HomeMy WebLinkAboutORD 92-17 r
ORDINANCE APPROVING NOTICE OF SALE
AND PRELIMINARY OFFICIAL STATEMENT
AND AUTHORIZING DISTRIBUTION THEREOF
WHEREAS, the City of Beaumont intends to sell up to
$13,300,000 of its City of Beaumont, Texas, Public Improvement
Bonds, Series 1992, the proceeds of which are to be used for
certain improvements to the City' s roads, bridges, streets and
drainage;
WHEREAS, the sale of the bonds is scheduled for March 3, 1992;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT:
That the Official Notice of Sale and Preliminary Official
Statement dated February 18, 1992 , copies of which are attached
hereto and made a part hereof, are hereby approved by the City
Council; and
BE IT FURTHER ORDAINED that officers and agents of the City of
Beaumont are hereby authorized to publish all required notices of
intent to sell the above referenced bonds on March 3, 1992, and to
distribute the attached Official Notice of Sale and Preliminary
Official Statement dated February 18, 1992 .
PASSED AND APPROVED this 18th day of February, 1992 .
Mayor
ATTEST:
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City C erk '
($FAL)
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This Official Notice of Sale does not alone constitute an invitation for bids but is merely notice of sale of the
obligations described herein. The invitation for bids on such Bonds is being made by means of this Official
Notice of Sale, the Official Bid Form and the Official Statement. Prospective purchasers are urged to carefully
examine all the documents to determine investment quality of the Bonds.
OFFICIAL NOTICE OF SALE
$13,300,000
THE CITY OF BEAUMONT
(Jefferson County, Texas)
PUBLIC IMPROVEMENT BONDS,
SERIES 1992
Selling Tuesday, March 3, 1992, at 1:30 P.M., C.S.T.
THE SALE
BONDS OFFERED FOR SALE AT COMPETITIVE BID: The City Council (the "Council') of the City of
Beaumont (the "City") is offering for sale at competitive bid its $13,300,000 Public Improvement Bonds, Series
1992 (the 'Bonds").
PLACE AND TIME OF SALE: The Council will receive sealed bids at the City Hall, 801 Main Street,
Beaumont,Texas 77701,until 1:30 P.M.,C.S.T.,Tuesday,March 3,1992,and the bids will be opened and publicly
read. Sealed bids, which must be submitted in duplicate on the Official Bid Form and plainly marked'Bid for
Bonds," are to be addressed to"Mayor and City Council, City of Beaumont,Texas." All bids must be delivered
at the above address prior to the above-scheduled time. Any bid received after such scheduled time for bid
opening will not be accepted and will be returned unopened.
AWARD OF THE BONDS: The Council will take action to award the Bonds (or reject all bids) at a regular
meeting of the City Council scheduled to convene at 1:30 P.M., C.S.T. at City Hall, on the date of the bid
opening, and will adopt an ordinance authorizing the Bonds and approving the Official Statement (the
"Ordinance"). The City reserves the right to reject any or all bids and to waive any irregularities.
THE BONDS
DESCRIPTION: The Bonds will be dated April 1, 1992 and interest will be calculated on the basis of a 360-day
year of twelve 30-day months. Interest on the Bonds will be paid on September 1, 1992, and semiannually on
March 1 and September 1 of each year thereafter until the earlier of maturity or redemption. The Bonds
maturing March 1, 2003 through March 1, 2010, both inclusive, are subject to redemption, at the option of the
City at the par value thereof, plus accrued interest, in whole or in part, on March 1, 2002, or on any date
thereafter. If less than all the Bonds within a stated maturity are redeemed at any time, the Bonds to be
redeemed shall be selected by the City in multiples of$5,000. The Bonds will be issued in fully registered form
in principal amounts of$5,000 or any integral multiple thereof. Principal and semiannual interest will be paid
by Ameritrust Texas N.A., Houston, Texas, the Paying Agent/Registrar. Interest will be paid by check dated
as of the interest payment date and mailed on or before each interest payment date by the Paying
Agent/Registrar to the registered owner appearing on the Paying Agent/Registrar's books on the Record Date
(hereinafter defined). Principal will be paid to the registered owners at maturity upon presentation of the Bonds
to the Paying Agent/Registrar. The Bonds will mature in each year as follows:
Maturity Date Principal Amount Maturity Principal Amount
March 1, 1993 $ 275,000 March 1, 2002 $ 525,000
March 1, 1994 300,000 March 1, 2003 575,000
March 1, 1995 325,000 March 1, 2004 600,000
March 1, 1996 350,000 March 1, 2005 675,000
March 1, 1997 375,000 March 1, 2006 1,500,000
March 1, 1998 400,000 March 1, 2007 1,500,000
March 1, 1999 425,000 March 1, 2008 1,500,000
March 1, 2000 475,000 March 1, 2009 1,500,000
March 1, 2001 500,000 March 1, 2010 1,500,000
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PAYING AGENTIREGISTRAR: The initial Paying Agent/Registrar shall be Ameritrust Texas NA., Houston,
Texas (see "Paying Agent/Registrar" in Official Statement).
SOURCE OF PAYMENT: The Bonds are direct obligations of the City, and the principal thereof and interest
thereon are payable solely from the proceeds of an annual ad valorem tax levied upon all taxable property within
the City, within the limits prescribed by law.
Further details with reference to the Bonds are set forth in the Official Statement.
CONDITIONS OF THE SALE
TYPES OF BIDS AND INTEREST RATES: The Bonds will be sold in one block on an"All or None"basis,and
at a price of not less than their par value plus accrued interest to the date of delivery of the Bonds. Bidders are
invited to name the rate(s) of interest to be borne by the Bonds, provided that each rate bid must be in a
multiple of 1/8 of 1% or 1/20 of 1% and the net effective interest rate for the Bonds (calculated in the manner
required by Texas Revised Civil Statutes Annotated Article 717k-2, as amended) must not exceed 15%. The
highest rate bid may not exceed the lowest rate bid by more than 11/2%in rate. No limitation is imposed upon
bidders as to the number of rates or changes which may be used. All Bonds of one maturity must bear one and
the same rate. No bids involving supplemental interest rates will be considered. Each bidder shall state in his
bid the total interest cost in dollars and the net effective interest rate determined hereby, which shall be
considered informative only and not as a part of the bid.
BASIS OF AWARD: For the purpose of awarding sale of the Bonds, the interest cost of each bid will be
computed by determining at the rate(s) 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 any irregularities, the
Bonds will be awarded to the bidder (the 'Purchaser') whose complying bid, based on the above computation,
produces the lowest net interest cost to the City.
GOOD FAITH DEPOSIT: A Good Faith Deposit, payable to the "City of Beaumont" in the amount of
$266,000.00, is required. Such Good Faith Deposit shall be in the form of a Cashier's Check, which is to be
retained uncashed by the City pending the Purchaser's compliance with the terms of his bid and the Notice of
Sale and Bidding Instructions. The Good Faith Deposit may accompany the Official Bid Form or it may be
submitted separately. If submitted separately, it shall be made available to the City prior to the opening of the
bids, and shall be accompanied by instructions from the bank on which drawn which authorize its use as a Good
Faith Deposit by the Purchaser who shall be named in such instructions. The Good Faith Deposit of the
Purchaser will be returned 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 Bonds in accordance with
his bid, then said check shall be cashed and accepted by the City as full and complete liquidated damages. The
checks accompanying bids other than the winning bid will be returned immediately after the bids are opened,
and an award of the Bonds has been made.
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will appear on the Bonds, but neither
the failure to print or type such number on any Bonds nor any error with respect thereto shall constitute cause
for a failure or refusal by the Purchaser to accept delivery of and pay for the Bonds in accordance with the terms
of this Notice of Sale and the terms of the Official Bid Form. All expenses in relation to the printing or typing
of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau
fee for the assignment of the numbers shall be the responsibility of and shall be paid for by the Purchaser.
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INITIAL DELIVERY OF INITIAL BONDS: Initial Delivery will be accomplished by the issuance of registered
Bonds in the aggregate principal amount of$13,300,000,payable to the Purchaser,signed by the Mayor and City
Clerk of the City, approved by the Attorney General, and registered and manually signed by the Comptroller
of Public Accounts. Initial Delivery will be at the corporate trust office of the Paying Agent/Registrar. Payment
for the Bonds must be made in immediately available funds for unconditional credit to the City, or as otherwise
directed by the City. The Purchaser will be given five (5) business days' notice of the time fixed for delivery
of the Bonds. It is anticipated that Initial Delivery of the Initial Bonds can be made on or about April 7, 1992,
and it is understood and agreed that the Purchaser will accept delivery and make payment for the Initial Bonds
by 10:00 A.M., C.D.S.T. on April 7, 1992, or thereafter on the date the Bonds are tendered for delivery, up to
and including May 7, 1992. If for any reason the City is unable to make delivery on or before May 7, 1992, then
the City shall immediately contact the Purchaser and offer to allow the Purchaser to extend his offer for an
additional fifteen(15)days. If the Purchaser does not elect to extend his offer within six(6) days thereafter,then
his Good Faith Deposit will be returned, and both the City and the Purchaser shall be relieved of any further
obligation. In no event shall the City be liable for any damages, whether direct, consequential or otherwise,by
reason of its failure to deliver the Bonds.
DELIVERY OF DEFINITIVE BONDS: Upon payment for the Initial Bonds at the time of the Initial Delivery,
the Paying Agent/Registrar shall cancel the Initial Bonds, provided registration instructions have been received
by the Paying Agent/Registrar, and shall register and deliver the registered definitive Bonds, in any integral
multiple of $5,000 for any one maturity, in accordance with written instructions received from the Purchaser
and/or members of the Purchaser's syndicate account. It shall be the duty of the Purchaser and/or members
of the Purchaser's syndicate account to furnish to the Paying Agent/Registrar, at least five business days prior
to the Initial Delivery, final written instructions designating the names in which the Bonds are to be registered,
the addresses of the registered owners, the maturities, interest rates and denominations. The Paying
Agent/Registrar will not be required to accept registration instructions after the fifth business day prior to Initial
Delivery. If such instructions are not received within the specified time period, the cancellation of the Initial
Bonds and delivery of registered definitive Bonds will be delayed until such instructions are received.
CONDITIONS TO DELIVERY: The obligation of the Purchaser to take up and pay for the Bonds is subject
to the Purchaser's receipt of(a) the legal opinion of Orgain, Bell & Tucker, Beaumont, Texas, Bond Counsel
for the City ('Bond Counsel'), (b) certificate of the City to the effect that no litigation of any nature has been
filed or is then pending to restrain the issuance and delivery of the Bonds, and (c) the certification of the City
as to the Official Statement, all as further described in the Official Statement.
In order to provide the City with information required to enable it to comply with certain conditions of the
Internal Revenue Code of 1986 relating to the exclusion of interest on the Bonds from the gross income of their
owners, the Purchaser will be required to complete, execute, and deliver to the City a certification as to their
"issue price" substantially in the form and to the effect attached hereto or accompanying this Notice of Sale. In
the event the Purchaser will not reoffer the Bonds for sale or is unable to sell a substantial amount of the Bonds
of any maturity by the date of delivery, such certificate may be modified in a manner approved by the City. In
no event will the City fail to deliver the Bonds as a result of the Purchaser's inability to sell a substantial
amount of Bonds at a particular price prior to delivery. Each bidder,by submitting its bid, agrees to complete,
execute, and deliver such a certificate, if its bid is accepted by the City. It will be the responsibility of the
Purchaser to institute such syndicate reporting requirements,to make such investigation,or otherwise to ascertain
the facts necessary to enable it to make such certification with reasonable certainty. Any questions concerning
such certification should be directed to Bond Counsel.
LEGAL OPINIONS: The Bonds are offered when, as and if issued, subject to the unqualified legal opinion of
the Attorney General of the State of Texas, and the approving legal opinion of Orgain, Bell & Tucker, Bond
Counsel (see Legal Opinions in Official Statement); the opinion of said firm will be printed on the Bonds.
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CERTIFICATION OF OFFICIAL STATEMENT: At the time of payment for,and Initial Delivery of,the Initial
Bonds, the City will execute and deliver to the Purchaser a certificate in the form set forth in the Official
Statement.
CHANGE IN TAX EXEMPT STATUS: At any time before the Bonds are tendered for delivery,the Purchaser
may withdraw his bid if the interest received by private holders on certificates of the same type and character
shall be declared to be taxable income under present federal income tax laws, either by ruling of the Internal
Revenue Service or by a decision of any Federal court, or shall be declared taxable or be required to be taken
into account in computing any federal income taxes, by the terms of any federal income tax law enacted
subsequent to the date of this Notice of Sale.
