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R-96-08-08-10C - 8/8/1996x \WPDOCS \RSSOWPI \"SSOeoec wPD /eeg RESOLUTION NO. R- 96- 08- 08 -10C WHEREAS, the City Council of the City of Round Rock, Texas (the "City ") has authorized the City's financial advisor, First Southwest Company (the "Financial Advisor "), to prepare a Preliminary Official Statement, for the City's General Obligation and Refunding Bonds, Series 1996 (the "Bonds "), and WHEREAS, the City Council has reviewed the Preliminary Official Statement, and WHEREAS, the City Council deems it appropriate to approve the Preliminary Official Statement and authorize the distribution of the Preliminary Official Statement as further set forth below, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, Section 1: Approval and Distribution of Preliminary Official Statement. The City Council hereby approves the Preliminary Official Statement substantially in the form attached hereto as Exhibit "A" with such changes, additions or deletions as directed by the City Council and, the Financial Advisor is hereby authorized and directed to distribute the Preliminary Official Statement. Section 2: Other Matters. The Mayor or Mayor Pro Tem and the Secretary or Assistant Secretary of the City are authorized to do all things proper and necessary to carry out the intent hereof, including the approval of appropriate changes to the Preliminary Official Statement. RESOLVED this 8th day of August, 1996. ATTEST: ANNE LAND, City Secretary 2 an/ CHARLES CULPEPPHE', Mayor City of Round Rock, Texas .DK SDhT Ratings: Dated August 15, 1996 Moody's: Applied For S &P: Applied For See ( "Other Information NEW ISSUE - Book- Entry -Only Ratings" and "Bond Insurance" herein) In the opinion of Bond Counsel, interest on the Bonds 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. 'Preliminary, subject to change. "DRAT- T - ?& AIRY OFFICIAL STATEMENT THE BONDS WILL NOT BE DESIGNATED AS "QUALIFIED TAX - EXEMPT OBLIGATIONS" FOR FINANCIAL INSTITUTIONS $13,030,000" CITY OF ROUND ROCK, TEXAS (Williamson County) GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 1996 Dated Date: August 15,1996 Due: August 15, as shown on inside front cover Pnnstrrr Timms ... Interest on the 913,030,000° City of Round Rock, Texas, General Obligation and Refunding Bonds, Series 1996 (the `Bonds ") will accrue from the dated date shown above, will be payable February 15 and August 15 of each year commencing August 15, 1997, and will be calculated on the basis of a 360 -day year consisting of twelve 30-day months. The definitive Bonds 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. Beneficial ownership of the Bonds may be acquired in denominations of 55,000 or integral multiples thereof. No physical delivery of the Bonds will be made to the owners thereof. Principal of, premrum, if any, and interest on the Bonds 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 Bonds. See "The Bonds - Book - Entry-Only System" herein The initial Paying Agent/Registrar is Texas Commerce Bank National Association, Austin, Texas (see "The Bonds - Paying Agent/Registrar"). ADTHORrrY FOR ISSUANCE ... The Bands are issued pursuant to the Constitution and general laws of the State of Texas, (the "State ") including particularly Articles 823 and 717k, Vemon's Texas Civil Statutes, ( "V.T.C.A. "), as amended, and are direct obligations of the City of Round Rock, Texas (the "City"), payable from a continuing ad valorem tax levied on all taxable property within the City, within the limits prescribed by law, as provided in the ordinance authorizing the Bonds (the "Ordinance ") and an election held within the city on January 20, 1996 (see "The Bonds - Authority for Issuance "). PURPOSE ... Proceeds from the sale of the Bonds will be used (i) to refund certain outstanding bonds of the City (the 'Refunded Bonds "), (ii) to purchase new fire and police equipment, to construct and equip a new public library, to expand and improve City parks and streets, and (iii) to pay the costs associated with the issuance of the Bonds. INSURANCE ... The City has applied to several bond insurance companies and will consider the purchase of insurance after an analysis of bids have been made. MATURITY SCHEDULE See Inside Front Cover REDEMPTION OPTroN ... The City reserves the right, at its option, to redeem Bonds having stated maturities on and after August 15, 2006, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on August 15, 2005, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. In addition, Bonds maturing in the years and are subject to mandatory sinking fund redemption prior to maturity as described herein (see "The Bonds - Optional Redemption" and "Mandatory Sinking Fund Redemption "). LEGALITY ... The Bonds are offered for delivery when, as and if issued and received by the initial purchaser(s) and subject to the approving opinion of the Attorney General of Texas and the opinion of McCall, Parkhurst & Horton L.L.P., Bond Counsel, Austin, Texas (see Appendix C, "Form of Bond Counsel's Opinion "). Certain matters will be passed upon for the Underwriters by Vinson & Elkins L.L.P., Austin Texas. DELIVERY .. It is expected that the Bonds will be available for delivery through The Depository Trust Company on September 24, 1996. LEGG MASON WOOD WALKER INCORPORATED ESTRADA HINOJOSA & COMPANY SOUTHWEST SECURITIES, INC. 'Preliminary, subject to change. MATURITY SCHEDULE* Price or Price or Amount Maturity Rate ie d Amount Maturity Rate Yield $ 150,000 2000 $ 665,000 2011 160,000 2001 700,000 2012 170,000 2002 735,000 2013 185,000 2003 785,000 2014 195,000 2004 830,000 2015 210,000 2005 1,035,000 2016 200,000 2006 1,095,000 2017 60,000 2007 1,165,000 2018 65,000 2008 1,235,000 2019 335,000 2009 1,310,000 2020 355,000 2010 1,390,000 2021 (Accrued Interest from August 15, 1996 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 unlawfid 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, wider any circumstances, create any implication that there has been no change in the affairs of the City or other matters described. OFFICIAL STATEMENT SUMMARY 4 CITY OFFICIALS, STAFF AND CONSULTANTS 6 ELECTED OFFICIALS 6 SELECTED ADMINISTRATIVE STAFF 6 CONSULTANTS AND ADVISORS 6 INTRODUCTION 7 THE BONDS 7 TAX INFORMATION 11 TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT 14 TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY ..... 14 TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY 16 TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY 16 TABLE - TEN LARGEST TAXPAYERS 16 TABLE6 - TAX ADEQUACY 16 TABLE - ESTIMATEDOVBRLAPPING DEBT 17 DEBT INFORMATION 18 TABLE 8 - PRO -FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS 18 TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION 19 TABLE 10 - COMPUTATION OF SELF- SUPPORTING DEBT 19 TABLE 11 - AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS 19 FINANCIAL INFORMATION 20 TABLE 12 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY 20 TABLE 13 - MUNICIPAL SALES TAX HISTORY 21 TABLE 14 - CURRENTINVESTMENTs TAX MATTERS 24 OTHER INFORMATION 26 RATINGS ERROR! BOOICMARIC NOT DEFINED. LITIGATION 24 REGISTRATION AND QUALIFICATION OF BONDS FOR SALE 24 TABLE OF CONTENTS 3 LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS 24 LEGAL OPINIONS AND NO- LITIGATION CERTIFICATE 24 AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION 24 CONTINUING DISCLOSURE OF INFORMATION 25 FINANCIAL ADVISOR 26 CERTIFICATION OF THE OFFICIAL. STATEMENT 26 APPENDICES GENERAL INFORMATION REGARDING THE CITY A EXCERPTS FROM THE ANNUAL FINANCIAL REPORT B FORM OF BOND COUNSEL'S OPINION C The cover page hereof, this page, the appendices included herein and any addenda, supplement or amendment hereto, are part of the Official Statement. 