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1997-02-18CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING FEBRUARY 18, 1997 MINUTES COUNC LMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pm Tem W. Ralph Evans; Deputy Mayor Pro Tern Pamela Muller. Members: Gary Fawks, Wayne Moffat, Scott Martin, David Harris. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Klm Lenior, Director of Parks and Recreation; Lou Ann Heath, Director of Finance; Karen Gandy, Zoning Administrator; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Billy Campbell, Director of Public Safety; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tem W. Ralph Evans. WORK SESSION: The work session was held to discuss agenda items by Council and staff. Mayor Rick Stacy called the meeting to order at 7:00 p.m. Councilmember Gary Fawks arrived at the meeting just before agenda item #7-C. Councilmember Scott Martin left the meeting after agenda item #7-C. Agenda Item #3, Approval of the Minutes of the City Council Meeting Held on February 4.1997. Motion was made to approve the minutes of the City Council meeting held on February 4, 1997, with a change on page 15, first paragraph to read, "The driveway off of Brock Drive will be chained and used for emergency vehicles only. ~ Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Stacy Nays: None Abstention: Evans Approved: 5-0-1 vote ~ REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 1 Agenda Item #4-A. Mayor's Report During the Mayor's Report, Councilmember Muller reported her father recently became a citizen of the City of Southlake and attended the by-monthly senior luncheon. While attending the Valentine luncheon she stated Brownie Troop 4044 made valentines for the seniors. Ms. Muller thanked the Girl Scout Brownie Troop for providing the valentines for the seniors, making their day a little brighter. Mayor Pro Tem Ralph Evans reported on the upgrade of our bond ratings as the result of the bond meeting held on February 13. Evans stated our rating was increased from an "A' to "A+~ by Standard and Poors and Moodys. Evans thanked staff for the good job on the sessions and on the tour of the City provided to the bond agents. Mayor Stacy reported on the "Mayor's Cup Tennis Tournament" which will be held on April 5, 1997 from 12 noon to 2:00 p.m. at Carroll High School, noting, we still need volunteers to commit to play. A few people have signed up, however, we need more. Twelve (12) two (2) member teams are needed to play. If anyone is interested, contact the City Secretary. Mayor Stacy made a presentation to Greg Last and employees of the Community Development Department. The Midwest Section of the Texas Chapter of the American Planning Association presented the "Certificate of Achievement for Planning Excellence" award to Southlake. The Mayor stated this award recognizes professional planning standards demonstrated by City staff responsible for planning and further recognizes the support that the Mayor and other Councilmember have exhibited with regard to funding and support of professional planning efforts in Southlake. The members of the Community Development are: Greg Last, Karen Candy, Tom Elgin, Dennis Killough, Chris Carpenter; Stephanie Sarakaitis, Lori Farwell, Lea Cromer, Roxanne Luna, and Mary Stanley. The Southlake 40th Birthday celebration will be held on May 3, 1997 at Bicentennial Park. If anyone would like to help with the planning of the celebration, contact Tracy Soutbers, Public Information Officer for the City. Applicants are now being received for appointments to City Boards and Commission. Places will be available on the Planning and Zoning Commission, Parks and Recreation Board, Southlake Parks Development Corporation, and Senior Advisory Board. For more information, contact the City Secretary. Mayor Stacy noted yesterday was the first day to file for a place on the May 3, 1997 General Election Ballot. The last day to file is March 19, 1997. The Mayor and Councilmember Place 2 are up for re-election. For more information, contact the City Secretary. Mayor Rick Stacy stated that two big issues have come up during the last several months that have upset a lot of people. We have learned how to proceed and make REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 2 it less painful for the people. The first issue is the update of the Thoroughfare Plan. The Mayor stated that updating the Thoroughfare Plan is a normal process that takes place every four years which is a requirement of our Home Rule Charter. It does not mean we are going to go out and widen all the roads at this time. He commented that one of the reasons that our bond ratings have gone up is because we have a plan and we stick to that plan. We don't have the money right now to build roads. We have millions of dollars of roads to build. The second issue is Continental Boulevard as it connects to State Highway 26. If folks still have concerns with this portion of the Thoroughfare Plan, we can send just that portion of the plan back to the Planning and Zoning Commission for further review. The Mayor asked that the Thoroughfare Plan be included in the March 4, 1997 City Council meeting agenda. Councilmember Pamela Muller stated she had already talked with staff about the possibility of South Kimball Avenue being increased to a divided boulevard to separate the residents from the through traffic. She feels this would be a workable solution. Councilmember Harris asked, does this one item need to be sent back to the Planning and Zoning Commission, or does Council feel we need more work sessions on the Thoroughfare Plan Update? Harris referenced the meetings the City Manager has had with the property owners in the Continental Boulevard area. Curtis Hawk stated the Planning and Zoning Commission has made a recommendation. It was noted that Councilmembers Martin and Muller have met with the City Manager in regards to the exact Thoroughfare Plan. The City Manager, Curtis Hawk, stated he will put the Thoroughfare Plan update on the March 4, City Council meeting agenda. There will be a joint work session with the City Council and Planning and Zoning Commission on March 13, at 6:30 p.m. in the City Council Chambers to consider the Timarron commercial tracts. Councilmember Muller thanked the Planning and Zoning Commission members and City staff for their work and long hours on the Thoroughfare Plan. Aeenda Item #4-B. City Mana~,er's Report The City Manager, Curtis Hawk, informed Council and the audience of a Joint City Council and SPIN meeting to be held on Thursday, February 27, at 7:00 p.m. Mr. Hawk commented that the Director of Community Development, Greg Last, will be making a presentation to the Texas Forest Service on Southlake's Tree Ordinance. REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 3 Mr. Hawk stated on March 26 and 27, Parmers in Mobility will be going to Austin with the Texas Department of Transportation. He noted, we need at least four Councilmembers to attend. On Thursday, February 20, Metroport 114 Parmership will be meeting in the Council Chambers of Southlake City Hall, beginning at 7:30 a.m. The City Manager commented on Councilmember Martin's father-in-law being ill and in the hospital. Aeenda Item #4-C. SPIN Report Joe Mast, SPIN Representative for SPIN #3, 2415 Taylor Street, Southlake. Mr. Mast reported his group had a joint meeting with SPIN #2 in the recent past, and commented on a potential traffic hazard on Dove Road. He commented that south-bound on Ridgecrest, it was suggested that the guard-rail be moved back as the ditch overflows and causes lawn problems. Also, a large east-west culvert is needed on Lonesome Dove and Dove Roads. Aeenda Item #5. Consent Aeenda Mayor Stacy read the consent agenda items, including: 5-A. Resolution No. 97-12, Renewal of an agreement with the For~ Worth Star Telegram naming them as the legal publication for the City. 5-B. Award of bid for Continental Boulevard Paving, Drainage, and Water Improvements in Heritage Industrial Park from SH 26 to approximately 1000 ft. west. 5-C. Award of bid for self contained breathing apparatus for the Department of Public Safety, Fire Services Division. 5-D. Resolution No. 97-14, authorizing the Mayor to enter into a renewal of the Mass Care Shelter Agreement with the American Red Cross. 5-E. Authorizing two (2) additional motorcycle police officer positions for FY 96-97. Resolution No. 97-13, a resolution by the City Council of the City of Southlake, Texas, to the "Southlake Parks Development Corporation Refunding and Improvement Sales Tax Revenue Bonds, Series 1997." 10-A. Authorizing the Mayor to enter into a contract with Cheatham and Associates for the design of sanitary sewers for the Neighborhood Sewer Program for Dove Acres, Hillwood Estates, Cross Timber Hills and Jellico Estates. REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 4 Motion was made to approve the consent agenda consisting of items #5-A, #5-B, #5-C, #5-D, #5- E, #5-G, and #10-A. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 6-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Resolution No. 97-12, renewal of an agreement with the Fort Worth Star Telegram as the City's legal publication. Each year the City must renew their contract with fixed pricing on the legal notices. The Fort Worth Star Telegram has increased their rates somewhat, however, are lower than other area newspapers. The City has an excellent working relationship with this newspaper. Award of bid for Continental Blvd., paving, drainage and water improvements in Heritage Industrial Park from SH 26 to approximately 1,000 feet west, was approved. Bid tabulations were prepared by the design engineers, Halff Associates. Staff recommends the bid be awarded to L.H. Lacy Company in the amount of $360,640.30 for the Continental Blvd. paving and drainage from SH 26 west approximately 1,000 ft. and the low bid in the amount of $68,627.40 for a 12-inch water main for the same area. Award of bid for self contained breathing apparatus for the Department of Public Safety, Fire Services Division. The bid specifications included 20 complete self contained breathing apparatus units to include masks, bottles and ancillary issue. They also specified 20 extra air bottles and spare face masks. These will be utilized by our paid firefighters, firefighter reserves, and public safety officers. Staff recommended Hoyt Breathing Apparatus be awarded the bid in the amount of $58,344.00. Resolution No. 97-14, allows for a renewal agreement between the City of Southlake and the American Red Cross to insure understanding and agreement on interpretation and implementation of disaster relief responsibility, as well as providing for mass care shelters within the City of Southlake. This was reaffirmed in the State of Texas Disaster Relief Law in 1975. The City has been under this contract since March, 1990. Authorizing additional motocycle police officer positions. The City currently has two motorcycle officers and we need an additional two officers. The objectives for a Comprehensive Race Day Traffic Management Plan includes: (a) Provides additional mobile officers for race track events; (b) allows the expansion of times that traffic can be worked to help evaluate trouble spots in our city that we, because of scheduling and numbers of personnel dedicated to the traffic program, cannot address; (c) increase our ability to work with the schools, parks and recreation, and other public and civic REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 5 5-F 5-G. 10-A. organizations that bring additional traffic to our community. The urgency in this request is related to the close time frame that is needed to meet the hiring and training of personnel, including motorcycle training and placing the proper equipment on the motorcycles. The cost of this program in the 1996-97 budget year will be about $17,000 per traffic officer. (This item left intentionally blank). Resolution No. 97-13, Relating to the "Southlake Parks Development Corporation Refunding and Improvement Sales tax Revenue Bonds, Series 1997". The SPDC board will consider a resolution to approve the refunding of the current outstanding sales tax revenue bonds and issuance of the $8.97 million 1997 bonds. Of the $8.97 million, approximately $5 million will be available for new projects. The board is in the process of prioritizing the parks projects through review of a three year plan and budget. Contract with Cheatham and Associates for the design of sanitary sewers for the Neighborhood Sewer Program for Dove Acres, Hillwood Estates, Cross Timber Hills and Jellico Estates. The sewer assessment program consists of a three-year program. Each year certain subdivisions have been designated to be considered for a sanitary sewer program. Year 1: Vista Trails, Emerald Estates, Whispering Dell Estates and Highland Estates; Year 2: Subdivisions include: Mission Hills Estates, Diamond Circle Estates, Huntwick Estates, and Shady Lane-Raintree Area; Year 3: Cross Timber Hills, Dove Acres, Hillwood Estates, and Jellico Estates. The FY96-97 Budget, Fund 755-Sewer Assessment Fund includes $180,000 for engineering services for the "Year 3" Sewer Assessment Program. Staff recommends the City Council authorize the Mayor to execute the proposal from Cheatham and Associates for professional services for the design of sewer systems in four (4) existing residential subdivisions: Cross Timber Hills, Dove Acres, Hillwood Estates, and Jellico Estates. The total cost of the engineering design is estimated to be $173,675. Agenda Item//6. Public Forum Dick Johnston, 139 Jellico Circle, Southlake. Mr. Johnston stated he appeared before the City Council and the Carroll School Trustees and recommended the City go forward with a bond election for the new City Hall to be located on the Richards/Timarron property. This has caused concerns with many citizens. The City spent $50,000 on planners and architects for the study and he stated he feels Council isn't even considering the findings of the Municipal Complex Committee. Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin thanked the City Council and staff for the complete upgrades to water and roads on Hilltop, Briar Lane and the Southlake Park area. The REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 6 project is complete, not just in spots. He noted the workers and contractors were helpful in answering questions from the citizens. ~genda Item g'/-B. Ordinance No. 480-226. 2nd readinn (ZA 96-152). Ordinance No. 480-226, 2nd reading (ZA 96-152), Rezoning and Concept Plan for Southlake Church of Christ, on property being described as Lot 1, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 3288-44, Page 40, Plat Records, Tarrant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgement entered in Cause No. 153-127796-90, a certified copy of which is recorded in Volume 11284, Deed Records, Tarrant County, Texas. Current zoning is "SF-1A' Single Family Residential District (Lot 1, Brock Addition), and "CS" Community Service District (Lot 3R, J.G. Allen No. 18 Addition). Applicant: FDS International District. Owners: Jimmie O. and Judith A. Hettinger (Lot 1 Brock Addition), and Southlake Church of Christ (Lot 3R, J.G. Allen No. 18 Addition). SPIN Neighborhood No. 15. Karen Gandy, Zoning Administrator, reported that twelve (12) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Mr. and Mr. John Parry, 105 Brock Drive, Southlake, opposed; and Perry and Elvira Vargas, 209 Brock Drive, Southlake, opposed. Michael C. Schistose, Director of Service Master FDS International, 320 Decker Drive, Suite 200, Irving, Texas. Mr. Schistose stated site lighting was as issue, but it is taken care of. PUBLIC HEARING: no comments were received during the public hearing. Motion was made to approve Ordinance No. 480-226, 2nd reading, was approved subject to the Concept Plan Review Summary No. 3 dated January 31, 1997; subject to the Planning and Zoning Commission's recommendation and subject to the closure of the driveway on Brock Drive at the house once the acquisition of Lot 1, Brock Addition is completed. Motion: Martin Second: Harris Mayor Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Councilmember Gary Fawks arrived for the meeting at this time. Agenda Item gT-C. Ordinance No. 670. 2nd reading Tax and Waterworks and Sewer System (Limited Pledee} Revenue Certificates of Obligation. Series 1997. Lou Ann Heath, Director of Finance for the City of Southlake, stated on January 21, 1997 during REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 7 the City Council meeting, the City Council approved Resolution No. 97-06, which approved and authorized the publication of notice of intention to issue $9.67 million certificates of obligation. This notice was published in the Fort Worth Star Telegram on January 23, and 30. The first reading of Ordinance No. 670 was approved by Council at their February 4, 1997 meeting. On February 18, the second reading is being considered for approval. Approval by the Texas Attorney General is required after approval by the Council, and delivery of the funds is anticipated by March 18. The certificates will be issued at a level annual debt service with a 20 year maturity. On February 12, members of City staff, representatives from First Southwest Company, Councilmembers Martin, Evans, and Muller and SPDC President David Yelton met with analysts from Standard and Poor's, Moody's Investors Service, and AMBAC Indemnity Corp. This was the first time that a bond rating presentation was held in the City. Part of the presentation focused on parks development, since the Southlake Parks Development Corporation will be issuing sales tax revenue bonds at the same time. Rating assignment was made, whereby currently Southlake is rated "A' by both rating agencies. It was announced that Southlake was upgraded to an "A+' rating from both agencies. Jim Sabonis, First Southwest Corporation, was present and explained to Council the upgrades in ratings by both Standard and Poor's and Moody's. Mr. Sabonis introduced Jeff Roberts from First Southwest Corporation, and Ed Esquival, Fulbright & Jaworski, City's bond counsel. PUBLIC HEARING: No comments were received during the public hearing. Curtis Hawk, City Manager, stated Southlake was successful because of hard work and dedication of our City staff. He stressed the importance of planning. He noted the City Council also needs to take credit for allowing staff to do some things that makes Southlake a unique community. Councilmember Scott Martin commented on the continuity of the City. He stated he hopes the citizens will support Council sticking to the plans. Councilmember Muller stated this is exciting to hear as she recalls in 1988-89, the Council spent several nights a week in planning meetings where the development regulations were originated and it has paid off. Motion was made to approve Ordinance No. 670, 2nd reading. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Staey Nays: None REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 8 Approved: 7-0 vote A~enda ltom #7-A. Resolution No. 96-51 fZA 96-7B Specific Use Permit for Outside Storage Resolution No. 96-51 (ZA 96-71), Specific Use Permit for outside storage from Great Outdoor Landscape being legally described as Lot 3, Block A, Hart Industrial Park, and being approximately 0.998 acres situated in the John N. Gibson Survey, Abstract No. 591. Current zoning is "I-1" Light Industrial District. Owner: Joseph Hart. Applicant: Scott and Carol Malone. SPIN Neighborhood #7. Karen Gandy, Zoning Administrator, commented that the applicant has met the requirements in all the Plan Review Summary No. 1, No. 2, and No. 3. Buddy Luce, 1850 Hunter's Creek, Southlake, an attorney for the applicant was present to answer questions of Council. Wayne Olson, City Attorney, stated the specific use permit is limited to the requirements and restrictions set out in the motion. If it is not commented on in the motion, the SUP will run with the land unless Council states otherwise. PUBLIC HEARING: The public hearing resulted with no comments from the audience. Councilmember Pamela Muller noted that Buddy Luce was on the Planning and Zoning Commission when this ordinance was written. Motion was made to approve Resolution No. 96-51 with the following specific requirements and special conditions to be included in Section 1 on page 7A-8, that the applicant be restricted from placing any type of structure storage or any other material of any kind or type whatsoever in the landscaped area as shown; that the sand and gravel as shown on the west side of the property be relocated to the east side of the property; that the applicant will engage in reasonable dust abatement; that there will be no outside vehicle storage on the property; that it will be incumbent upon the applicant to maintain the drainage characteristics of the landscaped area and the buffered area on the property; that if the applicant receives two or more code violations for drainge violations within a one year period, that will result in an automatic review of the SUP; if the applicant received three or more other violations such as height of material within a one year period of time, that will result in review of the SUP; and that the SUP granted to this applicant is for these uses shown and cannot be expanded; that the SUP is limited to this applicant only; and also that the materials to be stored will be those shown on the drawings submitted together with the application for the SUP and none other. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Stacy Nays: Fawks, Muller, Moffat REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 9 Approved: 4-3 vote Councilmember Scott Martin left the meeting at this time (8:35 p.m.) Agenda Item #7-D. ZA 96-167. Site Plan of Lot 1. Block 1. 1709 Southlake Oaks Addition ZA 96-167, Site Plan of Lot 1, Block 1, 1709 Southlake Oaks Addition, being approximately 2.2957 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 3C. Current zoning is "C-2" Local Retail Commercial District. Owner and Applicant is 1709 Southlake Oaks, Ltd. SPIN Neighborhood//13. Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property owners within the 200' notification area and twenty-nine (29) responses were received from outside the 200' notification area, including: Deborah Andrup, 203 Lake Crest, Southlake, opposed; Ray and Linda Burbank, 201 Lake Crest. Drive, Southlake, opposed; David Boone, 306 Canyon Lake Drive, Southlake, opposed; Stephanie Chesbro, 102 Clear Lake Court, Southlake, opposed; Brian Campbell, 206 Lake Crest Drive, Southlake, opposed; Kimberley and Jose Deras, 212 Canyon Lake Drive Southlake, opposed; Mary and John Dominguez, 209 lake Crest Drive, Southlake, opposed; Coila Edson, 214 Canyon Lake Drive, Southlake, opposed; Garry Gibbons, 210 Lake Crest Drive, Southlake, opposed; Katherine Holland, 208 Lake Crest, Southlake, opposed; Dan Jaeger, 224 Canyon Lake Drive, Southlake, opposed; Terry Krieber, 310 Canyon Lake Drive, Southlake, opposed. Scott and Francine Kingery, 204 Lake Crest Drive, Southlake, opposed; Patrick and Jo Ann Loprete, 300 Canyon Lake Drive, Southlake, opposed; Jennie Moore, 211 Canyon Lake Drive, Southlake, opposed; Lucia McCoy, 223 Canyon Lake, Southlake, opposed; Joma Nassir, 312 Canyon Lake Drive, Southlake, opposed; Samatha Powell, 205 Lake Crest, Southlake, opposed; Ann Prendergast, 207 Lake Crest Drive, Southlake, opposed; James and Suzanne Peckham, 309 Canyon Lake Drive, Southlake, opposed; Lois Scheidt, 311 Canyon Lake Drive, Southlake, opposed; Sue Tepper, 215 Canyon Lake Drive, Southlake, opposed; Glen Teel, 101 Clearlake Court, Southlake, opposed; Cynthia Jane Whitehead, 2111 Lake Crest Drive, Southlake, opposed; Kevin Sweeney, 100 Clear Lake Court, Southlake, opposed; and, Janet Kendall, 203 Canyon Lake, Southlake, opposed. Ms. Gandy noted that the applicant has met all items in the Site Plan Review Summary No. 1 dated January 17, 1997, with the exception of those items addressed in the attached Site Plan Review Summary No. 2, dated February 14, 1997. Dick Scarbrough, Scarbrough Corporation, was present and stated the only issue is the building material, split-board vs. brick. He noted the material he would like to use on the back of the building is an approved masonry material with a finish like a split-base material. He noted it is a handsome building. The applicant stated by using this material would save him approximately $I0,000 on the project. Councilmember David Harris asked the applicant if he would have a substantial REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 10 savings by using the split-board on the back of the building. It was noted that the City is now using this material at Bicentennial Park. Councilmember Harris stated he would like to see additional landscaping on the rear of the building. Mayor Stacy stated one of the City's biggest complaints received from citizens is concerning the backs of buildings. Councilmember Fawks stated he shared the Mayor's concerns. Agenda Item. #2-A. Executive Sesslon Mayor Stagy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, to seek the advice of the City Attorney with regard to an agenda item. Council adjourned for executive session at 8:45 p.m. Council returned to open session at 9:05 p.m. Agenda Item #2-B. Action Necessary No action was necessary as the result of the executive session. Agenda Item #7-D. Continued Motion was made to approve ZA 96-167 as presented. Motion: Muller Second: Evans Ayes: None Nays: Harris, Fawks, Muller, Moffat, Evans, Stacy Denied: 6-0 vote Agenda Item #8-A. Ordinance No. 480-229. 1st reading (ZA 96-1631. Ordinance No. 480-229, 1st reading (ZA 96-163), Rezoning and Concept Plan for the Kimball Road Substation, being approximately 2.456 acres and a portion of Tract 3B situated in the Thomas Mahan Survey, Abstract No. 1049. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Applicant: Espey, Huston & Associates, Inc. Owner: TU Electric. SPIN Neighborhood #6. K~tren Coandy, Zoning Administrator, stated eight (8) notices were sent to property owners within the 200' notification area and one (1) response was received from within the 200' notification area REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 11 from Ernest Taylor, 579 North Kimball Avenue, Southlake, opposed. Three (3) responses were received outside the notification area from: Lloyd and Dana Sherwood, 906 North Shady Oaks Lane, Southlake, opposed; Jeanne Cook 158 East Highland, Southlake, opposed; and Mafia Looney, 2901 Tumbleweed Trail, Grapevine, opposed. Ms. Gandy reported the applicant has met all items in the Concept Plan Review Summary No. 1 dated January 3, 1997 with the exception of those items addressed in the Concept Plan Review Summary No. 2 dated February 14, 1997. Sonny Rhodes, Manager, TU Electric. Mr. Rhodes stated he is manager for the cities of Grapevine, Southlake, and Colleyville. He noted the proposed structure is 225' foot off Kimball Avenue, and will have a 5' fence inside their property. He introduced Keith Jackson, with Espy Huston; Bob Dean engineer for TU Electric; and Lonny Frazer, transmission specialist for TU Electric. PUBLIC COMMENTS: Kenneth Home, 1215 Ashmore Court, Southlake. Mr. Home stated TU Electric has talked about the Grapevine Mills, and asked why don't they put this structure there? He also suggested T.W. King Blvd. for a location for the tower. Home stated they don't have to be near the Harold Knight property where the new school will be built. A copy of the letter submitted by Mr. Home is hereby attached to the minutes of this meeting. Sonny Rhodes stated they need to build the tower as close to the center of development as possible. Initially the lines will be overhead. Councilmember Wayne Moffat addressed Mr. Horn's concerns and asked that he be given a copy of the map that was presented to the City Council tonight. Moffat stated he feels TU Electric has met all the requirements and has done everything possible to find the right location. Councilmember Pamela Muller asked Mr. Home to meet with Sonny Rhodes prior to the second reading of the ordinance. Motion was made to approve Ordinance No. 480-229, 1st reading (ZA 96-163), subject to staff review summary//2 dated February 14, 1997; deleting items//3,//4, and//5; and requiring the 10' bufferyard along Kimball Avenue and deleting the remaining bufferyard and providing a type "C' 10' bufferyard along each side the length of the concrete drive per Planning and Zoning Commission recommendation. Motion: Harris Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Muller,.Moffat, Evans, Fawks, Stacy Nays: None Approved: 6-0 vote REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 12 Aeenda Item #8-B. ZA 96-164. Preliminary Plat for Rodgers Addition ZA 96-164 Preliminary Plat for Rodgers Addition, being approximately 16.846 acres and a portion of Tract 3B situated in the Thomas Mahan Survey. Current zoning is "AG' Agricultural District. Applicant: Espey, Huston & Associates, Inc. Owners: TU Electric (Lot 1) and Loyal Edward Rodgers (Lot 2). SPIN Neighborhood//6. Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property owners within the 200' notification area and no written responses have been received. Ronny Rhodes, TU Electric Company, asked that this item be approved. Motion was made to approve the Preliminary Plat for Rodgers Addition subject to the Preliminary Plat Review Summary No. 2 dated February 14, 1997. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Evans, Stacy Nays: None Approved: 6-0 vote Agenda Item #8-C. Ordinance No. 480-228. 1st reading (ZA 96-160~ Ordinance No. 480-228, 1st reading (ZA 96-160), Rezoning of Aubrey Estates, Lot 4, as recorded in Volume 388-142, Page 41, P.R.T.C.T. and being approximately 6.854 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A' Single Family Residential District. Applicant: Interwoven Design. Owners: Aubrey L. Smith and Rosa Lee Smith. SPIN Neighborhood #10. Karen Gandy Zoning Administrator, commented that eleven (11) notices were sent to property owners within the 200' notification area and two (2) written responses have been received, from: Lenora Herron, 500 S. White Chapel Blvd., Southlake, in favor; and Mark Fowler, 410 S. White Chapel Blvd., Southlake, in favor. Ms. Gandy noted that a change in zoning to the ~SF-1A' Single Family Residential District does not require a Concept Plan Review by staff. Ron Parks, Interwoven Design, was present to answer questions of Council. Mr. Parks stated he wants to build two (2) estate homes on the property. Motion was made to approve Ordinance No. 480-228, 1st reading, as presented. Motion: Fawks Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Harris, Muller, Moffat, Evans, Stacy Nays: None REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 13 Approved: 6-0 vote Agenda Item #8-D. ZA 96-165. Plat Revision of Aubrey Estates ZA 96-165, Plat Revision of the proposed Lots 4R1 and 4R2, Aubrey Estates, as recorded in Volume 388-142, Page 41, P.R.T.C.T. and being approximately 6.854 acres. Current zoning is "AG" Agricultural District. Applicant: Interwoven Design. Owners: Aubrey and Rosa Lee Smith. SPIN Neighborhood #10. According to Karen Gandy, Zoning Administrator, twelve (12) notices were sent to property owners within the 200' notification area and no written responses have been received. Ron Parks, 420 Bedford Euless Road, Bedford. Mr. Parks stated they will be happy to dedicate an additional 5' for right-of-way. Motion was made to approve ZA 96-165, subject to the Plat Review Summary No. 2, dated February 14, 1997, including the incorporation of an additional 5' right-of-way dedication as agreed to by the applicant. Motion: Harris Second: Fawks Ayes: Harris Fawks, Muller, Moffat, Evans, Stacy Nays: None Approved: 6-0 vote 3, genda Item #8-E. Ordinance No. 671. 1st reading. Codification of Civil and Criminal Ordinances to be known as Southlake City Code. The City of Southlake Home Rule Charter, Article 31.5, Codification of Ordinances states: "The City Manager as soon as practical after the adoption of this Charter may cause to be codified and properly entered and published for public distribution or for anyone desiring same, the ordinances of the City, which codification may be revised and updated annually.' The City Manager stated since the City was in the process of updating many of the older, outdated ordinances, as well as developing many new ordinances, we did not proceed with codification until February, 1995 entering into a contract with Municipal Code Corporation. When it was determined that Southlake had many more ordinances that was average for a city our size, the cost of codification exceeded initial estimates. It was decided to proceed with codification in two parts. Volume I would consist of the City Charter and the general ordinances of the City; Volume II would consist of the land development regulations and would be published at a later date. Councilmember Muller stated she is happy to see this happen as it is a requirement of the City Charter. She thanked those who worked on making it happen. REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 14 Motion was made to approve Ordinance No. 671, 1st reading, Motion: Muller Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Muller, Evans, Fawks, Moffat, Harris, Stacy Nays: None Approved: 6-0 vote p, genda item gl0B. Initiation of contractual negotiations for facilities aereement for Town rD ! mn Curtis Hawk, City Manager, gave an overview on the efforts made to find a city hall site. He stated materials provided will enable Council to look at the proposal submitted by Mr. Stebbins and to evaluate its appropriateness for the new City HaI1/CISD Administrative building. Mr. Hawk stated we have spoken with our financial advisors concerning the TIP (Tax Increment Financing). Mr. Hawk stated we are at the point where some decisions need to be made about the direction we are going to take. If the City Council is ready to choose the Town Center site over the Richardsfrimarron site, we can go ahead and begin negotiations contingent upon certain factors which we need to discuss. PUBLIC COMMENTS: Karen Cienki, 803 Shadow Glen Drive, Southlake. Ms. Cienki stated for those who have worked on the Municipal Complex Committee for the past nine (9) months, only one City Councilmember has asked any member of the committee a question. She commented that if City Hall goes on the Fetchel site, 52,000 square feet will not be enough. Councilmember Wayne Moffat stated everyone on the City Council appreciates the work done by the Municipal Complex committee. The information will be used, no matter which site is chosen by Council. Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated he is disappointed after hearing the discussions. He stated the committee was clearly directed to not get into the pro's and con's of the sites. Mr. Potter stated he feels before the City Council makes a decision, he wants it to go back to SPIN--get the citizens involved. David Baltimore, 1368 Holland Hill, Southlake. Mr. Baltimore thanked the City Council for the opportunity of working on the committee. It was a great experience and he feels Mr. Johnston does not speak for other members of the committee. Brian Stubbins, 904 Independence, Southlake. Mr. Stubbins introduced Henry Beck, as the builder of the Town Center, stating Mr. Beck is responsible for Grapevine Mills, Texas Motor Speedway, and many other projects in our area. REGULAR CITY COUNCIL MINUTES OF THE 2/18/97 MEETING PAGE 15 Councilmembers present wanted it to be clear by voting to allow the City Manager to initiate contractual negotiations for a facilities agreement with Southlake Venture West, L.P. for the purpose of constructing a new City Hall/CISD Administration Building in the Southlake Town Square Development. It does not mean the vote is a final vote for the location of the new City Hall. Motion was made to authorize the City Manager to initiate contractual negotiations for a facilities agreement with Rialto for the purpose of constructing a new City HalI/CISD Administrative Building in the Southlake Town Square Development. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote A_~enda Item//12. Adlournment The meeting was [~I;lled by Mayor Rick Stacy at 11:20 p.m. Iai '~ }~ ~ May~r l~,ick Stacy Sandru L. LeGrand City Secretary d:\wp-ffies\cc'~2\ 18~97.min\sl REGULAR CITY COUNCIL MENUTES OF THE 2/18/97 MEETING PAGE 16 City of Southlake, Texas CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: o `14 "y7 NAME ADDRESS TELEPHONE AGENDA ITEM li, • SunAmerica Securities Inc. Kenneth Home Telephone (817)424 -9175 Registered Representative 1215 Ashmoore Ct. Southlake, Texas, 70092 -4602 February 18, 1997 Mr. Jeff Dunklin Editor/Publisher Southlake Progress P.O. Box 92521 Southlake, Texas 76092 Dear Mr. Dunklin: Thank you and your paper and staff for it's unbiased reporting of events that occur in Southlake. Unfortunately there was an error of omission that could be cleared up. I believe it was Keith Jackson of Espy, Houston, and Associates who told the P &Z Commission that the Kimball Ave. site was chosen because it was not in a "prime area " of Southlake. It seems that the most desirable location in Southlake for this substation is on 1709 and White's Chapel Rd. There was no mention of any compunction about building 90 ft. transmission lines there; so construction costs can't be an issue. The site is further removed from any residential area than the proposed site on Kimball. There was no suggestion from anyone on the commission that the petitioners "get with the neighbors and discuss" anything. That's understandable. After all, we the Not Ready for Primetime residents have been silently watching our city slowly turn its back on us for years We just didn't believe it. The old story of the frog in tepid water comes to mind. The thought that our part of town would not receive the same meticulous attention that has been afforded our newer developments just never occurred to us. From the Wal -Mart fiasco, to the Home - Depot /Kroger center, on down to our new City Center ,or should I say City Edge, we have been effectively mooned. To be fair, let's look at the other side of the ledger. North of 114 we do get : A. A new gas station to service all the people going out to the new racetrack in Perotville. B. A lovely new over 2 acre electrical substation to help distribute power to our grand City Edge. If they really needed this open facility, and they really looked for 3 years, how is it they missed T.W. King Rd. It couldn't be the cost. They were willing to build on 1709, and there aren't any transmission lines there either. C. Now comes Timarron; the people who said they knew and shared with us our vision of an open office park arrangement as the way to complete the "Timarron Concept ". OOPS, I forgot they sold out and now we have a new vision (with the same name to give it RECD FEB 18 1997 credibility in our community); big box retail, fast food drive -ins, and 45 ft. walls along Highland Ave. These will effectively wall in the communities that border Highland. To get the picture all you have to do is go to the back wall of Kroger, back up 58 paces and look up. Lovely isn't it? Watch our property values soar! Southlake is in a unique position. We have an opportunity to fulfill the dreams and goals of ALL of our citizens. We welcome and need commercial development; but it has to be done in a manor that will enhance our city, not devalue it. We have in us the seeds of greatness.Don't let outside interests' greed, avarice, and desire to cash in on Perotville make us merely ordinary. We know that you are trustworthy and will keep faith with us your friends, neighbors, and constituents. sincerely, Kenneth Horne ' r •CUTFLAKE CIT k k g R 1 I GMARRON 1 H WINDSOR OVERLAND < D 4 I 2 . ' GHLAND i HICKORY \ . 1 _��_ SAND HILL I Z { , p Q LIMERICK 0 1 la J Q < NIAkA/W GRAPE ARBOR 1 m BROOK �y WILDERNESS I , 0 •-�- ii RANDOL MILL 1 80UTFLAKE MARANTHA )--‘. . 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A Pork A Ailk . , \ , ' ' ..._/,..,.._- / / m MAN014 YELLOW .'� [•i:`. ai I JJ 1 (42/1100 I \ City of Southlake, Texas Certificates of Obligation Series 1997 SOURCES & USES Dated 02/15/1997 Delivered 03/18/1997 SOURCES OF FUNDS Par Amount of Bonds 59,670,000.00 Accrued Interest from 02/15/1997 to 03/18/1997 44,730.70 TOTAL SOURCES S9,714,730.70 USES OF FUNDS Original Issue Discount (OID) 28,832.20 Total Underwriter's Discount (0.775%) 74,942.50 Costs of Issuance 84,243.00 Gross Bond Insurance Premium ( 20.0 bp) 32,072.22 Deposit to Debt Service Fund 44,730.70 Rounding Amount 9,449,910.08 TOTAL USES S9,714,730.70 First Southwest Company FILE = SOUTHLKE -97 Co 2 Public Finance Department 2/18/1997 2:38 PM City of Southlake, Texas Certificates of Obligation Series 1997 DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST TOTAL P +I FISCAL TOTAL 3/18/1997 - - - - - 8/15/1997 - - - - - 9/30/1997 - - - - - 2/15/1998 45,000.00 3.750% 487,971.25 532,971.25 - 8/15/1998 243,141.88 243,141.88 9/30/1998 - - - - 776,113.13 2/15/1999 310,000.00 4.000% 243,141.88 553,141.88 - 8/15/1999 - - 236,941.88 236,941.88 - 9/30/1999 - - - - 790,083.76 2/15/2000 325;000.00 4.100% 236,941.88 561,941.88 8/15/2000 - - 230,279.38 230,279.38 - 9/30/2000 - - - - 792,221.26 2/15/2001 340,000.00 4.250% 230,279.38 570,279.38 - 8/15/2001 - - 223,054.38 223,054.38 - 9/30/2001 - 793,333.76 2/15/2002 355,000.00 4.300% 223,054.38 578,054.38 - 8/15/2002 - - 215,421.88 215,421.88 - 9/30/2002 - - - - 793,476.26 2/15/2003 375,000.00 4.400% 215,421.88 590 - 8/15/2003 - 207,171.88 207,171.88 9/30/2003 - - - - 797,593.76 2/15/2004 390,000.00 4.500% 207,171.88 597,171.88 - 8/15/2004 - - 198,396.88 198,396.88 - 9/30/2004 - - - - 795,568.76 2/15/2005 410,000.00 4.600% 198,396.88 608,396.88 8/15/2005 - - 188,966.88 188,966.88 - 9/30/2005 - - - - 797,363.76 2/15/2006 435,000.00 4.700% 188,966.88 623,966.88 - 8/15/2006 - - 178,744.38 178,744.38 - 9/30/2006 - - 802,711.26 2/15/2007 455,000.00 4.800% 178,744.38 633,744.38 - 8/15/2007 - - 167,824.38 167,824.38 - 9/30/2007 - - - - 801,568.76 2/15/2008 480,000.00 5.000% 167,824.38 647,824.38 - 8/15/2008 - 155,824.38 155,824.38 - 9/30/2008 - - - - 803,648.76 2/15/2009 505,000.00 5.125% 155,824.38 660,824.38 - 8/15/2009 - - 142,883.75 142,883.75 - 9/30/2009 - - - - 803,708.13 2/15/2010 535,000:00 5.250% 142,883.75 677,883.75 - 8/15/2010 - - 128,840.00 128,840.00 - 9/30/2010 - - - - 806,723.75 2/15/2011 565,000.00 5.300% 128,840.00 693,840.00 - 8/15/2011 - - 113,867.50 113,867.50 - 9/30/2011 807,707.50 2/15/2012 595,000.00 5.300% 113,867.50 708,867.50 - 8/15/2012 - - 98,100.00 98,100.00 - 9/30/2012 - - - - 806,967.50 2/15/2013 630,000.00 5.400% 98,100.00 728,100.00 - 8/15/2013 - 81,090.00 81,090.00 9/30/2013 - - - - 809,190.00 2/15/2014 670,000.00 5.400% 81,090.00 751,090.00 - 8/15/2014 - - 63,000.00 63,000.00 - 9/30/2014 - - - - 814,090.00 2/15/2015 705,000.00'' 5.600% 63,000.00 768,000.00' - 8/15/2015 - - 43,260.00 43,260.00 - 9/30/2015 - - - - 811,260.00 2/15/2016 750,000.00 5.600% 43,260.00 793,260.00 - 8/15/2016 - - 22 22,260.00 - 9/30/2016 815,520.00 <! First Southwest Company FILE = SOUTHLKE -97 Co 2 Public Finance Department 2/18/1997 2:38 PM City of Southlake, Texas Certificates of Obligation Series 1997 DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST TOTAL P +I FISCAL TOTAL 2/15/2017 795,000.00 5.600% 22,260.00 817,260.00 8/15/2017 - - - - 9/30/2017 - - - - 817,260.00 TOTAL 9,670,000.00 - 6,366,110.11 16,036,110.11 - YIELD STATISTICS Accrued Interest from 02/15/1997 to 03/18/1997 44,730.70 Bond Year Dollars $120,940.00 Average Life 12.507 Years Average Coupon 5.2638582% Net Interest Cost (NIC) 5.3496650% True Interest Cost (TIC) 5.3396720% Bond Yield for Arbitrage Purposes 5.2901188% All Inclusive Cost (AIC) 5.4437062% IRS FORM 8038 Net Interest Cost 5.3063775% Weighted Average Maturity 12.413 Years First Southwest Company FILE = SOUTHLKE -97 Co 2 Public Finance Department 2/18/1997 2:38 PM CITY OF SOUTHLAKE, TEXAS Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation Series 1997 Pricing Summary February 18, 1997 BancAmerica Securities, Inc. THE CITY OF SOUTHLAKE, TEXAS Table of Contents SECTION TAB Issue A - Preliminary Official Statement Debt Structure B - Sources and Uses of Funds - Debt Service Schedule Pricing Details C - Initial Pricing Wire - Final Pricing Wire Investment Services Research Report D Daily Market Summary E Articles F PRELIMINARY OFFICIAL STATEMENT CD CD 0 Y Dated February 10, 1997 Ratings: `s L Moody's: Applied For a " = S &P: Applied For m (5) t See ( "Other Information C ° m ' NEW ISSUE - Book- Entry -Only Ratings" herein) � ° In the opinion of Bond Counsel, interest on the Certificates will be excludable from gross income for federal income tax ° purposes under existing law, subject to the matters described under "Tax Exemption" herein, including the alternative minimum ° tax on corporations. 