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HomeMy WebLinkAboutItem 08 - Certificates of ObligationMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: DECEMBER 6, 2022 SUBJECT: ORDINANCE PROVIDING ISSUANCE AND SALE OF CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022 RECOMMENDATION: City Council to consider an ordinance providing for the issuance and sale of City of Grapevine, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022 in a principal amount not to exceed $14,500,000; awarding the sale thereof; levying a tax in payment thereof; authorizing the execution and delivery of a paying agent/registrar agreement; approving the official statement; approving a bond counsel engagement letter; and enacting other provisions relating thereto. FUNDING SOURCE: Upon approval of the ordinance and sale, bond funds will be available in Capital Projects funds. BACKGROUND: This action will authorize the issuance of not to exceed $14,500,000 total principal amount of Certificates of Obligation for the purposes of: (a) Designing, developing, constructing, improving, extending and expanding streets, thoroughfares, sidewalks and bridges of the City, including streetscaping, streetlighting, right-of-way protections, utility relocation, and related storm drainage improvements; and acquiring rights -of -way in connection therewith; (b) Acquiring, improving and equipping land for parks and recreation purpose in the City, including Settlers Park; (c) Acquiring vehicles and equipment for police, fire, emergency services, public works, utilities and park and recreation purposes; (d) Professional services incurred with items `a' through `c' and paying the costs incurred in connection with the issuance of the certificates Staff recommends approval. SJ/gj T HTSContinuingDisdosureServicesJ�* PRELIMINARY OFFICIAL STATEMENT Ratings: Moody s. "Aal " „ „ -(See "Con nungl7solosu eoflnfomadon"herein) Dated November 22 2022 S&P: AA+ (See "OTHER INFORMATION - a NEW ISSUE - Book -Entry -Only " Ratin herein ° o g ) In the opinion of Bond Counsel, under existing law, interest on the Certificates is (i) excludable from gross income for federal 21.1 income tax purposes under section 103 of the Internal Revenue Code of 1986, as amended, and (ii) not an item of tax preference for o ° purposes of the alternative minimum tax on individuals. See "TAX MATTERS" herein, including information regarding potential o alternative minimum tax consequences for corporations. a THE CERTIFICATES WILL NOT BE DESIGNATED AS "OUALIFIED TAX-EXEMPT OBLIGATIONS" FOR FINANCIAL INSTITUTIONS T VIhE. $13,720,000* 4 , ' , s CITY OF GRAPEVINE, TEXAS o (Tarrant, Denton and Dallas Counties) COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022 o p � o Dated Date: December 1, 2022 Due: February 15, as shown on page 2 o o .y Interest accrues from the Delivery Date (defined herein) o o .r PAYMENT TERMS ... Interest on the $13,720,000* City of Grapevine, Texas, Combination Tax and Revenue Certificates of Obligation, •2 Series 2022 (the "Certificates") will accrue from the date of initial delivery to the initial purchaser of the Certificates (the "Delivery Date", anticipated to be on or about December 21, 2022), and will be payable February 15 and August 15 of each year commencing T.� T oAugust 15, 2023, until maturity or prior redemption, and will be calculated on the basis of a 360-day year consisting of twelve 30-day w y ° months. The definitive Certificates will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Uo Company New York, New York ("DTC") pursuant to the Book -Entry -Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof within a maturity. No physical delivery of the 8 Certificates will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC r for subsequent payment to the beneficial owners of the Certificates (see "THE CERTIFICATES - Book -Entry -Only System" herein). ti The initial Paying Agent/Registrar is The Bank of New York Mellon Trust Company, NA, Dallas Texas (see "THE CERTIFICATES - .N Paying Agent/Registrar"). o o o 4 AUTHORITY FOR ISSUANCE ... The Certificates are issued pursuant to the Constitution and general laws of the State of Texas (the o E '� "State"), particularly Subchapter C of Chapter 271, Texas Local Government Code, as amended, and constitute direct obligations of the City of Grapevine, Texas (the "City"), payable from a combination of (i) the levy and collection of a direct and continuing ad valorem ° L11tax levied, within the limits prescribed by law, on all taxable property within the City, and (ii) a pledge of the Surplus Revenues of the City's Waterworks and Sewer System (the "System") in an amount not to exceed $1,000 as provided in the ordinance authorizing the I Certificates (the " Ordinance") (see "THE CERTIFICATES - Authority for Issuance"). a b PURPOSE ... Proceeds from the sale of the Certificates will be used for paying all or a portion of the City's contractual obligations incurred in connection with (i) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, asidewalks and bridges of the City, including streetscaping, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights -of -way in connection therewith; (ii) acquiring, improving and equipping land for parks and y recreation purpose in the City, including Settlers Park; (iii) acquiring vehicles and equipment for police, fire, emergency services, public o v a works, utilities and park and recreation purposes, and (iv) professional services incurred in connection with items (i) through (iii), and to pay the costs incurred in connection with the issuance of the Certificates. E 3 o "o CUSIP PREFIX: 388625 y o MATURITY SCHEDULE & 9 DIGIT CUSIP b � .� See Schedule on Page 2 w° v o LEGALITY ... The Certificates are offered for delivery when, as and if issued and received by the Initial Purchaser and subject to the r u approving opinion of the Attorney General of Texas and the opinion of Bracewell LLP, Bond Counsel, Dallas, Texas, (see Appendix C, w "Form of Bond Counsel's Opinion"). O c DELIVERY ... It is expected that the Certificates will be available for delivery through the facilities of DTC on December 21, 2022. o a E b BIDS DUE TUESDAY, DECEMBER 6, 2022 AT 10:30 AM, CST * Preliminary, subject to change. MATURITY SCHEDULE* (2-15) CUSIP Amount Maturity Rate Yield Suffix�l� $ 825,000 2024 750,000 2025 790,000 2026 835,000 2027 880,000 2028 800,000 2029 840,000 2030 880,000 2031 925,000 2032 975,000 2033 (2-15) Amount Maturity $ 875,000 2034 920,000 2035 425,000 2036 445,000 2037 465,000 2038 485,000 2039 510,000 2040 535,000 2041 560,000 2042 (Interest to accrue from the Delivery Date) CUSIP Prefix: 388625 (1) CUSIP Rate Yield Suffix (1) (1) CUSIP® is a registered trademark of the American Bankers Association. CUSIP Global Services ("CGS") is managed on behalf of the American Bankers Association by FactSet Research Systems Inc. Copyright(c) 2022 CUSIP Global Services. All rights reserved. CUSIP® data herein is provided by CUSIP Global Services. This data is not intended to create a database and does not serve in any way as a substitute for the CGS database. OPTIONAL REDEMPTION ... The City reserves the right, at its option, to redeem Certificates having stated maturities on or after February 15, 2033, in whole or in part, in principal amounts of $5,000, or any integral multiple thereof, on August 15, 2032, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "THE CERTIFICATES — Optional Redemption"). 2 * Preliminarv_ suhiect to change. For purposes of compliance with Rule I5c2-12 of the United States Securities and Exchange Commission (the 'Rule'), this document, as the same may be supplemented or corrected from time to time, constitutes an official statement of the City with respect to the Certificates described herein that has been 'deemed final" by the City as of its date (or the date of any supplement or correction), except for the omission of no more than the information permitted by the Rule. This Official Statement, which includes the cover pages and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation, or sale. No dealer, broker, salesperson, or other person has been authorized to give information or to make any representation other than those contained in this Official Statement, and, ifgiven 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 representation, 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. Any information and expressions of opinion herein contained are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described herein since the date hereof. See "OTHER INFORMATION - Continuing Disclosure of Information" for a description of the City's undertaking to provide certain information on a continuing basis. Neither the City nor its Financial Advisor make any representation as to the accuracy, completeness, or adequacy of the information supplied by The Depository Trust Company for use in this Official Statement. The cover page contains certain information for general reference only and is not intended as a summary of the respective offering. Investors should read the entire Official Statement, including all schedules and appendices hereto, to obtain information essential to making an informed investment decision. The agreements of the City and others related to the Certificates are contained solely in the contracts described herein. Neither this Official Statement nor any other statement made in connection with the offer or sale of the Certificates is to be construed as constituting an agreement with the purchaser of the Certificates. INVESTORS SHOULD READ THE ENTIRE OFFICIAL STATEMENT, INCLUDING ALL SCHEDULES AND APPENDICES ATTACHED HERETO, TO OBTAIN INFORMATION ESSENTIAL TO MAKING AN INFORMED INVESTMENT DECISION. This Official Statement contains 'Forward -Looking" statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended. Such statements may involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, and achievements to be different from future results, performance, and achievements expressed or implied by such forward -looking statements. Investors are cautioned that the actual results could differ materially from those set forth in the forward -looking statements. The Certificates are exempt from registration with the Securities and Exchange Commission and consequently have not been registered therewith. The registration, qualification, or exemption of the Certificates in accordance with applicable securities law provisions of the jurisdiction in which the Certificates have been registered, qualified or exempted should not be regarded as a recommendation thereof. TABLE OF CONTENTS PRELIMINARY OFFICIAL STATEMENT SUMMARY ..............4 FINANCIAL INFORMATION ........................................................ 31 TABLE 13 — CHANGES IN NET POSITION .................................... 31 CITY OFFICIALS, STAFF AND CONSULTANTS ........................6 TABLE 13A -GENERAL FUND REVENUES AND ELECTED OFFICIALS...................................................................6 EXPENDITURE HISTORY ................................................ 32 SELECTED ADMINISTRATIVE STAFF ............................................ 6 TABLE 14 - MUNICIPAL SALES TAX HISTORY ........................... 32 CONSULTANTS AND ADVISORS...................................................6 INTRODUCTION...............................................................................7 PLANOF FINANCING.....................................................................8 THE CERTIFICATES.......................................................................8 TAX INCREMENT REINVESTMENT ZONES ............................14 TAX INFORMATION......................................................................15 TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT........................................................20 TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY...................................................................21 TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY..............................................................22 TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY ..........22 TABLE 5 - TEN LARGEST TAXPAYERS ....................................... 22 TABLE 6 - TAX ADEQUACY....................................................... 23 TABLE 7 - ESTIMATED OVERLAPPING DEBT..............................23 DEBT INFORMATION...................................................................24 TABLE 8 — GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS............................................................24 TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION..................................................................25 TABLE 10 - COMPUTATION OF SELF-SUPPORTING DEBT............ 25 TABLE I I - AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS......................................................25 TABLE 12 - OTHER OBLIGATIONS ............................................. 25 INVESTMENTS...............................................................................34 TABLE 15 - CURRENT INVESTMENTS ......................................... 35 TAX MATTERS...............................................................................36 TAX EXEMPTION...................................................................... 36 ADDITIONAL FEDERAL INCOME TAX CONSIDERATIONS............ 36 CONTINUING DISCLOSURE OF INFORMATION ...................38 OTHER INFORMATION................................................................39 RATING....................................................................................39 LITIGATION.............................................................................. 39 REGISTRATION AND QUALIFICATION OF CERTIFICATES FORSALE...................................................................... 39 LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS ............................................... 39 LEGALMATTERS......................................................................40 AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION...............................................................40 FINANCIAL ADVISOR................................................................40 INITIAL PURCHASER FOR THE CERTIFICATES ............................40 FORWARD -LOOKING STATEMENTS DISCLAIMER ...................... 41 CERTIFICATION OF THE OFFICIAL STATEMENT .......................... 41 APPENDICES GENERAL INFORMATION REGARDING THE CITY ....................... A ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021........................................................ B FORM OF BOND COUNSEL'S OPINION ....................................... C The cover pages hereof, this page, the appendices included herein and any addenda, supplement, or amendment hereto, are part of the Official Statement. PRELIMINARY OFFICIAL STATEMENT SUMMARY This summary is subject in all respects to the more complete information and definitions contained or incorporated in this Preliminary Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Preliminary Official Statement. No person is authorized to detach this summary from this Preliminary Official Statement or to otherwise use it without the entire Preliminary Official Statement. THE CITY ..................................... The City of Grapevine, Texas (the "City") is a political subdivision and municipal corporation of the State, located primarily in Tarrant County, Texas, and small portions of the City extend into Dallas and Denton Counties. The City covers approximately 35.8 square miles (see "INTRODUCTION - Description of City"). THE CERTIFICATES ..................... The Certificates are issued as $13,720,000* Combination Tax and Revenue Certificates of Obligation, Series 2022 (the "Certificates"). The Certificates are issued as serial certificates maturing February 15 in each of the years 2024 through 2042, inclusive, unless the Initial Purchaser designates one or more consecutive serial maturities as Term Certificates (see "THE CERTIFICATES - Description of the Certificates"). PAYMENT OF INTEREST ............... Interest on the Certificates accrues from the Delivery Date (anticipated to be December 21, 2022), and is payable August 15 and February 15 of each year, commencing August 15, 2023, until maturity or prior redemption (see "THE CERTIFICATES - Description of the Certificates"). AUTHORITY FOR ISSUANCE ......... The Certificates are issued pursuant to the Constitution and general laws of the State, including particularly Subchapter C of Chapter 271, Texas Local Government Code, as amended, and an ordinance (the "Ordinance") to be adopted by the City Council (see "THE CERTIFICATES - Authority for Issuance of the Certificates"). SECURITY FOR THE CERTIFICATES ............................. The Certificates constitute direct obligations of the City, payable from a combination of (i) the levy and collection of an annual ad valorem tax levied, within the limits prescribed by law, on all taxable property within the City, and (ii) a pledge of the Surplus Revenues of the City's Waterworks and Sewer System (the "System") in an amount not to exceed $1,000 as provided in the Ordinance (see "THE CERTIFICATES - Security and Source of Payment"). OPTIONAL REDEMPTION ............... The City reserves the right, at its option, to redeem Certificates having stated maturities on or after February 15, 2033, in whole or in part, in principal amounts of $5,000, or any integral multiple thereof, on August 15, 2032, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "THE CERTIFICATES — Optional Redemption "). TAX STATUS ................................... In the opinion of Bond Counsel, under existing law, interest on the Certificates is (i) excludable from gross income for federal income tax purposes under section 103 of the Internal Revenue Code of 1986, as amended, and (ii) not an item of tax preference for purposes of the alternative minimum tax on individuals. See "TAX MATTERS" herein including information regarding potential alternative minimum tax consequences for corporations. QUALIFIED TAX-EXEMPT CERTIFICATES .............................. The City will NOT designate the Certificates as "Qualified Tax -Exempt Obligations" for financial institutions. USE OF PROCEEDS ....................... Proceeds from the sale of the Certificates will be used for paying all or a portion of the City's contractual obligations incurred in connection with (i) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks and bridges of the City, including streetscaping, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights -of -way in connection therewith; (ii) acquiring, improving and equipping land for parks and recreation purpose in the City, including Settlers Park; (iii) acquiring vehicles and equipment for police, fire, emergency services, public works, utilities and park and recreation purposes, and (iv) professional services incurred in connection with items (i) through (iii), and to pay the costs incurred in connection with the issuance of the Certificates. * Preliminarv, subject to change. RATINGS ...................................... The Certificates and presently outstanding tax supported debt of the City are rated "Aal" by Moody's Investors Service, Inc. ("Moody's") and "AA+" by Standard & Poor's Ratings Services, a Standard & Poor's Financial Services LLC business ("S&P") (see "OTHER INFORMATION - Ratings"). Boox-ENTRY-ONLY SYSTEM...... The definitive Certificates will be initially registered and delivered only to Cede & Co., the nominee of DTC pursuant to the Book -Entry -Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof within a maturity. No physical delivery of the Certificates will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates (see "The Certificates - Book -Entry -Only System"). PAYMENT RECORD ...................... The City has not defaulted on its tax -supported debt since 1932 when all defaults were corrected without refunding. SELECTED FINANCIAL INFORMATION Per Ratio Funded Fiscal Per Capita Capita Tax Debt to Year Estimated Taxable Taxable Funded Funded Taxable % of Ending City Assessed Assessed Tax Tax Assessed Total Tax 9/30 Population Valuation (2) Valuation Debt Debt Valuation Collections 2019 55,2810) $ 9,006,397,000 $ 162,920 $ 160,052,553 $ 2,895 1.78% 99.54% 2020 50,756(1) 9,778,084,000 192,649 147,520,000 2,906 1.51% 99.05% 2021 50,872(1) 10,226,552,000 201,025 149,285,000 2,935 1.46% 99.30% 2022 53,979(2) 10,900,233,906 201,935 137,870,000 2,554 1.26% 99.43% (4) 2023 53,985 (2) 11,241,146,174 208,227 140,945,000 (3) 2,611 1.25% N/A (1) Source: The City of Grapevine. (2) Source: Tarrant, Dallas and Denton Appraisal Districts. (3) Projected, includes the Certificates and Self -Supporting Debt. Preliminary, subject to change. (4) Preliminary information provided by City staff. For additional information regarding the City, please contact: Greg Jordan Chief Financial Officer City of Grapevine 200 South Main Grapevine, Texas 76051 (817) 410-3110 Nick Bulaich Hilltop Securities Inc. 777 Main Street, Suite 1525 Fort Worth, Texas 76102 (817)332-9710 61 CITY OFFICIALS, STAFF AND CONSULTANTS ELECTED OFFICIALS Length of Term City Council Service Expires Occupation William D. Tate 34 Years (1) May, 2024 Attorney -at -Law Mayor Paul Slechta 7 Years May, 2024 Business Owner Councilmember, Place 1 Sharron Rogers 37 Years May, 2024 Retired Sales Representative Councilmember, Place 2 Leon Leal 3 Years May, 2025 Commercial General Contracting Owner Councilmember, Place 3 Darlene Freed 24 Years May, 2025 Commercial Real Estate Agent Mayor Pro Term, Place 4 Chris Coy 15 Years May, 2023 District Sales Manager Councilmember, Place 5 DuffO'Dell 8 Years May, 2023 Independent Travel Consultant Councilmember, Place 6 (1) Elected to City Council in 1972 and was elected Mayor in 1973, serving as Mayor until 1985. Re-elected Mayor in 1988 and has served as Mayor continuously since. SELECTED ADMINISTRATIVE STAFF Length of Name Position Service Bruno Rumbelow City Manager 24 Years Greg Jordan Chief Financial Officer 7 Years Tara Brooks City Secretary 10 Years CONSULTANTS AND ADVISORS Auditors................................................................................................................................................... Patillo, Brown & Hill, LLP Fort Worth, Texas BondCounsel............................................................................................................................................................. Bracewell LLP Dallas, Texas FinancialAdvisor..............................................................................................................................................Hilltop Securities Inc. Fort Worth, Texas PRELIMINARY OFFICIAL STATEMENT RELATING TO $13,720,000* CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022 INTRODUCTION This Preliminary Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of the $13,720,000* City of Grapevine, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022 (the "Certificates") being offered herein. Capitalized terms used in this Official Statement have the same meanings assigned to such terms in the ordinance to be adopted on the date of sale of the Certificates (the "Ordinance") which will authorize the issuance of the Certificates. except as otherwise indicated herein. There follows in this Preliminary Official Statement descriptions of the Certificates and certain information regarding the City of Grapevine, Texas (the "City") and its finances. All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such document. Copies of such documents may be obtained from the City's Financial Advisor, Hilltop Securities, Inc. ("Hilltop Securities"), Fort Worth, Texas. All financial and other information presented in this Preliminary Official Statement has been provided by the City from its records, except for information expressly attributed to other sources. The presentation of information, including tables of receipts from taxes and other sources, is intended to show recent historic information, and is not intended to indicate future or continuing trends in the financial position or other affairs of the City. No representation is made that past experience, as is shown by that financial and other information, will necessarily continue or be repeated in the future (see "OTHER INFORMATION — Forward - Looking Statements Disclaimer"). DESCRIPTION OF THE CITY ... The City is a political subdivision and municipal corporation of the State of Texas (the "State"), duly organized and existing under the laws of the State, including the City's Home Rule Charter. The City first adopted its Home Rule Charter in 1965. The City operates under the Council/Manager form of government with a City Council comprised of the Mayor and six Council members, who are all elected at -large for staggered three-year terns. 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, culture -recreation, public transportation, public improvements, planning and zoning, and general administrative services. The 2020 Census population for the City was 50,756, and the 2023 estimated population is 53,985. The City covers approximately 35.8 square miles. INFECTIous DISEASE OUTBREAK — COVID-19 ... In March 2020, the World Health Organization and the President of the United States separately declared the outbreak of a respiratory disease caused by a novel coronavirus ("COVID-19") to be a public health emergency. On March 13, 2020, the Governor of Texas (the "Governor") declared a state of disaster for all counties in the State because of the effects of COVID-19. Pursuant to Chapter 418 of the Texas Government Code, the Governor has broad authority to respond to disasters, including taking action to suspend any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster, and issuing executive orders that have the force and effect of law. The Governor has since issued several executive orders relating to COVID- 19 preparedness, mitigation and reopening Texas businesses. In response to a rise in COVID-19 infections in the State and pursuant to Chapter 418 of the Texas Government Code, the Governor issued a number of executive orders intended to help limit the spread of COVID-19 and mitigate injury and the loss of life, including limitations imposed on business operations, social gatherings and other activities. Under executive orders in effect as of the date of this Official Statement, there are no State -imposed COVID-19 related operating limits for any business or other establishment in the State and no State -imposed requirement to wear a face covering. The Governor retains the right to impose future restrictions on activities if needed in order to mitigate the effects of COVID-19. Additional information regarding executive orders issued by the Governor is accessible on the website of the Governor at https:Hgov.texas.gov/. Neither the information on, nor accessed through, such website of the Governor is incorporated by reference, either expressly or by implication, into this Official Statement. The Pandemic has negatively affected travel, commerce, and financial markets globally, and is widely expected to continue to negatively affect economic output worldwide and within the City. These negative impacts may reduce or otherwise negatively affect future property values and/or the collection of ad valorem tax revenues within the City. See "AD VALOREM PROPERTY TAXATION". The Certificates are secured by an ad valorem tax (within the limits prescribed by law), and a reduction in property values may require an increase in the ad valorem tax rate required to pay the Obligations as well as the City's operations and maintenance expenses. See "AD VALOREM PROPERTY TAXATION — Public Hearing and Maintenance and Operations Tax Rate Limitations" and "- Debt Tax Rate Limitations." Actions taken to slow the Pandemic are expected to continue to reduce economic activity within the City on which the City collects taxes, charges, and fees. A reduction in the collection of taxes and other fees and charges may negatively impact the City's operating budget and overall financial condition. The City continues to monitor the spread of COVID-19 and is working with local, State, and national agencies to address the potential impact of the Pandemic upon the City. While the potential impact of the Pandemic on the City cannot be quantified at this time, the continued outbreak of COVID-19 could have an adverse effect on the City's operations and financial condition, and the effect could be material. * Preliminary, subject to change PLAN OF FINANCING PURPOSE ... Proceeds from the sale of the Certificates will be used for paying all or a portion of the City's contractual obligations incurred in connection with (i) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks and bridges of the City, including streetscaping, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights -of -way in connection therewith; (ii) acquiring, improving and equipping land for parks and recreation purpose in the City, including Settlers Park; (iii) acquiring vehicles and equipment for police, fire, emergency services, public works, utilities and park and recreation purposes, and (iv) professional services incurred in connection with items (i) through (iii), and to pay the costs incurred in connection with the issuance of the Certificates. SOURCES AND USES OF CERTIFICATE PROCEEDS ... The proceeds from the sale of the Certificates are expected to be expended as follows: Sources: Principal Amount $ Net Premium - Total Sources of Funds $ - Uses: Deposit to Construction Fund $ - Costs of Issuance - Total Uses of Funds $ - THE CERTIFICATES DESCRIPTION OF THE CERTIFICATES ... The Certificates are dated December 1, 2022 (the "Dated Date") and mature on February 15 in each of the years and in the amounts shown on page 2 hereof Interest will accrue from the date of initial delivery (the "Delivery Date", anticipated to be December 21, 2022), 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 of each year commencing August 15, 2023, until maturity or prior redemption. The definitive Certificates will be issued only in fully registered form in any integral multiple of $5,000 for any one maturity and will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book -Entry -Only System described herein. No physical delivery of the Certificates will be made to the beneficial owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates (see "THE CERTIFICATES - Book -Entry -Only System"). AUTHORITY FOR ISSUANCE OF THE CERTIFICATES ... The Certificates are being issued pursuant to the Constitution and general laws of the State, particularly Subchapter C of Chapter 271, Texas Local Government Code, as amended, and the ordinance to be adopted by the City Council of the City (the "Ordinance"). SECURITY AND SOURCE OF PAYMENT OF THE CERTIFICATES ... The principal of and interest on the Certificates is payable from (i) a continuing direct annual ad valorem tax levied by the City against all taxable property in the City, within limits prescribed by law, and (i) a pledge of the Surplus Revenues of the City's Waterworks and Sewer System (the "System") in an amount not to exceed $1,000, as provided in the Ordinance. TAx RATE LIMITATION ... All taxable property within the City is subject to the assessment, levy and collection by the City of a continuing, direct annual ad valorem tax sufficient to provide for the payment of principal of and interest on all ad valorem tax debt within the limits prescribed by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum ad valorem tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. The Home Rule Charter of the City adopts the constitutionally authorized maximum tax rate of $2.50 per $100 Taxable Assessed Valuation. OPTIONAL REDEMPTION OF THE CERTIFICATES ... The City reserves the right, at its option, to redeem Certificates having stated maturities on or after February 15, 2033, in whole or in part, in principal amounts of $5,000, or any integral multiple thereof, on August 15, 2032, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If less than all of the Certificates are to be redeemed, the City may select the maturities of such Certificates to be redeemed. If less than all the Certificates of any maturity are to be redeemed, the Paying Agent/Registrar (or DTC while the Certificates are in Book -Entry - Only form) shall determine by lot the Certificate, or portions thereof, within such maturity to be redeemed. If a Certificate (or any portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable on such redemption date and interest thereon shall cease to accrue from and after the redemption date, provided funds for the payment of the redemption price and accrued interest thereon are held by the Paying Agent/Registrar on the redemption date. NOTICE of REDEMPTION ... Not less than 30 days prior to a redemption date for the Certificates, the City shall cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Certificates to be redeemed, in whole or in part, at the address of the registered owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the business day next preceding the date of mailing such notice. ANY NOTICE SO MAILED SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN, WHETHER OR NOT THE REGISTERED OWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE CERTIFICATES CALLED FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND NOTWITHSTANDING THAT ANY OBLIGATION OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR PAYMENT, INTEREST ON SUCH OBLIGATION OR PORTION THEREOF SHALL CEASE TO ACCRUE. The City reserves the right to give notice of its election or direction to redeem Certificates conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the City retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the City delivers a certificate of the City to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice, and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Certificates subject to conditional redemption and such redemption has been rescinded shall remain Outstanding, and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the City to make moneys and/or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default. The Paying Agent/Registrar and the City, so long as a book -entry -only system is used for the Certificates, will send any notice of redemption relating to the Certificates only to DTC. Any failure by DTC to advise any DTC participant, or of any DTC participant or indirect participant to notify the Beneficial Owner, will not affect the validity of the redemption of the Certificates called for redemption or any other action premised on any such notice. Redemptions of portions of the Certificates by the City will reduce the outstanding principal amount of such Certificates held by DTC. In such event, DTC may implement, through its book -entry -only system, a redemption of such Certificates held for the account of DTC participants in accordance with its rules or other agreements with DTC participants and then DTC participants and indirect participants may implement a redemption of such Certificates from the Beneficial Owners. Any such selection of Certificates within a maturity to be redeemed will not be governed by the Ordinance and will not be conducted by the City or the Paying Agent/Registrar. Neither the City nor the Paying Agent/Registrar will have any responsibility to DTC participants, indirect participants or the persons for whom DTC participants act as nominees, with respect to the payments on the Certificates or the providing of notice to DTC participants, indirect participants, or Beneficial Owners of the selection of portions of the Certificates for redemption (see "THE CERTIFICATES — Book -Entry -Only System" herein). DEFEASANCE ... The Ordinance provides that the City may discharge its obligations to the registered owners of any or all of the Certificates, as applicable, to pay principal and interest thereon in any manner permitted by law. Under current Texas law, such discharge may be accomplished either (i) by depositing with the Paying Agent/Registrar or other lawfully authorized entity a sum of money equal to the principal of and all interest to accrue on such Certificates to maturity or redemption (if applicable) or (ii) by depositing with the Paying Agent/Registrar or other lawfully authorized entity amounts sufficient, together with the investments earnings thereon, to provide for the payment and/or redemption (if applicable) of such Certificates; provided that such deposits may be invested and reinvested only in (a) direct non -callable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (b) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the City adopts or approves the proceedings authorizing the issuance of refunding obligations, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent and (c) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the City Council adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and which mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment and/or redemption of the Certificates. The foregoing obligations may be in book - entry form, and shall mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment and/or redemption (if applicable) of the Certificates, as the case may be. There is no assurance that the current law will not be changed in a manner which would permit investments other than those described above to be made with amounts deposited to defease the Certificates. Because the Ordinance does not contractually limit such investments, registered owners will be deemed to have consented to defeasance with such other investments, notwithstanding the fact that such investments may not be of the same investment quality as those currently permitted under State law. There is no assurance that the ratings for U.S. Treasury securities used as defeasance securities or that for any other defeasance security will be maintained at any particular rating category. Upon defeasance, all rights of the City to initiate proceedings to call the Certificates for redemption or take any other action amending the terms of the Certificates are extinguished; provided, however, that the right to call the Certificates for redemption is not extinguished if the City: (i) in the proceedings providing for the firm banking and financial arrangements, expressly reserves the right to call the Certificates for redemption; (ii) gives notice of the reservation of that right to the owners of the Certificates immediately following the making of the firm banking and financial arrangements; and (iii) directs that notice of the reservation be included in any redemption notices that it authorizes. BOOK -ENTRY -ONLY SYSTEM ... This section describes how ownership of the Certificates is to be transferred and how the principal of, premium, if any, and interest on the Certificates are to be paid to and credited by DTC while the Certificates are registered in its nominee name. The information in this section concerning DTC and the Book -Entry -Only System has been provided by DTC for use in disclosure documents such as this Preliminary Official Statement. The City believes the source of such information to be reliable, but takes no responsibility for the accuracy or completeness thereof. The City cannot and does not give any assurance that (1) DTC will distribute payments of debt service on the Certificates, or redemption or other notices, to DTC Participants, (2) DTC Participants or others will distribute debt service payments paid to DTC or its nominee (as the registered owner of the Certificates), or redemption or other notices, to the Beneficial Owners, or that they will do so on a timely basis, or (3) DTC will serve and act in the manner described in this Preliminary Official Statement. The current rules applicable to DTC are on file with the United States Securities and Exchange Commission (the "SEC"), and the current procedures of DTC to be followed in dealing with DTC Participants are on file with DTC. DTC will act as securities depository for the Certificates. The Certificates will be issued as fully -registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully -registered certificate will be issued for each maturity of the Certificates in the aggregate principal amount of each such maturity and will be deposited with DTC. DTC, the world's largest securities depository, 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 and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC, is the holding company of DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating of. AA+. The DTC Rules applicable to its Direct and Indirect Participants are on file with the SEC. More information about DTC can be found at www.dtcc.com. Purchases of Certificates under the DTC system must be made by or through direct Participants, which will receive a credit for such purchases on DTC's records. The ownership interest of each actual purchaser of each Certificate ("Beneficial Owner") is in turn to be recorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Certificates are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Certificates, except in the event that use of the book -entry system described herein is discontinued. To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of DTC. The deposit of Certificates with DTC and their registration in the name of Cede & Co. or such other nominee effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Certificates are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Certificates may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Certificates, such as redemptions, tenders, defaults, and proposed amendments to the security documents. For example, Beneficial Owners of Certificates may wish to ascertain that the nominee holding the Certificates for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the Paying Agent/Registrar and request that copies of notices be provided directly to them. 10 Redemption notices relating to the Certificates shall be sent to DTC. If less than all of the Certificates within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Certificates unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the Record Date (hereinafter defined). The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Certificates are credited on the Record Date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, principal and interest payments on the Certificates will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the City or the Paying Agent/Registrar on payable date in accordance with their respective holdings shown on DTC's records. 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 (nor its nominee), 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 redemption proceeds, principal and interest payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Paying Agent/Registrar, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Certificates at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, security certificates will be printed and delivered. So long as Cede & Co. is the registered owner of the Certificates, the City will have no obligation or responsibility to the Direct Participants or Indirect Participants, or the persons for which they act as nominees, with respect to the payment to or providing of notice to such Direct Participants, Indirect Participants or the persons for which they act as nominees. Use of Certain Terms in Other Sections of this Preliminary Official Statement. In reading this Preliminary Official Statement it should be understood that while the Certificates are in the Book -Entry -Only System, references in other sections of this Preliminary Official Statement to registered owners should be read to include the person for which the Participant acquires an interest in the Certificates, but (i) all rights of ownership must be exercised through DTC and the Book -Entry -Only System, and (ii) except as described above, notices that are to be given to registered owners under the Ordinance will be given only to DTC. Information concerning DTC and the Book -Entry 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, the Financial Advisor or the Initial Purchaser. PAYING AGENT/REGISTRAR ... The initial Paying Agent/Registrar for the Certificates is The Bank of New York Mellon Trust Company, NA, Dallas, Texas. In the Ordinance, the City retains the right to replace the Paying Agent/Registrar. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are duly paid and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity duly qualified and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of such Certificates by United States mail, first class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of the Certificates will be payable to the registered owner at maturity or prior redemption upon presentation and surrender at the principal office of the Paying Agent/Registrar. Interest on the Certificates shall be paid to the registered owners appearing on the registration books of the Paying Agent/Registrar at the close of business on the Record Date (see "THE CERTIFICATES — Record Date for Interest Payment" herein), and such interest shall be paid (i) by check sent by United States Mail, first class postage prepaid to the address of the registered owner recorded in the registration books of the Paying Agent/Registrar, or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, legal holiday or day when banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. So long as Cede & Co. is the registered owner of the Certificates, payments of principal and interest on the Certificates will be made as described in "THE CERTIFICATES - Book -Entry -Only System" herein. 11 TRANSFER, EXCHANGE AND REGISTRATION ... In the event the Book -Entry -Only System should be discontinued, printed certificates will be delivered to the registered owners of the Certificates and thereafter the Certificates may be transferred and exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender of such printed certificates to the Paying Agent/Registrar and such transfer or exchange shall be without expense or service charge to the registered owner, except for any tax or other governmental charges required to be paid with respect to such registration, exchange and transfer. Certificates may be assigned by the execution of an assignment form on the Certificates or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. New Certificates will be delivered by the Paying Agent/Registrar, in lieu of the Certificates being transferred or exchanged, at the principal office of the Paying Agent/Registrar, or sent by United States mail, first class, postage prepaid, to the new registered owner or his designee. To the extent possible, new Certificates issued in an exchange or transfer of Certificates will be delivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of the Certificates to be canceled, and the written instrument of transfer or request for exchange duly executed by the registered owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Certificates registered and delivered in an exchange or transfer shall be of the same series, in denominations of $5,000 or integral multiples thereof for any one maturity and for a like aggregate principal amount as the Certificates surrendered for exchange or transfer. See "THE CERTIFICATES - Book -Entry -Only System" for a description of the system to be utilized initially in regard to ownership and transferability of the Certificates. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for redemption; provided, however, such limitation on transfer shall not be applicable to an exchange by the registered owner of the uncalled balance of a Certificate. RECORD DATE FOR INTEREST PAYMENT ... The record date (the "Record Date") for the interest payable on the Certificates on any interest payment date means the close of business on the last business day of the month next preceding each interest payment date for the Certificates. 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 (the "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 (the "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 registered owner of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. MUTILATED, DESTROYED, LOST AND STOLEN CERTIFICATES ... If any Certificate is mutilated, destroyed, stolen or lost, a new Certificate in the same principal amount as the Certificate so mutilated, destroyed, stolen or lost will be issued. In the case of a mutilated Certificate, such new Certificate will be delivered only upon surrender and cancellation of such mutilated Certificate. In the case of any Certificate issued in lieu of and substitution for any Certificate which has been destroyed, stolen or lost, such new Certificate will be delivered only (a) upon filing with the Paying Agent/Registrar evidence satisfactory to the Paying Agent/Registrar to the effect that such Certificate has been destroyed, stolen or lost and authenticity of ownership thereof, and (b) upon furnishing the Paying Agent/Registrar with indemnity satisfactory to hold the City and the Paying Agent/Registrar harmless. The person requesting the authentication and delivery of a new Certificate must pay such expenses as the Paying Agent/Registrar may incur in connection therewith. CERTIFICATEHOLDERs' REMEDIES ... The Ordinance establishes specific events of default with respect to the Certificates. If the City defaults in the payment of the principal of or interest on the Certificates when due, or the City defaults in the observance or performance of any of the covenants, conditions, or obligations of the City, the failure to perform which materially, adversely affects the rights of the owners, including but not limited to, their prospect or ability to be repaid in accordance with the Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any owner to the City, the Ordinance provides that any registered owner is entitled to seek a writ of mandamus from a court of proper jurisdiction requiring the City to make such payment or observe and perform such covenants, obligations, or conditions. The issuance of a writ of mandamus is controlled by equitable principles, and rests with the discretion of the court, but may not be arbitrarily refused. There is no acceleration of maturity of the Certificates in the event of default and, consequently, the remedy of mandamus may have to be relied upon from year to year. The Ordinance does not provide for the appointment of a trustee to represent the interest of the holders of the Certificates upon any failure of the City to perform in accordance with the terns of the Ordinance, or upon any other condition and, accordingly, all legal actions to enforce such remedies would have to be undertaken at the initiative of, and be financed by, the registered owners. On June 30, 2006 Texas Supreme Court ruled in Tooke v. City ofMexia, 197 S.W. 3d 325 (Tex. 2006), that a waiver of sovereign immunity in a contractual dispute must be provided for by statute in "clear and unambiguous language." Because it is unclear whether the Texas legislature has effectively waived the City's sovereign immunity from a suit for money damages, holders of the Certificates may not be able to bring such a suit against the City for breach of the covenants in the Certificates or in the Ordinance. Even if a judgment against the City could be obtained, it could not be enforced by direct levy and execution against the City's property. Further, the registered owners cannot themselves foreclose on property within the City or sell property within the City to enforce the tax lien on taxable property to pay the principal of and interest on the Certificates. In Tooke, the Court noted the enactment in 2005 of sections 271.151 through .160, Texas Local Government Code (the "Local Government Immunity Waiver Act"), which, according to the Court, waives "immunity from suit for contract claims against most local governmental entities under certain circumstances." The Local Government Immunity Waiver Act covers cities and relates to contracts entered into by cities for providing goods and services to cities. 