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 Bonds 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 Round Rock, Texas (the "City"), is a political subdivision of the State of Texas (the "State ") located in Williamson and Travis Counties, Texas, operating as a home -rule city under the laws of the State and a charter approved by the voters in August, 1977 (the "Home Rule Charter"). The City operates under a Council/Manager form of government where the mayor and six councilmembers are elected for staggered three -year terms. The Council formulates operating policy for the City while the City Manager is the chief administrative officer. The City is located in Williamson and Travis Counties, Texas, 8 miles north of Austin and 85 miles south of Waco on Interstate Highway 35. The City is also situated on U.S. Highway 79, which runs east and west. Both U.S. Highway 79 and Interstate Highway 35 are main arteries of traffic in the State (See Appendix A - "General Information Regarding the City"). THE BONDS The Bonds are issued as $13,030,000• General Obligation and Refunding Bonds, Series 1996. The Bonds are issued as serial bonds maturing August 15, 1998 through August 15, 2021 (see "The Bonds - Description of the Bonds "). PAYMENT OFINTEREST . Interest on the Bonds accrues from August 15, 1996, and is payable August 15, 1997 and each February 15 and August 15 thereafter until maturity or prior redemption (see "The Bonds - Description of the Bonds" and "The Bonds - Optional Redemption "). AUTHORITY FOR ISSUANCE The Bonds are issued pursuant to the general laws of the State, including particularly Articles 823 and 717k, V.T.C.S., and an Ordinance passed by the City Council of the City and an election held within the City on January 20, 1996 (see "The Bonds - Authority for Issuance "). SECURITY FOR THE BONDS The Bonds constitute direct and voted obligations of the City, payable from the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property located within the City (see "The Bonds - Security and Source of Payment "). REDEMPTION OF BONDS The City reserves the nght, at its option, to redeem Bonds having stated maturities on and after August 15, 2007 in whole or in part in principal amounts of 55,000 or any integral multiple thereof, on August 15, 2006 or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. In addition, the Bonds maturing in the years _ and are subject to mandatory sinking fund redemption prior to maturity as described herein (see "The Bonds - Optional Redemption" and "Mandatory Sinking Fund Redemption "). TAx ExEMPnIDN In the opinion of Bond Counsel, the interest on the Bonds 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 altemative minimum tax on corporations. USE OF PROCEEDS Proceeds from the sale of the Bonds will be used (i) refund certain outstanding bonds of the City (the "Refunded Bonds "), (ii) to purchase new fire and police equipment, to construct and equip a new public library, to expand and improve City parks and streets, and (iii) to pay the costs association with the issuance of the Bonds. RATINGS The presently outstanding, uninsured 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 eight issues outstanding which are rated "Arta" by Moody's and "AAA" by S &P through insurance by various commercial insurance companies. Applications for contract ratings on the Bonds have been made to Moody's and S &P (see "Other Information - Ratings "). • Preliminary, subject to change 4 BOOK -ENTRY -ONLY SYSTEM The definitive Bonds 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 Bonds may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Bonds will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Bonds 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 Bonds (see "The Bonds - Book - Entry-Only System ") . BOND INSURANCE The City has applied to several bond insurance companies and will consider the purchase of insurance after an analysis of bids has been made. PAYMENT RECORD The City has never defaulted in payment of its general obligation tax debt. Ratio Funded Fiscal Per Capita Per Capita Debt to Year Estimated Taxable Taxable Funded Funded Taxable % of Ended City Assessed Assessed Tax Tax Assessed Total Tax 9 -30 Population Valuation Valuation Debt Debt Valuation Collections 1991 32,213 $ 934,207,091 $29,001 $ 41,038,200 $ 1,273.96 4 39% 99 69% 1992 33,769 836,585,606 24,774 38,738,400 1,147.16 4.63% 99.80% 1993 36,139 914,420,536 25,303 40,961,100 1,133.43 4.48% 100 65% 1994 39,460 1,078,249,127 27,325 38,261,000 969 3.55% 101.59% 1995 41,650 1,404,239,617 33,715 43,069,000 1,034.07 3.07% 100.15% 1996 43,500 1,961,541,803< 45,093 51,872,000 1,192.46 2.64 % 99.86 %t (1) Revaluation. `^ (2) Valuation by Williamson County Appraisal District, as of 2/95. (3) Includes the Certificates. Excludes the Refunded Bonds Preliminary, subject to change. (4) As of 6- 30 -96. For additional information regarding the City, please contact Nt 1 Prol WTM�1' QAi' u +%\ SELECTED FINANCIAL INFORMATION GENERAL FUND CONSOLIDATED STATEMENT SusstanRY 1995 1994 1993 1992 1991 Beginning Balance $ 6,334,254 $ 5,119,893 $ 4,330,104 $ 4,781,588 $ 2,948,375 Total Revenue 14,553,053 11,698,621 10,142,724 8,108,664 8,932,214 Total Expenditures 13,586,674 1 10,882,851 10,060,735 8,491,473 7,944,989 Net Transfers (550,683) * 398,591 , 707,800 (68,675) 845,988 Net Funds Available 395.696 1.214.361 789.789 (451.4841 1.833.213 Ending Balance 5 6 729 950 5 6 114 7,54 $ 5 119 891 $ 4 330.104 $ 4 791 58$ David Kautz Garry Kimball Director of Finance First Southwest Company City of Round Rock or 98 San Jacinto Blvd , Suite 370 221 East Main Street Austin, Texas 78701 Round Rock, Texas 78664 (512) 476 -4372 (512) 255 -3612 (512) 476 -0597 Fax 5 ELECTED OFFICIALS City Council Charles C. Culpepper Mayor Earl Palmer Mayor Pro -Tem Place 4 Robert Stluka Councilman Place 1 Rod Morgan Councilman Place 2 . Rick Stewart Councilman Place 3 CITY OFFICIALS, STAFF AND CONSULTANTS Length of Term Service Expires Occupation 3 Years May 1999 Self-Employed 6 Years May 1999 Retired Businessman 6 Years May 1999 Associate Consultant, Tonn & Associates 4 Years May 1998 Self - Employed 5 Years May 1998 Retired Businessman Martha A. Chavez - 3 1/2 Years May 1997 School Teacher, RRUSD Councilwoman Place 5 Jimmy Joseph 7 Years May 1999 Self - Employed Councilman Place 6 SELECTED ADMINISTRATIVE STAFF CONSULTANTS AND ADVISORS Length of Name Position Service Robert L. Bennett, Jr. City Manager 18 Years Joanne Land Assistant City Manager /City Secretary 26 Years David Kautz Director of Finance . 19 Years Stephan L. Sheets City Attorney 18 Years Auditors Pella, Swayze & Company Round Rock, Texas Bond Counsel McCall, Parkhurst & Horton L.L.P. Austin, Texas Financial Advisor First Southwest Company Austin, Texas 6 OFFICIAL STATEMENT RELATING TO 513,030,000" CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 1996 INTRODUCTION This Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of 513,030,000" City of Round Rock, Texas, General Obligation and Refunding Bonds, Senes 1996 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 Bonds which will authorize the issuance of the Bonds, except as otherwise indicated herein There follows in this Official Statement descriptions of the Bonds and certain information regarding the City and its finances. All descriptions of documents contained herein are only summaries and are qualified m their entirety by reference to each such document. Copies of such documents may be obtained from the City's Financial Advisor, First Southwest Company, Austin, Texas. DESCRIPTION OF THE Crry ... 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, approved by voters in 1977. The City operates under a Council/Manager form of government with a City Council comprised of the Mayor and six Councihnembers elected for staggered three -year terms. The City Manager is the chief administrative officer for the City. Some of the services that the City provides are: public safety (police and fire protection), highways and streets, water and sanitary sewer utilities, recreation, planning and zoning, and general administrative services. The 1990 Census population for the City was 30,923, while the estimates September 30, 1996 population was 43,500 The City covers approximately 4 square miles 'Preliminary, subject to change. THE BONDS Purpose ... A portion of the proceeds from the sale of the Bonds will be used (r) refund certain outstanding bonds of the City (the "Refunded Bonds "), (ii) to purchase new fire and police equipment, to construct and equip a new public library, to expand and improve City parks and streets, and (iii) pay the costs of issuance for the bonds. See Schedule I - Schedule of Bonds to be Refunded. The City will enter into an escrow agreement (the "Escrow Agreement ") with Texas Commerce Bank, N.A., Austin, Texas (the "Escrow Agent "), pursuant to which a portion of the proceeds of the Bonds will be invested in direct