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HomeMy WebLinkAbout1982 _i PERTAIN'NG ?O CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982 $1,500,000 LAW OFFICES MCCALL, PARKHURST & HORTON 1100 MLKCA :TILL LANK LUILDINO DALLAS. TEXAS 75201 • h r II _ it I r I I r I ~ J ✓4 h v~v.wuo.~arniwn~s, r UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON I CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BOND SERIES 1982 ! ON JULY 15, 1983, THE CITY OF DENTON, In Denton County, Texas, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS l and to pay Interest thereon, from date hereof, at the rate of 1 ^ I ,I THIRTEEN PERCENT (IJ D0%) Per annum, evidenced by Interest coupons payable JULY, 15, 1982, and semiannually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the Interest coupons appertaining hereto shall be payable to bearer, In lawful money of the United States of Amerlca,'wlthout exohanQo_or.collection charges to the bearer, upon presentation and surrender o1 this bond ur proper Interact coupon, at the followlni which shall constitute and be j defined as the "Paylog Agent" for this Series of Bonds: 014ANK, N1:A„ NEW YOLK: N'IW.Y" K, { : III ii,l OR. AT,THF? pPTi6~ OF"~'fa , a9~F.AHE,MT ~FtFgT k TIGN ti f Ilr iJ~,~ i~tA9i TfX ,LL ' f THIS Bp ND"ti OM 'He as e' a$of. A 1g, f98 th !s a 4Filverj the principal p F T E C Y SfEYYF~i TEM. amount of St,$~Or~ Fog pPes$~ I M VI W N N I s r . Qf4 JUL 5, 1 ! r or on any rj e at paymap here ft r, a Stan i g b fide of 1 Set m y b NlleY(h or to their acheduted titles; s( the Pilo of a CH In hot or i pd for + pr 1 I am Uhl thief f d accrued rest th 0"tho d e for ) de y{id Aggq"rf ast tiff da grio b, the at lip ¢ " i any Inte foR such redemption gel it hyihal eau a a writ no Cer i ay f1 ad 01 n t p d )MA In a financial publication Ou wit (n 111 E!f"o Ne k, a Y9~ ihp,, d e t ktd or fly. uc NBem➢tlpll',due provision shall be made )Atlh 1h! "."p p ge C, a syr.Ant of the p'r c ' eAto . oft ky hicft are to be so redeemed and scclt8~! in fy}, ra0ff to Ihe~tl ~iXed for; rdampt(on If h Erfurt {Kof redemptlon is published and If du7L ,t[ovfaiorl f9r }uCh 4eymen r s made,' if provided i}6ove, the d} which are to be so redeemed thereby 6`'r Olnpticaily, 4t>31l bS "Ycd"omo~•~fip t0 !ha f go 160 maturitfAS acid They shall not beer , f. , r. interest after the dote ilxed loi,rs¢en,pyor~, area shgl" shad r,u: bs E.}la~ue..wd. or I7C ti,7 ~tiJ~,Andi-,g cxccp, t~ right of She bearer lo~rtsL i the r6~empU_on prtoe iron e ryi~ Ag9~}l out _.I 40ds provided for such payment. s IT IS HEREBY certified and oovlnanted tFteI this pOrd.has been'wrty'and validly authorized, issued, and delivered; that all sets, conditions, and things required or proper to be performed, exist, and be dune precedent to or In the authorl!ation, Issuance, and delivery of this bond have been performed, existed, and been done In accordance with law; that this bond is a special ubliyatkn; and that tha principal of and Interest on this bond, n end pledge of, the together with other revenue bonds of said City, are payable from, and secured by a first lien on, Net Revenues of said City's Waterworks and Sewer System, SAID CITY has reserved the right, subject to the restrictions stated, and adopted by reference, In the Ordinance authorizing this Series of bonds, io issue additional parity revenue bonds which also may I Datable from, and secured by a lint ilen on and pledge ol, the aforesaid Net Revenues. THE HOLDER HEREOF shall never have the right to demand payment of this obiigativo out of any foods reload or to be raised by taxation. IN WITNESS WHEREOF, this bond and the Interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with Via fx;: mtla tagnaturo of L*,: City S!cralsry of said City, and the official $eal of said City has been duly impressed, or plc-:ed In facsimile, on thla bond, uxruuru,,, E 0 F D( 40"o ~y A_tl 61dd,t1,072;r ff1 City 6 8 r ♦ - - 4 - Mayor en &-n I I CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 19@2 $1,500,000 I TRANSCRIPT OF PROCEEDINGS WITH DELIVERY PAPERS i NOTICE OF SALE AND BIDDING INSTRUCTIONS ON $1,500,000 CITY OF DENTON, TEXAS (Denton County) WATER AND SEWER SYSTEM REVENUE BONGS, SERIES 1982 Selling Tuesday, April 6, 1982, at 7:00 PM, CST THE SALE Bonds Offered for Sale at Com etitlve 6lddln The City of Denton, Texas (the "City'), is o er ngg or sale is ater an Sewer System Revenue Bonds, Series 1982 (the "Bonds"1. Address of Bids . Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Mayor an ty ounc 1, City of Denton, Texas", and delivered to the Director of Finance, City Council Chamber, City Hall, 215 E. McKinney Strept,Port-, Texas, nrior to 7:00 PM, CST, on the date of the bid opening. All bids must be submitted on the Official Bid Form, without alteration or interllneaticn. Plece and T1me of Bid 0 enin the City Council will open and publicly read the bids for the purchase o t e on s at the City Council Chamber, City Hall, 215 E. McKinney Street, Denton, Texas, at 7:00 PM, CST, Tuesday, April 6, 1982. Award of the Bonds The City Council will take action to award the Bonds (or reject all bids) promptly after the opening of bids, and adopt an Ordinance authorizing the Bonds (the "Ordi- nance") and approving the Official Statement. THE BONDS Descr_ lpttan The BoMS will be dated May 15, 1982, and Interest coupons will be due on July and each January 15 and July 15 thereafter until the earlier of maturity or prior redemption. The Bonds and interest coupons attached thereto will be payable at Citibank, N.A., New York, New York, or, at the option of the holder, at First National Bank in Dallas, Dallas, Texas. The Bonds will mature serially on •1!1y 19 in each year as follows: Principal principal Principal Year Amount Year Amount Year Amount M $ 60,000 TM 3-75 Ob6 Coo 1984 100,DO0 1989 75,000 1995 1515 50,DDO 1985 -0- 1990 75,000 1996 150,000 1986 -0- 1991 90,000 1997 150,000 1987 75,000 1992 100,000 1998 150,000 1993 100,000 The City reserves the right, at its option, to redeem Bunds maturing July 15, 1993, through July 15, 1995, both inclusive, in whole ~r any part thereof, on July 15, 1992, or any interest payment date thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. Source of Payment . The Bonds are special obligations, payable solely from and secured by a rs en on an pledge of the revenues of City's Water and Sewer System, after deduction of reasonable expenses of operation and maintenance. CONDITIONS OF THE SALE T pc of Bid, and Interest Rates The Bunds will be sold in one block on an "All or None" basis, and at, pr ce o no ess 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, p-ovided that each rate bid must be in a multiple of 1/8 of 1% or 1120 of 1% and no coupon rate may exceed 13%. The highest coupon rate bid may not exceed the lowest coupon rate Vday more an , n coupon rate. No limitation is imposed upon bidders as to the number of rates or coupon changes which may be used. All Bond; of one maturity must bear one and the same rate. No bids involving supplemental coupons will be considered. Each bidder shall state in his bid the total interest cost In dollars and the net effective interest rate determined thereby, 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 Bcndi the intcrest cent of cash P-- w-i 1 be cnnputed by determining, at the rate or rates specified therein, the total dollar cost of all Interest un the Bonds from the date thereof to their respective maturities, wing the table of Bond Years herein, and deducting therefrom the premium bid, if any. Subject to the City's right to reject any or all bids and to waive any irreplarities except time of filing, the Bonds will be awarded to the bidder (the "Purchaser" whose bid based on the above computation produces the lowest net effective interest cost to the City. Good °aith De osit A Gocd Faith Deposit, payable to the "City of Denton, Texas", in the amount D 0, is required. Such Good Faith Deposit shall be in the form of a Cashier's Check, or its equivalent, which is to be retained u cashed by the City pending the Purchaser's compliance with the terms of his bid and the Notice xf 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 applied on the purchase price on the date of delivery of the Bonds. No incerest 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 his bid, then said check shall be cashed and accepted by the City as full and complete liquidated damages. The checks accompanying bids other than the winning bid will be returned immediately after the bids are opened, and an award of the Bonds has been made. DELIVERY OF THE BONDS AND ACCORPANYING DOCUMENTS Printed Bonds . The City ill furnish printed Bonds which will be executed by the facsimile sfgnatu the Mayor and Secretary of the City, and by the manual signature of the Comptroll- er of Public Accounts of the State of Texas. The Bonds will be In coupon form witho,t privilege of registration as to principal or interest. { CUSIP Numbers . It is anticipated that CUSIP identification numbers will be printed on the S0_3rt s ,hut n!ither the failure to print 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 the terms of the Official Bid Form. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assi,nment of the numbers shall he the responsibility of and shall by paid for by the Purchaser. Delivery The Bonds will be tendered for delivery to the Purchaser at any bank In Austin, exT as, at the expense of the City. 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 delivery can be made on or about May 18, 1982, and it is understood and agreed that the Purchaser will accept delivery and make payment for the Bonds by 10:00 AM, COT, on May IB, 1982, or thereafter on the date the Bonds are tendered for delivery, up to and Including June 1, 1982. If for any reason the City is unable to make delivery on or before June 1, 1982, then the City shall immediately contact the Purchaser and offer to allow the Purchaser to extend his offer for an additional thirty days, if the Purchaser does not elect to extend his offer within six days thereafter, then his 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 tc deliver the Bonds, provided such failure is due to circumstances beyond the City's reasonable control. Conditions to Deliver, The obligation of the Purchaser to take up and pay for the Bonds is su ect to t e urc~Tiaser's receipt of (a) the legal opinion of Messrs. McCall, Parkhurst 6 o ton, Dallas, Texas, Cord Counsel for the City ("Bond Counsel"), (b) the no•11tigation certificate, and (c) the certification as to the Official Statement, all as further described in the Official Statement Legal 0 inioni The Bonds are offered when, as and if issued, subject to the unqualified ego opinion of the Attorney General of the State of Texas, and Messrs. McCall, Parkhurst 6 Horton (see Legal Opinions in Official Statement); the opinion of said firm will be printed on the Bonds. ,i ~ I~ Certification of Official Statement At the time of payment for and delivery of the Bonds, the City will execute and deliver to the Fur0aser a certificate in the form set forth in the Official Statement. Chan a in Tax Exe_mF Status At any time before the Bonds are tendered for dell~ery, the Purc ase may wi drtaw his Sid If the interest received by private holders from bonds of the sane 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 rederal income taxes, by the terms of any Federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding Instructions. SENERAL Financial Advisor's Right to Bid First Southwest Company, the City's Financial Advisor, reserves the right to 16 Q on the Bonds. Blue Sky Laws By submisslon of his bid, the Purchaser represents that the sale of the Bonds n staff tes 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. Not an Offer to Sell . This Notice of Sale does not alone constitute an offer to sell the on s~,~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 Bonds After the issuance of the Bonds, the City will have $1,500,000 Water an ewer ystem evenue Bonds. The City anticipates the sale of these Bonds in the Spring of 1993. Ratings The outstanding Water and Sewer System Revenue Bonds of the City are rated "A" by 0o y's Investors Service, Inc. and "A" by Standard 6 Poor's Corporation. Applications for contract ratings on this issue have been male to both Moody's and Standard R Poor's. The results of their determinations will be provided as soon as possible. Munictal Bond Insurance In the event these Bones are qualified for municipal bond insur- ance aN t e 5rrZhaser desires to purchase such Insurance, the cost therefor will be paid by the Purchaser. The Official Statement „ The City will furnish to the Purchaser, without cost, 50 co les of the Official State ment (and 50 copies of any addenda, supplement or amendment thereto?, com- plete except as to interest rates and other terms relating to the reoffering of the Bonds, The Purchaser may arrange at his own expense to have the Official Statement reproduced and printed if he requires more than 5C copies, and may also arrange, at his total expense and responsibll- ity, for completion and perfection of the first or cover page of the Official Statement so as to reflect interest rates and other terms And information related to the reoffering of the Bonds. The City assumes no responsibility or obllgation for the distribution or delivery of any of these copies to any one other than the Purchaser. Additional Co ies of Notice Bid Form and Statement A limited number of additional copies o t s o ce or S a e an ng Instructions, the Oificial 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, 800 Mercantile Pallas Building, Dallas, Texas 75201, Financial Advisor to the City. The City reserves the right to reject any and all bids and to waive irregularities, except time of filing. On the cite of the sale, the City Councll will, in th,e ordinance authorizing the issuance of the Bonds, approve 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, DICK STEWART ATTEST: Mayor CHARLOTTE ALLEN City Secretary March 15, 1982 • iii - -a BOND YEARS Accumulated Year Amount Bond Years Bond Years Year 1983 S 60,000 70.000 70.000 1983 1984 100,000 216.666 286,666 1984 1985 0 0.000 286.666 1985 1986 NO 0.000 286.666 1986 1987 15,000 387.500 674.166 1987 1988 75,000 462.500 1,136.666 1989 1989 75,000 537.500 1,674.165 1989 1990 75,000 612.500 2,286.666 1990 1991 90,000 825.000 3,111.666 1991 1992 100,000 1,016.666 4,128.332 1992 1993 100,000 1,116.666 5,244,998 1993 1994 150,000 1,825,000 7,069.998 1994 1995 250,000 1,9 5.000 9,044.998 1995 1996 150,000 2,125.000 11,169.996 1996 1997 150,000 2,275.000 13,444,998 1997 1998 150,000 2,425.000 15,869.998 1998 Average Maturity 10.580 Years Iv . OFFICIAL BID FORM Honorable Mayor and City Council April 6, 1982 City of Denton Denton, Texas Gentlemen: Reference is made to your Official Statement and t:ocice of Sale and Bidding Instructions, dated March 15, 1982, of $1,500,000 CITY OF DEN70N, TEXAS WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982, 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: Interest Interest Interest MaturitL Rate Maturity Rate Maturity Rate r-sb-irBG i " 7-15.1994 % JUV 7-15-1984 % 7.15-1989 % 1.15.1995 7-15-1985 % 7-15-1990 7-15-1996 7-15-198F % 7.15-1991 % 7.15.1997 % 7-15-1987 % 7-15-1992 % 7-15-1998 % 4 7-15.199) % 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 f EFFECTIVE INTEREST RATE Check of the Bank, , the amount oiT33 OO.00, which represents our Good iTTtF eposit (is attac- c ed-Feretc or (has been made available to you prior to the opening of this bid) -,nd 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 and make payment for the Bonds at Bank, Austin, Texas, not later than 10:00 AM, CDT, on May 18, 1982, or t eT reairti oT&te the Bonds are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding Instructions. Respectfully submitted, By _ - u~Tit ort e~Aepresen~tlve ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City )f Denton, Texas, this the 6th day of April, 1982. "Hay`or Y ATTEST- -t ty ecre ary ■ P.-turn of Good Faith Deposit tx hereby acknowledged: By - OFFICIAL BID FORM Honorable Mayor and City Council April 6, 1982 City of Denton Denton, Texas Gentlemen; Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated March 15, 1982, of SI,SO0.000 CITY OF OENTON, TEXAS WATER AND SEWER SYSTEM REVENUE BORDS, SERIES 1982, both of which constitute a part hereof. For your legally issued Bonds, as described in said Notice o' 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 S for Bonds maturing and bearing interest as follows: - ' Interest Interest Interest Maturity_ Rate Maturity Rate Maturity Rate 7-15-1983 % 7.15.1968 % 7-15-1994 X 7.15.1984 % 7-15.1989 X 7-15-1995 % 1•15-1985 X 7-15.1990 % 7-15.1996 % 7-15-19ub x 7-15.1991 % 7-15-1997 % 7-15.1987 % 7.15-1992 % 7-15-1998 % 7.15-1993 % 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 INTEREST COST S EFFECTIVE INTEREST RATE Check of the Bank, , Tn the'amou`-n~oP-33T,J00.00, which represents our oo -FaTthT-6posit (is etiaclied7ereto or (has been made available to you prior to the open ng 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 and make payment for tho eo^ds at Bank, Austin, Texas, not later than 10:00 AM, CDT, on May 18, 1982, or Chereafter on the ate the Bands are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding instructions. Respectfully submitted, By _ `Au tf-iarT:e~sentae~ve^-- ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of Denton. Texas, this the 6th day of April, 1982. Mayor y ATTEST: ty cretary ' Return of Good Filth Deposit 1s hereby acknowledged: By _ I CITY OF DENTON, TEXAS (Denton 0onnty, Toaas) $1,500,000 WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982 Selling Tuesday, April 6, 1982, at 7:00 PM, CST This Official Statement does not constitute an offer to sell Bonds in any jurisdiction to any person to whom it is unlawful to make such offer in such jurisdiction. 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, 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, create any implication that there has been no change in the affairs of the City since the date hereof. OFFICIAL STATEMENT Dated March 15, 1982 INTEREST EXEMPT, IN THE OPINION OF BOND COUNSEL, FROM PRESENT FEDERAL INCOME TAXES UNDER EXISTING STATUTES, REGULATIONS AND COURT DECISIONS $1,500,000 CITY OF DENTON, TEXAS (Denton County) WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982 Dated: May 15, 1982 Denomination: $5,000 Principal and semi-annual interest (8anuary 15 and July 15) payable at Citibank, N.A., New York, New York, or, at the option of the holder, at first National Bank in Dallas. Dallas, Texas. First interest coupon due July 15, 1982. Coupon bearer bonds, not registrable. These bonds (the "Bonds") authorised at an election held May 16, 197?, will constitute special obligations of the City, payable both as to principal and interest solely from and secured by a first lien on and pledge of the revenues of the Plater and Sewer System, after deduction of reasonable expenses of operation and mrinlerance, as provided by the General Laws of the State of Texas, particularly Articles 1111 et seq., Revised Civil Statutes of Texas, 1925, as amended. MATURITY SCHEDULE Amount Maturity Rate Yield Amount Maturit Rate Yield 3-GFW 73 100,000 7-15-1984 100,000 7-15-1992 -0- 7-15-1985 100,000 7-15-1993* -0- 7-15-1986 150,000 7-15-1994* 75,000 7-15-1987 150,000 7-15-1995* 75,000 7-15-1988 150,000 7-15-1996* 75,000 7-15-1989 150,000 7-15-1997* 75,000 7-15-1990 150,000 7-15-1998* * The City reserves the right, at its option, to redeem Bond, maturing July 15, 1993, through July 15, 1998, both inclusive, in whole or any part thereof, on July 15, 1992, or any interest payment date thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. Payment Record: The City has never defaulted.- Le alit Attorne General of the State of Texas and Messrs. c a ar urst cr on ttorne s a as eras. p n on Printed an the 15onds; ee ego p n ons. Delivery: Anticipated on or about May 18 1982. TABLE OF CONTENTS Pale _ Official Statement: Description of the Bonds I Elected Officials 3 Appointed Officials 3 Consultants and Advisors 3 Introductory Statement 4 Security for Payment 5 Water and Sewer System Condensed Statement of Operations 5 Authorized Revenue Bonds 5 Anticipated Issuance of Voted Revenue Bonds 5 Deut Service Requirements - Water and Sewer System Revenue Bonds 6 Value of the Water and Sewer System 7 City's Equity in System 7 Water and Sewer System 7/B Monthly Water Rates 8 Monthly Sewer Rates 9 Proceeds Summary of Certain Provisions of the Bond Ordinance 10/14 Electric System 14/20 Valuation and Debt Information 21 Non-Funded Debt 21 Valuation and Funded Debt History 22 Taxable Assessed Valuations by Category 22 Estimated Overlapping Funded Debt Payable from Ad Valorem Taxes 22 Tax Rate Limitation 22 Tax Data 23 Municipal Sales Tax 23 Tax Rates of Overlapping Subdivisions 23 Top Ten Taxpayers 24 Authorized But Unissued General Obligation Bonds 24 General Information Regarding City and Its Economy 04128 Ratings 29 Tax Exemption 29 Registration and Qualification of Bonds for Sale 29 Legal Investments in Texas 29 Legal Opinions and No-Litigati" Certificate 29 Authenticity of Financial Information 30 Financial Advisor 30 Certification of the Official Statement 30 City of Denton, Texas Selected Firancial Statements, September 30, 1981 Available Upon Request The cover page hereof, this page, the Financial Statements and any addenda, supplement or amendment hereto, are part of the Official Statement. 