Professional Documents
Culture Documents
Members of the public desiring to submit written comments to be read during the Public
Comment and/or Public Hearing portions of the meeting, will be allowed to submit their
comments to the Office of City Secretary (citysec@sugarlandtx.gov). Written/e-mailed
comments must be received by 3:00 p.m., Tuesday, January 19, 2021. The City of Sugar
Land reserves the right to remove any written/e-mailed comments deemed inappropriate
and/or not adhering to the public comment rules outlined in this notice. The City reserves
the right to not read any comments containing -
Members of the public desiring to participate during the set/posted time of the Public
Comment and/or Public Hearing must e-mail (citysec@sugarlandtx.gov) or call ((281)
275-2730) the Office of the City Secretary by 3:00 p.m., Tuesday, January 19, 2021. Once
properly registered, the Office of the City Secretary will provide instructions for direct
participation during the Public Comment and/or Public Hearing.
For questions or assistance, please contact the Office of the City Secretary (281) 275-
2730.
For the purpose of discussion with respect to the City Manager quarterly performance
report.
Joe Zimmerman, Mayor
THE MAYOR AND CITY COUNCIL RESERVE THE RIGHT, UPON MOTION, TO
SUSPEND THE RULES TO CONSIDER BUSINESS OUT OF THE POSTED ORDER. IN
ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME
DURING THIS MEETING FOR THE PURPOSE OF CONSULTATION WITH THE
ATTORNEY AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTIONS 551.071
TO DISCUSS ANY OF THE MATTERS LISTED ABOVE.
IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY
THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE
CONTACT THE CITY SECRETARY, (281) 275-2730. REQUESTS FOR SPECIAL
SERVICES MUST BE RECEIVED FORTY-EIGHT (48) HOURS PRIOR TO THE
MEETING TIME. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST
YOUR NEEDS.
THE AGENDA AND SUPPORTING DOCUMENTATION IS LOCATED ON THE CITY
WEBSITE (WWW.SUGARLANDTX.GOV) UNDER MEETING AGENDAS.
INITIATED BY:
PRESENTED BY:
AGENDA CAPTION:
CITY COUNCIL MEETING
BUDGET
EXPENDITURE REQUIRED:
CURRENT BUDGET:
ADDITIONAL FUNDING:
FUNDING SOURCE:
INITIATED BY:
PRESENTED BY:
AGENDA CAPTION:
CITY COUNCIL CHAMBER
5:30 P.M.
BUDGET
EXPENDITURE REQUIRED:
CURRENT BUDGET:
ADDITIONAL FUNDING:
FUNDING SOURCE:
AGENDA CAPTION:
Consideration of and action on CITY OF SUGAR LAND RESOLUTION NO. 20-
32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND,
TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE
OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION, FOR THE REBUILD OF THE US 90A AND CIRCLE DRIVE
INTERSECTION; MAKING THIS RESOLUTION A PART OF THE AGREEMENT;
AND REPEALING RESOLUTION NO. 20-19.
RECOMMENDED ACTION:
Repeal Resolution No. 20-19 and approve Resolution No. 20-32 for the Advanced Funding
Agreement with the Texas Department of Transportation for the rebuild of the US90A and
Circle Drive (Owens Road) intersection, CIP No. CMU1707.
EXECUTIVE SUMMARY:
In 2007, the City of Sugar Land began the purchase of the Central Unit Prison, working with
the State on the prison's closure. In 2011, the Texas legislature closed the prison, and in
September 2016, the City acquired approximately 258 acres from the State of Texas, known
as the former Central Unit prison site. The site is located north of US90A and is currently
accessed through Circle Drive (see exhibit below). There have been several aspects of the
development that have moved forward and/or have been completed including: demolition,
To enhance traffic flow and circulation within the proposed development, the City is pursuing
the design and construction of Owens Road, located west of Circle Drive. A Preliminary
Engineering Report (PER) is underway to determine the proposed alignment across the site.
In addition, the Owens Road project encompasses the Union Pacific Railroad (UPRR) and
the Texas Department of Transportation (TxDOT) at US90A. Staff is moving forward with
the design of the intersection due to the long lead-time to obtain permits from both agencies.
The improvements of the intersection at US90A will require approval from TxDOT through
an Advanced Funding Agreement (AFA). Per TxDOT requirements, the AFA must be
approved and entered into by resolution from the Local Government. On November 17,
2020, City Council approved Resolution No. 20-19 for the Advanced Funding Agreement
(AFA) with TxDOT. Staff forwarded the approved resolution to TxDOT Contract Services
Division.
Unfortunately, staff was informed by the TxDOT Contract Services Division that Resolution
No. 20-19 could not be accepted because the resolution referenced an estimated Local
Participation Cost. TxDOT requires that there be no dollar amount indicated in the resolution
for the purpose of, if there are additional funds needed from the Local Government, then the
Local Government would have to obtain another Resolution approving the funds.
Due to TxDOT rejection of Resolution No. 20-19, staff is requesting that City Council
repeals Resolution No. 20-19 and approve the new Resolution No. 20-32, which has been
revised to remove the estimated dollar amount from the document. The remaining AFA will
remain the same, and the final amount of Local Government participation will be based on
actual costs.
BUDGET
FUNDING SOURCE:N/A
ATTACHMENTS:
WHEREAS, the City has agreed to provide funding for the project described in the attached
Advance Funding Agreement between the City and the State of Texas for the rebuild of the US
90A and Circle Drive intersection; and
WHEREAS, the City will fund 100% of the design and construction costs, estimated at
$2,119,028.00; and
WHEREAS, the City Council is willing to fund the project costs up to the maximum
contained in this Resolution; NOW, THEREFORE,
Section 1. That it approves the attached Advance Funding Agreement for the rebuild of
the US 90A and Circle Drive intersection.
Section 2. That the City’s maximum contribution will not exceed $2,119,028.00 without
the City’s prior written approval.
Section 3. That this Resolution is incorporated into and made a part of the Agreement by
attaching it to the Agreement as Attachment A.
_________________________
Joe R. Zimmerman, Mayor
_____________________________
Thomas Harris, III, City Secretary
Exhibits:
Attachment A: Advance Funding Agreement
WHEREAS, the City has agreed to provide funding for the project described in the attached
Advance Funding Agreement between the City and the State of Texas for the rebuild of the US
90A and Circle Drive intersection; and
WHEREAS, the City will fund 100% of the design and construction costs; and
WHEREAS, the City Council is willing to fund the project costs; NOW, THEREFORE,
Section 1. That it approves the attached Advance Funding Agreement for the rebuild of
the US 90A and Circle Drive intersection.
Section 2. That this Resolution is incorporated into and made a part of the Agreement by
attaching it to the Agreement as Attachment A.
_________________________
Joe R. Zimmerman, Mayor
_____________________________
Thomas Harris, III, City Secretary
Exhibits:
Attachment A: Advance Funding Agreement
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through
the Texas Department of Transportation called the “State”, and the City of Sugar Land, acting by
and through its duly authorized officials, called the “Local Government”. The State and Local
Government shall be collectively referred to as “the parties” hereinafter.
WITNESSETH
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design,
construct and operate a system of highways in cooperation with local governments, and Section
222.052 authorizes the Texas Transportation Commission to accept contributions from political
subdivisions for development and construction of public roads and the state highway system within
the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement and
other transportation projects, and
WHEREAS, the State and Local Government do not anticipate that federal funds will be used for the
Project governed by this Agreement; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115814 authorizing
the State to undertake and complete a highway improvement or other transportation project generally
described as the rebuild of the US 90A & Circle Dr intersection. The portion of the project work
covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement
by resolution, ordinance, or commissioners court order dated ______________________, which is
attached to and made a part of this Agreement as Attachment A, Resolution, Ordinance, or
Commissioners Court Order. A map showing the Project location appears in Attachment B, Location
Map Showing Project, (Attachment B) which is attached to and made a part of this Agreement.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is
agreed as follows
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the following
work as stated in the article of the Agreement referenced in the table below:
3. Scope of Work
The scope of work for this Project consists of the design and construction for the intersection
improvements to the US 90A & Circle Dr intersection.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of
environmental assessment and remediation; (4) cost of preliminary engineering and
design; (5) cost of construction and construction management; and (6) any other local
project costs.
D. The State will be responsible for securing the State share of the funding required for
the development and construction of the local Project. If the Local Government is due
funds for expenses incurred, these funds will be reimbursed to the Local Government
on a cost basis.
E. The Local Government will be responsible for all non-State participation costs
associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. For items of work subject to
specified percentage funding, the Local Government shall only in those instances be
responsible for all Project costs that are greater than the maximum State participation
specified in Attachment C and for overruns in excess of the amount specified in
Attachment C to be paid by the Local Government.
F. The budget in Attachment C will clearly state all items subject to fixed price funding,
specified percentage funding or the periodic payment schedule, when periodic
payments have been approved by the State.
G. When the Local Government bears the responsibility for paying cost overruns, the
Local Government shall make payment to the State within thirty (30) days from the
receipt of the State’s written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the fixed
price amount specified in Attachment C. Fixed prices are not subject to adjustment
unless (1) differing site conditions are encountered; (2) further definition of the Local
Government’s requested scope of work identifies greatly differing costs from those
estimated; (3) work requested by the Local Government is determined to be ineligible
for federal participation; or (4) the adjustment is mutually agreed to by the State and
the Local Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a minimum,
this amount shall equal the Local Government’s funding share for the estimated cost of
preliminary engineering performed or reviewed by the State for the Project. At least
sixty (60) days prior to the date set for receipt of the construction bids, the Local
Government shall remit its remaining financial share for the State’s estimated
construction oversight and construction cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the “Texas
Department of Transportation” or may use the State’s Automated Clearing House
(ACH) system for electronic transfer of funds in accordance with instructions provided
by TxDOT’s Finance Division. The funds shall be deposited and managed by the State
and may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been granted
under 43 TAC §15.56, the State will not charge the Local Government for the indirect
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Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
costs the State incurs on the local Project, unless this Agreement is terminated at the
request of the Local Government prior to completion of the Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if the
State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this Agreement
and be reimbursed by the State, the Local Government is authorized to submit
requests for reimbursement by submitting the original of an itemized invoice, in a form
and containing all items required by the State, no more frequently than monthly and no
later than ninety (90) days after costs are incurred. If the Local Government submits
invoices more than ninety (90) days after the costs are incurred the State may refuse to
reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the Project
costs for all items of work with specified percentage funding. Any funds due by the
Local Government or the State for these work items will be promptly paid by the owing
party.
Q. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under this Agreement or indirectly through a subcontract under
this Agreement. Acceptance of funds directly under this Agreement or indirectly
through a subcontract under this Agreement acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those funds. An entity that is the subject of an audit
or investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is subject
to availability of appropriated funds. If funds are not appropriated, this Agreement shall
be terminated immediately with no liability to either party.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
E. The Project is inactive for thirty-six (36) months or longer and no expenditures have
been charged against state funds, in which case the State may in its discretion
terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of the
Agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any Agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
Agreement and shall be cumulative.
8. Utilities
The party named in article 1, Responsible Parties, under AGREEMENT shall be responsible
for the adjustment, removal, or relocation of utility facilities in accordance with applicable state
laws, regulations, rules, policies, and procedures, including any cost to the State of a delay
resulting from the Local Government’s failure to ensure that utility facilities are adjusted,
removed, or relocated before the scheduled beginning of construction. The Local Government
will not be reimbursed with State funds for the cost of required utility work. The Local
Government must obtain advance approval for any variance from established procedures.
Before a construction contract is let, the Local Government shall provide, at the State’s
request, a certification stating that the Local Government has completed the adjustment of all
utilities that must be adjusted before construction is commenced.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
In procuring professional services, the parties to this Agreement must comply with Texas
Government Code 2254, Subchapter A. If the Local Government is the responsible party, the
Local Government shall submit its procurement selection process for prior approval by the
State. All professional service contracts must be reviewed and approved by the State prior to
execution by the Local Government.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
G. Upon completion of the Project, the party constructing the Project will issue and sign a
“Notification of Completion” acknowledging the Project’s construction completion.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
F. The Local Government shall prepare real property maps, property descriptions, and
other data as needed to properly describe the real property and submit them to the
State for approval prior to the Local Government acquiring the real property. Tracings
of the maps shall be retained by the Local Government for a permanent record.
G. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a
tabulation of the values so determined, signed by the appropriate Local Government
representative. The tabulations shall list the parcel numbers, ownership, acreage and
recommended compensation. Compensation shall be shown in the component parts
of land acquired, itemization of improvements acquired, damages (if any) and the
amounts by which the total compensation will be reduced if the owner retains
improvements. This tabulation shall be accompanied by an explanation to support the
determined values, together with a copy of information or reports used in calculating all
determined values. Expenses incurred by the Local Government in performing this
work may be eligible for reimbursement after the Local Government has received
written authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for parcel
acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80%) of the cost of the
real property purchased in accordance with the terms and provisions of this
Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%)
of the State’s predetermined value of each parcel, or the net cost of the parcel,
whichever is less. In addition, reimbursement will be made to the Local Government
for necessary payments to appraisers, expenses incurred in order to assure good title,
and costs associated with the relocation of displaced persons and personal property as
well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will not
hold title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this Agreement. The separate
agreement must establish that the Project will be dedicated for public use for a period
of not less than 10 (ten) years after completion. The separate agreement must define
the responsibilities of the parties as to the use of the real property and operation and
maintenance of the Project after completion. The separate agreement must be
approved by the State prior to its execution. A copy of the executed agreement shall
be provided to the State.
16. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the State
with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
17. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this Agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing that
notices shall be delivered personally or by certified U.S. mail, and that request shall be carried
out by the other party.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
25. Audit
Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or
investigation of any entity receiving funds from the state directly under the contract or indirectly
through a subcontract under the contract. Acceptance of funds directly under the contract or
indirectly through a subcontract under this contract acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
26. Historically Underutilized Business (HUB) and Small Business Enterprise (SBE)
Requirements
For projects with State funds and no federal funds, the Local Government will be required to
follow the provisions of Texas Transportation Code §201.702 and 43 TAC §§9.354-9.355
(HUB) and §§9.314-9.315 (SBE). The Local Government must incorporate project goals
approved by TxDOT into project documents before advertising for receipt of bids. Contractors
must select HUBs and SBEs from TxDOT-approved or maintained sources. The Local
Government will provide monthly updates of HUB/SBE (as appropriate) participation and
report final accomplishments to TxDOT for credit to overall program goals.
For projects with no state or federal funds that are not on the state or federal highway
systems, the Local Government should follow its own local or specific ordinances and
procedures. Local Governments are encouraged to use HUBs and SBEs from TxDOT-
approved or maintained sources. The Local Government must also report final HUB
accomplishments to TxDOT for credit to overall program goals.
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CSJ # 0027-08-184
District # 12 - Houston
Code Chart 64 # 41150
Project Name US 90A & Circle Dr Intersection
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Project Name US 90A & Circle Dr Intersection
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.).
Each party is signing this agreement on the date stated under that party’s signature.
Date Date
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ATTACHMENT A
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
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of 164 A
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
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ATTACHMENT C
PROJECT BUDGET
The Local Government will be responsible for 100% of all costs including project overruns. The State will be
responsible for 100% of all Indirect State Costs.
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City Council Agenda Request
JANUARY 19, 2021
AGENDA CAPTION:
Consideration of and action on CITY OF SUGAR LAND RESOLUTION NO. 21-01:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND,
TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE
STATE OF TEXAS FOR FISCAL YEAR 2021 EMERGENCY MANAGEMENT
PERFORMANCE GRANT (EMPG) AND APPOINTING THE CITY MANAGER, OR
DESIGNEE, AS AUTHORIZED GRANT OFFICIAL TO APPLY FOR, ACCEPT, OR
DECLINE THE GRANT AND TO EXECUTE ALL GRANT DOCUMENTS.
RECOMMENDED ACTION:
Approve Resolution No. 21-01 authorizing the application for the FY20 Emergency
Management Performance Grant.
EXECUTIVE SUMMARY:
The City of Sugar Land continuously seeks grant opportunities through state or federal
funds. These grants typically require a match of City funds and a City Council resolution
authorizing the application for the grant and designation of an official to sign grant
documents. This grant is a reimbursement for funds already included in the annual budget,
however, and no match is required.
This will be the eighth year of the City's participation in the Emergency Management
Staff recommends that City Council approve Resolution No. 21-01 authorizing the
application for the FY21 Emergency Management Performance Grant.
BUDGET
CURRENT BUDGET:
ADDITIONAL FUNDING: 0
FUNDING SOURCE:101-1116
ATTACHMENTS:
Description Type
FY21 EMPG Resolution Contracts
WHEREAS, the City Council of the City of Sugar Land (“City”) finds it in the best interest
of the citizens of the City to submit an application to the State of Texas for the Fiscal Year 2021
Emergency Management Performance Grant (“Grant”) program, which provides funds for hazard
emergency preparedness and local emergency management program expenses; NOW,
THEREFORE:
Section 1. That it adopts the findings and recitations set forth in the preamble to this
Resolution.
Section 2. That it authorizes the submission of a grant application to the State of Texas
for the Fiscal Year 2021 Emergency Management Performance Grant (“Grant”).
Section 3. That the City Manager, or his designee, is appointed as the authorized grant
official to apply for, accept, or decline the Grant and to execute all Grant documents on behalf of
the City of Sugar Land.
