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Item 14 - Community Facilities Dist 1 Debt Service Payment Due -- AGENDA REPORT SUMMARY - - TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Executive Dire~ ^ INITIATED BY: John D. Fitch, Assistant City Manager~H Peggy A. Stewart, Director of Administ ative servic~ DATE: August 1, 1995 SUBJECI': Community Facilities District No.1 Debt Service Payment Due August 2, 1995; and Community Facilities District No. 88-1 Debt Service Payment Due August 8, 1995 ABSTRACI' The City has been notified by the County Tax Collector's Office that certain property owners in Community Facilities District No.1 {C.F. Poway Ltd.} and Community Facilities District No. 88-1 {Parkway Business Centre} are delinquent on their first and second installments of special taxes for fiscal year 1994-95. This report authorizes a draw on the reserves from Community Facilities Districts No.1 and - No. 88-1 in the amounts of $581,602.25 and $851,907.38 to cover the debt service payments of $1,436,366.25 and $1,745,020.00, respectively. ENVIRONMENTAL REVIEW Environmental review is not required for this agenda item according to CEQA guidelines. FISCAL IMPACI' The bond reserves for Community Facilities Districts No.1 and No. 88-1 have adequate funds to cover a draw of $581,602.25 and $851,907.38, respectively, for the August 2 and August 8, 1995 debt service payments. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the City Council authorize a draw of $581,602.25 and $851,907.38 from the bond reserve fund balances of Community Facilities Districts No.1 and No. 88-1 for payment of debt service due on August 2 and August 8, 1995. ~ ACI'ION I 1 of 4 AUG 1 1995 11 EM 14 AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager\Executi~e Dir~ INITIATED BY: John D. Fitch, Assistant City Manager~~ Peggy A. Stewart, Director of Administ tive servicetJP DATE: August 1, 1995 SUBJECT: Community Facilities District No.1 Debt Service Payment Due August 2, 1995; and ComIUnity Facilities District No. 88-1 Debt Service Payment Due August 8, 1995 BACKGROUND Communi tv Facilities District No. 1 In December 1985, the City Council approved the formation of the South Poway Community Facilities District No.1 to provide for the issuance of special tax bonds to finance the construction and acquisition of public improvements within the South Poway Planned Community Area. Initially, $30,000,000 in bonds were issued under the provisions of the Mello-Roos Community Facilities Act of 1982 which authorized the levy of a special tax on the property within the district boundary to service the debt on the bonds. Due to a downturn in interest rates, it was determined that the developers of the Pomerado Business Park (South Poway Community Facilities District No.1) could realize a substantial savings if refunding bonds were issued to defease the original issue. Therefore on March 3, 1987, the City Council approved the issuance of $32,800,000 in special tax refunding bonds. On December 27, 1994, Cadillac-Fairview, parent company of C.F. Poway, Ltd., major developer for Community Facilities District #1, filed for Canadian bankruptcy court protection to reorganize its outstanding debts. C.F. Poway failed to pay its first and second installments of special taxes for fiscal year 1994-95. We do not anticipate that the taxes will be collected prior to the debt service payment due date of August 2, 1995. The special taxes secure the debt service payment on those bonds. Furthermore, there is a covenant that, in the event of a delinquency on the tax payment, the City would institute judiCial foreclosure proceedings within 120 days of the delinquency. ACTION: jJ 2 of 4 AUG 1 1995 ITEM 14 - - - Agenda Report August 1, 1995 Page 2 Communitv Facilities District No. 88-1 In October 1988, the City Council approved the formation of the Community Facilities District No. 88-1 (Parkway Business Centre) to provide for the issuance of special tax bonds to finance the construction and acquisition of certain public improvements within the District. In NoveMber 1988, the qualified electors of the District authorized the District to incur bond indebtedness not to exceed $45,000,000. These bonds were issued in the total principal amount of $30,000,000 in early 1989 to finance certain public iMprovements. In January 1991, an additional $8,000,000 of Special Tax Bonds, Series 1990, were issued to finance part of the costs of the acquisition and construction of public improvements. On February 26, 1993, Parkway Business Centre Partners, Ltd., a California limited partnership, the majority property owner of land located within the boundaries of Community Facilities District No. 88-1 (Parkway Business Centre) of the City of Poway, filed a Chapter 11 bankruptcy action in United States Bankruptcy Court, Southern District of California, Case No. 93-02076-H-Il. Since that time, the City Attorney's office has initiated and continued with the process of the judicial foreclosure against the property. ..- To date, total payments from delinquent parcels is $1,316,011.15; however, the District does not anticipate sufficient payment of remaining delinquent special taxes prior to the next debt service payment due date. FINDINGS According to the Mello-Roos Bond Act of 1982, special taxes are levied to cover the debt service need within the District. The City Council established the FY 1994-95 special tax charges for Community Facilities Districts No.1 and No. 88-1 on August 9, 1994. Communitv Facilities District No. 1 In order to avoid a default on the bonds, the City drew $726,397.40 from the District's reserve fund for the January 25, 1995 debt service payment. A debt service payment of $1,436,366.25 is due to the Fiscal Agent on the outstanding bonds by August 2, 1995. Community Facilities District No.1 has remaining bond reserve funds of $2,342,031. These reserve funds were established at the time bonds were sold to cover up to one year's debt service payment in the event of delinquencies in the special tax payments. It is recommended that the Council authorize an additional draw from the reserve fund in the amount of $581,602.25 to cover the shortfall for the August 2, 1995 payment. 3 of 4 AUG 1 'TEPA 14 1995 Agenda Report August 1, 1995 Page 3 Communi tv Facilities District No. BB-I In order to avoid drawing on the reserve funds or to avoid a default on the bonds, the City loaned $4,159,659.09 to the District for the February 8, 1993, August B, 1993, and February B, 1994 debt service payments. The City drew $2,025,200.08 from the reserve fund to pay for the August 8, 1994 and February B, 1995 debt service payments. A debt service payment of $1,745,020.00 is due to the Fiscal Agent on the outstanding bonds by August 8, 1995. Community Facilities District No. 88-1 has remaining bond reserve funds of $1,888,942. These reserve funds were established at the time bonds were sold to cover up to one year's debt service payment in the event of delinquencies in the special tax payments. It is recommended that the Council authorize a draw on these funds in the amount of $B51,907.38 to cover the August 8, 1995 debt service payment. ENVIRONMENTAL REVIEW Environmental review is not required for this agenda item according to CEQA guidelines. FISCAL IMPACT The bond reserves for Community Facilities Districts No.1 and No. 88-1 have adequate funds to cover a draw of $581,602.25 and $851,907.38, respectively, for the August 2 and August 8, 1995 debt service payments. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the City Council authorize a draw of $581,602.25 from Community Facilities District No.1 bond reserve fund balance for payment of debt service due on August 2, 1995, and $B51,907.38 from the bond reserve fund balance of Community Facilities District No. 88-1 for paYMent of debt service due on August 8, 1995. JLB:JDF:PAS:eg e:\city\adMn8erv\d;rector\debtsyc.agn 4 of 4 AUG 1 1995 ITEM 14