2. ELECTED OFFICIALS City Council Expires~ c tewart April, '70 Mayor Ray Stephens April, 1983 Mayor Pro-Tern Joe G. Alford Aprrl, 1983 Councilmember Mark R. Chew April, 1983 l Councilmember Dwiy;it Galley April, 1982 Councilmember Jim Riddlesperger April, 1983 Councilmember Richard Taliaferro April, 1982 Councilmember APPOINTED OFFICIALS Name Position ris Hartung City Manager Ric'< S-'ehla Assistant City Manager Betty McKean Assisttrt City Manager K. H. Mchary Director of Finance R. E. Nelson Director of Utilities Charlotte Allen City Secretary C. J. Taylor, Jr, City Attorney CONSULTANTS AND ADVISORS McCall, Parkhurst 6 Horton Bond Counsel Dallas, Texas Alevader Grant b Company Auditors Dallas, Texas First Southwest Caapunr Dallas, Texas Financial Advisor 3- INTRODUCTORY STATEMENT , This Official Statement of the City of Denton, Texas, a political subdivision located in Denton County (the "City"), is provided to furnish information in connection with the sale of the City's $1,500,000 Water and Sewer System Revenue Bonds, Series 1982 (the "Bonds"). The Official State,aent wa> prepared to present for the purchaser of the Donds information concerning the Bonds, the revenues pledged to the Bonds, the description of the revenue base, factors that may affect pledged revenues, and other pertinent data, all as more fully described herein. See "Table of Contents". Source of Payment The Bonds are and shall be payable as to principal and interest solely ron the net revenues derived from the operation of the City's Water and Sewer System, includ- ing all additions, extensions and improvements thereto which may hereafter be made, after deduction of the reasonable expenses of maintenance and operation of the System. See "Security for Payment". Purpose Proceeds of the $1,500,000 Water and Sewer System Revenue Bonds will be used along with Environmental Protection Agency Grant Funds, to construct approximately twenty one miles of interceptor sewer lines and associated pump stations, to construct advanced secondary treatment effluent filters for the Wastewater Treatment Plant, and miscellaneous improvements to the distribution, interceptor and collection systems within the City. Future Bond Issues The City anticipates the issuance of additional Water and Sewer System Revenue Bons in the Spring of 1983. Administration of the CIt The City operates under a Home Rule Charter which was approved y~Ehe Jitorate ebruary 24, 1959. The Charter provides for the Council -Manager form of government for the City. PoI I cy-making and supervisory functions are the responsibility of and vested in the Mayor and City Council. .4- I SECURITY FOR PAYMENT These Bonds will constitute special obligations of the City, earh payable as to bath principal and interest and equally secured by a first lien on and pledge oY the revenues of the Water and Sewer System (the "System"), after deduction of reasonable expenses of operation and main- tenance, as provided by the General Laws of the State of Texas, particularly Articles 1111 et seq., V.A.T.C.S. WATER AND SEWER SYSTEM CONDENSED STATEMENT OF OPERATIONS Fiscal Year Ended 9-30-81 9-30-80 9-30-79 9-30-78 9-30-77 ncome Tb €82 M 34.577;754 V-1 IN dt; U79TIM TF,377,7A3 Expense 3,058,928 2,849,852 2,163,339 1,978,870 1,703,904 Net Available for Debt Service $1,623,840 51,657,887 32,020.707 $1,572,508 S 8688881 Water Customers 13,506 13,292 13,094 12,787 12,327 Sewer Customers 13,020 12,883 12,634 12,268 11,837 Average Annual Principal and Interest Requirements, 1983-2000 S 866,915 Coverage of Average Requirements by 9-30-81 Net Income 1.87 Times Maximum Principal, Interest and Reserve Requirements, 1985 S 1,242,165 Coverage of Paxfmum Requirements by 9-30-61 Net Income 1.31 Times Water and Sewer System Revenue Bonds to he Outstanding after Issuance of These $1,500,000 Bonds 510,415,000 Interest and Sinking Fund, 2.1-82 S 626,367 Reserve Fund, 2-1-82 S 658,258 AUTHORIZED REVENUE BONDS Amount Amount Date Amount Heretofore Being Unissued Purpose Authorized Authorized Issued Issued Balance Water - -T6--F- TT,275;Md 3CT7F.M 3--8 T-M.W Sewer 5-16-72 5 725 000 3 525 000 1 500 000 700 000 31 ~D`, 6aQ 38 ~b`6~b 31:' 540 NT 3r 5a~ aaa ANTICIPATED ISSUANCE OF VOTEO REVENUE BONDS The City expects to issue the balance of the authorized Water and Sewer System Revenue 9onds In the Spring of 1983. ' -5- I 9 N Yw FwYYY'+f+f+ V Wh+ t- YNHNAUD K.~. cc-4 to on f eu to dto to to to Is ~~°JVm r~ o~ i a o to ¢ v o~ on a W NY on R N NNWWWto WAAAPCh olCA VC, on on V N N to to no' ✓ pt Oi N V O~ tT O V N N U Nlr V1NNiHNIH LTN V~OtH000tH0 S $g8$$$$o~$88588888+d o y~i N ~ ~ J d O pp IJ NNW W W PA NJ 3 t0 YNAIn V to W QCO won Ca NCn ~p N J. N a 11 W O✓OtO DJ VlH 1i V WOV WOO Yv 1 - J W pp~ Won, 8 N U 1 U 1 ti' V 1 pm~ V CO N~ p N w o to A+ N N tT W V tT In V NO on OtTNa A W N tT N W WO~ANN W (➢CDW ADJ D~PAV V1W N DD J j 6 (y bl N N 4+ w + y{.~1 pP mm ~~pp +p • N T WAO~W ON1+ tHNlHANIH Cn M O~IHPWNON V NmW ONW~Opp O. ITV d Ip O on Ip O~ WWon,8 VNOV OO~lOn 1OpA WNO~+ J m O]tTAN N 19 O I W tc C. tH OVA Vli1 tD~ n d N M d O otUnHt'i't'nn t~ii00 VVVV 00~ ~j E O 00000000tH tH tJ1 tH 00 ~ y C S SSSSSSSSSOSSOOOS d mm ~ O 0 0 0 0 0 0 0 0 0 0 0 0~~ 0 0 O N N J H Mm 10 H1 '1 O N F• V Y-' Y Y-+ Y F+ F+ 1-+ F+ d ~ ~-+W (TVtO ~+NW AV+ITV V VM~O 19 A ~ W b b m O V O W tH P A P A A A V tr+ N W -°w °o og'o~ooo°OSSo°oa°oQSSSo ~*n m A m W O w iO • A 'n rF'NNT'J N~]NNNNI•i l-~rNN ni tT OEM ONA~-'1'iNYNWAVV WIH A 3 W ~Obp OO VOWlH t0 t0 t0 t0PPV188n+ d n1 4 O O O O Q O O O O P ~ O S S S S O ~ c C ~ z v+ Ary d o N 1> R, to C IC•1 c Or+I-~N NN{Nt.~~N+ rypit J n 6 O N"onomm0lppy~ c,C, J ~W+ NOPi 1Wi1WNOt9 Wp0p11~ OWtONppVWiO AN j~~VO P WVD. l11ONVON OtVH tVl1~OtOAW NP NNJ~ C tb IPT PNNOOmN WAIb tTTAVMmY1 NN N A d >0 N y1 ~ N ~ W N F+1/ F1~ ~N~pp pt Y V V V V ~ y V N 0 0 0 0 ~ r+ N I1 I m ti A MI PO cn, ~pp~ yY i w~ ID C CnLn O III{.~Q!N+~O~I~QW/j1IWNO WpOOtVHWON PP!'oepp , ~ NV 0 tNH Iw OtPNNNOD O)tJA0D O~00i O~V V1 Di V1+ 3d O m PS Q6 INnx on 0, 1 VALUE OF THE WATER AND SEWER SYSTEM r Fiscal Year Ended 9-30-81 9-30-80 9-30-79 9-30-78 9-30-77 Lan an Lan ghts I-39T.2I0 T__ 1._M 3__J74_1M ;--3= T-7= Utility Plant at Cost 22 750 060 22,138,699 20 973 842 19 542 928 19,290 738 Gross System Value 373 idT 270 PT.MT-09 S2I,347.885 319:916,435 I19,5I4,634 Less Accumulated Depreciation 10 707 054 10 083,295 9,473 600 8 891 802 8,334 568 Net System Value IT2;bTd,'I_E 3F2 d46 61~ 3TT BTb f3 371 x`€53 j_1TT'ib~ CITY'S EQUITY IN SYSTEM Fiscal Year Ended 9-30-81 9-30-80 9-30-79 9.30.78 9-30-77 esouesourceess - ULiTT-ty Plant (Net) $12,434,216 $12,446,614 $11,874,285 $11,024,653 $11,180,066 Construction in Progress 9 419 881 1,546 497 381 739 689 450 496 293 Total Utility Plant $21.'854'097 S13,993'111 3I7 '116!024 $11.714.103 111359 Construction Fund T 1,-333;523 989 T~d27;335 j'- Sn-, II 3~72z9 Less: Contracts Payable 4 20.371 8 839,025 94.498 4 8 8 8,141 41058 3368,437 98 1, 503 11579 Other Assets 1 36`5 589 -`10b Ib3 16 -T 353'3Tb .015o663 Total Resources I2KI8,-7TI IT7,7dT;aIT IT S X93$ I15.5ti' m jI3e9z5dU Obligations Revenue Bonds $ 8,975,000 S 9,475,000 S 9,865,000 S 6,230.000 S 6,585,000 Accrued Interest 98 851 104 411 108 423 63 626 67 878 Gross Debt 39,073;851 ",3t9;4IT 1,473;433 S 6,293:826 1 652;878 Deficit Position - Pooled Cash 1,177,374 772,147 129,275 627,108 727,021 Other Obligations 7416 550 226 559 357 981 32u620 Total Obligations TTt7L City's Equity in System S13,102,805 $ 6,845,518 S 6,228,681 S 6,292,514 S 5,540,061 Percentage Equity in System 54.46% 38.57% 37.62% 46.37% 41.68% WATER AND SEWER SYSTEM Water ~_SuppI Present municipal supply is obtained primarily from surface sources, but un erg-sources are available. The City has previously acquired conservation storage rights in nearby Lewisville Reservoir which was constructed by the U. 5, Corps of Engineers. This reservoir contains a total of 436,000 acre feet of conservation storage. The City of Denton holds rights to 21,000 acre feet of the storage, with the balance being held by the City of Dallas. In recent water rights adjudication proceedings by the State of Texas, the City of Denton has been awarded 4.5 million gallons per day water rights from Lewisville Reservoir with the ri^ht to "perfec Y an additional 5.3 million gallons per day. The City presently uses apprdxmately 9 million gallons per day, and purchases from the City of Dallas all amounts over 4.5 million gallons. Tne City is presently re-negotiating the water contract with the City of Dallas. The City's Water Treatment plant is designed to treat an average of 16 million gallons per day with a peak capacity of 24 million gallons per day. Although surface water provides the major part of total requirements, the City has underground sources consisting of seven deep wells drilled into the Trinity Sand G^oup, comprising the Paluxy and Travis Peak sands. The average daily production capability from the wells is 2.5 million gallons per day. Future Water Supply In 1980, the City of Denton and the City of Dallas contracted with the r 0 ng neers for the construction and development of Ray Roberts Reservoir in Denton County, located immediately above the present Lewisville Reservoir on the Elm Fork of the Trinity River ten miles northeast of Denton. In the contracts with the Corps of Engineers, Lhe City of Denton will pay for 26% of the construction cost, and the City of Dallas will pay for 74%. Water obtained from the reservoir will be pro-rated on the basis of each city's propor- tional share of total construction cost. Estimated safe yield of the Ray Roberts Reservoir has been calculated at 73 million gallons per day, of which Denton would be en tilted to receive up r to 19 million gallons per day. This amount, plus a safe yield of 4.5 million gallons per day 7- obtained from the present water rights in Lewisville Reservoir, will be sufficient to meet the City's estimated water needs through the year 2005. The City of Denton is presently conducting a long rargi water supply study to determine water requirements and alternatives after 2000. Water Usage Average Maximum Averaage Maximum Year Da Da Year TM 7 TP7 D7 92T,OOU , OT4 119000 1973 6,636,907 12,175,000 1978 8,394,000 16,466,000 1974 6,822,000 12,620,070 1979 7,920,820 14,560,000 1975 7,216,282 13,350,D00 1980 9,477,386 18,867,200 1976 7,264,000 14,080,000 1981 7,117,852 15,403,000 Wastewater Treatment The City owns and operates an activated sludge type wastewater treat- ment ac ty. he first element of the plant (with a capacity of 2 MGD) was placed in operation in 1964. A 4 MGD addition was completed and put into operation during 1971. A 6 MGD addition to the plant is presently being completed with operation planned to begin in the Spring of 1982. The City will be taking bids for advanced secondary treatment effluent filters for the plant in early 1982. The effluent filters are required to meet future water quality effiuent criteria. The estimated cost of the filters is S1.2 million. In late 1981 the effluent filters were declared eligible for Environmental Protection Agency grant funds which presently are expected to fund approximately 60% of the project. MONTHLY WATER RATES Old Rates (Effective May I8, 1981) Residential Users Billing Months June - September Billing Months October - May Facility Charge $3.00 plus Facility Charge $3.00 plus 0 - 20,000 gallons 1.00/M gallons Volume Charge 1.00/M gallons Above 20,000 gallons 1.15/M gallons Commercial/Industrial Users Customer Facility Charge $6.50 plus Volume Charge U.94/14 gallons New Rates (Effect vie May T, 1982) Residential Users Billing Months June - September Billing Months Dctober - May Facility Charge $3.25 plus Facility Charge $3.25 plus 0 - 20,000 gallons 1.101A gallons Volume Charge 1.10/M gallons Above 20,000 gallons 1.301M gallons Minimum Charge - $5.00 Commercial/Industrial Users Customer Facility Charge $7.25 plus Volume Charge 1.05/M gallons Minimum Charge - 58.00 -8- MONTHLY SEWER RATES Old Rates (Effective Apri 6, 1981) Residential Commercial/Industrial (Based on 98% of second highest usage of (Based on 80% of water consumption) Decemuer - February but not to exceed 25,000 gallons) Facility Charge S2.50 plus Facility Charge $5.50 plus Volume Charge 0.74/M gallons Volume Charge 0.811M gallons New Rates (Effect vl Ray T, 1982) Residential Cormercial/Industrial (Based on 98% of second highest usage of (Based on 80% of water consumption) December - February but not to exceed 25,000 gallons) Facility Charge $3.00 plus Facility Charge $6.50 plus Volume Charge 0.65/M gallons Volume Charge 0.95/M gallons Note: All service outside City Limits at 115% of above rates. PROCEEDS Proceeds of the $1,500,000 Water and Sewer System Revenue Bonds will be used, along with Environmental Protection Agency Grant Funds, to construct approximately twenty one miles of interceptor sewer lines and associated pump stations, to construct advanced secondary treatment effluent filters for the Wastewater Treatment Plant, and miscellaneous improvements to the distribution, interceptor and collection systems within the City. I v -9- AiMMARY OF CERTAIN PROVISIONS OF THE BOND ORDINANCE The City Council will adopt a Bond Ordinance (the "Ordinance") authorizing the Bonds, which will be in substantially the same form as the Ordinances authorizing the outstanding bonds, pertinent provisions of which are shcwn below: DEFINITIONS The term "System", as used in this Ordinance, shall mean the City's complete Water and Sewer System, including all present and future extensions, enlargements, additions, replacements and Improvements thereto. The term "Net Revenues", as used in this Ordinance, shall mean the gross revenues of the System, less the expense of operation and maintenance, including all salaries, labor, materials, repairs and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly ex- ercised, as are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds and any Additional Bonds permitted to be issued, shall be deducted in determing "Net Revenues". The term "Bonds" shall Mcd v iectively the $1,500,DUO Series 1982 Bonds authorized by this Ordinance and all rresently outstanding Water and Sewer System Revenue Bonds (the "Outstanding v, Bonds"). The term "Additional Bonds" means the additional bonds which the City reserves the right to issue. PLEDGE All of the Net Revenues of the System, with the exception of those in excess of the amounts required to establish and maintain the funds as hereinafter provided, are hereby irrevocably pledged for the payment of the Bonds, and of the Additional Bonds if issued under the conditions and in the manner specified in this Ordinance, and the interest thereon, and it is hereby ordained that the Bonds and any Additive al Bands, if so issued, and the interest thereon, shall constitute a first lien upon said net revenues. RATES The City covenants and agrees with the holders of the Bonds and the Additional Bonds if and when issued: (a) That it will at all times charge and collect for services rendered by the System rates sufficient to pay all operating and maintenance expense, and other costs deductible in determining "Net Revenues" as ~,erein defined and to produce each fiscal year net revenues in an amount not less than one and thirty-hundredths (1,30) times the amounts required to pay the principal of and interest on the Bonds, and the Reserve Fund payments, as they become due; (b) If Additional Bonds are issued, the City shall to the extent required fix and maintain additional rates and collect charges for the services of the System which will produce each fiscal year "Net Revenues" in an amount not less than one and thirty-hundredths (1.30) times the amounts required to pay the principal of and interest on the Bonds and the Additional Bonds, and the Reserve Fund payments, as they become due; (c) If the System should become legally liable for any other indebtedness, the City shall fix and maintain additional rates and collect charges for the services of the System sufficient 0 provide for the payment thereof. FUNDS All revenues derived from the operation of the System shall be kept separate from other funds of the City. To that end, the following special funds are hereby created. (a) City of Denton Water and Sewer System Revenue Fund, hereinafter called "Revenue Fund", which shall be kept in the City's depositary bank; 10 - (b) City of Denton Plater and Sewer System Revenue Bond Interest and Sinking Fund, here- inrCter called "Interest and Sinking Fund", which shall be kept in the City's deposi- tory bank; (c) City of Denton Water and Sewer System Revenue Bond Reserve Fund, hereinafter called "Reserve Fund", which shall be kept in the City's depository bank. REVENUE FUND All revenues of every nature received from the sale of water or through the operation of the System shill be deposited from day to day as collected into the Revenue Fund, and the reasonable and proper expenses of operating and maintaining the System. Including salaries, labor and materials shall be paid therefrom upon approval of the City Council. Revenues of the System not actually required to pay expenses and costs incurred as permited by this Section shall be deposited in the other Funds created by this Ordinance, each of which shall have priority thereto in the order in which they are treated in the following sections. INTEREST AND SINKING FUND That, to addition to all other amounts required by the ordinances, respectively, authorizing the Outstanding Bonds, there shall be deposited into the Interest and Sinking Fund (created for the benefit of said Outstanding Bonds and all Additional Bonds) the following: (a) Such amounts, in equal monthly installments, made on or before the last day of each month hereafter, as will be sufficient to pay the interest scheduled to come due on said Series 1982 Bonds on the next interest payment date; and (b) Such amounts, in equal monthly installments, made on or before the last day of each month hereafter, commencing in July, 1982, as will be sufficient to pay the next maturing principal of said Series 1932 Bonds. RESERVE FUND That the Reserve Fund heretofore created for the benefit of the Bonds aid all Additional Bonds now contains Iio rley alnd iniEstimei ti not leis than the sum of '#S 53,25G. VII o, oo a the last day of each month hereafter there shall be deposited into the Reserve Fund such amounts, in equal monthly installments, as will cause the Reserve Fund to contain, within five years after the date of the Series 1982 Bonds, an amount of money and investments equal to the average annual principal and interest requirements on the Bonds (the "Reserve Required Amount"). Thereafter, no additional deposits shall be made into the Reserve fund as long as the mmey and investments therein are equal to the Reserve Required Amount; but if and whenever the Reserve Fund is reduced below the Reserve Required Amount, a monthly deposit shall be made, on or before the last day of each month thereafter, into the Reserve Fund from Net Revenues of the System (after the required deposits have been made into the Interest and Sinking Fun % in an amount equal to 1/60th of the Reserve Required Amount, until such time as the Reserve Fund has been restored to the Reserve Required Amount; and the City covenants to keep and maintiin said Reserve Required Amount in the Reserve Fund. The Reserve Fund shall be maintained, used, and may be invested, I for the benefit of the Bonds and all Additional Bonds, in accordance with the procedures, as 11 herein modified and supplemented, set forth in the ordinances, respectively, authorizing the Outstanding Bonds. It is provided, however, that if and whenever, due to investment income ov otherwise, the Reserve Fund contains an amount in excess of the Reserve Required Amount, such excess shall be deposited immediately to the credit of the Revenue Fund. DEFICIENCIES IN FUNDS If in any month the City shall fail to pay into ti° interest and Sinking Fund and the Deserve Fund the full amou,As above stipulated, amounts equ'v)Tent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated revenues of the following month or months, and such payments shall be in addition to the ruounts hereinabove pr^vided to be otherwise paid into said Funds during such month or morchs. To the extent nr'essxry, the City shall increase the rates and charges for services of the System to make up suu, _'eficiency. - 11 - EXCESS REVENUES Any revenues in excess of those required to establish and maintain the Funds as above required may be usod for the redemption of Bonds or Additional Eonds, the purchacn of Ronde or aRdirienal Bonds at not exceeding the market value thereof, or for any other purpose now or hereafter permitted by law. SECURITY FOR FUNDS All funds created by this Ordinance shall be secured in the manner and to the fullest extent permitted by law for the security of public funds, and such funds shall be used only for the purposes permitted in this Ordinance. ADDITIONAL BONDS I (a) The City reserves Lhe riy6L Lu issue additional bonds payable from revenues of the System, and the additional bonds shall be called "Additional Bonds". The Additional Bonds, when issued, shall be sec red by and oavable from a first lien on and pledge of the Net Revenues of the System, In the same manner and to the same extent as ar.