HomeMy WebLinkAboutORD 93-22 rvn
ORDIIYHLCL' NO.
ORDINANCE APPROVING NOTICE OF SALE
AND PRELIMINARY OFFICIAL STATEMENT
AND AUTHORIZING DISTRIBUTION THEREOF
WHEREAS, the City of Beaumont intends to sell approximately
$6 ,530, 000 of its City of Beaumont, Texas, Refunding Bonds., Series
1993 , the proceeds of which are to be used to refund certain
outstanding certificates of obligation;
WHEREAS, the sale of the bonds is scheduled for May 25, 1993;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT:
That the Official Notice of Sale and Preliminary Official
Statement dated May 11, 1993, 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 distribute the attached Official
Notice of Sale and Preliminary Official Statement dated May 11,
1993 .
PASSED AND APPROVED this 11th day of May, 1993 .
ayor
ATTEST:
't. 3
/1
City lerk,
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNTY OF JEFFERSON §
We, the undersigned officers of the City Council of the City
of Beaumont, Texas, hereby certify as follows :
1 . The City Council of the City of Beaumont, Texas, convened
in regular meeting on the 11th day of May, 1993, at the regular
meeting place thereof, within said City, and the roll was called of
the duly constituted officers and members of said City Council and
the City Clerk, to wit:
Evelyn M. Lord Mayor
Andrew P. Cokinos Councilman at Large
Brian R. Alter Councilman at Large
Dr. Lulu Smith Councilwoman, Ward 1 and
Mayor Pro Tem
Guy N. Goodson Councilman, Ward 2
Councilman, Ward 3
David W. Moore Councilman, Ward 4
Rosemarie Chiapetta City Clerk
and all of said persons were present, except the following
absentees: , thus
constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written
ORDINANCE APPROVING NOTICE OF SALE
AND PRELIMINARY OFFICIAL STATEMENT AND
AUTHORIZING DISTRIBUTION THEREOF
was duly introduced for the consideration of said City Council and
read in full. It was then duly moved and seconded that said
ordinance be adopted; and, after due discussion, said motion,
carrying with it the adoption of said ordinance, prevailed and
carried by the following vote:
AYES: All members of said City Council shown present above
voted "Aye" , except
NOES:
2 . That a true, full and correct copy of the aforesaid
ordinance adopted at the meeting described in the above and
foregoing paragraph is attached to and follows this certificate;
that said ordinance has been duly recorded in said City Council ' s
minutes of said meeting; that the above and foregoing paragraph is
a true, full and correct excerpt from said City Council ' s minutes
of said meeting pertaining to the adoption of said ordinance; that
the persons named in the above and foregoing paragraph are the duly
chosen, qualified and acting officers and members of said City
Council as indicated therein; that each of the officers and members
m
of said City Council was duly and sufficiently notified officially
and personally, in advance, of the date, hour, place and purpose of
the aforesaid meeting, and that said ordinance would be introduced
and considered for adoption at said meeting, and each of said
officers and members consented, in advance, to the holding of said
meeting for such purpose; that said meeting was open to the public
as required by law; and that public notice of the date, hour place
and subject of said meeting was given as required by Article 6252-
17, Vernon' s Annotated Texas Civil Statutes, as amended.
SIGNED AND SEALED this 11th day of May, 1993 .
City Clerk Mayor
(SEAL)
-2-
This Official Notice of Sale does L-- alone constitute an invitation for bids but is _..erely 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
$6,530,000*
CITY OF BEAUMONT
(Jefferson County, Texas)
REFUNDING BONDS
SERIES 1993
Selling Tuesday, May 25, 1993, at 1:30 P.M., C.D.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 approximately$6,530,000 Refunding Bonds, Series
1993 (the "Bonds").
PLACE AND TIME OF SALE: The financial advisor to the City, Rauscher Pierce Refsnes, Inc. ("Financial
Advisor")will receive sealed bids for the purchase of the Bonds at the office of the Financial Advisor, 1001 Fannin,
Suite 700,Houston,Texas 77002,until 11:00 A.M.,C.D.T.,Tuesday,May 25, 1993, 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.D.T. at the City Hall, 801 Main Street,
Beaumont, Texas 77001, 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 June 1, 1993 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, 1993, and semiannually on
March 1 and September 1 of each year thereafter until maturity. The Bonds are not subject to redemption prior
to their scheduled maturities. 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 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*
September 1, 1993 $110,000 September 1, 2000 $735,000
September 1, 1994 120,000 September 1, 2001 775,000
September 1, 1995 125,000 September 1, 2002 820,000
September 1, 1996 130,000 September 1, 2003 860,000
September 1, 1997 130,000 September 1, 2004 920,000
September 1, 1998 140,000 September 1, 2005 950,000
September 1, 1999 715,000
* Preliminary amount, subject to change.
E P
PAYING AGENT/REGISTRAR: The initial Paying Agent/Registrar shall be ,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 equal to the par value of the Bonds less the underwriters discount, less any Original Issue Discount
and plus accrued interest to the date of delivery of the Bonds. Bidders are invited to name the rate(s) of interest
and initial reoffering yield(s)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%. No original issue discount may exceed more than 1/4 of 1% 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: The City plans to distribute the savings created by this financing in approximately equal
amounts over the life of the Refunding Bonds. The Financial Advisor will analyze each bid and determine the gross
and present value savings generated by the rate(s), yield(s), underwriter's discount and fixed expenses related to
the financing. The bid which creates a maximum savings as determined by the Financial Advisor based upon the
above factors will be the successful bidder.
GOOD FAITH DEPOSIT: A Good Faith Deposit, payable to the "City of Beaumont" in the amount of
$130,000.00, 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 Underwriter'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 Underwriter who shall be named in such instructions. The Good Faith Deposit of the Underwriter 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 Underwriter 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 Underwriter 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 Underwriter.
ii
a
INITIAL DELIVERY OF INITIAL BONDS: Initial Delivery will be accomplished by the issuance of registered
Bonds payable to the Underwriter, 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 Underwriter 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 June 24, 1993, and it is understood and agreed that the Underwriter will
accept delivery and make payment for the Initial Bonds by 10:00 A.M., C.D.T. on June 24, 1993, or thereafter
on the date the Bonds are tendered for delivery, up to and including July 26, 1993. If for any reason the City is
unable to make delivery on or before July 26, 1993, then the City shall immediately contact the Underwriter and
offer to allow the Underwriter to extend its offer for an additional fifteen(15) days. If the Underwriter does not
elect to extend its offer within six (6) days thereafter, then his Good Faith Deposit will be returned, and both the
City and the Underwriter 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 Underwriter and/or
members of the Underwriter's syndicate account. It shall be the duty of the Underwriter and/or members of the
Underwriter'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 Underwriter to take up and pay for the Bonds is subject
to the Underwriter's receipt of(a) the legal opinion of Orgain, Bell & Tucker, L.L.P., 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 Underwriter 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
Underwriter 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 Underwriter'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 Underwriter 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,L.L.P.,Bond
Counsel (see Legal Opinions in Official Statement); the opinion of said firm will be printed on the Bonds.
iii
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 Underwriter 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 Underwriter
may withdraw its bid if the interest received by private holders on certificates of the same type and character shall
be declared to be taxable income under present federal income tax laws, either by ruling of the Internal Revenue
Service or by a decision of any Federal court, or shall be declared taxable or be required to be taken into account
m 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. Rauscher Pierce Refsnes, Inc. as
Financial Advisor will not 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
bond documentation with respect to the federal income tax status of the Bonds.
BLUE SKY LAWS: By submission of its bid,the Underwriter 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 Underwriter 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 Underwriter, at the Underwriter'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 expend its own funds or 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 City.
