HomeMy WebLinkAbout1982
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M~rrro
PERTAINING,
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Cl f OF DENi'ON ELECTRIC SYSTEM REVENUE BONDS,
SERIES 1982
$3,000,000
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LAW OFFICES
MCCALL, PARKHURST E1 HORTUN
. 1400 MLACANTILt aANK EUILCINO
DALLAS TEXAS 79201
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CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS,
SERIES 1982
$3,000,000
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• TRANSCRIPT OF PROCEEDINGS
WITH DELIVERY PAPERS
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ADDENDUM TO OFFICIAL STATEMENT
• ON
$3,000,000
CITY OF DENTON, TEXAS
(Denton County)
UECTRIC SYSTEM REVENUE BONDS, SERIES 1982
• Selling Tuesday, March 2, 1982, at 7:00 PM, CST
The following table repleces the one shown on Page 9 of the Official Statement:
Forecasted Peak toads and Resources (In Megawatts)
Peak Net Reserve
Year Loads Resources Mar in %
Tml -TT
1983 142 257 2 81
1984 151 271 3 79
1985 161 28S 4 77
1986 170 1185 68
1987 178 285 60
• 1988 187 285 52
1989 195 285 46
1990 202 285 41
1991 210 285 36
1` ?t;ttd tap ability,
2~ T*i Gibbons Creek, Dt,.'.on's 20% allocation (78M14) (see "Texas Municipal Power Agency").
i C:mant*t Pcak Unit 1 1f!:".,`
Comanche Peak Unit 2 i14HYl~.
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444/444/
FIRST SINJTNHEST COMPANY
Financial Advisor
• February 16, 1992 -
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ADDENDUM TO OFFICIAL STATEMENT
• ON
$3,000,000
CITY OF DENTON, TEXAS
(Denton County)
ELECTRIC SYSTEM REVENUE BONDS, SERIEL 1982
•
Selling Tuesday, March 2, 1982, at 1:00 PM, CST
Please substitute the revised pages 5, 21, 22 and 23 in the
• Official Statement on the above bonds.
•
FIRST SOUTHWEST COMPANY
Financial Advisor
• - February 26, 1982 -
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SECURITY FOR PAYMENT
These Bonds will constitute special obligations of the City, each payable as to both principal
and interest and equally secured by a first lien on and pledge of the revenues of the Electric
System (the stem"), after aaducslon of reasonable expenses of operation and maintenance, as
provided by the General Laws of the State of Texas, particularly Articles 1111 et seq.,
V,A,T,C,S.
ELECTRIC SYSTEM CONDENSED STATEMENT OF OPERATIONS
s omitted)
Fiscal Year Ended 9.30-81 9.30-80 9-30-79 9-3078 9-30.77
evenuell- s'-
Vesf~ential S 8,327 S 7,600 S 6,045 S 6,575 S 5,660
Commercial and Industrial 16,255 12,629 11.061 10,979 10,363
Other 1 42 1 518 1 121 1 089 1 685
Total Revenues ffil W- 3&W, Trkm 318.34, n T.
Expenses (Excluding Depreciation)
~ e1- 318,054 $14,393 :11,090 $11,179 310,380
Other 3 971 2.62 2 614 2 414 2 293
Total Expenses T2f`t T[77 3T3 tt Tf3 t n 4"M,
Net Operating Revenues S 3,959 3 4,744 S 4,524 f 5,050 S 5,035
Non-Operating Revenues* 789 794 464 317 235
Net Revenues Available for Debt Service TTT9 T3 338 T414g$ 5-547 T3 Td
Average Number of Customers
es e-RA nfTaT- 16,225 15,705 13,870 12,)31 12,445
Commercial and Industrial 2,186 2,420 2,608 2,603 2,410
Other 145 07 312 310 312
Total Customers -9;1W 18,Z62 16,790 -T5,A44 -73 M.
0 k Net of $388,048,99 interest income restricted for use In the retirement of Refunding Bonds.
Average Annual Principal and Interest Requirements, 1982-2008 $ 1,662,848
Coverage of Average Requirements by 9.30-81 Net Revenues 2.86 Times
Required Coverage:
Payment to Retirement Fund for Series 1976 Bcnds $ 1,650,648
0 Average Annual Requirements for Series 1982 Bonds 416 270
rotal Requirements for Coverage • S ?,256,418
Coverage by 9-30-81 Net Revenues 2.09 Times
Electric System Revenue Bonds to be Outstanding after
Issuance of These $3,000,000 Bonds $22,255,000
0 Bond Retirement Fund, 1.1.82 S 4,058,876
Reserve Fund, 1.1.82 S 2,250,000
Contingency Fund, 1-1.92 S 250,000
AUTHORIZED BUT UNISSUED R£4ENJE BONDS - NONE
• PROCEEDS
Proceeds from the sale of the Bonds will be used for site acquisition and construction of in
electric substation and related transmission lines, expansion and improvements of the existing
system and the initial phase of a proposed hydroelectric project on lake Lewisville.
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major part of total requirements, the City has underground sources consisting of seven deep
wells drilled into the Trinity Sand Group, comprising the Paluxy and Travis Peak sands. The
average daily production capability frean 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
orpi~f Engrs 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 Enginaers, the
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 entitled to receive up
to 19 million gallons per day. This amount, plus a safe yield of 4.5 million gallons per day
obtained from the present water rigLts in Lewisville Reservoir, will be sufficient to meet the
City's estlmated water needs through the year ?005. The City of Denton is presently conducting
a long ra ge water supply study to determine water requirements and alternatives after 2000.
Water Usage
• Average Maximum Average Maximum
Year TTda4~ 3 11 fear "3 D
114,
110000 1978 8,394,000000 11 64,'
441696,00000
1973 6,636,907 2,11175,0 16,466,000
1974 6,822,000 12,620,070 1979 7,920,820 14,560,000
1975 7,216,282 13,350,000 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-
men facility. the 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 b>gin in the
Spring of 1982. The City will be taking bids for advanced secondary treatment effluent filters
for the plant in early 1992. The effluent filters are required to meet future water quality
• effluent criteria. The estimated cost of the filters is $I.? 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.
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
• nc~- Tr, UV, M Ts,3DT,M $4,184049 $3,551,378 TFTTF,M
Expense 3,058,928 2,531,341 2,163,339 1,978,870 1,703,904
Net Available for Debt
Service $1.623,858 $1,976,398 $2,020,707 $1,572,508 f 868.881
Water Customers 13,506 13,292 13,094 12,787 12,327
Sewer Customers 13,020 12,883 12,634 12,268 11,817
• Average Annual Principal and Interest Requirements, 1982-2000 S 850,526
Coverage of Average Requirements by 9.3G-81 Net Income 1.91 Times
Maximum Principal, Interest and Reserve Requirements, 1985 $ 1,221,485
Coverage of Maximus Requirements by 9-30-81 Net Income 1.33 Times
A Water and Sewer System Revenue Brads Dutstanding, 1.1.82 f 8,975,000
Interest and Sinking Fund, 1-1.82 S 692,800
Reserve Fund, 1-1.82 S 848,954
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MONTHLY WATER RATES
(E ec ve ay , 1)
• 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 $5.50 plus
'Vuiume Charge 0.94/M gallons
MONTHLY SEWER Pr.TES
(Ef ec ve pr , T481)
• Residential Commercial/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 $2.50 plus Facility Charge $5.50 plus
• Volume Charge 0.74/M gallons Volume Charge 0.81/M gallons
Note: Ali service outside City Limits at 115% of above rates.
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RRR RR RRI
VALUATION AND DEBT INFORMATION
• 1981 Taxable Assessed Valuation (100% of Actual) $663,437,088
City Funded Debt Payable From Ad Valorem Taxes:
General Obligation Bonds (as of 1.1-82) $ 13,990,000
Interest and Sinking Fund (as of 1.1.82) $ 30,831
• Ratio Total Funded Debt to Taxable Assessed Valuation 2.11%
1981 Estimated Population - 51,1508
Per Capita Taxable Assessed Valuation - $12,970.47.
Per Capita Total Debt - $273.51
Area - 33.2 Square Miles
• a Source: North Central Texas Ciuncil of Governments.
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Note 11 Pursuant to authority permitted by Section 1-b, Article VIII of the State Consti-
tution, which became effective January 1, 1913, the City has granted an exemption of up to
516,666 of Assessed Valuation to the residence homestedd 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, 'ATCS,
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 rang Log from S1,5DO to 33,OD0, 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 S04,601 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 from the net reverues of the System, as defined in the
Bond Ordinance authorizing the bonds: $1,975,000 Water and Sewer Revenue Bong $19,255,000
• Electric System Revenue Bonds; and 53,000,000 Electric 5/stem 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 ari as follows;
• 1982 $121,621
'983 121,621
1984 121,475
1915 103,157
1986 35,789
The City has no other non-funded debt as of January 1, 1982.
• VALUATION AND FUNDED DEBT HISTORY
Ratio Funded
funded Debt Debt to
Taxable Outstanding Taxable
Fiscal Assessed at End Assessed
Period Valuation of Year Valuation
• 1972-11 773 102 22~;2,'M I B,I~65 7.99%
1974-75 112,158,726 7,695,000 6.86%
1975-76 124,327,113 9,585,000 7.71%
1976.77 136,S40,625 12,024,000 8.61%
1977-78 211,339,229(1) 11,533,934 4.25%
1978-79 288,902,702 15,215,101 5.27%
• 1979-80 304,943,680 15,364,488 5.040
1980-81 337,948,941 15,053,000 4.45%
1981.82 663,437,088(2) 12,935,00,)(3) 1.95%
(1) Increased basis of assessment from 40% to 6D%.
2)1 Increased basis of assessment from 60% to 100%.
3 Projected.
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• NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
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SJ,ODO,000
CITY OF DENTON, TEXAS
(Denton County)
ELECTRIC SYSTEM REVENUE BONDS, SERIFS 1982
• Selling Tuesday, March 2, 1982, at 7:00 PM, CST
TIIE SALE
Bends Offered for Sale at Com etitive Bidding The City of Denton, Texas (the "City"1s
a er ng or sale s ec c System Revenue Bonds, Series 1982 (the "Bonds").
• Address of Bids Sealed bids, plainly marked "Old for Bonds", should be aderessed to "Mayor
a_n3_CT'ty ouncil, City of Denton, Texas", and delivered to the Director of Finance, City
Council Chamber, City Hall, 215 E. McKinney Street, Denton, Texas, prior to 7:00 PM, CST, on the
date of the bid opening. All bids must be submitted on the Official Old Form, without
alteration or interlineation.
Place and Time of 61d We nin The Clty Council will open and publicly read the blds for the
purchase of the Bonds t e City Council Chamber, City Hall, 215 E. McKinney Street, Denton,
• Texas, at ?:00 PM, CST, Tuesday, March 2, 1982.
Award of the Bonds The Clty Council will take action to award the Bonds (or reject all bids)
promp'y after (hie opening of bids, and adopt an Ordinance authorizing the Bonds (the "Ordt-
nantc") and approving the Official Statement.
THE BONDS
• Description The Bonds will be dated April 1, 198?, and interest coupons will be due on
ecem er 1982, and each June 1 and December 1 thereafter until the earlier of maturity or
prior redemptlon. The Bonds and interest coupons attached thereto will be payable at The Fort
Worth National Bank, Fort Worth, Texas, or, at the option of the holder, at the first State Bank
of Denton, Denton, Texas. The Bonds will wature serially on December 1 In each year as follows:
Principal Principal Principal
• TW 3-75n, TTM YIm 370"M
1984 75,000 1990 200,000 1996 200,000
1985 75,000 1991 200,000 1997 200,000
1986 75,000 1992 200,000 1998 200,000
1987 100,000 1997 200,000 1999 200,000
1988 200,000 1994 200,000 2000 200,000
• The City reserves the right, at its option, to redeem Bonds maturing December 1, 1992, through
December 1, 2000, both inclusive, in whole or any part thereof, on December 1, 1991, or any
interest payment date thereafter, at the par value thereof plus accrued interest to the date
fixed for redemptlon.
Source of Payment Th^ Bonds a , special obligations, payable solely from and secured by a
nff~f en__a_nT pledge of the revenues of City's Electric System, after deduction of reason-
able expenses of operatlon and maintenance.
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CON9ITIDNS OF THE SALE
Typo of Bids and Interest Rates . The Bonds will be sold in one block on an "All or bone"
s aTs-, aT ce o~ no~Tss 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
Bor..., provided that each rate bid must be in a multiple of 1/8 of 1% or 1120 of 1% and the
effective Interest rate must not exceed M. The highest coupon rate bid may not exceed the
• lowest coupon rate bid by more than 2% in coupon rate. No limitation is Imposed upon bidders as
to the number of rates or coupon chan;es which may be used. All Bonds of one maturity must bear
one and the same rate. No bids involving supplemental coupons will be considered. Each bidder
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shall state in his bid the total interest cost in dollars and the net effective interest rate
determineJ thereby, which shall be considered informative only and not as a part of line bid.
Basis fr,r Award For the purpose of awardlnq the sale of the Bonds, the interest cost of each
bTd wlTl-e omputed by determining, at the rate or rates specified therein, the total dollar
cost of all interest on the Bonds from the date thereof to their respective maturities, using •
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 anv irregularities 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 Faith De Ws A Good Faith Deposit, payable to the "City o' Denton, Texas", in the
amount o 0, is required. Such Good Faith Deposit shall be 1r, the form of a Cashier's
Check, or its equivalent, which is to be retained uncashed by the City ending the Purchaser's e
compliance with the terms of his bid and the Notice of Sale and Bidding 1,structions, 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 interest will be allowed on the Good Faith Deposit, in the event the Purchaser
should fail or refuse to take up and pay for the Bands in accordance with his bid, then said
check shall be cashed and accepted by the city as full end complete liquidated damages. The
checks accompanying bids other than the winni,g bid will be returned immediately after the bids
are opened, and an award of the Bonds has been made.
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
Printed Bonds . The City will furnish printed Bonds which will be executed by the facsimile .
i gT natures oT thellayor and Secretary of the City, and by the manual signature of the Comptroll-
er of Fubllc Accounts of the State of Texas. The Bonds will be in coupon form without privilege
of registration as to principal or interest.
CUSIP Numbers . It is anticipated that CUSIP ident1Flcat1en numbers will be printed on the
Bondi, ud neither 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 arcfpt deliv-_ry of
and pay for the Bonds In accordance with the terms of tin!: Notice of Sale and the t^_rmt of the ~
Official Bid Form. All expenses In relation to the printing of CUSIP numbers on the Bands shall
be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment
of the numbers shall be the responsibility of and shall be paid for by the Purchaser,
Deliver The Bonds will be tendered for delivery to the Purchaser at any bank in Austin,
eras, 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 Bands. It is
anticipated that delivery can be made on or about April 6, 1982, and it is understood and agreed
that the Purchaser will accept delivery and make payment for the 00,-.JS by 10:00 AM, CST, on
April 6, 1982, or thereafter on the dAto the Bonds are tendered for delivery, up to and
including April 20, 1982. If for any reason the City is unable to make oelivery on or before
April 20, 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 relleved of any further obligation, In no event shall
the City be liable for any damages by reason of its failure to deliver the Bonds, provided such
failure is due to circumstances beyond the City's reasonable control.
ConEitions to Delivery The obligation of the Purchaser to take up and pay for the Bonds is
su ec o-TFe-hur-c~aser's receipt of (a) the legal opinion of Messrs. McCall, Parkhurst d
Horton, Dallas, Texas, Bond Counsel for the City ("Bond Counsel'), (b) the no-litigation
certificate, and (c) the certification as to the Official Statement, all as further described
in the Official Statement.
Legal Opinions The Bonds are offered when, as and if issued, subject to the unqualified
legal opinion of the Attorney General of the State of Texas, and Messrs, McCall, Parkhurst E,
Horton (see Legal Opinions in Official Statement); the opinion of said firm will be printed on
the Bonds.
Certification of Official Statement At the time of payment for arJ delivery of the Bonds,
the City will execu ti -arid 7eT e to the Purchaser a certificate In he form set forth In the
Official Statement.
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Changge in Tax Exem t Status At any time before the Bonds are tendered for delivery, the
Purchaser may wig raw s old if the interest received by private holders from bonds of the
same type and character shall be declared to be taxable income under present Federal income tax
laws, either by ruling of the Internal Revenue Service or by a decision of any Federal court, or
shall be declared taxable or be required to be taker. Into account In computing any Federal
t! income taxes, by the terms of any Federal Income tax law enact,d subsequent to the date of this
Notice of Sale and Bidding Instructions.
GENERAL
Financial Advisor's RI ht to Bid First Southwest Company, the City's Financial Advisor,
reserves the r g to an the Bonds.
Blue Sky Laws By submission of his bid, the Purchaser represents that the sale of the Bonds
nos aTee ofFier 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. u s mere y 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 no
eu or re ut un ssue Electric System Revenue Bonds.
S
Rat ln s The outstanding Electric System Revenue Bonds of the Clty are rated "A" by Moody's
nves ors Service, Inc. and "A+' b, Standard d PODr's Corporation, Applications for contract
ratings on this issue have been made to both Moody's and Standard d Poor's. The results of
their determinations will be provided as soon as possible.
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Municipal Bond Insurance In the event these Bonds are qualified for municipal bond insur.
ante, and the PurcFiaser 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 cop les of
the ffic a a emert (and 50 copies of any addenda, supy?pment or amendment theret, 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 50 copies, and may also arrange, at his total expense and responsibil-
ity, for completion and perfection of the first or cover page of the Official Statement so as to
reflect interest rates and ether terms and Information related to the reoffering of the Bonds.
The City assumes no responsibility or obligation for the distribution or delivery of any of
these copies to any one at, er than the Purchaser.
Additional Copies of Notice Bid Form and Statement A limited number of additional copies
T lhTs~lo c o a e ar~${adrng ThruciTons the Official Bid Form and the Official
Statement, as available ov r and above the normal mailing, may be obtained at the offices of
First Southwest Company, investment Bankers, 800 Mercantile Dallas Building, Dallas, Texas
75201, Financial Advisor to the City.
The City reserves the right to reject any rid all bids and to waive `rregularitfes, except time
of filing.
On the date of the sale, the City Council will, in the 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 to the reoffering of the Bonds by the Purchaser.
ATTEST: DICK STEWART
Mayor
CHARLOTTE ALLEN
City Secretary
February 15, 1982
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5049 YEARS
Accu,nulated
Year Amount Bond Years Bard Years Year •
1983 1 /i,""o 125.000 115.000 1983
1984 75,000 200.000 325.000 1984
1985 75,000 275.000 600.000 1985
1;66 7:,000 350.000 950,000 1986 •
1987 100,000 566.666 1,516.666 1987
1988 200,000 1,333.333 2,849.999 1988
1989 200,000 1,51.333 4,383.332 1989
1990 200,000 1,733.333 6,116.665 1990
1991 200,000 1,933.333 8,049.998 1991
1952 200,000 2,133.333 10,183.331 1992
1993 200,000 2.L 3.333 12,516.664 1993
1994 200,000 2,533,333 15,049.997 1994 O
1995 200,000 2,733.333 17,783.330 1995
1996 200,000 2,933.333 20,715.663 1996
1997 200,000 3,133.33 23,849.996 1997
1998 200,000 3,333.333 27,183.329 1999
1999 200,000 3,533.333 30,716.662 1999
2000 200,000 3,733.333 34,449.995 2000
Average Maturity ........•...11.483 Years
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OFFICIAL BID FORM
Honorable Mayor and City Council March 2, 1982
City of Denton
nenton, Texas
Gentlemen:
Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated
February 15, 1983, of 53,000,000 IITY OF DENTON, TEXAS ELECTRIC SYSTEM REVENUE BONDS, SERIES
1982, both o whi:h constitute a part hereof.
for your legally issued Bonds, as described in said Notice of Sale and Bidding Instructlo,. 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;
Intcucsr Nitc'est Interest
Mat r ity Rate Mll~lrity Rate Maturity_ Rate
1?l-i7r^3 % 12-1.1989 % 12-1-1995
12-1-1931 % 12-1-1990 % 12-1-1996
12-1-1995 % 12-1-1991 % 12-1-1997 _Y
12-1-1986 % 12-1-1992 % 12-1-1998 %
12-1.1987 % 12-1-1993 % 12-1-1999 %
12.1-1983 12-1-1994 % 12-1-20'00
Our calculation (which is not a part of this bid) of the interest cost from the above is:
Total Interest Cost
Less Premium
NET INTEREST COST
• EFFECTIVE INTEREST RATE
_ Check ~f the Bank,
in LFe amount of~6-3f,000.00, 4h1-1h rerre>entTour ~oo~ Faith JeDOSIt (is attachedrereEoT_6r
(has been made available to you prior to the opening of this bid), and is submitted in
accordance with the terms as set forth in the official Statement and Notice of Sale and Bidding
Instructions.
• We agree to accept delivery of and make payment for the Bonds at Bank,
Austin, Texas, not later than 10:00 AM, C5T, on April 6, 1982, or fl -ereter on ire mate the
Bonds are tendered for delivery, pursuant to the terms set forth In the Notice of Sale and
Bidding Instructions.
Respectfully submitted,
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By
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby In all things accepted by the City of Denton, Texas, this
the 2nd day of March, 1982.
ldeyor
ATTEST:
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Return of Good Faith Deposit is hereby acknowledged;
OFFICIAL BID FORM
Honorable Mayor and City Council March 2, 1982
City of Denton
Denton, Texas
Gentlemen:
Reference is made to yodr Official Statement and Notice of Sale and BiddH9 Instructions, dated
February 15, 1922, of 53,000,000 CITY OF DENTON, TEXAS ELECTRIC 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 S for Bonds maturing and bearing interest
as follows:
Interest Interest interest
Maturity Rate Maturity -Rate- Maturity Rate
12-1-1983 1 12-1-1989 -_-X 12-1-1995
12-1.1984 % 12-1-1990 X 12-1-1996 %
12.1-1985 % 12.1-1991 % 12-1-1997 %
12-1-1986 it 12-1-1992 12-1.1998
12-1-1987 % 12-1-1993 % 12-1.1999 %
12-1-1988 % 12-1-1994 % 12-1-2000 %
• Our calculation (which is not a part of this bid) of the interest cost from the above 1;:
Total Interest Cost
Less Premium
NET INTEREST COST
• EFFECTIVE INTEREST RATE
Check of the Bank,
nI'fhe amount bf 5 6,600.00, which repe>ents ouour ,Vaud faith eposit (is aTFceeheretol or
(has been made available to you prior to the opening of this bid), and Is submitted in
accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding
Instructions.
• We agree to accept delivery of and make payment for the Bonds at Bank,
Austin, Texas, not later than 10:00 AM, CST, oa April 6, 1982, or t e roaster on the Date the
Bonds are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and
Bidding Instructions.
Respectfully submitted,
By
' Su or fiedTepresedfat~ve-"-
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this
the 2nd day of March, 1982.
ATTEST:
• - -----~ity~cretary
Return of Good Faith Deposit is hereby acknowledged:
By
•
•
•
CITY OF DENTON) TEXAS
(Denton Ooaaty, Texaco)
e.
$3,000,000
ELECTRIC SYSTEM
REVENUE BONDS, SERIES 1982
Selling Tuesday, March 2, 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
ofvthese 8onds,aandnifrgimke any ven or representat fort, other
or than
representationcontained
mustherein, be reliedconnection
uponwith
The tinformatiooffering
• 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 implicntlon that there has been no
change in the affairs of the City since the date hereof.
OFFICIAL STATEMENT
• Dated February 15, 1982
INTEREST EXEMPT, IN THE OPINION OF BOND COUNSEL, FROM PRESENT FEDERAL INCOME
TAXES UNDER EXISTING STATUTES, REGULATIONS AND COURT DECISIONS
$3,000,000
CITY OF DENTON, TLXAS
(Denton County)
ELECTRIC SYSTEM REVENUE BONDS, SERIES 1982
Dated: April 1, 1982 Denomination: $5,000
Principal and semi-annual interest (June 1 and December 1) payable at
The Fort Worth National Bank, Fort Worth, Texas,
or, at the option of the holder, at
First State Bank of Denton, Denton, Texas.
First interest coupon due December 1, 1982.
Coupon bearer bonds, not registrable.