+ the Bands, and the Bonds and the Additional Bonds shall in all respects be of equal dignity. The Additional Bonds may be issued in one or more installments. The provisions of this Ordinance relating to Additional Binds pertain only to Additional Bonds permitted by this section, and do not relate to junior lien bonds. (b) it is provided, however, that none of the Additional Bonds shall be issued unless: (1) The Interest and Sinking Fund and th,. Reserve Fund each contains the amount of money then required to be on deposit therein; (2) The Net Earnings for any consecutive twelve months out of the fifteen months next preceding, or for the fiscal year next preceding the date of the Additional Bonds, were equal to at least one and thirty-hundredths (1.30) times the com- bined principal and interest requirements, and Reserve requirements if any, of all bonds to be outstanding after the issuance of the Additional Bonds, for the year when such requirements are the greatest, as such Net Earnings are shown ty a report of a certified public accountant. The term "Net Earnings", as used herein, shall mean the gross revenues after deducting disbursements for opera- tion and maintenance, but not deducting expenditures which, under stGndard accounting practice, should be charged to capital expenditures; (3) The Additional Bonds are made to mature July IE of each of the years in which they are scheduled to mature; (6) The City is not in default in any of the covenants contained in this Ordinance. MAINTENANCE AND OPERATION; INSURANCE The City shall maintain the System in good condition and operate the same in art efficient manner and at a reasonable cost. So long as any of the Bonds or Additional Bonds are outstanding, the City agrees to maintain insurance for the benefit of the holder or holders of the bond;, on the System of a kind and In an amount which usually would be carried by private companies engaged in a similar type of business. Nothing in this Ordinance shall be construed as requiring the City sl to expend any funds which are derived from sources other than the operation of the System, but nothing herein shall be construed as preventing the City from doing so. I ACCOUNTS J The City shall keep proper books of record and accounts (separate from all other records and accounts of the city) in which complete and correct entries shall be made or all transactions relating to the System, and shall have said books audited once each fiscal year by an inde- pendent certified public accountant. The fiscal year for the System shall coincide with fiscal year fixed by the City Charter. - 12 - i ACCOUNTING REPORTS within ninety days after the close of each fiscal year hereafter, the City will furnish (withou~ cost) a signed or certified copy of a report by an independent certified public accountant covering the next preceding fiscal year showing the following information (a) Income and Expense Statement; (b) Balance Sheet as of the end of the fiscal year; (c) Accountant's comment regarding the manner in which the City has complied with the requirements of this Ordinance and his recommendations, if any, for any changes or improvements in the operation of the System; (d) List of insurance policies in force at the end of the year, showing, as to each policy, the risk covered, the name of the insurer, and the expiration date; (e) The number of properties connected with the water and sewer system and the total income from each said system for the year., (f) The number of unmetered customers of the water system at the end of the year; (g) The approximate number of gallons of water flowing into the water system of the City and the number of gallons sold during the year. SPECIAL COVENANTS The City further covenants as follows: (a) That it has lawful power to pledge the revenues supporting the Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111-1118, both inclusive, Revised Civil Statutes of the State of Texas, with amendments thereto; that the Bonds, and the Additional Bonds when Issued, shall be ratably secured by said pledge of income, to such manner that one bond shall have no preference over any other bond; (b) The City covenants and represents that other than for the payment of the Bonds, the rents, revenues and income of the System have not in any manner been pledged to the payment of any debt or u*liaatinn of thr City or of the System; (c) That so long as any of the Bonds remain outstanding, the City will not sell or encumber the System or any substantial part thereof, and that, with the exception of the Additional Bonds expressly permitted by this Ordinance to be issued, it will not encumber the revenues thereof unless such encumbrance is made junior and subordinate to all of the provisions of this Ordinance; (d) That no free service of the System shall be allowed and should the City or any of its agencies or instrumentalities make use of the services and facilities of the System payment of the reasonable value thereof shall be made by the City out of funds from sources uther than the revenues and income of the System; (e) To the extent that it legally may, the City further covenants and agrees that, so long as any of the Bonds or Additional Bonds or any interest thereon are outstanding, no franchise shall be granted for the installation or operation of any competing water system or sewer system, that the City will prohibit the operation of any such system other than those owned by the City, and the operation of any such system by any one other than this City Is hereby prohibited. INSPECTION Any holder or holders of Bonds cr Additional Bonds have the right at all reasonable times to Inspect the System and all records, accounts and data of the City relating thereto. 13 - REMEDIES In addition to all the rights and remedies provided by law, the City further covenants and agrees that in the event of default in the payment of principal or interest on any of the Bonds when due, or it fails to make the payments as required to be made into the Funds created by this Ordinance, or defaults in the ebs_rvanre or performance of any other of the covenants, condi- tions, or obligations set forth in this Ordinance, the holder or holders of any of the Bonds shall be entitled to a writ of mandamus or other appropriate order issued by a court of proper jurisdiction compelling and requiring the City and the officials thereof to observe and perform any covenant, obligation or condition prescribed in this Ordinance. No delay or ommission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time And as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specifications of such remedies shall nut uc deemed to be exclusive. BONDS ARE SPECIAL OBLIGATIONS The Bonds are special obligations of the City, payable from t' dodged revenues and th holder thereof shall never have the right to demand payment th. f c funds raised or to be raised by taxation APPROVAL BY ATTORNEY GENERAL The Series 1982 Bonds and the record relating thereto shall be submitted to the Attorney General of Texas, for his approval, and after he shall have approved the same, they shall be forwarded to the Comptroller of Public Accounts of the State of Texas, who shall promptly register them and he shall deliver the Series 1.982 Bonds in accordance with instructions to be given by the Mayor. The Comptroller, or a deputy designated in writing to act for the Comptroller, shall manually sign the Comptroller's certificate of registration prescribed herein to be printed on the back of each bond, and the seal of said Comptroller shall be affixed to each of said bonds. (The Electric System is operated as a separate utility by the City. The following is for Informational purposes only.) ELECTRIC SYSTEM The City of Denton has owned and operated its Electric Light and Power System (the "System") for approximately seventy six years without interruption. During this time, the System has experi- enced a steady growth in customers and output, requiring periodic additions to plant and distribution facilities. Service Area The System provides electric service to 18,556 customers located in the city. 1Fe C7ty Fas covenanted in the Ordinance that it will not operate, and will not grant any franchise ur permit the acquisition, censtruction, or operation of, any electric energy distri- bution facilities which would be in competition with the electric system, and, to the extent that it legally may, the City will prohibit eny such competing facilities. Customers In 1981• the Sys' Id 409,096,000 KW9 of electrin energy. The following Ca-55Ti on shows the average number J customers from 1976 through 1981 and the average charge per kilowatt hour ("KWH"). 14 - i Year Ended September 30 -1 979 _ _ 1980 48 If Average Number of Customers: -1-1179- Residential 12,931 13,870 15,705 16,225 Conner cial;Industrial 2,603 2,608 2,420 2,186 Other 310 312 137 145 Total Customers T;34d i~,T4a ITT167 7E355 Average Charge Per KWH (4 per KWH): Residential 4.524 4.564 4.544 4.804 All Other 3.814 3.974 4.154 5.394 The System's sales of energy, in KWH, to principal customer classes for 1978 through 1981 were as follows: KWH Sold (000'5 Omitted) Year Ended September 30 -1978 ~t98D 1981 Residential 15F-615 TV .-M 16T, 2M T73;4'0 Commercial/Industrial 284,290 276,199 301,992 308,348 Other 23 106 23 579 24,041 17,288 Total Sales 45$ bIT b32 3Tt 7f43O9 d9~OgS I Production Facilities and Interconnection Arrangements . Present production facilities of the System consist o five generating units escrf`ed as follows: Number r[t of Name Plate _ Type Units Capacity KW Steam uur ne Unit 1 12,650 Unit 2 12,650 Unit 3 32,000 Unit 4 66,500 Unit 5 65,481 3 F8~28T Interchanges TMPP rMPA and Ml- Interconnectfors (l): TI3 K ort n erc ange 311KYj- 50,000 KW Brazos 69KV Interchange 70,000 KW TMPA/TP&L Spencer Plant 138 KV Interchange 1001000 (1) Texas Municipal Power Pool ("TMPP"). Texas Municipal Power Agency ("TMPA"). ` Texas Power 6 tight Company ("TP&L"). Note: The City has recently declared its five diesel generators (12,635 KW) surplus and Is regotiating the sale of these units. The following tabulation provides information for calendar year 1981 for the System's ten largest customers in terms of both peak demand and annual revenues. These customers taken together represent 29.78% of the 1981 electric revenues from sales. i5 - Denton Electric S stem Ten Largest Retail Power Customers 1981 1981 Annual Peak KWH Customer KWH Revenues Demand North TexasState University 32 -,59-1-, 53 63£,575 --9;447 Texas Woman's University 22,461,400 989,103 2,772 Paccar, Inc. 11,278,800 595,242 4,480 Acme Brick Company 10,947,300 489,383 1,911 Victor Equipment 10,855,600 506,471 2,436 Golden Triangle Mall 9,731,200 474,751 2,600 Denton State School 9,325,500 440,111 2,445 Moore Business Forms, Inc. 4,782,750 221,735 1,050 Morrison Milling Co pony 4,183,900 191,351 777 Emconite, Division of Arnerace 3,472,000 166,936 941 Total 149,629,538 $7,737,656 21,852 I Electric Rates J (Effect ve Prf , 1981) Residential Facility Charge $4.50 Single Phase 8.00 Three Phase Months of June through September All KWH $0.0465 per KWH plus an energy cost adjustment Months of October through May All KWH $0.0435 per KWH plus an energy coat adjustment Note: When usages are less than 700 KWH during June through September, ded,ict $2.00 from the monthly facility charge each month until monthly usage exceeds 700 KWH. Energy CostAdjustment When fuel or purchased power costs are more than three cents (3t) per KWH, an Fnerg- y Losost Adjustment (ECA) is charged. The ECA is calculated by using the total cost per KWH of fuel and purchased power at the City's Power Plant divided by total sales subtracting three cents (3t) which is already included in the base rate. Projected Loads and Resources The projected loads and resources of the System for the per o ugh 1991 are presented in the following chart as determined by the City: rorecasted Peak Loads and Resources (In Megawatts) Peak Net Reserve Year Loads Resources Margin X 34 1983 142 29 2 81 1984 151 271 3 79 1965 161 285{4 77 1986 170 285 68 1987 178 285 60 1988 187 285 52 1989 195 285 46 1990 202 285 41 1991 210 285 36 (1 Tested net capability. 2 TMPA Gibbons Creek, Denton's 20% allocation (78MW) (see "Texas Municipal Power Agency"), 13 Comanche Peak Unit 1 (14V / Comanche Peak Unit 2 14MW 16 Statistical Data Year Ended September 30 1971_-___._ 1978 1979 1980 1981 Sales of KWH: ResldeneiaT 133,951,296 150,614,995 132,533,565 167,285,852 173,460,115 Commercial/Industrial 295 016,653 284,289,637 275 199,288 301,982 186 308 347 623 328;-4E8T49 UT, 454,63? 408:7153 4691268,038 481,'607,738 Public Street and Highway 5,224,322 4,771,882 4,665,680 4,702,075 4,750,623 Other 16 735 502 18,334,403 18 312,658 19 338 798 12 537 381 Sub-total 330 9 7`473 d38,6T6,W 337,11749T 493:308:911 93 i,6 ,M Sales for Resale 801 719 16 489 123 28 168 387 27,559 097 27 716 421 Total Sales 451,729,2 374,500,043 466:480,878 9M8';008 323 812 169 Loss and Unaccounted 43 24`508:692 1 615 DOD 1 416 ~ 7:451~D 00006 8069 Total KWH to System , % Loss and Unaccounted .001% 3.46% 6.10% 5.22% 5.26% Average Customers:- Res e- nom- 12,445 12,931 13,870 15,705 16,225 Commercial/Industrial 2 722 2 913 2 733 2 557 2 331 Peak Day Power Requirement 112,000 114,000 109,000 131,000 133,000 Present Plant Capacity 186,580 186,580 166,580 186,850 166,850 Anal sis of Electric Billing: Customers verage on WH/Customer 2,478 2,409 2,170 2,251 2,241 Bill per Customer $92.43 $96.12 $90.06 $97.41 $116.08 Revenue per KWH $0.0373 $0.0399 $0.0415 $0.0432 $0.0518 Residential Customer: Average nt K ustomer 697 971 795 888 891 Bill per Customer $37.94 542.14 $36,30 540.32 $42.77 Revenue per KWH $0.0423 $0.0434 50.0456 50.0454 $0.0480 Comm ercial/industrial: verage on KW us omer 9,r,44 8,557 R,aag 10,412 11,472 Bill per Customer $335.95 $330.70 $359.92 $448.20 $604.57 Revenue per KWH $0.0352 $0.0382 50.0400 $0.0428 40.0527 Gross Income*: efd nf-al- $ 5,660,433 $ 6,537,275 S 6,046,432 $ 1,599,676 5 8,327,068 Commercial/Industrial 10,363,040 10,878,635 11,060,823 12,629,060 16,255,007 Other ~790,.5~27 ,841.813 830 951IZT90779673 1275 65 " Does not include off-system sales, Income derived from contribution- in-aid or sales of surplus material, etc. (000's Omitted) Fiscal Year Ir Ended Net Available 9.30 Revenue Expense For Debt Service -r§M TM M 10,673 --35,210-- 1978 18,960 13,593 5,367 1979 18,692 13,704 4,988 1980 22,541 17,553 4,988 1981 26,773 22,025 4,748 _11_ The City of Denton is a member of the T.xas Municipal Power Pool ("TMPP"), which includes the cities of Bryan, Garland, Greenville and Denton, each of which has its own production, trans- mission and di tribution facilities. The City is also a member of the Electric Reliability Counsel of Texas ("ERCOT"), the regional Peliability Coordinating Organization for Electric Power Systems in Texas. The City has access to the ERCOT intrastate network of six major investor-owned rid several public systems through the TMPP transmission system. .ioe TMPP contract provides that each member city shall prnvide, through its own facilities or through firm power contracts, a capability at least 15% greater than its projected system peak load for each future year, The cost of Pool facilities necessary to provide adequate ties between the members are shared by all participants. By "pooling" the reserve capacity of their respective systems, the cities can operate safely with considerably less installed reserve power supply, thereby effecting substantial investment and operating economies. other ad- vantages include an adequate and dependable source of power during periods of individual emergency, maintenance of power during periods of scheduled unit maintenance and interchange of economy energy between members. The TMPP members are engaged in an economic dispatch program wherein all generating units of the five members are operated such that the most efficient units are loaded first. Savings are distributed on a formula of splitting the savings between the actual cost of the anppliers and rnOf that wniild have been experienced by the less efficient generators. Texas Munlci al Power Agency 1n July 1975, the Cities of Bryan, Garland, Denton and Green- vi a the "C Iles" , by concurrent ordinances, created the Texas Municipal Power Agency (the "Agency"), a joint power agency without taxing power, as a separate municipal corporation and political subdivision of the State in accordance with Article 1435a, Vernon's Texas Civil Statutes, as amended. The Agency is governed by a Board of Directors made up of two representa- tives from each city and is empowered to plan, finance, acquire, construct, own, operate and maintain facilities to be used In the business of generation, transmission and sale to and exchange of electric energy with the Cities and any private utilities which are joint owners with the Agency of an electric generating facility located within the State of Texas. Power Sales Contract Each of the Cities has entered into an identical Power Sales Contract (the " ontract" w 7th the Agency which obligates the Agency to use reasonable diligence to provide a constant and uninterrupted supply of power and energy to the Cities and, subject to certain exceptions, obligates the Cities to purchase from the Agency, if available, all of their electric energy requirements in excess of the amounts generated by the Cities' existing municipal systems. The Contract requires the Agency to prepare annual budgets, projecting Its Annual System Costs for the succeeding year, including debt service requirements on its bonds, and to submit the same to the Cities. Based upon these budgetary facts and estimates, the Agency will adopt and fix the rates and charges for electric energy and services to be paid by the Cities for the ensuing year, The Cities are obligated to make such payments on a monthly basis. The Contract further provides that if at any time the arwunt of money on deposit in the Agency's Bond Fund is less than the amount then required to be on deposit therein without giving consideration to transfers made from other than the Agency's Revenue Fund or from bond pro- ceeds, each of the Cities is unconditionally obligated to make a payment, the aggregate of which shall be the amount necessary to maintain the Agency's Bond Fund, Reserve Fund and Contingency Fund, in the required amounts, provided that transfers may be made from the Reserve Fund to the Bond Fund for not more than two consecutive calendar months without replenishment. Each of the Cities' portion of any such payment (the "Percentage Share") shall be adjusted annually based on the percentage that each of the Cities' system load bears to the aggregate system load of the four Cities, subject to certain qualifications. The present Percentage Shares of the Cities are as follows: City of Bryan 18.97% v' City of Denton 21.49% City of Garland 43.93% City of Greenville 9.61% Total 100.00% Each of the Cities unconditinnal1v rnvenants in the Contract that its Percentage Share of the payments to the Agency's Bond Fund, Reserve Fund and Contingency Fund will be made, if re- quired, and none of the Cities shall have the right of set-off, rccoupment or counterclaim against any such payments. All amounts payable by the City under the Contract, including any amounts payable pursuant to the contractual guarantee described above, are expenses of the City's Utility System and constitute a first and superlor lien on the gross revenues of such System prior to the pledge made on the Bonds. Under the Contract, the Cities must approve any "Project" before the Agency is authorized to proceed with the financing, construction, equipment procurement and development thereof. After approval by the Cities, the Agency may proceed as it deems appropriate. Additionally, the Agency may make "System Development and Reliability Expenditures" as "Approved Projects" for facilities and purposes when authorized