5.15.
CC Regular Session
- Meeting Date:
- 05/10/2022
- By:
- Diana Lund, Finance
Information
Title
Adopt Resolution #22-111 Calling for a Public Hearing On the Issuance of Charter School Lease Revenue Bonds (Conduit Debt) and Authorizing the Publication of a Notice of the Hearing (Pact Charter School Project)
Purpose/Background:
| Minnesota Statues, Sections 469.152 through 469.165 allows cities to issue bonds and loan the proceeds to nonprofit corporations to finance capital expenditures. This procedure is known as the issuance of conduit debt. By issuing tax-exempt bonds through the City, the non-profit reduces their borrowing costs due to the tax-exempt status of a city. Pact Charter School is asking for the City to authorize the issuance of a not-to-exceed amount of $43 million in Lease Revenue Bonds of which $11 million will be used to advance refund the outstanding Lease Revenue Bonds on the current Pact Charter School located at 7250 East Ramsey Parkway and $32 million of Lease Revenue Bonds to finance the acquisition of 18 acres of vacant land and the construction of an approximately 115,000 square foot school facility located at or about 7633 161st Avenue. The current Pact Charter School will serve grades kindergarten through fifth grade and the proposed new Pact Charter School will serve grades sixth through twelfth. When Pact School was constructed in 2004, Lease Revenue Bonds were issued in the amount of $11.5 million via conduit debt with the City in February 2004. This issue was advanced refunded in August 2013, in the amount of $11.5 million, again via conduit debt with the City. The Pact Charter School agrees to pay all principal and interest on the bonds, whereas the City is merely a conduit and the money and obligations are between Pact and the Trustee for the bondholders. Pact Charter School will be held responsible for all fees that are incurred for the issuance of this bond. Per the city's conduit debt policy, Pact Charter School would have been required to pay the City 1% of the par of the bonds (or as negotiated based on the size of the issue). A 1/2% fee has been negotiated to cover administrative costs over the life of the bond. Pact Charter School is also required to pay the city for any additional interest costs that the city may incur if the City determines that they need to bond a portion of the water treatment plant (placeholder of up to $10 million as the total costs of project have not been determined at this time). If the City did need to issue debt, the city would incur an additional interest expense due to the city's debt issuance now being considered non-bank qualified instead of bank qualified. To remain bank qualified, which offers lower interest rates, the City must not borrow more than ten million dollars in any one calendar year. The issuance of conduit debt is factored in when determining the city's debt issuance for a calendar year. Thus, Pact's $43M will exceed the ten million dollar cap and if the city does indeed issue debt in 2022, the city will pay an extra estimated 1/4% in interest rates on its issuance. Pact would hold these additional costs in escrow, until it is determined if the city will be issuing their own debt. The proposed public hearing meeting date is scheduled for the regular City Council meeting date of June 14, 2022. A representative from Pact Charter School and their bond underwriter from Baird will be present at the June 14 meeting when the bonds are proposed to be issued. |
Notification:
The public hearing will be submitted for publishing by Taft Stettinius & Hollister, LLP, bond council, with a publication date of May 27, 2022 in the Anoka Union.
Observations/Alternatives:
| Alternative #1: Call for Public Hearing On June 14, 2022. Alternative #2. Do no call for a Public Hearing and deny issuance of Conduit Debt for Pact Charter School. Pact would have to find another government agency to issue on their behalf to take advantage of lower interest rates via conduit borrowing. |
Funding Source:
Incurred expenses will be paid by Pact Charter School.
Recommendation:
Staff recommends approval of Resolution #22-111 calling for a public hearing.
Action:
Motion to recommend City Council adoption of Resolution #22-111 Calling for a Public Hearing On the Issuance of Charter School Lease Revenue Bonds (Conduit Debt) and Authorizing the Publication of a Notice of the Hearing (Pact Charter School Project)
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Kurt Ulrich | 05/05/2022 02:49 PM |
- Form Started By:
- Diana Lund
- Started On:
- 05/02/2022 07:55 AM
- Final Approval Date:
- 05/05/2022