OFFICIAL STATEMENT
By accepting the winning bid, the City agrees to the following representations and covenants to assist the
Underwriter 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 Underwriter 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 Underwriter 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."
iv
DELIVERY OF OFFICIAL STATEMENTS: The City will furnish to the Underwriter (and to each other
participating underwriter of the Bonds,within the meaning of SEC Rule 15c2-12(a),designated by the Underwriter),
within seven days after the sale date, 100 Official Statements. The City will also furnish to the Underwriter 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 Underwriter may request prior to the 90th day after the end of the underwriting period referred
to in SEC Rule 15c2-12(e)(2). The City will pay the expense of preparing up to 100 copies of the Official
Statement and all copies of any supplement or amendment issued on or before the delivery date,but the Underwriter
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 Underwriter.
Evelyn M. Lord
Mayor
City of Beaumont, Texas
May 11, 1993
v
OFFICIAL BID FORM
May 11, 1993
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 May 11, 1993, which are
incorporated herein by reference, we hereby submit the following bid for the CITY OF BEAUMONT,
REFUNDING BONDS, SERIES 1993, dated June 1, 1993. This offer is being made for all said Bonds and for
not less than all.
Underwriter's Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . %(a)
Municipal Bond Insurance Provided by
at a premium of: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (b)
Maturity Date Principal Amount* Interest Rate Yield
September 1, 1993 $110,000 % %
September 1, 1994 120,000 % %
September 1, 1995 125,000 % %
September 1, 1996 130,000 % %
September 1, 1997 130,000 % %
September 1, 1998 140,000 % %
September 1, 1999 715,000 % %
September 1, 2000 735,000 % %
September 1, 2001 775,000 % %
September 1, 2002 820,000 % %
September 1, 2003 860,000 % %
September 1, 2004 920,000 % %
September 1, 2005 950,000 % %
The Initial Bonds shall be registered in the name of (syndicate manager).
We will advise ,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
$130,000 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, ,Texas, not later than 10:00 A.M., C.D.T., on June 24,
1993, or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms set forth in the Official
Notice of Sale.
* Preliminary Amount, Subject to change.
(a) Underwriter's Discount is expressed as a percent of the total par value of the Bonds.
(b) The City will pay the insurance premium and all rating fees related to the Bond Insurance.
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 25th day of May, 1993, 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)
PRELIMINAD"OFFICIAL STATEMENT DATED MAY " 1993
This Preliminary Official Statement is subject to completion and amendment. Upon the sale of the Bonds, this
Preliminary Official Statement will be completed and delivered to the Underwriter.
N N�
t THE DELIVERY OF THE BONDS IS SUBJECT TO THE OPINION OF BOND COUNSEL TO THE
N Y" EFFECT THAT UNDER EXISTING LAW AND ASSUMING COMPLIANCE WITH THE COVENANTS OF
a THE BOND ORDINANCE, INTEREST ON THE BONDS AND ACCRUED ORIGINAL ISSUE DISCOUNT IS
c v EXCLUDABLE FROM THE GROSS INCOME OF THE OWNERS THEREOF FOR FEDERAL INCOME TAX
l6 W=
N " PURPOSES AND IS NOT SUBJECT TO THE ALTERNATIVE MINIMUM TAX ON INDIVIDUALS O ,
C v EXCEPT AS DESCRIBED HEREIN, CORPORATIONS. SEE "TAX EXEMPTION" AND "TAX
ACCOUNTING TREATMENT OF ORIGINAL ISSUE DISCOUNT BONDS" HEREIN.
O L O
Y NEW ISSUE $6,530,000*
M CITY OF BEAUMONT
y (Jefferson County, Texas)
0 6 REFUNDING BONDS, SERIES 1993
,�c The City will designate the Bonds as "Qualified Tax-Exempt Obligations" for financial institutions.
41
g 0 Dated: June 1, 1993
cv o Interest on the Bonds maturing in the years 1993 through 2005,both inclusive(the "Bonds")will accrue from
o
' 0 June 1, 1993, and will be payable March 1 and September 1 of each year, commencing September 1, 1993. e
d W Y Bonds are referred to herein as the "Bonds" or the "Series 1993 Refunding Bonds". Principal of the Bonds is
payable at the principal corporate trust office of ,Houston, Texas,
U 012
v a the paying agent/registrar (the "Registrar"), upon surrender of the Bonds for payment. Interest on the Bonds is
„.Q-� payable by check dated as of the interest payment date, and mailed by the Registrar to registered owners as shown
W on the records of the Registrar on the close of business as of the 15th day of the calendar month next preceding each
y ° interest payment date(the"Record Date"). The Bonds will be issued only in fully registered form,in denominations
.2 of$5,000 of principal amount or any integral multiple thereof. The Bonds are not subject to redemption prior to
their scheduled maturities.
� o
H PRINCIPAL AMOUNTS, MATURITIES, INTEREST RATES AND PRICES
N Initial Initial
41 C_ ° Principal Interest Offering Principal Interest Offering
o ° o Amount* Maturity Rate Yield a Amount* Maturity Rate Yield(a)
u_•Y
C 4V cc
N� S 110,000 9/01/93 % % $ 735,000 9/01/00 % %
2 775,000- 120,000 9/01194 775,000 9/01/01
`o `0 6 125,000 9/01195 820,000 9/01/02
w 130,000 9 /01/96 860,000 9101/03
0 `w 130,000 9/01/97 920,000 9/01/04
t m w 140,000 9/01/98 950,000 9/01/05
'J c t 715,000 9/01/99
's'^ U
C u (a) The initial yields and prices are established by, and are the sole responsibility of the Underwriter (hereinafter defined) and may
1Y.8= subsequently be changed.
0 C
H„ r The proceeds of the Bonds will be applied to refund certain outstanding bonds of the City of Beaumont,Texas
W ` ° (the "City"), and to pay certain costs incurred in connection with the issuance of the Bonds(See "THE BONDS -
Sources and Uses of Funds").The Bonds,when issued,will constitute valid and binding obligations of the City and
c H N'Y 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.
cu T•,
The Bonds are offered when, as and if issued by the City and accepted by the Underwriter, subject to the
a L 3 approval of the Attorney General of Texas and the approval of certain legal matters by Orgain, Bell &Tucker,
L.L.P.,Beaumont,Texas, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by Vinson
�. &Elkins L.L.P., Houston, Texas. See "LEGAL MATTERS." Delivery of the Bonds is anticipated to be on or
v 3 about June 24, 1993.
� d m
a N�
* Preliminary amount, subject to change.
TABLE OF CONTENTS
- Page
USE OF INFORMATION IN OFFICIAL STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SALE AND DISTRIBUTION OF THE BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Underwriting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Pricesand Marketability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SecuritiesLaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Municipal Bond Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Municipal Bond Ratings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
OFFICIAL STATEMENT SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SELECTED FINANCIAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
THEBONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Optional Redemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Sourceof Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Authorization of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
EscrowAgreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
The Refunded Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Registered Owners' Remedies and Effects of Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
LEGAL INVESTMENT AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS . . . . . . . . . . . 9
PRO-FORMA DEBT SERVICE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
DEBT STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Bonded Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Revenue Support of Ad Valorem Tax Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Estimated Overlapping Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Debt Ratios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Short Term Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
TAXDATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Authority for Ad Valorem Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Historical Analysis of Ad Valorem Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Estimated Overlapping Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
SalesTax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Industrial District Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Tax Increment Reinvestment Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SELECTED FINANCIAL DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Historical Operations of the City's General Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
General Fund and Debt Service Fund Balance for the Past Six Fiscal Years . . . . . . . . . . . . . . . 20
Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ADMINISTRATION OF THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Mayor and City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
LEGISLATION AND REGULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Affecting the City's Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Affectingthe Tax Base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
StateLegislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
OTHER CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Future Bond Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
OtherFinancing Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Pension Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Collective Bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Risk Management/Self Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Landfill Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Potential Gulf States Utilities/Entergy Merger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
LEGAL MATTERS . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Legal Opinions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Tax Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Tax Accounting Treatment of Original Issue Discount Bonds . . . . . . . . . . . . . . . . . . . . . . . . 29
No-Litigation Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
QUALIFIED TAX-EXEMPT OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
VERIFICATION OF ACCURACY OF MATHEMATICAL COMPUTATION 30
GENERAL CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Sources and Compilation of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Certification as to Official Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Updating of Official Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
APPENDIX A - ECONOMIC AND DEMOGRAPHIC CHARACTERISTICS
APPENDIX B -AUDITED 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 or the Underwriter 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 or
the Underwriter.