by the Cities. Certain expenditures for "Development Projects", as defined in the Contract, may be made by the Agency without the approval of the Cities. A raved Projects The first generating project of the Agency approved by the Citles is the Gibbons Creek team Electric Station, now under construction in Grimes County, Texas, and includes a net 390 megawatt ("MW") lignite-fueled steam electric plant, related reservoir, railroad spur and transmission facilities, an adjacent surface mine and associated properties and equipment, Gibbons Creek is expected to go into commercial operation in March, 1983. The second generating project of the Agency approved by the Cities is an interest in the nuclear-fueled Comanche Peak Steam Electric Station and certain associated transmission facil- ities. On January 2, 1979, the Agency entered into a joint ownership agreement with Dallas Power b Light Company, Texas Electric Service Company, Texas Power S Light Company and Texas Utilities Generating Company, under which the Agency acquired a 6.2% ownership interest in the Comanche Peak station presently under construction. The station will consist of two 1,150 MW nuclear-fueled pressurized water reactor steam generating units and related reservoir, makeup water facilities, railroad spur, nuclear fuel and other properties and equipment, Unit One is presently scheduled to be in commercial operation in 1934 and Unit Two in 1986. The Cities have also approved, as "System Development and Reliability Expenditures," certain transmission facilities, Estimated Cost of Pro ects The estimated cost of the Approved Projects, according to the Te~esI 1nf5Rat on ran the Agency, is 31,361.600.000. The Agency currently has outstanding $1,150,000,000 of its revenue bonds, leaving $211,600,000 to be issued to complete financing of such Projects. C_it f's Statement as to Flnancfal Impact of Agency Projects The City, along with the other Cities, nom t me to t rev news an eva ua es a nano al impact of the Agency projects and financing requirements on the City's municipal electric 119ht and power system and hence on the system on a projected basis, based on projected growth demand for City electric services, projected growth demand for electric services within the other Cities as forecast by them, escalating costs of natural gas and oil as a boiler fuel, assuming such fuels are legally and factually available, and other factors. Such projections have heretofore demonstrated that the purchase of the City's future, addi- tional power supply from the Agency in accordance with the Contract, due principally to the Agency's use of fixed-cost boiler fuel, the efficiencies of scale and the economies of opera- tion achieved by the operation of all present generating facilities of the Cities and the projects of the Agency on an economic dispatch basis, will provide an economically feasible alternative to the continuing escalation of costs presently experienced by the City. The City has no present reason to believe that Its future re-evaluations will produce any projections materially adverse to its prior conclusions. (See "Factors Affecting Agency Projects, the City and Utility Industry Generally"). factors Affectln Age nc Pro ectsithe C1t and U_ t flu or Gy new Tte City has threatened ee5 aw se y t hi 9ency that no Iit~tu 5 now pending or to its Knowledge which challenges its projects or the legality of its bonds or actions taken in connection therewith or challenging the legality of the Contract. However, the electric utility industry in general has been experiencing varying problems, including increasing costs of fuel, wages, materials, equipment and licensing requirements, substantially increased capital outlays and longer construction periods for the larger and more coaplex new generating units, uncertainties In predict 'ng future load requirements, Increased financing requirements coupled with limited availability of capital, exposure to cancellation and penalty charges on new generating units under construction, fuel availability, compliance with rapidly changing environmental, safety 19 - and licensing requirements, litigation and proposed legislation designed to delay or prevent construction of generating and other facilities and to limit the use of existing facilities and uncertainties associated with the development of a national energy policy. Any of these factors may require modification of the City's present facilities or the Agency's projects, or both, and in some cases may cause delays in construction and increases in construction and operating costs, or they may case the revenue forecasts, demand forecasts and estimates of growth of the City and tha remaining Cities to vary significantly from those contained in prior evaluations. Proposedd Hydroelectric Projects The City has commissioned and received a feasibility study y Black L Veatch, Ccns~f ng_rngineers, relative to proposed hydroelectric developments to be located at nearby lake Lewisville and the planned Ray Roberts Reservoir which is scheduled for completion in 1986/87. The study envisions three 1,000 kilowatt turbine generator units located at the downstream terminous of the outlet works of the dams and would operate on flows normally released through the low-flow discharge pipes. The two units planned for the tewis- viile Project (the "Project") would generate an average annual generation of 10,100,000 kilo- watt hours. Anticipated cost of the Project would be approximately 55,045,000 and could be in operation by 1984. The Consulting Engineers estimate the savligs to the City's customers during the first 20 years of operation would be in excess of $43 million when compared with the projected cost of natural gas generated power. Construction and operation of the Project would be subject to the jurisdiction of the Federal Energy Regulatory Convissiom ("FERC") and would be licensed as a major water power project of 5 megawatts or less. A comprehensive environmental report is required and Black 6 Veatch estimates approximately 18 months will be needed to complete the tic=using process. The City Council has authorized Black 6 Veatch to proceed with the licensing application and it is anticipated the application will be submitted in mid-1982. Electric S em Revenue Bands The City has no authorized but unissued Electric System 115e-venue Book.- 20 - 1 VALUATION AND DEBT INFORMATION 1931 Taxable Assessed Valuation (100% of Actual) $663,437,088 City Funded Debt Payable From Ad Valorem Taxes: General Obligation Bonds (as of 3-1-82) $ 13,870,000 Interest and Sinking Fund (as of 1.1-82) $ 30,831 Ratio Total Funded Debt to Taxable Assessed Valuation 2.09% 1980 U. S. Census Population - 48,063 1981 Estimated Population - 51,150• Per CaFita Taxable Assessed Valuation - $12,970.42 Pc, Ctplto Total Dcbt $271.16 Area - 33.2 Square Miles a Source: North Central Texas Council of Governments. `f Note 1: Pursuant to authority permitted by Section 1-b, Article VIII of the State Consti- tution, which became effective January 1, 1973, the City has granted an exemption of up to C $16,666 of Assessed Valuation to the residence homestead of property owners over 65 years of age. The Taxable Assessed Valuation, as shown above, does not Include $19,465,102 Assessed Valuation of properties exempted under this authority. Note 2: The Legislature, pursuant to a constitutional amendment and Article 7150h, VATCS, 1 mandated an additional property tax exemption, beginning in 1976, 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 from taxation applies to either real or personal property with the amount of Assessed Value exempted ranging from $1,500 to $3,000, dependent upon the amount of disability or whether the exemption is applicable to a surviving spouse or children. The Taxable Assessed Valuation, as shown above, does not include $444,601 Assessed Valuation of properties exempted under this authority. Note 3: The above statement of indebtedness does not include the following outstanding revenue bonds, as these bonds are payable solely fray the net revenues of the System, as defined in the Bond Ordinance authorizing the bonds: $8,975,000 Water and Sewer Revenue Bonds; $22,255,000 Electric System Revenue Bonds; and $1,500,000 Water and Sewer System Revenue Bonds now being issued. NON-FUNDED DEBT The City has leased and lease/purchased a variety of equipment ranging from reproduction machines to heavy equipment such as street sweepers, dump trucks, compactors and an ambulance. The leases expire in 1984 through 1986. Annual costs of the leases are as follows: 1982 $121,621 1983 121,621 1984 121,475 1985 103,157 1986 35,789 The City has no other non-funded debt as of March 1, 1982. 21 VALUATION AND FUNDED DEBT HISTORY Ratio Funded Fumed Debt Debt to Taxable Outstanding Taxable Fiscal Assessed at End Assessed Period Valuation of Year Valuation 1972-73 3MZ35 M VT.RTC bQ -1..18% 1973-74 102,222,840 0,165,000 7.99% 1974-75 112,158,726 7,695,000 6.86% 1975-76 124,327,113 9,585,000 7.71% 1976-11 136,540,625 12,024,000 8.81% 1977-78 271,339,229(1) 11,533,934 4.25% 1978-79 288,902,702 15,215,101 5.27% 1979-80 364,943,680 15,364,488 5.04'i 1980-81 337,948,941 15,053,000 4.45% 1981-82 663,437,088(2) 12,935,000(3) 1.95% (1) Increased basis of assessment from 40% to 60%. (2) Increased basis of assessment from 60% to 100%. (3 Projected. TAXABLE ASSESSED VALUATIONS BY CATEGORY Property Assessment As % of Real Property _ Personal Property _ Taxable Fiscal Appraised o o Assessed Period Value Amount Total Amount Total Valuation Wr -77--4W_ T76-. M-, 4 8631% TI dB M TM. T- FTW, M 1973-74 40% 82,409,280 80.62% 19,813,560 19.38% 102,222,840 1974-75 40% 89,883,677 80.14% 22,275,049 19.86% 112,158,726 1975-76 40% 95,735,078 77.00% 28,592,085 23.00% 124,327,163 1976-77 40% 98,863,846 72.41% 37,676,779 27.59% 136,540,625 1977-78 60% 213,135,760 78.55% 58,203,469 21.45% 271,339,229 1978-79 60% 221,300,412 76.60% 67,602,230 23.40% 288,902,702 1979-80 60% 229,022,620 75.10% 75,921,060 24.90% 304,943,680 1980-81 60% 246,205,248 72.85% 91,743,693 27.15% 337,948,941 1981-82 100% 450,732,259 67.94% 212,704,829 32.06% 663,437,088 ESTIMATED OVERLAPPING FUNDED DEBT PAYABLE FROM AD VALOREM TAXES (As or .1- -lS2J Esti,iated Total % Overlapping Taxis Jurisdiction Funded Debt Applicable Funded eebbtt My o entNI 3]~87rw M.Om Denton Independent School District 12,605,000 93.76% 11,618,448 Denton County 2,550,000 29.44% 750,720 Total Overlapping Funded Debt $26,439,168 Ratio Overlapping Funded Debt to Taxable Assessed Valuation 3.99% Per Capita Overlapping Funded Debt - $516.89 TAX RATE LIMITATION All taxable property within 0e 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 types of tax obligations of the City within the limits prescribed by law. Article X1, Section 5, of the Texas Constitution is applicable to the City of Denton, and limits its maximum ad valorem tax rate to $2.50 per SIDO Assessed Valuation for all City purposes. The City operates under a Home Rule Charter which adopts the Constitu- tional provisions. - 22 - TAX DATA (Year T-n~-ing 9-30~ Distribution Tax Tax ~eneraT- merest and X Current % Total Year Rate Fund Sinkina Fund Tax Lfvy~ Collections Collections 3➢ - J b~7011 $D~b4; --071533 $1,-n7, 7 39~- 9U.T7V 1973-74 1.700 0.8960 0.8040 1,737,788 96.20% 97.03% 1974-75 1.700 0.8978 0.8022 1,906,698 95.12% 97.64% 1975-76 1.700 0.8174 0.8826 2,113,562 94.74% 97.54% 1976.71 1.780 1.0938 0.6862 2,430,423 94.74% 97.74% 1977.78 1.240 0.7128 0.4672 3,364,606 93.04% 94.35% 1978-79 1.240 0.7280 0.5120 3,582,394 94.05% 96.37% 1979-80 1.240 0.7286 0.5114 3,770,142 93.67% 96.69% 1980-81 1.290 0.6700 0.6200 4,359,541 93.96% 96.64% 1981-82 0.774 0.4650 0.3090 5,135,003 73.16X` 14.16%k ' Collections for part year only, thrcc,h 2-1-82. Property within 0e City is assessed as of January 1 of each year; taxes become due October 1 of the same year; and become delinquent after January 31 of the following year. Split payments are permitted: first half by December 31; second half by March 31. Discounts are not allowed. Charges for penalty and interest are made as follows: 1981 and Prior Years 1982 and After February February /71 March 6% March 9% April 7 112% April 11% May 9% May 13% June 10 112% June 15% July 18% After June add 112% of 1% per After July add 1% per month month in addition to above. In addition to above. MUNICIPAL SALES TAX ec ve The City has adopted the provisions of Article 1066c, Vernon's Texas Civil Statutes, as amended, which grants the City the power to impose and levy a 1% Local Sales and Use Tax within the City, the proceed; being credited to the General Fund, Collections and enforcements are effected through the offices of the Comptroller of i'ublic Accounts, State of Texas, who remits the proceeds of the tax, after deduction of a 2% service fee, to the City monthly. Revenue from this source has been: % of Equivalent of Total Ad Valorem Ad Valorem Per Year Collected Tax Lev Tax Rate Capita = X7 48.121 - - --p r- 3 1973 875,564 50.38% 0.8564 19.68 1974 926,080 53.29% 0,9059 20.81 1975 1,000,932 52.68% 0.8924 21.39 1976 1,194,335 56.66% 0.9632 25.28 1977 1,254,452 51.88% 0.9234 26.19 1918 1,629,832 48.44% 0.6007 31.62 1979 2,061,124 57.53% 0.!134 39.83 1980 2,556,124 67.62% 0.8382 47.96 1981 3,017,806 58.76% 0.8930 59.00 TAX RATES OF OVERLAPPING SUBDIVISIONS TTaax_l_ng Jurisdiction 1981 1980 1979 1978 1971 1914 1975 1974 City of Oen N 55714 SIN TI:'I4 W-M TC.9 W79 IT77U " Denton Independent School District 1.220 1.25 1.68 1.51 1.57 2.00 2.00 2.05 Denton County 0.237 0.77 0.67 0.67 0.67 0.95 0.95 0.95 23 . TOP TEN TAXPAYERS 1981 % of Total Taxable Taxable Assessed Assessed Name of Tax a er Nature of Pro ert Valuation Valuation Genera T~Te ep one comp any Te e-T prone Uti ty 3 77,777 M 3ff- Victor Equipment Company Welding Equipment 15,611,032 2.35% Paccar, Inc. Peterbilt Truck Manufacturer 11,192,800 1.69% Denton Mall Shopping Center 11,099,031 1.57% First State Bank Bank 10,874,8;5 1.64% First Denton County National Bank Bank 8,995,054 1.36% J. Newton et al Commercial and Ranch 5,487,261 0.83% Moore Business Forms, Inc. Business Form Manufacturer 5,439,499 0.82% Montgomery Ward Department Store 5,056,599 0.76% J. C. Penney Department Store 4 535 TH I T" AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS - NONE GENERAL INFORMATION REGARDING CITY AND ITS ECONOMY LOCATION ! Denton is the County Seat of Denton County, located at the apex of the Dallas-Fort Worth-Denton 1 Industrial triangle. T .e City covers an area of 33.2 square miles and is located only 38 miles from downtown Dallas, and 36 miles from Fort Worth. ECONOMY Denton is In the midst of a rich agricultural and livestock area. The hub city of Texas' new 'Land of Lakes" region, which provides Denton and neighboring cities with abundant water for municipal, industrial and recreational purposes. One of the three major university centers in Texas. The home of diversified industrial interests. The site of the Nation's first underground Control Center of the Office of Emergency Planning and Office of Civil and Defense Mobilization. One of the key cities in the economically significant Dallas Standard Metropolitan Area. ECONOMIC RANKING Denton's sound diversified economy is refl.,cted in the spendable annual income per household. Denton County's Effective Buying intone for 1980 totaled approximately $1,221,000,000. Denton County's retail sales for 1980 totalel $493,479,000. In 1980, over 37% of Denton County households had cash income in excess of $25,000 annually. Median income was $20,318. (Source: Sales and Marketing Management, Ju y 27, 1981.) 24 - ECONOMIC AND POPULATION GAINS Denton has noted a consistent population Increase and a steady economic growth in the past four decades. Historical popilation totals from U. S. ~ensus r,:ords are: 1940 Census 11,!'11 1950 Census 21,372 1960 Census 26,844 1970 Census 39,874 1960 Census 48,063 The North Central Texas Co„nciI of Governments estimates the 1951 population of the City at 51,157. The City's ascension toward a top rung on Texas' economic ladder is attributed partly to the steady influences of governmental activity which iccludes the year-ty-year expansion of the two State-supported universities, and partly because of s:ch environmental factors at its location in a rich a;ricn,Itural re3ion, Scmc ail and gas producti,,n in the northwest section of Denton County, its inclusion in the Pi!las-Fort Werth Metrcplc-, its proximity to three of Texas' largest res=:rvoirs (Lake Texoi-ii iS only 4 -;le, from Centon), its excellent highway and traosprrtatior faciiitits mild cli -rat,, , a'1 tn•= lrss tangible but 1rflu5rtial asper- t•, f sor,ial, rultvraI and cl. aIion31 aUv ttrot ' ;l•,i professional or "waite collar" wn rierS t _r Denton 1 a place of r .sr_ . I0'1 T'7Y ANG ; I NESS In excr,s of 50 diversif1 1 canufact;rir7 plants are located in the City. Some of the largest are as follows: Approximate Number of _Company Product -Employees* tnr ~pment rim.. y -T3,, w - ~-t r ng -J- eq-.u ,_pm-en--t - y it ?T rc g awn pressure valves 900 Moore Business Forms, Inc. Business forms, sales books, etc. 495 Jostens, Inc. School class rings 285 Russell-Newman Manufacturing Company Wcmens and girls lingerie 250 Paccar, Inc. Diesel trucks 235 Andrew Corporation Microwave antennae 220 Acme Brick Company Brick and talc 210 Trinity Industries LPG fuel tanks 175 Denton Record Chronicle Newspaper and printing 155 Morrison Milling Company Flour and cornmeal products 145 Cmconitr, Division of Amerace Multi-color plastic parts 110 Turbo Refrigerat',,I :ompany Ice-making machines 110 Ohio Rubber Molded plastic parts 90 Transport S"temc, Tr(, Trailers DO Beamen Company Prefab buildings 75 * Denton Chamber of Commerce. INDUSTRIAL FUTURE Denton is most favorably located within 38 milts of two mayor cities and is, officially, a part of the Dallas-Fort Worth Metroplex. This area comprises a market which is growing at a rate three times the national average, Denton is fast becoming an integral part of this dynamic industrial complex. A plentiful supply of skilled labor is available to industry in the Denton area, Total -labor force in Denton County is approximately 62,165, with approximately 59,371 presently employed - for an unemployment percentage of only 4.5%. There are two principal industrial dis- tricts Denton Industrial Park and Rayzor Industrial Park bnth of which hxvo xrrocc to more than adequate rail and highway facilities, and all necessary utilities, 25 - AGRICULTURE Denton County Is ore of the more diversified agriculture counties in Te:,as. With soil types ranging from rich black to deep sandy loam, and good soft, artesian water, it is an ideal center for diversified farming and livestock raising. Principal crops are cotton, corn, wheat, oats, hay, grain sorghums and peanuts. Dairy cattle, beef cattle, sheep, hogs, chickens and turkeys contribute a substantial and steady intone every year to the farmers and ranchers of the county. Income from all agriculture and livestock products averages in excess of $30,000,000 annually. The Texas Agricultural Experiment Station, Sub-Station No. 6, ]orated about five miles north- west of Denton, is contributing to the prosperity of not only the farmers in Denton County, but to farmers all over Texas, through experiments in small grain research work, crop rotation, pastures, soil building, contouring and plant disease. UNDERGROUND COVROL.CENTER Denton is the site of the first Underground Control Center to be built by the Federal Government in the United States. This center was corpletrd at a cost of 52,400,000. It consists of an at-see ground "frangible" building, for entrance and exit during no,nal operations, and a two-story undcrgr;,,,,I fortress, 112 feet wide and 172 feet long. T!:', structure has its ewn water well, an infirmary, first aid stetioo, and cn-+_.r~ at hens t=.1- quarters. Site for tr -,mire is aGeat three miles east of Dertcn The huge nderg e,nd center Serves Region 5 Headquarters for tre Office of Civil and Defense Mobilization and is designed to resist nuclear blast and radiatir". R.egien 5 consists of Texas, Oklahoma, Arkansas, Louisiana and New Mexico. In time of emergency the renter will house the administrative personnel of 16,000 federal employees in Dallas and Fort Worth. In the event of a national emergency the center would serve as the coordinating and directing point for the activities of sane 235,000 civilian employees of the federal government. It will house 200 persons on a day-to-day basis, or 500 on a 30-day, emergency, "buttoned-up" basis. The control center emi loys 83 full-time people with an annual payroll in excess of $150,000. TRANSPORTATION ~ Denton is located only 1B miles northeast of tho Uallas-rcit Worth Regional Airport. This j facility began operations in January, 1974. It is the largest airport in the United States, second largest in the world, and represents an investment in excess of $700,000,000. Denton is the focal point in the new Interstate Highway System (U. S. 35-E and U. S. 35-W). U. S. 35-E connects Denton with Dallas, and U. S. 35-W ties to Fort Worth. The east and west sections of the U. S. Interstate 35 form part of a vast network that begins at I the Canadian border on the north and traverses the entire United States, to end at the Mexican border on the south. North from Denton the highway connects with Oklahoma City and thence through the Midwest. Rail transportation is furnished by three railroads - Santa Fe, Texas and Pacific, and Missouri-Kansas-Texas bus transportation by Trailways Bus System motor freight by twelve truck lines. EDvCATION Denton is the home of North Texas State University, founded in 1890, and Texas Woman's Uni- versity, founded in 1901. The two colleges have a combined enrollment of approximately 24,955 students, and more than J 1,000 faculty members. 