These bonds (the "Bonds') are the final installment of S15,000,000 Bonds authorized at an
election held December 9, 1967, and 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 Electric System, after deduction of reasonable expenses of operation and
maintenance, as provided by the General Laws of the State of Texas, particularly Articles 1111
et seg., Revised Civil Statutes of Texas, 1925, as amended.
MATURITY SCHEDULE
Amount
b Marz--rtorrygl Rate Yield Amount -T2- riit %v Rate Yield
75,000 12-1-1984
991+
75,000 12-1-1985 200,E 12-1-11993
75,000 12-1-1996 200,000 12-1-1994+
100,009 12-1-1987 200,000 12-1-199 5
200,000 12.1-1988 200.000 12-1-1996
200,000 12-1-1989 200,000 12-1-1997
200,000 12-1-1990 200,000 12-1-1998,
200,000 12-1-1991 200,000 12-1-1999
200,000 12-1-2000,
The City reserves the right, at its option, to redeem Bonds maturing December 1, 1992,
through December 1, 2000, both inclusive, in whole or any part thereof, on December 1, 1991, 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 Attorrpv Gpnpral of the Stat, of Texas, aid
Messrs, c sTT~i-rUurs Hor o1 orne s alias Texas.
infonted"on lTe_on em Lega._ptnTons.
Delivery; Antit1pated on •r about April_ 6, 1982
L
•
TABLE OF CONTENTS
Page
Official Statement: •
Description of the Bonds 1
Elected Officials 3
Appointed Officials 3
Consultants and Advisors 3
Introductory Statement 4
Security for Payment 5
Electric System Condensed Statement of Operations 5
Authorized But Unissued Revenue Bonds 5
Proceeds 5
Debt Service Requirements 6
Value of the System 7
City's Equity in System 7
Electric System 7/13
Selected Provisions of the Ordinance 13/2D
Water and Sewer Systcn 20121
Water and Sewer System Condensed Statement of Operations 21
Monthly Water Rates 22
Monthly Sewer Rates 22
Valuation and Debt Information 22123
Hon-Funded Debt 23
valuation and Funded Debt History 23
Taxable Assessed Valuations by Category 24
Estimated Overlapping Funded Debt Payable from Ad valorem Taxes 24
Tax Rate Limitation 24
Tax Data 24/25
Municipal Sales Tax 25
Tax Rates of Overlapping Subdivisions 25
Top Ten Taxpayers 25
Authorized But Unissued General Obligation Bonds 25
General Information Regarding City and Its Economy 26/30
Ratings 31
Tax Exemption 3i
Registration and Qualification of Bonds for Sale 31
Legal Investments in Texas 31
legal Opinions and No-litigation Certificate 31
Authenticity of Financial Information 32
financial Advisor 32
Certification of the Official Statement 32
City of Denton, Texas Selected Financial
Statements, September 30, 1981 Enclosure
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
Term
• City Council Ex Tres
Dick Stewart April, tj§'S
Mayor
Ray Stephens April, 1983
Mayor Pro-Tem
• Joe G. Alford Apirl, 1983
Councilmember
Mark R. Chew April, 1983
Councilmember
Dwight Galley April, 1982
Councilmember
Jim Riddlesperger April, 1983
Councilmember
Richard Taliaferro April, 1982
Councilmember
APPOINTED OFFICIALS
Name Position
r s ar ung y anager
Rick Svehla Assistant City Manager
Betty McKean Assistant City Manager
Y. H. McNary Director of Finance
R. E. Nelson Director of Utilities
Charlotte Allen City Secretary
C. J. Taylor, Jr. City Attorney
CONSULTANTS AND ADVISORS
Bond Counsel McCall, Parkhurst d Horton
Dallas, Texas
Auditors Alexander Grant & Company
Dallas, Texas
Financial Advisor First Southwest Company
Dallas, Texas
•3-
D
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 $3,000,000 Electric System Revenue Bonds, Series 1982 (the "Bonds").
The Official Statement was prepared to present for the purchaser of the Bonds 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
rom~~t revenues der'ved from the operation of the City's Electric System, including 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 Proceed, from the sale of the Bonds will be used for site acquisition and construc-
t ono Pr electric substation and related transmission lines, expansion and improvements of
the exi J ng system and the Initial phase of a proposed hydroelectric project on Lake ~
Lewisvil.e.
Future Bond issues The City does nit have any additional authorized but unissued Electric
ystem erenue onds.
Administration of the City The City operates under a Hone Rule Charter which was approved
by the electorate e ruary 24, 1959. The Charter provides for the Council-Manager form of
government for the City. Policy-making and supervisory functions are the responsibility of and
vested in the Mayor and City Couir.il.
-4-
•
•
SECURITY FOR PAYMENT
These Bonds will constitute special obligations of the City, each payable as to both principal
and interest and equally secured by a first lien on anJ pledge of the revenues of the Electric
• System (the "System"), after deduction of reasonable expenses of operation and maintenance, as
provided by the General Laws of the State of Texas, particularly Articles 1111 et seq.,
Y.A.T.C.S.
ELECTRIC SYSTEM CONDENSED STATEMENT OF OPERATIONS
s W_T tte
• Fiscal Year Ended 9-30-81 9-3080 9-30-79 9.30-78 9-30-77
el-venues
Wes dential S 8,327 S 7,600 S 6,046 S 6,575 $ 5.660
Commercial and Industrial '6,255 12,629 11,051 10,979 10,363
Other I 4D2 Total Revenues D-F" 7
3T1 6 5
Urm"
Expenses {Excluding Depreciation
ue $18,054 $14,383 S11,090 $11,179 $10,380
Other Td rtm- ITi`67ad 3 3.29 2 620 Total Expenses 2 293
,
Net Operating Revenues S 4,640 S 4,744 S 4,524 S 5,050 S 5,035
Non-Operating Revenues* 789 794 464 317 235
Net Revenues Available for Debt Service 3 5 9 jig FT.-988
Avers a Number of Customers
es ent a 16,225 15,705 13,870 12,931 12,445
Commercial and industrial 2,186 2,420 2,6U8 2,603 2,410
Other 145 137 312 310 312
Total Customers
78`556 -18,262 -167M 797W ,7
* Net of $388,048.99 interest income restricted for use in the retirement of Refunding Bonds.
Average Annual Principal and Interest Requirements, 1982-2068 S 1,662,848
Coverage of Average Requirements by 9-30-81 Net Revenues 3.26 Times
Required Coverage:
Payment to Retirement Fund for Series 1978 Bonds S 1,850,648
Average Annual Requirements for Series 1982 Bonds
Total Requirements for Coverage 3 41; ,17660918
Coverage by 9-30-81 Net Revenues 2.39 Times
Electric System Revenue Bonds to be Outstanding after
Issuance of These $3,000,000 Bonds $22.255,000
Bond Retirement Fund, 1.1-82 S 4,OS8,876
Reserve Fund, 1-1-82 S 2,250,000
Contingency Fund, 1.1-82 $ 250,000
AUTHORIZED BUT UNISSUED REVENUE BONDS - NONE
PROCEEDS
Proceeds from the sale of the Bonds will be used for site acquisition and construction of an
electric substation and related transmission lines, expansion and improvements of the existing
system and the initial phase of a proposed hydroelectric project on Lake tewisvlile.
-5-
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•
VALUE OF THE SYSTEM
Fiscal Year Ended 9-30-81 9-30-80 9-30-79 9-30-78 9-30-77
c ectr- Tc system 550.9 6,Tbi W_,§67747 TI6;f23,W6 53d PT-,M PT.T d`;r9
• Less Reserve for
Depreciation 23,216,6 21,768,961 201440,0,1 7 19,014,539 17,567,170
Value after Depreciation $27,723,485 $26,199,386 $26,283,599 S26 496,972 $27,327,556
CITY'S EQUITY IN SYSTEM
Fiscal Year Ended 9-30-81 9-30-80 9-30-79 9-30-79 4-30-77
ectr c ystem 756;44 .W TU-.R7,_W7 3-9-7M.W TW.Tifrm
Less Reserve for
Depreciation 23 216 676 21 768 961 20 440, 007 14 0944,9539 17 667 170
T~7;7F3ae3 98, r;3 5-94 97~ ~5a
Plus Construction Fund 58,077 71,387 216,033 _ 293,430 _ 329,059
Net Plant $27,781,562 $26,269,823 $26,449,632 $26,790,402 $27,656,615
Plus Net Working Capital 8,936,107 10,553,084 _9714,65 81564,692 847 210)
real $36,717,669 $36,422,407 $36,214,288 535,155L094 S26,8D9,405
Revenue Bond Debt $18,940,926* $18,928,885• S18,916,844* $18,904,803' S17,946,DOO
Less Interest and Sinking
Fund and Reserve Fund 51703,886 4,501,335 3,652,011 _ 3,051,866 7,836,239
Net Revenue Debt $13,237,040 514,427,550 $15,264,833 $15,852,937 $10 731
City's Equity in System 5?3,480,629 S22,495,357 $20,949,455 $19,502,157 $16,699,644
Percentage City's Equity
in System 63.95% 60.93% 57.85% 55.13% 62.29%
" In March of 1978, the City sold $19,255,000 Electric System Revenue Refunding Bonds to
advance refund the outstanding debt of the System. Th: net total shown reflects the
discount on the Refunding Bonds which will be amortized over the life of the Lords.
ELECTRIC SYSTEM
The City of Denton has owned and operated Ics ETectriC light and Power System (the "System") for
approximately S,2venty sir years without interruption. During this time, the System has experi-
enced a steady growth in customer's 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.
T eFT yfhas covenanted in the Ordinance that it will not operate, and will not grant any
franchise or, permit the acnuisition, construction, o^ operation of, any electric energy distri-
bution facilities which we 'd be in competition with the electric system, and, to the extent
that It legally may, the C ,.j will prohibit any such competing facilities.
Customers In 1981, the System sold 499,096,000 KWH of electric energy. The follow'ng
a u a on shows the average number of customers from 1978 through 1981 and the average charge
per, kilowatt hour ("KWl!m).
Year Ended September 30
X78-~97Q_ - -7980--T981-
r Average Number of Customers;
Ill Residertial 12,931 13,870 15,705 16,225
Commercial/Industrial 2,603 2,608 2,420 2,186
Other 310 312 137 145
Total Custooers TrIT T H;6 TFIM IT-W
Average C'ar a Per KWH per KWH):
Resfdential 4.521 4.561 4.54! 4.80(
All Other 3.81( 3.97( 4.15( 5.39(
-1-
1
The System's sales of energy, in KWH, to principal customer classes for 1978 through 1981 were
as follows:
KWH Sold (000's Omitted) ,
Year Ended September 30
-1;7v Mgl- IN ITBI
Residential fw;m IMr. 57 'RT.-M TTT;W0
Commercial/Industrial 284,290 276,199 301,982 308,3A8
Other 23 106 23 579 24 041 17 288
Total Sales d5i,L-I1 i3£;3IZ #t!~ 394;09b
Production Facilities and Interconnection Arran ements Present production facilities of
the System cons t o five generating un is escrl as follows:
Number
of Name Plate
Tvoe Unitc Canrrirv KW
eam ur ne -5--
Unit 1 12,650 .
Unit 2 12,650
Unit 3 32,000
Unit 4 66,500
Unit 5 3 6 1
Interchanges
TMPP. TMPA and TP&t Intercom%ctlcns
TF138KV North Interchange 807 50,000 KW
Brazos 69KV Interchenge 70,000 KW
TMPA/TP&L Spencer Plant 138 KV Interchange 100 000 KWA
`bb~fc
(1) Texas Municipal Power Pool ("TMPP").
Texas Municipal Power Agency ("TMPA").
Texas Power & Light Company ("TP&L').
Note: The City has recently declared its five diesel generators (12,635 KW) surplus and is
negotiating the sale of these units.
The following tabulation provides information for ca'endar year 1981 for tke System's ten
largest customers in terms of both peak demand and annual revenues. These customers taken
together represent 29.78% of the 1)31 electric revenues from sales.
Denton Electric 5 stem
Ten Larges e a owe' stoners
1981
1981 Annual Peak KWH
Customer KWH Revenues Dtmand
or Texas State University 62.591, 9 TT.-9 673 - FTW
Texas Woman's University 22,461,400 989,103 ?,712
Paccar, Inc. 11,278,800 595,242 1,480
Acme Brick Company 10,947,300 489,383 1,911
Victor Equipment 10,855,600 506,471 2,436
Golden Triangle Mali 9,731,200 474,751 2,500
Denton State School 9,325,500 440,111 2,445
Moore Business Forms, Inc. 4,782,750 221,735 1,050
Morrison Milling Company 4,183,900 191.351 777
Emconite, Division of Amerace X472,000 _ 166,936 _ 941
Total 144,629,538 57,731,656 21L852
•B-
•
Electric Rates
(Effective Apr 6, 1981)
• kesidential
Facility Charge $4,50 Single Phase
8.00 Three Phase
Months of June through September
All KWH f0.C465 per KWH plus an
• energy cost adjustment
Months of October through May
All KWH $0.0435 per KWH plus an
energy cost adjustment
Rote: When usages are less than 700 KWH during June through September, deduct $2.00 from the
monthly facility charge each month until monthly usage exceeds 700 KWH,
Energ Cost A d ustmcnt o'hen fuel o purchased power costs are more than three cents (3t)
per WT, an nergy ost 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 (34) which is already included in the base rate.
Pro ected Loads and Resources The projected Toads and resources of the System for the
period t rou9 are presented in the following chart as determined by the City:
Forecasted Peak Loads and Resources (in Megawatts)
Peak Net Reserve
Year Loads Pesources Mar in 11M -D
1983 154 257 2 67
1984 164 271 3 65
1985 179 2854 59
1986 191 285 49
1987 203 285 40
1988 216 285 32
1989 228 285 25
1990 241 285 18
1991 254 285 12
1) Tested net capability.
2) TMPA Gibbons Creek, Dcnton's 20% allocation (78MW) (see "Texas Municipal Power Agencyn).
3 Comanche Peaa Unit 1 (14M,1i.
4 Comanche Peak Unit 2 14MW ,
9-
1
Statistical Data
IT _S5_1 ttedj
Year Ended September 30
Sales of KWH:
Re`sifientTJ 133,951,296 150,614,998 132,533,865 167,285,852 173,460,115
Commercial/Industrial 295 016 853 284 289 637 276 199 268 301 982 185 308 347 623
4F6;9n,M 4341934,"3 408:733;153 4€9,268,'038 4810807;-738
Public Ctreet and Highway 5,224,322 4,771,882 4,666,680 4,702,075 4,750,623
Other 16 735 502 18 334 403 18 912 658 19 338 798 12 537 387
Sub-total 130',-427,973 d3S M,tM 432;322,492 ~J3,308'911 4991045'745
Sales for Resale 801 719 16 489 123 28 168 387 27 559 097 27 716 421
Total Sales 451.779:601 474;5ba;043 430-,480,878 520:862,'008 526:812',169
Loss and Uraccounted 42 779 000 1 615 000 1 416 000 7 450 000 849 000
total KWH to System 494;-508,`692 476 TI5,043 461,896,878 528;318'O6A 377,661,169
% Loss and Unaccounted .001i 3.46% 6.10% 5.22% 5.26%
Average Customers:
_q_es7en- tTT 12,445 12,931 13,870 150705 16,225
Commercial/Industrial 2 722 2 913 2 733 _ 2 557 2 331
Total - T5 767 "-75,!344 15,663 53,262 -28,556
Peak Day Power Requirement 112,000 114,000 109,000 131,000 133,000
Present Plant Capacity 186,580 186,580 186,580 186,850 186,850
Analysis of Electric Billing
ATT Customers:
iiverage l~'6nEi KWH/Custorner 2,418 2,409 2,170 2,251 2,241
Silt per Customer $92.43 $96.12 $90.06 $97.41 $116.08
Revenue per KW4t 50.0373 $0.0399 $0,0415 $0.0432 $0.0518
Residential Customer:
Average Month KWHI stomer 897 971 796 888 891
Bill per Customer $37.94 $42.14 $36.30 $40.32 S42.77
Revenue per KWH $0.0423 $0.0434 $0.0456 $0.0454 $0.0480
Commercial/Industrial:
Average on ustomer 9,544 8,657 8,998 10,472 11,472
Bill per Customer 5335.95 $330.70 $359.92 $448.20 $504.57
Revenue per KWH 50.0352 $0.0382 50.0400 $0 0428 $0.0521
Gross Incomes:
` Fes W-n-FiF S 5,660,433 S b,637,275 $ 6,046,432 S 7,599,Sv8 S 8,327,068
Commercial/industrial 10,363,040 10,878,635 11,060,823 12,629,06 16,255,007
Other 790 521 641 813 830 951 9021937 1 ;5,765a
3T6,~11;a0b TI83 $1i,
Does not include off-system sales, income derived from contribution-in-aid or sales of
surplus material, etc.
The City of Denton is a member of the Texas Municipal Power Pool ("TMPP"), which includes the
cities of Bryan, Garland. Greenville and Denton, each of which has its own production, trans-
mission and distribution facilities, The pity Is also a member rf the Electric Reliability
Counsel of Texas ("ERCOT"), the regional Reliability Coordinating Organization for Electric
Pc cr System in T-xos. Th- City , t° the C^CDT intrastate network of six major
Investor-owned and severel pulilic systems through the TMPP transmission system.
The TMPP contract provides that each member city shall provide, through its own facilities or
through firm power contracts, a capability at least 15% greater than its p,ojected system peak
load for each future Year. The cost of Pool fact, tips rrrracary 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 re•zrve ,
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 Der'zds of sched,led unit maintenance and interchange of
•
economy energy tetween 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 suppliers and costs that would have been experienced by the less
efficient generators.
Texas Municipal Power Agency In July 1975, the Cities of Bryan, Garland, Denton and Green-
7 e t e "CitieTcurrent ordinances, created the Texas Municipal Power Ager.. (the
'Agency"), a Joint power agency without taxing power, as a separate municipal corporatio, and
political subdivision of the State in accordance with Article 1435a, 4ernon'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 Citie_ and any private utilities which are joint owners
with the Agency of an electric generating far!lity located within the State of Texas.
Power Sales Contract Each of the Cities has entered into an identical Power Sales Contract
T1Fe_7o_n_f_ra_c7)_`WT1h 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 exreptfons, 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 a•d 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 amount of money on deposit in the Agency's
Bond Fund is less than the amount then required to be on deposit therein without giving
considerrtion 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 payrrent, the aggregate of
wh'ch shall be the amount necessary to maintain the Agency's Bond Fund, Reserve Fund and
Coitin.gency 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.
Eac't of the Cities' portion of any such payment (the "Percentage Share") shall be adjusted
annually based on the percentage that each of t'ne Cities' system load bears to the aggregate
sy'.'Lem load of the four Cities, subject to certain qualifications. The present Percentage
Shares of the Cities are as follows:
City of Bryan 19.97%
City of Denton 21.49%
City of Garland 49.93%
City of Greenville _ 9.61%
Total l0D.("
Each of the Cities unconditionally covenants 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, recoupment 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 superior 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 authorited to
proceed with the financing, construction, equipo,nt procurement and development thereof. After
approval by the Cities, the Agency may proceed as it deems app•opr;•t•. A.de!ticn.allyI th
Agency may make "System Development and Reliability Expenditure'" as 'Approved Projects" for
facilities and purposes when authorlted by the Cities. Certain ±xpendltures for "Development
Projects", as defined in the Contract, may be made by the Agency without the approval of the
Citl~s.
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Approved Prp4ccts The first gener-ting project of the Agency approved by the Cities is the
GT 6bns -rcca t! 3r Electric station, -ira ~jn'=_r 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, 1919, the Agency entered into a joint ownership agreement with Pallas
Power d tight Company, Texas Electric Service Company, Texas Power t Light Company and Texas
Utilities Generating Company, under which the Agency acquired a 6.211 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 1984 and Unit Two in 1986.
The Cities have also approved, as "System Development and Reliability Expenditures," certain
transmission facilities.
Estimated Cost of Projects The estimated cost of the Approvea Projects, according to the
a eT-E 5E information from t e Agency, is $1,361,600,000. 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.
lit 's Statement as to Financial Impact of Agent Projects The City, along with the oth^r
Cil es, r_n me o me reviews and eva uates a nancTal impact of the Agency projects and
financing requirements on the City's municipal electric light 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-
tion?` power supply from the Agency In accordance with the Contract, due principally to the .
Ager-y1s use of fixed-cost boiler fuel, the efficiencies of scale and the economies of opera-
tion achieved by the uperaLiun of ali prawn; 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 Generallyh).
Factors Affecting Agency Projects, the City and Utility Industry Generally The City has
been anew yule Agency ah"E no TR at ion 1s now per ng otr to ifs-'k-now I edge threatened
which challenges itr 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 tnmplor now npnprAtlng iinitt,imc?rtAlntipc
in predicting future load requirements, ir,crea;ed flnanciny- require,aants ca1pled with limited
availability of capital, exposure to cancellation and penalty charges on new generating units
under construction, fuel availability, compliance with rapidly changing environmental, sarety
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 rational energy policy. Any of these
factors may require modification of the City's present f:c,iit t, hhe Agency's projects, or
both, and in some cases may cause delays in construction and increases in .nStruction and
operatir+g costs, or they may cause the revenue forecasts, demand forecasts and estimates of
growth of the City and the remaining Cities to vary significantly from those contained in prior
evaluations.
Pro osed 11droelectric Projects . The City has commissioned and received a feasibility study
y ac ei cc ZorsulF~rngineers, Talatlve to proposed hydroelectric developments to be
located at nearby Lake Lewisville and the planned Ray Roberts Reservoir, which Is scheduled for
completion in 1986/81, 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
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normally released through the low-flow discharge pipes. The two units planned for the Lewis-
ville Project (the "Project") would generate an average annual generation of 10,100,000 kilo-
watt hours.
• Anticipated cost of the Project would be approximately $5,045,000 and could be in operation by
1984. The Consulting Enqineers estimate the savings 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. Const-uction and operation of the Project would be subject to the
jurisdiction of the Federal Energy Regulatory Connission (11FERC") 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 19 m ,nths will be needed to complete the
• licensing process,
The City Council has authorized Black 6 Veatrh to proceed with the licensing application and it
is anticipated U,e upplication will be sub,idtled in mid-1982.
SELECTED PROVISIONS OF THE ORDINANCE
There follows a summary of certain provisions of the Ordinance as supplemented in connection
with the issuance of the Series 1982 Rands. It does not purport to be complete and, for a full
statement of all matters of fact relating to the Rnndx ann rho rights a^d ebligations of the
holders thereof, reference should be made to the Ordinance.
DEFINITIONS
The term "Additional Bonds" means the additional bones payable from and secured by a first lien
• on the F'edged Revenues permitted in the Ordinance to he authorized in the future.
The term "Bonds" means collectively the City of Denton Electric System Revenue Refunding Bonds,
Series 1978, originally issued in the principal amount of $19,255,000 (the "Series 1978 Bonds")
and the City of Denton Electric System Revenue Bonds, Series 1992, authorized in the original
principal amount of $3,000,000 (the "Series 1982 Bonds"), with the Series 196.' Bonds being
"Additional Bonds" permitted by the original Ordinance authorizing the Series 197b Bonds.
The terms "Electric Light and Power System" and "System" mean the City's existing Electric
Light and Power System, together with all future extensions, improvements, enlargements, and
additions thereto, and all replacements thereof; provided that, notwithstanding the foregoing,
and to the extent now or hereafter authorized or permitted by law, the term system shall not
mean any electric light and power lacillties of any kind (including any electric power gener-
ating and transmission facilities) +hich are declared not to be a part of the System and which
are acquired or constructed by Lhe LiLy with ire proceeds from the issuance of "Special
Facilities Bonds", which are hereby defined as being special revenue obligations of the City
which are not Bonds or Additional Bonds secured by and payable from a first lien on and pledge
of the Pledged Revenues, as hereinafter defined, b•it which are secured by and payable from any
other liens on and pledges of any revenues, sources, or payments, including, but not limited
to, (i) special contract revenues or payments received from any other legal entity in connec-
tion with such facilities and/or (i') a lien on and pledge of the pledged Revenues junior and
subordinate in all respects to the lien and pledge In favor of the Bonds and Pdditional Bonds;
and such special contract revenues or payments shall not be considered as or constitute Gross
Revenues of the System, unless and to the extent otherwise provided in the Ordinance or
ordinances authorizing the issuance of such "Special Facilities Bonds".