GENERAL
FINANCIAL ADVISOR: Rauscher Pierce Refsnes, Inc. 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. The City has authorized Rauscher
Pierce Refsnes,Inc.to submit a bid for the Bonds,either independently or as a member of a syndicate organized
to submit a bid for the Bonds. Rauscher Pierce Refsnes, Inc., in its capacity as Financial Advisor, has not
verified and does not assume any responsibility for the information, covenants and representations contained in
any of the contractual obligation documentation with respect to the federal income tax status of the Bonds.
BLUE SKY LAWS: By submission of his bid,the Purchaser represents that the sale of the Bonds in states other
than Texas will be made only pursuant to exemptions from registration or, where necessary, the Purchaser will
register the Bonds in accordance with the securities law of the states in which the Bonds are offered or sold.
The City agrees to cooperate with the Purchaser, at the Purchaser's written request and expense, in registering
the Bonds or obtaining an exemption from registration in any state where such action is necessary,but the City
will not be required to consent to service of process in another jurisdiction or to submit to requirements it deems
unduly burdensome.
MUNICIPAL BOND INSURANCE: The City has submitted an application for municipal bond insurance under
the bidder option program. The premium for such insurance, if any, will be paid by the Purchaser.
OFFICIAL STATEMENT
By accepting the winning bid, the City agrees to the following representations and covenants to assist the
Purchaser in complying with Rule 15c2-12 of the Securities and Exchange Commission ("SEC").
FINAL OFFICIAL STATEMENT: The City has prepared the accompanying Official Statement for dissemination
to potential purchasers of the Bonds,but will not prepare any other document or version for such purpose except
as described below. The Purchaser will be responsible for informing the City of the initial offering yields. The
City will prepare a supplement to the Official Statement describing these offering yields, the interest rates on
the Bonds, the selling compensation, the final debt service schedule, the ratings assigned to the Bonds (if not
currently included), and the terms of and obligor on any policy of municipal bond insurance. Accordingly, the
City deems the accompanying Official Statement to be final as of its date,within the meaning of SEC Rule 15c2-
12(b)(1), except for the omission of the foregoing items. By delivering the final Official Statement or any
amendment or supplement thereto to the Purchaser on or after the sale date, the City represents the same to
be complete as of such date,within the meaning of SEC Rule 15c2-12(e)(3). Notwithstanding the foregoing,the
only representations concerning the absence of material misstatements or omissions from the Official Statement
which are or will be made by the City are those described in the Official Statement under "CERTIFICATION
OF THE OFFICIAL STATEMENT."
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DELIVERY OF OFFICIAL STATEMENTS: The City will furnish to the Purchaser (and to each other
participating underwriter of the Bonds, within the meaning of SEC Rule 15c2-12(a), designated by the
Purchaser), within seven days after the sale date, 100 Official Statements. The City will also furnish to the
Purchaser a like number of any supplement or amendment prepared by the City for dissemination to potential
purchasers of the Bonds as described above as well as such additional copies of the Official Statement or any
supplement or amendment as the Purchaser may request prior to the 90th day after the end of the underwriting
period referred to in SEC Rule 150-12(e)(2). The City will pay the expense of preparing up to 100 copies of
the Official Statemcrt and all copies of any supplement or amendment issued on or before the delivery date,but
the Purchaser must pay for all other copies of the Official Statement or any supplement or amendment thereto.
ADDITIONAL COPIES OF NOTICE BID FORM AND STATEMENT: A limited number of additional copies
of this Notice of Sale, the Official Bid Form and the Official Statement, as available over and above the normal
mailing,may be obtained at the offices of Rauscher Pierce Refsnes,Inc., 1001 Fannin,Suite 700,Houston,Texas,
77002, Financial Advisor to the City.
On the date of the sale, the Council will, in the Ordinance authorizing the issuance of the Bonds, confirm its
approval of the form and content of the Official Statement,and any addenda,supplement or amendment thereto,
and authorize its use in the reoffering of the Bonds by the Purchaser.
/s/
Mayor
City of Beaumont, Texas
ATTEST:
/s/
City Clerk
City of Beaumont, Texas
February 18, 1992
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CERTIFICATE OF UNDERWRITER
The undersigned hereby certifies as follows with respect to the sale of$13,300,000 City of Beaumont,Public
Improvement Bonds, Series 1992 (the 'Bonds").
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which
purchased the obligations from City of Beaumont (the "Issuer") at competitive sale.
2. The undersigned and/or one or more other members of the underwriting syndicate, if any, have
made a bona fide offering of the Bonds of each maturity to the public.
3. The initial offering price(expressed as a yield) for the Bonds of each maturity at which a substantial
amount of the Bonds of such maturity was sold to the public is as set forth below:
Principal
Amount Date of
Maturine Maturity Yield
$ 275,000 March 1, 1993 %
300,000 March 1, 1994 %
325,000 March 1, 1995 %
350,000 March 1, 1996 %
375,000 March 1, 1997 %
400,000 March 1, 1998 %
425,000 March 1, 1999 %
475,000 March 1, 2000 %
500,000 March 1, 2001 %
525,000 March 1, 2002 %
575,000 March 1, 2003 %
600,000 March 1, 2004 %
675,000 March 1, 2005 %
1,500,000 March 1, 2006 %
1,500,000 March 1, 2007 %
1,500,000 March 1, 2008 %
1,500,000 March 1, 2009 %
1,500,000 March 1, 2010 %
4. The term"public," as used herein,means persons other than bondhouses,brokers,dealers,and similar
persons or organizations acting in the capacity of underwriters or wholesalers.
5. The offering prices described above reflect current market prices at the time of such sales.
6. The undersigned understands that the statements made herein will be relied upon by the Issuer in its
effort to comply with the conditions imposed by the Internal Revenue Code of 1986 on the exclusion of interest
on the Bonds from the gross income of their owners and that this certificate will be delivered to the Issuer on
or before the delivery date of the Bonds.
Executed and delivered this day of , 1992.
(Name of Underwriter or Manager)
Title:
e ,
OFFICIAL BID FORM
February 18, 1992
Mayor and City Council
City of Beaumont
801 Main Street
Beaumont, Texas 77701
Ladies and Gentlemen:
Subject to the terms of your Official Notice of Sale and Official Statement, dated February 18, 1992,which are
incorporated herein by reference, we hereby submit the following bid for $13,300,000 CITY OF BEAUMONT
PUBLIC IMPROVEMENT BONDS, SERIES 1992, dated April 1, 1992. This offer is being made for all said
Bonds and for not less than all.
For said legally issued Bonds,we will pay you the par value thereof, plus accrued interest from their date to the
date of delivery to us, plus a cash premium of$ for Bonds maturing and bearing interest per
annum as follows:
Maturity Date Principal Amount Interest Rate
March 1, 1993 $ 275,000 %
March 1, 1994 300,000 %
March 1, 1995 325,000 %
March 1, 1996 350,000 %
March 1, 1997 375,000 %
March 1, 1998 400,000 %
March 1, 1999 425,000 %
March 1, 2000 475,000 %
March 1, 2001 500,000 %
March 1, 2002 525,000 %
March 1, 2003 575,000 %
March 1, 2004 600,000 %
March 1, 2005 675,000 %
March 1, 2006 1,500,000 %
March 1, 2007 1,500,000 %
March 1, 2008 1,500,000 %
March 1, 2009 1,500,000 %
March 1, 2010 1,500,000 %
Interest cost, in accordance with the above bid, is:
Gross Interest Cost $
Less: Premium $
NET INTEREST COST $
EFFECTIVE INTEREST RATE %
The Initial Bonds shall be registered in the name of (syndicate manager).
We will advise Ameritrust Texas NA., Houston, Texas, the Paying Agent/Registrar, on forms to be provided
by the Paying Agent/Registrar and on registration instructions at least five business days prior to the date set
for Initial Delivery.
Cashier's Check of the Bank, , Texas, in the amount of
$266,000,which represents our Good Faith Deposit(is attached hereto)or(has been made available to you prior
to the opening of this Bid), and is submitted in accordance with the terms as set forth in the "Official Notice of
Sale" and "Official Statement." Upon delivery of the Bonds, said check shall be returned to us if our bid is
accepted and the Bonds are awarded to us.
We agree to accept delivery of and make payment for the Initial Bonds in immediately available funds at the
Corporate Trust Office,Ameritrust Texas N.A., Houston,Texas, not later than 10:00 A.M.,C.D.S.T., on April
7, 1992, or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms set forth in the
Official Notice of Sale.
The undersigned agrees to complete, execute and deliver to the City, by the date of delivery of the Bonds, a
certificate relating to the "issue price" of the Bonds in the form and to the effect attached to or accompanying
the Official Notice of Sale, with such changes thereto as may be acceptable to the City.
Respectfully submitted,
By
Authorized Representative
ACCEPTED this 3rd day of March, 1992, by the City Council, City of Beaumont, Texas.
Mayor
ATTEST:
City Clerk
Return of Good Faith Check is hereby acknowledged:
Firm:
By:
(For your information you will find attached a list of the group of underwriters associated with us in this
proposal)
BOND YEARS
$13,300,000
CITY OF BEAUMONT, TEXAS
(Jefferson County, Texas)
PUBLIC IMPROVEMENT BONDS
SERIES 1992
Dated: April 1, 1992
Due: As shown below
Bond Years
Maturity Cumulative
Date Amount Bond Years Bond Years
March 1, 1993 $252.000 252.0833 252.0833
March 1, 1994 827,000 575.0000 827.0833
March 1, 1995 325,000 947.9167 1,775.0000
March 1, 1996 350,000 1,370.8333 3,145.8333
March 1, 1997 375,000 1,843.7500 4,989.5833
March 1, 1998 400,000 2,366.6667 7,356.2500
March 1, 1999 425,000 2,939.5833 10,295.8333
March 1, 2000 475,000 3,760.4167 14,056.2500
March 1, 2001 500,000 4,458.3333 18,514.5833
March 1, 2002 525,000 5,206.2500 23,720.8333
March 1, 2003 575,000 6,277.0833 29,997.9167
March 1, 2004 600,000 7,150.0000 37,147.9167
March 1, 2005 675,000 8,718.7500 45,866.6667
March 1, 2006 1,500,000 20,875.0000 66,741.6667
March 1, 2007 1,500,000 22,375.0000 89,116.6667
March 1, 2008 1,500,000 23,875.0000 112,991.6667
March 1, 2009 1,500,000 25,375.0000 18,366.6667
March 1, 2010 1.500,000 26.875.0000 165,241.6667
13 300 000 165.241,6667
AVERAGE MATURITY - 12.424 YEARS
"r " PRELIMINARY OFFICIAL STATEMENT DATED FEBRUARY 18 1992
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y o i This Preliminary Official Statement is subject to completion and amendment, as provided in the Official Notice
y t of Sale, and is intended solely for the solicitation of initial bids to purchase the Bonds. Upon the sale of the
Bonds, the Official Statement will be completed and delivered to the Purchaser.
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THE DELIVERY OF THE BONDS IS SUBJECT TO THE OPINION OF BOND COUNSEL TO THE
O w o EFFECT THAT, UNDER EXISTING LAW AND ASSUMING CONTINUING COMPLIANCE WITH
`L COVENANTS OF THE ORDINANCE, INTEREST ON THE BONDS IS EXCLUDABLE FROM GROSS
a " u INCOME OF THE OWNERS THEREOF FOR FEDERAL INCOME TAX PURPOSES AND IS NOT
s SUBJECT TO THE ALTERNATIVE MINIMUM TAX ON INDIVIDUALS OR,EXCEPT AS DESCRIBED
H HEREIN, CORPORATIONS. SEE "TAX EXEMPTION" HEREIN.
NEW ISSUE
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$13,300,000
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•� THE CITY OF BEAUMONT, TEXAS
c lv (A home rule City of the State of Texas located within Jefferson County)
PUBLIC IMPROVEMENT BONDS
L o SERIES 1992
U 0•`
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41 Z Dated: April 1, 1992
w
o 2 Principal and interest are payable at the principal corporate trust office of Ameritrust Texas NA., Houston,
y ' Texas the paying agent/registrar(the"Registrar"). Interest is payable September 1,1992,and each March 1 and
0 ^.8
, `,1 September 1 thereafter until the earlier of maturity or redemption. The Bonds maturing March 1,2003 through
March 1, 2010, both inclusive, are subject to redemption, at the option of the City at the par value thereof, plus
0/ 3 accrued interest in whole or in part, on March 1, 2002, or on any date thereafter. If less than all the Bonds
t H� within a stated maturity are redeemed at any time, the Bonds to be redeemed shall be selected by the City in
L multiples of$5,000. The Bonds are issued in fully registered form in integral multiples of$5,000. Interest on
`o C the Bonds will be payable by check or draft, dated as of the interest payment date, and mailed by the Registrar
C 0 to registered owners shown on the records of the Registrar on the 15th calendar date of the month next
`o y preceding each interest payment date (the "Record Date").
