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HomeMy WebLinkAboutPR 11631: BUSINESS PARKI N T E R MEMO OFFICE To' From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attorney /tq~ P. R. No. 11631 Council Meeting - January 15, 2002 January 10, 2002 Attached is P. R. 11631 which pertains to authorizing thc financing mechanisms to build a Business Park in conjunction with the Port Arthur Section 4A Economic Development Corporation. At the joint meeting with the EDC, the City Council and the EDC can determine the financing mechanism or the particular option as delineated in Exhibit "A'. MTS/ts Attachment CC: City Secretary Ike Mills, Interim Director, Director of Finance EDC z.pr 11631. memo P. R. No. 11631 01/11/02 ts RESOLUTION NO. A RESOLUTION AUTHORIZING THE FINANCING MECHANISMS TO BUILD A BUSINESS PARK IN CONJUNCTION WITH OR BY THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION WITH THE PARK BEING IN THE VICINITY OF HIGHVqAY 365 AND WEST PORT ARTHUR ROAD WHEREAS, the Port Arthur Section 4A Economic Development Corporation is in the process of building a Business Park in the vicinity of Highway 365 and West Port Arthur Road; and WHEREAS, thcre is a need to select thc type of financing or options that will be used to construct the physical improvements at the Business Park, i.e., roads, drainage systems, utility systems and other similar improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the type of financing described as in Exhibit "A" is hereby approved as to build the Business Park. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of z.prl1631 2002, A.D., at a Meeting of the City Council of thc City of Port Arthur, Texas, by thc following vote: AYES: Mayor ., City Council NOES: ATTEST: OSCAR ORTIZ, MAYOR CAROLYN DIXON, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.prl1631 EXHIBIT "A" January7,2002 Ms. Becky Underhill Director of Finance City of Port Arthur 444 Fourth Street Port Arthur, TX RE: Options for the financing of the Industrial Park Dear Becky, You have asked me to put in written form a synopsis of the presentation given to council regarding the proposed industrial park. At that meeting I discussed two alternative methods for funding the project. The first method involves the Corporation selling its own Sales Tax Revenue Bonds while the second method involves the City selling Certificates of Obligation on behalf of the Corporation. Sales Tax Revenue Bonds Sales Tax Revenue Bonds are different than the tax backed bonds and certificates that the City usually sells. The Corporation can issue bonds backed by a sales tax, the City cannot. A revenue bond is backed up by a cash flow, in this instance, receipt of sales taxes by the corporation of ½%. The cash flow is leveraged by selling debt with annual payments that am less than the annual cash flow. The difference between the cash flow and the debt payments is referred to as debt service coverage. Also, a revenue bond is required to have a reserve fund. A reserve fund is typically equivalent to the average annual debt service payments. It is used to make the payment in any year in which the sales tax receipts do not produce sufficient revenue to make the debt payments. The cost of insurance is typically higher than with a tax backed issue because the City has little or no control over the receipt of sales taxes. Finally, due to the same reasoning on insurance premium, even an insured sales tax revenue bond prices slightly higher in yield than an insured tax backed credit would. Certificates of Obli~afion Certificates of Obligation are issued by the City and have a pledge of ad valorem taxes, the full faith and credit of the City behind them. The City can issue debt obligations with an ad valorem tax pledge behind them, the Corporation cannot. The pledge of taxes makes for a very strong pledge because the City can levy a tax up to the limit imposed by the City Charter to pay them (In the event the. In this case however, the Certificates would be anticipated to be paid back by the Corporation. This could be accomplished by entering an interlocal agreement with the Corporation to pay the annual debt service on the Certificates. Such an agreement would need to be drawn up by the City's Bond Counsel. By having such an agreement, the Corporation could avoid having to fund a debt service reserve and could take advantage of the slightly lower interest rates and insurance premiums ora tax backed issue. The Corporation may also not have to deal with limitations imposed by a required debt service coverage. There are economic advantages to the City selling Certificates of Obligation on behalf of the Corporation. These include slightly lower reoffering yields, a slightly lower cost of insurance, no need for a reserve fund and no requirement for debt service coverage. There are also benefits for the Corporation selling it's own debt in the form of Sales Tax Revenue Bonds. Such debt is not considered an obligation of the City of Port Arthur. This means that the City does not have to step up and make the payment if the Corporation cannot, unlike with Certificates of Obligation where the City is "on the hook." I hope that this letter covers the points that you wanted addressed. Let me know if I may be of further assistance or provide you with more information. Sincerely, Joe Morrow