10,153,014 $9,927.318 $ 8,991.036 $11,279,185 $10,238,500 $7,527,357
Water Meters N.A. N.A. 62,898 62,262 62,119 62,631
(1) Operating expense includes all payments 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 $33,217,406 (including
$1,641,000 of the Bonds) general obligation debt outstanding which was issued for Waterworks System purposes on which annual
debt service is provided from net revenues of the System.
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 present
System general obligation debt and any additional Waterworks System general obligation debt issued in the future.
Water Rates (Monthly)
Base Rate <1J
3/4" meter
1" meter (single family res.)
1" (other than res.)
1.5"
2"
Consumption Rates
(per 1,000 gallons):
Single Family Residence
Multiple Family
Commercial <Zl
Schools <3J
Sprinkler
Reese AFB
Present Rates
(Effective 10-1-92)
$ 7.31
9.31
15.61
29.42
46.11
$1.34/M
1.13/M
1.23/M
1.23/M
1.68/M
1.13/M
Future Rates
Rates Effective
10-1-93
$ 7.68
9.78
16.39
30.89
48.42
$1.41/M
1.19/M
1.29/M
1.33/M
1.76/M
1.19/M
Rates Effective
10-1-94
$ 8.06
10.26
17.21
32.44
50.84
$1.48/M
1.25/M
1.36/M
1.40/M
1.85/M
1.25/M
(1) The Base Rate is for water service; Base Rates shown are for a 3/4" to 2" meters; higher Base Rates apply to larger meters
ranging from 3" to 10".
(2) The Town of Lake Ransom Canyon and Lubbock Control and Improvement District No. 1 rates are 81.17% of the
commercial rate plus proportionate costs of applicable capital improvements.
(3) Includes public schools, Texas Tech University and Lubbock Christian University.
Note: A "Rate Stabilization Fund" within the Water Enterprise Fund is accumulated from Waterworks System net revenues;
at 8-31-93 the balance in the rate stabilization account was $3,545,697.
A -9
,-
I'""'
The Sewer System
The Sewer System is operated as a separate enterprise fund and is not combined with the Waterworks System.
The Collection System ••. The sanitary sewage collection system. handled separately from the storm drainage system, includes
approximately 777 miles of trunk mains and collection lines with trunk mains installed for future expansion of the collection
system.
Water Reclamation Facilities • . • Treatment facilities consist of the Southeast Plant, with an average daily flow design capacity
of 25 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. Upgrading and expansion of the Southeast Plant, which will permit the City to consistently
comply with requirements of the Texas Water Commission for wastewater treatment and effluent disposal by irrigation of land-
application sites, is in progress.
Wastewater Flows •.•
Calendar
Year <1>
1988
1989
1990
1991
1992
Northwest
Plant
(mgd)
0.455
0.389
0.399
0.324
0.340
Southeast
Water
Reclamation
Plant
(mgd)
17.40
18.35
18.50
18.80
19.34
(1) During the period 1988-1992 the recorded combined peak daily flow was 28.0 mgd.
Effluent Disposal ••• Treated effluent is used for beneficial purposes; no effluent is presently discharged into streams. Treated
effluent from the Northwest Plant is used to irrigate approximately 1,050 acres of farm land at Texas Tech University for
agricultural research. Treated effluent from the Southeast Plant is used to irrigate two land-application sites:
(1) A site located adjacent to the City on the southeast, consisting of 5,997 acres owned by the City, currently being
upgraded; storage capacity for effluent pending use for irrigation is 412 million gallons.
(2) A 3,400 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 treated effluent 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.
Wastewater Treatment and Disposal Improvement and Expansion Project • • • Construction is in progress on a comprehensive
wastewater treatment and effluent disposal program that will upgrade and expand the Southeast Water Reclamation Plant, the
City's major wastewater treatment facility. This program will enable the Plant to consistently comply with Texas Water
Commission and United States Environmental Protection Agency permit requirements and provide treatment capacity to the
design year 2010.
Effluent will continue to be disposed of through an enhanced land application system with alternative effluent discharges of up
to 9.0 mgd to the North Pork Double Mountain Pork, Brazos River, ("NFDMF Brazos River") below Lake Ransom Canyon.
A-10
The Project has been funded through loans from the Texas Water Development Board's ("TWDB") State Water Pollution Control
Revolving Fund ("SRF") as follows:
Year
1991
1992
1993
SRF
Loan*
$ 1,655,000
34,520,000
14,425,000
$50,600,000
Project
A
B
C
Brief Projection Description
Replace effluent pipeline to land application site with new 36" line
One new activated sludge treatment plant; headworks facilities;
solids handling facilities digester rehabilitation; administration
maintenance building
Discharge pipeline to NFDMF Brazos River; renovate and upgrade
two existing treatment plants; convert existing administration
building to a laboratory
Estimated
Project
Completion
Date
Completed
May 15, 1992
July, 1994
July, 1995
* Evidenced by a separate series of Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation
for each loan (see "Computation of Self-Supporting Debt" and"The Sewer System", thereunder).
Condensed Statement of Operations -Sewer System
Revised
Budget Budget Fiscal Year Ended
9-30-94 9-30-93 9-30-92 9-30-91 9-30-90 9-30-89
Operating Revenues $11,762,559 $10,691,075 $10,275,402 $9,696,057 $ 9,571,277 $8,518,054
Non-Operating
Revenues 1,206,286 1,450,052 875,072 720,169 763,549 579,026
Gross Revenues $12,968,845 $12,141,127 $11,150,474 $10,416,226 $10,334,826 $ 9,097,080
Operating Expense <1) 5,568,165 5,230,334 4,716,171 4,137,603 4,054,261 4,124,560
Net Revenues $ 7,400,680 $61910,793 $6,434,303 $6,278,623 $6,280,565 $4,972,520
Sewer Customers N.A. N.A. 62,898 62,262 62,119 62,631
(Estimated)
(1) Operating Expense excludes depreciation and capital expenditures.
Note: The City has no outstanding or authorized Sewer System Revenue Bonds; however, there is $63,915,138 general obligation
debt outstanding (including $1,835,000 of the Bonds) which was issued for Sewer System purposes on which annual debt service
is provided from net revenues of the System.
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 present
System general obligation and any additional Sewer System general obligation debt issued in the future.
A -11
r-
Discussion or Sewer Rates
The City's sewer rate structure is a modified user charge system based on water usage and surcharges for excessive strength
contributions to the wastewater system. Previously. a sewer rate increase designed to increase revenues 9 % was effective 10-1-
1991; this rate increase was designed to initially anticipate and provide for the additional debt service requirements incurred
under the SRF loan program. As part· of the wastewater project being financed with SRF loans the City adopted the above
mentioned User Charge System with rates and regulations in accordance with Federal requirements, on October 1, 1992, with
rates as shown under "Present Rates•, below. These rates were designed to further increase Sewer System revenues by
approximately 9%. Rates effective 10-1-93, below, will increase Sewer System revenues by approximately 10% and provide
for increasing levels of debt service under the City's SRF loans (see "Debt Information"). ·
A "Rate Stabilization Fund" within the Sewer Enterprise Fund is accumulated from Sewer System net revenues; at 8-31-93 the
balance in the rate stabilization account was $5,213,213.
Sewer Rates (Monthly)
Residential
Base Rate <tl
Flow Rate (Water Consumption)*
Maximum Monthly Charge
$ 2.49
Present Rates
(Effective 10-1-92)
1.06/M gallons
$ 15.21 (12,000 gallons)
$ 2.74
Future Rates
(Effective 10-1-93)
1.16/M gallons
$ 18.98 (14,000 gallons)
* Based on average monthly water consumption for the months of low irrigation W!age (typically the previous
December-February).
Commercial/Industrial (2)
Base Rate <t)
Flow Rate (Water Consumption)
$ 2.49
1.06/M gallons
$ 2.74
1.16/M gallons
(1) The Base Rate is for sewer service; Base Rates shown are for a 3/4" water meter; higher Base Rates apply to larger meters
ranging from 1" to 10".
(2) Industrial waste that excess allowable limits is subject to surcharge for treating biochemical oxygen demand ("B .O.D. ") and
total suspended solids (f .S.S.). Present surcharge rates are B.O.D. $0.0549/lb. and T.S.S $0.0287/lb.; surcharge rates
effective 10-1-93 will be B.O.D. $0.0596/lb. and T.S.S. $0.0430/lb.
A-12
The Solid Waste Disposal System
The Solid Waste Disposal System, operated by the City's Solid Waste Management Department of the City of Lubbock, handles
collection and disposal of both residential and commercial garbage in the City. · The residential collection system services
approximately 20;000 containers and 54,000 accounts. Service is provided twice weekly. Residential collection is provided
through three cubic yard metal containers serviced in alleys by 30 AND 33-yard packer, sideloading trucks on 38 separate
routes. The residential collection unit is scheduled to purchase four (4) replacement 33 cubic yard trucks in Fiscal Year 1993-
1994.
Collection for approximately 320 commercial accounts is provided through two yard to eight yard metal containers picked up
by 32-yard automated frontloading units, and collection for approximately 1,000 accounts is provided by the same type container
and pickup equipment as residential customers. Basic service is collection twice weekly with additional service available at an
extra charge. The commercial portion of the system provides collection for approximately 25 % of the commercial solid waste
market in the City, with the remainder serviced by private contracts.
System customers may deliver covered loads to the City's Landfill at no additional cost.
Recycling Operations . • • The City has expanded its residential recycling operations City-wide effective February, 1993. The
City dispatches recycling collection trucks to collect blue bags which have been filled with recyclable commodities. First year
projections are to reduce the waste stream by 5 % • This program will supplement other recycling programs that the City
currently operates: Oil Recycling, Wood-Brush Recycling, Don't Bag It Program, Christmas Tree Recycling, and others. A
Household Hazardous Waste Program is in the planning stages.
Landfill and Disposal Operations ..• The City operates a Type 1 Landfill (fexas Department of Health permit #69) on a 320-
acre site. The facility receives approximately 200,000 tons of solid waste annually, and has a remaining life of approximately
five to seven years. Refuse is deposited into cells of approximately five acres each, compacted, and covered with six inches
of intermediate soil cover. Once a cell reaches maximum height, final cover is applied and the area is monitored by a series
of wells and visual inspections.
The City is in the process of initiating an application to the Texas Water Commission for a permit for a new 900 acre landfill
site. The new permit would include all new and proposed landfill regulations.
The landfill currently operates as a defacto regional landfill; the City is negotiating interlocal landfill use agreements with
approximately 30 area communities. These agreements would include payment of a tipping fee plus collection of an additional
$2.00 per ton surcharge. Purpose of the surcharge would be to create a cleanup fund in the event future cleanup of site was
required, or the fund could be used for future landfill facilities.
Present Landfill Program • • .
1. Closure of 144 acres of the existing landfill site that is at closure stage. Closure will be performed in accordance with
Texas Water Commission Municipal Solid Waste Management regulations.
2. Install a compacted clay liner, as required by the Texas Water Commission, in Landfill Cell IVA North (an area of
approximately five acres).
3. Acquire a D-9 Dozer and a Motor Grader.
A -13
Condensed Statement or Operations • Solid Waste Disposal System
Revised
Budget Budget Fiscal Year Ended
1993/94 1992/93 9-30-92 9-30-91 9-30-90 9-30-89
Operating Revenues $10,276,224 $8,553,965 $7,153,729 $6,340,137 $5,630,037 $5,240,173
Non-Operating Revenues 3Sl.18S 367,105 240,268 361,452 158,154 24,028
Gross Revenues $10,627,409 $8,921,070 $7,393,997 $6,701,589 $5,788,191 $5,264,201
Operating Expense <Il 5,8471825 5,418,726 5,3521566 4,949,622 4,340,042 4,440,521
Net Revenues ! 4,779,584 !3,502,344 ~,041,431 !1,751,967 !11448,149 ! 823,680
Number Residential
Customers N.A. N.A. 55,000 St,999 Sl,568 51,380
Number Commercial
Customers N.A. N.A. 1,337 1,337 1,322 1,336
(1) Operating Expense excludes depreciation and capital expenditures.
Note: The City has no outstanding or authorized Solid Waste Disposal System Revenue Bonds, however, there is $4,680,281
general obligation debt outstanding which was issued for Solid Waste Disposal System purposes on which annual debt service
is provided from revenues of the System.
It is the City's policy and intention to maintain rates and charges for Solid Waste Disposal System service that will provide net
revenues of the System that will fully provide for debt service on general obligation debt issued for Solid Waste Disposal System
purposes over the life of present System general obligation debt and any additional Solid Waste Disposal System general
obligation debt issued in the future.
A-14
Solid Waste Collection Rates
Residential (Monthly)
(Effective 10-1-92)
3 yard container typically shared by
households with. twice a week
service $11.00
Small Comme~cial, Churches, Professional Offices, Nursing Homes and Other Interests Generating
Less Than 20 Cubic Feet Per Pickup (Monthly)
(Effective 10-1-92)
twice a week service
Commercial (Monthly)
(Effective 10-1-85)
Landfill Fees
2 yard container with twice a week service
3 yard container with twice a weels;. service
4 yard container with twice a week service
6 yard container with twice a week service
8 yard container with twice a week service
Extra pickups. for commercial
Size of Vehicle
Pickup, small trailers (1/2 ton or less)
Pickups over 1/2 ton
Container t.rucks and packer t.rucks:
5 cubic yards
12 cubic yards
20 cubic yards
24 cubic yards
28 cubic yards
30 cubic yards
32 cubic yards
40 cubic yards
80 cubic yards
$11.00
$24.00
$36.00
$48.00
$72.00
$96.00
$ 1.50 per yard per pickup
Present Rates O)
(Effective 10-1-92)
$ 6.25
18.75
15.65
37.50
75.00
90.00
105.00
112.50
120.00
150.00
250.00
Future Rates m
(Effective 10-1-93)
$ 9.00
18.00
22.50
54.00
90.00
108.00
126.00
135.00
144.00
180.00
360.00
(1) The City or the user may, at the option of either party, supersede the above schedule with a charge per ton of waste of
$12.00 per ton (present rate} or $18.00 per ton (future rate}.
Billings -Waterworks, Sewer and Sanitation
Customers of Lubbock's water, sewer and sanitation systems are billed simultaneously on one statement; if the customer 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 5:00 PM and $25.00 after 5:00 PM and during weekends and
holidays.
A -15
,,..,
Lubbock Power and Light
Lubbock Power and Light ("LP&L ") was established in 1916, and is presently the largest municipal system in the West Texas
region and the third largest in the State of Texas. LP&L and Southwestern Public Service Company ("Southwestern"), a
privately owned utility company operating within the corporate limits of the City, each provide electric service to residents and
businesses of the City. Essentially all of the City is covered by both systems, each of which has parallel lines throughout the
City; one small area is served exclusively by South Plains Electric Cooperative and one small area is served exclusively by
LP&L. As of June, 1993, the System served 58.6% of all connections.
Southwestern was granted a new 20-year franchise in 1982. The company pays the City a franchise tax of 3% of its gross
receipts which is deposited into the City's General Fund; LP&L makes an equivalent payment in lieu of taxes to the General
Fund of the City. As of June, 1993,. Southwestern supplies power to approximately 41.4 % of the customers in Lubbock.
LP&L generates part of its power requirements through the use of three generating stations located within the City. These plants
are geographically separated and deliver bulk power to substations through a 69 kilovolt (kV) transmission loop system.
LP&L currently contracts for the purchase of 2S megawatts (MW) of power from Southwestern; power is delivered via two
interconnections, each capable of delivering up to 100 MW to LP&L.
Generating Stations ••. The total generating capacity of LP&L is 220,500 kW. Gas turbine generators provide the system with
52,500 kW of ready reserve and quick~start generation for emergency and peaking service. A new high efficiency gas turbine
at Texas Tech University (B.Z. Brandon Station) is base loaded. Generating units consist of the following:
Generator
Year Capacity
Manufacturer Installed Station Prime Mover Fuel in kW
Nordberg 1946 2* Diesel Dual Fuel 2,500
Nordberg 1947 2* Diesel Dual Fuel 2,500
Westinghouse 1952 2* Steam Turbine Gas or Oil 11,500
Westinghouse 1953 2* Steam Turbine Gas or Oil 11,500
Westinghouse 1958 2* Steam Turbine Gas or Oil 22,000
Westinghouse 1964 Holly Gas Turbine Gas or Oil 12,500
General Electric 1965 Holly Steam Turbine Gas or Oil 44,000
Worthington 1971 Holly Gas Turbine Gas or Oil 18,000
General Electric 1974 Holly Gas Turbine Gas or Oil 22,000
General Electric 1978 Holly Steam Turbine Gas or Oil 54,000
General Electric 1990 E.Z. Brandon Gas Turbine** Gas or Oil 20,000
220,500
• Since the completion of the second interconnection with Southwestern Public Service, Station No. 2 has been kept on standby
and is used for peak and emergency power purposes.
** High efficiency, cogeneration plant located at Texas Tech University; waste heat is used to produce steam which is sold to
the University.
Interconnection . • . An interconnection with Southwestern was completed and LP&L commenced buying power from
Southwestern in December, 1981. In April, 1986, a second interconnection with Southwestern was energized; each
interconnection is capable of providing up to 100 MW to LP&L.
A-16
Purchased Power .•. LP&L' s contract with Southwestern extends to December 31, 2004, with year to year extensions thereafter
subject to five years notice of termination by either party. The contract provides for "firm power•, "emergency energy" and
"non-firm" energy;. non-firm energy purchases by LP&L are made on an economic dispatch basis and are subject to
Southwestern's sole discretion to make such sales. Southwestern is the only interconnection to LP&L's system; the City must
give two years notice of intention to take power from another supplier. The City specifies its firm power requirements five years
in advance subject to adjustment by plus or minus 30% at least one year in advance. LP&L has designated 30 MW for 1993,
40 MW for 1994 and 1995, 45 MW for 1996 and 55 MW for 1997. Southwestern will make such firm power and energy
available to LP&L as specified, provided it has sufficient capacity in its existing facilities for any requested increase.
Southwestern serves an area covering the Panhandle and South Plains of Texas and parts of eastern New Mexico with an
integrated electric generating and distribution system.
Fuel Supply ... Present primary fuel supply for LP&L 's generating system is natural gas, which is supplied by Adobe Gas
Pipeline Company, Adobe Gas Marketing Company and Prudential-Bache Energy Growth Fund; LP&L has other alternative
gas supplies including in-ground reserves owned by LP&L. These major gas suppliers are under long term contracts which
provide LP&L with -maximum flexibility in securing the lowest cost energy at all times.
Secondary fuel in the form of fuel oil has been maintained in storage in the City. LP&L's present storage capability of fuel
oil, for standby, secondary fuel, is over 440,000 gallons, an adequate supply of fuel oil for two days operation; with expected
re-supply, this period would the substantially extended. The 1978 Holly steam generator has a multi-fuel capability as it is
designed to bum natural gas or all grades of fuel oil. However, due to environmental restrictions, LP&L plans to burn all fuel
oil in storage within two years and thereafter depend on purchased power for back-up generation.
Transmission and Distribution •.. A 69,000 volt (69 kV) transmission loop system, 74.45 miles in length, provides bulk power
to eleven 69,000/12470 bulk substations with a combined base capacity of351 megavolt amps (MVA). With all cooling systems
in operation, these substations could provide up to 532 MV A. Of the above 69kV transmission lines, 27.41 miles have been
constructed for operation at 115 kV. When system load dictates, these lines will be energized to 115kV and provide an
additional 250 % of transmission capacity due to the increased voltage. LP&L also has two interconnections with Southwestern
Public Service which can provide up to 200 MV A of additional power; these interconnections are tied to LP&L through 4.35
miles of 230 kV transmission lines.
The distribution system includes approximately 659.56 miles of overhead distribution lines and approximately 208.53 miles of
underground distribution lines. There are five 12,470/4160 volt substations in the distribution system. Net system load for
Fiscal Year Ended September 30, 1992, was 963,324,518 kilowatt hours (kWh) with a peak demand of 218,000 kW.
Continuing Transmission and Distribution System Improvement Program ••. A transmission and distribution system construction
and improvement program using internally generated funds is in progress.
Recent Substation Construction and Facilities Relocation Program
(1) A "South Substation" to meet expected load growth in south and southwest Lubbock and expected load growth
along the 1-27 corridor has been constructed; this substation will also prevent future voltage problems in this region;
the substation consists of two 15/20/25 MV A transformers with all required substation facilities, 69 kV transmission
line extensions and 12.5 kV distribution feeder lines.
(2) East/West Freeway Clearing ... The State's construction plans for an east/west freeway across Lubbock require
that a major 69 kV transmission line along with numerous distribution lines located on or along existing public streets
and alleys be relocated.
A -,7
,...
,-.
Electric Rates
Electric rates in the City are set by City Council Ordinance and are the same for LP&L and Southwestern except for church,
school and municipal rates, and minor variations in billing policies, and South Plains Electric Cooperative customers. Present
rates became effective June 1, 1989. ·
Selected Electric Rates (Effective 6-1-1989)
Residential
Service Availability Charge
All kWh per month @ 3.93¢ per kWh
Plus: Fuel Cost Recovery <1l
General Service
Service Availability Charge:
First 1,000 kWh per month
Next 6,000 kWh per month
Next 6,000 kWh per month
All additional kWh per month
$ 4.66 per month
$12.48 per month
5 .24¢ per kWh*
2.22¢ per kWh
1.05¢perkWh
0.55¢ per kWh
* Add to the 5 .24¢ block 200 kWh for every kW of demand in
excess of 10 kWs. Demand: Measured as the customers kW
demand for. the 30-minute period of greatest use during the
month .