____________________________________
Joe R. Zimmerman, Mayor
ATTEST:
_____________________________
Thomas Harris, III, City Secretary
APPROVED AS TO FORM:
FY20EPMGRes
12/23/20
AGENDA CAPTION:
Consideration of and action on Tax Increment Reinvestment Zone Number One Fiscal Year
2020 Annual Report.
RECOMMENDED ACTION:
Approve Tax Increment Reinvestment Zone Number One Fiscal Year 2020 Annual Report.
EXECUTIVE SUMMARY:
Chapter 311 of the Texas Tax Code, known as the Tax Increment Financing Act, requires
municipalities with tax increment reinvestment zones to provide an annual report each fiscal
year to the State Comptroller and the Chief Executive Officer of taxing entities within the
zone that levy a property tax. The report includes detail on FY20 revenue, expenditures,
debt, tax increment base, appraised value, and captured value, as referenced in the state law.
The report was recommended to City Council for approval by the Tax Increment
Reinvestment Zone Number One Board on December 4, 2020. Staff recommends City
Council approval, pursuant to the requirements of the Texas Tax Code. Upon approval, the
report will be sent to the necessary taxing entities and the Comptroller.
BUDGET
FUNDING SOURCE:N/A
ATTACHMENTS:
Description Type
TIRZ No. 1 FY20 Annual Report Other Supporting Documents
INTRODUCTION 5
REVENUES 6
EXPENDITURES 7
TAX INCREMENTS
RECEIVED BY
9
PARTICIPATING
ENTITIES
PURPOSE
To make recommendations to City Council concerning administration of the Tax Increment
Reinvestment Zone (Sugar Land Town Square).
MEMBERSHIP
Tax Increment Reinvestment Zone Number One (TIRZ No. 1) encompasses Sugar Land Town Square
and is comprised of nine board members who are appointed by position with each serving a two-year
term, with the exception of Positions 1 and 2, who serve at the pleasure of the State Senator and State
Representative, who appointed them, respectively, and Position 9, which is appointed by Fort Bend
County.
REVENUES
The information provided in this section is in accordance with § 311.016 (a) (1) of the Texas Tax Code,
which requires inclusion of the amount and source of revenue in the tax increment fund established for
the Zone for Fiscal Year 2020. The bottom line displays all revenues earned for TIRZ No. 1.
In addition to the City’s tax increment revenue, interlocal agreements with Fort Bend County and Fort
Bend LID #2 provide for each taxing unit’s participation in the Zone at 100%. The Zone was created
for a period of 26 years. It will terminate no later than December 31, 2025. The City’s tax increment
revenue in Fiscal Year 2020 is calculated based on a tax rate of $0.33200 per $100 of taxable value.
Fort Bend County’s tax increment revenue in Fiscal Year 2020 is calculated on a tax rate of $0.46000
per $100 of taxable value. Finally, the Fort Bend LID #2’s tax increment revenue in Fiscal Year 2020 is
calculated on a tax rate of $0.14500 per $100 of taxable value. Actual revenues collected from each
participating tax unit during Fiscal Year 2020 appear in Table A
EXPENDITURES
The information provided in this section is in accordance with § 311.016 (a) (2) of the Texas Tax Code,
which requires inclusion of the amount and purpose of expenditures from the tax increment fund for
Fiscal Year 2020. The bottom line displays all expenditures from TIRZ No. 1.
The public improvements to be constructed in the Zone, which constitute eligible Project Costs as
defined in Chapter 311.002, are estimated by the Developer to total approximately $15,000,000 as
stipulated by the five party agreement between the City of Sugar Land, the Sugar Land Town Square
Development Authority, the Sugar Land Development Corporation, the Sugar Land 4B Corporation,
and TIRZ No. 1. Actual expenditures, by amount and purpose, for FY20 are provided in Table B.
No bonded debt was issued by the Zone during Fiscal Year 2020. The Zone has no prior outstanding
bond indebtedness.
In each year subsequent to the base year, the Zone will receive tax increment revenue based on ad
valorem property taxes levied and collected by each participating taxing unit on the captured
appraised value of the Zone. The captured appraised value of the Zone is the total appraised value of
all real property located within the Zone, less the tax increment base value. The Zone includes one tax
abatement (City Abatement #08-01 - Town Center Lakeside) which expired on December 31, 2019.
Participation levels in the Zone have been approved by the City, Fort Bend County, and Fort Bend
County LID #2 as follows:
City of Sugar Land 100%
Fort Bend County 100%
Fort Bend LID #2 100%
As of January 1, 1998 (base year) the area encompassed by the Zone was undeveloped land with a
total appraised value of $5,570,200. Table C on the following page reflects the City’s certified tax roll
for each year of the Zone.
As previously stated, the City, Fort Bend County and Fort Bend LID #2 are the only taxing units
participating in the Zone. Table D summarizes the captured appraised value by tax year and the
actual tax increment revenue received from each participating taxing unit.
PRESENTED BY:
Cam Yearty, Public Private Partnerships Manager
AGENDA CAPTION:
Consideration of and action on Tax Increment Reinvestment Zone Number Three Fiscal Year
2020 Annual Report.
RECOMMENDED ACTION:
Approve Tax Increment Reinvestment Zone Number Three Fiscal Year 2020 Annual Report.
EXECUTIVE SUMMARY:
Chapter 311 of the Texas Tax Code, known as the Tax Increment Financing Act, requires
municipalities with tax increment reinvestment zones to provide an annual report each fiscal
year to the State Comptroller and the Chief Executive Officer of taxing entities within the
zone that levy a property tax. The report includes detail on FY20 revenue, expenditures,
debt, tax increment base, appraised value, and captured value, as referenced in the state law.
The report was recommended to City Council for approval by the Tax Increment
Reinvestment Zone Number Three Board on December 9, 2020. Staff recommends City
Council approval, pursuant to the requirements of the Texas Tax Code. Upon approval, the
report will be sent to the necessary taxing entities and the Comptroller.
FUNDING SOURCE:N/A
ATTACHMENTS:
Description Type
TIRZ No. 3 FY20 Annual Report Other Supporting Documents
INTRODUCTION 5
REVENUES 7
EXPENDITURES 8
TAX INCREMENTS 10
RECEIVED BY
PARTICIPATING
ENTITIES
MEMBERSHIP
The Board of the Tax Increment Reinvestment Zone No. Three (TIRZ No. 3) has all of the duties and
powers authorized by the Tax Increment Financing Act (Chapter 311, Tax Code) and delegated by
Ordinance Nos. 1667, 1888, 1910, and 2064. This authority includes preparing and recommending to
the City Council for its approval the Final Project Plan and Plan of Finance, statutorily required annual
reports, annual budgets, and annual financial statements.
REVENUES
The information provided in this section is in accordance with § 311.016 (a) (1) of the Texas Tax Code,
which requires inclusion of the amount and source of revenue in the tax increment fund established for
the Zone for Fiscal Year 2020. The bottom line displays all revenues earned for TIRZ No. 3.
The City of Sugar Land created TIRZ No. 3 in December 2007, establishing a base year in Tax Year
2007 and Fiscal Year 2008. The City has decided to participate in the Zone at 50% of its ad valorem
tax rate. The City’s tax increment revenue in Fiscal Year 2020 is calculated based on a tax rate of
$0.33200 per $100 of taxable value.
Fort Bend County agreed to participate in the Zone in 2013 through a participation agreement that
established a base year in Tax Year 2012, Fiscal Year 2013. The County has elected to participate in
the Zone at a 50% of its ad valorem tax rate. The County’s tax increment revenue in Fiscal Year 2020
is calculated on a tax rate of $0.46000 per $100 of taxable value.
Additional revenue in the TIRZ includes $471 in interest income during Fiscal Year 2020.
EXPENDITURES
The information provided in this section is in accordance with § 311.016 (a) (2) of the Texas Tax Code,
which requires inclusion of the amount and purpose of expenditures from the tax increment fund for
Fiscal Year 2020. The bottom line displays all expenditures from TIRZ No. 3.
In May 2016, the Sugar Land City Council approved the Third Amendment to the Redevelopment
Agreement between the City, Imperial Johnson, LLC, and the Imperial Redevelopment District.
The Third Amendment identified the need for TIRZ revenues to be used for public expenditures in the
District, which created the need for the Tri-Party Funding Agreement between the City, the TIRZ, and
the Imperial Redevelopment District.
As part of the Tri-Party Funding Agreement, which was passed in August 2016, the City and the Zone
agreed to donate all TIRZ revenues on a bi-annual basis to the District to finance these public
expenditures, except for 2% to be retained for administrative services.
To date, no bonded debt has been issued in the Zone. The Zone has no prior outstanding bond
indebtedness.
In each year subsequent to the base year, the Zone will receive tax increment revenue based on ad
valorem property taxes levied and collected by each participating taxing unit on the captured
appraised value of the Zone. The captured appraised value of the Zone is the total appraised value of
all real property located within the Zone, less each participating taxing unit’s tax increment base value.
The Zone includes one active tax abatement (City Abatement #2014-01 - Nalco) set to expire in 2025.
The City of Sugar Land’s base value for TIRZ No. 3 was set in Tax Year 2007 at $5,602,490. Fort Bend
County agreed to participate in the Zone in 2013, establishing a base value in Tax Year 2012 at
$11,762,870. However, this value erroneously included $5,250 in personal property value. The true base
value is therefore $11,757,620. The following charts reflect the total appraised value, base value, and
the captured value for each participating tax entity for each tax year.
City of Sugar Land - Appraised, Base and Incremental Values
AGENDA CAPTION:
Consideration of and action on Tax Increment Reinvestment Zone Number Four Fiscal Year
2020 Annual Report.
RECOMMENDED ACTION:
Approve Tax Increment Reinvestment Zone Number Four Fiscal Year 2020 Annual Report.
EXECUTIVE SUMMARY:
Chapter 311 of the Texas Tax Code, known as the Tax Increment Financing Act, requires
municipalities with tax increment reinvestment zones to provide an annual report each fiscal
year to the State Comptroller and the chief executive officer of taxing entities within the zone
that levy a property tax. The report includes detail on FY20 revenue, expenditures, debt, tax
increment base, appraised value, and captured value, as referenced in the state law.
The report was recommended to City Council for approval by the Tax Increment
Reinvestment Zone Number Four Board on December 21, 2020. Staff recommends City
Council approval, pursuant to the requirements of the Texas Tax Code. Upon approval, the
report will be sent to the necessary taxing entities and the Comptroller.
BUDGET
FUNDING SOURCE:N/A
ATTACHMENTS:
Description Type
TIRZ No. 4 FY20 Annual Report Other Supporting Documents
INTRODUCTION 5
REVENUES 7
EXPENDITURES 8
TAX INCREMENTS 12
RECEIVED BY
PARTICIPATING
ENTITIES
Vacant Position 7
Position reserved for MUD 137
REVENUES
The information provided in this section is in accordance with § 311.016 (a) (1) of the Texas Tax Code,
which requires inclusion of the amount and source of revenue in the tax increment fund established for
the Zone for Fiscal Year 2020. The bottom line displays all revenues earned for TIRZ No. 4.
The City of Sugar Land created TIRZ No. 4 in December 2009, establishing a base year in Tax Year
2009. The City has decided to participate in the Zone at 50% of its ad valorem tax rate. The City’s tax
increment revenue in Fiscal Year 2020 is calculated based on a tax rate of $0.33200 per $100 of
taxable value. Fort Bend County MUD No. 138 and 139 elected to participate in the Zone in 2011, yet
each agreed in a participation agreement to set a base value on the year the Zone was created, Tax
Year 2009. Each municipal utility district has decided to participate at 50% of the City’s ad valorem
tax rate. Fort Bend County and the Fort Bend County Drainage District agreed to participate in the
Zone in December 2013, establishing a base year in Tax Year 2013. The County and Drainage District
have elected to participate in Zone at the following schedule:
The Fort Bend County tax increment revenue in Fiscal Year 2020 is calculated based on a combined
tax rate of $0.46000 per $100 of taxable value; this also includes the Drainage District’s tax rate.
Revenue collected from each participating tax unit during Fiscal Year 2020 appears in Table A.
Additional revenue in the TIRZ includes $25,613 in interest income received during Fiscal Year 2020.
EXPENDITURES
The information provided in this section is in accordance with § 311.016 (a) (2) of the Texas Tax Code,
which requires inclusion of the amount and purpose of expenditures from the tax increment fund for
Fiscal Year 2020; the bottom line sums all expenditures from TIRZ No.4.
In Fiscal Year 2020, the Zone incurred expenditures related to legal and administrative services as
detailed below in Table B.
To date, no bonded debt has been issued in the Zone. The Zone has no prior outstanding bond
indebtedness.
In each year subsequent to the base year, the Zone receives tax increment revenue from ad valorem
property taxes levied and collected by each participating taxing unit on the captured appraised value
of the Zone. The captured appraised value of the Zone is the total appraised value of all real property
located within the Zone, less each participating taxing unit’s tax increment base value.
The City of Sugar Land’s base value for TIRZ No. 4 was set in Tax Year 2009 at $21,523,297. Fort Bend
County MUD No. 138 and No. 139 each agreed to participate in the Zone in Tax Year 2011, though a
contractual base value was set using 2009 values at $10,527,513 for MUD No. 138 and $10,970,488
for MUD No. 139. The Fort Bend County and Fort Bend County Drainage District base value is set in
Tax Year 2013 at $72,152,791. The following tables reflect the total appraised value, base value, and
captured value for each participating tax entity for each tax year. New for the FY20 Annual Report,
graphical representations of the tax increment capture are also included following the tables.
AGENDA CAPTION:
Consideration of and action on the minutes of the January 5, 2021 meeting.
RECOMMENDED ACTION:
Consider the minutes of January 5, 2021 meeting.
EXECUTIVE SUMMARY:
Consider the minutes of January 5, 2021 meeting.
BUDGET
EXPENDITURE REQUIRED:
CURRENT BUDGET:
ADDITIONAL FUNDING:
FUNDING SOURCE:
ATTACHMENTS:
5:30 PM
ATTENTION:
City of Sugar Land will limit meetings to City of Sugar Land Staff and Essential
Personnel in order to limit the spread of COVID-19, as recommended by the Centers
for Disease Control and Prevention. Members of the City Council, Board and/or
Commission may participate in deliberations of posted agenda items through
telephonic/videoconferencing means. Audio/Video of open deliberations will be
available for the public to hear/view, and recorded as per the Texas Open Meetings
Act.
Members of the public desiring to submit written comments to be read during the
Public Comment and/or Public Hearing portions of the meeting, will be allowed to
submit their comments to the Office of City Secretary (citysec@sugarlandtx.gov).
Written/e-mailed comments must be received by 3:00 p.m., Tuesday, January 5, 2021.
The City of Sugar Land reserves the right to remove any written/e-mailed comments
deemed inappropriate and/or not adhering to the public comment rules outlined in this
notice. The City reserves the right to not read any comments containing -
Members of the public desiring to participate during the set/posted time of the Public
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Comment and/or Public Hearing must e-mail (citysec@sugarlandtx.gov) or call ((281)
275-2730) the Office of the City Secretary by 3:00 p.m., Tuesday, January 5, 2021.
Once properly registered, the Office of the City Secretary will provide instructions for
direct participation during the Public Comment and/or Public Hearing.
For questions or assistance, please contact the Office of the City Secretary (281) 275-
2730.
QUORUM PRESENT
All members were present.
INVOCATION
Mayor Joe Zimmerman
RECOGNITION
SABRINA ROESLER
LEMONADE DAY HOUSTON
2020 YOUTH ENTREPRENEUR OF THE YEAR
Joe Zimmerman, Mayor
I. PUBLIC COMMENT
A. Citizens who desire to address the City Council, Board and/or Commission
with regard to matters on the agenda will be read and/or received at this time.
Members of the public desiring to make comments during this portion of the
meeting will be allowed to submit their comments (as outlined above) to the
Office of the City Secretary (citysec@sugarlandtx.gov). Written/e-mailed
comments and/or requests to participate during this portion of the meeting must
be received by 3:00 p.m. on, Tuesday, January 5, 2021. The City of Sugar
Land reserves the right to remove any written/e-mailed comments deemed
inappropriate (as outlined above) and/or not related to matters posted on the
agenda. Comments or discussion by the City Council, Board, and/or
Commission Members, will only be made at the time the subject is scheduled
for consideration.
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II. CONSENT AGENDA
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E. Consideration of and action on authorization of a Contract with Inframark
LLC, in the amount of $99,280.00, for fire hydrant painting services. This
contract will automatically renew for four (4) additional one-year terms with a
total contract amount of $496,400.00.
Katie Clayton, Assistant Director of Public Works
F. Consideration of and action on authorization of a Contract with Alliance
Transportation Group, Inc., in the amount of $239,930.00, for speed zone
studies on twenty-eight (28) roadways in the city.
James Turner, City Traffic Engineer
G. Consideration of and action on the minutes of December 15, 2020 meeting.
Thomas Harris, III, City Secretary
All Consent Agenda items listed are considered to be routine by the City Council
and enacted by one motion. Item II-B was pulled from the Consent Agenda and
voted on separately.
A motion to Approve, Items II-A, II-C through II-G, Consent Agenda, was made
by Naushad Kermally and seconded by Stewart Jacobson, the motion Passed.