obligations of the Unites State of America (the "Escrow Obligations "), deposited m an escrow fund and applied, together with uninvested cash balances held under the Escrow Agreement, to provide for scheduled payments of principal of and interest on the Refunded Bonds and for payment of the redemption price of the Refunded Bonds on their redemption dates. At the time of delivery of the Bonds, _ , independent certified public accountants, will verify that the Escrow Obligations will mature and pay interest at times and in amounts that, together with uninvested monies held pursuant to the Escrow Agreement, will be sufficient to pay the principal of, and interest on, the Refunded Bonds when and as due. Upon deposit of the Bond proceeds with the Escrow Agent and the purchase of the Escrow Obligations pursuant to the Escrow Agreement, the City will have effected the defeasance of the Refunded Bonds. In the opinion of Bond Counsel, as a result of such deposit, firm banking and financial arrangements will have been made for the discharge and final payment of the Refunded Bonds pursuant to the Escrow Agreement, and such Refunded Bonds will be deemed to be fully paid and no longer outstanding except for the purpose of being paid from the funds provided therefor in such Escrow Agreement. The monies and Escrow Obligations held under the Escrow Agreement will not be available for payment of the Bonds. The refunding of the Refunded Bonds will restructure the debt service requirements of the City's tax supported bonds. DESCRIPTION Of THE BONDS ... The Bonds are dated August 15, 1996, and mature on August 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 August 15, 1997. The definitive Bonds will be issued only in fully registered form in any integral multiple of 55,000 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 Bonds will be made to the owners thereof. Principal of, premium, if any, and interest on the Bonds 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 Bonds See "Book- Entry-Only System" herein. - 7 ArraorurY FOR Issumicg... The Bonds are being issued pursuant to the Constitution and general laws of the State of Texas, particularly Articles 823 and 717k, Vemon's Texas Civil Statutes, as amended; an election held January 20, 1996, and the Ordinance. SECURrrY AND SOURCE on 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 Bonds. TAX RATE LmaTATION... 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 92.50 per 9100 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 5 100 Taxable Assessed Valuation. OPITONALR®Eaorraox... The City reserves the right, at its option, to redeem Bonds having stated maturities on and after August 15, 2007, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on August 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 Bonds are to be redeemed, the City may select the maturities of Bonds to be redeemed. If less than all the Bonds of any maturity are to be redeemed, the Paying Agent/Registrar (or DTC while the Bonds are in Book - Entry-Only form) shall determine by lot the Bonds, or portions thereof, within such maturity to be redeemed. If a Bond (or any portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given, such Bond (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. MANDATORY SINKING FUND REDEMPTION... In addition to being subject to optional redemption, as provided above, the Bonds maturing on August 15, and August 15 are subject to mandatory sinking fund redemption prior to maturity in the following amounts, on the following dates and at a price of par plus accrued interest to the redemption date from amounts required to be deposited in the Interest and Sinking Fund: Bonds maturing August 15 Mandatory Redemption Date Principal Amount Bonds maturing August 15 Mandatory Redemption Date Principal Amount The principal amount of the Bonds requ to be redeemed pursuant to the operation of the mandatory sinking fund redemption provisions shall be reduced, at the option of the City, by the principal amount of any Bonds of the stated maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City, at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and cancelled by the Paying Agent/Registrar at the request of the City, with monies in the Interest and Sinking Fund at a price not exceeding the principal amount of the Bonds plus accrued interest to the date of purchase thereof, or (3) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a mandatory sinking fund redemption requirement. At least 30 days prior to the date fixed for any such mandatory sinking fund redemption a written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for redemption by depositing such notice in the United States mail, postage prepaid, addressed to each such registered owner at the address thereof as shown on the registration books of the Paying Agent/Registrar. 8 NOTICE OF REDEMPTION ... Not less than 30 days prior to a redemption date for the Bonds, the City shall cause a notice of redemption to be sent by United States mail, fast class, postage prepaid, to the registered owners of the Bonds 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 BONDS CALLED FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND NOTWTfHSTANDING THAT ANY BOND OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYMENT, INTEREST ON SUCH BOND OR PORTION THEREOF SHALL CEASE TO ACCRUE. • Boorc- Errruv -ONLY SYSTEM ... The Depository Trust Company ('DTC "), New York, New York, will act as securities depository for the Bonds. The Bonds 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 Bonds 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 Bonds 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 Bond ( "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 Bonds 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 Bonds, except in the event that use of the book -entry system described herein is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds 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 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds 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. Redemption notices shall be sent to Cede & Co. If less than all of the Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds 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 Bonds are credited on the Record Date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds 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 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 9 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 Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor secunties depository is not obtained, Bonds 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, Bonds 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 Bonds 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 m the Bonds, 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 Aotorr/Recrsrann ... The initial Paying Agent/Registrar is Texas Commerce Bank, N.A., Austin, 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 Bonds 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 Bonds. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of the Bonds by United States mail, rust 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 Bonds 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. Bonds may be assigned by the execution of an assignment form on the respective Bonds or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. New Bonds will be delivered by the Paying Agent/Registrar, in lieu of the Bonds 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 Bonds issued in an exchange or transfer of Bonds 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 Bonds 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 Bonds registered and delivered in an exchange or transfer shall be in any integral multiple of 55,000 for any one maturity and for a like aggregate principal amount as the Bonds 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 Bonds Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Bond 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 Bond. RECORD DATE FOR INTEREST PAYMENT ... The record date ( "Record Date ") for the interest payable on the Bonds 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 Bond 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 Bonds. Under State law there is no