0 o3 N o THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX - EXEMPT OBLIGATIONS" FOR FINANCIAL S = INSTITUTIONS ° N t ° $9,670,000 E o Y CITY OF SOUTHLAKE, TEXAS ° (Tarrant and Denton Counties) TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE s CERTIFICATES OF OBLIGATION, SERIES 1997 ° o Due: Februar 15 as shown on inside cover °; � Dated Date: February 15,1997 Y ra PAYMENT TERMS ... Interest on the $9,670,000 City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Q Pledge) Revenue Certificates of Obligation, Series 1997 (the "Certificates ") will accrue from the dated date shown above, will E ° o be payable February 15 and August 15 of each year commencing February 15, 1998, and will be calculated on the basis of a = 360 -day year consisting of twelve 30 -day months. The definitive Certificates will be initially registered and delivered only to V ( Cede & Co., the nominee of The Depository Trust Company ( "DTC ") pursuant to the Book - Entry-Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No c o, physical delivery of the Certificates will be made to the owners thereof. Principal of, premium, if any, and interest on the ° ° C ertificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to L r 2 the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "The Certificates - ~ E o Book- Entry-Only System" herein. The initial Paying Agent/Registrar is Texas Commerce Bank N.A., Dallas, Texas (see "The z Certificates - Paying Agent/Registrar"). ) — 3 AUTHORITY FOR ISSUANCE ... The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, E 5 12 (the "State ") particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of o o ° 1971), as amended, and constitute direct obligations of the City of Southlake, Texas (the "City"), payable from a combination of z (i) the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property S within the City, and (ii) a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer E o System, as provided in the ordinance authorizing the Certificates (the "Ordinance ") (see "The Certificates - Authority for E 3 Issuance "). °a N PURPOSE ... Proceeds from the sale of the Certificates will be used for (i) improvements and extensions to water and sewer h facilities; (ii) street and drainage improvements; (iii) improvements to municipal buildings; (iv) the purchase of materials, equipment and machinery for various city departments; and (v) paying the costs associated with the issuance of the Certificates. S = x a E a> SEE MATURITY SCHEDULE ON REVERSE OF THIS PAGE ° C 0 0 C 0 REDEMPTION OPTION ... The City reserves the right, at its option, to redeem Certificates having stated maturities on and after S 3 February 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2006 or E — any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Certificates - Optional o Redemption "). g_ -= a) LEGALITY ... The Certificates are offered for delivery when, as and if issued and received by the Underwriters and subject to the approving opinion of the Attorney General of Texas and the opinion of Fulbright & Jaworski L.L.P., Bond Counsel, Dallas, Texas (see Appendix C, "Form of Bond Counsel's Opinion "). Certain legal matters will also be passed upon for the Underwriters by McCall, Parkhurst & Horton L.L.P., Dallas, Texas. E a ; DELIVERY ... It is expected that the Certificates will be available for delivery through The Depository Trust Company on March 18, 1997. E ° a) d O tn t L, T _ BANCAMERICA SECURITIES, INC. O �? ° _ E CD CD NOIN y ESTRADA HINOJOSA & COMPANY, INC. Na to 41111 - MATURITY SCHEDULE Price Price or or Amount Maturity Rate Yield Amount Maturity Rate Yield $ 45,000 1998 $ 480,000 2008 r 310,000 1999 505,000 2009 325,000 2000 535,000 2010 340,000 2001 565,000 2011 355,000 2002 595,000 2012 ' 375,000 2003 630,000 2013 390,000 2004 670,000 2014 410,000 2005 705,000 2015 435,000 2006 750,000 2016 455,000 2007 795,000 2017 (Accrued Interest from February 15, 1997 to be added) row pot 2 This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale. No dealer, broker, salesperson or other person has been authorized to give 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. The information set forth herein has been obtained from the City and other sources believed to be reliable, but such information is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee of the Financial Advisor. This Official Statement contains, in part, estimates and matters of opinion which are not intended as statements of fact, and no representation is made as to the correctness of such estimates and opinions, or that they will be realized. The information and expressions of opinion contained herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described. TABLE OF CONTENTS LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE OFFICIAL STATEMENT SUMMARY 4 PUBLIC FUNDS IN TEXAS 25 CITY OFFICIALS, STAFF AND CONSULTANTS 6 LEGAL OPINIONS AND No- LITIGATION CERTIFICATE.. 25 ELECTED OFFICIALS 6 AUTHENTICITY OF FINANCIAL DATA AND OTHER SELECTED ADMINISTRATIVE STAFF 6 INFORMATION 26 CONSULTANTS AND ADVISORS 6 CONTINUING DISCLOSURE OF INFORMATION 26 FINANCIAL ADVISOR 27 INTRODUCTION 7 UNDERWRITING 27 THE CERTIFICATES 7 APPROVAL OF OFFICIAL STATEMENT 27 TAX INFORMATION 11 APPENDICES TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL GENERAL INFORMATION REGARDING THE CITY A OBLIGATION DEBT 13 EXCERPTS FROM THE ANNUAL FINANCIAL REPORT .. B TABLE 2 - TAXABLE ASSESSED VALUATIONS BY FORM OF BOND COUNSELS OPINION C CATEGORY 14 TABLE 3 - VALUATION AND GENERAL OBLIGATION The cover page hereof, this page, the appendices included DEBT HISTORY 15 herein and any addenda, supplement or amendment hereto, TABLE 4 - TAX RATE, LEVY AND COLLECTION are part of the Official Statement. HISTORY 15 TABLE 5 - TEN LARGEST TAXPAYERS 15 TABLE 6 - TAX ADEQUACY 16 TABLE 7 - ESTIMATED OVERLAPPING DEBT 16 DEBT INFORMATION 17 TABLE 8 - PRO -FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS 17 TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION 17 TABLE 10 - COMPUTATION OF SELF - SUPPORTING DEBT 17 TABLE 11 - OTHER OBLIGATIONS 18 FINANCIAL INFORMATION 19 TABLE 12 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY 19 TABLE 13 - MUNICIPAL SALES TAX HISTORY 20 TABLE 14 - CURRENT INVESTMENTS 22 TAX MATTERS 23 OTHER INFORMATION 25 RATINGS 25 LITIGATION 25 REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE 25 3 OFFICIAL STATEMENT SUMMARY This summary is subject in all respects to the more complete information and definitions contained or incorporated in this Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Official Statement. No person is authorized to detach this summary from this Official Statement or to otherwise use it without the entire Official Statement. THE CITY The City of Southlake is a political subdivision and municipal corporation of the State, located in Tarrant and Denton Counties, Texas. The City covers approximately 23 square miles (see "Introduction - Description of City"). THE CERTIFICATES The Certificates are issued as $9,670,000 Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997. The Certificates are issued as serial certificates maturing February 15, 1998 through February 15, 2017 (see "The Certificates - Description of the Certificates "). PAYMENT OF INTEREST Interest on the Certificates accrues from February 15, 1997, and is payable February 15, 1998, and each February 15 and August 15, thereafter until maturity or prior redemption (see "The Certificates - Description of the Certificates" and "The Certificates - Optional Redemption "). AUTHORITY FOR ISSUANCE The Certificates are issued pursuant to the general laws of the State, particularly Subchapter C of Chapter 271, Texas Local Govemment Code (the Certificate of Obligation Act of 1971), as amended, and an Ordinance passed by the City Council of the City (see "The Certificates - Authority for Issuance "). SECURITY FOR THE CERTIFICATES The Certificates constitute direct obligations of the City, payable from a combination of (i) the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property within the City, and (ii) a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer System (see "The Certificates - Security and Source of Payment "). OPTIONAL REDEMPTION The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2006, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Certificates - Optional Redemption "). TAX EXEMPTION In the opinion of Bond Counsel, the interest on the Certificates will be excludable from gross income for federal income tax purposes under existing law, subject to the matters described under the caption "Tax Matters" herein, including the alternative minimum tax on corporations. USE OF PROCEEDS Proceeds from the sale of the Certificates will be used for (i) improvements and extensions to water and sewer facilities; (ii) street and drainage improvements; (iii) improvements to municipal buildings; (iv) the purchase of materials, equipment and machinery for various city departments; and (v) paying the costs associated with the issuance of the Certificates. RATINGS The presently outstanding tax supported debt of the City is rated "A" by Moody's Investors Service, Inc. ( "Moody's ") and "A" by Standard & Poor's Ratings Services, A Division of The McGraw -Hill Companies, Inc. ( "S &P "). The City also has twelve issues outstanding which are rated "Aaa" by Moody's and "AAA" by S &P through insurance by various commercial insurance companies. Application for contract ratings on the Certificates have been made to Moody's and S &P (see "Other Information - Ratings "). 4 BOOK - ENTRY -ONLY SYSTEM The definitive Certificates will be initially registered and delivered only to Cede & Co., the nominee of DTC pursuant to the Book - Entry-Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Certificates will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates (see "The Certificates - Book- Entry-Only System ") . PAYMENT RECORD The City has never defaulted in payment of its general obligation tax debt. SELECTED FINANCIAL INFORMATION Ratio G.O. Fiscal Per Capita Per Tax Debt Year Estimated Taxable Taxable General Capita to Taxable % of Ended City Assessed Assessed Obligation G. 0. Tax Assessed Total Tax 9/30 Population Valuation Valuation Tax Debt Debt Valuation Collections 1993 8,700 619,564,581 71,214 11,186,137 1,286 1.81% 104.41% 1994 10,400 685,069,698 65,872 18,076,137 1,738 2.64% 103.88% 1995 12,750 821,386,985 64,423 24,196,137 1,898 2.95% 102.49% 1996 (2) 14,195 1,064,449,048 74,988 25,946,137 1,828 2.44% 101.87% 1997 (3) 16,235 1,309,488,163 80,658 34,561,137 2,129 2.64% N/A (1) Source: North Central Texas Council of Governments and the City Staff. (2) Preliminary figures furnished by the City Staff. (3) Projected. Includes the Certificates. GENERAL FUND CONSOLIDATED STATEMENT SUMMARY Fiscal Year Ended September 30 1996 0) 1995 1994 1993 1992 Beginning Balance $ 1,689,295 $ 2,059,031 $ 1,521,101 $ 1,136,448 $ 875,223 Total Revenue 8,474,051 6,375,681 5,587,324 4,678,980 3,907,393 Total Expenditures 8,166,749 7,040,649 5,774,667 4,453,773 3,836,342 Net Transfers 308,866 318,860 725,273 159,446 190,174 Other Miscellaneous Adjust. - (23,628) - - - Net Funds Available 616,168 (369,736) 537,930 384,653 261,225 Ending Balance $ 2,305,463 $ 1,689,295 $ 2,059,031 $ 1,521,101 $ 1,136,448 (1) Preliminary, unaudited figures furnished by the City Staff. For additional information regarding the City, please contact: Mr. Curtis E. Hawk Mr. James S. Sabonis Ms. Lou Ann Heath Mr. Jeff W. Robert City of Southlake or First Southwest Company 667 N. Carroll Avenue 1700 Pacific Avenue Southlake, Texas 76092 Suite 500 (817) 481 -5581 Dallas, Texas 75201 (214) 953 -4000 5 CITY OFFICIALS, STAFF AND CONSULTANTS ELECTED OFFICIALS Length of Term City Council Service Expires Occupation Rick Stacy 1 Year 5 / 97 Owner, Furniture Store Mayor W. Ralph Evans 1 Year 5 / 99 Insurance Mayor Pro Tem Pamela Muller 2 Years 5 / 98 Community Volunteer Deputy Mayor Pro Tem Wayne Moffat 1 Year 5 / 97 Firefighter Councilmember David Harris 1 Year 5 / 98 Attorney Councilmember Gary Fawks 1 Year 5 / 98 Sales Councilmember Scott Martin 1 Year 5 / 99 Architect Councilmember SELECTED ADMINISTRATIVE STAFF Length of Name Position Service Curtis E. Hawk City Manager 8 Years Lou Ann Heath Director of Finance 6 Years Sandra L. LeGrand City Secretary 19 Years CONSULTANTS AND ADVISORS Auditors Weaver and Tidwell L.L.P. Dallas, Texas Engineers Cheatham & Associates Arlington, Texas Bond Counsel Fulbright & Jaworski L.L.P. Dallas, Texas Financial Advisor First Southwest Company Dallas, Texas 6 OFFICIAL STATEMENT RELATING TO $9,670,000 CITY OF SOUTHLAKE, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997 INTRODUCTION This Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of $9,670,000 City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997. Capitalized terms used in this Official Statement have the same meanings assigned to such terms in the Ordinance to be adopted on the date of sale of the Certificates which will authorize the issuance of the Certificates, except as otherwise indicated herein. There follows in this Official Statement descriptions of the Certificates and certain information regarding the City and its finances. All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such document. Copies of such documents may be obtained from the City's Financial Advisor, First Southwest Company, Dallas, Texas. DESCRIPTION OF THE CITY ... The City is a political subdivision and municipal corporation of the State, duly organized and existing under the laws of the State, including the City's Home Rule Charter. The City first adopted its Home Rule Charter in 1987. The City operates under a Council/Manager form of government with a City Council comprised of the Mayor and six Councilmembers who are elected for staggered three -year terms. The City Council formulates operating policy for the City while the City Manager is the chief administrative officer. Some of the services that the City provides are: public safety (police and fire protection), highways and streets, electric, water and sanitary sewer utilities, health and social services, culture- recreation, public transportation, public improvements, planning and zoning, and general administrative services. The 1990 Census population for the City was 7,065, while the estimated 1997 population is 16,235. The City covers approximately 23 square miles. THE CERTIFICATES DESCRIPTION OF THE CERTIFICATES ... The Certificates are dated February 15,1997, and mature on February 15 in each of the years and in the amounts shown on the cover page hereof. Interest will be computed on the basis of a 360 -day year of twelve 30- day months, and will be payable on February 15 and August 15, commencing February 15, 1998. The definitive Certificates will be issued only in fully registered form in any integral multiple of $5,000 for any one maturity and will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company ( "DTC ") pursuant to the Book - Entry-Only System described herein. No physical delivery of the Certificates will be made to the owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "Book- Entry-Only System" herein. AUTHORITY FOR ISSUANCE . ..The Certificates are being issued pursuant to the Constitution and general laws of the State of Texas, particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as amended, and the Ordinance. SECURITY AND SOURCE OF PAYMENT ... All taxable property within the City is subject to a continuing direct annual ad valorem tax levied by the City sufficient to provide for the payment of principal of and interest on all obligations payable in whole or in part from ad valorem taxes, which tax must be levied within limits prescribed by law. Additionally, the Certificates are payable from and secured by a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer System, as provided in the Ordinance authorizing the Certificates. TAX RATE LIMITATION ... All taxable property within the City is subject to the assessment, levy and collection by the City of a continuing, direct annual ad valorem tax sufficient to provide for the payment of principal of and interest on all ad valorem tax debt within the limits prescribed by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum ad valorem tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. The Home Rule Charter of the City adopts the constitutionally authorized maximum tax rate of $2.50 per $100 Taxable Assessed Valuation. OPTIONAL REDEMPTION ... The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2006, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If less than all of the Certificates are to be redeemed, the City may select the maturities of Certificates to be redeemed. If less than all the Certificates 7 of any maturity are to be redeemed, the Paying Agent/Registrar (or DTC while the Certificates are in Book - Entry-Only form) shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. If a Certificate (or any portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable on such redemption date and interest thereon shall cease to accrue from and after the redemption date, provided funds for the payment of the redemption price and accrued interest thereon are held by the Paying Agent/Registrar on the redemption date. NOTICE OF REDEMPTION ... Not less than 30 days prior to a redemption date for the Certificates, the City shall cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Certificates to be redeemed, in whole or in part, at the address of the registered owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the business day next preceding the date of mailing such notice. ANY NOTICE SO MAILED SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN, WHETHER OR NOT THE REGISTERED OWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE CERTIFICATES CALLED FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND NOTWITHSTANDING THAT ANY CERTIFICATE OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYMENT, INTEREST ON SUCH CERTIFICATE OR PORTION THEREOF SHALL CEASE TO ACCRUE. BOOK - ENTRY -ONLY SYSTEM . . . The Depository Trust Company ( "DTC "), New York, New York, will act as securities depository for the Certificates. The Certificates will be issued as fully- registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully- registered certificate will be issued for each maturity of the Certificates in the aggregate principal amount of each such maturity and will be deposited with DTC. DTC is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book -entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Certificates under the DTC system must be made by or through DTC Participants, which will receive a credit for such purchases on DTC's records. The ownership interest of each actual purchaser of each Certificate ("Beneficial Owner ") is in turn to be recorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Certificates are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Certificates, except in the event that use of the book -entry system described herein is discontinued. To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Certificates with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Certificates are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Neither DTC nor Cede & Co. will consent or vote with respect to the Certificates. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the Record Date (hereinafter defined). The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Certificates are credited on the Record Date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Certificates will be made to DTC. DTC's practice is to credit Direct Participants' accounts on each payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on such payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered 8 in "street name," and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the City, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Certificates at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Certificates will be printed and delivered. Use of Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it should be understood that while the Certificates are in the Book - Entry-Only System, references in other sections of this Official Statement to registered owners should be read to include the person for which the Participant acquires an interest in the Certificates, but (i) all rights of ownership must be exercised through DTC and the Book - Entry-Only System, and (ii) except as described above, notices that are to be given to registered owners under the Ordinance will be given only to DTC. Information concerning DTC and the Book - Entry-Only System has been obtained from DTC and is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by the City or the Purchasers. PAYING AGENT /REGISTRAR . . . The initial Paying Agent/Registrar is Texas Commerce Bank N.A., Dallas, Texas. In the Ordinance, the City retains the right to replace the Paying Agent /Registrar. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are duly paid and any successor Paying Agent/Registrar shall be a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar for the Certificates. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of the Certificates by United States mail, first class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. TRANSFER, EXCHANGE AND REGISTRATION . . In the event the Book - Entry-Only System should be discontinued, the Certificates may be transferred and exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender thereof to the Paying Agent/Registrar and such transfer or exchange shall be without expense or service charge to the registered owner, except for any tax or other governmental charges required to be paid with respect to such registration, exchange and transfer. Certificates may be assigned by the execution of an assignment form on the respective Certificates or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. New Certificates will be delivered by the Paying Agent/Registrar, in lieu of the Certificates being transferred or exchanged, at the principal office of the Paying Agent/Registrar, or sent by United States mail, first class, postage prepaid, to the new registered owner or his designee. To the extent possible, new Certificates issued in an exchange or transfer of Certificates will be delivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of the Certificates to be canceled, and the written instrument of transfer or request for exchange duly executed by the registered owner or his duly authorized agent, in form satisfactory to the Paying Agent /Registrar. New Certificates registered and delivered in an exchange or transfer shall be in any integral multiple of $5,000 for any one maturity and for a like aggregate principal amount as the Certificates surrendered for exchange or transfer. See "Book- Entry-Only System" herein for a description of the system to be utilized initially in regard to ownership and transferability of the Certificates. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of the uncalled balance of a Certificate. RECORD DATE FOR INTEREST PAYMENT ... The record date ( "Record Date ") for the interest payable on the Certificates on any interest payment date means the close of business on the last business day of the preceding month. In the event of a non - payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest ( "Special Payment Date ", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. BONDHOLDERS' REMEDIES ... The Ordinance does not establish specific events of default with respect to the Certificates. Under State law there is no right to the acceleration of maturity of the Certificates upon the failure of the City to observe any covenant under the Ordinance. Although a registered owner of Certificates could presumably obtain a judgment against the City if a default occurred in the payment of principal of or interest on any such Certificates, such judgment could not be satisfied by 9 execution against any property of the City. Such registered owner's only practical remedy, if a default occurs, is a mandamus or mandatory injunction proceeding to compel the City to levy, assess and collect an annual ad valorem tax sufficient to pay principal of an interest on the Certificates as it becomes due. The enforcement of any such remedy may be difficult and time consuming and a registered owner could be required to enforce such remedy on a periodic basis. The Ordinance does not provide for the appointment of a trustee to represent the interests of the bondholders upon any failure of the City to perform in accordance with the terms of the Ordinance, or upon any other condition. Furthermore, the City is eligible to seek relief from its creditors under Chapter 9 of the U.S. Bankruptcy Code. Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, the pledge of taxes in support of a general obligation of a bankrupt entity is not specifically recognized as a security interest under Chapter 9. Chapter 9 also includes an automatic stay provision that would prohibit, without Bankruptcy Court approval, the prosecution of any other legal action by creditors or bondholders of an entity which has sought protection under Chapter 9. Therefore, should the City avail itself of Chapter 9 protection from creditors, the ability to enforce would be subject to the approval of the Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to the enforceability of the Ordinance and the Certificates are qualified with respect to the customary rights of debtors relative to their creditors. USE OF CERTIFICATE PROCEEDS ... Proceeds from the sale of the Certificates are expected to be expended as follows: Certificates Deposit to Project Fund $ Deposit to Interest & Sinking Fund Underwriters Discount Original Issue Discount Bond Insurance Other Costs of Issuance Total $ 10 TAX INFORMATION AD VALOREM TAx LAW ... The appraisal of property within the City is the responsibility of the Tarrant County Appraisal District (the "Appraisal District "). Excluding agricultural and open -space land, which may be taxed on the basis of productive capacity, the Appraisal District is required under the Property Tax Code to appraise all property within the Appraisal District on the basis of 100% of its market value and is prohibited from applying any assessment ratios. The value placed upon property within the Appraisal District is subject to review by an Appraisal Review Board, consisting of three members appointed by the Board of Directors of the Appraisal District. The Appraisal District is required to review the value of property within the Appraisal District at least every three years. The City may require annual review at its own expense, and is entitled to challenge the determination of appraised value of property within the City by petition filed with the Appraisal Review Board. Reference is made to the V.T.C.A., Property Tax Code, for identification of property subject to taxation; property exempt or which may be exempted from taxation, if claimed; the appraisal of property for ad valorem taxation purposes; and the procedures and limitations applicable to the levy and collection of ad valorem taxes. Article VIII of the State Constitution ( "Article VIII ") and State law provide for certain exemptions from property taxes, the valuation of agricultural and open -space lands at productivity value, and the exemption of certain personal property from ad valorem taxation. Under Section 1 -b, Article VIII, and State law, the governing body of a political subdivision, at its option, may grant: (1) An exemption of not less than $3,000 of the market value of the residence homestead of persons 65 years of age or older and the disabled from all ad valorem taxes thereafter levied by the political subdivision; (2) An exemption of up to 20% of the market value of residence homesteads. The minimum exemption under this provision is $5,000. State law and Section 2, Article VIII, mandate an additional property tax exemption for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces; the exemption applies to either real or personal property with the amount of assessed valuation exempted ranging from $5,000 to a maximum of $12,000. Article VIII provides that eligible owners of both agricultural land (Section 1 -d) and open -space land (Section 1 -d -1), including open -space land devoted to farm or ranch purposes or open -space land devoted to timber production, may elect to have such property appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both Section 1 -d and 1 -d -1. Nonbusiness personal property, such as automobiles or light trucks, are exempt from ad valorem taxation unless the governing body of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorem taxation. Article VIII, Section 1-j, provides for "freeport property" to be exempted from ad valorem taxation. Freeport property is defined as goods detained in Texas for 175 days or less for the purpose of assembly, storage, manufacturing, processing or fabrication. Decisions to continue to tax may be reversed in the future; decisions to exempt freeport property are not subject to reversal. The City and the other taxing bodies within its territory may agree to jointly create tax increment financing zones, under which the tax values on property in the zone are "frozen" at the value of the property at the time of creation of the zone. The City also may enter into tax abatement agreements to encourage economic development. Under the agreements, a property owner agrees to construct certain improvements on its property. The City in turn agrees not to levy a tax on all or part of the increased value attributable to the improvements until the expiration of the agreement. The abatement agreement could last for a period of up to 10 years. EFFECTIVE TAX RATE AND ROLLBACK TAX RATE . . . By each September 1 or as soon thereafter as practicable, the City Council adopts a tax rate per $100 taxable value for the current year. The tax rate consists of two components: (1) a rate for funding of maintenance and operation expenditures, and (2) a rate for debt service. Under the Property Tax Code, the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate ". The City Council may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103% of the effective tax rate until it has held a public hearing on the proposed increase following notice to the taxpayers and otherwise complied with the Property Tax Code. If the adopted tax rate exceeds the rollback tax rate the qualified voters of the City by petition may require that an election be held to determine whether or not to reduce the tax rate adopted for the current year to the rollback tax rate. "Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values (adjusted). "Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included in this year's taxable values. "Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted) divided by the anticipated tax collection rate. 11 The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize an additional one -half cent sales tax on retail sales of taxable items. If the additional tax is levied, the effective tax rate and the rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year. Reference is made to the Property Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the calculation of the various defined tax rates. PROPERTY ASSESSMENT AND TAX PAYMENT ... Property within the City is generally assessed as of January 1 of each year. Business inventory may, at the option of the taxpayer, be assessed as of September. Taxes become due October 1 of the same year, and become delinquent on February 1 of the following year. Taxpayers 65 years old or older are permitted by State law to pay taxes on homesteads in four installments with the first due on February 1 of each year and the final installment due on August 1. PENALTIES AND INTEREST ... Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows: Cumulative Cumulative Month Penalty Interest Total February 6% 1% 7% March 7 2 9 April 8 3 11 May 9 4 13 June 10 5 15 July 12 6 18 After July, penalty remains at 12 %, and interest increases at the rate of 1% each month. In addition, if an account is delinquent in July, a 15% attorney's collection fee is added to the total tax penalty and interest charge. Under certain circumstances, taxes which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with no additional penalties or interest assessed. In general, property subject to the City's lien may be sold, in whole or in parcels, pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and interest against an estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities, including governmental units, goes into effect with the filing of any petition in bankruptcy. The automatic stay prevents governmental units from foreclosing on property and prevents liens for post - petition taxes from attaching to property and obtaining secured creditor status unless, in either case, an order lifting the stay is obtained from the bankruptcy court. In many cases post - petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court. CITY APPLICATION OF TAX CODE ... The City grants an exemption to the market value of the residence homestead of persons 65 years of age or older of $50,000, the disabled are also granted an exemption of $50,000. The City has not granted any party the additional exemption of up to 20% of the market value of residence homesteads; minimum exemption of $5,000. See Table 1 for a listing of the amounts of the exemptions described above. Ad valorem taxes are not levied by the City against the exempt value of residence homesteads for the payment of debt. The City does not tax nonbusiness personal property; and Tarrant County collects taxes for the City. The City does allow permit split payments of taxes, and discounts for early payment of taxes are not allowed. The City does not tax freeport property. The City does not collect the additional one -half cent sales tax for reduction of ad valorem taxes. The City has adopted a tax abatement policy, and reviews applications for abatements on a case by case basis. 12 TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT 1996/97 Market Valuation Established by Tarrant County Appraisal District $1,376,438,373 (excluding totally exempt property) Less Exemptions/Reductions at 100% Market Value: Residential Homestead Exemptions $12,469,593 Disabled Veterans 421,500 Agricultural Use Reductions 54,059,117 66,950,210 1996/97 Taxable Assessed Valuation $ 1,309,488,163 General Obligation Debt Payable from Ad Valorem Taxes (as of 12/31/90 General Obligation Debt $25,946,137 The Certificates 9,670,000 General Obligation Debt Payable from Ad Valorem Taxes $35,616,137 Less: Self Supporting Debt (2) Water and Sewer System General Obligation Debt $5,510,000 Net General Obligation Debt Payable from Ad Valorem Taxes $30,106,137 General Obligation Interest and Sinking Fund as of 1/31/97 $1,261,997 Ratio General Obligation Tax Debt to Taxable Assessed Valuation 2.30% 1997 Estimated Population - 16,235 Per Capita Taxable Assessed Valuation - $80,658 Per Capita Net General Obligation Debt Payable from Ad Valorem Taxes - $1,854 (1) The above statement of indebtedness does not include currently outstanding $366,000 revenue bonds, as these bonds are payable solely from the net revenues of the Waterworks and Sewer System (the "System "), as defined in the ordinances authorizing the bonds. (2) General obligation debt in the amounts shown for which repayment is provided from revenues of the respective revenue systems. The amount of self supporting debt is based on the percentages of revenue support as shown in Table 10. It is the City's current policy to provide these payments from respective system revenues; this policy is subject to change in the future. 13 TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY Taxable Appraised Value for Fiscal Year Ended September 30, 1997 ( 2) 1996 1995 of %of %ot Category Amount Total Amount Total Amount Total Real, Residential, Single - Family $ 927,115,146 66.91% - $ - W7 66.60% $ 577,696,109 64.37% Real, Residential, Multi - Family 658,700 0.05% 561,500 0.05% 614,200 0.07% Real, Vacant Lots/Tracts 85,420,513 6.16% 55,009,903 4.81% 57,685,194 6.43% Real, Acreage (Land Only) 104,823,268 7.56% 100,812,646 8.82% 91,554,754 10.20% Real, Farm and Ranch Improvements 35,600,458 2.57% 34,673,059 3.03% 33,596,522 3.74% Real, Commercial 85,587.491 6.18% 66,209,220 5.79% 54,294,403 6.05% Real, Industrial 3,028,765 0.22% 2,940,720 0.26% 2,917,596 0.33% Real and Tangible Personal, Utilities 24,694,474 1.78% 21,306,442 1.86% 19,493,995 2.17% Tangible Personal, Commercial 75,433,951 5.44% 70,206,281 6.14% 46,391,044 5.17% Tangible Personal, Industrial 2,293,240 0.17% 2,173,982 0.19% 2.890,595 0.32% Tangible Personal, Mobile Homes 284,206 0.02% 338,465 0.03% 368,436 0.04% Real Property, Inventory 40,755,167 2.94% 27,416,400 2.40% 9,999,760 1.11% Total Appraised Value Before Exemptions $ 1,385,695,379 100.00% $ 1,142,672,795 100.00% $ 897,502.608 100.00% Less: Total Exemptions/Reductions 76,207,216 85,058,184 75.165,337 Taxable Assessed Value $ 1,309,488,163 $ 1,057,614,611 $ 822,337,271 Taxable Appraised Value for Fiscal Year Ended September 30, 1994 1993 %of %of Category Amount Total Amount Total Real, Residential, Single- Family $ 426,027,224 55.54% $ 351,986,570 50.14% Real, Residential, Multi - Family 658,833 0.09% 658,833 0.09% Real, Vacant Lots/Tracts 45,148,647 5.89% 56,672.267 8.07% Real, Acreage (Land Only) 108,806,557 14.18% 117,937,875 16.80% Real, Farm and Ranch Improvements 30,412,430 3.96% 32,478,408 4.63% Real, Commercial 58,096,250 7.57% 54,841,649 7.81% Real, Industrial 2,741,714 0.36% 3,320,610 0.47% Real and Tangible Personal, Utilities 18,153,968 2.37% 13,867,224 1.98% Tangible Personal, Commercial 51,498,065 6.71% 53,675,164 7.65% Tangible Personal, Industrial 3,079,770 0.40% 3,262,097 0.46% Tangible Personal, Mobile Homes 455,118 0.06% 448,175 0.06% Real Property, Inventory 22,007,436 2.87% 12,806,222 1.82% Total Appraised Value Before Exemptions $ 767,086,012 100.00% $ 701,955,094 100.00% Less: Total Exemptions/Reductions 84,528,251 86,017,191 Taxable Assessed Value $ 682,557,761 $ 615,937,903 NOTE: Valuations shown are certified taxable assessed values reported by the Tarrant County Appraisal District to the State Controller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and the Appraisal District updates records. (1) Previous years as stated on the State Property Tax Board Report at the beginning of the Tax Year. Any difference between .. these figures and the final Taxable Assessed Valuations are due to adjustments and corrections to the respective tax rolls. (2) Taxable Assessed Valuation includes cases in arbitration equal to $9,257,006. 14 TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY G.O. Ratio of Fiscal Taxable Tax Debt G.O. Tax Debt G.O. Tax Year Taxable Assessed Outstanding to Taxable Debt Ended Estimated Assessed Valuation at End Assessed Per 9/30 Population Valuation (2) Per Capita of Year Valuation Capita 1993 8,700 $619,564,581 (3) $71,214 $11,186,137 1.81% $1,286 1994 10,400 685,069,698 (3) 65,872 18,076,137 2.64% 1,738 1995 12,750 821,386,985 64,423 24,196,137 2.95% 1,898 1996 14,195 1,064,449,048 74,988 25,946,137 2.44% 1,828 1997 16,235 1,309,488,163 80,658 34,561,137 (4) 2.64% 2,129 (1) Source: North Central Texas Council of Governments and City Staff. (2) As reported by the Tarrant County Appraisal District on the City's Annual State Property Tax Board Reports; subject to change during ensuing year. (3) Revaluation. (4) Projected. Includes the Certificates. TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY Fiscal Interest Year and Ended Tax General Sinking % Current % Total 9/30 Rate Fund Fund Tax Levy Collections Collections 1993 $ 0.4550 $ 0.3223 $ 0.1327 3,914,196 97.74% 104.41% 1994 0.4550 0.3013 0.1537 3,077,688 99.17% 103.88% 1995 0.4490 0.2729 0.1762 3,688,030 98.64% 102.49% 1996 0.4220 0.2629 0.1592 4,526,038 98.06% 101.87% 1997 (1) 0.4220 0.2496 0.1724 5,517,334 49.82% (2) 51.29% (2) (1) Preliminary figures furnished by the City Staff. (2) Collections for part year only, through December, 1996. TABLE 5 - TEN LARGEST TAXPAYERS 1996 / 97 % of Total Taxable Taxable Assessed Assessed Name of Taxpayer Nature of Property Valuation Valuation MTP -IBM Phase II & III JV Office Building $ 23,828,848 1.82 % IBM Corporation Office Buildings 19,799,338 1.51 Walmart Stores, Inc. Retail 14,495,445 1.11 Texas Utilities Electric Electric Utility 12,478,750 0.95 Anderson Industries, Inc. Manufacturer 9,523,712 0.73 T & M Southlake Dev. Co. Real Estate 5,805,244 0.44 Crossroads Square Ltd. Retail 5,405,353 0.41 Darr Equipment Co. Office Buildings 4,800,000 0.37 Southlake JV Real Estate 4,270,000 0.33 General Telephone Co. of SW Telephone Utility 4,121,459 0.31 $ 104,528,149 7.98 % GENERAL OBLIGATION DEBT LIMITATION ... No general obligation debt limitation is imposed on the City under current State law or the City's Home Rule Charter (see "Tax Rate Limitation "). 15 TABLE 6 - TAX ADEQUACY 1997 Principal and Interest Requirements $2,020,293 $0.15584 Tax Rate at 99% Collection Produces $2,020,293 Average Annual Principal and Interest Requirements, 1997 -2017 $2,108,847 $0.16270 Tax Rate at 99% Collection Produces $2,109,232 Maximum Principal and Interest Requirements, 1998 $2,824,292 $0.21786 Tax Rate at 99% Collection Produces $2,824,322 TABLE 7 - ESTIMATED OVERLAPPING DEBT Expenditures of the various taxing entities within the territory of the City are paid out of ad valorem taxes levied by such entities on properties within the City. Such entities are independent of the City and may incur borrowings to finance their expenditures. This statement of direct and estimated overlapping ad valorem tax bonds ( "Tax Debt ") was developed from information contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for the amounts relating to the City, the City has not independently verified the accuracy or completeness of such information, and no person should rely upon such information as being accurate or complete. Furthermore, certain of the entities listed may have issued additional bonds since the date hereof, and such entities may have programs requiring the issuance of substantial amounts of additional bonds, the amount of which cannot be determined. The following table reflects the estimated share of overlapping Tax Debt of the City. City's 1996/97 Overlapping Taxable 1996/97 Total Estimated G.O. Assessed Tax G.O. Tax % Tax Debt Taxing Jurisdiction Value Rate Debt Applicable As of 12/31/96 City ofSouthlake $1,309,488,163 0.4220 $35,616,137 (I 100.00% $35,616,137 Denton County 13,127,273,682 0.2669 58,845,000 0.04% 23,538 Tarrant County 47,411,875,822 0.2648 149,355,000 1.21% 1,807,196 Carroll Independent School District 1,447,813,024 1.7400 54,980,254 65.58% 36,056,051 Grapevine - Colleyville Independent School District 4,790,773,567 1.5378 135,782,480 0.80% 1,086,260 Keller Independent School District 1,930,484,802 1.5000 114,779,319 3.75% 4,304,224 Northwest Independent School District 899,391,491 1.6293 24,719,460 0.68% 168,092 Tarrant County Hospital District 47,462,011,277 0.2341 46,789,987 1.21% 566,159 Tarrant County Junior College District 47,818,163,857 0.0577 99,880,000 1.21% 1,208,548 Total Direct and Overlapping G. O. Tax Debt 79,627,657 Ratio of Direct and Overlapping G. O. Tax Debt to Taxable Assessed Valuation 6.08% Per Capita Overlapping G. O. Tax Debt 5,610 (1) Includes the Certificates. 