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.
SALE AND DISTRIBUTION OF THE BONDS
Underwriting
(referred to herein as the
"Underwriter")have agreed to purchase the Bonds from the City for$ ,plus accrued interest on the
Bonds to the date of delivery.
Prices and Marketability
The delivery of the Bonds is conditioned upon the receipt by the City of a certificate executed and delivered
by the Underwriter 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 Underwriter
at the yields specified on the cover page. Information concerning reoffering yields or prices is the responsibility of
the Underwriter. No assurance can be given that any trading market can be developed for the Bonds after the initial
sale by the City.
The prices and other terms respecting the offering and sale of the Bonds may be changed from time to time
by the Underwriter 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 UNDERWRITER 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.
Securities Laws
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document as
the same may be supplemented or corrected by the City from time-to-time, may be treated as an OFFICIAL
STATEMENT with respect to the Bonds described herein "deemed final" by the City as of the date hereof(or of
any such supplement or correction) except for the omission of certain information referred to in the succeeding
sentence. This document,when further supplemented by adding information specifying the interest rates and certain
other information relating to the Bonds, shall constitute a "FINAL OFFICIAL STATEMENT" of the City with
respect to the Bonds, as such term is defined in Rule 15c2-12.
3
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 laws of any other jurisdiction.The City
assumes no responsibility for registration or qualification of the Bonds under the securities laws of any other
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 other jurisdictions.
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.
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.
4
OFFICIAL STATEMENT SUMMARY
The following material is a summary of certain information contained herein and is qualified in its entirety by
the detailed information and financial statements appearing elsewhere in this Official Statement. The reader should
refer particularly to sections that are indicated for more complete information.
GENERAL
The Issuer . . . . . . . . . . . . . . . . . . . . . . . The City of Beaumont is a home rule city of the State of
Texas located within Jefferson County, Texas.
The Bonds . . . . . . . . . . . . . . . . . . . . . . $6,530,000*Refunding Bonds,Series 1993,are dated June 1,
1993, and mature September 1, 1993 through September 1,
2005. See "THE BONDS - General."
Payment of Interest . . . . . . . . . . . . . . . . . Interest on the Bonds accrues from June 1, 1993, and is
payable September 1, 1993, and on each September 1 and
March 1 thereafter until maturity.
Other Characteristics . . . . . . . . . . . . . . . . The Bonds are issued in fully registered form. The Bonds will
be issued in denominations of$5,000 of principal amount or
integral multiples thereof. The Bonds are not subject to
redemption prior to their scheduled maturities.
Source of Payment . . . . . . . . . . . . . . . . . Principal of and interest on the Bonds are payable from the
proceeds of a continuing,direct annual ad valorem tax, levied
within the limits prescribed by law against taxable property
located within the City. See "THE BONDS - Source of
Payment."
Use of Proceeds . . . . . . . . . . . . . . . . . . . Proceeds of the Bonds will be applied to advance refund
$1,165,000 Certificates of Obligation, Series 1985 and
$4,110,000 Combination Tax and Revenue Refunding Bonds,
Series 1985-A collectively (the "Refunded Bonds"). In
addition,the proceeds will be used to pay the costs of issuance
of the Bonds. See "THE BONDS - Sources and Uses of
Funds."
Ratings . . . . . . . . . . . . . . . . . . . . . . . . Moody's Investors Service,Inc...............................« «
Standard&Poor's Corporation................................ «
Qualified Tax-Exempt Obligations . . . . . . . . The City will designate the Bonds as Qualified Tax-Exempt
Obligations for Financial Institutions. See "QUALIFIED
TAX-EXEMPT OBLIGATIONS" herein.
Payment Record . . . . . . . . . . . . . . . . . . . The City has never defaulted on the timely payment of
principal of and interest on its bonds.
* Preliminary amount, subject to change.
5
SELECTED FINANCIAL INFORMATION
(Unaudited)
1992 Certified Assessed Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,986,049,120(a)
(100% of market value as of January 1, 1992)
See "TAX DATA" and "TAXING PROCEDURES."
Direct Debt:
Outstanding Ad Valorem Tax Debt(as of April 1, 1993) $ 77,551,09l(b)
The Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,530,000(c)
Total Direct Ad Valorem Tax Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,081,091
Less: Self-Supported Debt(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,911,400
Total Direct Ad Valorem Tax Supported Debt . . . . . . . . . . . . . . . . . . . . . . . $ 68,169,691
Estimated Overlapping Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,198,642
Direct Ad Valorem Tax Supported and Estimated Overlapping Debt . . . . . . . . . . . $ 90,368,333
Interest& Sinking Fund Balance (as of April 1, 1993) . . . . . . . . . . . . . . . . . . . 1-1&14.976
Ratio of Direct Ad Valorem
Tax Debt to................: 1992 Certified Assessed Valuation($2,986,049,120) 2.82%
1992 Estimated Population(114,323) . . . . . . . . $ 735
Ratio of Direct Ad Valorem Tax
Supported Debt to........: 1992 Certified Assessed Valuation($2,986,049,120) 2.28%
1992 Estimated Population(114,323) . . . . . . . . $ 596
Ratio of Direct Ad Valorem Tax
Supported and Estimated
Overlapping Debt to.....: 1992 Certified Assessed Valuation($2,986,049,120) 3.03%
1992 Estimated Population(114,323) . . . . . . . . $ 790
(a) Certified by the Jefferson County Appraisal District.
(b) Excludes the refunded bonds.
(c) Preliminary amount, subject to change.
(d) See "DEBT STATEMENT -Revenue Support of Ad Valorem Tax Debt."
6
THE BONDS
General
The following is a description of some of the terms and conditions of the Bonds,which description is qualified
in its entirety by the form of the Bonds contained in the ordinance of the City Council of the City authorizing the
issuance of the Bonds(the "Bond Ordinance"). A copy of the Bond Ordinance may be obtained upon request to
the City.
The Bonds are dated June 1, 1993, will mature on September 1, 1993 and thereafter in the years and in the
principal or maturity amounts indicated on the first page hereof. The interest rates for the Bonds are also shown
on the first page hereof. Principal of the Bonds will be payable at the principal corporate trust office of
,Houston,Texas, the paying agent/registrar(the "Registrar"), upon
surrender of the Bonds for payment. Interest on the Bonds accrues from June 1, 1993 (or the most recent interest
payment date to which interest has been paid or duly provided for) and is payable each September 1 and March 1
thereafter until maturity. Interest on the Bonds is payable by check, dated as of the interest payment date, and
mailed by the Registrar to registered owners as shown on the records of the Registrar as of the close of business
on the 15th day of the calendar month next preceding each interest payment date(the "Record Date"). The Bonds
are issued only in fully registered form. The Bonds will be issued in denominations of$5,000 principal amount,
or integral multiples thereof.
