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HomeMy WebLinkAbout1995-01-24; City Council; 13002; Establishing Industrial Development AuthorityCIT” OF CARLSBAD - AGEN-1 BT’ ’ fjiefJ@9 #) ILL &G &y I AB # ) 1, &02-, TITLE: Consideration of an CITY AT$$ DEPT.-HD. MTG. ’ -AC/ -ci < Ordinance Establishing the City of I DEPT. CD/CM 1 Carlsbad Industrial Development Authority 1 CITY MG-i RECOMMENDED ACTION: Introduce Ordinance No. /vS - 30 / establishing the City of Carlsbad Industrial Development Authority. Adopt Resolution No. 9 5 - 13 declaring the Carlsbad City Council to be the Board of Directors of the Industrial Development Authority of the City of Carlsbad. Direct staff to return at a future date with a Council Policy for the use and process of evaluating projects for participation in an industrial development bond program. I ITEM EXPLANATION: One of the areas that the City has been investigating as a part of an enhanced Economic Development program is the use of non-monetary incentives as tools for attracting new business. Perhaps the most widely used tools for inducing private investment is the issuance of tax-exempt bonds. These bonds must be sold through a public body such as a municipality or state government in order to maintain a tax-exempt status. The public purpose for issuance of tax-exempt bonds includes, but is not limited to job retention, job creation, resource conservation, tourism benefits and tax-base expansion. There are a variety of private-purpose tax-exempt bond types, but the most common is the Industrial Development Revenue Bond (IDRB). IDRB’s offer private manufacturing companies preferential financing terms for projects which meet certain qualifying requirements. Qualifying projects may finance the purchase of land, fund the rehabilitation of a facility, purchase or lease equipment, and finance interest payments and closing costs. IDRB’s can also be used by developers of build-to-suit facilities for qualified manufacturing concerns. IDRB’s carry a tax- exempt status and are only available for new projects or expansions, subject to state approval. Repayment of the Industrial Development Revenue Bonds comes directly from the private sector borrower, not the issuing municipality. The issuer of the bonds becomes a “conduit issuer”, and has no financial obligation to the bond holders. Financing terms for the borrower are typically 15 to 20 years on real estate, and 5 to 7 years on equipment. In October of 1994, the City Council joined the California Statewide Communities Development Authority (CSCDA). This joint-powers agency assists member agencies in pursuing programs which improve the quality of life and economic vitality of communities. Tax-exempt financing, which includes Industrial Development Revenue Bonds, is one of the primary tools used by CSCDA. - A PAGE 2 OF AGENDA dlLL NO. )3,00 ?-- Recently, the City was approached regarding issuance of Industrial Development Revenue Bonds as a way of assisting a developer finance construction of two new manufacturing facilities; one existing high tech manufacturer expansion, and one new biotech manufacturer wanting to relocate. Although, the City is a member of CSCDA and could have referred the developer to that agency for assistance, the developer could not meet the credit requirements of the “public bond placement” offered through CSCDA. A second option available to the City and the developer is participation in a “privately placed” IDRB issue. Essentially the publicly and privately placed bond programs are the same in terms of the City’s involvement, however in a private placement the bonds are purchased by a bank who agrees to hold them for a minimum period in their portfolio, thus the transaction resembles a traditional two- party bank loan. Benefits of a privately placed issue include significant cost savings to the borrower and no requirement for a Letter of Credit or other credit enhancement. Under either type of issue, the City would have no financial obligation to the bond holder(s). In order to consider participating in a privately placed IDRB issue, the City must form an Industrial Development Authority (IDA). Under the Industrial Development Financing Act, the State of California gives each public agency the right to form such an authority for the purpose of issuing revenue bonds in the accomplishment of public purposes. The authority to issue bonds under the act lapsed on December 31, 1994 and will require futher state legislative action to be extended. At this point in time there is no opposition to such an extension, and it is expected that the extension will be granted on an urgency basis in due course after the Legislature has organized itself and can move forward. Establishment of an Industrial Development Authority by the City Council, requires that action be accomplished by ordinance, subject to referendum. An Industrial Development Authority is governed by a board of directors. The City Council may declare itself to be the IDA board, just as Council members serve as the board of the Redevelopment Authority and Water District. Each authority must designate a chairperson elected by the members of the board from its membership. Public officers of the authority consist of the chairperson, members of the board, a secretary, a treasurer, and any assistants for the secretary and treasurer as the board may appoint. An Authority’s powers include but are not limited to; (1) acquiring property by purchase, exchange, gift, lease, contract, or otherwise by eminent domain, (2) maintaining property, (3) disposal of property by lease, sale, exchange, donation, release, relinquishment, or otherwise, (4) borrowing money and issuing bonds. Per California Government Code section 91543, an the Industrial Development Authority