16 DEBT INFORMATION TABLE 8 - PRO -FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS Total Fiscal Less: Self Debt % of Year Ending Outstanding Debt This $9,670,000 Issue Grand Total Supporting Service Principal 9/30 Principal Interest Total Principal Interest Total Requirements W &S Debt Requirements Retired 1997 $ 1,055,000 $ 1,550,066 $ 2,605,066 $ 2,605,066 $ 584,773 $ 2,020,293 1998 1,310,000 1,417,365 2,727,365 $ 45,000 $ 771,161 $ 816,161 3,543,526 719,234 2,824,292 1999 1,214,532 1,427,320 2,641,853 310,000 506,335 816,335 3,458,188 718,572 2,739,616 2000 1,126,754 1,364,773 2,491,527 325,000 492,516 817,516 3,309,043 721,754 2,587,289 2001 1,374,851 1,290,547 2,665,398 340,000 477,465 817,465 3,482,863 723,607 2,759,256 19.94% 2002 1,240,000 1,123,918 2,363,918 355,000 461,303 816,303 3,180,221 724,094 2,456,127 2003 1,315,000 1,051,221 2,366,221 375,000 443,960 818,960 3,185,181 723,214 2,461,967 2004 1,325,000 978,966 2,303,966 390,000 425,405 815,405 3,119,371 725,824 2,393,547 2005 1,400,000 906,280 2,306,280 410,000 405,600 815,600 3,121,880 726,765 2,395,115 2006 1,480,000 828,528 2,308,528 435,000 384,258 819,258 3,127,786 726,054 2,401,732 44.44% 2007 1,565,000 745,371 2,310,371 455,000 361,790 816,790 3,127,161 723,674 2,403,487 2008 1,675,000 656,093 2,331,093 480,000 337,695 817,695 3,148,788 734,116 2,414,672 2009 1,780,000 559,429 2,339,429 505,000 311,340 816,340 3,155,769 732,223 2,423,546 2010 1,540,000 455,146 1,995,146 535,000 282,993 817,993 2,813,139 733,151 2,079,988 2011 1,635,000 362,268 1,997,268 565,000 252,601 817,601 2,814,869 736,531 2,078,338 74.58% 2012 1,095,000 273,211 1,368,211 595,000 220,263 815,263 2,183,474 462,174 1,721,300 2013 1,035,000 207,961 1,242,961 630,000 185,805 815,805 2,058,766 460,775 1,597,991 2014 850,000 152,883 1,002,883 670,000 148,913 818,913 1,821,796 462,895 1,358,901 2015 905,000 101,508 1,006,508 705,000 109,725 814,725 1,821,233 458,478 1,362,755 2016 580,000 46,661 626,661 750,000 68,070 818,070 1,444,731 457,413 987,318 96.52% 2017 445,000 14,463 459,463 795,000 23,254 818,254 1,277,717 459,463 818,254 100.00% $25,946,137 $15,513,978 $41,460,115 $9,670,000 $6,670,450 $16,340,450 $57,800,565 $13,514,784 $44,285,781 (1) "Outstanding Debt" does not include lease /purchase obligations. (2) Average life of the issue - 12.507 years. Interest on the Certificates has been calculated at the rate of 5.52% for purposes of illustration. (3) Includes self - supporting debt. TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION Tax Supported Debt Service Requirements, Fiscal Year Ending 9/30/97 $ 2,020,293 Interest and Sinking Fund, 9/30/96 $ 472,913 Budgeted Interest and Sinking Fund Tax Levy (1) 2,249,344 Estimated Investment Income 35,750 2,758,007 Estimated Balance, 9/30/97 $ 737,714 (1) Preliminary information furnished by the City. TABLE 10 - COMPUTATION OF SELF - SUPPORTING DEBT Net System Revenue Available Fiscal Year 1996 (1) $ 180,240 Less: Requirements for Revenue Bonds 82,032 Balance Available for Other Purposes $ 98,208 Requirements for System Tax Bonds, Fiscal Year 1997 $ 584,773 Percentage of System General Obligation Bonds Self - Supporting 16.8% (1) Preliminary figures furnished by the City. 17 AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS The City has no authorized but unissued general obligation debt. ANTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT .. . The City does not anticipate the issuance of additional general obligation debt within the next twelve months. TABLE 11 - OTHER OBLIGATIONS The following table illustrates the City's two outstanding lease obligations: Lease #1 Lease #3 Original date of the loan or lease: November, 1992 Original date of the loan or lease: February, 1996 Purpose of loan or lease: Copy Machine Purpose of loan or lease: Copy Machine Repayment Schedule: 60 Months Repayment Schedule: 60 Months Date of Final Payment: November, 1997 Date of Final Payment: January, 2001 Payments made from what source: General Fund Payments made from what source: General Fund Amount currently outstanding: $5,189 Amount currently outstanding: $12,126 Lease #2 Lease Purchase Original date of the loan or lease: June, 1993 Original date of the loan or lease: June, 1996 Purpose of loan or lease: Copy Machine Purpose of loan or lease: Computer Equipment Repayment Schedule: 60 Months Repayment Schedule: 60 Months Date of Final Payment: June, 1998 Date of Final Payment: May, 2001 Payments made from what source: General Fund Payments made from what source: General Fund Amount currently outstanding: $8,443 Amount currently outstanding: $84,542 PENSION FUND ... The City provides pension benefits for all of its full -time employees through the Texas Municipal Retirement System ( "TMRS "), a State -wide administered pension plan. The City makes annual contributions to the plan equal to the amounts accrued for pension expense. (For more detailed information concerning the retirement plan, see Appendix B, "Excerpts from the City's Annual Financial Report" - Note #7.) 18 FINANCIAL INFORMATION TABLE 12 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY Fiscal Years Ended September 30, 1996 1995 1994 1993 1992 Revenues: Taxes $ 4,926,209 $ 3,890,459 $ 3,467,579 $ 3,087,297 $ 2,754,104 Licenses and Permits 2,642,353 1,901,245 1,680,918 1,251,287 791,983 Charges for Services 221,003 109,093 56,225 60,328 47,540 Fine and Forfeitures 424,341 274,154 235,591 181,029 207,499 Other Revenues 260,145 200,730 147,011 99,039 106,267 Total Revenues $ 8,474,051 $ 6,375,681 $ 5,587,324 $ 4,678,980 $ 3,907,393 Expenditures: City Administration $ 2,170,961 $ 1,610,196 $ 1,292,402 $ 1,003,587 $ 863,417 Police Department 1,389,411 1,304,845 1,055,234 895,343 825,242 Fire Department 902,281 783,873 728,480 566,832 531,671 Building Department 351,228 329,647 261,663 154,005 127,329 Streets and Drainage 878,433 1,058,438 1,225,241 857,494 685,700 Municipal Court 245,014 201,965 158,793 144,786 145,345 Parks 623,974 389,861 199,681 138,224 101,924 Public Works Department 352,943 359,623 137,192 102,064 69,674 Public Safety Support 835,010 608,880 434,779 357,268 340,626 Community Development 417,494 393,321 281,202 234,170 145,414 Total Expenditures $ 8,166,749 $ 7,040,649 $ 5,774,667 $ 4,453,773 $ 3,836,342 Excess (deficiency) of Revenues Over Expenditures $ 307,302 $ (664,968) $ (187,343) $ 225,207 $ 71,051 Bonds Proceeds $ - $ - $ 720,827 $ $ Budgeted Transfers In $ 686,144 $ 941,860 159,446 159,446 190,970 Budgeted Transfers Out (377,278) (623,000) (155,000) 0 (796) Total Other Sources (Uses) $ 308,866 $ 318,860 $ 725,273 $ 159,446 $ 190,174 Net Increase (Decrease) $ 616,168 $ (346,108) $ 537,930 $ 384,653 $ 261,225 Beginning Fund Balance 1,689,295 2,059,031 1,521,101 1,136,448 875,223 Reserve for Encumbrances $ - $ (23,628) $ - $ $ - Ending Fund Balance $ 2,305,463 $ 1,689,295 $ 2,059,031 $ 1,521,101 $ 1,136,448 (1) Preliminary figures furnished by the City Staff. 19 TABLE 13 - MUNICIPAL SALES TAX HISTORY The City has adopted the Municipal Sales and Use Tax Act, VATCS, Tax Code, Chapter 321, which grants the City the power to impose and levy a 1% Local Sales and Use Tax within the City; the proceeds are credited to the General Fund and are not pledged to the payment of the Certificates. Collections and enforcements are effected through the offices of the Comptroller of Public Accounts, State of Texas, who remits the proceeds of the tax, after deduction of a 2% service fee, to the City monthly. On November 2, 1993, the voters of the City approved the imposition of an additional sales and use tax of one -half of one percent (' /2% of 1 %) for economic and park development. Collection for the additional tax went into effect in April, 1994. The sales tax for economic development is collected solely for the benefit of Southlake Parks Development Corporation (the "Corporation "), and may be pledged to secure payment of sales tax revenue bonds issued by the Corporation, and is not included in the table below. Fiscal Equivalent Year % of of Ended Total Ad Valorem Ad Valorem Per 9/30 Collected Tax Levy Tax Rate Capita 1991 $ 448,149 0.0869% 19.06 60.49 1992 510,035 0.0894% 19.50 63.89 1993 636,738 0.1028% 22.63 73.19 1994 877,615 0.1281% 28.52 84.39 1995 1,033,502 0.1258% 28.02 84.37 1996 (2) 1,476,708 0.1387% 32.87 104.03 1997 (3) 412,343 0.0315% 7.47 25.40 (1) Population Sources: North Central Texas Council of Governments and City Staff. (2) Unaudited figures provided by City Staff. (3) Unaudited figures for three months ended December 31, 1996 provided by City Staff FINANCIAL POLICIES Basis of Accounting ... All governmental funds and agency funds are accounted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. The exception to this general rule is that principal and interest on general long -term debt is recognized when due. The more significant revenues which are treated as susceptible to accrual under the modified accrual basis are property taxes, intergovernmental revenues, charges for services, and interest. Other revenue sources are not considered measurable and available, and are not treated as susceptible to accrual. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned and their expenses are recognized when they are incurred. General Fund Balance ... The City policy is to maintain surplus and unencumbered funds equal to 10% of expenditures in the General Fund. This allows the City to avoid interim borrowing pending tax receipts. Use of Bond Proceeds, Grants, etc.... The City's policy is to use bond proceeds, grants, revenue sharing or other non - recurring revenues for capital expenditures only. Such revenues are never to be used to fund City operations. Budgetary Procedures ... The City Charter establishes the fiscal year as the twelve -month period beginning October 1. The departments submit to the City Manager a budget of estimated expenditures for the ensuing fiscal year by the first of July. The City Manager subsequently submits a budget of estimated expenditures and revenues to the City Council by August 1. The City Council then holds a public hearing on the budget. The Council shall then make any changes in the budget as it deems advisable and shall adopt a budget prior to September 30. Fund Investments ... The City investment policy parallels state law which governs investment of public funds. The City generally restricts investments to direct obligations of the United States Government and to insured or collateralized bank certificates of deposits. 20 INVESTMENTS The City of South lake invests its investable funds in investments authorized by Texas law in accordance with investment policies approved by the City Council of the City of South lake. Both state law and the City's investment policies are subject to change. LEGAL INVESTMENTS ... Under Texas law, the City is authorized to invest in (1) obligations of the United States or its agencies and instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States, (4) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent, (6) certificates of deposit that are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the preceding clauses or in any other manner and amount provided by law for City deposits, (7) certificates of deposit and share certificates issued by a state or federal credit union domiciled in the State of Texas that are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations described in the clauses (1) through (5) or in any other manner and amount provided by law for City deposits, (8) fully collateralized repurchase agreements that have a defined termination date, are fully secured by obligations described in clause (1), and are placed through a primary government securities dealer or a financial institution doing business in the State of Texas, (9) bankers' acceptances with the remaining term of 270 days or less, if the short-term obligations of the accepting bank or its parent are rated at least A -1 or P -1 or the equivalent by at least one nationally recognized credit rating agency, (10) commercial paper that is rated at least A -1 or P -1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank, (11) no -load money market mutual funds regulated by the Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or less and include in their investment objectives the maintenance of a stable net asset value of $1 for each share, and (12) no- load mutual funds registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invests exclusively in obligations described in the preceding clauses; and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent. The City may invest in such obligations directly or through government investment pools that invest solely in such obligations provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service. The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage- backed security and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. INVESTMENT POLICIES ... Under Texas law, the City is required to invest its funds under written investment policies that primarily emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of investment management; and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any individual investment and the maximum average dollar- weighted maturity allowed for pooled fund groups. All City funds must be invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment. Each Investment Strategy Statement will describe its objectives concerning: (1) suitability of investment type, (2) preservation and safety of principal, (3) liquidity, (4) marketability of each investment, (5) diversification of the portfolio, and (6) yield. Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment officers of the City shall submit an investment report detailing: (1) the investment position of the City, (2) that all investment officers jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending value of each pooled fund group, (4) the book value and market value of each separately listed asset at the beginning and end of the reporting period, (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group for which each individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted investment strategy statements and (b) state law. No person may invest City funds without express written authority from the City Council. ADDITIONAL PROVISIONS ... Under Texas law the City is additionally required to: (1) annually review its adopted policies and strategies, (2) require any investment officers' with personal business relationships or relatives with firms seeking to sell securities to the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (3) require the registered principal of firms seeking to sell securities to the City to: (a) receive and review the City's investment policy , (b) acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and (c) deliver a written statement attesting to these requirements; (4) perform an annual audit of the management controls on investments and adherence to the City's investment policy. (5) provide specific investment training for the Treasurer, Chief Financial Officer and investment officers; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse 21 repurchase agreement funds to no greater than the term of the reverse repurchase agreement; (7) restrict the investment in mutual funds in the aggregate to no more than 80% of the City's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service and further restrict the investment in non -money market mutual funds of any portion of bond proceeds, reserves and funds held for debt service and to no more than 15% of the entity's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service; (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation, and advisory board requirements. The City of Southlake shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. TABLE 14 - CURRENT INVESTMENTS As of December 31, 1996, the City's investable funds were invested in the following categories: Type of Investmernt Dollar Value Book Value Treasuries and Agencies $7,064,585 100.2 % Certificates of Deposit 3,000,000 100.0 % Texpool 2763,027 100.0 % Totals $12,827,612 100.1 % As of such date, the average remaining term of investments is 120 days. • 22 TAX MATTERS TAX EXEMPTION ... The delivery of the Certificates is subject to the opinion of Bond Counsel to the effect that interest on the Certificates for federal income tax purposes (1) will be excludable from gross income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to the date of such opinion (the "Code "), pursuant to section 103 of the Code and existing regulations, published rulings, and court decisions, and (2) will not be included in computing the alternative minimum taxable income of the owners thereof who are individuals or, except as hereinafter described, corporations. A form of Bond Counsel's opinion is reproduced as Appendix C. The statute, regulations, rulings, and court decisions on which such opinion is based are subject to change. Interest on all tax- exempt obligations, including the Certificates, owned by a corporation will be included in such corporation's adjusted current earnings for tax years beginning after 1989, for purposes of calculating the alternative minimum taxable income of such corporation, other than an S corporation, a qualified mutual fund, a real estate investment trust (REIT), or a real estate mortgage investment conduit (REMIC). A corporation's alternative minimum taxable income is the basis on which the alternative minimum tax imposed by Section 55 of the Code will be computed. In rendering the foregoing opinions, Bond Counsel will rely upon representations and certifications of the City made in a certificate dated the date of delivery of the Certificates pertaining to the use, expenditure, and investment of the proceeds of the Certificates and will assume continuing compliance by the City with the provisions of the Ordinance subsequent to the issuance of the Certificates. The Ordinance contains covenants by the City with respect to, among other matters, the use of the proceeds of the Certificates and the facilities financed therewith by persons other than state or local governmental units, the manner in which the proceeds of the Certificates are to be invested, the periodic calculation and payment to the United States Treasury of arbitrage "profits" from the investment of the proceeds, and the reporting of certain information to the United States Treasury. Failure to comply with any of these covenants would cause interest on the Certificates to be includable in the gross income of the owners thereof from date of the issuance of the Certificates. Except as described above, Bond Counsel expresses no other opinion with respect to any other federal, state or local tax consequences under present law, or proposed legislation, resulting from the receipt or accrual of interest on, or the acquisition or disposition of, the Certificates. Prospective purchasers of the Certificates should be aware that the ownership of tax- exempt obligations such as the Certificates may result in collateral federal tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance companies, certain foreign corporations doing business in the United States, S corporations with subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, individuals otherwise qualifying for the earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. Prospective purchasers should consult their own tax advisors as to the applicability of these consequences to their particular circumstances. TAX ACCOUNTING TREATMENT OF DISCOUNT AND PREMIUM ON CERTAIN CERTIFICATES ... The initial public offering price of certain Certificates (the "Discount Certificates ") may be less than the amount payable on such Certificates at maturity. An amount equal to the difference between the initial public offering price of a Discount Certificate (assuming that a substantial amount of the Discount Certificates of that maturity are sold to the public at such price) and the amount payable at maturity constitutes original issue discount to the initial purchaser of such Discount Certificate. A portion of such original issue discount allocable to the holding period of such Discount Certificate by the initial purchaser will, upon the disposition of such Discount Certificate (including by reason of its payment at maturity), be treated as interest excludable from gross income, rather than as taxable gain, for federal income tax purposes, on the same terms and conditions as those for other interest on the Certificates described above under "Tax Exemption." Such interest is considered to be accrued actuarially in accordance with the constant interest method over the life of a Discount Certificate, taking into account the semiannual compounding of accrued interest, at the yield to maturity on such Discount Certificate and generally will be allocated to an original purchaser in a different amount from the amount of the payment denominated as interest actually received by the original purchaser during the tax year. However, such interest may be required to be taken into account in determining the alternative minimum taxable income of a corporation, for purposes of calculating a corporation's alternative minimum tax imposed by Sections 55 of the Code, and the amount of the branch profits tax applicable to certain foreign corporations doing business in the United States, even though there will not be a corresponding cash payment. In addition, the accrual of such interest may result in certain other collateral federal income tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance companies, S corporations with "subchapter C" earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, individuals otherwise qualifying for earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. Moreover, in the event of the redemption, sale or other taxable disposition of a Discount Certificate by the initial owner prior to maturity, the amount realized by such owner in excess of the basis of such Discount Certificate in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Discount Certificate was held) is includable in gross income. 23 Owners of Discount Certificates should consult with their own tax advisors with respect to the determination of accrued original issue discount on Discount Certificates for federal income tax purposes and with respect to the state and local tax consequences of owning and disposing of Discount Certificates. It is possible that, under applicable provisions governing determination of state and local income taxes, accrued interest on Discount Certificates may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment. The initial public offering price of certain Certificates (the "Premium Certificates ") may be greater than the amount payable on such Certificates at maturity. An amount equal to the difference between the initial public offering price of a Premium Certificate (assuming that a substantial amount of the Premium Certificates of that maturity are sold to the public at such price) and the amount payable at maturity constitutes premium to the initial purchaser of such Premium Certificates. The basis for federal income tax purposes of a Premium Certificate in the hands of such initial purchaser must be reduced each year by the amortizable bond premium, although no federal income tax deduction is allowed as a result of such reduction in basis for amortizable bond premium. Such reduction in basis will increase the amount of any gain (or decrease the amount of any loss) to be recognized for federal income tax purposes upon a sale or other taxable disposition of a Premium Certificate. The amount of premium which is amortizable each year by an initial purchaser is determined by using such purchaser's yield to maturity. Purchasers of the Premium Certificates should consult with their own tax advisors with respect to the determination of amortizable bond premium on Premium Certificates for federal income tax purposes and with respect to the state and local tax consequences of owning and disposing of Premium Certificates. 24 OTHER INFORMATION RATINGS The presently outstanding tax supported debt of the City is rated "A" by Moody's and "A" by S &P. The City also has twelve issues outstanding which are rated "Aaa" by Moody's and "AAA" by S &P through insurance by various commercial insurance companies. Application for contract ratings on this issue have been made to Moody's and S &P. An explanation of the significance of such ratings may be obtained from the company furnishing the rating. The rating reflects only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Certificates. LITIGATION It is the opinion of the City Attorney and City Staff that there is no pending litigation against the City that would have a material adverse financial impact upon the City or its operations. REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(a)(2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS Section 9 of the Bond Procedures Act provides that the Certificates "shall constitute negotiable instruments, and are investment securities governed by Chapter 8, Texas Uniform Commercial Code, notwithstanding any provisions of -law or court decision to the contrary, and are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking fund of cities, towns, villages, school districts, and other political subdivisions or public agencies of the State of Texas ". The Certificates are eligible to secure deposits of any public funds of the state, its agencies and political subdivisions, and are legal security for those deposits to the extent of their market value. For political subdivisions in Texas which have adopted investment policies and guidelines in accordance with the Public Funds Investment Act (V.T.C.A., Government Code, Chapter 2256), the Certificates may have to be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency before such obligations are eligible investments for sinking funds and other public funds. No review by the City has been made of the laws in other states to determine whether the Certificates are legal investments for various institutions in those states. LEGAL OPINIONS AND NO- LITIGATION CERTIFICATE The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Certificates, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Certificate and to the effect that the Certificates are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Certificates will be excludable from gross income for federal income tax purposes under Section 103(a) of the Code, subject to the matters described under "Tax Matters" herein, including the alternative minimum tax on corporations. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates, or which would affect the provision made for their payment or security, or in any manner questioning the validity of said Certificates will also be furnished. Bond Counsel was not requested to participate, and did not take part, in the preparation of the Official Statement, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information under the headings and subheadings "Plan of Financing ", "The Bonds" (except the subheadings "Book- Entry- Only" and "Use of Bond Proceeds "), "Selected Provisions of the Bond Resolution ", "Tax Matters ", "Legal Investments and Eligibility to Secure Public Funds in Texas ", "Legal Opinions and No- Litigation Certificate" and, "Continuing Disclosure of Information (except for "Compliance with prior Undertakings ")," "Annual Reports," "Material Event Notices," "Availability of Information from NRMSIRs and SID" and "Limitations and Amendments" and such firm is of the opinion that the information contained under such captions and subcaptions is an accurate and fair description of the laws and legal issues addressed therein and, with respect to the Bonds, such information conforms to the Resolution. The legal fee to be 25 paid Bond Counsel for services rendered in connection with the issuance of the Certificates is contingent on the sale and delivery of the Certificates. The legal opinion will accompany the Certificates deposited with DTC or will be printed on the Certificates in the event of the discontinuance of the Book - Entry-Only System. Certain legal matters will be passed upon for the Underwriters by McCall, Parkhurst & Horton L.L.P., Dallas, Texas, Counsel to the Underwriters. The fees of Underwriters' Counsel are contingent upon the delivery of the Certificates. AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION The financial data and other information contained herein have been obtained from City records, audited financial statements and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein will be realized. All of the summaries of the statutes, documents and resolutions contained in this Official Statement are made subject to all of the provisions of such statutes, documents and resolutions. These summaries do not purport to be complete statements of such provisions and reference is made to such documents for further information. Reference is made to original documents in all respects. CONTINUING DISCLOSURE OF INFORMATION In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Certificates. Under the agreement, the City will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified material events, to certain information vendors. This information will be available to securities brokers and others who subscribe to receive the information from the vendors. ANNUAL REPORTS ... The City will provide certain updated financial information and operating data to certain information vendors annually. The information to be updated includes all quantitative financial information and operating data with respect to the City of the general type included in this Official Statement under Tables numbered 1 through 6 and 8 through 14. The City will update and provide this information within six months after the end of each fiscal year ending in or after 1997. The City will provide the updated information to each nationally recognized municipal securities information repository ( "NRMSIR ") and to any state information depository ( "SID ") that is designated by the State of Texas and approved by the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the "SEC "). The City may provide updated information in full text or may incorporate by reference certain other publicly available documents, as permitted by SEC Rule 15c2 -12. The updated information will include audited financial statements, if the City commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will provide unaudited financial statements at the time of filing and later furnish the audit report when it becomes available. Any such financial statements will be prepared in accordance with the accounting principles described in Appendix B or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation. The City's current fiscal year ends September 30. Accordingly, it must provide updated information by March 30, in each year, unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change. MATERIAL EVENT NOTICES ... The City will also provide timely notices of certain events to certain information vendors. The City will provide notice of any of the following events with respect to the Certificates, if such event is material to a decision to purchase or sell Certificates: (1) principal and interest payment delinquencies; (2) non - payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax- exempt status of the Certificates; (7) modifications to rights of holders of the Certificates; (8) Bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates; and (11) rating changes. Neither the Certificates nor the Ordinance make any provision for debt service reserves. In addition, the City will provide timely notice of any failure by the City to provide information, data, or financial statements in accordance with its agreement described above under "Annual Reports." The City will provide each notice described in this paragraph to any SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "). AVAILABILITY OF INFORMATION FROM NRMSIRs AND SID ... The City has agreed to provide the foregoing information only to NRMSIRs and any SID. The information will be available to holders of Certificates only if the holders comply with the procedures and pay the charges established by such information vendors or obtain the information through securities brokers who do so. The Municipal Advisory Council of Texas has been designated by the State of Texas and approved by the SEC staff as a qualified SID. The address of the Municipal Advisory Council is 600 West 8th Street, P. O. Box 2177, Austin, Texas 78768- 2177, and its telephone number is 512/476 -6947. LIMITATIONS AND AMENDMENTS ... The City has agreed to update information and to provide notices of material events only as described above. The City has not agreed to provide other information that may be relevant or material to a complete 26 presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made pursuant to its agreement, although holders of Certificates may seek a writ of mandamus to compel the City to comply with its agreement. The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if (i) the agreement, as amended, would have permitted an underwriter to purchase or sell Certificates in the offering described herein in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the outstanding Certificates consent to the amendment or (b) any person unaffiliated with the City (such as nationally recognized bond counsel) determines that the amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also amend or repeal its agreement if the SEC amends or repeals the applicable provisions of SEC Rule 15c2 -12 or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reserving the right to do so does not make unlawful the underwriters' purchase and sale of the Certificates in the offering described herein. If the City so amends the agreement, it has agreed to include with the next financial information and operating data provided in accordance with its agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information and operating data so provided. COMPLIANCE WITH PRIOR UNDERTAKINGS ... The City made a continuing disclosure agreement on February 20, 1996 with regard to issuance of $2,380,000 Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996. The City is in compliance with prior undertakings and will submit a disclosure statement prior to March 30, 1997. FINANCIAL ADVISOR First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. First Southwest Company has agreed, in its Financial Advisory contract, not to bid for the Certificates, either independently or as a member of a syndicate organized to submit a bid for the Certificates. First Southwest Company, in its capacity as Financial Advisor, has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for the information, covenants and representations contained in any of the legal documents with respect to the federal income tax status of the Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies. UNDERWRITING The Underwriters have agreed, subject to certain conditions, to purchase the Certificates from the City, at an underwriting discount of $ from the initial offering price to the public shown on the inside cover page hereof. The Underwriters will be obligated to purchase all of the Certificates if any Certificates are purchased. The Certificates to be offered to the public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing Certificates into investment trusts) at prices lower than the public offering prices of such Certificates, and such public offering prices may be changed, from time to time, by the Underwriters. APPROVAL OF OFFICIAL STATEMENT The Ordinance authorizing the issuance of the Certificates will also approve the form and content of this Official Statement, and any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Certificates by the Underwriters. RICK STACY Mayor City of Southlake, Texas ATTEST: SANDRA L. LeGRAND City Secretary 27 THIS PAGE LEFT BLANK INTENTIONALLY APPENDIX A GENERAL INFORMATION REGARDING THE CITY ■ Amarillo SOUTHLAKE Fort Worth■ •Dallas I Paso Austin ■ ■ Houst San Antonio THIS PAGE LEFT BLANK INTENTIONALLY LOCATION The City of Southlake is located in northeast Tarrant County. The City is approximately 15 miles northwest of the City of Dallas on State Highway 114 and approximately 10 miles northeast of the City of Fort Worth. POPULATION Southlake's 1997 population was 16,235 an increase of 129.2% over the 1990 census population of 7,082. ECONOMY The City is primarily residential with some commercial and light manufacturing companies. Southlake's growth is due to its proximity to the Dallas-Fort Worth Metroplex and to the Dallas-Fort Worth International Airport. Major employers in the City are: Company Nature of Business Number of Employees AMR / Sabre Group Transportation 1,200 Carroll Independent School District School District 500 Walmart Retailer 300 TRANSPORTATION The City is located on State Highways 114 and 26 providing direct access to the Cities of Dallas and Fort Worth and to Dallas-Fort Worth International Airport. Southlake is approximately 5 miles northwest of Dallas-Fort Worth International Airport, 19 miles from Dallas Love Field and 10 miles from Alliance Airport. EDUCATION The City of Southlake is served primarily by Carroll Independent School District, and additionally by Keller, Grapevine- Colleyville and Northwest Independent School Districts. There are three elementary schools, one middle school, two intermediate school and one high school located within the City. The combined enrollment for 1996 -97 was 4,725 students. Higher education is provided by many institutions located within a 25 -mile radius from Southlake, such as: Texas Christian University, University of North Texas, Southern Methodist University, Texas Woman's University, University of Texas at Arlington, University of Texas at Dallas, University of Dallas and Tarrant County Junior College. RECREATION The City has four municipal parks. The Bicentennial Park is 48 acres that includes nine baseball fields, eight soccer fields, two tennis courts, two community buildings and two playgrounds. The Country Walk is 5 acres that includes four practice ball fields. The Lonesome Dove is 8 acres that includes a pavilion, a playground and two sand volleyball courts. The Bob Jones Park is approximately 100 acres and is currently undeveloped. Southlake lies on the southern boundary of Lake Grapevine which offers swimming, camping, boating and fishing. HISTORICAL EMPLOYMENT (AVERAGE ANNUAL) December Area 1996 1995 1994 1993 1992 1991 Fort Worth - Arlington PMSA Employed 806,883 776,586 760,352 685,200 689,700 695,500 Unemployed 26,982 39,760 44,724 48,700 47,800 38,400 % of Unemployed 3.2% 4.9% 5.6% 6.4% 6.5% 5.2% Tarrant County Employed 704,513 678,060 664,713 645,708 633,238 630,504 Unemployed 22,953 34,723 38,866 43,915 47,984 43,560 Source: Texas Employment Commission. A -1 EFFECTIVE BUYING INCOME Tarrant County Effective Buying Income $ 21,934,414 Median Per Household 36,657 Median Age of Population 30.5 Household Earnings: $20,000 - $34,999 23.3 $35,000 - $49,999 18.9 $50,000 and over 33.3 Source: Sales and Marketing Management, 1996 Survey of Buying Power BUILDING PERMITS BY CATEGORY Fiscal Year Ended Commercial Residential 9/30 Number Amount Number Amount Grand Total 1992 11 $ 3,273,000 326 $ 68,746,220 $ 72,019,220 1993 21 1,450,900 477 100,406,032 101,856,932 1994 12 9,309,800 629 140,035,538 149,345,338 1995 21 9,309,800 460 107,208,023 116,517,823 1996 77 27,117,000 691 169,959,810 197,076,810 TARRANT COUNTY Tarrant County (the "County ") is located in North Central Texas with an estimated 1996 population of 1,279,700. The County, together with Dallas County, is an integral part of the Dallas -Fort Worth Metroplex, one of the Largest and fastest growing metropolitan areas in the nation. The combined Metroplex area has an estimated population in excess of 4.0 million. A -2 APPENDIX B EXCERPTS FROM THE CITY OF SOUTHLAKE, TEXAS ANNUAL FINANCIAL REPORT For the Year Ended September 30, 1995 The information contained in this Appendix consists of excerpts from the City of Southlake, Texas Annual Financial Report for the Year Ended September 30, 1995, and is not intended to be a complete statement of the City's financial condition. Reference is made to the complete Report for further information. THIS PAGE LEFT BLANK INTENTIONALLY WEAVER AND TIDWELL AFFILIATIONS CERTIFIED PUBLIC ACCOUNTANTS FORT WORTH OFFICE tiUMMiT INTERNATIONAL A REGISTERED LIMITED LIABILITY PARTNERSHIP 1600 COMMERCE BUILDING 307 WEST SEVENTH STREET ASSOCIATES, INC. THREE FOREST PLAZA FORT WORTH, TEXAS 76101 ASSOCIATED REGIONAL 12221 MERIT DRIVE, SUITE 1700 (017)&12•7000 ACCOUNTING FIRMS DALLAS, TEXAS 75251 -2216 (214) 490-1970 FACSIMILE (214) 702 -8321 To Members of the City Council and City Manager City of Southlake, Texas INDEPENDENT AUDITOR'S REPORT We have audited the accompanying combined financial statements of the City of Southlake, Texas as of and for the year ended September 30, 1995, as listed in the table of contents. These combined financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these combined financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the combined financial statements are free of material misstatement. An audit Includes examining, on a test basis, evidence supporting the amounts and disclosures In the combined financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the combined financial statements referred to above present fairly, In all material respects, the financial position of the City of Southlake, Texas at September 30, 1995, and the results of its operations and cash flows of its proprietary fund for the year then ended In conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the combined financial statements taken as a whole. The individual fund and account group financial statements and schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the combined financial statements of the City of Southiake, Texas. The individual fund and account group financial statements and schedules have been subjected to the auditing procedures applied in the audit of the combined financial statements and, In our opinion, are fairly stated in all material respects in relation to the combined financial statements taken as a whole. The statistical section has not been subjected to the auditing procedures applied in the audit of the combined financial statements and, accordingly, we express no opinion on such data. /4,%■•.J a 1 c d4. WEAVER AND TIDWELL, LLP. Dallas, Texas February 9, 1996 489 1 Duthla e 2 CITY OF SOUTHLAKE, TEXAS .. GENERAL PURPOSE FINANCIAL STATEMENTS - COMBINED FINANCIAL STATEMENTS OVERVIEW These basic financial statements provide a summary overview of the financial position of all funds and account groups as well as the operating results of all funds. ■ Governmental Funds Those through which most Governmental functions are typically financed. The measurement focus is upon determination of financial position and changes in financial position. The Governmental funds within the City are: the General, Special Revenue, Debt Service and Capital Projects Fund. • Proprietary Funds To account for the financing, acquisition and maintenance of Governmental facilities and services that are supported by user charges. The measurement focus is upon determination of net Income, financial position and cash flows. The Proprietary Fund within the City is the Enterprise Fund. ■ Fiduciary Funds Used to account for assets held by the City as an agent for Individuals, private organizations, other governments, and /or other funds. Agency funds are custodial in nature and do not Involve measurement of results of operations. The Agency Funds within the City are used to account for the Municipal Cash Escrow Fund and Deferred Compensation Plan. Account Groups Used to establish accounting control and accountability for the City's general fixed assets and unmatured principal of the City's general Tong -term debt. 2 3 r CITY OF SOUTHLAKE, TEXAS COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES YEAR ENDED SEPTEMBER 30, 1995 IN Totals Governmental Fund Types (Memorandum Only) • Special Debt Capital General Revenue Service Projects 1995 1994 IN Revenues Taxes $ 3,890,459 $ 516,750 $ 1,466,318 $ 6 5,873,527 $ 4,704,511 Licenses, permits and fees 1,901,245 159,579 106,737 2,167,561 1,967,777 Charges for services 109,093 Fines and fortelts 274,154 109,093 56,225 II 274,154 235,591 Miscellaneous 200,730 37,949 50,741 430,094 719,514 366,678 Total revenues 6,375,681 714,278 1,517,059 536,831 9,143,849 7,330,782 • Expenditures Current City secretary/mayor 197,727 197,727 212,832 City manager's office 348,306 348,306 200,295 el Economic development 98,694 98,694 Support services 706,488 Finance 706,488 615,511 inance 258,981 258,981 263,764 Municipal court 201,965 201,965 158,793 1 Police services 1,304,845 3,239 1,308,084 1,061,372 Fire services 783,873 783,873 728,480 Public safety support 608,880 608,880 434,779 Building inspection 329,647 329,647 261,663 • Public works administration 359,623 359,623 137,192 Parks and recreation 389,861 235,950 625,811 834,875 Streets and drainage 1,058,438 1,058,438 1,225,241 Community development 393,321 393,321 281,202 1 Capital projects 5,146,959 5,146,959 1,070,234 Debt service Principal retirement 715,000 715,000 470,000 Interest and fiscal charges 773,101 773,101 578,735 t Total expendttures 7,040,649 239,189 1,488,101 5,146,959 13,914,898 8,534,968 Excess (deficiency) of revenues over expendttures ( 664,968) 475,089 28,958 4 ( 4,610,128) ( 4,771 ,049) ( 1 ,204,186) Other financing sources (uses) Operating transfers In 941,860 305,035 918,375 2,165,270 424,813 tIt Operating transfers out ( 623,000) ( 251,310) ( 251,585) ( 295,375 IE Proceeds of bonds ) ( 1,421,270) ( 373,679) 1,838,000 1,838,000 6,896,376 Proceeds of refunding bonds 3,265,318 Payments to refunded bond escrow agent ( 3,265,318) 4 ' Total other financing sources (uses) 318,860 ( 251,310) 53,450 2,461,000 2,582,000 6,947,310 l9 No Excess (deficiency) of revenues and other sources over expenditures and other uses ( 346,108) 223,779 82,408 ( 2,149,128) ( 2,189,049) 5,743,124 R s. Fund balance, beginning of year 2,059,030 332,711 549,252 6,068,051 9,009,044 3,265,920 Fund balance, end of year $ 1,712 922 „6556 490 j_ 663` j 3,9 1 j 6,819,995 j 9,009,044 r r. . The Notes to Combined Financial Statements are an Integral part of this statement. 