right to the acceleration of maturity of the Bonds upon the failure of the City to observe any covenant under the Ordinance. Although a registered owner of Bonds could presumably obtain a judgment against the City if a default occurred in the payment of principal of or interest on any such Bonds, such judgment could not be satisfied by 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 Bonds as it becomes due. The enforcement of any such remedy may be difficult and time 10 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 Bonds are qualified with respect to the customary rights of debtors relative to their creditors. USE OF BOND PROCEEDS... Proceeds from the sale of the Bonds are expected to be expended as follows: Sources: Proceeds from Sale of Bonds Accrued Interest Total Sources of Funds Uses: Original Issue Discount Underwriter's Discount Deposit to Debt Service Fund Deposit to Project Construction Fund Deposit to Escrow Bond Insurance Premium Estimated Costs of Issuance Contingency Total Uses of Funds BOND INSURANCE TAX INFORMATION 11 $ The City has applied to several bond insurance companies and will consider the purchase of insurance after an analysis of bids has been made. AD VALOREM TAX LAW ... The appraisal of property within the City is the responsibility of the Williamson 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 Distnct. 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 I -b, Article V1II, and State law, the governing body of a political subdivision, at its option, may grant: (1) An exemption of not less than 53,000 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. In the case of residence homestead exemptions granted under Section 1 -b, Article VIII, ad valorem taxes may continue to be levied against the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of debt if cessation of the levy would impair the obligation of the contract by which the debt was created. 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 $1500 to a maximum of $3,000. 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 I 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. 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 m 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 1. Oil and gas reserves are assessed on the basis of a valuation process which uses an average of the daily price of ail and gas for the prior year. 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 I. I2 PENALTIES AND 7tvrE1Esr ... 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% attomey'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. Cray APPrdcATaoN 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 522,000; the disabled are also granted an exemption of from 51,500 to 53,000. The City has not granted an additional exemption of 20% of the market value of residence homesteads. 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 the City of Round Rock Independent School District collects taxes for the City. The City does not pemut split payments, and discounts are not allowed. The City does tax freeport property. The City does collect the additional one -half cent sales tax for reduction of ad valorem taxes. The City has adopted a tax abatement policy. The City has granted abatements under various agreements, covering total property currently valued at$46,217,973 from three to ten years each. These agreements will expire between 1998 -2004. 13 TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT 1996 Total Appraised Value Established by Williamson County Appraisal District $2,074,310,057 Less: Totally Exempt Property 135,664,533 1996 Market Valuation Established by Williamson County Appraisal District $1,938,645,524 Less: Exemptions/Reductions at 100% of Market Value: Over 65 and Disabled Homestead Exemptions (I) $ 15,905,414 Disabled Veterans Exemptions R7 1,991 000 Open-Space Land Use Reductions (3) [j2,55 5,603. Freeport Exemptions 34,054,108 Tax Abatements 46,247,973 98,,198,495 Plus: Arbitration Values $ 121,094,774 1996 Taxable Assessed Valuation 31,961,541,803 City Funded Debt Payable from Ad Valorem Taxes: General Purpose Obligations (as of 8 -1 -96) 539,177,000 The Bonds 13,030,000 Funded Debt Payable from Ad Valorem Taxes $ 52,207,000 Less Self - Supporting Debt: Waterworks and Sewer System General Obligation Bonds $ 8,658,927 Combination Tax and Revenue Certificates of Obligation 6.134.625 14.793.552 Net Funded Debt Payable From Ad Valorem Taxes $ 37,413,448 Interest and Sinking Fund (as of 6- 30 -96) $ 4,383,365 Ratio of Funded Debt to 1996 Taxable Assessed Valuation 2.66% Ratio of Net Funded Debt to 1996 Taxable Assessed Valuation 1.91% 1996 Estimated Population - 43,500 Per Capita Fiscal 1995 Taxable Assessed Valuation - $45,093 Per Capita Funded Debt - $1200 Per Capita Net Funded Debt - $860 Pursuant to authority permitted by Section 1 -b of Article VIII, the City, beginning in 1975, has granted a property tax exemption to the residence homestead of property owners over 65 years of age. The Legislature, pursuant to a constitutional amendment and Section 11.22 of the Texas Tax Code, mandated an additional property tax exemption, beginning in 1976, for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces. The exemption from taxation applies to either real or personal property with the amount of Assessed Valuation exempted ranging from 51,500 to 33,000, dependent upon the amount of disability or whether the exemption is applicable to a surviving spouse or children. Reduction made to the appraised value of productive agricultural and open -space land under the provisions of Sections 1- d and 1d -1 of Article VII. Excludes the Refunded Bonds. Allocation of Series 1995 Combination Tax & Revenue Certificates of Obligation to Golf Course, which is self - supporting. 14 TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY h tAr b .., , (14 Taxable A raised Value For Fiscal Year Ended September 30, 1996 1995 1994 %of %of . %of Category Amount Total Amount Total Amount Total Real, Residential, Single- Family $ 1,085,291,467 55.98% $ 832,524,130 57.88% $ 606,451,376 53.38% Real, Residential, Multi- Family 143,170,483 7.39% 116,344,182 8.09% 93,004,600 8.19% Real, Vacant Lots/Tracts 56,740,366 2.92% 50,058,590 3.48% 17,594,492 1.55% Real, Acreage (Land Only) 52,477,802 2.70% 48,650,999 3.38% 29,478,200 2.59% Real, Fans and Ranch Improvements 2,129,323 0.11% 2,336,633 0.16% 2,095,627 0.18% Real, Commercial 268,021,643 13.83% 195,420,480 13.59% 171,042,557 15.05% Real and Tangible Personal, Utilities, Other 37,750,738 1.95% 32,387,477 2.25% 29,447,478 2.59% Tangible Personal, Commercial/Industrial 293,061,409 15.12% 160,535,656 11.17% 176,403,714 15.53% Tangible Personal, Other 2,298 0.00% 2,658 0.00% 33,716 0.00% Real Property, Inventory 0 0.00% 0 0.00% 10,618,350 0 93% Total Appraised Value Before Exemptions $ 1,938,645,529 100.00% $ 1,438,260,775 100.00% $ 1,136,170,110 100.00% Less: Total Exemptions/Reductions 98,198,495 34 1 57,920,983 Plus. Arbitration Values 121,094,774 0 0 Taxable Assessed Value $ 1.961.541 808 , 1 $ 1 0713249 127 Taxable Appraised Value for Fiscal Year Ended September 30, 1993 1992 . % of % of Category Amount Total Amount Total Real, Residential, Single- Family $ 475,255,003 48.92% $ 426,931,083 49 56% Real, Residential, Multi- Family 72,958,283 7.51% 67,217,461 7.80% Real, Vacant Lots/Tracts 17,537,052 1.81% 20,607,390 2.39% Real, Acreage (Land Only) 27,486,354 2.83% 37,682,663 4 37% Real, Fenn and Ranch Improvements 2,243,465 0.23% 2,330,637 0.27% Real, Commercial 139,661,990 14.38% 166,388,077 19.31% Real and Tangible Personal, Utilities, Other 36,117,918 3.72% 27,482,205 3.19% Tangible Personal, Commercial/Industrial 191,877,802 19.75% 103,106,059 11.97% Tangible Personal, Other 38,964 0.00% 17,813 0.00% Real Property, Inventory 8,384,000 0 86% 9.712.727 1.13% Total Appraised Value Before Exemptions $ 971,560,831 100.00% $ 861,476,115 100.00% Less: Total Exemptions/Reductions 57,140,295 24,890,509 Plus: Arbitration Values 0 0 Taxable Assessed Value $ 914 420.53( $ 936.585 606 Note: The values shown in this table are calculated at the beginning of each tax year and are subject to appeal. Source: Williamson County Appraisal District and State Property Tax Board Reports 1991 -1996. TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY ■ . Funded Ratio Funded Fiscal Per Capita Debt Debt