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CCP 06-24-1996
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CCP 06-24-1996
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<br /> .. <br />There is no obligation beyond revenues of the facility to provide for debt service payments I <br />themselves. <br />Lease Purchase Revenue Bonds -. <br />An Economic Development Authority ("EDA") or under certain circumstances, a Housing and I <br />Redevelopment Authority ("HRA") could issue lease purchase revenue bonds to pay for the <br />facility, supporting the bonds through the receipt of lease payments from obligors under the <br />lease. For this project it is possible that the lease would be with MASC or one or more of the I <br />primary users with subleases to the other contractually obligated users. Bond opinions have <br />differed on whether an HRA can fund projects that are not redevelopment projects involving <br />removal of existing structures. I <br />The lease payments could be met with net revenues of the facility and any other moneys the <br />lessors are obligated to pay under the lease(s). In order for a participant to enter into such a <br />lease, it would usually need to be an annual appropriation lease, subject to budgetin'il by the I <br />governing body each year. Exceptions to this rely on either the passage of an authorizing <br />election by each lessor or compliance by each lessor with the terms of the MSA 475.58 <br />("Mighty Ducks Legislation", to be discussed later). If the obligation is an annual appropriation, . <br />payment is subject to inclusion of any deficits in the lessor's budget(s) each year. The risk is <br />great for an investor since provision of ice arenas is not generally considered to be an <br />essential service such as provision of water and sewer service. Future governing bodies have <br />the ability to decline to appropriate under an annual appropriation lease and conceivably I <br />budgetary constraints could lead to non-appropriation for this type of facility if difficult financial <br />decisions needed to be made. If on the other hand, the underlying leases were general <br />obligations of the lessor(s), there would be no question of the governing body's legal obligation e. <br />to make payment. <br />A lease purchase bond that is not secured by general obligation leases will be difficult to I <br />market because of i) the nonessential nature of the project ii) recent non-appropriations for <br />similar bond structures sold for other purposes and iii) the investors' expectations of net <br />revenues available to pay debt service. Collaborative efforts such as this one that rely on <br />underlying general obligation pledges should be marketable, although the coordination of . <br />business obligations of the various parties can be challenging. <br />Assuming a full general taxing obligation pledge behind all leases securing the bonds, the . <br />rating of this issue would be slightly below the rating of the guarantor with the lowest credit <br />rating. The full amount of debt service would need to be covered by general obligation <br />pledges and the logistics of budgeting for the facility, application of revenues, notification of . <br />deficiencies, and collections of pledged amounts would need to be set out in detail for <br />bondholder review. <br />General Obligation Bonds. General Discussion . <br />General obligation bonds are primarily authorized under Minnesota Statutes, Chapter 475. I <br />They provide the best security for bond holders (translating into the lowest borrowing cost), but <br />unless otherwise specifically authorized, require the passage of a bond referendum. Because <br />of the pledge of property taxes if needed for debt service, general obligation bonds are the I <br />most attractive to the market of any type of credit. It is possible for a single or a small group of <br />primary users to finance bonds under their general obligation with underlying general <br />obligation pledges from other users, or alternatively, the full group of identified users could <br />finance the bonds. There are several disadvantages of the second alternative. They include -. <br />the administrative coordination required for the bond issuance process, the difficulty of <br />DRAFT REPORT 5/30/96 Page 9 . <br /> ---.--- <br />
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