12 On April 1, 2016, the Texas Supreme Court ruled in Wasson Interests, Ltd. v. City of Jacksonville, 489 S.W.3d 427 (Tex. 2016) ("Wasson I ), that governmental immunity does not imbue a city with derivative immunity when it performs a proprietary, as opposed to a governmental, function in respect to contracts executed by a city. On October 5, 2018, the Texas Supreme Court issued a second opinion to clarify Wasson I, Wasson Interests LTD. v. City of Jacksonville, 559 S.W.3d 142 (Tex. 2018) ("Wasson IT', and together with Wasson I "Wasson"), ruling that to determine whether governmental immunity applies to a breach of contract claim, the proper inquiry is whether the municipality was engaged in a governmental or proprietary function at the time it entered into the contract, not at the time of the alleged breach. In Wasson, the Court recognized that the distinction between governmental and proprietary functions is not clear. Therefore, in regard to municipal contract cases (as opposed to tort claim cases), it is incumbent on the courts to determine whether a function was governmental or proprietary based upon the statutory and common law guidance at the time of the contractual relationship. Texas jurisprudence has generally held that proprietary functions are those conducted by a city in its private capacity, for the benefit only of those within its corporate limits, and not as an arm of the government or under authority or for the benefit of the State; these are usually activities that can be, and often are, provided by private persons, and therefore are not done as a branch of the State, and do not implicate the State's immunity since they are not performed under the authority, or for the benefit, of the State as sovereign. Issues related to the applicability of a governmental immunity as they relate to the issuance of municipal debt have not been adjudicated. Each situation will be evaluated based on the facts and circumstances surrounding the contract in question. As noted above, the Ordinance provides that holders of the Certificates may exercise the remedy of mandamus to enforce the Certificates of the City under the Ordinance. Neither the remedy of mandamus nor any other type of injunctive relief was at issue in Tooke, and it is unclear whether Tooke will be construed to have any effect with respect to the exercise of mandamus, as such remedy has been interpreted by Texas courts. In general, Texas courts have held that a writ of mandamus may be issued to require public officials to perform ministerial acts that clearly pertain to their duties. Texas courts have held that a ministerial act is defined as a legal duty that is prescribed and defined with a precision and certainty that leaves nothing to the exercise of discretion or judgment, though mandamus is not available to enforce purely contractual duties. However, mandamus may be used to require a public officer to perform legally imposed ministerial duties necessary for the performance of a valid contract to which the State or a political subdivision of the State is a party (including the payment of monies due under a contract). Furthermore, the City is eligible to seek relief from its creditors under Chapter 9 of the United States Bankruptcy Code ("Chapter 9"). Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, the pledge of ad valorem 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 holders of the Certificates 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 remedies would be subject to the approval of the Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to the enforceability of the Ordinance and the Certificates are qualified with respect to the customary rights of debtors relative to their creditors, principles of governmental immunity, and general principles of equity that permit the exercise of judicial discretion. AMENDMENTS ... The City may amend the Ordinance without the consent of or notice to any registered owner in any manner not detrimental to the interest of the registered owners, including the curing of any ambiguity, inconsistency, formal defect, or omission therein. In addition, the City may, with the written consent of the holders of a majority in aggregate principal amount of the Certificates then outstanding and affected thereby, amend, add to, or rescind any of the provisions of Ordinance; except that, without the consent of the registered owners of all of the Certificates then outstanding, no such amendment, addition, or rescission may (i) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Certificates, (ii) give any preference to any Certificate over any other Certificate, or (iii) reduce the aggregate principal amount of Certificates required to be held by Owners for consent to any such amendment, addition, or rescission 13 TAX INCREMENT REINVESTMENT ZONES Article VIII, Section 1-g of the Texas Constitution and the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act") authorize municipalities in the State to establish one or more tax increment financing reinvestment zones for development or redevelopment of the territory within the zones. The TIF Act provides that the municipality may appoint a board of directors for a reinvestment zone to develop a project plan and financing plan for the zone and may delegate to the board certain management duties relating to the zone. Project costs, including financing costs, within the zone may be paid from tax increments collected by each of the taxing units in the zone. The amount of a taxing unit's tax increment ("Tax Increment") for a year is the amount of property taxes levied and collected by the taxing unit for that year on the captured appraised value of real property taxable by the unit (the "Captured Appraised Value") and located in the zone. The Captured Appraised Value is the total appraised value of all taxable real property for a year located within the zone, less the tax increment base of the taxing unit. The tax increment base of a taxing unit is the total appraised value of all real property taxable by the unit and located in the zone in the year in which the City created the zone. Participation by a taxing unit in a reinvestment zone is discretionary with such taxing unit, and it may decide to deposit all or none, or a portion, of its Tax Increments into the fund and retain for its own purposes any remainder. The TIF Act provides that each taxing unit that participates in a zone is required to pay into the tax increment fund for the zone the collected Tax Increments that it has agreed to pay under its agreement with the city and in accordance with the project plan. A taxing unit cannot reduce the amount of its participation once the financing plan has been implemented. The City has created two tax increment reinvestment zones. Reinvestment Zone Number One ... On February 20, 1996, the Grapevine City Council adopted an ordinance (as amended, the "Zone One Ordinance") creating the City's Tax Increment Reinvestment Zone Number One ("Zone One") by designating a contiguous geographic area in the jurisdiction of the City as a reinvestment zone to promote development within Zone One. The Zone One Ordinance established the boundaries of Zone One, created a board of directors for Zone One, established a tax increment fund for Zone One (the "Tax Increment Fund" for Zone One) and found that public works and improvements to be undertaken in Zone One would significantly enhance the value of all taxable real property in Zone One and would be of general benefit to the City. On December 15, 2015, the City Council approved an ordinance extending the boundaries of Zone One and extending the termination date of Zone One until December 31, 2038, unless otherwise terminated early as a result of payment in full of all project costs approved in the Project and Financing Plan for the Zone, or as authorized or permitted by law. With the addition of approximately 419 acres to Zone One in December 2015, Zone One is now comprised of approximately 661 total acres in the northeast area of the City. The City is currently the only taxing unit participating in Zone One and contributes 100% of the City's tax collections in Zone One to the Tax Increment Fund for Zone One. The City's Tax Increment for Zone One will be used to pay project costs within Zone One. The tax increment base for the original property included in Zone One in 1996 was $7,647,325 and the tax increment base for the property added to Zone One in 2015 was $57,644,619. The total incremental taxable value in Zone One is $672,595,598 for tax year 2022. The Tax Increment revenues for Zone One are not pledged to the payment of any of the Certificates and the holders of the Certificates shall have no claim on such Tax Increment revenues of Zone One. Reinvestment Zone Number Two ... On December 28, 1998, the City Council adopted an ordinance (the "Zone Two Ordinance") creating Tax Increment Reinvestment Zone Number Two ("Zone Two") by designating a contiguous geographic area in the jurisdiction of the City as a reinvestment zone to promote development within Zone Two. The Zone Two Ordinance established the boundaries of Zone Two, created a board of directors for Zone Two, established a tax increment fund for Zone Two (the "Tax Increment Fund" for Zone Two) and found that public works and improvements to be undertaken in Zone Two would significantly enhance the value of all taxable real property in Zone Two and would be of general benefit to the City. Zone Two is comprised of approximately 122 acres in the northeast area of the City. The City, Tarrant County, Tarrant County Junior College District, Tarrant County Hospital District and GCISD levy taxes on real property within Zone Two. In addition to the City, only GCISD (together, the "Zone Two Taxing Units") has agreed to deposit 100% of its Tax Increments into the Tax Increment Fund for Zone Two; provided, however, that the amount deposited by GCISD will be reduced by the amount necessary to offset any negative impact on GCISD, as a result of its participation in Zone Two, under school finance laws. To date, no such reductions have been required. The Grapevine Middle School is located wholly with Zone Two. Accordingly, as part of the Zone Two projects, the GCISD will be reimbursed from the Tax Increment Fund for Zone Two for its debt service, including principal and interest, on bonds issued by GCISD for the Grapevine Middle School. The Tax Increments of GCISD, and any other Zone Two Taxing Unit which elects to participate in the future, will be paid into the Tax Increment Fund for Zone Two and used to pay project costs within Zone Two, and any other Obligations issued to finance project costs in Zone Two. None of the Zone Two Taxing Units is required under State law to set a tax rate sufficient to assure any certain dollar amount of Tax Increments; rather, State law only requires each Zone Two Taxing Unit to contribute the Tax Increments actually collected by it and only to the extent provided in the applicable interlocal agreement. The tax increment base for Zone Two established on January 1, 1998 was $744,886. The primary purpose for the creation of Reinvestment Zone Number Two was to provide public improvements to complement development of The Gaylord Opryland Hotel. The taxable value in Zone Two is $304,947,479 for tax year 2022. The project for which Zone Two was created has been completed. The Zone Two Ordinance further provides that Zone Two shall take effect on January 1, 1999, and shall expire on December 31, 2030, or such earlier date that the City determines that Zone Two should be terminated due to insufficient private investment, accelerated private investment or other good cause, or such time as all project costs, and Obligations secured by Tax Increments, and the interest thereon, have been paid in full (see "Table 10 — Computation of Self -Supporting Debt"). The City's Combination Tax and Tax Increment Reinvestment Zone #2 Revenue Refunding Bonds, Series 2015A (the "Series 2015 Zone Two Bonds") are secured in part by the Tax Increment Revenues from Zone Two. There is currently $8,480,000,000 of outstanding Series 2015 Zone Two Bonds. The Tax Increment revenues for Zone Two are not pledged to the payment of any of the Certificates and the holders of the Certificates shall have no claim on such Tax Increment revenues of Zone Two. 14 TAX INFORMATION The following is a summary of certain provisions of State law as it relates to ad valorem taxation and is not intended to be complete. Prospective investors are encouraged to review Title I of the Texas Tax Code, as amended (the "Property Tax Code'), for identification of property subject to ad valorem taxation, property exempt or which may be exempted from ad valorem taxation if claimed, the appraisal of propertyfor ad valorem tax purposes, and the procedures and limitations applicable to the levy and collection of ad valorem taxes. VALUATION OF TAXABLE PROPERTY ... The Property Tax Code provides for countywide appraisal and equalization of taxable property values and establishes in each county of the State an appraisal district and an appraisal review board (the "Appraisal Review Board") responsible for appraising property for all taxing units within the county. The appraisal of property within the City is the responsibility of the Tarrant, Denton and Dallas Appraisal Districts (the "Appraisal Districts"). Except as generally described below, the Appraisal Districts are required to appraise all property within the Appraisal Districts on the basis of 100% of its market value and is prohibited from applying any assessment ratios. In determining market value of property, the Appraisal Districts is required to consider the cost method of appraisal, the income method of appraisal and the market data comparison method of appraisal, and use the method the chief appraiser of the Appraisal Districts considers most appropriate. The Property Tax Code requires appraisal districts to reappraise all property in its jurisdiction at least once every three years. A taxing unit may require annual review at its own expense, and is entitled to challenge the determination of appraised value of property within the taxing unit by petition filed with the Appraisal Review Board. State law requires the appraised value of an owner's principal residence ("homestead" or "homesteads") to be based solely on the property's value as a homestead, regardless of whether residential use is considered to be the highest and best use of the property. State law further limits the appraised value of a homestead to the lesser of (1) the market value of the property or (2) 110% of the appraised value of the property for the preceding tax year plus the market value of all new improvements to the property (the "10% Homestead Cap"). See "Table 1 — Assessed Valuation and Exemption" for the reduction in taxable valuation attributable to the 10% Homestead Cap. State law provides that eligible owners of both agricultural land and open -space land, 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 ("Productivity Value"). The same land may not be qualified as both agricultural and open -space land. See "Table 1 — Assessed Valuation and Exemption" for the reduction in taxable valuation attributable to valuation by Productivity Value. The appraisal values set by the Appraisal Districts are subject to review and change by the Appraisal Review Board. The appraisal rolls, as approved by the Appraisal Review Board, are used by taxing units, such as the City, in establishing their tax rolls and tax rates. See "TAX INFORMATION — Issuer and Taxpayer Remedies." STATE MANDATED HOMESTEAD EXEMPTIONS ... State law grants, with respect to each taxing unit in the State, various exemptions for disabled veterans and their families, surviving spouses of members of the armed services killed in action, and surviving spouses of first responders killed or fatally wounded in the line of duty. See "Table 1 — Assessed Valuation and Exemption" for the reduction, if any, attributable to state mandated homestead exemptions. LocAL OPTION HOMESTEAD EXEMPTIONS ... The governing body of a taxing unit, including a city, county, school district, or special district, at its option may grant: (1) an exemption of up to 20% of the appraised value of all homesteads (but not less than $5,000) and (2) an additional exemption of at least $3,000 of the appraised value of the homesteads of persons sixty-five (65) years of age or older and the disabled. Each taxing unit decides if it will offer the local option homestead exemptions and at what percentage or dollar amount, as applicable. The exemption described in (2), above, may be created, increased, decreased or repealed at an election called by the governing body of a taxing unit upon presentment of a petition for such creation, increase, decrease, or repeal of at least 20% of the number of qualified voters who voted in the preceding election of the taxing unit. See "Table 1 — Assessed Valuation and Exemption" for the reduction, if any, attributable to local option homestead exemptions. LocAL OPTION FREEZE FOR THE ELDERLY AND DISABLED ... The governing body of a county, municipality or junior college district may, at its option, provide for a freeze on the total amount of ad valorem taxes levied on the homesteads of persons 65 years of age or older or of disabled persons above the amount of tax imposed in the year such residence qualified for such exemption. Also, upon voter initiative, an election may be held to determine by majority vote whether to establish such a freeze on ad valorem taxes. Once the freeze is established, the total amount of taxes imposed on such homesteads cannot be increased except for certain improvements, and such freeze cannot be repealed or rescinded. See "Table 1 — Assessed Valuation and Exemption" for the reduction, if any, attributable to the local option freeze for the elderly and disabled. TEMPORARY EXEMPTION FOR QUALIFIED PROPERTY DAMAGED BY A DISASTER ... The Property Tax Code entitles the owner of certain qualified (i) tangible personal property used for the production of income, (ii) improvements to real property, and (iii) manufactured homes located in an area declared by the governor to be a disaster area following a disaster and is at least 15 percent damaged by the disaster, as determined by the chief appraiser, to an exemption from taxation of a portion of the appraised value of the property. The amount of the exemption ranges from 15 percent to 100 percent based upon the damage assessment rating assigned by the chief appraiser. Except in situations where the territory is declared a disaster on or after the date the taxing unit adopts a tax 15 rate for the year in which the disaster declaration is issued, the governing body of the taxing unit is not required to take any action in order for the taxpayer to be eligible for the exemption. If a taxpayer qualifies for the exemption after the beginning of the tax year, the amount of the exemption is prorated based on the number of days left in the tax year following the day on which the governor declares the area to be a disaster area. For more information on the exemption, reference is made to Section 11.35 of the Tax Code. Section 11.35 of the Tax Code was enacted during the 2019 legislative session, and there is no historical judicial precedent for how the statute will be applied. Texas Attorney General Opinion KP-0299, issued on April 13, 2020, concluded a court would likely find the Texas Legislature intended to limit the temporary tax exemption to apply to property physically harmed as a result of a declared disaster. PERSONAL PROPERTY ... Tangible personal property (furniture, machinery, supplies, inventories, etc.) used in the "production of income" is taxed based on the property's market value. Taxable personal property includes income -producing equipment and inventory. Intangibles such as goodwill, accounts receivable, and proprietary processes are not taxable. Tangible personal property not held or used for production of income, such as household goods, automobiles or light trucks, and boats, is exempt from ad valorem taxation unless the governing body of a taxing unit elects to tax such property. FREEPORT AND GOODS -IN -TRANSIT EXEMPTIONS ... Certain goods that are acquired in or imported into the State to be forwarded outside the State, and are detained in the State for 175 days or less for the purpose of assembly, storage, manufacturing, processing or fabrication ("Freeport Property") are exempt from ad valorem taxation unless a taxing unit took official action to tax Freeport Property before April 1, 1990 and has not subsequently taken official action to exempt Freeport Property. Decisions to continue taxing Freeport Property may be reversed in the future; decisions to exempt Freeport Property are not subject to reversal. Certain goods that are acquired in or imported into the State to be forwarded to another location within or without the State, stored in a location that is not owned by the owner of the goods and are transported to another location within or without the State within 175 days ("Goods -in -Transit"), are generally exempt from ad valorem taxation; however, the Property Tax Code permits a taxing unit, on a local option basis, to tax Goods -in -Transit if the taxing unit takes official action after conducting a public hearing, before January 1 of the first tax year in which the taxing unit proposes to tax Goods -in -Transit. Goods -in -Transit and Freeport Property do not include oil, natural gas or petroleum products, and Goods -in -Transit does not include aircraft or special inventories such as manufactured housing inventory, or a dealer's motor vehicle, boat, or heavy equipment inventory. A taxpayer may receive only one of the Goods -in -Transit or Freeport Property exemptions for items of personal property. See "Table 1 — Assessed Valuation and Exemption" for the reduction, if any, attributable to Freeport Property and/or Goods -in - Transit exemptions. OTIIER EXEMPT PROPERTY ... Other major categories of exempt property include property owned by the State or its political subdivisions if used for public purposes, property exempt by federal law, property used for pollution control, farm products owned by producers, property of nonprofit corporations used for scientific research or educational activities benefitting a college or university, designated historic sites, solar and wind -powered energy devices, and certain classes of intangible personal property. TAx INCREMENT FINANCING ZONES ... A city or county, by petition of the landowners or by action of its governing body, may create one or more tax increment financing zones ("TIRZ") within its boundaries, and other overlapping taxing units may agree to contribute taxes levied against the "Incremental Value" in the TIRZ to finance or pay for project costs, as defined in Chapter 311, Texas Government Code, general located within the TIRZ. At the time of the creation of the TIRZ, a "base value" for the real property in the TIRZ is established and the difference between any increase in the assessed valuation of taxable real property in the TIRZ in excess of the base value is known as the "Incremental Value", and during the existence of the TIRZ, all or a portion of the taxes levied by each participating taxing unit against the Incremental Value in the TIRZ are restricted to paying project and financing costs within the TIRZ and are not available for the payment of other obligations of such taxing units. See "TAX INFORMATION — City Application of Property Tax Code" for descriptions of any TIRZ created in the City. TAx ABATEMENT AGREEMENTS ... Taxing units may also enter into tax abatement agreements to encourage economic development. Under the agreements, a property owner agrees to construct certain improvements on its property. The taxing unit, 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. See "TAX INFORMATION — City Application of Property Tax Code for descriptions of any of the City's tax abatement agreements. For a discussion of how the various exemptions described above are applied by the City, See "TAX INFORMATION — City Application of Property Tax Code" herein. PUBLIC HEARING AND MAINTENANCE AND OPERATION TAX RATE LIMITATIONS ... The Following terms as used in this section have the meanings provided below: "adjusted" means lost values are not included in the calculation of the prior year's taxes and new values are not included in the current year's taxable values. 16 "de minimis rate" means the maintenance and operations tax rate that will produce the prior year's total maintenance and operations tax levy (adjusted) from the current year's values (adjusted), plus the rate that produces an additional $500,000 in tax revenue when applied to the current year's taxable value, plus the debt service tax rate. "no -new -revenue tax rate" means the combined maintenance and operations tax rate and debt service tax rate that will produce the prior year's total tax levy (adjusted) from the current year's total taxable values (adjusted). "special taxing unit" means a city for which the maintenance and operations tax rate proposed for the current tax year is 2.5 cents or less per $100 of taxable value. "unused increment rate" means the cumulative difference between a city's voter -approval tax rate and its actual tax rate for each of the tax years 2020 through 2022, which may be applied to a city's tax rate in tax years 2021 through 2023 without impacting the voter -approval tax rate. "voter -approval tax rate" means the maintenance and operations tax rate that will produce the prior year's total maintenance and operations tax levy (adjusted) from the current year's values (adjusted) multiplied by 1.035, plus the debt service tax rate, plus the "unused increment rate". The City's tax rate consists of two components: (1) a rate for funding of maintenance and operations expenditures in the current year (the "maintenance and operations tax rate"), and (2) a rate for funding debt service in the current year (the "debt service tax rate"). Under State law, the assessor for the City must submit an appraisal roll showing the total appraised, assessed, and taxable values of all property in the City to the City Council by August 1 or as soon as practicable thereafter. A city must annually calculate its "voter -approval tax rate" and "no -new -revenue tax rate" (as such terms are defined above) in accordance with forms prescribed by the State Comptroller and provide notice of such rates to each owner of taxable property within the city and the county tax assessor -collector for each county in which all or part of the city is located. A city must adopt a tax rate before the later of September 30 or the 60th day after receipt of the certified appraisal roll, except that a tax rate that exceeds the voter -approval tax rate must be adopted not later than the 71st day before the next occurring November uniform election date. If a city fails to timely adopt a tax rate, the tax rate is statutorily set as the lower of the no -new -revenue tax rate for the current tax year or the tax rate adopted by the city for the preceding tax year. As described below, the Property Tax Code provides that if a city adopts a tax rate that exceeds its voter -approval tax rate or, in certain cases, its "de minimis rate", an election must be held to determine whether or not to reduce the adopted tax rate to the voter -approval tax rate. A city may not adopt a tax rate that exceeds the lower of the voter -approval tax rate or the no -new -revenue tax rate until each appraisal district in which such city participates has delivered notice to each taxpayer of the estimated total amount of property taxes owed and the city has held a public hearing on the proposed tax increase. For cities with a population of 30,000 or more as of the most recent federal decennial census, if the adopted tax rate for any tax year exceeds the voter -approval tax rate, that city must conduct an election on the next occurring November uniform election date to determine whether or not to reduce the adopted tax rate to the voter -approval tax rate. For cities with a population less than 30,000 as of the most recent federal decennial census, if the adopted tax rate for any tax year exceeds the greater of (i) the voter -approval tax rate or (ii) the de minimis rate, the city must conduct an election on the next occurring November uniform election date to determine whether or not to reduce the adopted tax rate to the voter -approval tax rate. However, for any tax year during which a city has a population of less than 30,000 as of the most recent federal decennial census and does not qualify as a special taxing unit, if a city's adopted tax rate is equal to or less than the de minimis rate but greater than both (a) the no -new -revenue tax rate, multiplied by 1.08, plus the debt service tax rate or (b) the city's voter -approval tax rate, then a valid petition signed by at least three percent of the registered voters in the city would require that an election be held to determine whether or not to reduce the adopted tax rate to the voter -approval tax rate. Any city located at least partly within an area declared a disaster area by the Governor of the State or the President of the United States during the current year may calculate its "voter -approval tax rate" using a 1.08 multiplier, instead of 1.035, until the earlier of (i) the second tax year in which such city's total taxable appraised value exceeds the taxable appraised value on January 1 of the year the disaster occurred, or (ii) the third tax year after the tax year in which the disaster occurred. State law provides cities and counties in the State the option of assessing a maximum one-half percent (1/2%) sales and use tax on retail sales of taxable items for the purpose of reducing its ad valorem taxes, if approved by a majority of the voters in a local option election. If the additional sales and use tax for ad valorem tax reduction is approved and levied, the no -new -revenue tan rate and voter -approval tax rate must be reduced by the amount of the estimated sales tax revenues to be generated in the current tax year. 17 The calculations of the no -new -revenue tax rate and voter -approval tax rate do not limit or impact the City's ability to set a debt service tax rate in each year sufficient to pay debt service on all of the City's tax -supported debt obligations, including the Certificates. 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. ISSUER AND TAx PAYER REMEDIES ... Under certain circumstances, the City and its taxpayers may appeal the determinations of the Appraisal Districts by timely initiating a protest with the Appraisal Review Board. Additionally, taxing units such as the City may bring suit against the Appraisal Districts to compel compliance with the Property Tax Code. Owners of certain property with a taxable value of at least $50 million and situated in a county with a population of one million or more as of the most recent federal decennial census may additionally protest the determinations of appraisal district directly to a three -member special panel of the appraisal review board, selected by a State district judge, consisting of highly qualified professionals in the field of property tax appraisal. The Property Tax Code sets forth notice and hearing procedures for certain tax rate increases by the City and provides for taxpayer referenda that could result in the repeal of certain tax increases (See "— Public Hearing and Maintenance and Operation Tax Rate Limitations".) The Property Tax Code also establishes a procedure for notice to property owners of reappraisals reflecting increased property value, appraisals which are higher than renditions, and appraisals of property not previously on an appraisal roll. The foregoing sections represents the City's current understanding of the recently adopted Senate Bill 2, however the City cannot represent at this time what impact such legislation may have on the City. The City may revise and update this information as more information about Senate Bill 2 and its specific impact on the City becomes available. ISSUER'S RIGHTS IN THE EVENT of TAx DELINQUENCIES ... Taxes levied by the City are a personal obligation of the owner of the property as of January 1 of the year for which the tax is imposed. On January 1 of each year, a tax lien attaches to property to secure the payment of all State and local taxes, penalties, and interest ultimately imposed for the year on the property. The lien exists in favor of the State and each local taxing unit, including the City, having power to tax the property. Personal property, under certain circumstances, is subject to seizure and sale for the payment of delinquent taxes. At any time after taxes on property become delinquent, the City may file suit to foreclose the lien securing payment of the tax, to enforce personal liability for the tax, or both. In filing a suit to foreclose a tax lien on real property, the City must join other taxing units that have claims for delinquent taxes against all or part of the same property. Collection of delinquent taxes may be adversely affected by the amount of taxes owed to other taxing units, by the effects of market conditions on the foreclosure sale price, by taxpayer redemption rights (a taxpayer may redeem property within two (2) years after the purchaser's deed issued at the foreclosure sale is filed in the county records) or by bankruptcy proceedings which restrict the collection of taxpayer debts. Federal bankruptcy law provides that an automatic stay of actions 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. PENALTIES AND INTEREST ... Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows: Cumulative Cumulative Month Penalty Interest Total February 6% 1% 7% March 7 2 9 April 8 3 11 May 9 4 13 June 10 5 15 July 12 6 18 After July, penalty remains at 12%, and interest increases at the rate of one -percent (1%) for each month or portion of a month the tax remains unpaid. A delinquent tax continues to incur interest as long as the tax remains unpaid, regardless of whether a judgment for the delinquent tax has been rendered. The purpose of imposing such interest is to compensate the taxing unit for revenue lost because of the delinquency. In addition, if an account is delinquent in July, an attorney's collection fee of up to 20% may be 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 18 filing of any petition in bankruptcy. The automatic stay prevents governmental units from foreclosing on property and prevents liens for post -petition taxes from attaching to property and obtaining secured creditor status unless, in either case, an order lifting the stay is obtained from the bankruptcy court. In many cases post -petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court. CITY APPLICATION OF TAx CODE ... The City grants an exemption to the market value of the residence homestead of persons 65 years of age or older of $75,000; the disabled are granted an exemption of $10,000. The City has granted an additional exemption of 20% of the appraised value of residence homesteads with a minimum exemption of $5,000. The City has not adopted the tax freeze for citizens who are disabled or are 65 years of age or older, which became a local option and subject to local referendum on January 1, 2004. 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; does not tax lease value on personal use vehicles; and the City contracts with the Grapevine-Colleyville Independent School District for the collection of its taxes. The City does not permit split payments, and discounts are not allowed. The City does not tax freeport property. The City does tax goods -in -transit. The City does not collect the additional one-half cent sales tax for reduction of ad valorem taxes. See Table 1 for a listing of the amounts of the exemptions described above. TAx ABATEMENT POLICY ... The City does not have a tax abatement policy nor has it granted any tax abatements. [The remainder of this page left blank intentionally] 19 TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT 2022/23 Market Valuation Established by Tarrant, Denton and Dallas Appraisal Districts Less Exemptions/Reductions at 100% Market Value: Residence Homestead/Cap Loss Exemptions Over 65 Years of Age Disabled Exemptions Veterans Exemptions Solar/Wind Power Exemptions Freeport Exemptions Productivity Loss Totally Exempt Property Nominal Value Reductions Pollution Control Inventory 2022/23 Certified Net Taxable Assessed Valuation Plus Minimum Value of Protests (1) 2022/23 Total Net Taxable Assessed Valuation (1) 2022/23 Incremental Taxable Assessed Value of Real Property within Reinvestment Zone Number One 2022/23 Incremental Taxable Assessed Value of Real Property within Reinvestment Zone Number Two 2022/23 Taxable Assessed Valuation available for General Fund Obligations and Debt of City City Funded Debt Payable from Ad Valorem Taxes General Obligation Bonds (as of 12-1-22) Certificates of Obligation (as of 12-1-22) Contractual Obligations (as of 12-1-22) The Certificates Funded Debt Payable from Ad Valorem Taxes Less Self -Supporting Debt: Combination Tax and Tax Increment Reinvestment Zone No. 2 Revenue Certificates of Obligation"' Hotel Occupancy Tax System (4) Waterworks and Sewer System (5) Net Funded Debt Payable From Ad Valorem Taxes $ 15,475,613,110 $ 791,235,405 238,865,765 3,277,642 19,742,178 69,726 104,989,283 41,991,375 2,706,159,293 413,400 20,556 1,130,754,381 (5,037,519,004) $ 10,438,094,106 803,052,068 $ 11,241,146,174 672,595,598 304,947,479 $ 10,263,603,097 $ 74,180,000 62,930,000 760,000 13,720,000 c2) $ 151,590,000 $ 8,480,000 3,825,000 6,970,000 Interest and Sinking Fund as of September 30, 2022 Ratio Total Funded Debt to Taxable Assessed Valuation............................................................... . 2023 Estimated Population - 53,985 Per Capita Taxable Assessed Valuation - $193,352 Per Capita Total Funded Debt - $2,808 $ 132,315,000 $ 7,141,619 1.45% (1) Includes captured values for Incremental Taxable Assessed Value of Real Property within Reinvestment Zones Number One and Two. (2) Preliminary, subject to change. (3) The self-supporting amount is a projection of debt by the City based on actual historical payments from Zone Two Funds. The amount of self-supporting debt is based on the percentage of revenue support as shown in Table 10. There is no guarantee that these payments will continue in the future. If the payments are not made from the revenues in the future, the difference will have to be paid with ad valorem taxes. (4) Repayment of the debt shown is provided from revenues of the Hotel Occupancy Tax. The amount of self-supporting debt is based on the percentages of revenue support as shown in Table 10. In the event the payments are not made from Fund revenues, the City will be required to assess an ad valorem tax in an amount sufficient to make such payments. (5) Repayment of the debt shown is provided from revenues of the Waterworks and Sewer System. The amount of self- supporting debt is based on the percentages of revenue support as shown in Table 10. In the event the payments are not made from Fund revenues, the City will be required to assess an ad valorem tax in an amount sufficient to make such payments. 20 TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY Category Real, Residential, Single -Family Real, Residential, Multi -Family Real, Vacant Lots Tracts Real, Acreage (Land Only) Real, Farm and Ranch Improvements Real, Commercial Real, Industrial Real, Oil, Gas and Mineral Reserve Real and Tangible Personal, Utilities Real, Mobile Homes Tangible Personal, Business Tangible Personal, Commercial Tangible Personal, Industrial Tangible Personal, Mobile Homes Tangible Personal, Other Real Property, Inventory Personal Property, Special Inventory Total Appraised Value Before Exemptions Adjustments Less: Total Exemption/Reductions Plus: Minimum Value of Protests Taxable Assessed Value Category Real, Residential, Single -Family Real, Residential, Multi -Family Real, Vacant Lots Tracts Real, Acreage (Land Only) Real, Farm and Ranch Improvements Real, Commercial Real, Industrial Real and Tangible Personal, Utilities Tangible Personal, Commercial Tangible Personal, Industrial Tangible Personal, Other Real Property, Inventory Total Appraised Value Before Exemptions Adjustments Less: Total Exemption/Reductions Plus: Minimum Value of Protests Taxable Assessed Value Taxable Appraised Value for Fiscal Year Ended September 30, 2023 2022 2021 % of Amount Total Amount $ 4,899,417,752 31.66% $ 4,590,109,729 1,898,089,392 12.27% 1,606,960,904 847,681,903 5.48% 858,753,890 496,483 0.00% 41,158,205 3,353,758 0.02% 2,963,838 4,516,067,712 29.18% 4,404,835,821 70,713,571 0.46% 64,408,063 4,776,940 0.03% 1,326,510 132,370,775 0.86% 151,491,516 4,915,809 0.03% - - 0.00% 2,819,444,651 18.22% 2,777,950,420 65,889,432 0.43% 58,250,549 - 0.00% 4,687,312 - 0.00% 83,800 7,143,150 0.05% 156,032,423 205,251,782 1.33% - $ 15,475,613,110 100.00% $ 14,719,012,980 (5,037,519,004) (4,183,134,996) 803,052,068 364,355,922 $ 11,241,146,174 $ 10,900,233,906 Taxable Appraised Value for Fiscal Year Ended September 30, 2020 2019 Amount $ 4,183,370,567 1,324,646,898 113,472,550 889,270 3,041,597 2,762,198,923 37,372,913 143,983,795 2,420,322,834 79,407,984 147,765 138,032,289 $ 11,212,960,087 (311,839,343) (1,927,403,569) 804,366,825 $ 9,778,084,000 % of Total 37.31 % 11.81% 1.01 % 0.01% 0.03% 24.63% 0.33% 1.28% 21.59% 0.71% 0.00% 1.23% 100.00% Amount $ 3,838,301,674 1,181,804,413 104,862,039 889,756 3,294,293 2,435,306,275 35,563,770 156,360,525 2,368,546,265 57,626,211 141,345,918 2,301,400 $ 10,332,099,800 (266,653,412) (1,601,787,897) 542,738,509 $ 9,006,397,000 % of Total 31.18% 10.92% 5.83% 0.28% 0.02% 29.93% 0.44% 0.01% 1.03% 0.00% 0.00% 18.87% 0.40% 0.03% 0.00% 1.06% 0.00% 100.00% % of Total 37.15% 11.44% 1.01 % 0.01% 0.03% 23.57% 0.34% 1.51% 22.92% 0.56% 1.37% 0.02% 100.00% Amount $ 4,055,852,478 1,462,256,277 889,073,802 285,889 2,245,101 4,522,990,402 68,359,881 1,251,440 136,163,131 3,032,443,149 21,899,049 5,058,482 5,389,469 160,229,980 $ 14,363,498,530 (181,316,322) (4,871,657,343) 916,027,135 $ 10,226,552,000 % of Total 28.24% 10.18% 6.19% 0.00% 0.02% 31.49% 0.48% 0.01% 0.95% 0.00% 0.00% 21.11% 0.15% 0.04% 0.04% 1.12% 0.00% 100.00% NOTE: Valuations shown are certified taxable assessed values reported by the Tarrant, Denton and Dallas Appraisal Districts to the State Controller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and the Appraisal District updates records. The Taxable Assessed Values include the tax incremental values within Reinvestment Zone Number One and Reinvestment Zone Number Two. The property taxes levied on such tax incremental values are not available for the City's general use. 21 TABLE 3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY Ratio Fiscal Taxable Tax Debt Tax Debt Funded Year Taxable Assessed Outstanding to Taxable Debt Ended Estimated Assessed Valuation at End Assessed Per 9/30 Population Valuation (3) Per Capita of Year Valuation Capita 2018 52,4900) $ 9,778,084,000 $ 186,285 $ 149,818,143 1.53% $2,854 2019 55,281 $ 9,006,397,000 $ 162,920 $ 160,052,553 1.78% $ 2,895 2020 50,750) 9,778,084,000 192,649 147,520,000 1.51% 2,906 2021 50,87il' 10,226,552,000 201,025 149,285,000 1.46% 2,935 2022 53,979(2) 10,900,233,906 201,935 137,870,000 1.26% 2,554 2023 53,985(2) 11,241,146,174 208,227 140,945,000 (4) 1.25% 2,611 (1) Source: United States Census data. (2) The City of Grapevine. (3) Source: The Appraisal Districts. The Taxable Assessed Values include the tax incremental values within Reinvestment Zone Number One and Reinvestment Zone Number Two, and the property taxes levied on such tax incremental values are not available for the City's general use. (4) Projected, includes the Certificates and self-supporting debt. Preliminary, subject to change. TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY Fiscal Year Distribution Ended Tax General Interest and % Current % Total 9/30 Rate Fund Sinking Fund Tax Levy Collections Collections 2019 $ 0.289271 $ 0.130614 $ 0.158657 $ 26,058,000 99.54% 99.54% 2020 0.284271 0.141579 0.142692 27,796,000 99.05% 99.05% 2021 0.282601 0.143476 0.139125 28,136,000 99.22% 99.30% 2022 0.271800 0.140400 0.131400 29,114,949 99.43% ... 99.43% 2023 0.271775 0.143681 0.128094 29,897,846 In Process of Collection (1) Preliminary information provided by City staff. TABLE 5 - TEN LARGEST TAXPAYERS 2022/23 % of Total Taxable Taxable Assessed Assessed Name of Taxpayer Nature of Property Valuation Valuation American Airlines Inc./Envoy Air Inc. Commercial Airline $ 557,205,459 4.96% Opryland Hotel Hotel 317,539,054 2.82% Grapevine Mills Mall Ltd. Partnership Regional Shopping Mall 236,257,000 2.10% Fund Riverwalk LLC Apartments 130,400,000 1.16% Great Wolf Lodge Grapevine LLC Hotel 128,244,310 1.14% WMCI Dallas IC LLC Commercial Building 101,700,000 0.90% Silver Oaks LP Apartments 97,800,000 0.87% GGIF Grapevine LP Apartments 94,208,071 0.84% Oncor Electric Delivery Co. Electric Service 93,009,180 0.83% Jefferson Silverlake LLC Apartments 90,500,000 0.81% $ 1,846,863,074 16.43% 22 GENERAL OBLIGATION DEBT LIMITATION ... No general obligation debt limitation is imposed on the City under current State law or the City's Home Rule Charter. However, Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum ad valorem tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. Administratively, the Attorney General of the State of Texas will permit allocation of $1.50 of the $2.50 maximum tax rate for all general obligation debt, based on 90% tax collection factor (see "THE CERTIFICATES — Tax Rate Limitation"). TABLE 6 - TAX ADEQUACY (t) 2023 Principal and Interest Requirements $ 11,285,345 $0.1015 Tax Rate at 99.00% Collection Produces $ 11,295,666 Average Annual Principal and Interest Requirements, 2023 - 2042 $ 8,125,792 $0.0731 Tax Rate at 99.00% Collection Produces $ 8,135,105 Maximum Principal and Interest Requirements, 2026 $ 12,030,855 $0.1082 Tax Rate at 99.00% Collection Produces $ 12,041,291 (1) Includes the Certificates. Excludes self-supporting debt. See "Table 1 — Valuation, Exemptions and General Obligation Debt" and "Table 10 — Computation of Self -Supporting Debt". Preliminary, subject to change. TABLE 7 - ESTIMATED OVERLAPPING DEBT Expenditures of the various taxing entities within the territory of the City are paid out of ad valorem taxes levied by such entities on properties within the City. Such entities are independent of the City and may incur borrowings to finance their expenditures. This statement of direct and estimated overlapping ad valorem tax debt ("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 Tax Debt since the date hereof, and such entities may have programs requiring the issuance of substantial amounts of additional Tax Debt, the amount of which cannot be determined. The following table reflects the estimated share of overlapping Tax Debt of the City. Taxing Jurisdiction City of Grapevine Carroll Independent School District Coppell Independent School District Dallas County Dallas County Community College District Dallas County Hospital District Denton County Grapevine-Colleyville Independent School District Northwest Independent School District Tarrant County Tarrant County College District Tarrant County Hospital District Total Direct and Overlapping Funded Debt 2022/23 Net City's Taxable 2022/23 Total Estimated Overlapping Assessed Tax Funded % Funded Debt Value Rate Debt Applicable 9/30/2022 $ 10,438,094,106 $ 0.271775 $ 132,315,000 ��� 100.00% $ 132,315,000 10,738,234,373 1.218800 311,395,000 5.63% 17,531,539 15,537,196,829 1.217300 335,954,846 2.25% 7,558,984 332,456,203,815 0.217946 236,605,000 0.10% 236,605 345,099,767,532 0.115899 110,835,000 0.10% 110,835 337,462,373,563 0,235800 559,905,000 0.10% 559,905 146,706,278,154 0,217543 611,835,000 0.01% 61,184 17,789,021,158 1.130800 311,711,018 55.51% 173,030,786 30,837,766,997 1.274600 1,353,929,040 0.17% 2,301,679 248,369,636,349 0.224000 404,360,000 5.19% 20,986,284 249,496,147,427 0.130170 610,315,000 5.19% 31,675,349 248,562,603,261 0.224429 12,825,000 5.19% 665,618 $ 387,033,766 Ratio of Direct and Overlapping Funded Debt to Taxable Assessed Valuation .............................................. 3.71 % Per Capita Overlapping Funded Debt.............................................................................. $ 7,169.28 (1) Includes the Certificates. Excludes the self-supporting debt. Preliminary, subject to change. 23 N A TABLE 8 - GENERAL OBLIGATION DEBT .SERVICE REQUIREMENTS Fiscal Less W&S Less TIF #2 Less Hotel Total Debt Year Total Self- Self- Occupancy Tax Less Self- % of Ended Outstanding Debt ��� The Certificates (2) Debt Supporting Supporting Self -Supporting Supporting Principal 9/30 Principal Interest Principal Interest Requirements Requirements Requirements Requirements Requirements Retired 2023 $ 10,645,000 $ 3,816,874 $ - $ 439,778 $ 14,901,652 $ 661,531 $ 2,295,350 $ 659,425 $ 11,285,345 2024 10,765,000 3,404,705 825,000 655,956 15,650,661 659,556 2,300,850 659,400 12,030,855 2025 11,160,000 3,064,042 750,000 616,581 15,590,624 666,056 2,308,000 658,625 11,957,942 2026 11,560,000 2,724,680 790,000 578,081 15,652,761 670,756 2,308,050 667,650 12,006,305 2027 9,250,000 2,385,236 835,000 537,456 13,007,693 667,456 - 665,725 11,674,511 37.32% 2028 9,160,000 2,128,557 880,000 494,581 12,663,139 667,256 - 509,600 11,486,282 2029 9,460,000 1,872,275 800,000 452,581 12,584,856 660,694 - 510,000 11,414,162 2030 9,235,000 1,627,786 840,000 411,581 12,114,368 671,719 - 11,442,649 2031 9,300,000 1,401,867 880,000 368,581 11,950,449 660,381 - - 11,290,067 2032 9,555,000 1,182,927 925,000 323,456 11,986,384 662,831 - - 11,323,552 70.99% 2033 9,770,000 959,786 975,000 275,956 11,980,742 659,375 - - 11,321,367 2034 5,160,000 764,806 875,000 229,706 7,029,512 664,922 - - 6,364,591 2035 5,305,000 603,178 920,000 184,831 7,013,009 650,000 - - 6,363,009 2036 4,770,000 448,769 425,000 151,206 5,794,975 - - - 5,794,975 2037 4,910,000 298,809 445,000 130,847 5,784,656 - - - 5,784,656 93.13% 2038 4,455,000 153,013 465,000 110,941 5,183,953 - - - 5,183,953 2039 2,130,000 54,450 485,000 89,553 2,759,003 - - - 2,759,003 2040 635,000 19,250 510,000 66,544 1,230,794 - - - 1,230,794 2041 645,000 6,450 535,000 41,375 1,227,825 - - - 1,227,825 2042 - - 560,000 14,000 574,000 574,000 100.00% $ 137,870,000 $ 26,917,462 $ 13,720,000 $ 6,173,594 $ 184,681,055 $ 8,622,535 $ 9,212,250 $ 4,330,425 $ 162,515,845 (1) "Outstanding Debt" does not include lease/purchase obligations, includes self-supporting debt that is secured by a pledge of ad valorem taxes. Includes the $935,000 of principal that the City has approved for early optional redemption on August 15, 2023. (2) Average life of the issue - 9.212 years. Interest on the Certificates has been calculated at the average rate of 4.32% for purposes of illustration. Preliminary, subject to change. TABLE 9 - INTEREST AND SINKING FUND BUDGET PROJECTION Tax Supported Debt Service Requirements, Fiscal Year Ending 9/30/2023 ............................. $ 11,285,345 Interest and Sinking Fund Balance as of 9/30/2022.................................. $ 7,560,480 Interest and Sinking Fund Tax Levy ............................................. 13,101,524 Penalty and Interest.......................................................... 220,000 20,882,004 Estimated Balance,9/30/2023............................................................... $ 9,596,659 (1) Excludes self-supporting debt. TABLE 10 - COMPUTATION OF SELF-SUPPORTING DEBT Tax Increment Reinvestment Zone (TIF #2) Revenue Available for Debt Service fromTax Increment Reinvestment Zone #2, Fiscal Year Ended 9-30-21 ........ $ 6,263,301 Requirements for Tax Increment Reinvestment Zone Obligations, 2022 Fiscal Year ............................ 2,295,100 Projected Fund Balance,9-30-22...................................................................$ 3,968,201 Percentage of Tax Increment Reinvestment Zone Revenue Obligations Self -Supporting ......................... 100.00% Hotel Occunancv Tax Fund Revenue Available for Debt Service from Hotel Occupancy Tax Fund, Fiscal Year Ended 9-30-21................ $ 18,176,518 Less: Revenue Bond Requirements, 2022 Fiscal Year ................................................... - Balance Available for Other Purposes............................................................... $ 18,176,518 Hotel Occupancy Tax Fund General Obligation Bond Requirements, 2022 Fiscal Year ......................... 658,675 Balance.......................................................................................$ 17,517,843 Percentage of Hotel Occupancy Tax Fund Obligations, Self -Supporting ..................................... 100.00% Waterworks and Sewer Svstem Revenue Fund Revenue Available for Debt Service from Waterworks and Sewer System Fund, Fiscal Year Ended 9-30-21 ........ $ 5,264,633 Less: Revenue Bond Requirements, 2022 Fiscal Year ................................................... - Balance Available for Other Purposes............................................................... $ 5,264,633 System General Obligation Bond Requirements, 2022 Fiscal Year ......................................... 666,688 Balance.......................................................................................$ 4,597,945 Percentage of Waterworks and Sewer System Fund, Self -Supporting ....................................... 100.00% TABLE 11 - AUTHORIZED BUT UNISSUED GENERAL OBLIGATION BONDS The City does not have any authorized but unissued general obligation debt. ANTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT ... The City does not anticipate the issuance of additional General Obligation debt within the next 12 months. TABLE 12 - OTHER OBLIGATIONS The City has no unfunded debt outstanding as of September 30, 2021. PENSION FUND The City of Grapevine participates as one of 895 plans in the defined benefit cash- balance plan administered by the Texas Municipal Retirement System (TMRS). TMRS is a statewide public retirement plan created by the State of Texas and administered in accordance with the TMRS Act, Subtitle G, Title 8, Texas Government Code (the TMRS Act) as an agent multiple -employer retirement system for employees of Texas participating cities. The TMRS Act places the general administration and management of TMRS with a six -member, Governor -appointed Board of Trustees; however, TMRS is not fiscally dependent on the State of Texas. TMRS issues a publicly available Annual Comprehensive Financial Report (Annual Report) that can be obtained at www.tmrs.com. All eligible employees of the city are required to participate in TMRS. Benefits Provided ... TMRS provides retirement, disability, and death benefits. Benefit provisions are adopted by the governing body of the city, within the options available in the state statutes governing TMRS. 25 At retirement, the benefit is calculated as if the sum of the employee's contributions, with interest, and the city -financed monetary credits with interest. Members may choose to receive their retirement benefit in one of seven payment options. Member may also choose to receive a portion of their benefit as a Partial Lump Sum Distribution in an amount equal to 12, 24, or 36 monthly payments, which cannot exceed 75% of the member's deposits and interest. Starting in 2005, the City of Grapevine granted an annually repeating (automatic) basis monetary credit referred to as an updated service credit (USC) which is a theoretical amount which considers salary increases or plan improvements. If at any time during their career an employee earns a USC, this amount remains in their account earning interest until retirement. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with interest and the employer match plus employer financed monetary credits such as USC, with interest were used to purchase an annuity. Additionally, initiated in 1998, the City provided on an annually repeating (automatic) basis cost of living adjustments (COLA) for retirees equal to a percentage of the change in the consumer price index (CPI). The plan provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS. Plan provisions for the City were as follows: Employee deposit rate 7.0% Matching ratio (city to employee) 2 to 1 Years required for vesting 5 Service retirement eligibility 20 years to any age, or 5 (expressed as age/years of service) years at age 60 and above Updated Service Credit 100% repeating, transfers Annutiy Increase (to retirees) 70% of CPI, repeating Emplovees Covered by Benefit Terms ... At the December 31, 2020 valuation and measurement date, the following employees were covered by the benefit terms: Inactive Employees or Beneficiaries Currently Receving Benefits 454 Inactive Employees Entitled to But Not Yet Receving Benefits 285 Active Employees 592 1,331 Contributions ... The contribution rates for employees in TMRS are either 5%, 6%, or 7% of employee gross earnings, and the city matching percentages are either 100%, 150%, or 200%, both as adopted by the governing body of the city. Under the state law governing TMRS, the contribution rate for each city is determined annually by the actuary, using the Entry Age Normal (EAN) actuarial cost method. The actuarially determined rate is the estimated amount necessary to finance the cost of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. Employees for the City were required to contribute 7% of their annual gross earnings during the fiscal year. The contribution rates for the City was 18.53 and 18.58% in calendar years 2020 and 2019, respectively. The city's contributions to TMRS for the year ended September 30, 2020, were $8,848,797, and were equal to the required contributions. Net Pension Liabilitv ... The city's Net Pension Liability (NPL) was measured as of December 31, 2019, and the Total Pension Liability (TPL) used to calculate the Net Pension Liability was determined by an actuarial valuation as of that date. Actuarial Assumptions ... The Total Pension Liability in the December 31, 2020 actuarial valuation was determined using the following actuarial assumptions: Inflation 2.5% per year Overall payroll growth 2.75% per year Investment Rate of Return 6.75% Salary increases were based on a service -related table. Mortality rates for active members, retirees, and beneficiaries were based on the gender distinct RP2000 Combined Healthy Mortality Tables with Blue Collar Adjustment with male rates multiplied by 109% and female rates multiplied by 103%. The rates are projected on a fully generational basis by scale BB to account for future mortality improvements. For disabled annuitants, the gender -distinct RP2000 Combined Healthy Mortality Tables with Blue Collar Adjustment are used with males' rates multiplied by 109% and female rates multiplied by 103% with a 3-year set - forward for both males and females. In addition, a 3% minimum mortality rate is applied to reflect the impairment for younger members who become disabled. The rates are projected on a fully generational basis by scale BB to account for future mortality improvements subject to the 3% floor. 26 The actuarial assumptions were developed primarily from the actuarial investigation of the experience of TMRS over the four- year period from December 31, 2014 to December 31, 2018. They were adopted in 2019 and first used in the December 31, 2019 actuarial valuation. The post -retirement mortality assumption for healthy annuitants and Annuity Purchase Rate (APRs) are based on the Mortality Experience Investigation Study covering 2009 through 2011 and dated December 31, 2013. In conjunction with these changes first used in the December 31, 2013 valuation, the System adopted the Entry Age Normal actuarial cost method and a one-time change to the amortization policy. Plan assets are managed on a total return basis with an emphasis on both capital appreciation as well as the production of income, to satisfy the short-term and long-term funding needs of TMRS. The long-term expected rate of return on pension plan investments was determined using a building-block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. In determining their best estimate of a recommended investment return assumption under the various alternative asset allocation portfolios, GRS focused on the area between (1) arithmetic mean (aggressive) without an adjustment for time (conservative) and (2) the geometric mean (conservative) with an adjustment for time (aggressive). The target allocation and best estimates of arithmetic real rates return for each major asset class in fiscal year 2020 are summarized in the following table: Long -Term Expected Real Target Rate of Return Asset Class Allocation (Arithmetic) Global Equity 30.0% 5.30% Core Fixed Income 10.0% 1.25% None -Core Fixed Income 20.0% 4.14% Real Return 10.0% 3.85% Real Estate 10.0% 4.00% Absolute Return 10.0% 3.48% Private Equity 10.0% 7.75% Total 100.0% Discount Rate The discount rate used to measure the total pension liability was 6.75%. The projection of cash flows used to determine the discount rate assumed that employee and employer contributions will be made at the rates specified in the statute. Based on that assumption, the pension plan's fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Balance at 12/31/2019 Changes for the year: Service cost Interest Difference between expected and actual experience Changes of assumptions Contributions - employer Contributions - employee Net investment income Benefit payments, including refunds of employee contributions Administrative expense Other changes Net changes Balance at 12/31/2019 Increase (Decrease) Total Pension Plan Fiduciary Net Pension Liability Net Position Liability (a) (b) (a) - (b) $ 303,673,126 $ 267,067,797 $ 36,605,329 8,865,558 - $ 8,865,558 20,359,202 - 20,359,202 (1,320,295) - (1,320,295) - 8,775,571 (8,775,571) - 3,315,113 (3,315,113) - 20,280,650 (20,280,650) (12,976,187) (12,976,187) - - (131,176) 131,176 - (5,118) 5,118 14,928,278 19,258,853 (4,330,575) $ 318,601,404 $ 286,326,650 $ 32,274,754 27 The following presents the net pension liability of the City, calculated using the discount rate of 6.75%, as well as what the City's net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower or 1-percentage-point higher than the current rate: City's Net Pension Liability Pension Plan Fiduciary Net Position 1%Decrease Discount 1%Increase in Discount Rate in Discount Rate (5.75%) (6.75%) Rate (7.75%) $ 76,451,912 $ 32,274,754 $ (4,109,876) Detailed information about the pension plan's Fiduciary Net Position is available in a separately issued TMRS financial report. The report may be obtained at www.tmrs.com. Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the year ended September 30, 2020, the City recognized pension expense of $4,473,755, which is allocated to the governmental and business -type activities in the amount of $4,081,549 and $392,206, respectively. At September 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Changes for the year: Difference between expected and actual economic experience Changes in actuarial assumptions Difference between projected and actual investment earnings Contributions subsequent to the measurement date Total Deferred Outflows Deferred Inflows of Resources 371,941 117,323 6,863,006 7,352,270 of Resources $ 1,584,509 7,590,970 $ 9,175,479 $6,863,006 reported as deferred outflows of resources related to pension resulting from contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability for the year ending September 30, 2021. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: For the Year Ended September 30, 2022 $ (3,287,695) 2023 (114,230) 2024 (4,653,924) 2025 (630,366) Total $ (8,686,215) OTHER POSTEMPLOYMENT BENEFITS The City provides certain health care and life insurance benefits through an agent, multiple -employer, defined benefit OPEB plan, under City ordinance, for all full and part-time employees that meet eligibility requirements. Eligible individuals include retired employees who have satisfied the requirement as defined by the Texas Municipal Retirement System and their dependents that were covered prior to retirement. The requirement as defined by the Texas Municipal Retirement System is any age with 20 years of service or 5 years of service for age 60 and above. City Council members that serve three terms will be classified as retired employees when they leave office. Retirees pay premiums for coverage in the OPEB programs. There is not a maximum employer paid premium amount (capped benefit). Active employees do not contribute to the retiree health care plan. Retirees are eligible for benefits immediately upon retirement. If the employee returns to work for an employer that offers health coverage, they become ineligible for the City's plan and cannot rejoin the City's health plan at a later date. Benefits Provided Retirees are eligible for medical, dental, vision, and prescription insurance until they become Medicare eligible. Retirees are also eligible for a $20,000 life insurance policy. Once Medicare eligible, retirees are eligible for dental, vision, and life insurance only. At that time, the City medical plan will no longer be available. The City supplements 70% of the premium to all retirees who either (1) retire after the age of 65 or (2) are covered pre -Medicare in the retiree medical program. Spouses of retirees will receive the City supplement if they have been on the plan for one year prior to retirement. 28 If an active employee passes away, the spouse and dependents will become eligible for retiree coverage if (1) the employee was eligible for retirement as defined by the Texas Municipal Retirement System; and (2) the employee had dependent coverage at the time of death. Coverage will continue under the plan if monthly retiree premiums are paid by the specified due date, until dependents are no longer considered eligible dependents as defined by the plan, until the covered dependent becomes Medicare eligible, or until a surviving spouse remarries. For the fiscal year ended September 30, 2021, the City's contributions to the plan were $1,730,980 which was equal to benefit payments. The number of employees currently covered by the benefit terms is as follows: Inactive Employees or Beneficiaries Currently Receving Benefits 238 Active Members 599 Total 837 Actuarial Methods and Assumptions Significant methods and assumptions were as follows: Actuarial Valuation Date 12/31/2020 Actuarial Cost Method Individual Entry Age Normal Cost Method Discount Rate 2.04% as of December 31, 2020 Inflation Rate 2.50% Salary Increases 3.50% to 11.50%, including inflation Demographic Assumptions Based on the experience study covering the four-year period ending December 31, 2018 as conducted for the Texas Municipal Retirement System (TMRS) Mortality For healthy retirees, the gender -distinct 2019 Municipal Retirees of Texas mortality tables are used. The rates are projected on a fully generational basis using the ultimate mortality improvement rates in the MP tables to account for future mortality improvements Participation Rates For health care coverage: 85% for retirees who are at least 50 years old at retirement and 65% for retirees who are younger than 50 years old at retirement; For life insurance: 85% regardless of age at retirement Health Care Cost Trend Rates Pre-65 Medical: Initial rate of 7.00% declining to an ultimate rate of 4.25% after 13 years; Post-65 Medical Subsidy: Increases with inflation; Dental 4.00%; Vision 3.00% Note: The Single Discount Rate changed from 2.95% as of December 31, 2019 to 2.04% as of December 31, 2020. The long -term investment return assumption was changed from 6.75% to 6.25%. Projections of health benefits are based on the plan as understood by the City and include the types of benefits in force at the valuation date and the pattern of sharing benefit costs between the City and its employees to that point. Actuarial calculations reflect a long-term perspective and employ methods and assumptions that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. There is no separately issued audited benefit plan report available for the City's OPEB plan. Discount Rate A single discount rate of 2.04% was used to measure the total OPEB liability. This single discount rate was based on the municipal bond rates as of the measurement date. The source of the municipal bond rate was fixed -income municipal bonds with 20 years to maturity that include only federally tax-exempt municipal bonds as reported in Fidelity Index's "20-year Municipal GO AA Index" based on the daily rate closest to but not later than the measurement date. 29 For the purpose of this valuation, the expected rate of return on OPEB plan investments is 6.25%. Discount Rate Sensitivitv Analvsis The following schedule shows the impact of the net OPEB liability if the discount rate used was 1% less than and 1% greater than the discount rate that was used (2.95%) in measuring the net OPEB liability. 1%Decrease Discount 1% Increase in Discount Rate in Discount Rate (1.04%) (2.04%) Rate (3.04%) City's Net OPEB Liability $ 102,364,655 $ 88,107,329 $ 76,517,535 OPEB Liabilities, OPEB Expense, and Deferred Outflows ofResources Related to OPEBs At September 30, 2021, the City reported a liability of $88,107,329 for its net OPEB liability. The net OPEB liability was determined by an actuarial valuation as of December 31, 2020. For the year ended September 30, 2021, the City recognized OPEB expense of $8,2087,067 which is allocated to governmental and business -type activities in the amounts of $7,381,757 and $826,310, respectively. There were no changes of benefit terms that affected measurement of the net OPEB liability during the measurement period. Balance at 12/31/2019 Changes for the year: Service cost Interest Difference between expected and actual experience Changes of assumptions Contributions - employer Net investment income Benefit payments Administrative expense Net changes Balance at 12/31/2019 Increase (Decrease) Total OPEB Plan Fiduciary Net OPEB Liability Net Position Liability (a) (b) (a) - (b) $ 77,878,304 $ 2,271,736 $ 75,606,568 4,841,226 2,339,946 (3,113,851) 10,638,856 1,957,430 261,069 (1,957,430) (1,957,430) - (13,083) 12,748,747 247,986 $ 90,627,051 $ 2,519,722 4,841,226 2,339,946 (3,113,851) 10,638,856 (1,957,430) (261,069) 13,083 12,500,761 $ 88,107,329 Changes in assumptions and other inputs reflect a change in the discount rate from 2.95% to 2.04%. At September 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Changes for the year: Difference between expected and actual economic experience $ 94,471 $ 3,686,187 Changes in actuarial assumptions 15,863,118 4,975,339 Difference between projected and actual investment earnings - 138,242 Contributions subsequent to the measurement date 1,334,148 - Total $ 17,291,737 $ 8,799,768 $1,334,148 reported as deferred outflows of resources related to OPEB resulting from contributions subsequent to the measurement date are due to benefit payments the City paid with own assets and will be recognized as a reduction of the net OPEB liability for the year ending September 30, 2022. Other amounts of the reported as deferred outflows and inflows of resources related to OPEB will be recognized in OPEB expense as follows: For the Year Ended September 30, 2022 $ 1,166,711 2023 1,172,606 2024 1,139,181 2025 695,405 2026 1,552,992 Thereafter 1,430,926 Total $ 7,157,821 30 FINANCIAL INFORMATION TABLE 13 — CHANGES IN NET POSITION (1) Fiscal Year Ended September 30, Revenues: 2021 2020 2019 2018 2017 Proeram Revenues Charges for Services $ 19,139,898 $ 15,420,184 $ 19,951,339 $ 21,295,533 $ 21,563,067 Operating Grants and Contributions 8,887,856 3,576,140 992,824 2,200,146 1,078,764 Capital Grants and Contributions 12,213,609 6,732,982 23,230,376 5,006,869 8,171,034 General Revenues Property Taxes 34,037,464 33,160,755 30,848,837 28,561,385 26,027,260 Hotel Occupancy Taxes 12,625,773 11,721,385 20,767,302 19,875,456 18,800,663 Sales Taxes 56,914,190 51,111,959 59,297,844 56,029,012 53,853,888 Mixed Beverage Taxes 1,793,124 1,477,422 2,145,940 1,792,674 1,733,258 Franchise Fees 5,978,215 6,182,482 6,898,111 7,144,793 6,602,482 Investment Earnings 26,472 1,893,007 3,783,555 2,736,937 1,523,410 Miscellaneous 263,502 864,931 420,084 331,280 579,445 Gain (Loss) on Sale/Retirement of Capital Assets 711,133 226,500 2,075,942 261,806 1,604,953 Total Revenues $ 152,591,236 $ 132,367,747 $ 170,412,154 $ 145,235,891 $ 141,538,224 Expenses: General Government $ 20,933,648 $ 21,449,315 $ 18,382,135 $ 19,230,968 $ 20,417,359 Public Safety 38,778,212 41,527,731 38,471,701 35,954,134 35,650,701 Culture and Recreation 22,801,979 22,432,175 21,340,649 19,596,646 21,087,425 Public Works 15,786,659 18,875,598 17,929,564 16,825,724 16,585,032 Transportation 9,367,306 8,642,110 10,046,960 9,466,562 9,077,750 Economic Development 8,712,593 4,881,449 5,122,449 14,954,202 9,757,152 Tourism 17,559,893 16,982,374 23,886,464 21,561,351 20,506,911 Interest on Long -Term Debt 5,288,645 5,822,973 5,311,983 5,173,776 5,332,385 Total Expenses $ 139,228,935 $ 140,613,725 $ 140,491,905 $ 142,763,363 $ 138,414,715 Increase in Net Position before Transfers $ 13,362,301 $ (8,245,978) $ 29,920,249 $ 2,472,528 $ 3,123,509 Transfers 406,616 5,888,820 6,950,707 3,019,894 3,199,377 Changes in Net Position $ 13,768,917 $ (2,357,158) $ 36,870,956 $ 5,492,422 $ 6,322,886 Net Position - October 1 272,492,323 275,545,490 237,943,782 262,262,744 240,766,155 Prior Period Adjustments (3,358,000) (696,009) 730,752 (29,811,384) 15,173,703 Net Position - September 30 $ 282,903,240 $ 272,492,323 $ 275,545,490 $ 237,943,782 $ 262,262,744 (1) Includes Net Position for the City's governmental activities but excludes business -type activities. 31 TABLE 13A - GENERAL FUND REVENUES AND EXPENDITURE HISTORY Fiscal Year Ended September 30, Revenues 2021 2020 2019 2018 2017 Taxes (1) $ 49,764,146 $ 46,193,029 $ 50,210,907 $ 48,305,242 $ 45,145,628 Licenses and Permits 1,459,940 1,344,611 1,969,000 1,603,621 1,883,200 Intergovernmental 3,988,244 326,563 380,269 313,451 246,229 Charges for Services 5,588,363 5,087,860 5,406,622 5,569,528 5,445,726 Fines and Forfeitures 933,618 1,012,037 1,509,299 1,564,586 1,775,990 Interest and Miscellaneous 480,070 691,993 732,074 737,941 814,901 Total Revenues $ 62,214,381 $ 54,656,093 $ 60,208,171 $ 58,094,369 $ 55,311,674 Expenditures General Government $ 17,575,948 $ 17,399,113 $ 15,435,676 $ 16,181,883 $ 16,883,362 Public Safety 16,566,868 16,358,908 16,198,439 15,484,977 14,585,498 Culture and Recreation 14,218,244 14,080,930 13,299,784 12,283,748 12,555,064 Capital Outlay 85,576 734,516 264,387 109,711 148,957 Public Works 8,746,656 8,686,679 8,524,275 8,445,372 7,789,478 Debt Service 4,335 3,675 122,768 138,071 178,694 Total Expenditures $ 57,197,627 $ 57,263,821 $ 53,845,329 $ 52,643,762 $ 52,141,053 Excess (Deficiency) of Revenues Over Expenditures $ 5,016,754 $ (2,607,728) $ 6,362,842 $ 5,450,607 $ 3,170,621 Other Financine Sources Budgeted Transfers In $ 3,872,309 $ 7,817,342 $ 3,907,798 $ 3,973,143 $ 3,925,937 Sale of Capital Assets 648,452 132,665 156,217 310,757 25,657 Insurance Recoveries 454,548 - - - - Issuance of Debt - 42,374 Budgeted Transfers Out (2) (9,983,504) (7,515,828) (12,276,630) (8,454,200) (7,461,000) Total Transfers $ (5,008,195) $ 476,553 $ (8,212,615) $ (4,170,300) $ (3,509,406) Net Increase (Decrease) $ 8,559 $ (2,131,175) $ (1,849,773) $ 1,280,307 $ (338,785) Prior Period Adjustment - (589,801.00) 589,801.00 1,880,068 - Beginning Fund Balance 11,574,295 14,295,271 15,555,243 12,394,868 12,733,653 Ending Fund Balance $ 11,582,854 $ 11,574,295 $ 14,295,271 $ 15,555,243 $ 12,394,868 (1) Includes ad valorem property taxes, mixed beverage taxes, sales and use taxes, and franchise taxes. (2) The interfund transfers are budgeted and planned to support expenditures of non -major governmental funds, primarily the City's Quality of Life fund. TABLE 14 - MUNICIPAL SALES TAX HISTORY The City has adopted the Municipal Sales and Use Tax Act, Texas Tax Code, Chapter 321, which grants the City the power to impose and levy a 1% Local Sales and Use Tax within the City; the proceeds are credited to the General Fund and are not pledged to the payment of the Certificates. Collections and enforcements are effected through the offices of the Comptroller of Public Accounts, State of Texas, who remits the proceeds of the tax, after deduction of a 2% service fee, to the City monthly. Fiscal Year 1% % of Equivalent of Ended Total Ad Valorem Ad Valorem Per 9/30 Collected (1) Tax Levy Tax Rate Capita 2018 $ 28,286,627 117.05% $0.2893 $ 539 2019 29,863,646 114.60% 0.3316 540 2020 25,758,869 92.67% 0.2634 508 2021 28,590,889 101.62% 0.2796 562 2022 33,539,48312) 115.20% 0.3077 621 (1) Reflects general municipal sales tax rate only (1%), which does not include the cent levied for the City's Crime Control District and cent for economic development. Pursuant to Chapter 505, Texas Local Government Code, as amended. (2) Preliminary information provided by City staff. 32 FINANCIAL POLICIES Basis of Accounting ... The accounting policies of the City conform to generally accepted accounting principles for governmental entities as promulgated by the Government Accounting Standards Board. The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. All governmental funds are accounted for using a current financial resources measurement focus. With this measurement focus, only current assets and current liabilities generally are included on the combined balance sheet. Operating statements of these funds present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. All proprietary and trust funds are accounted for on a flow of economic resources measurement focus. With this measurement focus, all assets and all liabilities associated with the operation of these funds are included on the combined statement of net assets. Net assets is segregated into net assets invested in capital assets, net of related debt, restricted net assets and uninvested net assets. Proprietary fund -type operating statements present increases (revenues) and decreases (expenses) in net total net assets. The modified accrual basis of accounting is used by all governmental funds types. Under the modified accrual basis of accounting revenues are recognized when susceptible to accrual (i.e., when they become both measurable and available). "Measurable" means collectible within the current period of soon enough thereafter to be used to pay liabilities of the current period. Expenditures are generally recorded when the related fund liability is incurred. However, principal of and interest on general long-term debt are recorded as fund liabilities when due or when amounts have been accumulated in the debt service fund for payments to be made early in the following year. Major revenue sources which have been treated as susceptible to accrual under the modified basis of accounting include property taxes, charges for services, intergovernmental revenues, and investment of idle funds. The accrual basis of accounting is utilities by proprietary and trust funds. Under this method, revenue is recorded when earned and expenses are recorded at the time liabilities are incurred. Fund Balances ... Section B, Number 5.0 of the Grapevine Administrative Policy Manual establishes the fund balance reserve policy to ensure fund availability for unforeseen emergencies that would severely impact the City's ability to pay for basic operations and guarantee the payment of debt obligations. Any exceptions are to be noted at the time the budget is approved. The emergency reserve is established at the following minimum levels: • General Fund — 20% (72 days) of total current budgeted expenditures. • Debt Service Fund — 20% (72 days) of total current budgeted net debt service expenditures. • Convention & Visitors Fund — 16% (60 days) of total current budgeted expenditures. • Utility Enterprise Fund — working capital reserves of 16% (60 days) of total budgeted expenses. • Lake Enterprise Fund — working capital reserves of 25% (90 days) of total budgeted expenses. Use of Bond Proceeds ... The City's policy is to use bond proceeds for capital expenditures only. Such revenues are never to be used to fund normal City operations. Budgetary Procedures... The City Charter establishes the fiscal year as the twelve-month period beginning each October 1. Each year between May and July, the City Manager analyzes and then after review, submits a budget of estimated revenues and expenditures to the City Council. Subsequently, the City Council will hold work sessions to discuss and amend the budget to coincide with their direction of the City. Various public hearings may be held to comply with state and local statutes. The City Council will adopt a budget prior to September 30. If the Council fails to adopt a budget then the budget presented to the Council by the City Manager becomes the adopted budget. During the fiscal year, budgetary control is maintained by the monthly review of departmental appropriation balances. Actual operations are compared to the amounts set forth in the budget. Departmental appropriations that have not been expended lapse at the end of the fiscal year. Therefore, funds that were budgeted and not used by the departments during the fiscal year are not available for their use unless appropriated in the ensuing fiscal year's budget. 33 INVESTMENTS The City invests its investable funds in investments authorized by State law in accordance with investment policies approved by the City Council of the City. Both State law and the City's investment policies are subject to change. LEGAL INVESTMENTS ... Under State law, the City is authorized to invest in: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities, including the Federal Home Loan Banks; (2) direct obligations of the State or its agencies and instrumentalities; (3) collateralized mortgage obligations 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 and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation (the "FDIC") or by the explicit full faith and credit of the United States; (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) bonds issued, assumed, or guaranteed by the State of Israel; (7) interest -bearing banking deposits that are guaranteed or insured by the FDIC or the National Credit Union Share Insurance Fund (the "NCUSIF") or their respective successors; (8) interest -bearing banking deposits, other than those described in clause (7), that (i) are invested through a broker or institution with a main office or branch office in this state and selected by the City in compliance with the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended (the "PFIA"), (ii) the broker or institution arranges for the deposit of the funds in one or more federally insured depository institutions, wherever located, for the City's account, (iii) the full amount of the principal and accrued interest of the banking deposits is insured by the United States or an instrumentality of the United States, and (iv) the City appoints as its custodian of the banking deposits, in compliance with the PFIA, the institution in clause (8)(i) above, a bank, or a broker -dealer; (9) certificates of deposit and share certificates meeting the requirements of the PFIA (i) that are issued by an institution that has its main office or a branch office in the State and are guaranteed or insured by the FDIC or the NCUSIF, or their respective successors, or are secured as to principal by obligations described in clauses (1) through (8), above, or secured in accordance with Chapter 2257, Texas Government Code, or in any other manner and amount provided by law for City deposits, or (ii) certificates of deposit where (a) the funds are invested by the City through a broker or institution that has a main office or branch office in the State and selected by the City in compliance with the PFIA, (b) the broker or institution arranges for the deposit of the funds in one or more federally insured depository institutions, wherever located, for the account of the City, (c) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and (d) the City appoints, in compliance with the PFIA, the institution in clause (9)(ii)(a) above, a bank, or broker - dealer as custodian for the City with respect to the certificates of deposit; (10) fully collateralized repurchase agreements that have a defined termination date, are secured by a combination of cash and obligations described by clause (1) above or clause (12) below, which are pledged to the City, held in the City's name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City, and are placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in the State; (11) certain bankers' acceptances with a stated maturity of 270 days or less, if the short-term obligations of the accepting bank, or of the holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or the equivalent by at least one nationally recognized credit rating agency; (12) commercial paper with a stated maturity of 365 days or less that is rated at least A-1 or P-1 or an equivalent by either (i) two nationally recognized credit rating agencies, or (ii) one nationally recognized credit rating agency if the commercial paper is fully secured by an irrevocable letter of credit issued by a United States or state bank; (13) no-load money market mutual funds registered with and regulated by the SEC that provide the City with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940 and complies with SEC Rule 2a-7; (14) no-load mutual funds that are registered and regulated by the SEC that have a weighted maturity of less than two years and either (i) have a duration of one year or more and are invested exclusively in obligations approved in this paragraph, or (ii) have a duration of less than one year and the investment portfolio is limited to investment grade securities, excluding asset backed securities; (15) guaranteed investment contracts that have a defined termination date and are secured by obligations described in clause (1), excluding obligations which the City is explicitly prohibited from investing in, and in an amount at least equal to the amount of bond proceeds invested under such contract; and (16) securities lending programs if (i) the securities loaned under the program are 100% collateralized, including accrued income, (ii) a loan made under the program allows for termination at any time, (iii) a loan made under the program is either secured by (a) obligations described in clauses (1) through (8) above, (b) irrevocable letters of credit issued by a state or national bank that is continuously rated by a nationally recognized investment rating firm at not less than A or its equivalent, or (c) cash invested in obligations described in clauses (1) through (8) above, clauses (12) through (14) above, or an authorized investment pool, (iv) the terms of a loan made under the program require that the securities being held as collateral be pledged to the City, held in the City's name, and deposited at the time the investment is made with the City or with a third party designated by the City, (v) a loan made under the program is placed through either a primary government securities dealer or a financial institution doing business in the State, and (vi) the agreement to lend securities has a term of one year or less. The City may invest in such obligations directly or through government investment pools that invest solely in such obligations provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service. The City may also contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control for a term up to two years, but the City retains ultimate responsibility as fiduciary of its assets. In order to renew or extend such a contract, the City must do so by order, ordinance, or resolution. The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying 34 mortgage -backed security collateral and pay no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage -backed security and bear no interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. INVESTMENT POLICIES ... Under State law, the City is required to invest its funds under written investment policies that primarily emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of investment management; and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any individual investment, maximum average dollar -weighted maturity allowed for pooled fund groups, methods to monitor the market price of investments acquired with public funds, a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis, and procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the PFIA. All City funds must be invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment. Each hivestment 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. The investment officer of a local government is allowed to invest bond proceeds or pledged revenue only to the extent permitted by the PFIA and in accordance with (i) statutory provisions governing the debt issuance (or lease, installment sale, or other agreement) and (ii) the local government's investment policy regarding the debt issuance or the agreement. Under State law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment officers of the City shall submit an investment report detailing: (1) the investment position of the City, (2) that all investment officers jointly prepared and signed the report, (3) the beginning market value, ending market value and the fully accrued interest of each pooled fund group for the reporting period, (4) the book value and market value of each separately listed asset at the end of the reporting period, (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group for which each individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted investment strategy statements and (b) State law. No person may invest City funds without express written authority from the City Council. ADDITIONAL PROVISIONS ... Under State law, the City is additionally required to: (1) annually review its adopted policies and strategies; (2) adopt a rule, order, ordinance or resolution stating that it has reviewed its investment policy and investment strategies and records any changes made to either its investment policy or investment strategy in the respective rule, order, ordinance or resolution; (3) require any investment officers with personal business relationships or relatives with firms seeking to sell securities to the City to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (4) require the qualified representative of firms offering to engage in an investment transaction with the City to: (a) receive and review the City's investment policy, (b) acknowledge that reasonable controls and procedures have been implemented to preclude investment transactions conducted between the City and the business organization that are not authorized by the City's investment policy (except to the extent that this authorization is dependent on an analysis of the makeup of the City's entire portfolio, requires an interpretation of subjective investment standards or relates to investment transactions of the entity that are not made through accounts or other contractual arrangements over which the business organization has accepted discretionary investment authority) and (c) deliver a written statement in a form acceptable to the City and the business organization attesting to these requirements; (5) perform an annual audit of the management controls on investments and adherence to the City's investment policy; (6) provide specific investment training for the City's designated Investment Officer; (7) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse repurchase agreement funds to no greater than the term of the reverse purchase agreement; (8) restrict the investment in no-load mutual funds in the aggregate to no more than 15% of the City's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service; (9) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation, and advisory board requirements; and (10) at least annually review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. TABLE )5- CURRENT INVESTMENTS As of September 30, 2022 the City's investable funds were invested in the following categories: Percent of Book Market Description Book Value Value Value TexPool/LOGIC 97.12% $ 135,133,162 $ 135,133,162 Certificates of Deposit 2.88% 4,005,880 4,005,880 100.00% $ 139,139,042 $ 139,139,042 35 TAX MATTERS The following discussion of certain federal income tax considerations is for general information only and is not tax advice. Each prospective purchaser of the Certificates should consult its own tax advisor as to the tax consequences of the acquisition, ownership, and disposition of the Certificates. TAX EXEMPTION In the opinion of Bracewell LLP, Bond Counsel, under existing law, interest on the Certificates is (i) excludable from gross income for federal income tax purposes under section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and (ii) not an item of tax preference for purposes of the alternative minimum tax on individuals. The Code imposes a number of requirements that must be satisfied for interest on state or local obligations, such as the Certificates, to be excludable from gross income for federal income tax purposes. These requirements include limitations on the use of bond proceeds and the source of repayment of bonds, limitations on the investment of bond proceeds prior to expenditure, a requirement that excess arbitrage earned on the investment of bond proceeds be paid periodically to the United States and a requirement that the issuer file an information report with the Internal Revenue Service (the "Service"). The City has covenanted in the Ordinance that it will comply with these requirements. Bond Counsel's opinion will assume continuing compliance with the covenants of the Ordinance pertaining to those sections of the Code that affect the excludability of interest on the Certificates from gross income for federal income tax purposes and, in addition, will rely on representations by the City, and other parties involved in the issuance of the Certificates with respect to matters solely within the knowledge of the City and such other parties, which Bond Counsel has not independently verified. If the City fails to comply with the covenants in the Ordinance or if such representations are determined to be inaccurate or incomplete, interest on the Certificates could become includable in gross income from the date of delivery of the Certificates, regardless of the date on which the event causing such inclusion occurs. Except as stated above, Bond Counsel will express no opinion as to the amount of interest on the Certificates or any federal, state or local tax consequences resulting from the receipt or accrual of interest on, or acquisition, ownership or disposition of, the Certificates. Bond Counsel's opinions are based on existing law, which is subject to change. Such opinions are further based on Bond Counsel's knowledge of facts as of the date thereof. Bond Counsel assumes no duty to update or supplement its opinions to reflect any facts or circumstances that may thereafter come to Bond Counsel's attention or to reflect any changes in any law that may thereafter occur or become effective. Moreover, Bond Counsel's opinions are not a guarantee of result and are not binding on the Service; rather, such opinions represent Bond Counsel's legal judgment based upon its review of existing law and in reliance upon the representations and covenants referenced above that it deems relevant to such opinions. The Service has an ongoing audit program to determine compliance with rules that relate to whether interest on state or local obligations is includable in gross income for federal income tax purposes. No assurance can be given as to whether or not the Service will commence an audit of the Certificates. If an audit is commenced, in accordance with its current published procedures the Service is likely to treat the City as the taxpayer and the Owners may not have a right to participate in such audit. Public awareness of any future audit of the Certificates could adversely affect the value and liquidity of the Certificates, regardless of the ultimate outcome of the audit. ADDITIONAL FEDERAL INCOME TAX CONSIDERATIONS Collateral Tax Consequences Prospective purchasers of the Certificates should be aware that the ownership of tax-exempt obligations may result in collateral federal income tax consequences, including but not limited those noted below. Therefore, prospective purchasers of the Certificates should consult their own tax advisors as to the tax consequences of the acquisition, ownership and disposition of the Certificates. For tax years beginning after December 31, 2022, an "applicable corporation" (as defined in section 59(k) of the Code) may be subject to a 15% alternative minimum tax imposed under section 55 of the Code on its "adjusted financial statement income" (as defined in section 56A of the Code) for such taxable year. Because interest on tax-exempt obligations, such as the Certificates, is included in a corporation's "adjusted financial statement income," ownership of the Certificates could subject certain corporations to alternative minimum tax consequences. Ownership of tax-exempt obligations also may result in collateral federal income tax consequences to financial institutions, life insurance and property and casualty insurance companies, certain S corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations, low and middle income taxpayers otherwise qualifying for the health insurance premium assistance credit and individuals otherwise qualifying for the earned income tax credit. hi addition, certain foreign corporations doing business in the United States may be subject to the "branch profits tax" on their effectively connected earnings and profits, including tax-exempt interest such as interest on the Certificates. Prospective purchasers of the Certificates should also be aware that, under the Code, taxpayers are required to report on their returns the amount of tax-exempt interest, such as interest on the Certificates, received or accrued during the year. 36 Tax Accounting Treatment of Original Issue Premium The issue price of all or a portion of the Certificates may exceed the stated redemption price payable at maturity of such Certificates. Such Certificates (the "Premium Certificates") are considered for federal income tax purposes to have "bond premium" equal to the amount of such excess. The basis of a Premium Bond in the hands of an initial owner is reduced by the amount of such excess that is amortized during the period such initial owner holds such Premium Bond in determining gain or loss for federal income tax purposes. This reduction in basis will increase the amount of any gain or decrease the amount of any loss recognized for federal income tax purposes on the sale or other taxable disposition of a Premium Bond by the initial owner. No corresponding deduction is allowed for federal income tax purposes for the reduction in basis resulting from amortizable bond premium. The amount of bond premium on a Premium Bond that is amortizable each year (or shorter period in the event of a sale or disposition of a Premium Bond) is determined using the yield to maturity on the Premium Bond based on the initial offering price of such Premium Bond. The federal income tax consequences of the purchase, ownership and redemption, sale or other disposition of Premium Certificates that are not purchased in the initial offering at the initial offering price may be determined according to rules that differ from those described above. All owners of Premium Certificates should consult their own tax advisors with respect to the determination for federal, state, and local income tax purposes of amortized bond premium upon the redemption, sale or other disposition of a Premium Bond and with respect to the federal, state, local, and foreign tax consequences of the purchase, ownership, and sale, redemption or other disposition of such Premium Certificates. Tax Accounting Treatment of Original Issue Discount The issue price of all or a portion of the Certificates may be less than the stated redemption price payable at maturity of such Certificates (the "Original Issue Discount Certificates"). In such case, the difference between (i) the amount payable at the maturity of each Original Issue Discount Bond, and (ii) the initial offering price to the public of such Original Issue Discount Bond constitutes original issue discount with respect to such Original Issue Discount Bond in the hands of any owner who has purchased such Original Issue Discount Bond in the initial public offering of the Certificates. Generally, such initial owner is entitled to exclude from gross income (as defined in section 61 of the Code) an amount of income with respect to such Original Issue Discount Bond equal to that portion of the amount of such original issue discount allocable to the period that such Original Issue Discount Bond continues to be owned by such owner. Because original issue discount is treated as interest for federal income tax purposes, the discussions regarding interest on the Certificates under the captions "TAX MATTERS — Tax Exemption" and "TAX MATTERS — Additional Federal Income Tax Considerations — Collateral Tax Consequences" and "—Tax Legislative Changes" generally apply and should be considered in connection with the discussion in this portion of the Official Statement. In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Bond prior to stated maturity, however, the amount realized by such owner in excess of the basis of such Original Issue 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 Original Issue Discount Bond was held by such initial owner) is includable in gross income. The foregoing discussion assumes that (i) the Initial Purchaser has purchased the Certificates for contemporaneous sale to the public and (ii) all of the Original Issue Discount Certificates have been initially offered, and a substantial amount of each maturity thereof has been sold, to the general public in arm's-length transactions for a price (and with no other consideration being included) not more than the initial offering prices thereof stated on the inside cover page of this Official Statement. Neither the City nor Bond Counsel has made any investigation or offers any comfort that the Original Issue Discount Certificates will be offered and sold in accordance with such assumptions. Under existing law, the original issue discount on each Original Issue Discount Bond accrues daily to the stated maturity thereof (in amounts calculated as described below for each six-month period ending on the date before the semiannual anniversary dates of the date of the Certificates and ratably within each such six-month period) and the accrued amount is added to an initial owner's basis for such Original Issue Discount Bond for purposes of determining the amount of gain or loss recognized by such owner upon the redemption, sale or other disposition thereof. The amount to be added to basis for each accrual period is equal to (i) the sum of the issue price and the amount of original issue discount accrued in prior periods multiplied by the yield to stated maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period) less (ii) the amounts payable as current interest during such accrual period on such Bond. The federal income tax consequences of the purchase, ownership, and redemption, sale or other disposition of Original Issue Discount Certificates that are not purchased in the initial offering at the initial offering price may be determined according to rules that differ from those described above. All owners of Original Issue Discount Certificates should consult their own tax advisors with respect to the determination for federal, state, and local income tax purposes of interest accrued upon redemption, sale or other disposition of such Original Issue Discount Certificates and with respect to the federal, state, local and foreign tax consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount Certificates. Tax Legislative Changes Current law may change so as to directly or indirectly reduce or eliminate the benefit of the excludability of interest on the Certificates from gross income for federal income tax purposes. Any proposed legislation, whether or not enacted, could also affect the value and liquidity of the Certificates. Prospective purchasers of the Certificates should consult with their own tax advisors with respect to any recently -enacted, proposed, pending or future legislation. 