to Year Estimated Taxable Taxable Outstanding Per Capita Taxable Ended City Assessed Assessed at End of Funded Assessed 9-30 Population Valuation Valuation Year Debt Valuation 1991 32,213 $ 934,207,091 829,001 $41,038,200 $ 1,273.96 4.39% 1992 33,769 836,585,606 24,774 38,738,400 1,147.16 4.63% 1993 36,139 914,420,536° 25,303 40,961,100 1,133.43 4.48% 1994 39,460 1,078,249,127 27,325 38,261,000 969.61 3.55% 1995 41,650 1,404,239,617 33,715 43,069,000 1,034.07 3.07% 1996 43,500 1,961,541,803 45,093 51,872,000° 1,192.46° 2.64 %t` (1) Revaluation. (2) Valuation by Williamson County Appraisal District, as of 2/95. (3) Valuation by Williamson County Appraisal District, as of 7/96. (4) Includes the Bonds. Excludes the Refunded Bonds. Preliminary, subject to change. TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY Fiscal Year Distribution Ending Tax General Interest and % Current % Total 9 -30 Rate Fund Sinking Fund Tax Levy Collections Collections 1991 30.54910 30.22620 $ 0.32290 $ 5,135,656 97.62% 99.69% 1992 0.62480 0.27540 0.34940 5,399,266 98.35% 99.80% 1993 0.62459 0.28500 0.33959 5,709,316 97.06% 100.65% 1994 0.56924 0.24668 0.32256 6,137,825 99.83% 101.59% 1995 0.48896 107 0.27789 6,904,316 99.04% 100.15% 1996 0.42635 1.18161 ) 0.24474 7,295,242 97.98 %t 99.86%t (I) Through6 /95. Source: City of Round Rock. TABLE 5 - TEN LARGEST TAXPAYERS 1996 %of Total Taxable Taxable Assessed Assessed Name of Taxpayer Valuation Valuation Cypress Semiconductor $ 46,991,140 2.40% McNeil Consumer Products 28,901,641 1.47% DuPont Photo Mask Inc. 24,123,649 1.23% Tellabs Operations Inc. 22,270,631 1.15% AMP Packaging Systems 19,760,000 1.00% SYSCO Food Services 19,608,294 0.99% Dell Computer Holdings 19,586,153 0 98% Steeplechase Downs 19,584,938 0.98% Westinghouse Motor Co. 17,879,559 0.91% WalMart Stores Inc. 15 817 744 0.81% Total 3234,523,749 11.921 GENERAL OBLIGATION DEBT L MITanoN ... No general obligation debt (imitation is imposed on the City under current State law or the City's Home Rule Charter (see "Tax Rate Limitation "). ' 16 TAB - TAXADEQUACY 1996 Principal and Interest Requirements $ 3,497,409 $0.1819 Tax Rate at 98% Collection Produces $ 3,496,683 Average Annual Principal and Interest Requirements, 1996 -2021 $ 2,437,892 80.1268 Tax Rate at 98% Collection Produces $ 2,437,490 Maximum Principal and Interest Requirements, 2002 $ 4,380,245 $0.2279 Tax Rate at 98% Collection Produces $ 4,380,947 (1) Excludes self- supporting debt (see "Debt Information "). TA BLE - ESTIMATED OVERLAPPINCDEBT 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 the 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. Taxine Jurisdiction City of Round Rock Round Rock Independent School District Georgetown Independent School District Williamson County Travis County Total Direct/Overlapping Net Funded Debt 1995/96 Taxable 1995/96 Estimated Assessed Tax Total Funded Valuation Rate Net Debt Applicable $ 1,961,541,803 $ 0.42635 $ 37,413,448 (I) 100.00% 6,415,571,812 1.62088 200,486,167 28.68% 1,333,197,132 1.44000 24,174,937 '0.03% 8,219,898,515 0.33780 15,110,000 ' 19.50% 32,309,945,865 0.51860 197,954,014 0.46% City's Authorized Overlapping But Unissued Funded Net Debt Debt As of As of 8/1/96 8/1/96 $ 37,413,448 11 $ 1,585,000 57,499,433 18,435,000 7,252 0 2,946,450 0 910.588 127,432,000 $ 98,777,171 Ratio of Direct and Overlapping Net Funded Debt to Taxable Assessed Valuation 5.03 % Per Capita Overlapping Net Funded Debt 17 82,271 (1) Includes the Bonds. Excludes the Refunded Bonds and Self- Supporting debt. Preliminary, subject to change. Told Told Lno T. Outstanding Teo Len Tax- Self Supported %of Fiscal Supported Debt Service Reltded TNs314040»baae (1) Supported Supporting Net RtIndpal Year Prbdpd Inter. Told Debt Principal Inter. Trod Debt Service Debt Service (2 Ce31 Service Raked (1) 1996 3 3,437,000 5 2,414068 9 5,961,061 $ - 5 _ - 3 5,910,066 5 2,405,659 9 3,497,109 1997 3,717,000 1157,250 5,871,250 24175 707,522 707,522 6,561,598 ;279,902 1,311,696 1991 3,91 ;000 1,936.061 5,878,061 355,175 771,613 771,543 6,294,670 ;274,110 4,030,560 1999 4,10 1000 1,699,513 5,801,511 516,570 711,60 771,80 4054830 1,189,338 4.167,101 2000 6,0 ;000 1 ,099,10 4,931,111 150,000 7,0,60 921,71] 5,853,684 1,473,439 1,384245 3001 3,197,000 1,329,501 4524501 164000 764,713 931,718 5,451,319 1,460,726 3,994493 37.11% 2002 ;96 ;000 1,171,93 4,137,533 174000 754958 926,953 5,060,490 1,367,016 3,693,454 3061 3,068,000 1,021,278 1,069,271 145,000 745,50 951,513 5,032330 1,376,326 3,1614494 626 3301 3.104000 861,253 $97 ;;V 195.000 739.300 931,300 4.906,03 1,237,428 ],669,025 1005 3304000 698,568 3,706,563 2110,000 729,19 939,19 71 1,615,725 1.231,0 40401 7006 1,016.0:0 537.413 1555,413 200,030 716,133 918,111 ;173 437, 1 6'1.21% 1307 9 18,0 0 0 18 ;730 1,104730 60,000 70;49 76],433 ;168 ,10 2005 924000 43 ;155 1,35 5,255 0 ,000 704163 769,10 43 ,683, ;171,08 485,541 ;815,377 2009 695,000 351,400 1,074400 335,030 700,135 ;615,555 ;111,955 444756 1,625,199 2010 554000 313.635 07,615 355.000 611,613 1,036,628 ;934,263 46;915 1,173,245 200 300,000 309,805 609,605 665,030 661,215 1524115 1,936,000 460,575 1 ,075,415 7!065 2012 320,03 292105 61 ;105 704000 623515 1,32 ;313 1,934,418 459,365 1,475,063 2013 310300 27;415 61 ;415 735,030 531,013 1,316,013 1,928,438 457,065 1,471573 w 1014 360300 251,515 611,515 755,0» 537,280 157 7,350 1,933,795 459,150 1,474,645 3015 380,0» 229,375 609,375 530,000 490,180 1520,150 1,939555 455,313 1,174,312 2016 250,000 2 »,625 455,625 1,035,0» 439,965 1,474%5 1,930,590 153,675 1,0490 61564 1017 265,3» _ 190,0» 455,0» -- -- 1,0953» 377,341 " 1,472,345 1,927,345 455,000 1,471,348 7018 380,0» 173,438 45],4]6 1 31 1 , 47 6,1» 1,939,98 453,438 1,474110 2019 295,000 155,938 450,938 0,233,0» 240,015 1,475,615 1,915,973 454939 1,475,35 7009 314010 137,500 451310 1,314003 164,700 1,174,70 1.927,200 45 ;500 1,474,7» 2011 335,0» 117,513 45 2313 1,3940» 64,790 1,474,790 1,927,6» 41 ;513 1,04790 1 » »% 2022 355,000 96,175 451,375 - . 451,875 45;875 2021 775,000 74.638 719.655 - - 339,683 449,688 - 2011 410000 51,29 451,250 - 151,250 451,250 2025 420,000 26,250 446,130 - 446,250 446.250 $ 43,069,030 3 19,604,574 3 62,475,678 3 13300,000 5 14,70,472 $ 27,113,473 $ 59,595,427 1 16,210,240 5 63,345,137 (1) Calculated using 605% Net Inter. Rate. (2) The following issue debt service B considered self-suppoNng- (3) Net of prulcipd related la self-supporting debt. G.0 Bonds, Series 1979 •(372 %) Waterwarlo 145ewer System C.O. Bonds, 51',1,5 1 %1 -8 • (130 30 %) WMerwmks 45ewer System G O Refurding Bondy Serer 1957• (3457%) Waterworks 6: Sewer System C O Refunding Bondy Snits 1993 -(29 05%) Watetwar & Sew er System Combination Tm & Revenue C /0y Series 1995 - (77.36%) Golf Course TABLE 9 - INTEREST AND SINKING FUND BUDGET PROTECTION Estimated Net General Obligation Debt Service Requirements, Fiscal Year Ending 9 -30 -96 $ 3,497,409 Interest and Sinking Fund, 9 -30-95 $ 1,223,787 1995 Interest and Sinking Fund Tax Levy @ 95% Collection $3 3 S 1 b 0 ± Estimated Investment Income (Fiscal 1996) $ 150,000 Estimated Balance, 9 -30-96 $ 1 TABLE 10 - COMPUTATION OF SELF - SUPPORTING DEBT Net Revenue from the City's Water and Sewer System, Fiscal Year Ended 1995 $ 8,688,857 Less: Revenue Bond Debt Service Requirements, 1995 Fiscal Year $ 1,738,756 Balance Available for Other Purposes $ 6,950,101 Water and Sewer System General Obligation Debt Requirements, 1996 Fiscal Year $ 1,928,250 Balance $ 5,021,851 Percentage of Water and Sewer System General Obligation Debt Self- Supporting 100% TABLE 11 - AUTHORIZED BUT IIMSSUED GENERAL OBLIGATION BONDS Amount Date Amount Heretofore Unissued Puroose Authorized Authorized Issued , Balance North Fork Water and Sewer Project 9 -06 -80 $ 10,000,000 $ 8,415,000 $ 1,585,000 ANTICIPATED ISSUANCE OF GENEaer. OBLIGATION DEBT ... The City does not anticipate the issuance of additional general obligation debt within the next twelve months. ( GIBER OBUGATroNS... The City entered into a lease purchase agreement for equipment acquisition on December 14, 1994. The balance as of September 30, 1995 is $588.501. rr PEtvsrox 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 8 8). 