My WebLink
|
Help
|
About
|
Sign Out
Home
10A Action 2014 0902
CityHall
>
City Clerk
>
City Council
>
Agenda Packets
>
2014
>
Packet 2014 0902
>
10A Action 2014 0902
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/15/2014 10:09:04 AM
Creation date
8/26/2014 5:28:19 PM
Metadata
Fields
Template:
CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/2/2014
Retention
PERM
Document Relationships
_CC Agenda 2014 0902 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0902
SA Reso 2014-004
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
102
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Download electronic document
View images
View plain text
<br />57 <br />Challenges to Dissolution Act <br /> <br />Several successor agencies, cities and other entities have filed judicial actions <br />challenging the legality of various provisions of the Dissolution Act. One such challenge is an <br />action filed on August 1, 2012, by Syncora Guarantee Inc. and Syncora Capital Assurance Inc. <br />(collectively, “Syncora”) against the State, the State Controller, the State Director of Finance, <br />and the Auditor-Controller of San Bernardino County on his own behalf and as the <br />representative of all other County Auditors in the State (Superior Court of the State of California, <br />County of Sacramento, Case No. 34-2012-80001215). Syncora are monoline financial guaranty <br />insurers domiciled in the State of New York, and as such, provide credit enhancement on bonds <br />issued by state and local governments and do not sell other kinds of insurance such as life, <br />health, or property insurance. Syncora provided bond insurance and other related insurance <br />policies for bonds issued by former California redevelopment agencies. <br /> <br />The complaint alleged that the Dissolution Act, and specifically the “Redistribution <br />Provisions” thereof (i.e., California Health and Safety Code Sections 34172(d), 34174, 34177(d), <br />34183(a)(4), and 34188) violate the “contract clauses” of the United States and California <br />Constitutions (U.S. Const. art. 1, §10, cl.1; Cal. Const. art. 1, §9) because they <br />unconstitutionally impair the contracts among the former redevelopment agencies, bondholders <br />and Syncora. The complaint also alleged that the Redistribution Provisions violate the “Takings <br />Clauses” of the United States and California Constitutions (U.S. Const. amend. V; Cal Const. <br />art. 1 § 19) because they unconstitutionally take and appropriate bondholders’ and Syncora’s <br />contractual right to critical security mechanisms without just compensation. <br /> <br />After hearing by the Sacramento County Superior Court on May 3, 2013, the Superior <br />Court ruled that Syncora’s constitutional claims based on contractual impairment were <br />premature. The Superior Court also held that Syncora’s takings claims, to the extent based on <br />the same arguments, were also premature. Pursuant to a Judgment stipulated to by the parties, <br />the Superior Court on October 3, 2013, entered its order dismissing the action. The Judgment, <br />however, provides that Syncora preserves its rights to reassert its challenges to the Dissolution <br />Act in the future. The Successor Agency does not guarantee that any reassertion of challenges <br />by Syncora or that the final results of any of the judicial actions brought by others challenging <br />the Dissolution Act will not result in an outcome that may have a material adverse effect on the <br />Successor Agency’s ability to timely pay debt service on the 2014 Bonds. <br /> <br />Reduction in Taxable Value <br /> <br />Tax increment revenue available to pay principal of and interest on the 2014 Bonds are <br />determined by the amount of incremental taxable value in the Project Areas and the current rate <br />or rates at which property in the Project Areas is taxed. The reduction of taxable values of <br />property in the Project Areas caused by economic factors beyond the Successor Agency’s <br />control, such as relocation out of the Project Areas by one or more major property owners, sale <br />of property to a non-profit corporation exempt from property taxation, or the complete or partial <br />destruction of such property caused by, among other eventualities, earthquake or other natural <br />disaster, could cause a reduction in the tax increment available to pay debt service on the 2014 <br />Bonds. Such reduction of tax increment available to pay debt service on the 2014 Bonds could <br />have an adverse effect on the Successor Agency’s ability to make timely payments of principal <br />of and interest on the 2014 Bonds; this risk could be increased by the significant concentration <br />of property ownership in the Project Areas (see “THE PROJECT AREAS – Major Taxable <br />Property Owners”). <br />
The URL can be used to link to this page
Your browser does not support the video tag.