37 CONTINUING DISCLOSURE OF INFORMATION In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Certificates. Under the agreement, the City will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified material events, to the Municipal Securities Rulemaking Board (the "MSRB"). This information will be available free of charge from the MSRB via the Electronic Municipal Market Access ("EMMA") system at www.emma.msrb.org. ANNUAL REPORTS ... The City will provide to the MSRB updated financial information and operating data annually. The information to be updated includes quantitative financial information and operating data with respect to the City of the general type included in this Official Statement under the Tables numbered 1 through 6 and 8 through 15. The City will update and provide this information in the numbered tables within six months after the end of each fiscal year ending in or after 2022 and, if then available, audited financial statements of the City. If audited financial statements are not available when the information is provided, the City will provide audited financial statements when and if they become available, but in any event within 12 months after the end of each fiscal year. If the audit of such financial statements is not complete within 12 months after any such fiscal year end, then the City shall file unaudited financial statements within such 12-month period and audited financial statements for the applicable fiscal year, when and if the audit report on such statements becomes available. Any such financial statements will be prepared in accordance with the accounting principles described in Appendix A or such other accounting principles as the City may be required to employ from time to time pursuant to State law or regulation. The financial information and operating data to be provided may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet Web site or filed with the United States Securities and Exchange Commission (the "SEC"), as permitted by SEC Rule 15c2-12 (the "Rule"). The City's current fiscal year end is September 30. Accordingly, updated unaudited information included in the above -referenced tables must be provided by March 31 in each year, and audited financial statements must be provided by September 30 of each year, unless the City changes its fiscal year. If the City changes its fiscal year, it will notify the MSRB of the change. NOTICE OF CERTAIN EVENTS ... The City will also provide to the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of any of the following events with respect to the Certificates: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed of final determinations of taxability, Notices of Proposed Issue (IRS Form 5702-TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) modifications to rights of holders of the Certificates, if material; (8) bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material, (15) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, any of which reflect financial difficulties. In addition, the City will provide to the MSRB, in a timely manner, notice of any failure by the City to provide the required annual financial information described above under "Annual Reports" and any notices of events in accordance with this section. For these purposes, (A) any event described in the immediately preceding clause (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets of business of the City, and (B) the City intends the words used in clauses (15) and (16) in the immediately preceding paragraph and in the definition of Financial Obligation to have the meanings ascribed to them in SEC Release No. 34-83885 dated August 20, 2018. The Ordinance defines "Financial Obligation" as a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that "financial obligation" shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. AVAILABILITY OF INFORMATION ... The City has agreed to provide the foregoing financial and operating information only as described above. Investors may access continuing disclosure information filed with the MSRB free of charge at www.emma.msrb.ore. 38 LIMITATIONS AND AMENDMENTS ... The City has agreed to update information and to provide notices of material events only as described above. The City has not agreed to provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made pursuant to its agreement, although holders of Certificates may seek a writ of mandamus to compel the City to comply with its agreement. The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if (i) the agreement, as amended, would have permitted the Initial Purchaser, to purchase or sell Certificates in the offering described herein in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the outstanding Certificates consent to the amendment or (b) any person unaffiliated with the City (such as nationally recognized bond counsel) determines that the amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent the Initial Purchaser from lawfully purchasing or selling Certificates in the primary offering of the Certificates. If the City so amends its continuing disclosure agreement, it has agreed to include with the next financial information and operating data provided in accordance with its agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information and operating data so provided. COMPLIANCE WITH PRIOR UNDERTAKINGS . . . During the last five years, the City believes it has complied in all material respects with all continuing disclosure agreements made by it in accordance with the Rule. OTHER INFORMATION RATING The Certificates and the presently outstanding tax supported debt of the City are rated "Aal" by Moody's and "AA+" by S&P. An explanation of the significance of such ratings may be obtained from the company furnishing the rating. The ratings reflect only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Certificates. LITIGATION It is the opinion of the City Attorney and City Staff that there is no pending, or to their knowledge, threatened litigation or other proceeding against the City that would have a material adverse financial impact upon the City or its operations. At the time of the initial delivery of the Certificates, the City Attorney will notify the Initial Purchasers if there has been any lawsuit or claim challenging the issuance of the Certificates or that affects the payment, delivery or security of the Obligations of which the City Attorney has been notified. REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(a)(2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS Section 1201.041 of the Public Security Procedures Act (Chapter 1201, Texas Government Code) provides that the Certificates are negotiable instruments and investment securities governed by Chapter 8, Texas Business and Commerce Code, and are legal and authorized investments for insurance companies, fiduciaries, and trustees, and for the sinking funds of municipalities or other political subdivisions or public agencies of the State. With respect to investment in the Certificates by municipalities or other political subdivisions or public agencies of the State, the PIFA, Chapter 2256, Texas Government Code, requires that the Certificates be assigned a rating of not less than "A" or its equivalent as to investment quality by a national rating agency (see "OTHER INFORMATION - Rating" herein). In addition, various provisions of the Texas Finance Code provide that, subject to a prudent investor standard, the Certificates are legal investments for state banks, savings banks, trust companies with capital of one million dollars or more, and savings and loan associations. The Certificates are eligible to secure deposits of any public funds 39 of the State, its agencies, and its political subdivisions, and are legal security for those deposits to the extent of their market value. No review by the City has been made of the laws in other states to determine whether the Certificates are legal investments for various institutions in those states. No representation is made that the Certificates will be acceptable to public entities to secure their deposits or acceptable to such institutions for investment purposes. The City has made no investigation of other laws, rules, regulations or investment criteria which might apply to any such persons or entities or which might otherwise limit the suitability of the Certificates for any of the foregoing purposes or limit the authority of such persons or entities to purchase or invest in the Certificates for such purposes. LEGAL MATTERS The City will furnish to the Initial Purchaser a complete transcript of proceedings had incident to the authorization and issuance of the Certificates, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Certificates and to the effect that the Certificates are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Certificates will be excludable from gross income for federal income tax purposes under Section 103(a) of the Code, subject to the matters described under "TAX MATTERS" herein. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates, or which would affect the provision made for their payment or security or in any manner questioning the validity of said Certificates will also be furnished. Though it represents the Financial Advisor and purchasers of debt from governmental issuers from time to time in matters unrelated to the issuance of the Certificates, Bond Counsel has been engaged by and only represents the City in connection with the issuance of the Certificates. 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 Certificates 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 Certificates is contingent on the sale and delivery of the Certificates. The legal opinion will accompany the Certificates deposited with DTC or will be printed on the Certificates in the event of the discontinuance of the Book -Entry -Only System. The legal opinions to be delivered concurrently with the delivery of the Certificates express the professional judgment of the attorneys rendering the opinions as to the legal issues explicitly addressed therein. In rendering a legal opinion, the attorney does not become an insurer or guarantor of that expression of professional judgment, of the transaction opined upon, or of the future performance of the parties to the transaction. Nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the transaction. AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION The financial data and other information contained herein have been obtained from City records, audited financial statements and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein will be realized. All of the summaries of the statutes, documents and ordinances contained in this Official Statement are made subject to all of the provisions of such statutes, documents and ordinances. 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. FINANCIAL ADVISOR HilltopSecurities is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. HilltopSecurities, in its capacity as Financial Advisor, does not assume any responsibility for the information, covenants and representations contained in any of the legal documents with respect to the federal income tax status of the Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies. The Financial Advisor to the City has provided the following sentence for inclusion in this Preliminary Official Statement. The Financial Advisor has reviewed the information in this Preliminary Official Statement in accordance with, and as part of, its responsibilities to the City and, as applicable, to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Financial Advisor does not guarantee the accuracy or completeness of such information. INITIAL PURCHASER FOR THE CERTIFICATES After requesting competitive bids for the Certificates, the City accepted the bid of (the "Initial Purchaser") to purchase the Certificates at the interest rates shown on page 2 of the Official Statement at a price of par plus a cash premium of $ . The Initial Purchaser can give no assurance that any trading market will be developed for the Certificates after their sale by the City to the Initial Purchaser. The City has no control over the price at which the Certificates are subsequently sold and the initial yield at which the Certificates will be priced and reoffered will be established by and will be the sole responsibility of the Initial Purchaser. 40 FORWARD -]_,OOHING STATEMENTS DISCLAIMER The statements contained in this Preliminary Official Statement, and in any other information provided by the City, that are not purely historical, are forward -looking statements, including statements regarding the City's expectations, hopes, intentions, or strategies regarding the future. Readers should not place undue reliance on forward -looking statements. All forward -looking statements included in this Preliminary Official Statement are based on information available to the City on the date hereof, and the City assumes no obligation to update any such forward -looking statements. The City's actual results could differ materially from those discussed in such forward -looking statements. The forward -looking statements included herein are necessarily based on various assumptions and estimates and are inherently subject to various risks and uncertainties, including risks and uncertainties relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal, and regulatory circumstances and conditions and actions taken or omitted to be taken by third parties, including customers, suppliers, business partners and competitors, and legislative, judicial, and other governmental authorities and officials. Assumptions related to the foregoing involve judgments with respect to, among other things, future economic, competitive, and market conditions and future business decisions, all of which are difficult or impossible to predict accurately and many of which are beyond the control of the City. Any of such assumptions could be inaccurate and, therefore, there can be no assurance that the forward -looking statements included in this Preliminary Official Statement will prove to be accurate. CERTIFICATION OF THE OFFICIAL STATEMENT At the time of payment for and delivery of the Certificates, the City will furnish a certificate, executed by a proper officer, acting in such officer's official capacity, to the effect that: (a) the descriptions and statements of or pertaining to the City contained in the Official Statement, and any addenda, supplement or amendment thereto, on the date of such Official Statement, on the date of sale of said Certificates and the acceptance of the best bid therefor, and on the date of the delivery, were and are true and correct in all material respects; (b) insofar as the City and its affairs, including its financial affairs, are concerned, such Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (c) insofar as the descriptions and statements, including financial data, of or pertaining to entities, other than the City, and their activities contained in such Official Statement are concerned, such statements and data have been obtained from sources which the City believes to be reliable and the City has no reason to believe that they are untrue in any material respect; and (d) there has been no material adverse change in the financial condition of the City since the date of the last audited financial statements of the City. The Ordinance authorizing the issuance of the Certificates will also approve the form and content of this Official Statement, and any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Certificates by the Initial Purchaser. ATTEST: TARA BROOKS City Secretary WILLIAM D. TATE Mayor City of Grapevine, Texas 41 THIS PAGE LEFT BLANK INTENTIONALLY APPENDIX A GENERAL INFORMATION REGARDING THE CITY THIS PAGE LEFT BLANK INTENTIONALLY TIE CITY ... The City is a political subdivision of the State incorporated in 1907 and operates as a home -rule City under the general laws of the State and a charter approved by the voters in 1965. The City has a Council/Manager form of government in which the mayor and six council members are elected for staggered three-year terms with elections held annually in May. Policy making is the responsibility of, and is vested in, the City Council. The Council delegates the operational authority of the City to the City Manager, who is the chief administrative officer of the City. The City provides all the functions normally associated with a municipality including, but not limited to, public safety (i.e., police and fire personnel and equipment), health inspection and enforcement, water and sewer facilities, streets and drainage facilities and parks and recreational facilities. The City presently employs approximately 581 full-time staff members. POPULATION ... The City has had significant population growth during the past several years. These population estimates are as follows: Year Population Source Year Population Source 1980 11,801 U.S. Census 2006 47,500 City Estimate 1990 29,202 U.S. Census 2007 47,599 City Estimate 1991 30,300 City Estimate 2008 49,635 City Estimate 1992 31,400 City Estimate 2009 49,797 City Estimate 1993 31,902 City Estimate 2010 46,334 U.S. Census 1994 32,727 City Estimate 2011 46,300 City Estimate 1995 33,211 City Estimate 2012 46,420 City Estimate 1996 34,950 City Estimate 2013 47,070 City Estimate 1997 36,000 City Estimate 2014 49,424 City Estimate 1998 37,946 City Estimate 2015 51,240 City Estimate 1999 39,190 City Estimate 2016 52,490 City Estimate 2000 39,523 U.S. Census 2017 55,281 City Estimate 2001 44,390 City Estimate 2018 52,490 U.S. Census 2002 45,524 City Estimate 2019 55,281 U.S. Census 2003 46,188 City Estimate 2020 50,756 U.S. Census 2004 46,684 City Estimate 2021 50,872 City Estimate 2005 47,036 City Estimate 2022 53,979 City Estimate ECONOMICS ... The proximity of the Dallas/Fort Worth International Airport ("DFW") greatly influences both industrial and residential growth of the City. DFW has been and is expected to continue to be an economic generator of employment, spin-off businesses and tax base, all of which benefit the City and the surrounding area. Approximately 65% of the airport is within the city limits of Grapevine. Several large business operations owe their genesis to DFW including air cargo services, flight kitchens, rent/lease car operations and SimuFlite Training International, a company which provides jet pilot flight training in advanced flight simulators. Seven of the ten largest taxpayers of the City are directly related to DFW either by location or primary business sources. DFW contains approximately 18,000 acres and directly employs some 33,000 personnel. These employees have skills ranging from custodial level to highly trained jet aircraft pilots. A number of these people have purchased homes in the City and conduct their daily business here. DFW has approximately 38,500 parking spaces and is currently expanding parking facilities. Sales tax from parking fees generate about $700,000 in annual income for the City and hotels providing service for travelers at DFW and seminar space for business meetings generate approximately $2 million in annual hotel/motel tax revenue. Grapevine Mills, located just two miles outside of DFW International Airport, operated by Simon Property Group, provides 180 stores and features LEGOLAND Discovery Center, SEA LIFE Aquarium as well as AMC Grapevine Mills 30 with dine -in theatres. MAJoR EMPLOYERS Estimated Number of Company Employees DFW International Airport 14,300 Gaylord Texan Resort & Convention Center 2,000 Grapevine-Colleyville ISD 2,000 GameStop Corporation 1,400 Baylor, Scott & White 800 City of Grapevine 700 Great Wolf Lodge 600 Kubota Tractor Corp 500 Pavestone Co 400 American Warranty Service 300 Source: City of Grapevine Economic Development Department, Neilsen/Claritas Business Facts, Info. USA. A-1 BuiLDuvG PERMITS ... The number and value of building permits issued by the City are: Fiscal Commercial Permits Residential Permits Total Year Number Number Number Total Ended of Dollar of Dollar of Dollar 9/30 Permits Value Permits Value Permits Value 2017 17 $ 94,380,941 105 $ 89,168,462 122 $ 183,549,403 2018 17 122,076,075 40 82,950,441 57 205,026,516 2019 20 61,073,137 48 70,154,147 68 131,227,284 2020 19 71,640,261 40 15,236,267 59 86,876,528 2021 6 10,507,216 42 20,054,127 48 30,561,343 Source: City of Grapevine records. RECREATION ... Located approximately two miles north of the downtown area of the City lies Grapevine Lake. The lake serves as the City reservoir and supplies approximately 50% of the water supply of the City. The lake covers a surface area of approximately 12,740 acres and has a shoreline of 146 miles. The lake is 19 miles long and 2.5 miles wide at its widest point. The lake is owned and operated by the U.S. Corps of Engineers and is a major recreation area for swimming, fishing, picnicking and camping and draws some five million visitors each year to the area. The City also has an extensive park system which includes playgrounds, spray grounds, swimming pools, dog park, picnic areas, RV Campground with cabins, tennis courts, baseball and softball diamonds, football and soccer fields as well as jogging and biking trails. The REC center provides workout facilities, racquetball and basketball courts as well as an indoor aquatic center. The City also owns and operates a 27 hole golf course with a new clubhouse, pro shop as well as a new restaurant. TRANSPORTATION ... The City is in the center of a highway network that includes seven spokes of an extensive highway system; six U.S. highways, seven major state highways and one interstate highway. This network connects the City to all major entrances to both Dallas and Fort Worth, with major highway systems both north/south and east/west. The Trinity Metro TEXRAIL launched commuter service in Grapevine in 2019. It takes passengers along 27 miles to nine stations between DFW International Airport and Downtown Fort Worth and runs continuously. The Grapevine Main Station includes the new Harvest Hall food hall, Peace Plaza as well as the Hotel Vin which makes it the perfect place for commuters to stop at The Grapevine Vintage Railroad provides a route between Grapevine and the Fort Worth Stockyards area. HOTEL AND CoNvENTIoN FACILITIES ... Grapevine, Texas offers a diverse hotel portfolio throughout the City. In total, Grapevine offers 21 (full service and select service) hotel options which represent over 6,000 guestrooms. As part of the 21 total hotels, Grapevine offers eight full -service hotels within the City. The Hyatt Regency DFW, adjacent to terminal C and Grand Hyatt, integrated into Terminal D, are both located inside DFW airport. The hotels combined provide more than 126,000 square feet of meeting and convention facilities, heated swimming pools and fitness centers. The Hilton DFW Lakes Executive Conference Center is a 393-room hotel located 2.5 miles north of DFW offering a 14,400 square foot exhibit hall and ballroom that can accommodate 900 banquet guests. Also provided are two restaurants, tennis courts, racquetball courts, indoor and outdoor swimming pools, steam room, health club and lighted jogging trails. Adjacent to the hotel is the Austin Ranch where western themed events are available to hotel guests. The Embassy Suites by Hilton, DFW Airport North is a 12-story, 329-room hotel located just north of DFW Airport. The Embassy Suites offers over 19,000 square feet of meeting space with a 12,640 square foot ballroom, and a total of 15 meeting rooms. Also provided is a state-of-the-art fitness center, a heated indoor swimming pool, complimentary, cooked -to -order breakfast. The Gaylord Texan on Lake Grapevine is an 1,814 room resort and convention center located just 6 minutes north of DFW Airport. The Gaylord Texan provides 490,000 square feet of convention, meeting, exhibit and pre -function space featuring 70 breakout rooms, three ballrooms, 180,000 square -feet of dedicated exhibit space, an 80,000 square foot outdoor event lawn and a 2,500 square foot amphitheater. Other amenities include seven restaurants, the Dallas Cowboys Golf Club, a contemporary Southwestern -style outdoor pool, a 25,000 square foot European spa, salon and fitness center with 13 treatment rooms and a 20-meter indoor lap pool, outdoor tennis courts and marina access for recreational water -craft. The Great Wolf Lodge is located on Hwy. 26 in Grapevine and is an eight -story, Northwoods-themed resort with 605 all -suite guest rooms. The Great Wolf Lodge provides a first-class, full -service family destination designed to capture the atmosphere and adventure of the Northwoods. Serving as Texas' Year -Round Family ResortTM, Great Wolf Lodge provides a comprehensive package of destination amenities. Great Wolf Lodge is also a premier indoor waterpark that includes 12 indoor waterslides, seven pools, an interactive treehouse water fort featuring a nearly 1,000-gallon tipping water bucket, family cabanas and more than 100 lifeguards nationally certified by Ellis & Associates oversee the waterparks safety. A-2 Courtyard/TownePlace Suites/Hilton Garden Inn at SilverLake Crossings offers a three hotel, multi -branded complex with full service amenities. The complex offers 453 guestrooms and over 20,000 square feet of flexible meeting and convention space, two restaurant/bistros, a fitness center and a zero entry outdoor pool. Hotel Vin, Autograph Collection is a 120 room boutique full service hotel in Historic Downtown Grapevine. The hotel offers over 21,000 square feet of meeting and convention space, Bacchus Kitchen+ Bar. The hotel also offers a state of the art fitness center and is located along the Cotton Belt hike and bike trail system. Connected to the hotel is Grapevine Main Station and Harvest Hall, which features a European -style food hall with seven curated kitchens and two bars. EDUCATION ... Elementary and secondary education is provided to the City by the Grapevine-Colleyville Independent School District (the "District"). The District provides seventeen campuses, all air conditioned, as follows: 2 High schools 4 Middle schools 11 Elementary schools In addition to the campuses, the District also owns an administration/service center, an auditorium and a complete athletic complex. Historical school enrollment figures are: 1984 4,037 2003 13,834 1985 4,675 2004 13,777 1986 5,617 2005 13,838 1987 6,107 2006 13,868 1988 6,604 2007 13,903 1989 7,156 2008 13,943 1990 7,984 2009 13,822 1991 8,710 2010 13,671 1992 9,435 2011 13,670 1993 10,236 2012 13,510 1994 10,878 2013 13,388 1995 11,363 2014 13,523 1996 11,655 2015 13,748 1997 12,398 2016 13,773 1998 12,867 2017 13,750 1999 13,358 2018 13,750 2000 13,463 2019 13,957 2001 13,626 2020 13,970 2002 13,870 2021 14,040 Source: Grapevine-Colleyville Independent School District. Educational opportunities beyond the secondary level are numerous and within easy driving distance of the City. Some of the colleges and universities within a 50 mile radius of the City are as follows: College/University Location Texas Christian University Fort Worth, Texas Texas Wesleyan University Fort Worth, Texas Tarrant County College Fort Worth, Texas University of Texas at Arlington Arlington, Texas University of North Texas Denton, Texas Texas Women's University Denton, Texas Southern Methodist University Dallas, Texas Dallas Baptist University Dallas, Texas Dallas Community College Dallas, Texas University of Dallas Irving, Texas University of Texas at Dallas Richardson, Texas A-3 THIS PAGE LEFT BLANK INTENTIONALLY APPENDIX B EXCERPTS FROM THE CITY OF GRAPEVINE, TEXAS ANNUAL FINANCIAL REPORT For the Year Ended September 30, 2021 The information contained in this Appendix consists of excerpts from the City of Grapevine, Texas, Annual Financial Report for the Year Ended September 30, 2021, and is not intended to be a complete statement of the City's financial condition. Reference is made to the complete Report for further information. THIS PAGE LEFT BLANK INTENTIONALLY Mkil INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Council City of Grapevine, Texas Report on the Financial Statements PATTILLO, BROWN & HILL, L.L.P. 401 West State Highway 6 Waco, Texas 76710 254.772.4901 1 pbhcpa.com We have audited the accompanying financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Grapevine, Texas (the "City"), as of and for the year ended September 30, 2021, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Grapevine, Texas, as of September 30, 2021, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. OFFICE LOCATIONS AN TEXAS I Waco Temple I Hillsboro I Houston` AICPA NEW MEXICO Albuquerque GAQC Member Emphasis of Matter— Change in Accounting Principle As described in the notes to the financial statements, in fiscal year 2021 the City adopted new accounting guidance, Governmental Accounting Standards Board (GASB) Statement No. 84, Fiduciary Activities. Our opinion is not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and required supplementary information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements and schedules, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 19, 2022, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance. P0�4&0 / Waco, Texas April 19, 2022 2 MANAGEMENT'S DISCUSSION AND ANALYSIS THIS PAGE LEFT BLANK INTENTIONALLY Management's Discussion and Analysis As management of the City of Grapevine (the "City"), we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2021. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found on pages i-v of this report. FINANCIAL HIGHLIGHTS • The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of the most recent fiscal year by $435,728,014 (net position). • The City's total net position increased by $24,835,961 from operations. $13,768,917 of this increase was attributable to governmental activities and an increase of $11,067,044 was due to business -type activities. • At the close of the current fiscal year, the City's governmental funds reported combined fund balances of $98,676,141, a decrease of $15,243,068 from the prior year. • At the end of the current fiscal year, total fund balance for the General Fund was $11,582,854 or 20.3% of total General Fund expenditures. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The City's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains supplementary information intended to furnish additional detail to support the basic financial statements themselves. Government -wide Financial Statements The government -wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private -sector business. The Statement of Net Position presents information on all the City's assets, deferred outflows (inflows) of resources, and liabilities, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City's net position changed during the fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused compensated absences). 3 Both government -wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City include general government, public safety, culture and recreation, public works, transportation, tourism and economic development. The business -type activities of the City include water and sewer services and the lake enterprise activities (golf course). The government -wide financial statements include not only the City itself (known as the primary government), but also include the Heritage Foundation, which is a legally separate entity for which the City is financially accountable. Financial information for this component unit is reported separately from the financial information presented for the primary government itself. The Tax Increment Reinvestment Zones Numbers One and Two, the Crime Control and Prevention District (Crime District), and the Grapevine 4B Economic Development Corporation, although legally separate, function for all practical purposes as departments of the City, and therefore have been included as an integral part of the primary government. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. The fund financial statements for governmental funds, proprietary funds, and fiduciary funds can be found in the financial section of this report. Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, the reader may better understand the long-term impact of the City's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains 19 individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General, Hotel Occupancy Tax Fund, Crime District Fund, 4B — Economic Development Fund, 4B — Transit Fund, Debt Service Fund, TIF #1 Capital Projects Fund and General Facilities and Equipment Fund, all of which are considered to be major funds. Data from the other eleven governmental funds are combined into a single, aggregate presentation. Individual fund data for each of these non -major governmental funds is provided in the form of combining statements in the combining and individual fund statements and schedules section of this report. 4 Proprietary Funds The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business -type activities in the government -wide financial statements. The City uses enterprise funds to account for its Water and Sewer Fund, and Lake Enterprise Fund (golf course). Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses an internal service fund to account for its document management services. Because these services predominantly benefit the governmental rather than business -type functions, they have been included within the governmental activities in the government - wide financial statements. Proprietary funds provide the same type of information as the government -wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Water and Sewer Fund and the Lake Enterprise Fund, which are both considered to be major funds. Fiduciary Funds Fiduciary fund level financial statements include assets that are held in a trustee or fiduciary capacity and are therefore not available to support City programs; these funds are not included in the government - wide statements. The City has two types of fiduciary funds. The Custodial Fund is used to account for assets held by the City in a custodial capacity for individuals, private organizations, and other governments. Custodial funds do not involve a formal trust agreement. The Private -purpose Trust Fund is used to report resources held in trust for the W.D. Tate Scholarship Fund. See Note I for additional information pertaining to fiduciary funds. Notes to the financial statements The notes provide additional information that is necessary to acquire a full understanding of the data provided in the government -wide and fund financial statements. Other Information In addition to the basic financial statements and accompanying notes, this report also presents required supplementary information. The required supplementary information section of this report includes budgetary comparison schedules for the General Fund and major special revenue funds with legally adopted budgets, which include the Hotel Occupancy Tax Fund, Crime District Fund, 4B Economic Development Fund, and 4B Transit Fund. This section of the report also includes schedules detailing the City's progress in funding its liabilities related to providing pension and OPEB benefits to its employees. The combining and individual fund statements and schedules referred to earlier in connection with nonmajor governmental funds are presented immediately following the required supplementary information on the City's pension and OPEB plans. GOVERNMENT -WIDE OVERALL FINANCIAL ANALYSIS As noted earlier, net position may serve over time as a useful indicator of a government's financial position. As of September 30, 2021, the City's assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $435,728,014. 5 CITY OF GRAPEVINE'S NET POSITION Governmental Activities Business -type Activities Totals 2021 2020 2021 2020 2021 2020 Current and other assets $ 131,062,122 $ 137,636,759 $ 28,269,240 $ 26,612,507 $ 159,331,362 $ 164,249,266 Capital assets 441,497,971 425,901,522 146,880,384 137,872,997 588,378,355 563,774,519 Total assets 572,560,093 563,538,281 175,149,624 164,485,504 747,709,717 728,023,785 Deferred outflows of resources 23,688,821 16,210,158 2,396,998 1,733,305 26,085,819 17,943,463 Long-term liabilities 277,065,025 269,230,027 19,686,795 20,040,171 296,751,820 289,270,198 Other liabilities 19,995,677 22,837,219 3,344,778 2,832,957 23,340,455 25,670,176 Total liabilities 297,060,702 292,067,246 23,031,573 22,873,128 320,092,275 314,940,374 Deferred inflows of resources 16,284,972 15,188,870 1,690,275 1,587,951 17,975,247 16,776,821 Net position: Net investment in capital assets 292,356,763 279,795,020 141,818,801 133,348,566 434,175,564 413,143,586 Restricted 55,449,440 69,120,093 2,871,462 3,147,224 58,320,902 72,267,317 Unrestricted ( 64,902,963) ( 76,422,790) 8,134,511 5,261,940 ( 56,768,452) ( 71,160,850) Total net position $ 282,903,240 $ 272,492,323 $ 152,824,774 $ 141,757,730 $ 435,728,014 $ 414,250,053 Current and other assets decreased in the governmental and business -type activities by $4,917,904 from the prior year. Cash and investments decreased by $13,623,627, partially offset by an increase in receivables primarily due to increases in sales tax and notes receivable. The decrease in cash and investments can largely be attributed to ongoing capital projects and the spending down of available bond proceeds for these projects. Long-term liabilities for the City consist of bonds, contractual obligations, compensated absences, OPEB and pension liabilities. Debt service payments of almost $11.5 million were made during the year to pay down the balances of bonds and contractual obligations. The City's pension liability decreased by $4.3 million primarily as a result of net investment income and the City's OPEB liability increased by $12.5 million as a result of many factors including a change in the discount rate from 2.95% to 2.04%. The largest portion of the City's net position is its investment in capital assets of $434,175,563 (e.g., land, building, equipment, improvements, construction in progress, and infrastructure), less any debt used to acquire capital assets still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net position represents resources that are subject to external restrictions on how they may be used. Restricted net position includes (1) use of impact fees for construction purposes ($2,871,462), (2) debt service ($22,149,669), (3) capital projects ($26,632,135), (4) court security and technology ($494,849), (5) public safety ($790,844), (6) records preservation ($13,408), (7) economic development ($5,080,146), (8) culture and recreation ($184,118), and (9) tourism ($104,272). 6 Net Position Comparison UNR NET INVESTMENT ASSET; $(100,000,000) $- $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 E, 2020 m 2021 For fiscal year-end 2021, the City is able to report positive balances in two categories of net position for the City as a whole. Unrestricted net position is a deficit for the governmental activities and in total for the City. This is due in part to the recognition of the net pension liability under the requirements of GASB Statement No. 68, the recognition of the net OPEB liability under GASB Statement No. 75, and also due to the fact that the City has a substantial amount of debt related to TIF #2 which is not capital related. 7 Analysis of the City's Operations The following table provides a summary of the City's operations for the year ended September 30, 2021, and 2020: CITY OF GRAPEVINE'S CHANGES IN NET POSITION Governmental Activities Business -type Activities Totals 2021 2020 2021 2020 2021 2020 Revenues: Program revenues: Charges forservices $ 19,139,898 $ 15,420,184 $ 33,151,053 $ 30,280,788 $ 52,290,951 $ 45,700,972 Operating grants and contributions 8,887,856 3,576,140 - - 8,887,856 3,576,140 Capital grants and contributions 12,213,609 6,732,982 8,128,733 3,714,288 20,342,342 10,447,270 General revenues: Propertytaxes 34,037,464 33,160,755 - - 34,037,464 33,160,755 Hotel occupancytaxes 12,625,773 11,721,385 12,625,773 11,721,385 Sales taxes 56,914,190 51,111,959 56,914,190 51,111,959 M ixed beverage taxes 1,793,124 1,477,422 1,793,124 1,477,422 Franchise taxes 5,978,215 6,182,482 - - 5,978,215 6,182,482 Investment earnings 26,472 1,893,007 25,266 295,942 51,738 2,188,949 Gain on sale of capital assets 711,133 226,500 236,757 - 947,890 226,500 Miscellaneous 263,502 864,931 - - 263,502 864,931 Total revenues 152,591,236 132,367,747 41,541,809 34,291,018 194,133,045 166,658,765 Expenses: General government 20,933,648 21,449,315 - - 20,933,648 21,449,315 Public safety 38,778,212 41,527,731 38,778,212 41,527,731 Culture and recreation 22,801,979 22,432,175 22,801,979 22,432,175 Public works 15,786,659 18,875,598 15,786,659 18,875,598 Transportation 9,367,306 8,642,110 9,367,306 8,642,110 Economic development 8,712,593 4,881,449 8,712,593 4,881,449 Tourism T7,559,893 16,982,374 17,559,893 16,982,374 Interest on long-term debt 5,288,645 5,822,973 - - 5,288,645 5,822,973 Water and sewer - - 27,653,812 25,227,582 27,653,812 25,227,582 Lake enterprise - - 2,414,337 2,789,819 2,414,337 2,789,819 Total expenses 139,228,935 140,613,725 30,068,149 28,017,401 169,297,084 168,631,126 Increases in net position before extraordinary item and transfers 13,362,301 ( 8,245,978) 11,473,660 6,273,617 24,835,961 ( 1,972,361) Transfers 406,616 5,888,820 ( 406,616) ( 5,888,820) - Change in net position 13,768,917 ( 2,357,158) 11,067,044 384,797 24,835,961 ( 1,972,361) Net position, beginning 272,492,323 275,545,490 141,757,730 141,157,827 414,250,053 416,703,37 Priorperiod adjustment ( 3,358,000) ( 696,009) - 215,106 ( 3,358,000) ( 480,903) Net position, beginning (restated) 269,134,323 274,849,481 141,757,730 141,372,933 410,892,053 416,222,414 Net position, ending $ 282,903,240 $ 272,492,323 $ 152,824,774 $ 141,757,730 $ 435,728,014 $ 414,250,053 Governmental activities — Governmental activities increased the City's net position by $13,768,917 from operations. This increase can broadly be attributed to increases in general revenues such as sales taxes, hotel occupancy taxes, mixed beverage taxes as well as charges for services. These increases are directly related to the recovery from the 2020 economic impacts of COVID-19. In addition to the increase in revenues discussed above, operating grant funds totaling $3.4 million were received from the COVID-19 Coronavirus State and Local Fiscal Recovery Fund during 2021. Capital grants and contributions also increased by $6 million representing a reimbursement due from the Grapevine Main project developer for capital contributions made by the City. 8 The City's operating expenses for 2021 decreased slightly by $1,384,790 or 1 %. Some functions such as public safety and public works reflect decreases in operating expenses which are offset by an increase in economic development. Public Safety expenses were down from FY20 resulting in lower salaries related to COVID-19 activities. Public Works decreases resulted from roof replacements, lighting and street improvements that were one-time projects completed in FY20. Economic development expenses increased as a result of a community distribution for capital projects to GCISD. All functions that include personnel reflect increases in expenses related to the City's OPEB plan. A net of $6.3 million in expenses related to the City's OPEB plan were allocated across the governmental activities. Additionally, insurance claims and premium cost increases for the fiscal year resulted in increased expenses in the general government function of approximately $1.7 million. S45.000.000 S40.000.000 S35.000.000 $30,000,000 S25.000.000 S20.000.000 $15,000.000 510.000,000 S5A00.000 S- S60.000A00 Governmental Activities Revenues By Source 550,000.000 F $40.000.000 S30.000.000 - - S20.000.000 S10.000.000 SO 0WOMM SALES TAXES PROPERTY TAXES CHARGES FOR HOTEL OCCUPANCY CAPITALGRANTS OPERATING FRANCHISE TAXES SERVICES TAXES AND GRANTSANO CONTRIBUTIONS CONTRIBUTIONS 02021 112020 Governmental Activities - Functional! Expenses Cmmnnrisnn GENERAL CULTURE AND GOVERNMENT RECREATION TOURISM PUBLIC WORKS ECONOMIC TRANSPORTATION INTEREST`ON i 2021 a 2020 DEVELOPMENT LONG-TERM DEBT Business -type activities — In total, the business -type activities increased the City's net position by $11,067,044. Water and Sewer Utilities increased net position by $9,111,409 while Lake Enterprise (golf) increased net position by $1,955,635. 9 The change in net position for the business -type activities was impacted by the Water and Sewer Fund in the following ways: The City received donated assets valued at $4.4 million as well as a $1.7 million refund from Trinity River Authority for unused project funds. In addition, Water and Sewer fund had a decrease of $4.0 million in transfers to other funds. Charges for water and sewer increased, rainfall during fiscal year 2021 was less compared to the prior year. This reduction in rainfall together with an increase in rates led to an increase in charges for services. This led to higher charges for services and also an increase in operating expenses related to the purchase, storage and treatment of water. Salary and benefit expense increased by approximately $1.4 million as a result of increased OPEB expense allocations to the fund. The Lake Enterprise Fund (golf course) had increased revenues due to the new Grapevine golf course facility which was completed in fiscal year 2021. As citizens and visitors continued to seek outdoor activities, the golf course saw higher than normal traffic. The Lake Enterprise Fund also saw a decrease in salary and benefits expenses of approximately $0.4 million as a result of decreased OPEB expense allocations to the fund. $34,000,000 $32,000,000 $30,000,000 $28,000,000 $26,000,000 $24,000,000 Business -type Activities Revenue and Expense Comparison 2021 mOperating Revenues ■Expenses FINANCIAL ANALYSIS OF THE CITY'S FUNDS 2020 Governmental funds — The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for discretionary use as they represent the portion of fund balance that has not yet been limited to use for a particular purpose by either an external party, the City itself, or a group or individual that has been delegated authority to assign resources for use for particular purposes by the City Council. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $98,676,141, a decrease of $15,243,068 compared with the prior year. Unassigned fund balance is $9,804,934 (10.0%), which is available for spending at the City's discretion. The remainder of fund balance is not available for new spending because it is (1) non -spendable ($1,324,729) (2) restricted for debt service, capital projects, court security and technology, public safety, economic development, transportation, tourism, records preservation and culture and recreation programs ($50,852,737) (3) committed for stormwater drainage and public arts ($2,310,804) (4) or assigned for economic development, capital projects, tourism, public safety, culture and recreation programs, and OPEB plan contributions ($34,382,937). 10 Significant changes in fund balances of major funds are as follows: General Fund — The General Fund is the chief operating fund of the City. At the end of FY 2021, unassigned fund balance of the General Fund was $10,093,330, while total fund balance equaled $11,582,854. As a measure of the General Fund's liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total General Fund expenditures. Unassigned fund balance represents approximately 17.6% of total General Fund expenditures, while the total fund balance represents approximately 20.3% of that same amount. The fund balance of the General Fund decreased by $8,559 for FY 2021. Revenues increased in the General Fund from FY 2020 to FY 2021 by $7,558,288. Property taxes increased in the General Fund by $781,464 for FY 2021. This increase is primarily due to increases in property values and a slight increase in the M&O property tax rate. Sales taxes increased by $2,832,020 as the City began to see recovery from the impacts of COVID-19. Intergovernmental revenue increased by $3,661,681 due to the receipt of funds from the COVID-19 Coronavirus State and Local Fiscal Recovery Fund. General Fund expenditures were relatively unchanged year over year. There were minor increases in General Government, Public Safety, Culture and Recreation and Public Works as the City began to return to pre COVID-19 operations. These increases were offset by a reduction of $648,940 in Capital Outlay resulting from fewer land and machinery and equipment purchases. Special Revenue — Hotel Occupancv Tax Fund — Fund balance in the Hotel Occupancy Tax Fund decreased for FY 2021 by $763,367. This decrease can primarily be attributed to increased expenditures related to a return to normal operations associated with tourism which includes the two main festivals that were held in FY 2021 but not in FY 2020. Hotel occupancy taxes increased by $904,388. Charges for services also increased by $2,019,144, or 59.3%, primarily as a result of the return of train excursions and festivals. Expenditures in the Hotel Occupancy Tax Fund increased from $15,850,705 in FY 2020 to $17,005,978 in FY 2021. As mentioned before, this increase was primarily attributed to a return to normal operations associated with festival activity. Special Revenue — Crime District Fund — Fund balance of the Crime District Fund increased by $2,838,553. As the economy began to improve from the impacts of COVID-19, sales tax revenues, which are the primary funding source of the Crime District Fund, increased by $1,538,089. Expenditures in the Crime District Fund had a minimal increase of $404,559. Special Revenue — 4B — Economic Development — The 413-Economic Development fund balance reflects a minimal decrease of $4,999 over last fiscal year. Sales tax revenues increased by $826,359 during the year due to improved economic conditions over FY 2020 caused by COVID- 19. Expenditures were down by $302,977 primarily due a reduction in distributions during the year related to 380 agreements that the City has entered into. These distributions were approximately $500,261 less than the previous fiscal year. Special Revenue — 4B — Transit — The 4B-Transit ending fund balance was zero. Sales tax collected in this fund has been pledged to the Fort Worth Transit Authority (the "T"). Any sales tax collections in this fund, less half of the operating costs of the City's visitor shuttle service, are distributed to the "T" to help fund commuter rail service in Grapevine. Sales taxes in this fund increased for the current period by almost $605,763 because of improved economic conditions from FY 2020 due to the pandemic, and as the revenues in this fund increase, so do the corresponding expenditures. Debt Service Fund — The total fund balance of $6,681,805 in the Debt Service Fund is restricted for the payment of debt obligations. This balance has declined by $607,791 and this is attributable to the City paying more in debt service expenditures for the year than was collected in property taxes to repay the debt. 11 Capital Proiects —TIF #1 —The net decrease in fund balance for the TIF #1 capital projects fund for fiscal year 2021 was $3,069,033. The property taxes and investment earnings collected in this fund for the year were $1,211,112. Expenditures for the fund for the current year include $4,280,145 in community distributions to GCISD. Capital Proiects — General Facilities and Equipment — The fund balance decreased $21,055,278 from the prior year. The $25,136,893 decrease in capital outlay from fiscal year 2020 relates to the substantial completion of the Grapevine Main, new fire stations, animal shelter, and golf clubhouse projects. Additionally, general obligation bonds of $3,961,000 were issued in fiscal year 2021 to fund various capital projects and equipment. Provietary Funds — The City's proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. Factors concerning the finances of the proprietary funds have already been addressed in the discussion of the City's business -type activities. General Fund Budgetary Highlights Significant amendment changes: There were no changes to budgeted revenues or expenditures for the fiscal year 2021. Significant budget variances: General Fund revenues came in roughly 9% higher than budgeted. This is primarily the result of the City's economic recovery as the COVID-19 pandemic subsides. Expenditures came in near budgeted levels with approximately $1 M of additional expenditures. City costs for services accounted for the greatest increases due to a return of normal service levels. Quality of Life, capital equipment, and capital maintenance transfers remained within the General Fund to account for economic uncertainties related to COVID-19. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital assets —The City's investment in capital assets for its governmental and business -type activities as of September 30, 2021, amounted to $588,378,355 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, machinery and equipment, infrastructure, intangible assets and construction in progress. The total net increase in the City's investment in capital assets for the current fiscal year was $23,603,836 (4%). Major capital asset events during the current fiscal year included the following: • Grapevine Main and Harvest Hall construction of $8,421,219 was added to construction in progress. • Construction for the rebuild/remodel of four fire stations of $3,487,759 was added to construction in progress, and all four completed stations were transferred to building assets totaling $20,315,772. • Construction in progress additions of $3,137,489 and $1,303,576 were added for the new golf clubhouse and animal shelter, respectively. 12 • The acquisition of vehicles and equipment totaling $3,928,679, including $1,723,778 related to public safety, $982,461 related to public works, $544,057 related to culture and recreation, and $640,613 related to golf was added in fiscal year 2021. Of this total amount, $451,156 in vehicle purchases were in construction in progress at the end of fiscal year 2020 due to delayed delivery of vehicles and related equipment. • Street construction of $3,691,750 was added to construction in progress related to Dallas Road, and streets projects of $937,075 were completed and transferred out of construction in progress, including improvements to Shady Brook Drive and Main Street lighting and intersection improvements. • The Water and Sewer Fund completed $3,781,982 in projects, which extended and improved the City's water and sewer system. Donated water and sewer assets totaled $8,128,733. CITY OF GRAPEVINE'S CAPITAL ASSETS AT YEAR-END Governmental Activities Business -type Activities Totals 2021 2020 2021 2020 2021 2020 Land $ 36,782,765 $ 34,496,800 $ 593,970 $ 593,970 $ 37,376,735 $ 35,090,770 Right-of-way/easements 79,514,520 78,934,989 57,555,464 51,920,788 137,069,984 130,855,777 Construction in progress 112,602,574 112,876,261 1,927,349 2,501,786 114,529,923 115,378,047 Buildings 107,613,738 91,077,520 608,030 654,396 108,221,768 91,731,916 Improvements other than buildings 36,068,213 38,538,976 1,184,738 986,992 37,252,951 39,525,968 Machinery and equipment 14,765,182 14,719,274 2,365,216 1,711,539 17,130,398 16,430,813 Software 167,797 93,875 60,060 70,075 227,857 163,950 Water storage rights - - - 9,972 - 9,972 Infrastructure 53,983,182 55,163,827 82,585,557 79,423,479 136,568,739 134,587,306 Total $ 441,497,971 $ 425,901,522 $ 146,880,384 $ 137,872,997 $ 588,378,355 $ 563,774,519 Additional information on the City's capital assets can be found in Note V of the notes to the financial statements. Long-term debt —At the end of the current fiscal year, the City had total bonded debt outstanding of $171,448,157. CITY OF GRAPEVINE'S OUTSTANDING BONDS AND NOTES PAYABLE AT YEAR-END Governmental Activities Business -type Activities Totals 2021 2020 2021 2020 2021 2020 General obligation bonds $ 80,400,000 $ 84,490,000 $ - $ 455,000 $ 80,400,000 $ 84,945,000 Certificates of obligation 49,770,000 40,680,000 7,395,000 7,800,000 57,165,000 48,480,000 Revenue bonds 24,760,000 27,445,000 - - 24,760,000 27,445,000 Contractual obligations 3,192,835 3,983,240 3,192,835 3,983,240 Tax notes - - - - - - Premium on bonds issued 5,631,912 7,018,360 298,410 352,468 5,930,322 7,370,828 $ 163,754,747 $ 163,616,600 $ 7,693,410 $ 8,607,468 $ 171,448,157 $ 172,224,068 Additional information on the City's long-term debt can be found in Note IX of the notes to the financial statements. 13 ECONOMIC FACTORS AND NEXT YEAR'S BUDGET AND RATES In the fiscal year 2022 budget, total City revenues are budgeted at $175 million, an increase of $9 million (5%) from the previous year. The City also lowered the property tax rate to $0.271811 per $100 of valuation, which represents a 4% reduction from the fiscal year 2021 rate of $0.282601. General Fund expenditures have been increased in the fiscal year 2022 budget by 5% or $3.4 million. Sales tax budgets have been increased 18% and the hotel occupancy tax budget has been increased by 2%. The economy of the City of Grapevine and the Dallas -Fort Worth Metroplex is expected to continue to grow and rebuild as we recover from the COVID-19 pandemic. The City continues to focus on quality of life, economic development, and cultural, educational and recreational amenities for the community. The General Fund reserve requirement is expected to remain at approximately 20% of budgeted expenditures for the fiscal year 2022. This meets the requirement of 20% of budgeted expenditures. CONTACTING THE CITY'S FINANCIAL MANAGEMENT The financial report is designed to provide our citizens, customers, investors and creditors with a general overview of the City's finances. If you have questions about this report or need additional information, contact the Finance Division, City of Grapevine, 200 S. Main Street, Grapevine, Texas 76051. 