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55A - RESO - GAS TAX BONDS
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11/05/2019
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55A - RESO - GAS TAX BONDS
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Last modified
10/30/2019 12:55:49 PM
Creation date
10/30/2019 11:40:51 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
11/5/2019
Destruction Year
2024
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Gasoline Sales Subject to Fluctuation <br />The collection of taxes imposed on the purchase of motor vehicle fuels is necessarily subject to <br />fluctuations in spending which is affected by, among other things, general economic cycles. Gas Tax Revenues <br />may increase along with the increasing fuel prices brought about by inflation, but collections also are vulnerable <br />to adverse economic conditions and reduced spending and may decrease as a result. Consequently, the rate of <br />collection of taxes imposed on the purchase of motor vehicle fuels and, particularly, Gas Tax Revenues may be <br />expected to correspond generally to economic cycles, patterns of usage of automobiles and truck transport, <br />alternative transportation and energy sources as may be developed, and changes in population and density, among <br />other factors. The City has no control over general economic cycles, alternate energy sources, or changes in usage <br />over time, and is unable to predict what economic factors, demands, changes in use or cycles of collection will <br />occur while the Bonds remain outstanding. <br />Secondary Market for Bonds <br />There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market <br />exists, that any Bonds can be sold for any particular price. Occasionally, because of general market conditions or <br />because of adverse history or economic prospects connected with a particular issue, secondary marketing practices <br />in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market <br />is being made will depend upon then -prevailing circumstances. Such prices could be substantially different from <br />the original purchase price. <br />Federal Tax -Exempt Status of the Bonds <br />The Internal Revenue Code of 1986, as amended (the "Code') imposes a number of requirements that <br />must be satisfied for interest on state and local obligations, such as the Bonds, to be excludable from gross income <br />for federal income tax purposes. These requirements include limitations on the use of Bond proceeds, limitations <br />on the investment earnings on Bonds proceeds prior to expenditure, a requirement that certain investment earnings <br />on the Bond proceeds be paid periodically to the United States and a requirement that the issuers file an <br />information report with the Internal Revenue Service (the "IRS'). The City has covenanted in certain of the <br />documents referred to herein that it will comply with such requirements. Failure to comply with the requirements <br />stated in the Code and related regulations, rulings and policies may result in the treatment of interest on the Bonds <br />as taxable, retroactively to the date of issuance of such Bonds. The Bonds are not subject to early redemption in <br />the event of taxability. <br />IRS Audit of Tax -Exempt Issues <br />The IRS has initiated an expanded program for the auditing of tax-exempt issues, including both random <br />and targeted audits. It is possible that the Bonds will be selected for audit by the IRS. It is also possible that the <br />market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar <br />obligations). <br />Bond Insurance <br />In the event of default of the payment of the scheduled principal of or interest on the Bonds when all or <br />some becomes due, the Trustee on behalf of any owner of the Bonds shall have a claim under the Policy for such <br />payments. The Insurer may direct and must consent to any remedies with respect to the Bonds and the Insurer's <br />consent may be required in connection with amendments to any applicable documents relating to the Bonds. <br />The Insurer will have the ability to direct the actions of the Trustee, give consents and waivers, and take <br />other actions without regard to the views of the Owners of any Bonds. <br />The S&P long-term ratings on the Bonds are dependent in part on the financial strength of the Insurer and <br />its claims paying ability. The Insurer's financial strength and claims paying ability are predicated upon a number <br />55A6103 <br />
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