19 FINANCIAL INFORMATION TABLE 12 - GENERAL FUND REVENUE AND EXPENDITURE HISTORY For Fiscal Year Ended September 30, evenues 1995 1994 1993 1992 1991 Taxes 511,803,926 $ 9,322,242 $ 7,910,542 $ 6,561,912 $ 5,720,473 Licenses and Permits 576,718 583,935 387,776 266,380 124,831 Charges for Service 951,760 765,287 629,454 501,081 436,006 Fines and Forfeitures 496,577 632,967 520,159 405,803 414,434 Miscellaneous 704.072 394,190 694,793 373,488 2.236.474 Total Revenues 514.553.053 511,698,621 510.142.724 $ 8,108,664 $8.932,214 Expenditures General Government Public Safety Public Works Culture and Recreation Total Expenditures Excess (Deficiency) of Revenues over Expenditures (1) Includes $1,933,333 in proceeds from a lawsuit settlement. (2) Includes lease purchase financing proceeds,for fiscal 1994. Source: City of Round Rock Finance Department. $ 3,444,821 $ 2,571,601 $ 2,118,627 $ 2,013,830 $ 1,886,910 5,875,885 4,641,358 4,411,114 3,538,469 3,206,284 2,133,271 1,871,751 1,919,195 1,587,165 1,532,079 2,132.717 1.798,141 1.611.799 1.352.009 1.319716 $13.586.674 $10,882.851 510,060,735 $ 8,491,473 $ 7,944,989 $ 946,379 $ 815,770 $ 81,989 $ (382,809) $ 987,225 Budgeted TransfersTn $ 1,250,017 $ 1,200,000 $ 1,139,000 $ 924,880 $ 845,988 Budgeted Transfers Out (1.800.700) (801,409) (431,200) (993,555) -0- Total Transfers $ (550,683) $ 398.591 $ 707,800 $ (68,675 $ 845,988 Net Increase (Decrease) $ 395,696 $ 1,214,361 $ 789,789 $ (451,484) $1,833,21 Other Miscellaneous Adjustments -0- -0- -0- -0- -0- Beginning Fund Balance 6.334,254 5.119.893 4.330,104 4.781.588 2.948,375 Ending Fund Balance $ 6 779 95Q $ 6.314 754 $_$.11,2123, $ 4 330.104 4 4 781 588 20 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 I% 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 Bonds. 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. Fiscal Year % of Equivalent of Ended Total Ad Valorem Ad Valorem Per 9 -30 Collected Tax Levv Tax Rate Caoitat 1985 $ 1,662,233 40.52% $ 0.1609 S 65.96 1986 1,707,427 40.98% 0.1683 63.66 1987 1,555,406 51.14% 0.1329 53.31 1988 2,096,186 41.62% 0.1729 69.06 1989 2,495,177 51.04% 0.2144 81.44 1990 2,815,981 54 83% 0.3014 91.06 1991 2,851,861 55.59% 0.3024 88.53 1992 3,231,220 59.85% 0.3862 95.69 1993 4,159,852 72.86% 0.4549 115.11 1994 5,069,127 82.5996 0.4701 128.46 1995 7,144,297 7.93 0.3642 164.24 (1) Based on estimated or U. S. Census population for all years. Fnurrcl.u,Poucn;s Basis of Accounting ...The City's accounting records of the governmental fund revenues and expenditures are recognized on the modified accrual basis. Revenues are recognized in the accounting period in which they are available and measurable. Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable, except for unmatured interest on general long -term debt. The accrual basis of accounting is utilized by proprietary funds. Under the accrual basis of accounting, revenues are recognized in the accounting period in which they are earned and become measurable. Expenses are recorded in the accounting period incurred, if measurable. General Fund Balance . . .The City policy is to maintain working capital resources at a minimum of three (3) months of the General Fund operating expenditure budget. This allows the City to avoid interim borrowing pending tax receipts and provides flexibility should actual revenues fall short of budget estimates. 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 years 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 August. The City Manager subsequently submits a budget of estimated expenditures and revenues to the City Council by August 1. The City Council then holds public hearings on the budget after giving at least seven days notice' of the hearing in the official newspaper of the City. The City Council shall then make any changes in the budget as it deems advisable and adopts a budget not later than the 27th day of the last month of the fiscal year. During the fiscal year, budgetary control is maintained by the review of departmental appropriation balances with purchase orders prior to their release to vendors. Departmental approp tion that have not been encumbered lapse at the end of the fiscal year. Therefore, funds that were budgeted and not used b ' e d: . : ents during the fiscal year are not available for their use unless appropriated by the City Council in the ensuing fisca • s budget INVESTMENTS The City of Round Rock invests its investable funds in investments authorized by Texas law in accordance with investment policies approved by the City Council of the City of Round Rock. Both state law and the City's investment policies are subject to change. 21 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 (I), and are placed through a primary govemment 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-tent 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 -I 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 $I 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 m 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 Aaa 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 pnncipal; (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) collaterlized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. INVasrMENr POLICIES ... Under Texas law, the City is required to invest its funds under written investment policies that primarily emphasize safety of pnhcipal 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: (I) 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. AnumONAL 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 offices; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the mveshnent of reverse 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 22 for debt service and further restrict the investment in non -money market mutual funds of any portion of bond prods, reserves and fimds 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 fiats 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 is currently invested in a portfolio of U.S. Treasury Securities, Federal Home Loan Bank Discount Notes, Federal Home Loan Mortgage Corporation Discount Notes, Federal National Mortgage Assn. Discount Notes and a government investment pool (Texpool) which complies with the above -notes legal investment criteria. Under City investment criteria, other securities or investment instruments may be added to the City's investment portfolio which are approved under state law as authorized investments for municipal governments and which are further approved by the City Attorney and the Director of Finance. The City's investment portfolio is generally representative of the City's investment practices although the City has in the past or may in the future also invest in other investments approved by the City Council which meet the above -noted legal criteria. State law does not require the City to periodically mark its investments to market price, but it is the City's practice to value its investments at least quarterly. Based upon the most recent valuation of its investments which occurred June 30, 1996, the City reports its investments totaling $32,503,768 in purchase cost had a market value of $32,580,552 or 100.24% of book value. 23 TAX MATTERS TAX EXEMPTION ... The delivery of the Bonds is subject to the opinion of Bond Counsel to the effect that interest on the Bonds 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 dectsions on which such opinion is based are subject to change. Interest on all tax-exempt obligations, including the Bonds, 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 and the environmental tax imposed by Section 59A 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 Bonds pertaining to the use, expenditure, and Investment of the proceeds of the Bonds and will assume continuing compliance by the City with the provisions of the Ordinance subsequent to the issuance of the Bonds. The Ordinance contains covenants by the City with respect to, among other matters, the use of the proceeds of the Bonds and the facilities financed therewith by persons other than state or local governmental units, the manner in which the proceeds of the Bonds are to be invested, and the reporting of certain information to the United States Treasury. Failure to comply with any of these covenants would cause interest on the Bonds to be includable in the gross income of the owners thereof from date of the issuance of the Bonds QUALIFIED TAX-EXEMPT OBLIGATIONS FOR FINANCIAL INsrmmoss ... Section 265 of the Code provides, in general, that interest expense