HomeMy WebLinkAbout17 Brandis Tallman SCIP vs Traditional CFD Presentation 6-6-18
Traditional vs. Conduit Issuer Rick Brandis, PresidentNicki Tallman, CEO Secured Financing -Land
About Brandis Tallman LLC 2 Crossing CFD Bonds.restructure and refund 2004 and 2005 Gray’s Over time have been working with TDPUD to •CFD Refunding Bonds Directly placed TDPUD’s 2014
Old Greenwood •over six yearsPrincipals have been working with TDPUD for •secured debt for over 25 years-Principals have structured and underwritten land•2002 dedicated to California
Public Financeservice investment banking firm founded in -ullF•
Overview of CF 3ratingissued without a owner, typically of property : Not a debt Note BondsSpecial Assessment Limited Obligation LevyAssessment LienSpecial Tax Property Tax RollCollected
on County (mortgage/commercial loan) on the property.to any private debt seniorproperty taxes. Therefore, both are Special taxes & assessments share the legal lien status of Facilities
Dist.)(Community Special Tax BondsRoos-Mello)(Land & ImprovementsSecured by Real Property Bonds to Finance Capital ImprovementsLand Secured DsAs vs. D
The Community Facilities District (CFD) 4 thirds (⅔) affirma?ve vote is required. -A two•acre owned. landowner. Each landowner gets one vote for each acre or portion of If less than 12
registered voters reside in the CFD, the vote is by •votersIf at least 12 registered voters reside in the CFD, vote is by registered •The Vote for approval. Who votes?levy of the Special
Tax are submitted to property owners in the CFD Following a public hearing, both the formation of the CFD and the •the Special Taxand FormationDistrict property (a “Special Tax”).contiguous
property and levy a special tax on such -contiguous or nonagency can form a community facilities district (a “CFD”) over Roos Community Facilities Act of 1982, a public -Pursuant to
the Mello•The Act
The Special Tax 5 reasonable.The only statutory standard for the Special Tax is that it be •moves through the development process.It is very common for property to be taxed differently
as it •designationAcreage, simple flat parcel tax, area/vicinity, or land use –economic sense. For example, by:The Special Tax can be crafted in any manner that makes •benefit received
by the CFD.The Special Tax does not need to be linked to a special •
The Assessment District 6assessment.the assessment. Ballots are weighted according to the amount of the proposed Assessments may only be imposed if a majority of the ballots returned
support •Proposition 218.Assessments must comply with notice, hearing & voting requirements of •The Vote establishing ADs and issuing bonds.In addition, the Improvement Bond Act of
1911 allows for both •bonds.The Improvement Bond Act of 1915 provides for the issuance of •Issue BondsThe 1915 Act: Districts (“ADs”).The Municipal Improvement Act of 1913 establishes
Assessment •Establish DistrictThe 1913 Act:
The Levy of Special Assessments 7 portion of the assessment (or an alternative source of funding is identified).Any land which receives a special benefit from the project needs to be
allocated a •proportion to the special benefit conferred.Special benefit must be specifically identified and allocated to benefitted parcels in •sources of legally available funds (i.e.
Cash or CFD financing).Cost of improvements that impart general benefit must be financed from other •General enhancement of property value does not constitute ‘special benefit’.”benefit
covered on real property located in the AD or to the public at large. Special benefit means “a particular and distinct benefit over and above general •benefit and general benefit.Proposition
218 Article XIIID expressly recognizes the distinction between special •received.Assessments can only be calculated based on the allocation of special benefit •(Important due to recent
court cases)
Traditional CFD/AD 8(can access market at best time)Flexible timing for district formation and issuance of bonds •AgencyRMA to benefit developers, property owners, and Local Ability
and time to structure district formation, tax levy, and •Issuer participation throughout process, requires staff time•Market rates/negotiable costs of issuance•Issuer has the option
to hire a Municipal Advisor•Local Agency selects financing team•Local Agency issues bonds on behalf of CFD/AD•Single CFD/AD financing•Driven by Local Agency•
Alternative to Traditional CFD/AD:9 FeeAgency as Issuer often receives an Admin Traditional CFD/AD underwriter fee = approx. 1.50% of par; Local –goes to charity)1.00% of par (.25% of
issuer fee goes back to local agency and .25% 2.00% of par; CMFA charges an issuer fee of -underwriter fee = 1.50% Development) (Bond Opportunities for Land CMFA BOLD : Example–an issuer
fee of 1.50% of par; Example: CSCDA SCIP underwriter fee = 2.50% of par; CSCDA charges –Costs are higher with a Conduit Issuer•Local Agency does not have Municipal Advisor during process
•Financing team is predetermined•Local agency is subject to weaker credits in pool.–Bonds are often issued with higher interest rates.–Credit of financing is determined by weakest link
in pool.–Pooled AD/CFD Financings•Developer Driven•Conduit Pooled Financing
Alternative to Traditional 10 Local Agency must comply with Pool timing–Timing is predetermined•AgencyNo (very little) staff time is required from Local •very helpful tool for Gray’s
Crossing) delinquent parcels (a for future reserve Ability to collect •Maintenance/Service tax levy•tax levy -go and max-Period of pay•Lose control of negotiation –Standard set of documents
are issued•Financing ContinuedPooled Conduit CFD/AD:
Land 11 improvementsLevy of continued service/maintenance tax after levy for capital –determining changes in tax levygo period over which max tax is levied and conditions for -Pay–Ability
to negotiate •SaleTiming of Bond –Financing Team–Costs–Transaction Control•Separate commercial development standards•Percentage of homes sold•Percentage of development•Lien-to-Value•Establishes
credit standards for financing before bonds are sold–Local Debt Policy takes priority•ConsiderationsSecured Financing -
Conclusion Advantages/disadvantages of Conduit Issuer will vary depending on Local Agency’s goals 12 ownersdebt service for property higher higher interest rates bonds issued with –link
Credit is based on weakest ••specific Local Agency needsstructure may not meet ack of control of tax L•Disadvantages of Conduit Issuer any input secured debt without -landLocal Agencies
can issue Infrequent or inexperienced •pooled financingWeaker credits benefit from •need for valuable staff timeOffers financing without •secured bond issues-landProvides a vehicle
for small •Advantages of Conduit Issuer