.e.!Y!: Fuel Cost Recovery. (I)
Minimum Charge: $12.98 per month for demand of 10 kW or
less, plus $3.50 per kW for next 15 kW above 10 kW, plus
$2.30 per kW for all additional kW. No demand shall be taken
as less than 50% of highest demand established in 12 months
ending with current month.
(1) Fuel Cost Recovery:
The charge per kilowatt hour shall be increased by a fuel factor
per kilowatt hour as provided in current Southwestern Public
Service Tariff 7100 (Public Utility Commission of Texas sheet
IV-69). The fuel factor will remain constant for approximately
one year. At this time the fuel factor is $0.020636/k:Wh. All
rates are subject to fuel cost recovery.
A-18
Condensed Statement of Operations -Electric Light and Power System
Fiscal Year Ended 9-30
1992 1991 1990
Operating Revenues $ 50,196,280 $ 49,142,119 $ 49,271,634
Non-Operating Income 4,081,025 3,247,106 2;926,158
Gross Revenues $ 54,277,305 $ 52,389,225 $ 52,197,792
Operating Expense Cl) 33,900,204 33,225,153 33,730,001 ·
Net Revenues $ 20,377,101 $ 19,164,072 $ 18,467,791
Electric Connections 47,194 46,014 45,114
(1) Operating Expense excludes depreciation and capital expenditures.
Maximum Principal and Interest Requirements, Electric System Revenue Bonds,
1989
$ 49,285,975
3,802,433
$ 53,088,408
34,442,694
$ 18,645,714
44,402
Fiscal Year Ending 9-30-93 ..•..••••.•.•••.••..•.•...•.•.•.•.• · .•.••.•.•••..••
1988
$ 49,102,951
2,629,613
$ 51,732,564
31,928,152
$ 19,804.412
43,781
Coverage by Net Revenues, Fiscal Year Ended 9-30-92 .....•.••.....•.•••..•.•...•.•.•..
Electric Light and Power System Revenue Bonds Outstanding 9-30-92 •••.•••.••.•••.•••.•.•..
$6,611,854
3.08 Times
$39,234,965
$ 5,941,381
$ 3,413,183
Interest and Sinking Fund, 9-30-92 •.••••..•.•••.•.•••.••.....•..••.••..•..•...•.
Reserve Fund, 9-30-92 ••.•.•..•••••.•.•.•.•.•.•.••••••.••••••.•.•.•..••.•.•.
A-19
,...,
.--
,,...
APPENDIXB
FORM OF BOND COUNSEL'S OPINION -THE BONDS
THIS PAGE LEFT BLANK INTENTIONALLY
TELEPHONE: 214/855•8000
rACSIMILE: 214/855•8200
FULBRIGHT & JAWORSKI
L. L. P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
. HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
Airport General Obligation Bonds, Series 1993" (the "Bonds"), dated October 1, 1993
(the "Bond Date"), in the principal amount of $2,550,000, we have examined into the
legality and validity of the issuance thereof by the City of Lubbock, Texas (the "City"),
which Bonds are issuable in fully registered form only, in denominations of $5,000 or
any integral multiple thereof (within a maturity), have stated maturities of February
15, 1995 through February 15, 2014, unless redeemed prior to maturity in accordance
with the terms stated on the Bonds, and bear interest on the unpaid principal amount
from the Bond Date at the rates per annum stated in the ordinance authorizing the
issuance of the Bonds (the "Ordinance"), such interest being payable on February 15
and August 15 in each year, commencing ___ 15, 1994, to the registered owners
thereof shown on the registration books of the Paying Agent/Registrar on the Record
Date (stated on the face of the Bonds).
WE HA VE SERVED AS BOND COUNSEL for the City solely to pass upon the
legality and validity of the issuance of the Bonds under the Constitution and laws of
the State of Texas, and with respect to the exclusion of the interest on the Bonds 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 Bonds 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 Bonds, including the Ordinance, customary
certifications and opinions of officials of the City and other pertinent showings, and an
examination of the Bond 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 the Bonds have
been duly authorized by the City in compliance with the Constitution and laws of the
State of Texas now in force, and the Bonds 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 v.alorem tax levied, within the limitations prescribed by law,
120384
Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P.
Re: $2,550,000 "City of Lubbock, Texas, Airport General Obligation Bonds, Series
1993", dated October 1, 1993
upon all taxable property in the City, except to the extent that the enforceability r-,
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.
IT IS FURTHER OUR OPINION THAT, 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 Bonds,
interest on the Bonds for federal income tax purposes will be excludable from gross
income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to
the date hereof, of the owners thereof pursuant to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, except with respect to
any Bond for any period of time during which such Bond is owned by a person who,
within the meaning of Section 147(a) of the Internal Revenue Code of 1986, as
amended, is a 11substantial user" of any of the facilities financed from the proceeds of
the Bonds or a "related person.'' WE CALL YOUR ATTENTION TO THE FACT
THAT INTEREST ON THE BONDS WILL BE A PREFERENCE ITEM FULLY
INCLUDABLE IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE
INCOME OF THE OWNERS OF THE BONDS WHICH ARE INDIVIDUALS,
CORPORATIONS, TRUSTS, OR ESTATES. Alternative minimum taxable income is
the basis on which the alternative minimum tax imposed on individuals, corporations,
trusts, and estates by the Tax Reform Act of 1986 and the environmental tax imposed
by the Superfund Revenue Act of 1986 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 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, individual
recipients of Social Security or Railroad Retirement Benefits, 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.
120384
APPENDIXC
FORM OF BOND COUNSEL'S OPINION -TIIE CERTIFICATES
THIS PAGE LEFT BLANK INTENTIONALLY
TELEPHONE: 214/855-8000
F"ACSIMILE: 214/855-8200
FULBRIGHT & JAWORSKI
L. L. P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
HOUSTON
WASHINGTON, O.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
Tax and Airport Surplus Revenue Certificates of Obligation, Series 1993" (the
11Certificates11), dated October 1, 1993 (the "Certificate Date"), in the principal amount
of $3,625,000, we have examined into the legality and validity of the issuance thereof
by the City of Lubbock, Texas (the "City"), which Certificates are issuable in fully
registered form only, in denominations of $5,000,, or any integral multiple thereof
(within a maturity), have stated maturities of February 15, 1995 through February 15,
2014, unless redeemed prior to maturity in accordance with the terms stated on the face
of the Certificates, and bear interest on the unpaid principal amount from the
Certificate Date at the rates per annum set forth 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 _____ 15, 1994, to the
registered owners thereof shown on the registration books of the Paying
Agent/Registrar on the Record Date (stated on the face of the Certificates).
WE HA VE 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 Certificate No. T-l 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 the Certificates
have been duly authorized by the City in compliance with the Constitution and laws of
the State of Texas now in force, and the Certificates issued in compliance with the
provisions of the Ordinance are valid, legally binding and enforceable obligations of the
City, payable from an ad valorem tax levied, within the limitations prescribed by law,
upon all taxable property within the limits of the City, and are additionally payable from
and equally and ratably secured by a lien on and pledge of the Surplus Revenues (as
defined in the Ordinance) of the City's Airport, except to the extent that the
enforceability of the Certificates and the provisions made for payment thereof may be
affected by bankruptcy, insolvency, reorganization, moratorium, or other similar laws
120386
Page 2 of Legal Opinion of Fulbright &Jaworski L.L.P.
RE: $3,625,000 "City of Lubbock, Texas, Tax · and Airport Surplus Revenue r-..
Certificates of Obligation, Series 1993.·
affecting creditors' rights or the exercise of judicial discretion in accordance with the
general principles of equity.
IT IS FURTHER OUROPINION THAT, 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 will be excludable from gross
income, as defined in section 61 ofthe Internal Revenue Code of 1986, as amended to the
date hereof, of the owners thereof pursuant to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, except with respect to any
Certificate for any period of time during which such Certificate is owned by a person
who, within the meaning of Section 147(a) of the Internal Revenue Code of 1986, as
amended, is a "substantial usern of any of the facilities financed from the proceeds of the
Certificates or a "related person." WE CALL YOUR ATTENTION TO THE FACT
THAT INTEREST ON THE CERTIFICATES WILL BE A PREFERENCE ITEM
FULLY INCLUDABLE IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE
INCOME OF THE OWNERS OF THE CERTIFICATES WHICH ARE INDMDUALS,
CORPORATIONS, TRUSTS, OR ESTATES. Alternative minimum taxable income is the
basis on which the alternative minimum tax imposed on individuals, corporations, trusts,
and estates by the Tax Reform Act of 1986 and the environmental tax imposed by the
Superfund Revenue Act of 1986 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, 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.
120,386 -
No Text
Financial Advisory Services
Provided By
1 FIRST SOUTfM]SJ COMPANY
INVESTMENT. BANKERS .
-
October 15, 1993
Messrs. Fulbright & Jaworski L.L.P.
2200 Ross Avenue, Suite 2800
Dallas, Texas 75201
RE: $19,215,000, "City of Lubbock, Texas, General Obligation
Bonds, Series 199311 (the "G.O. Bonds"); $1,470,000, "City
of Lubbock, Texas, Tax and Waterworks System (Limited
Pledge) Revenue Certificates of Obligation, Series 19~3"
(the "Limited Pledge Certificates••) ; $2,550,000 "City of
Lubbock, Texas, Airport General Obligation Bonds, Series
1993 11 (the "Airport Bonds"); and $3,625,000, "City of
· Lubbock, Texas, Tax and Airport surplus Reyenue
Certificates of Obligation, Series 1993 (the "Airport
Certificates")
Gentlemen:
Enclosed you will find four Certificates as to Tax
Exemption with respect to each of the above described series of
obligations executed but undated.
At such time as the above described obligations are
delivered to the purchaser, you are authorized to complete and
date each of these Certifica Tax Exemption.
123419
City
inancial Services
City of Lubbock, Texas
for
. '.
-
-
October 15, 1993
NationsBank of Texas, N.A.
P. o. Box 8310402
Dallas, Texas 75284-1402
Attention: Wilson Howard
RE: $19,215,000, "City of Lubbock, Texas, General Obligation
Bonds, Series 1993" (the "G.O. Bonds"); $1,470,000, "City
of Lubbock, Texas, Tax and Waterworks System (Limited
Pledge) Revenue Certificates of Obligation, Series 1993"
(the "Limited Pledge Certificates"); $2,550,000 "City of
Lubbock, Texas, Airport General Obligation Bonds, Series
1993" (the "Airport Bonds"); and $3,625,000, "City of
Lubbock, Texas, Tax and Airport Surplus Revenue
Certificates of Obligation, Series 1993 (the "Airport
Certificates")
Ladies and Gentlemen:
In reference to the above described series of obligations,
the payment for and delivery of the same to the initial purchasers
is to occur at your Bank. Preliminarily to the delivery of said
certificates, the firm of Fulbright & Jaworski L.L.P. (2200 Ross
Avenue, Suite 2800, Dallas, Texas 75201) will be receiving the
fully registered obligation of each series in the total principal
amount of each of said series (the "Obligations") from the
Comptroller of Public Accounts of the State of Texas, together
with the approving opinion of the Attorney General. After the
examination of the Obligations by said Firm, the same will be
forwarded to you and thereupon you are authorized to deliver the
same to the purchasers thereof, to wit: Kidder Peabody and
Southwest Securities (in accordance with the payment letters
previously received from First Southwest Company) or their order,
upon payment being made therefor in immediately available funds in
accordance with the terms of sale and the terms of the Receipt
enclosed herewith.
When payment for the Obligations has occurred, please
transmit the proceeds thereof by the fastest means available in
immediately available funds to the City's depository bank,
American State Bank, Selma Sequick (806) 763-7061.
Enclosed herewith you will find three copies of the
Signature and No-Litigation Certificate executed and completed
123419
, .... ) ) ) ) ) \
-
-
-
-
-
except as to date. When payment for the Initial Obligations is
made, please date and release one copy of the Signature and
No-Litigation Certificate to the purchasers and forward the
remaining copies of said No-Litigation Certificate and all copies
of the enclosed Receipt (executed and dated) -to Bond Counsel at
the address shown above.
Should any litigation having any effect upon the subject
obligations develop prior to the time you have received payment
for the same, we, the undersigned will notify you at once by
telephone and by telegraph. You may thus be assured that there is
no such litigation at the ~11te~ne obligations are delivered to
you unless you have b advi ed other · in the manner
aforementioned.
Lubbock,
Citye'cretay
City of Lubbock, Texas
123419
No Text
,..
DAN MORALES
ATTORNEY GENERALI"\ oJ
®ffice of tbe ~ttornep ~eneral
~tatc of tn:cxas
November 15, 1993
THIS IS TO CERTIFY that the City of Lubbock, Texas
(the "Issuer"), has submitted to me City of Lubbock.
Texas. General Obligation Bond. series 1993 (the "Bond"),
in the principal amount of $19,215,000 for approval. The
Bond is dated October 1, 1993, numbered T-1, and was
authorized by Ordinance No. 9660 of the Issuer passed on
October 15, 1993.
I have examined the law and such certified proceedings and
other papers as I deem necessary to render this opinion.
As to questions of fact material to my opinion, I have relied
upon representations of the Issuer contained in the certified
proceedings and other certifications of public officials furnished
to me without undertaking to verify the same by independent
investigation.
I express no opinion relating to the Official Statement or any
other offering material relating to the Bond.
Based on my examination, I am of the opinion, as of the date
hereof and under existing law, as follows:
(1) The Bond has been issued in accordance with law and is a
valid and binding obligation of the Issuer.
(2) The Bond is payable from the proceeds of an annual ad
valorem tax levied, within the limits prescribed by law, upon
all taxable property within the Issuer.
Therefore, the Bond is approved.
No.mTl
Book No. 93-D
spc
512/463-2100
PRINTED ON RECYCLED PAPER
P.O. BOX 12548 AUSTIN, TEXAS 78711-2548
AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER
No Text
,..
,..
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I. Kaye Tucker, D Bond Clerk [BJ Assistant Bond Clerk In the office of the Comptroller of the State
of Texas, do hereby certify that, acting under the direction and authority of the Comptroller on the
16th day of Noyember, 1993. I signed the name of the Comptroller to the certificate of registration
endorsed upon the:
City of Lubbock, Texas, General Obligation Bond, Series 1993.
numbered I::l.. dated ~~~....ll~. and that in signing the certificate of registration I used the
following signature:
I, John Sharp, Comptroller of Public Accounts of the State of Texas, certify that the person
who has signed the above certificate was duly designated and appointed by me under authority
vested in me by TEX. REV. CIV. STAT. ANN. art. 4362 (1969), with authority to sign my name to all
certificates of registration, and/or cancellation of bonds required by law to be registered and/or
cancelled by me, and was acting as such on the date first mentioned in this certificate, and that the
bonds/certificates described in this certificate have been duly registered in the office of the
Comptroller, as appears of record on page ill of volume &ii under Registration Number~ in
the Bond Register kept in the office of the Comptroller.
GIVEN under my hand and seal of office at Austin, Texas, this the 16th day of Noyembet ~-
<f'4s4,
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
No Text
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, John Sharp, Comptroller of Public Accounts of the State of Texas,
do hereby certify that the attachment Is a true and correct copy of the
opinion of the Attorney General approving the:
City of Lubbock, Texas. General Obligation Bond, Series 1993
numbered I.:1, of the denomination of$ ]9.215,000. dated October 1, 1993,
as authorized by issuer, interest yarjous percent, under and by authority of
which said bonds/certificates were registered in the office of the
Comptroller, on the 16th day of November, 1993, as appears of record on
page~ of volume M under Registration Number 55798 in the Bond
Register kept in the office of the Comptroller.
Given under my hand and seal of office, at Austin, Texas, the .1mh
day of November. 1993.
1~s,?
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
r
DAN MORALES
A TIORNEY GENERAL Mf
®ffitt of tbt §ttornt!' c!gcncral
6tate of t!l:exaf)
November 15, 1993
THIS IS TO CERTIFY that the City of Lubbock, Texas
(the "Issuer"}, has submitted to me City of Lubbock.
Texas, Airport General Obligation Bond. series 1993 (the
"Bond"), in the principal amount of $2,550,000 for
approval. The Bond is dated October 1, 1993, numbered
T-1, and was authorized by Ordinance No. 9662 of the
Issuer passed on October 15, 1993.
I have examined the law and such certified proceedings and
other papers as I deem necessary to render this opinion.
As to questions of fact material to my opinion, I have relied
upon representations of the Issuer contained in the certified
proceedings and other certifications of public officials furnished
to me without undertaking to verify the same by independent
investigation.
I express no opinion relating to the Official Statement or any
other offering material relating to the Bond.
Based on my examination, I am of the opinion, as of the date
hereof and under existing law, as follows:
(1) The Bond has been issued in accordance with law and is a
valid and binding obligation of the Issuer.
(2) The Bond is payable from the proceeds of an annual ad
valorem tax levied, within the limits prescribed by law, upon
all taxable property within the Issuer.
Therefore, the Bond is approved.
No. Z7728
Book No. 93-D
ape
5121463-2100
Pll.fNTID ON RECYCLED PAPE/I
P.O. BOX 12548 AUSTIN, TEXAS 78711-2548
AN EQUAL EMPIDYMENT OPPORTUNITY EMPLOYER
.. -
,...
,,
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, Kaye Tucker, Qeond Clerk ~Assistant Bond Clerk in the office of the Comptroller of the State
of Texas, do hereby certify that, acting under the direction and authority of the Comptroller on the
16th day of November. 1993. I signed the name of the Comptroller to the certificate of registration
endorsed upon the:
City of Lubbock. Texas. Aieport General Obligation Bond. Series 1993.
numbered .I:1, dated October 1, 1993. and that in signing the certificate of registration I used the
following signatur :
IN WITNESS WHEREOF I hav executed this certificate this the 16th day of Noyernber. 1993.
I, John Sharp, Comptroller of Public Accounts of the State of Texas. certify that the person
who has signed the above certificate was duly designated and appointed by me under authority
vested in me by TEX. REV. CIV. STAT. ANN. art. 4362 (1969), with authority to sign my name to all
certificates of registration, and/or cancellation of bonds required by law to be registered and/or
cancelled by me, and was acting as such on the date first mentioned in this certificate, and that the
bonds/certificates described in this certificate have been duly registered In the office of the
Comptroller, as appears of record on page m. of volume .a§ under Registration Number 5SW in
the Bond Register kept in the office of the Comptroller.
GIVEN under my hand and seal of office at Austin, Texas, this the 16th day of November.
lia3..
f~s4
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
I"
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, John Sharp, Comptroller of Public Accounts of the State of Texas,
do hereby certify that the attachment is a true and correct copy of the
opinion of the Attorney General approving the:
City of Lubbock. Texas, Airport General Obligation Bond. Series 1993
numbered I:1. of the denomination of$ 2,550.000. dated October 1. 1993,
as authorized by issuer, interest yarjous percent, under and by authority of
which said bonds/certificates were registered in the office of the
Comptroller, on the 16th day of November. 1993. as appears of record on
page 51.a of volume~ under Registration Number 55799 in the Bond
Register kept in the office of the Comptroller.
Given under my hand and seal of office, at Austin, Texas, the .16.th
day of November, 1993.
<f~s4,
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
,,.
r
c@ffict of tbt §ttorntp cltntral
&,tatc of Utcxar,
DAN MORALES,.\
ATTORNEY GENERAL fl\~ November 15, 1993
THIS IS TO CERTIFY that the City of Lubbock, Texas
(the "Issuer"), has submitted to me City of Lubbock,
Texas. Tax and Waterworks System (Limited Pledge) Revenue
Certificate of Obligation. Series 1993 (the
"Certificate") in the principal amount of $1,470,000 for
approval. The Certificate is dated October 1, 1993, ·
numbered T-1, and was authorized by Ordinance No. 9661 of
the Issuer passed on October 15, 1993 (the "Ordinance").
I have examined the law and such certified proceedings and
other papers as I deem necessary to render this opinion.
As to questions of fact material to my opinion, I have relied
upon representations of the Issuer contained in the certified
proceedings and other certifications of public officials furnished
to me without undertaking to verify the same by independent
investigation.
I express no opinion relating to the Official Statement or any
other offering material relating to the Certificate.
Based on my examination, I am of the opinion, as of the date
hereof and under existing law, as follows (capitalized terms,
except as herein defined, have the meanings given to them in the
Ordinance):
(1) The Certificate has been issued in accordance with law
and is a valid and binding obligation of the Issuer.
(2) The Certificate is payable from the proceeds of an annual
ad valorem tax levied, within the limit prescribed by law,
upon· all taxable property in the Issuer, and additionally
payable from and secured by a lien on and limited pledge of
the Net Revenues of the Issuer' System, such lien and pledge,
however, being junior and subordinate to the lien on and
pledge of the Net Revenues of the system securing the payment
of Prior Lien Obligations.