The Bonds are transferable only on the bond register kept by the Registrar upon surrender and reissuance. The
Bonds are exchangeable for an equal principal amount or maturity 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.
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 hold them harmless. The City or the Registrar may require payment of taxes,
governmental charges and other expenses in connection with any such replacement.
Optional Redemption
The City does not reserve the right to redeem the Bonds prior to their scheduled maturities.
Source of Payment
The Bonds are payable from the proceeds of a continuing,direct annual ad valorem tax,levied within the limits
prescribed by law, against taxable property located within the City. In the Bond Ordinance, the City covenants to
levy a tax sufficient to pay the principal of and interest on the Bonds, with full allowance being made for
delinquencies and costs of collection. Collected taxes will be placed in the Debt Service Fund and used to pay
principal of and interest on the Bonds.
Authorization of Bonds
The Bonds are issued pursuant to the authority of the Bond Ordinance to be adopted by the City Council on
the date of sale and Article 717k, Vernon's Annotated Texas Civil Statutes, as amended.
7
Escrow Agreement
The City will enter into an escrow agreement(the"Escrow Agreement")with Texas Commerce Bank,National
Association, Houston, Texas, pursuant to which a portion of the proceeds of the Bonds will be invested in certain
securities of the United States of America(the "Escrowed Obligations"),deposited in an escrow fund, and applied
to provide for scheduled payments of principal of and interest on the Refunded Bonds until their maturity or prior
redemption.
By the deposit of the Escrowed Obligations and cash with the Escrow Agent pursuant to the Escrow
Agreement, the City will have defeased the Refunded Bonds. In the opinion of Bond Counsel, as a result of such
deposit, firm banking and financial arrangements will have been made for the discharge and final payment of the
Refunded Bonds pursuant to the Escrow Agreement, and such Refunded Bonds will be deemed to be fully paid and
no longer outstanding, except for the purpose of being paid from the funds provided therefor in such Escrow
Agreement.
The Refunded Bonds
The table below is a description of the bonds to be refunded of the following series(collectively the"Refunded
Bonds"):
Principal Maturity Call
Series Amount Date Date/Price
1985 $1,165,000 09/01/99-2005 09/01/98® 100
1985-A $4,110,000 09/01/99-2005 09/01/98 100
Sources and Uses of Funds
The proceeds from the sale of the Bonds will be applied as follows:
SOURCES OF FUNDS:
Principal Amount of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Original Issue Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total Sources of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
USES OF FUNDS:
Purchase of Escrowed
Obligations for Escrow Fund . . . . . . . . . . . . . . . . . . . . . . . . . $
Escrow Starting Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses:
Underwriter Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Bond Insurance Premium . . . . . . . . . . . . . . . . . . . . . . . . . .
Other Issuance Expenses . . . . . . . . . . . . . . . . . . . . . . . . .
Total Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Registered Owners' Remedies and Effects of Bankruptcy
Texas law provides that if the City defaults in the payment of the principal of or interest on any of the Bonds
when due, fails to make payments required by the Bond Ordinance into the Debt Service Fund or defaults in the
observance or performance of any of the covenants, conditions,or obligations set forth in the Bond Ordinance,any
registered owner shall be entitled at any time to seek a writ of mandamus from a court of competent jurisdiction
compelling and requiring the City Council to observe and perform any covenant,obligation or condition prescribed
by the Bond Ordinance. Such right is in addition to other rights the registered owners of the Bonds may be
provided by the laws of the State of Texas.
The Bond Ordinance does not specifically provide for remedies to a registered owner in the event of a City
default, nor does it provide for the appointment of a trustee to protect and enforce the interests of the registered
owners. There is no provision for acceleration of maturity of the Bonds in the event of default and, consequently,
the remedy of mandamus may have to be relied upon from year to year. Although the registered owners could
obtain a judgment against the City, such a judgment could not be enforced by direct levy and execution against the
City's property. Further, the registered owners cannot themselves foreclose on property within the City or sell
property within the City in order to pay the principal of and interest on the Bonds. The enforceability of the rights
and remedies of the registered owners may be further limited by laws relating to bankruptcy,reorganization or other
similar laws of general application affecting the rights of creditors of political subdivisions, such as the City, and
by general principles of equity which permit the exercise of judicial discretion.
LEGAL INVESTMENT AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS
Texas law provides that 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. Texas law also provides that the Bonds are eligible to secure deposits of any
public funds of the state or any political subdivision or public agency of the state, and are lawful and sufficient
security for the deposits to the extent of their market value so long as they are rated at least "A" or the equivalent
by a nationally recognized rating agency.
The City has made no investigation of other laws, rules, regulations,or investment criteria which might apply
to any such institutions or entities or which might limit the suitability of the Bonds for any of the foregoing purposes
or limit the authority of such institutions or entities to purchase or invest in the Bonds for such purposes. The City
has made no review of laws in other states to determine whether the Bonds are legal investments for various
institutions in those states.
9
PRO-FORMA DEBT SERVICE SCHEDULE
The following sets forth the principal and interest on the City's outstanding bonds, certificates of obligation and
estimated principal and interest on the Bonds.
Less: Debt
Fiscal Year Outstanding Service On Total New Self Supported
Ending Ad Valorem Refunded The Bonds Ad Valorem Ad Valorem
9-30 Tax Debt Bonds Principal(a) Interest Tax Debt Tax Debt(c)
1993 $10,741,907 $ 229,800 $ 110,000 $ 73,816 $ 10,695,923 $ 2,872,409
1994 10,198,429 459,600 120,000 292,790 10,151,619 2,348,392
1995 10,200,940 459,600 125,000 289,790 10,156,130 2,344,591
1996 11,220,806 459,600 130,000 286,165 11,177,371 2,365,196
1997 11,220,597 459,600 130,000 281,875 11,172,872 2,357,196
1998 10,957,509 459,600 140,000 277,000 10,914,909 2,099,206
1999 10,515,449 1,029,600 715,000 271,400 10,472,249 1,666,028
2000 10,528,821 1,019,200 735,000 242,085 10,486,706 1,661,132
2001 9,771,963 1,029,775 775,000 210,480 9,727,668 920,044
2002 9,767,706 1,039,550 820,000 175,605 9,723,761 929,497
2003 9,779,407 1,039,563 860,000 137,065 9,736,909 930,860
2004 9,786,888 1,058,913 920,000 94,925 9,742,900 947,534
2005 9,807,888 1,045,413 950,000 48,925 9,761,400 932,596
2006 1,927,875 1,927,875
2007 1,831,500 1,831,500
2008 1,735,313 1,735,313
2009 1,640,625 1,640,625
2010 1,546,875 1,546,875
Total $143,180,498 $9,789,814 $6,530,000 $2,681,921 $142,602,605 $22,374,681
Average Annual Debt Service Requirements (1993/2010) . . . . . . . . . . . . . . . . . . . . $ 7,922,367
Maximum Annual Debt Service Requirement (1996) . . . . . . . . . . . . . . . . . . . . . . . $11,177,371
(a) Preliminary amount, subject to change.
(b) Interest estimated at various rates per maturity.
(c) Included in Total New Ad Valorem Tax Debt.
10
e Y
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
1992 Certified Assessed Valuation
(100% Estimated Market Value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,986,049,120(a)
Direct Ad Valorem Tax Debt
Outstanding Debt(as of April 1, 1993) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,551,091(b)
The Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,530.000(c)
Total Direct Ad Valorem Tax Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,081,091
Less: Self Supported Debt(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.911.400
Total Direct Ad Valorem Tax Supported Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,169,691
Interest& Sinking Fund Balance (as of April 1, 1993) . . . . . . . . . . . . . . . . . . . . . $ 7,014,976
(a) Certified by the Jefferson County Appraisal District.