under the Industrial Development Financing Act is exempt from provisions of the California Environmental Quality Act (CEQA). h - PAGE 3 OF AGENDA ijILL NO. /3,0 0 2 I As a part of an enhanced economic development effort, staff is recommending the City Council adopt the attached ordinance and resolution, forming an Industrial Development Authority and designating the City Council as the Industrial Development Authority of the City of Carlsbad. In addition, Council may consider directing staff to return at a future date with a City Council Policy addressing the use and process to be utilized when evaluating project requests for participation in an Industrial Development Revenue Bond program. City Council adoption of an ordinance establishing the Industrial Development Authority would not constitute an approval of any present or future request for issuance of Industrial Development Revenue Bonds. FISCAL IMPACT: The creation of the Industrial Development Authority and the issuance of IDRB’s does not create any financial obligation for the City. Any costs related to the issuance of IDRB’s will be paid by the private party benefitting from the bond issue. Administration of the IDA requires minimal staff time. The IDA may recover all costs and collect a small fee for each IDRB issue undertaken. The City, the City Council and the subordinate agencies of the City have no financial obligation for any debt issued by the IDA. EXHIBITS 1. 2. Ordinance No. NS -301 ,Declaring the need for the Industrial Development Authority of the City of Carlsbad. Resolution No. q5 -d 3 , Designating the City Council as the Industrial Development Authority of the City of Carlsbad. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING THE NEED FOR FORMATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF CARLSBAD. WHEREAS, the City Council has established an economic development program in order to encourage and facilitate continued economic growth within the community; and WHEREAS, providing tax-exempt financing through the issuance of industrial development bonds provides an economic incentive for inducing new private development within the City; and WHEREAS, pursuant to the California Industrial Development Financing Act (California Government Code Section 91500 et. seq.) (the “Act”), there is in each city a public, corporate instrumentality for the State of California, known as the industrial development authority of such city, which authority is authorized to issue revenue bonds for the public purposes of the Act, including financing industrial and other activities within the city with demonstrated job creation potential and other public benefit; and WHEREAS, the City Council of the City of Carlsbad, California (the “City”) wishes to authorize the authority to transact business and exercise Its powers; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Section 91520 of the Act prescribes that the authority shall not transact any business or exercise any powers unless the City Council by ordinance declares that there is a need for the authority and that the authority shall function. NOW THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That there is a need for the industrial development Authority of the City of Carlsbad and that the authority shall function. SECTION 2: The authority shall be named the ’ Industrial Development Authority of the City of Car&bad”. EFFECTIVE DATE: The provisions of this Ordinance shall be effective thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24th day of JANUARY, 1995, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the following vote to wit: day of t 1995, by the AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney . CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING ITSELF TO BE THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF CARLSBAD. WHEREAS, pursuant to the California Industrial Development Financing Act (the “‘Act”) there is in each city of the State a public, corporate instrumentality known as the industrial development authority of such city; and WHEREAS, Section 91520 of the Act provides that an authority shall not transact any business unless, by ordinance, the City Council declares there is a need for the authority and that authority shall function, and there has been introduced Ordinance No. NS-301 of the City making such declaration in accordance with Section 91520; and WHEREAS, pursuant to Section 91523 of the Act, the City Council may, at its sole discretion and at any time, by resolution, declare itself to be the board, in which case all the rights, powers, privileges, duties, liabilities, disabilities and immunities vested in a board of directors shall be vested in the City Council as such board, and the City Council deems it appropriate at this time to so declare itself the board. NOW, THEREFORE, the City Council of the City of Carlsbad does hereby resolve as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '26 27 28 .I 1. That the above recitations are true and correct. 2. That the City Council hereby declares itself to be the Board of Directors of the Industrial Development Authority of the City of Cat&bad in accordance with Section 91523 of the Act. 3. That the Chairperson of the Board of Directors shall be the Mayor, that the Secretary of the Board shall be the City Clerk, and that the Treasurer of the Board shall be the City Finance Director. 4. That this resolution shall be effective upon the effective date of .Ordinance No. NW01 of the City, in which the City Council has declared the need for the Authority and that the Authority shall function. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Car&bad on the 24th day of JANUARY t 1995, by the following vote to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKFWNZ, City Clerk ’ ww