The terms "Gross Revenues of the City's Electric Light and Power System" and "Gross Revenues"
mean all revenues, income, and receipts of every nature derived or received by the City from the
operation and ownership of the System, Including the Interest Income from the investment or
deposit of money in any Fund created by the Ordinance, excepting only the Retirement Fund.
The terms "Net Revenues of the City's Electric Light and Power System" and "Net Revenues" mean
all Gross Revenues after deducting and paying the current expenses of operation and maintenance
I of the System 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 exercised by the adoption of appropriate
resolutions, are necessary to keep the System in operation and render adequate service to said
City and the inhabitants thereof, or such as might be necessary to meet some physical accident
or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in
determining "Net Revenues", Depreciation shall never be considered as an expense of operation
and maintenance.
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The term "Pledged Revenues" means
(1) the Net Revenues, plus
(2) any additional revenues, income, receipts, or other resources, including, without •
limitation, any grants, donations, or income rerelved or to be received from the United States
Government, or any other public or private source, whether pursuant to an agreement or other-
wise, which in the future may, at the option of the City, to pledged Ln the payment of the Bonds
or Additional Bonds.
The term 'year" means the regular fiscal year used by the City in connection with the operation
of the System, which may be any twelve consecutive months period established by the City. •
PLEDGE OF REVENUES
The Bonds and any Additional Bonds, and the interest coupons appertaining thereto, are secured
by an irrevocable first lien on and pledge of the Pledged Revenues.
REVENUE FUND
The Ordinance provides for the establishment and maintenance on the books of the City of a
special fund ("Revenue Fund"), to be accounted for separate and apart from all other funds of
the City to which all Gross Revenues of the System are to be credited immediately upon receipt,
unless otherwise provided in the Ordinance. All current eypenses of operation and maintenance
of the System are payable as a first charge against the Revenue Fund.
PLEDGED REVENUES FUND
For the purpose of paying the principal of and interest on the Bonds and any Additional Bonds,
as the same come due, and to provide the source for ether payments and deposits, the Ordinance
provides for the establishment and maintenance of a separate fund ("Pledged Revenues Fund").
RETIREMENT FUND
The Ordinance permits, at the option of the City, the establishment of a separate special
invested Retirenent Fund (similar to the Retirement Fund created for the Series 1978 Bonds) for
the Series 1982 Bonds. However, the City will not create a separate special invested Retire•
ment Fund for the Series 1982 Bonds, and the Series 1982 Bonds will be paid directly from the
Pledged Revenues Fund.
RESERVE FUND
The Ordinance provides for the establishment of the "Reserve Fund", solely for the further
security and bentfit of the Bonds and any Additional Bonds which are payable from and secured by
a first lien on aid pledge of the Pledged Revenues. The Reserve Fund may be used solely for the
purpose of (1) fI nlly retiring the last of thi Bonds and any Additional Bonds and (it) paying
principal of and intnrest on any Bond< ur Additional Bonds when and to the extent the amounts In
the Pledged Revenues fend, the Retirement Fund, any other special fund created to pay Addition-
al Bonds, the Improveme,t Fund, and Contingency Fund are insufficient for such purpose.
When and so long as the money and investments in the Reserve Fund are not less in market value
than the Reserve Required Amount no deposits need be made to the credit of the Reserve Fund; but
when and if the Reserve Fund at any time contains less than the Reserve Required Amount, then,
subject and subordinate to making the required deposits to the credit of the Retirement Fund
and any deposits or payments required for any Additional Bands, the City shall transfer from
Pledged Revenues and deposit to the credit of the Reserve Fund, semiannually on or before the
25th day of each May and each November, a sum equal to 1/10th of the Reserve Required Amount,
until the Reserve Fund is restored to the Reserve Required Amount. The City specifically
covenants that it will, between the 20th and 25th days of each May and of each November of each
year, deposit to the credit of the R?venue Fund all surplus In the Reserve Fund over the Reserve
Required Amount.
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CONTINGENCY FUND
The Ordinance provides for the creation and maintenance of a separate fund ("Contingency
Fund"), to be used solely for the purpose of paying the costs of unexpected or extraordinary
repairs or replacements of the System for which System funds are not otherwise available, and
principal of and interest on any Bonds or Additional Bonds, when and to the extent the amount in
the Pledge) Revenues Fund, the Retirement Fund, any other special fund created to pay Addition-
al Bonds, and the Improvement Fund are insufficient for such purpose. The City specifically
covenants that It will, between the 20th and 25th days of each May and of each November of each
year, deposit to the credit of the Revenue Fund all surplus in the Contingency rund over the
Contingency Required Amount.
IMPROVEMEIT FUND
The Ordinance provides for the creation and maintenance on the books of the City, a separate
fund (the "improvement Fund"), to be used solely for the purpose of paying the costs of
improvements, enlargements, extensions, additions, or other capital expenditures related to
the System, or for paying mexpected or extraordinary expenses of operation and maintenance of
the S!,stem for which System funds are not otherwise available, or for paying principal of and
interest on any Bonds or Additional Bonds, when and to the extent the amount In the Pledged
Revenues Fund, the Retirement Fund, and any other special fund created for the payment of
Additional Bonds are insufficient for such purpose.
The Ordinance provides that during each year, subject and suboruinate to making the required
deposits to the credit of the Retirement Fund, any other deposits or payments reclileed for any
Additional Bonds, the Reserve Fund, and the Contingency Fund from Pledged Revenues, the City
shall be required to deposit to the credit of the Improvement Fund from Pledged Revenues an
amount equal to 8% of the "Adjusted Gross Revenues of the System", which term is hereby defined
to mean the following:
the Gross Revenues of the System for such year after deducting from such Gross Revenues an
amount equal to the current expenses of operation and maintenance of the System for such
year which are directly attributable to (1) all fuel costs related to the production of
electric energy by the City and/or (ii) the purchase of electric energy by the City.
DEPOSITS DF PLEDGED REVENUES: INVESTMENT OF FUNDS
The Ordinance requires deposits of Pledged Revenues in the Pledged Revenue Fund to be made into
the Retirement Fund for the payment of the Series 1978 Bonds and directly to the paying agents
for the payment of the Series 1982 Bonds; and Into the Reserve Fund, the Contingency Fund and
the Improvement Fund created under the Ordinance. The Ordinance also provides that money in
any fund established pursuant to the Ordinance (excepting the Retirement Fund for the Series
1978 Bonds, which shall Le invested only in Government Obligations) may, at the option of the
City, be placed in time deposits or certificates of deposit secured by, or invested in, direct
obllgatlocs of the United `'totes of America, obligations guaranteed or insured by the United
States which in the opinion of the Attorney General of the United States are backed by its fh 1
faith and credit or represent Its general obligations, or indirect obligations of the United
Rates of America, including evidences of Indebtedness issued, Insured, or guaranteed by
governmental
days investments be valued y the
All Interet City nd nincterms of ome derived current
from market such
deposits and investments will be immediately rredlted to, and any losses immediately debited
to, the fund from which the deposit or investment was made, and a surplus in any fund shall or
may be disposed of in the manner provided in the Ordinance with respect to such fund. Such
investments are to be sold promptly when necessary to prevent any default in connection with
the Bonds or Additional Bonds.
SECURITY OF FUNDS
The Ordinance provides that money in all funds created under It, to the extent not invested, is
to be secured In the manner prescribed by law for securing funds of the Lity.
DEFICIENCIES; EXCESS PLEDGED REVENUES
The Ordinance provides that if on any occasion thnro .re not sufficient Pledged Revenues to
make the required deposits into any of the funds referred to above, such deficiency will be made
up as soon as possible from the next available Pledged Revenues, or from any other sources
1s
•
available for such purpose, and that, subJect to making (on a timely basis) the required
deposits to such funds, any excess Pledged Revenues o.ay be used for any lawful purpose.
PAYMENT OF BONDS
The Ordinance provides that on or before December 1, 19R2, and semiannually on or before each
June I and December 1 thereafter while any of the Bonds are outstanding and unpaid, the City
will make available to the paying agents therefor, out of the Retirement Fund, any other
special fund created for the payment of any Additional Bonds, the Pledged Revenues Fund, or
from the improvement Fund, the Contingency Fund, or the Reserve Fund, if necessary, money
sufficient to ' r-v such interest on and such principal of the Bonds as will then accrue or
mature. The paying agents will destroy all paid Bonds and the coupons appertaining thereto,
and furnish the City with an appropriate certificate of cancellation or destruction.
FINAL DEPOSITS: GOVERNMENT OBLIGATIONS
The Ordinance provides that any Bond or Additional Bond will be deemed to be paid, retired, and
no longer outstanding when payment of the principal of and redemption premium, if any, on such
Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be
by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused
to be made in accurdance with the terms thereof (including the giving of any required notice of
redemption), or (it) shall have been provided for by irrevocably depositing with, or making
available to, a paying agent therefor, in trust and irrevocably set aside exclusively for such
payment, money sufficient to make such payment or Government Obligations (as hereinafter
defined) certified by an independent public accounting firm of national rewrtation to mature as
to principal and interest in such amounts and at such times as will inscre the availability,
without reinvestment, of sufficient money to make such payment, ant, in each case, all neces-
sary and proper fees, compensation, and expenses of such paying agerL pertaining to the Bonds
and Additional Bonds and with respect to which such deposit is made shall have been paid or the
payment thereof provided for to the satisfaction of such paying agent. At such time as a Bond
or Additional Bond Is deemed to be paid hereunder, as aforesaid, it will no longer be secured by
or entitled to the benefits of the Ordinance or a lien on and pledge of the Pledged Revenues,
and shall be entitled to payment solely from such money or Government Obligations ("Government
Obligations" for all purposes of the Ordinance means direct obligations of the United States of
America, including obligations the principal of and interest on which are unconditionally
guaranteed by the United States of America, which may be in book-entry form and which are
non-callable by the Obligor).
Any moneys so deposited with a paying agent may at the direction of the City also be invested in
Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all
income from all Government Obligations in the hands of the paying agent pursuant to the
Ordinance which is nut required for the payment of the Bonds and Additional Bonds, the redemp-
tion premium, if any, and interest thereon, with respect to which such money has been so
deposited, will Le turned over to the City or deposited as directed by the City.
ADDITIONAL BONDS
Pursuant to the Ordinance, the City has the right to authorize, Issue, and deliver, in one or
more series or issues, additional bonds ("Additional Bonds") which may be payable from a first
lien on the Pledged Revenues. Any such Additional Bonds will be payable from and secured by an
irrevocable first filer, on the Pledged Revenues, equally and ratably on a parity with the Bonds
and all other outstanding Additional Bonds, All Additional Bcnds must be scheduled to be paid
or mature on December I of the years in which such principal is scheduled to be paid or mature,
and all Interest thereon must be payable on June I and Dece,nber 1.
The Ordinance provides that Additional Bonds may be Issued only in accordance with the Ordi-
nance and law, in any amounts, for any lawful purpose, Including the refunding of any bonds or
AdditfUna1 Bonds. No Additional Bonds shall be issued or delivered unless;
(a) The Mayor and the City Secretary of the City sign a written certificate t^ th; effect
flat the City is not in default as to a ,y covenant, condition, or obligation to connection with
all outstanding Bonds and Additional Bonds, and the ordinances authorizing same, and that the
Retirement Fund, any special fund for the retirement of any Additional Bonds, and the Reserve
Fund each contains the amount then required to be therein.
(b) An independent certified public accountant, or independent fin, of certified public
accountants, signs a written certificate to the effect that, during elther the next preceding
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year, or any twelve consecutive calendar Month period ending not more than ninety days prior to
the passage of the ordinance authorizing the issuance of the then proposed Additional Bonds,
the Pledged Revenues were, in his or its opinion, at least equal to 1.4 times the aggregate of
the following amounts:
•
(i) the wuount actually deposited, as required by the Ordinance, to the credit of the
Retirement Fund from Pledged Revenues in the Pledged Revenues Fund during such year or twelve
month period, plus
(ii) the amount, if any, actually deposited, as required by any ordinance or ordinances
authorizing the Issuance of Additional Bonds, to the credit of any other special Invested
retirement fund or funds (similar to the Retirement Fund) for any outstanding Additional Bonds
from Pledged Revenues in the Pledged Revenues Fund during such year or twelve month period,
plus
(III) the average annual principal and interest requirements of all Additional Bonds, if
any, to be outstanding after the delivery of the then proposed Additional Bonds, which are
payable directly from the Pledged Revenues Fund and for which no special Invested retirement
fund (similar to the Retirement Fund) has been created and established by an ordinance autho-
rizing the issuance of Additional Bonds.
Each Ordinance authorizing the issuance of Additional Bonds is required to increase the Reserve
Fund to provide an adequate debt service reserve for all Bonds and Additional Bonds.
CERTAIN COVENANTS
In the Ordinance the City further covenants and agrees that:
Performance The City will faithfully perform at all times any and all covenants, undertak-
ngsT s_ ulations, and provisions contained in the Ordinance and each ordinance authorizing
the issuance of Additional Bonds, and in each and every Bond and Additional Bond; that it will
promptly pay or cause to be paid the principal of and interest on every Bond and Additional
Bond, on the dates and in the places and manner prescribed In such resolutions and Bonds and
Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause
to be deposited the amounts required to be deposited into the Retirement Fund, any other fund or
account established for any Additional Bonds, the Reserve Fund, and the Contingency Fund, and
any holder of the Bonds or Additional Bonds may require the City, its officials and employees,
to carry out, respect, or enforce the covenants and obligations of the Ordinance and any
ordinance authorizingg the issuance of Additional Bonds, by all legal and equitable means,
Including speclfitally, but without limitation, the use and filing of mandamus proceedings, in
any dirt of competent jurisdiction, against the City, its officials, and employees.
• Ci~t 's Leal Authorit The City Is a duly created and existing home rule city of the State
of Texas, andauthorized under the laws of the State of Texas to create and issue the
Bonds; that all action on its part for the creation and issuance of the Bonds has been duly and
effectively taken; and that the Bonds in the hands of the holders and owners thereof are and
will be valid and enforceable obligations of the City In accordance with their terms.
Title The City has or will obtain lawful title to the lands, buildings and facilities
• cons Itutiig the System; it will defend such title or right against all claims for the benefit
of the holders and owners of the Bonds and Additional Bonds; and it is lawfully qualified to
pledge the Pledged Revenues to the payment of the Bonds and Additional Bonds in the manner
provided in the Ordinance and has lawfully exercised such rights.
Liens The City will pay and discharge on a timely basis all taxes, assessments, and govern-
men al charges, if any, which shall be lawfully imposed upon It or the System; it will pay all
• lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law
become a lien or charge on the System prior to or interfering with the Ilen of the Bonds and any
Additional Bonds, and it will not create or suffer to exist any lien or charge which might or
could be prior to, or interfere with, the lien of the Bonds and Additional Bonds, or do or
suffer any matter or thing whereby such llen might or could be Impaired; provided, however,
that no such tax, assessment, charge, or calim will be required to be paid so long as its
validity 1s being contested in good faith by the City.
• 0 eration of the 5 stem While the Cords or any Additional Ends are outstanding and unpaid,
e y w cause a System to be continuously and efficiently operated and maintained in
good working order and at a reasonable cost,
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Further Encumbrance While the Bonds or any Additional Bonds are outstanding and unpaid, the
City will not ur er encumber the Pledged Revenues in any manner, except by liens or encum-
brances junior and subordinate to the lien of the Bonds and any Additional Bonds provided for in
the Ordinance.
Sale of Pro ert While the Bonds or any Additional Bonds are outstanding and unpaid, the
ty WTI T not se I, convey, mortgage, or in any manner transfer title to, or lease or otherwise
dispose of the System or any significant or substantial part thereof; provided that the City
may make any disposition it deems necessary of any real or personal property, machinery,
fixtures, or equipment, when it has made arrangements to replace it or provide a substitute
therefor, unless the City Council determines by resolution that no such replacement or substi-
tute is necessary.
Insurance It will carry or cause to be c with a responsible insurance company or
companies, such insurance as is usually carrle_ , corporations and other business entities
operating like properties and engaged in similar activities. Public liability and property
damage insurance shall be carried unless the City Attorney gives a written opinion to the
effect that the City is not liable for claims which would be protected by such insurance. The
City shall not be required to carry insurance on construction work if a contractor therefor is
responsible for such work and is required to carry appro^riate insurance. All the City's
insurance policies will be open to the inspection of the owners or holders of the Bonds and
Additional Bonds and their representatives at all reasonable times,
The City will make due proof of loss in respect of any insured loss or damage and do all things
necessary or desirable to cause the insuring companies to make payment in full directly to the
City. The proceeds of insurance, together with any other funds necessary and available for
such purpose, will be used to repair the property damaged or replace the property destroyed;
except that if such proceeds aid other funds are Insufficient for such purpose, any such
insurance proceeds pertaining to the System will be used;
(1) for the redemption of all Bonds and Additional Bonds then outstanding and redeem-
able, in the proportion that the total outstanding principal of each bond outstanding and
redeemable bears to the total outstanding principal of all such bonds outstanding and redev-
able, or
(ii) If none of the outstanding Bonds or Additional Bonds is then redeemable, for the
purchase on the open market and retirement of each series and issue of Bonds and Additional
Bonds then outstanding, in the proportion that the total outstanding principal amount of each
series or issue thereof bears to the total outstanding principal amount of all such series and
issues, to the extent practicable; provided that the purchase price for any bond shall not
exceed its redemption price on the first date upon which it becomes subject redemption; and
(111) any such insurance proceeds remaining will be deposited in a special and separate
trust fund, at an official depository of the City, to be designated the "Insurance Account",
pending the redemption or purchase of bonds as aforesaid, or the availability of funds suffi-
cient with such proceeds to make the repairs or replacements, whichever of said events occurs
first.
The annual audit required by the Ordinance will contain a list of all such insurance policies
carried, together with a statement as to whether, or not all insurance premiums upon such
policies have been paid.
Rate Covenant The City Council of the City will fix, establish, maintain, and collect such
rates, charges, and fees for the use and availability of the System at all times as are
necessary to produce Gross Revenues sufficient, together with any other Pledged Revenues (1) to
pay all current operation and mai.tenance expenses of the System, and (2) produce an amount of
Pledged Revenues each year at least eaual to (1) 1.4 times the aggregate of the following ,
amounts:
(1) The amount required to be deposited by this Ordinance to the credit of the Retirement
Fund during such year, plus
(2) The amount, if any, required to be deposited by any ordinance or ordinances authoriz-
ing the issuance of Additional Bonds to the credit of any other special invested retirement
fund or funds (similar to the Retirement Fund) for any outstanding Additional Bonds from
Pledged Revenues in the Pledged Revenues fund during such year, plus
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(3) The average annual principal and interest requirements of all then outstanding Addi-
tional Bonds, if any, which are payable directly from the Pledged Revenues Fund and for which no
special invested retirement fund (similar to the Retirement Fund) has been created and estab-
lished by an ordinance authorizing the Issuance of Additional Bonds,
•
or (ill amounts sufficient to provide for the deposits required herein to be made to the credit
of the Contingency Fund and the Improvement Fund, whichever of (1) or (ii) is the greater.
NO COMPETITION
The City will not operate, and will not grant any franchise or permit for the acquisition,
• construction or operation of, any local electrical energy distribution facilities which would
be in competition with the System, and, to the extent that it legally may, the City will
prohibit any such competing facilities.
RECORDS
The City will keep proper books of records and account in which full, true, and correct entries
will be made of all dealings, activities, and transactions relating to the System, the Pledged
• Revenues, and all Funds created pursuant to this Ordinance and any resolutions authorizing the
issuance of Additional Bonds; and all books, documents, and vouchers relating thereto shall at
all reasonable times be made available for inspection upon request of any bondholder.
AUDITS
After the close of each year while any of the Bonds or Additional bonds are outstanding, an
audit will be made of the City books and accounts for such year relating to the System and the
Pledged Revenues by an independent certified public accountant or an independent firm of
certified public accountants, and as soon as such audit has been completed and made available
to the City, a copy of such audit for the preceding year shall be mailed to the Municipal
Advisory Council of Texas and to any bondholders who shall so request in writing. Such annual
audit reports shall be open to the inspection of the owner, or holders of the Bonds and
Additional Bonds and their agents and representatives at all reasonable times.
GOVERNMENTAL AGENCIES
The City will comply with all of the terms and conditions of any and all franchises, permits,
and agreements applicable to the System and the Bonds or Additional Bonds entered into between
the City and any governmental agency, and the City will take all action necessary to enforce
said terms and conditions; and the City will obtain and keep in full force and effect all
franchises, permits and other requirements necessary with respect to the acquisition, construc-
tion, operation and maintenance of the System.
ARBITRAGE
The City will make no use of the proceeds of the Bonds at any time throughout the term of the
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 Bonds to be arbitrage bonds
• within the meaning of Section 103(c) of the internal Revenue Code of 1954, as amended, or any
regulations or rulings pertaining thereto. 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 pertain-
ing thereto.
AMENDMENT OF ORDINANCE
• The Ordinance may be amended by the City upon the approval of the holders of the Bonds and
Additional Bonds aggregating 51% In principal amount of the aggregate principal amount of then
outstanding Bonds and Additional Bonds, provided, however, thet no such amendment may:
(1) Make any change in the date of maturity of the outstanding Bonds or Additional Bonds;
(2) Reduce the rate of interest N, ne by any of the outstanding Bonds or Additional
d Bonds;
(3) Reduce the amount of the principal payable on the outstanding Bonds or Additional
I Bonds;
•
•
{4) Modify the terms of payment of principal of or interest on the outstanding Bonds or
Additional onds, or impose any conditions with respect to such payment;
(5) Affect the rights of holders of less than all of the Bonds and the Additional Bonds;
or •
(6) Change the minimum percentage of the principal amount of Bonds and Additional Bonds
necessary for consent to such amendment.
The City will cause notice of any proposed amendment to be published in a financial newspaper or
journal published in the City of New York, New York, once during each calendar week for at least
two successive calendar weeks, briefly setting forth the nature of the proposed amendment and •
stating that a copy thereof is on file at the principal office of the Paying Agents for the
Bonds and Additional Bonds for inspection by all holders of Bonds and Additional Bonds. Such
publication is not required, howe•er, if notice in writing is given to each holder of Bonds and
Additional Bonds. Whenever at a.j time not less than thirty days, and within one year, from the
date of the first publication of said notice or ether service of written notice, the City
receives an instrument or instruments, executed by holders of the required principal amount,
referring to the proposed amendment described in said notice and specifically consenting to and
approving such amendment in substantially the form of the copy thereof on file, the Cit may •
adopt the amendatory resolution In substantially the same form. Upon any such adoption of an
amendatory resolution, the resolution being amended will be deemed to be amended in accordance
with such amendatory resolution, and the respective rights, duties, and obligations of the City
and all the holders of then outstanding Bonds and Additional Bonds and all future Additional
Bonds will thereafter be determined, exercised and enforced hereunder, subject in all respects
to such amendment.
Any such consent given by a bondholder will be Irrevocable for a period of six months from the
date of the first publication of the notice (and shall be conclusive and binding upon all future
holders of the same bond during such period), but it may be revoked at any time after six ",onths
from he date of the first publication of such notice by the holder who gave such consent, or by
a successor in title, by filing notice thereof with the City and with the Paying Age,its, unless
the holders of 51% in aggregate principal amount of the then outstanding Bonds and Additional
Bonds as In the Ordinance defined have, prior to the attempted revocation, consented to and
approved the amendment. •
For the purpose of effecting an amendment In the manner described herein, satisfactory evidence
of the holding of Bonds or Additional Bonds by any bondholder and the amount and numbers of such
Bonds and Additional Bonds, and the date of such holding, may be provided by affidavit of the
person claiming to be such holder, or by a certificate executed by any trust company, bank,
banker, or any other depository wherever situated showing that at the date thereln mentioned
such person had on deposit with such trust company, bank, banker, or other depository, the
Bonds or Additional Bands described in such certificate. The City may conclusively assume that
such ownership continues until written notice to the contrary Is served upon the City.
#AA RAAA AA Ai;AA AAA
(The Water and Sewer System Is operated as a separate utility by the City and the following is • I
presented for informational purposes only.)