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MATURITY SCHEDULE
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0 4- (Due March 1)
10 0
7 -3 Initial Initial
H Interest Reoffering Interest Reoffering
` ' Amount Maturi Rate Yield a Amount Maturily Rate Yield a
•°••` $275,000 1993 % % $525,000 2002 % %
W c o 300,000 1994 575,000 2003(b)
Z 325,000 1995 600,000 2004(b)
o N,� 350,000 1996 675,000 2005(b)
L ;^ 375,000 1997 1,500,000 2006(b)
" `° v 400,000 1998 1,500,000 2007(b)
.E W C- 425,000 1999 1,500,000 2008(b)
t 475,000 2000 1,500,000 2009(b)
y C v y 500,000 2001 1,500,000 2010(b)
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(a) The initial yields will be established by and are the sole responsibility of the Purchaser, and may
subsequently be changed.
(b) Subject to redemption as described above.
The above bonds (the 'Bonds") constitute the final installments of the bonds authorized by the electorate on
April 5, 1980 and March 22, 1983. The Bonds, when issued,will constitute valid and binding obligations of the
City of Beaumont (the "City") and will be payable solely from the proceeds of an annual ad valorem tax, levied
within the limits prescribed by law, against taxable property within the City.
The Bonds are offered when, as and if issued subject to the approving opinion of the Attorney General of the
State of Texas and the opinion of Orgain, Bell &Tucker, Beaumont,Texas, Bond Counsel to the City,as to the
validity of the issuance of the Bonds under the Constitution and the laws of the State of Texas. The Bonds are
expected to be available for delivery on or about April 7, 1992.
TABLE OF CONTENTS
USE OF INFORMATION IN OFFICIAL STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SALE AND DISTRIBUTION OF THE BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Sale of the Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Prices and Marketability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Securities Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Municipal Bond Ratings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Municipal Bond Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
OFFICIAL STATEMENT SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
THEBONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Description of the Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Source of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Authority for Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Useof Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Legal Investments in Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Remedies in the Event of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PRO-FORMA DEBT SERVICE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
DEBT STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bonded Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Revenue Support of Ad Valorem Tax Bonds and Certificates of Obligation . . . . . . . . . . . . . . . . . . . 9
Estimated Overlapping Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
DebtRatios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ShortTerm Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
TAXDATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Authority for Ad Valorem Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Historical Analysis of Ad Valorem Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Estimated Overlapping Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SalesTax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Industrial District Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Tax Increment Reinvestment Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
SELECTED FINANCIAL DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Historical Operations of the City's General Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
General Fund and Debt Service Fund Balance for the Past Five Fiscal Years . . . . . . . . . . . . . . . . . . 18
Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ADMINISTRATION OF THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .`. . . . . . . . . . . . . . . 19
Mayor and City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
LEGISLATION AND REGULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Affecting the City's Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Affecting the Tax Base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
OTHER CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Future Bond Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PensionFund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Collective Bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Risk Management/Self Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
General Economic Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Landfill Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
LEGAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
LegalOpinions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
TaxExemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
No-Litigation Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
GENERAL CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Sources and Compilation of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Certification as to Official Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Updating of Official Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
APPENDIX A - ECONOMIC AND DEMOGRAPHIC CHARACTERISTICS
APPENDIX B - FINANCIAL STATEMENTS OF THE CITY
2
USE OF INFORMATION IN OFFICIAL STATEMENT
No dealer,broker,salesman or other person has been authorized by the City to give any information or to make
any representation other than those contained in this Official Statement, and, if given or made, such other
information or representations must not be relied upon as having been authorized by the City.
This Official Statement is not to be used in an offer to sell or the solicitation of an offer to buy in any state in
which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not
qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.
Any information and expressions of opinion herein contained are subject to change without notice, and neither
the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any
implication that there has been no change in the affairs of the City or other matters described herein since the
date hereof.
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document
constitutes an Official Statement of the City with respect to the Bonds that has been deemed"final"by the City
as of its date except for the omission of no more than the information permitted by Subsection (b) (1) of Rule
15c2-12.
SALE AND DISTRIBUTION OF THE BONDS
Sale of the Bonds:
After requesting competitive bids for the Bonds,the City has accepted the bid resulting in the lowest net interest
cost,which bid was tendered by a syndicate jointly managed by
("Purchaser") to purchase the Bonds bearing the interest rates shown under "MATURITY SCHEDULE" at a
price of the par value thereof, plus a cash premium of$ , plus accrued interest to the date of delivery.
The net effective interest rate on the Bonds was % calculated pursuant to Article 717k-2 of Vernon's
Annotated Texas Civil Statutes, as amended.
Prices and Marketability:
The delivery of the Bonds is conditioned upon the receipt by the City of a certificate executed and delivered by
the Purchaser on or before the date of delivery of the Bonds stating the prices at which a substantial amount
of the Bonds of each maturity have been sold to the public. For this purpose, the term"public"shall not include
any person who is a bond house, broker or similar person acting in the capacity of underwriter or wholesaler.
The City has no control over trading of the Bonds after a bona fide offering of the Bonds is made by the
Purchaser at the yields specified on the cover page. Information concerning reoffer4ig yields or prices is the
responsibility of the Purchaser.
The prices and other terms respecting the offering and sale of the Bonds may be changed from time to time by
the Purchaser after the Bonds are released for sale,and the Bonds may be offered and sold at prices other than
the initial offering price, including sales to dealers who may sell the Bonds into investment accounts. IN
CONNECTION WITH THE OFFERING OF THE BONDS,THE PURCHASER MAY OVER-ALLOT OR
EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS
AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET.
SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
3
Securities Laws:
No registration statement relating to the Bonds has been filed with the Securities and Exchange Commission
under the Securities Act of 1933,as amended, in reliance upon the exemptions provided thereunder. The Bonds
have not been registered or qualified under the Securities Act of Texas in reliance upon various exemptions
contained therein; nor have the Bonds been registered or qualified under the securities acts of any jurisdiction.
The City assumes no responsibility for registration or qualification of the Bonds under the securities laws of any
jurisdiction in which the Bonds may be offered, sold or otherwise transferred.
This disclaimer of responsibility for registration or qualification for sale or other disposition of the Bonds shall
not be construed as an interpretation of any kind with regard to the availability of any exemption from securities
registration or qualification provisions in such jurisdictions.
Municipal Bond Ratings:
Standard & Poor's Corporation and Moody's Investors Service, Inc. have assigned their municipal bond ratings
of"_" and "_% respectively, to this issue of Bonds.
The above ratings are not recommendations to buy, sell or hold the Bonds, and such ratings may be subject to
revision or withdrawal at any time by the rating agencies. Any downward revision or withdrawal of either or both
ratings may have an adverse effect on the market price of the Bonds.
Municipal Bond insurance:
The City has made application for municipal bond insurance under the bidders option program. The premium
for such insurance, if used, will be paid by the Purchaser.
4
OFFICIAL STATEMENT SUMMARY
The following material is qualified in its entirety by the detailed information and financial statements appearing
elsewhere in this Official Statement.
- General -
The Issuer . . . . . . . . . . . . . . . . . . . . . . . . . The City of Beaumont, a home rule city of the State of
Texas located within Jefferson County.
The Bonds . . . . . . . . . . . . . . . . . . . . . . . . . $13,300,000 Public Improvement Bonds, Series 1992, dated
April 1, 1992; various amounts due March 1, 1993 through
2010.
Payment of Interest . . . . . . . . . . . . . . . . . . September 1, 1992, and each March 1 and September 1
thereafter, until the earlier of maturity or redemption.
Source of Payment . . . . . . . . . . . . . . . . . . . Principal of and interest on the Bonds are payable solely
from a continuing, direct annual ad valorem tax levied with
the limits prescribed by law.
Other Characteristics . . . . . . . . . . . . . . . . . The Bonds are issued in fully registered form in integral
multiples of $5,000. The Bonds maturing March 1, 2003
through March 1, 2010, both inclusive, are subject to
redemption, at the option of the City at the par value
thereof, plus accrued interest, in whole or in part,on March
1, 2002, or on any date thereafter. If less than all the Bonds
within a stated maturity are redeemed at any time,the Bonds
to be redeemed shall be selected by the City in multiples of
$5,000.
Use of Proceeds . . . . . . . . . . . . . . . . . . . . . Proceeds from the sale of the Bonds are to be used for
street and drainage improvements. The proceeds will also be
used to pay costs incurred in the issuance of the Bonds. See
"Use of Proceeds".
Bond Ratings . . . . . . . . . . . . . . . . . . . . . . . Moody's Investors Service, Inc.
Standard & Poor's Corporation.
Population . . . . . . . . . . . . . . . . . . . . . . . . . 1990 Census - 114,323.
- Financial Highlights -
(Unaudited)
1991 Certified Assessed Valuation (100% of Estimated Market Value) . . . . . . . . . . . . . . . $2,890,352,140
Direct Tax Debt
Outstanding Debt (as of January 1, 1992) . . . . . . . . . . . . . . . . . . . . . . . . . 76,446,091
The Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.300.000
Total Direct Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,746,091
Less: Self-Supported Debt (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17.020.000
Direct Ad Valorem Tax Supported Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,726,091
Estimated Overlapping Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.583.535
Total Direct Tax Supported and Estimated Overlapping Debt . . . . . . . . . . . . . . . . . . . . . L-22
Interest and Sinking Fund Balance (as of January 1, 1992) . . . . . . . . . . . . . . . . . . . . . . . . 1_15, 1970Q
5
x r P
% of 1991 Certified Per
Debt Ratios: Assessed Valuation Capita
Direct Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.11% $7.85
Direct Ad Valorem Tax Supported Debt . . . . . . . . . . . . . . . 2.52% $6.36
Direct Tax Supported and Estimated
Overlapping Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.23% $8.16
Annual Requirements:
Average (Fiscal Years 1992/2010) (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,667,478
Average (Fiscal years 1992/2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,077,878
Maximum (1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,233,785
Tax Collections:
Arithmetic Average, Tax Years (1986/1990) - Current Year . . . . . . . . . . . . . . . . 96.89%
- Current and Prior Years 100.08%
(a) See "DEBT STATEMENT - Revenue Support of Ad Valorem Tax Debt."
(b) Less Self Supported Ad Valorem Tax Debt.
THE BONDS
Description of the Bonds:
The Bonds are dated April 1, 1992, bear interest from such date at the stated interest rates indicated under
"MATURITY SCHEDULE", which interest is payable September 1, 1992, and each March 1 and September 1
thereafter until the earlier of maturity or redemption. The Bonds are issued in fully registered form in
denominations of$5,000 each or any multiple thereof. The Bonds maturing March 1, 2003 through March 1,
2010, both inclusive, are subject to redemption, at the option of the City at the par value thereof, plus accrued
interest, in whole or in part, on March 1,2002,or on any date thereafter upon 30 days' prior notice. If less than
all the Bonds within a stated maturity are redeemed at any time, the Bonds to be redeemed shall be selected
by the City in multiples of$5,000. Principal of and interest on the Bonds are payable at the principal corporate
trust office of Ameritrust Texas NA., Houston, Texas. Interest on the Bonds will be payable by check or draft,
dated as of the interest payment date, and mailed by the Registrar to registered owners as shown on the records
of the Registrar.
The Bonds are eligible to be issued in book entry form through the Depository Trust Company, provided that
the Purchaser requests that the Bonds be issued in such form and makes the necessary arrangements with the
Depository Trust Company. The City will cooperate with the Purchaser in making arrangements to issue the
Bonds in book entry form through the Depository Trust Company.
The Bonds are transferable only on the certificate register kept by the Registrar upon surrender and reissuance.
The Bonds are exchangeable for an equal principal amount of Bonds of the same maturity in any authorized
denomination upon surrender of the Bonds to be exchanged at the principal corporate trust office of the
Registrar. No service charge will be made for any transfer,but the City may require payment of a sum sufficient
to cover any tax or governmental charge payable in connection therewith.
The record date (the "Record Date") for the interest payable on any interest payment date means the 15th
calendar day of the month next preceding such interest payment date.
It will be required that all transfers be made within three business days after request and presentation.
6
e ,
The City has agreed to replace mutilated,destroyed,lost or stolen Bonds upon surrender of the mutilated Bonds,
or receipt of satisfactory evidence of such destruction, loss or theft, and receipt by the City and the Registrar of
security or indemnity to keep them harmless. The City may require payment of taxes, governmental charges
and other expenses in connection with any such replacement.