(b) Excludes the Refunded Bonds.
(c) Preliminary amount, subject to change.
(d) See "DEBT STATEMENT-Revenue Support of Ad Valorem Tax Debt."
Revenue Support of Ad Valorem Tax Debt
Certain tax supported bonds and certificates of obligation are being paid from revenues other than ad valorem
taxes. Including$6,096,400 of the Bonds the City has $15,911,400 of such bonds and certificates of obligation
which are presently outstanding. The following is a schedule of funds so transferred in 1987 through 1992. 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.
1992 1991 1990 1989 1988 1987
Transfer from other funds to
Debt Service Fund $ 746,775 $ 412,038 $ 66,100 $ 67,660 $ 69,260 $ 66,953
Debt Service paid from
other Enterprise Funds $2,183,398 $2,063,748 $2,072,120 $2,078,601 $1,734,676$1,656,247
11
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 4-1-93 Percent Amount
Beaumont Independent School District $ 2,215,011 61.87 $ 1,370,427
Jefferson County 24,350,000 28.29 6,888,615
Jefferson County Drainage District No. 6 8,500,000 71.68 6,092,800
Port of Beaumont Navigation District 12,000,000 65.39 7,846.800
TOTAL ESTIMATED OVERLAPPING DEBT $22,198,642
The City 68,169,691(a)
TOTAL DIRECT AND ESTIMATED OVERLAPPING DEBT $90,368,333
(a) Direct Ad Valorem Tax Supported Debt.
Debt Ratios
Direct Direct Tax
Ad Valorem Supported and
Ad Valorem Tax Supported Overlapping
Tax Debt Debt Debt
1992 Certified Assessed Valuation($2,986,049,120) . . . . . . 2.82% 2.28% 3.03%
Per Capita (114,323) . . . . . . . . . . . . . . . . . . . . . . . . . $ 735 $ 596 $ 790
Short Term Debt
Under Article VII of the City Charter, the City is empowered to issue Tax Anticipation Notes. As of April
1, 1993, 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.
12
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 1992 tax roll approximate$154,036,060.
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 1992 tax roll approximate$19,202,870.
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 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.
13
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 many
facts, including, but not limited to the condition of the property, 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 property 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.
14
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 Levy 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 17,053,078 97.11 99.45 1992
1992 2,986,049,120 .62 18,513,505 (b) (b) 1993
(a) Levy reduced due to election of additional 1/2 cent sales tax.
(b) In process of collection.
-Tax Rate Distribution-
1992 1991 1990 1989 1988 1987 1986
General Fund $0.35 $0.35 $0.31 $0.31068 $0.2922 $0.43050 $0.4462
Interest&
Sinking Fund .27 .24 .21 0.22080 0.2200 0.23143 0.2254
Liability Insurance
Trust Fund -0- -0- -0- -0- 0.0192 0.01940 0.0184
Capital Project Fund =0- =0- 0.02 0.00852 0.0086 0.00867 -0-
Total JQ.62 Jk.59 0.54 0.54000 0.5400 0.69000 0.6900
- Tax Base Distribution-
Type of Property 1992 Tax Roll % 1991 Tax Roll % 1990 Tax Roll %
Residential $1,649,234,630 52.05 $1,552,153,560 50.64 $1,491,447,840 50.43
Commercial 1,005,201,670 31.72 973,006,050 31.75 940,729,720 31.78
Industrial 176,478,550 5.57 198,281,870 6.47 182,854,810 6.18
Utilities 203,190,060 6.41 200,910,690 6.56 203,879,290 6.89
Vacant Lots/Tracts/Acreage 126,416,910 3.99 128,549,740 4.19 129,366,030 4.37
Minerals 5,647,300 .18 9,281,980 .30 6,475,870 .22
Other Personal 2,546,210 .08 2.784.200 .09 3,973,270 .13
Gross Assessed Value $3,168,715,330 $3,064,968,090 $2,958,226,830
Less: Exemptions 182,666.210 _ 170,665,190 167,526,770
Net Assessed Value $2,986,049,120 $2,890,352,140 $2,790,700.060
15
- Principal Taxpayers -
1992 1991 1990
Taxpayer TYpe of Property Tax Roll Tax Roll Tax Roll
Gulf States Utilities Co. Electric Utility $94,776,050 $95,235,380 $93,587,500
Southwestern Bell Telephone Co. Telephone Utility 70,683,510 70,045,650 74,800,860
Chevron USA Inc. Chemical Properties 35,037,800 55,855,900 53,617,230
Amoco Oil Company Chemical Properties 34,446,320 36,998,450 35,447,360
Parkdale Mall Shopping Center 28,492,250 28,516,940 28,521,690
Betz Laboratories Chemical Properties 22,428,520 22,723,340 22,920,740
Phelan A. M. &Harry Phelan Real Properties 16,948,880 (a) (a)
First City, Texas - Beaumont Bank 10,791,470 11,798,710 (a)
Wal-Mart Stores Inc. Wholesale Outlet 10,502,960 (a) (a)
Mobil Oil Corp. Chemical Properties 10,221,550 (a) (a)
E.I. Dupont De Nemours Chemical Properties (a) 13,038,320 (a)
Quantum Chemical Corp. Chemical Properties (a) 10,248,600 (a)
Nations Bank -Beaumont Bank/Office Complex (a) 9,574,710 10,491,150
Beaumont Coca-Cola Co. Distribution Facility (a) (a) 11,527,400
Holidome, John Q. Hammonds Hotel-Motel (a) (a) 9,340,780
Entex Inc. Gas Utility (a) (a) 9.328,770
Total Top Ten Taxpayers Assessed Valuation $334,311.810 $354,036,000 $349,583,480
% of Assessed Valuation to Respective Tax Roll 11.20% 12.25% 12.53%
(a) Not a principal taxpayer in that tax year.
-Tax Adequacy -
Average Annual Debt Service Requirements (1993/2005)(a) . . . . . . . . . . . . . . . . . . . . . . $8,580,441
Tax Rate of$0.303 per $100 assessed valuation against
the 1992 Assessed Valuation, at 95% collection,produces . . . . . . . . . . . . . . . . . . . . . . $8,595,342
Average Annual Debt Service Requirements (1993/2010) . . . . . . . . . . . . . . . . . . . . . . . . $ 7,922,367
Tax Rate of$0.280 per $100 assessed valuation against
the 1992 Assessed Valuation, at 95% collection, produces . . . . . . . . . . . . . . . . . . . . . . $ 7,942,891
Maximum Annual Debt Service Requirements (in the year 1996) . . . . . . . . . . . . . . . . . . . $11,177,371
Tax Rate of$0.395 per $100 assessed valuation against
the 1992 Assessed Valuation, at 95% collection, produces . . . . . . . . . . . . . . . . . . . . . . $11,205,149
(a) Less Self Supported Ad Valorem Tax Debt Service.
16
i p
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.
1992 Tax Estimated
Taxing Jurisdictions Rate/ 100 1992 Tax Bill
The City $0.6200 $372.00
Beaumont Independent School District .4560 273.60
Jefferson County Central Education District .8953 537.18
Jefferson County .3230 193.80
Jefferson County Drainage District No. 6 .1689 101.34
Port of Beaumont Navigation District .0776 46.56
Estimated Total 1992 Tax Bill JL524.48
Sales Tax
- Authority-
The City has adopted the provisions of Section 321.001 e"s . of the Texas Tax Code, 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.