to acquire or carry tax -exempt obligations is not deductible from the gross income of the owner of such obligations. In addition, section 265 of the Code completely disallows any deduction for interest expense which is incurred by "financial institutions" descnbed in such section and is allocable, as computed in such section, to tax -exempt interest on obligations acquired after August 7, 1986. Section 265(b) of the Code provides an exception to this rule for interest expense allocable to tax- exempt obligations (other than private activity bonds) which are designated by an issuer, such as the City, as "qualified tax- exempt obligations." An issuer may designate obligations as "qualified tax- exempt obligations" only if the amount of the issue of which they are a part, when added to the amount of all other tax -exempt obligations (other than private activity bonds) issued or reasonably anticipated to be issued by the issuer during the same calendar year, does not exceed $10,000,000. The City has designated the Bonds as "qualified tax -exempt obligations" and certified its expectation that the above -described 610,000,000 ceiling will not be exceeded. Accordingly, it is anticipated that financial institutions which purchase the Bonds will not be subject to the one - hundred percent (100 %) disallowance of interest expense allocable to interest on the Bonds under Section 265(b) of the Code. However, twenty percent (20 %) of the interest expense incurred by a financial institution which is allocable to the interest on the Bonds will not be deductible pursuant to section 291 of the Code. TAX ACCOUNTING TREATMENT OF DrsCOUNr AND PREntmM ON CERTAIN BONDS ... The initial public offering price of certain Bonds (the `Discount Bonds ") may be less than the amount payable on such Bonds at maturity. An amount equal to the difference between the initial public offering price of a Discount Bond (assuming that a substantial amount of the Discount Bonds 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 Bond. A portion of such onginal issue discount allocable to the holding period of such Discount Bond by the initial purchaser will, upon the disposition of such Discount Bond (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 Bonds 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 Bond, taking into account the semiannual compounding of accrued interest, at the yield to maturity on such Discount Bond 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 detemsinmg the alternative minimum taxable income of a corporation, for purposes of calculating a corporation's alternative minimum tax and the environmental tax imposed by Sections 55 and 59A, respectively, 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 24 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 Bond by the initial owner prior to maturity, the amount realized by such owner in excess of the basis of such Discount Bond in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Discount Bond was held) is includable in gross income. Owners of Discount Bonds should consult with their own tax advisors with respect to the determination of accrued original issue discount on Discount Bonds for federal income tax purposes and with respect to the state and local tax consequences of owning and disposing of Discount Bonds. It is possible that, under applicable provisions governing determination of state and local income taxes, accrued interest on Discount Bonds 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 Bonds (the "Premium Bonds ") may be greater than the amount payable on such Bonds at maturity. An amount equal to the difference between the initial public offering price of a Premium Bond (assuming that a substantial amount of the Premium Bonds 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 Bonds. The basis for federal income tax purposes of a Premium Bond in the hands of such initial purchaser must be reduced each year by the amort 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 Bond. 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 Bonds should consult with their own tax advisors with respect to the determination of amortizable bond premium on Premium Bonds for federal income tax purposes and with respect to the state and local tax consequences of owning and disposing of Premium Bonds. 25 OTHER INFORMATION RATINGS ... The presently outstanding, uninsured tax supported debt of the City is rated "A" by Moody's and "A" by S &P. The City also has eight issues outstanding which are rated "Aria" by Moody's and "AAA" by S &P through insurance by various commercial insurance companies. Applications 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 ratings 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 Bonds. LmcATION ... It is the opinion of the City Attorney and City Stall that there is no pending litigation against the City that / would have a material adverse financial impact upon the City or its operations. Ractsrnnnorr AND QUALIFICATION OF BONDS FOR SALE ... The sale of the Bonds has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(aX2); and the Bonds have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Bonds been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Bonds under the securities laws of any jurisdiction in which the Bonds may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Bonds shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions LEGAL INVESTMENTS AND ELIGmnLFY TO SECURE Puauc FUNDS IN TEXAS ... Section 9 of the Bond Procedures Act provides that the Bonds "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 Bonds 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., Govenunent Code, Chapter 2256), the Bonds 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 Bonds are legal investments for various institutions in those states. LEGAL OPINIONS AND NO-LITIGATION CERTIFICATE ... The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Bonds, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bond and to the effect that the Bonds are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Bonds 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 Bonds, or which would affect the provision made for their payment or security, or in any manner questioning the validity of said Bonds will also be furnished. Bond Counsel was not requested to participate, and did not take part, in the preparation of the Notice of Sale and Bidding Instructions, the Official Bid Form and the Official Statement, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has•reviewed the information describing the Bonds in the Official Statement to verify that such description conforms to the provisions of the Ordinance. The legal fee to be paid Bond Counsel for services rendered in connection with the issuance of the Bonds is contingent on the sale and delivery of the Bonds. The legal opinion will accompany the Bonds deposited with DTC or will be printed on the Bonds in the event of the discontinuance of the Book - Entry-Only System. AurriaN icrry 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. CorenNui vGDISCLOSURE of INFORMATION .. In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the Bonds. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Bonds Under the agreement, the City will be obligated to provide certain updated 26 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 I through 14 and in Appendix B. The City will update and provide this information within six months after the end of each fiscal year ending in or after 1996. 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 -I2. 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 audited financial statements when and if the audit report 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 end is September 30, 1996. 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 the SID of the change. 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. 0. Box 2177, Austin, Texas 78768- 2177, and its telephone number is 512/476 -6947. Iva natw.EvErrrNorscEs ... 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 Bonds, if such event is material to a decision to purchase or sell Bonds: (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 Bonds; modifications to rights of holders of the Bonds; (8) Bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, and (11) rating changes. (Neither the Bonds nor the Ordinance make any provision for debt service reserves, credit enhancement, liquidity enhancement, or early redemption.) 