Therefore, the Certificate is approved.
No. '17729
Boole No. 93•D
ape
512/463,2:tOQ -·'
PRINTED ON RECYCLED PAPER
P.O. BOX 12548 AUSTIN, TEXAS 78711,2548
AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER
No Text
OFFICE OF COMPTROLLER
OF THE STA TE OF TEXAS
I. Kaye Tucker, D Bond Clerk ~Assistant Bond Clerk in the office of the Comptroller of the State
of Texas, do hereby certify that, acting under the direction and authority of the Comptroller on the
16th day of Noyember, 1993. I signed the name of the Comptroller to the certificate of registration
endorsed upon the:
City of Lubbock, Texas, Tax and Waterworks System 0-irotted Pledge) Revenue Certmcate of
Obligation, Series 1993.
numbered I:1, dated October 1, 1993, and that in signing the certificate of registration I used the
following signalure~~
IN WITNESS WHEREOF I have executed this certificate this the 16th day of Noyember. 1993.
~¥~·
I, John Sharp, Comptroller of Public Accounts of the State of Texas, certify that the person
who has signed the above certificate was duly designated and appointed by me under authority
vested in me by TEX. REV. CIV. STAT. ANN. art. 4362 (1969), with authority to sign my name to all
certificates of regi~ration, and/or cancellation of bonds required by law to be registered and/or
cancelled by me, and was acting as such on the date first mentioned in this certificate, and that the
bonds/certificates described in this certificate have been duly registered in the office of the
Comptroller, as appears of record on page 5M of volume &Ji under Registration Number~ In
the Bond Register kept in the office of the Comptroller.
GIVEN under my hand and seal of office at Austin, Texas, this the 16th day of November,
.1,iil.
f'4s4,
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
No Text
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, John Sharp, Comptroller of Public Accounts of the State of Texas,
do hereby certify that the attachment is a true and correct copy of the
opinion of the Attorney General approving the:
City of Lubbock, Texas. Tax and Waterworks System (Limited Pledge)
Revenue Certificate of Obligation. Series 1993
numbered I:.1, of the denomination of $ 1,470.000, dated October 1. 1993.
as authorized by issuer, interest yarjous percent, under and by authority of
which said bonds/certificates were registered in the office of the
Comptroller, on the 16th day of November, 1993, as appears of record on
page filiO. of volume M under Registration Number 55800 in the Bond
Register kept in the office of the Comptroller.
Given under my hand and seal of office, at Austin, Texas, the 16th
day of November, 1993.
</,4s4,
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
l'
.-
,...
,...
DAN MORALE~
ATTORNEY GENERAL~
@ffice of tfJt ~ttorntp 6tntral
jj,tatc of tll:cxai,
November 15, 1993
THIS IS TO CERTIFY that the City of Lubbock, Texas
(the "Issuer"), has submitted to me City of Lubbock,
Texas. Tax and Airport surplus Revenue Certificate of
Obligation. Series 1993 (the "Certificate") in the
principal amount of $3,625,000 for approval. The
certificate is dated October 1, 1993, numbered T-1, and
was authorized by Ordinance No. 9663 of the Issuer passed
on October 15, 1993 (the "Ordinance").
I have examined the law and such certified proceedings and
other papers as I deem necessary to render this opinion.
As to questions of fact material to my opinion, I have relied
upon representations of the Issuer contained in the certified
proceedings and other certifications of public officials furnished
to me without undertaking to verify the same by independent
investigation.
I express no opinion relating to the Official statement or any
other offering material relating to the certificate.
Based on my examination, I am of the opinion, as of the date
hereof and under existing law, as follows (capitalized terms,
except as herein defined, have the meanings given to them in the
Ordinance) :
(1) The Certificate has been issued in accordance with law
and is a valid and binding obligation of the Issuer.
( 2) The certificate is payable from the proceeds of an annual
ad valorem tax levied, within the limit prescribed by law,
upon all taxable property in the Issuer, and additionally
payable from and secured by a lien on and pledge of the
Surplus Revenues of the Issuer's Airport, such lien and
pledge, however, being junior and subordinate to the lien on
and pledge of the Surplus Revenues of the Airport securing the
payment of Prior Lien Obligations.
Therefore, the Certificate is approved.
No. 27730
Book No. 93-D
IIJlC
512/463-1100 ..
-----
·,•
PRINTED ON RECYCLED PAPER
P.O. BOX 12548 AUSTIN, TEXAS 78711-2548
AN EQUAL EMPWYMENT OPPORTUNITY EMPLOYER
I'
,.
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I. Kaye Tucker, OBond Clerk ~Assistant Bond Clerk in the office of the Comptroller of the State
of Texas, do hereby certify that, acting under the direction and authority of the Comptroller on the
16th day of November, 1993. I signed the name of the Comptroller to the certificate of registration
endorsed upon the:
Ctty of Lubbock, Texas, Tax and Airport Surplus Revenue Certificate of Qbligatioo, Series 1993.
numbered I:1, dated October 1, 1993. and that in signing the certificate of registration I used the
following signature:
I, John Sharp, Comptroller of Public Accounts of the State of Texas, certify that the person
who has signed the above certificate was duly designated and appointed by me under authority
vested in me by TEX. REV. CIV. STAT. ANN. art. 4362 (1969), with authority to sign my name to all
certificates of registration, and/or cancellation of bonds required by law to be registered and/or
cancelled by me, and was acting as such on the date first mentioned in this certificate, and that the
bonds/certificates described in this certificate have been duly registered in the office of the
Col'1')troller, as appears of record on page afll of volume mi under Registration Number §.5821. In
the Bond Register kept in the office of the Comptroller.
GIVEN under my hand and seal of office at Austin, Texas, this the 16th day of Noyember.
1993.
1~s4,
JOHN SHARP
Comptroller of Public Accounts
of the State of Texas
No Text
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
I, John Sharp, Comptroller of Public Accounts of the State of Texas,
do hereby certify that the attachment is a true and correct copy of the
opinion of the Attorney General approving the:
City of Lubbock, Texas. Tax and Airport Surplus Revenue Certificate of
Obligation, Series 1993
numbered I:.1, of the denomination of $ 3,625.000. dated October 1. 1993,
as authorized by issuer, interest various percent, under and by authority of
which said bonds/certificates were registered in the office of the
Comptroller, on the ]6th day of November, 1993. as appears of record on
page .6.a-1. of volume a.a. under Registration Number 55801 in the Bond
Register kept in the office of the Comptroller.
Given under my hand and seal of office, at Austin. T exes, the .1filh
day of November. 1993.
f'4s4,
JOHNSHAflP
Comptroller of Public Accounts
of the State of Texas
No Text
CERTIFICATE AS TO TAX EXEMPTION
The undersigned, being the duly chosen and qualified
Assistant City Manager for Financial services of the City of
Lubbock, Texas (the "Issuer"), hereby certifies with respect to
CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 199311 ,
dated October 1, 1993, in the principal amount of $19,215,000 (the
"Bonds") and the CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATIONS, SERIES 1993,
dated October 1, 1993, in the principal amount of $1,470,000 (the
"Certificates"), as follows.
A. General.
1. I, along with other officers of the Issuer, am
charged with the responsibility for issuing the Bonds and the
Certificates (collectively referred to as the "Obligations").
2. This certificate is made pursuant to Sections 103 and
141 through 150 of the Internal Revenue Code of 1986, as amended to
the date hereof (the "Code"), and Treasury Regulations issued
thereunder (the "Regulations").
3. This certificate is based on the facts and estimates
described herein in existence on this date, which is the date of
delivery of the Obligations to and payment for the Obligations by
the initial purchasers thereof, and, on the basis of such facts and
estimates, the Issuer expects that the future events described
herein will occur.
B. Purpose and Size.
1. The Bonds are being issued. pursuant to Ordinance
No. 9660 of the Issuer, finally adopted by the City Council of the
Issuer on October 15, 1993, (hereinafter referred to as the "Bond
Ordinance") to finance the construction and acquisition of
improvements to streets, library facilities, parks, the coliseum,
animal control facilities, the waterworks system and the sewer
system (collectively, the "Bond Project"). The Certificates are
being issued pursuant to Ordinance No. 9661 of the Issuer, finally
adopted by the City Council of the Issuer on October 15, 1993,
(hereinafter referred to as the "Certificate Ordinance") to finance
the payment of contractual obligations incurred for improvements to
the civic center and streets to provide improved access and
utilization for persons with disabilities (the "Certificate
Project"). Capitalized terms used and not defined herein have the
same meaning given to them in the Bond Ordinance and the
Certificate Ordinance.
0130154
No Text
2. The Bond Project and the Certificate Project
(collectively, the "Projects") will be owned, operated, and
maintained by the Issuer. The Issuer has not contracted with any
person or entity to operate and/or maintain the Projects or any
part of them for and on behalf of the Issuer. The Issuer does not
expect to enter into any contract for the operation, maintenance or
management of the Projects or any part of them.
3. There is not, and as of the date hereof the Issuer
does not anticipate entering into, any lease, contract or other
understanding or arrangement, such as a take-or-pay contract or
output contract, with any person other than a state or local
governmental unit pursuant to which the Issuer expects that
proceeds of the Obligations, or the facilities financed therewith,
will be used in the trade or business of such person (including all
activities of such persons who are not individuals).
4 • The amounts received from the sale of the
Obligations, when added to the amounts expected to be received from
the investment thereof, do not exceed the amounts required to pay
the cost of the Projects and of issuing the Obligations.
5. No receipt from the sale of the Obligations or
amounts received from the investment thereof will be used to pay
the principal of or interest on any presently outstanding issue of
bonds or other similar obligations of the Issuer, other than the
Obligations.
c. Source and Disbursement of Funds.
1. The Bonds are being issued and delivet;'ed to the
purchasers on the date hereof upon payment of the aggregate agreed
purchase price of par, plus accrued interest. The Certificates are
being issued and delivered to the purchasers on the date hereof
upon payment of the aggregate agreed purchase price of par, plus
accrued interest.
2. The amount received from the purchasers of the
Obligations representing accrued interest is being deposited on the
date hereof in the Interest and Sinking Fund for the Bonds or the
Certificate Fund, as appropriate, and will be used to pay the first
payment of interest to become due on the Obligations on
August 15, 1994.
3. Costs of issuance relating to the Obligations are
estimated to be $78,905.41 and will be paid by the Issuer from the
proceeds of sale of the Obligations. The remainder of t}:le proceeds
of sale will be credited to the construction fund of the Issuer
(the "Construction Fund"), will be accounted for separately from
all other funds on the books of account of the Issuer, and will be
0130154
-2-
No Text
,...
,,,..
used to pay costs of the Projects. The Issuer estimates investment
earnings in the aggregate amount of $921, ooo will be received from
the investment of the amounts deposited to the Construction Fund
pending the disbursement of such amounts for the governmental
purposes the Obligations are being issued to pay. All of such
investment earnings and profit will be used to pay any cost
overruns on the Projects or if there are none, deposited to the
Interest and Sinking Fund for the Bonds or the Certificate Fund, as
appropriate, and used to pay principal of and interest on the
Obligations within one year of receipt.
D. Temporary Periods and Time for Expenditures.
1. Within six months from the date hereof, the Issuer
will have incurred binding obligations or commitments to third
parties for the Projects in the amount of at least 5% of the net
sales proceeds of the Obligations.
2. After entering into said contracts, completion of the
Projects and the allocation of net sales proceeds of the
Obligations to expenditures will proceed with due diligence.
3. The Issuer expects that all of the net sales proceeds
of the Obligations will be spent within three years from the date
hereof, and that all investment proceeds of the Obligations will be
spent within one year from the date of receipt.
4. Approximately~ of the proceeds of the Obligations
will be used to reimburse the Issuer for Project expenditures made
by it from its own funds prior to the date hereof. With respect to
such reimbursement, if any, the Issuer adopted an official intent
for the original expenditures (except possibly for "preliminary
expenditures" as defined in section 1.150-2 (f) (2) of the
Regulations) not later than 60 days after payment of the original
expenditures, and a copy of such official intent is attached to
this Certificate As To Tax Exemption. Except for expenditures
meeting the preliminary expenditures exception set forth in section
l.150-2(f) (2) of the Regulations, the Obligations are being issued
and the reimbursement allocation is hereby being made not later
than 18 months after the later of (i) the date the original
expenditures were paid, or (ii) the date the Project is placed in
service or abandoned, but in no event more than 3 years after the
original expenditures were paid. The original expenditures were
capital expenditures, and in connection with this allocation, the
Issuer has not employed any abusive arbitrage device under section
1.148-10 of the Regulations to avoid the arbitrage restrictions or
to avoid restrictions under section 142 through 147 of the Code.
0130154
-3-
No Text
,..
-
,,..,
E. Interest and Sinking Funds and system Fund.
1. Pursuant to the Bond Ordinance and the Certificate
Ordinance, the Issuer has levied a tax on all taxable property in
the Issuer to pay principal of and interest on the Obligations as
such become due, and such tax has been pledged to the payment of
the Obligations. Amounts collected from such tax for the payment
of the principal of and interest on the Obligations are to be
deposited to the credit of the Certificate Fund and the Interest
and Sinking Fund for the Bonds (collectively, the "Interest and
Sinking Funds") maintained on the books of the Issuer.
2. The Interest and Sinking Funds will be maintained by
the Issuer primarily to achieve a proper matching of revenues and
debt service payments within each bond year. The Issuer expects
that the following will occur with respect to the money in the
Interest and sinking Funds:
a. Such funds will be depleted at least once each
bond year, except possibly for a carryover amount not to
exceed the greater of the previous bond year's earnings on
the Interest and Sinking Funds or one-twelfth of the
previous bond year's debt service requirements on the
Obligations;
b. All amounts deposited to such fund to pay debt
service on the Obligations will be spent within 13 months
of deposit; and
c. All amounts received from the investment of such
funds will be deposited therein and will be expended
within twelve months of receipt.
3. The Certificate Ordinance requires that all revenues
received by the Issuer by reason of its ownership and operation of
the System shall be deposited as received in the System Fund, to be
disbursed in the following order of priority:
0130154
a. for payment of Maintenance and Operation
expenses of the system;
b. for payment into the special funds and accounts
created and established for the payment, and benefit of
any Prior Lien Obligations;
c. for payment of the limited amount for the
Certificates, the Previously Issued Certificates and
Additional Certificate;
-4-
No Text
d. for use by the Issuer for any other purpose of
the Issuer now or hereafter permitted by law.
4. Except as described above, no funds of the Issuer
have been or will be pledged to the payment of principal or
interest on the Obligations, or otherwise restricted so as to give
reasonable assurance of the availability of such funds for such
purpose.
F. Yield and Nonpurpose Investments.
1. The discount factor required to reduce the principal
and interest to be paid on the Obligations to a present value on
the date hereof, compounding semiannually, equal to the initial
offering prices at which a substantial amount of each maturity of
the Obligations was sold to the public, is 4. 6998658%. In
determining the initial offering price at which a substantial
amount of each maturity of the Obligations was sold to the public,
the Issuer has relied on certificates from the managing underwriter
that purchased the Bonds.
2. No other obligations of the Issuer which are
reasonably expected to be paid from substantially the same source
of funds as the Obligations were sold within 15 days from the date
the Obligations were sold.
3. The Issuer has covenanted in the Bond Ordinance and
in the Certificate Ordinance that it will account separately for
the proceeds of the Obligations, that it will calculate or cause to
be calculated the earnings on all Nonpurpose Investments made with
proceeds of the Obligations, and that it will make payments to the
United States Treasury of any "arbitrage profits" on such
investments at least every 5 years and at the maturity of the
Obligations together with any such reports as the Secretary of the
Treasury shall prescribe, as may be required by Section 148(f) of
the Code.
G. No Abusive Arbitrage Device.
1. In connection with the issuance of the Obligations,
the Issuer has not employed any action which has the effect of
overburdening the market for tax-exempt obligations by issuing more
bonds, issuing bonds earlier, or allowing bonds to remain
outstanding longer than is reasonably necessary to accomplish the
governmental purposes of the Bonds.
2. In connection with the issuance of the Obligations,
the Issuer has not employed any action which has the effect of
enabling the Issuer to exploit the difference between tax-exempt
and taxable interest rates to gain a material financial advantage.
0130154
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/
NOY 18199-l EXECUTED AND DELIVERED _________ •
-CITY OF LUBBOCK, TEXAS
0130154
-6-
;..
CERTIFICATE AS TO TAX EXEMPTION
The undersigned, being the duly chosen and qualified
Assistant City Manager for Financial Services of the City of
Lubbock, Texas (the "Issuer"), hereby certifies with respect to
CITY OF LUBBOCK, TEXAS, AIRPORT GENERAL OBLIGATION BONDS, SERIES
199311 , dated October 1, 1993, in the principal amount of $2,550,000
(the "Bonds") and the CITY OF LUBBOCK, TEXAS, TAX AND AIRPORT
SURPLUS REVENUE CERTIFICATES OF OBLIGATIONS, SERIES 1993, dated
October 1, 1993, in the principal amount of $3,625,000 (the
"Certificates"), as follows.
A. General.
1. I, along with other officers of the Issuer, am
charged with the responsibility for issuing the Bonds and the
Certificates (collectively referred to as the "Obligations").
2. This certificate is made pursuant to Sections 103 and
141 through 150 of the Internal Revenue Code of 1986, as amended to
the date hereof (the "Code") , and Treasury Regulations issued
thereunder (the "Regulations").
3. This certificate is based on the facts and estimates
described herein in existence on this date, which is the date of
delivery of the Obligations to and payment for the Obligations by
the initial purchasers thereof, and, on the basis of such facts and
estimates, the Issuer expects that the future events described
herein will occur.
B. Purpose and Size.
1. The Bonds are being issued pursuant to Ordinance
No. 9662 of the Issuer, finally adopted by the City Council of the
Issuer on October 15, 1993, (hereinafter referred to as the "Bond
Ordinance") to finance improvements to the City Airport, including
heating, ventilation, air conditioning, roofing and parking
(collectively, the "Bond Project"). The Certificates are being
issued pursuant to Ordinance No. 9663 of the Issuer, finally
adopted by the City Council of the Issuer on October 15, 1993,
(hereinafter referred to as the "Certificate Ordinance") to finance
the payment of contractual obligations incurred for a taxiway and
ramp for the freight development area and acquisition of a hangar
at the City Airport (the "Certificate Project"). Capitalized terms
used and not defined herein have the same meaning given.to them in
the Bond Ordinance and the Certificate Ordinance.
0130453
No Text
2. At least 95% of the proceeds of the Obligations will
be used to provide airport facilities within the meaning of section
142 (a) (1) of the Code. The Bond Project and the Certificate
Project (collectively, the "Projects") will be owned by the Issuer
at all times prior to the final maturity of the Obligations. The
acquisition and construction of the Projects does not constitute
the acquisition of used property.
3. The Issuer timely obtained public approval for the
Obligations required by section 147(f) of the Code. The weighted
average maturity of the Obligations does not exceed 120% of the
average reasonably expected economic life of the Projects, both as
calculated under section 147(b) of the code.
4 • The amounts received from the sale of the
Obligations, when added to the amounts expected to be received from
the investment thereof, do not exceed the amounts required to pay
the cost of the Projects and of issuing the Obligations.
5. No receipt from the sale of the Obligations or
amounts received from the investment thereof will be used to pay
principal or interest on any presently outstanding issue of bonds
or other similar obligations of the Issuer, other than the
Obligations.
c. Source and Disbursement of FUnds.
1. The Bonds are being issued and delivered to the
purchasers on the date hereof upon payment of the aggregate agreed
purchase price of par, plus accrued interest. The Certificates are
being issued and delivered to the purchasers on the date hereof
upon payment of the aggregate agreed purchase price of par, plus
accrued interest.
2. The amount received from the purchasers of the
Obligations representing accrued interest is being deposited on the
date hereof in the Interest and Sinking FUnd for the Bonds or the
Certificate Fund, as appropriate, and will be used to pay the first
payment of interest to become due on the Obligations on
August 15, 1994.
3. costs of issuance relating to the Obligations are
estimated to be $39,903.34 and will be paid by the Issuer from the
proceeds of sale of the Obligations. The remainder of the proceeds
of sale will be credited to the construction fund of the Issuer
(the "Construction FUnd"), will be accounted for separately from
all other funds on the books of account of the Issuer, and will be
used to pay costs of the Projects. The Issuer estimates investment
earnings in the aggregate amount of $278,000 will be received from
the investment of the amounts deposited to the Construction Fund
0130453
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,,.
pending the disbursement of such amounts for the governmental
purposes the Obligations are being issued to pay. All of such
investment earnings and profit will be used to pay any cost
overruns on the Projects or if there are none, deposited to the
Interest and Sinking Fund for the Bonds or the Certificate Fund, as
appropriate, and used to pay principal of and interest on the
Obligations within one year of receipt.
D. Temporary Periods and Time for Expenditures.
1. Within six months from the date hereof, the Issuer
will have incurred binding obligations or commitments to third
parties for the Projects in the amount of at least 5% of the net
sales proceeds of the Obligations.
2. After entering into said contracts, completion of the
Projects and the allocation of net sales proceeds of the
Obligations to expenditures will proceed with due diligence.
