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CCP 07-15-1996
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CCP 07-15-1996
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<br /> . . . <br /> There is no obligation beyond revenues of the facility to provide for debt service payments . <br /> themselves. <br /> Lease Purchase Revenue Bonds -. <br /> An Economic Development Authority ("EDN') or under certain circumstances, a Housing and . <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 . <br /> primary users with subleases to the other contractually obligated users. Bond opinions have <br /> differed on whether an H RA can fund projects that are not redevelopment projects involving <br /> removal of existing structures. <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~ by the . <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, I <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 . <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 <br /> market because of i) the nonessential nature of the project ii) recent non-appropriations for I <br /> similar bond structures sold for other purposes and i1i) 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 <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 e. <br /> the administrative coordination required for the bond issuance process, the difficulty of <br /> DRAFT REPORT 5/30/96 Page 9 . <br />
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