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15 ATTACHMENT
City of Pleasanton
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2007
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110607
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15 ATTACHMENT
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11/1/2007 3:07:35 PM
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11/1/2007 2:25:21 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
11/6/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENT
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General Obligation Bonds. Since the passage of Proposition 46 on the June 3, 1986 ballot, <br />cities have been able to issue general obligation bonds to acquire, construct, or improve real property. <br />General obligation bond issues are the most efficient form of long-term debt financing because the <br />issues do not require a reserve fund nor funded interest (i.e., capitalized interest) during construction <br />or acquisition of the project financed with the proceeds of the bonds. Therefore, general obligation <br />bond issues are smaller in size and annual total debt is correspondingly lower than that of any other <br />form of long term debt financing. The major disadvantage of a general obligation bond is the <br />required 2/3rds-majority voter approval and the inequities created by Proposition XIII in the assessed <br />valuations amongst property owners/homeowners. Another issue one must consider when issuing <br />general obligation bonds is the time necessary to educate the voters about the need for the financing <br />program, to hold the election, and then to structure the issue and sell the bonds. An election for the <br />issuance of general obligation bonds can only occur on certain dates every year. The dates for a <br />general obligation bond election in 2008 are February 5th, June 3`d, and November 4th. Also, it should <br />be noted that there are long lead times for these elections. For example, the cutoff date for <br />information to the Alameda County Registrar's Office for the February 5, 2008 election is October <br />31, 2007. Finally it should be noted that these elections can be costly. Estimates can be as high as <br />$150,000 depending on printing costs and if there are any other items on the ballot to share in the <br />cost. Therefore, it is important that the ballot initiative is well planned, organized, supported by the <br />community and therefore, successful at the polls. <br />Certi tcates of Participation. Certificates of Participation are a subset of the general <br />financing technique known as lease/purchase financing. Within the tax-exempt realm a <br />lease/purchase or installment sale obligation is an arrangement whereupon a municipality in <br />consideration for the use of equipment and/or real property contracts to make lease payments over a <br />specified period of time. At the conclusion of this contract, the lessee (municipality) has the right to <br />purchase the leased capital items at a nominal amount (usually $1) or ownership may have already <br />transferred by reason of an installment sale contract. If the financing is structured correctly to meet <br />the requirements established by the federal government, the lease payments to the lessor are exempt <br />from federal and state income taxation. The lessor, therefore, requires a lower rate of return from the <br />financial contract (lease); lowering the interest costs to the lessee. The City has now, through this <br />financial instrument, accessed the tax-exempt debt market. The major advantage of a certificate of <br />participation financing mechanism is that it does not require voter approval. In California in a city <br />(such as Pleasanton), the legislative body (i.e., City Council) is empowered to enter into <br />lease/purchase financings. The major disadvantage of a certificate of participation is "where is the <br />revenue going to come from in order to make the annual lease payment?" In the case of a general <br />obligation bond (and the reason why voter approval is required) the annual debt service is paid <br />through the levying of an ad valorem tax. In the case of certificates of participation, the annual lease <br />payment is typically paid with excess City funds and/or excess revenues over expenditures. <br />Therefore, no new tax is generated and the basis for why voter approval is not required for this type <br />of financing. <br />Parcel Tax and Benefit Assessment. Super majority (67%) voter approval would be required <br />in order to levy a parcel tax and simple majority (50%+1) would be required to levy a benefit <br />assessment. This type of tax or assessment has been used throughout California to finance <br />emergency and paramedic services and improvements. The advantage of this type of a tax is that the <br />actual amount of the tax per household, business, etc. can be structured in such a way that it is <br />reflective of the benefit derived from the improvement or service. This is, as opposed to, the general <br />obligation bond tax that can only be based on assessed valuation. In the case of the parcel tax or <br />benefit assessment, the tax can be based on anything except assessed valuation. Benefit assessments <br />
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