III. BUDGET
A. Consideration of and action on a Budget Amendment, in the amount of
$3,580,184, to the Sugar Land 4B Corporation Fiscal Year 2021 Budget from
the Corporation's Fiscal Year 2020 carryovers.
Jennifer Brown, Director of Finance
Jennifer Brown, Director of Finance, gave a presentation, comments, and answered
questions from the Council.
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amount of $118,857.00 in revenues and expenditures.
Daphne McKinney, Strategic Planning & Philanthropy Manager; Kimberly
Terrell, Assistant Director of Parks & Recreation
Daphne McKinney, Strategic Planning & Philanthropy Manager and Kimberly
Terrell, Assistant Director of Parks & Recreation, gave a presentation, comments,
and answered questions from the Council.
Col. Raj Bhalla, Donator, gave comments and answered questions from the
Council.
Andy Pettigrew, KW Industries and Mike Goodrum, City Manger, gave comments
and answer questions from the Council.
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Joe Zimmerman, Mayor
VIII.ADJOURNMENT
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City Council Agenda Request
JANUARY 19, 2021
AGENDA CAPTION:
FIRST AND FINAL CONSIDERATION : Consideration of and action on CITY OF SUGAR
LAND ORDINANCE NO. 2220: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SUGAR LAND, TEXAS, AMENDING THE FISCAL YEAR 2020-2021 BUDGET
FOR THE CITY OF SUGAR LAND, TEXAS, TO PROVIDE THAT THE REVISED
BUDGET ADDRESS FUNDS RELATING TO CERTAIN CAPITAL AND OPERATING
BUDGET MATTERS AND THAT THIS AMENDMENT BE ADOPTED AS THE
BUDGETED AMOUNT FOR THOSE FUNDS.
RECOMMENDED ACTION:
Approve first and final reading of Ordinance No. 2220 amending the Fiscal Year 2021 budget.
EXECUTIVE SUMMARY:
Background
The City’s budget is adopted by one reading of an ordinance each year by City Council as stipulated
by the City Charter. After the budget is adopted, additional appropriations that are needed require
City Council approval through a budget ordinance. To streamline the process, the Budget Office
consolidates amendment requests into a single budget ordinance and brings them forward on a semi-
annual basis, or as needed. This budget amendment is for carry-overs from FY20, and it also
formalizes budget amendments and actions approved by City Council since October.
As part of actively managing the budget, the second amendment typically occurs toward the end of
the fiscal year, which allows the City to better estimate available net funding remaining in the current
year. This method more clearly presents the activity that occurred on a budgetary basis in the prior
year.
The City’s focus on resiliency and innovative constraint enable us to maintain our financial strength
while continuing to provide high-quality services that are important to residents. Our tradition is to
conservatively estimate revenue and ensure that adequate funds are available to meet service
delivery needs. Accountability and transparency are key to this process - by managing the budget
amendments using this process, we are able to maintain both.
A cash equivalent operating reserve is established and maintained for the Utility Fund at 25% of the
current year’s budget appropriation for recurring operating costs, and the Airport Fund is also at 25%,
excluding fuel for resale cost.
Carry-Over Requests
Carryovers are expenditures that were budgeted in the prior year, but the receipt of those goods did
General Fund
The General Fund accounts for most of the City’s services, and is funded primarily from sales tax
(34%) and property taxes (33%). The annual budget is structurally balanced and maintains a policy
minimum of 25% of recurring operating expenditures as a fund balance requirement.
The General Fund FY20 ending budgetary fund balance of $32.97M is $7.9M greater than the
budgeted ending fund balance (net of sales tax accruals). The fund ended the year better than
anticipated due to revenue estimate reductions due to the impacts of COVID-19. Sales tax revenues
came in $1.8M better than projections and expenditures came in $5.6M better than projected as the
result of conservative strategies to generate savings to offset potential revenue reductions. After
accruals, total revenues were $1.7M better than the revised budget, which was significantly reduced
mid-year as part of the immediate actions implemented in response to COVID-19.
Carry-over requests in the General Fund total $982,574 and are broken down as shown below.
Department Expenditures
General Government $ 201,001
Finance 12,219
Public Works 333,821
Parks 39,798
Planning 164,273
City Engineer 94,633
ENS 52,298
Police 38,394
Fire 12,170
Transfer to Other Funds 33,967
Total $ 982,574
As part of the FY21 budget preparation, the City utilized several strategies to help mitigate the
uncertainty of COVID-19 impacts on the City’s finances. One of the strategies is to reduction of
expenditures and deferring major initiatives such as infrastructure rehabilitation for 6 months, until
more data becomes available. Based on better than projected performance through the end of FY20,
staff recommends that the carryovers include utilization of $737,500 of the available FY20 fund
balance over budget to release a portion of the rehab funding that has been deferred to allow work to
begin on priority projects such as sidewalk repairs. By adding the funding from FY20 fund balance,
the financial strategies are preserved to maintain the maximum flexibility in the FY21 budget.
After the carryovers and appropriation for infrastructure rehab, the general fund has a budgeted
ending balance of $29,785,923.
Utility Fund
At the end of FY20, the Utility Fund unaudited cash equivalents balance is $13.17 million which is
$1.36 million higher than the budgeted ending balance of $11.81 million. FY20 expenditures were
$3.6 million less than budgeted, while revenues were under budget by $2.28 million- primarily in
charges for services. Staff is evaluating consumption data by customer class to monitor the continued
impacts of COVID-19 and potential revenue impacts. To date, FY21 revenues, however, are
performing consistent with the rate model that was updated in phase I of the Utility Rate Study
project.
Carryover requests totaling $1,895,380 are recommended for the fund, to allow the department to
maintain service levels and proceed with items that were delayed due to COVID-19. This results in a
revised budgeted ending balance of $10.3 million for FY21, which is over the 25% policy
requirement.
Division Amount
Utility Admin 435,940
Water Distribution / Water 44,743
Production
WW Collection / WW 605,893
Treatment
Customer Service 578,766
Water Conservation 11,458
Surface Water 218,580
Total – Utility Fund $1,895,380
Airport Fund
The Airport Fund ended FY20 with unaudited cash equivalents of $3.2 million, which is $0.54
million higher than the budgeted ending balance of $2.65 million.
Carry-over requests in the Airport Fund total $384,570, and are offset by $63,316 in revenues. The
revised budgeted ending balance is $3.2 million after carryovers and is over the policy requirement.
CDBG Fund
At the end of FY20 there are $20,622 in Community Development Block Grant funds that were
unspent from prior year funding - as well as an offsetting revenue reduction as these expenditures will
be reimbursed. The budget needs to be re-established for these funds in FY21 to allow for
completion of the grant projects. Expenditures will be offset by grant revenues for the same amount.
The budgeted ending balance will be zero.
The Council approved budget amendments described above are incorporated into the income
statements for each fund.
Recommendation
Staff recommends approval of Ordinance No. 2220 amending the FY2021 budget to reflect carryover
funding from FY20 and Council approved budget amendments as described above.
BUDGET
CURRENT BUDGET:
ADDITIONAL FUNDING:
FUNDING SOURCE:
ATTACHMENTS:
Description Type
Ordinance No. 2220 Ordinances
Income Statements Other Supporting Documents
Section 1. That the budget of the City of Sugar Land, Texas for the fiscal year ending
September 30, 2021, as adopted by Ordinance No. 2214, is amended as shown in the attached
Exhibit A.
Section 2. That this ordinance is adopted upon one reading in compliance with Section
6.03 of the City Charter.
__________________________
Joe R. Zimmerman, Mayor
______________________________
Thomas Harris III
City Secretary
Revenues Over/(Under) Expenditures (8,040,207) (733,175) 7,307,032 (1,470,054) (982,574) (737,500) (3,190,128)
Fund Balance - Beginning 40,275,171 40,275,171 - 32,234,966 7,307,030 39,541,996
Accrued Sales/Franchise Taxes (7,242,699) (6,565,945) 676,754 (7,242,699) 676,754 (6,565,945)
Fund Balance - Ending $ 24,992,265 32,976,051 7,983,786 $ 23,522,213 $ 7,001,210 $ (737,500) $ 29,785,923
EXPENDITURES
Utility Administration 1,762,425 1,121,398 641,027 778,856 435,940 1,214,796
Water Distribution 2,702,625 2,407,694 294,931 2,649,163 2,862 2,652,025
Water Production 2,760,331 2,630,805 129,526 2,959,244 41,881 3,001,125
Wastewater Collection 1,855,473 1,271,025 584,448 1,534,710 196,343 1,731,053
Wastewater Treatment 6,398,182 6,234,960 163,222 5,880,369 409,550 6,289,919
Customer Service 1,871,351 1,281,317 590,034 1,494,275 578,766 2,073,041
Water Quality 631,502 595,052 36,450 722,752 - 722,752
Water Conservation 220,432 140,207 80,225 297,001 11,458 308,459
Treasury 1,735,538 1,668,668 66,870 1,765,065 - 1,765,065
Surface Water 7,110,180 6,381,505 728,675 7,648,602 218,580 7,867,182
Total Operating Expenditures 27,048,039 23,732,631 3,315,408 25,730,037 1,895,380 27,625,417
Debt Service 16,811,031 16,806,485 4,546 17,967,289 - 17,967,289
Transfers Out 11,076,820 11,076,820 - 10,025,942 - 10,025,942
Miscellaneous 716,224 390,231 325,993 395,912 - 395,912
Contingency - - - 534,830 - 534,830
CIP Transfers 9,048,250 9,048,250 - 13,321,700 - 13,321,700
Total Non-Operating Expenditures 37,652,325 37,321,786 330,539 42,245,673 - 42,245,673
Total Expenditures 64,700,364 61,054,417 3,645,947 67,975,710 1,895,380 69,871,090
EXPENDITURES
Airport Administration 1,236,329 885,755 350,574 1,040,472 180,124 1,220,596
Airfield Operations 296,473 194,101 102,372 298,949 - 298,949
FBO Services 7,622,001 7,159,925 462,076 8,630,403 20,680 8,651,083
Café Select 222,219 219,702 2,517 267,239 - 267,239
U.S. Customs 391,937 225,155 166,782 301,760 141,130 442,890
Maintenance and Operations 1,280,670 1,080,070 200,600 1,136,689 42,636 1,179,325
Total Operating Expenditures 11,049,629 9,764,709 1,284,920 11,675,512 384,570 12,060,082
Debt Service 1,301,127 1,304,145 (3,018) 1,412,923 - 1,412,923
Miscellaneous 151,802 169,356 (17,554) 192,251 - 192,251
Transfers Out - Non-Bond CIP 402,196 402,196 - - - -
Transfers Out - Bond CIP 1,800,000 1,800,000 - 750,000 - 750,000
Operating Transfers Out 1,107,354 1,107,354 - 1,240,949 - 1,240,949
Total Non-Operating Expenditures 4,762,479 4,783,051 (20,572) 3,596,123 - 3,596,123
Total Expenditures 15,812,108 14,547,759 1,264,349 15,271,635 384,570 15,656,205
CASH EQ. RESERVE RATIO (25% min) 52% 83% 55% 59%
BOND COVERAGE (1.25x min) 2.04 2.34 1.99 1.94
FUEL GALLONS SOLD 2,843,467 2,694,631 2,951,075 2,951,075
Min. Fund Balance (15% of Budgeted Sales Tax) $ 908,014 $ 908,014 $ 831,771 $ 831,771
Over/Under Policy 3,233,012 4,220,122 3,406,835 3,603,146
Bond Coverage Ratio (>1.25x) 1.52 1.59 1.41 1.41
EXPENDITURES
Economic Development Program 561,620 365,374 196,246 711,620 148,298 859,918
Contractual Services 12,200 13,789 (1,589) 12,200 - 12,200
Total Operating Expenditures 573,820 379,163 194,657 723,820 148,298 872,118
Debt Service 3,042,596 3,042,596 - 3,020,625 - 3,020,625
Incentives 787,500 766,322 21,179 37,500 - 37,500
Payment to Escrow Account 26,715,744 26,715,744 - - - -
Insurance Costs 430,522 434,358 (3,836) - - -
Reserve for Opportunities 2,946,800 - 2,946,800 1,550,000 3,431,886 4,981,886
Transfers to Capital Projects 763,200 763,200 - 650,000 - 650,000
Transfers to Other Funds 818,835 757,367 61,468 881,983 - 881,983
Total Non-Operating Expenditures 35,505,197 32,479,586 3,025,611 6,140,108 3,431,886 9,571,994
Total Expenditures 36,079,017 32,858,749 3,220,268 6,863,928 3,580,184 10,444,112
Expenditures
Airport - - - 750,000 750,000 - - - 750,000
Drainage 11,176,000 - - - 11,176,000 - - - 11,176,000
Municipal - 250,000 - - 250,000 75,000 - - 325,000
Parks 1,000,000 200,000 - - 1,200,000 - - - 1,200,000
Streets 600,000 - - - 600,000 - 670,000 - 1,270,000
Traffic - 200,000 - - 200,000 - - - 200,000
Surface Water - - 2,384,500 - 2,384,500 - - - 2,384,500
Water - - 7,732,000 - 7,732,000 - - (170,000) 7,562,000
Wastewater - - 3,361,000 - 3,361,000 - - 87,227 3,448,227
Prior Year Project Close Out - - - - - (75,000) - - (75,000)
Total CIP Expenditures 12,776,000 650,000 13,477,500 750,000 27,653,500 - 670,000 (82,773) 28,240,727
Issuance Costs 300,000 - - - 300,000 - - - 300,000
Transfers Out - - - - - - - - -
Non-operating Expenditures 300,000 - - - 300,000 - - - 300,000
Total Expenditures 13,076,000 650,000 13,477,500 750,000 27,953,500 - 670,000 (82,773) 28,540,727
AGENDA CAPTION:
Consideration of and action on authorization of Amendment No. 1 to the Coronavirus Aid,
Relief, and Economic Security (CARES) Act Funding Allocation Distribution Agreement by
and between the City of Sugar Land, Texas, and Fort Bend County, Texas; and authorization
of a Fiscal Year 2021 General Fund budget amendment in the amount of $2,000,000 in
revenues and expenditures.
RECOMMENDED ACTION:
Approval of Amendment to CARES Act Funding Allocation Distribution Agreement
between the City of Sugar Land and Fort Bend County and approval of a General Fund
budget amendment in the amount of $2,000,000 in revenues and expenditures.
EXECUTIVE SUMMARY:
On June 16, 2020, Council approved the CARES Act Funding Allocation Distribution
Agreement with Fort Bend County in the amount of $6,523,000. This agreement is the
mechanism through which the County would distribute funds allocated to it from the federal
CARES Act to the City of Sugar Land. On December 15, 2020, Fort Bend County
Commissioners Court approved the allocation of an additional $2,000,000 to the City of
Sugar Land in CARES Act funding. This Amendment updates the agreement to reflect the
additional funding, bringing the total allocation for the City to $8,523,000.
BUDGET
ATTACHMENTS:
Description Type
Amendment to CARES Act Funding Agreement Contracts
RECITALS
WHEREAS, the Parties executed and accepted that certain CARES Act Funding
Allocation Distribution Agreement on June 16, 2020, (hereinafter the “Agreement”); and
WHEREAS, the Parties desire to amend the Agreement to increase the amount of
the Local Allocation to be distributed by the County to the City.
____________________________________
KP George, County Judge
12/15/2020
Date _______________________________
ATTEST:
____________________________________
Laura Richard, County Clerk
AUDITOR’S CERTIFICATE
__________________________________
Robert Ed Sturdivant, Fort Bend County Auditor
______________________________
Michael W. Goodrum, City Manager
Date: ________________________
ATTEST:
______________________________
Thomas Harris, III, City Secretary
I:\Marcus\Disaster Response and Recovery\COVID-1 9 \CARES Act Funding Agreements\Amend 1 - CARES Act Funding Agreement - Sugar Land.docx .12/3/2020. 20-Aud-500150 -A1
AGENDA CAPTION:
FIRST CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND
ORDINANCE NO. 2221: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SUGAR LAND, TEXAS, ESTABLISHING A BUSINESS SUPPORT
PROGRAM, AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACTS
AND AGREEMENTS IN CONNECTION WITH THE PROGRAM WITHOUT
SPECIFIC APPROVAL OF THE CITY COUNCIL IF THE INDIVIDUAL
CONTRACT OR AGREEMENT DOES NOT EXCEED $250,000 AND THE
COMBINED TOTAL OF THE CONTRACTS AND AGREEMENTS APPROVED IN
CONJUNCTION WITH THE PROGRAM DOES NOT EXCEED $2,000,000; AND
SETTING FORTH OTHER PROVISIONS RELATED THERETO.
RECOMMENDED ACTION:
Approve First Consideration of Ordinance No. 2221 establishing a Business Support
Program utilizing Fort Bend County funds and granting the City Manager authority to
approve contracts and agreements up to $250,000 when funded by the City's Business
Support Program.
EXECUTIVE SUMMARY:
In June 2020, the Economic Development Department launched the award-winning,
#AllInForSLTX Campaign as an innovative way to provide support for Sugar Land
During the September 22nd City Council fall strategic planning work session, the City
Council expressed excitement and enthusiasm toward implementing innovative placemaking,
business partnerships, and events in Sugar Land. As such, the Economic Development staff
expanded the #AllInForSLTX initiative to begin building an ecosystem for innovation and
creative ideas that showcase Sugar Land entering a new growth phase.