Source of Payment:
The Bonds, together with other outstanding debt on a parity with the Bonds (the "Outstanding Debt"), are
payable as to principal and interest from, and secured by,the proceeds of a continuing,direct annual ad valorem
tax, levied within the limits prescribed by law, against taxable property within the City. In the Ordinance, the
City covenants that while the Bonds are outstanding, it will levy, assess and undertake to collect such tax. See
also "Remedies in the Event of Default."
Authority ror Issuance:
The Bonds are being issued pursuant to the general laws of the State of Texas, including Chapters One and Two
of Title 22, Vernon's Annotated Texas Civil Statutes, as amended, and pursuant to an Ordinance adopted and
passed by the City Council of the City on March 3,1992. The Bonds constitute the final installment of the bonds
authorized by the electorate at separate elections on April 5, 1980 and March 22, 1983.
Use of Proceeds:
Proceeds of the Bonds are being used to provide funds for street and drainage improvements. The proceeds will
also be used to pay the costs of issuance of the Bonds, including the Financial Advisor's fee and Bond Counsel's
fee, both of which are contingent upon the sale of the Bonds, as well as other administrative costs incurred.
Legal Investments in Texas:
Pursuant to Article 842a, Vernon's Annotated Texas Civil Statutes, as amended, the Bonds are legal and
authorized investments for banks,savings banks,trust companies,building and loan associations,savings and loan
associations, insurance companies, fiduciaries and trustees, and for the sinking funds of cities, towns, villages,
school districts, and other political subdivisions or public agencies of the State of Texas. The Bonds are eligible
to secure deposits of public funds of the State and its agencies and political subdivisions, and are legal security
for those to the extent of their market value as long as the Bonds maintain a rating as to investment quality by
a nationally recognized rating agency of not less than A or its equivalent.
The City has made no investigation of any other laws, rules, regulations or investment criteria that may affect
the suitability of the Bonds for any of the above purposes or that may limit the authority of any of the above
entities or persons to purchase or invest in the Bonds. No representation is made with respect to the laws of
states other than Texas as to whether the Bonds are legal investments for various institutions or purposes in
those states.
Remedies in the Event of Default:
The Ordinance requires the City to assess and collect ad valorem taxes each year sufficient to pay principal and
interest when due on the Bonds. However, the Ordinance does not provide any other security for the payment
of the Bonds, or any express remedies in the event of default, and makes no provision for acceleration of
maturity of the Bonds in the event of default, and does not provide for a trustee to protect the rights of the
Bondholder.
7
Although a Bondholder could presumably obtain a judgment against the City in the event of default in the
payment of principal or interest on the Bonds, such judgment could not be satisfied by execution against any
property of the City or any City funds other than those received from the specific tax levies for the Bonds. A
Bondholder could,in the event of default, ask a court for a mandamus or court order compelling the City to levy,
assess and collect sufficient ad valorem taxes to pay principal of and interest on the Bonds as it falls due on the
Bonds or to perform the City's other obligations under the Ordinance. Such remedy might need to be enforced
on a periodic basis and therefore may be impracticable and difficult to enforce. The enforcement of a claim for
payment of principal or interest on the Bonds would be subject to judicial discretion, sovereign police powers
and the applicable provisions of the federal bankruptcy laws and to any other similar laws affecting the rights
of political subdivisions generally and may be limited by general principles of equity.
PRO-FORMA DEBT SERVICE SCHEDULE
The following sets forth the principal and interest on the City's outstanding bonds, certificates of obligation and
the Bonds.
Self Supported
Fiscal Year Outstanding The Bonds Total New Ad Valorem Tax
Ending Ad Valorem $13,300,000 Ad Valorem Debt Included
9-30 Tax Debt Principal Interest(a) Tax Debt in Total
1992 $ 9,576,780 $ 374,063 $ 374,063 $ 2,997,835
1993 9,578,626 $ 275,000 888,469 1,163,469 2,981,957
1994 9,032,429 300,000 869,063 1,169,063 2,462,138
1995 9,034,159 325,000 847,969 1,172,969 2,453,795
1996 10,055,181 350,000 825,188 1,175,188 2,470,165
1997 10,058,066 375,000 800,719 1,175,719 2,468,122
1998 9,800,009 400,000 774,563 1,174,563 2,207,515
1999 9,364,918 425,000 746,719 1,171,719 1,774,725
2000 9,363,165 475,000 716,344 1,191,344 1,768,125
2001 8,619,088 500,000 683,438 1,183,438 1,029,775
2002 8,629,550 525,000 648,844 1,173,844 1,039,550
2003 8,629,563 575,000 611,719 1,186,719 1,039,563
2004 8,648,913 600,000 572,063 1,172,063 1,058,912
2005 8,635,413 675,000 529,031 1,204,031 1,045,413
2006 1,500,000 455,625 1,955,625
2007 1,500,000 354,375 1,854,375
2008 1,500,000 253,125 1,753,125
2009 1,500,000 151,875 1,651,875 ;
2010 1,500,000 50.625 1,550,625
$129,025,860 $13,300.000 $11,153,817 $11,153,817 IM 797 590
Average Annual Debt Service Requirements (1992/2010)(b) . . . . . . . . . . . . . . . . . . . $ 6,667,478
Average Annual Debt Service Requirements (1992/2010) . . . . . . . . . . . . . . . . . . . . . . $ 8,077,878
Maximum Annual Debt Service Requirement (1997) . . . . . . . . . . . . . . . . . . . . . . . . . $11,233,785
(a) Interest estimated at 6.75% for illustration purposes.
(b) Less Self Supported Ad Valorem Tax Debt.
8
DEBT STATEMENT
General:
The following tables and calculations relate to the Bonds and to all other tax supported debt of the City. In
addition to outstanding bonds and certificates of obligation, the City has also issued revenue bonds and has
incurred contractual and other indebtedness and liabilities which are not included below. The City and various
other political subdivisions of government which overlap all or a portion of the City are empowered to incur debt
to be paid from revenues raised or to be raised by ad valorem taxation against all or a portion of property within
the City.
Bonded Indebtedness:
1991 Certified Assessed Valuation
(100% Estimated Market Value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,890,352,140
Direct Ad Valorem Tax Debt
Outstanding Debt (as of January 1, 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76,446,091
The Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.300.000
Total Direct Ad Valorem Tax Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89,746,091
Less: Self Supported Debt 17.020.000
Total Direct Ad Valorem Tax Supported Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 726 091
Interest & Sinking Fund Balance (Estimated as of January 1, 1992) . . . . . . . . . . . . . . 519 700
(a) See 'DEBT STATEMENT - Revenue Support of Ad Valorem Tax Bonds and Certificates of Obligation."
Revenue Support of Ad Valorem Tax Bonds and Certificates of Obligation:
Certain tax supported bonds and certificates of obligation are being paid from revenues other than ad valorem
taxes. The City has $17,020,000 of such bonds and certificates of obligation which are presently outstanding.
The following is a schedule of funds so transferred in 1986 through 1991. The City has pursued a policy of
recording bonds and certificates of obligation associated with enterprise fund activities in the appropriate
enterprise funds. The debt service of these bonds and certificates of obligation are paid directly from these
funds.
1991 1990 1989 1988 1987 1986
Transfer from other funds to
Debt Service Fund $ 412,038 $ 66,100 $ 67,660 $ 69,260 $ ~ 66,953 $ 56,950
Debt Service paid from
other Enterprise Funds $ 2,063,748 $ 2,072,120 $ 2,078,601 $ 1,734,676 $ 1,656,247 $ 1,289,270
9
` 4
Estimated Overlapping Debt:
The following table indicates the indebtedness,defined as outstanding certificates payable from ad valorem taxes,
of governmental entities overlapping the City and the estimated percentages and amounts of such indebtedness
attributable to property within the City. This information is based upon data secured from the individual
jurisdictions and/or the Texas Municipal Reports. Such figures do not indicate the tax burden levied by the
applicable taxing jurisdictions for operation and maintenance or for other purposes. The City has not
independently verified the accuracy or completeness of the information shown below except for amounts related
to the City.
Overlapping
Taxing?Jurisdiction Debt as of 1-1-92 Percent Amount
Beaumont Independent School District $3,798,315 61.87 $ 2,350,017
Jefferson County 26,475,000 28.29 7,489,778
Jefferson County Drainage District No. 6 9,514,983 71.68 6,820,340
Port of Beaumont Navigation District 6,600,000 65.39 3,923,400
TOTAL ESTIMATED OVERLAPPING DEBT $20,583,535
The City 72,726.091
TOTAL DIRECT AND ESTIMATED OVERLAPPING DEBT $93,309,626
(a) Less self-supporting add valorem tax debt service.
Debt Ratios•
Direct Direct Tax
Ad Valorem Supported and
Tax Supported Overlapping
Direct Debt Debt Debt
1991 Certified Assessed Valuation ($2,890,352,140) . . . . . . 3.11% 2.52% 3.23%
Per Capita (114,323) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $785 $636 $816
Short Term Debt:
Under Article VII of the City Charter, the City is empowered to issue Tax Anticipation Notes. As of January
1, 1992, the City has no outstanding tax anticipation notes.
TAX DATA
General:
One of the City's sources of operational revenue and its principal source of funds for ad valorem tax debt service
payments is from the receipts from ad valorem taxation. The following is a recapitulation of(1) the authority
for taxation,including methodology,limitations,remedies and procedures;(2)historical analysis of collection and
trends of tax receipts and provisions for delinquencies; and (3) an analysis of(a) the current tax base, (b) the
principal taxpayers and (c) other ad valorem taxation that may compete with the City's tax collections.
Additionally, sales tax authority and collections are analyzed as well as payments received in lieu of taxes for
Industrial District Contracts and tax receipts received from the City's tax increment reinvestment zone. The
inclusion of the following information is not intended to imply that any revenues of the City, other than receipts
of an ad valorem tax are pledged to pay the principal of or interest on the Bonds. Such information, and the
other information contained in this Official Statement relating to sources of revenues other than ad valorem
taxes, is included only for the purpose of providing information concerning the general operation of the City.
10
p
Authority for Ad Valorem Taxation:
Following is a discussion of ad valorem taxation under Texas law. Recently effective changes to the law,
especially the Texas Property Code (the 'Property Code"), have had significant effects upon the existing tax
methodology and procedures discussed below. The City is continuing to assess the full impact of such changes
upon the City's ad valorem tax procedures, and cannot predict the future possibility of further amendments or
revisions to the Property Code.
- Tax Rate Limitations -
Article XI,Section 5 of the Texas Constitution, provides for an overall limitation for Home Rule Cities of$2.50
per$100 assessed valuation of which not more than$1.50 can be used for general operating purposes under the
City Charter. The Attorney General of Texas follows a policy, with respect to Home Rule Cities which have
such a $2.50 limitation, of approving ad valorem tax bonds only to the extent that all of such city's ad valorem
tax debt can be serviced by a tax rate of$1.50 at 90% collection.
- Property Subject to Taxation -
Except for certain exemptions provided by Texas law, all the property in the City,real or personal, is subject to
taxation by the City. Principal categories of exempt property include property owned by the State of Texas or
its political subdivisions if the property is used for public purposes; property exempt from ad valorem taxation
by federal law;certain household goods,family supplies,and personal effects;farm products owned by producers;
certain property associated with charitable organizations, use and development associations, religious
organizations, and qualified schools; designated historic sites; solar and wind powered energy devices; most
individually owned automobiles; property of disabled veterans only to the extent of$3,000 of taxable valuation;
and residential homesteads of persons over 65 years, to the extent the governing body of the political subdivision
granting an exemption deems it advisable to exempt such homestead. The Council presently exempts from
taxation up to $17,500 assessed valuation on residential homesteads to persons over 65 years of age. Such
homestead and disabled veterans exemptions from the 1991 tax roll approximate $150,422,550.
An eligible owner of agricultural and timberland may apply to have such properties which meet certain
requirements appraised on the basis of productivity value or market value,whichever is less. However, eligible
timberland may not be appraised at a value lower than was assigned on the 1978 tax rolls. The total loss in
value due to grants of agricultural use and open-space land appraisal from the 1991 tax roll approximate
$19,184,170.
Voters of the State of Texas have approved a state constitutional amendment which permits local governments
the option of granting homestead exemptions of up to 20% of market value. The City currently does not grant
an additional homestead exemption.
- Collections -
Since 1982,the City has contracted with the Jefferson County Tax Assessor-Collector to collect ad valorem taxes
on behalf of the City at a rate of$0.22 per taxpayer per year.
The City has a lien granted by statute for unpaid taxes on real property which is discharged upon payment.