3. The Issuer expects that all of the net sales proceeds
of the Obligations will be spent within three years from the date
hereof, and that all investment proceeds of the Obligations will be
spent within one year from the date of receipt.
4. Approximately~ of the proceeds of the Obligations
will be used to reimburse the Issuer for Project expenditures made
by it from its own funds prior to the date hereof. With respect to
such reimbursement, if any, the Issuer adopted an official intent
for the original expenditures (except possibly for "preliminary
expenditures" as defined in section 1.150-2(f) (2) of the
Regulations) not later than 60 days after payment of the original
expenditures, and a copy of such official intent is attached to
this Certificate As To Tax Exemption. Except for expenditures
meeting the preliminary expenditures exception set forth in section
1.150-2(f) (2) of the Regulations, the Obligations are being issued
and the reimbursement allocation is hereby being made not later
than 18 months after the later of (i) the date the original
expenditures were paid, or (ii) the date the Project is placed in
service or abandoned, but in no event more than 3 years after the
original expenditures were paid. The original expenditures were
capital expenditures, and in connection with this allocation, the
Issuer has not employed any abusive arbitrage device under section
1.148-10 of the Regulations to avoid the arbitrage restrictions or
to avoid restrictions under section 142 through 147 of the Code.
0130453
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i"
,..
·"
·"
E. Interest and Sinking Funds and Airport Fund.
1. Pursuant to the Bond Ordinance and the Certificate
Ordinance, the Issuer has levied a tax on all taxable property in
the Issuer to pay principal of and interest on the Obligations as
such become due, and such tax has been pledged to the payment of
the Obligations. Amounts collected from the tax for the payment of
principal and interest on the Obligations are to be deposited to
the credit of the Certificate Fund and the Interest and Sinking
Fund for the Bonds (collectively, the "Interest and Sinking Funds")
maintained on the books of the Issuer.
2. The Interest and Sinking Funds will be maintained by
the Issuer primarily to achieve a proper matching of revenues and
debt service payments within each bond year. The Issuer expects
that the following will occur with respect to the money in the
Interest and Sinking Funds:
a. Such funds will be depleted at least once each
bond year, except possibly for a carryover amount not to
exceed the greater of the previous bond year's earnings on
the Interest and Sinking Funds or one-twelfth of the
previous bond year's debt service requirements on the
Obligations;
b. All amounts deposited to such fund to pay debt
service on the Obligations will be spent within 13 months
of deposit; and
c. All amounts received from the investment of such
funds will be deposited therein and will be expended
within twelve months of receipt.
3. The Certificate Ordinance requires that all revenues
received by the Issuer by reason of its ownership and operation of
the Airport shall be deposited as received in the Airport Fund, to
be disbursed in the following order of priority:
0130453
a. for payment into the special funds and accounts
created and established for the payment and benefit of any
Prior Lien Obligations;
b. for payment of necessary and reasonable
operation expenses of the Airport;
c. for payment into the Airport Fund an amount
equal to at least two months maintenance expenses as a
reserve for the payment of Airport operating expenses;
-4-
I"
,,.
,,
,,..
d. for payment into the special funds and accounts
created and established for the payment and benefit of the
certificates and Additional Certificate;
e. for use by the Issuer for any other purpose of
the Issuer now or hereafter permitted by law.
4. Except as described above, no funds of the Issuer
have been or will be pledged to the payment of principal or
interest on the Obligations, or otherwise restricted so as to give
reasonable assurance of the availability of such funds for such
purpose.
F. Yield and Nonpurpose Investments.
1. The discount factor required to reduce the principal
and interest to be paid on the Obligations to a present value on
the date hereof, compounding semiannually, equal to the initial
offering prices at which a substantial amount of each maturity of
the Obligations was sold to the public, is 4. 9050055%. In
determining the initial offering price at which a substantial
amount of each maturity of the Obligations was sold to the public,
the Issuer has relied on certificates from the managing underwriter
that purchased the Bonds.
2. No other obligations of the Issuer which are
reasonably expected to be paid from substantially the same source
of funds as the Obligations were sold within 15 days from the date
the Obligations were sold.
3. The Issuer has covenanted in the Bond Ordinance and
in the certificate ordinance that it will account separately for
the proceeds of the Obligations, that it will calculate or cause to
be calculated the earnings on all Nonpurpose Investments made with
proceeds of the Obligations, and that it will make payments to the
United States Treasury of any "arbitrage profits" on such
investments at least every 5 years and at the maturity of the
Obligations together with any such reports as the Secretary of the
,,.. Treasury shall prescribe, as may be required by Section 148(f) of
the Code.
G. No Abusive Arbitrage Device.
1. In connection with the issuance of the Obligations,
the Issuer has not employed any action which has the effect of
overburdening the market for tax-exempt obligations by issuing more
bonds, issuing bonds earlier, or allowing bonds _to remain
outstanding longer than is reasonably necessary to accomplish the
governmental purposes of the Bonds.
0130453 -s-
,.
,,
2. In connection with the issuance of the Obligations,
the Issuer has not employed any action which has the effect of
enabling the Issuer to exploit the difference between tax-exempt
and taxable interest rates to gain a material financial advantage.
0130453
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,,..
, .. .-
EXECUTED AND DELIVERED _________ •
CITY OF LUBBOCK, TEXAS
0130453
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.,,.
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'
RECEIPT FOR PAYMENT
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
on the date hereof the following described bonds: "CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1993 11 , dated
October 1, 1993, in the aggregate principal amount of $19,215,000
(the "Bonds") were delivered to the purchaser(s) thereof, namely:
KIDDER PEABODY & CO., INC.
SOUTHWEST SECURITIES INCORPORATED
following the receipt of immediately available funds from the
purchaser(s) in settlement of the agreed purchase price for the
Bonds as follows:
PRINCIPAL AMOUNT-------------$19,215,000
ACCRUED INTEREST------------$ 128,795.67
TOTAL AMOUNT RECEIVED ON
DELIVERY OF THE BONDS -------$19,343,795.67
Furthermore, the undersigned has on the date of this receipt
transmitted to American state Bank, Lubbock, Texas, Attention:
Selma Sedgwick (the depository bank of the issuer) the above amount
of funds for credit to the issuer's account in accordance with the
instructions received.
DELIVERED, this
0121414
NOV 18 1993
NATIONSBANK OF TEXAS, N.A.
Dallas, Texas
Title ASSISTANT VICE PRESIDENT
,,-
,,, _, r !,,>
·,..,
,-
RECEIPT FOR PAYMENT
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
On the date hereof the following described bonds: "CITY OF
LUBBOCK, TEXAS, AIRPORT GENERAL OBLIGATION BONDS, SERIES 1993 11 ,
dated October 1, 1993, in the aggregate principal amount of
$2,550,000 (the "Bonds") were delivered to the purchaser(s)
thereof, namely:
SOUTHWEST SECURITIES INCORPORATED
KIDDER PEABODY & CO., INC.
following the receipt of immediately available funds from the
purchaser(s) in settlement of the agreed purchase price for the
Bonds as follows:
PRINCIPAL AMOUNT-------------$2,55O,OO0
ACCRUED INTEREST ------------$ , 17. 889. 70
TOTAL AMOUNT RECEIVED ON
DELIVERY OF THE BONDS -------$ 2,567,889, 70
Furthermore, the undersigned has on the date of this receipt
transmitted to American State Bank, Lubbock, Texas, Attention:
Selma Sedgwick (the depository bank of the issuer) the above amount
of funds for credit to the issuer's account in accordance with the
instructions received.
DELIVERED, this
0132095
NOV 18 1993
NATIONSBANK OF TEXAS, N.A.
Dallas, Texas
Title __ ASS_1n_ANT_~_c_E_P_R~_1_uEK_1 ____ _
No Text
RECEIPT FOR PAYMENT
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
On the date hereof the following described bonds: "CITY OF
LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION, SERIES 199311 , dated October 1, 1993, in
the aggregate principal amount of $1,470,000 (the "Certificates")
were delivered to the purchaser(s) thereof, namely:
SOUTHWEST SECURITIES INCORPORATED
KIDDER PEABODY & CO., INC.
following the receipt of immediately available funds from the
purchaser(s) in settlement of the agreed purchase price for the
Certificates as follows:
PRINCIPAL AMOUNT-------------$1,470,000
ACCRUED INTEREST ------------$ 9,938 • 54
TOTAL AMOUNT RECEIVED ON
DELIVERY OF THE CERTIFICATES $1 ,479,938.54
Furthermore, the undersigned has on the date of this receipt
transmitted to American State Bank, Lubbock, Texas, Attention:
Selma Sedgwick (the depository bank of the issuer) the above amount
of funds for credit to the issuer's account in accordance with the
instructions received.
0121411
DELIVERED, this ___ N_O_V_1_8_1993 _____ .
NATIONSBANK OF TEXAS, N.A.
Dallas, Texas
Title __ ASS_,_~_ANT_v_w_t_PR_~_•o_oo _____ _
...... · .. ,, ., ..... ,
-
-
RECEIPT FOR PAYMENT
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
On the date hereof the following described bonds: "CITY OF
LUBBOCK, TEXAS, TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF
OBLIGATION, SERIES 199311 , dated October 1, 1993, in the aggregate
principal amount of $3,625,000 (the "Certificates") were delivered
to the purchaser(s) thereof, namely:
SOUTHWEST SECURITIES INCORPORATED
KIDDER PEABODY & CO., INC.
following the receipt of immediately available funds from the
purchaser(s) in settlement of the agreed purchase price for the
Certificates as follows:
PRINCIPAL AMOUNT-------------$3,6~~,f~0
ACCRUED INTEREST ------------$ , 4 · 36
TOTAL AMOUNT RECEIVED ON
DELIVERY OF THE CERTIFICATES $3,650,441.36
Furthermore, the undersigned has on the date of this receipt
transmitted to American state Bank, Lubbock, Texas, Attention:
Selma Sedgwick (the depository bank of the issuer) the above amount
of funds for credit to the issuer's account in accordance with the
instructions received.
DELIVERED, this
0182100
NOV 18 1993 --------------·
NATIONSBANK OF TEXAS, N.A.
Dallas, Texas
By£~
Title ASSISTANT VICE PRESh>l:Jtl
...
.:~
TELEPHONE: 214/855-e.ooo
f"ACSIMILE: 214/855-8200
FULBRIGHT & JAWORSKI
L.L.P.
A REG1STEFIEO I.IMITED I.IABILITY PAFITNEFISHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
NOV 1 8 1993
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YOFIK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
General Obligation Bonds, Series 1998° (the "Bonds"), dated October 1, 1993 (the "Bond
Date"), in the principal amount of $19,215,000, we have examined into the legality and
validity of the issuance thereof by the City of Lubbock, Texas (the "City''), which Bonds
are issuable in fully registered form only, in denominations of $5,000 or any integral
multiple thereof (within a maturity), have stated maturities of February 15, 1995
through February 15, 2014, unless redeemed prior to maturity in accordance with the
terms stated on the Bonds, and bear interest on the unpaid principal amount from the
Bond Date at the rates per annum stated in the ordinance authorizing the issuance of
the Bonds (the "Ordinance"), such interest being payable on February 15 and August 15
in each year, commencing August 15, 1994, to the registered owners thereof shown on
the registration books of the Paying Agent/Registrar on the Record Date (stated on the
face of the Bonds).
WE HA VE SERVED AS BOND COUNSEL for the City solely to pass upon the
legality and validity of the issuance of the Bonds under the Constitution and laws of
the State of Texas, and with respect to the exclusion of the interest on the Bonds 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 fmancial condition or capabilities of
the City. Our examinations into the legality and validity of the Bonds 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 Bonds, including the Ordinance, customary
certifications and opinions of officials of the City and other pertinent showings, and an
examination of the Bond 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 the Bonds have
been duly authorized by the City in compliance with the Constitution and laws of the
State of Texas now in force, and the Bonds 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, 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.
...
/
Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P.
Re: $19,215,000 "City of Lubbock, Texas, General Obligation Bonds, Series 199311
,
dated October 1, 1993
IT IS FURTHER OUR OPINION THAT, 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 Bonds,
interest on the Bonds 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 hereof, of the owners thereof pursuant to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, and (2) 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 Bonds, 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 corporations, other than an S corporation,
a qualified mutual fund, a real estate mortgage investment conduit (REMIC), or a real
estate investment trust (REIT). A corporation's alternative minimum taxable income
is the basis on which the alternative minimum tax imposed by the Tax Reform Act of
1986 and the environmental tax imposed by the Superfund Revenue Act of 1986 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 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, individual
recipients of Social Security or Railroad Retirement Benefits, 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.
120383
No Text
TELEPHONE; 214/$55•6000
f"ACSIMlLE: 214/S55·S200
FULBRIGHT & JAWORSKI
L.LP.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
ttQV 18 1993
HOUSTON
WASHINGTON, O.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
Airport General Obligation Bonds, Series 199311 {the "Bonds"), dated October 1, 1993
{the "Bond Date"), in the principal amount of $2,550,000, we have examined into the
legality and validity of the issuance thereof by the City of Lubbock, Texas {the "City'~,
which Bonds are issuable in fully registered form only, in denominations of $5,000 or
any integral multiple thereof {within a maturity), have stated maturities of February
15, 1995 through February 16, 2014, unless redeemed prior to maturity in accordance
with the terms stated on the Bonds, and bear interest on the unpaid principal amount
from the Bond Date at the rates per annum stated in the ordinance authorizing the
issuance of the Bonds {the "Ordinance"), such interest being payable on February 15
and August 15 in each year, commencing August 15, 1994, to the registered owners
thereof shown on the registration books of the Paying Agent/Registrar on the Record
Date {stated on the face of the Bonds).
WE HA VE SERVED AS BOND COUNSEL for the City solely to pass upon the
legality and validity of the issuance of the Bonds under the Constitution and laws of
the State of Texas, and with respect to the exclusion of the interest on the Bonds 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 fmancial condition or capabilities of
the City. Our examinations into the legality and validity of the Bonds 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 Bonds, including the Ordinance, customary
certifications and opinions of officials of the City and other pertinent showings, and an
examination of the Bond 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 the Bonds have
been duly authorized by the City in compliance with the Constitution and laws of the
State of Texas now in force, and the Bonds 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, 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.
I"
,..
.-
..
Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P.
Re: $2,550,000 "City of Lubbock, Texas, Airport General Obligation Bonds, Series
1993", dated October 1, 1993
IT IS FURTHER OUR OPINION THAT, 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 Bonds,
interest on the Bonds for federal income tax purposes will be excludable from gross
income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to
the date hereof, of the owners thereof pursuant to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, except with respect to
any Bond for any period of time during which such Bond is owned by a person who,
within the meaning of Section 147(a) of the Internal Revenue Code of 1986, as
amended, is a "substantial user" of any of the facilities financed from the proceeds of
the Bonds or a "related person." WE CALL YOUR ATTENTION TO THE FACT
THAT INTEREST ON THE BONDS WILL BE A PREFERENCE ITEM FULLY
INCLUDABLE IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE
INCOME OF THE OWNERS OF THE BONDS WHICH ARE INDMDUALS,
CORPORATIONS, TRUSTS, OR ESTATES. Alternative minimum taxable income is
the basis on which the alternative minimum tax imposed on individuals, corporations,
trusts, and estates by the Tax Reform Act of 1986 and the environmental tax imposed
by the Superfund Revenue Act of 1986 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 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, individual
recipients of Social Security or Railroad Retirement Benefits, 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.
120384
, .. .,
TELEPHONE: 214/855·8000
f"ACSIMILE: 214/855•8200
FULBRIGHT & JAWORSKI
LLP.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
NOV 18 \993
HOUSTON
WASHINGTON, O.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YOFIK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series
199811 (the t1Certificates11), dated October 1, 1998 (the "Certificate Date"), in the principal
amount of $1,470,000, we have examined into the legality and validity of the issuance
thereof by the City of Lubbock, Texas (the "City"), which Certificates are issuable in
fully registered form only, in denominations of $5,000, or any integral multiple thereof
(within a maturity), have stated maturities of February 15, 1995 through February 15,
2014, unless redeemed prior to maturity in accordance with the terms stated on the face
of the Certificates, and bear interest on the unpaid principal amount from the
Certificate Date at the rates per annum set forth 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, 1994, to the
registered owners thereof shown on the registration books of the Paying
Agent/Registrar on the Record Date (stated on the face of the Certificates).
WE HA VE 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 fmancial
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 Certificate No. T-1 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 the Certificates
have been duly authorized by the City in compliance with the Constitution and laws of
the State of Texas now in force, and the Certificates issued in compliance with the
provisions of the Ordinance are valid, legally binding and enforceable obligations of the
City, payable from an ad valorem tax levied, within the limitations prescribed by law,
upon all taxable property within the limits of the City, and are additionally payable from
and equally and ratably secured by a lien on and limited pledge of the Net Revenues (as
defined in the Ordinance) of the City's Waterworks System, except to the extent that the
120385
r
Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P.
RE: $1,470,000 "City of Lubbock, Texas, Tax and Waterworks System (Limited
,,.., Pledge) Revenue Certificates of Obligation, Series 1993
enforceability of the Certificates and the provisions made for payment 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 the
general principles of equity.
IT IS FURTHER OUR OPINION THAT, 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, (1)
interest on the Certificates will be excludable from the gross income, as defined in
section 61 of the Internal Revenue Code of 1986, as amended to the date hereof, of the
owners thereof for federal income tax purposes, pursuant to section 103 of such Code,
existing regulations, published rulings, and court decisions thereunder, and (2) interest
on the Certificates will not be included in computing the alternative minimum taxable
income of the owners thereof who are 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 net book income, for tax
years beginning in 1989, or adjusted current earnings, for tax years beginning after 1989,
for purposes of calculating the alternative minimum taxable income of such corporations,
other than an S corporation, a qualified mutual fund, a real estate mortgage investment
conduit (REMIC), or a real estate investment trust (REIT). A corporation's alternative
minimum taxable income is the basis on which the alternative minimum tax imposed by
the Tax Reform Act of 1986 and the environmental tax imposed by the Superfund
Revenue Act of 1986 will be computed for tax years beginning after December 31, 1986.
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, 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.
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No Text
TELEPHONE: 214/855·8000
f"ACSIMILE: 214/855•8200
FULBRIGHT & JAWORSKI
L.LP.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS. TEXAS 75201
HOUSTON
WASHINGTON, D.C,
AUSTIN
NOV 18 1993
SAN ANTONIO
DALLAS
Nl!:W YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
IN REGARD to the authorization and issuance of the "City of Lubbock, Texas,
Tax and Airport Surplus Revenue Certificates of Obligation, Series 199311 (the
"Certificates"), dated October l, 1993 (the "Certificate Date"), in the principal amount
of $3,625,000, we have examined into the legality and validity of the issuance thereof
by the City of Lubbock, Texas (the "City"), which Certificates are issuable in fully
registered form only, in denominations of $5,000, or any integral multiple thereof
(within a maturity), have stated maturities of February 15, 1995 through February 15,
2014, unless redeemed prior to maturity in accordance with the terms stated on the face
of the Certificates, and bear interest on the unpaid principal amount from the
Certificate Date at the rates per annum set forth 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, 1994, to the
registered owners thereof shown on the registration books of the Paying
Agent/Registrar on the Record Date (stated on the face of the Certificates).
WE HA VE 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
t" 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 fmancial
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 Certificate No. T-1 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 the Certificates
have been duly authorized by the City in compliance with the Constitution and laws of
the State of Texas now in force, and the Certificates issued in compliance with the
provisions of the Ordinance are valid, legally binding and enforceable obligations of the
City, payable from an ad valorem tax levied, within the limitations prescribed by law,
upon all taxable property within the limits of the City, and are additionally payable from
and equally and ratably secured by a lien on and pledge of the Surplus Revenues (as
defined in the Ordinance) of the City's Airport, except to the extent that the
120386
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Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P.
RE: $3,625,000 "City of Lubbock, Texas, Tax and Airport Surplus Revenue
Certificates of Obligation, Series 1993
enforceability of the Certificates and the provisions made for payment 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 the
general principles of equity.
IT IS FURTHER OUR OPINION THAT, 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 will be excludable from gross
income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to the
date hereof, of the owners thereof pursuant to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, except with respect to any
Certificate for any period of time during which such Certificate is owned by a person
who, within the meaning of Section 147(a) of the Internal Revenue Code of 1986, as
amended, is a "substantial user" of any of the facilities financed from the proceeds of the
Certificates or a "related person." WE CALL YOUR ATTENTION TO THE FACT
THAT INTEREST ON THE CERTIFICATES WILL BE A PREFERENCE ITEM
FULLY INCLUDABLE IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE
INCOME OF THE OWNERS OF THE CERTIFICATES WHICH ARE INDMDUALS,
CORPORATIONS, TRUSTS, OR ESTATES. Alternative minimum t.axable income is the
basis on which the alternative minimum tax imposed on individuals, corporations, trusts,
and estates by the Tax Reform Act of 1986 and the environmental t.ax imposed by the
Superfund Revenue Act of 1986 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, 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. ~1~· L·L· 'P·
No Text
-· · . no9K-El\TRY-ONLY MUNICIPAL BONDS , . .. -.
Letter of Representations
fTo be Cornoe'.SJ by iss:.;er ano .Agcint;
City of Lubbock, Texas
{Numt' oflssut'r)
, NationsBank. of Texas, N.A.