On December 15, 2020, Fort Bend County approved the allocation of $2,000,000 for the
City of Sugar Land to implement a Business Support Program. Economic Development Staff
has developed a work program consisting of four project categories which were initially
conceived as part of the #AllInForSLTX Initiative:
In order to swiftly and fully utilize the allocated Fort Bend County funds, staff is requesting
the approval of Ordinance 2221 to allow the City Manager to sign all contracts and
agreements necessary to implement the Business Support Program up to $250,000 per
contract or agreement. Currently, staff anticipates that this will include the contract for the
Business Innovation Training & Coaching; as we begin to implement the Program, this may
also come to include agreements resulting from the open call for projects and, potentially,
contracts entered-into to develop and activate pop-up improvements.
Staff will continue to follow applicable state procurement laws, and this extended authority
only applies to contracts and agreements entered into pursuant to this Program.
Understanding that Council has a deep interest in the success of the Business Support
Program and a responsibility for accounting of the program to our residents, staff will submit
a report to Council detailing the expenditures made under the Program.
Staff recommends approval of First Reading of Ordinance No. 2221. The Second Reading
will be placed on the January 26, 2021, agenda for consideration.
BUDGET
EXPENDITURE REQUIRED: $0
CURRENT BUDGET: $0
FUNDING SOURCE:
ATTACHMENTS:
Description Type
Ordinance 2221 Ordinances
WHEREAS, the COVID-19 pandemic has impacted all aspects of daily life for
nearly 12 months; and
WHEREAS, the Program is available to businesses located with the City and
the City’s extraterritorial jurisdiction; and
WHEREAS, Fort Bend County has allocated $2,000,000 to the City to fund the
Program; and
WHEREAS, the City Council desires to use the funding from Fort Bend County
to fund the Program; and
Section 1. That the City Council adopts the findings and recitals set forth in the
preamble of this Ordinance.
Section 3. That the City Council authorizes the City Manager to approve
contracts and agreements in support of the Program without specific City Council
approval if such contracts and agreements are intended to further the goals and
objectives of the Program, do not exceed $250,000 individually and $2,000,000
cumulatively, and are entered into in accordance and compliance with State law.
Section 5. That the provisions of this Ordinance are severable and the invalidity
of any part of this ordinance will not affect the validity of the remainder of the
ordinance.
__________________________________
Joe R. Zimmerman, Mayor
ATTEST:
_____________________________
Thomas Harris, III, City Secretary
APPROVED AS TO FORM:
AGENDA CAPTION:
Consideration of and action on authorizing issuance of Fort Bend County Municipal Utility
District No. 136 Unlimited Tax Bonds Series 2021 in the amount of $2,330,000.
RECOMMENDED ACTION:
Consideration and approval of the issuance of Fort Bend MUD No.136 Unlimited Tax
Bonds in the amount of $2,330,000.
EXECUTIVE SUMMARY:
Background
Fort Bend County Municipal Utility District 136 is a political subdivision of the State of
Texas, created by order of the Commission on Environmental Quality (TCEQ). The District
is wholly incorporated within the corporate limits of the City of Sugar Land. The District is
part of the 2,018-acre master-planned community of Telfair, consisting of the District, three
other municipal utility districts, and an overlapping levee improvement district.
Approximately 2,839 single-family residential lots have been constructed in Telfair. This
District contains 139 acres and is 100% commercial properties- no residential property lies
within MUD 136.
All of the land within Telfair lies within Fort Bend Levee Improvement District No. 17
(“LID 17”), which encompasses approximately 2,330 acres of land. LID 17 has constructed a
The proposed issue meets the requirements set forth in City Council policy 5000-03:
Creation, Operations, and Dissolution of Special Purpose Districts located within the City of
Sugar Land or its Extraterritorial Jurisdiction, adopted by Resolution No. 11-07.
This issue, as well as other debt issued by the District- is not an obligation of the City of
Sugar Land and is supported through a property tax levy on properties within the District.
Proposed Issue
Proceeds from the Bonds will be used to pay construction costs related to water, wastewater
and drainage facilities within the District, which will serve the following developments:
Description Amount
Construction Costs
Crossing at Telfair Phase I - Bonaventure Way $ 72,732
Crossing at Telfair Section 4 - Phase II 844,152
Crossing at Telfair Office Park 393,266
Engineering Fees 201,268
COSL Regional Connection Charges 372,200
Total Construction Costs 1,883,618
Non-Construction Costs
Underwriters Discount (est at 3%) 69,900
Est. Developer Interest 185,865
Total Non-Construction Costs 255,765
The District is proposing repayment of principal beginning in 2022 and is not extending the
current maturity schedule, which runs through 2037. Interest payments would begin in
September 2021.
Action Requested
Staff has reviewed the proposed bond issue and recommends that the City Council approve
the issuance as requested by the District.
The District’s Financial Advisor, Masterson Advisors LLC, will be available to answer
questions regarding the proposed issue.
BUDGET
FUNDING SOURCE:N/A
ATTACHMENTS:
Description Type
Preliminary Official Statement Preliminary Official Statement (POS)
Staff Memorandum Other Supporting Documents
This PRELIMINARY OFFICIAL STATEMENT is subject to completion and amendment and is intended solely for the solicitation of
initial bids to purchase the Bonds. Upon sale of the Bonds, the OFFICIAL STATEMENT will be completed and delivered to the
Underwriter.
IN THE OPINION OF BOND COUNSEL, UNDER EXISTING LAW, INTEREST ON THE BONDS IS EXCLUDABLE FROM GROSS
INCOME FOR FEDERAL INCOME TAX PURPOSES AND INTEREST ON BONDS IS NOT SUBJECT TO THE ALTERNATIVE MINIMUM
TAX ON INDIVIDUALS. SEE “TAX MATTERS” FOR A DISCUSSION OF THE OPINION OF BOND COUNSEL.
THE BONDS WILL BE DESIGNATED AS “QUALIFIED TAX-EXEMPT OBLIGATIONS” FOR FINANCIAL INSTITUTIONS. SEE “TAX
MATTERS—QUALIFIED TAX-EXEMPT OBLIGATIONS.”
NEW ISSUE-Book-Entry Only
$2,330,000
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 136
(A political subdivision of the State of Texas located within Fort Bend County)
UNLIMITED TAX BONDS
SERIES 2021
The bonds described above (the “Bonds”) are obligations solely of Fort Bend County Municipal Utility District No. 136 (the “District”) and are
not obligations of the State of Texas, Fort Bend County, the City of Sugar Land, or any entity other than the District.
jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction.
The Bonds, when issued, will constitute valid and legally binding obligations of the District and will be payable from the proceeds of an annual ad
valorem tax levied, without legal limitation as to rate or amount, against all taxable property within the District. THE BONDS ARE SUBJECT TO
SPECIAL RISK FACTORS DESCRIBED HEREIN. See “RISK FACTORS.”
Principal of the Bonds is payable at maturity or earlier redemption at the principal payment office of the paying agent/registrar, initially The Bank
of New York Mellon Trust Company, N.A., Dallas, Texas (the “Paying Agent/Registrar”) upon surrender of the Bonds for payment. Interest on
the Bonds accrues from March 1, 2021, and is payable each September 1 and March 1, commencing September 1, 2021, until maturity or prior
redemption. The Bonds will be issued only in fully registered form in denominations of $5,000 each or integral multiples thereof. The Bonds are
subject to redemption prior to their maturity, as shown below.
The Bonds will be registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”), which
will act as securities depository for the Bonds. Beneficial owners of the Bonds will not receive physical certificates representing the Bonds, but
will receive a credit balance on the books of the nominees of such beneficial owners. So long as Cede & Co. is the Registered Owner of the Bonds,
the principal of and interest on the Bonds will be paid by the Paying Agent/Registrar directly to DTC, which will, in turn, remit such principal and
interest to its participants for subsequent disbursement to the beneficial owners of the Bonds. See “BOOK-ENTRY-ONLY SYSTEM.”
MATURITY SCHEDULE
Initial Initial
Due Principal Interest Reoffering CUSIP Due Principal Interest Reoffering CUSIP
(Sept. 1) Amount (a) Rate Yield (d) Number (c) (Sept. 1) Amount (a) Rate Yield (d) Number (c)
2022 $ 150,000 2030 $ 145,000 (b)
2023 150,000 2031 145,000 (b)
2024 145,000 2032 145,000 (b)
2025 145,000 2033 145,000 (b)
2026 145,000 2034 145,000 (b)
2027 145,000 (b) 2035 145,000 (b)
2028 145,000 (b) 2036 145,000 (b)
2029 145,000 (b) 2037 145,000 (b)
(a) The Underwriter may designate one or more maturities of term bonds. See accompanying “Official Notice of Sale.”
(b) Bonds maturing on or after September 1, 2027, are subject to redemption at the option of the District prior to their maturity dates in whole, or from time to
time in part, on September 1, 2026, or on any date thereafter at a price of par value plus unpaid accrued interest from the most recent Interest Payment Date
(as herein defined) to the date fixed for redemption. See “THE BONDS—Redemption Provisions.”
(c) CUSIP Numbers have been assigned to the Bonds by CUSIP Service Bureau and are included solely for the convenience of the purchasers of the Bonds.
Neither the District nor the Underwriter shall be responsible for the selection or correctness of the CUSIP Numbers set forth herein.
(d) Initial yield represents the initial offering yield to the public, which has been established by the Underwriter (as herein defined) for offers to the public and
which subsequently may be changed.
The Bonds are offered by the Underwriter subject to prior sale, when, as and if issued by the District and accepted by the Underwriter, subject,
among other things, to the approval of the Bonds by the Attorney General of Texas and the approval of certain legal matters by Allen Boone
Humphries Robinson LLP, Houston, Texas, Bond Counsel. See “LEGAL MATTERS.” Delivery of the Bonds in book-entry form through the
facilities of DTC is expected on or about March 10, 2021.
Bids Due: Monday, February 8, 2021 at 10:15 A.M., Houston Time in Houston, Texas
Bid Award: Monday, February 8, 2021 at 11:45 A.M., Houston Time in Houston, Texas
All of the summaries of the statutes, resolutions, orders, contracts, audited financial statements, engineering and
other related reports set forth in this OFFICIAL STATEMENT are made subject to all of the provisions of such documents.
These summaries do not purport to be complete statements of such provisions, and reference is made to such documents,
copies of which are available from Allen Boone Humphries Robinson LLP, Bond Counsel, 3200 Southwest Freeway, Suite
2600, Houston, Texas, 77027, upon payment of the costs of duplication thereof.
References to web site addresses presented herein are for informational purposes only and may be in the form of a
hyperlink solely for the reader’s convenience. Unless specified otherwise, such web sites and the information or links
contained therein are not incorporated into, and are not part of, this Official Statement for purposes of, and as that term is
defined in, SEC Rule 15c2-12, as amended.
This OFFICIAL STATEMENT contains, in part, estimates, assumptions and matters of opinion which are not
intended as statements of fact, and no representation is made as to the correctness of such estimates, assumptions or matters
of opinion, or as to the likelihood 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 District or other
matters described herein since the date hereof. However, the District has agreed to keep this OFFICIAL STATEMENT
current by amendment or sticker to reflect material changes in the affairs of the District and, to the extent that information
actually comes to its attention, the other matters described in this OFFICIAL STATEMENT until delivery of the Bonds to
the Underwriter (as herein defined) and thereafter only as specified in “PREPARATION OF OFFICIAL STATEMENT—
Updating the Official Statement.”
The prices and other terms with respect to the offering and sale of the Bonds may be changed from time-to-time by
the Underwriter after the Bonds are released for sale, and the Bonds may be offered and sold at prices other than the initial
offering prices, including sales to dealers who may sell the Bonds into investment accounts. In connection with the offering
of the Bonds, the Underwriter may over allot or effect transactions which stabilize or maintain the market prices of the Bonds
at levels above those which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued
at any time.
The District has no control over trading of the Bonds in the secondary market. Moreover, there is no guarantee that
a secondary market will be made in the Bonds. In such a secondary market, the difference between the bid and asked price
of utility district bonds may be greater than the difference between the bid and asked price of bonds of comparable maturity
and quality issued by more traditional municipal entities, as bonds of such entities are more generally bought, sold or traded
in the secondary market.
Securities Laws
No registration statement relating to the offer and sale of the Bonds has been filed with the Securities and Exchange
Commission under the Securities Act of 1933, as amended, in reliance upon the exemptions provided thereunder. The Bonds
have not been registered or qualified under the Securities Act of Texas in reliance upon various exemptions contained therein
and the Bonds have not been registered or qualified under the securities laws of any other jurisdiction. The District assumes
no responsibility for registration or qualification of the Bonds under the securities laws of any other jurisdiction in which the
Bonds may be offered, sold or otherwise transferred. This disclaimer of responsibility for registration or qualification for
sale or other disposition of the Bonds shall not be construed as an interpretation of any kind with regard to the availability of
any exemption from securities registration or qualification provisions in such other jurisdiction.
While the potential impact of COVID-19 on the District cannot be quantified at this time,
the continued outbreak of the Pandemic could have an adverse effect on the District’s
operations and financial condition. The financial and operating data contained herein are
the latest available, but are as of dates and for periods partially prior to the economic impact
of the Pandemic and measures instituted to slow it. Accordingly, they are not indicative of
the economic impact of the Pandemic on the District’s financial condition. See “RISK
FACTORS—Infectious Disease Outlook (COVID-19).”
EXTREME WEATHER EVENTS; HURRICANE HARVEY
General... The greater Houston area, including Fort Bend County and the City of Sugar Land, is
subject to occasional severe weather events, including tropical storms and hurricanes. If
substantial damage were to occur to taxable property within the District as a result of such
a weather event, the investment security of the Bonds could be adversely affected. The
greater Houston area has experienced multiple storms exceeding a 0.2% probability (i.e.
“500‐year flood” events) since 2015, including Hurricane Harvey, which made landfall
along the Texas Gulf Coast on August 25, 2017, and brought historic levels of rainfall
during the successive four days.
Impact on the District... The City of Sugar Land, Texas (the “City”) operates the water and sewer system in the
District. According to reports from the City, the City’s water and wastewater system
serving the District sustained no material damage and there was no interruption of water
and sewer service from the City as a result of Hurricane Harvey. The District is aware of
structural flooding to the Dairy Queen and the NTB Store along Highway 90A adjacent to
Bullhead Slough (both of which are currently operational), but it is not aware of any other
structural flooding as a result of Hurricane Harvey.
If a future weather event significantly damaged all or part of the improvements within the
District, the assessed value of property within the District could be substantially reduced,
which could result in a decrease in tax revenues and/or necessitate an increase in the
District’s tax rate. Further, there can be no assurance that a casualty loss to taxable property
within the District will be covered by insurance (or that property owners will even carry
flood or other casualty insurance), that any insurance company will fulfill its obligation to
provide insurance proceeds, or that insurance proceeds will be used to rebuild or repair any
damaged improvements within the District. Even if insurance proceeds are available and
improvements are rebuilt, there could be a lengthy period in which assessed values within
the District could be adversely affected. See “RISK FACTORS—Extreme Weather
Events; Hurricane Harvey.”
5
THE BONDS
Description... $2,330,000 Unlimited Tax Bonds, Series 2021 (the “Bonds”) are being issued pursuant to
a resolution authorizing the issuance of the Bonds (the “Bond Resolution”) adopted by the
District’s Board of Directors (the “Board”) as fully registered bonds. The Bonds are
scheduled to mature as serial bonds on September 1 in each of the years 2022 through 2037,
both inclusive. The Bonds will be issued in denominations of $5,000 or integral multiples
of $5,000. Interest on the Bonds accrues from March 1, 2021, and is payable September 1,
2021, and each March 1 and September 1 thereafter, until the earlier of maturity or
redemption. See “THE BONDS.”
Book-Entry-Only System… The Depository Trust Company (defined as “DTC”), New York, New York, will act as
securities depository for the Bonds. The Bonds will be issued as fully-registered securities
registered in the name of Cede & Co. (DTC’s partnership nominee) 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 Bonds and will be deposited with DTC. See “BOOK-
ENTRY-ONLY SYSTEM.”
Redemption... Bonds maturing on or after September 1, 2027 are subject to redemption in whole, or from
time to time in part, at the option of the District prior to their maturity dates on September
1, 2026, or on any date thereafter at a price of par value plus unpaid accrued interest from
the most recent interest payment date to the date fixed for redemption. See “THE
BONDS—Redemption Provisions.”
Use of Proceeds... Proceeds of the Bonds will be used to pay for the construction costs and connection charges
shown herein under “USE AND DISTRIBUTION OF BOND PROCEEDS.” In addition,
Bond proceeds will be used to pay interest on funds advanced by a form developer of land
within the District on behalf of the District, and pay administrative costs and certain other
costs and engineering fees related to the issuance of the Bonds.
Authority for Issuance... The Bonds are the second series of bonds issued out of an aggregate of $20,000,000
principal amount of unlimited tax bonds authorized by the District’s voters for the purpose
of purchasing and constructing water, sewer and drainage facilities. The Bonds are issued
by the District pursuant to an order of the Texas Commission on Environmental Quality
(the “TCEQ”), the terms and conditions of the Bond Resolution, Article XVI, Section 59
of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code, as amended and
the general laws of the State of Texas relating to the issuance of bonds by political
subdivisions of the State of Texas. See “THE BONDS—Authority for Issuance” and “—
Issuance of Additional Debt” and “RISK FACTORS—Future Debt.”