1J -26- As of UeceTber 1, 1981, 17,487 students were enrolled in co-educational North Texas State University. This university has a larger enrollment than Southern Methodist University at Da Pas, Texas Christian University in Fort Worth, or Rice Institute at Houston. Texas Woman's University has an enrollment of 7,498. North Texas State University campus comprises a land area of more than 350 acres and sixty-nine buildings valued in excess of $52,000,000. The University embraces seven academic units of colleges and schools, and offers Bachelor's degrees in 66 fields and Master's degrees in 113 areas. Doctoral programs are In 45 areas. Texas Woman's University, a State-supported institution of higher learning, has completed an extensive building program, emphasized Ly three high-rise structures. These are a 14-story office and classroom portion of the College of Education (opened in 1968), a 21-story dormitory designed to house 640 students (completed in 1967), and a 24-story dormitory designed to house I 707 students (completed in the fall, 1969). Academic components are embodied in eight schools. Science research programs are conducted in chemistry, biology, physics, nutrition, textiles, bone microradiology and other related fields. Over 400 Denton citizens hold earned Doctoral den ees. Denton has an outstanding Piblic School System, accredited by the Southern Assoclation of Colleges and Secondary Schools and Accreditation Division of the Texas Education Agency. Approximately 69% of the gra.i rtes of Denton Higk School ya en to college. The Denton school system offers accelerated prc;rams in such courses as S.M.S.G. Math and P.S.S.C. Physics. A few of the vocational trainrrg courses iii ]able In public schrvols are agriculture, homeraking, distributive educaticr, in,iistrial ea,-aticn, hanical Jra,ing wood«° rk, ctc. 67% of the faculty hold Master's d-3rers. f Num'uer of elementary schools 7 Enrollment in school for exceptional Number of junior high schools 2 children 951 Number of senior high schools 1 Pupil to teacher ratio: Average students per classroom 25 elementary 24:1 Average number of high school high school 20:1 graduates 275 1981 Fall Enrollment 8,497 $11,000,000 Denton State School . Construction began in 1958 on the $11,000,000 Denton State School, with the first phase of the construction being completed in duly, 1960, at which time the first group of students was admitted. The second phase was completed in 1963. It Is one of America's most modern and progressive educational institutions. This State-supported educational institution for mentally retarded Texas residents is located on a 200-acre site paid for by Denton citizens. Present facilities include 47 (including outreach dorm;) dormitories which accommodate more than 1,168 students, 5 buildings for physically handicapped children with a capacity of 600, and a 52-bed acute hospital with supporting facilities such as X-ray, laboratory, dental, and pharmaceutical. In addition to these buildings, there is a modern administration building, an academic building, a large laundry, a maintenance shop and a warehouse. The School has a staff of 1,489, with an annual payroll in excess of $17,364,613. BANKING There are five banks in the City First Denton County National Bank, established 1892 First State Bank, established 1912 . University State Bank, established 1963 Western National Bank, established 1953 Citizens National Bank, established 1976. Combined Bank Deposits 1972 $114,161,439 1977 $175,006,073 1973 126,209,608 1978 198,908,000 1974 131,018,000 1979 207,085,011 1975 140,747,770 14Pn P7H,F11,173 1976 167,805,982 1981 254,567,591 -27 - Four savl,,gs and loan associations had combined year-end deposits as follows: 1972 S 53,692,053 1977 $ 94,168,257 1973 63,584,045 1978 105,901,284 1974 66,262,425 1979 127,299,490 1975 69,310,598 1980 159,535,122 1976 84,238,471 1991 160,674,680 RECREATION Nearby take Lewisville, one of North Tesas' largest lakes, is one of T-,xas' most popular recreation areas. Lake Lewisville has a shore line of 183 miles located entirely in Denton County. Lake Lewisville attracts over 3,000,000 visitors to its shores annually. The upper reaches of the Lake are only about 3 miles east of the Denton City Limits, while the dam is 15 miles from downtown Denton. Grapevine Reservoir, another large body of water created by the U. S. Army Corps of Engineers, is located in Denton and Tarrant Counties. The dam is 23 miles from Denton. Parks and recreational areas abound on the shores of both Lake Lewisville and Grapevine reservoirs. Boating, fishing, hunting, swimming and all water sports are the favorite recrea- tional pastimes at both reservoirs, which, because of this area's favorable climate, are in use the year round. Growth Indices Calendar Building Gas Water Light Year Permits Meters Meters Meters V 2T,_5 ,863 7-,911 II1M IT,837 1973 24,037,860 11,174 11,251 12,227 1974 12,498,521 11,416 11,592 12,673 1975 18,306,334 11,755 11,755 13,061 1976 12,142,334 11,745 1?,077 14,117 1977 22,244,075 12,294 12,490 15,650 1978 32,324,274 12,661 12,803 16,404 1979 11,556,446* 13,224 13,094 17,150 19Do 35,454,504 13,566 13,292 18,125 1981 40,537,746 13,680 13,506 18,545 Includes construction of Golden Triangle Mall and Peterbilt truck factory. I 4 28 - RAT INr ,S II Applications for contract ratings on +his ve been made to Moody's Investors Service, Inc. and Standard R Poor's Corporation. An explanation of the significance o such ratings may be obtained from the compa-.y furnishing the rating. The ratings reflect only the respective views of such organiWions and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies, circumstances so warrant. Any such downward revision or withdrawal of such retings, or either of them, may have an adverse effect on the market price of the Bonds. TAX EXEMPTION The delivery of the Bonds is subject to an opinion of Messrs. McCall, Parkhurst 6 Norton, Bond Counsel to the City ("Bond Counsel"), to the effect that interest on the Bonds is exempt from all present Federal income taxes under existing statutes, rulings, regulations and curt decisions. The laws, regulations, court decisions and administrative regulations and rulings upon which the conclusion stated in Bond Counsel's opinion will be based are subject to change by the Congress, the Treasury Department and later judicial and administrative decisions. REGISTP.ATICN AAD QUALIFICATIt., OF BONDS FOR SALE The sale of the Bone; 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 have rot been qualified under the Securities Act of Texas in reliance upon various exemptions cortaine: th~ireln; nor have the Bonds been ¢valified under the securities acts of any jurisdic- tion. The City aasumes no responsibility for qualification of tt,e Bonds under the securities laws of any jurisdiction in w'tich the Bonds may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Boris shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. LEGAL INVESTMENTS IN TEXAS The Bonds are legal investments for sinking funds of Texas counties, cities and towns. They are eligible to secure Texas state and school district funds and constitute legal investments for insurance companies in the State of Texas. No review has been made of the laws of states other than Texas to determine whether the Bonds 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, including the unqualified approving legal opinion of the Attorney Ger=ral of the State of Texas, to the effect that the Bonds are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the unqualified approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Bonds 1s exempt from Federal income taxation under existing statutes, regula- tions, rulings and court decisions. 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, or which would affect the provision made for their payment or security, or in any manner questioning the validity of said Bonds or the coupons appertain- Ing thereto, will also be furnished. Bond Counsel was not requested to participate, and did not take part, in the preparaticn of the Notice of Sale and Bidding Instructions, the Official Bid Form and the Official Statement, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the Information contained therein, except that, in ':s capacity as Bond Counsel, such firm has reviewed the information describing the Bonds in the Official Statement to verify that such description conforms to the provisions of the tend revolution. The legal fees to be paid Bond Counsel for services rend_re;, in connection with the issuance of the Bonds are contingent on the sale and delivery of the Bonds. The legal opinion will be printed on the Bonds. 29 - AUTHENTICITY OF FINANCIAL INFORMATION The financial data and other information contained herein have been obtained from the City's records, audited financial stateme is and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained hereii, 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. The Financial Advis Gr', fit, fnr corvirac rondaroA with respect tm 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 svndicate organized to submit a bid for the Bonds. CERTIFICATION OF 1H£ OFFICIAL STATEMENT At the time of payment for and delivery of the Bonds, the Purchaser will be furnished a certificate, executed by proper officers, acting in their official capacity, to tht effect that to the best of their knowledge and belief: (a) the descriptions and statements of or pertain- ing to the City contained in its Official Statement, and any addenda, supplement o- amendment thereto, on the date of such Official StateTent, on the date of sale of said Bonds and the acceptance of the best bid therefor, and on the date of the delivery, were and are true and correct in all material respects; (b) insofar as the City and its affairs, including its financial affairs, are concerned, such Official Statement did not and does not contain an untrue statement of a material fact or cmic to state a material fact required to be slated therein or necessary to make the statem,rits therein, in the light of the circumstances under which they were made, not misleading; (c) insofar as the descriptions and statements, includ. ing 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 that the City has no reason to believe that they are untrue in any material respect; and (d) there has been no material adverse change in the financial condition of the City since the date of the last audited financial statements of the City. The City will furnish the Purchaser, as a part of the transcript of proceedings, a certified copy of a resolution of the City as of the date of the sale of the Bonds which will 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 by the Purchaser. DICK STEWART Mayor ATTEST: CHARLOTTE ALLEN City Secretary l 30 - CERTIFICATE FOR ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER A140 SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $2,000,000, AND CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $3,000,000 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said Citv convened in SPECIAL MEETING ON THE 26TH DAY OF JANUARY, 1962, at the Municipal Building (City Hall), and the roll was called 1 of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Richard 0. Stewart, Mayor Mark Chew Richard H. Taliaferro Dwight L. Gailey Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of said persons were present, except the following absentees: ;t .-r , thus constituting a quorum. t:hereupon, along oterF business, the following was transacted at said .Meeting: a wri-.ten ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL PI!OUNT OF $2,000,000 AND CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS, SERIES 1962, IN THE PRINCIPAL AMOUNT OF $3,000,000 was duly introduced for the consideration of said City Council and duly read, it was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye", NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a trve, full, and correct excerpt from said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the above and fore- going paragraph are the duly chosen, qualified, and acting officers and mer,bers of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ, St. Article 6252-17. 3. That the mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary Of said City hereby de- clare that their signing of this Certificate shall constitute the signing of the attached and following cony of said Ordi- nance for all purposes. SIGN ARID SEALED the 25th day of Ja.uarv, 1 82. City SecreEary (SEAL) we, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the at- tached and foi owing Ordinance prior to said. its passage as afore- J f City ttor Bon attorneys s F ORDINANCE NO. 82 -f~-R ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $2,000,000 AND CITY OF DENTCN ELECTRIC SYSTEM REVENUE BONDS, SERIES 1992, IN THE PRINCIPAL 'V^CUNT OF S3,000,000 THE S -.ATE OF TE:CNS COUNTY OF DES7'ON CITY OF DE`:TON 4FFEAS, the City Council of the Cit.; of Denton, Texas, deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold, and delivered. THE COUNCIL OF THE OI'L'Y OF, _QENTOCi ORDAINS: That the following notices shall be published in the "Denton-Chronicle", whlcn is a newspaper published in, and hav- ing Genera` circulation in, the City o Denton, or, the S-ime day of each of two consecuti•;n tceeks, tJ1 t.'1 the date of the first Publication to be at least two weeks _icr to the date u--en which the City Council '.ntends to _pass the Ordinance=_ ~escribed in the follcwing notices: "NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1962, IN THE .PRINCIPAL. AMOUNT OF $2,000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on March 2, 1982, at the City Hall, an Ordinance authorizing the issuance, sale and delivery of an issue of negotiable coupon bonds tc, be designated as "City of Denton Water and Sewer System Reve;ue Bonds, Series 1982, in the maximum principal amount of $2,000,0001 to be pay- able from and secured by a first lien on and pledge of the Net Revenues of the City's Waterworks and Sewer System, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annam., will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinance. Said bonds will be authorized, issued, sold and delivered pursuant to Articles 1111b, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the combined Waterworks and Sewer System of the City. CITY OF DENTON, TEXAS" "NOTICE OF INTENTION TO ISSUE CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS, SERIES 19821 IN THE PRINCIPAL AMOUNT OF $3,000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texes Civil Statutes, that the City Council of the pity of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on March 2, 2982, at the City Hall, an Ordinance authorizing the issuance, sale, and delivery of an issue of negotiable coupon bonds to be designated as "City of Centon Electric System Revenue Bonds, Series 1982", in tha maximum principal amount of $3,000,000, to be payable from and secured by an irrevocable first lien on and pledge of the Net Revenues of the City's Electric Light and Power System, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinances. Said bonds will be authorized, issued, sold, and delivered pursuant to Articles 1111b, 1112, 1113, and 1115, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the Electri- Light and Power System of the City. CITY OF DENTON, TEXAS" I CERTIFICATE FOR ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $2,000,000, AND CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $3,000,000 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 26TH DAY OF JANUARY, 1982, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Richard O. Stewart, Mayor Mark Chew Richard H. Taliaferro Dwight L. Gailey Dr. A. Ray Stephens Jim R:.ddlesperger Joe Alford and all of Said persons were present, except the following rq absentees: thus constituting a quorum. Wcereupon, among otrer business, the following was transacted at said Meeting: a written ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEWER REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $2,000,000 AND CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $3,000,000 was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with the passage of s,:id Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, fu'_l, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoinc paragraph is attached to and follows this Certifi- cate; tr,at said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the above and fore- going paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein: and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinances that the Mayor and the City Secretary of said City have duly signad said Ordinance; and that the Mayor and the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute r - the signing of the attached and following copy of said Ordi- nance for all Purposes. SIGN AVID SEALED the 26th day of 7a uarv, 182. C3.ty Secre ary (SEAL) Wee the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Centon, certify that we prepared and approved as to legality Texas, the heart-eby tached and following Ordinance prior to said, its Passage as afore- ~1 l C1Yy~..tfor _ Bon Attorneys ORDINANCE NO.82 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEIVER REVENUE BONDS, SERIES 1982, i.' THE PRINCIPAL AMOUNT OF $2,000,00 AND CITY OF DENTON ELECTRIC S:STEM REVENUE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF 53,000,000 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, deems it necessary and advisable that the bonds :iereinafter described be authorized, issued, sold, and delivered. THE COUNCIL OF THE CITY OF.DENTON ORDAINS: That the following notices shall be published in the "Denton-Chronicle", which is a newspaper published in, and hav- ing general circulation in, the City of Denton, on the same day of each of two consecutive weeks, :,ith t__., of the first publication to be at least two weeks prior to the date r^n which the City Council intends to pass the ordinances described ir. the following notices: "NOTICE OF INTENTION TO ISSUE CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982, IN THE -PRINCIPAL AMOUNT OF $20000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on March 2, 1982, at the City Hall, an Ordinance authorizing the issuance, sale and delivery of an issue of negotiaole coupon bonds to be designated as "City of Denton Water and Sewer System Revenue Bonds, Series 1982, in the maximum principal amount of $2,000,000, to be pay- able from and secured by a first lien on and pledge of the Net Revenues of the City's Waterworks and Sewer System, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and f,lrthev characteristics, as will be provided in the aforesaid Ordinan,:e. Said bonds will be authorized, issued, sold and delivered pursuant to Articles illib, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the combined Waterworks and Sewer System of the City. CITY OF DENTON, ':ERAS" "NOTICE OF INTENTION TO ISSUE CITY OF DENTON ELECTFTC, SYSTEM REVE'_VLTE BONDS, SERIES 1982, IN THE PRINCIPAL AMOUNT OF $3,000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texes Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on March 2, 1982, at the City Hall, an Ordinance authorizing the issuance, sale, and delivery of an issue of negotiable coupon bonds to be designated as "City of Denton Electric System Revenue Bonds, Series 1982", in the maximum principal amount of $3,000,000, to be payable from and secured by an irrevocable first lien on and pledge of the Net Revenues of the City's Electric Light an? Power System, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinances. Said bonds will be authorized, issued, sold, and delivered pursuant to Articles 1111b, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the Electric Light and Power System of the City. CITY OF DENTON, TEXAS" r i J r IN THE 31ATTER OF CITY OF DENTON THESTATEOFTECAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper vn the follow- ing dates: Notice of Intention to issue City of Denton Electric System Revenue Bonds, 'tries 19821 in the Principal amt of 8310009000. Notice of Intention to Issue Ctty of Denton Water & Sever System Revenue Borri Ser 'es 1982111n the principal amt of $210001000, JANUARY 291 1982 Stwscribed and sworn to before me this 9 day of Ha r c h ,1982 Witness my hand and official seal. bmlr~ Notary Puhllc, Denton County, Texas 10 _ _ I maximum rates not not per e....d fi fl ltceri pert "NOTICE OfINTENTiOfI _.,.td TOISSUIE v r'• t CITYOiDENTON imaximum of nu, io c.. 1 ELECTRICSYSTEM thirty years from their date, REVENUE BONDS, and will be subject to re SERIESIM2, oemption prior to maturity IN TbE PRINCIPAL and will have such other and AMOUNT OF 13,000,00o further characlgrlstic, as Notice Is hereby given. In will be 'provided In the accordance with Article ofvneld Ordinance. Sold 2»ta. Vernon'{ Annr'. • d bonds will be WhOrlied, Taxes CNII Statutes issued, sold and delivered f City '+imcll ke r ,R-d pursuant t0 Articles 1111b, .xaa, nu ends to 1112, 1113, and 1114. Vernon's pass, N a Regular Meeting to Annotated Texas Civil slat. be held of 1:00 PM, on March life% and other applicable 2. 