Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-500Ord.No:          19305

Agenda Title:

22-500 - 1R.  An ordinance authorizing the borrowing of not to exceed $74,780,000 from the Missouri Development Finance Board in connection with the financing and refinancing of certain costs related to construction and improvement of a Multipurpose Events Center; approving the form of and authorizing the execution of a Supplemental Financing Agreement relating thereto with the Missouri Development Finance Board; providing for the administration of certain special allocation funds previously created by the City; prescribing other matters relating thereto; and declaring an emergency. 
Recommendations:

Pass Ordinance
Executive Summary:

Staff along with Gilmore Bell as our Bond Counsel and Baker Tilly serving as our Municipal Advisor has created a refunding and improvement option for the outstanding Series 2012C Infrastructure Facilities Revenue Bonds. In July of 2021, the Event Center CID engaged Robert W. Baird, & Co. as the Underwriter for the debt refunding to further refine the plan and to assist with selling the debt. 

 

The Ordinance authorizes the City to borrow up to $74,780,000 for the purpose of:

  1. refunding $63.1 million of the outstanding Series 2012C Bonds, and
  2. utilize the combined savings of the refunding plan, along with the refunding savings from the 2021 Events Center refinancing of the 2011A bonds, to  finance approximately $9.8 million of improvements to the Events Center.

 

The Ordinance further authorizes the officers of the City to execute all documents and take actions to complete the transaction.  The officers of the City are only able to complete the transaction if the results of the sale are within the following parameters:

 

  • The maximum principal amount of the Series 2022 Bonds shall not exceed $74,780,000. 
  • The True Interest Cost of the Series 2022 Bonds shall not exceed 4.50%.
  • The weighted average maturity of the Bonds shall be between 7 years and 14 years.
  • The final maturity date of the Bonds shall be not later than the year 2038.
  • The Underwriter’s discount shall not exceed 0.50% of the principal amount of the Bonds.
  • The Bonds shall be subject to optional redemption prior to maturity beginning not later than 2032.
  • The issuance of the Bonds shall result in a net present value savings of at least 3.0% of the principal amount of the refunded Series 2012C Bonds.
Previous Activity:

• February 24, 2022: Reviewed with Event Center Community Improvement District

• February 25, 2022: Reviewed with Audit and Finance Committee

Background:

The refunding debt will be a long-term obligation of the City and considered a debt security. The financing team has developed the Preliminary Official Statement (POS). The POS is the document used by the issuer to give information about the price of the bond, the maturity date, interest rate, and all other important information to potential buyers. 

The City is responsible for including information within the POS that reasonable investors would consider to be important in making an investment decision. This information includes relevant financial and operating information as well as legal and tax considerations. The POS includes how the City plans to repay the debt. 

As part of the transaction, the City will be making disclosers in compliance with the antifraud provisions of the Securities Act of 1933 and Rule 10b-5 of the Securities Act of 1934.  Primary market disclosure practices for municipal securities have developed as a result of these antifraud provisions, federal regulation of broker-dealers through the Securities and Exchange Commission (SEC) Rule 15(c)2-12, and other regulations of market participants by the Municipal Securities Rulemaking Board (MSRB).

The governing body is urged to review the POS and be aware that Federal antifraud laws prohibit making material misstatements or omissions of material facts if those facts are necessary to avoid a misleading statement. If the City fails to comply with these disclosure requirements the City may be subject to regulatory actions and/or monetary fines.

Emergency Justification:

The approval of the new bonds by the Missouri Development Finance Board (MDFB) will occur the the week of March 14.  MDFB requires all other approvals to be completed prior to its consideration. Approval of this item in one reading is needed to ensure materials are finalized and produced timely to allow marketing before increases in interest rates can further erode savings. 


Fiscal Impact:

The latest estimates show that the refundings will generate $12.3 million in savings for the CID. The CID has identified needed improvements to the Event Center of $9.8 million. The savings from the refundings will finance the new improvements without increasing the planned debt service payments. Any savings over the amount needed to finance improvements will be used to lower the annual debt service. 

 

 



Department:          Finance and AdministrationContact Person:          Bryan Kidney


REVIEWERS:
DepartmentAction
Finance DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
OrdinanceOrdinance
Facility Assessment ReportBackup Material
Preliminary Official StatementBackup Material