Thereafter, no lien exists in favor of the City until it again levies taxes. A tax lien may not be enforced on
personal property transferred to a bona fide purchaser for value who does not have actual notice of the existence
of the lien. In the event a taxpayer fails to make timely payment of taxes owing to the City on real property,
a penalty of 6% of the unpaid taxes is incurred in February and 1% is added monthly until July 1 when the
penalty becomes 12%. In addition, interest on delinquent taxes accrues at the rate of 1% per month until paid.
The City may file suit for the collection of delinquent taxes and may foreclose such lien in a foreclosure
11
proceeding. The City may also impose an additional penalty to defray costs of collection by an attorney,not to
exceed 15% of the total amount due. The property subject to the City's lien may be sold, in whole or in part,
pursuant to a court order to collect the amounts due. The ability of the City to collect delinquent taxes by
foreclosure may be adversely affected by the amount of taxes owed to other taxing units, adverse market
conditions,taxpayer redemption rights, or bankruptcy proceedings which restrain the collection of the taxpayer's
debt.
- Taxation Procedures -
Since January 1, 1982, the appraisal of property within the City is the responsibility of the Jefferson County
Appraisal District with county-wide jurisdiction(the"Appraisal District"). The Appraisal District operates under
rules adopted by the State Property Tax Board (the"Tax Board"). The Tax Board, appointed by the Governor,
began operation on January 1, 1980. Appraisal Districts within each county also began operation at that time.
The majority of the directors of the Appraisal District may be selected by taxing entities other than the City.
The Appraisal District is required to review all property within the City at least every four years. The reappraisal
was completed for the 1991 tax roll. The Appraisal District is required to assess all property within the City on
the basis of 100% of its appraised value and is prohibited from applying any assessment ratios. By August 1,
or as soon as possible thereafter, the City must adopt a tax rate for the current year. Taxes are due October
1 and become delinquent after January 31 of the following year. No discount for early payment is offered.
Partial payments may be accepted if requested by the taxpayer and approved by the City. If the effective tax rate,
excluding taxes for bonds and other contracted obligations,for the current year,exceeds the rate for the previous
year by more than 8% above the effective tax rate, the qualified voters of the City may petition for an election
to determine whether to limit the increase of the tax rate to no more than 8% for the current year. The City
is required to hold public hearings to permit voter discussion should the effective tax rate be increased by more
than 3%.
Under Texas law, the Appraisal District is under a obligation to assess all property for taxation which has not
been rendered for taxation by the owner and to present his assessments along with any objections to renditions
to a nine-member Appraisal Review Board,each of whom has resided within the Appraisal District for two years,
and has been appointed by the Appraisal District's Board of Directors. The Appraisal Review Board has the
ultimate responsibility of equalizing the value of all comparable taxable property within the Appraisal District;
however, any owner who has rendered his property may appeal the decision of the Appraisal Review Board by
filing suit in district court in Jefferson County,within 45 days from the date the tax roll is approved. In the event
of such suit, the value of the property is determined by the court, or by a jury if requested by the owner,which
value as so determined is binding on the City for the tax year in question and the succeeding year, except for
subsequent improvements.
A city, or other taxing unit, may challenge the appraisals assigned categories of prop4ty within its jurisdiction
under certain limited circumstances. The City may also sue the Appraisal District to compel it to comply with
the Property Code. It is not expected that Appraisal District procedures will affect the ability of the city to adjust
its tax rate so that it may levy and collect taxes sufficient to meet its obligations.
12
Historical Analysis of Ad Valorem Taxation:
- Collection Ratios -
Tax Rate % Tax Collections
Tax Assessed Per $100 of Adjusted Current Current and Fiscal Year
Year Valuation Assessed Valuation Tax Lew Year Prior Years Ending 9-30
1985 $2,867,002,595 $0.69 $19,782,318 95.03 98.14 1986
1986 2,868,966,060 .69 19,795,866 95.96 98.23 1987
1987 2,716,566,740 .69 18,744,311 96.61 100.49 1988
1988 2,736,778,860 .54 14,778,606 (a) 97.17 102.49 1989
1989 2,759,044,690 .54 14,898,841 97.19 100.76 1990
1990 2,790,700,060 .54 15,069,780 97.50 101.90 1991
1991 2,890,352,140 .59 17,053,106 (b) (b) 1992
(a) Levy reduced due to election of additional 1/2 cent sales tax.
(b) In process of collection.
- Tax Rate Distribution -
1991 1990 1989 1988 1987 1986 1985
General Fund $0.35 $0.37 $0.31068 $0.2922 $0.43050 $0.4462 $0.4646
Interest &
Sinking Fund .24 .21 0.22080 0.2200 0.23143 0.2254 0.2254
Liability Insurance
Trust Fund -0- -0- -0- 0.0192 0.01940 0.0184 -0-
Capital Project Fund _0- =0- 0.00852 0.0086 0.00867 -0- -0-
Total $Q.59 $0.54 $Q.54000 0.5400 0.69000 $0.6 900 0.6900
- Tax Base Distribution -
Type of Property 1991 Tax Roll % 1990 Tax Roll %
Residential $1,552,153,560 50.64 $1,491,447,840 50.43
Commercial 973,006,050 31.75 940,729,720 31.78
Industrial 198,281,870 6.47 182,854,810 6.18
Utilities 200,910,690 6.56 203,879,290 6.89
Vacant Lots/Tracts/Acreage 128,549,740 4.19 129,366,030 4.37
Minerals 9,281,980 .30 6,475,870 .22
Other Personal 2.784,200 .09 3.973.270 .13
Gross Assessed Value $3,064,968,090 $2,958,226,830
Less: Exemptions 170.665,190 167.526,770
Net Assessed Value $2,890.352,140 $2,790,700.060
13
- Principal Taxpayers -
1991 1990
Taxpayer Type of Property Tax Roll Tax Roll
Gulf States Utilities Co. Electric Utility $95,235,380 $93,587,500
Southwestern Bell Telephone Co. Telephone Utility 70,045,650 74,800,860
Chevron USA Inc. Chemical Properties 55,855,900 53,617,230
Amoco Oil Company Chemical Properties 36,998,450 35,447,360
Parkdale Mall Shopping Center 28,516,940 28,521,690
Betz Laboratories Chemical Properties 22,723,340 22,920,740
E.I. Dupont De Nemours Chemical Properties 13,038,320 (a)
First City, Texas - Beaumont Bank 11,798,710 (a)
Quantum Chemical Corp, Chemical Properties 10,248,600 (a)
Nations Bank - Beaumont Bank/Office Complex 9,574,710 10,491,150
Beaumont Coca-Cola Co. Distribution Facility (a) 11,527,400
Holidome, John Q. Hammonds Hotel-Motel (a) 9,340,780
Entex Inc. Gas Utility (a) 9,328.770
Total Top Ten Taxpayers Assessed Valuation $354.036,000 $349,583,480
% of Assessed Valuation to Respective Tax Roll 12.25% 12.53%
(a) Not a principal taxpayer in that tax year.
- Tax Adequacy-
Average Annual Debt Service Requirements (1992/2010)(a) . . . . . . . . . . . . . . . . . . . . . . . . $ 6,667,478
Tax Rate of$0.243 per $100 assessed valuation against
the 1991 Assessed Valuation, at 95% collection, produces . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,672,378
Average Annual Debt Service Requirements (1992/2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,077,878
Tax Rate of$0.295 per $100 assessed valuation against
the 1991 Assessed Valuation, at 95% collection, produces . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,072,754
Maximum Annual Debt Service Requirements (in the year 1997) . . . . . . . . . . . . . . . . . . . . . $11,233,785
Tax Rate of$.410 per $100 assessed valuation against
the 1991 Assessed Valuation, at 95% collection, produces $11,257,922
(a) Less Self Supported Ad Valorem Tax Debt Service.
14
• n , i
Estimated Overlapping Taxes:
Under Texas law, if ad valorem taxes levied by a taxing authority become delinquent, a lien is created upon the
property which has been taxed, which lien is on a parity with any tax lien on such property in favor of the City.
In addition to ad valorem taxes required to retire the aforementioned direct and estimated overlapping debt,
certain taxing jurisdictions including those mentioned above are also authorized by Texas law to assess,levy,and
collect ad valorem taxes for operation, maintenance, administrative and/or general revenue purposes.
Set forth below is an estimation of ad valorem taxes levied on a $60,000 single-family residency by such
jurisdictions, assuming the assessments are made at their claimed basis of assessment (100%). Such residence
is further assumed to be located within Jefferson County wherein all of the residential property within the City
is located. No recognition is given to local assessments for civic association dues,fire department contributions,
or other charges made by other than political subdivisions.
1991 Tax Estimated
Taxing Jurisdictions Rate 100 1991 Tax Bill
The City $0.5900 $ 354.00
Beaumont Independent School District .3780 226.80
Jefferson County Central Education District .7700 462.00
Jefferson County .3090 185.40
Jefferson County Drainage District No. 6 .1889 113.34
Port of Beaumont Navigation District .0498 29.88
Estimated Total 1991 Tax Bill JLZa57 1371.34
Sales Tax:
- Authority-
The City has adopted the provisions of Article 1066c, Vernon's Texas Civil Statutes, as amended, which grants
the City the power to impose and levy a 1% sales tax. The City may not pledge the proceeds from the sales tax
as security for the Bonds.
- Sales Tax Option -
In 1986 the Texas Legislature passed a statute giving Texas cities the option of assessing a 1/2 cent sales tax.
The sales tax must be approved by a majority of the city's voters in a local option election and, if the tax is
approved, then the city must reduce its ad valorem tax property levy by the estimated sales tax revenues.
The City had a special election of the City's voters on August 8, 1987, approving a one-half cent sales tax. As
a result of that election, the ad valorem tax levy was reduced from $0.69 per $100 valuation to $0.54 per $100
valuation for tax year 1988. It is not anticipated that any change in this tax rate will occur as a result of sales
tax collections.
15
- Collection History -
The State Comptroller, after deduction of a 2% service fee, currently remits the City's portion of sales tax
collections monthly. By statute the Comptroller is required to remit at least twice annually. The following is
an analysis of the collection history of the City's sales tax:
Ad Valorem Taxation Comparisons
Fiscal Year Sales Tax Equivalent Tax Rate % of Actual
Ended 9-30 Receipts Tax Year Equivalent Tax Lew
1980 $ 7,024,856 (1979) $0.965 51.59%
1981 8,147,717 (1980) 1.019 54.47
1982 8,717,207 (1981) .561 50.49
1983 8,627,153 (1982) .361 48.10
1984 9,758,376 (1983) .386 50.79
1985 9,671,021 (1984) .374 47.92
1986 9,758,156 (1985) .341 49.41
1987 9,442,775 (1986) .329 47.70
1988 12,972,384 (a) (1987) .478 69.21
1989 15,928,261 (a) (1988) .582 107.78
1990 17,405,117 (a) (1989) .631 116.82
1991 18,415,116 (a) (1990) .660 122.20
(a) Includes 1/2 cent sales tax increase
Industrial District Contracts:
The City has created,within its extraterritorial jurisdiction,but outside of the City limits,ten Industrial Districts
and has entered into contracts with the industry within such districts. These contracts expire in 1995. The
contracts specify payments to be made in lieu of ad valorem taxes and protect the industries from annexation
by the City during the term of the respective contracts. Such revenues are not pledged to the payment of the
Bonds.
The Industrial District, the industry within, their contract dates and current payment are as follows:
Industrial District 1991 1990 1989 1988
Mobil Oil Corporation . . . . . . . . . . . . . $4,872,478 $4,552,089 $4,255,480 $4,218,767
Texas Gulf Sulphur Co. . . . . . . . . . . . . -0- 11,369 25,792 107,130
Occidental Petroleum . . . . . . . . . . . . . . 443,824 438,234 362,814 362,448
Bethlehem Steel Corp. . . . . . . . . . . . . . -0- -0- 11,943 38,403
E. I. duPont de Nemours & Co. . . . . . . 1,263,168 1,312,362 1,264,002 1,292,015
Gulf States Utilities Co. . . . . . . . . . . . . 60,074 64,949 65,904 67,644
Goodyear Tire & Rubber Co. . . . . . . . . 396,460 398,746 402,654 382,099
Olin Corp. . . . . . . . . . . . . . . . . . . . . . . 45,245 44,263 43,260 42,909
Atochem North America, Inc.. . . . . . . . 100,064 105,516 100,113 99,283
Texas Eastern Transmission Corp. 14,900 15,264 20.283 17.490
Total JL5L2,245 kL28,188
16
z
Revenue from these contracts is summarized and compared to ad valorem taxation in the table below:
Revenues from
Industrial Ad Valorem Taxation Comparisons
Fiscal Year District Equivalent Tax Rate % of Actual
Ended 9-30 Contracts Tax Year Equivalent Tax Lew
1982 $4,591,139 (1981) $0.296 26.59%
1983 4,837,738 (1982) .203 26.97
1984 5,114,045 (1983) .202 26.62
1985 5,735,193 (1984) .222 28.42
1986 6,196,818 (1985) .216 31.38
1987 6,609,128 (1986) .230 33.39
1988 6,628,188 (1987) .244 35.36
1989 6,552,245 (1988) .239 44.34
1990 6,942,792 (1989) .252 46.60
1991 7,196,213 (1990) .258 47.75
Tax Increment Reinvestment Zone:
In 1982, the City established a tax increment reinvestment zone in the downtown area in order to assist in its
revitalization. As a result of creation of the zone, ad valorem taxes currently collected in excess of collections
during a base year are to be used to finance public improvements to be located within the zone. These excess
ad valorem tax collections will not be available for debt service on ad valorem tax debt (including the Bonds).