14 BASIC FINANCIAL STATEMENTS THIS PAGE LEFT BLANK INTENTIONALLY ASSETS Cash and investments Receivables, net: Taxes Accounts Notes Internal balances Due from primary government Due from other governments Inventory Accrued interest Prepaid expenses Deposits Restricted assets: Cash and investments Capital assets (net of accumulated depreciation): Non -depreciable Depreciable Total assets DEFERRED OUTFLOWS OF RESOURCES Deferred outflows related to pensions Deferred outflows related to OPEB Deferred loss on bond refunding Total deferred outflows of resources LIABILITIES Accounts payable Contracts and retainage payable Accrued and other liabilities Developer deposits Customer deposits Interest payable Due to component unit Due to other governments Unearned revenue Customer deposits Noncurrent liabilities: Due in one year Due in more than one year Total liabilities DEFERRED INFLOWS OF RESOURCES Deferred inflows related to pensions Deferred inflows related to OPEB Total deferred inflows of resources NET POSITION Net investment in capital assets Restricted for: Use of impact fees Debt service Capital projects Court security and technology Public safety Records preservation Economic development Culture and recreation Tourism Unrestricted Total net position CITY OF GRAPEVINE, TEXAS STATEMENT OF NET POSITION SEPTEMBER 30, 2021 Primary Government Governmental Business -type Activities Activities $ 97,073,487 $ 19,420,584 $ 13,054,340 4,343,054 6,500,230 52,186 8,636,951 551,263 77,145 668,250 105,216 228,899,859 212,598,112 572,560,093 6,707,707 15,550,968 1,430,146 23,688,821 6,640,805 2,333,407 3,865,833 1,556,320 79,936 588,650 9,644 187,872 4,733,210 3,243,804 52,186) 75,440 10 35,029 5,546,559 60,076,783 86,803,601 175,149,624 644,563 1,740,769 11,666 2,396,998 1,921,020 54,936 305,953 31,526 - 1,031,343 13,281,178 498,526 263,783,847 19,188,269 297,060,702 23,031,573 8,371,081 804,398 7,913,891 885,877 16,284,972 1,690,275 292,356,762 141,818,801 - 2,871,462 22,149,669 - 26,632,135 494,849 790,844 13,408 5,080,146 184,118 104,272 - ( 64,902,963) 8,134,511 $ 282,903,240 $ 152,824,774 $ Component Unit Heritage Total Foundation 116,494,071 $ 330,091 13,054,340 - 7,586,858 6,500,230 - 9,644 8,636,951 - 626,703 77,155 703,279 105,216 5,546,559 - 288,976,642 450,067 299,401,713 662,981 747, 709, 717 1,452,783 7,352,270 - 17,291,737 1,441,812 26,085,819 - 8,561,825 4,840 2,388,343 - 4,171,786 1,556,320 79,936 620,176 9,644 187,872 - 4,733,210 7,768 1,031,343 - 13,779,704 282,972,116 - 320,092,275 12,608 9,175,479 - 8,799,768 17,975,247 - 434,175,563 1,113,048 2,871,462 - 22,149,669 26,632,135 494,849 790,844 13,408 5,080,146 184,118 104,272 - 56,768,452) 327,127 435,728,014 $ 1,440,175 The accompanying notes are an integral part of these financial statements. 15 CITY OF GRAPEVINE, TEXAS STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021 Functions/Programs Primary government: Governmental activities: General government Public safety Culture and recreation Public works Transportation Economic development Tourism Interest on long-term debt Total governmental activities Business -type activities: Water and sewer Lake Enterprise Total business -type activities Total primary government Component unit: Heritage Foundation Program Revenue Charges for Operating Grants Capital Grants Expenses Services and Contributions and Contributions $ 20,933,648 $ 2,066,027 $ 6,998,854 $ 1,133,614 38,778,212 2,227,890 1,739,454 - 22,801,979 6,351,021 116,290 77,997 15,786,659 3,054,752 - 4,801,998 9,367,306 14,036 33,258 6,200,000 8,712,593 - - - 17,559,893 5,426,172 - - 5,288,645 - - - 139,228,935 19,139,898 8,887,856 12,213,609 27,653,812 29,309,066 - 8,128,733 2,414,337 3,841,987 - - 30,068,149 33,151,053 - 8,128,733 $ 169,297,084 $ 52,290,951 $ 8,887,856 $ 20,342,342 $ 103,622 $ 20,909 $ General revenues: Taxes: Property Franchise Hotel occupancy Sales Mixed beverage Unrestricted investment income Gain on sale of capital assets Miscellaneous Transfers Total general revenues and transfers Change in net position Net position - beginning Prior period adjustment Net position - beginning, as restated Net position - ending 105,848 $ 2,893 The accompanying notes are an integral part of these financial statements. 16 Net (Expense) Revenue and Changes in Net Position Component Primary Government Unit Governmental Business -type Heritage Activities Activities Total Foundation $( 10,735,153) $ - $( 10,735,153) $ - ( 34,810,868) - ( 34,810,868) - ( 16,256,671) - ( 16,256,671) - ( 7,929,909) - ( 7,929,909) - ( 3,120,012) - ( 3,120,012) - ( 8,712,593) - ( 8,712,593) - ( 12,133,721) - ( 12,133,721) - ( 5,288,645) - ( 5,288,645) - ( 98,987,572) - ( 98,987.572) - - 9,783,987 9,783,987 - - 1,427,650 1,427,650 - - 11,211,637 11,211,637 - $( 98,987,572) $ 11,211,637 $( 87,775,935) $ - 26,028 $ 34,037,464 $ - $ 34,037,464 $ - 5,978,215 - 5,978,215 - 12,625,773 - 12,625,773 - 56,914,190 - 56,914,190 - 1,793,124 - 1,793,124 - 26,472 25,266 51,738 242 711,133 236,757 947,890 - 263,502 - 263,502 7,610 406,616 ( 406,616) - - 112,756,489 ( 144,593) 112,611,896 7,852 13,768,917 11,067,044 24,835,961 33,880 272,492,323 141,757,730 414,250,053 1,406,295 ( 3,358,000) - ( 3,358,000) - 269,134,323 141,757,730 410,892,053 1,406,295 $ 282,903,240 $ 152,824,774 $ 435,728,014 $ 1,440,175 17 CITY OF GRAPEVINE, TEXAS BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2021 Special Revenue Hotel Crime 4B-Economic General Occupancv Tax District Development ASSETS Cash and investments $ 7,422,972 $ 18,868,562 $ $ 11,880,088 Receivables (net of allowances for uncollectibles): Accounts 1,758,436 209,353 177,741 Taxes 6,046,745 1,339,810 2,718,885 890,185 Accrued interest 38 261 - 4 Notes - - - Inventory 548,608 2,655 Due from other funds 1,936,773 267,897 - Due from other governments 3,878,435 - 19,180 - Prepaid items 506,931 98,775 48,344 14,200 Deposits 5,216 100,000 - - Total assets 22,104,154 20,887,313 2,786,409 12,962,218 LIABILITIES Accounts payable 1,354,516 1,720,983 126,371 683,335 Accrued liabilities 2,688,387 312,210 803,182 12,359 Due to other funds - - 1,824,047 - Due to component unit - 9,644 - Due to other governments 187,781 - - Unearned revenue 2,083,286 1,887,031 19,180 Developer deposits - - - Customer deposits 79,936 - - - Totalliabilities 6,393,906 3,929,868 2,772,780 695,694 DEFERRED INFLOWS OF RESOURCES Unavailable revenue 4,127,394 - - 56,883 Total deferred inflows of resources 4,127,394 - 56,883 FUND BALANCES (DEFICITS) Nonspendable: Inventory 548,608 2,655 - - Prepaid items 506,931 98,775 48,344 14,200 Deposits 5,216 100,000 - - Restricted for: Debt service - - 1,402,400 Capital projects - Court security and technology - Economic development 1,269,491 Public safety - Records preservation - Tourism 104,272 Culture and recreation - Committed for: Stormwater drainage operations Public arts - Assigned for: Economic development 9,523,550 Capital projects - - - Tourism - 16,651,743 Culture and recreation - - Public safety - OPEB 428,769 - Unassigned 10,093,330 - ( 34,715) - Total fund balances 11,582,854 16,957,445 13,629 12,209,641 Total liabilities, deferred inflows of resources and fund balances $ 22,104,154 $ 20,887,313 $ 2,786,409 $ 12,962,218 The accompanying notes are an integral part of these financial statements. 18 Special Revenue 46-Transit Debt Service $ 6,693,367 $ 1,845,920 212,795 2 1,845,920 6,906,164 1,812,795 71,006 33,125 1,845,920 71,006 - 153,353 153,353 6,681,805 6,681,805 Capital Projects General Facilities and TIF #1 Equipment 6,533,214 $ 14,328,214 $ 4 6,533,218 2,689,312 3,843,906 6,533,218 $ 1,845,920 $ 6,906,164 $ 6,533,218 $ 76,827 6,500,230 4,250,000 25,155, 271 337,272 8,333 400,000 745,605 10,311,691 10,311,691 Nonmajor Governmental Funds 31,200,876 $ 2,197, 524 9 489,336 33,887,745 532,041 49,695 295,312 91 735,380 1,156,320 2,768,839 519,332 519,332 14,467,510 9,432,931 9,477,891 - 494,849 790,844 13,408 184,118 1,369,298 941,506 4,665,044 2,879,498 229,528 4,805 ( 253,681) 14,097,975 30,599,574 25,155,271 $ 33,887,745 $ Total Governmental Funds 96,927,293 4,343,054 13,054,340 77,145 6,500,230 551,263 2,204,670 8,636,951 668,250 105,216 133,068,412 6,638,319 3,865,833 2,152,484 9,644 187,872 4,733,210 1,556,320 79,936 19,223,618 15,168,653 15,168,653 551,263 668,250 105,216 22,551,715 21,600,134 494,849 5,113,397 790,844 13,408 104,272 184,118 1,369,298 941,506 9,523,550 7,544,542 16,651,743 229,528 4,805 428,769 9,804,934 98,676,141 133,068,412 19 THIS PAGE LEFT BLANK INTENTIONALLY CITY OF GRAPEVINE, TEXAS RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION SEPTEMBER 30, 2021 Total fund balances - governmental funds balance sheet Amounts reported for governmental activities in the Statement of Net Position are different because: Capital assets used in governmental activities are not reported in the funds. Certain receivables will not be collected soon enough to pay for the current period's expenditures and are, therefore, reported as deferred inflows of resources in the funds: Property taxes Property tax penalties and interest Court fines and fees Ambulance billing Intergovernmental receivables Other An internal service fund is used to charge the cost of document management equipment acquisition and maintenance to individual funds. The assets and liabilities of the internal service fund are included in governmental activities. Accrued bond interest is not due and payable in the current period and, therefore, is not reported in the funds. Retainage payable is not due and payable in the current period and, therefore, is not reported in the funds. Long-term liabilities and deferred losses on bond refundings, resources, are not due and payable in the current period and, funds. A summary of these items are as follows: Long-term liabilities: General obligation bonds Certificates of obligations Contractual obligation Revenue bonds Contractual obligations -private placement Compensated absences Deferred outflows of resources: Deferred losses on bond refundings reported as deferred outflows of therefore, are not reported in the 98,676,141 441,497,971 100,566 208,667 151,959 106,466 14,206,710 394,285 143,708 588,650) 2,333,407) 82,543,081) 52,121,086) 1,432,489) 25,810,256) 1,847,835) 4,627,477) 1,430,146 Included in the items related to long-term liabilities is the recognition of the City's net pension liability. The net position related to pensions included a deferred outflows of resources in the amount of $6,707,707, a deferred inflows of resources in the amount of $8,371,081, and the net pension liability of $29,445,281. ( 31,108,655) Included in the items related to long-term liabilities is the recognition of the City's net OPEB liability. The net position related to OPEB included a deferred outflows of resources in the amount of $15,550,968, a deferred inflows of resources in the amount of $7,913,891, and the net OPEB liability of $79,237,520. ( 71,600,443) Net position of governmental activities $ 282,903,240 The accompanying notes are an integral part of these financial statements. 20 CITY OF GRAPEVINE, TEXAS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTALFUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 REVENUES Property taxes Hotel occupancy taxes Sales taxes Mixed beverage taxes Franchise taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment income Contributions Miscellaneous Total revenues EXPENDITURES Current: General government Public safety Culture and recreation Public works Tourism Economic development Transportation Capital outlay Debt service: Principal Interest Bond issuance costs Fiscal agent charges Total expenditures EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers in Transfers out Sale of capital assets Refunding bonds issued Bondsissued Premium on issuance of bonds Discount on issuance of refunding bonds Payment to refunded bond escrow agent Insurance recoveries Total other financing sources and uses NET CHANGE IN FUND BALANCES FUND BALANCES, BEGINNING PRIOR PERIOD ADJUSTMENT FUND BALANCES, BEGINNING, RESTATED FUND BALANCES, ENDING Special Revenue Hotel Crime 4B-Economic General Occupancy Tax District Development $ 13,521,636 $ - $ $ - 12,625,773 - 28,590,889 - 14,039,776 4,699,128 1,793,124 - - 5,858,497 1,459,940 - 3,988,244 - 8,895 - 5,588,363 5,426,172 - 154,290 933,618 - 50,145 - 10,607 107,593 494 9,056 469,463 16,980 23,038 5,098 62,214,381 18,176,518 14,122,348 4,867,572 17,575,948 - 224,323 - 16, 505,107 17, 844,823 14,218,244 - 8,746,656 - - 16,985,839 - - - 2,908,736 61,761 - - - 85,576 18,223 118,004 4,335 1,916 - - 57,197,627 17,005,978 18,187,150 2,908,736 5,016,754 1,170,540 ( 4,064,802) 1,958,836 3,872,309 278,852 6,903,355 22,981 ( 9,983,504) ( 2,212,759) - ( 2,015,565) 648,452 454,548 - 28,749 ( 5,008,195) ( 1,933,907) 6,903,355 ( 1,963,835) 8,559 ( 763,367) 2,838,553 ( 4,999) 11,574,295 17,720,812 ( 2,824,924) 12,214,640 11,574,295 17,720,812 ( 2,824,924) 12,214,640 $ 11,582,854 $ 16,957,445 $ 13,629 $ 12,209,641 The accompanying notes are an integral part of these financial statements. 21 Special Revenue 46-Transit Debt Service $ 13,110,052 $ 9,584,397 63 7,434 - 4,693 9,584,460 13,122,179 Capital Projects General Facilities and TIF #1 Equipment 1,203,247 $ $ 250,000 214,632 7,865 12,267 - 110,000 1,211,112 586,899 Nonmajor Total Governmental Governmental Funds Funds 6,253,317 $ 34,088,252 - 12,625,773 56,914,190 - 1,793,124 200,084 6,058,581 - 1,459,940 3,200,638 7,447,777 4,611,080 15,994,537 71,630 1,055,393 28,587 183,966 130,278 130,278 21,320 650,592 14, 516,934 138,402,403 - - 557,186 131,789 18,489,246 - 163,689 1,173,207 35,686,826 - - 3,842,018 18,060,262 - 161 2,159,455 10,906,272 - - 191,448 17,177,287 - - 4,280,145 1,510,250 8,699,131 9,305,545 - - - 9,367,306 - - 19,792,401 7,230,123 27,244,327 9,505,000 - 2,035,405 11,540,405 5,368,866 - - 572,493 5,941,359 217,505 - 30,248 53,753 301,506 - 116,467 - 1,092 1,039 124,849 9,305,545 15,207,838 4,280,145 20,544,777 18,900,980 163,538,776 278,915 ( 2,085,659) ( 3,069,033) ( 19,957,878) ( 4,384,046) ( 25,136,373) - 2,399,369 7,023,414 20,500,280 301,833) ( 1,120,006) - ( 1,730,648) ( 2,303,129) ( 19,667,444) - - - 648,452 44,945,000 - - - 44,945,000 - - 3,680,129 6,539,871 10,220,000 - - 311,119 552,882 864,001 ( 31,856) - - - ( 31,856) ( 44,714,639) - - ( 44,714,639) - - - - 4,214 487,511 301,833) 1,477,868 - 2,260,600 11,817,252 13,251,305 22,918) ( 607,791) ( 3,069,033) ( 17,697,278) 7,433,206 ( 11,885,068) 22,918 7,289,596 9,602,251 35,153,253 23,166,368 113,919,209 - - - ( 3,358,000) - ( 3,358,000) 22,918 7,289,596 9,602,251 31,795,253 23,166,368 110,561,209 - $ 6,681,805 $ 6,533,218 $ 14,097,975 $ 30,599,574 $ 98,676,141 22 THIS PAGE LEFT BLANK INTENTIONALLY CITY OF GRAPEVINE, TEXAS RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2021 Net change in fund balances - total governmental funds $( 11,885,068) Amounts reported for governmental activities in the Statement of Activities are different because: The net revenue/(expense) of certain activities of internal service funds are reported with governmental activities. This is the change in net position of the internal service fund. ( 15,030) Governmental funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation. This is the amount of capital outlay recorded in the current period. 30,882,660 Governmental funds do not recognize capital assets contributed by other entities. However, in the Statement of Activities, the acquisition cost of those assets is recognized as revenue, then depreciated over their estimated useful lives. 4,253,674 Depreciation on capital assets is reported in the Statement of Activities but does not require the use of current financial resources. Therefore, depreciation is not reported as expenditures in the governmental funds. ( 14,325,809) The net effect of various miscellaneous transactions involving capital assets (i.e., sales, trade• ins, and donations) is to decrease net position. ( 851,050) The issuance of long-term debt (e.g. bonds) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net position. Also, governmental funds report the effect of premiums, discounts, and similar items when debt is first issued, whereas the amounts are deferred and amortized in the Statement of Activities. This amount is the net effect of these differences in the treatment of long-term debt and related items. Issuance of debt ( 11,282,506) Repayment of principal of long-term debt 11,540,405 Amortization of: Premium on bond issuance 661,250 Loss on refunding ( 176,485) Interest is accrued in the government -wide financial statements but not at the fund level. This represents the change in the accrual during the period. 167,949 Current year changes in certain long-term liabilities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. Compensated absences liability ( 72,921) Net OPEB liability ( 6,264,253) Net Pension liability 4,142,073 Retainage payable ( 2,208,629) Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. 9,202,657 Change in net position of governmental activities $ 13,768,917 The accompanying notes are an integral part of these financial statements. 23 CITY OF GRAPEVINE, TEXAS STATEMENT OF NET POSITION PROPRIETARY FUNDS SEPTEMBER 30, 2021 Governmental Business -type Activities - Enterprise Funds Activities Water Lake Internal Service and Sewer Enterprise Total Fund ASSETS Current assets: Cash and cash equivalents $ 19,419,984 $ 600 $ 19,420,584 $ 146,194 Receivables, net 3,174,075 69,729 3,243,804 - Accrued interest 10 - 10 - Prepaid items 35,029 - 35,029 - Inventory - 75,440 75,440 - Total current assets 22,629,098 145,769 22,774,867 146,194 Noncurrent assets: Restricted cash and investments: Bond construction 2,675,097 - 2,675,097 - Impact fees 2,871,462 - 2,871,462 - Total restricted cash and investments 5,546,559 - 5,546,559 - Capital assets: Land 548,132 45,838 593,970 - Easements 57,555,464 - 57,555,464 - Construction in progress 1,904,497 22,852 1,927,349 - Buildings 485,345 2,046,587 2,531,932 - Improvements other than buildings - 9,084,270 9,084,270 - Infrastructure 140,223,039 - 140,223,039 - Vehicles, machinery and equipment 4,547,275 1,750,894 6,298,169 115,612 Water storage rights 683,547 - 683,547 - Computer software 70,102 - 70,102 60,608 Less accumulated depreciation ( 61,734,083) ( 10,353,375) ( 72,087,458) ( 45,179) Net capital assets 144,283,318 2,597,066 146,880,384 131,041 Total noncurrent assets 149,829,877 2,597,066 152,426,943 131,041 Total assets 172,458,975 2,742,835 175,201,810 277,235 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows related to pensions 468,126 176,437 644,563 - Deferred outflows related to OPEB 1,385,284 355,485 1,740,769 - Deferred loss on bond refunding 11,666 - 11,666 - Total deferred outflows of resources 1,865,076 531,922 2,396,998 - The accompanying notes are an integral part of these financial statements. 24 CITY OF GRAPEVINE, TEXAS STATEMENT OF NET POSITION PROPRIETARY FUNDS (Continued) SEPTEMBER 30, 2021 LIABILITIES Current liabilities: Accounts payable $ Accrued liabilities Due to other funds Accrued bond interest payable Retainage payable Compensated absences Bonds payable Customer deposits Total current liabilities Noncurrent liabilities: Bonds payable Net OPEB liability Net pension liability Compensated absences Total noncurrent liabilities Total liabilities DEFERRED INFLOWS OF RESOURCES Deferred inflows related to to pensions Deferred inflows related to OPEB Total deferred inflows of resources NET POSITION Net investment in capital assets Restricted for: Impact fees Unrestricted Total net position Business -type Activities - Enterprise Funds Water Lake and Sewer Enterprise Total Governmental Activities Internal Service Fund 1,680,954 $ 240,066 $ 1,921,020 $ 2,486 219,618 86,335 305,953 - - 52,186 52,186 - 31,526 - 31,526 - 54,936 - 54,936 - 42,119 31,407 73,526 - 425,000 - 425,000 - 1,031,343 - 1,031,343 - 3,485,496 409,994 3,895,490 2,486 7,268,410 - 7,268,410 - 7,058,497 1,811,312 8,869,809 - 2,054,962 774,511 2,829,473 - 126,358 94,219 220,577 - 16,508,227 2,680,042 19,188,269 - 19,993,723 3,090,036 23,083,759 2,486 584,210 220,188 804,398 - 704,971 180,906 885,877 - 1,289,181 401,094 1,690,275 - 139,221,735 2,597,066 141,818,801 131,041 2,871,462 10,947,950 $ 153,041,147 $( 2,871,462 - 2,813,439) 8,134,511 143,708 216,373) $ 152,824,774 $ 274,749 THIS PAGE LEFT BLANK INTENTIONALLY CITY OF GRAPEVINE, TEXAS STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION - PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 OPERATING REVENUES Charges for services Miscellaneous Total operating revenues OPERATING EXPENSES Salaries and benefits Water purchases, storage, and treatment Refuse collections Maintenance, repairs, and supplies General and administrative Depreciation Total operating expenses OPERATING INCOME (LOSS) NONOPERATING REVENUES (EXPENSES) Gain on disposal of property Loss on disposal of property Investment income Interest and fiscal agent charges Total nonoperating revenues (expenses) INCOME (LOSS) BEFORE CAPITAL CONTRIBUTIONS AND TRANSFERS Capital contributions Transfers in Transfers out Total capital contributions and transfers CHANGE IN NET POSITION TOTAL NET POSITION, BEGINNING TOTAL NET POSITION, ENDING Governmental Business -type Activities - Enterprise Funds Activities Water Lake Internal Service and Sewer Enterprise Total Fund $ 27,598,692 $ 3,814,981 $ 31,413,673 $ 134,845 1,710,374 27,006 1,737,380 - 29,309,066 3,841,987 33,151,053 134,845 4,402,684 654,480 5,057,164 - 10,857,900 - 10,857,900 - 2,436,435 - 2,436,435 - 2,688,647 534,936 3,223,583 125,567 3,684,033 859,048 4,543,081 - 3,342,717 365,873 3,708,590 24,424 27,412,416 2,414,337 29,826,753 149,991 1,896,650 1,427,650 3,324,300 ( 15,146) - 236,757 236,757 - ( 5,089) - ( 5,089) - 25,266 - 25,266 116 ( 236,307) - ( 236,307) - ( 216,130) 236,757 20,627 116 1,680,520 1,664,407 3,344,927 ( 15,030) 8,128,733 426,220 8,554,953 - 1,120,006 - 1,120,006 - ( 1,817,850) ( 134,992) ( 1,952,842) - 7,430,889 291,228 7,722,117 - 9,111,409 1,955,635 11,067,044 ( 15,030) 143,929,738 ( 2,172,008) 141,757,730 289,779 $ 153,041,147 $( 216,373) $ 152,824,774 $ 274,749 The accompanying notes are an integral part of these financial statements. 26 CITY OF GRAPEVINE, TEXAS STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 Governmental Business -type Activities - Enterprise Funds Activities Water Lake Internal Service and Sewer Enterprise Total Fund CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 29,790,717 $ 3,803,778 $ 33,594,495 $ - Receipts from interfund charges for document management services - - - 134,845 Cash paid to employees ( 3,586,304) ( 1,471,725) ( 5,058,029) - Cash paid to suppliers for goods and services ( 18,666,810) ( 1,753,760) ( 20,420,570) ( 124,664) Net cash provided by operating activities 7,537,603 578,293 8,115,896 10,181 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal paid on capital debt ( 860,000) - ( 860,000) - Interest paid on capital debt ( 260,006) - ( 260,006) - Acquisition and construction of capital assets ( 3,542,243) ( 683,101) ( 4,225,344) ( 78,656) Proceeds from the sale of assets - 240,400 240,400 - Net cash used by capital and related financing activities ( 4,662,249) ( 442,701) ( 5,104,950) ( 78,656) CASH FLOWS FROM INVESTING ACTIVITIES Interest received on investments and cash equivalents 25,290 - 25,290 116 Net cash provided by investing activities 25,290 - 25,290 116 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfer in 1,120,006 - 1,120,006 - Transfer out ( 1,817,850) ( 134,992) ( 1,952,842) Net cash used by noncapital financing activities ( 697.844) ( 134,992) ( 832,836) - NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS 2,202,800 600 2,203,400 ( 68,359) CASH AND CASH EQUIVALENTS, BEGINNING 22,763,743 - 22,763,743 214,553 CASH AND CASH EQUIVALENTS, ENDING $ 24,966,543 $ 600 $ 24,967,143 $ 146,194 (Including $5,546,559 of restricted cash and cash equivalents in the Water and Sewer Fund) The accompanying notes are an integral part of these financial statements. 27 CITY OF GRAPEVINE, TEXAS STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 (Continued) RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES Operating income $ Adjustments to reconile operating income to net cash provided (used) by operating activities: Depreciation (Increase) decrease in assets: Customer receivable Prepaid items Due from other funds Inventories Increase (decrease) in liabilities: Accounts payable Accrued liabilities Other liabilities Customer deposits Net OPEB liability Net pension liability Compensated absences Total adjustments Net cash provided by operating activities $ SCHEDULE OF NON -CASH CAPITAL AND RELATED FINANCING ACTIVITIES Contributions of capital assets $ Governmental Business -type Activities - Enterprise Funds Activities Water Lake Internal Service and Sewer Enterprise Total Fund 1,896,650 $ 1,427,650 $ 3,324,300 $( 15,146) 3,342,717 365,873 3,708,590 24,424 82,898 ( 38,209) 44,689 - 546,283 - 546,283 - 396,400 - 396,400 - - ( 2,685) ( 2,685) - 453,922 80,953 534,875 903 24,556 8,195 32,751 - - ( 438,044) ( 438,044) - 2,353 - 2,353 - 1,071,769 ( 812,622) 259,147 - 272,575) ( 34,614) ( 307,189) - 7,370) 21,796 14,426 - 5,640,953 ( 849,357) 4,791,596 25,327 7,537,603 $ 8,128,733 $ 578,293 $ 8,115,896 $ 10,181 426,220 $ 8,554,953 $ - 28 CITY OF GRAPEVINE, TEXAS STATEMENT OF FIDUCIARY NET POSITION SEPTEMBER 30, 2021 ASSETS Cash and cash equivalents Total assets LIABILITIES Accounts payable Total liabilities NET POSITION Restricted for scholarships Restricted for individuals and organizations Total net position Private -Purpose Custodial Trust Fund Fund $ 14,492 $ 178,137 14,492 178,137 106 106 14,492 - - 178,031 $ 14,492 $ 178,031 The accompanying notes are an integral part of these financial statements. 29 CITY OF GRAPEVINE, TEXAS STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE YEAR ENDED SEPTEMBER 30, 2021 ADDITIONS Investment earnings: Interest, dividends, and other Total investments earnings Collections on behalf of employees Total additions DEDUCTIONS Payments on -behalf of employees Total deductions NET INCREASE (DECREASE) IN FIDUCIARY NET POSITION NET POSITION, BEGINNING PRIOR PERIOD ADJUSTMENT NET POSITION, BEGINNING, RESTATED NET POSITION, ENDING The accompanying notes are an integral part of these financial statements. 30 Private -Purpose Custodial Trust Fund Fund $ 11 $ 165 11 165 38,070 11 38,235 27,909 27,909 11 10,326 14,481 167,705 14,481 167,705 $ 14,492 $ 178,031 THIS PAGE LEFT BLANK INTENTIONALLY CITY OF GRAPEVINE, TEXAS NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2021 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Grapevine ("City") is a municipal corporation incorporated under Article XI of the Texas Constitution (Home Rule Amendment). The City operates under a Council -Manager form of government and provides such services as are authorized by its charter to advance the welfare, health, safety, and convenience of its citizens. The accounting and reporting policies of the City relating to the funds included in the accompanying financial statements conform to generally accepted accounting principles applicable to state and local governments. The following represents the more significant accounting and reporting policies and practices used by the City. A. Reporting Entitv The accompanying financial statements present the City and its component units, entities for which the City is considered to be financially accountable. Blended component units, although legally separate entities, are, in substance, part of the City's operations and are appropriately presented as funds of the primary government. Discretely presented component units, on the other hand, are reported in a separate column in the government -wide financial statements to emphasize they are legally separate from the City. Based on these criteria, the financial information of the following entities has been blended or discretely presented within the financial statements. Blended Component Units Grapevine Tax Increment Financing District Reinvestment Zone Number One and Two (the "TIFs") were formed to finance and make public improvements under the authority of the Tax Increment Financing Act. The TIFs are governed by two separate boards of directors that are substantively the same as the City Council. The chairman of the board is also designated by the City Council. The City is obligated for the debts of both TIFs. The Grapevine Crime Control and Prevention District (Crime District) was established to account for the accumulation and use of sales tax proceeds designated for crime reduction programs. One-half (1/2) cent of local sales and use tax within the district funds the Crime District. The Board of Directors of the Crime Control and Prevention District is substantively the same as the City Council. The City is entitled to and can otherwise access all the resources of the Crime District. The Grapevine 4B Economic Development Corporation consists of two funds. The 4B Transit Fund accounts for funds designated for Grapevine's participation in the commuter rail development project with the Fort Worth Transit Authority (the "T"). The 4B Economic Development Fund accounts for funds used to stimulate the local economy, development, and redevelopment opportunities. One-half (1/2) cent local sales and use tax within the City funds these two blended component units. Three eighths (3/81') of one cent of the local sales tax is used to fund the 4B Transit Fund. One eighth (1/8tn) of one cent of the local sales tax is used to fund the 4B Economic Development Fund. The Board of Directors of the Grapevine 4B Economic Development Corporation include citizens as members but is substantively the same as the City Council. The City is entitled to and can otherwise access all the resources of the Grapevine 4B Economic Development Corporation. Separate financial statements for the TIF funds, Crime Control and Prevention District, the 4B Transit Fund, and the 4B Economic Development Fund are not prepared. 31 Discretely Presented Component Unit Grapevine Heritage Foundation (the "Foundation") is a Texas nonprofit corporation governed by a 9- member board of directors appointed by the City Council, which includes a City Council member and the Director of the City's Convention and Visitor's Bureau. The Foundation's operating budget is subject to the approval of the City Council. The City is able to impose its will on the Foundation. The board is not substantively the same as the City Council. The Foundation does not provide services to the City. Separate financial statements are not prepared for the Heritage Foundation. B. Government -wide and Fund Financial Statements The basic financial statements include both government -wide (based on the City as a whole) and fund financial statements. The government -wide financial statements (i.e., the statement of net position and the statement of activities) report information on all the nonfiduciary activities of the primary government and its component units. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. Likewise, the primary government is reported separately from certain legally separate component units for which the primary government is financially accountable. The government -wide statement of activities demonstrates the degree to which the direct expenses of a functional category (public safety, culture and recreation, tourism, etc.) or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with specific function or segment. Program revenues include (1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and (2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate fund based financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government -wide financial statements. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. The non -major funds are aggregated in a separate column in the fund financial statements. The non -major funds are detailed in the supplementary information section of this report. The City's fiduciary funds are presented in the fund financial statements by type. Since these assets are being held for the benefit of a third party and cannot be used to address activities or obligations of the City, these funds are not incorporated into the government -wide statements. The government -wide focus is more on the sustainability of the City as an entity and the change in aggregate financial position resulting from the activities of the fiscal period. The focus of the fund financial statements is on the major individual funds of the governmental and business -type categories, as well as the fiduciary funds (by category). Each presentation provides valuable information that can be analyzed and compared to enhance the usefulness of the information. C. Measurement Focus. Basis of Accountinq and Financial Statement Presentation The government -wide and fiduciary fund financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenue in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. 32 Governmental fund level financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. In applying the susceptible to accrual concept to intergovernmental revenue, the legal and contractual requirements of the numerous individual programs are used as guidance. Generally, monies must be expended on a specific purpose or project before any amounts will be paid to the City; therefore, revenues are recognized based upon the expenditures recorded. Ad valorem taxes are recognized as revenues in the year for which they are levied. Sales taxes, franchise taxes, hotel occupancy taxes, charges for services and fines are recognized as revenue as earned, when measurable and available. Licenses, permits, and miscellaneous revenues (except earnings on investments) are recorded as revenues when received in cash because they are generally not measurable until received. Investment earnings are recorded as earned since they are measurable and available. All proprietary funds are accounted for using the economic resources measurement focus and the accrual basis of accounting. With this measurement focus, all assets, deferred outflows of resources, liabilities and deferred inflows of resources associated with the operation of these funds are included on the statement of net position. Proprietary fund -type operating statements present increases (e.g., revenues) and decreases (e.g., expenses) in net position. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's water and sewer and municipal golf course are charges to customers for sales and services. Operating expenses for the enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non -operating revenues and expenses. During operations, the City has activity between funds for various purposes. Any residual balances outstanding at year-end are reported as due from/to other funds and advances to/from other funds. While these balances are reported in fund financial statements, certain eliminations are made in the preparation of the government -wide financial statements. Balances between the funds included in governmental activities (i.e., the governmental funds) are eliminated so that only the net amount is included as internal balances in the governmental activities column. Similarly, balances between the funds included in business -type activities (i.e., the enterprise funds) are eliminated so that only the net amount is included as internal balances in the business -type activities column. Further, certain activity occurs during the year involving transfers of resources between funds. In fund financial statements, these amounts are reported at gross amounts as transfers in/out. While reported in fund financial statements, certain eliminations are made in the preparation of the government -wide financial statements. Transfers between the funds included in governmental activities are eliminated so that only the net amount is included as transfers in the governmental activities column. Similarly, balances between the funds included in business -type activities are eliminated so that only the net amount is included as transfers in the business -type activities column. However, interfund services provided and used are not eliminated in the process of consolidation. Governmental Funds The focus of governmental fund measurement (in the fund financial statements) is upon determination of financial position and changes in financial position (sources, uses, and balances of financial resources) rather than upon net income. The following is a description of the major governmental funds of the City: The City reports the following major governmental funds: The General Fund accounts for several of the City's primary services (general administration, police administration, fire, public works, libraries, culture and recreation, etc.) and is the primary operating fund of the City. 33 The Hotel Occupancv Tax Fund is a special revenue fund that accounts for all hotel occupancy tax revenues that are restricted by state statute and can only be used on expenditures related to tourism activities. Additional local revenues generated though tourism activities are accumulated in this fund and are assigned for use on expenditures related to tourism. The Crime District Fund is a special revenue fund that accounts for the accumulation and use of sales tax restricted for crime reduction programs. The 4-B Economic Development Fund accounts for the accumulation of sales tax restricted for economic development projects and local funds assigned by the City to stimulate the local economy, development, and redevelopment. The 4B Transit Fund is a special revenue fund that accounts for the accumulation of sales tax restricted to fund the City's participation in the commuter rail development project with the Fort Worth Transit Authority (the "T"). The Debt Service Fund is used to account for the accumulation of restricted property tax resources levied for the payment of general long-term debt principal, interest, and related costs of governmental funds. The Tax Increment Financing (TIF) #1 Capital Proiects Fund is used to account for capital acquisition and construction, economic incentives, and other expenditures authorized by the TIF #1 Board of Directors. The General Facilities and Equipment Fund is a capital projects fund used to account for the general financing, acquisition, construction and improvements of the City's buildings and capital equipment. Proprietary Funds The focus of proprietary fund measurement is upon determination of operating income, changes in net position, financial position, and cash flows, which is similar to businesses. The following is a description of the major proprietary funds of the City: The Water and Sewer Fund accounts for the operation of the City's water and sewer utility activities including administration, operation and maintenance of the water and sewer system, and billing and collection activities. All costs are financed through charges made to utility customers with rates reviewed regularly and adjusted, if necessary, to ensure integrity of the fund. The Lake Enterprise Fund includes the operations of the City's municipal golf course. The Internal Service Fund accounts for revenues and expenses related to document management services provided to parties inside the City on a cost -reimbursement basis. Because the principal users of the internal services are accounted for in the City's governmental activities, this fund is included in the "Governmental Activities" column of the government -wide financial statements. Fiduciary Funds The Private -purpose Trust Fund is used to account for investments and interest for the benefit of the W.D. Tate Scholarship fund. The benefits are dedicated to recipients in according with the benefit terms. The donations and other contributions received by the City do not belongs to the City and cannot be spent to further the City's own objectives. The Custodial Fund is used to account for assets held, not in a trust, by the City in a custodial capacity for individuals, private organizations, or other governments. 34 D. Assets, liabilities, deferred outflows/inflows of resources, and net position/fund balance 1. Cash and cash equivalents The City's cash and cash equivalents are considered to be cash on hand, demand deposits and short-term investments with original maturities of three months or less from the date of acquisition. 2. Investments Investments of the City are reported at fair value, except for the position in investment pools. Investment pools are reported at the net asset value per share (which approximates fair value) even though it is calculated using the amortized cost method. 3. Property Taxes and Other Receivables The City's property tax is levied each October 1, on the assessed value listed as of the prior January 1 for all real property located in the City. The appraisal of property within the City is the responsibility of the Central Appraisal Districts of Dallas, Denton, and Tarrant Counties as required by legislation passed by the Texas Legislature. The Appraisal Districts are required under such legislation to assess all property within their Appraisal District on the basis of 100% of its appraised value and is prohibited from applying any assessment ratios. The assessed value upon which the completed tax year 2020 levy was based was approximately $9,306,071,773. The value of property within the Appraisal District must be reviewed every five years; however, the City may, at its own expense, require annual reviews of appraised values. The City may challenge appraised values established by the Appraisal District through various appeals and, if necessary, legal action. General property taxes are limited by the Texas Constitution to $2.50 per $100 of assessed valuation. The combined tax rate to finance maintenance and operations and debt service for the year ended September 30, 2021, was $0.282601 per $100 of assessed valuation. Property taxes attach as an enforceable lien on property as of January 1 following the levy date. Taxes are due by January 31 following the levy date. Property taxes levied for 2021 are recorded as receivables, net of estimated uncollectibles. The collections during 2021 and those considered "available" at year-end are recognized as revenues in 2021. The City considers property taxes available if they are collected within 60 days after year-end. Prior year levies were recorded using these same principles. The remaining receivables are reflected as deferred inflows of resources in the fund financial statements. Property taxes are imposed nonexchange revenues. Assets from imposed nonexchange transactions are recorded when the entity has enforceable legal claim to the asset, or when the entity receives resources, whichever comes first. The enforceable legal claim date for property taxes is the assessment date. The assessment date has been designated in the enabling legislation as October 1. 4. Inventories and Prepaid Items Inventories are valued at average cost on a first -in, first -out basis. Inventories in the General Fund are recorded using the consumption method (i.e., recorded as an expenditure when used rather than when purchased). Prepaid items are payments made by the City in the current year to provide services occurring in the subsequent fiscal year. A corresponding portion of fund balance is shown as nonexpendable in governmental funds to indicate it is not available for other subsequent expenditures. Prepaid items are defined as payments of greater than $5,000 that benefit future periods. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. 35 5. Restricted Assets Certain proceeds of the City's general obligation bonds and certificates of obligation are classified as restricted assets on the balance sheet because their use is limited by applicable bond restrictions. Also included in restricted assets are impact fees, which are restricted for use in infrastructure projects. 6. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business - type activities column in the government -wide financial statements. Capital assets, other than infrastructure, are defined by the City as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of two years. Infrastructure assets are defined by the City as assets costing in excess of $50,000 that have an estimated useful life in excess of two years. Such assets are recorded at historical cost if purchased or constructed. Donated capital assets are recorded at acquisition cost at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Depreciation has been provided on a straight-line basis over the estimated useful lives of the assets. The estimated useful lives are as follows: Assets Years Buildings 7-40 Water and sewer system 30-50 General infrastructure 20-30 Improvements other than buildings 10-20 Machinery and equipment 3-10 Water storage rights 40 Other intangibles 3-20 Motor vehicles 3-10 7. Deferred Inflows and Outflows of Resources In addition to assets, the statement of net position and/or balance sheet will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The City has the following items that qualify for reporting in this category. • Deferred loss on debt refundings — A deferred loss on refunding results from the difference in the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the shorter of the life of the refunded or refunding debt. • Pension and OPEB contributions after measurement date — These contributions are deferred and recognized in the following fiscal year. • Changes in actuarial assumptions and other inputs included in determining the pension and OPEB liability — This difference is deferred and recognized over the estimated average remaining lives of all members determined as of the measurement date. • Differences between expected and actual economic experience for the City's pension and OPEB plan — These effects on the pension and OPEB liability are deferred and amortized over a closed period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the pension plan (active employees and inactive employees). 36 In addition to liabilities, the balance sheet will sometimes report a separate section for deferred inflows of resources. This separate financial statement element represents an acquisition of fund balance that applies to a future period(s) and, therefore, will not be recognized as an inflow of resources (revenue) until that time. The City has one type of item that arises only under the modified accrual basis of accounting that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the governmental funds balance sheet. In addition, the City has deferred inflows of resources that are required to be reported on the Statements of Net Position under the full accrual basis of accounting. Deferred inflows of resources reported in the Statements of Net Position are as follows: • Differences between expected and actual economic experience for the City's pension and OPEB plans — These effects on the total pension liability are deferred and amortized over a closed period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the pension plan (active employees and inactive employees). • Changes in actuarial assumptions and other inputs included in determining the OPEB liability — This difference is deferred and recognized over the estimated average remaining lives of all members determined as of the measurement date. Difference in projected and actual earnings on pension and OPEB assets — This difference is deferred and amortized over a closed five-year period. 8. Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation, compensatory time, and sick pay benefits. Employees are reimbursed upon termination for accumulated vacation and only non-exempt employees are reimbursed for compensatory time. The liabilities for these amounts are accrued as they are incurred in the government -wide and proprietary fund financial statements. Employees are not reimbursed upon termination for accumulated sick leave. 9. Long-term Debt In the government -wide financial statements, and proprietary funds in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business -type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental funds recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds, are reported as debt service expenditures. 10. Pensions For purposes of measuring the net pension liability, pension related deferred outflows and inflows of resources, and pension expense, City specific information about its fiduciary net position in the Texas Municipal Retirement System (TMRS) and additions to/deductions from TMRS's fiduciary net position have been determined on the same basis as they are reported by TMRS. For this purpose, plan contributions are recognized in the period that compensation is reported for the employee, which is when contributions are legally due. Benefit payments and refunds are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. 37 11. Other Postemployment Benefits (OPEB) The City provides eligible employees with certain postemployment health and life insurance benefits that meet the criteria of a defined benefit OPEB plan under Governmental Accounting Standards Board (GASB) Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions. The City has placed assets in trust to pay the obligations of the plan with the Public Agencies Retirement Services (PARS). Because plan assets are pooled by PARS with those of other plans for investment, the City's plan meets the criteria of an agent multiple -employer plan under GASB Statement No. 75. The City has not established a formal funding policy and there is no actuarially determined contribution. Therefore, for purposes of measuring the net OPEB liability, OPEB related deferred outflows and inflows of resources, and OPEB expense, benefit payments and refunds are recognized when due and payable in accordance with the benefit terms. Contributions are not required but are measured as payments by the City for benefits due and payable that are not reimbursed by plan assets. Information regarding the City's net OPEB liability is obtained from a report prepared by a consulting actuary, Gabriel Roeder Smith & Company, in compliance with GASB Statement No. 75. 12. Fund Balance Classification The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: Nonspendable: This classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) are legally or contractually required to be maintained intact. Nonspendable items are not expected to be converted to cash or are not expected to be converted to cash within the next year. Restricted: This classification includes amounts for which constraints have been placed on the use of the resources either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments, or (b) imposed by law through constitutional provisions or enabling legislation. Committed: This classification includes amounts that can be used only for specific purposes pursuant to constraints imposed by ordinance of the City Council. These amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action that was employed when the funds were initially committed. This classification also includes contractual obligations to the extent that existing resources have been specifically committed for use in satisfying those contractual requirements. Assigned: Amounts in the assigned fund balance classification are intended to be used by the City for specific purposes but do not meet the criteria to be classified as committed. The City Council has, by resolution, authorized the City Manager to assign fund balance. The City Council may also assign fund balance as it does when appropriating fund balance to cover the gap between estimated revenue and appropriations in the subsequent year's budget. Unlike commitments, assignments generally only exist temporarily. In other words, an additional action does not normally have to be taken for the removal of an assignment. • Unassigned: This classification includes the residual fund balance for the General Fund. The unassigned classification also includes negative residual fund balance of any other governmental fund that cannot be eliminated by offsetting of assigned fund balance amounts. 38 13. Fund balance flow assumptions When an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available, the City considers restricted funds to have been spent first. When an expenditure is incurred for which committed, assigned, or unassigned fund balances are available, the City considers amounts to have been spent first out of committed funds, then assigned funds, and finally unassigned funds. 14. Net position flow assumption Sometimes the City will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. To calculate the amounts to report as restricted net position and unrestricted net position in the government -wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the City's policy to consider restricted net position to have been depleted before unrestricted net position is applied. 15. Future financial reporting requirements The City has reviewed GASB pronouncements that become effective in future years and notes the following statements are applicable to the City. Statement No. 87, Leases — This statement changes the recognition requirements for certain lease assets and liabilities for leases that are currently classified as operating leases. This statement will become effective for the City in fiscal year 2022. Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period — The objectives of this statement are to (1) enhance the relevance and comparability of information about capital assets and the cost of borrowing for a reporting period and (2) to simplify accounting for interest cost incurred before the end of a construction period. This statement will become effective for the City in fiscal year 2022. Statement No. 91, Conduit Debt Obligations - The Statement provides a single method of reporting conduit debt obligation by issuers and eliminate diversity in practice associated with (1) commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures. GASB 91 will be implemented by the City in fiscal year 2023 and the impact has not yet been determined. Statement No. 92, Omnibus 2020 — The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing practice issues that have been identified during implementation and application of certain GASB Statements. GASB 92 will be implemented by the City in fiscal year 2022 and the impact has not yet been determined. Statement No. 93, Replacement of Interbank Offered Rates — Some governments have entered into agreements in which variable payments made or received depend on an interbank offered rate (IBOR)-most notably, the London Interbank Offered Rate (LIBOR). As a result of global reference rate reform, LIBOR is expected to cease to exist in its current form at the end of 2021, prompting governments to amend or replace financial instruments for the purpose of replacing LIBOR with other reference rates, by either changing the reference rate or adding or changing fallback provisions related to the reference rate. GASB 93 will be implemented by the City in fiscal year 2022 and the impact has not yet been determined. Statement No. 94, Public -Private and Public -Private Partnerships and Availability Payment Arrangements — The primary objective of this Statement is to improve financial reporting by addressing issues related to public -private and public -public partnership arrangements (PPPs). GASB 94 will be implemented by the City in fiscal year 2023 and the impact has not yet been determined. 39 Statement No. 96, Subscription -Based Technology Arrangements — this Statement provides guidance on the accounting and financial reporting for subscription -based information technology arrangements (SBITAs) for government end users (governments). To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended. GASB 96 will be implemented by the City in fiscal year 2023 and the impact has not yet been determined. Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans — an amendment of GASB Statements No. 14 and No. 84, and a supersession of GASB Statement No. 32. — The primary objectives of this Statement are to (1) increase consistency and comparability related to the reporting of fiduciary component units in circumstances in which a potential component unit does not have a governing board and the primary government performs the duties that a governing board typically would perform; (2) mitigate costs associated with the reporting of certain defined contribution pension plans, defined contribution other postemployment benefit (OPEB) plans, and employee benefit plans other than pension plans or OPEB plans (other employee benefit plans) as fiduciary component units in fiduciary fund financial statements; and (3) enhance the relevance, consistency, and comparability of the accounting and financial reporting for Internal Revenue Code (IRC) Section 457 deferred compensation plans (Section 457 plans) that meet the definition of a pension plan and for benefits provided through those plans. GASB 97 will be implemented by the City in fiscal year 2022 and the impact has not yet been determined. CASH AND INVESTMENTS As of September 30, 2021, the City had the following cash and investments: Weighted Primary government Cash and cash equivalents: Cash deposits - City Certificates of deposit Total cash and cash equivalents Investment pools: Tex Pool Tex Pool Prime LOGIC Total investment pools Total cash and investments of the primary government Portfolio weighted average maturity (days) Discretely Presented Component Unit Cash deposits Total cash and investments of the reporting entity Percent Average of Total Maturity 9/30/2021 Portfolio (Days) $ 4,139,771 3,995,329 3% 146 8,135,100 5,125,871 4% 37 23,520,925 20% 48 85,451,363 73% 59 114,098,159 $ 122,233,259 59 $ 330,091 $ 122,563,350 Reconciliation to the basic financial statements. The cash and investments as of September 30, 2021, are reported in the financial statements as follows: Government -wide Statement of Net Position: Governmental activities $ 97,073,487 Business -type activities 24,967,143 Discretely presented component unit 330,091 Fiduciary Funds Statement of Net Position: Private Purpose Trust Fund 14,492 Custodial Fund 178,137 Total cash and investments $ 122,563,350 40 Investment pools are not categorized as to investment risk since specific securities relating to the City cannot be identified. Under the TexPool Participation Agreement, administrative and investment services to TexPool and TexPool Prime are provided by Federated Investors, Inc. through an agreement with the State of Texas Comptroller of Public Accountants. The State Comptroller is the sole officer, director, and shareholder of the Texas Treasury Safekeeping Trust Company authorized to operate TexPool and TexPool Prime. Under the LOGIC Participation Agreement, administrative and investment services to LOGIC are provided by Hilltop Securities, Inc. and JP Morgan Asset Management, Inc. as co -administrators. The administrators settle all trades for LOGIC and secure and value its assets every day. The fair value of the City's position in these pools is the same as the value of the pool shares. As of September 30, 2021, the City's investments in LOGIC, TexPool and TexPool Prime were all rated AAAm by Standard & Poor's. TexPool, TexPool Prime and LOGIC each have a redemption notice period of one day and may redeem daily. The investment pools' authority may only impose restrictions on redemptions in the event of a general suspension of trading on major securities markets, general banking moratorium or national state of emergency that affects the pool's liquidity. Interest Rate Risk. In accordance with its investment policy, the City minimizes the risk that the interest earnings and the fair value of investments in the portfolio will fall due to changes in general interest rates, by: a. Structuring the investment portfolio so that investments mature to meet cash requirements for ongoing operations, thereby avoiding the need to liquidate investments prior to maturity. Investing operating funds primarily in certificates of deposit, shorter -term securities, money market mutual funds, or local government investment pools functioning as money market mutual funds. c. Diversifying maturities and staggering purchase dates to minimize the impact of market movements over time. Credit Risk. In accordance with its investment policy, the City minimizes credit risk, the risk of loss due to the failure of the issuer or backer of the investment by: a. Limiting investments to the safest types of investments. b. Pre -qualifying the financial institutions and broker/dealers with which the City will do business. c. Diversifying the investment portfolio so that potential losses on individual issuers will be minimized. Concentration of Credit Risk. The City's investment policy allows up to 100% to be invested in U. S. Treasury Bills/Notes/Bonds, and U. S. Agencies and Instrumentalities. Custodial Credit Risk. State statutes require that all City deposits in financial institutions be fully collateralized by U. S. Government obligations or obligations of the State of Texas or its agencies. The City's deposits were fully collateralized by government securities or had a letter of credit issued by the Federal Home Loan Bank as required by State statutes as of September 30, 2021. 41 III. RECEIVABLES Receivables as of year-end for the City's individual major funds and nonmajor funds in the aggregate, including the applicable allowances for uncollectible accounts, are as follows: General Hotel Occupancy Crime District 413 - Economic Development 413 - Transit Debt Service TIF #1 Capital Projects General Facilities and Equipment Nonmajor governmental funds Water and Sewer Lake Enterprise Total IV. CAPITAL ASSETS Less Accrued Gross Allow ancefor Interest Taxes Accounts Notes Receivables Uncollectibles Total $ 38 $ 7,278,611 $ 2,737,756 $ $ 10,016,405 $( 2,211,186) $ 7,805,219 261 1,339,810 224,341 1,564,412 ( 14,988) 1,549,424 2,718,885 - 2,718,885 - 2,718,885 4 890,185 177,741 1,067,930 1,067,930 - 1,845,920 - 1,845,920 1,845,920 2 1,427,865 1,427,867 ( 1,215,070) 212,797 4 4 4 76,827 - 6,500,230 6,577,057 6,577,057 9 2,197,524 - 2,197,533 - 2,197,533 10 3,279,526 3,279,536 ( 105,451) 3,174,085 - 69,729 69,729 - 69,729 $ 77,155 $ 15,501,276 $ 8,686,617 $ 6,500,230 $ 30,765,278 $( 3,546,695) $ 27,218,583 Capital asset activity for the year ended September 30, 2021, was as follows: Primary Government Governmental activities: Capital assets, not being depreciated: Land Right of way Construction in progress Total assets not being depreciated Capital assets, being depreciated: Buildings Improvement other than buildings Machinery and equipment Computer software Infrastructure Total capital assets being depreciated Less accumulated depreciation: Buildings Improvement other than buildings Machinery and equipment Computer software Infrastructure Total accumulated depreciation Total capital assets being depreciated, net Governmental activities capital assets, net Beginning Transfers Transfers and Ending Balance and Additions Retirements Balance $ 34,496,800 $ 2,285,965 $ - $ 36,782,765 78,934,989 579,531 - 79,514,520 112,876,261 23,902,957 ( 24,176,644) 112,602,574 226,308,050 26,768,453 ( 24,176,644) 228,899,859 124,973,156 20,939,942 ( 1,740,165) 144,172,933 60,638,977 543,825 - 61,182,802 43,620,037 3,478,676 ( 1,486,974) 45,611,739 133,207 94,113 - 227,320 140,421,956 3,614,063 - 144,036,019 369,787,333 28,670,619 ( 3,227,139) 395,230,813 ( 33,895,636) ( 3,235,364) 571,805 ( 36,559,195) ( 22,100,001) ( 3,014,588) - ( 25,114,589) ( 28,900,763) ( 3,285,383) 1,339,589 ( 30,846,557) ( 39,332) ( 20,191) - ( 59,523) ( 85,258,129) ( 4,794,708) - ( 90,052,837) ( 170,193,861) ( 14,350,234) 1,911,394 ( 182,632,701) 199,593,472 14,320,385 ( 1,315,745) 212,598,112 $ 425,901,522 $ 41,088,838 $( 25,492,389) $ 441,497,971 42 Business -type activities: Capital assets, not being depreciated: Land Easements Construction in progress Total assets not being depreciated Capital assets, being depreciated: Buildings Improvement other than buildings Machinery and equipment Water storage rights Computer software Infrastructure Total capital assets being depreciated Less accumulated depreciation: Buildings Improvement other than buildings Machinery and equipment Water storage rights Computer software Infrastructure Total accumulated depreciation Total capital assets being depreciated, net Business -type activities capital assets, net Beginning Transfers Transfers and Ending Balance and Additions Retirements Balance $ 593,970 $ - $ - $ 593,970 51,920,788 5,634,676 - 57,555,464 2,501,786 3,245,375 ( 3,819,812) 1,927,349 55,016,544 8,880,051 ( 3,819,812) 60,076,783 2,591,188 - ( 59,256) 2,531,932 8,622,265 468,709 ( 6,704) 9,084,270 5,349,405 1,013,921 ( 65,158) 6,298,168 683,547 - - 683,547 70,102 - - 70,102 134,041,200 6,181,839 - 140,223,039 151,357,707 7,664,469 ( 131,118) 158,891,058 ( 1,936,792) ( 42,723) 55,613 ( 1,923,902) ( 7,635,273) ( 270,962) 6,704 ( 7,899,531) ( 3,637,866) ( 355,157) 60,070 ( 3,932,953) ( 673,574) ( 9,973) ( 683,547) ( 27) ( 10,015) - ( 10,042) ( 54,617,722) ( 3,019,760) - ( 57,637,482) ( 68,501,254) ( 3,708,590) 122,387 ( 72,087,457) 82,856,453 3,955,879 ( 8,731) 86,803,601 $ 137,872,997 $ 12,835,930 $( 3,828,543) $ 146,880,384 Depreciation expense was charged to functions/programs of the primary government as follows: Governmental activities General government $ 1,518,615 Public safety 2,233,279 Public works 5,398,958 Culture and recreation 4,448,144 Tourism 751,238 Total depreciation expense - governmental activities $ 14,350,234 Business -type activities: Water and sewer $ 3,342,717 Lake Enterprise 365,873 Total depreciation expense - business -type activities $ 3,708,590 Water storage rights of $683,547 (net of accumulated amortization of $683,547) represent rights in the Federal Reservoir at Lake Grapevine purchased through a long-term contract with the federal government and are recorded at cost, with amortization being recorded using the straight-line method over the initial term of the contract of 40 years. 43 V Beginning Transfers Transfers and Ending Balance and Additions Retirements Balance Discretely Presented Component Unit: Capital assets, not being depreciated: Land $ 450,067 $ $ $ 450,067 Total assets not being depreciated 450,067 450,067 Capital assets, being depreciated: Building 1,031,174 1,031,174 Improvements other than building 945,651 25,000 970,651 Vehicles and equipment 31,275 - 31,275 Total capital assets being depreciated 2,008,100 25,000 2,033,100 Less accumulated depreciation: Building ( 370,898) ( 26,419) ( 397,317) Improvements other than building ( 940,977) ( 550) ( 941,527) Vehicles and equipment ( 31,275) - ( 31,275) Total accumulated depreciation ( 1,343,150) ( 26,969) ( 1,370,119) Total capital assets being depreciated, net 664,950 ( 1,969) 662,981 Discretely presented component unit capital assets, net $ 1,115,017 $( 1,969) $ $ 1,113,048 Construction Commitments The City has active construction commitments as of September 30, 2021, totaling $16,112,990. This includes building projects, street construction and improvements of existing streets, and repair and maintenance of existing water and sewer systems. Project Commitment Streets and drainage projects $ 4,223,732 Water and wastewater projects 5,215,839 Fiber optic cable project 1,242,968 Golf Clubhouse 83,649 Grapevine Main 5,253,925 Parks projects 92,877 Total $ 16,112,990 The commitments for buildings, streets and drainage construction will be funded from unexpended general obligation and certificates of obligation bond proceeds. Water and wastewater projects will be funded from unexpended certificates of obligation and revenue bond proceeds and operations. INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS The composition of interfund balances as of September 30, 2021, is as follows: Due to/from Other Funds Receivable Fund Payable Fund Amount General Fund Grants Fund $ 36,475 Crime District Fund 1,824,047 Lake Enterprise Fund 52,186 Nonmajor Governmental 24,065 Total General Fund 1,936,773 Hotel Occupancy Tax Nonmajor Governmental 234,772 4B-Transit 33,125 267,897 Total $ 2,204,670 44 Interfund balances for all the funds are created by short-term deficiencies in cash position in the individual fund. It is anticipated that the balances will be repaid in one year or less. Similar transactions such as this also exist between the primary government and the City's discretely presented component unit. The balances due to and due from component unit and primary government as of September 30, 2021, consisted of the following: Receivable Payable Amount Component unit - Heritage Foundation Primary Government - Hotel Occupancy Tax Fund Interfund Transfers A summary of interfund transfers by fund type is as follows: Transfers in Transfers out General Fund Hotel Occupancy Tax Fund 4-13 Economic Development Nonmajor Governmental Water and Sewer Fund Lake Enterprise Fund Total General Fund Hotel Occupancy Tax Fund Crime District Fund Debt Service Fund Total Debt Service 413-Economc Development Fund Nonmajor Governmental 4B-Transit Fund General Facilities & Equipment Nonmajor Governmental Hotel Occupancy Tax Fund 4-13 Economic Development 4B-Transit Fund General Fund 4B-Economic Development Hotel Occupancy Tax Fund General Facilities & Equipment Nonmajor Governmental Total nonmajor governmental Water and Sewer Fund Debt Service Fund Total $ 9,644 Amount Total $ 1,213,537 353,046 352,884 1,817,850 134,992 $ 3,872,309 278,852 1,390,053 5,513,302 6,903,355 998,850 1,400, 519 2,399,369 22,981 4,470,202 262,000 372 340,595 1,950,245 7,023,414 1,120,006 $ 21,620,286 Interfund transfers are primarily made by the City for the following reasons: • Budgeted transfers to the General Fund from other funds for operating and administrative allocations. • Operating transfer from the 413-Transit Fund to the Hotel Occupancy Tax Fund for visitor shuttle services. • Transfers to the Debt Service Fund to pay for self-supporting debt service expenditures. • Transfers to the Crime District Fund from the General Fund is a budgeted transfer to cover additional costs that are in excess of sales tax collections. • Transfers from the Debt Service Fund to the Water and Sewer Fund were made to pay debt recorded in the Water and Sewer Fund. 45 VI. DEFERRED INFLOWS OF RESOURCES As of September 30, 2021, deferred inflows of resources reported in the governmental funds for unavailable revenues are as follows: Property taxes Property tax penalties and interest Court fines and fees Ambulance billing Intergovernmental Other Total VII. LEASES Operatinq Leases Lake Parks General 4B-Economic Debt Facilities and Nonmajor General Development Service Equipment Governmental Total $ 49,042 $ $ 51,524 $ $ 106,838 101,829 151,959 - 106,466 3,430,143 10,233, 368 282,946 56,883 - 78,323 $ 4,127,394 $ 56,883 $ 153,353 $ 10,311,691 $ - $ 100,566 208,667 151,959 - 106,466 426,075 14,089,586 93,257 511,409 519,332 $ 15,168,653 The City entered into a 25-year lease agreement with the United States Corps of Engineers to operate and maintain approximately 770 acres of property at Lake Grapevine. The City is required to pay the cost to maintain and operate the property with revenues generated from park operations. The term of the operating lease is from October 2004 through September 2029. The agreement covers the park areas of Meadowmere Park, Oak Grove Park and Silver Lake Park ("Vineyards"). The City entered into another 25-year lease agreement with the United State Corps of Engineers to operate and maintain an additional 44.5 acres at Lake Grapevine referred to as Rockledge Park. The term of this operating lease is from March 2009 through March 2034. Gavlord Texan Resort and Convention Center The City leased property from the United States Corps of Engineers and subsequently entered into a sublease agreement with the Gaylord Texan Resort and Convention Center (Gaylord) on March 18, 1994, for a portion of the leased property. The contract is for 49 years and rent payment is $1 per year. The project opened on April 4, 2004, with 1,511 room convention hotel and over 400,000 square feet of convention, meeting, exhibit and related amenities and support facilities. In subsequent years, The City and Gaylord entered various addendums pertaining to the United States Corps of Engineers leased property. Gaylord completed and opened its $120 million Vineyard Tower expansion in summer of 2018. This project increased the number of rooms by 303 and provided 86,000 square feet of additional meeting space. This ranks Gaylord as the nation's second-largest non -gaming convention hotel when measured by total self-contained exhibit and meeting space. Cowboys Golf Course The City entered into a 50-year sublease agreement with the Cowboys Golf Course in 1999. The Cowboys Golf course management company's lease fee is 3% of Cowboys' gross revenues from operations. Vill. LONG-TERM LIABILITIES General Obliqation Bonds The City issues general obligation bonds to provide funds for the acquisition and construction of major capital facilities. General obligation bonds have been issued for both governmental and business -type activities. 46 General obligation bonds are direct obligations and pledge the full faith and credit of the City. These bonds generally are issued as 20-year serial bonds with principal maturing each year. In 2021, taxable $44,945,000 Series 2021 General Obligation Refunding Bonds were issued with maturities ranging from $625,000 to $4,780,000. The Series 2021 General Obligation Refunding Bonds were publicly sold and are repaid from the Debt Service Fund. The purpose of the taxable bonds was to refund certain outstanding ad valorem tax obligations of the City for debt service savings and for payment of the costs of issuance of the taxable bonds. A summary of the terms of general obligation bonds outstanding and their corresponding allocations to the governmental and business -type activities as of September 30, 2021, follows: General Obligation Bonds Governmental activities: 2010 General Obligation Refunding Bonds 2012 General Obligation Refunding Bonds 2013 General Obligation Bonds 2015 General Obligation Refunding Bonds 2017 General Obligation Refunding Bonds 2019 General Obligation Refunding and Improvement Bonds 2021 General Obligation Refunding Bonds Original Interest Rates Sale Date Borrow ing to Maturity Final Maturity Outstanding 08/05/2010 $ 6,560,000 4.000% 02/15/2022 $ 480,000 12/01/2012 8,060,000 2.000% - 2.125% 02/15/2027 1,410,000 06/15/2013 65,805,000 0.000% - 5.000% 02/15/2023 6,185,000 02/26/2015 14,695,000 3.000% 02/15/2026 1,255,000 02/21/2017 1,365,000 2.000%-3.000% 02/15/2027 860,000 07/09/2019 28,860,000 3.000% - 4.000% 02/15/2039 25,265,000 09/02/2021 44,945,000 1.000% - 2.000% 02/15/2033 44,945,000 Total general obligation bonds outstanding $ 80,400,000 Annual debt service requirements for general obligation bonds are as follows: Governmental Activities Year Ending Publicly Sold September 30, Principal Interest 2022 $ 6,220,000 $ 1,814,132 2023 5,940,000 1,595,543 2024 5,840,000 1,399,143 2025 6,030,000 1,248,116 2026 6,220,000 1,108,186 2027-2031 29,725,000 3,800,835 2032-2036 16,015,000 1,309,373 2037-2041 4,410,000 200,850 Total $ 80,400,000 $ 12,476,178 Certificates of Obligation The City also issued certificates of obligation to finance the acquisition and construction of capital assets including certain capital improvement projects, municipal facilities, and machinery and equipment. In 2021, tax-exempt $10,220,000 Series 2021 Combination Tax and Revenue Certificates of Obligation were issued with maturities ranging from $375,000 to $645,000. The Series 2021 Combination Tax and Revenue Certificates of Obligation were publicly sold and will be repaid from the Debt Service Fund. Proceeds from the sale of the Certificates will be used for ongoing capital projects, purchase of vehicles and other equipment, and paying the costs incurred in connection with the issuance of the Certificates. 47 The City had the following certificates of obligation outstanding as of September 30, 2021: Original Interest Rates Certificates of Obligation Sale Date Borrow ing to Maturity Final Maturity Outstanding Governmental activities: 2015 Combination Tax and Revenue Certificates of Obligation 2017 Combination Tax and Revenue Certificates of Obligation 2018 Combination Tax and Revenue Certificates of Obligation 2021 Combination Tax and Revenue Certififcates of Obligation Business -type activities: 2015 Combination Tax and Revenue Certificates of Obligation 02/26/2015 2,000,000 2,000,000 02/15/2035 $ 1,065,000 02/21/2017 9,535,000 9,535,000 02/15/2037 7,630,000 05/15/2018 32,310,000 32,310,000 02/15/2038 30,855,000 09/02/2021 10,220,000 10,220,000 02/15/2041 10,220,000 49, 770, 000 02/26/2015 9,720,000 2.250% - 4.500% 02/15/2035 7,395,000 Total certificates of obligation outstanding $57,165,000 Annual debt service requirements to maturity for certificates of obligation of the primary government are as follows: Governmental Activities Business -type Activities Year Ending Publicly Sold Publicly Sold September 30, Principal Interest Principal Interest 2022 $ 2,290,000 $ 1,743,725 $ 425,000 $ 242,075 2023 2,130,000 1,664,375 430,000 231,919 2024 2,225,000 1,564,863 440,000 219,944 2025 2,340,000 1,456,513 460,000 206,444 2026 2,475,000 1,342,075 460,000 191,493 2027-2031 13,865,000 4,957,756 2,715,000 656,006 2032-2036 16,080,000 2,495,553 2,465,000 154,541 2037-2041 8,365,000 331,121 - - Total $ 49,770,000 $ 15,555,981 $ 7,395,000 $ 1,902,422 Contractual Obliclations The City has issued contractual obligations to finance the acquisition of certain capital equipment. These obligations are issued pursuant to the Constitution of the State of Texas, including particularly Subchapter A of Chapter 271, Texas Local Government Code (the Public Property Finance Act), and constitute direct obligations of the City of Grapevine, Texas, payable from a continuing ad valorem tax levied on all taxable property within the City. The City had the following Public Property Finance ("PPF") contractual obligations outstanding as of September 30, 2021: Contractual Obligations Governmental activities: 2012 Public Property Finance Contractual Obligations 2015 Public Property Finance Contractual Obligations 2018 Public Property Finance Contractual Obligations Original Interest Rates Sale Date Borrow ing to Maturity Final Maturity Outstanding 12/04/2012 $1,225,000 1.500% - 2.250% 02/15/2027 $ 570,000 01/01/2015 3,070,000 4.000% 02/15/2026 775,000 03/06/2018 2,500,000 3.950% 03/01/2028 1,847,835 Total contractual obligations outstanding $ 3,192,835 48 Contractual obligation debt service requirements to maturity are as follows: Governmental Activities Governmental Activities Year Ending Publicly Sold Private Placement September 30, Principal Interest Principal Interest 2022 $ 585,000 $ 32,575 $ 234,309 $ 72,989 2023 155,000 19,688 243,564 63,734 2024 165,000 14,906 253,185 54,113 2025 165,000 9,969 263,186 44,113 2026 175,000 4,875 273,582 33,717 2027-2031 100,000 1,125 580,009 34,588 Total $ 1,345,000 $ 83,138 $ 1,847,835 $ 303,254 Revenue Bonds On May 15, 2018, the City issued Sales Tax Revenue Refunding Bonds, Series 2018, to refund the existing Sales Tax Revenue Bonds, Series 2014. The Sales Tax Revenue Refunding Bonds, Series 2018, were issued by the Grapevine 4B Economic Development Corporation, a blended component unit of the City, pursuant to Chapters 501, 502, and 505, Texas Local Government Code. These bonds are special obligations of the City, payable from a secured lien on and pledge of certain pledged revenues which include the proceeds of of the'/2 cent sales and use tax levied within the City for the benefit of the Grapevine 4B Economic Development Corporation. As of September 30, 2021, the remaining balances for principal and interest on the debt are $14,385,000 and $3,795,591, respectively. Annual debt service requirements through February 15, 2034, do not exceed $1,500,000 per year. Sales tax revenue collections in the 413-Economic Development Fund were $4,699,128. A reserve fund is required to be maintained as security for the payment of the sales tax revenue refunding bonds. The reserve fund is required to be funded in an amount equal to the maximum annual principal and interest required for the bonds. The reserve is currently funded at $1,402,400, which meets the reserve requirements. On June 6, 2000, the City issued Combination Tax and Tax Increment Revenue Certificates of Obligation, Series 2000. These bonds were subsequently refunded with Combination Tax and Tax Increment Reinvestment Zone Revenue Refunding Bonds, Series 2005A, and with Combination Tax and Tax Increment Reinvestment Zone Revenue Refunding Bonds, Series 2015A. The Combination Tax and Tax Increment Reinvestment Zone #2 Revenue Refunding Bonds, Series 2015A, were issued pursuant to the Constitution and the general laws of the State of Texas, including particularly, Chapter 1207, Texas Government Code and Section 9.26 of the City's Home Rule Charter, and are direct obligations of the City, payable from a combination of the levy and collection of a continuing ad valorem tax levied on all taxable property within the City and a subordinate lien on an pledge of the tax increments deposited in the tax increment fund established for TIF #2. As of September 30, 2021, the remaining principal and interest on the bonds was $10,375,000 and $1,132,350, respectively. Principal and interest payments for the fiscal year were $1,810,000 and $490,600. Tax increment revenues for TIF #2 for the current year were $6,263,301. The outstanding revenue bonds have a final maturity of August 15, 2026. A summary of the terms of the revenue bonds outstanding for the governmental activities as of September 30, 2021, is as follows: Original Interest Rates Revenue Bonds Sale Date Borrow ing to Maturity Final Maturity Outstanding Governmental activities: 2015 A Combination Tax and TIRZ #2 Revenue Refunding Bonds 01/23/2015 $ 20,565,000 3.000% - 5.000% 08/15/2026 $10,375,000 2018 Sales Tax Revenue Refunding Bonds 04/17/2018 16,930,000 3.000% - 4.000% 02/15/2034 14,385,000 Total revenue bonds outstanding $24,760,000 49 Annual debt service requirements for the revenue bonds are as follows: Governmental Activities Year Ending Publicly Sold September 30, Principal Interest 2022 $ 2,795,000 $ 898,994 2023 2,920,000 776,794 2024 3,050,000 649,019 2025 3,150,000 556,453 2026 3,245,000 459,619 2027-2031 5,650,000 1,345,862 2032-2036 3,950,000 241,200 Total $ 24,760,000 $ 4,927,941 The following is a summary of long-term liability transactions of the City for the year ended September 30, 2021: Governmental activities: General obligation bonds Certificates of obligation Contractual obligations Contractual obligations - private placement Revenue bonds Premium on bond issues Discount on bond issues Total bonds and notes payable Net OPEB liability Net pension liability Compensated absences Total governmental activities long-term liabilities Balance 9/30/2020 Increases Reductions $ 84,490,000 $ 44,945,000 $(49,035,000) $ 40,680,000 10,220,000 ( 1,130,000) 1,910,000 - ( 565,000) 2,073,240 - ( 225,405) 27,445,000 - ( 2,685,000) 7,018,360 864,001 ( 2,221,043) ( 31,856) 2,450 163,616,600 55,997,145 (55,858,998) 67,583,973 11,653,547 - 33,474,898 - ( 4,029,617) 4,554,556 2,623,729 ( 2,550,808) Balance Due Within 9/30/2021 One Year 80,400,000 $ 6,220,000 49,770,000 2,290,000 1,345,000 585,000 1,847,835 234,309 24,760,000 2,795,000 5,661,318 - 29,406) - 163,754,747 12,124, 309 79,237,520 - 29,445,281 - 4,627,477 1,156, 869 $ 269,230,027 $ 70,274,421 $(62,439,423) $ 277,065,025 $ 13,281,178 The liability for compensated absences and the pension and OPEB-related liabilities are paid from the General Fund, Crime District Fund, and enterprise funds based on the assignment of an employee at termination. Business -type activities: Water and sew er obligations: General obligation bonds Certificates of obligation Prernium on bond issues Total water and sewer bonds payable Net OPEB liability Net pension liability Compensated absences Total business -type activities long-term liabilities Balance Balance Due Within 9/30/2020 Increases Reductions 9/30/2021 One Year $ 455,000 $ $( 455,000) $ - $ - 7,800,000 ( 405,000) 7,395,000 425,000 352,468 ( 54,058) 298,410 - 8,607,468 ( 914,058) 7,693,410 425,000 8,022,595 847,214 - 8,869,809 - 3,130,431 - ( 300,958) 2,829,473 - 279,677 173,157 ( 158,731) 294,103 73,526 $ 20,040,171 $ 1,020,371 $( 1,373,747) $ 19,686,795 $ 498,526 50 IX. DEFINED BENEFIT PENSION PLAN Plan Description. The City of Grapevine participates as one of 895 plans in the defined benefit cash - balance plan administered by the Texas Municipal Retirement System (TMRS). TMRS is a statewide public retirement plan created by the State of Texas and administered in accordance with the TMRS Act, Subtitle G, Title 8, Texas Government Code (the TMRS Act) as an agent multiple -employer retirement system for employees of Texas participating cities. The TMRS Act places the general administration and management of TMRS with a six -member, Governor -appointed Board of Trustees; however, TMRS is not fiscally dependent on the State of Texas. TMRS issues a publicly available Annual Comprehensive Financial Report (Annual Report) that can be obtained at tmrs.com. All eligible employees of the City are required to participate in TMRS. Benefits Provided. TMRS provides retirement, disability and death benefits. Benefit provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS. At retirement, the benefit is calculated based on the sum of the Member's contributions, with interest, and the City -financed monetary credits with interest. The retiring Member may select one of seven monthly benefit payment options. Members may also choose to receive a portion of their benefit as a lump sum distribution in an amount equal to 12, 24, or 36 monthly payments, which cannot exceed 75% of the total Member contributions and interest. Starting in 2005, the City of Grapevine granted an annually repeating (automatic) basis monetary credit referred to as an updated service credit (USC) which is a theoretical amount which considers salary increases or plan improvements. If at any time during their career an employee earns a USC, this amount remains in their account earning interest until retirement. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with interest and the employer match plus employer -financed monetary credits, such as USC, with interest were used to purchase an annuity. Additionally, initiated in 1998, the City of Grapevine provided on an annually repeating (automatic) basis cost of living adjustments (COLA) for retirees equal to a percentage of the change in the consumer price index (CPI). The plan provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS. Plan provisions for the City were as follows: Employee deposit rate 7% Matching ratio (City to employee) 2 to 1 Years required for vesting 5 Service retirement eligibility 20 years to any age, or 5 years at age 60 and above Updated service credit 100% repeating, transfers Annuity increase to retirees 70% of CPI, repeating Employees covered by benefit terms At the December 31, 2020, valuation and measurement date, the following employees were covered by the benefit terms: Inactive employees or beneficiaries currently receiving benefits 454 Inactive employees entitled to but not yet receiving benefits 285 Active employees 592 Total 1,331 Contributions. Member contribution rates in TMRS are either 5%, 6%, or 7% of the Member's total compensation, and the City matching percentages are either 100%, 150%, or 200%, both as adopted by the governing body of the City. Under the state law governing TMRS, the contributions rate for each City is determined annually by the actuary, using the Entry Age Normal (EAN) actuarial cost method. The City's contribution rate is based on the liabilities created from the benefit plan options selected by the City and any changes in benefits or actual experience over time. 51 Employees for the City of Grapevine were required to contribute 7% of their annual gross earnings during the fiscal year. The contribution rate for the City of Grapevine were 18.82% and 18.53% in calendar years 2021 and 2020, respectively. The City's contributions to TMRS for the year ended September 30, 2021, were $8,857,579 and were equal to the required contributions. Net Pension Liability. The City's Net Pension Liability (NPL) was measured as of December 31, 2020, and the Total Pension Liability (TPL) used to calculate the Net Pension Liability was determined by an actuarial valuation as of that date. Actuarial assumptions: The total pension liability in the December 31, 2020, actuarial valuation was determined using the following actuarial assumptions: Inflation 2.50% per year Overall payroll growth 2.75% per year Investment Rate of Return 6.75% Salary increases were based on a service -related table. Mortality rates for active members are based on the PUB(10) mortality tables with the Public Safety table used for males and the General Employee table used for females. Mortality rates for healthy retirees and beneficiaries are based on the Gender -distinct 2019 Municipal Retirees of Texas mortality tables. The rates for actives, heathy retirees and beneficiaries are projected on a fully generational basis by Scale UMP to account for future mortality improvements. For disabled annuitants, the same mortality tables for healthy retirees are used with a 4-year set forward for males and a 3- year set -forward for females. In addition, a 3.5% and 3.0% minimum mortality rate is applied, for males and females respectively, to reflect the impairment for younger members who become disabled. The rates are projected on a fully generational basis by Scale UMP to account for future mortality improvements subject to the floor. The actuarial assumptions were developed primarily from the actuarial investigation of the experience of TMRS over the four-year period from December 31, 2014, to December 31, 2018. They were adopted in 2019 and first used in the December 31, 2019, actuarial valuation. The post -retirement mortality assumption for Annuity Purchase Rate (APRs) is based on the Mortality Experience Investigation Study covering 2009 through 2011 and dated December 31, 2013. In conjunction with these changes first used in the December 31, 2013 valuation, the System adopted the Entry Age Normal actuarial cost method and a one-time change to the amortization policy. Plan assets are managed on a total return basis with an emphasis on both capital appreciation as well as the production of income to satisfy the short-term and long-term funding needs of TMRS. The long-term expected rate of return on pension plan investments was determined using a building-block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. In determining their best estimate of a recommended investment return assumption under the various alternative asset allocation portfolios, GRS focused on the area between (1) arithmetic mean (aggressive) without an adjustment for time (conservative) and (2) the geometric mean (conservative) with an adjustment for time (aggressive). The target allocation and best estimates of real rates return for each major asset class in fiscal year 2021 are summarized in the following table: Long -Term Expected Target Real Rate of Return Asset Class Allocation (Arithmetic) Global Equity 30% 5.30% Core Fixed Income 10% 1.25% Non -Core Fixed Income 20% 4.14% Real Return 10% 3.85% Real Estate 10% 4.00% Absolute Return 10% 3.48% Private Equity 10% 7.75% Total 100% 52 Discount Rate The discount rate used to measure the Total Pension Liability was 6.75%. The projection of cash flows used to determine the discount rate assumed that Member and employer contributions will be made at the rates specified in statute. Based on that assumption, the pension plan's Fiduciary Net Position was projected to be available to make all projected future benefit payments of current active and inactive Members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the Total Pension Liability. Changes in the Net Pension Liability Increase (Decrease) Total Pension Plan Fiduciary Net Pension Liability Net Position Liability (a) (b) (a) - (b) Balance at 12/31/2019 $ 303,673,126 $ 267,067,797 $ 36,605,329 Changes for the year: Service cost 8,865,558 - 8,865,558 Interest 20,359,202 - 20,359,202 Difference between expected and actual experience ( 1,320,295) - ( 1,320,295) Changes of assumptions - - Contributions - employer - 8,775,571 ( 8,775,571) Contributions - employee - 3,315,113 ( 3,315,113) Net investment income 20,280,650 ( 20,280,650) Benefit payments, including refunds of employee contributions ( 12,976,187) ( 12,976,187) - Administrative expense ( 131,176) 131,176 Other changes - ( 5,118) 5,118 Net changes 14,928,278 19,258,853 ( 4,330,575) Balance at 12/31/2020 $ 318,601,404 $ 286,326,650 $ 32,274,754 The following presents the net pension liability of the City, calculated using the discount rate of 6.75%, as well as what the City's net pension liability would be if it were calculated using a discount rate that is 1 percentage point lower (5.75%) or 1 percentage point higher (7.75%) than the current rate: 1% Decrease in Current Single Discount 1% Increase in Discount Rate Rate Assumption Discount Rate (5.75%) (6.75%) (7.75%) City's net pension liability (asset) $ 76,451,912 $ 32,274,754 $( 4,109,876) Pension Plan Fiduciary Net Position Detailed information about the pension plan's Fiduciary Net Position is available in the Schedule of Changes in Fiduciary Net Position, by Participating City. That report may be obtained at tmrs.com. Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the year ended September 30, 2021, the City recognized pension expense of $4,473,755, which is allocated to the governmental and business -type activities in the amounts of $4,081,549 and $392,206, respectively. 53 As of September 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Differences between expected and actual economic experience Changes in actuarial assumptions Difference between projected and actual investment earnings Contributions subsequent to the measurement date Total Deferred Outflows Deferred Inflows of Resources of Resources 371,941 $ 1,584,509 117.323 - 7,590,970 6,863,006 - 7,352,270 $ 9,175,479 $6,863,006 reported as deferred outflows of resources related to pensions resulting from contributions subsequent to the measurement date will be recognized as a reduction of the Net Pension Liability for the year ending September 30, 2022. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: For the Year Ended September 30, 2022 $( 3,287,695) 2023 ( 114,230) 2024 ( 4,653,924) 2025 ( 630,366) Total $( 8,686,215) X. OTHER POSTEMPLOYMENT BENEFITS Post -retirement Health Care Benefits Plan Description. The City provides certain health care and life insurance benefits through an agent, multiple -employer, defined benefit OPEB plan, under City ordinance, for all full and part-time employees that meet eligibility requirements. Eligible individuals include retired employees who have satisfied the requirement as defined by the Texas Municipal Retirement System and their dependents that were covered prior to retirement. The requirement as defined by the Texas Municipal Retirement System is any age with 20 years of service or 5 years of service for age 60 and above. City Council members that serve three terms will be classified as retired employees when they leave office. Retirees pay premiums for coverage in the OPEB programs. There is not a maximum employer paid premium amount (capped benefit). Active employees do not contribute to the retiree health care plan. Retirees are eligible for benefits immediately upon retirement. If the employee returns to work for an employer that offers health coverage, they become ineligible for the City's plan and cannot rejoin the City's health plan at a later date. Benefits Provided Retirees are eligible for medical, dental, vision, and prescription insurance until they become Medicare eligible. Retirees are also eligible for a $20,000 life insurance policy. Once Medicare eligible, retirees are eligible for dental, vision, and life insurance only. At that time, the City medical plan will no longer be available. The City supplements 70% of the premium to all retirees who either (1) retire after the age of 65 or (2) are covered pre -Medicare in the retiree medical program. Spouses of retirees will receive the City supplement if they have been on the plan for one year prior to retirement. 54 If an active employee passes away, the spouse and dependents will become eligible for retiree coverage if (1) the employee was eligible for retirement as defined by the Texas Municipal Retirement System; and (2) the employee had dependent coverage at the time of death. Coverage will continue under the plan if monthly retiree premiums are paid by the specified due date, until dependents are no longer considered eligible dependents as defined by the plan, until the covered dependent becomes Medicare eligible, or until a surviving spouse remarries. For the fiscal year ended September 30, 2021, the City's contributions to the plan were $1,730,980, which was equal to benefit payments. The number of employees currently covered by the benefit terms is as follows: Inactive employees or beneficiaries currently receiving benefits 238 Active members 599 Total 837 Actuarial Methods and Assumptions Significant methods and assumptions were as follows: Actuarial Valuation Date 12/31/2020 Actuarial Cost Method Individual Entry Age Normal Discount Rate 2.04% as of December 31, 2020 Inflation Rate 2.50% Salary Increases 3.50% to 11.50%, including inflation Demographic Assumptions Based on the experience study covering the four-year period ending December 31, 2018 as conducted for the Texas Municipal Retirement System (TMRS) Mortality For healthy retirees, the gender -distinct 2019 Municipal Retirees of Texas mortality tables are used. The rates are projected on a fully generational basis using the ultimate mortality improvement rates in the MP tables to account for future mortality improvements. Participation Rates For health care coverage: 85% for retirees w ho are at least 50 years old at retirement and 65% for retirees who are younger than 50 years old at retirement; For life insurance: 85% regardless of age at retirement Health care cost trend rates Pre-65 Medical: Initial rate of 7.00% declining to an ultimate rate of 4.25% after 13 years; Post-65 Medical Subsidy: Increases with inflation; Dental: 4.00%; Vision: 3.00% Note: The long-term investment return assumption was changed from 6.75% to 6.25%. The Single Discount Rate changed from2.95% as of December 31, 2019 to 2.04% as of December 31, 2020. Projections of health benefits are based on the plan as understood by the City and include the types of benefits in force at the valuation date and the pattern of sharing benefit costs between the City and its employees to that point. Actuarial calculations reflect a long-term perspective and employ methods and assumptions that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. There is no separately issued audited benefit plan report available for the City's OPEB plan. 55 Discount Rate A single discount rate of 2.04% was used to measure the total OPEB liability. This single discount rate was based on the municipal bond rates as of the measurement date. The source of the municipal bond rate was fixed -income municipal bonds with 20 years to maturity that include only federally tax-exempt municipal bonds as reported in Fidelity Index's "20-year Municipal GO AA Index" based on the daily rate closest to but not later than the measurement date. For the purpose of this valuation, the expected rate of return on OPEB plan investments is 6.25%. Discount Rate Sensitivity Analysis The following schedule shows the impact of the net OPEB liability if the discount rate used was 1 % less than and 1 % greater than the discount rate that was used (2.04%) in measuring the net OPEB liability. 1 % Decrease in 1 % Increase in Discount Rate (1.04%) Discount Rate (2.04%) Discount Rate (3.04%) City's net OPEB liability $ 102,364,655 $ 88,107,329 $ 76,517,535 Healthcare Cost Trend Rate Sensitivity Analysis The following schedule shows the impact of the net OPEB liability if the Healthcare Cost Trend Rate used was 1 % less than and 1 % greater than what was used in measuring the Net OPEB liability. City's net OPEB liability $ 1% Decrease 74,842,275 $ Current Healthcare Cost Trend Rate Assumption 88,107,329 $ 1 % Increase OPEB Liabilities, OPEB Expense, and Deferred Outflows of Resources Related to OPEBs 105,164, 557 As of September 30, 2021, the City reported a liability of $88,107,329 for its net OPEB liability. The net OPEB liability was determined by an actuarial valuation as of December 31, 2020. For the year ended September 30, 2021, the City recognized OPEB expense of $8,208,067, which is allocated to governmental and business -type activities in the amounts of $7,381,757 and $826,310, respectively. There were no changes of benefit terms that affected measurement of the net OPEB liability during the measurement period. Balance at 12/31/2019 Changes for the year: Service cost Interest Difference between expected and actual experience Changes of assumptions Contributions - employer Net investment income Benefit payments Administrative expense Net changes Balance at 12/31/2020 Increase (Decrease) Total OPEB Plan Fiduciary Liability Net Position (a) (b) $ 77,878,304 $ 2,271,736 Net OPEB Liability (a) - (b) 75,606,568 4,841,226 4,841,226 2,339,946 2,339,946 ( 3,113,851) ( 3,113,851) 10,638,856 - 10,638,856 - 1,957,430 ( 1,957,430) 261,069 ( 261,069) ( 1,957,430) ( 1,957,430) - ( 13,083) 13,083 12,748,747 247,986 12,500,761 $ 90,627,051 $ 2,519,722 $ 88,107,329 56 XI XII Changes in assumptions and other inputs reflect a change in the discount rate from 2.95% to 2.04%. As of September 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: Differences between expected and actual economic experience Changes in actuarial assumptions Difference between projected and actual investment earnings Contributions subsequent to the measurement date Total Deferred Outflows Deferred Inflows of Resources of Resources 94,471 $ 3,686,187 15,863,118 4,975,339 138,242 1,334,148 - 17,291,737 $ 8,799,768 $1,334,148 reported as deferred outflows of resources related to OPEB resulting from contributions subsequent to the measurement date are due to benefit payments the City paid with own assets and will be recognized as a reduction of the net OPEB liability for the year ending September 30, 2022. Other amounts of the reported as deferred outflows and inflows of resources related to OPEB will be recognized in OPEB expense as follows: For the Year Ended September 30, 2022 $ 1,166,711 2023 1,172,606 2024 1,139,181 2025 695,405 2026 1,552,992 Thereafter 1,430,926 Total $ 7,157,821 COMMITMENTS AND CONTINGENCIES The City is a defendant in several pending lawsuits. City management estimates, based on the advice of legal counsel, that the potential claims against the City, in excess of insurance coverage, would not materially affect the basic financial statements of the City. The City participates in several federal and state grant programs. These programs are subject to program compliance audits by the grantors or their representatives. Any liability that may arise as the result of these audits is not believed to be estimable or probable. TAX ABATEMENTS The City enters into economic development agreements designed to promote development and redevelopment within the City, spur economic improvement, stimulate commercial activity, generate additional sales tax, and enhance the property tax base and economic vitality of the City. The City's economic development agreements are authorized under Chapter 380 of the Texas Local Government Code, Chapter 311 (Tax Increment Financing Act) and Chapter 312 (Property Redevelopment and Tax Abatement) of the Texas Tax Code. The economic development agreements are designed to support the creation of new businesses, the expansion and retention of existing businesses within the City, and the attraction of companies that offer high impact jobs and share the community's values. Recipients may be eligible to receive economic assistance based on the employment, economic or community impact of the project requesting assistance. Recipients generally commit to building or remodeling real property and related infrastructure, redeveloping properties, expanding operations, or bringing targeted business to the City. Agreements generally contain recapture provisions which may require repayment or termination if recipients do not meet the required provisions of the economic incentives. 57 The City has the following categories of economic development agreements: XIII General Economic Development — The City enters into various agreements under Chapter 380 of the Texas Local Government Code to stimulate economic development. Agreements may rebate a flat amount or a percentage of hotel occupancy taxes or sales taxes received by the City, may result in fee reductions such as utility charges or building inspection or permit fees, or make lump sum payments to offset moving expenses, tenant finish -outs, demolition costs, infrastructure reimbursements, redevelopment costs, or other expenses. For fiscal year 2021, the City rebated $4,061,689 in taxes, made incentive payments of $96,540 under these agreements. Tax Increment Financinq. — The City has adopted two Tax Increment Financing zones ("TIFs") under Chapter 311 of the Texas Tax Code. The City enters into economic development and infrastructure reimbursement agreements which earmark TIF revenues for payment to developers and represent obligations over the life of the TIF or until the terms of the agreements have been met. Additionally, the City enters into general economic development agreements under Chapter 380 of the Texas Local Government Code, which are funded with TIF resources. The City made $5,790,396 in payments for TIF obligations. RISK MANAGEMENT The City purchases a fully insured program for property and casualty insurance coverage through Travelers Insurance and workers' compensation coverage through Texas Municipal League. The City is insured at the following limits: Policy Limits Deductible General liability $1,000,000 per occurrence/$2,000,000 aggregate $10,000 Automobile liability $1,000,000 per occurrence $0 Automobile physical damage Actual cash value $1,000 Excess liability $10,000,000 per occurrence/$10,000,000 aggregate $0 Property $250,562,582 varies by peril Workers' compensation Statutory/employers' liability $1,000,000 Risk Management oversees the City's self -insured employee health plan and retiree health plans. UMR is the third -party administrator for the employee and pre-65 retiree health plans. Claims and other plan administration services are performed by UMR. All participating funds make payments to the General Fund for their portion of property and casualty and health plan cost. Financial responsibility in a self -insured funding arrangement is on the City, the risk of losses exceeding an affordable threshold is transferred to an insurance company through the purchase of stop -loss insurance with Stealth Partner Group. Stop -loss insurance protects the City from plan claims costs exceeding a specified deductible during the plan year. Specific Excess Loss Insurance The City has specific excess loss insurance to cover specific claims incurred by plan participants. The City has a $250,000 specific deductible for each medical plan member. The specific benefit period reimbursement maximum under this coverage is unlimited per covered person. Aqqreqate Excess Loss Insurance The City also has coverage for aggregate claims incurred under the self -insured health plan. Under this coverage, aggregate claims in excess of an estimate annual aggregate attachment point of $9,505,503 would be covered up to an aggregate benefit period reimbursement maximum of $1,000,000. 