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10B Action 2009 1221
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10B Action 2009 1221
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12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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outstanding at any time. Redevelopment activity can occur for thirty years, until July 19, 2029. <br />See "THE AGENCY AND THE PROJECT AREAS -Limitations on Housing Tax Revenues." <br />The Agency has no power to levy and collect property taxes, and any property tax <br />limitation, legislative measure, voter initiative or provisions of additional sources of income to <br />taxing agencies having the effect of reducing the property tax rate, could reduce the amount of <br />Housing Tax Revenues that would otherwise be available to pay debt service on the 2010 <br />Bonds and, consequently, the principal of, and interest on, the 2010 Bonds. Likewise, <br />broadened property tax exemptions could have a similar effect. See "RISK FACTORS" and <br />"LIMITATIONS ON HOUSING TAX REVENUES AND POSSIBLE SPENDING LIMITATIONS" <br />herein. <br />THE 2010 BONDS ARE NOT A DEBT, LIABILITY OR OBLIGATION OF THE STATE <br />OF CALIFORNIA, THE CITY OR ANY OF ITS POLITICAL SUBDIVISIONS, AND NEITHER <br />THE STATE, THE CITY NOR ANY OF ITS POLITICAL SUBDIVISIONS (OTHER THAN THE <br />AGENCY) IS LIABLE THEREON. THE AGENCY HAS NO TAXING POWER. THE 2010 <br />BONDS ARE REVENUE BONDS, PAYABLE EXCLUSIVELY FROM THE HOUSING TAX <br />REVENUES AND OTHER FUNDS AS PROVIDED IN THE INDENTURE. THE OBLIGATIONS <br />OF THE AGENCY UNDER THE 2010 BONDS ARE PAYABLE SOLELY FROM HOUSING TAX <br />REVENUES ALLOCATED TO THE AGENCY FROM THE PROJECT AREAS. <br />In consideration of the acceptance of the 2010 Bonds by those who shall hold the same <br />from time to time, the Indenture constitutes a contract between the Agency and the Owners <br />from time to time of the 2010 Bonds, and the covenants and agreements set forth therein to be <br />performed on behalf of the Agency are for the equal and proportionate benefit, security and <br />protection of all owners of the 2010 Bonds without preference, priority or distinction as to <br />security or otherwise of any of the 2010 Bonds over any of the others by reason of the number <br />or date thereof or the time of sale, execution and delivery thereof, or otherwise for any cause <br />whatsoever, except as expressly provided in the 2010 Bonds or in the Indenture. <br />Issuance of Additional Debt <br />Parity Debt. In addition to the 2010 Bonds, the Agency may, by Supplemental <br />Indenture, issue additional bonds or incur other loans, advances or indebtedness payable from <br />Housing Tax Revenues on a parity with the 2010 Bonds ("Parity Debt") to finance <br />redevelopment activities with respect to the Redevelopment Project in such principal amount as <br />shall be determined by the Agency. The Agency may issue and deliver any such Parity Debt <br />subject to specific conditions set forth in the Indenture, including the following: <br />(i) No event of default under the Indenture, under any Parity Debt Instrument or <br />under any Subordinate Debt Instrument shall have occurred and be continuing, and the Agency <br />shall otherwise be in compliance with all covenants set forth in the Indenture; <br />(ii) The Housing Tax Revenues estimated to be received for the then current Fiscal <br />Year, based on the most recent assessed valuation of property in each Project Area (excluding <br />taxes attributable to a tax rate levied by a taxing agency after January 1, 1989 for the purpose <br />of producing revenues in an amount sufficient to make annual repayments of the principal of, <br />and the interest on, any bonded indebtedness of such taxing agency), as evidenced in writing <br />from the ,County Assessor or other appropriate official of the County, plus any Additional <br />Revenues, shall be at least equal to one hundred twenty five percent (125%) of Maximum <br />Annual Debt Service, including annual debt service on the proposed Parity Debt; <br />-12- <br />
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