• Attention: General Counsel's Office
The Depository Trust Company
55 Water Street; 49th Floor
New York, NY 10041..0099
[Name of Agent]
October JS, 1993
(Date) :.
Re: $19,215,000, "City of Lubbock« Texas« C"..ener:aJ CbJigation
Bonds, Series 1993"
(lssut' 0t,S(.-ription l
Ladies and Gentlemen:
This letter sets forth our understanding with respect to certain matters relating to the
.
above-referenced issue (the "Bonds"). Agent will act as trustee, paying agent, fiscal agent, or other
agent of Issuer with respect to the Bonds. TI1e Bonds will be issued pursuant to a trust indenture,
bond resolution, or other such document authorizing the issuance of the Bonds dated
_Oc_t_obe~-r-1 ____ , 1993.... (the "Document"}. ____________ _
("'Underwriter")
is distributing the Bonds through TI1e Depository Trust Company ("DTC").
To induce OTC to accept the Bonds as eligible for deposit at OTC, and to act in accordance
with its Rules with respect to the Bonds, Issuer and Agent, if any, make the follovting
representations to OTC:
No Text
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I. Prior to closing on the Bonds on November 18 , 199---3_, there shall be deposited with
DTC one Bond certificate registered in the name of DTC's nominee, Cede & Co., for each stated
maturity of the Bonds in the face amounts set forth on Schedule A hereto, the total of which
represents 100% of the principal amount of such Bonds. If, however, the aggregate principal
amount of any maturity exceeds $150 million, one certificate will be issued with respect to each
$150 million of principal amount and an additional c,-ertificate will be issued with respect to any
remaining principal amount. Each $150 million Bond certificate shall bear the following legend:
Unless this certificate is presented by an authorized representative Qf The Depository Trust
Company, a New York mrporation ("DTC"), to Issuer or its agent for registration of transfer,
exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in
such other name as is requested by an authorized representative of DTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered
owner hereof, Ceda & Go., has an interest herein.
2. In the event of any s~licitation of consents from or voting by holders of the Bonds, Issuer or
Agent shall establish a record date for such purposes (with no provision for revocation of conse11ts or
votes by subsequent holders) and shall, to the extent possible, send notice of such recoril date to
DTC not less than 15 calendar days in advance of such record date.
3. In the event of a full or partial redemption or an advance refunding of part of the outstanding
Bonds, Issuer or Agent shall send a notice to DTC specifying: (a) the amount of the redemption or
refunding; (b) in the case of a refunding, the maturity date(s) established under the refunding; and
(c) the date such notice is to be mailed to beneficial owners or published (the "Publication Date").
Such notice shall be sent to DTC by a secure means (e.g., legible telecopy, registered or certified
mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's
possession no later than the close of business on the business day before the Publication Date.
Issuer or Agent shall forward such notice either in a separate secure transmission for each CUSIP
number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a
manifest or list of each CUSIP submitted in that transmission. (The party sending such notice shall
have a method to verify subsequently the use of such means and the timeliness of such notice.) The
Publication Date shall be n.9t less than 30 days nor more than 60 days prior to the redemption date
or, in the case of an advan~ refunding, the date that the proceeds are deposited in escrow.
4. In the event of an invitation to tender the Bonds, notice by Issuer or Agent to Bondholders
specifying the tenns of the tender and the Publication Date of such notice shall be sent to DTC by a
secure means in the manner set forth in the preceding Paragraph.
5. All notices and payment advices sent to DTC shall contain the CU SIP number of the Bonds.
6. Notices to DTC pursuant to Paragraph 2 by telecopy shall be sent to DTC's Reorganization
Department at (212) 709-6896 or (212) 709-6897, and receipt of such notices shall be
confirmed by telephoning (212) 709-6870. Notices to DTC pursuant to Paragraph 2 by mail or by
any other means shall be sent to:
Supervisor; Proxy
Reorganization Department
The Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
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7. Notices to DTC pursuant to Pamgmph 3 by telecopy shall be sent to DTCs Call Notification
Department at (516) 227-4164 or (516) 227-4190. If the party sending the notke does not receive a
telecopy receipt from DTC confinning that the notke has been received, such party shall telephone
(516) 227-4070. Notices to DTC pursuant to Paragraph 3 by mail or by any other means shall be
sent to:
Call Notification Department
The Depository Trust Company
711 Stewart Avenue
Garden City, NY 11530-4719
8. Notices to DTC pursuant to Paragraph 4 and notices of other actions (incl~ding mandatory
tenders, exchanges, and capital changes) by telecopy shall be sent to DTC's Reorganization
Department at (212) 700-1093 or (212) 709-1094, and rec.-eipt of such notices shall be confinned by
telephoning (212) 709-6884. Notices to DTC pursuant to the above by mail or by any other means
shall be sent to:
· Mari.ager; Reorganization Department
R~rganization 'Window
Th~ Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
9. Transactions in the Bonds shall be eligible for next-day funds settlement in DTCs Next-Day
Funds Settlement ("NDFS") system.
A. Interest payments shall be received by Cede & Co., as nominee of DTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in accordanc.e with
existing arrangements between Issuer or Agent and DTC). Such payments shall be made
payable to the order of Cede & Co. Absent any other existing arrangements such
payments shall be addressed as follows:
Manager; Cash Receipts
Dividend Department
The Depository Trust Company
7 Hanover Square; 24th Floor
New York, NY 10004-2695
B. Principal payments shall be received by Cede & Co., as nominee of DTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in accordance with
existing irrangements between Issuer or Agent and DTC). Such payments shall be made
payable to the order of Cede & Co., and shall be addressed as follows:
NDFS Redemption Department
The Depository Trust Company
55 Water Street; 50th Floor
New York, NY 10041-0099
10. DTC may direct Issuer or Agent to use any other telephone number or address as the
number or address to which notices or payments of interest or principal may be sent.
11. In the event of a redemption, acceleration, or any other similar transaction (e.g., tender made
and accepted in response to Issuer's or Agent's invit-ation) necessitating a reduction in the aggregate
principal amount of Bonds outstanding or an advance refunding of part of the Bonds outstanding,
DTC, in its discretion: (a) may request Issuer or Agent to issue and authenticate a new Bond
certificate, or (b) may make an appropriate notation on the Bond certificate indicating the date and
amount of such reduction in principal except in the case of final maturity, in which case the
certificate will be presented to Issuer or Agent prior to payment if required .
. 3.
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12. In the event that Issuer determines that beneficial owners of Bonds shall be able to obtain
c,-ertificated Bonds, Issuer or Agent shall notify DTC of the availability of Bond certificates. In such
event, Issuer or Agent shall issue, transfer, and exchange Bond certificates in appropriate amounts,
as required by DTC and others.
13. OTC may discontinue providing its services as securities depesitory with respect to the
Bonds at any time by giving reasonable notice to Issuer or Agent (at which time DTC will confirm
with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such
circumstances, at OTC's request Issuer and Agent shall cooperate fully with OTC by taking
appropriate action to make available one or more separate certificates evidencing Bonds to any
OTC Participant having Bonds credited to its OTC accounts.
14. Nothing herein shall be deemed to require Agent to advance funds on behalf of Issuer.
Notes:
A. If there is 11n Agent (as defi1~ed in this Letter
Representations), Agent m well m Issuer must sign ti
Letter. If there is no Aiz.ent, in signing this Letter Issuer
itself undertakes to perform all ot~ie ~rtions set forth herein. .
B. Under Rules of the Munk.ipal Sec.,.uities Rulemaking
Boord relating to -~ delivery", n municipal securities
dealer must be able to determine the elate dwt a notice of 11
putial call or of an advance refi.mdini! of a put of an issue is
published (the ·puhlication date~). "Ille establishment of
such a puhOO\tion elate is 1!dlressetl in Paragraph 3 of the
Letter.
C. Schedule B mntains statements that DTC believes
OC'C.'llrdtely describe DTC, the method of effecting book-
entry tr.ind"ers of sec.i.uities distributed through DTC, and
cert:.tln related matters.
Received and Accepted:
THE OEPOSITORYTRUSTCOMPANY
Bv: a~!.,¢~
CC: Underwriter •
Underwriter's O.mnsel
NationsBank, of Texas, N-A-~ (Agent) .
By: ~nit/~
• (Authorized omcers Sigllature)
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CITY OF LUBBOCK, TEXAS
GENERAL OBL~GATION BONDS, SERIES l.993
SCHEDULE A
(Describe Issue)
Principal Interest
COSIP Amount Maturity Date Rate
549186 2G 8 $960,000 February 15, 1995 6.00%
549186 2L 7 960,000 February 15, 1996 6.00%
549186 2Q 6 960,000 February 15, 1997 6.00%
549186 20 7 960,000 February 15, 1998 6.00%
549186 2Y 9 960,000 February 15, 1999 6.00%
549186 JC 6 960,000 February 15, 2000 6.00%
549186 3G 7 960,000 February 15, 2001 6.00%
549186 3L 6 960,000 February 15, 2002 6.00%
549186 3Q 5 960,000 February 15, 2003 5.80%
549186 30 6 960,000 February 15, 2004 4.50%
549186 3Y 8 960,000 February 15, 2005 4.50%
549186 4C 5 960,000 February 15, 2006 4.60%
549186 4G 6 960,000 February 15, 2007 4.70%
549186 4L 5 960,000 February 15, 2008 4.80%
549186 4Q 4 960,000 February 15, 2009 4.90%
549186 40 5 960,000 February 15, 2010 4.90%
549186 4Y 7 960,000 February 15, 2011 4.00%
549186 SC 4 965,000 February 15, 2012 4.00%
549186 5G 5 965,000 February 15, 2013 4.00%
549186 SL 4 965,000 February 15, 2014 4.00%
21272
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SAMPLE OFFICIAL STATEMENT LANGUAGE
DESCRIBING BOOK-ENTRY-ONLY ISSl,JANCE
SCHEDULEB
(Prepared by DTC--bracketed material may be applicable only to certain issues)
1. The Depository Trust Company ("OTC"), New York, NY. will act as securities oo.pository for the securities (the
*Securities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's
partnership nominee). One fully-registered Security certificate will be issued for (each issue oij the Securities, [each] in
the aggregate principal amount of such issue, and will be deposited with OTC. Pf, however, the aggregate principal
amount of [any] issue exceeds $150 million, one certificate will be issued with respect to each $150 million of principal
amount and an additional certificate will be issued with respect to any remaining principal amount of such issue.)
2. OTC is a fimited-purpose trust company organized under the New York Banking Law, a •banking organization"
within the meaning of the New 'rork Banking Law, a member of the Federal Reserve System, a •clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the
provisions of Section 17A of the Securities Exchange Act of 1934. OTC holds securities that its Rarticipants
("Participants") deposit with OTC. OTC 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. OTC 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. h::.cess to the OTC 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
appHcable to OTC and its Participants are on file with the Securities and Exchange Commission.
3. Purchases of Securities under the OTC system must be made by or through Direct Participants, which will
receive a credit for the Securities on DTC's records. The ownership interest of each actual purchaser of each Security
(•Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial OM\ers will
not receive written confirmation from OTC of their purchase, but Beneficial Owners are expected to receive written
conflnnations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through whilh the Beneficial ONner entered into the transaction. Transfers of ownership interests
in the Securities are to be acc6mplished by entries made on the books of Participants acting on behalf of Beneficial
OMlers. Beneficial Owners ·Nill not receive certificates representing their ownership interests in Securities, except iri
the event that use of the book-entry system for the Securities is discontinued.
4. To facilitate subsequent transfers, an Securities deposited by Participants with OTC are registered in the name of
DTC's partnership nominee, Cede & Co. The deposit of Securities with OTC and their registration in the name of Cede
& Co. effect no change in beneficial ownership. OTC has no knowledge of the actual Beneficial Owners of the
Securities; · OTC's records reflect only the Identity of the Direct Participants to whose accounts such Securities 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.
5. Conveyance of notices and other communications by OTC 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.
(6. Redemption notices shall be sent to Cede & Co. If less than all of the Securities within an issue are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in SLp'l issue to
be redeemed.)
7. Neither OTC nor Cede & Co. will consent or vote with respect to Securities. Under its usual procedures, OTC
mails an Omnibus Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede &
Co. 's consenting or voting rights to those Direct Participants to whose accounts the Securities are credited on the
record date 0dentified in a fisting attached to the Oimibus Proxy).
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8. Principal and interest payments on the Securities will be made to OTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holdings shown on OTC's records unless
OTC has reason to believe that it will not receive payment on 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 OTC. the Agent. or the Issuer, subject to any statutory or regulatory requirements as may be in effect from
time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent, disbursement of
such payments to Direct Participants shall be the responsibility of OTC, and disbursement of such payments to the
Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
[9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its
Participant, to the (Tender/RemarketingJ Agent, and shall effect delivery of such Securities by causing the Direct
Participant to transfer the Participants interest in the Securities, on DTC's records, to the (Tender/Remarketing] Agent.
The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory
purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on
OTC's records.] ..
10. OTC may discontinue providing its services as securities depository with respect to the Securities at any time
by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor
securities depository is not obtained, Security certificates are required to be printed and delivered. •
11. The Issuer may decide to discontinue use of the system of book-entry transfers through OTC (or a successor
securities depository). In that event, Security certificates will be printed and delivered.
12. The information in this section concerning OTC and OTC's book-entry system has been obtained from sources
that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof.
•
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City of Lubbock, Texas
(Name of Issuer)
,NationsBank of Texas, N.A.
.
Attention: Gener.ii Counsel's Office
The Depository Trust Company
55 Water Street; 49th Floor
New York, NY 10041-0099
(Name nf Agent)
October 15, 1993
(Date) • • ..
Re: __ $2_,_. S_S0_,_000 ___ , _"C_i_t_y_o_f_L_ubbock_ ......... ......._,--=Te-=x=as=--1 ....... A=i,_r.po..,.,...rt __ __.Ge.._n ... e_r .... a .... l __ _
O:>ligation Bonds, Series 1993"
{Issue DeS<:riptinn)
Ladies and Gentlemen: ,,..
This letter sets forth our understanding with respect to certain matters relating to the
above-referenced issue (the .. Bonds"). Agent will act as trustee, paying agent, fiscal agent, or other
agent of Issuer with respec.t to the Bonds. TI1e Bonds will be issued pursuant to a trust indenture,
bond resolution, or other such document authorizing the issuance of the Bonds dated
... Oc;...;;..;;;t __ obe=ra.....::1 _______ , 199.3... (the "Document"). -------,---------
ru11derwriter1
is distributing the Bonds through The Depository Trust Company ("DTC").
To induce DTC to accept the Bonds as eligible for deposit at DTC, and to act in accordan~
with its Rules with respect to the Bonds, Issuer and Agent, if any, make the folloyting
representations to OTC:
e --
,.
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I. Prior to closing on the Bonds on November 18 , 199..1.., there shall be deposited with
OTC one Bond certificate registered in the name of OTC's nominee, Cede & Co., for each stated
maturity of the Bonds in the face amounts set forth on Schedule A hereto, the total of which
represents 100% of the principal amount of such Bonds. If, however, the aggregate principal
amount of any maturity exceeds $150 million, one certificate will be issued with respec,-t to each
$150 million of principal amount and an additional certificate will be issued with respect to any
remaining principal amount. Each $150 million Bond certificate shall bear the following legend:
Unless this c.-ertificate is presented by an authorized representative of The OepositoryTrust
Company, a New York corporation ("OTC"), to Issuer or its agent for registration of transfer,
exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in
such other name as is requested by an authorized representative of DTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered
owner hereof, Ceda & Co., has an interest herein.
2. In the event of any ~licitation of consents from or voting by holders of the Bonds, Issuer or
Agent shall establish a recoj-d date for such purposes (with no provision for revocation of consents or
votes by subsequent holders) and shall, to the extent possible, send notice of such record date to
DTC not less than 15 ca!endar days in advance of such rec.-ord date.
3. In the event of a full or partial redemption or an advance refunding of part of the outstanding
Bonds, Issuer or Agent shall send a notice to DTC specifying: (a) the amount of the redemption or
refunding; (b) in the case of a refunding, the maturity date(s) established under the refunding; and
(c) the date such notice is to be mailed to beneficial owners or published (the "Publication Date").
Such notice shall be sent to DTC by a secure means (e.g., legible telec,-opy, registered or c.-ertified
mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's
possession no later than the close of business on the business day before the Publication Date.
Issuer or Agent shall forward such notic.-e either in a separate secure transmission for each CUSIP
number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a
manifest or list of each CUSIP submitted in that transmission. (The party sending such notice shall
have a method to verify subsequently the use of such means and the timeliness of such notic.-e.) The
Publication Date shall be ngt less than 30 days nor more than 60 days prior to the redemption date
or, in the case of an advan~ refunding, the date tl1at tl1e proceeds are deposited in escrow.
4. In the event of an invitation to tender the Bonds, notice by Issuer or Agent to Bondholders
specifying the tenns of tl1e tender and the Publication Date of such notice shall be sent to DTC by a
secure means in the manner set forth in the preceding Paragraph.
5. All notices and payment advices sent to DTC shall contain the CUSIP number of the Bonds.
6. Notices to DTC pursuant to Paragraph 2 by telecopy shall be sent to DTC's Reorgani7.ation
Department at (212) 709-6896 or (212) 709-6897, and receipt of such notices shall be
confirmed by telephoning (212) 709-6870. Notices to DTC pursuant to Paragraph 2 by mail or by
any other means shall be sent to:
Supervisor; Proxy
Reorganization Department
The Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
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No Text
t ~ "': .•··
7. Notices to OTC pursuant to Paragmph 3 by telec.opy shall be sent to DTC's Call Notification
Department at (516) 227-4164 or (516) 227-4190. If the party sending the notke does not receive a
telecopy receipt from OTC confirming that the notice has been rec..-eived, such party shall telephone
(516) 227-4070. Notices to OTC pursuant to Paragraph 3 by mail or by any other means shall be
sent to:
Call Notification Department
The Depository Trust Company
711 Stewart Avenue
Garden City, NY 11530-4719
8. Notices to OTC pursuant to Paragraph 4 and notices of other actions (including mandatory
tenders, exchanges, and capital changes) by telecopy shall be sent to DTC's Reorganization
Department at (212) 709-1093 or (212) 709-1094, and receipt of such notices shall be mnfinned by
telephoning {212) 709-6884. Notices to OTC pursuant to the above by mail or by any other means
shall be sent to:
· · Mati.ager; Reorganization Department
Reo.rganization 'Window
Th~ Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
9. Transactions in the Bonds shall be eligible for next-day funds settlement in DTC's Next-Day
Funds Settlement {"NDFS") system.
A. Interest payments shall be received by Cede & Co., as nominee of OTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in accordanee with
existing arrangements between Issuer or Agent and OTC). Sueh payments shall be made
payable to the order of Cede & Co. Absent any other existing arrangements such
payments shall be addressed as follows:
Manager; Cash Receipts
Dividend Department
The Depository Trust Company
7 Hanover Square; 24th Floor
N~v York, NY 10004-2695
B. Principal payments shall be received by Cede & Co., as nominee of OTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in accordance with
existing prrangements between Issuer or Agent and OTC). Such payments shall be made
payable to the order of Cede & Co., and shall be addressed as follows:
NDFS Redemption Department
The Depository Trust Company
55 Water Street; 50th Floor
New York, NY 10041-0099
10. OTC may direct Issuer or Agent to use any other telephone number or address as the
number or address to which notices or payments of interest or principal may be sent.
11. In the event of a redemption, acceleration, or any other similar transaction (e.g., tender made
and accepted in response to Issuers or Agent's invitation) necessitating a reduction in the aggregate
principal amount of Bonds outstanding or an advance refunding of part of the Bonds outstanding,
OTC, in its discretion: (a) may request Issuer or Agent to issue and authenticate a new Bond
,certificate, or {b) may make an appropriate notation on the Bond certificate indicating the date and
amount of such reduction in principal except in the case of final maturity, in which case the
certificate will be presented to Issuer or Agent prior to payment if required.
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12. In the event that Issuer detennines that beneficial owners of Bonds shall be able to obtain
certificated Bonds, Issuer or Agent shall notify DTC of the availability of Bond c.ertificates, In such
event, Issuer or Agent shall issue, transfer, and exchange Bond c.ertificates in appropriate amounts,
as required by DTC and others.
13. DTC may discontinue providing its senices as securities depository with respect to the
Bonds at any time by giving reasonable notke to Issuer or Agent (at which time DTC will confirm
with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such
circumstances, at DTC's request Issuer and Agent shall cooperate fully with DTC by taking
appropriate action to make available one or more separate c.ertificates evidencing Bonds to any
DTC Participant having Bonds credited to its DTC acc.-ounts.
14. Nothing herein shall be deemed to require Agent to advance funds on behalf of Issuer.
Notes:
A. If there is an Agent (as defi~ed in this Letter o
Represenbdions), Agent as well as Issuer mtL'lt sign this
Letter. If there is no Agent, in si_gning this Letter Issuer
itself undertakes to perform all of\he obligutions set forth herein. .
