REPORT TO THE CITY COUNCIL
FROM: SANTINO DANISI, Finance Director/City Controller
Finance Department
BY: PHILLIP HARDCASTLE, Principal Accountant - Debt Administration
Finance Department
SUBJECT
Title
Tax Equity and Financial Responsibility Act (TEFRA) public hearing.
TEFRA HEARING - To hear and consider information concerning the proposed issuance of tax-exempt bonds by California Municipal Finance Authority for the purpose of refinancing of the Franciscan/Towne & Country mobile home park.
1. ***RESOLUTION - Approving the issuance of Tax-Exempt Revenue Bonds pursuant to a plan of finance in an aggregate principal amount not to exceed $71,000,000 by the California Municipal Finance Authority for the purpose of financing and refinancing the acquisition and improvement of apartment complexes and mobile home parks by one or more California limited liability companies and certain other matters relating thereto. (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Adopt the resolution approving the issuance of the Bonds by the California Municipal Finance Authority (the “Authority”) for the benefit of one or more California limited liability companies (“LLCs”), whose sole member is or will be Caritas Affordable Housing, Inc. (the “Corporation” and, together with the LLCs, the “Borrower”), a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA the Code and the California Government Code Section 6500 (and following).
EXECUTIVE SUMMARY
The Borrower has requested that the Authority serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $57,000,000 of tax-exempt revenue bonds (the “Bonds”). The proceeds of the Bonds will be used to refinance all or a portion of costs of the acquisition and improvement a 234-space mobile home park known as Franciscan/Towne & Country, located at 2317-2373 South Chestnut Avenue, within Council District 5, Fresno, California 93725 (the “Project).
Should the City authorize the issuance of Bonds, the City would have no obligation or liability associated with these facilities or with these obligations.
BACKGROUND
The Franciscan/Towne & Country Project is located within the territorial limits of the City of Fresno, California (the “City”), a member of the Authority, and the Project is or will be owned by and operated by the Borrower.
Pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority and the related plan of financing must be approved by the City because a portion of the Project is located within the territorial limits of the City.
The City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds by the Authority under Section 147(f) of the Code; and
The Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City
The Authority was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Fresno, have become members of the Authority.
The Authority was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The Authority’s representatives and its Board of Directors have considerable experience in bond financings.
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Fresno must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.
ENVIRONMENTAL FINDINGS
This item is not a project for purposes of the California Environmental Quality Act (CEQA).
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a construction or service contract.
FISCAL IMPACT
The City has no obligation or liability associated with the requested financing. The obligations will not constitute indebtedness or obligation of, and will not involve a pledge of the good faith and credit of the City. The obligations will be limited obligations of the Authority payable only from loan repayments to be made to the Authority from certain funds and accounts established by or pursuant to the bond indenture(s) under which the obligations will be issued. The Authority has no taxing power and the issuance of the obligations will not obligate the State of California or any political subdivision of the State to levy or pledge any form of taxation for the obligations or to make any appropriation for the payment of the obligations.
Attachment: Resolution