Tax increments set aside for public improvements in the City's zone will be approximately$40,000 during 1992.
The zone was set up with a life of 21 years. The taxable assessed valuation of property within the District was
approximately $40,322,890 or 1.46% of the taxable assessed valuation of the City at the time of determination.
17
SELECTED FINANCIAL DATA
Historical Operations of the City's General Fund:
The following is a condensed statement of revenues and expenses of the City's General Fund for the past five
fiscal years. The inclusion of the following table is not intended to imply that any revenues of the City, other
than receipts from ad valorem taxes as provided in the Ordinance, are pledged to pay principal and interest on
the Bonds.
Fiscal Year Ended September 30,
1992 (a) 1991 1990 1989 1988 1987
REVENUES
Property Taxes $10,465,000 $ 9,131,119 $ 8,797,516 $ 8,436,783 $11,998,362 $12,705,420
Gross Receipts Tax 8,700,000 8,440,117 7,929,209 7,653,649 7,434,738 4,090,777
Sales and Use Tax 18,750,000 18,415,116 17,405,117 15,928,261 12,972,384 9,442,775
Industrial Payments 7,300,000 7,196,213 6,942,792 6,552,244 6,628,188 9,265,699
Licenses and Permits 485,000 488,166 430,602 436,619 399,632 405,410
Users Fees 1,058,000 1,118,261 1,121,040 1,143,263 1,048,169 1,016,504
Fines & Forfeits 952,000 1,322,622 1,272,498 1,51,6,721 995,418 1,112,554
Cultural & Recreationa1725,000 735,435 687,585 182,069 214,757 83,272
Intergovernmental 566,000 (b) 25,530 28,652 31,828 23,709 11,694
Interest 140,000 157,954 268,762 363,970 292,631 409,358
Miscellaneous 474.000 5190 7 367.726 603.725 1,046.494 407.397
Total Revenues $49.615,000 $47.550,220 $45,251,499 42 849132 $43.054,482 38 950 860
EXPENDITURES
General
Government $ 1,875,000 $ 1,795,562 $ 1,720,435 $ 1,906,190 $ 1,737,318 $ 1,687,440
Central Services 2,525,000 2,009,466 897,653 417,334 447,409 1,753,849
Administrative
Services 2,195,000 2,467,278 3,343,501 3,603,615 3,729,193 3,809,939
Police 14,325,000 13,208,288 12,580,758 11,618,980 10,831,405 10,384,132
Fire 10,640,000 9,913,928 9,595,236 9,074,969 8,446,255 8,081,455
Public Safety 2,535,000 2,456,467 2,304,950 2,256,219 2,050,684 787,139
Health 1,700,000 1,200,001 1,100,838 933,733 904,115 1,695,726
Public Works 9,100,000 8,269,207 8,025,451 7,862,295 7,518,648 8,750,134
Community Services 4,385,000 4,022,805, 4,222,470 3,386,420 3,252,650 1,546,265
Non-Departmental 740.000 775.435 1.240.423 392.013 890.568 -0-
Total 150.020.000 46118 437 45 031715 41451768 39 808 245 38 496 079
(a) Budget figures.
(b) Includes special revenue grants of$552,400 previously recorded in separate funds.
General Fund and Debt Service Fund Balance for the Past Five Fiscal Years:
Fiscal Year Ended September 30
1991 1990 1989 1988 1987 1986
General Fund $4,601,339 $3,977,198 $4,007,476 $6,502,242 $5,854,542 $5,455,601
Debt Service Fund $3,525,115 $3,440,490 $2,332,176 $2,431,929 $1,999,494 $1,428,519
18
Financial Statements:
A copy of the City's Financial Statements for the fiscal year ended September 30, 1991, is attached hereto in the
APPENDIX B. Copies of such statements for preceding years are available, for a fee, upon request.
ADMINISTRATION OF THE CITY
Mayor and City Council:
Policy-making and legislative functions are the responsibility of and are vested in the Mayor and Council under
provisions of the"Charter of the City of Beaumont"(the"Charter") approved by the electorate December 6, 1947,
and amended in 1952, 1972, 1983 and 1986. The Council is composed of seven members, including the mayor,
three of whom, including the Mayor, are to be elected at-large in even numbered years. All members serve two-
year terms. The Mayor is entitled to vote on all matters before the Council,but has no power to veto Council
action. Members of the Council are described below:
Council Members Position Term Ex in res Occupation
Evelyn M. Lord Mayor May 1992 Attorney at Law
Lulu L. Smith, M.D. Mayor Pro Tem May 1993 Physician/Baptist
Ward 1 Convenient Care
Guy N. Goodson Councilman May 1993 Attorney at Law,
Ward 2 Benckenstein, Oxford
& Johnson
Audwin M. Samuel Councilman May 1993 Law Student
Ward 3
David W. Moore Councilman May 1993 Marketing Executive/
Ward 4 Xerox Corporation
Brian R. Alter Councilman May 1992 Vice President/Gem
At Large Distributing Company
Andrew P. Cokinos Councilman May 1992 Investments/Real
At Large Estate
Administration:
Under provisions of the Charter, the Council enacts local legislation, adopts budgets, determines policies and
appoints the City Manager, who is charged with the duties of executing the laws and administering the
government of the City. As the chief executive officer and head of the administrative branch of the City
government, the City Manager is given the power and duties to:
(1) Appoint and remove all department heads and all other employees in the administrative service
of the City and may authorize the head of a department to appoint and remove subordinates in
his respective department;
(2) Prepare the budget annually, submit it to Council, and be responsible for its administration;
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(3) Prepare and submit to Council a complete report on the finances and administrative activities of
the City;
(4) Keep Council advised of the financial condition and future needs of the City and make
appropriate recommendations; and
(5) Perform such other necessary duties as prescribed by the Charter or required by Council.
Members of the administrative staff are described below:
City Manager - Ray A. Riley - Mr. Riley is a graduate of Ouachita Baptist University (1961) and received a
Master's Degree in Public Administration from Kansas University(1967). Mr.Riley has served as City Manager
of Olathe, Kansas (1968-1973), Fort Smith, Arkansas (1973-1978), and Beaumont, Texas (1978-1983). He was
the executive vice-president of T.E. Moor&Company,an insurance company located in Beaumont,Texas,from
1983-1989 until returning as Beaumont's City Manager in February of 1989.
Assistant City Manager-Sterling Pruitt-Mr. Pruitt is a graduate of Pittsburg State College(1970)and received
a Master's Degree in Public Administration from Kansas University(1974). Mr.Pruitt has served as an assistant
to the Budget Director for the City of Phoenix, Arizona (1974-1987), as an assistant to the City Manager in
Phoenix,Arizona (1987-1990) and was appointed Assistant City Manager for the City in June 1990.
Treasurer - Kandy Daniel - Ms. Daniel is a graduate of Lamar University (1980). She has a degree in
Accounting with nine years experience in Municipal Finance. Ms. Daniel has been employed by the City of
Beaumont since 1981 and has held the position of Treasurer since October 1988. She is a member of the
Government Finance Officers Association and a three year member of the board of directors of the Government
Treasurers Organization of Texas.
City Attorney-Lane Nichols-Mr.Nichols is a graduate of Lamar University(1964) and the University of Texas
School of Law(1967). He has been City Attorney of Beaumont since March of 1984. Prior to that he was First
Assistant City Attorney for the City. He is a member of the Texas Bar Association and admitted to practice in
the U.S.District Court for the Eastern District of Texas and the United States Supreme Court. He is a member
of the National Association of Municipal Law Officers and past President of the Texas City Attorneys
Association.
Consultants:
The City has retained several consultants to perform professional services in connection with the independent
auditing of its books and records and other City activities. Several of these consultants are identified below:
Bond Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orgain, Bell & Tucker
Beaumont, Texas
Certified Public Accountants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coopers & Lybrand
Houston, Texas
Financial Advisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rauscher Pierce Refsnes, Inc.
Houston, Texas
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LITIGATION
The City is a defendant in various lawsuits and is aware of pending claims arising in the ordinary course of its
municipal and enterprise activities, certain of which seek substantial damages. That litigation includes lawsuits
claiming damages which allege t aat the City caused personal injuries and wrongful deaths, lawsuits and claims
alleging discriminatory hiring and promotional practices and certain civil rights violations; various claims from
contractors for additional amounts under construction contracts; and various other liability claims. The status
of such litigation ranges from an early discovery stage to various levels of appeal of judgments both for and
against the City.
One particular case against the City involves a suit filed by four former employees of the Police Department and
one current employee of the Police Department. The plaintiffs allege City violations of the Texas whistleblower
statute and other constitutional provisions. The case was tried in state court and a jury verdict of approximately
$2,400,000 was returned against the City in January of 1991. The case is presently under appeal,but the outcome
is uncertain. The judgment bears interest at approximately 10% per annum.
The City is also aware of claims based upon alleged personal injuries, property damages and violations of civil
rights laws or federal environmental laws or regulations which have not been asserted in litigation.
The City intends to defend itself vigorously against the suits and claims; however, no prediction can be made,
as of the date hereof, with respect to the liability of the City for such claims or the final outcome of such suits.
In the opinion of the City,it is improbable that the lawsuits now outstanding and the claims now pending against
the City could become final in a time and manner so as to have a material impact upon the City or its ability
to repay the Bonds.
LEGISLATION AND REGULATION
Affecting the City's Operations:
In November of 1991, the City was issued a five year permit by the EPA for operation of the City's waste water
treatment and discharge system. The City is also required to obtain an operating permit from the Texas Water
Commission and the City expects to obtain this permit in the near future. The terms of the EPA's permit
require the City to make major modifications to its waste water treatment and discharge system so as to improve
the quality and increase the oxygen content of the effluent. The City estimates that it will have to expend up
to $20,000,000 in order to make these improvements.
The City has designed a wetlands system for this purpose which has been approved by the EPA and the Texas
Water Commission. Further,the City has applied for and received approval from the Texas Water Development
Board to issue$20,000,000 in revenue bonds to finance the construction cost of this wetlands system. The bonds
are to be purchased by the Texas Water Development Board and will be repaid by the City over 20 years at an
interest rate of 5.50%. The City expects to close this transaction in April of 1992.
Recent revisions to the Clean Water Act will require the City to identify its storm sewer system and to eliminate
impermissible connections to that system. Proposed implementing regulations are expected to mandate
compliance over the next five years. Based upon current estimates, the City projects its cost of compliance with
these revisions to be approximately$800,000. It is expected that City revenues will be sufficient to cover this cost
so long as there is no significant increase in actual compliance cost.
21
,
In addition, the EPA has recently issued regulations (commonly known as NPDEs) that will require the City to
obtain discharge permits for the City's storm sewer system, landfill, fire training grounds, vehicle maintenance
facilities and similar facilities. Under current EPA regulations, these permits must be obtained by November
of 1992. The City estimates that it will spend approximately$800,000 in consulting fees to obtain these permits.
The City will pay 1/2 of this cost and the other 1/2 will be paid by Jefferson County Drainage District No. 6.
In this connection, the permits will require the City to periodically take storm water samples at up to 200
locations. If the samples reveal an unacceptable level of pollutants,the City may be required to purify the storm
water or it may be required to take action to require the local property owner to purify the storm water. It is
not possible to predict what costs the City may incur if it is required to purify the storm water and whether the
City would have to borrow funds for such purpose.
The City is also under a mandate from the Texas Water Commission to clean up soil contamination at its fire
training center. The City estimates that the clean up costs will be approximately$750,000 and that the costs will
be paid out of the revenues received from operation of the fire training center.