WATER AND SEWER SYSTEM
Water SuDpI Present municipal supply is obtained primarily from surface sources, but
un eound sources arc available. The City has previously acquired conservation storage
rlyhts in nearby Lewisville Reservoir which was constructed by the U. S. 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 1
Denton has been awarded 4.5 million gallons per day water rights from Lewisville Reservoir with
the right to "perfect" an additional 5.3 million gallons per day. The City presently uses
approximately 9 million gallons per day, and purchases from the City of Dallas all amounts over
4.5 million gallons. The City is presently re-negotiating the water contract with the City of •
Dallas. The City's Water Treatment Plant is deslgned to treat an average of 16 mllllin gallons
per day with a peak capacity of 24 million gallons per day. Although surface water provides the
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major part of total requirements, the City has urderground sources consisting of sever, deep
wells drilled into the Trinity Sand Group, comprising the Paluxy and Travis Peak sands. The
overage 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
?corps OT Fnfneers for the construction and development of kay Poberts Reservuir 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, the
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. Fstimated safe yield of the Ray Roberts Reservoir has
• been calculated at 73 million gallons per day, of which Denton would be entitled to receive up
to 19 million gallons per day. This amount, plus a safe yield of 4.5 million gallons per day
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 cc'ndorting
a long range water supply study to determine water requirements and alternatives after 2000.
Water Usage
• Average Maximum Average Maximum
Year D_ _ay___ _ DayYear Day Da
1913 6,6164 36,907 12,175,000 1978 8,394,00 000 1146,141646,000000
1974 6,822,000 !2,620,070 1979 7,920,820 14,560,000
1975 7.216,282 13,350,000 1980 9,477,386 18,667,200
1976 7,264,000 14,C80,000 1981 7,117,852 15,403,000
•
Wastewater Treatment The City owns and operates an activated sludge type wastewater treat-
men facility. a 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 MGO
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
• effluent criteria. The estimated cost of the filters is $1.2 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.
WATER AND SEWER SYSTEM CONDENSED STATEMENT OF OPERATIONS
Fiscal Year Ended 9.30-81 9.30.80 99-30-79-79 ~~9--300-788 9-30-77
Income ,o0[,, o0 7 7r, P-,-YO 7T,rTn+,-M $2,57?,785
` s Cxpende 2,662,726 2,531,141 2,163,339 _1,978,870 1,703,904
Ii Net Available for Debt
Service 52.020,060 S1i976,398 $2,0201707 51.5?2,5tt8 S 868,881
Water Customers 13,50( 13,292 13,094 12,787 112,321
Sewer Customers 13,020 !2,883 12.'34 12,20 11,937
• Average Annual Principal and Interest Requirerents, 1992.2000 S 918,598
Coverage of Average Requirements by 9-30-81 Net Income 2.20 Time,
Maximum Principal, Interest and Reserve Requirements, 1985 S 1,441,414
Coverage of Maximum Requirements by 9-30-81 Net Income 1.40 Times
• Water and Sewer System Revenue Bonds to be Outstanding after
Issuance of $2,01110,000 Water and Sewer System Revenue Bonds,
being offered simultaneously with the Bonds $10,975,000
Interest and Sinking Fund, 1-1-82 S 692,600
Reserve Fund, 1-1-82 S 848,955
•
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MONTHLY WATER RATES
(Ef ective'Fray 1I 791)
Residential Users
IIin g Months June - September Billing Months October -_Mop
B
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
Commercialllndustrial Users .
Customer Facility Charge $6.50 plus
Volume Charge 0.94/M gallons
MONTHLY SEWER RAIEs
fFffec[iGe April-F, 1~?1)
Pesidantial r~r~;~cial!Industrial •
{F~~:_1 "'Y of s,rond higrEst isag? :f (13 as ,d on 8n'k of water consumption)
f''C P. inh?r - Ft'br ~?ry 1,t n,:t n+ceed
15,000 gallons)
Facility Charge $2.50 plus Facility Charge $5.50 plus
Volume Charge 0.74/M gallons Volume Charge O.PI/B gallons •
Rote: All service outside City Limits at 115% of above rates.
Water and Sewer System Revenue Bonds Concurrently with the sale of the Electric System
Bon sd , the City i5 of Bring o sa -32,000,000 Water and Sewer System Revenue Bonds. Proceeds
from the sale of these bands 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 collec-
tion systems within the City.
Sale of Additiunal Bands . After the sale of the $2,000,000 Water and Sewer System
;Fe-v-enue tFe-7at' y wl11 have $1,000,000 authorized but unlssued Water and Sewer System
Revenue Bonds and presently anticipates the sale of the remaining Bonds In early 1983.
•
~A~iiH Ai1H ~1
VALUATION AND DEBT INF
1981 Taxable Assessed Valuation (100% of Actual) $663,437,088
•
City Funded Debt Payable From Ad Valorem Taxes:
General Obligation Bonds (as of 1-1-92) S 13,430,000
Interest and Sinking fund (as of 1-1-82) S 30,831
Ratio Total Funded Debt to Taxable Assessed Valuation 2.114
1981 Estimated Population - 51,150' •
Per Capita Taxable Assessed Valuation . $12,970.42
Per Capita Total Debt - $273.51
Area - 33.2 Square Mlles
* Source: North Cent•al Texas Council of Governments.
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Nose 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
$16,666 of Assessed Valuation to the residence homestead of property owners ov^_r 65 years of
age. The Taxable Assessed Valuation, as shown above, aces not include $19,465,102 Assessed
• Valuation of properties exempted under this authority.
Nate 2: The Legislature, pursuant to a constitutional amendment and Article 7150h, VATCS,
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 apnlies to either real or personal property with the
amount of Assessed Value exempted ran 4rg from $1,500 to $3,000, dependent upon the amount of
disability or whether the exemption ; applicable to a surviving spouse or children. The
• Taxable Assessed Valuation, as shown above, does not include 5444,601 Assessed valuation of
properties exempted under this authority.
Netc 3: The above statement of indebtedness does not include the following outstanding revenue
bonds, as these bonds are payahle solely from the net revenues of the System, as defined in the
pond nrdlr3nce authorizing the bonds: 59,915,000 Water and Sewer Revenue Bonds; 519,255,000
Electric System Revenue Bonds; and 52,000,000 Water and Sewer System Revenue Bonds and
• $3,000,000 Electric 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 5121,621
1983 121,621
1984 121,475
1905 103,157
1986 35,789
The City has no other non-funded debt as of January 1, 1982.
• VALUATION AND FUNDED DEBT HISTORY
Ratio Funded
Funded Debt Debt to
Taxable Outstanding Taxable
Fiscal Assessed at End Assessed
Period Valuation of Year Valuation
T"T-" TTF'T M TT.T71-1W
1973-74 102.222.840 8,165,000 7.99%
1974-75 112,158,726 7,695,000 6.85%
1975-76 124,327,113 9,585,000 7.71%
1976-77 136,540,625 12,024,000 8.81%
1971.78 271,339,229(1) 11,533,934 4.25%
1978-79 288,902,702 15,215,101 5.271
• 1979-80 304,943,680 15,364,488 5.04%
1920-81 337,948,941 15,053,900 4.45%
1961-82 653,437,088(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.
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TAXABLE ASSESSED VALUATIONS BY CATEGORY
Property
AsSess-ent
As % of Real Pro pert Personal Pro erty Taxable
Fiscal Appraised o or- Assessed
Period Value Amount Total Amount Total Valuation
I97_~-g __7_X_ 76T- 577409 FO 3_1~ T_TB 884, 3T4 T-9 _.M 9._rq_. 7
1973-74 40% 82,409,280 80.62% 19,813,560 19.38% 102,222,840
1974.75 40% 89,683,611 80.14% 22,275,049 19.86% 112,158,726
1975-16 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% 221,300,472 76 60% 67,502,230 23.40% 288,902,702
1979-80 60% 229,022,629 75. 0% 75,921,060 24.90% 304,943,680
1980-81 60% 245,205,248 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 OVERLA'PING FUNDED DEBT PAYABLE FROM AD VALCPEM TAXES
BAs of-1:1:p)
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Estimated
rgr,rl T Overlapping
Taxis irislic tion Funded Debt Applicable Funded Debt
flIfy of Denton $I31990,00~ - 10 .ot-- 3T3,990,0C
Denton lndependent Srh of nistrict 12,670,000 93.76% 11,879,392
Denton County 2,550,000 29.44% 7500,720 •
Total Overlapping Funded Debt $26,620,112
Ratio Overlapping Funded Debt to Taxable Assessed Valuation 4.01%
Per Capita Overlapping Funded Debt - $520.43
TAX RAiF LIMITATION •
All taxable property within the City is subject to the assessment, levy and collection by the
City of a continuing, direct annual ad valorem tax sufficient to provide for the payment of
principal of and interest on all types of tax obligations of the City within the limits
prescribed by law. Article XI, 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 $1DO Assessed Valuation
for all City purposes. The City operates under a Home Rule Charter which adopts the Constitu-
tional provisions.
TAX DATA
(Year n ng 9-30)
Distribution
Tax Tax C--^era interest ar % Current % Total
Year Rate Fund Sinking Fund Tax Lev Collections Collections •
TWTJ M. 771 3b034 __T"9_9_ S. ~6 b id
1973-74 1.700 0.8960 O.B040 1,737,788 96.20% 91.03`;
1974-75 1.700 0.8978 0.6022 1,906,699 95.12% 97.64%
1975-76 1.700 0.8174 0.8826 2,113,562 94.74% 97.54%
1976-77 1.780 1.0939 0.6862 2,430,423 91.74% 97.74%
1977.76 1.240 0.7728 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%
19bi-d1 1.29C 0.6100 0.6209 4,359,541 93.96% 96.64%
1981-82 0.074 0.4650 0.3090 5,135,003 In Process of Collection
Property within the 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.
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Charges for penalty and interest are ;wade as follows:
1981 and Prior Years 199? and After
February z M/ February -
• March 6% March 9%
April 7 1/[% April 11%
May 9% May 13%
June 10 1/2% JJune 15%
uly 18%
After June add 112% of 1% per After July add 1% per mont;
month In addition to above. in addition to above.
MUNICIPAL SALES TAX
(Uiresl~ve- 1-6~T
The City has adopted the previsions of Artirle 1066c, Vernon's Texas Civil Statutes, as
amended, which grants the City the po.+er to impose and levy a 1% Local Sales and Use Tax within
the City, the proceeds being credited to the General Fund. Collections and enforcements are
• effected through the offices of the Coiptroller of Pu51ic Afrnunt5, State of Texas, who remits
the proceeds of the tax, after dcdi,rtinn of a 7% service fee, to the City monthly. Revenue from
this source has been:
% of Equivalent of
Total Ad Valorem Ad Valorem Per
Year Collected Tax Levy Tax Rate Capita
197 -77V333 ~d81[f --FO -.8-Mr-
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 55.66% 0.9632 25.28
1977 1,254,452 51.88% 0.9234 26.19
1978 1,629,832 48.44% 0.6007 31.62
1979 2,061,124 57.53% 0.7134 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
Toxin Jurisdiction 1981 1980 1979 1978 1977 197: 1975 1974
y o en on 30.774 ;7.9 TIM, " M.-M .0 ?T 1 Tr.T6
• Denton Independent School District 0.237 0.77 0.67 0.67 0.67 0.95 0.95 0.95
Denton County
TOP TEN TAXPAYERS
1981 % of Total
Taxable Taxable
Assessed Assessed
• Name of Taxpjer Nature of Property Valuation Valuation
i eneral fire o e Company TeTe-p one Ut(1T[jy T -2u,M
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 1.67%
First State 83i,k Bank 10,874,835 1.64%
First Denton County National
Bank Bank 8,995,054 1.36%
J. Newton et al Co mercial and Ranch 5,487,261 0.83%
Moore Business Forms, lac. Businesx Form Manufacturer 5,439,499 0.82%
Montgomery Ward Department Store 5,056,599 0.76%
J. C. Penney Department Store 4,53„51244 0.68%%
AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS - NONE
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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 •
industrial triangle.
The City covers an area of 33.2 square miles and is located only 39 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 jnlcir±l, ?nd.ari„1 and recreational pirpcses.
One of the three m,ajf r university centers in Teas.
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 reflected in the spendable annual income per household.
Denton County's Effective Buying Income for 1990 totaled approximately $1,221,000,000.
renton County's retail sales for 1990 totaled $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, July 27, 1981.)
ECONOMIC AND POPULATION GAINS •
Denton has noted a consistent population increase and a steady economic growth in the last four
decades.
Historical population totals from U. S. Census records are:
1940 Census 11,192
1950 Census 21,372 •
1960 Census 26,844
1970 Census 39,814
1980 Census 48,063
The North Central Texas Council of Governments estimates the 1991 population of the City at
51,150.
The City's ascension toward a top rung on Texas' economic ladder is attributed partly to the •
steady Influences of governmental activity which includes the year-by-year expansion of the two
State-supported universities, and partly because of such environmental factors at its location
in a rich agricultural region, some oil and gas production in the northwest section of Denton
County, its Inelusfon in the DaITAi -Fort Worth Metroplex, its proximity to three of Texas'
largest reservoirs (Lake Texoma is only 40 miles from Denton), its excellent hfghway and
transportation facilities, its mild climate, and the less tangible but influential aspects of
social, cultural and educational advantages that have prompted professional or "white collar" •
workers to choose Denton as a place of residence.
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INDUSTRY AND BUSINESS
In excess of 50 diversified manufacturing plants are located in the City. Some of the largest
are as follows:
•
Approximate
Number of
Co~mQ_an Product Employees*
Victor qu3pment tompaoY Gelding an c utt equipment and
pressure valves 900
Moore Business Forms, Inc. Business forms, sales books, etc. 495
Josten't, Inc. School class rings 285
Russell-Newman Manufacturing Company Womens and girls lingerie 250
Paccar, Inc. Diesel trucks 235
Andrew Corporation Mirrnwav, antennae 220
Acne Brick Company Brick and tile 210
Trinity Industries LPG fuel tanks 175
0enton Pecord Chronicle. Newspaper and printing 155
Morrison Milling Camp any Flour and cornmeal products 145
Erconite, Division of Rmerace Multi-color plastic parts 110
Turbo Refrigerating Co~ipany lce-making machires 110
Chic Rubber Molded plastic parts 90
Transport CysteTs, Inc. Trailers 8C
Beamen company Prefab buildings 75
' Denton Chamber of Commerce.
• INDUSTRIAL FUTURE
Denton is most favorably located within 38 miles of two major 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 first 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
forc,3 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 both of which have access to
more than adequate rail and highway facilities, and all necessary utilities.
AGRICULTURE
Denton County is one of the more diversified agriculture counties in Texas. 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 income 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, located 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, trip rotation,
pastures, soil building, contouring and plant disease,
• UNDERGROUND CONTROL C£NTEA
Denton is the site of the first Underground Control Center to be built by the Federal Government
in the United States. This center was completed at a cost of $2,400,D00.
It consists of an above ground "frangible" building, for entrance and exit during normal
operations, and a two-story underground fortress, 142 feet wide and 172 feet long. The
structure has its own water well, an infirmary, first aid station, and communications head-
quarters. Site for the structure is about three miles east of Denton.
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The huge underground center serves Region 5 headquarters for the Office of Civil and Defense
Mobilization and is designed to resist nuclear blast and radiation. Region 5 consists of
Texas, Oklahoma, Arkansas, Louisiana and New Mexico.
In time of emergency the center 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 some 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 employs 83 full-time people with an annual payroll in excess of S750,CDO.
TRANSPORTATION •
Denton is located only 18 miles northeast of the Dallas-Fort Worth Regional Airport. This
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 S700,000,000.
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 Oallas, and U. S. 35-W ties to Fort Worth. •
The east and west sectir,ns of the U. S. Interstate 35 farm part of a vast network that begins at
the Canadian border on the north and traverses the entire United States, to -nd at the Mexican
border on the south. North from Dentoo the highway connects with Oklahoma City and thence
through the Midwest.
Rail transportation is furnished by three railroar's - Santa Fe, Texas and Pacific, and •
Missouri-Kansas-Texas bus transportatinn by Tra,iways Bus System motor freight by
twelve truck lines.
EDUCATION
Denton is the home of North Texas State University, founded in 1890, and Texas Woman's Uni-
versity, founded in 1901.
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The two colleges have a combined enrollment of approximately 24,985 students, and more than
1,000 faculty members.
As of December 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
Dallas, Texas Christian University in Fort Worth, or Rice Institute at Houston. Texas Woman's
University has an enrollment of 7,498. • 1
North Texas State University campus comprises a land area of more than 350 acres and sixty-nine
tuildlogs valued in excess of $62,000,000. The University embraces seven ccademic 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. {
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Texas Woman's University, a State-supported institution of higher learning, has completed an
extens.ve building program, emphasized by three high-rise structures. These are a 14-story • I
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
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 degrees. •
Denton has an outstanding Public School System, accredited by the Southern Association of
rnllpgac and Secondary Schon k and gcrrndit•_tien Division of the Texas Education Agency.
Approximately 69% of the graduates of Denton High School go on to college. The Denton school
system offers accelerated programs in such courses as S.M.S.G. Math and P.S.S.C. Physics. A
few of the vocational training courses available in public schools are agriculture, homemaking,
distributive education, industrial education, mechanical drawing, woodwork, etc. 67% of the
faculty hold Master's degrees. • j
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Number 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
511,000,000 Denton State School Construction began in 1958 on the $11,000,D00 Denton State
School, with the first phase of the construction being completed in July, 1960, at which time
the first group of stud,-nts was admitted. The second phase was completed in 1963. It is one of I
America's most modem and progressive educational Institutions.
• This State-supported educational institution for mentally retarded Texas residents is located I
or a 200-acre site paid for by Denton citizens.
Present facilities include 47 (including outreach dorms) dormitories which accommodate more I
than 1,188 students. 5 buildings for Dhvsically handirappad chililrpn with a rapacity of rnn,
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 ^3intenance shop and a warehouse.
The School has a staff of 1,499, with an annual payroll in excess of $17,364,61?.
BANKING
There are five banks in the City First Denton County National Bank, established
• 1892 First State Bank, established 1912 . University State Bank, established
1953 Western National Bank, established 1963 Citizens National Bank, established 1976.
Combined Bank Deposits
1972 $114,161,439 1977 5175,006,073
1973 126,2D9,608 1978 198,908,000
1974 131,018,000 1979 200,085,011
• 1975 140,747,770 1980 228,813,123
1976 167,805,982 1981 254,567,591
Four savings and loan associations had combined year-end deposits as follows:
1972 S 53,692,053 1977 S (1,168,251
:973 63,584,046 1978 105,901,284
1974 66,202,425 1979 127,299,490
1975 69,310,598 1980 159,535,122
1975 84,238,471 1981 160,674,680
RECREATION
Nearby Lake Lewisville, one of North Texas' largest lakes, is one of Texas' most popular
recreation areas. take Lewisville has a shore line of 183 miles located entirely in Denton
• County.
take 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 1S miles from
downtown Denton.
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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, swfnmfng 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 •
-n7F- VS33s,e67 TT-99 TFM TFW
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 1?,142,334 11,745 12,077 14,117
1977 22,244,C75 12,294 12,490 15,650
1978 32,324,274 12,661 12,803 16,404 •
1979 71,556,446* 13,224 13,094 17,150
1990 35,454,510: 13,56E 13,292 18,125
1981 40,537,746 13,680 13,506 18,545
' Includes construction of Golden Triangle Mall and Peterbilt truck factory. JJ
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RATINGS
Applications for contract ratings on this issue have been made to Moody's Investors Service,
Inc. and Standard 6 Poor's Corporation. An explanation of the significance of such ratings may
• be obtained from the company furnishing tl.a rating. The ratings reflect only the respective
views of such organizations and the City makes no representation as to the apprcp'iateness of
the ratings. There is no assurance that such ratings will continue for any given period of time
or that they will not be revised downward or withdrawn entirely by either or both of such rating
companies, if In the judgment of either or both companies, circumstances so warrant. Any such
downward revision or withdrawal of such ratings, 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 e' Messrs. McCall, Parkhurst 6 Horton, Bond
Counsel to the Cit ("Bond Counsel"), to the effect that interest on the Bonds is exempt from
all present Federal income taxes under existing statutes, rulings, regulations and court
decisions. The laths, reg,ilatinnc, rl,urt hor.isions and administrative regulations and rulings
upun wliWi the cuuclusiun stated in Boni Cumuei's Opinion will be bared are subject to change
• by the Congress, the Treasury Department and liter jid!cial and adminiso ative decisions
REGISIRATION AND QUALIFICATION OF BONDS FOR SALE
The sale of the Bonds has not been registered under the Federei Seccritie, Art of 1933, as
amended, in reliance upon the exemption provided thereunder by Section 3(a) (2); and the Bonds
m,a nut been qualified under the Securities Pot of Texas in reliance upon various exemptions
i contained therein; nor have the Bonds been qualified under the securities acts of any
jurisdic- tion. The City assumes no responsibility for qualification of the Bonds under the securities
laws of any jurisdiction in which the Bonds may be sold, assigned, pledged, hypothecated or
otherwise transferred. This disclaimer of responsibility for qualification for sale or other
disposition of the Bonds shall not be construed as an interpretation of an, kind with regard to
the availability of any exemption from securities registration provisions.
LEGAL INVESTMENTS IN TEXAS
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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 •,arious 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 Bands, including the unqualified approving legal opinion of the Attorney
General 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 is 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 tle coupons appertain-
ing thereto, will also be furnished. Bond Counsel was not requested to par'l, !gate, and did not
take part, in the preparation 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 indcncndcntly to verify any of the information contained therein, except
that, in its capacity as Bond Counsel, such firm has reviewed the information describing the
Bonds in the Official Statement to xerify that such description conforms to the provisions of
the bond resolution. The legal fees to be paid Bond Counsel for services rendered in connection
with the issuance of the Bonds are ontingent on the sale and delivery of the Bonds. The legal
opinion will be printed on the Bonds.
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AUTHENTICITY OF FINANCIAL INFORMATION
The financial data and other information contained herein have been obtained from the City's
records, audited financial statements and other sources which are believed to be reliable. •
There is no guarantee that any of the assumptions or estimates contained herein will be
realized. All of the summaries of the statutes, documents and resolutions contained in this
Official Statement are made subject to all of the provisions of such statutes, documents and
resolutions. These summaries do not purport to be complete st.t nents 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 Advisor's fee for services rendered with respect to the
sale of the Bonds is contingent upon the issuance and delivery of the Bonds. First Southwest
Company may submit a bid for the Bonds, either independently or as a member of a syndicate
organized to submit a bid for the Bonds.
CERTIFICATION OF THE OFFICIAL STATEMENT
At the time of payment for and delivery of the Bands, the Purchaser will be furnished a
certificate, executed by preper officers, acting in their official caoacity, to the effect that
to the best of their knowledg" and belief: (a) tie descriptions and statements of or pertain-
ing to the City contained in its Official Statement, and any addenda, supplement or amendment
thereto, on the date of such Official Statement, on the date of sale of said Bonds and 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, ir,cluding its
financial affairs, are concerned, such Official Statement did rot and does not contain an
untrue statement of a material fact or Dmit to state a material fact required to be stated
therein or necessary to make the statements tkdrein, in the light of the circumstances under
which they sere made, not misleading; (c) insofar as the descriptions and statements, includ-
ing financial data, of or pertaining to entities, other than the City, an', their activities
contained to 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 t
Mayor t
ATTEST:
CHARLOTTE ALLEN @
City Secretcrv {
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CERTIFICATE FOR
ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CITY OF DEN'TON WATER ;;ND 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 dilly constituted officers and members of said City
Council, to-wit:
Brooks Holt, City Secretary Richard 0. Stewart, !Mayor
Tlark Chew F.ichard H. raliaferro
Dwiaht L. 3ailey Dr. A. Ray 5,~ephens
Jim Riddlespercer Joe Alford
and all of said persons were present, except the following
• a'.,sentees: ),L ~p ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted a; 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 PRINCIPF.I AMOUNT OF $2,000,000 AND CITY OF DENTON
ELECTRIC SYSTEM REVENUE BONDS, SERIES 19820 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: Al'. members of said Citv Council
shown present rbove voted "Aye".
I~ 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
y Council's minutes of said Meeting; ghat 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 tha above and' fore-
going paragraph are the duly chosen, qualified, and acting
officers and rembers of said City Council as indicated therein;
and that each of the officers and members of said City Council
was duly and sufficlenLly notified officially anu pereVtlally,
in advance, of the time, place, and purpose of the ?tforesald
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
Vernoji's Ann. Tex. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
aDoroves, 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 tLat their signing of this Certificate shall constitute
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the signing of the attached and following copy of said Ordi-
nance for ail purposes.