7 -- liCT - 1 outhi • Q 9 CITY OF SOUTHLAKE, TEXAS COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL, SPECIAL REVENUE, AND DEBT SERVICE FUND YEAR ENDED SEPTEMBER 30, 1995 General Fund Variance - Favorable Budget Actual fUnfavorabiel Revenues Taxes $ 3,883,209 $ 3,890,459 $ 7,250 LJcenses, permits and fees 1,857,710 1,901,245 43,535 Charges for services 100,743 109,093 8,350 Fines and forfeits 243,600 274,154 30,554 Miscellaneous 160.300 200,730 40,430 Total revenues 6,245,562 6,375,681 130.119 Expenditures City secretary/mayor 214,111 197,727 16,384 City manager's office 360,197 348,306 11,891 Economic development 117,245 98,694 18,551 Support services 714,274 706,488 7,786 Finance 261,974 Municipal court 211,383 201,965 9,418 Police services 9,418 1,330,994 1,304,845 26,149 Fire services 810,736 783,873 26,863 Public safety support 611,988 608,880 Building inspection 3,108 Public works administration 339,048 329,647 9,401 336,283 359,623 ( 23,340) Parks and recreation 368,695 389,861 ( 21,166) Streets and drainage 1,033,062 1,058,438 ( 25,376) Debt service development 378,439 393,321 ( 14,882) Total expenditures 7, 7,040,649 47,780 Excess (deficiency) of revenues over expenditures ( 842,86T ( 664,968) 177 899 Other financing sources (uses) Operating transfers in 941,860 941,860 Operating transfers out ( 623,000) ( 623,000) Total other financing sources (uses) 318,860 318.860 Excess of revenues and other sources over expenditures and other uses ( 524,007) ( 346,108) 177,899 Fund balance at beginning of year 2,059,030 2,059,030 Fund balance at end of year $ 1,535,023 $ 1,712,922 $ 177,899 The Notes to Combined Financial Statements are an integral part of this statement. 10 Special Revenue Fund Debt Service Fund Variance - Variance - Favorable Favorable Budget Actual (Untavorablel Budget Actual lUnfavorable) $ 510,000 $ 516,750 $ 6,750 $ 1,464,030 $ 1,466,318 $ 2,288 111,500 159,579 48,079 28,955 37,949 8,994 37,500 50,741 13 L 241 650,455 714,278 63,823 1,501,530 1,517,059 15,529 3,239 ( 3,239) 254,738 235,950 18,788 1,480,480 1,488,101 ( 7,621) 254,738 239,189 15,549 1 ,480,480 1 ,488,101 ( 7,621) 395,717 475,089 79,372 21,050 28,958 7,908 305,035 305,035 ( 251,310) ( 251,310) ( 251,585) ( 251,585) ( 251,310) ( 251,310) 53.450 53 144,407 223,779 79,372 74,500 82,408 7,908 332,711 332,711 549,252 549,252 $ 477,118 =�� $ 79,372 $ 623,752 $ 631,660 $ 7,908 11 CITY OF SOUTHLAKE, TEXAS PROPRIETARY FUND TYPE STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS FOR THE YEAR ENDED SEPTEMBER 30, 1995 Total Enterprise (Memorandum Fund Only) 1995 1994 Operating revenues Water, sewer and garbage $ 4,588,156 $ 3,866,053 Service fees 245,546 365,284 Other miscellaneous revenues 240.688 79,924 Total operating revenues 5,074,390 4,311,261 Operating expenses Personal service 454,651 434,166 Contractual services 459,273 410,518 Lease payments 1,276 2,626 Supplies 4,819 Utilities 3,905 1,719,818 1,432,855 Administrative 26,132 23,217 Maintenance 428,367 327,038 Professional benefits 10,512 10,706 Depreciation 876,064 356,063 Total operating expenses 3,980,912 3,001,094 Operating Income 1,093,478 1,310,167 Non - operating revenue (expense) Interest income 420,451 173,203 Interest expense ( 952,021) ( 594,986) Total non - operating revenue (expense) ( 531,570) ( 421,783) Net Income before operating transfers 561,908 888,384 Operating transfers Operating transfers In 251,585 300,580 Operating transfers out ( 995,585) ( 351,513) Total operating transfers ( 744,000) ( 50,933) Net Income (loss) ( 182,092) 837,451 Add back depreciation on contributed assets 277,605 Retained earnings at beginning of year 3,049,605 2,212,154 Retained earnings at end of year $ 3,145,118 $ 3,049,605 The Notes to Combined Financial Statements are an Integral part of this statement. 12 CITY OF SOUTHLAKE, TEXAS (1 of 2) PROPRIETARY FUND STATEMENT OF CASH FLOWS YEAR ENDED SEPTEMBER 30, 1995 Total Enterprise (Memorandum Fund Only) 1995 1994 CASH FLOWS FROM OPERATING ACTIVITIES: Cash received from customers and users $ 4,941,206 $ 4,382,273 Cash payments to suppliers ( 2,770,318) ( 2,303,392) Cash payments to employees ( 465.663) ( 444.812) Net cash provided by operating activities 1.705.225 1.634.069 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES: Capital expenditures ( 1,890,246) ( 2,087,350) Principal payments on bonds, notes and capital lease obligations ( 267,740) ( 214,330) Bond proceeds 4,326,790 Interest paid ( 824,195) ( 647,386) Capital contribution 875,365 1.035.198 Net cash provided by (used for) capital and related financing activities 2,219.974 ( 1.913.868) CASH FLOWS FROM NON - CAPITAL FINANCING ACTIVITIES: Cash received from other funds 251,585 313,319 Cash paid to other funds ( 1,008,324) ( 351,513) Net cash provided by (used for) non- capital financing activities ( 756.739) ( 38,194) CASH FLOWS FROM INVESTING ACTIVITIES: Interest received 420.451 173.203 Net Increase in cash and cash equivalents 3,588,911 ( 144,790) Cash and cash equivalents at the beginning of year 4,145,342 4.290.132 Cash and cash equivalents at the end of year $ 7,734,253 S 4145,342 The Notes to Combined Financial Statements are an integral part of this statement. 13 CITY OF SOUTHLAKE, TEXAS (2 of 2) PROPRIETARY FUND TYPE STATEMENT OF CASH FLOWS YEAR ENDED SEPTEMBER 30, 1995 Total Enterprise (Memorandum Fund Only) 1995 1994 RECONCILIATION OF CASH AND CASH EQUIVALENTS OF STATEMENT OF CASH FLOWS TO THE BALANCE SHEET: Current assets $ 2,061,963 $ 2,083,690 Restricted assets 5.672.290 2,061.652 Cash and cash equivalents at the end of the year $ 7,734,253 $ 4,145,342 RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES: Operating Income $ 1,093,478 $ 1,310,167 Adjustments to reconcile operating Income to net cash provided by operating activities: Depreciation 876,064 356,063 Decrease (increase) In assets Receivables ( 158,529) 44,847 Prepaid 1,411 ( 2,186) Increase (decrease) In liabilities Payables and accruals ( 132,044) ( 100,987) Customer deposits 24,845 26.165 Net cash provided by operating activities $ 1,705,225 $ 1,634,069 NONCASH INVESTING, CAPITAL, AND FINANCING ACTIVITIES: During the fiscal year ended September 30, 1995 the estimated value of water and sewer Infrastructure contributed by developers was $2,742,127. Additionally in 1995, the City Incurred contractual obligations in the amount of $5,230,000. Under the agreement the Trinity River Authority is utilizing the proceeds to construct a wastewater project on the City's behalf. The Notes to Combined Financial Statements are an integral part of this statement. 14 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies The combined financial statements of the Clty of Southlake are presented in accordance with generally accepted accounting principles applicable to state and local governmental units as set forth by the Governmental Accounting Standards Board. The following is a summary of the more significant accounting policies: A. Reporting Entity The City of the City are operates vested under a Home Rule Council - elected council which enacts legislation, adopts powers of the Cty ae budgets, determines policies and appoints the City Manager. The City Manager Is responsible for executing the laws and administering the government of the City. The City of Southlake's general purpose financial statements include the separate governmental entitles that are controlled by or are dependent on the City. The determination to include separate governmental entities is based on the criteria of Governmental Accounting Standards (GASB) Statement 14. GASB Statement 14 defines the reporting entity as the primary government and those component units for which the primary government Is financially accountable. To be financially accountable, a voting majority of the component unit's board must be appointed by the primary government, and either (A) the primary government must be able to impose its will, or (B) the primary govemment may potentially benefit financially or be financially responsible for the component unit. Based on these criteria the financial information of the Southlake Parks Development Corporation is included within the reporting entity. The Southlake Parks Development Corporation (the 'Corporation') is a nonprofit industrial development corporation under the Development Corporation Act of 1979. The Corporation is organized exclusively to act on behalf of the City for the financing, development and operation of parks and recreation facilities. The affairs of the Corporation are managed by a board of directors which is composed of seven persons appointed by the City Council. However, the annual corporate budget and issuance of debt must be approved by the Clty Council. Although it is a legally separate entity, the Corporation 1s reported as if It were part of the primary government because its sole purpose Is to finance and develop parks and recreational facilities on behalf of the City. B. Fund Accounting The City's accounting system is organized and operated on the basis of fund accounting with each fund and account group being an Independent fiscal and accounting entity with a self - balancing set of accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses. City resources are allocated to and accounted for in Individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds and account groups are summarized into six generic fund types, three broad fund categories and two account groups as follows: 15 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued B. Fund Accounting - continued Governmental Fund Types General Fund is the general operating fund of the City. It Is utilized to account for all financial resources except those required to be accounted for in other funds. Special Revenue Fund Is utilized to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts or major capital projects) that are legally b. restricted to expenditures for specified purposes. Debt Service Fund is utilized to account for the accumulation of financial resources for, and the payment of general long -term debt principal, Interest, and related costs arising from general obligation bonds. Capital Projects Fund Is utilized to account for financial resources to be used for the acquisition or construction of capital Improvements (other than those financed by proprietary funds). Such resources are derived from proceeds of general obligation debt, other sources designated for capital Improvements and Interest earned on such monies. Proprietary Fund Type Enterprise Fund is used to account for the operations that are financed and operated In a manner similar to private business enterprises - where the intent of the City Is that costs (expenses Including depreciation) of providing services to the general public on a continuing basis be financed or recovered through user charges. Fiduciary Fund Types Agency Funds are used to account for assets held by the City as an agent for Individuals, private organizations, other governments, and /or other funds. Agency funds are custodial In nature and do not Involve measurement of results of operations. Account Groups General Fixed Assets Account Group is utilized to account for fixed assets in governmental fund type operations. General Long -Term Debt Account Group is utilized to account for the long -term liabilities of governmental fund types. 16 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued C. Measurement Focus Measurement focus 1s the accounting convention which determines which assets and liabilities are Included on the balance sheet of a fund type and whether a fund type's operating statement presents financial flow' or capital maintenance Information. All governmental funds are accounted for on a spending or 'financial flow' measurement focus. This means that only current assets and current Ifabilfties are generally Included on their balance sheets. Their reported fund balance (net current assets) 1s considered a measure of 'available spendable resources'. Governmental fund operating statements present Increases (revenues and other financing resources) and decreases (expenditures and other financing uses) In net current assets. Accordingly, they are said to present a summary of sources and uses of 'available spendable resources' during a period. Fixed assets used In governmental fund type operations and Tong -term liabilities expected to be financed from governmental funds are accounted for in the General Fixed Assets and General Long -Term Debt Account Groups. The two account groups are not 'funds'. They are concerned only wfth the measurement of financial position. They are not Involved with measurement of results of operations. Proprietary funds are accounted for on a net Income and capltal maintenance' measurement focus. This means that all assets, Ilabilfties, equity, revenues, expenses and transfers relating to the activity of a proprietary fund are accounted for through the proprietary fund. The measurement focus is upon the determination of net Income, financial position and cash flows. D. Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. All governmental funds and agency funds are accounted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability Is Incurred. The exception to this general rule is that principal and interest on general long -term debt is recognized when due. The more significant revenues which are treated as susceptible to accrual under the modified accrual basis are property taxes, intergovernmental revenues, charges for services, and Interest. Other revenue sources are not considered measurable and available, and are not treated as susceptible to accrual. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned and their expenses are recognized when they are incurred. 17 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued E. Budgets and Budgetary Accounting The City Manager submits to the City Council, between sixty and ninety days prior to the beginning of each fiscal year, a proposed budget for all funds of the City. At the meeting of the City Council at which the budget Is submitted, the City Council fixes the time and place of the public hearing on the budget and causes to be published a notice of the budget hearing. After the budget hearing the budget may be adopted by a favorable vote of the majority of the members of the City Council. Upon adoption the budget is filed wfth the City Secretary. During the fiscal year, the City Council may transfer funds allocated to a department to another department or re- estimate revenues or expenditures. The City Manager may transfer budgeted funds within a department. Expenditures should not exceed appropriations at the department level, the classification level as reported in the combined financial statements. Supplemental appropriations to amend the budget during the year were not material to total appropriations. The final amended version of the budget was utilized in this report. Unused appropriations lapse at the end of each fiscal year. The budgets for the general fund, special revenue funds, and debt service funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). The final amended version of these budgets are used in this report. Control over the expenditures for the capital projects funds are maintained through general obligation bond indenture agreements, and authorized construction contracts. Accordingly, formai budgetary integration Is not employed for the capital projects funds. F. Cash and Investments Cash and Investments are comprised of demand accounts, lmprest funds and certificates of deposit. The City maintains a cash and investment pool that is available for use by all funds. Each fund type's portion of this pool is displayed on the combined financial statements as cash and cash equivalents or restricted cash and equivalents. All City deposits and investments are insured or collateralized by the Federal Deposit Insurance Corporation and pledges of securities issued by the State of Texas, other Texas municipalities or the Federal government. The City's cash and Investments are considered as cash equivalents as they can be readily converted to cash at their carrying value. G. Property Taxes Ad valorem taxes are levied from valuations assessed as of January 1 and are recognized as revenue beginning on the date of levy, October 1, when they become available. Available means collected within the current period or expected to be collected soon enough thereafter to be used to pay current liabilities. Taxes not expected to be collected within sixty days of the fiscal year ending are recorded as deferred revenues and are recognized when they become available. Taxes collected prior to the levy date to which they apply are recorded as deferred revenues and recognized as revenue of the period to which they apply. 18 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued G. Property Taxes - continued The City's taxable assessed valuation of $826,083,256 and tax rate of .449 per $100 of taxable assessed valuation resulted in a tax levy of $3,709,114. Current taxes are due on October 1 and become delinquent if unpaid on February 1. Taxes unpaid as of February 1 are subject to penalty and Interest as the City Council provides by ordinance. A lien Is created and attaches to property on January 1 each year until taxes are paid. Tax collection of the 1994 tax levy and total collections, including collections of prior year taxes, during the fiscal year ended September 30, 1995 were 98.08% and 101.90% of the current year tax levy, respectively. H. Allowance for Uncollectible Accounts An allowance for uncollectible taxes Including penalties and Interest and water and sewer billed receivables is provided based on an analysis of historical trends. The allowances for uncollectibie taxes and water and sewer billings at September 30, 1995 were $29,950 and $31,857, respectively. I. Unbilled Services Utility operating revenues (water, sewer and refuse collection) are billed on monthly cycles. The City records estimated revenues for services delivered during the current fiscal year which will be billed during the next fiscal year. J. Inventories Inventories are stated at cost (first -in, first -out) and are determined annually by taking a physical inventory. Inventory in the general fund consists of gasoline and supplies held for consumption and is reported on the consumption method. Under the consumption method the cost is recorded as an expenditure at the time individual inventory items are utilized. K. Property, Plant and Equipment Property, plant and equipment of the proprietary fund Is stated at cost (estimated cost for assets contributed). Depreciation expense Is calculated principally on the straight -line method. Depreciation methods are designed to amortize the cost of the assets over their estimated useful lives. Estimated useful lives of major categories of property are as follows: 19 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued K. Property, Plant and Equipment - continued Category LBe Buildings 20-30 years Distribution system 30 years Storage tanks 30 years Equipment 5-10 years Maintenance, repairs, renewals and betterments which do not enhance the value or Increase the basic productive capacity of assets are charged to expense as Incurred. L. General Fixed Assets General fixed assets have been acquired for general governmental purposes from governmental fund types. Assets purchased In governmental funds are recorded as expenditures In governmental fund types and capitalized at cost In the general fixed asset account group, except for Infrastructure fixed assets. Infrastructure fixed assets (roads, bridges, curbs, gutters, streets, lighting systems, and similar assets that are Immovable and of value only to the City) are not capitalized In the general fixed asset account group. Donated fixed assets are recorded as general fixed assets at their fair value at the date donated. No depreciation is provided on general fixed assets. M. Accrued Vacation It Is the City's policy to permit employees to accumulate a limfted amount of earned but unused vacation which will be payable to City employees upon termination from City service. The City has no other compensated absence obligations except for vacation benefits. The City records compensated absences in governmental fuhd types for the amount expected to be liquidated with expendable financial resources. The remainder of the liability from compensated absences of governmental fund types Is reported In the general long -term debt account group. Proprietary funds accrue compensated absences In the period for which they are Incurred. N. Contributed Capital Contributed capital In enterprise funds represents the accumulation of contributions in the form of cash or other assets which generally do not have to be returned to the contributor. Such contributions are recorded directly to contributed capital and, accordingly, are not recognized as revenue. The following types of transactions are recorded as contributed capftal in the enterprise fund: 20 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued N. Contributed Capital - continued • Assets contributed by City. • Assets contributed by developers. • Receipts of federal grants specifically designated for acquisition of assets. • System development and impact fees charged to fund the costs of capital Improvements to the utilities system. • Special assessments levied to fund costs of capital Improvements. O. Reserves Reserves Indicate portions of fund equity legally segregated for a specific future use. P. Tax Revenues The City's tax revenues consist of property tax, franchise tax, and City sales tax. The ordinance levying property taxes specifies the percentage applicable to the General Fund and Debt Service Fund. Tax revenues by fund for the year ended September 30, 1995 were as follows: General Special Revenue Debt Service Fund Funds Funds Total Property taxes $ 2,375,342 $ $ 1,466,318 $ 3,841,660 Franchise taxes 478,633 478,633 Sales taxes 1,033,501 516,750 1,550,251 Mixed beverage taxes 2.983 2.983 Tax revenue $ 3,890,459 $ 516,750 $ 1,466,318 $ 5.873,527 0. Cash Flow Presentation For the purposes of presenting the Statement of Cash Flows, the City considers all highly liquid Investments with an original maturity or initial maturity of Tess than three months to be cash equivalents. R. Total Columns Total columns on the combined financial statements are captioned 'Memorandum Only' to indicate they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations or cash flows In conformity with generally accepted accounting principles. Neither are such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. S. Comparative Data Comparative totals for the prior year have been presented in the accompanying combined financial statements In order to provide an understanding of changes In the City's financial position and operations. 21 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 2. Deposits and Investments with Financial Institutions The City's investment policies are governed by state statutes and City ordinance. Collateral 1s required for all deposits and Investments not covered by federal deposit Insurance. Excess cash may be invested In the following: • Obligations of the United States or its agencies and Instrumentalities; • Direct obligations of the State of Texas or its agencies; • Other obligations, the principal of and interest on which are unconditionally guaranteed or Insured by the State of Texas or the United States; • Obligations of states, agencies, counties, cities, and political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or its equivalent; • Certificates of deposit Issued by state and national banks domiciled in this state that are: a) Guaranteed or insured by the Federal Deposit Insurance Corporation; or b) Secured by obligations described above; • Local Government Investment Pools as authorized by State Statute. Maturities on all Investments are consistent with the City's cash flow requirements. The City's deposits and Investments are pooled accounts consisting of the following: Cost Market Deposits and financial Institutions $ 2,620,458 $ 2,620,458 U.S. Government Agency obligation (at cost) 8,459,326 8,458,060 Government investment pools (at cost) 4,025,041 4,025,041 15,104, 825 15,103, 559 Deferred compensation plans (at market) 221,024 221.024 $ 15,325,849 $ 15,324,583 Deposits with financial institutions are fully insured or collateralized with securities held by Its agent in the entity's name. All Investments were Insured or registered, or securities held by the City or its agent in the City's name. Government pool investments are not categorized because they are not evidenced by securities that exist in physical or book entry form. 22 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 3. Fixed Assets General Fixed Assets All fixed assets acquired for governmental fund type operations are capitalized at cost or estimated historical cost If actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. A summary of changes In general fixed assets follows: Land Buildings and and Total Improvements Improvements Equipment Balance, beginning $ 4,844,950 $ 740,803 $ 1,337,845 $ 2,766,302 Additions 2,134,814 1,306,103 20,044 808,667 Deletions ( 210.435) ( 210.435) Balance, ending $ 6,769,329 $ 2,046,906 $ 1,357,889 $ 3,364,534 Proprietary Fixed Assets A summary of proprietary fund fixed assets by type of property Is as follows: Land and improvements $ 280,573 Buildings and Improvements 65,909 Distribution system 23,396,013 Equipment 375,821 24,118,316 Less accumulated depreciation 3,616,063 $ 20,502,253 Note 4. General Long -Term Debt General Tong -term debt of the City consists of general obligation bonds and obligations under compensated absence agreements. General obligation bonds retirement is provided from the debt service tax within the Debt Service Fund. The retirement of accrued vacation is provided by financial resources of the General Fund. 23 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 4. General Long -Term Debt - continued General obligation bonds and governmental revenue bonds outstanding at September 30, 1995 consist of the following: Date Amount of Amount Interest Date Series Original Outstanding Rates issued Matures Issue 9 -30-95 General Obligation Bonds, Series 1984 9.25 - 11.25% 1984 2001 600,000 5 45,000 General Obligation Refunding, Series 1990 6.1 - 7.1 1990 2009 3,076,137 766,137 Public Property Finance Contractual Obligation, Series 1990 7.0 - 7.13 1990 1996 200,000 45,000 Tax and Water Works and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990 7.25 - 9.75 1990 2012 1,100,000 245,000 Combined Tax/Revenue Certificates of Obligation, Series 1991 6.0 1991 1996 200,000 45,000 Tax and Water Works and Sewer System (Unified Pledge) Revenue CertMcates of Obligation, Series 1992 6.0 - 8.0 1992 2012 1,300,000 1,215,000 General Obligation Bonds, Series 1992 5.2 - 8.2 1992 2013 1,500,00 1,460,000 General Obligation Refunding Bonds, Series 1993 2.8 - 4.7 1994 2013 6,490,000 6,280,000 Public Property Contractual Obligation, Series 1993 2.6 - 3.65 1994 1999 745,000 560,000 Certificates of Obligation, Series 1994 3.0 - 4.4 1994 1998 320,000 200,000 Sales Tax Revenue Bonds, Series 1994 6.0 - 6.25 19^4 2014 2,945,000 2,895,000 Sales Tax Subordinate Uen Revenue Bonds, Series 1994 6.5 - 15.0 1994 2015 1,000,000 1,000.000 $ 14,756,137 A summary of changes in general long -term debt follows: General Sales Tax Compensated Obligation Revenue Absences Note Total Bonds Bonds Obligation Payable -Land Balance, beginning $ 14,540,302 5 11,526,137 $ 2,945,000 $ 69,165 $ Additions 1,886,452 1,000,000 18,452 868,000 Deletions 715,000 665,000 50,000 Balance, ending $ 15,711,754 5 10,861,137 $ 3,895,000 $ 87,617 $ 868,000 24 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 4. General Long -Term Debt - continued The debt service requirements of general obligation bonds and sales tax revenue bonds are as follows: Due Fiscal Year Ending Princioal Interest Total 1996 $ 830,000 6 814,483 $ 1,644,483 1997 795,000 721,189 1,516,189 1998 840,000 835,822 1,675,822 1999 714,532 953,662 1,668,194 2000 596,754 927,923 1,524,677 2001 -2015 10,979,851 5,419,793 16,399,644 14,756,137 $ 9,672,872 $ 24 -909 Note 5. Proprietary Long -Term Debt Proprietary long -term debt consists of revenue bonds and revenue contract obligations. Resources to retire these obligations are provided from the net revenues of the water and sewer fund and transfers from the debt service fund. Revenue Bonds and Combination Tax and Revenue Certificates of Obligations Revenue bonds were Issued to make Improvements to the water and sewer system. Revenue bonds are payable soley from the net revenues of the water and sewer system. Combination tax and revenue certificate of obligations are payable from the net revenues of the water and sewer system and general debt service tax. Revenue bonds and combination tax and certificate of obligations outstanding at September 30, 1995 consist of the following: Date Amount of Balance Interest Date Series Original Outstanding Rates Issued Matures Issue 9 -30-95 Waterworks and Sewer System Revenue Bonds, Series 1984 9.80 - 11.75% 1984 2001 $ 500,000 $ 285,000 Waterworks and Sewer System Revenue Bonds, Series 1987 3.75 1987 2005 217,000 127,000 Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992A 5.20 - 8.20 1992 2013 1,300,000 1,265,000 Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 1994 5.95 - 8.75 1994 2015 4,350,000 4,350.000 6,027,000 25 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 5. Proprietary Long -Term Debt - continued Contract Revenue Obi!nations The City has entered Into various contractual agreements to unconditionally finance the principal and interest or a fixed percentage of principal and interest of Trinity River Authority (TRA) Contract Revenue Bonds. Under the agreements, the Trinity River Authority utilized the bond proceeds to administer and construct various sewer and wastewater treatment projects on the City's behalf. Such agreements provide the City title to the assets upon retirement of the debt or capacity rights In the use of constructed assets. The City has Included in its financial statements Its proportionate share of these obligations and Its investment in these assets as capacity rights. Contract revenue obligations at September 30, 1995 consist of the following: Amount Date Date Outstanding Issued Matures 940 -95 TRA - City of Southlake Sewer System Project - Contract Revenue Obligations - Series 1990 1990 2011 $ 1,130,000 TRA - Big Bear Creek Interceptor - Contract Revenue Obligation - Series 1990 1990 2011 3,537,246 TRA - Denton Creek Wastewater Pressure Interceptor - Contract Revenue Obligation - Series 1990 1990 2012 1,360,000 TRA - Demon Creek Wastewater Pressure Interceptor - Contract Revenue Obligation - Series 1994 1994 2017 5,230,000 $ 11,257,246 Total principal and interest requirements outstanding for all revenue bonds and contract revenue obligations for the respective years ending September 30, 1995 are as follows: Principal Interest Total 1996 $ 358,832 $ 1,380,430 $ 1,739,262 1997 513,924 1,141,676 1,655,600 1998 685,698 1,095,040 1,780,738 1999 728,472 1,041,211 1,769,683 2000 785,246 983,669 1,768,915 2001 -2017 14,212,074 7,506,345 21,718,419 $17,284,246 $13,148,371 $30,432,617 26 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 6. Advance Refunding Resulting In In- Substance Defeasance of Debt In previous years the City has legally defeased certain outstanding general obligation debt In placing funds Into irrevocable trusts pledged to pay all future debt service payments of the refunded debt. Accordingly, the trust pledged to pay all future debt service payaments of the refunded debt and the liability for the defeased issues are not included in the City's financial statements. As of September 30, 1995 the following outstanding bonds were legally defeased: Series Type Amounts 1985 Combination Tax and Revenue Certificates of Obligation $ 1,535,000 1990 Certificates of Obligation 745,000 1990 General Obligation 2,070.000 $ 4,350,000 Note 7. Retirement Plan Plan Description The City provides pension benefits for all of its full -time employees through a nontraditional, joint contributory, defined contribution plan in the state -wide Texas Municipal Retirement System (TMRS), one of over 650 administered by TMRS, an agent multiple- employer public employee ret':•ement system. It is the opinion of the TMRS management that the plans In TMRS are substantially defined contribution plans, but they have elected to provide additional voluntary disclosure to help foster a better understanding of some of the nontraditional characteristics of the plan. Benefits depend upon the sum of the employee's contributions to the plan, with interest, and the City- financed monetary credits, with Interest. At the date the plan began, the City granted monetary credits for service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent (100 %, 150 %, or 200 %) of the employee's accumulated contributions. In addition, the City can grant as often as annually another type of monetary credit referred to as an updated service credit which is a theoretical amount which, when added to the employee's accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumulated with Interest if the current employee contribution rate and City matching percent had always been In existence and If the employee's salary had always been the average of his salary in the last three years that are one year before the effective date. At retirement, the benefit Is calculated as if the sum of the employee's accumulated contributions with Interest and the employer - financed monetary credits with interest were used to purchase an annuity. 27 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 7. Retirement Plan - continued Plan Description - continued Members can retire at ages 60 and above with 10 or more years of service or with 25 years of service regardless of age. The plan also provides death and disability benefits. A member Is vested after 10 years, but he must leave his accumulated contributions In the plan. If a member withdraws his own money, he is not entitled to the employer - financed monetary credits, even if he was vested. The plan provisions are adopted by the governing body of the City, within the options available In the state statutes governing TMRS and wfthin the actuarial constraints also in the statutes. Contributions The contribution rate for the employees is 6 %, and the City matching percent Is currently 200 %, both as adopted by the governing body of the City. Under the state law governing TMRS, the City contribution rate Is annually determined by the actuary. This rate consists of the normal cost contribution rate and the prior service contribution rate, both of which are calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the currently accruing monetary credits due to City matching percent, which are the obligation of the City as of an employee's retirement date, not at the time the employee's contributions are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of the City to each employee at the time his retirement becomes effective. The prior service contribution rate amortizes the unfunded actuarial liability over the remainder of the plan's 25 -year amortization period. When the City periodically adopts updated service credits and Increases In annuities In effect, the Increased unfunded actuarial liability is to be amortized over a new 25 -year period. Curry ntly, the unfunded actuarial liability Is being amortized over the 25 year period which began January, 1995. The unit credit actuarial cost method Is used for determining the City contribution rate. Contributions are made monthly by both the employees and the City. Since the City needs to know its contribution rate in advance to budget for ft, there Is a one -year lag between the actuarial valuation that is the basis for the rate and the calendar year when the rate goes into effect. The City's total payroll in fiscal year 1995 was $3,735,169 and the City's contributions were based on a payroll of $3,642,670. Both the City and the covered employees made the required contributions, amounting to $239,504 (5.93% of covered payroll for the months in calendar year 1994, 4.82% normal cost plus 1.1% to amortize the unfunded actuarial liability, and 6.75% for the months in calendar year 1995, 5.68% normal cost plus 1.07% to amortize the unfunded actuarial liability) for the City and $210,726 (6 %) for the employees. The City adopted changes in the plan since the previous actuarial valuation, which had the effect of increasing the City's contribution rate for 1995 by 1.53% of payroll. There were no related -party transactions. 28 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 7. Retirement Plan - continued Funding Status and Progress Even though the substance of the City's plan is not to provide a defined benefit in some form, some additional voluntary disclosure is appropriate due to the nontraditional nature of the defined contribution plan which had an Initial unfunded pension benefit obligation due to the monetary credits granted by the City for services rendered before the plan began and which can have additions to the unfunded pension benefit obligation through the periodic adoption of Increases in benefit credits and benefits. Statement No. 5 of the Governmental Accounting Standards Board (GASB 5) defines pension benefit obligation as a standardized disclosure measure of the actuarial present value of pension benefits, adjusted for the effects of protected salary Increases, estimated to be payable In the future as a result of employee service to date. The measure is intended to help users assess the funding status of public employee pension plans, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among public employee pension plans. The pension benefit obligation shown below is similar in nature to the standardized disclosure measure required by GASB 5 for defined benefit plans except that there is no need to project salary increases since the benefit credlts earned for service to date are not dependent upon future salaries. The calculations were made as part of the annual actuarial valuation as of December 31, 1994. Because of the money - purchase nature of the plan, the Interest rate assumption, currently 8.5% per year, does not have as much Impact on the results as it does for a defined benefit plan. Market value of assets is not determined for each City's plan, but the market value of assets for TMRS as a whole was 98.6% of book value as of December 31, 1994. Pension Benefit Obligation Annuitants currently receiving benefits $ 27,492 Terminated employees 63,525 Current employees Accumulated employee contributions Including allocated Invested earnings 810,833 Employee- financed vested 805,264 Employer- financed nonvested 538.304 Total $ 2,245,418 Net assets available for benefits, at book value $ 1,579,673 Unfunded pension benefit obligation 665.745 2,245,418 The book value of assets is amortized cost for bonds and original cost for short-term securities and stocks. The actuarial assumptions used to compute the actuarially determined City contribution rate are the same as those used to compute the pension benefit obligation. The numbers above reflect the adoption of changes in the plan since the previous actuarial valuation, which had the effect of Increasing the pension benefit obligation by $230,896. 