Affecting the Tax Base:
Air quality control measures of the EPA and the Texas Air Control Board("TACB") may curtail new industrial,
commercial and residential development in the City and the surrounding areas. Existing ambient ozone
concentrations exceed EPA standards, and sulfur dioxide emissions are increasing. Because of these factors,
federal regulations are particularly stringent with regard to construction or modifications of certain facilities
which emit pollutants. The regulations require,among other things,that new or increased hydrocarbon emissions
must be offset by reductions of existing sources in the area. New and more stringent limitations on development
in the Beaumont area may result if reasonable further progress is not made toward attaining the EPA's ambient
air quality standard for ozone. Such limitations could include (1) more stringent offset regulations, (2) outright
bans of new large facilities, and (3) increased transportation controls. Enforcement of such limitations could
have an adverse effect on assessed valuations in the City and the surrounding area.
The EPA has approved a hydrocarbon control plan proposed by the Texas Air Control Board for the Beaumont
area ending the possibility of sanctions which have been proposed by the EPA. Provisions of the plan include
automobile emission control inspections, extensions of local bus service and construction of transportation
facilities. The EPA's approval of the plan will be effective 30 days after its publication in the Federal Registrar.
Under the provisions of the Flood Disaster Protection Act of 1973 and accompanying regulations, the Federal
Insurance Administration identified property lying within the 100-year flood plain (areas with a probability of
flooding of 1% or greater each year) and subjected those areas to regulations which constricted construction.
These regulations are being implemented in phases, as increasingly detailed data becomes available. The City
and Jefferson County have already passed ordinances implementing building restrictions in flood plain areas.
Approximately 66%of the surface area in the County and approximately 12%of the surface area in the City are
considered flood hazard areas,which may have an adverse effect on the market valuation of the property within
the areas and all of which may adversely effect assessed valuations.
OTHER CONSIDERATIONS
Future Bond Issues:
In April of 1992, the City intends to issue $20,000,000 in water and sewer system revenue bonds to the Texas
Water Development Board. These bonds will finance the construction of improvements to bring the City's waste
water treatment and discharge system into compliance with the requirements of the City's operating permit
recently obtained from the EPA. The Texas Water Development Board has already approved of the issuance
of these bonds.
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The City estimates that up to$10,000,000 in additional water and sewer system revenue bonds or certificates of
obligation will be issued in fiscal year 1992. These bonds will finance the construction of a new sewer system
and sanitary plant and water lines for the federal prison to be constructed in the City.
The City estimates that up to $1,600,000 will be incurred over the next five years to comply with the recent
revisions to the Clean Water Act. Funds from state or federal agencies in the forms of loans or grants are not
expected to be available. If then current City revenues are not sufficient for such purpose, the City will have to
issue tax or revenue bonds or certificates of obligation to obtain the necessary funds.
Pension Fund:
All permanent employees of the City other than firemen are covered by a state-wide retirement plan
administered by the Board of Trustees of the Texas Municipal Retirement System (TMRS). The City's
contribution rate to the System, including supplemental disability benefits for calendar year 1990, was set at
10.33%of each participant's salary as determined by the System's actuary in accordance with the Texas Municipal
Retirement System Act. The City's total contributions for the fiscal year ended September 30, 1991, in
accordance with these requirements, were$2,501,584. The unfunded accrued liability for prior service benefits
(both vested and nonvested) at the date of latest actuarial determination on December 31,1990,was$12,192,937.
Firemen are covered by a Firemen's Relief and Retirement Fund maintained by members of the City of
Beaumont Fire Department under the provisions of applicable laws of the State of Texas. All persons who are
not more than 35 years of age upon entering service as a fireman become members of the plan. While the City
has no direct fiduciary responsibility for the fund, the Director of Finance serves as member of its Board of
Trustees. Contributions made to the fund were 12% of salary by each member and matched by 10% from the
City. The contributions by the City for the year ended September 30, 1991 were $731,804.
Collective Ba aining:
Police officers and firemen employed by the City have collective bargaining rights under the Texas Fire and
Police Employees Relations Act. The current labor agreements between the City and its fire union and the City
and its police union will each expire September 30, 1994. Neither the police officers nor the firemen have the
right to strike, but under the labor agreements firemen may submit any issues not resolved by negotiation to
binding arbitration,while the policemen may submit such issues to a factfinder with a referendum election finally
determining all unresolved issues.
Risk Management/Self Insurance:
The City retains risks associated with torts and other statutory causes of action; theft of, damage to and
destruction of assets;errors and omissions;injuries to employees;employee health benefits;and natural disasters.
Transactions related to the City's risk management program are recorded in two separate funds: The Employee
Benefits Fund and the General Liability Fund. The City's General, Water Utilities, Solid Waste, Hotel
Occupancy Tax,Fleet and certain Grant Funds participate in the program and make contributions based on the
amounts needed to fund prior and current claims and to establish a reserve for catastrophic losses.
The Employee Benefits Fund records all transactions related to employee health claims,workers compensation
claims,dental insurance premiums and the administration of these programs. The City retains all risks associated
with the employee health program up to $150,000 per person. Risks associated with the City's workers
compensation liabilities are also retained,up to$500,000 per incident. The City purchases commercial insurance
to cover losses beyond the coverage provided by the Fund. As of September 30, 1991 the City estimated the
liability for claims incurred in the Employee Benefits Fund to be $2,153,454. At the same time the Fund had
$2,748,803 in available assets.
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In order to provide a source for payment of any claims which may arise now or in the future, the City has
established a general liability self-insurance fund. The current balance in the fund is approximately$3,408,000.
However, there can be no assurance that the City may not experience claims or suffer losses substantially in
excess of the balance in the fund from time to time.
Under the laws of the State of Texas, claims for torts are limited to $250,000 per person and $500,000 per
incident. As of September 30, 1991, the City estimated the liability for claims that are probable and that can be
reasonably estimated is approximately $3,308,550. Therefore, to the extent that amounts in the fund are not
sufficient, the City may find it necessary to use current revenues or to incur additional indebtedness in order to
satisfy such claims and losses which may, either individually or in the aggregate, be significant. Furthermore,
it is not possible for the City to estimate its potential liability under this program of self insurance due to its
recent implementation, although the prior losses have approximated an average of$130,000 per year.
General Economic Conditions:
Beaumont's economy continues to expand after the downturn of the middle 1980's. According to John Sharp,
Texas Comptroller of Public Accounts, Southeast Texas and Beaumont are currently enjoying the "fastest
employment growth in the nation." The City's unemployment rate was set at 6 percent down from 6.7 percent
a year ago and 12 percent in 1986.
The recovery is beginning to show in other economic indicators. Occupancy rates for rental units are at an all
time high. Property valuations increased approximately 1% for fiscal years 1990 and 1991, and 3.6% for fiscal
year 1992. Total governmental revenues grew 4.5% to $62.7 million.
Landfill Operations:
The City operates a Type I solid waste landfill. New regulations issued by the EPA will impose more stringent
requirements on the operation of the landfill and the City estimates that it will incur an additional $500,000 in
operating costs each year to comply with the new regulations. Such cost is expected to be paid out of the
revenues realized from operating the landfill.
Browning Ferris Industries is currently constructing a Type I solid waste landfill approximately 1/2 mile outside
of the city limits of the City. Although such landfill will be in direct competition with the City,the City does not
expect this landfill to adversely affect the operation of the City's landfill since the new landfill will service
primarily commercial businesses and other cities in the Beaumont metropolitan area that currently do not use
the City's landfill. Furthermore,local ordinances require that all residents living within the city limits of the City
use the City's landfill.
LEGAL MATTERS
Legal Opinions:
The City will furnish the Purchaser a transcript of certain certified proceedings had incident to the authorization
and issuance of the Bonds, including a certified copy of the approving opinion of the Attorney General of the
State of Texas as recorded in the Bond Register of the Comptroller of Public Accounts of the State of Texas,
to the effect that the Bonds are valid and binding obligations of the City under the Constitution and the laws of
the State of Texas. The City will also furnish the approving legal opinion of Orgain, Bell & Tucker, Bond
Counsel,to the effect that,based upon an examination of such transcript,the Bonds are valid and binding special
obligations of the City under the Constitution and laws of the State of Texas and to the effect that interest on
the Bonds is excludable from gross income for federal income tax purposes under existing law. See "Tax
Exemption" below. The legal opinion of Bond Counsel will further state that taxable property within the City
is subject to the levy of ad valorem taxes within the limits prescribed by law in order to pay the Bonds and
interest thereon.
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Bond Counsel has participated in the preparation of the Official Statement, but such firm has not undertaken
independently to verify any of the information contained therein, except that, in its capacity as Bond Counsel,
such firm has reviewed the information describing the Bonds in the Official Statement to verify that such
description conforms to the provisions of the Ordinance. No person is entitled to rely upon such firm's limited
participation as an assumption of responsibility for, or an expression of any kind with regard to, the accuracy or
completeness of any of the information contained herein. The legal fee to be paid Bond Counsel for services
rendered in connection with the issuance of the Bonds is contingent upon the sale and delivery of the Bonds.
The legal opinion will be printed in the definitive Bonds.
Tax Exemption:
In the opinion of Orgain, Bell & Tucker, Bond Counsel, (i) interest on the Bonds is excludable from gross
income for federal income tax purposes under existing law and (ii) the Bonds are not "private activity bonds"
under the Internal Revenue Code of 1986, as amended (the "Code"), and interest on the Bonds will not be
subject to the alternative minimum tax on individuals and corporations, except as described below in the
discussion regarding the book-income (current-earnings) item for corporations.
The Code imposes a number of requirements that must be satisfied for interest on state or local obligations,such
as the Bonds, to be excludable from gross income for federal income tax purposes. These requirements include
limitations on the use of Bonds proceeds and the source of repayment of Bonds, limitations on the investment
of Bonds proceeds prior to expenditure, a requirement that excess arbitrage earned on the investment of Bond
proceeds be paid periodically to the United States and a requirement that the City file an information report with
the Internal Revenue Service. The City has covenanted in the Ordinance that it will comply with these
requirements.
Bond Counsel's opinion will assume continuing compliance with the covenants of the Ordinance pertaining to
those sections of the Code which affect the exclusion from gross income of interest on the Bonds for federal
income tax purposes and,in addition,will rely on representations by the City with respect to matters solely within
the knowledge of the City,which Bond Counsel has not independently verified. If the City should fail to comply
with the covenants in the Ordinance or if the foregoing representations should be determined to be inaccurate
or incomplete, interest on the Bonds could become taxable from the date of delivery of the Bonds, regardless
of the date on which the event causing such taxability occurs.
The Code also imposes a 20% alternative minimum tax on the "alternative minimum taxable income" of a
corporation" (other than any S corporation, regulated investment company, REIT, or REMIC), if the amount
of such alternative minimum tax is greater than the amount of the corporation's regular income tax. The
"Superfund Revenue Act of 1986" also imposes an additional .12% "environmental tax" on the alternative
minimum taxable income of a corporation in excess of the $2,000,000. Generally, for taxable years beginning
in 1987, 1988 or 1989,a corporation's alternative minimum taxable income includes 50V of the amount by which
a corporation's"adjusted net book income"exceeds the corporation's alternative minimum taxable income." For
later taxable years, a corporation's alternative minimum taxable income will be based on its "adjusted current
earnings." Because interest on tax-exempt obligations,such as the Bonds,is included in a corporation's"adjusted
net book income" and "adjusted current earnings," ownership of the Bonds could subject a corporation to
alternative minimum tax consequences.
Except as stated above, Bond Counsel will express no opinion as to any federal, state or local tax consequences
resulting from the ownership of, receipt of interest on, or disposition of, the Bonds.
Under the Code, taxpayers are required to report on federal income tax returns the amount of tax-exempt
interest, such as interest on the Bonds, received or accrued during the year.
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- t
Prospective purchasers of the Bonds should be aware that the ownership of tax-exempt obligations may result
in collateral federal income tax consequences to financial institutions, life insurance and property and casualty
insurance companies, certain S corporations with Subchapter C earnings and profits, individual recipients of
Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred or continued
indebtedness to purchase or carry tax-exempt obligations. In addition, certain foreign corporations doing
business in the United States may be subject to the new "branch profits tax' on their effectively-connected
earnings and profits,including tax-exempt interest such as interest on the Bonds. These categories of prospective
purchasers should consult their own tax advisors as to the applicability of these consequences.
No-Litigation Certificate:
The City will furnish the Purchaser a certificate, dated as of the date of delivery of the Bonds, executed by both
the Mayor and City Clerk, to the effect that no litigation of any nature is then pending or threatened, either in
state or federal courts, contesting or attacking the Bonds; restraining or enjoining the issuance, execution, or
delivery of the Bonds;affecting the provisions made for the payment of or security for the Bonds;in any manner
questioning the authority or proceedings for the issuance, execution or delivery of the Bonds; or affecting the
validity of the Bonds.