Source of Payment... Principal of and interest on the Bonds are payable from the proceeds of a continuing direct
annual ad valorem tax levied, without legal limitation as to rate or amount, against all
taxable property within the District. The Bonds are obligations of the District and are not
obligations of the City, Fort Bend County, the State of Texas or any entity other than the
District. See “THE BONDS—Source of and Security for Payment.”
Municipal Bond Rating... The District has not applied for an underlying rating nor is it expected that the District
would have received an investment grade rating had such application been made.
Qualified Tax-Exempt
Obligations... The Bonds will be designated as “qualified tax-exempt obligations” within the meaning of
Section 265(b) of the Internal Revenue Code of 1986, as amended. See “TAX
MATTERS—Qualified Tax-Exempt Obligations.”
RISK FACTORS
The purchase and ownership of the Bonds are subject to special risk factors and all prospective purchasers are urged to
examine carefully this entire OFFICIAL STATEMENT with respect to the investment security of the Bonds, including
particularly the section captioned “RISK FACTORS.”
(a) As certified by the Fort Bend Central Appraisal District (the “Appraisal District”). See “TAXING PROCEDURES.”
(b) Provided by the Appraisal District for informational purposes only. Such amounts reflect an estimate of the taxable assessed value
within the District on January 1, 2021. No tax will be levied on such amount until it is certified. Increases in value occurring between
January 1, 2020 and January 1, 2021, will be certified as of January 1, 2022. See “TAXING PROCEDURES.”
(c) Includes the Bonds and the Outstanding Bonds. See “FINANCIAL INFORMATION CONCERNING THE DISTRICT
(UNAUDITED)—Outstanding Debt.”
(d) See “FINANCIAL INFORMATION CONCERNING THE DISTRICT (UNAUDITED)—Estimated Overlapping Debt.”
(e) Although all of the District’s debt, including the Outstanding Bonds and the Bonds, is payable from an unlimited tax pledge on parity,
a pro rata portion of the District’s ad valorem tax revenue will be allocated to the Water, Sewer and Drainage Bonds and a pro rata
portion will be allocated to Road Debt. See “See “FINANCIAL INFORMATION CONCERNING THE DISTRICT (UNAUDITED)—
Outstanding Bonds.” The Water, Sewer and Drainage Debt Service Fund is not pledged to the Road Bonds and the Road Debt Service
Fund is not pledged to the Water, Sewer and Drainage Bonds (including the Bonds).
(f) The District levied a $0.235 per $100 assessed valuation maintenance and operations tax rate for 2020 which will result in revenue of
approximately $280,598. The 2020 taxes are due by January 31, 2021. The balance shown above does not reflect the receipt of 2020
tax collections due to report timing. See “RISK FACTORS—Operating Funds,” “TAX DATA—Historical Tax Rate Distribution,”
and “—Historical Tax Rate Collections.”
(g) For tax year 2020, the total debt service rate of $0.185 per $100 of assessed valuation is comprised of $0.150 for payment of Water,
Sewer and Drainage Bond debt service and $0.035 for payment of Road Bond debt service. See “TAX DATA.”
(h) See “FINANCIAL INFORMATION CONCERNING THE DISTRICT (UNAUDITED)—Debt Service Requirements.”
(i) The District receives a tax rebate from the City equivalent to fifty percent (50%) of the City taxes collected upon taxable value in the
District. While the District anticipates using the City tax rebate to pay debt service on its bonded debt, such revenue is not pledged to
the payment of the Bonds or the Outstanding Bonds and, therefore, is not included in the calculation of the tax rate requirements. The
calculations above are performed without taking into account receipt of the City rebate and represent the tax rates required to pay
principal of and interest on the Bonds and the Outstanding Bonds, when due, assuming no further increase or any decrease in taxable
assessed values in the District, collection of ninety-five percent (95%) of taxes levied, the sale of no additional bonds, and no other
funds available for the payment of debt service. See “UTILITY AGREEMENT BETWEEN THE DISTRICT AND THE CITY OF
SUGAR LAND”
This OFFICIAL STATEMENT includes descriptions, among others, of the Bonds and the Bond Resolution, and
certain other information about the District, and development activity within the District. All descriptions of documents
contained herein are only summaries and are qualified in their entirety by reference to each document. Copies of documents
may be obtained from Allen Boone Humphries Robinson LLP, Bond Counsel, 3200 Southwest Freeway, Suite 2600,
Houston, Texas 77027.
RISK FACTORS
General
The Bonds are obligations solely of the District and are not obligations of the City, Fort Bend County, the State of
Texas, or any entity other than the District. Payment of the principal of and interest on the Bonds depends upon the ability of
the District to collect taxes levied on taxable property within the District in an amount sufficient to service the District’s
bonded debt or in the event of foreclosure, on the value of the taxable property in the District and the taxes levied by the
District and other taxing authorities upon the property within the District. See “THE BONDS—Source of and Security for
Payment.” The collection by the District of delinquent taxes owed to it and the enforcement by Registered Owners of the
District’s obligation to collect sufficient taxes may be a costly and lengthy process. Furthermore, the District cannot and does
not make any representations that continued development of taxable property within the District will accumulate or maintain
taxable values sufficient to justify continued payment of taxes by property owners or that there will be a market for the
property or that owners of the property will have the ability to pay taxes. See “Registered Owners’ Remedies and Bankruptcy
Limitations” below.
Infectious Disease Outlook (COVID-19)
The World Health Organization has declared a pandemic following the outbreak of COVID-19, a respiratory disease
caused by a new strain of coronavirus (the “Pandemic”), which is currently affecting many parts of the world, including the
United States and Texas. On January 31, 2020, the Secretary of the United States Health and Human Services Department
declared a public health emergency for the United States in connection with COVID-19. On March 13, 2020, the President
of the United States (the “President”) declared the Pandemic a national emergency and the Texas Governor (the “Governor”)
declared COVID-19 an imminent threat of disaster for all counties in Texas (collectively, the “disaster declarations”). On
March 25, 2020, in response to a request from the Governor, the President issued a Major Disaster Declaration for the State
of Texas.
Pursuant to Chapter 418 of the Texas Government Code, the Governor has broad authority to respond to disasters,
including suspending any regulatory statute prescribing the procedures for conducting 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 issued a number of executive orders relating to
COVID-19 preparedness and mitigation. Many of the federal, state and local actions and policies under the aforementioned
disaster declarations are focused on limiting instances where the public can congregate or interact with each other, which
affects economic growth within Texas.
Since the disaster declarations were made, the Pandemic has negatively affected travel, commerce, and financial
markets locally and globally, and is widely expected to continue negatively affecting economic growth and financial markets
worldwide and within Texas. Stock values and crude oil prices, in the U.S. and globally, have seen significant declines
attributed to COVID-19 concerns. Texas may be particularly at risk from any global slowdown, given the prevalence of
international trade in the state and the risk of contraction in the oil and gas industry and spillover effects into other industries.
10
While the potential impact of COVID-19 on the District cannot be quantified at this time, the continued outbreak of
the Pandemic could have an adverse effect on the District’s operations and financial condition. The financial and operating
data contained herein are the latest available, but are as of dates and for periods partially prior to the economic impact of the
Pandemic and measures instituted to slow it. Accordingly, they are not indicative of the economic impact of the Pandemic
on the District’s financial condition.
Extreme Weather Events; Hurricane Harvey
The greater Houston area, including Fort Bend County and the City, is subject to occasional severe weather events,
including tropical storms and hurricanes. If substantial damage were to occur to taxable property within the District as a
result of such a weather event, the investment security of the Bonds could be adversely affected. The greater Houston area
has experienced multiple storms exceeding a 0.2% probability (i.e. “500‐year flood” events) since 2015, including Hurricane
Harvey, which made landfall along the Texas Gulf Coast on August 25, 2017, and brought historic levels of rainfall during
the successive four days.
The City operates the water and sewer system in the District. According to reports from the City, the City’s water
and wastewater system serving the District sustained no material damage and there was no interruption of water and sewer
service from the City as a result of Hurricane Harvey. The District is aware of structural flooding to the Dairy Queen and the
NTB Store along Highway 90A adjacent to Bullhead Slough, but it is not aware of any other structural flooding as a result of
Hurricane Harvey, and both of these businesses are currently operational.
If a future weather event significantly damaged all or part of the improvements within the District, the assessed value
of property within the District could be substantially reduced, which could result in a decrease in tax revenues and/or
necessitate an increase in the District’s tax rate. Further, there can be no assurance that a casualty loss to taxable property
within the District will be covered by insurance (or that property owners will even carry flood or other casualty insurance),
that any insurance company will fulfill its obligation to provide insurance proceeds, or that insurance proceeds will be used
to rebuild or repair any damaged improvements within the District. Even if insurance proceeds are available and
improvements are rebuilt, there could be a lengthy period in which assessed values within the District could be adversely
affected.
11
All of the land within the District is located within LID 17 and is subject to taxation by LID 17. LID 17’s 2020
Taxable Assessed Valuation from the Appraisal District is $1,961,230,487. The 2020 tax rate of LID 17 is $0.56 per $100
of appraised valuation ($0.28 for debt service and $0.28 for maintenance and operations). LID 17 currently has $64,655,000
principal amount of bonds outstanding and is authorized to issue a maximum of $125,000,000 in principal amount of
unlimited tax bonds without additional voter approval. LID 17 may issue additional levee improvement bonds in the future.
The District cannot represent whether any of the development planned or occurring in LID 17 will be successful or whether
the appraised valuation of the land located within LID 17 will justify continued payment of the LID 17 tax, as well as District
taxes, by property owners. Increases in LID 17's tax rate could have an adverse impact upon future development and upon
12
13
Notwithstanding noncompliance by a district with Texas law requirements, the District could file a voluntary
bankruptcy petition under Chapter 9, thereby invoking the protection of the automatic stay until the bankruptcy court, after a
hearing, dismisses the petition. A federal bankruptcy court is a court of equity and federal bankruptcy judges have
considerable discretion in the conduct of bankruptcy proceedings and in making the decision of whether to grant the
petitioning District relief from its creditors. While such a decision might be appealable, the concomitant delay and loss of
remedies to the Registered Owner could potentially and adversely impair the value of the Registered Owner’s claim.
If a petitioning district were allowed to proceed voluntarily under Chapter 9 of the Federal Bankruptcy Code, it
could file a plan for an adjustment of its debts. If such a plan were confirmed by the bankruptcy court, it could, among other
things, affect Registered Owners by reducing or eliminating the amount of indebtedness, deferring or rearranging the debt
service schedule, reducing or eliminating the interest rate, modifying or abrogating the collateral or security arrangements,
substituting (in whole or in part) other securities, and otherwise compromising and modifying the rights and remedies of the
Registered Owners’ claims against a district.
A district may not be forced into bankruptcy involuntarily.
Future Debt
The District has the right to issue obligations other than the Bonds, including tax anticipation notes and bond
anticipation notes, and to borrow for any valid corporate purpose. The District’s voters have authorized the issuance of
$20,000,000 principal amount of unlimited tax bonds for the purpose of constructing and or acquiring a waterworks, sanitary
sewer and storm sewer system, $13,000,000 principal amount of unlimited tax bonds for refunding purposes, $5,285,000
principal amount of unlimited tax bonds for road purposes and refunding of such bonds, and $2,900,000 principal amount of
unlimited tax bonds for park and recreational facilities and could authorize additional amounts; however, because public
parks are finance and maintained by LID 17, the District has no intention to issue park bonds After issuance of the Bonds,
the District will have $15,295,000 of unlimited tax bonds for a waterworks, sanitary sewer and storm sewer system and all
of the bonds authorized for park and recreational purposes authorized but unissued. The District has $2,760,000 principal
amount of unlimited tax bonds for road purposes authorized but unissued; however, the District will not issue the remaining
unlimited road bond authorization based on an agreement with the City. The District currently has $12,875,000 principal
amount of unlimited tax bonds for refunding purposes authorized but unissued. In addition, voters may authorize the issuance
of additional bonds secured by ad valorem taxes. The issuance of additional obligations may increase the District’s tax rate
and adversely affect the security for, and the investment quality and value of, the Bonds.
The District does not employ any formula with respect to appraised valuations, tax collections or otherwise to limit
the amount of parity bonds which it may issue. The issuance of additional utility bonds is subject to approval by the TCEQ
pursuant to its rules regarding issuance and feasibility of bonds. In addition, future changes in health or environmental
regulations could require the construction and financing of additional improvements without any corresponding increases in
taxable value in the District. See “THE BONDS—Issuance of Additional Debt.”
Environmental Regulation
Wastewater treatment, water supply, storm sewer facilities and construction activities within the District are subject
to complex environmental laws and regulations at the federal, state and local levels that may require or prohibit certain
activities that affect the environment, such as:
Requiring permits for construction and operation of water wells, wastewater treatment and other facilities;
Restricting the manner in which wastes are treated and released into the air, water and soils;
Restricting or regulating the use of wetlands or other properties; or
Requiring remedial action to prevent or mitigate pollution.
14
Air Quality Issues. Air quality control measures required by the United States Environmental Protection Agency
(the “EPA”) and the Texas Commission on Environmental Quality (the “TCEQ”) may impact new industrial, commercial
and residential development in the Houston area. Under the Clean Air Act (“CAA”) Amendments of 1990, the eight-county
Houston-Galveston-Brazoria area (“HGB Area”)—Harris, Galveston, Brazoria, Chambers, Fort Bend, Waller, Montgomery
and Liberty Counties—has been designated a nonattainment area under three separate federal ozone standards: the one-hour
(124 parts per billion (“ppb”)) and eight-hour (84 ppb) standards promulgated by the EPA in 1997 (the “1997 Ozone
Standards”); the tighter, eight-hour ozone standard of 75 ppb promulgated by the EPA in 2008 (the “2008 Ozone Standard”),
and the EPA’s most-recent promulgation of an even lower, 70 ppb eight-hour ozone standard in 2015 (the “2015 Ozone
Standard”). While the State of Texas has been able to demonstrate steady progress and improvements in air quality in the
HGB Area, the HGB Area remains subject to CAA nonattainment requirements.
While the EPA has revoked the 1997 Ozone Standards, the EPA historically has not formally redesignated
nonattainment areas for a revoked standard. As a result, the HGB Area remained subject to continuing severe nonattainment
area “anti-backsliding” requirements, despite the fact that HGB Area air quality has been attaining the 1997 Ozone Standards
since 2014. In late 2015, the EPA approved the TCEQ’s “redesignation substitute” for the HGB Area under the revoked
1997 Ozone Standards, leaving the HGB Area subject only to the nonattainment area requirements under the 2008 Ozone
Standard (and later, the 2015 Ozone Standard).
In February 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion in South Coast
Air Quality Management District v. EPA, 882 F.3d 1138 (D.C. Cir. 2018) vacating the EPA redesignation substitute rule that
provided the basis for the EPA’s decision to eliminate the anti-backsliding requirements that had applied in the HGB Area
under the 1997 Ozone Standard. The court has not responded to the EPA’s April 2018 request for rehearing of the case. To
address the uncertainty created by the South Coast court’s ruling, the TCEQ developed a formal request that the HGB Area
be redesignated to attainment under the 1997 Ozone Standards. The TCEQ Commissioners adopted the request and
maintenance plan for the 1997 one-hour and eight-hour standards on December 12, 2018. On May 16, 2019, the EPA
proposed a determination that the HGB Area has met the redesignation criteria and continues to attain the 1997 one-hour and
eight-hour standards, the termination of the anti-backsliding obligations, and approval of the proposed maintenance plan.
The HGB Area is currently designated as a “serious” nonattainment area under the 2008 Ozone Standard, with an
attainment deadline of July 20, 2021. If the EPA ultimately determines that the HGB Area has failed to meet the attainment
deadline based on the relevant data, the area is subject to reclassification to a nonattainment classification that provides for
more stringent controls on emissions from the industrial sector. In addition, the EPA may impose a moratorium on the
awarding of federal highway construction grants and other federal grants for certain public works construction projects if it
finds that an area fails to demonstrate progress in reducing ozone levels.
The HGB Area is currently designated as a “marginal” nonattainment area under the 2015 Ozone Standard, with an
attainment deadline of August 3, 2021. For purposes of the 2015 Ozone Standard, the HGB Area consists of only six counties:
Brazoria, Chambers, Fort Bend, Galveston, Harris, and Montgomery Counties.
In order to demonstrate progress toward attainment of the EPA’s ozone standards, the TCEQ has established a state
implementation plan (“SIP”) for the HGB Area setting emission control requirements, some of which regulate the inspection
and use of automobiles. These types of measures could impact how people travel, what distances people are willing to travel,
where people choose to live and work, and what jobs are available in the HGB Area. These SIP requirements can negatively
impact business due to the additional permitting/regulatory constraints that accompany this designation and because of the
community stigma associated with a nonattainment designation. It is possible that additional controls will be necessary to
allow the HGB Area to reach attainment with the ozone standards by the EPA’s attainment deadlines. These additional
controls could have a negative impact on the HGB Area’s economic growth and development.
