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SA-3 - RESO - REFUNDING BONDS
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10/02/2018
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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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Pursuant to the laws of the State of California, including California Health and Safety Code Sections <br />34183 and 34170.5(b), the County Auditor -Controller is obligated to deposit the Tax Revenues into the RPTTF. <br />In furtherance of the Indenture and the Dissolution Act, and in accordance with the County Auditor -Controller's <br />obligations as set forth in California Health and Safety Code Section 34183, the Successor Agency shall take all <br />steps to ensure that the County Auditor -Controller (1) deposits the Tax Revenues into the RPTTF, (2) allocates <br />funds for the principal and interest payments due on the Outstanding Bonds and any Parity Debt and any <br />deficiency in the Reserve Account (including amounts due to the issuer of the Reserve Policy) pursuant to each <br />valid ROPS in accordance with the Dissolution Act and as provided in the Indenture, and (3) make the transfers <br />to the Trustee required under the Indenture. <br />The Bonds are special obligations of the Successor Agency. The Bonds do not constitute a debt or <br />liability of the City, the County, the State or of its political subdivision, other than the Successor Agency. <br />The Successor Agency shall only be obligated to pay the principal of the Bonds, or the interest thereon, <br />from the funds described in the Official Statement, and neither the faith and credit nor the taxing power <br />of the City, the County, the State or any of its political subdivisions is pledged to the payment of the <br />principal of or the interest on the Bonds. The Successor Agency has no taxing power. <br />The State Legislature has amended the Dissolution Act several times. The Successor Agency expects, <br />but cannot guarantee, that the processes for funding of enforceable obligations prescribed by any new legislative <br />change in the Dissolution Act will not interfere with its administering of the Tax Revenues in accordance with <br />the Indenture and will effectively result in adequate Tax Revenues for the timely payment of principal of and <br />interest on the Bonds when due. <br />See "THE PROJECT AREA - Tax Sharing Agreements" and "- Statutory Tax Sharing Payments." <br />Redevelopment Property Tax Trust Fund <br />Deposits to the Redevelopment Property Tax Trust Fund. Section 34172 of the Dissolution Act <br />provides that, for purposes of Section 16 of Article XVI of the State Constitution, the RPTTF shall be deemed to <br />be a special fund of the Successor Agency to pay the debt service on indebtedness incurred by the Former <br />Agency or the Successor Agency to finance or refinance the redevelopment projects of the Former Agency. <br />Disbursements from the Redevelopment Property Tax Trust Fund. The Redevelopment Law <br />authorized redevelopment agencies to make payments to Taxing Agencies to alleviate any financial burden or <br />detriments to such Taxing Agencies caused by a redevelopment project. The Former Agency entered into <br />agreements with the Taxing Agencies for this purpose ("Tax Sharing Agreements"). Additionally, Sections <br />33607.5 and 33607.7 of the Redevelopment Law required mandatory tax sharing applicable to redevelopment <br />projects adopted on or after March I, 1994 or amended after January 1, 1994 in a manner specified in such <br />section (the "Statutory Tax Sharing"). Because the redevelopment projects for each redevelopment plan were <br />merged after March 1, 1994, the Successor Agency is obligated to make Statutory Tax Sharing payments. See <br />"THE PROJECT AREA - Tax Sharing Agreements" and "- Statutory Tax Sharing Payments"). <br />Typically, under the RPTTF distribution provisions of the Dissolution Act, a county auditor -controller is <br />to distribute funds for each six-month period in the following order specified in Section 34183 of the <br />Dissolution Act: <br />(i) first, subject to certain adjustments (as described below) for subordination to the extent <br />permitted under the Dissolution Act (if any, as described below under "THE PROJECT AREA - Tax <br />Sharing Agreements" and "- Statutory Tax Sharing Payments") and no later than each January 2 and <br />June 1, to each local taxing agency and school entity, to the extent applicable, amounts required for <br />pass-through payments such entity would have received under provisions of the Redevelopment Law, as <br />those provisions read on January 1, 2011, including negotiated pass-through agreements and statutory <br />pass-through obligations; <br />14 <br />SA -3-28 <br />
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