29 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 7. Retirement Plan - continued Trend Information Trend information gives an indication of the progress made In accumulating sufficient assets to pay benefits when due. Ten year trend information for TMRS Is available in the System's Comprehensive Annual Financial Report for its fiscal year ending December 31. Trend Information as it relates to the City of Southlake may be found in the supplementary Information of the City's Comprehensive Annual Financial Report. For the year ended December 31, 1994, 1993, and 1992, respectively, which Is the latest available Information, available assets were sufficient to fund 70.35 %, 79.07 %, and 91.28% of the pension benefit obligation. The unfunded pension benefit obligation represented 18.3 %, 10.1 %, and 3.5 %, of the payroll for employees covered by the plan for the years ended December 31, 1994, 1993 and 1992. Showing overfunded and unfunded pension benefit obligation as a percentage of annual covered payroll approximately adjusts for the effects of inflation for analysis purposes. Note 8. Deferred Compensation Plan The City offers its employees a deferred compensation plan created In accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. The Plan is administered by PEBSCO and ICMA and assets and liabilities are reported at approximate market value. All amounts of compensation deferred under the plan, all property and rights 7urchased with those amounts, and all Income attributable to those amounts, property and rights purchased with those available to the employee or other beneficiary) solely the property and rights of the City (without being restricted to the provisions of benefits under the plan), subject only to the claims of the City's general creditors. Participant's rights under the plan are equal to those of general creditors of the City In an amount equal to the fair market value of the deferred account for each participant. It is the opinion of management of the City that there is no liability for losses under the plan but that they do have the duty of due care that would be required of an ordinary prudent Investor. The City believes that It Is unlikely that It will use the assets to satisfy the claims of general creditors In the future. 30 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 9. Commitments and Contingencies The City has entered various contracts with the Trinity River Authority (TRA) and other cities. Terms of the agreements provide the City will pay an amount equal to Its proportional share of maintenance and operations and debt service based upon volumes of wastewater transported, treated or disposed of. The City's proportional share of future costs under these contracts is undeterminable and has not been recorded. Payments to the TRA under these contracts for the year ended September 30, 1995 was $187,462. The City has authorized various contracts obligating future funds of the City as the contracted services are performed. Significant amounts unexpended under such contracts at year end are reflected as reserves for authorized contracts In the applicable funds. Note 10. Risk Financing and Insurance The City is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. During the fiscal year 1990, the City Joined the Texas Municipal League Group Benefits Risk Pool and the Texas municipal League Workers Compensation Joint Insurance Fund for risks related to employees. Premiums are paid to these Pools, which retain a limit of loss. Reinsurance companies Insure the risks beyond those limits. The City retains, as a risk, only the deductible amount of each policy. The City continues to carry commercial Insurance for other risks including general liability, property and errors and omissions. Note 11. Contributed Capital Subsequent to the Issuance of the 1994 financial statements It was discovered that assets contributed to the water and sewer system by developers had not been recognized as contributed capital. Beginning contributed capital has been restated to reflect these contributed assets and the related accumulated depreciation on such assets. The changes in contributed capital are as follows: Balance, beginning $ 6,643,496 Prior period adjustments: Developer contributions 7,882,467 Accumulated depreciation on contributed assets at September 1, 1994 ( 369.593) Balance, beginning (as restated) 14,156,370 Impact fees 848,139 Development contributions 2,742,127 Depreciation on contributed assets ( 277,605) Other 27,226 Balance, ending $ 17,496,257 31 / outbid 32 APPENDIX C FORM OF BOND COUNSEL'S OPINION THIS PAGE LEFT BLANK INTENTIONALLY FULBRIGHT & JAWORSKI L. L. P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON 2200 Ross AVENUE WASHINGTON, D.C. AUSTIN SUITE 2800 SAN ANTONIO DALLAS TELEPHONE: 214/855 -8000 DALLAS, TEXAS 75201 NEW YORK FACSIMILE: 214/855 -8200 LOS ANGELES LONDON WRITER'S DIRECT DIAL NUMBER: HONG KONG 214/855 -8013 IN REGARD to the authorization and issuance of the "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997 (the "Certificates "), dated February 15, 1997 (the "Certificate Date "), in the principal amount of $9,670,000, we have examined into the legality and validity of the issuance thereof by the City of Southlake, Texas (the "City "), which Certificates are issuable in fully registered form only, in denominations of $5,000 or any integral multiple thereof (within a maturity), have stated maturities of February 15, 1998 through February 15, 2017, unless redeemed prior to maturity in accordance with the terms stated on the Certificates, and bear interest on the unpaid principal amount from the Certificate Date at the rates per annum stated in the ordinance authorizing the issuance of the Certificates (the "Ordinance "), such interest being payable on February 15 and August 15 in each year, commencing February 15, 1998, to the registered owners shown on the registration books of the Paying Agent/Registrar on the Record Date (stated on the face of the Certificates). WE HAVE SERVED AS BOND COUNSEL for the City solely to pass upon the legality and validity of the issuance of the Certificates under the Constitution and laws of the State of Texas, and with respect to the exclusion of the interest on the Certificates from gross income for federal income tax purposes and none other. We have not been requested to investigate or verify, and have not independently investigated or verified, any records, data or other material relating to the financial condition or capabilities of the City. Our examinations into the legality and validity of the Certificates included a review of the applicable and pertinent provisions of the Constitution and laws of the State of Texas, a transcript of certified proceedings of the City relating to the authorization and issuance of the Certificates, including the Ordinance, customary certifications and opinions of officials of the City and other pertinent showings, and an examination of the Certificates executed and delivered initially by the City, which we found to be in due form and properly executed. BASED ON OUR EXAMINATIONS, IT IS OUR OPINION that, under the applicable law of the United States of America and the State of Texas in force and effect on the date hereof: 1. The Certificates have been duly authorized by the City, and the Certificates issued in compliance with the provisions of the Ordinance are valid, legally binding and enforceable obligations of the City, payable from an ad valorem tax levied, within the limits prescribed by law, upon all taxable property in the City and additionally payable from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System in the manner and to the extent 0401111 Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P. Re: $9,670,000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997 ", dated February 15, 1997 provided in the Ordinance; except to the extent that the enforceability thereof may be affected by bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting creditors' rights or the exercise of judicial discretion in accordance with the general principles of equity. 2. Assuming continuing compliance after the date hereof by the City with the provisions of the Ordinance and in reliance upon representations and certifications of the City made in a certificate of even date herewith pertaining to the use, expenditure, and investment of the proceeds of the Certificates, interest on the Certificates for federal income tax purposes (a) will be excludable from gross income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to the date hereof (the "Code "), of the owners thereof pursuant to section 103 of the Code and existing regulations, published rulings, and court decisions thereunder, and (b) will not be included in computing the alternative minimum taxable income of individuals or, except as hereinafter described, corporations. Interest on all tax- exempt obligations, such as the Certificates, owned by a corporation will be included in such corporation's adjusted current earnings for tax years beginning after 1989 for purposes of calculating the alternative minimum taxable income of such corporation, other than an S corporation, a qualified mutual fund, a real estate mortgage investment conduit (REMIC), or a real estate investment trust (REIT). A corporation's alternative minimum taxable income is the basis on which the alternative minimum tax imposed by the section 55 of the Code will be computed. WE EXPRESS NO OPINION with respect to any other federal, state, or local tax consequences under present law or any proposed legislation resulting from the receipt or accrual of interest on, or the acquisition or disposition of, the Certificates. Ownership of tax- exempt obligations such as the Certificates may result in collateral federal tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance companies, certain foreign corporations doing business in the United States, S corporations with subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement Benefits, individuals otherwise qualifying for the earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. EHE:dfc 0401111 was ate PP PIP P m fi Nok- PP P 1 Financial Advisory Services Provided By FIRST SOUTHWEST COMPANY INVESTMENT BANKERS w BancAmerica Securities, Inc. Page 1 City of Southlake, Texas Tax and Waterworks and Sewer System Revenue Certificates of Obligation Series 1997 Dated Date 02/18/1997 Delivery Date 03/18/1997 Sources of Funds: Par Amount of Bonds $9,670,000.00 Accrued Interest from 02/15/97 to 03/18/97 $44,730.70 Total Sources of Funds $9,714,730.70 Uses of Funds: Net to Issuer $9,573,335.05 Original Issue Discount (OID) $28,832.20 Issuance Expenses: Total Underwriter's Discount (0.701%) $67,832.75 Deposit to Debt Service Fund $44,730.70 Total Uses of Funds $9,714,730.70 BancAmerica Securities, Inc. Page 2 City of Southlake, Texas Tax and Waterworks and Sewer System Revenue Certificates of Obligation Series 1997 Debt Service Schedule Total Debt Service Date Principal Coupon Interest Requirements 02/15/98 $45,000.00 3.750% $487,971.25 $532,971.25 02/15/99 $310,000.00 4.000% $486,283.75 $796,283.75 02/15/00 $325,000.00 4.100% $473,883.75 $798,883.75 02/15/01 $340,000.00 4.250% $460,558.75 $800,558.75 02/15/02 $355,000.00 4.300% $446,108.75 $801,108.75 02/15/03 $375,000.00 4.400% $430,843.75 $805,843.75 02/15/04 $390,000.00 4.500% $414,343.75 $804,343.75 02/15/05 $410,000.00 4.600% $396,793.75 $806,793.75 02/15/06 $435,000.00 4.700% $377,933.75 $812,933.75 02/15/07 $455,000.00 4.800% $357,488.75 $812,488.75 02/15/08 $480,000.00 5.000% $335,648.75 $815,648.75 02/15/09 $505,000.00 5.125% $311,648.75 $816,648.75 02/15/10 $535,000.00 5.250% $285,767.50 $820,767.50 02/15/11 $565,000.00 5.300% $257,680.00 $822,680.00 02/15/12 $595,000.00 5.300% $227,735.00 $822,735.00 02/15/13 $630,000.00 5.400% $196,200.00 $826,200.00 02/15/14 $670,000.00 5.400% $162,180.00 $832,180.00 02/15/15 $705,000.00 5.600% $126,000.00 $831,000.00 02/15/16 $750,000.00 5.600% $86,520.00 $836,520.00 02/15/17 $795,000.00 5.600% $44,520.00 $839,520.00 Total $9,670,000.00 $6,366,110.00 $16,036,110.00 Yield Statistics Accrued Interest from 02/15/97 to 03/18/97 $44,730.70 Bond Year Dollars $120,940.00 Average Life 12.507 Years Average Coupon 5.2638582% Net Interest Cost (NIC) 5.3437862% True Interest Cost (TIC) 5.3330289% BancAmerica Securities, Inc. Page 1 City of Southlake, Texas Tax and Waterworks and Sewer System Revenue Certificates of Obligation Series 1997 Initial Pricing February 18, 1997 9:00 A.M. Year Principal Coupon Price/Yield 1998 $45,000.00 3.750% 3.750% 1999 $310900.00 4.000% 4.000% 2000 $325900.00 4.100% 4.150% 2001 $340900.00 4.200% 4.250% 2002 $355900.00 4.300% 4.350% 2003 $375,000.00 4.400% 4.450% 2004 $390,000.00 4.500% 4.550% 2005 $410900.00 4.600% 4.650% 2006 $435900.00 4.700% 4.750% 2007 $455900.00 4.800% 4.850% 2008 $480900.00 5.000% 5.000% 2009 $505,000.00 5.000% 5.100% 2010 $535900.00 5.100% 5.200% 2011 $565,000.00 5.200% 5.300% 2012 $595,000.00 5.300% 5.350% 2013 $630,000.00 5.375% 5.400% 2014 $670,000.00 5.400% 5.450% 2017 $2,250,000.00 5.500% 5.550% BancAmerica Securities, Inc. Page 1 City of Southlake, Texas Tax and Waterworks and Sewer System Revenue Certificates of Obligation Series 1997 Final Pricing February 18, 1997 4:00 P.M. Year Principal Coupon Yield Dollar Price 1998 $45,000.00 3.750% 3.750% 100.000% 1999 $310,000.00 4.000% 4.000% 100.000% 2000 $325,000.00 4.100% 4.150% 99.861% 2001 $340,000.00 4.250% 4.250% 100.000% 2002 $355,000.00 4.300% 4.350% 99.777% 2003 $375,000.00 4.400% 4.450% 99.739% 2004 $390,000.00 4.500% 4.550% 99.702% 2005 $410,000.00 4.600% 4.650% 99.668% 2006 $435,000.00 4.700% 4.750% 99.636% 2007 $455,000.00 4.800% 4.850% 99.606% 2008 $480,000.00 5.000% 5.000% 100.000% 2009 $505,000.00 5.125% 5.150% 99.774% 2010 $535,000.00 5.250% 5.250% 100.000% 2011 $565,000.00 5.300% 5.350% 99.508% 2012 $595,000.00 5.300% 5.400% 98.979% 2013 $630,000.00 5.400% 5.450% 99.467% 2014 $670,000.00 5.400% 5.500% 98.902% 2017 $2,250,000.00 5.600% 5.600% 100.000% Investment Services Research Report CITY OF SOUTHLAKE TEXAS Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation Moody's: Aaa Expected (AMBAC) S &P: AAA Expected (AMBAC) SALE: February 18, 1997 (expected) FIRST INTEREST: February 15, 1998 AMOUNT: $9,670,000 INTEREST PAID: February 15 & August 15 DATED: February 15, 1997 FIRST OPTIONAL CALL: February 15, 2006 @ par DUE: February 15, 1998 - 2017 REGISTRATION: Book -Entry Only *See 'Redemption Provisions." PURPOSE Certificate proceeds will be used to finance improvements and extensions to the City's water and sewer facilities, improvements to municipal buildings, streets and drainage, and to finance the purchase of materials, equipment and machinery for various city departments. SECURITY The Certificates are direct obligations of the City, secured and payable from ad valorem property taxes within the limits prescribed by law. The Certificates are additionally secured by a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer System. SALES POINTS • The ultimate security for the Certificates is a municipal bond insurance policy issued by AMBAC. As of September 30, 1996, AMBAC reported total admitted assets of $2.5 billion and statutory capital of $1.4 billion • The City of Southlake is located in northeastern Tarrant County near the Dallas-Fort Worth International Airport. Due to its proximity to the Dallas-Fort Worth Metroplex, Southlake has experienced very strong growth in residential construction, population and assessed value. • The area economy is substantial and diversified, and key wealth characteristics high. The largest employers in the City include AMR/Sabre Group, Walmart, and the Caroll Independent School District. • The City's financial position is strong, characterized by ample reserve levels and good revenue growth. The City ended the 1996 fiscal year with a general fund balance of $2.3 million, representing a healthy 27.1% of revenues and a 36.2% increase from the prior year's balance. BA Investment Services, Inc. A BankAmerica Company REDEMPTION PROVISIONS • Optional Redemption: Beginning February 15, 2006, in whole or in part on any date, from any source of available funds, at a redemption price of par plus accrued interest. THE CITY The City of Southlake is located in the northeast portion of Tarrant County near the Dallas -Fort Worth International Airport, approximately 15 miles northwest of the City of Dallas and 10 miles northeast of the City of Fort Worth. Southlake is primarily residential in character, and rapid residential development in recent years has led to significant increases in both the City's population and tax base. The City's 1997 population totals 16,235, a very strong 129.2% increase over the 1990 level of 7,082. Tax base growth has been even stronger, with assessed value more than doubling since 1993 to its current $1.3 billion. The tax base is also well diversified, as the top ten taxpayers comprise only 8% of total assessed value. Southlake also benefits from its location within Tarrant County, which boasts a substantial and diverse economic base with a well established trade and service sector. Wealth levels are also well above average. .f FINANCIAL OPERATIONS The City's financial position is strong, characterized by ample reserve levels and good revenue growth. Since fiscal 1992, the City's general fund reserves have comprised in excess of 26% of fund revenues, reaching a high of 35% of revenues in fiscal 1994. For the fiscal year ending September 30, 1996, the City reported a general fund balance of $2.3 million, representing 27.1% of fund revenues and a 36.2% increase from the prior year's balance. Revenue growth has likewise been strong, with general fund revenues more than doubling between 1992 and 1996, from $3.9 million to $8.5 million. The City's primary source of general fund revenue is taxes - primarily property and sales taxes - which accounted for over 58% of fiscal 1996 revenues. Licenses and permits contributed 31.1% of the total, and fines and forfeitures 3 %. Barbara Todd February 12, 1997 SOUTHLKI This memorandum is based on information available to the public obtained from sources that we believe to be reliable, but no representation is made that it is accurate or complete. Opinions and projections found in this memorandum reflect our opinion as of the date of this memorandum and are subject to change without notice. This memorandum is not an offer to buy or sell any security. BankAmerica Corporation, its broker - dealer subsidianes and other subsidiaries, and their respective directors, officers and employees, may have positions in, and may effect transactions in, securities of companies mentioned herein and may also perform or seek to perform services for companies mentioned herein Daily Market Summary En 7.3 U.S. Treasury Yields . 7.0 6.3 Y _ i . .6.0 • A 5,3 rommumm "' Mo miCim "Yer All I. . 3.0 4.s' O/N 3mo bee 1Ye 2Yr 3Yr SYr 1OYr . 30Yr BOND EQUIVALENT YIELDS . O/N 3mo 6mo lYr 2Yr 3Yr SYr 10Yr 30Yr Today's Open 5.41 5.07 5.13 5.39 5.75 5.87 6.03 6.23 6.51 Prior Day's Open 5.01 5.07 3.14 S.39 5.75 5.67 6.03 6.25 6.52 Week Ago 5.23 5.11 ' 5.25 5.46 5.85 5.95 6.16 6.41 6.71 Month Ago 5.25 5.15 5.32 5.58 5.92 6.05 6.26 6,48 6.71 Year Ago 5.15 4.91 4.91 4.91 5.01 5.13 5.36 3.62 6.29 3-Month Low 4.68 4.90 5.13 5.34 5.57 5.67 5.81 6.02 6.32 3 -Month High 6.70 5.19 5.32 5.61 6.07 6.18 6.42 6.66 6.96 SWAPS Spread (ones) 19 20 25 34 360-DAY BASIS MONEY MARKET I' YIELDS (Discount rates in parentheses) Fed Funds Today's Open: 5 7/16 Prior Day's Range: 5 ce 5 1R Prior Day's Fdectlte: 5.15 Secondary Marta Opening Bids 1 Month 2 Months 3 Mont* 6 Months Treasury BM (4.84) 4.86 (4.94) 4.98 (4.97) 5.03 (4.96) 5.09 Agency Dist Notes (5.19) 5.21 (5.19) 5.24 (5.11) 5.25 (5.17) 5.31 Top Domestic BA's (5.27) 5.29 (5.27) 5.32 (5.27) 5.34 (5.28) 5.42 Japanese BA's (5.38) 5.40 (5.50) 5.55 (5.50) 5.58 (5.50) 5.66 Dealer Pieced CP (5.34) 5.36 (5.36) 5.41 (5.39) 5.46 (5.37) 5.52 Top Domestic CD's 5.30 5.32 5.34 5.41 Japanese Euro CD's 5.40 5.46 5.56 5.67 LIBOR 5 3/8 5 7/16 5 15/32 5 11/32 BOA New Issue Posed Rates BAC Commeedal Paper (5.22) 5.24 (5.23) 5.2.8 (5.23) 5.30 (5.24) 5.38 BotA Negodabk CD's 4.80 4.83 4.86 4.96 Bo(A E1tro Time Deposit 5 3/16 5 3/16 5 1/4 5 5/16 BancAmerica Securities, Inc. ' 2/1* 7 010131 Capitol Martel Grafi, 8•, ER BOA RATES ' ETHER PRIMA INTEREST CHECKING COR Investment Account " - INTBRESl'MAXIMIZER PERSONAL/BUSINESS Under 510,000: 1.00 1.01 550,000.599,999 : 3.00 3.05 Under 52,500: 2.00 2.02 510,000 - 124,999: 1.25 1.26 5100,000 - S499,999 : 3.80 187 62,55 • 59,999: 2.40 2.43 525,000. 1.50 1.51 8500,000.51,999,999 : 4.40 4.50 510,000 - 524,999: 4.00 4.08 550,000 • S99,999: 1.75 1.77 52,000,000 or more: 4.60 4.71 :25,000 - 549,999: 4.25 4.34 5100,000 or mon: 100 2.02 550,000.599,999: 4.40 4.50 5100,000 or more: 4.50 4.6o Bank of America Reference Rale : 8.25 EQUITY MARKETS • New York (yesterday's dose) BAC Stock: • 120 1/8 -2 7/8 DJIA: 6,988.96 -33.48 S&P 500: 808.41 -3.1$ Worldwide (ovnrai kt dose) Nikkei DOW: 18,470.75 - 251.25 Hong Kong: 13,102.94 -10.32 London (midday): 4,339.20 4.10 ICIPAL NOTES AND BONDS Tax Free Yields Tax Equivalent Ytdds' NOTES Maturity (months) w y (months) Rating 1 3 6 12 Mating 1 3 6 12 MIG1/VMIG1 3.40 3.45 3.50 3.55 MIG1/V1HIG1 5.86 5.94 6.03 6.12 'Aroma 41.95% combined Mall l and State tax bracket BONDS Maturity (year') Maturity (years) Grade 1 5 10 20 Grade 1 5 10 20 AAA 3.49 4.23 4.73 5.27 AAA 6.01 7.29 8.15 9.01 AA 3.62 4.34 4.84 5.38 M 6.24 7.48 8.34 9.2' A 3.75 4.49 4.99 5.53 A 6.46 7.73 8.60 9.5; Bu 3.93 4.81 5.32 5.82 Bat 6.77 8.29 9.16 10.01 'Maumee 41.95% combined Federal and State tax btaokat FOREIGN EXCHANGE. PRECIOUS METALS and OIL PRICES Foreign Exchange Precious Meade OK Prices DoOtr DM Yea Sterling Ioddt Gold Silver WTI Crude 1.6990 124.10 1.6025 95.63 345.90 5.23 22.35 NAME and/or ADDRESS CHANGES = Please correct muting label for name and/or address changes and return to Daily Market Susmary Ea»tMerlea Securities, I. 110071 • FO ' i - - - 4`T AL I SE • Y ._ , ()ND B UYER® TILE DAILY NEWSPAPER OF MUNICIPAL F IN A NCE Tuesday, February 18, 1997 F avorable Data, But for now, the week's largest sale is a $260 million issue for the Hempstead, N.Y., Rally Momentum InatrstriaJ t A be priced tomorrow Developmen by book- runner uthority Smith due to Barney Inc. Help Munis Finish The bonds will be insured by MBIA In- O n a Strong M � �1 Piper Jaffray Inc. will price Note a $79.8 million Arapahoe County, ,Colo By Niamh Ring general obligation refunding issue out of the firm's Denver office today. Municipal bond prices ended the week The bonds, which are for the Cherry Creek School District No. 5, are rated Aa2 on an uptick Friday, as tax- exempts were quoted up a' /, to 1/2 point, aided by favor- by'Moody's Investors Service and AA by able economic data and follow - through Standard & Poor's. Fitch Investors Ser- from Thursday's rally. vice does not rate Arapahoe GOs. The steepest drop in producer prices in more than two years Tomorrow, J.P. Mo rg an Securities Inc. . threw fuel on a will price an $86 million refunding bond is- bond market still sue from the M-S-R Public Power Agency 111111 buoyant after t still i l l for the San Juan project in California The is- day am after Thu s- sue, which contains a single term maturity sion. due in 2020, is rated A3 by Moody's and A The overall produc- by Standard & Poor's. Fitch does not rate the er price index fell power agency. 0.3% in January, Elsewhere, a $78 million issue containing - while the core PPI both senior and subordinate lien debt from 0 1 - _,,,- `- - " number was un- Harms County, Tex., has been postponed changed from De- until next week, said Faye Christopher, di- x ., cember, The drop in rector of financial services for the county. broad PPI came as "Our Commissioner's Court does not meet a surprise and con- next week because of Presidents Day," M UNICIPAL tradicted a consen- Christopher said Friday. She said the court sus expectation for needs to give final authorization for the sale. MARKET a 0.2% rise. The bonds will instead come to market Much of Friday's n hers. ersenior manager Lelunan activity, however, was concentrated in the Brothers• morning due to the shortened pre- holiday The issue, which will refinance outstanding session. debt associated with Houston's Astrodome "It really got quiet, it's a little sleepy sports complex, will be MBIA- insured right now," said a trader speaking at about The Bond Buyer's 30-day visible supply of noon Friday. However, traders noted a new issues expected to come to market with_ "firmer" tone in early trading. in the next month totaled $3 billion, down Late in the session Friday, the bench- $200.5 million. That comprised $1.77 billion mark long bond was up over 1/2 point, at 1% of competitive issues, down $155.3 million, to yield 6.52%. and $1.22 billion of negotiated issues, down In the debt futures market, the March mu- $45.2 million. crpai contract closed up 2 1/22 to 117afrz The Standard & Poor's Blue List of dealer in- m March MOB spread was 125 compared with a thin $9hn $ rose $13.3 million but remains at 123 Thursday. a t6 million. 0 - Meanwhile, after a brief respite from the rticent lack of new paper, the new -issue cal- endar is lean again this week, in part because of the holiday, players said. "Hopefully now with the yields getting a little lower, we'll see some refunding deals come to market," said one municipal play- er. SOUTHWEST Arkansas • Colorado ♦ Kansas ♦ New Mexico • Oklahoma ♦ Texas Impact Fees Help Fund Booming C Infrastructure Needs F"-t.isa Sanders M ore and more these days, local Southlake's population has swelled ter size and range from $1,136 to $87,112 governments in the Southwest are from 7,050 in 1990 to an estimated 16,200 per residence. turning to impact fees to finance today. "We have tried to remain market -sen- their multiplying infrastructure needs. As recently as April, Southlake officials sitive to costs, and have discounted our For a number of years, people have added impact fees for roads at a cost of fees to about 50% of what the law allows," flocked to states in the region for their $1,150 per single - family dwelling to help said Frank Turner, Plano's director of quality of life and increased job opportu- maintain the city's streets. Officials have development services. "Some cities don't nities. But that migration has also put a also discussed a drainage impact fee, but discount as heavily as we do. We don't strain on many communities, as growth have taken no action to impose one yet. want to discourage new development — outstrips sources of financing for such es- Heath said much of the revenue derived we want to help fund the cost of infra - sentials as water and sewer systems. from the fees is dedicated to retiring debt. structure." Hence, communities are using impact Indeed, the city plans to come to market Marion, Ark., Mayor Frank Fogelman fees — assessed on developers of resi- today with $9.7 million of certificates of also supports that view, but he goes one dertial or commercial property, based on obligation to pay for infrastructure im- step further. such factors as the size of the water meter provements. The portion that pays for im- `The people that have been there — to help offset the cost of debt service provements to the water and sewer sys- shouldn't have to pay for growth," Fogel - on capital improvements. "I think that [impact man said. fees] are an element to Marion, a town some financings," said west of Memphis Paul Devine, a vice pres- with a population ident at Moody's In- � of 6,000, began to vectors Service. "It's part ere in the throes of figuring out what to do about growth, assess water and of the whole trend that but in times of growth, we need to avail ourselves of revenues, sewer fees v l o p - dential dev those who benefit incur + el some of the costs:' says Albuquerque, N.M., economist Lee Reynis. mein[ in the late Southlake, Tex., north- • 1980s. Now, as the east of Fort Worth, began bedroom commu- to grow when the city pity readies itself converted its septic tank for industrial and commercial s; .tem into a sewer system in 1990, ac- tem will be backed by water and sewer growth, officials are discussing impact cording to LouAnn Heath, the city's fi- revenues, with a secondary pledge of wa- fees for water and sewers, for streets, and nance director. As a result, city officials ter and sewer impact fees. maybe even for fire and police, in non - chose to assess water and sewer impact Plano, another fast - growing city north residential areas. fees on housing developers, totaling of Dallas, uses its impact fees for similar While Marion debates the issue, offi- $2,250 per single - family dwelling built, purposes. With more than 100,000 peo- vials in Albuquerque, N.M., wait for their to keep up with demands on the system ple, the city has had its present water and opportunity to take further advantage of and spare taxpayers some of the cost of sewer impact fee program in place since the financing mechanism. For several debt service. 1990. Since then, it has added impact fees years, the city has imposed impact fees "It's a vehicle for growing cities," Heath for city parks to developers' costs, charg- for water and sewer improvements as well said. "Some things are so capital - inten- ing $500 per single - family home. Water as parks. But the city is reviewing its com- sive up front." and sewer impact fees are based on me- prehensive plan for transportation, land use, and water and sewer programs, and will not assess addi- tional fees on devel- opment until the re- view is complete. Although Albu- ' querque is growing at a rate of only 1.6% a year, residents are feeling the pinch, said Lee Reynis, the city's economist. "Impact fees have been discussed for three years," Reynis said. "We're in the throes of figuring out what to do about growth, but in times of growth, we need to avail ourselves of rev- enues. Impact fees would complement other tools in imple- menting the growth r r r ,.. MN r r •r SIM r • IN • r PRELIMINARY OFFICIAL STATEMENT CD CD LL o o 7, Dated February 10, 1997 — Ratings: a N Moody's: Applied For S &P: Applied For m ° See ( "Other Information NEW ISSUE - Book - Entry -Only Ratings" herein) • ° • A In the opinion of Bond Counsel, interest on the Certificates will be excludable from gross income for federal income tax ° purposes under existing law, subject to the matters described under "Tax Exemption" herein, including the alternative minimum ° 3 tax on corporations. c ° — m THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX - EXEMPT OBLIGATIONS" FOR FINANCIAL o o j INSTITUTIONS $9,670,000 E o Y CITY OF SOUTHLAKE, TEXAS (Tarrant and Denton Counties) ° L 1" TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE 0 CERTIFICATES OF OBLIGATION, SERIES 1997 2 Dated Date: February 15,1997 Due: February 15, as shown on inside cover 0= w PAYMENT TERMS ... Interest on the $9,670,000 City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited • Q Pledge) Revenue Certificates of Obligation, Series 1997 (the "Certificates ") will accrue from the dated date shown above, will E ° o be payable February 15 and August 15 of each year commencing February 15, 1998, and will be calculated on the basis of a C 360 -day year consisting of twelve 30 -day months. The definitive Certificates will be initially registered and delivered only to U Cede & Co., the nominee of The Depository Trust Company ( "DTC ") pursuant to the Book - Entry-Only System described N herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No c E physical delivery of the Certificates will be made to the owners thereof. Principal of, premium, if any, and interest on the ° E' Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to t 8 2 the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "The Certificates - `- E o Book- Entry-Only System" herein. The initial Paying Agent/Registrar is Texas Commerce Bank N.A., Dallas, Texas (see "The °' a Certificates - Paying Agent/Registrar"). AUTHORITY FOR ISSUANCE ... The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, E (the "State ") particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 0 0 1971), as amended, and constitute direct obligations of the City of Southlake, Texas (the "City"), payable from a combination of .2 (i) the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property o within the City, and (ii) a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer • E o System, as provided in the ordinance authorizing the Certificates (the "Ordinance ") (see "The Certificates - Authority for E 3 Issuance "). o a • N N PURPOSE ... Proceeds from the sale of the Certificates will be used for (i) improvements and extensions to water and sewer o facilities; (ii) street and drainage improvements; (iii) improvements to municipal buildings; (iv) the purchase of materials, ▪ o equipment and machinery for various city departments; and (v) paying the costs associated with the issuance of the Certificates. N N r _ cv C O m n • E a`) SEE MATURITY SCHEDULE ON REVERSE OF THIS PAGE L • U O ▪ U _ C O 7 - C N C ° ° E REDEMPTION OPTION ... The City reserves the right, at its option, to redeem Certificates having stated maturities on and after a 3 February 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2006 or E any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Certificates - Optional E o 5 Redemption "). 2. C' ) 7°- LEGALITY ... The Certificates are offered for delivery when, as and if issued and received by the Underwriters and subject to the approving opinion of the Attorney General of Texas and the opinion of Fulbright & Jaworski L.L.P., Bond Counsel, Dallas, Texas (see Appendix C, "Form of Bond Counsel's Opinion "). Certain legal matters will also be passed upon for the Underwriters • `° by McCall, Parkhurst & Horton L.L.P., Dallas, Texas. E a DELIVERY ... It is expected that the Certificates will be available for delivery through The Depository Trust Company on March 18, 1997. ia E N ° N N 0 UP $ANCAMERICA SECURITIES, INC. N - o E Oiv • m) • M ESTRADA HINOJOSA & COMPANY, INC. • E g' MATURITY SCHEDULE Price Price or or Amount Maturity Rate Yield Amount Maturity Rate Yield $ 45,000 1998 $ 480,000 2008 310,000 1999 505,000 2009 325,000 2000 535,000 2010 340,000 2001 565,000 2011 355,000 2002 595,000 2012 375,000 2003 630,000 2013 390,000 2004 670,000 2014 410,000 2005 705,000 2015 435,000 2006 750,000 2016 455,000 2007 795,000 2017 (Accrued Interest from February 15, 1997 to be added) 2 This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale. No dealer, broker, salesperson or other person has been authorized to give 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. The information set forth herein has been obtained from the City and other sources believed to be reliable, but such information is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee of the Financial Advisor. This Official Statement contains, in part, estimates and matters of opinion which are not intended as statements of fact, and no representation is made as to the correctness of such estimates and opinions, or that they will be realized. The information and expressions of opinion contained herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described. TABLE OF CONTENTS LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE OFFICIAL STATEMENT SUMMARY 4 PUBLIC FUNDS IN TEXAS 25 CITY OFFICIALS, STAFF AND CONSULTANTS 6 LEGAL OPINIONS AND No- LITIGATION CERTIFICATE.. 25 ELECTED OFFICIALS 6 AUTHENTICITY OF FINANCIAL DATA AND OTHER SELECTED ADMINISTRATIVE STAFF 6 INFORMATION 26 CONSULTANTS AND ADVISORS 6 CONTINUING DISCLOSURE OF INFORMATION 26 FINANCIAL ADVISOR 27 INTRODUCTION 7 UNDERWRITING 27 THE CERTIFICATES 7 APPROVAL OF OFFICIAL STATEMENT 27 TAX INFORMATION 11 APPENDICES TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL GENERAL INFORMATION REGARDING THE CITY A OBLIGATION DEBT 13 EXCERPTS FROM THE ANNUAL FINANCIAL REPORT.. B TABLE 2 - TAXABLE ASSESSED VALUATIONS BY FORM OF BOND COUNSELS OPINION C CATEGORY 14 TABLE 3 - VALUATION AND GENERAL OBLIGATION The cover page hereof, this page, the appendices included DEBT HISTORY 15 herein and any addenda, supplement or amendment hereto, TABLE 4 - TAX RATE, LEVY AND COLLECTION are part of the Official Statement. HISTORY 15 TABLE 5 - TEN LARGEST TAXPAYERS 15 TABLE 6 - TAX ADEQUACY 16 TABLE 7 - ESTIMATED OVERLAPPING DEBT 16 DEBT INFORMATION 17 TABLE 8 - PRO -FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS 17 TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION 17 TABLE 10 - COMPUTATION OF SELF - SUPPORTING DEBT 17 TABLE 1 1 - OTHER OBLIGATIONS 18 FINANCIAL INFORMATION 19 TABLE 12 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY 19 TABLE 13 - MUNICIPAL SALES TAX HISTORY 20 TABLE 14 - CURRENT INVESTMENTS 22 TAX MATTERS 23 OTHER INFORMATION 25 RATINGS 25 LITIGATION 25 REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE 25 3 OFFICIAL STATEMENT SUMMARY This summary is subject in all respects to the more complete information and definitions contained or incorporated in this Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Official Statement. No person is authorized to detach this summary from this Official Statement or to otherwise use it without the entire Official Statement. THE CITY The City of Southlake is a political subdivision and municipal corporation of the State, located in Tarrant and Denton Counties, Texas. The City covers approximately 23 square miles (see "Introduction - Description of City"). THE CERTIFICATES The Certificates are issued as $9,670,000 Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997. The Certificates are issued as serial certificates maturing February 15, 1998 through February 15, 2017 (see "The Certificates - Description of the Certificates "). PAYMENT OF INTEREST Interest on the Certificates accrues from February 15, 1997, and is payable February 15, 1998, and each February 15 and August 15, thereafter until maturity or prior redemption (see "The Certificates - Description of the Certificates" and "The Certificates - Optional Redemption "). AUTHORITY FOR ISSUANCE The Certificates are issued pursuant to the general laws of the State, particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as amended, and an Ordinance passed by the City Council of the City (see "The Certificates - Authority for Issuance "). SECURITY FOR THE CERTIFICATES The Certificates constitute direct obligations of the City, payable from a combination of (i) the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property within the City, and (ii) a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer System (see The Certificates - Security and Source of Payment "). OPTIONAL REDEMPTION The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2006, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Certificates - Optional Redemption "). TAX EXEMPTION In the opinion of Bond Counsel, the interest on the Certificates will be excludable from gross income for federal income tax purposes under existing law, subject to the matters described under the caption "Tax Matters" herein, including the alternative minimum tax on corporations. USE OF PROCEEDS Proceeds from the sale of the Certificates will be used for (i) improvements and extensions to water and sewer facilities; (ii) street and drainage improvements; (iii) improvements to municipal buildings; (iv) the purchase of materials, equipment and machinery for various city departments; and (v) paying the costs associated with the issuance of the Certificates. RATINGS The presently outstanding tax supported debt of the City is rated "A" by Moody's Investors Service, Inc. ( "Moody's ") and "A" by Standard & Poor's Ratings Services, A Division of The McGraw -Hill Companies, Inc. ( "S &P "). The City also has twelve issues outstanding which are rated "Aaa" by Moody's and "AAA" by S &P through insurance by various commercial insurance companies. Application for contract ratings on the Certificates have been made to Moody's and S &P (see "Other Information - Ratings "). 