Marketability of the Bonds
The District has no understanding with the Underwriter regarding the reoffering yields or prices of the Bonds and
has no control over trading of the Bonds in the secondary market. Moreover, there is no assurance that a secondary market
will be made in the Bonds. If there is a secondary market, the difference between the bid and asked price of the Bonds may
be greater than the difference between the bid and asked price of bonds of comparable maturity and quality issued by more
traditional issuers as such bonds are more generally bought, sold or traded in the secondary market.
15
THE BONDS
Description
The Bonds will be dated and accrue interest from March 1, 2021, with interest payable each September 1 and March
1, beginning September 1, 2021 (the “Interest Payment Date”), and will mature on the dates and in the principal amounts and
accrue interest at the rates shown on the cover page hereof. The Bonds are issued in fully registered form, in denominations
of $5,000 or any integral multiple of $5,000. Interest calculations are based on a 360-day year comprised of twelve 30-day
months.
Method of Payment of Principal and Interest
In the Bond Resolution, the Board has appointed The Bank of New York Mellon Trust Company, N.A., Dallas,
Texas as the initial Paying Agent/Registrar for the Bonds. The principal of the Bonds shall be payable, without exchange or
collection charges, in any coin or currency of the United States of America, which, on the date of payment, is legal tender for
the payment of debts due the United States of America. In the event the book-entry system is discontinued, principal of the
Bonds shall be payable upon presentation and surrender of the Bonds as they respectively become due and payable, at the
principal payment office of the Paying Agent/Registrar in Dallas, Texas and interest on each Bond shall be payable by check
payable on each Interest Payment Date, mailed by the Paying Agent/Registrar on or before each Interest Payment Date to the
Registered Owner of record as of the close of business on the February 15 or August 15 immediately preceding each Interest
Payment Date (defined herein as the “Record Date”), to the address of such Registered Owner as shown on the Paying
Agent/Registrar’s records (the “Register”) or by such other customary banking arrangements as may be agreed upon by the
Paying Agent/Registrar and the Registered Owners at the risk and expense of the Registered Owners.
If the date for payment of the principal of or interest on any Bond is not a business day, then the date for such
payment shall be the next succeeding business day, as defined in the Bond Resolution.
Source of and Security for Payment
While the Bonds or any part of the principal thereof or interest thereon remains outstanding and unpaid, the District
covenants to levy and annually assess and collect in due time, form and manner, and at the same time as other District taxes
are appraised, levied and collected, in each year, a continuing direct annual ad valorem tax, without limit as to rate, upon all
taxable property in the District sufficient to pay the interest on the Bonds as the same becomes due and to pay each installment
of the principal of the Bonds as the same matures, with full allowance being made for delinquencies and costs of collection.
In the Bond Resolution, the District covenants that said taxes are irrevocably pledged to the payment of the interest on and
principal of the Bonds and to no other purpose.
The Bonds are obligations of the District and are not the obligations of the State of Texas, Fort Bend County, the
City of Sugar Land (the “City”), or any entity other than the District.
Funds
In the Bond Resolution, the Water, Sewer and Drainage Debt Service Fund is confirmed, and the proceeds from all
taxes levied, assessed and collected for and on account of the Bonds authorized by the Bond Resolution shall be deposited,
as collected, in such fund. The District also maintains a Road Debt Service Fund that is not pledged to Water, Sewer and
Drainage Bonds, including the Bonds. Funds in the Water, Sewer and Drainage Debt Service Fund are not available to pay
principal and interest on the Outstanding Road Bonds and funds in the Road Debt Service Fund are not available to pay
principal and interest on Water, Sewer and Drainage Bonds, including the Bonds.
16
No Arbitrage
The District will certify as of the date the Bonds are delivered and paid for that, based upon all facts and estimates
then known or reasonably expected to be in existence on the date the Bonds are delivered and paid for, the District reasonably
expects that the proceeds of the Bonds will not be used in a manner that would cause the Bonds, or any portion of the Bonds,
to be “arbitrage bonds” under the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations prescribed
thereunder. Furthermore, all officers, employees, and agents of the District have been authorized and directed to provide
certifications of facts and estimates that are material to the reasonable expectations of the District as of the date the Bonds
are delivered and paid for. In particular, all or any officers of the District are authorized to certify to the facts and
circumstances and reasonable expectations of the District on the date the Bonds are delivered and paid for regarding the
amount and use of the proceeds of the Bonds. Moreover, the District covenants in the Bond Resolution that it shall make such
use of the proceeds of the Bonds, regulate investment of proceeds of the Bonds, and take such other and further actions and
follow such procedures, including, without limitation, calculating the yield on the Bonds, as may be that the Bonds shall not
become “arbitrage bonds” under the Code and the regulations prescribed from time to time thereunder.
Redemption Provisions
The District reserves the right, at its option, to redeem the Bonds maturing on or after September 1, 2027, prior to
their scheduled maturities, in whole or from time to time in part, in integral multiples of $5,000 on September 1, 2026, or any
date thereafter, at a price of par value plus unpaid accrued interest on the principal amounts called for redemption from the
most recent Interest Payment Date to the date fixed for redemption.
If less than all of the Bonds are redeemed at any time, the maturities of the Bonds to be redeemed will be selected
by the District. If less than all of the Bonds of a certain maturity are to be redeemed, the particular Bonds to be redeemed
shall be selected by the Paying Agent/Registrar by lot or other random method (or by DTC in accordance with its procedures
while the Bonds are in book-entry-only form).
If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed,
but only in integral multiples of $5,000. Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar
shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal
amount equal to the unredeemed portion of the Bond so surrendered.
Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Paying
Agent/Registrar at least thirty (30) days prior to the date fixed for redemption by sending written notice by first class mail to
the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices
shall state the redemption date, the redemption price, the place at which the Bonds are to be surrendered for payment and, if
less than all the Bonds outstanding are to be redeemed, the numbers of the Bonds or the portions thereof to be redeemed.
Any notice given shall be conclusively presumed to have been duly given, whether or not the Registered Owner receives such
notice. By the date fixed for redemption, due provision shall be made with the Paying Agent/Registrar for payment of the
redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption.
When Bonds have been called for redemption in whole or in part and due provision has been made to redeem the same as
herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose
of receiving payment solely from the funds so provided for redemption, and the rights of the Registered Owners to collect
interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall
terminate on the date fixed for redemption.
Authority for Issuance
At a bond election held within the District, voters of the District authorized the issuance of $20,000,000 principal
amount of unlimited tax bonds for the purpose of purchasing and constructing water, sewer and drainage facilities. The Bonds
are issued pursuant to such authorization. See “Issuance of Additional Debt” herein.
The Bonds are issued by the District pursuant to an order of the TCEQ, the terms and conditions of the Bond
Resolution, Article XVI, Section 59 of the Texas Constitution, Chapter 8207, as amended, Chapters 49 and 54 of the Texas
Water Code, as amended, and the general laws of the State of Texas relating to the issuance of bonds by political subdivisions
of the State of Texas.
Before the Bonds can be issued, the Attorney General of Texas must pass upon the legality of certain related matters.
The Attorney General of Texas does not guarantee or pass upon the suitability of the Bonds as an investment or upon the
adequacy of the information contained in this OFFICIAL STATEMENT.
17
In the event the Book-Entry-Only System should be discontinued, each Bond shall be transferable only upon the
presentation and surrender of such Bond at the principal payment office of the Paying Agent/Registrar, duly endorsed for
transfer, or accompanied by an assignment duly executed by the Registered Owner or his authorized representative in form
satisfactory to the Paying Agent/Registrar. Upon due presentation of any Bond in proper form for transfer, the Paying
Agent/Registrar has been directed by the District to authenticate and deliver in exchange therefor, within three (3) business
days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized
denominations and of the same maturity and aggregate principal amount and paying interest at the same rate as the Bond or
Bonds so presented.
All Bonds shall be exchangeable upon presentation and surrender thereof at the principal payment office of the
Paying Agent/Registrar for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination in an
aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Paying
Agent/Registrar is authorized to authenticate and deliver exchange Bonds. Each Bond delivered shall be entitled to the
benefits and security of the Bond Resolution to the same extent as the Bond or Bonds in lieu of which such Bond is delivered.
Neither the District nor the Paying Agent/Registrar shall be required to transfer or to exchange any Bond during the
period beginning on a Record Date and ending the next succeeding Interest Payment Date or to transfer or exchange any
Bond called for redemption during the thirty (30) day period prior to the date fixed for redemption of such Bond.
The District or the Paying Agent/Registrar may require the Registered Owner of any Bond to pay a sum sufficient
to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond.
Any fee or charge of the Paying Agent/Registrar for such transfer or exchange shall be paid by the District.
18
The District also is authorized by statute to engage in fire-fighting activities, including the issuing of bonds payable
from taxes for such purpose. Before the District could issue such bonds, the following actions would be required: (a) approval
of a detailed fire plan by the TCEQ; (b) authorization of the detailed fire plan and bonds for such purposes by the qualified
voters in the District; (c) approval of bonds by the TCEQ; and (d) approval of the bonds by the Attorney General of Texas.
The Board has not considered a fire plan or calling an election at this time for such purposes. Because the District is located
in the City, such service is provided by the City. Prior to the issuance of any debt for such projects, the District must first
obtain the consent of the City to issue such bonds.
The issuance of additional bonds could dilute the investment security for the Bonds.
Dissolution of the District
Under Texas law, the District may be dissolved by the City without the District’s consent. If the District is dissolved,
the City will assume the District’s assets and obligations (including the Bonds) and dissolve the District within ninety (90)
days thereafter. Prior to dissolution by the City, the District shall have the opportunity to discharge any obligations of the
District by selling its bonds or by causing the City to sell bonds of the City in an amount necessary to discharge such
obligations. Dissolution of the District by the City is a policymaking matter within the discretion of the Mayor and the City
Council of the City, and therefore, the District makes no representation that dissolution will or will not occur. Moreover, no
representation is made concerning the ability of the City to make debt service payments should dissolution occur. See “THE
BONDS—Remedies in Event of Default.”
Consolidation
The District has the legal authority to consolidate with other districts and, in connection therewith, to provide for
the consolidation of its assets (such as cash and the utility system) and liabilities (such as the Bonds) with the assets and
liabilities of districts with which it is consolidating. Although no consolidation is presently contemplated by the District, no
representation is made concerning the likelihood of consolidation in the future.
Remedies in Event of Default
If the District defaults in the payment of principal, interest, or redemption price on the Bonds when due, or if it fails
to make payments into any fund or funds created in the Bond Resolution, or defaults in the observance or performance of any
other covenants, conditions, or obligations set forth in the Bond Resolution, the Registered Owners have the statutory right
of a writ of mandamus issued by a court of competent jurisdiction requiring the District and its officials to observe and
perform the covenants, obligations, or conditions prescribed in the Bond Resolution. Except for mandamus, the Bond
Resolution does not specifically provide for remedies to protect and enforce the interests of the Registered Owners. There is
no acceleration of maturity of the Bonds in the event of default and, consequently, the remedy of mandamus may have to be
relied upon from year to year. Further, there is no trust indenture or trustee, and all legal actions to enforce such remedies
would have to be undertaken at the initiative of, and be financed by, the Registered Owners. Statutory language authorizing
local governments such as the District to sue and be sued does not waive the local government’s sovereign immunity from
suits for money damages, so that in the absence of other waivers of such immunity by the Texas Legislature, a default by the
District in its covenants in the Bond Resolution may not be reduced to a judgment for money damages. If such a judgment
against the District were obtained, it could not be enforced by direct levy and execution against the District’s property.
Further, the Registered Owners cannot themselves foreclose on property within the District or sell property within the District
to enforce the tax lien on taxable property to pay the principal of and interest on the Bonds. The enforceability of the rights
and remedies of the Registered Owners may further be limited by a State of Texas statute reasonably required to attain an
important public purpose or by laws relating to bankruptcy, reorganization or other similar laws of general application
affecting the rights of creditors of political subdivisions, such as the District. See “RISK FACTORSRegistered Owners’
Remedies and Bankruptcy Limitations.”
19
Defeasance
The Bond Resolution provides that the District may discharge its obligations to the Registered Owners of any or all
of the Bonds to pay principal, interest and redemption price thereon in any manner permitted by law. Under current Texas
law, such discharge may be accomplished either (i) by depositing with the Comptroller of Public Accounts of the State of
Texas a sum of money equal to the principal of, premium, if any, and all interest to accrue on the Bonds to maturity or
redemption or (ii) by depositing with any place of payment (paying agent) of the Bonds or other obligations of the District
payable from revenues or from ad valorem taxes or both, amounts sufficient to provide for the payment and/or redemption of
the Bonds; provided that such deposits may be invested and reinvested only in (a) direct noncallable obligations of 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
District 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 (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 governing body of the District adopts or approves the proceedings authorizing the issuance of refunding bonds, are
rated as to the 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 Bonds.
Upon such deposit as described above, such Bonds shall no longer be regarded as outstanding or unpaid. After firm
banking and financial arrangements for the discharge and final payment or redemption of the Bonds have been made as
described above, all rights of the District to initiate proceedings to call the Bonds for redemption or take any other action
amending the terms of the Bonds are extinguished; provided, however, that the right to call the Bonds for redemption is not
extinguished if the District: (i) in the proceedings providing for the firm banking and financial arrangements, expressly
reserves the right to call the Bonds for redemption; (ii) gives notice of the reservation of that right to the owners of the Bonds
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.
There is no assurance that the current law will not be changed in the future in a manner which would permit
investments other than those described above to be made with amounts deposited to defease the Bonds.
20
The District cannot and does not give any assurances that DTC, DTC Direct Participants or Indirect Participants will
distribute to the Beneficial Owners (a) payments of interest, principal or premium, if any, with respect to the Bonds, (b)
Bonds representing ownership interest in or other confirmation or ownership interest in the Bonds, or (c) prepayment or other
notices sent to DTC or Cede & Co., its nominee, as the Registered Owner of the Bonds, or that they will do so on a timely
basis or that DTC, DTC Direct Participants or DTC Indirect Participants will act in the manner described in this OFFICIAL
STATEMENT. The current “Rules” applicable to DTC are on file with the Securities and Exchange Commission and the
current “Procedure” of DTC to be followed in dealing with DTC Direct Participants is on file with DTC.
The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the Bonds. The Bonds
will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other
name as may be requested by an authorized representative of DTC. One fully-registered Bond certificate will be issued for
each maturity of the Bonds, in the aggregate principal amount of such maturity, and will be deposited with DTC.
DTC, the world’s largest 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 3.6 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 for 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 rating of
“AA+” by S&P Global Ratings. The DTC Rules applicable to its Participants are on file with the Securities and Exchange
Commission. More information about DTC can be found at www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a
credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”)
is in turn to be recorded on the Direct and 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 interests in the Bonds 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 Bonds, except in the event that use
of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name
of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC.
The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect
any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records
reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the
Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on
behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect
Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements
among them, subject to any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s
practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
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CONSTRUCTION COSTS
Water, Wastewater, and Drainage Facilities to Serve:
Crossing at Telfair Phase 1, Bonaventure Way…………………… $ 72,732
Crossing at Telfair Section 4 Phase II……………………………… 844,152
Crossing at Telfair Office Park………………………………..…… 393,266
Engineering Fees………………………………..…………………… 201,268
City of Sugar Land Regional Connection Charges……………… 372,200
Total Construction Costs……………………………………………… $ 1,883,618
NON-CONSTRUCTION COSTS
Underwriter's Discount (estimated at 3.00%) (a)………………… $ 69,900
Developer Interest (estimated)………………………………..…… 185,865
Total Non-Construction Costs………………………………………… $ 255,765
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TELFAIR
The District is part of the 2,018 acre master-planned community of Telfair in Sugar Land, Texas, consisting of the
District and three other municipal utility districts and an overlapping levee improvement district. Approximately 2,839 single-
family residential lots have been constructed in Telfair. Although not in the District, recreational amenities within Telfair
include a lake system, a greenbelt system, over five miles of landscaped trails, eleven neighborhood parks each with open
space and playground and two recreational pools, a sand volleyball court and a playground. In addition, the Houston Museum
of Natural Science, Sugar Land branch, is located in a 43,000 square foot historic building in Telfair.
THE DISTRICT
General
The District is a municipal utility district created by an order of the TCEQ dated April 1, 2005, after a hearing on a
petition for creation submitted by NNP-Telfair, LLC, the developer of the land in the District. The rights, powers, privileges,
authority and functions of the District are established by the general laws of the State of Texas pertaining to utility districts,
particularly Article XVI, Section 59 and Article XVI, Section 59 of the Texas Constitution, and Chapters 49 and 54 of the
Texas Water Code, as amended.
The District is empowered, among other things, to purchase, construct, operate and maintain all works,
improvements, facilities and plants necessary for the supply and distribution of water; the collection, transportation, and
treatment of wastewater; and the control and diversion of storm water. The District may issue bonds and other forms of
indebtedness to purchase or construct such facilities. The District is also authorized to develop roads and parks and recreation
facilities, including the issuance of bonds payable from taxes for such purposes. Prior to the issuance of any debt, the District
must first obtain the consent of the City to issue any and all bonds. The District is also empowered to establish, operate, and
maintain fire-fighting facilities, independently or with one or more conservation and reclamation districts, after approval by
the voters of the District, although the City’s Fire Department provides such services.