• SIGN AND SEALED the 26th day of January, 1 82.
4?2 „ ~ r ,
pity Secretary --w F
(SEAL)
We, the undersigned, being respectively the City Attorney
an(. 1hp Bond Attorneys of the City of Denton, Texas, hereby
certify that we prepared and approved as to legality the at-
tached a:d following Ordinance prior to its passage as afore-
said.
City ttor
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• Hon Attorneys
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ORDINANCE NO.82 -(L,,4
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 BU:Dq.
SERIES 1982, IN THE PRINCIPAL AMOUNT OF $3,000,000
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
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WHEREAS, the City Council of the City of Denton TexaF,
deems it necessary and advisable that the bonds her-ainafter
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, with the date "f the first
publication to be at least two weeks prior to the date upon
which the City Council intends to pass the OrL;Inances described
in the following notices:
"NOTICE OF INTENTION
TO ISSUE CITY OF DENTON WATER AND
SEVIER SYSTEM REVENUE BONDS, SERIES 1982, IN THE
PRINCIP.,*, 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 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, an.1 will be subject to redemption prier 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 combiled
Waterworks and Sewer System of the City.
CITY OF DENTON, TEXAS"
"NOTICE OF INTENTION
TO ISSUE CITY OF DENTON
• ELECT.^.IC SYSTEM REVENUE BONDS, SERIES 1982,
IN THE PRINCIPAL AMOUNT OF $3,000,000
Notice is hereby given, in accordance with Article 2368x,
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 19820, in
• the maximum principal amount of $3,000,000, to be payable from
ani secured by an irrevocarle first lien on and pledge of the
Net Revenues of the City's E_ectric Light and Power System, all
as will be defined and provided in the aforesaid Ordinance.
Se,id bonds will bear interest from their date at maximum rates
nut to exceed fifteen percentum per annum, will be scheduled to
• mature serially within a maximum of not to exceed thirty years
from their date, and will be subje,t to redemption prior to
maturity, and will have such other and further characteristics,
as will be provided in the aforesaid Ordinances. Said bonds
will be authorized, issued, sold, and delivered pursuant to
Articles 1111b, 1112, 1113, and 1114, Vernon's Annotated Texas
• Civil Statutes, and other applicable laws, for the purpose of
providing money for improvements and extensions of the Electric
Light and Power System of the City.
CITY OF DENTON, TEXAS"
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IN THE 11ATTER OF
CITY OF DENTON
41 THE STATE OF TEXAS Roy Appleton, Jr.
Counly of Drnton
being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a
newspaper of general circulation which hav been continuously and regularly published
110 for a period of not less than one year in..the County of Denton, Texas, preceding the date
of the attached notice, and that the said notice vies published in said paper on the follow-
ing dates:
Notice of Intention to issue City of Denton Electric System Revenue Bonds,
41$erits 1982, in the Principal amt of $3,000,000. Notice of Intention to issue
City of Denton water & Sewer System Revenue Bo t, S tea 19V2, in the Principal
amt of 02000000. JANUARY 299 1982
Subscribed and sworn to before me this 9 day of _Na r ch ,198 }2
Witness my hand and official seal.
Notary Public, Denton County. Texas
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IN THE )TATTER OF
CITY IF DENTIN
THE STATE OF TEXAS Roy Appleton, Jr.
County of Drnton
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-
ing dates:
Notice of Intention to issue City of Denton Electric System REvenue BondsP Series
43.982; in the Principal amt of $3x0009000. Notic of Intention to issue City of
1 Denton Mater 6 Sever System REvenue Bondso Ser s 19ftp i t e Principal amt of
$20009000. FEBRUARY 211 1982 A I (JA
Subscribed and sworn to before me this 9 day of March I9 82
Witness my hand and official seal. N . -gb~ -
Notary Public, Denton County, Togas
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CERTIFICATE FOR
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALF 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
• 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 0. Steuart, 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:
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 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 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 was duly and suffi-
ciently 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 copy of said Ordi-
nance for all purposes.
S WD AND SEALED the 26th day of January, 1182.
,
,r City-Secretary t?yor V_ I/
(SEAL)
• We. the undersigneA, heinq rPonpt-H vely 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 torn
Mc_ ( %
Bon At orneys
a
I
ORDINANCE NO. 82 - IL
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS i
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
THE 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
$2,000,000
WATER AND SEVER SYSTEM REVENUE BONDo
J \l/V,
SERIES 1982
•
$3,000,000
ELECTRIC SYSTEM REVENUE BONDS,
SERIES 1982
The City Council of the City of Denton, Denton
t County, Texas, will receive sealed bids at the
Municipal Building, 215 E. McKinney Street, in the
City of Denton until:
7:00 p.m., Tuesday, March 2, 1982
• for the purchase of:
$2,000,000 water and Sewer System Revenue Bonds,
to be dated March 15, 1982, and to mature serially
July 15 each year 1983 through 1998.
$3,000,000 Electric System Revenue Bonds, to be
ate Apri 1, 1982, an to mature serially
December 1 each year 1983 through 2000.
Sealed bids, plainly marked "Bid for Bonds", should
• be addressed to "Honorable Maycr 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 mailed to prospective bidders on or about
February 15, 1982, and will be furnished to any
prospective bidder upon request, by First Southwest
Company, 900 Mercantile Bank Building, Dallas, Texas
752010 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.
BROOKS HOLT
City Secretary
City of Denton, Texas.
r
i
I
i
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.
•
•
•
•
•
•
~r
•
•
•
•
•
CNy and County of New Yorfr, aa.:-
Copy MARY DALY, being duly sworn, says that she Is the
Advertising Clerk of THE BOND BUYER, a dally and weekly
newspaper printed and published at One State Street Plaza. In
the City of New York. County of New York, State of New York;
of and the notice, of which the annexed Is a printed copy, was
regularly published in said THE DAILY BOND BUYER on
Advertisement
JAN 2 9 1982
V Adcertisi R Clerk
5uhgrrihed and sworn fo befurk me this
~1 1
da) of
L.
HAROLD b'N
Nolny vabllc, Isis 01 s" Ymk
No 04697327
a"llh" In Richmond County
Cpmmlblon Eapln, March 30, 1917
• OFFICIAL N011CE OF SALE
$5,000,000
City of Denton
• Texas
$x,000,000
Water and Sewer System Revenue Bonds
Series 1982
• $3,000,000
Electric System Revenue Bonds
Series 1982
The City Council of the City of Denton, Denton County, Texas. Will
• reoe" scaled bids at the Municipal Dutlding, 215 & McKinney Street, in
the City of, Denton tnti4 7;00 pm, Tuesk',
MMCH 1, 1982
for the purchase of
e$OOO,f100 water and Sewer System Revenue Bondy, to be
dated March 15, 1982, ettd to mature serlally
• July 15 each year 103 through 1998.
t33,0o0,t100 Ekclrk system Revenue Bonds. to be dated
April 1, 1
each year 19and 63 thromature strially ugh 2000 December
Sealed bl& plainly maAw "61d ror Bnrii Should t e addrem t I
"Hormable mayor and City Council City of Denton. Teas", and must be
submitted on the "Official Bid Form" to be made avariable by the City
Council prior the date 1 f sale.
ALL sealed bids WW tK pubh* Tern "nd ttxisted befan~ncil
Coptes of the Vf kw statement". "Notice of We". and Sid
FornI are beiAg prepared tarfd w111 be marled to proVedifie blddem on
or about Febnwy 15. and will be firnlehed to &W prosptic" bidder
upon t-quell by Fiwt a r-lthweat Company, 800 Mercantile D&W Building, 1
Wall he c TeKO 75201, ~t~~ to
anyythe 'an all bi and to waive
and an Irregtdadtks.
By order of the City Oouma of the City of Denton, Tea"
. e . IN THE MATT .R OF o
Cite of Denton
THE STATE:OF TEXAS 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 on the follow-
ing dates:
OFFICIAL NOTICE OF SALE6 S2e000r000 Water & Sewer System REvenue Bondso Series
1982 8 S3r000e000 Electric System Revenue bondsF eries 1982 JANUARY 29r 1982
Subscribed and sworn to before me this 9 day of _ March 19 82
Witness my hand and official seal.
OFFICIAL NOTICE OF /~\l NotaryPuhlic, entonCounty,Texas
SALE c
CITY OF Of PITON, TEXAS
MANX$
WATERANDSEWER
SYSTEM REVENUE
BONDS,
SERIEIINI
&J'"CoN
ELECTRICSY6TEM
REVENUE BONDS,
SERIESIM
TM City Council of Me City
• of 0"". brr.fon county,
Texas, wlh receive lealw
bids of the Murlklpai Build-
ft, Iii E. MAKlnney Sfreel,
In the Clry of Denton until:.
1:00 O.m., fuesdaY, March I,
INI .
• For hw purchase d:
62.101,603 Water Mad Sheer
SYS1401 Re'renul Iahds, to he
dead March )k 1902, and to
mMwe e.rlnT Ji~!Y exh
Year 1fIJ MrWgii 1/N,
1r,101,1b11 E~leckk SYetem
ReVe11W ~Ofl/b b W M}ed
lepre 1. IN2, One h msture
! ~~rta"i ' aif,b:r' Teach
leer Ion m►ou0h 1000.
Seared bleb plalnly~ markM
"aid for 006dt", Ihoutd be
addraeeed to 14(oAwahra
Mayqor Arid Cay C6WII, CMy
of CknWA. dial", #nd mull
be wnmahd ad Mi"Oflktet
old rdFm to M' made
avanawf by the city counca
All N led bidel~wllt of
Publicly' Opened and lot
latod boon tM GbuncU .
Copies of the Ilo'le10I'
foremr and belnd,rl
,;os'qfaq
• and Pia t* malletNto
pyb'.
60ecllw bidde11 r1 on or arWUl
FMrary t ' lft end w!rl
eMd any
'fWuMF, II}t t, b !Y y f Wes
~Odn
f
ti
f1 t compenY, to
tI~ bank 4ulldlnp,,
If& texae W41, pllt !
It a Att¢Akon to the Oft, '
:J ,
aN11 "IYl
SAKI
waIJ1,. ON .rend 111 f -
~eINC dy°Siyt le?
INC
oeMoA,
ER KSHOLI
,
CERTIFICATE FOR
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON
ELECTRIC SYSTEM REVENUE BO"?DS SERIES 1992
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 roll was called
of the duly constituted officers and members of said City
Council, to-wit:
Charlotte Allen, 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: ,4/c) We ,
thus constituting a quorum. Whereupon, among other business,
• the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON
ELECTRIC SYSTEM REVENUE BONDS SERIES 1982
was duly introduced for the consideration of Eaid City Council
and duly read.
It was then duly moved and seconded that said ordinance be
passedt and, after due 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-
cates that said ordinance has been duly recorded in said City
Council's minutes of said Meeting; that the above -.nd foregoing
paragraph is a true, full, and correct exnerpt from said City
• Council's minutes of said Meeting pertaining to 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 pi+rpose of the aforesaid
Meeting, and that said Ordinance would be introduced and
considered for passage at said Meetings 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
::hat 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 copy of said Ordi-
nance for all purposes.
SIGNED AND SEALED the 2nd day of Mar h, 198 .
4 A
C tySectetary M y r
. (SEAL)
I 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-
} LzA and ~ d f,nv11~~w
\Yc..{i~ unailg Ordinance pr JT o
ltd dS ge as a fore-
0
A
said. ,
City to Bon Attorneys
•
ORDINANCE NO. 82- 7
• ORDINANCE AUTHORIZING THE ISSUANCE OF
CITY OF UENTON ELECTRIC SYSTEM REVENUE BONDS
SERIES 1982
THE STATE OF TEXAS
• COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the City of Denton, Texas (the "City") has duly
• issued, and there are now outstanding, pursuant to Vernon's
I Ann, Tex. Civ. St. Article 1118n-12 and other applicable laws,
the followinj series or issue of Electric Revenue Bonds which
• are now secured by a first lien on and pledge of the Net
Revenues of the City's Electric Light and Power System (the
"System").
• City of Denton Electric System Revenue Refunding
Bonds, Series 1978, dated March 15, 1978, ori-
ginally issued in the principal amount of $19,255,000
(the "Series 1978 Bonds")t and
• WHEREAS, the Series 1978 Bonds are the only bonds or other
obligations secured by ui pdydule from the Net Revenues of the
System; and
• WHEREAS, the City Council of the City is the governing
body of the City; and
WHEREAS, the bonds hereinafter authorized are "Additional
• Bonds" as permitted by Ordinance No. 78-12 authorizing the
Series 1978 Bonds, and are to be issued and delivered pursuant
to Vernon's Ann. Tex. Civ. St. Articles 1111-1118, and other
• applicable laws.
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. BONDS AUTHORIZED. That the City's bonds are
• hereby authorized to be issued in the principal amount of
$390000000, FOR THE PURFOSE OF PROVIDING MONEY FOR IMPROVEMENTS
AND EXTENSIONS OF THE ELECTRIC LIGHT AND POWER SYSTEM OF THE
• CITY.
Section 2. BONDS DESIGNATED. That said bonds shall be
designated as the3 CITY OF DENTON ELECTRIC SYSTEM REVENUE
• BONDS, SERIES 1982 (the "Series 1982 Bonds").
•
Section 3. DATE AND MATURITIES. That the Series 1982
Bcnds shall be dated APRIL 11 1982, shall be in the denomina-
tion of $5,000 each, shall be numbered consecutively from one
upward, and shall mature serially on the maturity date, in each
a of the years, and in the a.,,cunts, respectively, unless redeemed
prior to maturity as required or permitted in the FORM OF BOND
set forth in Section 6 of this Ordinance, as set forth in the
• following schedule:
MATURITY DATE: DECEMBER 1
YEARS AMOUNTS YEARS AMOUNTS
1983 $ 75,000 1992 $200,000
1984 750000 1993 200,000
1985 75,000 1994 200,000
1986 75,000 1995 200,000
1987 1000000 1996 200,000
1988 200,000 1997 200,000
• 1989 200,000 1998 2000000
1990 200,000 1999 200,000
1991 200,000 2000 200,000
Section 4. INTEREST. That the Series 1982 Bonds sched-
uled to mature during the years, respectively, set forth as
follows shall bear interest from the date thereof to maturity
or redemption at the following rates per annum:
• maturities 1983, iI 7,r8 maturities 1992? ti.,ro 9
maturities 1984, i.l.ao% maturities 1993, in X.8
maturities 1985, 13.008 maturities 1994? .00 9
maturities 19861 ,j.ooa maturities 1995, Ij %
maturities 1987, f,i.a o9 maturities 1996, _4a,rdB
• maturities 1988, maturities 1997? iJ. vt
maturities 1989, 13.0o a maturities 1998, i1. N4
maturities 1990, ,a,.rt, 6 maturities 1999, U-00%
maturities 1991, maturities 2000, _~/.000
Said interest shall be evidenced by interest coupons which
• shall appertain to the Series 1982 Bonds, and which shall be
payable in the marner provided and on the dates stated in the
FORM OF BOND set forth in Section 6 of this Ordinance.
• Section S. GENERAL CHARACTERISTICS. That the Series 1982
Bonds and interest cct..~nons shall be issued, shall be payable,
may be redeemed prior to their scheduled maturities, shall have
•
the characteristics, and 9ha11 he signed and executed (ar the
Series 1982 Bonds shall be sealed), all as provided, and in the
•
• 2
manner indicated, in the FORM OF B014D set forth in Section 6 of
• this Ordinance.
Section 6. FORMS. That the form of the Series 1982
Bonds, including the form of Registration Certificate of the
• Comptroller of Public Accounts of the State of Texas to be
printed and endorsed on each of the Series 1982 Bonds, and the
form of the aforesaid interest coupons which shall appertain
• and be attached initially to each of the Series 1982 Bonds,
shall be, respectively, substantially as follows:
FORM OF BOND:
• NO. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
• CITY OF DENTON
ELECTRIC SYSTEM REVENUE BOND
SERIES 1982
ON DECEMBER 1, , THE CITY OF DENTON, IN DFNTO& COUNTY,
• TEXAS, hereby promises to pay to bearer hereof the principal
amount of
FIVE THOUSAND DOLLARS
• and to pay interest thereon at the rate of I per annum
from the date of this Bond, evidenced by interest coupons pay-
able DECEMBER 1, 1982, and semiannually on each JUNE 1 and
• DECEMBER 1 thereafter while this 3ond is outstanding.
THE PRINCIPAL of this Bond and the interest coupons apper-
taining hereto shall be payable to bearer, in lawful money of
• the United States of Amorica, without exchange or collection
charges to the bearer, upon presentation and surrender of this
Bond or proper interest coupon, at the following, which, col-
0 lectively, shall constitute and be defined as the "Pa-ying
Agent" for this Series of Bondst
THE FORT WORTH NATIONAL BANK, FORT WORTH, TEXAS,
OR, AT THE OPTION OF THE BEARER, AT
• FIRST STATE BANK OF DENTON, DENTON, TEXAS.
THIS BOND is one of a Series dated as of APRIL 1, 1982,
authorized and issued in the principal amount of $3,000,0000
•
~ 3
FOR THE PURPOSE OF PROVIDING MONEY FOR IMPROVEMENTS AND
• EXTENSIONS OF THE ELECTRIC LIGHT AND POWER SYSTEM OF THE CITY.
ON DECLMBER 1, 1991,
or on any interest payment date thereafter, the outstanding
• Bonds of this Series may be redeemed prior to their scheduled
I maturities, at the cution of said City, in whole or in part,
I
with funds derived from any source. for the pri.cApal amount
thereof and accrued interest thereon to the date fixed for
redemption, and without premium.
AT LEAST thirty days prior to the date fixed for any prior
• redemption said City shall cause a written nutice of such re-
demption to be ptblished at least once in a financial publica-
tion published in The City of New York, New York. By the date
C•
fixed for any s;ich redemption due provision shall be made for
the payment at the "Paying Agent" of the principal amount of
the Bonds which are to be so redccmcd and accrued interr,at
thereon to the date fixed for redemption. If such written no-
tice 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 automatically shall be redeemed prior to
their scheduled maturities, and they shall iot bear interest
after the date fixed for redemption, and, they shall not be re-
garded as being outstanding except for the right of the bearer
to receive the redemption price from the "Paying Agent" out of
the funds provided for such payment.
•
IT IS HEREBY certified, recited, and covenanted that this
Bend has been duly and validly authorized, issued, and deliv-
ered pursuant to the applicable laws of the State of Texas, in-
cluding particularly Vernon's Ann. Civ. St. of Texas, Articles
1111-11181 that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Bond and the
I•
Caries of which it is a part have been performed, existed, and
been done in accordance with laws that this Bond and the Series
•
~ I
of which it is a part constitute special obligations of said
• City, secured by and payable from an irrevocable first lien on
and pledge of the "Pledged Revenues", as defined in the
ordinance authorizing this Series of Bonds (the "Ordinance"),
• which include initially the "Net Revenues of the City's
Electric Light and Power System", as such term is defined in
the ordinance, and which "Pledged Revenues" may, in the future,
• at c option of the City, include other resources.
THE CITY ha .cd 6h right, subject to the rastric-
tions stated in the ordinance, to issue additional parity
• revenue bonds which also may be secured by and payable from an
irrevocable first lien on and pledge of the aforesaid Pledged
Revenues, in the same manner and to the same extent as this
i• Bond and the Series of which it is a part.
THE HOLDER HEREOF shall never have the right to demand
payment of this obligation out of any funds raised o.: to be
• raised by taxation, or from any source whatsoever other than
the Pledged Revenues and other sources described in the Or-
dinance,
•
IN WITNESS WHEREOF, this Bond and the interest coupons
appo.rtaining hereto have been signed with the facsimile signa-
ture of the Mayor of said City and countersigned with the fac-
•
simile signature of the City Secretary of said City, and the
official seal of said City has been duly impresse3, or placed
in facsimile, on this Bond.
•
xxxxxxxx xxxxxxxx
City Secretary, C ty o Denton Mayor, City o Denton
FORM OF REGISTRATION CERTIFICATES
• COMPTROLLER'S REGISTRATION CERTIFICATEt REGISTER NO.
I hereby certify that this Bond has been examined, cer-
tified as to validity, a.nd approved by tt.e Attorney General of
• the State of Texas, and that this bond has been registered by
the Comptroller of Public Accounts of the State of Texas.
•
•
i
Witness my signaturt• and seal this
• xxxxxxxx
Comptro e- o Public Accounts
of the State of Texas
FORM OF INTEREST COUPON:
• NO. $
ON
THE CITY OF DENTON, IN DENTON COUNTY, TEXAS, promises to pay to
• bearer the amount shown on this interest coupon, :,n lawful
money of the United States of America, without exchange or
collection charges to the bearer, unlese due provision has been
• made for the redemption prior to maturity of the Bond to which
this interest coupon appertains, upon presentation and surren-
der of this interest coupon, at the
THE FORT WORTH NATIONAL BANK, FCIT WORTH, TEXAS,
OR, AT THE OPTION OF THE BEARER, AT
FIRST STATE BANK OF DENTON, DENTON, TEXAS,
said amount being interest due that day on the Bond, bearing
the number hereinafter designated, of that issue of CITY OF
DENTot4 Rr,FCTRTC SYSTEM MWIF PONDS, SERIES 1982, DATED APRIL
1, 1982. The holder hereof shall never have the right to do-
• mand payment of this obligation out of any funds raised or to
be raised by taxation, or from any source whatsoever other than
the Pledged Revenues and other sources described in the Bond to
•
which this coupon appertains. Bond No.
xxxxxxxx xxxxxxxx
City Secretary Mayor
! Section 7. DEFINITIONS. That as used in this Ordinance
the following terms shall have the meanings set forth below,
unless the text hereof specifically indicates otherwiser
• (a) Iahe term "City" shall mean the City of Denton, in
Denton County, Texas.
(b) The term "outstanding Bonds" shall mean the presently
• outstanding Electric Revenue Bonds of the City described in the
preamble to this Ordinance.
(c) The term "Bonds" shall mean collectively the
• Outstanding Bonds and the Serir, 1982 Bonds.
•
6
lw~
• (d) The term "Additional Bonds" shall mean the addition-
al parity revenue bonds which the City reserves the right to
issue in the future, as provided in this Ordinance.
i (e) The terms "Electric Light and Power System" and
"System" shall mean the City's existing electric light and
power system, together with all future extensions, improve-
ments, enlaraements, and additions thereto, and all replace-
ments thereof; provided that, notwithstanding the foregoing,
and to the extent now or hereafter authorized or permitted by
I• law, the term System shall not mean any electric light and
power facilities of any kind (including any electric power gen-
erating and transmission facilities) which are declared not to
be a part of the System and which are acquired or constructed
by the City with the proceeds from the issuance of "Special
Facilities Bonds", which are hereby defined as being special
• revenue obligations of the City which are not Bonds or Addition-
al Bonds secured by and payable from a first lien on and Pledge
of the Pledged Revenues, as hereinafter defined, but which are
•
secured by and payable from any other liens on and pledges of
any revenues, sources, or payments, including, but not limited
to, (i) special contract revenues or payments received from any
•
other legal entity in connection with such facilities ..nd/or (ii)
a lien on and pledge of the Pledged Pivenues junior and subor-
dinate in all respects to the lien and pledge in favor of the
•
Bonds and Additional Bonds; and such revenues, sources, or pay-
ments shall not be considered as or constitute Gross Revenues
• of the System, unless and to the extent otherwise provided in
the ordinance or ordinances authorizing the i83uance of such
"Special Facilities Bonds".
• (f) The terms "Gross Revenues of the City's Electric
Light and Power System" and "Gross Revenues" shall mean all .
revenues, income, and receipts of every nature derived or
re- ceived by the City from the operation and ownership of the
System, including the interest income from the investment or
7
M
deposit of money in any Fund created by this ordinance, ex-
cepting only the Retirement Fund.