B. Under Rules of the Municipid Se<.'Wities Rulcmaking
Boa.rd relating to~~ delivery", a munidpal se<.tuities
cle-.iler must be able to determine the elate diat a notice of a
partial call or of an advance refimding of a part of an b.~ is
published (the "publication cfate"). "111e establishment of
sud1 a publication cfate is aclc.l=l in P..mll,rr.1ph 3 of the
LL-tter.
C. Schedule B <.·ontains statements that OTC believes
a« .. ·umtely describe OTC, the med10Cl of effecting book-
entry tmnsfers of seu.uities cw.1ribute<l through OTC, and
certain related matters.
Received and Accepted:
THE DEPOSITORY TRUST COMPANY
By: en.::~.,<~
<.'C: Underwriter
Underwriter's Counsel
NationsBank of Texas, N.A. ..4 (Agent)
By: ___,;f:...........,. ih~,:c,,,x::;....,1/4"""'~-..r;;.;d.e"""""""-=="----
tAuthorized Officers Signature)
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CITY OF LUBBOCK, TEXAS
AIRPORT GENERAL OBLIGATION BONDS, SERIES 1993
SCJIBDULB A
(Describe Issue)
Principal Interest
CUSIP Amount Maturity Date Rate
549186 20 5 $125,000 February 15, 1995 6.25%
549186 2H 6 125,000 February 15, 1996 6.25%
549186 2M 5 125,000 February 15, 1997 6.25%
549186 2R 4 125,000 February 15, 1998 6.25%
549186 2V 5 125,000 February 15, 1999 6.25%
549186 2Z 6 125,000 February 15, 2000 6.25%
549186 3D 4 125,000 February 15, 2001 6.25%
549186 3H 5 125,000 February 15, 2002 6.25%
549186 3M 4 125,000 February 15, 2003 6.25%
549186 3R 3 125,000 February 15, 2004 4.70%
549186 JV 4 130,000 February 15, 2005 4.80%
549186 3Z 5 130,000 February 15, 2006 4.90%
549186 4D 3 130,000 February 15, 2007 5.00%
549186 4H 4 130,000 February 15, 2008 5.00%
549186 4M 3 130,000 February 15, 2009 5.10%
549186 4R 2 130,000 February 15, 2010 5.00%
549186 4V 3 130,000 February 15, 2011 4.25%
549186 4Z 4 130,000 February 15, 2012 4.25%
549186 SD 2 130,000 February 15, 2013 4.25%
549186 SH 3 130,000 February 15, 2014 4.25%
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SAMPLE OFFICIAL STATEMENT LANGUAGE
DESCRIBING BOOK-ENTRY-ONLY ISSUANCE
SCHEDULE B
(Prepared by DTC--bracketed material may be applicable only to certain issues)
1. The Depository Trust Company ("DTCj, New York, NY. will act as securities depository for the securities (the
*Securities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (OTC's
partnership nominee). One fully-registered Security certificate will be issued for (each issue of] the Securities, [each] in
the aggregate principal amount of such issue, and will be deposited with OTC. Pf, however, the aggregate principal
amount of (any] issue exceeds $150 million, one certificate will be issued with respect to each $150 million of principal
amount and an additional certificate wm be issued with respect to any remaining principal amount of such issue.]
2. OTC is a limited-purpose trust company organized under the New York Banking Law, a *banking organization"
within the meaning of the New "tt>rk Banking Law, a member of the Federal Reserve System, a •clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency* registered pursuant to the
provisions of Section 17 A of the Securities Exchange Act of 1934. OTC holds securities that it$ P.articipants
("Participants; deposit with OTC. OTC also facilitates the settlement among Participants of securities tmnsactions,
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. OTC 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. k;cess to the OTC 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 OTC and its Participants are on file with the Securities and Exchange Commission.
3. Purchases of Securities under the OTC system must be made by or through Direct Participants, which will
receive a credit for the Securities on DTC's records. The ownership interest of each actual purchaser of each Security
("Beneficial Owner; is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will
not receive written confirmation from OTC of their purchase, but Beneficial Owners are expected to receive written
confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through whi<fh the Beneficial Owner entered into the transaction. Transfers of ownership interests
in the Securities are to be acc6mplished by entries made on the books of Participants acting on behalf of Beneficial
Owners. Beneficial Ovfners will not receive certificates representing their ownership interests in Securities, except in
the event that use of the book-entry system for the Securities is discontinued.
4. To facilitate subsequent transfers, all Securities deposited by Participants with OTC are registered in the name of
DTC's partnership nominee, Cede & Co. The deposit of Securities with OTC and their registration in the name of Cede
& Co. effect no change in beneficial ownership. OTC has no knowledge of the actual Beneficial Owners of the
Securities; DTC's records reflect only the identity of the Direct Participants to whose accounts such Securities 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.
5. Conveyance of notices and other communications by OTC 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.
[6. Redemption notices shall be sent to Cede & Co. If less than all of the Securities within an issue are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in SI.pl issue to
be redeemed.)
7. Neither OTC nor Cede & Co. win consent or vote with respect to Securities. Under its usual procedures, OTC
mails an Omnibus Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede &
Co. 's consenting or voting rights to those Direct Participants to whose accounts the Securities are credited on the
record date (Identified in a listing attached to the Omnibus Proxy).
. ''
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8. Principal and interest payments on the Securities will be made to OTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless
OTC has reason to believe that it will not receive payment on 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 wiH be the responsibility of such Participant
and not of OTC, the Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from
time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent, disbursement of
such payments to Direct Participants shall be the responsibility of OTC, and disbursement of such payments to the
Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
(9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its
Participant, to the [f ender/RemarketingJ Agent, and shall effect delivery of such Securities by causing the Direct
Participant to transfer the Participant's interest in the Securities, on DTC's records, to the [f ender/Remarketing] Agent.
The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory
purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on
DTC's records.]
10. OTC may discontinue providing its services as securities depository with respect to the Securities at any time
by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor
· securities depository is not obtained, Security certificates are required to be printed and delivered. •
11. The Issuer may decide to discontinue use of the system of book-entry transfers through OTC (or a successor
• securities depository). In that event, Security certificates will be printed and delivered.
12. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources
that the Issuer believes to be refiable, but the Issuer takes no responsibility for the accuracy thereof .
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Letter of Representations
! 7o be Como!eted '(Jy 1ss0e' and /.\gent]
City of Lubbock, Texas
(Name of Issuer]
• NationsBank of Texasi N,A.
.
Attention: General Counsels Office
The Depository Trust Company
55 Water Street; 49th Floor
New York, NY 10041-0099
(Name of Agent)
October 15, ]993
(Date) .:.
Re: Sl,470,000, "Cicy of Lnhbock:, Texas, Tax and waterworks
System (Limited Pledge) Revenne C'ertjfjcates of
Cbligation, Series 1993"
(Issue Description)
Ladies and Gent1emen:
This letter sets forth our understanding with respect to certain matters relating to the
.
above-referenced issue (the .. Bonds"). Agent will act as trustee, paying agent, fiscal agent, or other
agent of Issuer with respect to the Bonds. n1e Bonds will be issued pursuant to a trust indenture,
bond resolution, or other such document authorizing the issuance of the Bonds dated
___ Oc __ t .... obe.=-,=r_l ____ , 1993.. (the .. Document"). _____________ _
(~Underwriter")
is distributing the Bonds through n1e Depository Trust Company (~OTC").
To induce OTC to accept the Bonds as eligible for deposit at OTC, and to act in accordance
with its Rules with respect to the Bonds, Issuer and Agent, if any, make the follo~ng
representations to OTC:
. '
..
l. Prior to closing on the Bonds on November J 8 , 1993-, there shall be deposited with
DTC one Bond certificate registered in the name of DTC's nominee, Cede & Co., for each stated
maturity of the Bonds in the face amounts set forth on Schedule A hereto, the total of which
represents 100% of the principal amount of such Bonds. If, however, the aggregate principal
amount of any maturity exc,-eeds $150 million, one certificate will be issued with respect to each
$150 million of principal amount and an additional certificate will be issued with respect to any
remaining principal amount. Each $150 million Bond certificate shall bear the following legend:
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation ("DTC"), to Issuer or its agent for registration of transfer,
exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in
such other name as is requested by an authorized representative of OTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered
owner hereof, Ceda & Co., has an interest herein.
2. In the event of any ~licitation of consents from or voting by holders of the Bonds, Issuer or
Agent shall establish a record date for such purposes (with no provision for revocation of conseQ.ts or
votes by subsequent holders) and shall, to the extent possible, send notice of such recora date to
DTC not less than 15 calendar days in advance of such record date.
3. In the event of a full or partial redemption or an advance refunding of part of the outstanding
Bonds, Issuer or Agent shall send a notice to OTC specifying: (a) the amount of the redemption or
refunding; (b) in the case of a refunding, the maturity date(s) established under the refunding; and
(c) the date such notice is to be mailed to beneficial owners or published (the "Publication Date").
Such notice shall be sent to DTC by a secure means (e.g., legible telecopy, registered or certified
mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's
possession no later than the close of business on the business day before the Publication Date.
Issuer or Agent shall forward such notice either in a separate secure transmission for each CUSIP
number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a
manifest or list of each CUSIP submitted in that transmission. (TI1e party sending such notice shall
have a method to verify subsequently the use of such means and the timeliness of such notice.) The
Publication Date shall be npt less than 30 days nor more than 60 days prior to the redemption date
or, in the case of an advan~ refunding, the date that the proceeds are deposited in escrow.
4. In the event of an invitation to tender the Bonds. notice by Issuer or Agent to Bondholders
specifying the tenns of the tender and the Publication Date of such notice shall be sent to OTC by a
secure means in the manner set forth in the preceding Paragraph.
5. All notices and payment advices sent to OTC shall contain the CU SIP number of the Bonds.
6. Notices to DTC pursuant to Paragraph 2 by telecopy shall be sent to DTC's Reorganization
Department at (212) 709-6896 or (212) 709-6897, and receipt of such notices shall be
confirmed by telephoning (212) 709-6870. Notices to OTC pursuant to Paragraph 2 by mail or by
any other means shall be sent to:
Supervisor; Proxy
Reorganization Department
The Depository Trust Company
7 Hanover Square; 23rd Floor
New York. NY 10004-2695
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7. Notic.es to DTC pursuant to Paragraph 3 by telec.'Opy shall be sent to DTC's Call Notification
Department at (516) 227-4164 er (516) 227-4190. If the party sending the notice does not receive a
telecopy receipt from OTC confirming that the notice has been received, such party shall telephone
(516) 227-4070. Notices to DTC pursuant to Paragrnph 3 by mail or by any other means shall be
sent to:
Call Notification Department
The Depository Trust Company
711 Stewart Avenue
Garden City, NY 11530-4719
8. Notices to DTC pursuant to Paragraph 4 and notices of other actions (including mandatory
tenders, exchanges, and capital changes) by telecopy shall be sent to DTC's Reorganization
Department at (212) 709-1093 or (212) 709-1094, and rec.eipt of such notkes shall be conflnned by
telephoning (212) 709-6884. Notices to DTC pursuant to the above by mail or by any other means
shall be sent to:
• Maflager; Reorganization Department
~rganization \\'i.ndow
Thil Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
9. Transactions in the Bonds shall be eligible for next-clay funds settlement in DTC's Next-Day
Funds Settlement ("NDFS") system.
A. Interest payments shall be received by Cede & Co., as nominee of DTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in ac.-cordance with
existing arrangements between Issuer or Agent and OTC). Such payments shall be made
payable to the order of Cede & Co. Absent any other existing arrangements such
payments shall be addressed as follows:
Manager; Cash Receipts
Dividend Department
The Depository Trust Company
7 Hanover Square; 24th Floor
N~v York, NY 10004-2695
B. Principal payments shall be rec.-eived by Cede & Co .• as nominee of DTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in aecordance with
existing ~ngements between Issuer or Agent and DTC). Such payments shall be made
payable to the order of Cede & Co., and shall be addressed as follows:
NDFS Redemption Department
The Depository Trust Company
55 Water Street; 50th Floor
New York, NY 10041-0099
IO. DTC may direct Issuer or Agent to use any other telephone number or address as the
number or address to which notices or payments of interest or principal may be sent.
11. In the event of a redemption, accelerntion, or any other similar trnnsaction (e.g., tender made
and accepted in response to Issuer's or Agent's invitation) necessitating a redue,tion in the aggregate
principal amount of Bonds outstanding or an advance refunding of part of the Bonds outstanding,
DTC, in its discretion: (a) may request Issuer or Agent to issue and authenticate a new Bond
certificate, or (b) may make an appropriate notation on the Bond certificate indicating the date and
amount of such reduction in principal except in the case of final maturity, in which case the
certificate will be presented to Issuer or Agent prior to payment if required.
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12. In the event that Issuer detennines that beneficial owners of Bonds shall be able to obtain
c.,-ertificated Bonds, Issuer or Agent shall notify DTC of the availability of Bond c.-ertificates. In such
event, Issuer or Agent shall issue, transfer, and exchange Bond certificates in appropriate amounts,
as required by OTC and others.
13. OTC may discontinue providing its services as securities depository with respect to the
Bonds at any time by giving reasonable notice to Issuer or Agent (at which time OTC will confirm
with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such
circumstances, at DTC's request Issuer and Agent shall cooperate fully with OTC by taking
appropriate action to make available one or more separate certificates evidencing Bonds to any
OTC Participant having Bonds credited to its DTC accounts.
14. Nothing herein shall be deemed to require Agent to advance funds on behalf of Issuer.
Notes:
A. If there is 1m Agent (a.~ defi~e<l in this Letter o
Represent.ations), Agent as well as Issuer must sign ti ·
Letter. If there is no Agent, in sii:,ung this Letter Issuer
itself undertakes to perfonn all ot~re obligations set forth herein. .
B. Under Rules of the Municipal Sec.i.uities Rulemaking Boaro rela~ to*~ delivery", n municipal securities
de·.Jer mu& be able to determine the date diat a notire of a ~ mil or of an advanre refunding of a part of an i&-.ue Is
published (tire "publication cfate"). ilre esbihlishment of
such a publk:at:ion date is addressed in P11rngraph :l of the
letter.
C. Sclredule B <.."(mtains statements that OTC believes
accumtelv describe DTC, the method of effecting book-
entry ~fers of sec.tlrities distributed thmugh DTC, and
certain related rnatters.
Received and Ac.,-cepted:
THE DEPOSITORY TRUST COMPANY
By: a?.::~,~~
cc: Underwriter •
Underwriters Counsel
NationsBank of Texas, N.A. _# (Agent)
By: -~A:..i.d...t,,.~~e:!::llcl.Y..!... • .Ll~~::S!:Q~==-----
'<Authorized omrers Signature)
..
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CITY OF LUBBOCK, TEXAS
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1993
SCHEDULE A
(Describe Issue)
Principal Interest
CUSIP Amount Ha:turity Date Bate
'
549186 2F 0 $70,000 February 15, 1995 6.00%
549186 2K 9 70,000 February 15, 1996 6.00%
549186 2P 8 70,000 February 15, 1997 6.00%
549186 2T 0 '70,000 February 15, 1998 6.00%
549186 2X l 70,000 February 15, 1999 6.00%
549186 3B 8 70,000 February 15, 2000 6.00%
549186 JF 9 75,000 February 15, 2001 6.00%
549186 3K 8 75,000 February 15, 2002 6.00%
549186 3P 7 75,000 February 15, 2003 6.00%
549186 3T 9 75,000 February 15, 2004 4.50%
549186 3X 0 75,000 February 15, 2005 4.50%
549186 4B 7 75,000 February 15, 2006 4.50%
549186 4F 8 75,000 February 15, 2007 4.75% ,,...
549186 4K 7 75,000 February 15, 2008 4.75%
549186 4P 6 75,000 February 15, 2009 4.90%
549186 4T 8 75,000 February 15, 2010 5.00%
549186 4X 9 75,000 February 15, 2011 5.00%
549186 5B 6 75,000 February 15, 2012 4.00% .. _ 549186 SF 7 75,000 February 15, 2013 4.00%
549186 SK 6 75,000 February 15, 2014 4.00%
,_
21272
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. .
SAMPLE OFFICIAL STATEMENT LANGUAGE
DESCRIBING BOOK-ENTRY-ONLY ISSUANCE
SCHEDULES
(Prepared by OTC-bracketed material may be applicable only to certain issues)
1. The Depository Trust Company ("OTC•), New York, NY, will act as securities depository for the securities (the
MSecurities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (OTC's
partnership nominee). One fully-registered Security certificate will be·issued for [each issue o~ the Securities, [each) in
the aggregate principal amount of such issue, and will be deposited with OTC. [If, however, the aggregate principal
amount of [any} issue exceeds $150 million, one certificate wiH be issued with respect to each $150 million of principal
amount and an additional certificate wll be issued with respect to any remaining principal amount of such issue.)
2. OTC is a fimited-purpose trust company organized under the New York Banking Law, a "banking organization"
within the meaning of the New 'rork Banking Law, a member of the Federal Reserve System, a "clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency• registered pursuant to the
provisions of Section 17A of the Securities Exchange Act of 1934. OTC holds securities that its tiarticipants
("Participants; deposit with orb. OTC 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. OTC 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 OTC 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 OTC and its Participants are on file with the Securities and Exchange Commission.
3. Purchases of Securities under the OTC system must be made by or through Direct Participants, which will
receive a credit for the Securities on OTC's records. The ownership interest of each actual purchaser of each Security
c·Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will
not receive written confirmation from OTC of their purchase, but Beneficial Owners are expected to receive written
confirmations providing details ot the transaction, as wen as periodic statements of their holdings, from the Direct or
Indirect Participant through whith the Beneficial Owner entered into the transaction. Transfers of ownership interests
in the Securities are to be acc6mplished by entries made on the books of Participants acting on behalf of Beneficial
Owners. Beneficial ~s will not receive certificates representing their ownership interests in Securities, except in
the event that use of the book-entry system for the Securities is discontinued.
4. To faciitate subsequent transfers, an Securities deposited by Participants with OTC are registered in the name of
OTC's partnership nominee, Cede & Co. The deposit of Securities with OTC and their registration in the name of Cede
& Co. effect no change in beneficial ownership. OTC has no knowledge of the actual Beneficial Owners of the
Securities; OTC's records reflect only the identity of the Direct Participants to whose accounts such Securities 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.
5. Conveyance of notices and other communications by OTC to Direct Participants, by Direct Participants to
Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by
anangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time.
{6. Redemption notices shall be sent to Cede & Co. If less than all of the Securities within an issue are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in s~h issue to
be redeemed.)
7. Neither OTC nor Cede & Co. will consent or vote with respect to Securities. Under its usual procedures, OTC
mails an Omnibus Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede &
Co. 's consenting or voting rights to those Direct Participants to whose accounts the Securities are credited on the
record date Qdentified in a listing attached to the Omnibus Proxy).
!'"
,.
' -
. .
8. Principal and interest payments on the Securities will be made to OTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless
OTC has reason to believe that it will not receive payment on 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 t~ responsibility of such Participant
and not of OTC, the Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from
time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent. disbursement of
such payments to Direct Participants shall be the responsibility of OTC, and disbursement of such payments to the
Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
[9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its
Participant, to the [Tender/Remarketing) Agent, and shall effect delivery of such Securities by causing the Direct
Participant to transfer the Participant's interest in the Securities, on OTC's records, to the [Tender/Remarketing) Agent.
The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory
purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on
OTC's records.}
10. OTC may discontinue providing its services as securities depository with respect to the Securities at any time
by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a ~uccessor
securities depository is not obtained, Security certificates are required to be printed and delivered.
11. The Issuer may decide to discontinue use of the system of book-entry transfers through OTC (or a successor
securities depository}. In that event, Security certificates will be printed and derrvered.
12. The information in this section concerning OTC and OTC's book-entry system has been obtained from sources
that the Issuer believes to be refiable, but the Issuer takes no responsibility for the accuracy thereof.
•
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,..
'k
-
:· ' . -. ' nopK-ENTRY·ONLYMUNICIPALBONDS ·. ·,-:· ',;,'.' ... : : :
Letter of Representations
[To be Comp!eted by issuer and . .:...;ienr]
City of Lubbock, Texas
[Name of Issuer)
~NationsBank of Texas, N.A.
• Attention: General Counsel's Office
The Depository Trust Company
55 Water Street; 49th Floor
New York, NY 10041-0099
[Nmneof Agent]
October 15, 1993
(Date}:.
Re: $3,,625,.000, "City of Lubbock, Texas, Tax and Airport
Surplus Revenue Certificates of O:,ligation, Series 1993"
(Issue Description)
Ladies and Gentlemen:
_,..
This letter sets forth our understanding with respect to certain matters relating to the
.
above-referenced issue (the "Bonds"). Agent will act as trustee. paying agent, fiscal agent, or other
agent of Issuer with respoc-t to the Bonds. The Bonds will be issued pursuant to a trust indenture.
bond resolution, or other such document authorizing the issuance of the Bonds dated
_Oc ___ t __ obe _______ r ____ l ___ , 1993... (the "Document"}. _____________ _
("'Underwriter~)
is distributing the Bonds through The Depository Trust O::impany ("OTC").
To induce DTC to accept the Bonds as eligible for deposit at DTC, and to act in accordance
with its Rules with respect to the Bonds, Issuer and Agent, if any, make the follo'Ying
representations to DTC:
! ..