1992, of the City Hall, an laws, for the purpose of Ordinance outnorlting the providing money for Im, Issuance, sale, and delivery pavements and extensWns of an issue of negotiable of the combined Waterworks coupon bonds to be desig- and Sewer System of the noted as the "City of Denton City. lectrk System Revenue CITYOF DENTON, TEXAS Dods. Series 196Y', in the maximum principal amount OFFICIALNOTICE OF of 93,00400 to be payable SALE from end secured by an CITY OF DENTON, TEXAS I irrevocable first Hen on and 921000000 pledge of the Not Revenues WATER ANDSEWER of the City's Electric Light SYSTEM REVENUE and Power System, all as BONDS, will b- cieflnM and rnv'lled SFomstsa2 in IM aforesaid Ordinance. Said bonds will bear Interest 95171 from their data at maximum ELECTRIC SYSTEM rates not to exceed fifteen REVENUE BONDS, percentum pw annum, will SERIESI91112 be scheduled to mature serially within a maximum The City Council Of Ina City of nor to exceed thirty years of Denton, Denton County, from their date, and will be Texas, will receive sealed subject to redemption prior bids of the Municipal Build- to maturity, and will have in, 213 E. McKinney Street, such other and further char in IMClty of Denton until: octer{slics, as will be pro - vided in the aforesaid Ordi 2:00 p.m., Tuesdry, March 2, modes, Said bonds will be 1952 { " 9uthnrlted, Issued, sold, and daliveyed pursuant to for the purchase of: Articles 1111b, 1112, 1113, and E a aa4:0 Wefor and Sewsr 1111, Vernon's Annotated. to Revenue Bonds, to be t Texas CNfI Stables, and ~I dated March 13, 1912, and 10 1 other appikable laws, kr the moture sc'rl_!!y yny sa .wh purpose of providing money ' year 7":) nir0ugh 1999. for Improvements and 3 91,Aeli Elactrk Usfetn extensions of the Ekctrk Revenue aolds, to be dafrd Light and Power System of ' April 1, 1912, and to malwe the City. serlalty O.rember I each C1fYOFDENTON, ` year 1983 lfwugh M. TEXAS" Sealed bws, plainly marked NOTICE Of INTENTION "Bid for Bonds should be TO ISSUE addressed 10 "Hpnorsble CITY OF DENTON Mayor and city Council, City WATERANOSEWER Of Dentin. Texas". and must SYSTEM REVENUES, be submiHedon the '0Nkle1 SERIES Iti Bid Form" to be made iNTHEPRINCIPAL available by the city Council NT Of SUOOA" prOr ens des of sale. Notes k hereby given, 1n All sealed bids will be ace dance. with Article publicly dime' and tabu Vernon's Annotated l afedt3alon ins Cainsil. CM' SfatuNe, that the COples of IM "s ff7cs, Cauik?I of the city Of Statomenti'f "Nerlca of inf~n, rqx&% Intends to Sde", and "Official Bid afa Regina AAWIPO10 Form W bung prepared w of 1:00,PM, on March and will be metled tO Prtr at 14 C"y mail, an edetflve bidders on or atdu} V j foci outhorltKtg The rebrayy 1S. 1912, and will be erA "s and dellWry of b rnishod s any poospectlve M 111141114111 of rkWiable Coupon bidder upon request by FNN to be d"gnatep as Sduthw of Company, 100 "eI d OMB Water and MertaMila Bank Bviwit/g, i tYSf/Iq Revenue Oal15s, Toas 1$201, FKUrr f tided 0*6 1901, In The ~ dial AdvisoratolhocltY• j m prlntlpal Smoot 3 The Clfyri»in{th,flghls 000,. fa Be payable ! reject any atld ate Dille and ill kO*d by a first I wave any and ,411 It, d IM NN regularltles. of "1 City's iJy Order, W VA City CouncR orks and Sewer of the Cltl oalt ao wIll be 0otihid t Wm. Saw boonndds well City ofCD~,Tout War bNeraN iron M& doe IJonuary P. "a2 "NOTICE of ' INTENTION TO ISSUE CITY OF DENTON ftECTRICSYSYLM I REVENUE 60NDS, / SERIESHeZ IN THE PRINCIPAL AMOUNT Oiewoo0,e ie Notice is hereby given, In :ccordence. wiih Article 7368a, Vernon's Annotated Texas Civil Statutes, that the city Coumil of the City of s. at Texas. {moods to Dart^ ~ pass, eta Regular Heeling to be held at 7, 00 PM, on March 7. 1967, at " City Hall, en Ordinance authorleing the issuance, sale, and delivery of an Issue of negotiable cOu POM bonds to be desig „ mated as "City of Denton Electric System Revenue :,Or„;r„ Sw;efi 1;81". In Me maximum Principal amount of s0,OM,000, 10 be payable from and secured by an irrevaable first lien on and 1 pledge Of me Net Revenues of the City's Electric Lyht and Power Sys M. D a will be (Wned and PrWided In the aforesaid Ordinance, Said beds will bear Interest from their date at maximum 'rates not to exceed fifteen ' Percenrum Per annum, will I,N THE MATTER OF a {e Scheduled rl at at~re CITY OF DENT O N a of nOl to exceed thirty years y from their dale. ^nd will be . subloct to redetr rion prior tai malurlty, P-4 will have r 1 such Other an further char I aClerlstks, N will be pro vlded M Iheaforeuld Ordi 1 nances. Sold bonds will to s. f'1va'ad, isWed, sty, and delivered pgrsuanl 10eton, Jr. ArtlcW 1TIIb, 1117, I I I L and THE STATE OF TEXAS 7116 Yermon's Annotated - Texas Clvil Stables, and County of Denton other applicable laws, for the purpose Of providlrq money for ImprOyemenfa and, Record-Chronicle, a being duly sworn, says he is the General Man Lronf am P~ Syihem Of ld regularly published newspaper of general circulation which has be the Ply. Taxaa xas, preceding the date for a period of not less than one year in.the Co City OF ry Denim. aid paper or the follow- of the attached notice, and that the said notice INTENTION ing dates: ' CITYOO,F~DENTON WATERANbtewElt' o REYenue Bonds+ Series ice of intention to issue City of Denton SYSTEM REVENUE in the vrincipat amt of 13,000,000, Notice o, tntentiori to issue City of ,..a . ton Water & Sewer System REYenue Bonds, Serie, 148 i in,tJIt Principal amt of r 1 000,000. FEBRUARY 21, 1982 ' 1IV yI March ,I9 82 Subscribed and sworn to before me this. 9 day of Witness my hand and official seal. 'jtotary public, Denton County, Texas "NOTICEOF INTENT" )!J CITY OF DEN EN JON NOT ICE Of ELECTRIC SYSTEM I f NTENTION TO ISSUE SERIESIM7 I CITY OF DENTON iNTHE PRINCIPAL WATER AND SEWER ANIOU NT OF $3,000, 0011 SYSTEM DS Notice is hereby given, In SERIESIM0 accordance with Article IN THE PRINCIPAL 73611a, Vernon's Annotated AMOUNT OF {7.,a00,00e Texas Civil Statutes, that the Notice is hereby given, In City Council of the City of accordance with Article Denton, Texas, Intends to 7168a, Vermont's Annotated Pass, at a Regular Meeting to Texas CIvil Statutes, Mat the be held at 7.00 PM, on March City Council of the City Of 7. 1987, of the City Hell, an Denton, Texas, Intends to Ordinance authorizing the ' pass, at a Regular Mel, Ing to issuance. sale, and delivery be held At 7:00 PM. on March of an issue at negotiable 71 19071 at she City Hall, an coupon bonds to be desig- Ordinance authOr171ng the noted as City or Denton Issuance, sale, and, ciellvery Electric System Revenue of an Issue of negotiable Bonds, Series 199711, n the coupon bonds to be deslg. maximum Principal amount noted of 'City of Denton or $1,000,00, fo be payable Water and Sewer Sysferr' tram and secured by an Revenue Bonds, Sees I9111". Irrevocable first lien on and in the maximum principal Pledge Of the Net Revenues amount of 87,00,00, to be of " City's Electric Light Hyebk t.r,_ - @Ad wt-n t by and ~r an finl lien on and pledge of tin Net Revenues of 1M Will be defined end provided City's Waterworks end In Rv a 0resald Ordinance. Sewer System, all as will be Sold bonds will bear interest defined and provided In the from heir date at maximunf aforesaid Ordinance. Said rates not 10 exceed fifteen bonds will bear interest from Percent" 'per annum, will their dale of maximum rates be scheduled to mature not to exceed fifteen WIAWy within a maximum percenNin per amum, will fill 1161 to exceed thirty yeah be scheduled to mature from their date' and Will ber serially WmIft a maximum sublect to I sdempton prior of nos to exceed thirty years te maturity, and wilt lave from their daft, and will be such artier And further char. subiect PC redenipllon prior ~lerlatk4 as will be pro- to maturity, and will have folded In Iitaforeseld Ordf• such other and hMmnr char- nancee. Said bonds will be K%rlstke, ft will be pro- evfhprlied, issued, d, end vided M the Aforesaid Droll del War60 puraue solnt tej name. Sold bonds will be Arlkka 1111b 911E Illl end authorized, issued, sold, er+d 1114 Cations Annotated d!l1vered pursuant e TOSS `CNII Statutes, And Arllcks club, 1117, 1117, and pellet applicable laws, for the 1114. Vernon's Annofat" durpOM of providing Inoney Texas CWII Statutes, aid roe Improyements and other opplkeble laws, for Ilse Ift}aAslands Of the Electric purpose of provding money I. and Power. System of fat improvement$ and Neehy ' eKiAlWorn of the combined CNy0f Donfoe,Tex" Waterworks and Sewer System of the City. City at Denton, Taxes FEBRUARYSI L 70, 19117 } IN THE MATTER OF CITY OF DFNTON Roy Appleton, Jr. THE STATE OF TEXAS County of Denton ly published being duly sworn, says he is the General Manager of the Denton Record -Chronicle newspaper of general circulation which has been continuously and ~g~ecedin the dai_ for a period of not less than one year in.the County of Denton, Texas, p B of the attached notice, and that the said notice was published in said paper on the follow- ing dates: ie Notice of intention to issue City of Denton Electric System Revenue` s=a.er - 1,1982+ in the Principal amt of $3+000+000. Notice of intention to issue City_ of Denton Mater do Sewer System Revenue Bond s+ Serie 1482] in the-principal amt of 42+000+000. FEBRUARY 28+ 1982 E i 9.._dayof Merl^ - JLl9 r•~_- Subscribed and sworn to before ma this Wetness my hand and official seal. Notary Public, Denton County, Texas "NOTICE Of "leOTICE OF INTENTION INTENTION TO ISSUE TO ISSUE CITY OF DENTON _ WATERANDS£WER CITY Of D[NTON+ SYSTEM REVENUE ELECTRIC IYSTtM BONDS REYfflulf NDS, SERIE$IM SERIESIIQ INTNE PRINCIPAL IN THE PRINCIPAL AMOUNT OF motah" AMOUNT OF 0,00E" NDfIce is hereof given, in Notb Is hereby even. In accordance with Article accordance with Article 7:768a, Vernon's Annulated 10aea, Vernon's Annotated Texas Civil Statutes, thel the Texas CNll Statutes, that led. City Cnsncll of the Clfy Of City Council 01 the City of! Oe^,ton, Texas, intends to Penton, Tex^ inle X% 10 pam, at a Regular Meeting to pass, at a Regular Meeting to be held at 1:00 pM, on March be held at 7:00 PM, m MarchI L 1787, at the City Hall, an 21 178E at 11019 Clfy Hall, and Ordlnance allthorIting the I Ordinance authot'1ring 11111 Isswncr, sale, and Jeilvery hsuame, sale, and Doivery of an Nnu a negotiable of an is" 01 negotiabk cmpm battle to be desig. coupon bonds to be Oll noted as "City of Denton rated m ,City of Denton Water and Sewed System Etectrk Systen Revenue Revenue Bonds, Series 1"T' Bonds, Series 15 O", In the in me maximum principal maximum priec gel amount amount c' 117,000,000. to be of W,o00,1100, t, be payable i payable from and Secured by frmn and scoured by an I an first Ilan on and pledge of lrrevxoble first lien m end t" Net Revenues of the plepge of the Net RrYenuei City's waterworks and of the City,s Electric Light Se'w'er System, all as will be WA Power SYSIem, ell at defined and provided N it* will be dcflned and 9mv1ded aYorese rq pdr r, Sew IA the aforeseld Ordinance. DMds Wae it beats larrilm n ~R Sew bonds will dew Interesf not fdat eslxC adf ifteen from their dFte M maximum 't *fifte percent um pear annum. w11J rates not to, exceed fifteen ba scheduled Its maturf percentum per annum, will iaerially wtthlr a maximum be scheduled to mature of not to exceed thirty Yeen serially within a maximum Irvin }heir data. and WIN be of not ta exceed thirty yean Silbiect b redettspl plot Irom Ihe',r dale, end will be to maturity, and will haul' subied to re0omplim ploy such other and fwHief 10 matwilY. and, will have aclerist" as will be pro- wen tNher and further Chan vided in the aforesaid Ordt- ecleeistks, as will , be pro narice. Said bands will be vi-rd M IheefornaW Ordl- pu tWiled, Isstled, Sow, and nancat. Said bonds will be delivered Pursuant 10 suthdelmd, leaned, Well. " Articles 111i 1117, 1111, IN dellvered Pull 10 1114, Vernon's. Annotated AAkles 1111b. 11tt 1113, era Texas Civil Statutes, and I'.14 Vernon's Annotated orller applkable laws, for the Tech' Civil ' Sfatules. end purpare M prirAding r)W" ottlat' applk" laws, for the for ImP avelnenlt and puryltee d pro.'Idllsg .0190 extenstons of the combined for Imptdvemorfe and waterworks And %swar extrAs'lone 'at the E Nctrk System of the rny. Light VW Po'AW SYstelll Of City of Denldn, Texas the Cny. F EL R UA RY 21 L ,'tf. IM City of Denton. T epee,.. , _ • CERTIFICATE FOR ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 2ND DAY OF MARCH, 1982, at the Municipal Building (City Hall), and the roil was called of the duly constituted officers and members of said City Council, to-wit: Charlotte Allen, City Secretary RRichard 0. ichard H. Stewart, Mayor Mark Chew Dwight L. Gailey Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of said persons were present, except the following absentees:L thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seccnded that said Ordinance be passed; and, after due discussion, said motion, carrying with the passage of said Ordinance, prevailed carried by the following vote: AYES: All members of said City council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the above and fore- going paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that ach of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting . was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the. City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute tee signing of the attached and following copy of said Ordi- nance for all purposes. SIGNED AND SEALED the 2ND day of Mar he 1982 ~/1 lam'' . 1/Iti--=•. ~ • city Secretary yor (SEAL) We, tha undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the at- tached and following Ordinance prior to its passage as afore- said. - C t tt bey on Attorneys ORDINANCE NO. 82 - L5- ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON TAE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.ra., Tuesday, April 6, 1982 for the purchase of: City of Denton Water and Sewer System Revenue Bonds, in a total amount which aw u y may be issued in compliance with the earnings coverage requirements for such bonds, but in the minimum principal amount of $1,250,000 and in the maximum principal amount of $2,000,000, with such bonds to be dated May 15, 1982, and to mature serially July 15 each year 1983 through 1998. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly opened and tabu- lated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailers to prospective bidders on or about March 220 1982, and will be furnished to any prospective bidder upon request, by First Southwest Company, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Penton, Texas. 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton, said publica- tions shall be made at least thirty days prior to the day set for receiving bids. City and County of New York, ss.r" Copy MARY DALY, being duly sworn, says that she is the Adrerirsing Clerk of THE BOND BUYER, a dally and weakly newspaper printed and published at One Stale Street Plaza, In the City of New York, County of New Yu,k, State of New York; of and the notice, of which the annexed Is a printed copy, was regularly published In sald THE DAILY BOND BUYER on Advertloement F1~!'i 5 1982 A&ertis g Clerk Subrcribrd and emorr, to before me this S+` _day of MR19SL HAROLD J. O'NEILC Notary PAM st.16 co N.. York Rex. 174esss73 0uer,red M R&MMO COu rr CommhNM 116n M,rch 30, 10117 OMCNL NOTICE OF SALE City of Denton Texas Water and Sewer System Revenue Bonds, Series 1982 The City Council of the City of Denton, Denton County, Texas, will receive scaled bids at the Municipal Building, 215 L MAInney Slree4 In the City of Denton until 7.00 p.m, Tuesday, f.MIL S, 1982 for the purchase of: City of Denton Water end sewer system Revenue Bonds, In a total amount which lawfully may be Issued In cornpliame with the earnings coverage rcqutrcmcnU for such bonds, but in the minimum principal amount of 81,250,000 and in the maximum prlnrlpal amount of 1 82,000.000, with such bonds to be dated May 15, 19A2; and to mature sent =bids. 15 each year 1983 throu0i I.M. Scaled bids, plainly marked "Bid for Bonds", should be addressed to 'Honorable Mayor and City Council City of Denton, Texas', and must be subm!tled on the "Official Bid Fotm" to be made available by the City Council prior the date of ,tale. All scaled bldsuld tx publlctyopened eM tabulated Mfore the Orkin! d. Copies of the "official Statement". "Notice of SW. and "Official Bid Form" are being prepared and will be mailed to prospect" bidders on or about Mamh 22. 1988 and will be furnished to any prospective bidder upon requee., by final Southwest Company. 900 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisor to the OIL ' . The City reserves tlr. right to reject any and all bids attd to waive any and all irng~utrlaritics By order or the City Council of the City of Denton, Texas. .dEN i CHAR' OTM ALr~ Citycoft~ Denton, t,a Te= 1 IN THE MATTER OF CITY OF DENTON THE STATE, OF TEXAS Roy Appleton, Jr. Counq of Denlon being duly sworn, says he is the General Manager of the Denton Record • Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow. in dates: OF ICIAL NOTICE OF SALE, CITY OF DENTONi TEXAS, WATER & SEWER SYSTEM REVENUE BONDSs SERIES 1982 MARCH 5, 1982 Subscribed and 9%vrn to before me this 9 day of _ Ma rch 82 Witness my h$nd and official seal, ~1Y Notary Public, Denton County, Texas v ~~g ~d~y~3~fie . to Hni~g, aR ; p C7~ a 4 gfac3 . +t sA t , ~no 9.s r:~ lif sa4 gR ~7~~4~ 3«j $?