4 BOOK - ENTRY -ONLY SYSTEM The definitive Certificates will be initially registered and delivered only to Cede & Co., the nominee of DTC pursuant to the Book - Entry-Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Certificates will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates (see "The Certificates - Book- Entry-Only System ") . PAYMENT RECORD The City has never defaulted in payment of its general obligation tax debt. SELECTED FINANCIAL INFORMATION Ratio G.O. Fiscal Per Capita Per Tax Debt Year Estimated Taxable Taxable General Capita to Taxable % of Ended City Assessed Assessed Obligation G. O. Tax Assessed Total Tax 9/30 Population Valuation Valuation Tax Debt Debt Valuation Collections 1993 8,700 619,564,581 71,214 11,186,137 1,286 1.81% 104.41% 1994 10,400 685,069,698 65,872 18,076,137 1,738 2.64% 103.88% 1995 12,750 821,386,985 64,423 24,196,137 1,898 2.95% 102.49% 1996 (2) 14,195 1,064,449,048 74,988 25,946,137 1,828 2.44% 101.87% 1997 (3) 16,235 1,309,488,163 80,658 34,561,137 2,129 2.64% N/A (1) Source: North Central Texas Council of Governments and the City Staff. (2) Preliminary figures furnished by the City Staff. (3) Projected. Includes the Certificates. GENERAL FUND CONSOLIDATED STATEMENT SUMMARY Fiscal Year Ended September 30 1996 (I) 1995 1994 1993 1992 Beginning Balance $ 1,689,295 $ 2,059,031 $ 1,521,101 $ 1,136,448 $ 875,223 Total Revenue 8,474,051 6,375,681 5,587,324 4,678,980 3,907,393 Total Expenditures 8,166,749 7,040,649 5,774,667 4,453,773 3,836,342 Net Transfers 308,866 318,860 725,273 159,446 190,174 Other Miscellaneous Adjust. - (23,628) - - - Net Funds Available 616,168 (369,736) 537,930 384,653 261,225 Ending Balance $ 2,305,463 $ 1,689,295 $ 2,059,031 $ 1,521,101 $ 1,136,448 (1) Preliminary, unaudited figures furnished by the City Staff. For additional information regarding the City, please contact: Mr. Curtis E. Hawk Mr. James S. Sabonis Ms. Lou Ann Heath Mr. Jeff W. Robert City of Southlake or First Southwest Company 667 N. Carroll Avenue 1700 Pacific Avenue Southlake, Texas 76092 Suite 500 (817) 481 -5581 Dallas, Texas 75201 (214) 953-4000 5 CITY OFFICIALS, STAFF AND CONSULTANTS ELECTED OFFICIALS Length of Term City Council Service Expires Occupation Rick Stacy 1 Year 5 / 97 Owner, Furniture Store Mayor W. Ralph Evans 1 Year 5 / 99 Insurance Mayor Pro Tem Pamela Muller 2 Years 5 / 98 Community Volunteer Deputy Mayor Pro Tem Wayne Moffat 1 Year 5 / 97 Firefighter Councilmember David Harris 1 Year 5 / 98 Attorney Councilmember Gary Fawks 1 Year 5 / 98 Sales Councilmember Scott Martin 1 Year 5 / 99 Architect Councilmember SELECTED ADMINISTRATIVE STAFF Length of Name Position Service Curtis E. Hawk City Manager 8 Years Lou Ann Heath Director of Finance 6 Years Sandra L. LeGrand City Secretary 19 Years CONSULTANTS AND ADVISORS Auditors Weaver and Tidwell L.L.P. Dallas, Texas Engineers Cheatham & Associates Arlington, Texas Bond Counsel Fulbright & Jaworski L.L.P. Dallas, Texas Financial Advisor First Southwest Company Dallas, Texas 6 OFFICIAL STATEMENT RELATING TO $9,670,000 CITY OF SOUTHLAKE, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997 INTRODUCTION This Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of $9,670,000 City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997. Capitalized terms used in this Official Statement have the same meanings assigned to such terms in the Ordinance to be adopted on the date of sale of the Certificates which will authorize the issuance of the Certificates, except as otherwise indicated herein. There follows in this Official Statement descriptions of the Certificates and certain information regarding the City and its finances. All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such document. Copies of such documents may be obtained from the City's Financial Advisor, First Southwest Company, Dallas, Texas. DESCRIPTION OF THE CITY ... The City is a political subdivision and municipal corporation of the State, duly organized and existing under the laws of the State, including the City's Home Rule Charter. The City first adopted its Home Rule Charter in 1987. The City operates under a Council/Manager form of government with a City Council comprised of the Mayor and six Councilmembers who are elected for staggered three -year terms. The City Council formulates operating policy for the City while the City Manager is the chief administrative officer. Some of the services that the City provides are: public safety (police and fire protection), highways and streets, electric, water and sanitary sewer utilities, health and social services, culture- recreation, public transportation, public improvements, planning and zoning, and general administrative services. The 1990 Census population for the City was 7,065, while the estimated 1997 population is 16,235. The City covers approximately 23 square miles. THE CERTIFICATES DESCRIPTION OF THE CERTIFICATES ... The Certificates are dated February 15,1997, and mature on February 15 in each of the years and in the amounts shown on the cover page hereof. Interest will be computed on the basis of a 360 -day year of twelve 30- day months, and will be payable on February 15 and August 15, commencing February 15, 1998. The definitive Certificates will be issued only in fully registered form in any integral multiple of $5,000 for any one maturity and will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company ( "DTC ") pursuant to the Book - Entry-Only System described herein. No physical delivery of the Certificates will be made to the owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "Book- Entry-Only System" herein. AUTHORITY FOR ISSUANCE .. .The Certificates are being issued pursuant to the Constitution and general laws of the State of Texas, particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as amended, and the Ordinance. SECURITY AND SOURCE OF PAYMENT ... All taxable property within the City is subject to a continuing direct annual ad valorem tax levied by the City sufficient to provide for the payment of principal of and interest on all obligations payable in whole or in part from ad valorem taxes, which tax must be levied within limits prescribed by law. Additionally, the Certificates are payable from and secured by a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Waterworks and Sewer System, as provided in the Ordinance authorizing the Certificates. TAX RATE LIMITATION ... All taxable property within the City is subject to the assessment, levy and collection by the City of a continuing, direct annual ad valorem tax sufficient to provide for the payment of principal of and interest on all ad valorem tax debt within the limits prescribed by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum ad valorem tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. The Home Rule Charter of the City adopts the constitutionally authorized maximum tax rate of $2.50 per $100 Taxable Assessed Valuation. OPTIONAL REDEMPTION ... The City reserves the right, at its option, to redeem Certificates having stated maturities on and after February 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2006, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If less than all of the Certificates are to be redeemed, the City may select the maturities of Certificates to be redeemed. If less than all the Certificates 7 of any maturity are to be redeemed, the Paying Agent/Registrar (or DTC while the Certificates are in Book - Entry-Only form) shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. If a Certificate (or any portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable on such redemption date and interest thereon shall cease to accrue from and after the redemption date, provided funds for the payment of the redemption price and accrued interest thereon are held by the Paying Agent/Registrar on the redemption date. NOTICE OF REDEMPTION ... Not less than 30 days prior to a redemption date for the Certificates, the City shall cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Certificates to be redeemed, in whole or in part, at the address of the registered owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the business day next preceding the date of mailing such notice. ANY NOTICE SO MAILED SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN, WHETHER OR NOT THE REGISTERED OWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE CERTIFICATES CALLED FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND NOTWITHSTANDING THAT ANY CERTIFICATE OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYMENT, INTEREST ON SUCH CERTIFICATE OR PORTION THEREOF SHALL CEASE TO ACCRUE. BOOK- ENTRY -ONLY SYSTEM . . . The Depository Trust Company ( "DTC "), New York, New York, will act as securities depository for the Certificates. The Certificates will be issued as fully- registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully- registered certificate will be issued for each maturity of the Certificates in the aggregate principal amount of each such maturity and will be deposited with DTC. DTC is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 1 7A of the Securities Exchange Act of 1934. DTC holds securities that its participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book -entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Certificates under the DTC system must be made by or through DTC Participants, which will receive a credit for such purchases on DTC's records. The ownership interest of each actual purchaser of each Certificate ("Beneficial Owner ") is in turn to be recorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Certificates are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Certificates, except in the event that use of the book -entry system described herein is discontinued. To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Certificates with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Certificates are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Neither DTC nor Cede & Co. will consent or vote with respect to the Certificates. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the Record Date (hereinafter defined). The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Certificates are credited on the Record Date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Certificates will be made to DTC. DTC's practice is to credit Direct Participants' accounts on each payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on such payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered 8 in "street name," and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the City, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Certificates at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Certificates will be printed and delivered. Use of Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it should be understood that while the Certificates are in the Book - Entry-Only System, references in other sections of this Official Statement to registered owners should be read to include the person for which the Participant acquires an interest in the Certificates, but (i) all rights of ownership must be exercised through DTC and the Book - Entry-Only System, and (ii) except as described above, notices that are to be given to registered owners under the Ordinance will be given only to DTC. Information concerning DTC and the Book - Entry-Only System has been obtained from DTC and is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by the City or the Purchasers. PAYING AGENT /REGISTRAR ... The initial Paying Agent/Registrar is Texas Commerce Bank N.A., Dallas, Texas. In the Ordinance, the City retains the right to replace the Paying Agent /Registrar. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are duly paid and any successor Paying Agent/Registrar shall be a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar for the Certificates. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of the Certificates by United States mail, first class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. TRANSFER, EXCHANGE AND REGISTRATION . . . In the event the Book - Entry-Only System should be discontinued, the Certificates may be transferred and exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender thereof to the Paying Agent/Registrar and such transfer or exchange shall be without expense or service charge to the registered owner, except for any tax or other governmental charges required to be paid with respect to such registration, exchange and transfer. Certificates may be assigned by the execution of an assignment form on the respective Certificates or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. New Certificates will be delivered by the Paying Agent/Registrar, in lieu of the Certificates being transferred or exchanged, at the principal office of the Paying Agent /Registrar, or sent by United States mail, first class, postage prepaid, to the new registered owner or his designee. To the extent possible, new Certificates issued in an exchange or transfer of Certificates will be delivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of the Certificates to be canceled, and the written instrument of transfer or request for exchange duly executed by the registered owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Certificates registered and delivered in an exchange or transfer shall be in any integral multiple of $5,000 for any one maturity and for a like aggregate principal amount as the Certificates surrendered for exchange or transfer. See "Book -Entry-Only System" herein for a description of the system to be utilized initially in regard to ownership and transferability of the Certificates. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of the uncalled balance of a Certificate. RECORD DATE FOR INTEREST PAYMENT ... The record date ( "Record Date ") for the interest payable on the Certificates on any interest payment date means the close of business on the last business day of the preceding month. In the event of a non - payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest ( "Special Payment Date ", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. BONDHOLDERS' REMEDIES ... The Ordinance does not establish specific events of default with respect to the Certificates. Under State law there is no right to the acceleration of maturity of the Certificates upon the failure of the City to observe any covenant under the Ordinance. Although a registered owner of Certificates could presumably obtain a judgment against the City if a default occurred in the payment of principal of or interest on any such Certificates, such judgment could not be satisfied by 9 execution against any property of the City. Such registered owner's only practical remedy, if a default occurs, is a mandamus or mandatory injunction proceeding to compel the City to levy, assess and collect an annual ad valorem tax sufficient to pay principal of an interest on the Certificates as it becomes due. The enforcement of any such remedy may be difficult and time consuming and a registered owner could be required to enforce such remedy on a periodic basis. The Ordinance does not provide for the appointment of a trustee to represent the interests of the bondholders upon any failure of the City to perform in accordance with the terms of the Ordinance, or upon any other condition. Furthermore, the City is eligible to seek relief from its creditors under Chapter 9 of the U.S. Bankruptcy Code. Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, the pledge of taxes in support of a general obligation of a bankrupt entity is not specifically recognized as a security interest under Chapter 9. Chapter 9 also includes an automatic stay provision that would prohibit, without Bankruptcy Court approval, the prosecution of any other legal action by creditors or bondholders of an entity which has sought protection under Chapter 9. Therefore, should the City avail itself of Chapter 9 protection from creditors, the ability to enforce would be subject to the approval of the Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to the enforceability of the Ordinance and the Certificates are qualified with respect to the customary rights of debtors relative to their creditors. USE OF CERTIFICATE PROCEEDS ... Proceeds from the sale of the Certificates are expected to be expended as follows: Certificates Deposit to Project Fund $ Deposit to Interest & Sinking Fund Underwriters Discount Original Issue Discount Bond Insurance Other Costs of Issuance Total $ 10 TAX INFORMATION An VALOREM TAx LAW ... The appraisal of property within the City is the responsibility of the Tarrant County Appraisal District (the "Appraisal District "). Excluding agricultural and open -space land, which may be taxed on the basis of productive capacity, the Appraisal District is required under the Property Tax Code to appraise all property within the Appraisal District on the basis of 100% of its market value and is prohibited from applying any assessment ratios. The value placed upon property within the Appraisal District is subject to review by an Appraisal Review Board, consisting of three members appointed by the Board of Directors of the Appraisal District. The Appraisal District is required to review the value of property within the Appraisal District at least every three years. The City may require annual review at its own expense, and is entitled to challenge the determination of appraised value of property within the City by petition filed with the Appraisal Review Board. Reference is made to the V.T.C.A., Property Tax Code, for identification of property subject to taxation; property exempt or which may be exempted from taxation, if claimed; the appraisal of property for ad valorem taxation purposes; and the procedures and limitations applicable to the levy and collection of ad valorem taxes. Article VIII of the State Constitution ( "Article VIII ") and State law provide for certain exemptions from property taxes, the valuation of agricultural and open -space lands at productivity value, and the exemption of certain personal property from ad valorem taxation. Under Section 1 -b, Article VIII, and State law, the governing body of a political subdivision, at its option, may grant: (1) An exemption of not less than $3,000 of the market value of the residence homestead of persons 65 years of age or older and the disabled from all ad valorem taxes thereafter levied by the political subdivision; (2) An exemption of up to 20% of the market value of residence homesteads. The minimum exemption under this provision is $5,000. State law and Section 2, Article VIII, mandate an additional property tax exemption for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces; the exemption applies to either real or personal property with the amount of assessed valuation exempted ranging from $5,000 to a maximum of $12,000. Article VIII provides that eligible owners of both agricultural land (Section 1 -d) and open -space land (Section 1 -d -1), including open -space land devoted to farm or ranch purposes or open -space land devoted to timber production, may elect to have such property appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both Section 1 -d and 1 -d -1. Nonbusiness personal property, such as automobiles or light trucks, are exempt from ad valorem taxation unless the governing body of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorem taxation. Article VIII, Section 1-j, provides for "freeport property" to be exempted from ad valorem taxation. Freeport property is defined as goods detained in Texas for 175 days or less for the purpose of assembly, storage, manufacturing, processing or fabrication. Decisions to continue to tax may be reversed in the future; decisions to exempt freeport property are not subject to reversal. The City and the other taxing bodies within its territory may agree to jointly create tax increment financing zones, under which the tax values on property in the zone are "frozen" at the value of the property at the time of creation of the zone. The City also may enter into tax abatement agreements to encourage economic development. Under the agreements, a property owner agrees to construct certain improvements on its property. The City in turn agrees not to levy a tax on all or part of the increased value attributable to the improvements until the expiration of the agreement. The abatement agreement could last for a period of up to 10 years. EFFECTIVE TAX RATE AND ROLLBACK TAX RATE . . . By each September 1 or as soon thereafter as practicable, the City Council adopts a tax rate per $100 taxable value for the current year. The tax rate consists of two components: (1) a rate for funding of maintenance and operation expenditures, and (2) a rate for debt service. Under the Property Tax Code, the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate ". The City Council may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103% of the effective tax rate until it has held a public hearing on the proposed increase following notice to the taxpayers and otherwise complied with the Property Tax Code. If the adopted tax rate exceeds the rollback tax rate the qualified voters of the City by petition may require that an election be held to determine whether or not to reduce the tax rate adopted for the current year to the rollback tax rate. "Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values (adjusted). "Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included in this year's taxable values. "Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted) divided by the anticipated tax collection rate. 11 The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize an additional one -half cent sales tax on retail sales of taxable items. If the additional tax is levied, the effective tax rate and the rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year. Reference is made to the Property Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the calculation of the various defined tax rates. PROPERTY ASSESSMENT AND TAX PAYMENT ... Property within the City is generally assessed as of January 1 of each year. Business inventory may, at the option of the taxpayer, be assessed as of September. Taxes become due October 1 of the same year, and become delinquent on February 1 of the following year. Taxpayers 65 years old or older are permitted by State law to pay taxes on homesteads in four installments with the first due on February 1 of each year and the final installment due on August 1. PENALTIES AND INTEREST ... Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows: Cumulative Cumulative Month Penalty Interest Total February 6% 1% 7% March 7 2 9 April 8 3 11 May 9 4 13 June 10 5 15 July 12 6 18 After July, penalty remains at 12 %, and interest increases at the rate of 1% each month. In addition, if an account is delinquent in July, a 15% attorney's collection fee is added to the total tax penalty and interest charge. Under certain circumstances, taxes which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with no additional penalties or interest assessed. In general, property subject to the City's lien may be sold, in whole or in parcels, pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and interest against an estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities, including governmental units, goes into effect with the filing of any petition in bankruptcy. The automatic stay prevents governmental units from foreclosing on property and prevents liens for post - petition taxes from attaching to property and obtaining secured creditor status unless, in either case, an order lifting the stay is obtained from the bankruptcy court. In many cases post - petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court. CITY APPLICATION OF TAX CODE ... The City grants an exemption to the market value of the residence homestead of persons 65 years of age or older of $50,000, the disabled are also granted an exemption of $50,000. The City has not granted any party the additional exemption of up to 20% of the market value of residence homesteads; minimum exemption of $5,000. See Table 1 for a listing of the amounts of the exemptions described above. Ad valorem taxes are not levied by the City against the exempt value of residence homesteads for the payment of debt. The City does not tax nonbusiness personal property; and Tarrant County collects taxes for the City. The City does allow permit split payments of taxes, and discounts for early payment of taxes are not allowed. The City does not tax freeport property. The City does not collect the additional one -half cent sales tax for reduction of ad valorem taxes. The City has adopted a tax abatement policy, and reviews applications for abatements on a case by case basis. 12 TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT 1996/97 Market Valuation Established by Tarrant County Appraisal District $1,376,438,373 (excluding totally exempt property) Less Exemptions/Reductions at 100% Market Value: Residential Homestead Exemptions $12,469,593 Disabled Veterans 421,500 Agricultural Use Reductions 54,059,117 66,950,210 1996/97 Taxable Assessed Valuation $ 1,309,488,163 General Obligation Debt Payable from Ad Valorem Taxes (as of 12/31/96) General Obligation Debt $25,946,137 The Certificates 9,670,000 General Obligation Debt Payable from Ad Valorem Taxes $35,616,137 Less: Self Supporting Debt (2) Water and Sewer System General Obligation Debt $5,510,000 Net General Obligation Debt Payable from Ad Valorem Taxes $30,106,137 General Obligation Interest and Sinking Fund as of 1/31/97 $1,261,997 Ratio General Obligation Tax Debt to Taxable Assessed Valuation 2.30% 1997 Estimated Population - 16,235 Per Capita Taxable Assessed Valuation - $80,658 Per Capita Net General Obligation Debt Payable from Ad Valorem Taxes - $1,854 (1) The above statement of indebtedness does not include currently outstanding $366,000 revenue bonds, as these bonds are payable solely from the net revenues of the Waterworks and Sewer System (the "System "), as defined in the ordinances authorizing the bonds. (2) General obligation debt in the amounts shown for which repayment is provided from revenues of the respective revenue systems. The amount of self supporting debt is based on the percentages of revenue support as shown in Table 10. It is the City's current policy to provide these payments from respective system revenues; this policy is subject to change in the future. 13 TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY Taxable Appraised Value for Fiscal Year Ended September 30, 1997 (1 1996 1995 %o1 %ot %of Category Amount Total Amount Total Amount Total Real, Residential, Single - Family $ 927,115,146 66.91% $ 761.024,177 66.60% $ 577,696,109 64.37% Real, Residential, Multi - Family 658,700 0.05% 561,500 0.05% 614,200 0.07% Real, VacantLots/Tracts 85,420,513 6.16% 55,009,903 4.81% 57,685,194 6.43% Real, Acreage (Land Only) 104,823,268 7.56% 100,812,646 8.82% 91,554,754 10.20% Real, Farm and Ranch Improvements 35,600,458 2.57% 34,673,059 3.03% 33,596,522 3.74% Real, Commercial 85,587,491 6.18% 66,209,220 5.79% 54,294,403 6.05% Real, Industrial 3,028,765 0.22% 2,940,720 0.26% 2.917,596 0.33% Real and Tangible Personal, Utilities 24,694,474 1.78% 21,306,442 1.86% 19,493,995 2.17% Tangible Personal, Commercial 75,433,951 5.44% 70,206,281 6.14% 46,391,044 5.17% Tangible Personal, Industrial 2,293,240 0.17% 2,173,982 0.19% 2.890,595 0.32% Tangible Personal, Mobile Homes 284,206 0.02% 338,465 0.03% 368,436 0.04% Real Property, Inventory 40,755,167 2.94% 27,416,400 2.40% 9.999,760 1.11% Total Appraised Value Before Exemptions $ 1,385,695,379 100.00% $ 1,142,672,795 100.00% $ 897,502,608 100.00% Less: Total Exemptions /Reductions 76,207,216 85,058,184 75,165,337 Taxable Assessed Value $ 1,309,488,163 $ 1,057,614,611 $ 822,337,271 Taxable Appraised Value for Fiscal Year Ended September 30, 1994 1993 % of % of Category Amount Total Amount Total Real, Residential, Single- Family $ 426,027,224 55.54% $ 351,986,570 50.14% Real, Residential, Multi- Family 658,833 0.09% 658.833 0.09% Real, Vacant Lots/Tracts 45,148,647 5.89% 56,672,267 8.07% Real, Acreage (Land Only) 108,806,557 14.18% 117,937,875 16.80% Real, Farm and Ranch Improvements 30,412,430 3.96% 32,478,408 4.63% Real, Commercial 58,096,250 7.57% 54,841,649 7.81% Real, Industrial 2,741,714 0.36% 3,320,610 0.47% Real and Tangible Personal, Utilities 18,153,968 2.37% 13,867,224 1.98% Tangible Personal, Commercial 51,498,065 6.71% 53,675,164 7.65% Tangible Personal, Industrial 3,079,770 0.40% 3,262,097 0.46% Tangible Personal, Mobile Homes 455,118 0.06% 448,175 0.06% Real Property, Inventory 22,007,436 2.87% 12,806,222 1.82% Total Appraised Value Before Exemptions $ 767,086,012 100.00% $ 701,955,094 100.00% Less: Total Exemptions/Reductions 84,528,251 86,017,191 Taxable Assessed Value $ 682,557,761 $ 615,937,903 NOTE: Valuations shown are certified taxable assessed values reported by the Tarrant County Appraisal District to the State Controller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and the Appraisal District updates records. (1) Previous years as stated on the State Property Tax Board Report at the beginning of the Tax Year. Any difference between these figures and the final Taxable Assessed Valuations are due to adjustments and corrections to the respective tax rolls. (2) Taxable Assessed Valuation includes cases in arbitration equal to $9,257,006. 14 TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY G.O. Ratio of Fiscal Taxable Tax Debt G.O. Tax Debt G.O. Tax Year Taxable Assessed Outstanding to Taxable Debt Ended Estimated Assessed Valuation at End Assessed Per 9/30 Population Valuation (2) Per Capita of Year Valuation Capita 1993 8,700 $619,564,581 (3) $71,214 $11,186,137 1.81% $1,286 1994 10,400 685,069,698 (3) 65,872 18,076,137 2.64% 1,738 1995 12,750 821,386,985 64,423 24,196,137 2.95% 1,898 1996 14,195 1,064,449,048 74,988 25,946,137 2.44% 1,828 1997 16,235 1,309,488,163 80,658 34,561,137 (4) 2.64% 2,129 (1) Source: North Central Texas Council of Governments and City Staff. (2) As reported by the Tarrant County Appraisal District on the City's Annual State Property Tax Board Reports; subject to change during ensuing year. (3) Revaluation. (4) Projected. Includes the Certificates. TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY Fiscal Interest Year and Ended Tax General Sinking % Current % Total 9/30 Rate Fund Fund Tax Levy Collections Collections 1993 $ 0.4550 $ 0.3223 $ 0.1327 3,914,196 97.74% 104.41% 1994 0.4550 0.3013 0.1537 3,077,688 99.17% 103.88% 1995 0.4490 0.2729 0.1762 3,688,030 98.64% 102.49% 1996 0.4220 0.2629 0.1592 4,526,038 98.06% 101.87% 1997 (1) 0.4220 0.2496 0.1724 5,517,334 49.82% (2) 51.29% (2) (1) Preliminary figures furnished by the City Staff. (2) Collections for part year only, through December, 1996. TABLE 5 - TEN LARGEST TAXPAYERS 1996 / 97 % of Total Taxable Taxable Assessed Assessed Name of Taxpayer Nature of Property Valuation Valuation MTP -IBM Phase lI & III JV Office Building $ 23,828,848 1.82 % IBM Corporation Office Buildings 19,799,338 1.51 Walmart Stores, Inc. Retail 14,495,445 1.11 Texas Utilities Electric Electric Utility 12,478,750 0.95 Anderson Industries, Inc. Manufacturer 9,523,712 0.73 T & M Southlake Dev. Co. Real Estate 5,805,244 0.44 Crossroads Square Ltd. Retail 5,405,353 0.41 Darr Equipment Co. Office Buildings 4,800,000 0.37 Southlake JV Real Estate 4,270,000 0.33 General Telephone Co. of SW Telephone Utility 4,121,459 0.31 $ 104,528,149 7.98 % GENERAL OBLIGATION DEBT LIMITATION ... No general obligation debt limitation is imposed on the City under current State law or the City's Home Rule Charter (see "Tax Rate Limitation "). 15 TABLE 6 - TAX ADEQUACY 1997 Principal and Interest Requirements $2,020,293 $0.15584 Tax Rate at 99% Collection Produces $2,020,293 Average Annual Principal and Interest Requirements, 1997 -2017 $2,108,847 $0.16270 Tax Rate at 99% Collection Produces $2,109,232 Maximum Principal and Interest Requirements, 1998 $2,824,292 $0.21786 Tax Rate at 99% Collection Produces $2,824,322 TABLE 7 - ESTIMATED OVERLAPPING DEBT Expenditures of the various taxing entities within the territory of the City are paid out of ad valorem taxes levied by such entities on properties within the City. Such entities are independent of the City and may incur borrowings to finance their expenditures. This statement of direct and estimated overlapping ad valorem tax bonds ( "Tax Debt ") was developed from information contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for the amounts relating to the City, the City has not independently verified the accuracy or completeness of such information, and no person should rely upon such information as being accurate or complete. Furthermore, certain of the entities listed may have issued additional bonds since the date hereof, and such entities may have programs requiring the issuance of substantial amounts of additional bonds, the amount of which cannot be determined. The following table reflects the estimated share of overlapping Tax Debt of the City. City's 1996/97 Overlapping Taxable 1996/97 Total Estimated G.O. Assessed Tax G.O. Tax % Tax Debt Taxing Jurisdiction Value Rate Debt Applicable As of 12/31/96 City ofSouthlake $1,309,488,163 0.4220 $35,616,137 (I 100.00% $35,616,137 Denton County 13,127,273,682 0.2669 58,845,000 0.04% 23,538 Tarrant County 47,411,875,822 0.2648 149,355,000 1.21% 1,807,196 Carroll Independent School District 1,447,813,024 1.7400 54,980,254 65.58% 36,056,051 Grapevine - Colleyville Independent School District 4,790,773,567 1.5378 135,782,480 0.80% 1,086,260 Keller Independent School District 1,930,484,802 1.5000 114,779,319 3.75% 4,304,224 Northwest Independent School District 899,391,491 1.6293 24,719,460 0.68% 168,092 Tarrant County Hospital District 47,462,011,277 0.2341 46,789,987 1.21% 566,159 Tarrant County Junior College District 47,818,163,857 0.0577 99,880,000 1.21% 1,208,548 Total Direct and Overlapping G. O. Tax Debt 79,627,657 Ratio of Direct and Overlapping G. O. Tax Debt to Taxable Assessed Valuation 6.08% Per Capita Overlapping G. O. Tax Debt 5,610 (1) Includes the Certificates. 16 DEBT INFORMATION TABLE 8 - PRO -FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS Fiscal Total Year Less: Self Debt % of Ending Outstanding Debt This $9,670,000 Issue Grand Total Supporting Service Principal 9/30 Principal Interest Total Principal Interest Total Requirements W &S Debt Requirements Retired 1997 $ 1,055,000 $ 1,550,066 $ 2,605,066 $ 2,605,066 $ 584,773 $ 2,020,293 1998 1,310,000 1,417,365 2,727,365 $ 45,000 $ 771,161 $ 816,161 3,543,526 719,234 2,824,292 1999 1,214,532 1,427,320 2,641,853 310,000 506,335 816,335 3,458,188 718,572 2,739,616 2000 1,126,754 1,364,773 2,491,527 325,000 492,516 817,516 3,309,043 721,754 2,587,289 2001 1,374,851 1,290,547 2,665,398 340,000 477,465 817,465 3,482,863 723,607 2,759,256 19.94% 2002 1,240,000 1,123,918 2,363,918 355,000 461,303 816,303 3,180,221 724,094 2,456,127 2003 1,315,000 1,051,221 2,366,221 375,000 443,960 818,960 3,185,181 723,214 2,461,967 2004 1,325,000 978,966 2,303,966 390,000 425,405 815,405 3,119,371 725,824 2,393,547 2005 1,400,000 906,280 2,306,280 410,000 405,600 815,600 3,121,880 726,765 2,395,115 2006 1,480,000 828,528 2,308,528 435,000 384,258 819,258 3,127,786 726,054 2,401,732 44.44% 2007 1,565,000 745,371 2,310,371 455,000 361,790 816,790 3,127,161 723,674 2,403,487 2008 1,675,000 656,093 2,331,093 480,000 337,695 817,695 3,148,788 734,116 2,414,672 2009 1,780,000 559,429 2,339,429 505,000 311,340 816,340 3,155,769 732,223 2,423,546 2010 1,540,000 455,146 1,995,146 535,000 282,993 817,993 2,813,139 733,151 2,079,988 2011 1,635,000 362,268 1,997,268 565,000 252,601 817,601 2,814,869 736,531 2,078,338 74.58% 2012 1,095,000 273,211 1,368,211 595,000 220,263 815,263 2,183,474 462,174 1,721,300 2013 1,035,000 207,961 1,242,961 630,000 185,805 815,805 2,058,766 460,775 1,597,991 2014 850,000 152,883 1,002,883 670,000 148,913 818,913 1,821,796 462,895 1,358,901 2015 905,000 101,508 1,006,508 705,000 109,725 814,725 1,821,233 458,478 1,362,755 2016 580,000 46,661 626,661 750,000 68,070 818,070 1,444,731 457,413 987,318 96.52% 2017 445,000 14,463 459,463 795,000 23,254 818,254 1,277,717 459,463 818,254 100.00% $25,946,137 $15,513,978 $41,460,115 $9,670,000 $6,670,450 $16,340,450 $57,800,565 $13,514,784 $44,285,781 (1) "Outstanding Debt" does not include lease /purchase obligations. (2) Average life of the issue - 12.507 years. Interest on the Certificates has been calculated at the rate of 5.52% for purposes of illustration. (3) Includes self - supporting debt. TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION Tax Supported Debt Service Requirements, Fiscal Year Ending 9/30/97 $ 2,020,293 Interest and Sinking Fund, 9/30/96 $ 472,913 Budgeted Interest and Sinking Fund Tax Levy (1) 2,249,344 Estimated Investment Income 35,750 2,758,007 Estimated Balance, 9/30/97 $ 737,714 (1) Preliminary information furnished by the City. TABLE 10 - COMPUTATION OF SELF - SUPPORTING DEBT Net System Revenue Available Fiscal Year 1996 (1) $ 180,240 Less: Requirements for Revenue Bonds 82,032 Balance Available for Other Purposes $ 98,208 Requirements for System Tax Bonds, Fiscal Year 1997 $ 584,773 Percentage of System General Obligation Bonds Self - Supporting 16.8% (1) Preliminary figures furnished by the City. 17 AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS The City has no authorized but unissued general obligation debt. ANTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT .. . The City does not anticipate the issuance of additional general obligation debt within the next twelve months. TABLE 11 - OTHER OBLIGATIONS The following table illustrates the City's two outstanding lease obligations: Lease #1 Lease #3 Original date of the loan or lease: November, 1992 Original date of the loan or lease: February, 1996 Purpose of loan or lease: Copy Machine Purpose of loan or lease: Copy Machine Repayment Schedule: 60 Months Repayment Schedule: 60 Months Date of Final Payment: November, 1997 Date of Final Payment: January, 2001 Payments made from what source: General Fund Payments made from what source: General Fund Amount currently outstanding: $5,189 Amount currently outstanding: $12,126 Lease #2 Lease Purchase Original date of the loan or lease: June, 1993 Original date of the loan or lease: June, 1996 Purpose of loan or lease: Copy Machine Purpose of loan or lease: Computer Equipment Repayment Schedule: 60 Months Repayment Schedule: 60 Months Date of Final Payment: June, 1998 Date of Final Payment: May, 2001 Payments made from what source: General Fund Payments made from what source: General Fund Amount currently outstanding: $8,443 Amount currently outstanding: $84,542 PENSION FUND ... The City provides pension benefits for all of its full -time employees through the Texas Municipal Retirement System ( "TMRS "), a State -wide administered pension plan. The City makes annual contributions to the plan equal to the amounts accrued for pension expense. (For more detailed information concerning the retirement plan, see Appendix B, "Excerpts from the City's Annual Financial Report" - Note #7.) 18 FINANCIAL INFORMATION TABLE 12 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY Fiscal Years Ended September 30, 1996 1995 1994 1993 1992 Revenues: Taxes $ 4,926,209 $ 3,890,459 $ 3,467,579 $ 3,087,297 $ 2,754,104 Licenses and Permits 2,642,353 1,901,245 1,680,918 1,251,287 791,983 Charges for Services 221,003 109,093 56,225 60,328 47,540 Fine and Forfeitures 424,341 274,154 235,591 181,029 207,499 Other Revenues 260,145 200,730 147,011 99,039 106,267 Total Revenues $ 8,474,051 $ 6,375,681 $ 5,587,324 $ 4,678,980 $ 3,907,393 Expenditures: City Administration $ 2,170,961 $ 1,610,196 $ 1,292,402 $ 1,003,587 $ 863,417 Police Department 1,389,411 1,304,845 1,055,234 895,343 825,242 Fire Department 902,281 783,873 728,480 566,832 531,671 Building Department 351,228 329,647 261,663 154,005 127,329 Streets and Drainage 878,433 1,058,438 1,225,241 857,494 685,700 Municipal Court 245,014 201,965 158,793 144,786 145,345 Parks 623,974 389,861 199,681 138,224 101,924 Public Works Department 352,943 359,623 137,192 102,064 69,674 Public Safety Support 835,010 608,880 434,779 357,268 340,626 Community Development 417,494 393,321 281,202 234,170 145,414 Total Expenditures $ 8,166,749 $ 7,040,649 $ 5,774,667 $ 4,453,773 $ 3,836,342 Excess (deficiency) of Revenues Over Expenditures $ 307,302 $ (664,968) $ (187,343) $ 225,207 $ 71,051 Bonds Proceeds $ - $ - $ 720,827 $ - $ Budgeted Transfers In $ 686,144 $ 941,860 159,446 159,446 190,970 Budgeted Transfers Out (377,278) (623,000) (155,000) 0 (796) Total Other Sources (Uses) $ 308,866 $ 318,860 $ 725,273 $ 159,446 $ 190,174 Net Increase (Decrease) $ 616,168 $ (346,108) $ 537,930 $ 384,653 $ 261,225 Beginning Fund Balance 1,689,295 2,059,031 1,521,101 1,136,448 875,223 Reserve for Encumbrances $ - $ (23,628) $ - $ - $ - Ending Fund Balance $ 2,305,463 $ 1,689,295 $ 2,059,031 $ 1,521,101 $ 1,136,448 (1) Preliminary figures furnished by the City Staff. 19 TABLE 13 - MUNICIPAL SALES TAX HISTORY The City has adopted the Municipal Sales and Use Tax Act, VATCS, Tax Code, Chapter 321, which grants the City the power to impose and levy a 1% Local Sales and Use Tax within the City; the proceeds are credited to the General Fund and are not pledged to the payment of the Certificates. Collections and enforcements are effected through the offices of the Comptroller of Public Accounts, State of Texas, who remits the proceeds of the tax, after deduction of a 2% service fee, to the City monthly. On November 2, 1993, the voters of the City approved the imposition of an additional sales and use tax of one -half of one percent (' /z% of 1 %) for economic and park development. Collection for the additional tax went into effect in April, 1994. The sales tax for economic development is collected solely for the benefit of Southlake Parks Development Corporation (the "Corporation "), and may be pledged to secure payment of sales tax revenue bonds issued by the Corporation, and is not included in the table below. Fiscal Equivalent Year % of of Ended Total Ad Valorem Ad Valorem Per 9/30 Collected Tax Levy Tax Rate Capita (' 1991 $ 448,149 0.0869% 19.06 60.49 1992 510,035 0.0894% 19.50 63.89 1993 636,738 0.1028% 22.63 73.19 1994 877,615 0.1281% 28.52 84.39 1995 1,033,502 0.1258% 28.02 84.37 1996 (2) 1,476,708 0.1387% 32.87 104.03 1997 (3) 412,343 0.0315% 7.47 25.40 (1) Population Sources: North Central Texas Council of Governments and City Staff. (2) Unaudited figures provided by City Staff. (3) Unaudited figures for three months ended December 31, 1996 provided by City Staff FINANCIAL POLICIES Basis of Accounting ... All governmental funds and agency funds are accounted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. The exception to this general rule is that principal and interest on general long -term debt is recognized when due. The more significant revenues which are treated as susceptible to accrual under the modified accrual basis are property taxes, intergovernmental revenues, charges for services, and interest. Other revenue sources are not considered measurable and available, and are not treated as susceptible to accrual. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned and their expenses are recognized when they are incurred. General Fund Balance ... The City policy is to maintain surplus and unencumbered funds equal to 10% of expenditures in the General Fund. This allows the City to avoid interim borrowing pending tax receipts. Use of Bond Proceeds, Grants, etc.... The City's policy is to use bond proceeds, grants, revenue sharing or other non - recurring revenues for capital expenditures only. Such revenues are never to be used to fund City operations. Budgetary Procedures ... The City Charter establishes the fiscal year as the twelve -month period beginning October I. The departments submit to the City Manager a budget of estimated expenditures for the ensuing fiscal year by the first of July. The City Manager subsequently submits a budget of estimated expenditures and revenues to the City Council by August I. The City Council then holds a public hearing on the budget. The Council shall then make any changes in the budget as it deems advisable and shall adopt a budget prior to September 30. Fund Investments ... The City investment policy parallels state law which govems investment of public funds. The City generally restricts investments to direct obligations of the United States Government and to insured or collateralized bank certificates of deposits. 20 INVESTMENTS The City of South lake invests its investable funds in investments authorized by Texas law in accordance with investment policies approved by the City Council of the City of Southlake. Both state law and the City's investment policies are subject to change. LEGAL INVESTMENTS ... Under Texas law, the City is authorized to invest in (1) obligations of the United States or its agencies and instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States, (4) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent, (6) certificates of deposit that are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the preceding clauses or in any other manner and amount provided by law for City deposits, (7) certificates of deposit and share certificates issued by a state or federal credit union domiciled in the State of Texas that are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations described in the clauses (1) through (5) or in any other manner and amount provided by law for City deposits, (8) fully collateralized repurchase agreements that have a defined termination date, are fully secured by obligations described in clause (1), and are placed through a primary government securities dealer or a financial institution doing business in the State of Texas, (9) bankers' acceptances with the remaining term of 270 days or less, if the short-term obligations of the accepting bank or its parent are rated at least A -1 or P -1 or the equivalent by at least one nationally recognized credit rating agency, (10) commercial paper that is rated at least A -1 or P -1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank, (11) no -load money market mutual funds regulated by the Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or less and include in their investment objectives the maintenance of a stable net asset value of $1 for each share, and (12) no- load mutual funds registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invests exclusively in obligations described in the preceding clauses; and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent. The City may invest in such obligations directly or through government investment pools that invest solely in such obligations provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service. The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage- backed security and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. INVESTMENT POLICIES ... Under Texas law, the City is required to invest its funds under written investment policies that primarily emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of investment management; and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any individual investment and the maximum average dollar- weighted maturity allowed for pooled fund groups. All City funds must be invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment. Each Investment Strategy Statement will describe its objectives concerning: (1) suitability of investment type, (2) preservation and safety of principal, (3) liquidity, (4) marketability of each investment, (5) diversification of the portfolio, and (6) yield. Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment officers of the City shall submit an investment report detailing: (1) the investment position of the City, (2) that all investment officers jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending value of each pooled fund group, (4) the book value and market value of each separately listed asset at the beginning and end of the reporting period, (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group for which each individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted investment strategy statements and (b) state law. No person may invest City funds without express written authority from the City Council. ADDITIONAL PROVISIONS ... Under Texas law the City is additionally required to: (1) annually review its adopted policies and strategies, (2) require any investment officers' with personal business relationships or relatives with firms seeking to sell securities to the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (3) require the registered principal of firms seeking to sell securities to the City to: (a) receive and review the City's investment policy , (b) acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and (c) deliver a written statement attesting to these requirements; (4) perform an annual audit of the management controls on investments and adherence to the City's investment policy. (5) provide specific investment training for the Treasurer, Chief Financial Officer and investment officers; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse 21 repurchase agreement funds to no greater than the term of the reverse repurchase agreement; (7) restrict the investment in mutual funds in the aggregate to no more than 80% of the City's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service and further restrict the investment in non -money market mutual funds of any portion of bond proceeds, reserves and funds held for debt service and to no more than 15% of the entity's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service; (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation, and advisory board requirements. The City of Southlake shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. TABLE 14 - CURRENT INVESTMENTS As of December 31, 1996, the City's investable funds were invested in the following categories: Type of Investment Dollar Value Book Value Treasuries and Agencies $7,064,585 100.2 % Certificates of Deposit 3,000,000 100.0 % Texpool 2,763,027 100.0 % Totals $12,827,612 100.1 % As of such date, the average remaining term of investments is 120 days. 22 TAX MATTERS TAX EXEMPTION ... The delivery of the Certificates is subject to the opinion of Bond Counsel to the effect that interest on the Certificates for federal income tax purposes (1) will be excludable from gross income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to the date of such opinion (the "Code "), pursuant to section 103 of the Code and existing regulations, published rulings, and court decisions, and (2) will not be included in computing the alternative minimum taxable income of the owners thereof who are individuals or, except as hereinafter described, corporations. A form of Bond Counsel's opinion is reproduced as Appendix C. The statute, regulations, rulings, and court decisions on which such opinion is based are subject to change. Interest on all tax- exempt obligations, including the Certificates, owned by a corporation will be included in such corporation's adjusted current earnings for tax years beginning after 1989, for purposes of calculating the alternative minimum taxable income of such corporation, other than an S corporation, a qualified mutual fund, a real estate investment trust (REIT), or a real estate mortgage investment conduit (REMIC). A corporation's alternative minimum taxable income is the basis on which the alternative minimum tax imposed by Section 55 of the Code will be computed. In rendering the foregoing opinions, Bond Counsel will rely upon representations and certifications of the City made in a certificate dated the date of delivery of the Certificates pertaining to the use, expenditure, and investment of the proceeds of the Certificates and will assume continuing compliance by the City with the provisions of the Ordinance subsequent to the issuance of the Certificates. The Ordinance contains covenants by the City with respect to, among other matters, the use of the proceeds of the Certificates and the facilities financed therewith by persons other than state or local governmental units, the manner in which the proceeds of the Certificates are to be invested, the periodic calculation and payment to the United States Treasury of arbitrage "profits" from the investment of the proceeds, and the reporting of certain information to the United States Treasury. Failure to comply with any of these covenants would cause interest on the Certificates to be includable in the gross income of the owners thereof from date of the issuance of the Certificates. Except as described above, Bond Counsel expresses no other opinion with respect to any other federal, state or local tax consequences under present law, or proposed legislation, resulting from the receipt or accrual of interest on, or the acquisition or disposition of, the Certificates. Prospective purchasers of the Certificates should be aware that the ownership of tax- exempt obligations such as the Certificates may result in collateral federal tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance companies, certain foreign corporations doing business in the United States, S corporations with subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, individuals otherwise qualifying for the earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. Prospective purchasers should consult their own tax advisors as to the applicability of these consequences to their particular circumstances. TAX ACCOUNTING TREATMENT OF DISCOUNT AND PREMIUM ON CERTAIN CERTIFICATES ... The initial public offering price of certain Certificates (the "Discount Certificates ") may be less than the amount payable on such Certificates at maturity. An amount equal to the difference between the initial public offering price of a Discount Certificate (assuming that a substantial amount of the Discount Certificates of that maturity are sold to the public at such price) and the amount payable at maturity constitutes original issue discount to the initial purchaser of such Discount Certificate. A portion of such original issue discount allocable to the holding period of such Discount Certificate by the initial purchaser will, upon the disposition of such Discount Certificate (including by reason of its payment at maturity), be treated as interest excludable from gross income, rather than as taxable gain, for federal income tax purposes, on the same terms and conditions as those for other interest on the Certificates described above under "Tax Exemption.' Such interest is considered to be accrued actuarially in accordance with the constant interest method over the life of a Discount Certificate, taking into account the semiannual compounding of accrued interest, at the yield to maturity on such Discount Certificate and generally will be allocated to an original purchaser in a different amount from the amount of the payment denominated as interest actually received by the original purchaser during the tax year. However, such interest may be required to be taken into account in determining the alternative minimum taxable income of a corporation, for purposes of calculating a corporation's alternative minimum tax imposed by Sections 55 of the Code, and the amount of the branch profits tax applicable to certain foreign corporations doing business in the United States, even though there will not be a corresponding cash payment. In addition, the accrual of such interest may result in certain other collateral federal income tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance companies, S corporations with "subchapter C" earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, individuals otherwise qualifying for earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. Moreover, in the event of the redemption, sale or other taxable disposition of a Discount Certificate by the initial owner prior to maturity, the amount realized by such owner in excess of the basis of such Discount Certificate in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Discount Certificate was held) is includable in gross income. 23 Owners of Discount Certificates should consult with their own tax advisors with respect to the determination of accrued original issue discount on Discount Certificates for federal income tax purposes and with respect to the state and local tax consequences of owning and disposing of Discount Certificates. It is possible that, under applicable provisions governing determination of state and local income taxes, accrued interest on Discount Certificates may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment. The initial public offering price of certain Certificates (the "Premium Certificates ") may be greater than the amount payable on such Certificates at maturity. An amount equal to the difference between the initial public offering price of a Premium Certificate (assuming that a substantial amount of the Premium Certificates of that maturity are sold to the public at such price) and the amount payable at maturity constitutes premium to the initial purchaser of such Premium Certificates. The basis for federal income tax purposes of a Premium Certificate in the hands of such initial purchaser must be reduced each year by the amortizable bond premium, although no federal income tax deduction is allowed as a result of such reduction in basis for amortizable bond premium. Such reduction in basis will increase the amount of any gain (or decrease the amount of any loss) to be recognized for federal income tax purposes upon a sale or other taxable disposition of a Premium Certificate. The amount of premium which is amortizable each year by an initial purchaser is determined by using such purchaser's yield to maturity. Purchasers of the Premium Certificates should consult with their own tax advisors with respect to the determination of amortizable bond premium on Premium Certificates for federal income tax purposes and with respect to the state and local tax consequences of owning and disposing of Premium Certificates. 24 OTHER INFORMATION RATINGS The presently outstanding tax supported debt of the City is rated "A" by Moody's and "A" by S &P. The City also has twelve issues outstanding which are rated "Aaa" by Moody's and "AAA" by S &P through insurance by various commercial insurance companies. Application for contract ratings on this issue have been made to Moody's and S &P. An explanation of the significance of such ratings may be obtained from the company furnishing the rating. The rating reflects only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Certificates. LITIGATION It is the opinion of the City Attorney and City Staff that there is no pending litigation against the City that would have a material adverse financial impact upon the City or its operations. REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(a)(2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS Section 9 of the Bond Procedures Act provides that the Certificates "shall constitute negotiable instruments, and are investment securities governed by Chapter 8, Texas Uniform Commercial Code, notwithstanding any provisions of law or court decision to the contrary, and are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking fund of cities, towns, villages, school districts, and other political subdivisions or public agencies of the State of Texas". The Certificates are eligible to secure deposits of any public funds of the state, its agencies and political subdivisions, and are legal security for those deposits to the extent of their market value. For political subdivisions in Texas which have adopted investment policies and guidelines in accordance with the Public Funds Investment Act (V.T.C.A., Government Code, Chapter 2256), the Certificates may have to be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency before such obligations are eligible investments for sinking funds and other public funds. No review by the City has been made of the laws in other states to determine whether the Certificates are legal investments for various institutions in those states. LEGAL OPINIONS AND NO- LITIGATION CERTIFICATE The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Certificates, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Certificate and to the effect that the Certificates are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Certificates will be excludable from gross income for federal income tax purposes under Section 103(a) of the Code, subject to the matters described under "Tax Matters" herein, including the alternative minimum tax on corporations. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates, or which would affect the provision made for their payment or security, or in any manner questioning the validity of said Certificates will also be furnished. Bond Counsel was not requested to participate, and did not take part, in the preparation of the Official Statement, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information under the headings and subheadings "Plan of Financing ", "The Bonds" (except the subheadings "Book- Entry- Only" and Use of Bond Proceeds "), "Selected Provisions of the Bond Resolution ", "Tax Matters ", "Legal Investments and Eligibility to Secure Public Funds in Texas ", "Legal Opinions and No- Litigation Certificate" and, "Continuing Disclosure of Information (except for "Compliance with prior Undertakings ")," "Annual Reports," "Material Event Notices," "Availability of Information from NRMSIRs and SID" and "Limitations and Amendments" and such firm is of the opinion that the information contained under such captions and subcaptions is an accurate and fair description of the laws and legal issues addressed therein and, with respect to the Bonds, such information conforms to the Resolution. The legal fee to be 25 paid Bond Counsel far services rendered in connection with the issuance of the Certificates is contingent on the sale and delivery of the Certificates. The legal opinion will accompany the Certificates deposited with DTC or will be printed on the Certificates in the event of the discontinuance of the Book - Entry-Only System. Certain legal matters will be passed upon for the Underwriters by McCall, Parkhurst & Horton L.L.P., Dallas, Texas, Counsel to the Underwriters. The fees of Underwriters' Counsel are contingent upon the delivery of the Certificates. AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION The financial data and other information contained herein have been obtained from City records, audited financial statements and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein will be realized. All of the summaries of the statutes, documents and resolutions contained in this Official Statement are made subject to all of the provisions of such statutes, documents and resolutions. These summaries do not purport to be complete statements of such provisions and reference is made to such documents for further information. Reference is made to original documents in all respects. CONTINUING DISCLOSURE OF INFORMATION In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Certificates. Under the agreement, the City will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified material events, to certain information vendors. This information will be available to securities brokers and others who subscribe to receive the information from the vendors. ANNUAL REPORTS ... The City will provide certain updated financial information and operating data to certain information vendors annually. The information to be updated includes all quantitative financial information and operating data with respect to the City of the general type included in this Official Statement under Tables numbered 1 through 6 and 8 through 14. The City will update and provide this information within six months after the end of each fiscal year ending in or after 1997. The City will provide the updated information to each nationally recognized municipal securities information repository ( "NRMSIR ") and to any state information depository ( "SID ") that is designated by the State of Texas and approved by the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the "SEC "). The City may provide updated information in full text or may incorporate by reference certain other publicly available documents, as permitted by SEC Rule 15c2 -12. The updated information will include audited financial statements, if the City commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will provide unaudited financial statements at the time of filing and later furnish the audit report when it becomes available. Any such financial statements will be prepared in accordance with the accounting principles described in Appendix B or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation. The City's current fiscal year ends September 30. Accordingly, it must provide updated information by March 30, in each year, unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change. MATERIAL EVENT NOTICES ... The City will also provide timely notices of certain events to certain information vendors. The City will provide notice of any of the following events with respect to the Certificates, if such event is material to a decision to purchase or sell Certificates: (1) principal and interest payment delinquencies; (2) non - payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax- exempt status of the Certificates; (7) modifications to rights of holders of the Certificates; (8) Bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates; and (11) rating changes. Neither the Certificates nor the Ordinance make any provision for debt service reserves. In addition, the City will provide timely notice of any failure by the City to provide information, data, or financial statements in accordance with its agreement described above under "Annual Reports." The City will provide each notice described in this paragraph to any SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "). AVAILABILITY OF INFORMATION FROM NRMSIRs AND SID ... The City has agreed to provide the foregoing information only to NRMSIRs and any SID. The information will be available to holders of Certificates only if the holders comply with the procedures and pay the charges established by such information vendors or obtain the information through securities brokers who do so. The Municipal Advisory Council of Texas has been designated by the State of Texas and approved by the SEC staff as a qualified SID. The address of the Municipal Advisory Council is 600 West 8th Street, P. O. Box 2177, Austin, Texas 78768- 2177, and its telephone number is 512/476 -6947. LIMITATIONS AND AMENDMENTS ... The City has agreed to update information and to provide notices of material events only as described above. The City has not agreed to provide other information that may be relevant or material to a complete 26 presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made pursuant to its agreement, although holders of Certificates may seek a writ of mandamus to compel the City to comply with its agreement. The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if (i) the agreement, as amended, would have permitted an underwriter to purchase or sell Certificates in the offering described herein in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the outstanding Certificates consent to the amendment or (b) any person unaffiliated with the City (such as nationally recognized bond counsel) determines that the amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also amend or repeal its agreement if the SEC amends or repeals the applicable provisions of SEC Rule 15c2 -12 or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reserving the right to do so does not make unlawful the underwriters' purchase and sale of the Certificates in the offering described herein. If the City so amends the agreement, it has agreed to include with the next financial information and operating data provided in accordance with its agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information and operating data so provided. COMPLIANCE WITH PRIOR UNDERTAKINGS ... The City made a continuing disclosure agreement on February 20, 1996 with regard to issuance of $2,380,000 Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996. The City is in compliance with prior undertakings and will submit a disclosure statement prior to March 30, 1997. FINANCIAL ADVISOR First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. First Southwest Company has agreed, in its Financial Advisory contract, not to bid for the Certificates, either independently or as a member of a syndicate organized to submit a bid for the Certificates. First Southwest Company, in its capacity as Financial Advisor, has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for the information, covenants and representations contained in any of the legal documents with respect to the federal income tax status of the Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies. UNDERWRITING The Underwriters have agreed, subject to certain conditions, to purchase the Certificates from the City, at an underwriting discount of $ from the initial offering price to the public shown on the inside cover page hereof. The Underwriters will be obligated to purchase all of the Certificates if any Certificates are purchased. The Certificates to be offered to the public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing Certificates into investment trusts) at prices lower than the public offering prices of such Certificates, and such public offering prices may be changed, from time to time, by the Underwriters. APPROVAL OF OFFICIAL STATEMENT The Ordinance authorizing the issuance of the Certificates will also approve the form and content of this Official Statement, and any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Certificates by the Underwriters. RICK STACY Mayor City of Southlake, Texas ATTEST: SANDRA L. LeGRAND City Secretary 27 THIS PAGE LEFT BLANK INTENTIONALLY APPENDIX A GENERAL INFORMATION REGARDING THE CITY • Amarillo • SOUTHL AKE Fort Worth• aDallas I Paso Austin • • Houst San Antonio THIS PAGE LEFT BLANK INTENTIONALLY LOCATION The City of Southlake is located in northeast Tarrant County. The City is approximately 15 miles northwest of the City of Dallas on State Highway 114 and approximately 10 miles northeast of the City of Fort Worth. POPULATION Southlake's 1997 population was 16,235 an increase of 129.2% over the 1990 census population of 7,082. ECONOMY The City is primarily residential with some commercial and light manufacturing companies. Southlake's growth is due to its proximity to the Dallas-Fort Worth Metroplex and to the Dallas-Fort Worth International Airport. Major employers in the City are: Company Nature of Business Number of Employees AMR / Sabre Group Transportation 1,200 Carroll Independent School District School District 500 Walmart Retailer 300 TRANSPORTATION The City is located on State Highways 114 and 26 providing direct access to the Cities of Dallas and Fort Worth and to Dallas-Fort Worth International Airport. Southlake is approximately 5 miles northwest of Dallas-Fort Worth International Airport, 19 miles from Dallas Love Field and 10 miles from Alliance Airport. EDUCATION The City of Southlake is served primarily by Carroll Independent School District, and additionally by Keller, Grapevine- Colleyville and Northwest Independent School Districts. There are three elementary schools, one middle school, two intermediate school and one high school located within the City. The combined enrollment for 1996 -97 was 4,725 students. Higher education is provided by many institutions located within a 25 -mile radius from Southlake, such as: Texas Christian University, University of North Texas, Southern Methodist University, Texas Woman's University, University of Texas at Arlington, University of Texas at Dallas, University of Dallas and Tarrant County Junior College. RECREATION The City has four municipal parks. The Bicentennial Park is 48 acres that includes nine baseball fields, eight soccer fields, two tennis courts, two community buildings and two playgrounds. The Country Walk is 5 acres that includes four practice ball fields. The Lonesome Dove is 8 acres that includes a pavilion, a playground and two sand volleyball courts. The Bob Jones Park is approximately 100 acres and is currently undeveloped. Southlake lies on the southern boundary of Lake Grapevine which offers swimming, camping, boating and fishing. HISTORICAL EMPLOYMENT (AVERAGE ANNUAL) December Area 1996 1995 1994 1993 1992 1991 Fort Worth - Arlington PMSA Employed 806,883 776,586 760,352 685,200 689,700 695,500 Unemployed 26,982 39,760 44,724 48,700 47,800 38,400 % of Unemployed 3.2% 4.9% 5.6% 6.4% 6.5% 5.2% Tarrant County Employed 704,513 678,060 664,713 645,708 633,238 630,504 Unemployed 22,953 34,723 38,866 43,915 47,984 43,560 Source: Texas Employment Commission. A -1 EFFECTIVE BUYING INCOME Tarrant County Effective Buying Income $ 21,934,414 Median Per Household 36,657 Median Age of Population 30.5 Household Earnings: $20,000 - $34,999 23.3 $35,000 - $49,999 18.9 $50,000 and over 33.3 Source: Sales and Marketing Management, 1996 Survey of Buying Power BUILDING PERMITS BY CATEGORY Fiscal Year Ended Commercial Residential 9/30 Number Amount Number Amount Grand Total 1992 11 $ 3,273,000 326 $ 68,746,220 $ 72,019,220 1993 21 1,450,900 477 100,406,032 101,856,932 1994 12 9,309,800 629 140,035,538 149,345,338 1995 21 9,309,800 460 107,208,023 116,517,823 1996 77 27,117,000 691 169,959,810 197,076,810 TARRANT COUNTY Tarrant County (the "County ") is located in North Central Texas with an estimated 1996 population of 1,279,700. The County, together with Dallas County, is an integral part of the Dallas -Fort Worth Metroplex, one of the largest and fastest growing metropolitan areas in the nation. The combined Metroplex area has an estimated population in excess of 4.0 million. A -2 APPENDIX B EXCERPTS FROM THE CITY OF SOUTHLAKE, TEXAS ANNUAL FINANCIAL REPORT For the Year Ended September 30, 1995 The information contained in this Appendix consists of excerpts from the City of Southlake, Texas Annual Financial Report for the Year Ended September 30, 1995, and is not intended to be a complete statement of the City's financial condition. Reference is made to the complete Report for further information. THIS PAGE LEFT BLANK INTENTIONALLY WEAVER AND TIDWELL AFFILIATIONS CERTIFIED PUBLIC ACCOUNTANTS FORT WORTH OFFICE ,UMMIT INTERNATIONAL A REGISTERED LIMITED LIABILITY PARTNERSHIP 1500 COMMERCE BUILDING ASSOCIATES, INC. THREE FOREST PLAZA 307 WEST SEVENTH STREET ASSOCIATED REGIONAL 12221 MERIT DRIVE. SUITE 1700 FORT WORTH, TEXAS 70102 ACCOUNTING FIRMS DALLAS, TEXAS 75251 -2216 (117) 332.71100 (214) 490-1970 FACSIMILE (214) 702 -8321 To Members of the City Council and City Manager City of Southlake, Texas INDEPENDENT AUDITOR'S REPORT We have audited the accompanying combined financial statements of the City of Southlake, Texas as of and for the year ended September 30, 1995, as listed to the table of contents. These combined financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these combined financial statements based on our audit. We conducted our audit In accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the combined financial statements are free of material misstatement. An audit Includes examining, on a test basis, evidence supporting the amounts and disclosures In the combined financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the combined financial statements referred to above present fairly, In all material respects, the financial position of the City of Southlake, Texas at September 30, 1995, and the results of its operations and cash flows of its proprietary fund for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the combined financial statements taken as a whole. The Individual fund and account group financial statements and schedules listed In the table of contents are presented for purposes of additional analysis and are not a required part of the combined financial statements of the City of Southlake, Texas. The individual fund and account group financial statements and schedules have been subjected to the auditing procedures applied in the audit of the combined financial statements and, In our opinion, are fairly stated in all material respects in relation to the combined financial statements taken as a whole. The statistical section has not been subjected to the auditing procedures applied In the audit of the combined financial statements and, accordingly, we express no opinion on such data. WEAVER AND TIDWELL, LLP. Dallas, Texas February 9, 1996 489 1 Duthto e 2 CITY OF SOUTHLAKE, TEXAS GENERAL PURPOSE FINANCIAL STATEMENTS - COMBINED FINANCIAL STATEMENTS OVERVIEW These basic financial statements provide a summary overview of the financial position of all funds and account groups as well as the operating results of all funds. Governmental Funds Those through which most Governmental functions are typically financed. The measurement focus Is upon determination of financial position and changes in financial position. The Governmental funds within the City are: the General, Special Revenue, Debt Service and Capital Projects Fund. Proprietary Funds To account for the financing, acquisition and maintenance of Governmental facilltles and services that are supported by user charges. The measurement focus 1s upon determination of net income, financial position and cash flows. The Proprietary Fund within the City Is the Enterprise Fund. Fiduciary Funds Used to account for assets held by the City as an agent for individuals, private organizations, other governments, and /or other funds. Agency funds are custodial in nature and do not Involve measurement of results of operations. The Agency Funds within the City are used to account for the Municipal Cash Escrow Fund and Deferred Compensation Plan. Account Groups Used to establish accounting control and accountability for the City's general fixed assets and unmatured principal of the City's general long -term debt. 3 CITY OF SOUTHLAKE, TEXAS COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1995 Governmental Fund Types Special Debt Capital ASSETS General Revenue Service Projects Cash and cash equivalents $ 1,918,136 $ 498,923 $ 637,979 $ 4,269,024 Investment in deferred compensation plan Receivables (net of allowances for estimated uncollectibles) Taxes 304,349 53,282 77,523 Accounts 26,877 11,642 Unbilied services Special assessments Due from other funds Inventories 10,841 Prepaid expenses 1,952 Restricted cash and cash equivalents Revenue bond debt service Water and sewer capital Improvements Customer deposits Bond issue costs, net of amortization Capacity rights Construction -in- progress Fixed assets, net of accumulated depreciation General fixed assets Amount available In debt service fund Amount to be provided for retirement of general long -term debt TOTAL ASSETS $ 2,262,155 $ 563,847 $ 715,502 $ 4,269,024 The Notes to Combined Financial Statements are an Integral part of this statement. 4 Page 1 of 2 Proprietary Fiduciary Totals Fund Type Fund Type Account Groups (Memorandum Only) General General Fixed Long -Term Enterprise Agency Assets Debt 1995 1994 $ 2,061,963 $ 46,510 $ $ $ 9,432,535 $11,394,347 221,024 221,024 63,182 435,154 321,191 959,577 4,098 1,002,194 919,589 146,224 146,224 64,943 32,896 32,896 36,512 38,232 10,841 8,998 2,867 4,819 4,789 328,268 328,268 248,106 5,187,842 5,187,842 1,682,211 156,180 156,180 131,335 288,293 288,293 251,048 9,514,600 9,514,600 4,460,987 505,812 505,812 654,099 20,502,253 20,502,253 8,908,396 6,769,329 6,769,329 4,844,950 631,660 631,660 549,252 15, 080, 094 15, 080, 094 13, 991.050 $39,686,775 $ 271,632 $ 6,769,329 $15,711,754 $70,250,018 $48,573,217 5 CITY OF SOUTHLAKE, TEXAS COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1995 Governmental Fund Types Special Debt Capital LIABILITIES AND FUND EQUITY General Revenue Service Projects AND OTHER CREDITS Liabilities Accounts payable $ 184,456 $ 7,357 $ $ 350,101 Other accrued liabilities 172,751 6,319 Due to other funds Deferred revenue 192,026 77,523 Payable from restricted assets Current portion of revenue bonds Accrued Interest payable Customer deposits General obligation and governmental revenue bonds Note payable Revenue bonds - noncurrent Contract revenue obligations Deferred compensation plan payable Total liabilities 549,233 7,357 83,842 350,101 Fund Equity and Other Credits: Contributed capital Investment in general fixed assets Retained earnings: Reserved for revenue bond retirement Unreserved Fund balance Reserved for debt service 631,660 Reserved for recycling 10,835 Reserved for police expenditures 22,673 Reserved for parks 533,817 Reserved for capital projects 3,918,923 Reserved for Inventories and prepaid expenses 12,793 Reserved for encumbrances Unreserved Undesignated 1,689,294 Total fund equity and other credits 1,712,922 556,490 631,660 3,918,923 TOTAL LIABILITIES AND FUND EQUITY AND OTHER CREDITS $ 2,262,155 $ 563,847 $ 715,502 $ 4,269,024 The Notes to Combined Financial Statements are an integral part of this statement. 6 Page 2 of 2 Proprietary Fiduciary Totals Fund Type Fund Type Account Groups (Memorandum Only) General General Fixed Long-Term Enterprise Agency Assets Debt 1995 1994 $ 587,174 $ 50,608 $ $ $ 1,179,696 $ 1,044,681 183,657 87,617 450,344 232,274 38,232 772,793 1,042,342 982,186 145,000 145,000 75,000 61,350 61,350 91,109 156,180 156,180 131,335 14, 756,137 14, 756,137 14, 471,137 868,000 868,000 5,882,000 5,882,000 1,677,000 11,257,246 11,257,246 6,219,986 221,024 221,024 63,182 19,045,400 271,632 15,711,754 36,019,319 25,026.122 17,496,257 17,496,257 6,643,496 6,769,329 6,769,329 4,844,950 121,918 121,918 81,997 3,023,200 3,023,200 2,967,608 631,660 549,252 10,835 14,316 22,673 23,543 533,817 261,572 3,918,923 5,796,908 12,793 9,509 811,862 1,689,294 1,542,082 20,641,375 6,769,329 34,230,699 23,547,095 $39,686,775 $ 271,632 $ 6,769,329 $15,711,754 $70,250,018 $48,573,217 7 CITY OF SOUTHLAKE, TEXAS COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES YEAR ENDED SEPTEMBER 30, 1995 Totals Governmental Fund Types (Memorandum Only) Special Debt Capital General Revenue Service Projects 1995 1994 Revenues Taxes $ 3,890,459 $ 516,750 $ 1,466,318 $ $ 5,873,527 $ 4,704,511 Licenses, permits and fees 1,901,245 159,579 106,737 2,167,561 1,967,777 Charges for services 109,093 109,093 56,225 Fines and forfeits 274,154 274,154 235,591 Miscellaneous 200,730 37,949 50,741 430,094 719,514 366,678 Total revenues 6,375,681 714,278 1,517,059 536,831 9,143,849 7,330,782 Expenditures Current City secretary/mayor 197,727 197,727 212,832 City manager's office 348,306 348,306 200,295 Economic development 98,694 98,694 Support services 706,488 706,488 615,511 Finance 258,981 258,981 263,764 Municipal court 201,965 201,965 158,793 Police services 1,304,845 3,239 1,308,084 1,061,372 Fire services 783,873 783,873 728,480 Public safety support 608,880 608,880 434,779 Building Inspection 329,647 329,647 261,663 Public works administration 359,623 359,623 137,192 Parks and recreation 389,861 235,950 625,811 834,875 Streets and drainage 1,058,438 1,058,438 1,225,241 Community development 393,321 393,321 281,202 Capital projects 5,146,959 5,146,959 1,070,234 Debt service Principal retirement 715,000 715,000 470,000 Interest and fiscal charges 773,101 773,101 578,735 Total expenditures 7,040,649 239,189 1,488,101 5,146,959 13,914,898 8,534,968 Excess (deficiency) of revenues over expenditures ( 664,968) 475,089 28,958 ( 4,610,128) ( 4,771,049) ( 1,204,186) Other financing sources (uses) Operating transfers in 941,860 305,035 918,375 2,165,270 424,613 Operating transfers out ( 623,000) ( 251,310) ( 251,585) ( 295,375) ( 1,421,270) ( 373,679) Proceeds of bonds 1,838,000 1,838,000 6,896,376 Proceeds of refunding bonds 3,265,318 Payments to refunded bond escrow agent ( 3,265,318) Total other financing sources (uses) 318,860 ( 251,310) 53,450 2,461,000 2,582,000 6,947,310 Excess (deficiency) of revenues and other sources over expenditures and other uses ( 346,108) 223,779 82,408 ( 2,149,128) ( 2,189,049) 5,743,124 Fund balance, beginning of year 2,059,030 332,711 549,252 6,068,051 9,009,044 3,265,920 Fund balance, end of year _$1 ,712,922 $ 556,490 $ 631,660 „$3 918923 $ 6,819,995 „$9 009044 The Notes to Combined Financial Statements are an Integral part of this statement. 8 a iL -- DUthIQ^ e 9 CITY OF SOUTHLAKE, TEXAS COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL, SPECIAL REVENUE, AND DEBT SERVICE FUND YEAR ENDED SEPTEMBER 30, 1995 General Fund Variance - Favorable Budget Actual (Unfavorable) Revenues Taxes $ 3,883,209 $ 3,890,459 $ 7,250 Licenses, permits and fees 1,857,710 1,901,245 43,535 Charges for services 100,743 109,093 8,350 Fines and forfeits 243,600 274,154 30,554 Miscellaneous 160,300 200,730 40,430 Total revenues 6,245,562 6,375,681 130,119 Expenditures City secretary/mayor 214,111 197,727 16,384 City manager's office 360,197 348,306 11,891 Economic development 117,245 98,694 18,551 Support services 714,274 706,488 7,786 Finance 261,974 258,981 2,993 Municipal court 211,383 201,965 9,418 Police services 1,330,994 1,304,845 26,149 Fire services 810,736 783,873 26,863 Public safety support 611,988 608,880 3,108 Building Inspection 339,048 329,647 9,401 Public works administration 336,283 359,623 ( 23,340) Parks and recreation 368,695 389,861 ( 21,166) Streets and drainage 1,033,062 1,058,438 ( 25,376) Community development 378,439 393,321 ( 14,882) Debt service Total expenditures 7,088,429 7,040,649 47,780 Excess (deficiency) of revenues over expenditures ( 842867` ( 664,968) 177.899 Other financing sources (uses) Operating transfers in 941,860 941,860 Operating transfers out ( 623,000) ( 623,000) Total other financing sources (uses) 318,860 318,860 Excess of revenues and other sources over expenditures and other uses ( 524,007) ( 346,108) 177,899 Fund balance at beginning of year 2,059,030 2,059,030 Fund balance at end of year $ 1,535,023 $ 1,712,922 $ 177,899 The Notes to Combined Financial Statements are an integral part of this statement. 10 Special Revenue Fund Debt Service Fund Variance - Variance - Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) $ 510,000 $ 516,750 $ 6,750 $ 1,464,030 $ 1,466,318 $ 2,288 111,500 159,579 48,079 28,955 37,949 8,994 37,500 50,741 13,241 650,455 714,278 63,823 1,501,530 1,517,059 15,529 3,239 ( 3,239) 254,738 235,950 18,788 1,480,480 1,488,101 ( 7,621) 254,738 239,189 15,549 1,480,480 1,488,101 ( 7,621) 395,717 475,089 79,372 21,050 28,958 7,908 305,035 305,035 ( 251,310) ( 251,310) ( 251,585) ( 251,585) ( 251,310) ( 251,310) 53,450 53,450 144,407 223,779 79,372 74,500 82,408 7,908 332,711 332,711 549,252 549,252 $ 477,118 $ 556,490 $ 79,372 $ 623,752 $ 631,660 $ 7,908 11 CITY OF SOUTHLAKE, TEXAS PROPRIETARY FUND TYPE STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS FOR THE YEAR ENDED SEPTEMBER 30, 1995 Total Enterprise (Memorandum Fund Only) 1995 1994 Operating revenues Water, sewer and garbage $ 4,588,156 $ 3,866,053 Service fees 245,546 365,284 Other miscellaneous revenues 240,688 79,924 Total operating revenues 5,074,390 4,311,261 Operating expenses Personal service 454,651 434,166 Contractual services 459,273 410,518 Lease payments 1,276 2,626 Supplies 4,819 3,905 Utilities 1,719,818 1,432,855 Administrative 26,132 23,217 Maintenance 428,367 327,038 Professional benefits 10,512 10,706 Depreciation 876,064 356,063 Total operating expenses 3,980,912 3,001,094 Operating Income 1,093,478 1,310,167 Non - operating revenue (expense) Interest income 420,451 173,203 Interest expense ( 952,021) ( 594,986) Total non - operating revenue (expense) ( 531,570) ( 421,783) Net Income before operating transfers 561,908 888,384 Operating transfers Operating transfers In 251,585 300,580 Operating transfers out ( 995,585) ( 351,513) Total operating transfers ( 744,000) ( 50,933) Net Income (loss) ( 182,092) 837,451 Add back depreciation on contributed assets 277,605 Retained earnings at beginning of year 3,049,605 2,212,154 Retained earnings at end of year $ 3,145,118 $ 3,049,605 The Notes to Combined Financial Statements are an Integral part of this statement. 12 CITY OF SOUTHLAKE, TEXAS (1 of 2) PROPRIETARY FUND STATEMENT OF CASH FLOWS YEAR ENDED SEPTEMBER 30, 1995 Total Enterprise (Memorandum Fund Only) 1995 1994 CASH FLOWS FROM OPERATING ACTIVITIES: Cash received from customers and users S 4,941,206 $ 4,382,273 Cash payments to suppliers ( 2,770,318) ( 2,303,392) Cash payments to employees ( 465,663) ( 444,812) Net cash provided by operating activities 1,705,225 1,634.069 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES: Capital expenditures ( 1,890,246) ( 2,087,350) Principal payments on bonds, notes and capital lease obligations ( 267,740) ( 214,330) Bond proceeds 4,326,790 Interest paid ( 824,195) ( 647,386) Capital contribution 875.365 1.035.198 Net cash provided by (used for) capital and related financing activities 2.219,974 ( 1.913,868) CASH FLOWS FROM NON - CAPITAL FINANCING ACTIVITIES: Cash received from other funds 251,585 313,319 Cash paid to other funds ( 1,008,324) ( 351.513) Net cash provided by (used for) non - capital financing activities ( 756,739) ( 38,194) CASH FLOWS FROM INVESTING ACTIVITIES: Interest received 420.451 173.203 Net Increase In cash and cash equivalents 3,588,911 ( 144,790) Cash and cash equivalents at the beginning of year 4.145,342 4,290.132 Cash and cash equivalents at the end of year $ 7,734,253 $ 4145,342 The Notes to Combined Financial Statements are an Integral part of this statement. 13 CITY OF SOUTHLAKE, TEXAS (2 of 2) PROPRIETARY FUND TYPE STATEMENT OF CASH FLOWS YEAR ENDED SEPTEMBER 30, 1995 Total Enterprise (Memorandum Fund Only) 1995 1994 RECONCILIATION OF CASH AND CASH EQUIVALENTS OF STATEMENT OF CASH FLOWS TO THE BALANCE SHEET: Current assets $ 2,061,963 $ 2,083,690 Restricted assets 5.672.290 2,061.652 Cash and cash equivalents at the end of the year $ 7,734,253 $ 4,145,342 RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES: Operating Income $ 1,093,478 $ 1,310,167 Adjustments to reconcile operating Income to net cash provided by operating activities: Depreciation 876,064 356,063 Decrease (Increase) in assets Receivables ( 158,529) 44,847 Prepaid 1,411 ( 2,186) Increase (decrease) in liabilities Payables and accruals ( 132,044) ( 100,987) Customer deposits 24,845 26,165 Net cash provided by operating activities $ 1,705,225 $ 1,634,069 NONCASH INVESTING, CAPITAL, AND FINANCING ACTIVITIES: During the fiscal year ended September 30, 1995 the estimated value of water and sewer Infrastructure contributed by developers was $2,742,127. Additionally in 1995, the City Incurred contractual obligations In the amount of $5,230,000. Under the agreement the Trinity River Authority is utilizing the proceeds to construct a wastewater project on the City's behalf. The Notes to Combined Financial Statements are an Integral part of this statement. 