(g) The terms "Net Revenues of the City's Electric Light
and Power System", and "Net Revenues" shall mean all Gross
Revenues after deducting and paying the current expenses of
operation and maintenance of the System out of the Revenue
Fund, hereinafter created, including all salaries, labor,
• materials, repairs, and extensions necessary to render efficient
service, provided, however, that only such repairs and exten-
sions, as in the judgment of the City Council, reasonably and
•
fairly exercised by the adoption of appropriate resolutions,
are necessary to keep the System in operation and render ade-
quate service to said City and the inhabitants thereof, or such
•
as might be necessary to meet some physical accident or con-
dition which o;ould otherwise impair the Bonds or Additional
Bonds, shall be deducted in determining "Net Revenues". De-
preciation shall never be considered as an expense of operation
and maintenance. Gross Revenues attributable to investment
• interest income from the Reserve Fund and the Contingency Fund
shall be used only to pay current expenses of operation and
maintenance of the System and shall never constitute any part
• of Net Revenues. J
IN The term "Pledged Revenues" shall mean
(1) th a "'at %evenues, plus
(2) any additional revenues, income, re-
ceipts, or other resources, including, without
limitation, any grants, donations, or income re-
ceived or to be received from the United States
I
Government, or any other public or private
source, whether pursuant to an agreement or
• otherwise, which in the future may, at the
option of the City, be pledged to the payment
of the Bonds or Additional Bonds.
•
r 8
M The term "year" shall mean the regular fiscal year
• used by the City in connection with the operation of the
System, which may be any twelve consecutive months period
established by the City.
• (j) The term "Gcvernment Obligations" shall mean direct
obligations of the United States of America, including obliga-
tions the principal of and interest on which are unconditional-
ly guaranteed by the United States of America, which may be
United States Treasury obligations such as its State and
Government Series, which may be in book-entry form.
A Section 8. PLEDGE. (a) That the Series 1982 Bonds are
Additional Bonds issued pursuant to Sections 23 and 29 of
ordinance No. 78-12 authorizing the issuance of the Series 1978
• Bonds; and Sections 7 through 26 of this Ordinance substantial-
ly restate and are supplemental to and cumulative of Sections 7
through 26 of said Ordinance No. 78-12, so that Sections 7
• through 26 will be applicable to all of the Bonds and future
Additional Bonds, except as otherwise specifically provided
herein, and state all of the requirements with respect to the
• Bonds.
(b) That the Bonds and any Additional Bonds, and the
interest coupons appertaining thereto, are and shall be secured
• by and payable from an irrevocable first lien on and pledge of
the Pledged RevenuesT and the Pledged Revenues are further
pledged irrevocably to the establishment and maintenance of the
Pledged Revenues Fund, the Retirement Fund, heretofore created
by Ordinance No. 78-12 for the sole benefit of the Series 1978
Bonds, any other special invested retirement fund (similar to
• the Retirement Fund heretofore established solely for the
benefit of the Series 1978 Bonds) hereafter created for the
payment of any future Additional Bonds, the Reserve Fund, the
• Contingency Fund, and the Improvement Fund, all as hereinafter
defined and provided. The Bonds and any Additional Bonds are
and will lie secured by and payable from the Pledged Revenues,
r~
• 9
and are not secured by or payable from a mortgage or deed of
trust on any real, personal, or mixed properties constitut-
ing the System.
Section 9. REVENUE FUND. That there is hereby created
and there shall be established and maintained on the books of
•
the City, and accounted for separate and apart from all other
funds of the City, a special fund to be entitled the "City of
Denton Electric System Revenue Bonds Revenue Fund" (the "Rev-
enue Fund"). All Gros3 Revenues shall be credited to the Rev-
enue Fund immediately upon receipt, unless otherwise provided
in this ordinance. All current expenses of operation and main-
tenance of the System shall be paid from such Gross Revenues
credited to the Revenue Fund, as a first charge against same.
All investment interest income credited to the Revenue Fund
•
shall be expended first for current operation and maintenance
expenses of the System, and in all events within five months
• from the date of any such deposit.
Section 10. PLEDGED REVENUES FUND. That for the purpose
of paying the principal of and interest on all Bonds and any
• Additional Bonds, as t).P same mature and come due, and provid-
!ng a source of payment for other deposits required by this
ordinance, there is hereby created and there shall be establish-
ed and maintained on the books of the City, and accounted for
separate and apart from all other funds of the City, a separate
fund to be entitled the "City of Denton Electric System Rev-
enue Bonds Pledged Revenues Fund" (the "Pledged Revenues Fund").
Section 11. RESERVE FUND. That there is hereby created
and there shall be established and maintained initially at
• The Fort Worth National Bank, Fort Worth, Texas, and there-
after, at the option of the City, established, and maintained at
any time at any national bank having a capital and surpius in
• excess of $25400000, a separate fund to be entitled the "City
of Denton Electric System Revenue Bonds Reserve Fund" (the
"Reserve Fund"). The Reserve Fund shall be used solely for
•
10
•
the purpose of finally retiring the last of any Bonds or Addi-
tional Bonds, or for paying principal of and interest in eny
Bonds or Additional Bonfis when and to the extent the amounts
in the Pledged Revenues Fund, the Retirement Fund, any ot*ner
•
special fund created for the payment of principal of and in-
terest on any Additional Fonds, the Improvement Fund, and the
• Contingency Fund are insufficient for such purpose.
Section 12. C014TINGLNCY FUND. That there is hereby
created and there shall be established and maintained initial-
ly at The Fort Worth National Bank, Fort Worth, Texas, and
thereafter, at the option of thO City, established and main-
tained at any ti., at any official depository bank of the City,
• and accounted for separate and apart from all other funds of
the city, a separate fund to be entitled the "City of Denton
Electric System Revenue Bonds Contingency Fund" (the Contin-
gency Fund"). The Contingency Fund shall be used solely for the
purpose of paying the costs of unexpected or extraordinary re-
pairs or replacements of the System for which System funds are
not otherwise available, or for paying principal of and inter-
est on any Bonds or Additional Bonds, when and to the extent
the amount in the Pledged Revenues Fund, the Retirement Fund,
• any other special fund created for the payment of principal of
and interest on any Additional Bonds, and the Improvement Fund
are insufficient for such purpose.
• Section 13. IMPROVEMENT FUND. That there is hereby
created and there shall be established and maintained on the
books of the City, and accounted for separate and apart from
• all other funds of tho City, a separate fund to be entitled
the "City of Denton Electric System Revenue Bonds Improvement
Fund" (the "Improvement Fund"). The Improvement Fund shall be
* used solely for the purpose of paying the costs of improvements,
enlargements, extensions, additions, or other capital expendi-
tures related to the System, or for paying unexpected or ex-
traordinary expenses of operation and maintenance of the System
• 11
i
for which System funds are not otherwise available, or for pay-
ing principal of and interest on any Bonds or Additional Bonds,
when and to the extent the amount in the Pledged Revenues Fund,
the Retirement Fund, and any other special fund created for the
• payment of principal of and interest on any Additional Bonds,
are insufficient for such purpose.
Section 14. RETIREMENT FUND AND OTHER PAYMENTS. (a)
• That there was created and established by Ordirance No. 78-12,
and there is hereby confirmed and ordered to be maintained at
The Fort Worth National Bank, Fort Worth, Texas, as trustee and
• escrow agent, and as a paying agent for the Bonds, and ac-
counted for separece and apart from all other funds of the
City, a separate trust and escrow fund to be entitled the "City
• of Denton Electric System Revenue Refunding Bonds Series 1978
Retirement Fund" (the "Retirement Fund"). The Retirement Fund
shall be used solely for the purpose of paying the principal of
and interest on the Series 1978 Bonds as the same mature and
come due, or on redemption prior to maturity, and shall consti-
tute a special sinking fund for the Bonds. The City has en-
tered into a trust and escrow agreement with The Fort Worth
National Bank (hereinafter called the "Series 197L Retirement
Trust Agreement") which provides for the payment of the princi-
pal of and interest on the Series 1978 Bonds as the same come
due, and the investment in Government obligations of money
deposited to the credit of the Retirement Fund by *:ia City.
• The City shall make depooits to the credit of the Retirement
Fund as hereinafter provided in this Ordinance. If Additional
Bonds are hereafter issued, separate special invested retire-
ment funds (similar to the Retirement Fund) may or may not be
established, at the option of the City, for the special benefit
of such Additional Bonds at a paying agent therefor, but the
Re*i.rement Fund ws,,.a creats?d solely for the benefit and security
of the Series 1978 Bonds. it is provided, however, that all
Bonds and Additional Bonds shall be equally and ratably secured
e
12
by and payable from the Pledged Revenues deposited to the
• credit of the Pledged Revenues Fund, without preference or
priority, and the Series 1978 Bonds are entitled to an ex-
clusive claim on the Retirement Fund only after the deposits
• have been made therein as provided in this ordinance.
(b) That it is specifically provided that the Series 1982
Bonds are not payable from or secured by the Retirement Fund or
any other separate special invested retirement fund, but the
Series 1982 Bonds are payable directly from Pledged Revenues in
the Pledged Revenues Fund, and Pledged Revenues sufficient to
• pay the principal of and interest on the Series 1982 Bonds as
the same come due shall be deposited directly with the paying
agents for the Series 1982 Bonds, out of the Pledged Revenues
• Fund, as required by Section 16(d) hereof.
(c) That all Bonds and Additional Bonds are on a parity
with respect to payment from Pledged Revenues in the Pledged
• Revenues Fund and each Series or issue of Bonds and Additional
Bonds has an equal and ratable claim on said Pledged Revenues.
Section 15. DEPOSITS OF PLEDGED REVENUES; INVESTMENTS;
• FUNDS SECURED. (a) That Pledged Revenues shall be credited to
or deposited in the Pledged Revenues Fund, the Retirement Fund,
the Reserve Fund, the Contingency Fund, the Improvement Fund,
• and other funds when and as required by this Ordinance and any
ordinance authorizing the issuance of Additional Bonds.
(b) That money in any Fund established pursuant to this
•
Ordinance (excepting the Retirement Fund, which shall be in-
vested only in Government obligations and as provided in the
Series 1978 Retirement Trust Agreement) may, at the option of
•
the City, be placed in time deposits or certificates of de-
posit secured by obligations of the type hereinafter described,
or be invested in direct obligations of the United States of
•
America, obligationa yuaiaiiLedu Oi litsui:ed Lr Liic uiiiL2u SLaLes
of America, which, in the opinion of the Attorney General of
the United Statee, are backed by its full faith and credit or
•
I
s 13
represent its general obligations, or invested in indirect
• obligations of the United States of America, including, but
not limited to, evidences of indebtedness issued, insured, or
guaranteed by such governmental agencies as the Federal Land
• Banks, Federal Intermediate Credit Banks, Banks for Cooperatives,
Federal Home Loan Banks, Government. National Mortgage Asso-
ciation, United States Postal Service, Farmers Home Adminis-
tration, Federal Home Loan Mortgage Association, Small Busi-
ness Administration, Federal Housing Association, or Par-
ticipation Certificates in the Federal Assets Financing Trust;
•
provided that all such deposits and investments shall be made
it such manner that the money required to be expended from any
Fund will be available at the proper time or times. Such in-
vestments shall be valued in terms of current market value as
of the 20th day of November of each year. All interest and
income derived from such deposits and investments immediately
•
shalt be credited to, and any losses debited to, the Fund
from which the deposit or investment was made, and surpluses
in any Fund shall or may be disposed of as hereinafter provid-
ed. Such investments shall be sold promptly when necessary
to prevent any default in connection with the Ponds or Addi-
tional Bonds.
•
(c) That money in all Funds created by this Ordinance,
to the extent not invested, shall be secured in the manner
prescribed by law for securing funds of the City.
•
Section 16. DEBT SERVICE REQUIREMENTS. (a) That prompt-
ly after the delivery of the Bonds the City shall cause to be
• credited to the Pledged RevQnueG Fund any accrued interest re-
ceived from the sale and delivery of the Bonds.
(b) That on or before May 251 1978, and semiannually
• on or before the 25th day of each November and of each May
thereafter, the City shall credit to the Pledged Revenues
Fund all available Pledged Revenues.
I•
14
•
I• (c) On or before June 1. 1978, and semiannually on or
before the 1st day of each December and of each June there-
after, the City shall deposit to the credit of the :retirement
♦ Fund, from Pledged Revenues in the Pledged Revenues Fund, such
amounts as then will cause to be on deposit to the credit of
the Retirement Fund:
• M money and/or
(ii) par or principal amount of Government Obli-
gations owned by the City,
• aggregating the amount, respectively, on each date, respect-
ively, shown on the following schedule:
Aggregate Aggregate Aggregate
Amount Date Amount Date Amount Date
•
$ 443,000 6/1/78 $8,355,775 6/1/88 $8,166,475 6/1/98
11877,814 12/1/78 91555,775 12/1/88 8,466,475' 12/1/98
1,705,072 6/1/79 8026,375 6/1/89 8,1571700 6/1/99
2,617,072 12/1/79 9,526075 12/1/89 81407,700 12/1/99
• 21701,072 6/1/80 8,296,375 6/1/90 8,150,387 6/1/00
31618,072 12/1/80 9,496,375 12/1/90 5,425,387 12/1/00
3,742,072 6/1/81 81266,075 6/1/91 8,142,343 611101
4,665,072 12/1/81 8,866,075 12/1/91 81417,343 12/1/01
4,830,072 6/1/82 8,250,775 6/1/91 8,134,300 6/2/02
51761,072 12/1/82 80850,775 12/1/92 8,434,300 12/1/02
• 519700072 6/1/83 8,235025 6/1/93 8,125,525 6/1/03
6,911,072 12/1/83 8,835,325 12/1/93 81425,525 12/1/03
7,165,072 6/1/84 8,219,725 6/1/94 8,116,750 6/1/04
8,128,072 12/1/84 8,819,725 12/1/94 8,416,750 12/1/04
8,430,072 6/1/b_~ 8,204,125 6/1/95 8,107,975 6/1/05
9,285,072 12/1/85 818040125 12/1/95 8,457,975 12/1/05
• 8,410,407 6/1/86 81188,375 6/1/96 81097,737 6/1/06
9x545,407 12/1/86 8,688,375 12/1/96 8,447,737 12/1/06
81383,735 6/1/87 8,175,250 6/1/97 8,087,500 6/1/07
9,548,735 12/1/87 8,475,250 12/1/97 6,175,500 12/1/07
Said schedule is intended to set forth the full aggregate
amounts which Are required to provide for the payment and re-
demption of the principal of and interest on the Series 1978
Bonds as the same mature and come due. However, it is antici-
pated that the interest income from the investment of money in
the Retirement Fund in Goverment Obligations will reduce the
amounts which otherwise would be required to be deposited from
•
the Pledged Revenues Fund in order to cause the Retirement Fund
to contain the required aggregate amount on each required date
as shown in said schedule. The Series 3978 Retirement Trust
•
15
Agreement provides for the investment of money deposited to the
• credit of the Retirement Fund in Government obligations and
other matters relating to the payment of the Series 1978 Bonds.
Id) On or before each June 1 and each December 1, the
• City shall make such deposits from the Pledged Revenues Fund as
are required by this Ordinance, and by each ordinance authoriz-
ing the issuance of any Additional Bonds for the payment of the
• principal of, interest on, and redemption premiums, if any, on
such Additional Bonds, either to one or more special invested
retirement funds Isimilar to the Retirement Fund) for any Addi-
tional Bonds, or directly to any paying agent for any such Ad-
ditional Bonds for which no special retirement fund is estab-
lished.
(e) All investment interest income from the Pledged
Revenues Fund shall be retained in and remain a part of such
Fund.
• Section 17. RESERVE FUND REQUIREMENTS. That there is now
on hand in the Reserve Fund the required amount of $2,250,000.
It is found and determined, and has been officially -stimated
by the senior financial officer of the City, that $1,817,025 is
the maximum amount which will be required by thin, ordinance to
be deposited in the Retirement Fund with respect to the Series
♦ 1978 Bonds in any future y year from Pledged Revenues in the
Pledged Revenues Fund, taking into consideration the estimated
amounts of Government Obligations and interest income thereon
to be available in the Retirement Fund in tho future. Ic is
further found and determined that no other special retirement
funds have been created, and that the average annual principal
and interest requirements of the Series 1982 Bonds are less
than $4291869. Therefore, the aggregate amount required to be
accumulated and maintained in the Reserve Fund by Section 23(b)
hereof after the delivery of the Seriec 190.2 Bonds is
$2,246,894, being less than the presently required $2,250,000.
Therefore, when and so long as the money and investments in the
I
I
~r 16
Reserve Fund are not less in market value than $2,250,J00 (the
• "Reserve Required Amount") no deposits need be made to the
credit of the Reserve Find; but at any time the Reserve Fund
contains less than the Reserve Required Amount, then, subject
• and subordinate to making the required deposits to the credit
of the Retirement Fund, and the deposits or payments required
by this Ordinance for the payment of the Series 1982 Bonds, and
• by any ordinance authorizing the issuance of Additional Bonds
for the retirement or payment thereof and the interest thereon,
the City shall transfer from Pledged Revenues in the Pledged
• Revenues Fund, and deposit to the credit of the Reserve Fund,
semiannually on or before the 25th day of each May and of each
November, a sum equal to 1/10th of the Reserve Required Amount,
until the Reserve Fund contains the Reserve Required Amount.
The City specifically covenants that it will, between the 20th
and 25th days of each May and of each November of each year,
• deposit to the credit of the Revenue Fund all surplus in the
Reserve Fund over the Reserve Required Amount, to be used
within five months after each such deposit solely for the
• payment of current operation and maintenance expenses of the
System.
Section 18. CONTINGENCY FUND REQUIREMENTS. That promptly
• after the delivery of the Series 1978 Bonds the City caused to
be deposited to the credit of the Contingency Fund, from pro-
ceeds from the sale and delivery of the Series 1978 Bonds, the
® sum of $250400. No deposits are required to be made to the
credit of the Contingency Find so long as the amount of money
and investments therein are at least equal in market value to
•
$250,000 (the "Contingency Required Amount"). If and when the
amount in the Contingency Fund is reduced or depleted to less
than the Contingency Required Amount, then, subject and
•
subordinate to making the required deposits to the credit of
the Retirement Fund, and the deposits or payments required by
this Ordinance for tho payment of the Series 1982 Bonds, and by
•
• 17
•
any ordinance authorizing the issuance of Additional Bonds for
the retirement or payment thereof and the interest thereon, and
•
the Reserve Fund, such reduction or depletion shall be restored
from Pledged Revenues in the Pledged Revenues Fund which shall
be budgeted for such purpose in the City's Annual Budget for
•
the System for the next ensuing fiscal year or years; provided
that the City is not required to budget more than an amount
equal to $50,000 for such purpose during any one fiscal year.
The City specifically covenants that it will, between the 20th
and 25th days of each May and of each November of each year,
• deposit to the credit of the Revenue Fund all surplus in the
Contingency Fund over the Contingency Fund Required Amount, to
be used within five months after each such deposit solely for
the payment of current operation and maintenance expenses of
the System.
Section 19. IMPROVEMENT FUND REQUIREMENTS. That during
• each year, subject and subordinate to making the required de-
posits to the credit of the Retirement Fund, the deposits or
payments required by this Ordinance for the payment of the
• Series 1982 Bonds, and by any crd'nance authorizing the issu-
ance of Additional Bonds for the retirement or payment thereof
and the interest thereon, the Reserve Fund, and the Contingency
Fund, the City shall be required to deposit to the credit of
the Improvement Fund from Pledged Revenues in the Pledged
Revenues Fund an amount equal to 88 of the "Adjusted Gross
• Revenues of the System", which term is hereby defined to mean
the following:
the Gross Revenues of the System for such year after
p deducting from such Gross Revenl]Pe an amount equal to
the current expenses of operation and maintenance of
the System for such year which are directly attribut-
able to (i) all fuel costs relat-:d to the production
of electric energy by the City and/or (ii) the pur-
chase of electric energy by t;-.e City.
L
I~
~ 18
Pdditional excess Pledged Revenues may, at the option of the
City Council, be deposited to the credit of the Improvement
A
Fund as permitted by Section 20 (b) hereof, but no such addi-
tional deposit is required. All investment interest income
from the Improvement Fund shall be retained in and remain a
•
Fart of such Fund.
Section 20. DEFICIENCIES; EXCESS PLEDGED REVENUES.
(a) That if on any occasion there shall not be sufficient
•
Pledged Revenues to make all deposits and payments when and as
required by this Ordinance and any ordinance authorizing th
issuance of any Additional Bonds, such deficiency shall be made
•
up as soon as possible from the next available Pledged Reve-
nues, or from any other sources available for such purpose.
• (b) That, subject to making all deposits and payments
when and as required by this Ordinance and any ordinance au-
thorizing the issuance of Additional Bonds, the excess Pledged
• Revenues in the Pledged Revenues Fund may be used by the City
for any lawful purpose.
Section 21. PAYMENT OF BONDS AND ADDITIONAL BONDS. On or
• before December 1, 1976, and semiannually on or before each
June 1 and December I thereafter while any of the Bonds or
Additional Bonds are outstanding and unpaid, the City shall
• make available to the paying agents therefor, out of the Re-
tirement Fund, any other fund hereafter created for the retire-
ment and payment of principal of and interest on any Additional
• Bonds, and directly out of the Pledged Revenues in the Pledged
Revenues Fund as required by this Ordinance, or out of the
improvement Fund, the Contingency Fund, or the Reserve Fund, in
• that order, if necessary, money sufficient to pay, on each of
such dates, the principal of and interest on the Bonds and
Additional Bonds as the same matures and comes due, or to re-
deem the Bonds or Additional Bonds prior to maturity, either
upon mandatory redemption or at the option of the City as set
forth herein.- The paying agents shall destroy all paid Bonds
• and Additional Bonds, and the coupons appertaining thereto, and
19
furnish the City with an appropriate certificate of cancella-
tion or destruction.
•
Section 22. FINAL DEPOSITS. (a) That any Bond or Addi-
tional Bond shall be deemed to be paid, retired, and no longer
outstanding within the meaning of this Ordinance when payment
•
of the principal of, redemption premium, if any, on such Bond
or Additional Bond, plus interest thereon to the due date
thereof (whether such due date be by reason of maturity, upon
•
redemption, or otherwise) either (i) shall have been made or
caused to made in accordance with the terms thereof (including
the giving of any required notice of redemption), or (ii)
•
shall have been provided by irrevocably depositing with or
making available to a paying agent therefor, in trust and
• irrevocably set aside exclusively for such payment, (1) money
sufficient to make such payment or (2) Government Obligations
which mature as to principal and interest in such amounts
• and at such times as will insure the availability, without
reinvestment, of sufficient money to make such payment, and
all necessary and proper fees, compensation, and expenses
of such paying agent pertaining to the Bonds and Additional
Bonds with respect to which such deposit is made shall have
been paid or the payment thereof provided for to the satis-
• faction,of such paying agent. At such time as a Bond or Addi-
tional Bond shall be deemed to be paid hereunder, as aforesaid,
it shall no longer be secured by or entitled to the benefits
• of this Ordinance or a lien on and pledge of the Pledged Rev-
enues, and shall. be entitled to payment solely from such money
or Government Obligations.
• (b) That any moneys so deposited with a paying agent may
at the direction of the City also be invested in Government
Obligations, maturing in the amounts and times as hereinbefore
• set forth, and all income from all Government Obligations in
the hands of the paying agent pursuant to this Section which
is not required for the payment of the Bonds and Additional
20
• Bonds, the redemption premium, if any, and interest thereon,
with respect to which such money has been so deposited, shall
be turned over to the City or deposited as directed by the
• City.
Section 21. ADDITI014AL BUIDS. (a) That the City shall
have the right and power at any time and from time to time,
• and in one or more Series or issues, to authorize, issue, and
deliver additional parity revenue bonds (herein called "Addi-
tional Bonds"), in accordance with law, in any amounts, for
• any lawful purpose, including the refunding of any Bonds or
Additional Bonds. Such Additional Bonds, if and when author-
ized, issued, and delivered in accordance with this ordinance,
• shall be secured by and made payable equally and ratably on
a parity with the Bonds, and all other outstanding Additional
Bonds, from an irrevocable first lien on and pledge of the
• Pledged Revenues.
(b) That the Pledged Revenues Fund, the Improvement
Fund, the Contingency Fund, and the Reserve Fund establish-
ed by this ordinance shall secure and be used to pay all Addi-
tional Bonds as well as the Bonds. Each ordinance under which
Additional Bonds are issued shall provide for the payment of
• such Additional Bonds and the interest thereon. Each such or-
dinance may provide for the creation of a special investei re-
tirement fund (similar to the Retirement Fund) for suc' ji-
tional Bonds or for payments directly to tha paying
therefor, as provided in Section 16(d) of this Ordinance.