~3e m~NAQ w -4 E. n_ d P J,! l t;"((Qf~l!tj a a t. ~1apct6''l=~~ )84 mcoDlz ,mm0 wo C~7 4 IS T YC7 "j ~ O ~ h7 C1 t" x I r= ~x f CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 4Te, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAf. MEETING ON THE 6TH DAY OF APRIL, 1982, called at the of the municipai members ofl said s City constituted gof(Cit ficers Hall), Council, to-wit: Charlotte Allen, City Secretary Richard 0. Stewart, Mayor Mark Chew Richard H. Taliaferro nwiaht L. Gailey Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among of er business, aritten O the following Owas RDINANCE transacted AUTHORIZING 1 THE Meeting- ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1992 was duly and duly read. It was for then duly i,r ved and (second City Council the consideration ordinance be passedt and, after duo discussion, said motion, carrying with it the passage of said ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Ordinance has been duly recorded in said City Council's minutes of said Meetings that the above and foregoing paragraph is a true, full, and correct excerpt the pasl age to Council's minutes of said Meeting pertaining to said Ordinances that the persons named in the above an acting going paragraph are the duly chosen, qualified, officers and members of sa'd City Council as indicated thereint and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, is advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting= and that said Meeting was open to the public, and public notice of the time, place, aiid purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17, 3. That the Mayor of said city has appro-a,3, and hereby approves, the aforesaid Ordinance= that the Mayor and the City Secretary Maof said City yor and the City have Seduly cretary n of said City i hereby de- clare thers the igningtofithe a taehed and following copysoflsaid constitute Ordi- nance for all purposes. SIGNED AND SEALED the 6th day of Apr , 1982 - or ty c 40a ry (SEAL} We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby ® certify that we prepared and approved as to legality the at- tached and following Ordinance prior to its passage as afore- said. C ty torney ` 8o Attorneys f ORDINANCE NO. 82-&-;, ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEDER SYSTEM REVENUE BONDS, SERIES 1982 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on MAY 16, 1972; and WHEREAS, out of the bonds voted at said election, the ' following previously have been issued and delivered: $4,47'0000 out of a voted total of $5,275,0000 for the purpose of improving and extending the City's Waterworks System, represented by pert of the Series 1972 Bonds, part of the series 1914 Bonds, part of the Seriea 1977 Bonds, and part of the Series 1979 Bondi, and $31525,000 out of a voted total of $5,725,000, for the purpose of improving and extending the City's Sewer System, represented by part of the Series 1972 Bonds, part of the Series 1974 bonds, part of the Series 1977 Bonds, and part of the Series 1979 Bonds) and ` WHEREAS, the bonds hereinafter authorized and designated E were voted and are to be issued and delivered pursuant to Vernon's Articles 1111 through 1118. THE COUNCIL OF THE CITY OF DENTON HEREBY OR])AINS: Section 1, That the said City's bonds are hereby author- ized to be issued in the aggregate principal amount of $1,500,000 FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM. Section 2. That said bonds shall be designated as then "CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982". Section 3. That said bonds shall be Bated MAY 151 1982, `p shall be in the denomination of $5,000 each, shall be numbered consecutively from one uraard, and shall mature serially on the maturity dete, in each ,f the years, and in the amounts, respectively, as set forth in the following schedules MATURITY DATE: JULY 15 YEARS AMOUNTS YEARS AMOUNTS 1983 $ 60,000 1992 $100,000 1984 100,000 1993 100,0)0 1994 1500000 1987 750000 1995 150,000 1988 75,000 1996 150,000 1989 75,000 1997 150,000 1990 75,000 1998 150,000 1991 90,000 Section 4. That the bonds scheduled tD mature during the years, respectively, set forth below shall bear interest at the following rates per annum. maturities 1983, 13.008 maturities 1991, 13.008 maturities 1984, 13.009 maturities 1992, 13.009 maturities 1993, 12.209 maturities 1987, 13.009 maturities 19940 12.409 iaturities 1988, 13.009 maturities 1995, 12.509 maturities 1989, 13.009 maturities 1996, 12.709 maturities 1990, 13.009 maturities 1957, 12.909 maturities 1998, 11.1258 Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates state(: in the FORM OF BOND set forth in this Ordinance. Section 5. That said bends and interest coupons shall be issued, shall be payable, may be redeemed rrior to their sched- uled maturity, shall have the characteristics, and shall be signed and executed land said bonds ;hall be scaled), all as provided, and in the manner indicated, in :he VORM OF BOND set forth in this Ordinance. Section 6. That the form of said bonds, inclL9ing the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $S,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BOND SERIES 1982 ON JULY 15, 19 , THE CITY OF DENTON, in Denton County, Texas, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay Interest thereon, from date hereof, at the rate of 9 per annu:^., evidenced by interest coupons payable JULY lam; X982, and semiannually thereafter while this bond is out- standing. THE PRINCIPAL. of this bond and the the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, 13pon presentation and surrender of this bond or proper interest cuupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series -)f Bonds: CITIAANK, N.A., NEW YORX, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS. THIS BOND is one of a Series dated as of MAY 15, 19820 authorized, issued, and delivered in the principal amount of $1,5001000 FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM. ON JULY 15, 1992, or on any interest pa}ment date thereafter, any outstanding bonds of this Series may be redeemed prior to their scheduled maturities, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a financial publication published in the City of Neu, York, New York. By the date fixed for any such redemption dse provision shall be made with the "Paying Agent" for the payment of the principal amount of the bonds which are to be so re- deemed and accrued interest thereon to the date fixed for re- demption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automati- cally shall be redeemed prior to their scheduled maturities and they shall not bear interest after the Bate fixed for redemp- tion, and they shall not be regarded as being outstanding ex- cept °_or the right of the bearer to r:ceive the re& nption price from the "Paying Agent" out of 1he funds provided for such payment. M IT IS HEREBY certified and covenanted that this bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authoriza- tion, issuance, and deliv=ry of this bond have been performed, existed, and been done in accordance with law; that this bond is a special obligation; and that the principal of and interest on this bond, together with other revenue bonds of said City, are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. SAID CITY h,js reserved the right, subject to the restric- tions stated, a:id adopted by reference, in the Ordinance au- thorizing this Series of bonds, to issue additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues. THE HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signa- ture of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, and the official seal of said city has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxx city Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICAT£i REGISTER NO. I hereby certify that this bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, And that this bond has been registered by 3 the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptroller o Public Accounts of the State of Texas FORbI OF INTEREST COUPON: NO. $ ON 15, 19 , THE CITY OF DENTON, in the County of Denton, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at CITIBAI~X, N.A., NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of that issue of CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982, DATED MAY 15, 1982. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation.. Bond No. Xxxxxxxx xxxxxxx City Secretary Mayor Section 7. (a) That the term "Outstanding Bonds", as hereinafter used in this Ordinance, shall mean all of said City's presently outstanding bonds which are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. (b) That the bonds authorized hereby are parity "Addi- tional Bonds" as defined in the ordinance passed on July 12, 1960, authorizing the issuance, sale, and delivery of said City's Water and Sewer System Revenue Bonds, Series 1960. 1c) That Sections 9 through 25 of said ordinance are hereby adopted by reference and shall be applicable to the bonds authorized to be issued by this Ordinance for all pur- poses, except to the extent hereinafter specifically modified and supplemented. The bonds authorized to be issued by this ordinance and the Outstanding Bonds are and shall be on a parity and of equal dignity in all respects, and are and shall be payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. Section 8. That, in addition to all other amounts re- quired by the ordinances, respectively, authorizing the out- standing Bonds, there shall be deposited into the interest and Sinking Fund (created for the benefit of said Cutstanding Bonds and all Additional Bonds), from the Net Revenues of the System, the followings (a) such amounts, in equal monthly installments, made on or before the last day of each month hararfter,, as will be sufficient to pay the intcrczt Gchcdulad to ccria due on 6aid uoriGa 1982 Bonds on the next interest payment dater and 4 (b) such amounts, in equal monthly installments, made on or before the last day of each month hereafter, commencing in July, 1982, as will be sufficient to pay the next maturing prin- cipal of said Series 1982 Bonds. Section 9. That the Reserve Fund heretofore created for the benefit of the Outstanding Benda and all Additional Bonds now contains money and investments not less than the amount of $858,258 in market value. On or before the last day of each month hereafter there shall be deposited into the Reserve Fund such amounts, in equal monthly installments, as will cause the Reserve Fund to contain, within five years after the date of the Series 1982 Bonds, an amount of money and investments equal in market value to the average annual principal and interest : Cy'u1rCmCnm.u vu vuo a~~ ` t. - " ~ ding Bonds and the Series 1982 Bonds the "Reserve Required Amount"). Thereafter, no additional t ':'lull b%. mala `nto the Reserve Futlu d:i luilii aJ the money and investments therein are equal to the Reserve Required Amount, but +.f and whenever the Reserve Fund is reduced below the Reserve Required Amount, a monthly deposit shall be made, on or before the last day of each month thereafter, into the Reserve Fund from Net Revenues of the System (after the re- quired deposit: have been made into the Interest and Sinking Fund), in an amount equal to 1/60th of the Reserve Required Amount, until such time as the Reserve Fund has been restored to the Reserve Required Amount; and the City covenants to keep and maintain the Reserve Required Amount in the Reserve Fund in the manner described above. The Reserve Fund shall be main- tained, used, and may be invested, for the benefit of the Bonds and all Additional Bands, in accirdance with the procedures, as herein modified and supplemented, set forth in the ordinances, respectively, authorizing the Outstanding Bonds. It is pro- vided, however, that if and whenever, due to investment income or otherwise, the Reserve Fund contains an amount in excess of the Reserve Required Amount, such excess shall be deposited immediately to the credit of the Revenue Fund. Section 10. That the bonds authorized by this Ordinance are and shall be special obligations of said City, and the holder or holders thereof shall never have the right to demand payment of said obligations out of any funds raised or to be raised by taxation. Section 11. That the Mayor of said City is hereby author- ized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and their investigation, examination, and appro,.al by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the Stats of Texas. Upon registration of said bonds, said Comptroller of Public Accounts for a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed'in fac- simile, on each of said bonds. Section 12. That the City covenants to and with the pur- chaser of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of t;jis issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bounds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 19541 as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury 5 . regulations relating co arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or indirectly so as to cause all or any part of the bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(c), or any regulations or rulings pertaining thereto. Section 13. That it is hereby officially found and de- termined: that a case of emergency or urqent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said bonds are re- quired as soon as possible and without delay for necesza:y and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 14. That the City Council officially finds, de- termines, and declares that said bonds have been duly adver- tised for sale as required by the Home Rule Charter of said City; that sealed bids have been received at a public sale of said bonds held on March 2, 1982; that all of said bonds are hereby sold and shall be delivered to a syndicate managed or headed by Kidder, Peabody & Co., Inc., being the best bidder at said public sale, for the principal amount of said bonds, and accrued interest thereon to the date of delivery, plus a premium of $ -0- Section 15. It is further found and determined that, the Official Motice of Sale for said bonds was duly published on March 5, 1982 in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices, and on March 5, 1982 in the Denton Record-Chronicrlu, which iias been designated as the official newspaper of the City of Denton. The form and sub- stance of said Official Notice of Sale, and the aforesaid publications thereof, are hereby approved and ratified in all respects by the City Council. Section 16. That it is hereby officially found, deter- mined, and declared that said bonds have been sold at public sale to the. bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official notice of Sale and Official Statement dated March 15, 1982, prepared and distributed in connection with the sale of said bonds. Said Official Notice of Sale and Official Statement have been and are hereby approved by the Clty Council. It is further c,ffi- cially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and official Statement are true and correct in all material re- spects, to the best knowledge and belief of the City Council. 1 ` 6 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 1, the undersigned City Secretary of the City of Denton, Texas, hereby certify as follows: 1. That this certificate is executed with reference to the proposed City of Denton Water and Sewer System Revenue Bonds, Series 198, dated May 15, 1982, in the principal amount of $10500,000 (the "Bonds"), which Bonds were authorized by Ordinance No. 82-,E passed by the City Council of the City of Denton on Apr4.1 6, 1982. 2. That no petition whatsoever has been filed with the City, the City Council, or any of its officers protesting the r`F issuance of ':he Bonds or requesting that the City Council submit to a referendum vote the question as to the issuance of the Bonds, and no petition whatsoever has been filed with respect to the Bonds. N SIGNED AND SEALED this the 6t1. day of April, 1982. Cit SecretaTy~ ` (CITY SEAL) THE STATE OF TEXAS COUNTY OF DALLAS Alexander Grant & Company, Certified Public Accountants, hereby certify and report as follows; That this certificate and report is executed with ` reference to the proposed City of Denton Water and Sewer System Revenue Bonds, Series 1982, dated May 15, 1982, in the prin- cipal amount of $1,500,000. 2. That the term "Net Earnings of the System", as used in this certificate and report, means the gross revenues of the City's Water and Sewer System after deducting disbursements for ;E:ar tion and maintenance, but not deducting expenditures which under general]:, a-7epted accounting principles have been charged as cgl ital exp~~niitures. 3. That the Net rarnings of the System for the fiscal year next preceding the date of the aforesaid proposed bonds, which fiscal year ended on September 30, 1981, were at least 1.30 times the combined principal and interest requirements, and the Reserve Fund requirements, of the aforesaid proposed bonds, and the outstanding bonds of the following issues of said City: Water and Sewer System Revenue Bonds, Series 1960; Water and Sewer System Revenue Bonds, Series 1962; Water and Sewer System Revenue Bonds, Series 1964; Water and Sewer System Revenue Bonds, Series 1966; Water and Sewer System Revenue bonds, Series 1969; Water and Sewer System Revenue Bonds, Series 1972; M Water end Sewer System Revenue Bonds, Series 1974; Water and Sewer System Revenue Bonds, Series 1977; W,,.ter and Sever System Revenue Bonds, Series 1979, for the year when such requirements are the greatest. EXECUTED this the V day of 1982. ALEXANDER GRAPI/T~ 6 COMP by !z Ce i i Pu ^ Accountant THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME a un a igned authority, on this day person- ally appeared l a Certified Public Accountant, known to me to e e rson whose name is subscribe) to the foregoing certif_'rate, and acknowledged to me that he executed said certificate on the date stated therein. rAIVEN UNDER MY HAND and seal of office, this the Z day cf vv`~ r 1982. Nn _,,.r, Pu c in an r Dallas Countyr Texas. My Commission expires (NOTARY PUBLIC SEAL) GENERAL CZA11i'ICATE THE STATE OF TEXAS COUNTY OF D£NTON CITY OF DENTON We, the undersigned, hereby officially certify that we are the Mayor and City Secretary, respective.y, of said City, and we further certify as follows: 1. That said City is a duly incorporated Home Rule City, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City, which Charter has not been chanryed or amended since the passage of the ordinance authorizing the issuance of the City of Denton Electric System Revenue Bonds, Series 1982. 2. That no litigation of any nature has ever been filed pertaining to, affecting, o: contesting: la) the election which authorized the proposed City- of Denton Water and Sewer System Revenue Bonds, S-.iries 1982, dated May 15, 1982, in the principal amount of $1,500,000, (b) the issuance, delivery, payment, security, or validity of said proposed bonds, (c) the title of the present members and officers of the City Council of said City to their respective offices, or (d) the validity i of the corporate existence or the Charter of said City. 3. That none of the revenues or income of said City's Water and Sewer System have been pledged or encumbered to the payment of any debt or obligation of said City or said System, except in connection with the aforesaid proposed Series 1982 Bonds, and the outstanding Bonds of the following issues of revenue bonds of said City: Water and Sewer System Revenue Bonds, Series 1960; Water and Sewer System Revenue Bonds, Series 1962; Water and Sewer System Revenue Bonds, Series 1964; Water and Sewer System Revenue Bonds, Series 19561 Water and Sewer System Revenue Bonds, Series 1969; Water and Sewer System Revenue Bonds, Series 1972; Water and Sewer System Revenue Bonds, Series 1974; Water and Sewer System Revenue Bonds, Series 1977; Water and Sewer System Revenue Bonds, Series 1979, and with the surplus revenues thereof having been pledged in connection with that issue of City of Denton Certificates of Obligation, Series 1978, dated March 1, 1978, 4, That the Interest and Sinking Fund and the Reserve Fund, created and maintained for the benefit of the outstanding bonds listed above, in accordance with the ordinances, respect- ively, authorizing their issuance, each contains the amount now required to be on deposit therein, and the City iv not in de- fault in any of the covenants contained in the aforesaid ordi- nances, i if 5. That the statements and information set forth in the Official Statement dated March 15, 1982s pertaining to the aforesaid proposed Bonds and the City, and particularly thR Water and Sewer System operating statement and debt service requirements and coverage factors set forth rn page 5 thereof are true and correct, and the Water Rates and Sewer Rates set forth on page 8 thereof are currently in effect and were au- thorized by an ordinance duly passed by the City Council. SIGNED AND SEALED this 6th day of April, 1982. A y ecr tart' Ma r (SEAL) 1 L `1' T 1 Tile Attorney General of Texas :day 27, 1982 1A WHITE .RK 11o,ney General 'I'BIS IS TO CERTIFY that the following described bonds, together with authenticated copies of the .