14 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies The combined financial statements of the City of Southlake are presented In accordance with generally accepted accounting principles applicable to state and local governmental units as set forth by the Governmental Accounting Standards Board. The following Is a summary of the more significant accounting policies: A. Reporting Entity The City of Southlake operates under a Home Rule Council - Manager form of government. All powers of the City are vested in an elected council which enacts local legislation, adopts budgets, determines policies and appoints the City Manager. The City Manager Is responsible for executing the laws and administering the government of the City. The City of Southiake's general purpose financial statements include the separate governmental entitles that are controlled by or are dependent on the Clty. The determination to include separate governmental entities is based on the criteria of Governmental Accounting Standards (GASB) Statement 14. GASB Statement 14 defines the reporting entity as the primary government and those component units for which the primary government is financially accountable. To be financially accountable, a voting majority of the component unit's board must be appointed by the primary government, and either (A) the primary government must be able to Impose its will, or (B) the primary government may potentially benefit financially or be financially responsible for the component unit. Based on these criteria the financial Information of the Southlake Parks Development Corporation is included within the reporting entity. The Southlake Parks Development Corporation (the 'Corporation') Is a nonprofit industrial development corporation under the Development Corporation Act of 1979. The Corporation is organized exclusively to act on behalf of the City for the financing, development and operation of parks and recreation facilities. The affairs of the Corporation are managed by a board of directors which is composed of seven persons appointed by the City Council. However, the annual corporate budget and issuance of debt must be approved by the City Council. Although it is a legally separate entity, the Corporation Is reported as if it were part of the primary government because its sole purpose Is to finance and develop parks and recreational facilities on behalf of the City. B. Fund Accounting The City's accounting system is organized and operated on the basis of fund accounting with each fund and account group being an Independent fiscal and accounting entity with a self - balancing set of accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses. City resources are allocated to and accounted for In individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds and account groups are summarized Into six generic fund types, three broad fund categories and two account groups as follows: 15 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued B. Fund Accounting - continued Governmental Fund Types General Fund Is the general operating fund of the City. It Is utilized to account for all financial resources except those required to be accounted for In other funds. Special Revenue Fund Is utilized to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts or major capital projects) that are legally restricted to expenditures for specified purposes. Debt Service Fund is utilized to account for the accumulation of financial resources for, and the payment of general long -term debt principal, Interest, and related costs arising from general obligation bonds. Capital Protects Fund is utilized to account for financial resources to be used for the acquisition or construction of capital Improvements (other than those financed by proprietary funds). Such resources are derived from proceeds of general obligation debt, other sources designated for capital Improvements and Interest earned on such monies. Proprietary Fund Type Enterprise Fund is used to account for the operations that are financed and operated In a manner simliar to private business enterprises - where the intent of the City is that costs (expenses including depreciation) of providing services to the general public on a continuing basis be financed or recovered through user charges. Fiduciary Fund Types Agency Funds are used to account for assets held by the City as an agent for individuals, private organizations, other governments, and /or other funds. Agency funds are custodial in nature and do not Involve measurement of results of operations. Account Groups General Fixed Assets Account Group Is utilized to account for fixed assets In governmental fund type operations. General Lona -Term Debt Account Group is utilized to account for the long -term liabilities of governmental fund types. 16 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued C. Measurement Focus Measurement focus is the accounting convention which determines which assets and liabilities are Included on the balance sheet of a fund type and whether a fund type's operating statement presents 'financial flow or capital maintenance information. All governmental funds are accounted for on a spending or °financial flow' measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure of 'available spendable resources•. Governmental fund operating statements present Increases (revenues and other financing resources) and decreases (expenditures and other financing uses) In net current assets. Accordingly, they are said to present a summary of sources and uses of 'available spendable resources' during a period. Fixed assets used in governmental fund type operations and long -term liabilities expected to be financed from governmental funds are accounted for in the General Fixed Assets and General Long -Term Debt Account Groups. The two account groups are not 'funds'. They are concerned only with the measurement of financial position. They are not involved with measurement of results of operations. Proprietary funds are accounted for on a net Income and capital maintenance' measurement focus. This means that all assets, liabilities, equity, revenues, expenses and transfers relating to the activity of a proprietary fund are accounted for through the proprietary fund. The measurement focus Is upon the determination of net Income, financial position and cash flows. D. Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. All governmental funds and agency funds are accounted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is Incurred. The exception to this general rule is that principal and interest on general long -term debt is recognized when due. The more significant revenues which are treated as susceptible to accrual under the modified accrual basis are property taxes, intergovernmental revenues, charges for services, and Interest. Other revenue sources are not considered measurable and available, and are not treated as susceptible to accrual. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned and their expenses are recognized when they are incurred. 17 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued E. Budgets and Budgetary Accounting The City Manager submits to the City Council, between sixty and ninety days prior to the beginning of each fiscal year, a proposed budget for all funds of the City. At the meeting of the City Council at which the budget is submitted, the City Council fixes the time and place of the public hearing on the budget and causes to be published a notice of the budget hearing. After the budget hearing the budget may be adopted by a favorable vote of the majority of the members of the City Council. Upon adoption the budget Is flied with the City Secretary. During the fiscal year, the City Council may transfer funds allocated to a department to another department or re- estimate revenues or expenditures. The City Manager may transfer budgeted funds within a department. Expenditures should not exceed appropriations at the department level, the classification level as reported in the combined financial statements. Supplemental appropriations to amend the budget during the year were not material to total appropriations. The final amended version of the budget was utilized in this report. Unused appropriations lapse at the end of each fiscal year. The budgets for the general fund, special revenue funds, and debt service funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). The final amended version of these budgets are used In this report. Control over the expenditures for the capital projects funds are maintained through general obligation bond Indenture agreements, and authorized construction contracts. Accordingly, formal budgetary integration is not employed for the capital projects funds. F. Cash and Investments Cash and investments are comprised of demand accounts, imprest funds and certificates of deposit. The City maintains a cash and Investment pool that is available for use by all funds. Each fund type's portion of this pool is displayed on the combined financial statements as cash and cash equivalents or restricted cash and equivalents. All City deposits and Investments are Insured or collateralized by the Federal Deposit Insurance Corporation and pledges of securities Issued by the State of Texas, other Texas municipalities or the Federal government. The City's cash and Investments are considered as cash equivalents as they can be readily converted to cash at their carrying value. G. Property Taxes Ad valorem taxes are levied from valuations assessed as of January 1 and are recognized as revenue beginning on the date of levy, October 1, when they become available. Available means collected within the current period or expected to be collected soon enough thereafter to be used to pay current liabilities. Taxes not expected to be collected within sixty days of the fiscal year ending are recorded as deferred revenues and are recognized when they become available. Taxes collected prior to the levy date to which they apply are recorded as deferred revenues and recognized as revenue of the period to which they apply. 18 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued G. Property Taxes - continued The City's taxable assessed valuation of $826,083,256 and tax rate of .449 per $100 of taxable assessed valuation resulted in a tax levy of $3,709,114. Current taxes are due on October 1 and become delinquent If unpaid on February 1. Taxes unpaid as of February 1 are subject to penalty and Interest as the City Council provides by ordinance. A lien is created and attaches to property on January 1 each year until taxes are paid. Tax collection of the 1994 tax levy and total collections, including collections of prior year taxes, during the fiscal year ended September 30, 1995 were 98.08% and 101.90% of the current year tax levy, respectively. H. Allowance for Uncollectible Accounts An allowance for uncollectible taxes including penalties and Interest and water and sewer billed receivables is provided based on an analysis of historical trends. The allowances for uncollectible taxes and water and sewer billings at September 30, 1995 were $29,950 and 531,857, respectively. I. Unbilied Services Utility operating revenues (water, sewer and refuse collection) are billed on monthly cycles. The City records estimated revenues for services delivered during the current fiscal year which will be billed during the next fiscal year. J. Inventories Inventories are stated at cost (first -in, first -out) and are determined annually by taking a physical inventory. Inventory in the general fund consists of gasoline and supplies held for consumption and Is reported on the consumption method. Under the consumption method the cost is recorded as an expenditure at the time individual inventory items are utilized. K. Property, Plant and Equipment Property, plant and equipment of the proprietary fund is stated at cost (estimated cost for assets contributed). Depreciation expense is calculated principally on the straight -line method. Depreciation methods are designed to amortize the cost of the assets over their estimated useful ilves. Estimated useful lives of major categories of property are as follows: 19 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued K. Property, Plant and Equipment - continued Category Lffe Buildings 20-30 years Distribution system 30 years Storage tanks 30 years Equipment 5-10 years Maintenance, repairs, renewals and betterments which do not enhance the value or Increase the basic productive capacity of assets are charged to expense as Incurred. L. General Fixed Assets General fixed assets have been acquired for general governmental purposes from governmental fund types. Assets purchased in governmental funds are recorded as expenditures In governmental fund types and capitalized at cost In the general fixed asset account group, except for Infrastructure fixed assets. Infrastructure fixed assets (roads, bridges, curbs, gutters, streets, lighting systems, and similar assets that are immovable and of value only to the City) are not capitalized In the general fixed asset account group. Donated fixed assets are recorded as general fixed assets at their fair value at the date donated. No depreciation is provided on general fixed assets. M. Accrued Vacation It is the City's policy to permit employees to accumulate a limited amount of earned but unused vacation which will be payable to City employees upon termination from City service. The City has no other compensated absence obligations except for vacation benefits. The City records compensated absences In governmental fund types for the amount expected to be liquidated with expendable financial resources. The remainder of the liability from compensated absences of governmental fund types is reported In the general Tong -term debt account group. Proprietary funds accrue compensated absences In the period for which they are Incurred. N. Contributed Capital Contributed capital In enterprise funds represents the accumulation of contributions in the form of cash or other assets which generally do not have to be returned to the contributor. Such contributions are recorded directly to contributed capital and, accordingly, are not recognized as revenue. The following types of transactions are recorded as contributed capital In the enterprise fund: 20 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 1. Significant Accounting Policies - continued N. Contributed Capital - continued • Assets contributed by City. • Assets contributed by developers. • Receipts of federal grants specifically designated for acquisition of assets. • System development and Impact fees charged to fund the costs of capital Improvements to the utilities system. • Special assessments levied to fund costs of capital improvements. O. Reserves Reserves indicate portions of fund equity legally segregated for a specific future use. P. Tax Revenues The City's tax revenues consist of property tax, franchise tax, and City sales tax. The ordinance levying property taxes specifies the percentage applicable to the General Fund and Debt Service Fund. Tax revenues by fund for the year ended September 30, 1995 were as follows: General Special Revenue Debt Service Fund Funds Funds Total Property taxes $ 2,375,342 $ $ 1,466,318 $ 3,841,660 Franchise taxes 478,633 478,633 Sales taxes 1,033,501 516,750 1,550,251 Mixed beverage taxes 2.983 2,983 Tax revenue $ 3,890,459 $ 316,750 $ 11 466 318 $ 5,873,527 O. Cash Flow Presentation For the purposes of presenting the Statement of Cash Flows, the City considers all highly liquid Investments with an original maturity or initial maturity of less than three months to be cash equivalents. R. Total Columns Total columns on the combined financial statements are captioned 'Memorandum Only' to Indicate they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations or cash flows In conformity with generally accepted accounting principles. Neither are such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. S. Comparative Data Comparative totals for the prior year have been presented in the accompanying combined financial statements in order to provide an understanding of changes In the City's financial position and operations. 21 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 2. Deposits and Investments with Financial Institutions The City's Investment policies are governed by state statutes and City ordinance. Collateral 1s required for all deposits and Investments not covered by federal deposit insurance. Excess cash may be Invested In the following: • Obligations of the United States or its agencies and instrumentalities; • Direct obligations of the State of Texas or its agencies; • Other obligations, the principal of and Interest on which are unconditionally guaranteed or Insured by the State of Texas or the United States; • Obligations of states, agencies, counties, cities, and political subdivisions of any state having been rated as to Investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or Its equivalent; • Certificates of deposit Issued by state and national banks domiciled In this state that are: a) Guaranteed or Insured by the Federal Deposit Insurance Corporation; or b) Secured by obligations described above; • Local Government Investment Pools as authorized by State Statute. Maturities on all investments are consistent with the City's cash flow requirements. The City's deposits and Investments are pooled accounts consisting of the following: Cost Market Deposits and financial institutions $ 2,620,458 $ 2,620,458 U.S. Government Agency obligation (at cost) 8,459,326 8,458,060 Government investment pools (at cost) 4,025,041 4,025,041 15,104, 825 15,103, 559 Deferred compensation plans (at market) 221,024 221.024 $ 15,325,849 $ 15,324,583 Deposits with financial institutions are fully Insured or collateralized with securities held by Its agent in the entity's name. All Investments were Insured or registered, or securities held by the City or its agent In the City's name. Government pool Investments are not categorized because they are not evidenced by securities that exist In physical or book entry form. 22 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 3. Fixed Assets General Fixed Assets All flied assets acquired for governmental fund type operations are capitalized at cost or estimated historical cost If actual historical cost Is not available. Donated fixed assets are valued at their estimated fair value on the date donated. A summary of changes in general fixed assets follows: Land Buildings and and Total Improvements Improvements Equipment Balance, beginning $ 4,844,950 $ 740,803 $ 1,337,845 $ 2,766,302 Additions 2,134,814 1,306,103 20,044 808,667 Deletions ( 210,435) ( 210,435) Balance, ending $ 6,769,329 $ 2,046,906 $ 1,357,889 $ 3,364,534 Proprietary Fixed Assets A summary of proprietary fund fixed assets by type of property is as follows: Land and improvements $ 280,573 Buildings and Improvements 65,909 Distribution system 23,396,013 Equipment 375,821 24,118,316 Less accumulated depreciation 3,616.063 $ 20,502,253 Note 4. General Long -Term Debt General long -term debt of the City consists of general obligation bonds and obligations under compensated absence agreements. General obligation bonds retirement is provided from the debt service tax within the Debt Service Fund. The retirement of accrued vacation is provided by financial resources of the General Fund. 23 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 4. General Long -Term Debt - continued General obligation bonds and governmental revenue bonds outstanding at September 30, 1995 consist of the following: Date Amount of Amount Interest Date Series Original Outstanding Rates Issued Matures Issue 9-30-95 General Obligation Bonds, Series 1984 9.25 - 11.25% 1984 2001 600,000 $ 45,000 General Obligation Refunding, Series 1990 6.1 - 7.1 1990 2009 3,076,137 766,137 Public Property Finance Contractual Obligation, Series 1990 7.0 - 7.13 1990 1996 200,000 45,000 Tax and Water Worlcs and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990 7.25 - 9.75 1990 2012 1,100,000 245,000 Combined Tax/Revenue Certificates of Obligation, Series 1991 6.0 1991 1996 200,000 45,000 Tax and Water Works and Sever System (Limited Pledge) Revenue CertMcates of Obligation, Series 1992 6.0 - 8.0 1992 2012 1,300,000 1,215,000 General Obligation Bonds, Series 1992 5.2 - 8.2 1992 2013 1,500,00 1,460,000 General Obligation Refunding Bonds, Series 1993 2.8 - 4.7 1994 2013 6,490,000 6,280,000 Public Property Contractual Obligation, Series 1993 2.6 - 3.65 1994 1999 745,000 560,000 CertMcatss of Obligation, Series 1994 3.0 - 4.4 1994 1998 320,000 200,000 Sales Tax Revenue Bonds, Series 1994 6.0 - 6.25 1 2014 2,945,000 2,895,000 Sales Tax Subordinate Uen Revenue Bonds, Series 1994 6.5 - 15.0 1994 2015 1,000,000 1,000,000 $ 14,756,137 A summary of changes in general long -term debt follows: General Sales Tax Compensated Obligation Revenue Absences Note Total Bonds Bonds Obligation Payable -Land Balance, beginning $ 14,540,302 $ 11,526,137 $ 2,945,000 t 69,165 $ Additions 1,886,452 1,000,000 18,452 868,000 Deletions 715,000 665,000 50,000 Balance, ending $ 15,711,754 $ 10,861,137 $ 3,895,000 $ 87,617 $ 868,000 24 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 4. General Long -Term Debt - continued The debt service requirements of general obligation bonds and sales tax revenue bonds are as follows: Due Fiscal Year Ending Principal Interest Total 1996 $ 830,000 $ 814,483 $ 1,644,483 1997 795,000 721,189 1,516,189 1998 840,000 835,822 1,675,822 1999 714,532 953,662 1,668,194 2000 596,754 927,923 1,524,677 2001 -2015 10,979.851 5.419,793 16,399.644 $ 14,756,137 $ 9,672,872 $ 24 9 Note 5. Proprietary Long -Term Debt Proprietary Tong -term debt consists of revenue bonds and revenue contract obligations. Resources to retire these obligations are provided from the net revenues of the water and sewer fund and transfers from the debt service fund. Revenue Bonds and Combination Tax and Revenue Certificates of Obligations Revenue bonds were Issued to make improvements to the water and sewer system. Revenue bonds are payable soley from the net revenues of the water and sewer system. Combination tax and revenue certificate of obligations are payable from the net revenues of the water and sewer system and general debt service tax. Revenue bonds and combination tax and certificate of obligations outstanding at September 30, 1995 consist of the following: Date Amount of Balance Interest Date Series Original Outstanding Rates Issued Matures Issue 9 -30-95 Waterworks and Sewer System Revenue Bonds, Series 1984 9.80 - 11.75% 1984 2001 $ 500,000 $ 285,000 Waterworks and Sewer System Revenue Bonds, Series 1987 3.75 1987 2005 217,000 127,000 Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992A 5.20 - 8.20 1992 2013 1,300,000 1,265,000 Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 1994 5.95 - 8.75 1994 2015 4,350,000 4,350.000 6,027,000 25 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 5. Proprietary Long -Term Debt - continued Contract Revenue Oblistatlons The City has entered Into various contractual agreements to unconditionally finance the principal and Interest or a fixed percentage of principal and Interest of Trinity River Authority (TRA) Contract Revenue Bonds. Under the agreements, the Trinity River Authority utilized the bond proceeds to administer and construct various sewer and wastewater treatment projects on the City's behalf. Such agreements provide the City title to the assets upon retirement of the debt or capacity rights in the use of constructed assets. The City has Included in its financial statements Its proportionate share of these obligations and Its investment In these assets as capacity rights. Contract revenue obligations at September 30, 1995 consist of the following: Amount Date Date Outstanding Issued Matures 9 -30-95 TRA - City of Southlake Sewer System Project - Contract Revenue Obligations - Series 1990 1990 2011 $ 1 ,130,000 TRA - Big Bear Creek Interceptor - Contract Revenue Obligation - Series 1990 1990 2011 3,537,246 TRA - Denton Creek Wastewater Pressure Interceptor - Contract Revenue Obligation - Series 1990 1990 2012 1,360,000 TRA - Denton Creek Wastewater Pressure Interceptor - Contract Revenue Obligation - Series 1994 1994 2017 5230,000 11,257,246 Total principal and interest requirements outstanding for all revenue bonds and contract revenue obligations for the respective years ending September 30, 1995 are as follows: Principal Interest Total 1996 $ 358,832 $ 1,380,430 $ 1,739,262 1997 513,924 1,141,676 1,655,600 1998 685,698 1,095,040 1,780,738 1999 728,472 1,041,211 1,769,683 2000 785,246 983,669 1,768,915 2001 -2017 14,212,074 7,506,345 21,718,419 $17,284,246 $13,148,371 $30,432,617 26 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 6. Advance Refunding Resulting in In- Substance Defeasance of Debt In previous years the City has legally defeased certain outstanding general obligation debt in placing funds into irrevocable trusts pledged to pay all future debt service payments of the refunded debt. Accordingly, the trust pledged to pay all future debt service payaments of the refunded debt and the liability for the defeased Issues are not included in the City's financial statements. As of September 30, 1995 the following outstanding bonds were legally defeased: Series Type Amounts 1985 Combination Tax and Revenue Certificates of Obligation $ 1,535,000 1990 Certificates of Obligation 745,000 1990 General Obligation 2,070,000 $ 4,350,000 Note 7. Retirement Plan Plan Description The City provides pension benefits for all of its full -time employees through a nontraditional, Joint contributory, defined contribution plan In the state -wide Texas Municipal Retirement System (TMRS), one of over 650 administered by TMRS, an agent multiple- employer public employee ret'•ement system. It is the opinion of the TMRS management that the plans in TMRS are substantially defined contribution plans, but they have elected to provide additional voluntary disclosure to help foster a better understanding of some of the nontraditional characteristics of the plan. Benefits depend upon the sum of the employee's contributions to the plan, with Interest, and the City - financed monetary credits, wlth Interest. At the date the plan began, the City granted monetary credits for service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, wlth interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent (100 %, 150 %, or 200 %) of the employee's accumulated contributions. In addition, the City can grant as often as annually another type of monetary credit referred to as an updated service credit which is a theoretical amount which, when added to the employee's accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumulated with interest if the current employee contribution rate and City matching percent had always been In existence and if the employee's salary had always been the average of his salary in the last three years that are one year before the effective date. At retirement, the beneflt is calculated as if the sum of the employee's accumulated contributions with Interest and the employer - financed monetary credits wlth Interest were used to purchase an annuity. 27 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 7. Retirement Plan - continued Plan Description - continued Members can retire at ages 60 and above with 10 or more years of service or with 25 years of service regardless of age. The plan also provides death and disability benefits. A member is vested after 10 years, but he must leave his accumulated contributions In the plan. If a member withdraws his own money, he is not entitled to the employer - financed monetary credits, even if he was vested. The plan provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS and within the actuarial constraints also In the statutes. Contributions The contribution rate for the employees is 6 %, and the City matching percent is currently 200 %, both as adopted by the governing body of the City. Under the state law governing TMRS, the City contribution rate Is annually determined by the actuary. This rate consists of the normal cost contribution rate and the prior service contribution rate, both of which are calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the currently accruing monetary credits due to City matching percent, which are the obligation of the City as of an employee's retirement date, not at the time the employee's contributions are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of the City to each employee at the time his retirement becomes effective. The prior service contribution rate amortizes the unfunded actuarial liability over the remainder of the plan's 25 -year amortization period. When the City periodically adopts updated service credits and increases In annuities in effect, the Increased unfunded actuarial liability is to be amortized over a new 25 -year period. Currently, the unfunded actuarial liability Is being amortized over the 25 year period which began January, 1995. The unit credit actuarial cost method is used for determining the City contribution rate. Contributions are made monthly by both the employees and the City. Since the City needs to know its contribution rate In advance to budget for it, there Is a one -year lag between the actuarial valuation that is the basis for the rate and the calendar year when the rate goes into effect. The City's total payroll in fiscal year 1995 was $3,735,169 and the City's contributions were based on a payroll o4 $3,642,670. Both the City and the covered employees made the required contributions, amounting to $239,504 (5.93% of covered payroll for the months In calendar year 1994, 4.82% normal cost plus 1.1% to amortize the unfunded actuarial liability, and 6.75% for the months in calendar year 1995, 5.68% normal cost plus 1.07% to amortize the unfunded actuarial liability) for the City and $210,726 (6 %) for the employees. The City adopted changes in the plan since the previous actuarial valuation, which had the effect of increasing the City's contribution rate for 1995 by 1.53% of payroll. There were no related -party transactions. 28 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 7. Retirement Plan - continued Funding Status and Progress Even though the substance of the City's plan is not to provide a defined benefit in some form, some additional voluntary disclosure Is appropriate due to the nontraditional nature of the defined contribution plan which had an Initial unfunded pension benefit obligation due to the monetary credits granted by the City for services rendered before the plan began and which can have additions to the unfunded pension benefit obligation through the periodic adoption of Increases in benefit credits and benefits. Statement No. 5 of the Governmental Accounting Standards Board (GASB 5) defines pension benefit obligation as a standardized disclosure measure of the actuarial present value of pension benefits, adjusted for the effects of projected salary Increases, estimated to be payable in the future as a result of employee service to date. The measure is Intended to help users assess the funding status of public employee pension plans, assess progress made In accumulating sufficient assets to pay benefits when due, and make comparisons among public employee pension plans. The pension benefit obligation shown below is similar in nature to the standardized disclosure measure required by GASB 5 for defined benefit plans except that there is no need to project salary Increases since the benefit credits earned for service to date are not dependent upon future salaries. The calculations were made as part of the annual actuarial valuation as of December 31, 1994. Because of the money - purchase nature of the plan, the Interest rate assumption, currently 8.5% per year, does not have as much Impact on the results as it does for a defined benefit plan. Market value of assets is not determined for each Cfty's plan, but the market value of assets for TMRS as a whole was 98.6% of book value as of December 31, 1994. Pension Benefit Obligation Annuitants currently receiving benefits $ 27,492 Terminated employees 63,525 Current employees Accumulated employee contributions Including allocated invested earnings 810,833 Employee- financed vested 805,264 Employer - financed nonvested 538.304 Total $ 2,245,418 Net assets available for benefits, at book value 8 1,579,673 Unfunded pension benefit obligation 665,745 $ 2,245,418 The book value of assets is amortized cost for bonds and original cost for short -term securities and stocks. The actuarial assumptions used to compute the actuarially determined City contribution rate are the same as those used to compute the pension benefit obligation. The numbers above reflect the adoption of changes In the plan since the previous actuarial valuation, which had the effect of increasing the pension benefit obligation by $230,896. 29 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 7. Retirement Plan - continued Trend Information Trend Information gives an Indication of the progress made In accumulating sufficient assets to pay benefits when due. Ten year trend information for TMRS Is available In the System's Comprehensive Annual Financial Report for Its fiscal year ending December 31. Trend information as It relates to the City of Southlake may be found In the supplementary information of the City's Comprehensive Annual Financial Report. For the year ended December 31, 1994, 1993, and 1992, respectively, which 1s the latest available information, available assets were sufficient to fund 70.35 %, 79.07 %, and 91.28% of the pension benefit obligation. The unfunded pension benefit obligation represented 18.3 %, 10.1 %, and 3.5 %, of the payroll for employees covered by the plan for the years ended December 31, 1994, 1993 and 1992. Showing overfunded and unfunded pension benefit obligation as a percentage of annual covered payroll approximately adjusts for the effects of inflation for analysis purposes. Note 8. Deferred Compensation Plan The City offers its employees a deferred compensation plan created in accordance with internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. The deferred compensation Is not available to employees until termination, retirement, death, or unforeseeable emergency. The Plan is administered by PEBSCO and ICMA and assets and liabilities are reported at approximate market value. All amounts of compensation deferred under the plan, all property and rights 2 urchased with those amounts, and all Income attributable to those amounts, property and rights purchased with those available to the employee or other beneficiary) solely the property and rights of the City (without being restricted to the provisions of benefits under the plan), subject only to the claims of the City's general creditors. Participant's rights under the plan are equal to those of general creditors of the City in an amount equal to the fair market value of the deferred account for each participant. It is the opinion of management of the City that there is no liability for losses under the plan but that they do have the duty of due care that would be required of an ordinary prudent Investor. The City believes that It is unlikely that It will use the assets to satisfy the claims of general creditors in the future. 30 CITY OF SOUTHLAKE, TEXAS NOTES TO COMBINED FINANCIAL STATEMENTS Note 9. Commitments and Contingencies The City has entered various contracts with the Trinity River Authority (TRA) and other cities. Terms of the agreements provide the City will pay an amount equal to its proportional share of maintenance and operations and debt service based upon volumes of wastewater transported, treated or disposed of. The City's proportional share of future costs under these contracts Is undeterminable and has not been recorded. Payments to the TRA under these contracts for the year ended September 30, 1995 was $187,462. The City has authorized various contracts obligating future funds of the City as the contracted services are performed. Significant amounts unexpended under such contracts at year end are reflected as reserves for authorized contracts In the applicable funds. Note 10. Risk Financing and Insurance The City is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. During the fiscal year 1990, the City Joined the Texas Municipal League Group Benefits Risk Pool and the Texas municipal League Workers Compensation Joint Insurance Fund for risks related to employees. Premiums are paid to these Pools, which retain a limit of loss. Reinsurance companies insure the risks beyond those limits. The City retains, as a risk, only the deductible amount of each policy. The City continues to carry commercial Insurance for other risks Including general liability, property and errors and omissions. Note 11. Contributed Capital Subsequent to the issuance of the 1994 financial statements It was discovered that assets contributed to the water and sewer system by developers had not been recognized as contributed capital. Beginning contributed capital has been restated to reflect these contributed assets and the related accumulated depreciation on such assets. The changes in contributed capital are as follows: Balance, beginning $ 6,643,496 Prior period adjustments: Developer contributions 7,882,467 Accumulated depreciation on contributed assets at September 1, 1994 ( 369,593) Balance, beginning (as restated) 14,156,370 Impact fees 848,139 Development contributions 2,742,127 Depreciation on contributed assets ( 277,605) Other 27,226 Balance, ending $ 17,496,257 31 outhla ¢ 32 APPENDIX C FORM OF BOND COUNSEL'S OPINION THIS PAGE LEFT BLANK INTENTIONALLY FULBRIGHT & JAWORSKI L. L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON WASHINGTON, D.C. 2200 Ross AVENUE AUSTIN SUITE 2800 SAN ANTONIO DALLAS TELEPHONE: 214/855 -8000 DALLAS, TEXAS 75201 NEW YORK FACSIMILE: 214/855 -8200 LOS ANGELES LONDON WRITERS DIRECT DIAL NUMBER: HONG KONG 214/855 -8013 IN REGARD to the authorization and issuance of the "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 199T (the "Certificates "), dated February 15, 1997 (the "Certificate Date "), in the principal amount of $9,670,000, we have examined into the legality and validity of the issuance thereof by the City of Southlake, Texas (the "City "), which Certificates are issuable in fully registered form only, in denominations of $5,000 or any integral multiple thereof (within a maturity), have stated maturities of February 15, 1998 through February 15, 2017, unless redeemed prior to maturity in accordance with the terms stated on the Certificates, and bear interest on the unpaid principal amount from the Certificate Date at the rates per annum stated in the ordinance authorizing the issuance of the Certificates (the "Ordinance "), such interest being payable on February 15 and August 15 in each year, commencing February 15, 1998, to the registered owners shown on the registration books of the Paying Agent/Registrar on the Record Date (stated on the face of the Certificates). WE HAVE SERVED AS BOND COUNSEL for the City solely to pass upon the legality and validity of the issuance of the Certificates under the Constitution and laws of the State of Texas, and with respect to the exclusion of the interest on the Certificates from gross income for federal income tax purposes and none other. We have not been requested to investigate or verify, and have not independently investigated or verified, any records, data or other material relating to the financial condition or capabilities of the City. Our examinations into the legality and validity of the Certificates included a review of the applicable and pertinent provisions of the Constitution and laws of the State of Texas, a transcript of certified proceedings of the City relating to the authorization and issuance of the Certificates, including the Ordinance, customary certifications and opinions of officials of the City and other pertinent showings, and an examination of the Certificates executed and delivered initially by the City, which we found to be in due form and properly executed. BASED ON OUR EXAMINATIONS, IT IS OUR OPINION that, under the applicable law of the United States of America and the State of Texas in force and effect on the date hereof: 1. The Certificates have been duly authorized by the City, and the Certificates issued in compliance with the provisions of the Ordinance are valid, legally binding and enforceable obligations of the City, payable from an ad valorem tax levied, within the limits prescribed by law, upon all taxable property in the City and additionally payable from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System in the manner and to the extent 0401111 Page 2 of Legal Opinion of Fulbright & Jaworski L.L.P. Re: $9,670,000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997 ", dated February 15, 1997 provided in the Ordinance; except to the extent that the enforceability thereof may be affected by bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting creditors' rights or the exercise of judicial discretion in accordance with the general principles of equity. 2. Assuming continuing compliance after the date hereof by the City with the provisions of the Ordinance and in reliance upon representations and certifications of the City made in a certificate of even date herewith pertaining to the use, expenditure, and investment of the proceeds of the Certificates, interest on the Certificates for federal income tax purposes (a) will be excludable from gross income, as defined in section 61 of the Internal Revenue Code of 1986, as amended to the date hereof (the "Code "), of the owners thereof pursuant to section 103 of the Code and existing regulations, published rulings, and court decisions thereunder, and (b) will not be included in computing the alternative minimum taxable income of individuals or, except as hereinafter described, corporations. Interest on all tax- exempt obligations, such as the Certificates, owned by a corporation will be included in such corporation's adjusted current earnings for tax years beginning after 1989 for purposes of calculating the alternative minimum taxable income of such corporation, other than an S corporation, a qualified mutual fund, a real estate mortgage investment conduit (REMIC), or a real estate investment trust (REIT). A corporation's alternative minimum taxable income is the basis on which the alternative minimum tax imposed by the section 55 of the Code will be computed. WE EXPRESS NO OPINION with respect to any other federal, state, or local tax consequences under present law or any proposed legislation resulting from the receipt or accrual of interest on, or the acquisition or disposition of, the Certificates. Ownership of tax- exempt obligations such as the Certificates may result in collateral federal tax consequences to, among others, financial institutions, life insurance companies, property and casualty insurance companies, certain foreign corporations doing business in the United States, S corporations with subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement Benefits, individuals otherwise qualifying for the earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. EHE:dfc 0401111 Financial Advisory Services Provided By FIRST SOUTHWEST COMPANY INVESTMENT BANKERS