Each such ordinance also shall provide and require that the
aggregate amount to be accumulated and maintained in the Re-
serve Fund shall be increased (if and to the extent necessary)
to an amount not less than the aggregate of the following:
•
(i) the maximum amount, as then estimated by the
senior financial officer of the City, which
will be required by this ordinance to be de-
posited to the credit of the Retirement Fund
21
l
in any future year from Pledged Revenues in
• the Pledged Revenues Fund, taking into con-
sideration the then estimated amounts of Govern-
ment obligations and interest income therefrom
•
to be available in the Retirement Fund in the
future, plus
(ii) the maximum amount, if any, as then estimated
•
by the senior financial officer of the City,
which will be required by any ordinance or or-
dinances authorizing the issuance of any Addi-
tional Bonds to be deposited to the credit of
any special invested retirement fund or funds
(similar to th Retirement Fund) for any out-
standing Additional Bonds in any future year
from Pledged Revenues in the Pledged Reven+ies
Fund, taking into consideration the then esti-
mated amounts of Government Obligations and
interest incr.ne therefrom to be available in
the future, plus
•
(iii) the average annual principal and interest re-
quirements of all Bonds and Additional Bonds
• to be outstanding following the delivery of
the then proposed Additional Bonds, which are
payable directly from the Pledged Revenues
• Fund and for which no special invested retire-
ment fund (similar to the Retirement Fund) has
been created and established by an ordinance
• authorizing the issuance of Additional Bonds.
Such required additional amount shall be so accumulated by the
deposit in the Reserve Fund of all or any part of said requir-
ed additional amount in cash immediately after the delivery of
the then proposed Additional Bonds, or, at the option of the
City, by the deposit of said required additional a.,ount (or
e any balance of said required additional amount not deposited
• 22
• in cash as permitted above) from Pledged Revenues in the Pledg-
ed Revenues Fund, in semiannual installments, made on or be-
fore the 25th day of each May and of each November following
the delivery of the then proposed Additional Bonds, of not
I
less than 1/10th of said required additional amount (or 1/10th
of the balance of said required additional amount not deposit-
ed in cash as permitted above).
(c) That all calculations of average annual principal
and interest requirements made pursuant to this Section shall
• be made as of and from the date of the P.dditional Bonds then
eroposed to be issued.
(d) That the principal of all Additional Bonds must be
• scheduled to be paid or mature on December 1 of the years in
which such principal is scheduled to be paid or mature; and
all interest thereon must be payable on May 1 and December 1.
• Section 24. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS.
That Additional Bonds shall be issued only in accordance with
this ordinance, but notwithstanding any provisions of this
• Ordinance to the contrary, no installment, Series, or issue
of Additional Bonds shall be issued or delivered unless:
(a) The Mayor and the City Secretary of the City sign
• a written certificate to the effect that the City is not in
default as to any covenant, condition, or obligation in con-
nection with all ,atstanding Bonds and Additional Bonds, and
• the ordinances authorizing same, and that the Retirement Fund,
any other special invested retireme,zt fund (similar to the
Retirement Fund) hereafter created for the retirement and
io __na
•
payment of tho
~ principal of and interest on any Additional
_
Bonds, and the Reserve Fund each contains the amount then re-
quired to be therein.
(b) An independent certified public accountant, or in-
dependent firm of certified public accou,itants, signs a
written certificate to the effect that, during either the.
•
next preceding year, or any twelve consecutive calendar month
23
• period ending not more than ninety days prior to the passage
of the ordinance authorizing the issuance of the then propos-
ed Additional Bonds, the Pledged Revenues were, in his or its
• opinion:
(1) at least $4,500,000, if the ordinance author-
izing the issuance of any Additional Bonds is
passed before September 30, 1979, which is the
I end of the next complete fiscal year of the City,
or, if the ordinance authorizing the issuance of
any Additional Bonds is passed after September
30, 1979,
(2) at least equal to 1.4 times the aggregate of the
• following amounts:
(i) the amount actually deposited, as re-
quired h:, .his Ordinance, to the credit of
• the Retirement Fund from Pledged Revenues in
the Pledged Revenues Fund during such year or
twelve month period, plus
• (ii) the amount, if any, actually deposit-
ed, as required by any ordinance or ordinances
authorizing the issuance of Additional Bonds,
• to the credit of any other special invested
retirement fund or funds (similar to the Re-
tirement Fund) for any outstandinc Additional
•
Bondi fro.,, Pledged Revenues in ih@ Pledged
Revenues Fund during such year or twelve
month period, plus
•
(iii) the average annual principal and in-
terest requirements of all Additional Bonds,
if any, to be outstanding after the delivery
•
of the then proposed Additional Bonds, which
are payable directly from the Pledged Revenues
Fund and for which no special invest-I retire-
ment fund (similar to the Retirement Fund)
24
has been created and established by an ordi-
nance authorizing the issuance of Additional
Bonds.
Section 25. GENERAL COVENANTS. The City further cove-
nants and agrees that in accordance with and to the extent
required or permitted by law:
(a) PERFORMANCE. It will faithfully perform at all times
• any and all covenants, undertakings, stipulations, and provi-
sions contained in this ordinance, and each ordinance authoriz-
ing the issuance of Additional Bonds, and in each and every
• Bond and Additional Bond; that it will promptly ray or cause to
be paid the principal of and interest on every Bond and Addi-
tional Bond, on the dates and in the places and manner pre-
scribed in such ordinances and Bonds or Additional Bonds; and
that it will, at the times and in the manner prescribed, de-
posit or cause to be deposited the amounts required to be de-
posited into the Pledged Revenues Fund, into the Retirement
Fund, with the paying agents for all Bonds payable directly
from the Pledged Revenues Fund, into any other fund or account
• established for any Additional B-jnds, and into the Reserve Fund
and the Contingency Fund; and -iny holder of the Bonds or ABdi-
tional Bonds may require the City, its officials, and em-
ployees, to carry out, respect, or enforce the covenants and
obligations of this Ordinance, or any ordinance authorizing the
issuance of Additional Bonds, by all legal and equitable means,
M including specifically, but without limitation, the use and
filing of mandamus proceedings, in any court of competent
jurisdiction, against the City, its officials, and employees.
(b) CITY'S LEGAL AUTHORITY. It is a duly created and
existing home rule city of the State of Texas, and is duly
authorized under the laws of the State of Texas to create and
• issue the Bonds; that all action on ita part for the creation
and issuance of the Bonds has been duly and effectively taken,
25
• and that the Bonds in the hands of the holders and owners there-
of are and will be valid and enforceable special obligations of
the City in accordance with their terms.
• (c) TITLE. It has or will obtain lawful title to the
lands, buildings, structures, and facilities constituting the
System, that it warrants that it will defend, the title to all
• the aforesaid lands, buildings, structures, and facilities, and
every part thereof, for the benefit of the holders and owners
of the Bonds and Additional Bonds, against the claims and de-
mands of all persons whomsoever, that it is lawfully qualified
to pledge the Pledgsd Revenues to the payment of the Bonds and
Additional Bonds in the manner prescribed herein, and has law-
fully exercised such rights.
(d) LIENS. It will from time to time and before the same
become delinquent pay and discharge ;ill taxes, assessments, and
• governmental charges, if any, which shall be lawfully imposed
upon it, or the System, that it will pay all lawful claims for
rents, royalties, labor, materials, and supplies which if un-
paid might by law become a lien or charge thereon, the lien of
which would be prior to or interfere with the liens hereof, so
that the priority of the liens granted hereunder shall be fully
• preserved in the manner provided herein, and that it will not
create or suffer to be created any mechanic's, laborer's, ma-
terialman's, or other lien or charge which might or could be
prior to the liens hereof, or do or suffer .any matter or thing
whereby the liens hereof might or could be impa£redi provided,
however, that no such tax, assessment, or charge, and that no
such claims which might be used as the basis of a mechanic's,
laborer's, mater:,alman's, or other lien or charge, shall be
required t be p:kid so long as the validity of the same shall
be contested in good faith by the City.
(e) OPERATION OF SYSTEM) NO FREE SERVICE. While the
Bonds or any Additional Bonds are outstanding and unpaid the
City shall continuously and efficiently operate the System,
26
and shall maintain the System in good condition, repair, and
• working order, all at reasonable cost. Do 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
shall be made by the city out of funds from sources other than
the revenues of the System, unless made from surplus or excess
• Pledged Revenues as permitted in Section 20(b) hereof.
(f) FURTHER ENCUMBRANCE. While the Bonds or any Addi-
tional Bonds are outstanding and unpaid, the City shall not
• additionally encumber the Pledged Revenues in any manner, ex-
cept as permitted in this Ordinance in connection with Addi-
tional Bonds, unless said encumbrance is made junior and sub-
ordinate in all respects to the liens, pledges, covenants, and
agreements of this Ordinance and any ordinance authorizing the
issuance of Additional Ba:d~ but tho rigat -of &'-a to
• issue revenue bonds payable from a subordinate lien on the
Pledged Revenues is specifially recognized and retained.
(g) SALE OR DISPOSAL OF PROPERTY. While the Bonds or
•
any Additional Bonds are outstanding and unpaid, the City
shall not sell, convey, mortgage, encumber, lease, or in any
manner transfer title to, or otherwisa dispose of the System,
• or any significant or substantial part thereof; provided that
whenever the City deems it necessary to dispose of any property,
machinery, fixtures, or equipment, it may sell or otherwise
•
dispose of such property, machinery, fixtures, or equipment
when it has made arrangements to replace the same or provide
substitutes therefor, unless it is determined by resolution of
the City Council that no such replacement or substitute is
necessary.
II_ (h) INSURANCE. (1) The City shall cause to be insured such
parts of the System as would usually be insured by corporations
i•
operating like properties, with a responsible irsuranc6 company
•
• 27
or companies, against risks, accidents, or casualties against
• which and to the extent insurance is usually carried by corpora-
tions operating like properties, including, to the extent
reasonably obtainable, fire and extended coverage insurance,
• insurance against damage by floods, and use and occupancy in-
surance. Public liability and property damage insurance shall
also be carried unless the City Attorney of the City gives a
•
written opinion to the effect that the City is not liable for
claims which would be protected by such insurance. At any time
while any contractor engaged in construction work shall be fully
•
responsible therefor, the City shall not be required to carry
insurance on the work being constructed if the contractor is
required to carry appropriate insurance. All such policie3
•
shall be open to the inspection of the Bondholders and their,
representatives at all reasonable times. upon the happening
of any loss or damage covered by insurance from one or more
•
of said causes, the City shall make due proof cf loss and shall
do all things necessary or desirable to cause the insuring
• companies to make payment in full directly to the City. The
proceeds of insurance covering such property, together with
any other funds necessary and available for such purpose, shall
be used Forthwith by the City for`reparing the property
•
damaged or replacing the property destroyed; provided, how-
ever, that if saki insurance proceeds and other funds are in-
sufficient for such purpose, then. said insurance proceeds
•
pertaining to the System shall be used promptly as follows:
(i) for the redemption prior to maturity of the Bonds
t~ and Additional Bonds, ratably in the proportion that the
I outstanding principal of each Series or issue of Bonds
or Additional Bonds bears to the total outstanding prin-
cipal of all Bonds and Additional Bonds, provided that
if on any such occasion the princfpal'of any'euch Series
or issue is not subject to redemption, it shall not be
regarded as -.tstanding in making the foregoing compu-
tation; or
• 28
• (ii) if none of the outstanding Bonds or Additional
Bonds is subject to redemption, then for the purchase
on the open market and retirement of said Bonds and
• Additional Bonds in the same proportion as prescribed
in the foregoing clause (i), to the extent practicable;
provided that the purchase price for any Bond or Addi-
• tional Bond shall not exceed the redemption price of
such Bond or Additional Bond on the first date upon
which it becomes subject to redemption; or
• (iii) to the extent that the foregoing clauses (i)
and (ii) cannot be complied with at the time, the in-
surance proceeds, or the remainder thereof, shall be de-
posited in a special and separate trust fund, at an
official depository of the City, to be designated the
Insurance Account. The Insurance Account shall be held
• until such time as the foregoing clauses (i) and/or (ii)
can be complied with, or until other funds become avail-
able which, together w.itli L. -t Insurance Account, will be
• sufficient to make the repair: or replacements originally
required, whichever of said events occurs first.
(2) The annual audit hereinafter required shall contain
• a section commenting on whether or not the City has complied
with the requirements of this Section with respect to the main-
tenance of insurance, which comments shall be based upon a certi-
•
ficate of the City Manager or other official designated by the
City Council, and listing all policies carried, and whether or
not all insurance premiums upon the insurance policies to which
•
reference is hereinbefore made have bean paid,
(i) RATE COVENANT. The City Council of the City will fix,
• establish, maintain, and collect such rates, charges, and fees
for the use and availability of the System at all times as are
necessary to produce Gross Revenues sufficient, together with
• any other Pledged Revenues, (1) to pay all cilrrent operation
• 29
and maintenance expenses of the System, and (2) produce an
• amount of Pledged Revenues each year at least equal to (i) 1.4
times the aggregate of the following amounts:
(1) the amount required to be deposited by this
• Ordinance to the credit of the Retirement
Fund during such year after giving effect to
the anticipated interest income from the
• investment of the moneys and investments
in the Retirement Fund), plus
(2) the amount, if any, required to be deposited
• by any ordinance or ordinances authorizing
the issuance of Additional P:+nds to the credit
of any other special invested retirement fund
! or funds (similar to the Retirement Fund) for
any outstanding Additional Bonds from Pledged
Revenues in the Pledged Revenues Fund during
• such year, plus
(3) the average annual principal. and interest re-
quirements of all then outstanding Additional
• Bonds, if any, which are payable directly from
the Pledged Revenues Fund and for which no
special invested retirement fund (similar to
•
the Retirement Fund) has been created and es-
tablished by an ordinance authorizing the issu-
ance of Additional Bonds,
•
or (ii) amounts sufficient to provide for the deposits required
by Sections 18 and 19 hereof to be made to the credit of the
Contingency Fund and the Improvement Fund, whichever of (i)
•
or (ii) is the greater.
(j) RECORDS. It will keep proper books of record and
I account in which full, true, and correct entries will be made
•
of all dealings, activities, and transactions relating to the
System, the Pledged Revenues, and the Funds created pursuant
to this Ordinance, and all books, documental and vouchers re-
lating thereto shall at all reasonable times be made avail-
able for inspection upon request of any Bondholder.
• 30
(k) AUDITS. After the close of each year while any of
the Bonds or any Additional Bonds are outstanding, an audit
• will be made of the books and accounts relating to the System
and the Pledged Revenues by an independent certified public
accountant or an independent firm of certified public account-
ants. As soon as practicable after the close of each such year,
and when said audit has been completed and made available to
the city, a copy of such audit for the preceding yeaL shall be
• mailed to the Municipal Advisory Council of Texas and to any
bondholders who shall so request in writing. Such annual audit
reports shall be open to the inspection of the bondholders and
• their agents and representatives at all reasonable times.
(1) GOVERNMENTAL AGENCIES. It will comply with all cf
the terms and conditions of any and all franchises, permits,
• and authorizations applicable to or necessary with respect to
the System, and which have been obtained from any governmental
agency; and the City has or will obtain and keep in full force
• and effect all franchises, permits; authorization, and other
requirements applicable to or necessary with respect to the
acquisition, construction, equipment, operation, and mainten-
• ance of the System.
(m) NO COMPETITION. It will not operate, or grant any
franchise or permit for the acquisition, construction, or
operation of, any local electric energy distribution facili-
ties which would be in competition with the System, and, to
the extent that it legally may, the City will prohibit any
such competing facilities.
(n) NO ARBITRAGE. That the City covenants to and with
the purchasers of the Bonds that it will make no use of the
•
proceeds of the Bonds at any time throughout the term of this
issue of Bonds which, if such use had been reasonably expect-
ed on the date of delivery of the Bonds to and payment for the
•
Bonds by the purchasers, would have caused the Bonds to be
arbitrage bonds within the meaning of Section 103(c) of the
Internal Revenue Code of 1954, as amended, or any regulations
•
• 31
~ r
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 regulations relating to arbitrage bonds. The
City further covenants that the proceeds of the Eonds 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 meening of the aforesaid Section 103(c), or any
regulations pertaining thereto.
• Section 26. AMENDMENT OF ORDINANCE. (a) The holders of
Bonds and Additional Bonds aggregating in principal amount 511
of the aggregate principal amount of then outstanding Bonds
• and Additional Bonds shall have the right from time to time to
approve any amendment to this Ordinance which may be deemed
necessary or desirable by the City, provided, however, that
nothing herein ccntalned shall permit or be construed to per-
mit the amendment of the terms and conditions in this Ordinance
or in the Bonds or Additional Bonds so as to:
(1) Make any change in the maturity of the outstand-
ing Bonds or Additional Bonds;
I (2) Reduce the rate of interest borne by any of the
outstanding Bonds or Additional Bonds;
(3) Reduce the amount of the principal payable on
the outstanding Bonds or Additional Bonds;
(4) Modify the terms of
y payment of principal of or
interest on the outstanding Bonds or Additional
Bonds, or impose any conditions with respect to
• such payment;
(5) Affect the rights of the holders of less than
all of the Bonds and Additional bonds then
out- standings (6) Change the minimum percentage of the princi-
pal amosint of Bon.le and ndrt{tinnml 13nn,4e
I~ neceie~try for consent to such amendment.
• 32
IL e
' (b) If at any time the City shall desire to amend the
Ordinance under this Section, the City shall cause notice of
the proposed amendment to be published in a financial news-
paper or journal published in the City of New York, New York,
once during each calendar week for at least two successive
calendar weeks. Such Notice shall briefly set forth the na-
ture of the proposed amendment and shall state that a copy
thereof is on file at the principal office of the Paying Agents
for inspection by all holders of Bonds and Additional Bonds.
Such publication is not required, however, if notice in writ-
ing is given to each holder of Bonds and Additional Bonds.
(c) whenever at any time not less than thirty days, and
0 within one year, from the date of the first publication of said
notice or other service of written notice the City shall re-
ceive an instrument or instruments executed by the holders of
0 at least 51% in aggregate principal amount of all Bonds and
Additional Bonds then outstanding, ~:hich instrument or instru-
ments shall refer to the proposed amendment described in said
O notice and which specifically consent to end approve such
amendment in substantially the form of the copy thereof on
file with the Paying Agents, the City Council may pass the
• amendatory ordinance in substantially the Same form,
(d) Upon the passage of any amendatory ordinance pur-
suant to the provisions of this Section, this ordinance shall
0 be deemed to be amended in accordance with such amendatory
ordinance, and the respective rights, duties, and obligations
under this Ordinance of the City and all the holders of then
0 outstanding Bonds and Additional Bonds and all future Bonds
and Additional Bonds shall thereafter be determined, exercised,
and enforced hereunder, subject in all respects to such amend-
ments.
(e) Any consent given by the holder of a Bond or Addi-
tional Bond pursuant to the provisions of this Section shall
33
i
0 be irrevocable for a period of six months from the date of
the first publication of the notice provided for in this
Section, and shall be conclusive and binding upon all future
® holders of the same Bond or Additional Bond during such period.
Such consent may be revoked at any time after six months from
the date of the first publication of such notice by the holder
0 who gave such consent, or by a successor in title, by filing
notice thereof with the paying agents and the City, but such
revocation shall not be effective if the holders of 518 in
0 aggregate principal amount of the then outstanding Bonds and
Additional Bonds as in this Section defined have, prior to the
attempted revocation, consented to and approved the amendment.
• (f) For the purpose of this Section, the fact of the
holding of Bonds or Additional Bonds by any bondholder and
the amount and numbers of such Bonds or Additional Bonds and
0 the date of their holding same, may be prove. by the affidavit
of the person claiming to be such holder, or by a certificate
axecuted by any trust company, bank, banker, or any other de-
0 pository wherever situated showing that at the date therein
mentioned such person had on deposit with such trust company,
bank, banker, or other depository, the Bonds and Additional
Bonds described in such certificate. The City may conclusively
assume that such ownership continues until written notice to
the contrary is served upon the City.
'0 Section 27. "FROVAL AND REGISTRATION OF SERIES 1982
BONDS. That the Mayor of the City is hereby authorized to have
control of the Series 1982 Bonds and all necessary records and
proceedings pertaining to the series 1982 Bonds pending their
delivery and their investigation, examination, and approval by
the Attorney General of the State f Texas, and their registra-
tion by the Comptroller of Public Accounts of the Stata of Texas.
Upon registration of the Series 1982 Bonds, said Comptroller of
Public Accounts (or a deputy designated in writing to act for
•
34
said Comptroller) shall manually sign the Comptroller's Fegis-
tration Certificate painted and endorsed on the Series 1982
Bonds, and the seal of sair_ Comptroller shall be impressed, or
placed in facsimile, on each of the Series 1982 Bonds.
Section 28. That it is hereby officially found and de-
termined: that a case of emergency or urgent 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 necessary and
• urgently needed public iriprovemen*_s; and that said meeting was
open to the public, and public notice of time, puce, and
purpose of said meeting was given, all as required by Vernon's
• Ann. Civ. St. Article 5252-17.
Section 29. That the City Council officially finis, de-
termines, and declares that said bonds have been duly adver-
t 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
pIN176 W4Ce)
headed by Hed*'t.oe- LyNCAIA49,01Me- K.i1~'Ers 6iaw.~pT
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 $y, ro
Section 30. It is further found and determined that the
• Official Notice of Sale for said bonds was duly published on
January 29, 1982, in The Bond Buyer, New York, New York, which
is a national publication regularly and primarily carry-
0 ing financial news and m+inicipal bond notices, and on
January 29, 1982, in the Denton Record-Chronicle, which has
a ~ -
been designated as the official newspaper of the City of
• Denton. The form and subotance of said official Notice of
Sale, and the aforesaid publications thereof, are hereby ap-
proved and ratified in all respects by the City Council.
•
35
Section 31. That it is hereby officially found, deter-
mined, and declared that said bonds have been sold at public
s31e to the bidder offering the lowest interest cost, after
receiving sealed bids pursuant to an official Notice of Sale
I• and Official Statement dated Februarv 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 City Council. It is further offi-
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-
sFects, to the hest knowledge and belief of the City Council.
•
•
•
•
•
•
•
• 36
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, 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 Electric System Revenue Bonds,
Series 1982, dated April 1, 1982, in the principal amount of
$3,000,000 (the "Bonds"), which Bonds were authorized by
Ordinance No. 82-28 passed by the City Council of the City of
Denton on March 2, 1982.
2. That no petition whatsoever has been filed with the
City, the City Council, or any of its officers protesting the
issuance of the 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.
SIGNED AND SEALED this the day of 1982.
City Secretary
(CITY SEAL)
'.1
I~
•
THE STATE OF TEXAS
COUNTY OF DALLAS
•
Alexander Grant & Company, an independent firm of Certi-
fied Public Accountants, hereby certifies as follows:
1. That this certificate is executed with reference to
the proposed City of Denton Electric System Revenue Bonds,
Series 1982, dated April 1, 1982, in the principal amount of
$3,000,000 (the "Series 1982 Bonds"), authorized by ordinance
passed by the City Council of the City of Denton, Texas, on
March 2, 1982.
2. That the term "Pledged Revenues" as used in this
certificate has the same meaning as used and defined for such
term ii: Ordinance No. 78-12 passed by the City Council of the
City of Denton on March 21, 1978 (the "Series 1978 Bond Ordi-
nance"), authorizing the issuance of City of Denton Electric
System Revenue Refunding Bonds, Series 1978 (the "Series 1978
Bonds"), which Pledged Revenues consist of the "Net Revenues of
i• the City's Electric Light and Power System", as such term is
defined in the aforesaid Series 1978 Bond Ordinance.
3. That, in our opinion, during the next preceding fiscal
year of the City (which fiscal year ended September 30, 1981)
the Pledged Pevenues were at least equal to 1.4 times the
aggregate of the following amounts:
(i) the amount actually deposited, as required by
the 1978 Bond Ordinance, to the credit of the Retirement
Fund (created for the benefit of the Series 1978 Bonds by
• the Series 1978 Bond Ordinance) during such fiscal year,
plus
(ii) the average annual principal and interest re-
quirements of the Series 1982 Bonds.
