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SA-3 - RESO - REFUNDING BONDS
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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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following six-month period (see APPENDIX A — "SUMMARY OF CERTAIN PROVISIONS OF THE <br />INDENTURE"). <br />The Dissolution Act also contains certain penalties in the event the Successor Agency does not timely <br />submit a ROPS for a fiscal year. Specifically, a ROPS must be submitted by the Successor Agency, after <br />approval by the Oversight Board to the County Auditor -Controller, the State Department of Finance, and the <br />State Controller no later than February 1 of each year. If the Successor Agency does not submit an Oversight <br />Board -approved ROPS by such deadlines, the City will be subject to a civil penalty equal to $10,000 per day for <br />every day the schedule is not submitted to the State Department of Finance. Additionally, the Successor <br />Agency's administrative cost allowance is reduced by 25% if the Successor Agency does not submit an <br />Oversight Board -approved ROPS by the 10th day after the February 1 deadline with respect to a ROPS for the <br />subsequent annual period. <br />The Successor Agency has submitted all Recognized Obligation Payment Schedule, duly approved by <br />the Oversight Board, in a timely manner. <br />Commencing on February 1, 2016, pursuant to SB 107, successor agencies were transitioned to an <br />annual ROPS process pursuant to which successor agencies will be required to file ROPS with the Department <br />of Finance and the County Auditor -Controller for approval each February 1 for the July 1 through June 30 <br />period immediately following such February 1 commencing with the July 1, 2016 through June 30, 2017 period. <br />Commencing September 22, 2015, successor agencies which received a Finding of Completion and the <br />concurrence of the Department of Finance as to the items that qualify for payment, among other conditions, may <br />at their option, file a Last and Final ROPS. If approved by the Department of Finance, the Last and Final BOPS <br />will be binding on all parties, and the Successor Agency will no longer submit a Recognized Obligation <br />Payment Schedule to the Department of Finance or the Oversight Board. The County Auditor -Controller will <br />remit the authorized funds to the Successor Agency in accordance with the approved Last and Final Recognized <br />Obligation Payment Schedule until each remaining enforceable obligation has been fully paid. A Last and Final <br />ROPS may only be amended twice, and only with approval of the Department of Finance and the County <br />Auditor -Controller. The Successor Agency has not submitted a Last and Final Recognized Obligation Payment <br />Schedule nor has it yet determined when it plans to file a Last and Final ROPS. <br />Series 2018A Bonds Loss of Tax Exemption <br />As discussed under the caption "LEGAL MATTERS - Tax Matters," interest on the Series 2018A <br />Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date <br />the Series 2018A Bonds were executed and delivered as a result of future acts or omissions of the Successor <br />Agency in violation of its covenants contained in the Indenture. Should such an event of taxability occur, the <br />Series 2018A Bonds are not subject to special redemption or any increase in interest rate and will remain <br />outstanding until maturity. <br />In addition, Congress has considered in the past, is currently considering and may consider in the future, <br />legislative proposals, including some that carry retroactive effective dates, that, if enacted, would alter or <br />eliminate the exclusion from gross income for federal income tax purposes of interest on municipal bonds, such <br />as the Series 2018A Bonds. Prospective purchasers of the Series 2018A Bonds should consult their own tax <br />advisors regarding any pending or proposed federal tax legislation. The Successor Agency can provide no <br />assurance that federal tax law will not change while the Series 2018A Bonds are outstanding or that any such <br />changes will not adversely affect the exclusion of the interest on the Series 2018A Bonds from gross income for <br />federal income tax purposes. If the exclusion of the interest on the Series 2018A Bonds from gross income for <br />federal income tax purposes were amended or eliminated, it is likely that the market price for the Series 2018A <br />Bonds would be adversely impacted. <br />46 <br />SA -3-60 <br />
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