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 the SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "). Avnw&nuzry OF INFORMATION FROM NRMSIRs AND SID ... The City has agreed to provide the foregoing information only to NRMSIRs and the SID. The information will be available to holders of Bonds 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. LIMrrAnoNS 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 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 Bonds 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 Bonds may seek a wnt 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 Bonds 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 Bonds 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 Bonds. 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. 27 , COMPLIANCE Wrrx PRIOR UNDERTAKINGS ... The City has not previously made a continuing disclosure agreement in accordance with SEC Rule 15c2 -12. Concurrently with the issuance of the Bonds, the City is issuing its $4,300,000 Waterworks and Sewer System Revenue Bonds, Series 1996 and has agreed to make continuing disclosure in accordance with SEC Rule 15c2 -12 in connection with such issue. FINANCIAL ADVISOR . First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance and delivery of the Bonds. First Southwest Company, in its capacity as Financial Advisor, has relied on the opinion of Bond Coue wl 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 Bonds, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies. VERIPYCATION OF ARITIIMETICAL AND MATHEmATICAL COMP rrATIDNS .. .The arithmetical accuracy of certain computations included in the schedules provided by First Southwest Company on behalf of the City relating to (a) computation of forecasted receipts of principal and interest on the Federal Securities and the forecasted payments of principal and interest to redeem the Refunded Bonds and (b) computation of the yields of the Refunded Bonds and the restricted Federal Securities were verified by , certified public accountants. Such computations were based solely on assumptions and information supplied by First Southwest Company on behalf of the City. has restricted its procedures to verifying the mathematical accuracy of certain computations and has not made any study or evaluation of the assumptions and information on which the computations are based and, accordingly, has not expressed an opinion on the data used, the reasonableness of the assumptions, or the achievability of the forecasted outcome. UNDERWRITING ...The Underwriters have agreed, subject to certain conditions, to purchase the Bonds from the City, at an underwriting discount of $ . The Underwriters will be obligated to purchase all of the Bonds if any Bonds are purchased. The Bonds to be offered to the public may be offered and sold to certain dealers (including the Underwriters and other dealers depositing Bonds into investment trusts) at prices lower than the public offering prices of such Bonds, and such public offering prices may be changed, from time to time, by the Underwriters. MISCELLANEOUS .. .The financial data and other information contained herein have been obtained from the City's records, audited financial statements and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein will be realized. All of the summaries of the statutes, documents and resolutions contained in this Official Statement are made subject to all of the provisions of such statutes, documents and resolutions. These summaries do not purport to be complete statements of such provisions and reference is made to such documents for further information. Reference is made to the original documents in all respects. The Ordinance authorizing the issuance of the Bonds 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 Bonds by the Purchaser. ATTEST: JOANNE LAND City Secretary 28 CHARLES CULPEPPER Mayor City of Round Rock, Texas Labor Market Profile Financial Institutions The City has access Utilities Education Facilities Austin Metropolitan Statistical Area Total Civilian Labor Force 628,387 602,642 Total Employment 610,079 586,669 Total Unemployment 18,308 15,973 Percent Unemployment 2.9% 2.7% Total Civilian Labor Force Total Employment Total Unemployment Percent Unemployment State of Texas 9,640,428 9,482,200 9,099,882 8,942,900 540,546 539,300 5.6% 5.7% City Government and Community Services The City is governed by a Council/Manager forth of government with a Mayor an ix co " ilmembers. The City has 1,026 acres of parks, which include eleven tennis courts, 22 baseball fields, 5 soccer tier ing pool and other facilities that are available to the community. A public, daily fee golf course is available fo •- . The Round Rock Leader, a weekly newspaper, an Austin daily newspaper, and a public library with 83,000 volumes are just a few of the many community services offered to the citizens of the City. The Round Rock Hospital was completed in 1983 and is located on a 24 -acre site near Brushy Creek between the City and U.S. Highway 183. The medical staff is currently comprised of approximately 100 active staff physicians with 65 of these physicians having offices located in Round Rock. The Hospital's total medical staff totals more than 250 active and courtesy staff physicians. The Creekside Minor Emergency Center, Located in the City, has 5 doctors on call 24 hours a day. First Care Medical Clinic, a minor emergency and family practice clinic, is staffed by four primary care physicians. Other hospital services are easily accessible in nearby Austin and Georgetown. ' d one major savings and loan association. The City is served by Southwestem Bell Telephone Company, Texas Utilities Electric Company and Lone Star Gas Company. Water and sewer facilities are furnished by the City. Transportation The City is easily accessible from the Austin Municipal Airport and Executive Airpark, a pnvate airport located near the City. Austin - Bergstrom International Airport is scheduled to be operational in 1998. Two major railroads, two motor freight lines and a bus line serve the City. The City is located entirely within one of the fastest growing school districts in the State, the Round Rock Independent School District The District is comprised of 110 square miles with a current 1996 Net Taxable Assessed Valuation of $6,415,571,812. The City is within 90 miles of six of the major universities in the State, including the University of Texas at Austin, just 15 miles away. Southwestern University is Located eight miles north in the City of Georgetown. Recreation Lake Travis, together with a number of other major lakes and parks, is in the vicinity to add recreational dimension to the area. The hunting of deer, quail and mourning doves can also be enjoyed throughout this area. Each year, the weekend after the Fourth of July, Round Rock holds Frontier Days, a 20 year tradition which attracts many people The streets are lined with entertainment, arts, crafts, food booths; and many events are scheduled all over town. The event has become an annual affair and draws crowds of several thousand. Also, since 1980 the Chamber of Commerce has sponsored a Merchants Fair with over 60 booths, giving information about Round Rock businesses and services 32 APPENDIX B EXCERPTS FROM THE CITY OF ROUND ROCK, TEXAS ANNUAL FINANCIAL REPORT For the Year Ended September 30, 1995 The information contained in this Appendix consists of excerpts from the City of Round Rock, 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. APPENDIX C FORM OF BOND COUNSEL'S OPINION DATE: August 6, 1996 SUBJECT: City Council Meeting, August 8, 1996 ITEM: 10. C. Consider a resolution Approving Preliminary Official Statement and Authorizing Distribution of such Preliminary Official Statement relating to the City's General Obligation and Refunding Bonds, Series, 1996. STAFF RESOURCE PERSON: David Kautz In preparation for the issuance of $12,000,000 in General Obligation Bonds, Series 1996 and approximately $1,030,000 in Refunding Bonds, the Council is asked to approve the Preliminary Official Statement. The official statement is the offering document describing the bond issue and provides pertinent financial data about the City.