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SA-3 - RESO - REFUNDING BONDS
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10/02/2018
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SA-3 - RESO - REFUNDING BONDS
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Last modified
9/27/2018 2:45:16 PM
Creation date
9/27/2018 2:32:05 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
10/2/2018
Destruction Year
2023
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effectiveness of the Dissolution Act, the State Department of Finance and various successor agencies have from <br />time to time disagreed about the interpretation of different language contained in the Dissolution Act, as well as <br />whether or not the State Department of Finance has exceeded its authority in rejecting items from ROPS <br />submitted by successor agencies, as evidenced by numerous lawsuits. While the Successor Agency has <br />covenanted in the Indenture to preserve and protect the security of the Bonds and the rights of the Bondholders <br />(see APPENDIX A — "SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE"), any such action <br />taken by the Successor Agency could incur substantial time and cost that may have a detrimental effect on the <br />Successor Agency's ability to timely pay debt service on the Bonds. Moreover, the Successor Agency cannot <br />guarantee the outcome of any such action taken by the Successor Agency to preserve and protect the security of <br />the Bonds and the rights of the Bondholders. <br />In addition to the existing limitations on Tax Revenues described in this Official Statement under <br />"PROPERTY TAXATION IN CALIFORNIA," the California electorate or Legislature could adopt future <br />limitations with the effect of reducing Tax Revenues payable to the Successor Agency. <br />Real Estate and General Economic Risks <br />Tax Revenues available for payment of any indebtedness of the Successor Agency are based upon the <br />latest actual assessed values for the fiscal year 2018/19. Redevelopment of real property within the Project Area <br />by the City, as well as private development in the Project Area, may be adversely affected by changes in general <br />economic conditions, fluctuations in the real estate markets and interest rates, unexpected increases in <br />development costs, changes in or new governmental policies including governmental policies to restrict or <br />control certain kinds of development and by other similar factors. If development and redevelopment activities <br />in the Project Area encounters significant obstacles of the kind described in the Official Statement or other <br />impediments, the economy of the area in and around the Project Area, could be adversely affected, causing <br />reduced taxable valuation of property in the Project Area a reduction of the Tax Revenues available to repay the <br />Bonds. Due to the decline in the general economy of the region, owners of property within the Project Area may <br />be less able or less willing to make timely payments of property taxes, causing a delay or reduction of Tax <br />Revenues available to repay the Bonds. <br />Recognized Obligation Payment Schedule <br />The Dissolution Act provides that only those payments listed in the ROPS may be made by the <br />Successor Agency from the funds specified in the ROPS. The Dissolution Act requires successor agencies to <br />prepare and approve, and submit to the successor agency's oversight board and the State Department of Finance <br />for approval, a ROPS pursuant to which enforceable obligations (as defined in the Dissolution Act) of the <br />successor agency are listed, together with the source of funds to be used to pay for each enforceable obligation. <br />Tax Revenues will not be distributed from the RPTTF by the County Auditor -Controller to the Successor <br />Agency's Redevelopment Obligation Retirement Fund without a duly approved and effective ROPS obtained in <br />sufficient time prior to the January 2 or June 1 distribution dates, as applicable. See "SECURITY FOR THE <br />BONDS - Recognized Obligation Payment Schedules." In the event the Successor Agency were to fail to file a <br />ROPS with respect to any six-month period, the availability of Tax Revenues to the Successor Agency could be <br />adversely affected for such period. <br />The Successor Agency has covenanted to take all actions required under the Dissolution Act to include <br />scheduled debt service on the Bonds as well as any amount required under the Indenture to replenish the <br />Reserve Account of the Debt Service Fund, in ROPS for each six-month period of a fiscal year and to enable the <br />County Auditor -Controller to distribute from the RPTTF to the Successor Agency's Redevelopment Obligation <br />Retirement Fund on each January 2 and June 1 amounts required for the Successor Agency to pay principal of, <br />and interest on, the Bonds coming due in the respective six-month period of a fiscal year, including listing a <br />reserve on the ROPS to the extent required by the Indenture or when the next property tax allocation is projected <br />to be insufficient to pay all obligations due under the provisions of the Bonds for the next payment due in the <br />45 <br />SA -3-59 <br />
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