17
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. In fiscal year 1993,
sales tax revenues are below the amount budgeted by the City. The amount of the decline is 1.7% or approximately
$350,000. 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 Levy
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
1992 20,391,037 (a) (1991) .682 109.95
(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. In fiscal year 1993,revenues from the Industrial District Contracts
are below the amount budgeted by the City by 6.3% or approximately $500,000. This decline is principally
attributable to automatic payment reduction clauses contained in one of the Industrial District 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 1992 1991 1990 1989 1988
Mobil Oil Corporation . . . . . . . . . . . . $5,396,197 $4,872,478 $4,552,089 $4,255,480 $4,218,767
Texas Gulf Sulphur Co. . . . . . . . . . . . 18,561 -0- 11,369 25,792 107,130
Occidental Petroleum . . . . . . . . . . . . . 526,577 443,824 438,234 362,814 362,448
Bethlehem Steel Corp. . . . . . . . . . . . . -0- -0- -0- 11,943 38,403
E. I. duPont de Nemours&Co. . . . . . . 1,191,746 1,263,168 1,312,362 1,264,002 1,292,015
Gulf States Utilities Co. . . . . . . . . . . . 63,390 60,074 64,949 65,904 67,644
Goodyear Tire&Rubber Co. . . . . . . . . 519,400 396,460 398,746 402,654 382,099
Olin Corp. . . . . . . . . . . . . . . . . . . . 49,468 45,245 44,263 43,260 42,909
Atochem North America, Inc.. . . . . . . . 104,034 100,064 105,516 100,113 99,283
Texas Eastern Transmission Corp. . . . . . 15.950 14.900 15.264 20.283 17.490
Total 7 885 323 7 196 213 6 942 792 6 552 245 6 628 188
18
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 Levy
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
1992 7,885,323 (1991) .264 42.52
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.
19
a e
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 1991(a) 1990 1989 1988 1987
REVENUES
Property Taxes $10,200,928 $ 9,131,119 $ 8,797,516 $ 8,436,783 $11,998,362 $12,705,420
Gross Receipts Tax 8,639,799 8,440,117 7,929,209 7,653,649 7,434,738 4,090,777
Sales and Use Tax 20,391,037 18,415,116 17,405,117 15,928,261 12,972,384 9,442,775
Industrial Payments 7,885,323 7,196,213 6,942,792 6,552;244 6,628,188 9,265,699
Licenses and Permits 498,589 488,166 430,602 436,619 399,632 405,410
Charges for Services 1,242,337 1,118,261 1,121,040 1,143,263 1,048,169 1,016,504
Fines&Forfeits 1,349,857 1,322,622 1,272,498 1,516,721 995,418 1,112,554
Recreational Activities 751,217 735,435 687,585 182,069 214,757 83,272
Intergovernmental 625,141 643,186 28,652 31,828 23,709 11,694
Interest 195,686 157,954 268,762 363,970 292,631 409,358
Miscellaneous 1,444,861 519,687 367,726 603,725 1.046.494 407,397
Total Revenues 53 224 775 48 167 876 45 251 499 42 849 132 43 054 482 38 950 860
EXPENDITURES
General Government
Executive $ 1,875,759 $ 1,795,562 $ 1,720,435 $ 1,906,190 $ 1,737,318 $ 1,687,440
Central Services 2,505,098 2,009,466 897,653 417,334 447,409 1,753,849
Administrative
Services 2,231,620 2,467,278 3,343,501 3,603,615 3,729,193 3,809,939
Police 14,443,078 13,256,264 12,580,758 11,618,980 10,831,405 10,384,132
Fire 10,723,554 9,913,928 9,595,236 9,074,969 8,446,255 8,081,455
Public Safety 2,669,770 2,456,467 2,304,950 2,256,219 2,050,684 787,139
Health 1,716,061 1,669,768 1,100,838 933,733 904,115 1,695,726
Public Works 8,844,037 8,359,432 8,025,451 7,862,295 7,518,648 8,750,134
Community Services 4,201,474 4,032,493 4,222,470 3,386,420 3,252,650 1,546,265
Non-Departmental 1,151,743 775.435 1,240.423 392.013 890,568 -0-
Total $50,362,194 $46,736,093 45 031 715 41 451 768 $39,808,245 $38,496,079
(a) Restated due to change in accounting entity.
General Fund and Debt Service Fund Balance for the Past Six Fiscal Years
Fiscal Year Ended September 30
1992 1991 1990 1989 1988 1987
General Fund $4,465,868 $4,601,339 $3,977,198 $4,007,476 $6,502,242 $5,854,542
Debt Service Fund $3,423,739 $3,525,115 $3,440,490 $2,332,176 $2,431,929 $1,999,494
20
Financial Statements
A copy of the City's Financial Statements for the fiscal year ended September 30, 1992, 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 Expires Occupation
Evelyn M. Lord Mayor May 1994 Attorney at Law
Brian R. Alter Mayor Pro Tem May 1994 Vice President/Gem
At Large Distributing Company
Lulu L. Smith, M.D. Councilwoman May 1995 Physician/StatCare
Ward 1
Guy N. Goodson Councilman May 1995 Attorney at Law,
Ward 2 Bernsen, Jamail &
Goodson, L.L.P.
John K. Davis Councilman May 1995 Business Owner
Ward 3
David W. Moore Councilman May 1995 Marketing Executive/
Ward 4 Xerox Corporation
Andrew P. Cokinos Councilman May 1994 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;
21
� d
(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(196 1)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.
Finance Officer - Sara S. Culbreth - Ms. Culbreth received her BBA in Accounting from Stephen F. Austin
State University (1983). She is licensed as a Certified Public Accountant (1985) by the State of Texas. Ms.
Culbreth has been partner of a public accounting firm in East Texas (1983-1990), served as Finance Director for
the City of Jasper,Texas(1990-1991),served as Deputy Director of General Accounting for the Controller's Office,
City of Houston, Texas (1991-1992)and was appointed Finance Officer for the City in April 1992.
Treasurer - Kandy Daniel - Ms. Daniel is a graduate of Lamar University (1980). She has a degree in
Accounting with twelve 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 is President of the Government Treasurers Organization of Texas.
City Attomev - 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
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, L.L.P.
Beaumont, Texas
Certified Public Accountants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coopers &Lybrand
Houston, Texas
Financial Advisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rauscher Pierce Refsnes, Inc.
Houston, Texas
22
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 that the City caused personal injuries and wrongful deaths, Iawsuits 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 1990, 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 obtained this permit in July of 1992. 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 affluent. The City has designed and is constructing a wetlands system for this
purpose which has been approved by the EPA and the Texas Water Commission. The City anticipates that the
wetlands system will be completed by July 1, 1993.
The City estimates that it will have to expend up to $13,800,000 to construct and complete the construction
of this wetlands system. In April of 1992,the City issued$20,000,000 in revenue bonds to finance the construction
cost of this wetlands system. These bonds have been sold to the Texas Water Development Board and will be
repaid by the City over 20 years at an interest rate of 5.50%. The balance of the bond proceeds which are not used
for the construction of the wetlands system will be used by the City to rebuild and restore existing sewer lines. This
work is anticipated to start in December of 1993 and the City estimates that such work will be completed by the
end of 1994.
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$1,800,000. 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.
23
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. As required by law and applicable EPA regulations the City will submit its
application for these permits by May 18, 1993. 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.
In December of 1992, the City was advised by the Federal Transportation Authority that no further capital
expenditure project funds would be available to the City for its transit system. At the present time,the City projects
that approximately$200,000 of capital expenditures will have to be made with respect to the transit system during
the next 12 months. These expenditures are expected to be financed through use of capital leases.
