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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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Template:
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 which enforceable obligations (as defined in the Dissolution Act) of the successor agency are listed, <br />together with the source of funds to be used to pay for each enforceable obligation. As defined in the Dissolution <br />Act, "enforceable obligation" includes bonds, including the required debt service, reserve set -asides, and any <br />other payments required under the indenture or similar documents governing the issuance of the outstanding <br />bonds of the former redevelopment agency, as well as other obligations such as loans, judgments or settlements <br />against the former redevelopment agency, any legally binding and enforceable agreement that is not otherwise <br />void as violating the debt limit or public policy, contracts necessary for the administration or operation of the <br />successor agency, and amounts borrowed from the Low and Moderate Income Housing Fund and from the city. <br />A reserve may be included on the ROPS and held by the successor agency when required by the bond indenture <br />or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the <br />bond for the next payment due in the following six-month period (see APPENDIX A — "SUMMARY OF <br />CERTAIN PROVISIONS OF THE INDENTURE"). The Successor Agency has covenanted to request such <br />reserves as described below. <br />Under the Dissolution Act, the categories of sources of payments for enforceable obligations listed on a <br />ROPS are the following: (i) the Low and Moderate Income Housing Fund, (ii) bond proceeds, (iii) reserve <br />balances, (iv) administrative cost allowance, (v) the RPTTF (but only to the extent no other funding source is <br />available or when payment from property tax revenues is required by an enforceable obligation or otherwise <br />required under the Dissolution Act), or (vi) other revenue sources (including rents, concessions, asset sale <br />proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved <br />by the oversight board). Other than amounts deposited in the RPTTF allocable to the Project Area and amounts <br />held in funds and accounts under the Indenture, the Successor Agency does not expect to have any other funds <br />available to pay the Bonds. <br />The Dissolution Act provides that only those payments listed in the ROPS may be made by the <br />Successor Agency from the funds specified in the ROPS. <br />Required Approvals. As provided in SB 107, the ROPS, with respect to each Fiscal Year, and <br />segregated into each six-month period beginning July 1 and January 1, must be submitted by the Successor <br />Agency, after approval by the Oversight Board, to the the County Auditor -Controller, the State Department of <br />Finance, and the State Controller by each February 1. For information regarding procedures under the <br />Dissolution Act relating to late ROPS and implications thereof on the Bonds, see "RISK <br />FACTORS - Recognized Obligation Payment Schedule." <br />Pursuant to SB 107, commencing on September 22, 2015, successor agencies that have received a <br />Finding of Completion and the concurrence of the Department of Finance as to the items that qualify for <br />payment, among other conditions, may at their option, file a "Last and Final" ROPS. If approved by the <br />Department of Finance, the Last and Final ROPS will be binding on all parties, and the Successor Agency will <br />no longer submit a ROPS to the Department of Finance or the Oversight Board. The county auditor -controller <br />will remit the authorized funds to the Successor Agency in accordance with the approved Last and Final ROPS <br />until each remaining enforceable obligation has been fully paid. A Last and Final ROPS may only be amended <br />twice, and only with approval of the Oversight Board, the Department of Finance and the County Auditor - <br />Controller. The Successor Agency has not yet submitted a Last and Final ROPS nor has it yet determined a time <br />to file a Last and Final ROPS. <br />Debt Service. In the Indenture, the Successor Agency covenants to take all actions required under the <br />Dissolution Act to include on its ROPS the amounts described below to be transmitted to the Trustee for the <br />applicable ROPS Period in order to satisfy the requirements of the Indenture, including the principal and interest <br />due on Outstanding Bonds and any Parity Debt, any Compliance Costs, as defined in the Indenture, any <br />deficiency in the Reserve Account to the full amount of the Reserve Requirement. The Successor Agency shall <br />submit an Oversight Board -approved ROPE to the County Auditor -Controller and the Department of Finance on <br />or before February 1 with respect to the ROPS Period commencing the following July 1 and paid on June 1 of <br />the same year and January 2 of the following year. <br />16 <br />SA -3-30 <br />
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