HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2007 - SECOND READING OF ORDINANCE NO. 066, 2007, APPROPR ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: June 5, 2007
FORT COLLINS CITY COUNCIL STAFF: Chuck Seest
SUBJECT
Second Reading of Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding
Certificates of Participation ("COPs"), Series 2007 Representing Assignments of the Right to
Receive Certain Revenues Pursuant to an Amended and Restated Lease Agreement dated as of May
1, 2007, Between the Fort Collins Leasing Corporation and the City of Fort Collins for the Purpose
of Refunding the 1998 and 1999 COPS and for Costs of Issuance of the 2007 Refunding COPs.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The Finance Department monitors the interest rate environment for opportunities to refinance the
City's debt and achieve savings for the organization. This Ordinance,unanimously adopted on First
Reading on May 15,2007, appropriates in the Fort Collins Leasing Corporation Debt Service Fund,
$14,595,000 of proceeds from the 2007 Refunding COPs issued for the purpose of refunding the
1998 and 1999 Certificates of Participation that were originally issued for the construction of the
City's Mason Street Parking Structure,the 215 North Mason Office Building and an off-site Police
Facility and the payment of costs associated with the 2007 refunding transaction. This refunding
resulted in$997,419 in savings to the City over the next 11 years. The refunding was also structured
to realize $759,907 of those savings in fiscal year 2007.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- May 15, 2007.
ATTACHMENT 1
ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: May 15, 2007
FORT COLLINS CITY COUNCIL FF: Chuck Seest
SUBJECT V�l k-.j I— 3i
First Reading of Ordinance No.066,2007,Appropriating Proceeds from the Refunding Certificates
of Participation ("COPs"), Series 2007 Representing Assignments of the Right to Receive Certain
Revenues Pursuant to an Amended and Restated Lease Agreement dated as ofMay 1,2007,Between
the Fort Collins Leasing Corporation and the City of Fort Collins for the Purpose of Refunding the
1998 and 1999 COPs and for Costs of Issuance of the 2007 Refunding COPS.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
-P EXECUTIVE SUMMARY
The Finance Department monitors the interest rate environment for opportunities to refinance the
City's debt and achieve savings for the organization. This Ordinance would appropriate in the Fort
Collins Leasing Corporation Debt Service Fund,$14,595,000 of proceeds from the 2007 Refunding
COPS issued for the purpose of refunding the 1998 and 1999 Certificates of Participation that were
originally issued for the construction of the City's Mason Street Parking Structure, the 215 North
Mason Office Building and an off-site Police Facility and the payment of costs associated with the
2007 refunding transaction. This refunding resulted in$997,419 in savings to the City over the next
11 years. The refunding was also structured to realize$759,907 of those savings in fiscal year 2007.
BACKGROUND
On March 6,2007,City Counci oplid in ce o. 4 OOµ,which authorized the execution
and delivery by the City of amen d an a sit eement and lease agreement, a
continuing disclosure unde I ag icia at ent and elated documents, concerning the
leasing of the Mason Office Buil ing and t e ason treet irar ing Structure.
Staff and the financial advisor on this transaction originally scheduled a competitive bid for the
Refunding COPS for April 1 Oth. Staff expected the refunding to lower interest rates on the COPs
from 5.07% - 5.60%to an average annual interest rate of 4.50% - 4.75%. This would achieve net
cashflow savings of approximately$700,000.
May 15, 2007 -2- Item No. 11
The week prior to the April 10th competitive bid, the financial advisor was notified of a potential
buyer(JP Morgan Chase) who desired to submit a bid during the week prior to the scheduled sale.
JP Morgan Chase had pursued a similar refunding of the City of Lakewood's COPs during the past
year. Staff confirmed with Lak ost a It achieved in their transaction
with JP Morgan Chase. The fi cial a sor w P w Morgan Chase andadvisd Citystaff that Fort Collins should a mini m, c o It should also be noted that the
economic news during the first w fAp snd ket to sell-off,so the City's ability
to achieve its targeted results was becoming questionable.
On Friday April 6th, JP Morgan Chase submitted a bid of 3.86% for the COPS. Its bid also waived
the requirement of bond insurance on the COPS. Bond insurance addresses the buyer's risk in the
event of default on a payment from the City. It is a requirement of the market for a majority of
competitive bids. Staff was very pleased and accepted the bid and scheduled a May 1 st closing
pending due diligence by JP Morgan Chase's outside bond counsel.
The pricing outperformed the anticipated parameter and resulted in net cashflow savings of
$997,419. Of that amount, $759,907 will be realized by the General Fund during 2007. At the
closing, JP Morgan Chase informed City staff that the Refunding COPS were purchased for its
holding company to be held within the JP Morgan Chase's inventory. JP Morgan Chase stated it was
willing to buy the COPs unins"sun'
se assi s high value to the City's strong
bond credit rating which waso 's uring the process prior to the
competitive bid. By purchasid out the use of an underwriter, JP
Morgan Chase saved the Cityf al issuance costs. In summary, JP
Morgan Chase provided an offer that was equal to or better than an insured rate resulting from a
competitive bid and without insurance or the necessity of an underwriter required by a competitive
bid process.
ORDINANCE NO. 066, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PROCEEDS FROM THE REFUNDING CERTIFICATES OF
PARTICIPATION, SERIES 2007, TO REFUND THE 1998 AND 1999 CERTIFICATES OF
PARTICIPATION AND FOR COSTS OF ISSUANCE OF THE
REFUNDING CERTIFICATES
WHEREAS,on March 6,2007,City Council adopted Ordinance No.041,2007,authorizing
the Council to execute and deliver an amended and restated site agreement and lease agreement, a
continuing disclosure undertaking, an official statement and related documents, concerning the
leasing of the Mason Office Building and the Mason Street Parking Structure, ratifying action
previously taken,and providing other matters related to Refunding Certificates in a principal amount
not to exceed $16,000,000; and
WHEREAS, the marketing and the sale of the refunding certificates of participation at par
resulted in gross proceeds of$14,595,000; and
WHEREAS, proceeds from the refunding certificates of participation of$14,595,000 were
not included in the 2007 budget, and the appropriation of such proceeds is necessary to authorize
the payment to the refunded certificates of participation escrow agent and of issuance costs; and
WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount ofsuch supplemental appropriations,in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, it is the desire of the Council to appropriate the sum of $14,595,000 in
unanticipated revenue in the Fort Collins Leasing Corporation Debt Service Fund for the purpose
of refunding the 1998 and 1999 Certificates of Participation that were originally issued for the
construction of the Mason Street Parking Structure, the 215 North Mason Office Building and an
off-site Police Facility and the payment of costs associated with the 2007 refunding transaction.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, subsequent to the closing of the Series 2007 refunding certificate of participation
transaction on May 3,2007,the proceeds ofthe transaction in the amount of FOURTEEN MILLION
FIVE HUNDRED AND NINETY-FIVE THOUSAND DOLLARS ($14,595,000) are hereby
appropriated in the Fort Collins Leasing Corporation Debt Service Fund for payment to the
refunding certificates escrow agent and refunding certificates issuance costs.
Introduced, considered favorably on first reading, and ordered published this 15th day of
May, A.D. 2007, and to be presented for final passage on the 5 y of June, A.D. 2007.
i
May r
ATTEST:
L
City Clerk
Passed and adopted on final reading on the 5th day of June, A.D. 2007.
Mayor
ATTEST:
City Clerk