~wen,eewnFudd.nq proceedings relating to and authorizing the issuance o 60.12548 of same, have been submitted to me for examination uOn 70 75711 ue7s-zsai in accordance with the requirements of the statutes of the State of Texas, to-wit: CITY OF DEN'rON 11ATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982, issued by virtue of an Ordinance adopted by the City Council of said City of Denton, Texas on the 6th day of April, 1982, for the purpose of improving and extending the City's Sewer System; dated May 15, 1982; numbared consecutively from 1 to 300, inclusive; in the denomination of Five Thousand Dollars ($5,000) each; aggregating the principal sum of One Million Five Hundred Thousand Dollars ($1,500,000); maturing serially on July 15 in ouch of thu years as follows: 1983 50,000 1991 $ 900000 1584 100,000 1992/1993 100,000 1994/1998 150,000 1937/1990 75,00u bearing intettst from d--ite at the following rates per annum, to-wit: Bonds maturing 1983/1992 13.00% Bonds maturing 1993 12.208 bonds maturing 1994 12.40% Bonds maturing 1995 12.508 Bonds maturing 1996 12.704 Bonds maturing 1997 12.908 Bonds maturing 1998 11.125% * no bonds are scheduled to mature in the years 1985 and 1986 payable on July 15, 1982, and semiannually thereafter on January 15 and July 15 in each year while said bonds are outstanding; both principal and interest payable at C'.tibank, N.A., New York, New York, or, at the option of the bearer, at the First National Bank in Dallas, Dallas, Texas; said bonds being subject to prior redemption to the extent and in the manner provided in said authorizing Ordinance. Page -2- From a careful examination of said bonds and proceedings and the Constitution and laws of the State of Texas on the yit tijnrh of them executi^n and i~svinc,2 th: r!'nf, 1 find the following facts, to-wit: (1) That said City of Denton, Texas was, at the time of the adoption of the ordinance above referred to, and is, as of this date, legally incorporated; (2) That these bonds are a special obligation; and that the principal of and interest on these bonds, togek.her with other revenue bonds of said City, are payable from, and secured by a first lien on and pledg of, the Net Revenues of said City's Waterworks and Sewer System; (3) That said City has reserved the right, subject to the restrictions stated, and adopted by reference, in the Ordinance authorizing this series of bonds, to issue additional parity revenue bonds which also may be made pay,ible from, and secured by a first lien on and pledge of, the aforesaid Net Revenues; (4) That the holders of said bonds shall never have the right to demand payment of these obligations out of any funds raised or to be raised by taxation; (5) That the Ordinance authorizing the issuance of said bonds is in proper form and was legally adopted; (6) That said bonds and interest coupons attached thereto are proper in form and in accordance with the Ordinance authorizing their issuance. IT IS MY JUDGMENT, and I so find, that all of the require- ments of the laws under which said bonds were issued have been met; that said bonds were issued in conformity with the Constitution and laws of the State of Texas; and that said bonds are valid and binding special obligations of said City of Denton, Texas. WHEFEFORE, said bonds are hereby approved. IN T.ES 1::J::Y :9:IEItEOF, I have h:rconto signed my name offi- cially and caused the seal of my office to be impressed hereon, in the City of Austin, Texas. T. torn~y Gen:;ral of, the state of Texas No. 18205 Book No. 71 jh ron0 u4o-1.a OFFICE OF COMPTROLLER E OF THE STATE OF'fEXAS E 1, Bob Bullock, Comptroller of Public Accounts of the State of Texas, do hereby certify that the foregoing hereof is a true and correct copy or the opinion of the Attorney City of Denton Water and Sewer System Revenue Bolds, General approving the Series 1982 numbered consecutively from 1 to 300 of the denomination of S 5,000.00 -each, dated May 15 19 82 due See foregoing interest Various percent, under and by authority of which said bonds were registered in this office, on the 17th day of May 19 82 , as the same appears of record on page 478 Bond Register of the Comptrollers Office, Vol. _ 83 Register Number 46598 Given under my hand and sea] of office, at Austin, Texas, the ' 17th day of May -119 82 Bob Bullock Comptroler of Public Accounts of the State of Texas r"^"w ro,m 2140-1.031Rev. 11171 OFFICE OF COMPTROLLER l OF THE STATE OF TEXAS l Arlene Chisholm ❑ Bond Clerk le Assistant ,'^^•d Clerk in the office I, of the Comptrciler of the State of Texas, do hereby certify that, acting under the direction and troon the 17th day of Her of .aid Comp signed the name of said Comptroller to the certificate of registration indorsed upon each of the City of flenton Water and Sewer System Revenue Bonds, Series 1982 May 15, 1982 1 to 300 inclusive, dated - numbered from and tha in signing said certificate of registration I used the following signature: 17th day of IN WITNESS WHEREOF I have executed this certificate this May _ 19 82 1, Bob Bullock, Comptroller of Public Accounts of the State of Texas, do hereby certify that the person who has signed the above certificates was duly designated and appointed by me as Bond Clerk in the office of the Comptroller of Public, Accounts of the State of Texas under authority vested in me by Tex. Rev. Civ. Slat. 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 said certificate, and that the bonds described in said certificate have been duly registered in tl,e office of said _ o f volume 8 Registration 478 Comptroller, as appears of record on page Number 46598 in the Bond Register kept in the office of the said Comptroller. hand and seal of office at Austin. Texas, this 17t. h - day of GIVEN under my May 19 82 , fLt. BOB BULLOCK Comptroller of Public Accounts of th, State of Texas NO-ARBITRAGE CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON The undersigned, being the duly chosen and qualified Mayor and City Manager, respectively, of the City of Denton, Texas (the "City"), hereby certify with respect to that issue of City of Denton Water and Sewer System Revenue Bonds, Series 1982, dated May 15, 1982, in the principal amount of S1,500,000 (the "bonds"), as follows: 1. that we, along with other officers, are charged with the responsibility of issuing the bonds and ex- pending the proceeds of the bonds. 2. that this certificate and covenant are made pur- suant to Sections 1.103-13, 1.103-14, and 1.103-15 of the proposed income Tax Regulations (the "Regulations") of the Internal Revenue Service with respect to arbitrage bonds described in Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"), and the words and phrases used herein have the same meanings ' as defined and used in the Regulations. 3. that this certificate is based on facts, estimates, and circumstances in existence on the date of this cer- tificate, which is the date of issue of the bonds, and ` on such basis it is reasonably expected that the follow- ing -vill occur with respect to the bonds, and, to the- best knowledge and belief of the undersigned, such ex- pectations are reasonable: (a) that the bonds are issued for the purpose of providing money for improvements and extensions of the City's combined Waterworks and Sewer System (the "Sys- tem"); Ir (b) that the City will incur, withir. six months after the crate of issue of the bonds, binding obliga- tions to commence each of the projects, respectively, to be financed by the bonds, by entering into con- tracts for architectural or engineering services for such projects, w_+th the amount to be paid under each such contras:': with respect to each such project to be in excess of two and one-half percent of the part of the money from the bonds allocated to each such project, respectively (with the aggregate amounts to be paid under all of such contracts to be in excess of two and one-half percent of all rf the money received from the sale and delivery of the bonds); (c) that after entering into said contracts or mak- ing such commitments, work on all of such projects will proceed promptly and with due diligence to completion; (d) that all of the amounts receive.' from the saps of the bonds, including all investment income de- rived therefrom will be expended for the purposes of the bonds by the end of the three-year period beginning on the date of issue of the bondst (e) that none of the amounts received from the aale of the bonds will be placed in a reserve or replacement fund, and, except as provided in (g), below, none of the amounts received `.rom the sale of the bonds and none of the proceeds of the bonds of any kind will either (i) be placed in a reserve or replacement fund, or (ii) be used directly or indirectly to replace funds which were used directly or indirectly to acquire any securities or obli- gations of any kind; M that a separate and special "Interest and Sink- ing Fund" previously has been created and established to pay the principal of and interest on the bonds and other outstanding parity revenue bonds, with such fund being a bona fide debt service fund for the bonds and other out- standing parity revenue bonds; and money deposited into the "Interest and Sinking Fund" will not be invested ex- cept during the thirteen month period beginning on the date of each such deposit of money, and the amounts re- ceived from the investment of mene_v in the "Interest and Sinking Fund" will not be invested except during the one year period beginning on the date of receipt of such amounts; and it is expected that the "Interest and Sink- ing Fund" will be used primarily to achieve a proper matching of revenues deposited therein and debt service on the bonds within each bond year, and it is expected that the "Interest and Sinking Fund" will be depleted once a year on a first in - first out basis except for a possible carry-over amount which will not exceed the greater of one year's earnings on such fund or 1/12th of annual debt service payable from such fund; (g) that the bonds and other first lien parity bonds are secured by a first lien on e:id pledge of the Net Revenues of the City's Waterworks and Sewer system and are payable from the above "Interest and Sinking Fund"; and said bonds and other first lien parity bonds also are secured 'iy a separate and special reasonably required debt service "Reserve Fund" created and estab- lished for the purpose of paying the principal of and interest on the bonds and othez first lien parity bands, in case the amounts available from the "Interest and Sinking Fund" should be insufficient for such purpose, and to be used finally to retire the last of the out- standing bonds and other first lien parity bonds; and there is now held in the "Reserve Fund" the amount of $854,528, which s:es accumulated solely from revenues and such amount will be increased from revenues to an aggregate amount which is sufficient to make the "Re- serve Fund" contain an amount at least equal to the average annual principal and interest requirements on the bonds and other first lien parity bonds; and the aggregate amount to be on deposit in said "Reserve Fund" from any source will not excised such aggregate amount until and unless additional first lien parity bonds are hereafter issuedt and such aggregate amount at all times will be less than 158 of the original face amount of the bonds and other first lien parity bonds (all of which were sold at not less than par), and the amount to be held in the "Reserve Fund" will not be subject to Yield restrictions; (h) that, except as provided in (f) and (g), above, no money or amounts will be held or accumulated in or invested from any sinking fund, debt service fund, re- demption fund, reserve fund, replacement fund, or similar fund which is reasonably expected to be used to pay principal or interest on the bonds, either directly or indirectly; (i) that the amounts received from the sale of the bonds will not exceed the amounts necessary for the governmental purposes of the bonds; f•,) that the City has not been notified of any feting of it by the Internal Revenue Service as an issuer that may not certify its bonds. 4. that it is not expected that the proceeds of the bonds will be used in any manner that would cause such obligations to be arbitrage bonds under Section 103(c) of the Cude and this Requlationa prescriLed under Chat Section, and it is further specifically covenar.',ed that the pro- ceeds of the bonds will not be used directly or indirectly so as to cause all or any part of the bonds to be or become arbitrage bonds within the meaning of that Section or the Regulations prescribed by that Section. 5. that to our best knowledge and belief there are no other facts, estimates, or circumstances that would ma- terially change the forec;nina conclusions or statements. EXECUTED this t~y 2 U 1982 y r, Cit o De on, Te City Manager, Cl of Dento Texas (SEAL) OPINION OF BOND COUNSEL Based on our examination of law and review of the above certification and the covenants with respect to arbitrage contained in the Ordinance authorizing the bonds described in such certification, it is our opinion, as Attorneys at Law and Bond Counsel to the City that the far.ts, estimates, and circum- stances are sufficiently set forth i.3 the certification to satisfy the criteria which are necessary under Section 103(c) of the Internal Re-Fenue Code of 1454, as anended, and Sections 1.103-13, 1.103-14, and 1.103-15 of the Income Tax Regulations of the Internal Revenue Service with respect to arbitrage bonds, to support the conclusion that the obligations of the issue of bonds described in the above certification will not be arbitrage bonds within the meaning of said Code and Regula- tions. Further, it is our opinion that the bonds described in the above certification are not arbitrage bonds within the meaning of said code and Regulations. --irC_<<oy~~ MCC L, PA URST & [i-UAN ATTORNEYS AT LAW 1400 MERCANTILE BANK BUILDING DALLAS, TEXAS 75201 SIGNATURE IDENTIFICATION AND NO-LITIGATION' CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned, hereby certify as follows: (a) That thii certificate is executed and delivered with reference to that issue of City of Denton Water and Sewer System Revenue Bonds, Serie: 1982 , dated May 15, 1982 , in the princ,pal amount of $ 1, 500 , 000 W That the officially executed and signed said Bonds and the interest coupons attached thereto by causing i,,•similes of our manual signatures to be imprinted or lithographed on each of said Bonds and interest coupons, and we hereby adopt said facsimile signatures as our own, rtcnectivei- and declare that said facsimile signatures constitute our signatures the same as if we had manually signed each of said Bonds and interest coupons. (c) That said Bonds and interest coupons are substantially in the form, and have been duly ex- ecuted and signed in the manner, prescribed in the order, resolution, or ordinance authorizing the issu- apce of said Bonds and interest coupons, , (d) That at the time we so executed and ;igned said Bonds and interest coupons we were, and at the time of executing this certificate we a,c, t'uc July chosen, qualified, and acting officers indicated therein, and authorized to execute the same. (e) That no litigation of any nature has been filed or is now pending to restrain or enjoin the issu- ance or delivery of said Bonds or interest coupons, or which would affect the provision mi-qe for their payment or security, or in any manner questioning the proceedings or authority concerning the issu- ance of said Bonds and interest coupons..nd that so far as we know and believe no such litigation is threatened. (f) That neither the corporate existence nor boundaries of said issuer is being contested, that no litigation has beca filed or is now pending which would affect the authority of the officers of said issuer to issue, execute, and deliver said Bonds and interest coupons, and that no authority or proceedings fnr the issuance of said Bonds and interest coupon! have been repealed, revoked, or rescinded. (g) That we have caused the official seal of said issuer to be impressed, ; Tinted, or lithographed of ^ach of said Bonds; and said seal on said Bonds has been duly adopted as, aw, is hereby declared to be, the official seal of said issuer. EXECUTED and delivered this MAY 2 a 1982 MANUAL GNATURES OFFICIAL TITLES t r Mayor City Secretary The signatures of the officers subscribed above are hereby :ertified to be true and genuine. (BANK SEAL) First.,.State,„9ank,,,of,,,Dento{l.r.„Tgxas Bank Authorized Officer LAN' nr7ICL3 MCC&% PLAtor" ! Sonde 1100 Kawmuf Bmk Buiwinr Dana., raw mist TREASURER'S RECEIPT THE STATE OF TEXAS: COUNTY OF DENTON CITY OF DENTON The undersigned hereby certifies es follows- (a) That this certificate is executed and delivered with reference to that issue of I City of Denton ;dater and Sewer System Revenue Bonds, Series 1982, dated May 15 , 1982, in the principal amount of $ 1,500000 (b) That the undersigned is the duly chosen, qualified, and acting Treasurer of the issuer of said Bonds. V (c) That all of said Bonds have been duly delivered to the purchasers thereof, namely: Kidder, Peabody & Co., Inc. (d) That all of said Bonds have been paid for in full by said purchasers concurrently with the delivery of this certificate, and the issuer of said Bonds ha- received, and hereby acknowledges receipt of, the agreed purchase price for said Bvnd3, being the par or principal amount thereof and accrued Interest to the date of delivery, (e) That all interest coupons representing interest scheduled to come due on said Bonds were attached to said Bonds at the time of delivery thereof; except that all interest coupons, if any, scheduled to come due prior to the date of delivery of said Ponds were detached and cancelled prior to said delivery. EXECUTED and delivered this MAY 20 1982 ~~Iw - TREASURER CLOSING CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. That this certificate is executed for and on behalf of said City with reference to the issuance of the p.oposed CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1582, DATED MAY 15, 1982, in the principal amount of $1,500,000, and its Official. Statement with respect thereto: 2. That, to our best knowledge and belief: (a) the descriptions and statements of or per- taining to the City contained in its Official State- ment dated March 15, 1982, and any addenda, supple- ment, or amendment thereto, for its $1,500,000 S4ater and Sewer System Revenue Bonds, Series 1982 on the date of such Official Statement, on the date of sa1-~ of said Bonds and the acceptance of the best bid there- for, 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, includ- ing its financial affairs, are concerned, such official Statement did not and does not contain an untrue state- ment of a material fact cr emit to state a material fact required to be stated therein or necessary to make the stances statements swhich therein, they in emade, ;not misleading; (c) insofar as the descriptions statements, in- cluding financial data, o, 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 that 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 of of c the the date City. the financial nstatements since the last audited financial SIGNED AND SEALED this MAY 241982 -&4t y11d.~ a r cr ecar (SEAL) LAW OrrICES MCCALL, PARKHURST S HORTON ..01 a .01 ra. 1400 MERCANTILE BANK .nu M Te n "VIL DING •o. M .ow'"+r DALLAS, T • cr..o c ro.a. ERAS 75201 •NCno ...n.t. o c"••u .oo ea•.4. Cor[ 2~. +a OeN o ++cc a.L 4o[t -io et' IN try rya !'9001 M'•so q...ygn f'{Oe-•+11 wc"0190" Mn rm. cue Ewct t. c+o..t paot aetl ,o,N • •y.o„o" My 2 0 1982 TwOMy . py•a[ON A CITY 01' DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1982, DATED MAY 15, 1982, IN T4E PRINCIPAL AMOUNT OF $1,500,000 AS BOND COUNSEL for the City of Denton, Texas, the issuer (the "Issuer") of the bonds described above (the "Bonds"), we have ~-xamined into the legality and validity of the Ronds, Which bear interest from their date, until maturity or redcrmp- tion, r;t the fol1O%'ir,, rates per annum: rnatuxities 1983, 13.CO% maturities 1991, 13.00% maturitie6 1984, 13.00% maturities 1992, 13.00% maturities 1987, 13.00% maturities 1993, 12.20% maturities 1994, 12.40% maturities l 988, 13.00% maturities 1989, 13.00% maturities 1995, 12.50% maturities 1990, 13.001 maturities 199, 12.70% maturities 19977, 12.90% maturities 1998, 11.125% evidenced by interest coupons payable on JULY 15, 1982, and semiannually thereafter, and maturing serially on JULY 15 in each of the years 1983, 1984, and 1987 through 1998, and with the Bonds being redeemable prior to their scheduled maturities on JULY 15, 1992, or on any interest payment date thereafter, in accordance with the terms and conditions stated on the face of each of the Bondi. WE HAVE EXAMINED the applicable and pertinent provisions of the Constitution and laws of the State of Texas, and a tran- script of certified proceedings of the Issuer, and other pertinent instruments authorizing and relating to the issuance of the Bonds, including one of the executed Bonds (Bond No. 1). BASED ON SAID EXAMINATION, IT IS OUR OPINION that said Bonds have been authorized, issued, and delivered in accordance with law, and constitute valid and legally binding special obligations of the Issuer; and that the interest on and prin- cipal cf said Bcnds, together with other revenue bonds of said City, ars payable from, and secured by a first lion nn arl pledge of, the Net Revenues of said Cityls Waterworks and Sewer System ("Net Revenues"). ALSO, IT IS OUR OPINION that the interest on the Bonds is exempt from Federal Income Taxes under existing statutes, regulations, rulings, and court decisions. WE HAVE ACTED AS BOND COUNSEL for the Issuer for .he sole purpose of rendering an opinion with respect to the legality and validity of the Bonds under the Constitution and laws of the State of Texas, and with respect to the exemption of the interest on the Bonds from Federal Income Taxes, and for no other reason or purpose. Wa have not been requested to in- vestigate or verify, and have not independently investigated or verified, any records, data, or other material relating to the financial condition or capabilities of the Issuer, and have not assumed any responsibility with respect thereto. We have relied solely on information and certificates furnished to us by the issuer with respect to past and future "Net Revenues". i'st Ied it !as reserved the right, subject to the restric- the Bond Ordina ~ions ate3 ir. r_~e, to issue addi revenue bonds wilich may be made tional payable from, and secured a first lien on and pledge of, the aforesaid "Net Revenues„Pari parity THE HOLDERS OF THE BONDS, and the interest coupons aPPer- taming thereto, shall never have the right to demand n thereof out of ay funds raised or to be raised b payment by taxation. Respectfully, 1 N