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-
I. Prior to closing on the Bonds on November 18 , 1ooi, there shall be deposited with
OTC one Bond certificate registered in the name of DTC's nominee, Cede & Co., for each stated
maturity of the Bonds in the face amounts set forth on Schedule A hereto, the total of which
represents 100% of the principal amount of such Bonds. If, however, the aggregate principal
amount of any maturity exceeds $150 million, one certificate will be issued with respect to each
$150 million of principal amount and an additional certificate will be issued with respect to any
remaining principal amount Each $150 million Bond certificate shall bear the following legend:
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation ("OTC"), to Issuer or its agent for registration of transfer,
exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in
such other name as is requested by an authorized representative of OTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
OTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered
owner hereof, Ceda & 0:>., has an interest herein.
2. In the event of any s~licitation of consents from or voting by holders of the Bonds, Issuer or
Agent shall establish a record date for such purposes (with no provision for revocation of consents or
votes by subsequent holders) and shall, to the extent possible, send notice of such record date to
OTC not less than 15 calendar days in advance of such record date.
3. In the event of a full or partial redemption or an advance refunding of part of the outstanding
Bonds, Issuer or Agent shall send a notice to OTC specifying: (a) the amount of the redemption or
refunding; (b) in the case of a refunding, the maturity date(s) established under the refunding; and
(c) the date such notice is to be mailed to beneficial owners or published (the "Publication Date").
Such notice shall be sent to OTC by a secure means (e.g., legible telecopy, registered or certified
mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's
possession no later than the close of business on the business day before the Publication Date.
Issuer or Agent shall fmward such notice either in a separate secure transmission for each CUSIP
number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a
manifest or list of each CUSIP submitted in that transmission. (The party sending such notice shall
have a method to verify subsequently the use of such means and the timeliness of such notice.) The
Publication Date shall be ngt less than 30 days nor more than 60 days prior to the redemption date
or, in the case of an advan~ refunding, the date that the proceeds are deposited in escrow.
4. In the event of an invitation to tender the Bonds, notice by Issuer or Agent to Bondholders
specifying the terms of the tender and the Publication Date of such notice shall be sent to OTC by a
secure means in the manner set forth in the preceding Paragraph.
5. All notices and payment advices sent to OTC shall contain the CUSIP number of the Bonds.
6. Notices to OTC pursuant to Paragraph 2 by telecopy shall be sent to DTC's Reorganization
Department at (212) 709-6896 or (212) 709-6897, and receipt of such notices shall be
confirmed by telephoning (212) 709-6870. Notices to OTC pursuant to Paragraph 2 by mail or by
any other means shall be sent to:
Supervisor; Proxy
Reorganization Department
The Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
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•
,;J. -, \ \ ) ) )
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7. Notices to DTC pursuant to Paragraph 3 by telecopy shall be sent to DTC's Call Notification
Department at (516) 227-4164 or (516) 227-4190. If the party sending the notice does not receive a
telecopy receipt from DTC confirming that the notice has been received, such party shall telephone
(516) 227-4070. Notices to DTC pursuant to Paragraph 3 by mail or by any other mean.s shall be
sent to:
Call Notification Department
The Depository Trust Company
711 Stewart Avenue
Garden City, NY 11530-4719
8. Notices to DTC pursuant to Paragraph 4 and notices of other actions (including mandatory
tenders, exchanges, and capital changes) by telecopy shall be sent to DTC's Reorganization
Department at (212) 709-1093 or (212) 709-1094, and receipt of such notices shall be confirmed by
telephoning (212) 709-6884. Notices to DTC pursuant to the above by mail or by any other means
shall be sent to:
· Maflager; Reorganization Department
Reorganization Window
Th~ Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004-2695
9. Transactions in the Bonds shall be eligible for next-day funds settlement in DTC's Next-Day
Funds Settlement ("NDFS") system.
A. Interest payments shall be received by Cede & Co., as nominee of DTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in accordance with
existing arrangements between Issuer or Agent and DTC). Such payments shall be made
payable to the order of Cede & Co. Absent any other existing arrangements such
payments shall be addressed as follows:
Manager; Cash Receipts
Dividend Department
The Depository Trust Company
7 Hanover Square; 24th Floor
New York, NY 10004-2695
B. Principal payments shall be received by Cede & Co., as nominee of DTC, or its registered
assigns in next-day funds on each payment date (or the equivalent in accordance with
existing JUTangements between Issuer or Agent and DTC). Such payments shall be made
payable to the order of Cede & Co., and shall be addressed as follows:
NDFS Redemption Department
The Depository Trust Company
55 Water Street; 50th Floor
New York, NY 10041-0099
IO. DTC may direct Issuer or Agent to use any other telephone number or address as the
number or address to which notices or payments of interest or principal may be sent.
I I. In the event of a redemption, acceleration, or any other similar transaction (e.g., tender made
and accepted in response to Issuers or Agents invitation) necessitating a redudion in the aggregate
principal amount of Bonds outstanding or an advance refunding of part of the Bonds outstanding,
DTC, in its discretion: (a) may request Issuer or Agent to issue and authenticate a new Bond
certificate, or (b) may make an appropriate notation on the Bond certificate indicating the date and
amount of such reduction in principal except in the case of final maturity, in which case the
certificate will be presented to Issuer or Agent prior to payment if required .
. 3.
No Text
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12. In the event that Issuer determines that beneficial owners of Bonds shall be able to obtain
certificated Bonds, Issuer or Agent shall notify DTC of the availability of Bond certificates. In such
event, Issuer or Agent shall issue, transfer, and exchange Bond certificates in appropriate amounts,
as required by DTC and others.
13. DTC may discontinue providing its services as securities depository with respect to the
Bonds at any time by giving reasonable notice to Issuer or Agent (at which time DTC will confirm
with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such
circumstances, at DTC's request Issuer and Agent shall cooperate fully with DTC by taking
appropriate action to make available one or more separate certificates evidencing Bonds to any
DTC Participant having Bonds credited to its DTC accounts.
14. Nothing herein shall be deemed to require Agent to advance funds on behalf of Issuer.
Notes:
A. If there is an Agent (as defirled in this Letter o
Representations), Agent as well as Issuer must sign this
Letter. If there is no Agent, in signing this Letter Issuer
itself undertakes to perfonn all of\he obligations set forth
herein. ·
B. Under Rules of the Munkipal Securities Rulemaking
Board relating to Mgood delivery", a municipal securities
dealer must be able to detennine the elate that a notice of a
~ call or of an advance refunding of a part of an is.me is
published (the "publication date"). i11e establishment of
such a publication date is addressed in Paragraph 3 of the
Letter.
C. Schedule B contains statements that OTC believes
accurately describe OTC, the method of effecting book-
entry transfers of securities distributed through OTC, and
certain related matters.
Received and Accepted:
THE DEP SITORYTRUSTCOMPANY
By. (~!,~~
CC: Underwriter
Underwriter's Counsel
NationsBank of Texas, N.A.
By:
L (Agent)
.u.u.Mida. 1 (Authorized Officer's Signature)
-4-
No Text
CITY OF LUBBOCK, TEXAS
TAX AND AIRPORT SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1993
SCHEDULE A
(Describe Issue)
Principal Interest
CUSIP Amount Maturity Date Rate
549186 2E 3 $180,000 February 15, 1995 6.25%
549186 2J 2 180,000 February 15, 1996 6.25%
549186 2N 3 180,000 February 15, 1997 6.25%
549186 2S 2 180,000 February 15, 1998 6.25%
549186 2W 3 180,000 February 15, 1999 6.25%
549186 JA 0 180,000 February 15, 2000 6.25%
549186 JE 2 180,000 February 15, 2001 6.25%
549186 JJ 1 180,000 February 15, 2002 6.25%
549186 3N 2 180,000 February 15, 2003 6.25%
1 549186 JS 1 180,000 February 15, 2004 4.70%
549186 3W 2 180,000 February 15, 2005 4.80%
549186 4A 9 180,000 February 15, 2006 4.90%
549186 4E 1 180,000 February 15, 2007 5.00%
549186 4J 0 180,000 February 15, 2008 5.00%
549186 4N 1 180,000 February 15, 2009 5.00%
549186 4S 0 185,000 February 15, 2010 5.00%
549186 4W 1 185,000 February 15, 2011 4.25%
549186 SA 8 185,000 February 15, 2012 4.25%
I ii" 549186 SE 0 185,000 February 15, 2013 4.25%
549186 SJ 9 185,000 February 15, 2014 4.25%
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21272
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SAMPLE OFFICIAL STATEMENT LANGUAGE
DESCRIBING BOOK-ENTRY-ONLY ISSUANCE
SCHEDULEB
(Prepared by DTC--bracketed material may be applicable only to certain issues)
1. The Depository Trust Company ("OTC"), New York, NY, will act as securities depository for the securities (the
"Securities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's
partnership nominee). One fully-registered Security certificate will be issued for [each issue ofj the Securities, [each] in
the aggregate principal amount of such issue, and will be deposited with OTC. pt, however, the aggregate principal
amount of [any] issue exceeds $150 million, one certificate will be issued with respect to each $150 million of principal
amount and an additional certificate will be issued with respect to any remaining principal amount of such issue.]
2. OTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization·
within the meaning of the New 'rork Banking Law, a member of the Federal Reserve System, a "dearing 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. OTC holds securities that its participants
("Participants") deposit with OTC. OTC 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. OTC 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 OTC 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 OTC and its Participants are on file with the Securities and Exchange Commission.
3. Purchases of Securities under the OTC system must be made by or through Direct Participants, which will
receive a credit for the Securities on DTC's records. The ownership interest of each actual purchaser of each Security
("Beneficial Owner") is in turn to 'be recorded on the Direct and Indirect Participants' records. Beneficial Owners will
not receive written confirmation from OTC of their purchase, but Beneficial Owners are expected to receive written
confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through whi<fh the Beneficial Owner entered into the transaction. Transfers of ownership interests
in the Securities are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial
Owners. Beneficial Ovfners will not receive certificates representing their ownership interests in Securities, except in
the event that use of !he book-entry system for the Securities is discontinued.
4. To facilitate subsequent transfers, all Securities deposited by Participants with OTC are registered in the name of
DTCs partnership nominee, Cede & Co. The deposit of Securities with OTC and their registration in the name of Cede
& Co. effect no change in beneficial ownership. OTC has no'knowledge of the actual Beneficial Owners of the
Securities; DTC's records reflect only the identity of the Direct Participants to whose accounts such Securities 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.
5. Conveyance of notices and other communications by OTC 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.
[6. Redemption notices shall be sent to Cede & Co. If less than all of the Securities within an issue are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in s~h issue to
be redeemed.]
7. Neither OTC nor Cede & Co. will consent or vote with respect to Securities. Under its usual procedures, OTC
mails an Omnibus Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede &
Co.'s consenting or voting rights to those Direct Participants to whose accounts the Securities are credited on the
record date Odentified in a listing attached to the Omnibus Proxy).
No Text
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t .-,•~ • .
·-..... ,
8. Principal and interest payments on the Securities will be made to OTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless
OTC has reason to believe that it will not receive payment on 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 OTC, the Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from
time to time. Payment of principal and interest to OTC is the responsibility of the Issuer or the Agent, disbursement of
such payments to Direct Participants shall be the responsibility of OTC, and disbursement of such payments to the
Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
[9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its
Participant, to the [f ender/Remarketing) Agent, and shall effect delivery of such Securities by causing the Direct
Participant to transfer the Participant's interest in the Securities, on DTC's records, to the [fender/Remarketing] Agent.
The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory
purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on
DTC's records.]
~
10. OTC may discontinue providing its services as securities depository with respect to the Securities at any time
by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor
securities depository is not obtained, Security certificates are required to be printed and delivered.
11. The Issuer may decide to discontinue use of the system of book-entry transfers through OTC (or a successor
securities depository). In that event, Security certificates will be printed and delivered.
12. The information in this section concerning OTC and DTC's book-entry system has been obtained from sources
that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof.
-ii-
No Text
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..
'l!ld G-93 . 3497
fonn 8038-G Information Return for Tax-Exempt Governmental Obligations
• Under Internal Revenue Code seclion 149(e) OMO No. IS•S-0120
• See separate Instructions.
(Use Form 8038-GC if the issue price is under S 100.000 .J
(Rev. May 1993)
0cc>ortm«>4ofl .... f"".....-Y ,,., ..,.....,.111.,_,..s-,,.,..
If Amended Return, check here • O
1 Issuer's name 2 Issuer's emptoye< idenlificalion number
Cit of Lubbock, Texas 75: 600059-0
3 Numbe< and street (o< P.O. boK if mail is not delivered lo street address)
P.O. Box 2000
S City. town. slate, and ZIP code
Lubbock, Texas 79457-0001
7 Name of Issue City of Lubbock, Texas, General Obligation
Bonds, Series 1993
9 0 Education (attach schedule-see instructions) • •
10 0 Health and hospital (attach schedule-see instructions).
11 Ix] Transportation • • • :-· • • • • •
12 Ix) Public safety. • • • • • • • • • •
13 IX] Environment (including sewage bonds) •
14 0 Housing • • • • • • • • • • •
15 IXI Ut iii ties • • • • • • • • • • • • • • • • • • • • • •
16 IX] Other. Describe (see Jnstructions) • Library. Parks. Coliseum
If obfigations are tax or other revenue anticipation bonds, check box • 0
If obli ations are In the form of a lease or installment sale, check box • 0
(•l th) Maturity dale lnleresl note
21 Proceeds used for accrued interest • • • • • • • • • • • • •
22 Issue price of entire issue (enter amount from line 20, column (c)] • • •
Aoomlsuile • Report number
Gl9 94-2
6 Oate or issue
November 18, 1993
8 CUStP Number
5491865L4
Issue price
$
128 795.67
19,378,342.80
23 Proceeds used for bond issuance costs ~nduding unde'writers' discount} • i-,;;2;..;.3-+=2::.:2:.:8:;;..a."'-'-=-=c..,:;,,'--•,;
24 Proceeds used for credit enhancement • • • • • • • • • • 1-"2;..4-+-__ ....._ ___ --i:
25 ~25=-+--==:...,_---rm
26
Enter the remaining weighted average maturity of the bonds to be refunded •
Enter the last date on which the refunded bonds will be called • • • • •
Enter the date s the refunded bonds were issued •
Miscellaneous
. • . •
32 Enter the amount of the state volume cap allocated to the issue • • • • • • • • • • •
33 Enter the amount or the bonds designated by the issuer under sectioo 265(b)(3)(8)6)~11) (small issuer
exception) • • • • • • • • • • • • • • • • • • • • • • • • • • • . • •
34 Pooled financings:
N/A
N/A
N A
NIA
-0-
years
a Enter lhe .1mount of Che proceeds ol Chis issue Ch3t are lo be used lo m:ike loans to other governmental units • ___ -_._Q._-____ _
b If this issue is a loan made from the proceeds of anothe< tax-exempt issue. check box • 0 and enler the name of the
issuer • ___________________ and the dale of the issue •
35 If the issuer has elected to a a nalt in lieu of rebate. check box • . • • • • • O
Please
Sign
Here
Under penalties ol perju,y. I deda,e 11\al I ha"" eum.ned !his retum and aeoomp:,nying schedules and stalemenls. and to lhe besl ol my knowled9e
and belief. they are lrue. correct. and complete .
J. Robert Massengale, Assistant
)i=P,.J..-4€:i,.~'=,,h,...{,L.tae:QQ.~1L~~MU1c~::JlultLt;l8lJ.J..~L-• City Manager for Financi a 1
Dale Type or print name and !•lie Se rv . e
For Paperwor C:11 No. 63113S fonn 8038-G (Aev 5-931
{The next page is 3•97•3.I
No Text
--
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TELEPHONE: 214/855•8000 f"ACSIMH.E: 214/855•8200
MARK S. WESTERGARD
PARTNER
DIRECT DIAL! 21-4/855-8002
FULBRIGHT & JAWORSKI
LLP.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
February 9, 1994
CERTIFIED MAIL #P 194 704 916
RETURN RECEIPT REQUESTED
Internal Revenue Center
Philadelphia, PA 19255
Re: Information Report Pursuant to Section 149 (e)
Ladies and Gentlemen:
HOUSTON
WASHINGTON, O.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG.KONG
Enclosed herewith is a statement by the City of Lubbock, Texas concerning its
obligations styled "City of Lubbock, Texas, General Obligation Bonds, Series 199311
submitted in compliance with the requirements of Section 149 (e) of the Internal
Revenue Code of 1986, as amended. Also enclosed is a xeroxed copy of such statement
together with a return envelope.
We request that the original statement be filed, and the xeroxed copy be date
stamped as acknowledgement of filing and returned to us in the envelope provided.
MSW/bsr
Enclosures
L66 L aunr '008£ WJO::t Sd
,.
.\19 ~-•).I
Fo= 8038
(A.,.,. March 1993)
I" ~-or the r..,.uu,y .... _.-:s-,.,.
COPY
Information Return for Tax-Exempt
Private Activity Bond Issues
(Undc, lolcmal Revenue Code section 149(e)J
• See separate lnstnJClions .
3493-7
OMO No. 1545-0720
I® n Reporting Authority If Amended Return, check here • 0
1 lssuo<'anam. :z tf.'Wer's employor «IMtifieation numb.Ir
City of Lubbock, Texas 75 : 600059-0
3 l'oll..anber and sire« (OI' P.O. tx,,. if mail is not df:6Yel'l!>d to street ~
P.O. Box 2000
floom/suite "Rcpottnumbc<
PA1994-l
6 Oatcof ls.sc.ie s City o< ~ state, and ZIP c:odo
Lubbock, Texas 79457-0001 November 18, 1993
, Nameolasuo City of Lubbock, Texas, Airport General
Obli ation Bonds, Series 1993
8 CUSIP number
549186583
,-. 1@111 Type of Issue (check applicable box(es) and enter the issue price for each)
9 Exempt facility bond:
a IXI Airport (sections 142(aX1) and 142(c)) • • • • • • •
b O Docks and wharves (sections 142(a){2) and 142(c)). • • • • • •
c O Mass oonvooting facilities (sections 142(a)(3) and 142(c}). • • •
d O Water furnishing facilities (sections 142(aK4) and 142(e)) • •
e O Sewage facilities (section 142(a){S}) • • • • • • • • · •
t • Solid waste disposal facilities (section 142(a)(6)) • • • • • • • • • • •
g O Qualified residential· rental projects (sections 142(a)p) and 142(d)). as follows:.
Meeting 20-50 test (section 142(d)(1XA)) • • • • • • • • • • • D
Meeting 40-00 test (section 142(d)(1)(8}) • • • • • • • • • • • 0
Meeting 25--60 test (NYC only) (section 142(d)(6)) • • • • • • • • D
Has an election been made for deep rent skewing (section 142(d)(4)(8))7 0 Yes O No
h O Facilities foc the local furnishing of electric energy or gas (sections 142(a)(8) and 142(f))
l O local district heating or cooling facilities (sections 142(8)(9) and 142(9)) • •
J O Qualified hazardous waste facilities (sections 142(aX10) and 142(h)) • • • • • • •
k O High-speed inten:::ity rail facilities (sections 142(a)(11 ). 142(c), and 142(i)). • • • • • • •
Check box if the owner elected not to claim depreciation or eny tax credit (see instructions) • 0
I D Environmental enhancements of hydroelectric gmerating facilities (sections 142(a)(12) and
1420)) • • • • • • • • • • • • • • • • • • • • • • • • • ' • • • •
m O Facilities allowed under a transitional rule ot the Tax Reform Act of 1986 (see instructions) •
Facaity type •••••••••••••••••••••••••••••• ~ .............................................................. .
1986 Act section •••• ·-················-·················••H••·········································· 10 0 Qualified mortgage bond (section 143{a)) (see instructions) • • • • • • • • •
If you elect to rebate arbitrage profits to the United States, check box • 0
11 0 Qualified veterans' mortgage bond (section 143(b)) • • • • • • • • • • • •
If you elect to rebate arbitrage profits to the United States, check box • • • • 0
12 0 Qualified sman issue bond (section 144(a)) (see Instructions). • • • • •
For $10 million small issue exemption, check box • 0
13 0 Qualified student ·1oan bond (section 144{b)) • • • • • • • • • • • •
14 0 Qualified redevelopment bond {section 144(c)) • • • • '.
15 0 Qualified hospital bond (~tion 145(c)) (attach schedule-see instructions) • • • •
16 D Qualified 501 (c){3) bond other than a qualified hospital bond (attach schedule-see Instructions)
17 B Nongovernmental output property bond (treated as private activity bond) {section 141{d)). •
18 Other. Describe see instructions •
um:a 111 Description of Bonds
Issue Price
9a· 2 577,615...10
9b
9c
10
11
12
1.3
14
15
16·
17
18
(al (bl (CJ
Issue price
(dl l•I Ill (gl
19 Final matU<ity. .
20 Entire issue • .
Maturity dale lntc.-est ra(e
,-. For-Paperwon<. Reduction Act Notice, sec p:age 1 ot the Instructions.