For the fiscal years beginning September 1, 1993 and September 3, 1994, the City will receive from the
Federal Transportation Authority annual grants sufficient to cover one-half of the deficit arising from operation of
the transit system. However, the City has been advised that beginning September 1, 1995, a lesser amount of funds
will be available to cover these operating deficiencies.
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.
24
State Legislation
The City is a home rule city under the Texas Constitution, but it may not adopt ordinances or charter
provisions inconsistent with State law. The State Legislature will conclude its bi-annual regular session on June 1,
1993. The City will review the legislation enacted and to be enacted during this session to determine whether the
legislation may have any adverse material effect upon the City. Under the Federal and State Constitutions,the State
Legislature may not,however, enact legislation that impairs the City's ability to pay principal of or interest on the
Bonds.
OTHER CONSIDERATIONS
Future Bond Issues
The City estimates that up to$10,000,000 in additional water and sewer system revenue bonds or certificates
of obligation may be issued during fiscal year 1994. If issued 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.
Other Financing Arrangements
During.fiscal year 1993, the City entered into capital lease agreements totalling approximately$600,000 for
the purchase of operating equipment. The lease agreements include non-appropriation funding language;therefore,
the instruments are considered an operating expense of the City. In fiscal year 1994, the City intends to enter into
similar capital lease-purchase agreements totalling an estimated $500,000 that will again provide financing for the
purchase of operating equipment.
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 1991, was set at 10.58% 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, 1992, in accordance with these
requirements, were $4,222,207. The unfunded accrued liability for prior service benefits (both vested and
nonvested) at the date of latest actuarial determination on December 31, 1991, was $11,018,197.
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, 1992 were $1,700,424.
25
Collective Bargaining
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 has retained all liability risk which includes, but is not limited to, torts, statutory causes of action,
contract claims and errors and omissions. Transactions related to these risks are recorded in the City's General
Liability Fund. Contributions are made to this fund by all appropriate City funds based on the amounts needed for
prior and current claims and to establish a reserve. The General Liability Fund had a balance as of September 30,
1992, of $3,838,945. As of that same date, the City estimated the liability for probable claims at $3,878,000.
Should claims or losses exceed the balance of the fund, the City may find it necessary to use current revenues or
to incur additional indebtedness in order to satisfy such claims and losses. Although the City's potential liability
under this program is not subject to accurate estimation,prior paid losses have approximated an average of$130,000
per year.
The City has purchased commercial property and casualty insurance on its real property and associated
improvements with a deductible of$100,000 per occurrence. Subject to the deductible, the insurance provides for
payment of replacement cost.
The City retains all risks associated with the employee health program up to $150,000 per person. Risks
associated with workers' compensation are retained by the City up to$500,000 per incident. The City purchases
commercial insurance to cover losses beyond the retained risk. Transactions related to employee health claims,
workers' compensation claims, dental insurance premiums and the administration of these programs are recorded
in the Employee Benefits Fund. Once again,contributions are made to this fund by all appropriate City funds based
on the amounts needed for prior, current and estimated future claims. As of September 30, 1992,the City estimated
its liability for claims incurred in the fund to be $1,757,043. On the same date, the fund had a balance of
$3,378,569.
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 balance in the fund as of September 30, 1992 was
$3,838,945. 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, 1992, the City estimated the liability for claims that are probable and that can be
reasonably estimated is approximately $3,878,000. 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.
Landfill Operations
The City operates a Type I solid waste landfill. New regulations issued by the EPA which will become
effective in October, 1993 will impose more stringent requirements on the operation of the landfill and the City
estimates that it will incur which will become effective in October of 1993 an additional$1,250,000 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. The City estimates that it will have to increase the garbage and landfill fees it charges
its customers by approximately 15% to 20% to cover the additional operating costs of the landfill.
26
Browning Ferris Industries is currently constructing a Type I solid waste landfill approximately 1/2 mile outside
of the city limits of the City that is expected to open in September of 1993. 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.
Potential Gulf States Utilities/Entergy Merger
In June of 1992, Gulf States Utilities Company("Gulf States"), an investor owned public utility headquartered
in the City of Beaumont, entered into an agreement to merge with Entergy Corporation ("Entergy").
Applications for approval of the merger have been filed by Gulf States and Entergy with the Securities and
Exchange Commission, the Public Utility Commission of Texas, the Louisiana Public Service Commission, the
Federal Energy Regulatory Commission, and the Nuclear Regulatory Commission. A final decision from all
regulators is anticipated in late 1993 or early 1994.
At the present time, it is not possible to predict whether and to what extent the merger may have an adverse
economic effect on the City and the surrounding area.
LEGAL MATTERS
Legal Opinions
The City will furnish the Underwriter 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, L.L.P., 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, including accrued original issue discount,is excludable from gross income for federal income tax purposes
under existing law. See "Tax Exemption" and "Tax Accounting Treatment of Original Issue Discount Bonds"
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.
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.
27
Tax Exemption
In the opinion of Orgain, Bell &Tucker, L.L.P., Bond Counsel, (i)interest on the Bonds, including accrued
original issue discount,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, including accrued original issue discount, 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 50% 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 and as set forth below under the heading "Tax Accounting Treatment of Original Issue
Discount Bonds", 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.
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 underwriters
should consult their own tax advisors as to the applicability of these consequences.
28
r 6
Tax Accounting Treatment of Original Issue Discount Bonds
The initial public offering prices of the Bonds maturing in the years through (the "Original Issue
Discount Bonds") are less than the principal amounts of such Bonds. In the opinion of Bond Counsel, under
existing law and based upon the assumptions herein after stated:
(a) The difference between (i)the amount payable at the maturity of each Original Issue Discount Bond and
(ii)the initial offering price to the public of each such Bond constitutes original issue discount with respect to such
Bond in the hands of an owner who has purchased such Bond at the initial offering price in the initial public offering
of the Bonds; and
(b) Such initial owner is entitled to exclude from gross income (as defined in Section 61 of the Code) an
amount of income with respect to such Bond equal to that portion of the amount of such original issue discount
allocable to the period that such Bond continues to be owned by such owner.
In the event of the redemption,sale or other taxable disposition of such Bond prior to stated maturity,however,
the amount realized by such owner in excess of the basis for such Bond in the hands of such owner(adjusted upward
by the portion of the original issue discount allocable to the period for which such Bond was held by such initial
owner) is includable in gross income. Because original issue discount is treated as interest for federal income tax
purposes, the discussion regarding interest on the Bonds under the caption "Tax Exemption" generally applies,
except as otherwise provided below,to original issue discount on an Original Issue Discount Bond held by an owner
who purchased such Bond at the initial offering price in the initial public offering of the Bonds, and should be
considered in connection with the discussion in this portion of the Official Statement.
Under existing law, the original discount on each Original Issue Discount Bond is accrued daily to the stated
maturity thereof(in amounts calculated as described below for each six-month period ending on the date before the
semi-annual anniversary dates of the date of the Bonds and ratably within each such six-month period) and the
accrued amount is added to an initial owner's basis for such Bond for purposes of determining the amount of gain
or loss recognized by such owner upon the redemption, sale or other disposition thereof. The amount to be added
to basis for each accrual period is equal to the sum of the issue price plus the amount of original issue discount
accrued in prior periods multiplied by the yield to stated maturity(determined on the basis of compounding at the
close of each accrual period and properly adjusted for the length of the accrual period)less the amount payable as
current interest during such accrual period on such Bonds.