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The District contains approximately 139 acres of land and is located approximately 20 miles southwest of the central
downtown business district of the City of Houston and lies wholly within the boundaries of the City of Sugar Land. The
District also lies within the boundaries of the Fort Bend Independent School District. The District is bordered by U.S.
Highway 90A on the north, State Highway 6 on the east and Bullhead Bayou on the south.
Land Use
The District currently includes approximately 101 developeable acres of commercial development and
approximately 38 undevelopable acres (drainage and pipeline easements, street rights-of-way, recreation and open spaces and
utility sites).
Status of Commercial Development
All of the developable land within the District (approximately 101 acres) has been provided with water and sanitary
sewer trunk facilities and drainage facilities for commercial development. A 150,000 square foot HEB grocery store, a free-
standing gas station operated by HEB and additional retail space have been constructed on approximately 15 acres. A Hilton
Garden Inn and adjacent retail shopping center have been constructed on approximately 27 of such acres. The Hilton Garden
Inn contains 202 guest rooms and approximately 6,000 square feet of conference meeting space. A Hampton Inn & Suites
has recently been constructed on approximately 2 acres within the District which contains 89 guest rooms. Bonaventure
Plaza is an 18,000 square foot retail shopping center constructed on approximately 2 acres and contains an eye care facility,
three restaurants and/or food related businesses, a nail salon, a dental office, a massage therapy office and State Farm
Insurance. An adjacent medical office building is located on approximately 1 acre and includes an eye care and lasik business,
a dental office and an acupuncture clinic. In addition, four free standing restaurants are located within the District, constructed
on approximately 8 acres. A Whataburger, Dairy Queen and Shipley’s Donuts have been constructed on approximately 3
acres. Two freestanding banks have been constructed on approximately 2 acres. University Plaza, a two-story office and
retail building, has been constructed on approximately 4 acres and is adjacent to an additional two-story office building
located on approximately 2 acres and the Telfair Office Park which has recently been constructed on approximately 8 acres
within the District. Additional development includes a Cornelius nursery on approximately 1 acre, two auto repair
establishments on approximately 2 acres, a car wash on approximately 1 acre, a Learning Center on approximately 2 acres
and a Goodwill Center located on approximately 3 acres. See “RISK FACTORS⸺Infectious Disease Outlook (COVID-
19).”
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THE ROADS
The road system serves residents of the District by providing access to major thoroughfares and collectors within
Telfair and the City. Upon completion of road projects, the City accepts the roadway for repair and maintenance.
THE SYSTEM
Regulation
Construction and operation of the District’s water, wastewater and storm drainage system as it now exists or as it
may be expanded from time to time is subject to regulatory jurisdiction of federal, state and local authorities. The TCEQ
exercises continuing, supervisory authority over the District. Discharge of treated sewage into Texas waters, if any, is also
subject to the regulatory authority of the TCEQ and the United States Environmental Protection Agency. Construction of
drainage facilities is subject to the regulatory authority of the Fort Bend County Drainage District, and Fort Bend County, the
City, and the Texas Department of Health also exercise regulatory jurisdiction over the District’s system.
Water Supply and Wastewater Treatment
Customers of the District receive water and wastewater treatment service from the City pursuant to a Utility
Agreement between the District and the City. As a condition of such service, the Utility Agreement obligates the District to
acquire, construct, and extend water, sanitary sewer and drainage facilities (the “System”) to serve land in the District and,
when completed in accordance with approved plans and specifications, to convey title to the System to the City. The City then
operates and maintains the System, and is responsible for establishing water and sewer rates and billing and collecting for
such services. The Utility Agreement provides that the District retains a security interest in the System to secure the City’s
performance under the Utility Agreement until the District’s bonds have been fully paid, at which time the District will
execute a release of such security interest, and the City will own the System unencumbered.
The Utility Agreement further requires the District to pay the City the City Connection Charge to purchase water
supply and wastewater treatment capacity in the City’s existing system. The City Connection Charge is set by the City and
may be amended without the District’s consent at any time. A portion of proceeds from the Bonds will be used to fund City
Connection Charges.
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Outstanding Overlapping
Taxing Jurisdiction Bonds As of Percent Amount
Fort Bend County……………………………………… $ 664,849,310 12/31/2020 0.15% $ 997,274
Fort Bend LID No. 17 (a)……………………………… 64,655,000 12/31/2020 6.08% 3,931,024
Fort Bend Independent School District……………… 1,297,633,767 12/31/2020 0.26% 3,373,848
City of Sugar Land……………………………………… 313,915,996 12/31/2020 0.71% 2,228,804
Total Estimated Overlapping Debt………………………………………………………………….……………… $ 10,530,949
The District's Total Direct Debt (b)………………………………………………………………….……………… 6,180,000
Total Direct and Estimated Overlapping Debt………………………………………………………………….……$ 16,710,949
Direct Debt and Estimated Overlapping Debt as a Percentage of:
2020 Certified Taxable Assessed Valuation…..................................................................................................... 14.00%
Estimate of Taxable Assessed Valuation as of January 1, 2021….................................................................... 12.84%
Overlapping Taxes
Property within the District is subject to taxation by several taxing authorities in addition to the District. On January
1 of each year a tax lien attaches to property to secure the payment of all taxes, penalties and interest imposed on such
property. The lien exists in favor of each taxing unit, including the District, having the power to tax the property. The District’s
tax lien is on parity with tax liens of taxing authorities shown below. In addition to ad valorem taxes required to pay debt
service on bonded debt of the District and other taxing authorities (see “Estimated Overlapping Debt” above), certain taxing
jurisdictions, including the District, are also authorized by Texas law to assess, levy and collect ad valorem taxes for operation,
maintenance, administrative and/or general revenue purposes.
Set forth below are all of the taxes levied for the 2020 tax year by all taxing jurisdictions overlapping the District
and the District. No recognition is given to local assessments for civic association dues, fire department contributions, solid
waste disposal charges or any other levy of entities other than political subdivisions.
2020
Tax Rate
per $100 of Taxable
Assessed Valuation
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(a) For tax year 2020, the total debt service tax rate of $0.185 per $100 assessed valuation is comprised of $0.150 for payment of
Water, Sewer and Drainage Bond debt service and $0.035 for payment of Road Bond debt service.
Tax Exemptions
The District is currently not granting any exemptions.
Additional Penalties
The District has contracted with a delinquent tax attorney to collect certain delinquent taxes. In connection with that
contract, the District established an additional penalty of twenty percent (20%) of the tax to defray the costs of collection.
This 20% penalty applies to taxes that either: (1) become delinquent on or after February 1 of a year, but not later than May
1 of that year, and that remain delinquent on April 1 (for personal property) and July 1 (for real property) of the year in which
they become delinquent or (2) become delinquent on or after June 1, pursuant to the Texas Tax Code.
Historical Tax Collections
The following statement of tax collections sets forth in condensed form a portion of the historical tax experience of
the District. Such table has been prepared for inclusion herein, based upon information obtained from the District’s Tax
Assessor/Collector. Reference is made to such statements and records for further and complete information. See “Tax Roll
Information” below.
(a) As certified by the Appraisal District. See “Tax Roll Information” herein.
(b) Unaudited.
(c) In the process of collections. 2020 taxes are due by January 31, 2021.
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Principal Taxpayers
The following table represents the principal taxpayers, the taxable assessed value of such property, and such
property’s taxable assessed value as a percentage of the 2020 Certified Taxable Assessed Valuation of $119,403,617. This
represents ownership as of January 1, 2020. See “RISK FACTORS⸺Infectious Disease Outlook (COVID-19)” and “—
Dependence on Principal Taxpayers.” A principal taxpayer list related to the Estimated Taxable Assessed Valuation as of
January 1, 2021, is not available.
% of
2020 Certified 2020 Certified
Taxable Assessed Taxable Assessed
Taxpayer Valuation Valuation
HEB Grocery Company LP $ 18,250,640 15.28%
GPI Hospitality Sugar Land LLC (a) 17,359,090 14.54%
TCT Reserve C Ltd. 6,092,300 5.10%
Rare Roses USA LP 5,441,120 4.56%
Avalon Sugar Land Hospitality LLC 5,206,680 4.36%
Hwy 6 & 90 Ltd. 4,471,150 3.74%
Don Levin Trust 3,606,179 3.02%
300 Promenade Way Interests Ltd. 3,369,340 2.82%
Imperial Realty Group LLC 3,281,200 2.75%
MBMG LP 3,105,290 2.60%
Total $ 70,182,989 58.78%
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TAXING PROCEDURES
Authority to Levy Taxes
The Board is authorized to levy an annual ad valorem tax, without legal limitation as to rate or amount, on all taxable
property within the District in an amount sufficient to pay the principal of and interest on the Outstanding Bonds and the
Bonds and any additional bonds payable from taxes which the District may hereafter issue (see “RISK FACTORS—Future
Debt”) and to pay the expenses of assessing and collecting such taxes. The District agrees in the Bond Resolution to levy
such a tax from year-to-year as described more fully herein under “THE BONDS—Source of and Security for Payment.”
Under Texas law, the Board may also levy and collect an annual ad valorem tax for the operation and maintenance of the
District. See “TAX DATA—Debt Service Tax” and “—Maintenance Tax.”
Property Tax Code and County-Wide Appraisal District
Title I of the Texas Tax Code (the “Property Tax Code”) specifies the taxing procedures of all political subdivisions
of the State of Texas, including the District. Provisions of the Property Tax Code are complex and are not fully summarized
here.
The Property Tax Code requires, among other matters, county-wide appraisal and equalization of taxable property
values and establishes in each county of the State of Texas an appraisal district with the responsibility for recording and
appraising property for all taxing units within a county and an appraisal review board with responsibility for reviewing and
equalizing the values established by the appraisal district. The Fort Bend Central Appraisal District (the “Appraisal District”)
has the responsibility for appraising property for all taxing units within Fort Bend County, including the District. Such
appraisal values are subject to review and change by the Fort Bend Central Appraisal Review Board (the “Appraisal Review
Board”).
Property Subject to Taxation by the District
Except for certain exemptions provided by Texas law, all real property, tangible personal property held or used for
the production of income, mobile homes and certain categories of intangible personal property with a tax situs in the District
are subject to taxation by the District. Principal categories of exempt property include, but are not limited to: property owned
by the State of Texas or its political subdivisions if the property is used for public purposes; property exempt from ad valorem
taxation by federal law; certain household goods, family supplies, and personal effects; certain goods, wares and merchandise
in transit; farm products owned by the producer; certain property of charitable organizations, youth development associations,
religious organizations, and qualified schools; designated historical sites; and most individually owned automobiles. In
addition, the District may by its own action exempt residential homesteads of persons sixty-five (65) years of age or older
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Freeport Goods and Goods-in-Transit Exemptions: A “Freeport Exemption” applies to goods, wares, ores, and
merchandise other than oil, gas, and petroleum products (defined as liquid and gaseous materials immediately derived from
refining petroleum or natural gas), and to aircraft or repair parts used by a certified air carrier acquired in or imported into
Texas which are destined to be forwarded outside of Texas and which are detained in Texas for assembling, storing,
manufacturing, processing or fabricating for less than 175 days. Although certain taxing units may take official action to tax
such property in transit and negate such exemption, the District does not have such an option. A "Goods-in-Transit"
Exemption is applicable to the same categories of tangible personal property which are covered by the Freeport Exemption,
if, for tax year 2011 and prior applicable years, such property is acquired in or imported into Texas for assembling, storing,
manufacturing, processing, or fabricating purposes and is subsequently forwarded to another location inside or outside of
Texas not later than 175 days after acquisition or importation, and the location where said property is detained during that
period is not directly or indirectly owned or under the control of the property owner. For tax year 2012 and subsequent years,
such Goods-in-Transit Exemption includes tangible personal property acquired in or imported into Texas for storage purposes
only if such property is stored under a contract of bailment by a public warehouse operator at one or more public warehouse
facilities in Texas that are not in any way owned or controlled by the owner of such property for the account of the person
who acquired or imported such property. A property owner who receives the Goods-in-Transit Exemption is not eligible to
receive the Freeport Exemption for the same property. Local taxing units such as the District may, by official action and after
public hearing, tax goods-in-transit personal property. A taxing unit must exercise its option to tax goods-in-transit property
before January 1 of the first tax year in which it proposes to tax the property at the time and in the manner prescribed by
applicable law. The District has taken official action to allow taxation of all such goods-in-transit personal property for all
prior and subsequent years.
Tax Abatement
Fort Bend County or the City may designate all or part of the area within the District as a reinvestment zone.
Thereafter, Fort Bend County, the City and the District, under certain circumstances, may enter into tax abatement agreements
with owners of property within the zone. Prior to entering into a tax abatement agreement, each entity must adopt guidelines
and criteria for establishing tax abatement, which each entity will follow in granting tax abatement to owners of property.
The tax abatement agreements may exempt from ad valorem taxation by each of the applicable taxing jurisdictions, including
the District, for a period of up to ten (10) years, all or any part of any increase in the appraised valuation of property covered
by the agreement over its appraised valuation in the year in which the agreement is executed, on the condition that the
property owner make specified improvements or repairs to the property in conformity with the terms of the tax abatement
agreement. Each taxing jurisdiction has discretion to determine terms for its tax abatement agreements without regard to the
terms approved by the other taxing jurisdictions.
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The Property Tax Code provides for a temporary exemption from ad valorem taxation of a portion of the appraised
value of certain property that is at least 15% damaged by a disaster and located within an area declared to be a disaster area
by the governor of the State of Texas. This temporary exemption is automatic if the disaster is declared prior to a taxing unit,
such as the District, adopting its tax rate for the tax year. A taxing unit, such as the District, may authorize the exemption at
its discretion if the disaster is declared after the taxing unit has adopted its tax rate for the tax year. The amount of the
exemption is based on the percentage of damage and is prorated based on the date of the disaster. Upon receipt of an
application submitted within the eligible timeframe by a person who qualifies for a temporary exemption under the Property
Tax Code, the Appraisal District is required to complete a damage assessment and assign a damage assessment rating to
determine the amount of the exemption. The temporary exemption amounts established in the Property Tax Code range from
15% for property less than 30% damaged to 100% for property that is a total loss. Any such temporary exemption granted
for disaster-damaged property expires on January 1 of the first year in which the property is reappraised.
District and Taxpayer Remedies
Under certain circumstances taxpayers and taxing units (such as the District) may appeal the orders of the Appraisal
Review Board by filing a timely petition for review in State district court. In such event, the value of the property in question
will be determined by the court or by a jury if requested by any party. Additionally, taxing units may bring suit against the
Appraisal District to compel compliance with the Property Tax Code.
The Property Tax Code sets forth notice and hearing procedures for certain tax rate increases by the District and
provides for taxpayer referenda which could result in the repeal of certain tax increases. 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.
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Certain qualified taxpayers, including owners of residential homesteads, located within a natural disaster area and
whose property has been damaged as a direct result of the disaster, are entitled to enter into a tax payment installment
agreement with a taxing jurisdiction such as the District if the tax payer pays at least one-fourth of the tax bill imposed on the
property by the delinquency date. The remaining taxes may be paid without penalty or interest in three equal installments
within six months of the delinquency date.
Rollback of Operation and Maintenance Tax Rate
Chapter 49 of the Texas Water Code, as amended, classifies districts differently based on the current operation and
maintenance tax rate or on the percentage of build-out that the district has completed. Districts that have adopted an operation
and maintenance tax rate for the current year that is 2.5 cents or less per $100 of taxable value are classified as “Special
Taxing Units.” Districts that have financed, completed, and issued bonds to pay for all improvements and facilities necessary
to serve at least 95% of the projected build-out of the district are classified as “Developed Districts.” Districts that do not
meet either of the classifications previously discussed can be classified herein as “Developing Districts.” The impact each
classification has on the ability of a district to increase its maintenance and operations tax rate is described for each
classification below. Debt service and contract tax rates cannot be reduced by a rollback election held within any of the
districts described below.
Special Taxing Units: Special Taxing Units that adopt a total tax rate that would impose more than 1.08 times the
amount of the total tax imposed by such district in the preceding tax year on a residence homestead appraised at the average
appraised value of a residence homestead, subject to certain homestead exemptions, are required to hold an election within
the district to determine whether to approve the adopted total tax rate. If the adopted total tax rate is not approved at the
election, the total tax rate for a Special Taxing Unit is the current year's debt service and contract tax rate plus 1.08 times the
previous year's operation and maintenance tax rate.
Developed Districts: Developed Districts that adopt a total tax rate that would impose more than 1.035 times the
amount of the total tax imposed by the district in the preceding tax year on a residence homestead appraised at the average
appraised value of a residence homestead, subject to certain homestead exemptions for the preceding tax year, plus any
unused increment rates, as calculated and described in Section 26.013 of the Tax Code, are required to hold an election within
the district to determine whether to approve the adopted total tax rate. If the adopted total tax rate is not approved at the
election, the total tax rate for a Developed District is the current year's debt service and contract tax rate plus 1.035 times the
previous year's operation and maintenance tax rate plus any unused increment rates. In addition, if any part of a Developed
District lies within an area declared for disaster by the Governor of Texas or President of the United States, alternative
procedures and rate limitations may apply for a temporary period. If a district qualifies as both a Special Taxing Unit and a
Developed District, the district will be subject to the operation and maintenance tax threshold applicable to Special Taxing
Units.