Slailcd redemplioo
p,icc ac maturity
Cat. No. 49973K
Weighted a.,.,,agc Yield Net
maturity interest cost
f0<m 8038 (Aev, 3-1l3J
·8
J.8 (Ro¥. 3-9:l)
[I!l Uses of Original Proceeds of Issue 0ncluding Uf:1derwriters' discount)
'roceeds used for accrued interest • . • • • • • • • • • • •
ssue p(ice of entire Issue (enter amount from line 20. column (c)) • • .
'roceeds used for bond. issuance costs Qncluding underwriters' discount) l--"'-23.;;....+-=...._....._._..............,....__-t
>roceeds useq for credit enhancement • . • • • • • • • • • • i--=-24..:....+--~~---t::
>roceecis allocated to reasonably required reser.te or replacement fund • i--=-25:::....+--=;._---i
>roceeds used to refund p(ior Issues (complete Part VI) • • • • • • 1....::2..::.6...._ _ __:::;.;.=;.__--r
rotal (add lines 23 through 26) • • • • • • • • • • • • • • • • •
.Jonrefundin roceeds of the issue subtract line 27 from line 22 and enter amount here .
Description of Property Financed by Nonrefunding Proceeds
.\79 S-9.\
Amount
(Do not complete f0< quafified student loan boods, qualified mortgage bonds, o< qualified veterans' mortgage bonds.)
fype of Property Financed by Nonrefunding Proceeds: Amount
Land . . . . . . . . . . . . . . . . . 29a . . . . . . . . . . . . .
Buildings and structures • . . . . . . . . . . . . . . . . . . . . . . . . 29b 2 550.000.00
Equipment with recovery period of more than 5 years • . . . . . . . . . . . . . 29c
Equipment with reccvery period ors years or less .. -· 29d --. . . . . . . . . . . . . . .
Other (describe). . . . . . . . . . . . . . . . . . . . . . . . . . 29e
Standard Industrial classification (SIC} of the p(ojects finan~ by noorefundinQ proceeds.
SICCode Amount of nonrefunotng proceeds SIC Code AmQunt of ooorefundlog Pfoceeds
4581 $ 2.sio.000.00 C $
$ d $
fl Description of Refunded Bonds {Complete this part. only for refunding bonds.)
Ent« the remaining weighted average maturity of the bonds to be refunded
Enter.the last date on which the refunded bonds will be called • • • • • • • •
Enter. the date(s) the refunded bonds were issued •
EIJ · Mtse:ellaneous
• .•
N/A
NIA
NIA
.
years
Name of governmental unit(s) app(oving issue (see lostructioos) • ... g!!=.Y •• !-?f .. !,.t}.Q£9.f."ls-.t •• !E?JE!!§..: ••.•••.•...•••.•••.•••
................................ -------··· ......... -.................. ___ ,..., .. _ ....................... ti. .. · ............... , ............................. _ ................ ,. .................................... .
Enter the amount of the bonds desigrµ1ted by the issuer. under section 265(b)(3)(B){i){111). • • • • • • __ -..,.0 __ -___ _
If ou have elected to nal in lieu of rebate, check boll: • • • • · • • • • • • • • • 0
tl'!'lilJ VolumeCap
Amount·of volume cap allocated to the issuer. Attach copy of state certification
Amount of issue sub~ to the unified state volume cap • • • • • • • • •
Amount of Issue not subject to the unified state volume cap or other volume limitations:
Of bonds for governmentally owned solid waste facilities, al<ports, docks, wharves, erivironmental
enhancements of hydroelectric generating facilities, or high-speed lnteroity rail facilities. • ·
Under a carryforward election. Attach a copy of form 8328 to this return • • • • • • • •
Under transitional rules of the Tax Reform Act of 1986. • • • • • • • • • • • • • •
Enter the kt section of the applicable transitional rule. • • • • • • • ...................... .
37
38
Amount
-0-
Under the exception for current refunding (section 1313(a) of the Tax Reform Act of 1986). • 1-3;;..;9;..,;;d+-_-_O-=-------
Amourit of issue of qualified 501 (c)(3) bonds:
Qualified hospi~I bonds • • • • • • • 1-40.....ca+--~----
Qu~lified nonhospltal bonds. • .. • • • • t-40 ____ b+---"'-----
Outstanding tax-e?(empt nonhospital bonds • • • • • t-40.......;;c+---=----
Amount of issue of qualified veterans' mortgage bonds • • .... 4 ... 1_a ______ _
Enter the state limit on ualifled veterans' mort a e bonds • 41b
rnse
]O •
p,,,jury, I d<,clare lhat I have examined lhis ~lUfT\. and aoc::ompanying sche<lvles and statements. and lo lhe best of my knowledge
g,e:1l<>t:\ll~IIO}'l(Ue .• CO,, complete,
Massengale
Name cf abovo clf,ce, (type 0< prinlJ
• November 18, 1993
O.a1Assistant City Manager
for Financial Services
r<1le of olfic« (type o, print)
...-
i
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-
TELEPHONE: 214/655•6000 ,-ACSIMILE: 214/655•6200
MARK S. WESTERGARD
PARTNER
DIRECT DIAL! ZM/855-6002
FULBRIGHT & JAWORSKI
L.LP.
A REGISTERED LIMITED I.IABll.lTY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
0 ALLAS, TEXAS 75201
February 9, 1994
CERTIFIED MAIL #P 194 704 913
RETURN RECEIPT REQUESTED
Internal Revenue Center
Philadelphia, PA 19255
Re: Information Report Pursuant to Section 149 (e)
Ladies and Gentlemen:
HOUSTON
WASHINGTON, 0.C.
AUSTIN
SAN ANTONIO
DALI.AS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
Enclosed herewith is a statement by the City of Lubbock, Texas concerning its
obligations styled 11City of Lubbock, Texas, Airport General Obligation Bonds, Series
199311 submitted in compliance with the requirements of Section 149 (e) of the Internal
Revenue Code of 1986, as amended. Also enclosed is a xeroxed copy of such statement
together with a return envelope.
We request that the original statement be filed, and the xeroxed copy be date
stamped as acknowledgement of filing and returned to us in the envelope provided.
Vecy truly yours,
'11~-✓-JJ~
Mark S. Westergard
MSW/bsr
Enclosures
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1i-o 6-93 lUPY 3497
Information Return for Tax-Exempt Governmental Obligations fo"" 8038-G • Under Internal Revenue Code section 149(e)
• See separate Instructions.
OMO No. l!,4!,-0120
(Rev. May 1993)
~tlmonl ol t ... T .. -,,y w:~i,.,..,~s~ce (Use form 8038-GC i1 lhe issue price is unde1 $ 100.000.J
Authorit If Amended Return, checl< here • O
1 lssuer·s name 2 lssuer·s employer idoolilication number
City of Lubbock, Texas 75 ) 600059-0
3 Number and street (or P.O. box if mail is not delivered lo street address) Room/suite 4 Repon number
P.O. Box 2000 Cl994-l-
S City, town, state, and ZIP code
Lubbock Texas 79457-0001
7 Name of Issue City of Lubbock, Texas, Tax and Waterworks System
6 Oate of issue ·
November 18, 1993
6 CUSIP Number
(Limited Pled e Revenue Certificate of Obli Series 199 5491865K6
rice
ls,sue price
9 0 Education (attach schedule-see instructions) • • $
10 0 Health and hospital (attach schedule-see instructions).
11 0 Transportation • • • .-· • • • • • •
12 @ Public safety. • • • • • • • • • • 1 486 303.80
13 0 Environment (including sewage bonds) •
14 0 Housing • • • • • • • • • • • •
15 0 Utilities • • . • • • • • • • •
21
22
23
24
25
26
29
0 Other. Describe (see l~structions) • ____________________ _
If obligations are tax or other revenue anticipation bonds, check box •
If obr ations are In the form of a lease or installment sale, check box • D D
(di (al lbl
Maturity dale lnle.esl r.ale Stated ffdemption
ptlc:e at maturity
75,000.0
Proceeds used for accrued interest • • • • • • • • • • • •
Issue price of entire issue (enter amount from line 20, column (c)) • •
Proceeds used for bond issuance costs ~ncluding und~twriters' discount) • 1--"'2"'3-+-=-:c...,..::::.;::-=-:'-=-'::;._-
Proceeds used for credit enhancement • • • • • • • • • • 1--"'2_4-+----"''----~
Proceeds allocated to reasonably required resetve or replacement fund i-=2:.:::5+ __ .;;..>.c;;;_ __ •
Proceeds used to refund prior issues • • • • • • • • • • • '-=2:.;:6_,_ __ ~=----f'_,,
Total (add lines 23 through 26) • • • • • • • • • • • • • •
Nonrefundi oceeds of the issue subtract line 27 from line 22 and enter all'k)unt here •
Enter the remaining weighted average maturity of the bonds to be refunded • •
Enter the last date on which the refunded bonds will be called • • • • • • •
Enter the date s the refunded bonds were issued •
Miscellaneous
N/A
NIA
32 Enter the amount of the state volume cap allocated to the issue • • • • • • • • • • • N /A
33 Enter the amount of the bonds designated by the issuer under section 265(b){3)(BW)~IQ (small issuer
exception) • • • . . • • • • • • • • • • • • • • • • • • • • • • . • • -0-
34 Pooled financings:
a Enter lhe amount of lhe proceeds of this issue th.lt are 10 be used to m:lke lo:ins to other govemment'11 units • -O-
years
b U this issue is a loan made from the proceeds of another tax-exempt issue. check box • 0 and enter the name of the
issuer • ___________________ and the date of the issue •
35 If the issuer has elected to nalt in lieu of rebate, check box • • . • . • • O
Under penalties of perju,y, I declare that I have e1:amined this tetum and accom1>3nying schedules atld statements. and to the best or mv lmolW!dge
and belief. they are true. correct. and complete.
Please
Sign • Here
for Paperwork
J. Robert Massengale, Assistant
_:;::4,~d:(....u..~:.iL.JL.-.E:1.~~~~~~::::::..-...!l:..!l-;1./..=l.:::81-./.:::..9=.3_ • City Manager for Financial
Oale Typeo,pnntname andliUe Services
c~, No. 63773S form 8038-G (flev 5•931
(The next page is 3497-3.l
) ) ) ) ) ) ) )
,...
,....
,,-.
j -
TELEPHONE: 214/855•8000
f"ACSIMILE: 2141/855•8200
MARK S. WESTERGARD
PARTNER
DIRECT DIAL: 214/855-8002
FULBRIGHT & JAWORSKI
L. L. P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS, TEXAS 75201
February 9, 1994
CERTIFIED MAIL #P 194 704 915
RETURN RECEIPT REQUESTED
Internal Revenue Center
Philadelphia, PA 19255
Re: Information Report Pursuant to Section 149 (e)
Ladies and Gentlemen:
HOUSTON
WASHINGTON. o.e.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZUF.UCH
HONG KONG
Enclosed herewith is a statement by the City of Lubbock, Texas concerning it;s
obligations styled nCity of Lubbock, Texas, Tax and Waterworks System (Limited
Pledge) Revenue Certificate of Obligation, Series 1993" submitted in compliance with
the requirements of Section 149 (e) of the Internal Revenue Code of 1986, as amended.
Also enclosed is a xeroxed copy of such statement together with a return envelope.
We request that the original statement be filed, and the xeroxed copy be date
stamped as acknowledgement of filing and returned to us in the envelope provided.
MSW/bsr
Enclosures
0009220/18
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Very truly yours,
::la;!::!~
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.\19 5.'Jj COPY 3493-7
fo<m 8038 0MB No. 1S4S-0720
· ,,,.._ (Ro,,. March 1993)
Oe9-0H"'°f"""""Y w_., __ ,s..n,.,.
Information Return for Tax-Exempt
Private Activity Bond Issues
(Under lntem:;d Revenue Code section 149(c)l
• See separate lnstn.ictions.
I :Jm 11 Reporting Authority II Amended Return. check here • 0
1 ......_. __
2 lssu...-s •mpbyer id<lltlliricallon numbe<
Cit of Lubbock, Texas 75 : 600059-0
,...., 3 Number and slroe< (oc P.O. box It mail is roe dewef'Od to st..et ~) Rooml...,;to • Report .....-nbe<
PA19 94-2 P.O. Box 2000
5 City« town. state. and ZIP code
Lubbock, Texas 79457-0001
7 NatTl<loOs..... City of Lubbock, Texas, Tax and Airport Surplus
Revenue Certificate of Obli ation, Series 1993
6 O.,to oC issue
November 18, 1993 ·
a CUSIPtunbor
5491865J9
,-. l®UI Type of Issue (check applicable box(es) and enter the issue price for each) Issue Price
,,...
·-
-
9 Exempt facility bond:
10
11
a tx1 Airport (sections 142(aX1) and 142(c)) • • • • • • • • • • • • •
b O Docks and wharves (sections 142(a)(2) and 142(c)}. • •
c O Mass commuting facilities (sections 142(a)(3) and 142(c)). •
d O Water furnishing facilities (sections 142(a)(4) and 142(e)) • •
e O Se~ge facilities (section 142(a.){5)} • • • • • • • • •
t • Solid waste disposal facilities (section 142(a){6)) • • • • • • • • •
g O Qualified residential rental projects (sections 142(a)P) and 142(d)), as follows:.
Meeting 20-50 test (section 142(d)(1XA)) • • • • • • • • • • • 0
Meeting 4G-60 test (section 142(d)(1)(B}) • • • • • • • • • • • 0
Meeting 25-60 test (NYC only) (section 142(d){6)) • • • • • • • • 0
Has an election been made for deep rent skewing (section 142{d)(4}(B))? 0 Yes O No
h O Facilities for the local furnishing of electrlc energy or gas (sections 142{a)(8) and 142(1))
i O Local district heating or cooling facilities (sections 142(a){9) and 142(9)). • • • . •
J O Qualified hazardous waste facilities (sections 142{aX1O) and 142(h)) • • • • • • •
k O High-speed lntetcity rail facilities (sections 142(a){11), 142(c). and 142(i)). • • • • • • •
Cleek box it 1he owner elected not to claim depreciation or any tax credit (see instructions) • 0
I O Environmental enhancements of hydroelectric generating facilities (sections 142(a){12) and
1420)) • • • • • • • • • • • • • • • • • • • • • • . • • • • • • •
m O Facilities allowed under a transitional rule of the Tax Reform Act of 1986 (see instructions) •
Facility type ••••••••••••••••••• -•••••••••• ~ ................................. ·-····························
1986 Act section_·······································--·----·--······································· 0 Qualified mortgage bond (section 143(a)) (see instructions) • • • •
•0
•• 12
If you elect to rebate arbitrage profits to the United States. check box
0 Qualified veterans• mortgage bond (section 143(b)). • • • • • •
It you elect to rebate arbitrage profits to the United States, check box
0 Qualified smaH issue bond (section 144(a)) (see instructions). •
13
14
15
16
17
18
For $10 million small issue exemption, check box
0 Qualified student ·1oan bond (section 144(b)) • • • • • •
0 Qualified redevelopment bond (section 144{c)) • • • • ' • •
••
0 Qualified hospital bond (section 145(c)) (attach schedule-see instructions) • • • • • • •.
D Qualified 501(c)(3) bond other than a qualified hospital bond (attach schedule-see instructions)
B Nongovernmental output property bond (treated as private activity bond) (section 141(d)). •
Other. Describe see instructions •
1$11!1 Description of Bonds
9a· 3 664,166....J.5
9b
9c
9d
9e •
10
11
12
1.3
14
15
16·
17
18
Col (bl (cl
Issue price
(di t•I lll (9l
19 Final matU(ity. .
20 Entire issue • .
Malvrily dale Interest <ale Stated reGemption
p<iee at maturity
• 250 % $ 160,012.05 s 185 000.0
s 3,664,166.16$ 3,625,000.0
For Paperwork Reduction Act Notice, see page 1 of the Instructions. Cal. No. 49973K
We,ghled average Y-oeld Net
maturity interest cost
Fo,m 8038 (Rev. 3-93)
~3-8
, 6038 (Tiov. 3-93)
1il1!J Uses of Original Proceeds of Issue {including underwriters' discount)
Proceeds used for accrued interest . . • • • • • • • • • • •
Issue price of entire Issue (enter amount trom line 20. column (c)J • • •
Proceeds used for bond issuance costs (including underwriters' discount) t-=2=3+~~~~=--Iz
Proceeds useq for credit enhancement • . • • • • • • • • • • t-=2;.;.4+--~=----~
Proceeds allocated to reasonably required reserve or replacement fund • i--=2=5-+-----'....,,_ ___ ~
Proceeds used to refund prioi issues (complete Part VI) • • • • • • --=2=6...._ __ -"'-----r'
Total (add lines 23 through 26) • • • • • • • • • • • • • • •
Nonrefundin roceoos of the issue subtract line 27 from line 22 and enter amount here •
Description of Property Financed by Nonrefunding_ Proceeds
379 5-?.l
P.age 2
Amount
(Do not complete for qua&fied student loan bonds, qualified mortgage bonds, or qualified veterans' mortgage bonds.)
Type of Property Financed by Nonrefunding Proceeds: Amount
I Land . . . . . . . . . . . 29a . . . . . . . . . . . . . . . . . . .
I Buildings and structures • . . . . . . 29b ., 62s.ooo.oo . . . . . . . . . . . . . . . . . .
; Equipment with recovery period of more than 5 years • . . . . . . . . . . . . 29c
I Equipment with recovery period of 5 years or less . . -29d -. . . . . . . . . . . . . .
I Other (describe}. • • • • • • • • • • • . . . . . . . . . . . . . . . . 29e
Standard Industrial classification (SIC) of the projects financed by nonrefunding 1-"----=s.
S1CCodG Amount of nonrefuo<f"'9 pr~ SIC Code Amooot of noorefundiog proce,eds
I 4581 $ 3,625,000.00 C $
I $ d $
mJ Description of Refunded Bonds (Complete this part. only for refunding bonds.)
Enter_the remaining weighted average maturity of the bonds.to be refunded
Er!ter·the last date on which the refunded bonds will be called • • • • • •
Enter. the date{s) the refunded bonds were issued •
mE!I · Mis~llaneous
. . . •
.•
NIA
NIA
NIA
.
years
Enter the amount of the bonds deslgn!lted by the issuer.under ~tion 265{b)(3)(B)(i)(IU):·. --. : ; ... -•······---0-· ····-·---
If ou have elected to nal in lieu of rebate, check bot • • • • • • . . . . • . • 0
:fi 1911 I Volume Cap Amount
Amount'ot volume cap allocated to the issuer. Attach copy of state certification ....... 37-'-l-__ -..;_Q_.,,. ___ _
Amount of issue sub~t to the unified state volume cap • • • • • • • . • ......,Js-'-1-__ .,,,_ ___ _
Amount of issue not subject to the unified state volume cap or other volume limitations:
a Of bonds for governmentally owned solid waste facilities, airports, docks, wharves, e11vironmental
enhancements of hydroelectric generating facilities, or high-speed Intercity rail facilities. •
b Under a canyfcxward election. Attach a copy of Fo<m 8328 to this return • • • • • • • •
c Under transitional rules of the Tax Reform Act of 1986. • • • • • • • • . • . • • •
Enter the kt section of the applicable transitional rule. • • • • • • •--.... ~ ............... .
d Under the exception for current refunding (section 1313(a) of the Tax Reform kt of 1986).
Amount of issue of qualified 501 (c){3) bonds:
a Qualified hospifa_l bonds • . • . • • •
b Qu~lifted nonhospital bonds. • • • • • .
c Outstanding tax~empt nonl:lospital bonds •
a Amount of issue of qualified veterans' mortgage bonds •
b Enter the state limit on ualified veterans' mart a e bonds
40a
40b
40c
41a
41b
lease
ign
ere
~#~u:; ~:~~n-:. examined this rel<M'n, and a<:eompany,ng schedules and statements. and to the best ol my knowledge
• ~-~~ e~7~ • November 18, 1993
t1.Kt1olofftcec Oat!\ssistant City Manager
J. Robert Massengale for Financial Services
Name o( aoov., otrocer (typo o, prinl) T41e or of fie« (type 0< print)
,-
-
TELEPHONE: 214/855•8000 f"ACSIMILE: 214/855·8200
MARK S. WESTEAGARO
PARTNER
DIRECT DIAL: 214/85S-.8002
FULBRIGHT & JAWORSKI
L. L. P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
2200 Ross AVENUE
SUITE 2800
DALLAS. TEXAS 75201
February 9, 1994
CERTIFIED MAIL #P 194 704 914
RETURN RECEIPT REQUESTED
Internal Revenue Center
Philadelphia, PA 19255
Re: Information Report Pursuant to Section 149 (e)
Ladies and Gentlemen:
HOUSTON
WASHINGTON. D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG· KONG
Enclosed herewith is a statement by the City of Lubbock, Texas concerning its
obligations styled "City of Lubbock, Texas, Tax and Airport Surplus Revenue Certificate
of Obligation, Series 199311 submitted in compliance with the requirements of Section
149 (e) of the Internal Revenue Code of 1986, as amended. Also enclosed is a xeroxed
copy of such statement together with a return envelope.
We request that the original statement be filed, and the xeroxed copy be date
stamped as acknowledgement of filing and returned to us in the envelope. provided.
MSW/bsr
Enclosures
Very truly yours,
~--1WM~
Mark S. Westergard
-l66t aunr ·ooBE WJO::l Sd ----
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