58 XIV XV. MATL The City establishes the insurance claim liability based on estimates of the ultimate cost of claims reported but unsettled and of claims incurred but not reported. Any claims incurred and not reported are not believed to be significant to the City's financial statements. Activity for the last two years is as follows: 2021 2020 Claims payable, beginning of year $ 788,072 $ 694,451 Current year claims and changes in estimates 10,038,172 10,190,154 Payments on claims ( 10,125,981) ( 10,096,533) Claims payable at end of year $ 700,263 $ 788,072 IMPACT FEES The City records impact fees received in excess of the cost of physical connection to the water and sewer system as revenues. Corresponding cash is recorded as a restricted asset for future expansion of the water and sewer system. WATER AND SEWER CONTRACTS The City has separate contracts with the Trinity River Authority of Texas ("TRA") for the purchase of treated water and for the transportation, treatment, and disposal of wastewater. The contracts require the City to pay varying amounts based on the costs associated with water purchased and wastewater transported and/or treated and disposed. The costs include the City's proportionate share of TRA's operating and maintenance expenses, related debt service costs, plus certain other miscellaneous charges. The City also purchases water from the City of Dallas -Water Utilities and Dallas County Park Cities Municipal Utilities District. Payments during 2021 for the purchase of treated water were $8,767,563 and payments made for the transportation, treatment, and disposal of wastewater by TRA were $2,090,337. If the City were unable to fulfill its obligations under the contracts, the only liability for future payment would be its proportionate share of debt service requirements. In addition, the City does not retain an ongoing financial interest in TRA and has no representation on the TRA Board; therefore, the TRA contracts are not considered to be joint venture agreements. PRIOR PERIOD ADJUSTMENT In the General Facilities and Equipment Fund and the Governmental Activities column in the government - wide financial statements, a prior period adjustment was recorded to decrease beginning equity by $3,358,000. This adjustment was made to account for expenditures (expenses) that should have been recorded in prior years. 59 THIS PAGE LEFT BLANK INTENTIONALLY REQUIRED SUPPLEMENTARY INFORMATION THIS PAGE LEFT BLANK INTENTIONALLY CITY OF GRAPEVINE, TEXAS GENERALFUND BUDGETARY COMPARISON SCHEDULE FOR THE YEAR ENDED SEPTEMBER 30, 2021 REVENUES Property taxes Sales taxes Mixed beverage taxes Franchise taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues EXPENDITURES Current: General government Public safety Culture and recreation Public works Transportation Capital outlay Debt service: Fiscal agent charges Total expenditures EXCESS (DEFICIENCY) OF REVENUE OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers in Transfers out Sale of capital assets Insurance recoveries Total other financing sources (uses) NET CHANGE IN FUND BALANCES FUND BALANCES, BEGINNING FUND BALANCES, ENDING The accompanying notes are an integral part of this schedule. Budgeted Amounts Original Final Variance with Final Budget - Positive Actual (Negative) $ 13,494,517 $ 13,494,517 $ 13,521,636 $ 27,119 24,581,761 24,581,761 28,590,889 4,009,128 1,899,934 1,899,934 1,793,124 ( 106,810) 6,906,950 6,906,950 5,858,497 ( 1,048,453) 1,587,296 1,587,296 1,459,940 ( 127,356) 339,094 339,094 3,988,244 3,649,150 6,459,500 6,459,500 5,588,363 ( 871,137) 1,362,500 1,362,500 933,618 ( 428,882) 130,500 130,500 10,607 ( 119,893) 411,434 411,434 469,463 58,029 57,173,486 57,173,486 62,214,381 5,040,895 16,427,881 16,600,171 13,809,752 9,154,845 115,000 16,528,073 16,600,171 13,809,752 9,154,845 139,000 56,107,649 56,231,841 1,065,837 941,645 17,575,948 ( 1,047,875) 16,505,107 95,064 14,218,244 ( 408,492) 8,746,656 408,189 61,761 ( 61,761) 85,576 53,424 4,335 ( 4,335) 57,197,627 ( 965,786) 5,016,754 4,075,109 4,229,234 4,229,234 3,872,309 ( 356,925) ( 5,363,892) ( 5,363,892) ( 9,983,504) ( 4,619,612) 25,700 25,700 648,452 622,752 130,000 130,000 454,548 324,548 ( 978,958) ( 978,958) ( 5,008,195) ( 4,029,237) 86,879 ( 37,313) 8,559 45,872 11,574,295 11,574,295 11,574,295 - $ 11,661,174 $ 11,536,982 $ 11,582,854 $ 45,872 60 CITY OF GRAPEVINE, TEXAS HOTEL OCCUPANCY TAX BUDGETARY COMPARISON SCHEDULE FOR THE YEAR ENDED SEPTEMBER 30, 2021 Budgeted Amounts Variance with Final Budget - Positive Original Final Actual (Negative) REVENUES Taxes $ 14,350,413 $ 14,350,413 $ 12,625,773 $( 1,724,640) Charges for services 8,210,691 8,210,691 5,426,172 ( 2,784,519) Investment income 230,100 230,100 107,593 ( 122,507) Miscellaneous 20,000 20,000 16,980 ( 3,020) Total revenues 22,811,204 22,811,204 18,176,518 ( 4,634,686) EXPENDITURES Current: Tourism 22,849,293 22,863,561 16,985,839 5,877,722 Capital outlay - - 18,223 ( 18,223) Debt Service: Fiscal agent charges - - 1,916 ( 1,916) Total expenditures 22,849,293 22,863,561 17,005,978 5,857,583 EXCESS (DEFICIENCY) OF REVENUE OVER (UNDER) EXPENDITURES ( 38,089) ( 52,357) 1,170,540 1,222,897 OTHER FINANCING SOURCES (USES) Transfers in 464,141 464,141 278,852 ( 185,289) Transfers out ( 2,212,387) ( 2,212,387) ( 2,212,759) ( 372) Total other financing sources (uses) ( 1,748,246) ( 1,748,246) ( 1,933,907) ( 185,661) NET CHANGE IN FUND BALANCES FUND BALANCES, BEGINNING FUND BALANCES, ENDING The accompanying notes are an integral part of this schedule. ( 1,786,335) ( 1,800,603) ( 763,367) 1,037,236 17,720,812 17,720,812 17,720,812 - $ 15,934,477 $ 15,920,209 $ 16,957,445 $ 1,037,236 61 CITY OF GRAPEVINE, TEXAS CRIME DISTRICT BUDGETARY COMPARISON SCHEDULE FOR THE YEAR ENDED SEPTEMBER 30, 2021 REVENUES Taxes Intergovernmental Fines and forfeitures Investment income Miscellaneous Total revenues EXPENDITURES Current: General government Public safety Capital outlay Total expenditures EXCESS (DEFICIENCY) OF REVENUE OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers in Total other financing sources (uses) NET CHANGE IN FUND BALANCES FUND BALANCES, BEGINNING FUND BALANCES, ENDING The accompanying notes are an integral part of this schedule. Budgeted Amounts Variance with Final Budget - Positive Original Final Actual (Negative) $ 12,290,880 $ 12,290,880 $ 14,039,776 $ 1,748,896 - - 8,895 8,895 111,900 111,900 50,145 ( 61,755) 35,000 35,000 494 ( 34,506) 6,500 6,500 23,038 16,538 12,444,280 12,444,280 14,122,348 1,678,068 189,513 189,513 224,323 ( 34,810) 17,487,592 17,668,469 17,844,823 ( 176,354) - - 118,004 ( 118,004) 17,677,105 17,857,982 18,187,150 ( 329,168) ( 5,232,825) ( 5,413,702) ( 4,064,802) 1,348,900 5,363,892 5,363,892 6,903,355 1,539,463 5,363,892 5,363,892 6,903,355 1,539,463 131,067 ( 49,810) 2,838,553 2,888,363 ( 2,824,924) ( 2,824,924) ( 2,824,924) - $( 2,693,857) $( 2,874,734) $ 13,629 $ 2,888,363 62 CITY OF GRAPEVINE, TEXAS 4B - ECONOMIC DEVELOPMENT BUDGETARY COMPARISON SCHEDULE FOR THE YEAR ENDED SEPTEMBER 30, 2021 Budgeted Amounts Variance with Final Budget - Positive Original Final Actual (Negative) REVENUES Taxes $ 3,653,721 $ 3,653,721 $ 4,699,128 $ 1,045,407 Charges for services - - 154,290 154,290 Investment income 110,000 110,000 9,056 ( 100,944) Miscellaneous - - 5,098 5,098 Total revenues 3,763,721 3,763,721 4,867,572 1,103,851 EXPENDITURES Current: Economic development 2,071,998 2,073,623 2,908,736 ( 835,113) Total expenditures 2,071,998 2,073,623 2,908,736 ( 835,113) EXCESS (DEFICIENCY) OF REVENUE OVER (UNDER) EXPENDITURES 1,691,723 1,690,098 1,958,836 268,738 OTHER FINANCING SOURCES (USES) Transfers in - - 22,981 22,981 Transfers out ( 1,691,723) ( 1,691,723) ( 2,015,565) ( 323,842) Insurance recoveries - - 28,749 28,749 Total other financing sources (uses) ( 1,691,723) ( 1,691,723) ( 1,963,835) ( 272,112) NET CHANGE IN FUND BALANCES - ( 1,625) ( 4,999) ( 3,374) FUND BALANCES, BEGINNING 12,214,640 12,214,640 12,214,640 - FUND BALANCES, ENDING $ 12,214,640 $ 12,213,015 $ 12,209,641 $( 3,374) The accompanying notes are an integral part of this schedule. 63 CITY OF GRAPEVINE, TEXAS 4B - TRANSIT BUDGETARY COMPARISON SCHEDULE FOR THE YEAR ENDED SEPTEMBER 30, 2021 Budgeted Amounts Original Final REVENUES Variance with Final Budget - Positive Actual (Negative) Sales taxes $ 9,218,161 $ 9,218,161 $ 9,584,397 $ 366,236 Investment income 10,000 10,000 63 ( 9,937) Total revenues 9,228,161 9,228,161 9,584,460 356,299 EXPENDITURES Current: Transportation 8,754,020 8,754,020 9,305,545 ( 551,525) Total expenditures 8,754,020 8,754,020 9,305,545 ( 551,525) EXCESS (DEFICIENCY) OF REVENUE OVER (UNDER) EXPENDITURES 474,141 474,141 278,915 OTHER FINANCING SOURCES (USES) Transfers out ( 464,141) ( 464,141) ( 301,833) Total other financing sources (uses) ( 464,141) ( 464,141) ( 301,833) NET CHANGE IN FUND BALANCE 10,000 10,000 ( 22,918) FUND BALANCE, BEGINNING 22,918 22,918 22,918 FUND BALANCE, ENDING $ 32,918 $ 32,918 $ - $( The accompanying notes are an integral part of this schedule. 64 195,226) 162,308 162,308 32,918) 32,918) CITY OF GRAPEVINE, TEXAS SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS - TEXAS MUNICIPAL RETIREMENT SYSTEM FOR THE YEAR ENDED SEPTEMBER 30, 2021 Plan Year A. Total pension liability Service Cost Interest (on the total pension liability) Difference between expected and actual experience Changes of assumptions Benefit payments, including refunds of employee contributions Net change in total pension liability Total pension liability - beginning Total pension liability - ending (a) B. Plan fiduciary net position Contributions - employer Contributions - employee Net investment income Benefit payments, including refunds of employee contributions Administrative expense Other Net change in plan fiduciary net position Plan fiduciary net position - beginning Plan fiduciary net position - ending (b) C. Net pension liability - ending (a) - (b) D. Plan fiduciary net position as a percentage of total pension liability E. Covered payroll F. Net pension liability as a percentage of covered payroll 2014 2015 $ 6,509,572 $ 7,082,668 15,338,396 16,144,617 ( 1,847,827) ( 1,393,602) - ( 77,299) ( 8,121,165) ( 9,417,307) 11,878,976 12,339,077 219,925,733 231,804,709 $ 231,804,709 $ 244,143,786 $ 6,975,288 $ 7,547,081 2,583,406 2,769,765 10,365,590 284,606 ( 8,121,165) ( 9,417,307) ( 108,213) ( 173,344) ( 8,897) ( 8,562) 11,686,009 1,002,239 181,182,907 192,868,916 192,868,916 193,871,155 $ 38,935,793 $ 50,272,631 83.20% 79.41 % $ 36,690,944 $ 39,260,910 106.12% 128.05% Note: GASB Statement No. 68 requires 10 years of data to be provided in this schedule. As of September 30, 2021, only 7 years are included and additional years will be added in the future as the information becomes available. 65 2016 2017 2018 2019 2020 $ 7,293,298 $ 7,724,236 $ 8,129,774 $ 8,579,543 $ 8,865,558 16,410,412 17,301,746 18,265,311 19,238,959 20,359,202 ( 1,109,085) ( 772,200) ( 1,201,653) 659,154 ( 1,320,295) - - - 207,921 - ( 9,346,450) ( 9,863,833) ( 10,499,198) ( 11,488,595) ( 12,976,187) 13,248,175 14,389,949 14,694,234 17,196,982 14,928,278 244,143,786 257,391,961 271,781,910 286,476,144 303,673,126 $ 257,391,961 $ 271,781,910 $ 286,476,144 $ 303,673,126 $ 318,601,404 $ 7,526,300 $ 2,764,119 13,104,905 ( 9,346,450) ( ( 147,973) ( ( 7,972) 13,892,929 193, 871,155 207,764,084 $ 49,627,877 $ 80.72% $ 39,444,551 $ 125.82% 7,958,051 $ 2,922,684 28,801,972 9,863,833) ( 149,230) ( 7,564) ( 29,662,080 207,764,084 237,426,164 34,355,746 $ 87.36% 41,752,627 $ 82.28% 8,375,515 $ 3,093,341 7,113,672) 10,499,198) ( 137,452) ( 7,184) ( 6,288,650) 237,426,164 231,137,514 55,338,630 $ 80.68% 44,087,711 $ 125.52% 8,626,976 $ 3,250,584 35,749,292 11,488,595) ( 201,910) ( 6,064) ( 35,930,283 231,137,514 267,067,797 36,605,329 $ 87.95% 46,426,097 $ 78.85% 8,775,571 3,315,113 20,280,650 12,976,187) 131,176) 5,118) 19,258,853 267,067,797 286,326,650 32,274,754 89.87% 47,358,751 68.15% 66 CITY OF GRAPEVINE, TEXAS SCHEDULE OF PENSION CONTRIBUTIONS TEXAS MUNICIPAL RETIREMENT SYSTEM FOR THE YEAR ENDED SEPTEMBER 30, 2021 Fiscal Year Actuarial determined contribution Contributions in relation to the actuarially determined contribution Contribution deficiency (excess) Covered payroll Contributions as a percentage of covered payroll 2014 2015 2016 $ 6,911,778 $ 7,193,830 $ 7,395,291 6,911,778 7,193,830 7,395,291 36,595,511 37,658,091 38,748,515 18.89% 19.10% 19.09% Notes to Schedule of Contributions Valuation Date: Actuarially determined contribution rates are calculated as of December 31st and become effective in January, 13 months and a day later. Methods and Assumptions Used to Determine Contribution Rates: Actuarial Cost Method Entry Age Normal Amortization Method Level Percentage of Payroll, Closed Remaining Amortization Period 25 years Asset Valuation Method 10 Year smoothed market; 12% soft corridor Inflation 2.5% Salary Increases 3.50% to 11.50% including inflation Investment Rate of Return 6.75% Retirement Age Experience -based table of rates that are specific to the City's plan of benefits. Last updated for the 2019 valuation pursuant to an experience study of the period 2014 - 2018 Mortality Post -retirement: 2019 Municipal Retirees of Texas Mortality Tables. The rates are projected on a fully generational basis with scale LIMP. Pre -retirement: PUB(10) mortality tables, with the Public Safety table used for males and the General Employee table used for females. The rates are projected on a fully generational basis with scale LIMP. Other Information There were no benefit changes during the year. Note: GASB Statement No. 68 requires 10 years of data to be provided in this schedule. As of September 30, 2021, only 8 years are included and additional years will be added in the future as the information becomes available. 67 2017 2018 2019 2020 2021 $ 7,815,149 $ 8,334,727 $ 8,735,515 $ 8,848,797 $ 8,857,579 7,815,149 8,334,727 8,735,515 8,848,797 8,857,579 41,002,879 43,861,106 45,272,727 47,716,819 47,270,943 19.06% 19.00% 19.30% 18.54% 18.74% 68 CITY OF GRAPEVINE, TEXAS SCHEDULE OF CHANGES IN NET OPEB LIABILITY AND RELATED RATIOS POST -RETIREMENT HEALTH CARE BENEFIT PLAN FOR THE YEAR ENDED SEPTEMBER 30, 2021 Plan Year 2017 2018 2019 2020 A. Total OPEB liability Service Cost $ 2,883,770 $ 3,547,117 $ 3,955,532 $ 4,841,226 Interest (on the total OPEB liability) 2,452,440 2,423,640 2,606,795 2,339,946 Difference between expected and actual experience 209,342 ( 1,065,868) ( 528,026) ( 3,113,851) Changes of assumptions 4,730,475 ( 8,510,968) 6,316,707 10,638,856 Benefit payments ( 1,821,839) ( 1,687,035) ( 1,471,310) ( 1,957,430) Net change in total OPEB liability 8,454,188 ( 5,293,114) 10,879,698 12,748,747 Total OPEB liability - beginning 63,837,532 72,291,720 66,998,606 77,878,304 Total OPEB liability - ending (a) $ 72,291,720 $ 66,998,606 $ 77,878,304 $ 90,627,051 B. Plan fiduciary net position Employer Contributions $ 2,821,839 $ 2,187,035 $ 1,971,310 $ 1,957,430 Net investment income 63,643 ( 77,518) 304,042 261,069 Benefit payments ( 1,821,839) ( 1,687,035) ( 1,471,310) ( 1,957,430) Administrative expense ( 2,315) ( 6,401) ( 9,715) ( 13,083) Net change in plan fiduciary net position 1,061,328 416,081 794,327 247,986 Plan fiduciary net position - beginning - 1,061,328 1,477,409 2,271,736 Plan fiduciary net position - ending (b) 1,061,328 1,477,409 2,271,736 2,519,722 C. Net OPEB liability - ending (a) - (b) $ 71,230,392 $ 65,521,197 $ 75,606,568 $ 88,107,329 D. Plan fiduciary net position as a percentage of total OPEB liability 1.47% 2.21% 2.92% 2.78% E. Covered -employee payroll $ 41,752,627 $ 44,087,895 $ 46,426,087 $ 47,352,845 F. Net OPEB liability as a percentage of Covered - employee payroll 170.60% 148.61 % 162.85% 186.07% Notes to Schedule: GASB Statement No. 75 requires 10 years of data to be provided in this schedule. As of September 30, 2021, only 4 years are included. Additional years will be added in the future as the information becomes available. The long-term expected investment return assumption was changed from 6.75 to 6.25 in 2021 The demographic assumptions were updated to reflect the 2019 TMRS Experience Study and the health care trend rates were updated to reflect the repeal of the excise tax on high -cost employer health plans. Included in the changes of assumptions was a change in the discount rate from 2.95% to 2.04% in 2021. 69 CITY OF GRAPEVINE, TEXAS NOTES TO REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2021 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Budgets The City follows these procedures in establishing budgetary data reflected in the financial statements: (1) Prior to August 1, the City Manager submits to the City Council a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them. (2) Public hearings are conducted to obtain taxpayer comments. (3) Prior to September 15, the budget is legally enacted through passage of an ordinance. (4) The City Manager is authorized to transfer budgeted amounts between departments within any fund; however, any revisions that alter the total expenditures of any fund must be approved by the City Council, after public hearings. Total expenditures may not exceed appropriations at the individual fund level. (5) Budgets are legally adopted for the General Fund, Hotel Occupancy Tax Fund, the Crime District Fund, the 4B — Economic Development Fund, the 4B — Transit Fund, the Debt Service Fund and Enterprise Funds. Budgetary control is maintained at the fund level. (6) Budgets for the General, Hotel Occupancy Tax, Crime District, 4-B Economic Development Fund, 413—Transit Fund, and Debt Service Fund are adopted in accordance with generally accepted accounting principles. Budget amounts are as amended by the City Council and adjusted for transfers of budgeted amounts between departments within any fund, authorized by the City Manager. (7) Budgetary comparison schedules are presented as required supplementary information for the General Fund and for each major special revenue fund. Capital Projects Funds have not been presented as such funds are budgeted over the life of the respective project and not on an annual basis. Accordingly, formal budgetary integration of these funds is not employed and comparison of actual results of operations to budgetary data for such funds is not presented. (8) The budgetary comparison schedules included in the required supplementary information present a comparison of budgetary data to actual results of operations for the General Fund, Hotel Occupancy Tax Fund, Crime District Fund, 4-B Economic Development Fund, and 413— Transit Fund. A comparison of budgetary data to actual results of operations for the Debt Service Fund is presented as supplementary information. 2. EXCESS OF EXPENDITURES OVER APPROPRIATIONS For the year ended September 30, 2021, expenditures exceeded appropriations in the following funds by the following amounts: General Fund - $965,786 Crime District Fund - $329,168 4B — Economic Development Fund - $835,113 413—Transit Fund - $551,525. The overages were covered by available fund balance. 70 THIS PAGE LEFT BLANK INTENTIONALLY APPENDIX C FORM OF BOND COUNSEL'S OPIMON THIS PAGE LEFT BLANK INTENTIONALLY I: _ alATLASaaI [CLOSING DATE] CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2022 WE HAVE represented the City of Grapevine, Texas (the "Issuer") as its bond counsel in connection with an issue of certificates of obligation (the "Certificates") described as follows: CITY OF GRAPEVINE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022, dated December 1, 2022, in the principal amount of The Certificates mature, bear interest, are subject to redemption and may be transferred and exchanged as set out in the Certificates and in the ordinance adopted by the City Council of the Issuer authorizing their issuance (the "Ordinance"). WE HAVE represented the Issuer as its bond counsel for the sole purpose of rendering an opinion with respect to the legality and validity of the Certificates under the Constitution and laws of the State of Texas and with respect to the excludability of interest on the Certificates from gross income for federal income tax purposes. We have not investigated or verified original proceedings, records, data or other material, but have relied solely upon the transcript of proceedings described in the following paragraph. We have not assumed any responsibility with respect to the financial condition or capabilities of the Issuer or the disclosure thereof in connection with the sale of the Certificates. Our role in connection with the Issuer's Official Statement prepared for use in connection with the sale of the Certificates has been limited as described therein. IN OUR CAPACITY as bond counsel, we have participated in the preparation of and have examined a transcript of certified proceedings pertaining to the Certificates, on which we have relied in giving our opinion. The transcript contains certified copies of certain proceedings of the Issuer; customary certificates of officers, agents and representatives of the Issuer and other public officials; and other certified showings relating to the authorization and issuance of the Certificates. We also have analyzed such laws, regulations, guidance, documents and other materials as we have deemed Bracewell LLP T: +1.214.468.3800 F: +1.800.404.3970 1445 Ross Avenue, Suite 3800, Dallas, Texas 75202-2724 bracewell.com AUSTIN CONNECTICUT DALLAS DUBAI HOUSTON LONDON NEW YORK SAN ANTONIO SEATTLE WASHINGTON, DC I: _ alATLAVaaI necessary to render the opinions herein. Moreover, we have also examined executed Certificate No. T-1 of this issue. In providing the opinions set forth herein, we have relied on representations and certifications of the Issuer and other parties involved with the issuance of the Certificates with respect to matters solely within the knowledge of the Issuer and such parties, which we have not independently verified. In addition, we have assumed for purposes of this opinion continuing compliance with the covenants in the Ordinance, including, but not limited to, covenants relating to the tax-exempt status of the Certificates. BASED ON SUCH EXAMINATION, IT IS OUR OPINION THAT: (A) The transcript of certified proceedings evidences complete legal authority for the issuance of the Certificates in full compliance with the Constitution and laws of the State of Texas presently effective and, therefore, the Certificates constitute valid and legally binding special obligations of the Issuer; (B) A continuing ad valorem tax upon all taxable property within the City of Grapevine, Texas, necessary to pay the principal of and interest on the Certificates, has been levied and pledged irrevocably for such purposes, within the limit prescribed by law; in addition, the payment of the principal of and interest on the Certificates is further secured by a pledge of the Surplus Revenues of the Issuer's Waterworks and Sewer System (as defined in the Ordinance), such pledge being limited to an amount not in excess of $1,000; and the total indebtedness of the Issuer, including the Certificates, does not exceed any constitutional, statutory or other limitations; and (C) Interest on the Certificates is excludable from gross income for federal income tax purposes under section 103 of the Internal Revenue Code of 1986, as amended. In addition, interest on the Certificates is not an item of tax preference for purposes of the alternative minimum tax; however, such interest is taken into account in determining the "annual adjusted financial statement income" (as defined in section 56A of the Code) of "applicable corporations" (as defined in section 59(k) of the Code) for the purpose of computing the alternative minimum tax imposed on corporations for tax years beginning after December 31, 2022. The rights of the owners of the Certificates are subject to the applicable provisions of the federal bankruptcy laws and any other similar laws affecting the rights of creditors of political subdivisions generally, and may be limited by general principles of equity which permit the exercise of judicial discretion. -2- AUSTIN CONNECTICUT DALLAS DUBAI HOUSTON LONDON NEW YORK SAN ANTONIO SEATTLE WASHINGTON, DC I: _ alATLAVaaI Except as stated above, we express no opinion as to the amount of interest on the Certificates or any federal, state or local tax consequences resulting from the receipt or accrual of interest on, or the acquisition, ownership or disposition of, the Certificates. This opinion is specifically limited to the laws of the State of Texas and, to the extent applicable, the laws of the United States of America. Further, in the event that the representations of the Issuer and other parties upon which we have relied are determined to be inaccurate or incomplete or the Issuer fails to comply with the covenants of the Ordinance, interest on the Certificates could become includable in gross income for federal income tax purposes from the date of the original delivery of the Certificates, regardless of the date on which the event causing such inclusion occurs. Our opinions are based on existing law and our knowledge of facts as of the date hereof and may be affected by certain actions that may be taken or omitted on a later date. We assume no duty to update or supplement our opinions, and this opinion letter may not be relied upon in connection with any changes to the law or facts, or actions taken or omitted, after the date hereof. -3- AUSTIN CONNECTICUT DALLAS DUBAI HOUSTON LONDON NEW YORK SAN ANTONIO SEATTLE WASHINGTON, DC Municipal Advisory Services Provided By HilltopSecurities J�w A Hilltop Holdings Company. ORDINANCE NO. 2022-090 AUTHORIZING THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2022 Adopted: December 6, 2022 # DM-8317973.1 TABLE OF CONTENTS Page Parties.........................................................................................................................................1 ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section1.01. Definitions ...........................................................................................................2 Section 1.02. Other Definitions .................................................................................................4 Section1.03. Findings...............................................................................................................4 Section 1.04. Table of Contents, Titles and Headings................................................................4 Section1.05. Interpretation.......................................................................................................5 ARTICLE II SECURITY FOR THE CERTIFICATES Section 2.01. Payment of the Certificates..................................................................................5 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE CERTIFICATES Section 3.01. Authorization.......................................................................................................6 Section 3.02. Date, Denomination, Maturities, Numbers and Interest........................................7 Section 3.03. Medium, Method and Place of Payment...............................................................8 Section 3.04. Execution and Initial Registration........................................................................8 Section3.05. Ownership............................................................................................................9 Section 3.06. Registration, Transfer and Exchange..................................................................10 Section 3.07. Cancellation and Authentication.........................................................................10 Section 3.08. Temporary Certificates .......................................................................................11 Section 3.09. Replacement Certificates ....................................................................................11 Section 3.10. Book -Entry Only System...................................................................................12 Section 3.11. Successor Securities Depository; Transfer Outside Book -Entry Only System ..... 13 Section 3.12. Payments to Cede & Co.....................................................................................13 ARTICLE IV REDEMPTION OF CERTIFICATES BEFORE MATURITY Section 4.01. Limitation on Redemption..................................................................................14 Section 4.02. Optional Redemption.........................................................................................14 Section 4.03. Mandatory Sinking Fund Redemption................................................................14 Section 4.04. Partial Redemption.............................................................................................15 (i) Ordinance No. 2022-090 Section 4.05. Notice of Redemption to Owners.......................................................................15 Section 4.06. Payment Upon Redemption................................................................................16 Section 4.07. Effect of Redemption.........................................................................................16 Section 4.08. Conditional Notice of Redemption.....................................................................16 Section4.09. Lapse of Payment...............................................................................................17 ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar...................................................17 Section 5.02. Qualifications.....................................................................................................17 Section 5.03. Maintaining Paying Agent/Registrar..................................................................17 Section5.04. Termination.......................................................................................................17 Section 5.05. Notice of Change...............................................................................................17 Section 5.06. Agreement to Perform Duties and Functions......................................................18 Section 5.07. Delivery of Records to Successor.......................................................................18 ARTICLE VI FORM OF THE CERTIFICATES Section 6.01. Form Generally..................................................................................................18 Section 6.02. Form of Certificates...........................................................................................18 Section 6.03. CUSIP Registration............................................................................................25 Section6.04. Legal Opinion....................................................................................................25 Section 6.05. Municipal Bond Insurance.................................................................................25 ARTICLE VII SALE OF THE CERTIFICATES; CONTROL AND DELIVERY OF THE CERTIFICATES Section 7.01. Sale of Certificates; Official Statement; Engagement Letter...............................26 Section 7.02. Control and Delivery of Certificates...................................................................27 ARTICLE VIII CREATION OF FUNDS AND ACCOUNTS; DEPOSIT OF PROCEEDS; INVESTMENTS Section 8.01. Creation of Funds...............................................................................................27 Section 8.02. Interest and Sinking Fund...................................................................................27 Section8.03. Project Fund.......................................................................................................28 Section 8.04. Security of Funds...............................................................................................28 Section 8.05. Deposit of Proceeds...........................................................................................28 Section8.06. Investments........................................................................................................28 Section 8.07. Investment Income.............................................................................................29 Ordinance No. 2022-090 ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9.01. Payment of the Certificates................................................................................29 Section 9.02. Other Representations and Covenants................................................................29 Section 9.03. Federal Income Tax Matters...............................................................................29 ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default...............................................................................................31 Section 10.02. Remedies for Default.........................................................................................31 Section 10.03. Remedies Not Exclusive....................................................................................31 ARTICLE XI DISCHARGE Section11.01. Discharge...........................................................................................................32 ARTICLE XII CONTINUING DISCLOSURE UNDERTAKING Section 12.01. Annual Reports..................................................................................................32 Section 12.02. Notice of Certain Events....................................................................................32 Section 12.03. Limitations, Disclaimers and Amendments........................................................34 ARTICLE XIII AMENDMENTS Section13.01. Amendments......................................................................................................35 ARTICLE XIV MISCELLANEOUS Section 14.01. Changes to Ordinance........................................................................................36 Section 14.02. Partial Invalidity................................................................................................36 Section 14.03. No Personal Liability.........................................................................................36 Ordinance No. 2022-090 ARTICLE XV EFFECTIVE IMMEDIATELY Section 15.01. Effectiveness......................................................................................................36 (iv) Ordinance No. 2022-090 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $ CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022; AWARDING THE SALE THEREOF; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING THE OFFICIAL STATEMENT; APPROVING A BOND COUNSEL ENGAGEMENT LETTER; AND ENACTING OTHER PROVISIONS RELATING THERETO WHEREAS, under the provisions of Chapter 271, Subchapter C, Texas Local Government Code, as amended, the City of Grapevine, Texas (the "City"), is authorized to issue certificates of obligation for the purposes specified in this Ordinance and for the payment of all or a portion of the contractual obligations for professional services, including that of engineers, attorneys, and financial advisors in connection therewith, and to sell the same for cash as herein provided; and WHEREAS, the City is authorized to provide that such obligations will be payable from and secured by the levy of a direct and continuing ad valorem tax against all taxable property within the City, in combination with a part of certain revenues of the City's waterworks and sewer system (the "System") remaining after payment of any obligations of the City payable in whole or in part from a lien or pledge of such revenues that would be superior to the obligations to be authorized herein; and WHEREAS, the City Council of the City (the "City Council") has found and determined that it is necessary and in the best interests of the City and its citizens that it issue such certificates of obligation authorized by this Ordinance; and WHEREAS, pursuant to a resolution heretofore passed by this governing body, notice of intention to issue Certificates of the City payable as provided in this Ordinance was published in a newspaper of general circulation in the City in accordance with the requirements of law (the "Notice of Intention"); and WHEREAS, the Notice of Intention stated that the City Council intended to pass an ordinance authorizing the issuance of the certificates of obligation at the regularly scheduled December 6, 2022 City Council meeting; and WHEREAS, the Notice of Intention was also published continuously on the City's website for at least 45 days before December 6, 2022 in accordance the requirements of law; and WHEREAS, no petition of any kind has been filed with the City Secretary, any member of the City Council or any other official of the City, protesting the issuance of such certificates of obligation; and WHEREAS, this City Council is now authorized and empowered to proceed with the issuance of said Certificates and to sell the same for cash; and # DM-8317973.1 WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Chapter 551, Texas Government Code, as amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE: ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise, in this Ordinance the following terms shall have the meanings specified below: "Applicable Law" means the duly adopted home rule charter of the City, and all other laws or statutes, rules or regulations, and any amendments thereto, of the State or of the United States by which the City and its powers, securities, credit agreement, operations and procedures are, or may be, governed or from which its powers may be derived. "Certificate" means any of the Certificates. "Certificates" means any of the City's certificates of obligation entitled "City of Grapevine, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022" authorized to be issued by Section 3.01. "Closing Date" means the date of the initial delivery of and payment for the Certificates. "Code" means the Internal Revenue Code of 1986, as amended, and, with respect to a specific section thereof, such reference shall be deemed to include (a) the Regulations promulgated under such section, (b) any successor provision of similar import hereafter enacted, (c) any corresponding provision of any subsequent Internal Revenue Code and (d) the regulations promulgated under the provisions described in (b) and (c). "Designated Payment/Transfer Office" means (i) with respect to the initial Paying Agent/Registrar named herein, its office in Dallas, Texas, or at such other location designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the City and such successor. "DTC" means The Depository Trust Company of New York, New York, or any successor securities depository. -2- # DM-8317973.1 "DTC Participant" means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. "EMMA" means Electronic Municipal Market Access System. "Event of Default" means any Event of Default as defined in Section 10.01. "Financial Obligation" means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that "financial obligation" shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. "Initial Certificate" means the Certificate described in Section 3.04(d) and 6.02(d). "Interest and Sinking Fund" means the interest and sinking fund established by Section 8.01(a). "Interest Payment Date" means the date or dates upon which interest on the Certificates is scheduled to be paid until the maturity of the Certificates, such dates being February 15 and August 15 of each year commencing August 15, 2023. "MSRB" means the Municipal Securities Rulemaking Board. "Net Revenues" means the gross revenues of the System less the expenses of operation and maintenance as said expenses are defined by Chapter 1502, Texas Government Code, as amended. "Ordinance" means this Ordinance. "Owner" means the person who is the registered owner of a Certificate or Certificates, as shown in the Register. "Paying Agent/Registrar" means initially The Bank of New York Mellon Trust Company, N.A., Dallas Texas, or any successor thereto as provided in this Ordinance. "Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement between the City and the Paying Agent/Registrar relating to the Certificates. "Prior Lien Bonds" means any and all bonds or other obligations of the City presently outstanding or that may be hereafter issued, payable from and secured by a first lien on and pledge of the Net Revenues or by a lien on and pledge of the Net Revenues subordinate to a first lien and pledge of such Net Revenues but superior to the lien and pledge of the Surplus Revenues made for the Certificates. "Project Fund" means the Project Fund established by Section 8.01(a). -3- # DM-8317973.1 "Purchaser" means "Record Date" means the last business day of the month next preceding an Interest Payment Date. "Register" means the Register specified in Section 3.06(a). "Regulations" means the applicable proposed, temporary or final Treasury Regulations promulgated under the Code or, to the extent applicable to the Code, under the Internal Revenue Code of 1954, as such regulations may be amended or supplemented from time to time. "Representation Letter" means the Blanket Letter of Representations between the City and DTC. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "Special Payment Date" means the Special Payment Date prescribed by Section 3.03(b). "Special Record Date" means the Special Record Date prescribed by Section 3.03(b). "Surplus Revenues" means the revenues of the System remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with the City's Prior Lien Bonds; provided, however, that the amount of such surplus revenues pledged to the payment of the Certificates shall be limited to $1,000. "System" as used in this Ordinance means the City's waterworks and sewer system, including all present and future additions, extensions, replacements, and improvements thereto. "Unclaimed Payments" means money deposited with the Paying Agent/Registrar for the payment of the principal of or interest on Certificates as the same become due and payable and remaining unclaimed by the Owners of such Certificates for 90 days after the applicable payment or redemption date. Section 1.02. Other Definitions. The terms "City Council" and "City" shall have the meaning assigned in the preamble to this Ordinance. Section 1.03. Findiw4s. The declarations, determinations and findings declared, made and found in the preamble to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof. Section 1.04. Table of Contents, Titles and Headings. The table of contents, titles and headings of the Articles and Sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof -4- # DM-8317973.1 and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.05. InterDretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) Article and Section references shall mean references to articles and sections of this Ordinance unless designated otherwise. (c) This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein to sustain the validity of this Ordinance. ARTICLE II SECURITY FOR THE CERTIFICATES Section 2.01. Pavment of the Certificates. (a) Pursuant to the authority granted by the Texas Constitution and the laws of the State of Texas, there is hereby levied for the current year and for each succeeding year hereafter while any of the Certificates or any interest thereon is outstanding and unpaid, an ad valorem tax on each one hundred dollars' valuation of taxable property within the City, at a rate sufficient, within the limit prescribed by law, to pay the debt service requirements of the Certificates, being (i) the interest on the Certificates, and (ii) a sinking fund for their redemption at maturity or a sinking fund of two percent per annum (whichever amount is the greater), when due and payable, full allowance being made for delinquencies and costs of collection. (b) The ad valorem tax thus levied shall be assessed and collected each year against all property appearing on the tax rolls of the City most recently approved in accordance with law, and the money thus collected shall be deposited as collected to the Interest and Sinking Fund. (c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and committed irrevocably to the payment of the principal of and interest on the Certificates when and as due and payable in accordance with their terms and this Ordinance. (d) The amount of taxes to be provided annually for the payment of principal of and interest on the Certificates shall be determined and accomplished in the following manner: (i) The City's annual budget shall reflect (i) the amount of debt service requirements to become due on the Certificates in the next succeeding Fiscal Year of the City, (ii) the amount on deposit in the Interest and Sinking Fund, as of the date such budget is prepared (after giving effect to any payments required to be made during the -5- # DM-8317973.1 remainder of the then current Fiscal Year), and (iii) the amount of Surplus Revenues estimated and budgeted to be available for the payment of such debt service requirements on the Certificates during the next succeeding Fiscal Year of the City. (ii) The amount required to be provided in the succeeding Fiscal Year of the City from ad valorem taxes shall be the amount, if any, the debt service requirements to be paid on the Certificates in the next succeeding Fiscal Year of the City exceeds the sum of (i) the amount shown to be on deposit in the Interest and Sinking Fund (after giving effect to any payments required to be made during the remainder of the then current Fiscal Year) at the time the annual budget is prepared, and (ii) the Surplus Revenues shown to be budgeted and available for payment of said debt service requirements. (iii) Following the final approval of the annual budget of the City, the governing body of the City shall, by ordinance, levy an ad valorem tax at a rate sufficient to produce taxes in the amount determined in paragraph (b) above, to be utilized for purposes of paying the principal of and interest on the Certificates in the next succeeding Fiscal Year of the City. (e) The City hereby covenants and agrees that the Surplus Revenues are hereby irrevocably pledged equally and ratably to the payment of the principal of, redemption premium, if any, and interest on the Certificates, as the same become due. (f) If the liens and provisions of this Ordinance shall be released in a manner permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking Fund may be suspended or appropriately reduced, as the facts may permit. In determining the aggregate principal amount of outstanding Certificates, there shall be subtracted the amount of any Certificates that have been duly called for redemption and for which money has been deposited with the Paying Agent/Registrar for such redemption. ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE CERTIFICATES Section 3.01. Authorization. The City's certificates of obligation to be designated "City of Grapevine, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022" (the "Certificates"), are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas, particularly Chapter 271, Subchapter C, Texas Local Government Code, as amended and Section 9.26 of the City's Home -Rule Charter. The Certificates shall be issued in the aggregate principal amount of $ for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (i) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks and bridges of the City, including streetscaping, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights -of -way in connection therewith; -6- # DM-8317973.1 (ii) acquiring, improving and equipping land for parks and recreation purpose in the City, including Settlers Park; (iii) acquiring vehicles and equipment for police, fire, emergency services, public works, utilities and park and recreation purposes, and (iv) professional services incurred in connection with items (i) through (iii), and to pay the costs incurred in connection with the issuance of the Certificates. Section 3.02. Date, Denomination, Maturities, Numbers and Interest. (a) The Certificates shall be dated December 1, 2022 shall be in fully registered form, without coupons, in the denomination of $5,000 or any integral multiple thereof, and shall be numbered separately from one upward or such other designation acceptable to the City and the Paying Agent/Registrar, except the Initial Certificate, which shall be numbered T-1. (b) The Certificates shall mature on February 15 in the years and in the principal installments set forth in the following schedule: $ Serial Certificates Principal Interest Year Amount Rate Year 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 2029 2039 2030 2040 2031 2041 2032 2042 2033 Principal Interest Amount Rate $ Term Certificates Principal Year Amount Interest Rate 20 (c) Interest shall accrue and be paid on each Certificate, respectively, until the payment of the principal amount thereof shall have been paid or provided for, from the later of the Closing Date or the most recent Interest Payment Date to which interest has been paid or provided for at the rates per annum for each respective maturity specified in the schedule contained in subsection (b) above. Such interest shall be payable semiannually on each February 15 and August 15 of each year, commencing on August 15, 2023, until maturity or prior redemption. Interest on the Certificates shall be calculated on the basis of a 360-day year composed of twelve 30-day months. -7- # DM-8317973.1 Section 3.03. Medium, Method and Place of Pavment. (a) The principal of, premium, if any, and interest on the Certificates shall be paid in lawful money of the United States of America as provided in this Section. (b) Interest on the Certificates shall be payable to the Owners whose names appear in the Register at the close of business on the Record Date; provided, however, that in the event of nonpayment of interest on a scheduled Interest 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 (the "Special Payment Date," which shall be at least 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 Owner of a Certificate appearing on the 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. (c) Interest on the Certificates shall be paid by check (dated as of the Interest Payment Date) and sent by the Paying Agent/Registrar to the person entitled to such payment, United States mail, first class postage prepaid, to the address of such person as it appears in the Register or by such other customary banking arrangements acceptable to the Paying Agent/Registrar and the person to whom interest is to be paid; provided, however, that such person shall bear all risk and expenses of such other customary banking arrangements. (d) The principal of each Certificate shall be paid to the person in whose name such Certificate is registered on the due date thereof (whether at the maturity date or the date of prior redemption thereof) upon presentation and surrender of such Certificate at the Designated Payment/Transfer Office. (e) If a date for the payment of the principal of or interest on the Certificates is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the city in which the Designated Payment/Transfer Office is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. (f) Subject to any applicable escheat, unclaimed property, or similar law, including Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after the applicable payment or redemption date shall be paid to the City and thereafter neither the City, the Paying Agent/Registrar, nor any other person shall be liable or responsible to any Owners of such Certificates for any further payment of such unclaimed moneys or on account of any such Certificates. Section 3.04. Execution and Initial Registration. (a) The Certificates shall be executed on behalf of the City by the Mayor and City Secretary of the City, by their manual or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates -8- # DM-8317973.1 shall have the same effect as if each of the Certificates had been signed manually and in person by each of said officers, and such facsimile seal on the Certificates shall have the same effect as if the official seal of the City had been manually impressed upon each of the Certificates. (b) In the event that any officer of the City whose manual or facsimile signature appears on the Certificates ceases to be such officer before the authentication of such Certificates or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Certificates. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Certificate delivered on the Closing Date shall have attached thereto the Comptroller's Registration Certificate substantially in the form provided in this Ordinance, manually executed by the Comptroller of Public Accounts of the State of Texas or by his duly authorized agent, which certificate shall be evidence that the Initial Certificate has been duly approved by the Attorney General of the State of Texas and that it is a valid and binding obligation of the City, and has been registered by the Comptroller. (d) On the Closing Date, one Initial Certificate representing the entire principal amount of the Certificates, payable in stated installments to the initial purchaser or its designee, executed by manual or facsimile signature of the Mayor and City Secretary of the City, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to the Purchaser or its designee. Upon payment for the Initial Certificate, the Paying Agent/Registrar shall cancel the Initial Certificate and deliver to DTC on behalf of the Purchaser registered definitive Certificates as described in Section 3.10(a). Section 3.05. OwnershiD. (a) The City, the Paying Agent/Registrar and any other person may treat the person in whose name any Certificate is registered as the absolute owner of such Certificate for the purpose of making and receiving payment of the principal thereof and premium, if any, thereon, for the further purpose of making and receiving payment of the interest thereon (subject to the provisions herein that interest is to be paid to the person in whose name the Certificate is registered on the Record Date), and for all other purposes, whether or not such Certificate is overdue, and neither the City nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. (b) All payments made to the person deemed to be the Owner of any Certificate in accordance with this Section shall be valid and effectual and shall discharge the liability of the City and the Paying Agent/Registrar upon such Certificate to the extent of the sums paid. -9- # DM-8317973.1 Section 3.06. Registration, Transfer and Exchange. (a) So long as any Certificates remain outstanding, the City shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the "Register") in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Certificates in accordance with this Ordinance. (b) The ownership of a Certificate may be transferred only upon the presentation and surrender of the Certificate at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Certificate shall be effective until entered in the Register. (c) The Certificates shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in any denomination or denominations of any integral multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal amount of the Certificates presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate and deliver Certificates exchanged for other Certificates in accordance with this Section. (d) Each exchange Certificate delivered by the Paying Agent/ Registrar in accordance with this Section shall constitute an original contractual obligation of the City and shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such exchange Certificate is delivered. (e) No service charge shall be made to the Owner for the initial registration, subsequent transfer, or exchange for any different denomination of any of the Certificates. The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration, transfer or exchange of a Certificate. (f) Neither the City nor the Paying Agent/Registrar shall be required to issue, transfer, or exchange any Certificate called for redemption, in whole or in part, where such redemption is scheduled to occur within forty-five (45) calendar days after the transfer or exchange date; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Certificate. Section 3.07. Cancellation and Authentication. All Certificates paid or redeemed before scheduled maturity in accordance with this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and delivered in accordance with this Ordinance, shall be cancelled upon the making of proper records regarding such payment, redemption, exchange or replacement. The Paying Agent/Registrar shall dispose of the cancelled Certificates in accordance with the Securities Exchange Act of 1934. - 10- # DM-8317973.1 Section 3.08. TemDorary Certificates. (a) Following the delivery and registration of the Initial Certificate and pending the preparation of definitive Certificates, the proper officers of the City may execute and, upon the City's request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Certificates that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Certificates in lieu of which they are delivered, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers of the City executing such temporary Certificates may determine, as evidenced by their signing of such temporary Certificates. (b) Until exchanged for Certificates in definitive form, such Certificates in temporary form shall be entitled to the benefit and security of this Ordinance. (c) The City, without unreasonable delay, shall prepare, execute and deliver to the Paying Agent/Registrar the Certificates in definitive form; thereupon, upon the presentation and surrender of the Certificate or Certificates in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Certificates in temporary form and authenticate and deliver in exchange therefor a Certificate or Certificates of the same maturity and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, as the Certificate or Certificates in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3.09. ReDlacement Certificates. (a) Upon the presentation and surrender to the Paying Agent/Registrar, at the Designated Payment/Transfer Office, of a mutilated Certificate, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding. The City or the Paying Agent/Registrar may require the Owner of such Certificate to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith. (b) In the event that any Certificate is lost, apparently destroyed or wrongfully taken, the Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Certificate has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner first: (i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her ownership of and the circumstances of the loss, destruction or theft of such Certificate; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar and the City to save them harmless; (iii) pays all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed; and -11- # DM-8317973.1 (iv) satisfies any other reasonable requirements imposed by the City and the Paying Agent/Registrar. (c) If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the City and the Paying Agent/Registrar shall be entitled to recover such replacement Certificate from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Paying Agent/Registrar in connection therewith. (d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of issuing a replacement Certificate, may pay such Certificate. (e) Each replacement Certificate delivered in accordance with this Section shall constitute an original contractual obligation of the City and shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such replacement Certificate is delivered. Section 3.10. Book-Entry Only Svstem. (a) The definitive Certificates shall be initially issued in the form of a separate single fully registered Certificate for each of the maturities thereof. Upon initial issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of DTC, and except as provided in Section 3.11 hereof, all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. (b) With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates, except as provided in this Ordinance. Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown on the Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or interest on the Certificates. Notwithstanding any other provision of this Ordinance to the contrary, the City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Register as the absolute Owner of such Certificate for the purpose of payment of principal of, premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to such Certificate, for the purpose of registering transfer with respect to such Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates only to or upon the order of the respective Owners, as shown in the Register as provided in this -12- # DM-8317973.1 Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of, premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. No person other than an Owner, as shown in the register, shall receive a certificate evidencing the obligation of the City to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the registered Owner at the close of business on the Record Date, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (c) The Representation Letter previously executed and delivered by the City, and applicable to the City's obligations delivered in book -entry -only form to DTC as securities depository for said obligations, is hereby ratified and approved for the Certificates. Section 3.11. Successor Securities DeDositorv_ : Transfer Outside Book-Entrv_ Onlv_ Svstem. In the event that the City or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, and that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, or in the event DTC discontinues the services described herein, the City or the Paying Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts, as identified by DTC. In such event, the Certificates shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. Section 3.12. Pavments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificates are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Certificates, and all notices with respect to such Certificates, shall be made and given, respectively, in the manner provided in the Representation Letter. -13- # DM-8317973.1 ARTICLE IV REDEMPTION OF CERTIFICATES BEFORE MATURITY Section 4.01. Limitation on Redemption. The Certificates shall be subject to redemption before scheduled maturity only as provided in this Article IV. Section 4.02. Optional Redemption. (a) The City reserves the option to redeem Certificates maturing on and after February 15, 2033, in whole or any part, in principal amounts equal to $5,000 or any integral multiple thereof, before their respective scheduled maturity dates, on August 15, 2032 or on any date thereafter, such redemption date or dates to be fixed by the City, at a redemption price equal to the principal amount of the Certificates called for redemption plus accrued interest to the date fixed for redemption. (b) The City, at least 45 days before the redemption date, unless a shorter period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such redemption date and of the principal amount of Certificates to be redeemed. Section 4.03. Mandatory Sinkin4 Fund Redemption (a) The Certificates maturing on February 15, 20 (the "Term Certificates") are subject to scheduled mandatory redemption and will be redeemed by the City, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the respective principal amounts as set forth below. Term Certificates Maturin4 February 15. 20 Redemption Date Redemption Amount February 15, 20 February 15, 20 *Maturity (b) At least forty-five (45) days prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that results in a random selection, a principal amount of Term Certificates equal to the aggregate principal amount of such Term Certificates to be redeemed, shall call such Term Certificates for redemption on such scheduled mandatory redemption date, and shall give notice of such redemption, as provided in Section 4.05. (c) The principal amount of the Term Certificates required to be redeemed on any redemption date pursuant to subparagraph (a) of this Section 4.03 shall be reduced, at the option - 14- # DM-8317973.1 of the City, by the principal amount of any Term Certificates which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption. Section 4.04. Partial Redemption. (a) If less than all of the Certificates are to be optionally redeemed pursuant to Section 4.02, the City shall determine the maturity or maturities and the amounts thereof to be redeemed. If less than all of the Certificates of a maturity or maturities are to be redeemed, the City will direct the Paying Agent/Registrar to call such Certificates within such maturity or maturities by lot, or by such other method that results in a random selection. (b) A portion of a single Certificate of a denomination greater than $5,000 may be redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If such a Certificate is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000 portion of the Certificate as though it were a single Certificate for purposes of selection for redemption. (c) Upon surrender of any Certificate for redemption in part, the Paying Agent/Registrar, in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange Certificate or Certificates in an aggregate principal amount equal to the unredeemed portion of the Certificate so surrendered, such exchange being without charge. (d) The Paying Agent/Registrar shall promptly notify the City in writing of the principal amount to be redeemed of any Certificate as to which only a portion thereof is to be redeemed. Section 4.05. Notice of Redemption to Owners. (a) The Paying Agent/Registrar shall give notice of any redemption of Certificates by sending notice by first class United States mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the Owner of each Certificate (or part thereof) to be redeemed, at the address shown on the Register at the close of business on the Business Day next preceding the date of mailing of such notice. (b) The notice shall state the redemption date, the redemption price, the place at which the Certificates are to be surrendered for payment, and, if less than all the Certificates outstanding are to be redeemed, an identification of the Certificates or portions thereof to be redeemed. (c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. -15- # DM-8317973.1 Section 4.06. Pavment UDon Redemption. (a) Before or on each redemption date, the City shall deposit with the Paying Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying Agent/Registrar shall make provision for the payment of the Certificates to be redeemed on such date by setting aside and holding in trust an amount from the Interest and Sinking Fund or otherwise received by the Paying Agent/Registrar from the City and shall use such funds solely for the purpose of paying the principal of, redemption premium, if any, and accrued interest on the Certificates being redeemed. (b) Upon presentation and surrender of any Certificate called for redemption at the Designated Payment/Transfer Office on or after the date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any, and accrued interest on such Certificate to the date of redemption from the money set aside for such purpose. Section 4.07. Effect of RedemDtion. (a) Notice of redemption having been given as provided in Section 4.05 of this Ordinance, the Certificates or portions thereof called for redemption shall become due and payable on the date fixed for redemption and, unless the City defaults in its obligation to make provision for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon, such Certificates or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Certificates are presented and surrendered for payment on such date. (b) If the City shall fail to make provision for payment of all sums due on a redemption date, then any Certificate or portion thereof called for redemption shall continue to bear interest at the rate stated on the Certificate until due provision is made for the payment of same by the City. Section 4.08. Conditional Notice of RedemDtion. The City reserves the right, in the case of an optional redemption pursuant to Section 4.02 herein, to give notice of its election or direction to redeem Certificates conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the City retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the City delivers a certificate of the City to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Certificates subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an Event of Default. Further, in the case of a conditional redemption, the - 16- # DM-8317973.1 failure of the City to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an Event of Default. Section 4.09. LaDse of Pavment. Money set aside for the redemption of the Certificates and remaining unclaimed by Owners thereof shall be subject to the provisions of Section 3.03(f) hereof. ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. ADDointment of Initial Pavin4 Agent/Registrar. The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, is hereby appointed as the initial Paying Agent/Registrar for the Certificates. Section 5.02. Qualifications. Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under the laws of the State of Texas, or any other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Certificates. Section 5.03. Maintainin4 Pavin4 Agent/Registrar. (a) At all times while any Certificates are outstanding, the City will maintain a Paying Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor is hereby authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the duties and responsibilities of the City and the Paying Agent/Registrar in substantially the form presented to and hereby approved by the City Council. The signature of the Mayor shall be attested to by the City Secretary. (b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the City will promptly appoint a replacement. Section 5.04. Termination. The City, upon not less than 60 days' notice, reserves the right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination, provided, that such termination shall not be effective until a successor Paying Agent/Registrar has been appointed and has accepted the duties of Paying Agent/Registrar for the Certificates. Section 5.05. Notice of Cham4e. Promptly upon each change in the entity serving as Paying Agent/Registrar, the City will cause notice of the change to be sent to each Owner and any bond insurer by first class United - 17- # DM-8317973.1 States mail, postage prepaid, at the address in the Register, stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. Section 5.06. Agreement to Perform Duties and Functions. By accepting the appointment as Paying Agent/Registrar, and executing the Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that it will perform the duties and functions of Paying Agent/Registrar prescribed thereby. Section 5.07. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced, such Paying Agent, promptly upon the appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent books and records relating to the Certificates to the successor Paying Agent/Registrar. ARTICLE VI FORM OF THE CERTIFICATES Section 6.01. Form Generallv. (a) The Certificates, including the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to appear on each of the Certificates, (i) shall be substantially in the form set forth in this Article, with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance, and (ii) may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith, may be determined by the City or by the officers executing such Certificates, as evidenced by their execution thereof. (b) Any portion of the text of any Certificates may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Certificates. (c) The Certificates, including the Initial Certificate submitted to the Attorney General of Texas and any temporary Certificates, shall be typed, printed, lithographed, photocopied or engraved, and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Certificates, as evidenced by their execution thereof. Section 6.02. Form of Certificates. The form of Certificates, including the form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying Agent/Registrar and the form of Assignment appearing on the Certificates, shall be substantially as follows: -18- # DM-8317973.1 (a) TForm of Certificate] REGISTERED No. United States of America State of Texas REGISTERED CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION SERIES 2022 INTEREST RATE MATURITY DATE CLOSING DATE CUSIP NO. February 15, December 21, 2022 The City of Grapevine (the "City") in the Counties of Tarrant, Denton and Dallas, State of Texas, for value received, hereby promises to pay to or registered assigns, on the Maturity Date specified above, the sum of DOLLARS unless this Certificate shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provision for such payment shall have been made, and to pay interest on the unpaid principal amount hereof from the later of the Delivery Date specified above or the most recent interest payment date to which interest has been paid or provided for until such principal amount shall have been paid or provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-day months, such interest to be paid semiannually on February 15 and August 15 of each year, commencing August 15, 2023. The principal of this Certificate shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Certificate at the corporate trust office in Dallas, Texas (the "Designated Payment/Transfer Office"), of The Bank of New York Mellon Trust Company, N.A. as initial Paying Agent/Registrar, or, with respect to a successor Paying Agent/Registrar, at the Designated Payment/Transfer Office of such successor. Interest on this Certificate is payable by check dated as of the interest payment date, mailed by the Paying Agent/Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar or by such other customary banking arrangements acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the person to whom interest is to be paid. For the purpose of the - 19- # DM-8317973.1 payment of interest on this Certificate, the registered owner shall be the person in whose name this Certificate is registered at the close of business on the "Record Date," which shall be the last business day of the month next preceding such interest payment date; provided, however, that in the event of nonpayment of interest on a scheduled interest 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 (the "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 Owner of a Certificate appearing on the books of the Paying Agent/Registrar at the close of business on the last business day preceding the date of mailing such notice. If a date for the payment of the principal of or interest on the Certificates is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the city in which the Designated Payment/Transfer Office is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. This Certificate is dated December 1, 2022 and is one of a series of fully registered bonds specified in the title hereof issued in the aggregate principal amount of $ (herein referred to as the "Certificates") pursuant to a certain ordinance of the City Council of the City (the "Ordinance") for the public purpose of (i) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks and bridges of the City, including streetscaping, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights -of -way in connection therewith; (ii) acquiring, improving and equipping land for parks and recreation purpose in the City, including Settlers Park; (iii) acquiring vehicles and equipment for police, fire, emergency services, public works, utilities and park and recreation purposes, and (iv) professional services incurred in connection with items (i) through (iii), and to pay the costs incurred in connection with the issuance of the Certificates. The Certificates and the interest thereon are payable from the levy of a direct and continuing ad valorem tax, within the limit prescribed by law, against all taxable property in the City and from a pledge of certain surplus revenues (not to exceed $1,000) of the City's Waterworks and Sewer System, all as described and provided in the Ordinance. The City has reserved the option to redeem the Certificates maturing on or after February 15, 2033, in whole or part, in principal amount equal to $5,000 or any integral multiple thereof, before their respective scheduled maturity dates, on August 15, 2032, or on any date thereafter, at a price equal to the principal amount of the Certificates so called for redemption plus accrued interest to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the City shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the Certificates, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption. -20- # DM-8317973.1 Notice of such redemption or redemptions shall be given by first class mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each of the Certificates to be redeemed in whole or in part. Notice having been so given, the Certificates or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice; from and after such date, notwithstanding that any of the Certificates or portions thereof so called for redemption shall not have been surrendered for payment, interest on such Certificates or portions thereof shall cease to accrue. The City reserves the right, in the case of an optional redemption, to give notice of its election or direction to redeem Certificates conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the City retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the City delivers a certificate of the City to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Certificates subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an Event of Default. Further, in the case of a conditional redemption, the failure of the City to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an Event of Default. The Certificates maturing February 15, 20 (the "Term Certificates") are subject to scheduled mandatory redemption and will be redeemed by the City, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the respective principal amounts as set forth below. Term Certificates Maturin4 February 15. 20 Redemption Date Redemption Amount February 15, 20 February 15, 20* maturity At least forty-five (45) days prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that results in a random selection, a principal amount of Term Certificates equal to the aggregate principal amount of such Term Certificates to be redeemed and shall call such Term Certificates for redemption on such scheduled mandatory redemption date. The principal amount of the Term Certificates required to be redeemed on any mandatory sinking fund redemption date shall be reduced, at the option of the District, by the principal -21- # DM-8317973.1 amount of any Term Certificates which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the District at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to an optional redemption and not previously credited to a mandatory sinking fund redemption. Notice of such redemption or redemptions shall be given by first class mail, postage prepaid, not less than thirty (30) days before the date fixed for redemption, to the registered owner of each of the Certificates to be redeemed in whole or in part. Notice having been so given, the Certificates or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice; from and after such date, notwithstanding that any of the Certificates or portions thereof so called for redemption shall not have been surrendered for payment, interest on such Certificates or portions thereof shall cease to accrue. As provided in the Ordinance, and subject to certain limitations therein set forth, this Certificate is transferable upon surrender of this Certificate for transfer at the Designated Payment/Transfer Office, with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar, and, thereupon, one or more new fully registered Certificates of the same stated maturity, of authorized denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. Neither the City nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Certificate called for redemption where such redemption is scheduled to occur within 45 calendar days of the transfer or exchange date; provided, however, such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Certificate. The City, the Paying Agent/Registrar, and any other person may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Certificate is registered on the Record Date or Special Record Date, as applicable) and for all other purposes, whether or not this Certificate be overdue, and neither the City nor the Paying Agent/Registrar shall be affected by notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Certificate and the series of which it is a part is duly authorized by law; that all acts, conditions, and things required to be done precedent to and in the issuance of the Certificates have been properly done and performed and have happened in regular and due time, form, and manner as required by law; that ad valorem taxes upon all taxable property in the City have been levied for and pledged to the payment of the debt service requirements of the Certificates within the limit prescribed by law; that, in addition to said taxes, further provisions have been made for the payment of the debt service requirements of the Certificates by pledging to such purpose, a limited amount of the Surplus Revenues, as defined in the Ordinance, derived by the City from the operation of the waterworks and sewer system; that when so collected, such taxes and Surplus Revenues shall be -22- # DM-8317973.1 appropriated to such purposes; and that the total indebtedness of the City, including the Certificates, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, this Certificate has been duly executed on behalf of the City, under its official seal, in accordance with law. City Secretary, Mayor City of Grapevine, Texas City of Grapevine, Texas [SEAL] (b) Form of ComDtroller's Registration Certificate. The following Comptroller's Registration Certificate may be deleted from the definitive Certificates if such Certificate on the Initial Certificate is fully executed. OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO. OF THE STATE OF TEXAS § I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Certificate has been examined by him as required by law, that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that said Certificate has this day been registered by me. Witness my hand and seal of office at Austin, Texas, Comptroller of Public Accounts of the State of Texas [SEAL] -23- # DM-8317973.1 (c) Form of Certificate of Pavin4 Agent/Registrar. The following Certificate of Paying Agent/Registrar may be deleted from the Initial Certificate if the Comptroller's Registration Certificate appears thereon. CERTIFICATE OF PAYING AGENT/REGISTRAR This is one of the Certificates referred to in the within mentioned Ordinance. The series of Certificates of which this Certificate is a part was originally issued as one Initial Certificate which was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: (d) Form of Assignment. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Paying Agent/Registrar an ASSIGNMENT Authorized Signature FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or typewrite name, address and Zip Code of transferee): (Social Security or other identifying number: ) the within Certificate and all rights hereunder and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration hereof, with full power of substitution in the premises. Date: Signature Guaranteed By: Authorized Signatory NOTICE: The signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular and must be guaranteed in a manner acceptable to the Paying Agent/Registrar. # DM-8317973.1 -24- (e) Initial Certificate Insertions. (i) The Initial Certificate shall be in the form set forth in paragraph (a) of this Section, except that: (ii) immediately under the name of the Certificate, the headings "INTEREST RATE" and "MATURITY DATE" shall both be completed with the words "As Shown Below" and "CUSIP NO. " deleted; (iii) in the first paragraph: the words "on the Maturity Date specified above" shall be deleted and the following will be inserted: "on February 15 in the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years PrinciDal Installments Interest Rates (Information to be inserted from Section 3.02(b) hereof). (iv) the Initial Certificate shall be numbered T-1. Section 6.03. CUSIP Registration. The City may secure identification numbers through the CUSIP Services Bureau managed by FactSet Research Systems on behalf of the American Bankers Association, and may authorize the printing of such numbers on the face of the Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor the attorneys approving said Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Certificates. Section 6.04. Leal ODinion. The approving legal opinion of Bracewell LLP, Bond Counsel, may be printed on each Certificate over the certification of the City Secretary of the City, which may be executed in facsimile. Section 6.05. Municipal Bond Insurance. If municipal bond guaranty insurance is obtained with respect to the Certificates, the Certificates, including the Initial Certificate, may bear an appropriate legend, as provided by the insurer. To the extent permitted by applicable law, the City will comply with all notice and other applicable requirements of the insurer in connection with the issuance of the Certificates, as such requirements may be in effect and transmitted to the City with the insurer's commitment to issue such insurance. -25- # DM-8317973.1 ARTICLE VII SALE OF THE CERTIFICATES; CONTROL AND DELIVERY OF THE CERTIFICATES Section 7.01. Sale of Certificates; Official Statement; Em4nement Letter. (a) The Certificates, having been duly advertised and offered for sale at competitive bid, are hereby officially sold and awarded to (the "Purchaser") for a purchase price equal to the principal amount thereof plus a cash premium of $ , being the bid which produced the lowest true interest cost to the City. The Initial Certificate shall be registered in the name of the Purchaser or its designee. (b) The form and substance of the Preliminary Official Statement for the Certificates and any addenda, supplement or amendment thereto (the "Preliminary Official Statement") and the final Official Statement (the "Official Statement") presented to and considered at this meeting, are hereby in all respects approved and adopted, and the Preliminary Official Statement is hereby deemed final as of its date (except for the omission of pricing and related information) within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended. The use and distribution of the Preliminary Official Statement in the public offering of the Certificates by the Purchaser is hereby authorized. The City Manager, Chief Financial Officer, Mayor and the City Secretary of the City are hereby authorized and directed to use and distribute or authorize the use and distribution of the final Official Statement and any addenda, supplement or amendment thereto (the "Official Statement") and to execute the same and deliver appropriate numbers of executed copies thereof to the Purchasers of the Certificates. The Official Statement as thus approved, executed and delivered, with such appropriate variations as shall be approved by the City Manager, Chief Financial Officer, Mayor of the City and the Purchaser, may be used by the Purchaser in the public offering and sale thereof. The City Secretary is hereby authorized and directed to include and maintain a copy of the Official Statement and any addenda, supplement or amendment thereto thus approved among the permanent records of this meeting. (c) All officers of the City are authorized to execute such documents, Certificates and receipts as they may deem appropriate in order to consummate the delivery of the Certificates in accordance with the terms of sale therefor. Further, in connection with the submission of the record of proceedings for the Certificates to the Attorney General of the State of Texas for examination and approval of such Certificates, the appropriate officer of the City is hereby authorized and directed to issue a check of the City payable to the Attorney General of the State of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas Government Code (such amount to be the lesser of (i) 1/10th of 1% of the principal amount of the Certificates or (ii) $9,500). (d) The obligation of the Purchaser to accept delivery of the Certificates is subject to the Purchaser being furnished with the final, approving opinion of Bracewell LLP, Bond Counsel for the City, which opinion shall be dated as of and delivered on the Closing Date. The Mayor, City Manager or the Chief Financial Officer are hereby authorized and directed to execute the engagement letter with Bracewell LLP, setting forth such firm's duties as Bond Counsel for the -26- # DM-8317973.1 City, and such engagement letter and the terms thereof in the form presented at this meeting is hereby approved and accepted. Section 7.02. Control and Delivery of Certificates. (a) The Mayor is hereby authorized to have control of the Initial Certificate and all necessary records and proceedings pertaining thereto pending investigation, examination and approval of the Attorney General of the State of Texas, registration by the Comptroller of Public Accounts of the State of Texas, and registration with, and initial exchange or transfer by, the Paying Agent/Registrar. (b) After registration by the Comptroller of Public Accounts, delivery of the Certificates shall be made to the Underwriters under and subject to the general supervision and direction of the Mayor, against receipt by the City of all amounts due to the City under the terms of sale. (c) In the event the Mayor or City Secretary is absent or otherwise unable to execute any document or take any action authorized herein, the Mayor Pro Tem and the Assistant City Secretary, respectively, shall be authorized to execute such documents and take such actions, and the performance of such duties by the Mayor Pro Tem and the Assistant City Secretary shall for the purposes of this Ordinance have the same force and effect as if such duties were performed by the Mayor and City Secretary, respectively. City. ARTICLE VIII CREATION OF FUNDS AND ACCOUNTS; DEPOSIT OF PROCEEDS; INVESTMENTS Section 8.01. Creation of Funds. (a) The City hereby establishes the following special funds or accounts: (i) The City of Grapevine, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022, Interest and Sinking Fund; and (ii) The City of Grapevine, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022, Project Fund. (b) Each of said funds or accounts shall be maintained at an official depository of the Section 8.02. Interest and Sinkin4 Fund. (a) The taxes levied under Section 2.01 shall be deposited to the credit of the Interest and Sinking Fund at such times and in such amounts as necessary for the timely payment of the principal of and interest on the Certificates. -27- # DM-8317973.1 (b) If the amount of money in the Interest and Sinking Fund is at least equal to the aggregate principal amount of the outstanding Certificates plus the aggregate amount of interest due and that will become due and payable on such Certificates, no further deposits to that fund need be made. (c) Money on deposit in the Interest and Sinking Fund shall be used to pay the principal of and interest on the Certificates as such become due and payable. Section 8.03. Project Fund. (a) Money on deposit in the Project Fund, including investment earnings thereof, shall be used for the purposes specified in Section 3.01 of this Ordinance. (b) All amounts remaining in the Project Fund after the accomplishment of the purposes for which the Certificates are hereby issued, including investment earnings of the Project Fund, shall be deposited into the Interest and Sinking Fund. Section 8.04. Securitv of Funds. All moneys on deposit in the funds referred to in this Ordinance shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and moneys on deposit in such funds shall be used only for the purposes permitted by this Ordinance. Section 8.05. DeDOsit of Proceeds. (a) $ of the proceeds of the Certificates received on the Closing Date, representing $ of principal and $ of premium generated on the Certificates, shall be deposited to the Project Fund, such moneys to be dedicated and used for the purposes specified in Section 3.01(i) — (iii). (b) $ of premium generated on the Certificates shall be used to pay the cost of issuance of the Certificates. Any amounts remaining after payment of such costs shall be deposited in the Interest and Sinking Fund. Section 8.06. Investments. (a) Money in the Interest and Sinking Fund and the Project Fund, at the option of the City, may be invested in such securities or obligations as permitted under applicable law. (b) Any securities or obligations in which money is so invested shall be kept and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made. -28- # DM-8317973.1 Section 8.07. Investment Income. Interest and income derived from investment of any fund created by this Ordinance shall be credited to such fund. ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9.01. Pavment of the Certificates. While any of the Certificates are outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay the interest on and the principal of the Certificates, as applicable, as will accrue or mature on each applicable Interest Payment Date. Section 9.02. Other ReDresentations and Covenants. (a) The City will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance and in each Certificate; the City will promptly pay or cause to be paid the principal of, interest on, and premium, if any, with respect to, each Certificate on the dates and at the places and manner prescribed in such Certificate; and the City will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by this Ordinance. (b) The City is duly authorized under the laws of the State of Texas to issue the Certificates; all action on its part for the creation and issuance of the Certificates has been duly and effectively taken; and the Certificates in the hands of the Owners thereof are and will be valid and enforceable obligations of the City in accordance with their terms. Section 9.03. Federal Income Tax Matters. (a) General. The City covenants not to take any action or omit to take any action that, if taken or omitted, would cause the interest on the Certificates to be includable in gross income for federal income tax purposes. In furtherance thereof, the City covenants to comply with sections 103 and 141 through 150 of the Code and the provisions set forth in the Federal Tax Certificate executed by the City in connection with the Certificates. (b) No Private Activitv Bonds. The City covenants that it will use the proceeds of the Certificates (including investment income) and the property financed, directly or indirectly, with such proceeds so that the Certificates will not be "private activity bonds" within the meaning of section 141 of the Code. Furthermore, the City will not take a deliberate action (as defined in section 1.141-2(d)(3) of the Regulations) that causes any Certificates to be a "private activity bond" unless it takes a remedial action permitted by section 1.141-12 of the Regulations. (c) No Federal Guarantee. The City covenants not to take any action or omit to take any action that, if taken or omitted, would cause the Certificates to be "federally guaranteed" -29- # DM-8317973.1 within the meaning of section 149(b) of the Code, except as permitted by section 149(b)(3) of the Code. (d) No Hedge Bonds. The City covenants not to take any action or omit to take action that, if taken or omitted, would cause the Certificates to be "hedge bonds" within the meaning of section 149(g) of the Code. (e) No Arbitrage Bonds. The City covenants that it will make such use of the proceeds of the Certificates (including investment income) and regulate the investment of such proceeds of the Certificates so that the Certificates will not be "arbitrage bonds" within the meaning of section 148(a) of the Code. (f) Reauired Rebate. The City covenants that, if the City does not qualify for an exception to the requirements of section 148(f) of the Code, the City will comply with the requirement that certain amounts earned by the City on the investment of the gross proceeds of the Certificates, be rebated to the United States. (g) Information ReDortin4. The City covenants to file or cause to be filed with the Secretary of the Treasury an information statement concerning the Certificates in accordance with section 149(e) of the Code. (h) Record Retention. The City covenants to retain all material records relating to the expenditure of the proceeds (including investment income) of the Certificates and the use of the property financed, directly or indirectly, thereby until three years after the last Certificate is redeemed or paid at maturity (or such other period as provided by subsequent guidance issued by the Department of the Treasury) in a manner that ensures their complete access throughout such retention period. (i) Registration. If the Certificates are "registration -required bonds" under section 149(a)(2) of the Code, the Certificates will be issued in registered form. 0) Favorable ODinion of Bond Counsel. Notwithstanding the foregoing, the City will not be required to comply with any of the federal tax covenants set forth above if the City has received an opinion of nationally recognized bond counsel that such noncompliance will not adversely affect the excludability of interest on the Certificates from gross income for federal income tax purposes. (k) Continuin4 ComDliance. Notwithstanding any other provision of this Ordinance, the City's obligations under the federal tax covenants set forth above will survive the defeasance and discharge of the Certificates for as long as such matters are relevant to the excludability of interest on the Certificates from gross income for federal income tax purposes. (1) Official Intent. For purposes of section 1.150-2(d) of the Regulations, to the extent that an official intent to reimburse has not previously been adopted by the City, this Ordinance serves as the City's official declaration of intent to use proceeds of the Certificates issued in the maximum amount authorized by this Ordinance to reimburse itself for certain expenditures paid in connection with the projects set forth herein. Any such reimbursement will only be made (i) for an original expenditure paid no earlier than 60 days prior to the date hereof -30- # DM-8317973.1 and (ii) not later than 18 months after the later of (A) the date the original expenditure is paid or (B) the date the project to which such expenditure relates is placed in service or abandoned, but in to event more than three years after the original expenditure is paid. ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an "Event of Default," to -wit: (a) the failure to make payment of the principal of or interest on any of the Certificates when the same becomes due and payable; or (b) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the Owners, including but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Owner to the City. Section 10.02. Remedies for Default. (a) Upon the happening of any Event of Default, then and in every case any Owner or an authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners hereunder or any combination of such remedies. (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Owners of Certificates then outstanding. Section 10.03. Remedies Not Exclusive. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. -31- # DM-8317973.1 law. ARTICLE XI DISCHARGE Section 11.01. Discharge. The Certificates may be defeased, discharged or refunded by any manner permitted by ARTICLE XII CONTINUING DISCLOSURE UNDERTAKING Section 12.01. Annual ReDorts. (a) The City shall provide annually to the MSRB, (1) within six months after the end of each fiscal year of the City, financial information and operating data with respect to the City of the general type included in the final Official Statement, being information described in the Tables numbered 1 through 6 and 8 through 15, including financial statements of the City if audited financial statements of the City are then available, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be (i) prepared in accordance with the accounting principles appended to the Official Statement, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within 12 months after any such fiscal year end, then the City shall file unaudited financial statements within such 12-month period and audited financial statements for the applicable fiscal year, when and if the audit report on such statements becomes available. (b) If the City changes its Fiscal Year, it will notify the MSRB of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. (c) All financial information, operating data, financial statements, and notices required by this Section to be provided to the MSRB shall be provided in an electronic format and be accompanied by identifying information prescribed by the MSRB. Financial information and operating data to be provided pursuant to Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public on the MSRB's Internet Web site or filed with the SEC. Section 12.02. Notice of Certain Events. (a) The City shall provide the following to the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of any of the following events with respect to the Certificates: -32- # DM-8317973.1 (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (vii) Modifications to rights of the holders of the Certificates, if material; (viii) Certificate calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the Certificates, if material; (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership or similar event of the City; (xiii) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) Appointment of successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material; (xv) Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and (xvi) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. For these purposes, (A) any event described in the immediately preceding clause (xii) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, -33- # DM-8317973.1 or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets of business of the City, and (B) the City intends the words used in the immediately preceding clauses (xv) and (xvi) in this Section and in the definition of Financial Obligation to have the meanings ascribed to them in SEC Release No. 34-83885 dated August 20, 2018. (b) The City shall provide to the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner, notice of a failure by the City to provide required annual financial information and notices of material events in accordance with Section 12.01 and section (a) above. All documents provided to the MSRB pursuant to this section shall be accompanied by identifying information, as prescribed by the MSRB, and will be available via EMMA at www.emma.msrb.org. Section 12.03. Limitations, Disclaimers and Amendments. (a) The City shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with Article XI that causes Certificates no longer to be Outstanding. (b) The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the Certificates, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. -34- # DM-8317973.1 (c) No default by the City in observing or performing its obligations under this Article shall comprise a breach of or default under the Ordinance for purposes of any other provisions of this Ordinance. (d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. (e) The provisions of this Article may be amended by the City 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, but only if (1) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates 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 (2) either (A) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provisions of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (B) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Certificates. If the City so amends the provisions of this Article, it shall include with any amended financial information or operating data next provided in accordance with Section 12.01 an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. ARTICLE XIII AMENDMENTS Section 13.01. Amendments. This Ordinance shall constitute a contract with the Owners, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains outstanding except as permitted in this Section. The City may, without consent of or notice to any Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of the Owners of the Certificates holding a majority in aggregate principal amount of the Certificates then outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Owners of outstanding Certificates, no such amendment, addition, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Certificates, (ii) give any preference to any Certificate over any other Certificate, or (iii) reduce the aggregate principal amount of Certificates required to be held by Owners for consent to any such amendment, addition, or rescission. -35- # DM-8317973.1 ARTICLE XIV MISCELLANEOUS Section 14.01. Cham4es to Ordinance. The Mayor, City Manager or Chief Financial Officer, in consultation with Bond Counsel, is hereby authorized to make changes to the terms of this Ordinance if necessary or desirable to carry out the purposes hereof or in connection with the approval of the issuance of the Certificates by the Attorney General of Texas. Section 14.02. Partial Invalidity. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of the Ordinance. Section 14.03. No Personal Liabilitv. No recourse shall be had for payment of the principal of or interest on any Certificates or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Certificates. ARTICLE XV EFFECTIVE IMMEDIATELY Section 15.01. Effectiveness. Notwithstanding any provisions of the City Charter, this Ordinance shall become effective immediately upon its adoption at this meeting pursuant to Section 1201.028, Texas Government Code. -36- # DM-8317973.1 APPROVED this 6th day of December, 2022. Mayor, City of Grapevine, Texas ATTEST: City Secretary, City of Grapevine, Texas APPROVED AS TO FORM: City Attorney, City of Grapevine, Texas Signature Page for Ordinance Series 2022 Combination Tax and Revenue Certificates of Obligation