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The District: A determination as to a district’s status as a Special Taxing Unit, Developed District or Developing
District will be made by the Board of Directors on an annual basis. For the 2020 tax year, the Board of Directors has
determined that the District is a Developing District. The District cannot give any assurances as to what its classification will
be for any future tax years or whether the District's future tax rates will result in a total tax rate that will reclassify the District
into a new classification and new election calculation.
To the extent that the FDIC attempts to enforce the same, these provisions may affect the timeliness of collection of
taxes on property, if any, owned by the FDIC in the District and may prevent the collection of penalties and interest on such
taxes or may affect the valuation of such property.
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Allen Boone Humphries Robinson LLP also serves as general counsel to the District on matters other than the
issuance of bonds. The legal fees paid to Bond Counsel for services rendered in connection with the issuance of the Bonds
are based on a percentage of the bonds actually issued, sold and delivered and, therefore, such fees are contingent upon the
sale and delivery of the Bonds.
The various legal opinions to be delivered concurrently with the delivery of the Bonds 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 the 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.
No Material Adverse Change
The obligations of the Underwriter to take and pay for the Bonds, and of the District to deliver the Bonds, are subject
to the condition that, up to the time of delivery of and receipt of payment for the Bonds, there shall have been no material
adverse change in the condition (financial or otherwise) of the District from that set forth or contemplated in the OFFICIAL
STATEMENT.
No-Litigation Certificate
The District will furnish the Underwriter a certificate, executed by both the President or Vice President and Secretary
or Assistant Secretary/Assistant Vice President of the Board, and dated as of the date of delivery of the Bonds, to the effect
no litigation of any nature is pending or to its knowledge threatened, either in state or federal courts contesting or attacking
the Bonds; restraining or enjoining the levy, assessment and collection of ad valorem taxes to pay the interest or principal on
the Bonds in any manner questioning the authority or proceedings for the issuance, execution or delivery of the Bonds or
affecting the validity of the Bonds or the title of the present officers of the District.
TAX MATTERS
In the opinion of Allen Boone Humphries Robinson LLP, Bond Counsel, under existing law, interest on the Bonds
is excludable from gross income for federal income tax purposes and interest on the Bonds is not subject to the alternative
minimum tax on individuals.
The Internal Revenue Code of 1986, as amended (the “Code”) imposes a number of requirements that must be
satisfied for interest on state or local obligations, such as the Bonds, to be excludable from gross income for federal income
tax purposes. These requirements include limitations on the use of proceeds and the source of repayment, limitations on the
investment of proceeds prior to expenditure, a requirement that excess arbitrage earned on the investment of 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 District has covenanted in the Bond Resolution that it will comply with these requirements.
39
Under the Code, taxpayers are required to report on their returns the amount of tax exempt interest, such as interest
on the Bonds, received or accrued during the year. Payments of interest on tax-exempt obligations such as the Bonds are in
many cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any
owner who is not an “exempt recipient” and who fails to provide certain identifying information. Individuals generally are
not exempt recipients, whereas corporations and certain other entities generally are exempt recipients.
Except as stated above, Bond Counsel will express no opinion as to any federal, state or local tax consequences
resulting from the ownership of, receipt of interest on, or disposition of, the Bonds.
Prospective purchasers of the Bonds should be aware that the ownership of tax exempt obligations may result in
collateral federal income tax consequences to financial institutions, life insurance and property and casualty insurance
companies, certain S corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad
Retirement benefits, taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax
exempt obligations, taxpayers owning an interest in a FASIT that holds tax-exempt obligations, and individuals otherwise
qualifying for the earned income credit. In 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 Bonds. These categories of prospective purchasers should consult their own tax advisors as to the applicability
of these consequences.
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 hereof. 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 whether or not the
Service will commence an audit of the Bonds. If an audit is commenced, in accordance with its current published procedures
the Service is likely to treat the District as the taxpayer and the owners of the Bonds may not have a right to participate in
such audit. Public awareness of any future audit of the Bonds could adversely affect the value and liquidity of the Bonds
during the pendency of the audit regardless of the ultimate outcome of the audit.
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Under existing law, the original issue discount on each Original Issue Discount Bond is accrued daily to the stated
maturity thereof (in amounts calculated as described below for each six-month period ending on the date before the
semiannual anniversary dates of the Bonds and ratably within each such six-month period) and the accrued amount is added
to an initial owner’s basis for such Bond for purposes of determining the amount of gain or loss recognized by such owner
upon redemption, sale or other disposition thereof. The amount to be added to basis for each accrual period is equal to (a) the
sum of the issue price plus the amount of original issue discount accrued in prior periods multiplied by the yield to stated
maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of
the accrual period) less (b) 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 Bonds which are not purchased in the initial offering at the initial offering price may be determined
according to rules which differ from those described above. All owners of Original Issue Discount Bonds 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 Bonds and with respect to the federal, state, local and foreign tax consequences
of the purchase, ownership and redemption, sale or other disposition of such Bonds.
Qualified Tax-Exempt Obligations
The Code requires a pro rata reduction in the interest expense deduction of a financial institution to reflect such
financial institution’s investment in tax-exempt obligations acquired after August 7, 1986. An exception to the foregoing
provision is provided in the Code for “qualified tax-exempt obligations,” which include tax-exempt obligations, such as the
Bonds, (a) designated by the issuer as “qualified tax-exempt obligations” and (b) issued by or on behalf of a political
subdivision for which the aggregate amount of tax-exempt obligations (not including private activity bonds other than
qualified 501(c)(3) bonds) to be issued during the calendar year is not expected to exceed $10,000,000.
The District will designate the Bonds as “qualified tax-exempt obligations” and has represented that the aggregate
amount of tax-exempt bonds (including the Bonds) issued by the District and entities aggregated with the District under the
Code during calendar year 2021 is not expected to exceed $10,000,000 and that the District and entities aggregated with the
District under the Code have not designated more than $10,000,000 in “qualified tax-exempt obligations” (including the
Bonds) during calendar year 2021.
Notwithstanding these exceptions, financial institutions acquiring the Bonds will be subject to a 20% disallowance
of allocable interest expense
PREPARATION OF OFFICIAL STATEMENT
Sources and Compilation of Information
The financial data and other information contained in this OFFICIAL STATEMENT have been obtained primarily
from the District’s records, the Engineer, the Tax Assessor/Collector, the Appraisal District and information from other
sources. All of these sources are believed to be reliable, but no guarantee is made by the District as to the accuracy or
completeness of the information derived from such sources, and its inclusion herein is not to be construed as a representation
on the part of the District except as described below under “Certification of Official Statement.” Furthermore, there is no
guarantee that any of the assumptions or estimates contained herein will be realized. The summaries of the agreements,
reports, statutes, resolutions, engineering and other related information set forth in this OFFICIAL STATEMENT are
included herein subject to all of the provisions of such documents. These summaries do not purport to be complete statements
of such provisions, and reference is made to such documents for further information.
Financial Advisor
Masterson Advisors LLC is employed as the Financial Advisor to the District to render certain professional services,
including advising the District on a plan of financing and preparing the OFFICIAL STATEMENT, including the OFFICIAL
NOTICE OF SALE and the OFFICIAL BID FORM for the sale of the Bonds. In its capacity as Financial Advisor, Masterson
Advisors LLC has compiled and edited this OFFICIAL STATEMENT. The Financial Advisor has reviewed the information
in this OFFICIAL STATEMENT in accordance with, and as a part of, its responsibilities to the District 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.
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Event Notices
The District will provide timely notices of certain events to the MSRB, but in no event will such notices be provided
to the MSRB in excess of ten business days after the occurrence of an event. The District will provide notice of any of the
following events with respect to the Bonds: (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 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 Bonds, or other events affecting the tax status of the Bonds; (7) modifications to rights of Beneficial Owners
of the Bonds, if material; (8) bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of
property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or
similar event of the District or other obligated person, (13) consummation of a merger, consolidation, or acquisition involving
the District or other obligated person or the sale of all or substantially all of the assets of the District or other obligated person,
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; (14)
appointment of a successor or additional trustee or the change of name of a trustee, if material to a decision to purchase or
sell Bonds; (15) incurrence of a financial obligation of the District or other obligated person, if material, or agreement to
covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the District or other
obligated person, any of which affect Beneficial Owners of the Bonds, if material; and (16) default, event of acceleration,
termination event, modification of terms, or other similar events under the terms of the financial obligation of the District or
other obligated person, any of which reflect financial difficulties. The terms “obligated person” and “financial obligation”
when used in this paragraph shall have the meanings ascribed to them under SEC Rule 15c2-12 (the “Rule”). The term
“material” when used in this paragraph shall have the meaning ascribed to it under federal securities laws. Neither the Bonds
nor the Bond Resolution makes any provision for debt service reserves or liquidity enhancement. In addition, the District will
provide timely notice of any failure by the District to provide financial information, operating data, or financial statements in
accordance with its agreement described above under “Annual Reports.”
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MISCELLANEOUS
All estimates, statements and assumptions in this OFFICIAL STATEMENT and the APPENDICES hereto have
been made on the basis of the best information available and are believed to be reliable and accurate. Any statements in this
OFFICIAL STATEMENT involving matters of opinion or estimates, whether or not expressly so stated, are intended as such
and not as representations of fact, and no representation is made that any such statements will be realized.
This OFFICIAL STATEMENT was approved by the Board of Directors of Fort Bend County Municipal Utility
District No. 136, as of the date shown on the cover page.
/s/
President, Board of Directors
ATTEST:
/s/
Secretary, Board of Directors
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Subject: Fort Bend MUD 136 Unlimited Tax Bonds Series 2021
Fort Bend County Municipal Utility District No. 136, a wholly incorporated District within the City
limits is presenting to the Mayor and City Council for consideration and approval of the proposed
$2,330,000 of Unlimited Tax Bonds, Series 2021, which they plan to sell on February 8, 2021.
The City’s Code of Ordinances, Sec. 5-237 applies to this district: “any district to be created in
within the City of Sugar Land or its extraterritorial jurisdiction must, as a condition of its creation,
comply with written policies adopted by the City Council.”
On March 15, 2011 City Council Policy 5000-03: CREATION, OPERATIONS, AND DISSOLUTION OF SPECIAL
PURPOSE DISTRICTS LOCATED WITHIN THE CITY OF SUGAR LAND OR ITS EXTRATERRITORIAL JURISDICTION
was adopted by Resolution No. 11-07. State law gives the City Council authority over the creation,
operations, and dissolution of special purpose districts. This policy sets forth the requirements
that Council will exercise over special purpose districts.
Section II applies to In-City Districts. Under D. Conditions for City Consent, the City imposes the
following requirements as conditions of the City’s consent.
1. All bonds, which shall be and remain obligations of the District until its dissolution, must
be approved by the City Council. The City Council may refuse to give its approval to the
issuance of bonds – or limit the amount of bonds issued by the District – if the District is
not in compliance with the City’s requirements contained in the consent resolution or
ancillary documents. The City will request compliance with the following terms and
reporting requirements:
a. The District’s initial bond debt maturity date will not exceed 25 years. Once the
District has established a maturity date for its initial bonds, the maturity date for
any additional bonds will not extend beyond the maturity date for the initial bonds,
without the approval of the City.
c. The District may not fund more than 24 months of capitalized interest in a bond
issue.
d. The City may limit a MUD to only issue bonds for the purposes of providing water,
wastewater and drainage improvements
e. The City may approve the issuance of District bonds for park or road improvements
if the park or road improvements for which the bonds are issued are included in
the City’s master plans.
f. At least 30 days before the issuance of bonds, except refunding bonds, the
District’s financial advisor shall certify in writing that bonds are being issued within
the existing economic feasibility guidelines established by the TCEQ - whether or
not the District has been approved by the TCEQ. The report, provided to the City
Manager, should also state the following:
iii. The proposed debt service tax rate after issuance of the bonds.
g. Within 30 days after the District closes the sale of a series of bonds, the District
shall deliver to the City Manager a copy of the final official statement for such series
of bonds as well as any additional information requested by the City.
2. The City shall require that the owner of the real property over which the District will be
created to enter into a written City contract for the City to provide water and wastewater
services to the District and that the District accept, after its creation, the water and
wastewater service contract agreed upon between the City and the owner. The District
must pay all applicable connection fees. All District utility infrastructure must be designed
and constructed as a part of the City’s regional utility system and in compliance with the
City’s Water Master Plan and Wastewater Master Plan.
3. District infrastructure shall be constructed in accordance with City design standards. The
4. The District will not drill wells without specific approval by the City as provided in the City’s
Code of Ordinances. If the District receives approval from the City to create ground wells,
for potable or non-potable water production, or if the District plans to employ reuse water,
originating from inside or outside the District, for the purposes of landscape irrigation or
filling amenity ponds, the District will take part in the City’s Groundwater Reduction Plan.
Any subsidence district credits earned in the District will be owned by the GRP
Administrator, the City of Sugar Land.
5. A district may not annex additional land into the District unless the City Council first adopts
a resolution giving its consent to the annexation. The conditions contained in the
resolution consenting to the creation of the District also apply to the land annexed, unless
the resolution approving the District’s annexation of additional land states otherwise.
Conversely, the District may not enter into an agreement to be annexed, in whole or in
part, with another district or municipality, without written authorization from the City of
Sugar Land.
6. A District may not provide water or wastewater service outside the boundaries of the
District. Conversely, the District may not enter into an agreement with another district or
municipality to receive water and wastewater services.
7. The District shall send a copy of the order or other action setting an ad valorem tax rate
to the City Secretary, City Finance Director and the City Manager within 30 days after
District adoption of the rate.
8. The District shall send a copy of its annual audit to the City Finance Director and City
Manager. The District will also ensure that they are meeting accounting standards set by
the Governmental Accounting Standards Board (GASB), and they are fulfilling all arbitrage
compliance reports to the satisfaction of the City Finance Director.
9. The District shall provide copies of any material event notices filed under applicable federal
securities laws or regulations to the City Manager within thirty (30) days after filing such
notices with the applicable federal agency.
10. The District will not own any facilities without the City’s written approval. The District will
finance water, wastewater, and drainage facilities and convey them to the City, upon
completion of construction, for operation and maintenance.
Prior to the sale of these bonds, the District must obtain a letter from the Mayor to the effect that
the District is in compliance with appropriate clauses of Chapter 5 of the Code of Ordinances. In
addition, the Mayor must also provide a letter to the Attorney General of the State of Texas
approving the form of the resolution or order of the board of directors authorizing the issuance
of any bonds of the District absent the interest rates and sales price of the proposed bonds.
Presented below is information regarding the District and the proposed bonds as provided in the
Preliminary Official Statement.
District Creation The district is a political subdivision of the State of Texas, created by
order of the Commission on Environmental Quality (TCEQ), on April 1,
2005 and operates pursuant to Chapters 49 and 54 of the Texas Water
Code. The district is wholly incorporated within the corporate limits of
the City of Sugar Land.
Developers of the District NNP-Telfair, LLC (“NNP-Telfair”), a Texas limited liability company, is the
developer of Telfair, including the developed acres of land within the
District. NNP-Telfair plans to develop its land in the District for
commercial uses. NNP Telfair was created for the sole purpose of
developing Telfair and its only substantial asset is the land in Telfair.
Fort Bend Levee Improvement All of the land within Telfair lies within Fort Bend Levee Improvement
District No. 17 District No. 17 (“LID 17”), which encompasses approximately 2,330 acres
of land. LID 17 has constructed a system of a levee, detention ponds,
channels and other drainage improvements, reclaiming land from the
Brazos River flood-plain, including the land within the District, as well as
public recreational facilities, and has financed the acquisition and/or
construction of these facilities with the proceeds of its unlimited tax
bonds. LID 17 currently has $64,655,000 principal amount of bonds
outstanding. LID 17 levied a total 2020 tax rate of $0.56 per $100 of
assessed valuation ($0.28 for debt service and $0.28 for maintenance
and operations).
Payment Record The District has previously sold $2,375,000 principal amount of
unlimited tax bonds for water, sewer and drainage facilities in one series
and $2,525,000 principal amount of unlimited tax road bonds in one
series. The district issued $2,065,000 principal amount of unlimited tax
refunding bonds in one series. In total $3,850,000 remains outstanding
of all bonds issued.
Authorized Purpose
$ 20,000,000 Water, sewer and drainage projects
5,285,000 Road projects
13,000,000 Refunding purposes
2,900,000 Recreation facilities
Bonds Outstanding
(Excluding Proposed)
Tax Rate Requirement for The required tax rate for the Maximum Annual Debt Service payment
Maximum and Average Debt on the bonds is $0.48/$100 based upon the 2020 Certified Taxable
Service (95% collection) Assessed Valuation (if no further development occurs in the district).
The required tax rate for the Average Annual Debt Service payment on
the bonds is $0.43/$100 based upon the 2020 Certified Taxable
Assessed Valuation (if no further development occurs in the district).
Use of Bond Proceeds Proceeds will be used to pay the construction costs associated with the
following items. These costs were submitted to the TCEQ for approval
by the district in a bond application. The actual amounts will be
reimbursed by the district and costs will be finalized after review by the
district’s auditor.
The following schedule sets forth the debt service requirements for the Outstanding
Bonds and the estimated debt service on the Bonds at an estimated interest rate of 3.25%.