GENERAL CONSIDERATIONS
Sources and Compilation of Information:
The information contained in this Official Statement has been obtained primarily from the City and from other
sources believed to be reliable. No representation is made as to the accuracy or completeness of the information
derived from sources other than the City. The summaries of the statutes, resolutions, and other related
documents are included herein subject to all the provisions of such documents. These summaries do not purport
to be complete statements of such provisions and reference is made to such documents for further information.
Rauscher Pierce Refsnes, Inc. was employed as Financial Advisor to perform certain professional services for
the City, including compiling of this Official Statement, for a fee to be computed on each separate issuance of
indebtedness, contingent upon such Bonds actually being issued, sold and delivered.
Certification as to Official Statement:
At the time of payment for and delivery of the Bonds, the Purchaser will be furnished a certificate executed by
an appropriate official of the City, acting in his official capacity, to the effect that to the best of his knowledge
and belief: (a) the descriptions and statements pertaining to the City contained in its Preliminary and final
Official Statements, on the respective dates of such statements, on the date of sale of the Bonds and the
acceptance of the bid therefor, and on the date of delivery of the Bonds did not do not contain an untrue
statement of a material fact or omit to state a material fact required to be stated therein or necessary to make
the statements therein, in the light of the circumstances under which they were made, not misleading; and (b)
as of the date of delivery of the Bonds, there have been no material adverse changes in the City's financial
condition and affairs since the date of the Preliminary and final Official Statements. Such Certificate shall not
cover any information contained in APPENDIX A to the Preliminary Official Statement and final Official
Statements relating to taxing jurisdictions other than the City,or stated to have been obtained from sources other
than City records or to information supplied to the City by the Purchaser for inclusion into the Preliminary and
final Official Statements. In rendering such certificate the person executing the certificate may state that he has
relied in part on his examination of the records of the City relating to matters within his own area of
responsibility,and his discussions with,or Bonds or correspondence signed by, certain other officials,employees,
consultants and representatives of the City as to matters not within his area of responsibility.
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Updating of Official Statement:
The City will keep the Official Statement current by amendment or sticker to reflect material changes in the
affairs of the City and, to the extent that information comes to its attention, to the other matters described in
the Official Statement, until the delivery of the Bonds to the Purchaser. All changes in the affairs of the City
and other matters described in the Official Statement subsequent to the delivery of the Bonds to the Purchaser
and all information with respect to the resale of the Bonds shall be responsibility of the Purchaser.
/s/ Evelyn M. Lord
Mayor
City of Beaumont, Texas
Attest:
/s/ Rosemarie Chiappeta
City Clerk
City of Beaumont, Texas
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r
APPENDIX A
- Economic and Demographic Characteristics -
The following information has been derived from various sources,including the Texas Almanac,Texas Municipal
Reports, Beaumont Chamber of Commerce, "1991 Sales& Marketing Management's Survey of Buying Power",
and municipal officials. While such sources are believed to be reliable, no representation is made as to the
accuracy thereof.
- General -
The City of Beaumont, the county seat of Jefferson County, is located ninety miles east of Houston and thirty-
five miles from the Gulf of Mexico on the banks of the Neches River. This area is a natural resource basin
producing oil,gas sulphur and salt;a healthy agricultural economy includes rice,soybeans,blueberries,crawfish,
wheat, corn, grain sorghum and livestock. The City is the center of one of the State's largest refining and
petrochemical complexes and ranks as one of the largest Texas ports in total ship tonnage handled. Other
industries include shipyards, lumber,pulp and paper mills, rice mills and food processing plants. Beaumont has
become a source of sophisticated medical instruments, offshore drilling rigs and precision industrial equipment.
- Banks -
Financing in the Beaumont area is available from a number of sources. Beaumont's financial community is
strongly behind economic development efforts and demonstrates flexibility and creativity in meeting corporate
needs for new facilities and business expansion. Banks represented in Beaumont are as follows: Bank One,First
City, Texas, First Interstate Bank, Lamar Bank, Nations Bank of Texas, Parkdale Bank, Community Bank and
Texas Commerce Bank.
- Port of Beaumont -
Beaumont's Neches River deep-water ship channel is maintained by the Corps of Engineers at a minimum depth
of 40 feet and width of 400 feet. The Port of Beaumont, at the foot of Main Street, handles containerized,bulk
and general cargo in its facilities. In 1991 the Port of Beaumont handled 2.35 million tons of cargo, creating an
economic impact of$142 million and 701 jobs.
The military annually uses the Port of Beaumont for its exercises. These exercises process over 16,000 tons of
cargo. Barge service on the Neches River links many industries in Beaumont with other coastal areas and inland
cities on navigable waterways. Five percent of 1991 cargo figures are directly related to Operation Desert Storm.
- Lamar University-
Lamar University is a major state-supported university located in Beaumont at the center of industrial Southeast
Texas. The University's assets to area industry include the faculty, the opportunity for continuing education, its
research centers, its computer center and its 843,407-volume library. The Lamar University System has 14,914
students located on three campuses in Beaumont, Orange, and Port Arthur. Over 11,970 of these students are
enrolled on the Beaumont campus.
Lamar University-Beaumont offers eight undergraduate (bachelor's) degrees in fifty-eight fields of study; ten
master's degrees in twenty-three fields, the Doctor of Engineering degree; associate degrees of Arts, Science,.
and Applied Sciences in thirty fields; and certificates of completion in several fields.
- Building Permits -
(Source: The City of Beaumont)
Year Number of Permits Value
1991 2,885 $ 63,825,236
1990 2,704 49,044,343
1989 2,215 62,591,132
1988 3,225 44,800,000
1987 4,726 65,300,000
1986 4,522 84,979,259
1985 4,947 80,230,877
1984 6,082 118,390,929
1983 5,639 166,745,039
1982 4,529 135,523,688
1981 4,208 97,381,921
1980 4,489 134,529,794
- Jefferson County Airport -
Jefferson County Airport is located on U.S. Highway 96, ten miles south of Beaumont. Numerous daily
connecting flights from Jefferson County Airport to Dallas-Fort Worth Airport are available on American Eagle
and Delta Atlantic Southeast Airlines(12 flights per day)and to Houston Intercontinental Airport on Continental
Express (8 flights per day). Conquest Airlines offers daily commuter flights to Austin and other Texas cities (5
flights per day). Jefferson County Airport Passenger Traffic since 1988 are listed below:
Year Passeneers
1988 184,553
1989 226,476
1990 263,693
1991 241,100
- Agriculture -
In 1991 approximately 34,000 acres of rice were planted in Jefferson County at an annual crop value of $12
million. The second largest crop is 5,000 to 6,000 acres of soybeans harvested at a value of$4.2 million. The
remaining major agribusiness in Jefferson County consists of 3,000-5,000 acres of wheat, 4,000-5,000 acres of
grain sorghum, 2,000-3,000 acres of corn,3,500-4,000 acres of crawfish plus an active livestock industry of 28,000
head of cattle. The overall financial benefit to the community in an average weather,year is $26.8 million.
- Utilities -
Beaumont is headquarters for Gulf States Utilities Company, which serves more than half a million customers
in a 28,000-square-mile area of Southeast Texas and South Louisiana. In 1991 Gulf States Utilities had a peak
load of 5,120 megawatts at seven fossil-fueled power plants serving the power needs of industry and homes along
the upper Texas and the Louisiana Gulf Coast. At the time of that peak, lead installation capacity and firm
power-purchased agreements totaled 7,548 megawatts.
Texas produces over 35% of the nation's natural gas. Eleven natural gas producing and transmitting companies
serve the Beaumont-Port Arthur-Orange triangle. Large industrial customers in the Beaumont area are served
by the transmission lines of these companies or by Entex.
The Lower Neches Valley Authority(LNVA),a non-profit,non-taxing agency,supplies billions of gallons of fresh
water annually to Beaumont area industrial plants at 5 1/4 cents per 1000 gallons and 8 1/4 cents per 1000
gallons based on volume. The Authority provides fresh water to municipalities, industries, farms and ranches
via a system of dams and canals in a five-county area. The LNVA presently has the capacity to pump and
distribute more than one billion gallons of water per day with peak demand being 500 million gallons per day.
- Major Employers -
The following is a listing of some of the companies located in the City, the City's industrial districts and the
surrounding area. Employment range and relevant products have been obtained from the Beaumont Chamber
of Commerce and the 1991 Directory of Texas Manufacturers.
Name Product Employment
Ameripol/Synpol Synthetic rubber 910
Baptist Hospital of Southeast TX Hospital 766
Beaumont Enterprise-Journal Newspapers 250-499
Brand Companies Construction 600
Casa Ole Restaurant chain 570
Chevron Chemical Petrochemical 450
Chevron USA Oil refinery 1,915
John Dollinger, Jr. Inc. Fabricators of structural and plate steel 100-249
DuPont Sabine River Works Petrochemical 2,200
E.I. DuPont deNemours & Feed supplement, synthetic rubber, hydro- 1,025
Company Inc. carbon rubber, ammonia, methanol
Exell Inc. Steel pressure vessels & shell-and-tube 100-249
heat exchangers
Fina Oil and Chemical Co. Oil refinery 525
Goodyear Tire & Rubber Co. Synthetic rubber & adhesives 550
Gulf Coast Machine & Supply Industrial forgings 100-249
Gulf States Utilities Co. Electric utility 2,500
Inland-Orange Paper mill 510
Mabry foundry, Inc. Ductile, iron & steel castings iron pipe, 100-249
valves & fittings
Marine & Industrial Electrical Switchboard panels for ships, electric motors 100-249
Service Company
Mobil Oil Corporation Petroleum refining 1,746
Mobil Chemical Company Ethylene, butadiene, propylene benzane, 250-499
totuene, urea
Modern Inc. Post hole diggers, agricultural machinery 100-249
North Star Steel Texas Steel mill 650
P.D. Glycol Glycols & oxides 100-249
Reward/Work Center Wiping clothes, wooden doghouses litter sticks 100-249
Temple Inland Paper mill 1,100
Texaco Chemical Petrochemical 1,160
Texas State Optical Prescription eyeglasses & contact lenses 250-499
Saint Elizabeth Hospital Hospital 1,870
Sandoz Crop Protection Corp. Herbicides 250-499
Star Enterprise Oil refinery 1,450
9 w
- City and County SMSA Statistics -
The following are various statistical analyses of the City, Jefferson County, and the Beaumont-Port Arthur
Standard Metropolitan Statistical Area extracted from"Sales&Marketing Management- 1991 Survey of Buying
Power'; Copyright - 1991 Sales & Marketing Management Survey of Buying Power: further reproduction is
forbidden.
Beaumont-
Port Arthur
The City Jefferson County SMSA
Population (12-31-90) 113,600 237,800 359,100
Median Age (years) 32.8 33.4 33.3
% 18-24 10.2 9.3 9.2
% 25-34 16.4 16.0 15.8
% 35-49 19.4 19.3 19.9
% 50-Over 27.0 27.0 27.3
Number of Households 43,100 89,900 133,500
Retail Sales (1990) ($1,000's)
Food $ 183,076 $ 350,274 $ 514,155
Eating and Drinking 114,020 174,410 216,383
General Merchandise 226,628 337,042 421,127
Furniture, Furnishings, Appliances 58,861 79,540 90,974
Automotive 270,491 452,886 597,057
Drugs 35,747 68,785 88,008
Total Retail Sales 1,194,195 1,948,976 2,578,487
Effective Buying Income (1990)
Total Effective Buying Income ("EBI) ($1,000's) $1,488,028 $3,169,134 $4,748,361
Median Household EBI 25,920 28,258 29,356
% Household EBI
$10,000 to $19,999 19.6 18.3 17.4
$20,000 - $34,999 22.8 23.5 23.9
$35,000 - $49,999 17.2 19.4 20.4
$50,000 and Over 19.4 19.6 20.1
- Growth Indicators -
(Source: Beaumont Chamber of Commerce)
1950 1960 1970 1980 1990
Bank Deposits $103,200,072 $158,309,066 $301,705,224 $932,814,787 NA.
Savings & Loan Deposits 5,446,690 51,398,527 128,527,595 561,229,967 NA.
Electric Meters 28,312 39,285 42,835 44,859 $ 53,310
Gas Meters 23,078 34,509 35,295 36,391 35,315
Water Meters (a) 20,883 32,357 37,975 41,423 44,844
Telephones 24,118 56,155 74,463 103,045 61,023
Population 94,014 119,175 117,548 118,102 114,323
(a) Provided by the City's Waterworks Department.
h aJ
APPENDIX B
Comprehensive Annual Financial Report
City of Beaumont, Texas
Fiscal Year Ended September 30, 1991