The foregoing opinion is based on the assumptions, that (a) the Underwriter has purchased the Bonds for
contemporaneous sale to the general public and not for investment purposes, (b)all of the Original Issue Discount
Bonds have been offered,and a substantial amount of each maturity thereof has been sold to the general public in
arm's-length transactions for a cash price (and with no other consideration being included) equal to the initial
offering prices thereof stated on the cover page of this Official Statement, and (c) the respective initial offering
prices of the Original Issue Discount Bonds to the general public are equal to the fair market value thereof. Neither
the City nor Bond Counsel warrants that the Original Issue Discount Bonds will be offered and sold in accordance
with such assumptions.
No-Litigation Certificate
The City will furnish the Underwriter 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.
29
QUALIFIED TAX-EXEMPT OBLIGATIONS
Under section 265 of the Code, no deduction is allowed in the calculation of the federal income tax of a
financial institution for the portion of such financial institution's interest expense paid or incurred on indebtedness
which is deemed under the Code to have been incurred or continued to acquire or carry an investment in tax-exempt
obligations acquired after August 7, 1986. An exception to the foregoing provision is provided in the Code for
"qualified tax-exempt obligations,"which includes tax-exempt obligations, such as the Bonds, if such obligations
are (a) designated by the issuer as "qualified tax-exempt obligations" and (b) issued by a political subdivision for
which the aggregate amount of tax-exempt obligations (not including private activity bonds other than "qualified
501(c)(3) bonds") to be issued by such political subdivision and all entities aggregated with the issuer under the
Code during the calendar year is not expected to exceed $10 million.
The City expects to designate the Bonds as "qualified tax-exempt obligations" and has represented that the
aggregate amount of tax-exempt obligations(including the Bonds)issued by the City and the entities aggregated with
the City under the Code during calendar year 1993 is not expected to exceed $10 million and that the City and
entities aggregated with the City under the Code have not designated more than$10 million in"qualified tax-exempt
obligations" (including the Bonds) during calendar year 1993.
Notwithstanding the applicability of this exception, the financial institutions acquiring the Bonds will continue
to be subject to rules in effect under prior law which disallows the deduction of 20 percent of the interest expense
allocable to tax-exempt obligations, including the Bonds.
VERIFICATION OF ACCURACY OF MATHEMATICAL COMPUTATION
The accuracy of computations performed by Rauscher Pierce Refsnes, Inc. relating to (a) the arithmetical
computations of the adequacy of the maturing principal amounts of and interest on the escrowed obligations and
other securities and certain other available funds to pay, when due, the principal or redemption price and interest
on the Refunded Bonds and (b)the mathematical computations supporting the conclusion of Bond Counsel that the
Bonds are not "arbitrage bonds"under Section 148 of the Code will be verified by KPMG Peat Marwick, Certified
Public Accountants. In making such verification, KPMG Peat Marwick has relied upon information and
assumptions supplied by the City and on interpretations of the Code provided by Bond Counsel.
KPMG Peat Marwick has restricted its procedures to examining the arithmetical accuracy of certain
computations and has not made any study or evaluation of the assumptions and information on which the
computations are based and, accordingly, has not expressed an opinion on the data used, the reasonableness of the
assumptions, or the achievability of future events.
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.
30
Certification as to Official Statement
At the time of payment for and delivery of the Bonds, the Underwriter 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 Underwriter 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.
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 Underwriter. 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 Underwriter and all
information with respect to the resale of the Bonds shall be responsibility of the Underwriter.
/s/
Mayor
City of Beaumont, Texas
Attest:
/s/
City Clerk
City of Beaumont, Texas
31
' n
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,com,
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, and rice mills. Beaumont has become a source of sophisticated medical
instruments 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, Lamar Bank, Nations
Bank of Texas, Community Bank, Texas Commerce Bank and Bank of America.
-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 1992 the Port of Beaumont handled 4.03 million tons of cargo, creating an
economic impact of$129 million and 1,205 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.
-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.
F - Building Permits -
(Source: The City of Beaumont)
Year Number of Permits Value
1992 2,854 $ 72,600,558
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 Passengers
1988 184,553
1989 226,476
1990 263,693
1991 241,100
1992 239,600
- Agriculture-
In 1992, approximately 30,000 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 1992 Gulf States Utilities had a peak load
of 5,247 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 with over 100 employees. Employment range and relevant products have been obtained from the
Beaumont Chamber of Commerce and the 1993 Directory of Texas Manufacturers.
Name Product Employment
American Valve&Hydrant Mfg. Co. Gray iron castings including hydrants&hydrant parts 525
Ameripol/Synpol Synthetic rubber 850
Baptist Hospital of Southeast TX Hospital 794
Beaumont Enterprise-Journal Newspapers 100
Brand Companies Construction 600
Casa Old Restaurant chain 570
Chevron Chemical Petrochemical 500
Chevron USA Oil refinery 1,800
John Dollinger, Jr. Inc. Fabricators of structural and plate steel 120
DuPont Sabine River Works Petrochemical 1,900
E.I. DuPont deNemours & Feed supplement, synthetic rubber, hydro- 1,100
Company Inc. carbon rubber, ammonia, methanol
Exell Inc. Steel pressure vessels &shell-and-tube 120
heat exchangers
Fina Oil and Chemical Co. Oil refinery 470
Goodyear Tire&Rubber Co. Synthetic rubber&adhesives 600
Gulf Coast Machine & Supply Industrial forgings 90
Gulf States Utilities Co. Electric utility 2,500
Inland-Orange Paper mill 450
Mabry foundry, Inc. Ductile, iron&steel castings iron pipe, 50
valves& fittings
Marine&Industrial Electrical Switchboard panels for ships, electric motors 70
Service Company
Mobil Oil Corporation/
Beaumont refinery Petroleum refining 1,770
Mobil Chemical Company/ Ethylene, butadiene, propylene benzane, 350
Petrochemicals Div. totuene, urea
Aeromatics & Olefins Plants
Mobil Chemical Company/ Polyethylene resins 325
Petrochemicals Polyethylene Plant
Modern Inc. Post hole diggers, agricultural machinery 150
North Star Steel Texas Steel mill 606
P.D. Glycol Glycols& oxides 216
Saint Elizabeth Hospital Hospital 2,700
Sandoz Crop Protection Corp. Herbicides 314
Star Enterprise Oil refinery 1,500
Temple Inland Paper mill 1,300
Texaco Chemical Petrochemical 1,500
Texas State Optical Prescription eyeglasses &contact lenses 100
Trinity Industries Inc. Structural metal fabrication for bridges, 400
buildings,and dams
"
M - 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) 112,900 236,400 357,700
Median Age (years) 33.1 33.7 33.6
% 18-24 10.1 9.1 9.0
% 25-34 16.1 15.7 15.3
% 35-49 19.9 19.8 20.4
% 50-Over 27.0 28.2 27.4
Number of Households 42,900 89,500 133,100
Retail Sales (1990) ($1.000's)
Food $ 186,219 $ 356,404 $ 535,522
Eating and Drinking 120,687 184,638 226,035
General Merchandise 240,744 358,097 455,117
Furniture, Furnishings, Appliances 60,066 81,183 93,582
Automotive 315,063 527,601 677,820
Drugs 37,634 72,427 93,694
Total Retail Sales 1,256,880 2,051,576 2,719,519
Effective Buying Income (1990)
Total Effective Buying Income ("EBI) ($1,000's) $1,496,996 $3,052,392 $4,515,844
Median Household EBI 26,679 27,272 27,704
% Household EBI
$10,000 to $19,999 19.0 18.9 18.9
$20,000- $34,999 22.9 23.4 23.8
$35,000- $49,999 17.4 18.1 18.6
$50,000 and Over 20.8 20.7 20.6
- 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 N.A.
Savings &Loan Deposits 5,446,690 51,398,527 128,527,595 561,229,967 N.A.
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.
APPENDIX B - AUDITED FINANCIAL STATEMENTS OF THE CITY