• EXECUTED this the day of March, 1982.
ALEXANDER GRANT & COMPANY
by
• Cert Puke o c Accountant
j THE STATE OF TEXAS
COUNTY OF DALLAS
• BEFORE ME, the undersigr.?d authority, on this day person-
sonally appeared Lary A. Jobe , a Certified Public
Accountant, known to me to b- a the person whose name is sub-
scribed to the foregoing certificate, and acknowledged to me
that he executed said certificate on the date stated therein.
• GIVEN UNDER MY i1AND and seal of office, this the Sflu day
of March, 1982, p
Not y Public in an or Da a
County, Texas
•
My Commission expires
(NOTARY PUBLIC SEAL)
•
•
GENERAL CERTIFICATE
THE STATE OF TEXAS
COUNTY OF DEN MI
• CITY OF D&VPON
We, the undersigned, hereby officially certify that we are the Mayor and
City Secretary, m. i,vely, of said City, and we further certify as follows:
1. That said City is a duly incorporated Hare Bale City, having more than
5000 inhabitants, operating and existing under the Constitution and laws of the
State of Texas and the duly adopted Flare Nile Charter of said City, which
Garter has not been changed or amended since the passage of the ordinance
authorizing the issuance of the City of Denton Certificates of Obligation,
Series 1980, dated April 15, 1980.
• 2. That no litigation of any nature has ever been filed pertaining to,
affecting, or contesting: (a) the ordinance which authorized the proposed City
of Denton Electric System Revenue Bonds, Series 1982, dated April 1, 1982, in
the principal amount of $3,000,000, (b) the issuance, delivery, payment,
security, or validity of said proposed bonds, (c) the title of the present
umbers and officers of the City Council of said City to their respective
offices, or (d) the validity of the corporate existence or the Charter of said
City.
3. That none of the revenues or incase of said City's Electric Light and
Faner System have been pledged or encuTbered 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 issue of
revenue bonds of said City:
City of Denton Electric System Revenue Refunding Bonds, Series 1978 (the
"Series 1978 Bonds"), authorized by Ordinance No. 78-12, passed on March
• 21, 1978 (the "1978 Bond Ordinance").
4. That the City is not in d.-fault as to any covenant, condition, or
obligation in connection :with the above described outstanding Series 1978 Bonds
and the 1978 Bond ordinance authorizing same; and that the Retirement Fund
created by said 1978 Bond Ordinance for the benefit of the above described
outstanding Series 1978 Bonds and the Reserve Fund created by said 1978 Band
Ordinance for the benefit of said outstanding Series 1978 Bonds and all
Additional Bonds issued pursuant to the 1978 Bond Ordinance, including the pro-
posed Series L982 Bonds, each contains the amount new required to be therein.
5. That Bill McNary is the Director of Finance of the City of Denton and
• is the senior financial officer of the City.
6. That it is estimated by the senior financial officer of the City that
$1,817,025 is the maxinan amount which will be required by the 1978 Bond
Ordinance to be deposited to the credit of the Retirement Fund created by the
1978 Bond Ordinance in any future year from Pledged Revenues in the Pledged
• it-venue Fund created by said 1978 Pond Ordinance, taking into consideration the
estimated amounts of G vermmant Obligations and interest incarn therefrom to be
available in said Retirement Fluid in the future.
7. That the staterients and information set forth in the Official State-
ment dated February 15, 1982, pertaining to the aforesaid proposed Bonds and
• the City, and particularly the Electric Light and Power System operating
statement, debt service requirements, and coverage factors set forth on page 5
thereof are true and correct, and the Electric Rates set forth on page 9
thereof are currently in effect and were authorized by an ordinAnoa, 6)ly passed
by the City Council.
• SIG ZED AND SEALED this 2nd day of March, 1982.
City Secretary E r
•
2~
Director WF
(SEAT.)
I~
l
t 3.
• The Attorney General of Texas
April 1, 1982
IARK WHITE
Itorney General
THIS IS TO CERTIFY that the following described
bonds, together with authenticated copies of the
IT o•-,c~,.+e~~m„a proceedings relating to and authorizing the issuance
0L;". of same, have bean submitted to me for examination
Tx 7A1
• ;,-5,s-, in accordance with the requirements of the statutes
of the State of Texas, to-wit:
CITY 01, DFt1TUa E1,LCPRI:' SYST1:91 REVI;NUL' PONDS, S1IRTES 1982,
issued by virtue of an orQin'~ncc adopt~.d f,y th~City Council
of said CiLy of D•_ntori, Texas on the 2nd diiy of ;arch, 1982,
for th_ purpose of providing ;nonjy for improvcm+,nts and
• cxt._nsions of the electric light .end power system of th'_ City;
dated April 1, 1982; numbered consucuLively from 1 to 600,
inclusive; in the denomination of Fivc Thousand lollars ($5,000)
each; aggregating the principal sum of Three Million Dollars
($3,000,000); maturing serially on December I in each of the
• years as follows:
1983/1986 $ 75,000
1987 100,000
1988/2000 200,000
• bearing interest from date to maturity or prior redemption
at the following rates per annum, to-wit:
Bonds maturing 1983 12.75%
Bonds maturing 1984/1985 13.00%
Bonds maturing 1990 12.50%
• Bonds maturing 1991 11.25%
Bonds maturing 1992 11.501t
Bonds maturing 1993 1.1.75%
Bonds maturing 1994 12.001
Bonds maturing 1995 12.25%
Bonds maturing 1996 12.50%
Bonds maturing 1997/1998 12.75%
Bonds maturing 1599/2000 11.00%
payable on December 1, 1982, and semiannually thereafter on
June 2 and December 1 in each year while said bonds are
outstanding; both principal and interest payable at The Fort
• Worth National Bank, Fort Worth, Texas, or, at the option of
the bearer, at the First State Bank of Denton, Denton, 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 sr!d bonds and proceedings
and the Constitution and laws of the State of Texas on the
subject of `he execution and issuance thereof, I 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;
12) That these bonds are secured by and payable from an
irrevocable first lien on and pledge of the "Pledged
Revenues", as defined in the Ordinance authorizing this
• series of bonds, which include initially the "Net Revenues
of the City's Eluctric 'light rand Power System", as such
term is d,-fined in the ordinancu, and which "Fledged
ib.rr<.crn.as" r,,:1, in th.~ Jutur•_, at th., option of the City,
include oth~:r t,esourcus;
• (3) That said city has resorv~d the right, subject to the
restricLions stated in the Ordinarrcr•, to issu r additional
parity rev,nu,~ bonds which also may b-,, secured by and
payablr_ from on irrevocable f i r5t l i ,,rn on and pL dqe of
th_ forusaid Pledged Revenues, in thu, same manner and
to tha same extent as this seri.eti or' bonds;
db
(4) That the holders of said bonds shall never have the right
to demand payment of these obligations out of any funds
raiseG or to be raised by taxation, or from any source
whatsoever other than the Pledged Revenues and other
sources described in the Ordinance;
•
(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 JUDCMENT, 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.
WHEREFORE, said bonds are hereby approved.
'.N TESTIMONY WHEREOF, I have hereunto signed my name offi-
• ciall.y and caused the sea]. of my office to be impressed hereon,
in the City of Austin, Texas.
No. 18114 Attorney General of the state of Texas
• Book No. 71
jh
OIAPICL. 01: COMPfkOLUR I
• OF THE SFATE 01' TEXAS 4
I, Bob Bullock. Comptroller of Public Accounts of the State of Texas, do hereby
certify that the foregoing hereof is a true and correct copy of the opinion of the Attorney
Gencralapprosingthe City of Denton Electric System Revenue Bonds,
Series 1982
Mill lb n'd lVllk'ellt l~2'1frU{11 IO of th, jcilvrllllatVOn of
t 5 000.00 h, d,IcdAPH1 1l9 52 due See foregoing
•
inlrn si Various
i crcc nl, under mill by alltll(uity Of which Slid ponds were registered
in This office, on Ihe_2nd _duy of Apri 1 19.82 , as the same apprdrs of record
on pd,~e 442 Bond ReeiAcr of the Coll) pircllcr's Office, Vol. 3 _ Register Number
• 46522 -Y
Gisen under my hand and scar of office, at Austin, Texas, the 2nd _
day of April _ 19 82
Bob bullock
Comptroller of Public Accounts of the
Slat: of Texas
•
•
•
. ~ • ...1i )r,u ;r~n.l A.%it.ev. Ill ll
t
OFFICE OF COMPI ROLLER
OF THE STATE OF TEXAS E
Arlene Chisholm
L Bond Clerk K] Assistant Bond Clerk in the office
of the Comptroller of the State of Texas, do hereby certify that, acting under the direction and
2nd April 19 82_
authority of said Comptroiler on the day of
1 signed the name of said Comptroller to the certificate of registration indorsed upon each of the
City of Denton Flectric System Revenue Bonds, Series 1982
1
to 600- _ inclucive, datnd r- pri 1 1 , --19 2
- -r
numLcrrd from -
and that signing seid. ertlficate of registration l used the follo~ving signature'
IN WITNESS WHEREOF I have executed this certificate this - 2nd -day of
April _ 19 82 -
0 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. Stat. Ann, art. 4362 (1969), with authority to sign my
name to all certificates of registration, Ind/or cancellation of bonds required by law to be registered
and/or cancelled by me, and was actirg as such on the date first ineniiuncul In said certificcte, anal
tothat the bonds described in said certificate have been duly registered in the office of said
Comptroller, as appears of record on page 402 of volume 83 _--under Ragictratinn
Number _ 46522--- in the Bond Register kept in the office of the said Comptroller.
0 GIVEN under my hand and seal of office at Austin, Texas, this --_2nd day of
April 19 82
BOB BULLOCK
Comptroller of Public Accounts of the
State of Texas
0
NO-ARBITRAGE CERTIFICATE
THE STATE 01' TEXAS
COUNTY OF DENTON
• CITY OF DENTON
The undersigned, being the duly chosen and qualifi-d Mayor
and City Manager, respectively, of the City of Denton, :4xas
(the "City"), hereby certify with respect to that issue of city
of Denton Electric System Revenue Bonds, Series 1982, dated
• April 1, 1982, in the principal amount of $3,000,000 (the
"bonds"), as follows:
1. that we, along with other officers, are charged
with the responsibility of issuing the bonds and ex-
pending the proceedings 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 will 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
Electric Light and Power System of the City (the "Svs-
tem");
• (b) that the City will incur, within six months
after the date 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, with the amount to be paid under each
• such contract with respect to each such project to be
in excess of two and one-halt percent of the part of
the honey 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 of 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 received from the
sale 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 bonds=
• (e) that none of the amounts received from the sale
of the bonds will be placed in a reserve or replacement
fund, and, except as provided in (g), below, none of the
amounts received from 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;
r
M that a separate and special "Pledged Revenue
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 "Pledged Revenue Fund" will not be invested except
during the thirteen month period beginning on the date
of each such deposit of money, and the amounts received
from the investment of money in the "Pledged Revenue
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 "Pledged Revenue Fund" will
be used primarily co achieve a proper matching of rev-
enues deposited therein and debt service on the bonds
within each bond year, and it is expected that the
"Revenue Fund" will be depleted once a year on a first
in - first out basis except for a possibly 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;
a
(g) that the bonds and other first lien parity
bonds are secured by a first lien on and pledge of the
Net Revenues of the City's Electric Light and Power
System and are payable from the above "Revenue Fund";
and said bonds and other first lien parity bonds also
• are secured by a separate and special reasonably re-
quired debt service "Reserve Fund" created and estab-
lished for the purpose of paying the principal of and
interest on the bonds and other first lien parity bonds,
in case the amounts available from the "P1adapO RPvPnuP
Fund" should he insufficient for such purpose, and to
• be used finally to retire the last of the outstanding
bonds and other first lien parity bonds; and there is
now held in the "Reserve Fund" the amount of $2,250,000,
and said amount will not be increased unless additional
first lien parity bonds are hereafter issued; and such
aggregate amount at all times will be less than 15% 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;
M that the amucnts received from the sale of the
bonds, including all investment income derived there-
from, will nct exceed the amour.~:s necessary for the
governmental purposes of the bonds;
O (j) that the City has not been notified of any
listing 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 an. manner that - uld cause such
obligations to be arbitrage bonds under Section 103(c) of
the Code and the Regulations prescribed under that Sec-
tion and it is further specifically covenanted that the
proceeds of the bonds will not be used directly or indi-
rectly so as to cause all or any part of the bonds to be or
become arbitrage bonds within the meaning of t%at Caction
• 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 foregoing conclusions or statements.
EXECUTED this ~R 1982
i
• y r, 1t o D nton, Te
City anager, ity of nton,
Texas
(SEAL)
•
•
•
•
•
•
•
•
•
•
•
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 this certificate is executed and delivered with reference tc that issue of
City of Denton Electric System Revenue Bonds,
« Series 1982, dated April 1, 198z in the principal amount of $
3,000,000
(b) That we officiaily executed and signed said Bonds and the interest coupons attached thereto by
causing facsimiles 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, respectively, 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 autfizfizing the issu-
ance of said Bonds and interest coupons.
(d) That at the time ve so executed and signed said Bonds and interest coupons we were, and at
the time of executing this ce tificate we are, the duly chosen, qualified, and acting officers indicated
herein, and authorized to execute the same.
(e) That :,o litigation of any nature has been filed ,r is now pending to restrain or enjoin the issu-
ance or delivery of said Bonds or interest coupons, or which would affect the provision made for their
payment or security, or in any manner questioning the proceedings or authority concerning the issu-
ance of said Bonds and interest coupons, and 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 been 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 for
the issuance of said Bonds and interest coupons have been repealed, revoked, or rescinded.
(g) That we have caused the official seal of said issuer to be impressed, or printed, or lithographed
on each of said Bonts; and said seal on said Bonds has beet duly adopted as, and is hereby declared to
• be, the official seal cf said issuer.
EXECUTED and delivered this APR $ ~g82
. MANUAL S GNATURES OFFICIAL TITLES
Ma or
CitX.SecretbrX.._.. w._
•
The signatures of the officers subscribed above
are hereby certifier to be true and genuine.
•
(HANK SEAL) 1.1ra.t...St.sta...B1c;...0I.-OantS?JOu-19Aae
i $ank
Y
« Anthorired Officer
President
LAW 01ltCZS
bobs, ft"Mra a No"M
t4N KWUAWo !ua lanetaN
DSU% Tmo 11341
l
t
r
4 1 00020~1 01
r %
UNITED STATES OF AMERICA
`.i LTATE OF TEXAS `
COUNTY OF DENTON
i
CITY OF DENTON
ELECTRIC SYSTEM REVENUE BOND
SERIES 1982
ON DECEMBER 1, 1983,
THE CITY OF DENTON, IN DENTON COUNTY, TEXAS, hereby promises to pay to bearer hereof the principal amount of
I FIVE THOUSAND DOLLARS
and to pay interest thereon at the rate of e
TWELVE AND SEVENTY-FIVE HUNDREDTHS PERCENT (1275°/x)
per annum from the date of this Bond, evidenced by interest coupons payable DECEMBER 1, 1982, and semiannually on each
JUNE 1 and DECEMBER 1 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 America, without exchange or collection charges to the beirer, upon presentation end surrender of this Bond
or proper Interest coupon, at the Following,, which cWlaoirvet}r sAaH.'tonstitute a he defined as the "Paying Agent" for this
Series of Bonds:
THE PORT WORTH NATIONAL f3ANYy #ORT WORTH, TEY~AS_=
1 OR, AT THE OPTION OF THE BEAREA, AT ~
I r J FIRST CTATF. RANK OF DENTON. DENTON, TkXA9
THIS BOND is orl a Series daledras of APRIL 1, 1982, authorized and issued In the pnncpol amount of $3,000,000, I
FOR THE PURPOSE OFI PAOVID'NO MONEY F(r: IMVAOVEMENTS,AND EIfTEN$IONS OF TH, ELECTRIC LIGHT AND `
POWER SYSTEM OF 7 E CITY
/•\;r~~-~L
i. CN C~I Dt I 1 T 1
or on any inteiest, plyrmnt , at~ ,theMaHer, 111 e oybte, frig ~oflda ~f tint Serles/may be "i die d ptfof It ihc;r scheduled
maturities, at il idption of $id, ".-ln7itol9 or p y witlflunds dirt fr Ipny rd for ~ha pr6nC 1 8rnounl thereof
and accruedll,i}ttfarbel thereon vd to fix t fir red mp0 n, erid M+Vtho[it pr iu I I ,
AT L61'f lihirty 'days p f to he d41F fix d,lar any y, or ri ion IC it she ceu5/a i {yr{I ~Otica of such
rede r lion to iM Parisfied I lea>jIt a Inlallifine I&I i~ubli t' n py6H d In [f a Cr Of ew 0 hfet~ V0 Lly the date
fixed for anysdch {edelTpit du pro aicn,ff(pl1 b~"rhrade to U pay7(pehl at t ppayl 11p, nt (life ydrlCl~bl a nount of the
Bonds wAlch ef(f'(t4 a0 IYled~nd WJed {~ri!le st t tM/'dat fl fo „ m '1 a ft )iJrilten notice of
redenr lion Is pubL and yo(>gp lor~tuvvhay of is -all pr d the f3prl X+E fch are to be so
;mdeemed thereb eutgAirtlca9j Iht f{~eemed~noliblhBir echOdVled"~I'M~ungel,a l11eer Interest alter the
ihal
#o11 nd o rega C pfis being' 9 sb fpf l uck pryr I L p q r(ght 0 4 (bearer to receive the
aedemptionfpricef om !till j;payir l
ale fixed 0 Ili I I IS HEAES r to t;Oyt.~IW~, are+ Cvrar i1 aM what ti re Doe's ioa ti.,. di6ily
• wx .d, I++ r'd w C l::crcd
pursuant to the applicable 43 e Laaa3~~`b11 of 36ja ricluell Ing pvtroulsdy S/ul's AMr. ~rj!- 6t Oi Texns, Articles 7111.1118,
that all eels, condition!, and-67itQ3 Ili or pro _at tO ba parlofmisd,• k1st raid bo~on~prededent to or In the authorization,
Issuance, and delivery of this Bond ~a tfry ~Sertes pt wBttt t fe_ havve," P"Aormed, existed, end been done In
accordance with taw; that this Bond and the Serial of wTlich It i! fpart; together with other revenue bolds of the City, constitute
special obilga:ianil of old City Secured by and payable from art Irrevocable lint lien on and pledge r,f tine "PlaAgod Povenues",
mi defined In the Ordinance authorizing this Serles or Bonds (the "Ordinance"), which include Iritiatiy tho "Nei Revenues of the
City's Electric Light and Power System", as such term is defined In the Ordinance, and which "Pledged Revenues" may, in the
future, all tGO option of the City, Include other resources.
THE CITY has reserved the right, subject to Ile restrictions stated in the Ordinance, to Issue additional parity revenue
bonds which also may be secured by ■nd payable from an irrevocable first lien on and pledge of the ■foresald Pledged
Revenues, in the same manner and to the same extent as this Bond and lha Series of which it is a part.
THE HOLDER HEREOF shalt never have lhn right to demand payment of this obtioatlon out of any funds ralsad or to be
raised by taxation, or from any source whagoevar other than the Pledged Revenuoa and other sources described In the
Ordinance.
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 the Ia"Imilm slgnettl+A of Ira City 4rretary of said City. and the
official seal of said City has been duly impressed, or placed in facsimile, on this Bond.
N1lpelllh lry,prr .r
OF OF~rr
• ;gyp
City Secretary, City of Denton Mayor, Ch/ of Denton
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COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. 46522
1 hereby certify that this Bond has been examined, certified as to validity, *.I approved by the
Atlorney General of the Stab of Taxes, and that this bond has been registered by the Comptroller of
Public Accounts of the Stab of Texas.
Witness my stgnature snd seal this
Comptroller of Public Accounts
of the State of Taxes
SIMMONS
•
TREASURER'S RECEIPT
•
THE STATE OF TEXAS:
COUNTY OF DENTON
CITY OF DENTON
The undersigned hereby certifies as follows:
(a) That this certificate is executed and delivered with reference to that issue of
•
City of Denton Electr).c System Revenue Bonds,
Series 1982, dated April 1 ,1982 , in the principal amount of $ 3,000,000
•
(b) That the undersigned i! the duly chosen, qualified, and acting Treasurer of the issuer of
said Bonds.
•
(c) That all of said Bonds have been duly delivered to the purchasers thereof, namely:
Merrill Lynch White Weld Capital Markets Group
•
(d) That all of said Bonds have been paid for in full by said purchasers concurrently with the
delivery of this certificate, and the issu,.r of said Bonds has received, and hereby acknowledges
•
receipt of, the agreed purchase price for said Bonds, being the par or principal amount thereof
and accrued interest to the date of delivery, plus a premium of $34.50.
•
(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 rime due prior to the date of delivery of said Bonds were detached and cancelled prior
•
to said delivery.
• EXECUTED and delivered this APR 6 1982
•
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 proposed CITY
OF DENTON ELECTRIC SYSTEM REVENUE BONDS, SERIES 1982, DATED
• APRIL 1, 1982, in the principal amount of $3,000,000, and its
Official Statement with respect thereto:
2. That, to our best knowledge and belief:
(a) the descriptions and Etatements of or per-
taining to the City contained in its official State-
ment dated February 15, 1982, and any addenda, supple-
ment, or amendment thereto, for its $3,000,000 Electric
System Revenue Bonds, Series 1982 on the date of such
Official Statement, on the date of sale of said Bonds
a:d the acceptance of the best bid therefor, and on
t'ie date of the delivery, were and are true and cor-
rect 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 or omit to state a material
fact required to be stated therein or necessary to make
the statements therein, in the light of the circumstances
under which they were made, not misleading;
• (c; insofar as the descriptions and statements, in-
cluding financial data, of or pertaining to entities,
other than the City, and theit 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.
SIGNED AND SEALED this APR 6 1982
City Secretary OV -F Mayo
(SEAL)
•
LAW OFrICCS
MtCALL, PARKHURST S HORTON
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1401"N0".0N
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114004[" C"v 1101,4
CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS,
SERIES 1982, DATED APRIL 1, 1982, IN THE
PRINCIPAL AMOUNT OF $3,000,000
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 Bonds,
which bear interest from their date, until maturity or redemp-
tion, at the following rates per annum:
maturities 1983, 12.758 maturities 1992, 11.508
maturities 1984, 13.008 maturities 1993, 11.758
maturities 1985, 13.008 maturities 1994, 12.008
maturities 1986, 13.008 maturities 1995, 12.258
maturities 1987, 13.008 maturities 1996, 12.508
maturities 1988, 13.008 maturities 1997, 12.758
maturities 1989, 13.008 maturities 1998, 12.758
maturities 1990, 12.508 maturities 1999, 11.008
maturities 1991, 11.258 maturities 2000, 11.008
evidenced by interest coupons payable on DECEMBER 1, 1982, and
semiannually thereafter, and maturing serially on DECEMBER 1 in
each of the years 1983 through 2000, and with the Bonds being
redeemable prior to their scheduled maturities on DECEMBER 1,
• 1991, or on any interest payment date thereafter, in accordance
with the terms and conditions stated on the face of each of the
Bonds.
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 Old 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 of said Bonds, together with other revenue bonds of said
City, are payable from, and secured by an irrevocable first
lien on and pledge of the "Pledged Revenues", as defined in the
Ordinance authorizing this Series of Bonds lthe "Ordinance"),
• which include initially the "Net Revenues of the City's Elec-
tric Light and Power System", as such term is defined in the
Ordinance, and which "Pledged Revenues" may, in the future, at
the option of the City, include other resources.
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 the 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. We 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
•1 1
.
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 "Pledged Rev-
enues".
•
THE ISSUER has reserved the right, subject to the restric-
tions stated in the Bond Ordinance, to issue additional parity
revenue bonds which may be made payable from, and secn.ed by a
first lien on and pledge of, the aforesaid "Pledged Revenues".
• THE HOLDERS OF THE BONDS, and the interest coupons apper-
taining thereto, shall never have the right to demand payment
thereof out of any funds raised or to be raised by taxation, or
from any source whatsoever other than the Pledged Revenues and
other sources described in the Ordinance.
• Respectfully,
.