HomeMy WebLinkAboutResolution 912 3.
A Resolution L-L
WHEREAS, the Congress of the United States enacted into law the
Tax Equity and Responsibility Act of 1982 (TEFRA) as amended; and,
WHEREAS, TEFRA includes requirement that municipalities register
all bonds issued after June 30, 1983; and,
WHEREAS, the following are major sources of difficulty in complying
with TEFRA:
1. "Pledgability" - Texas state law requires that banks which hold
funds of the state and local governments insure those deposits
by holding equal amounts of Texas municipal securities. This
pledging law thus protects the funds of Texas and its political
subdivisions as well as increases the demand for municipal securi-
ties issued by Texas and its local governments. A large number of
legal and- operational changes will be necessary for banks to
utilize registered securities for pledging purposes.
2. Increased Costs to Smaller Municipalities and Districts -
Professional transfer agents will be necessary to perfect
transfer of registered securities. However, due to economies
of scale present transfer systems will be prohibitively expensive
for small and infrequent borrowers in the municipal market.
3. Delays in Transfer; Marketability - Until systems of transfer
can be perfected delays in the transfer of registered securities
will have a significant adverse effect on the marketability of
these securities. It is expected that there will be delays in
transferring ownership and crediting interest payments. It is
believed that issues of small and moderate size will be most
profoundly affected.
4. Creation of a Two--Tiered Market; Loss of Individual Investors -
At present, over $380 billion of municipal securities- in bearer
form are outstanding nationally. These securities will remain
in the secondary market for a number of years. It is believed
that for a substantial period of time individual investors will
prefer the available bearer securities to the newly issued regis-
tered securities. This two-tier market will terminate only when
registered securities can be transferred as expeditiously as bearer
municipal securities.
5. Overall Market Efficiency - At present, market participants can
trade securities expeditiously and are able to reflect changes in
the cost of credit in a timely manner. However, delays of transfer
may well hamper the speed with which securities may be traded.
Should this occur, investors may draw away from the municipal
13
CITY OF FORT WORM
market and state and local government borrowing costs will
increase; and,
WHEREAS, there are no benefits to the City of Fort Worth from
registration;
BE IT HEREBY RESOLVED, that the City Council of Fort Worth urges
its elected representatives in Washington to repeal the provision of TEFRA
requiring the registration of municipal bonds.
PASSED AND APPROVED THIS day of , 1983.
CITY OF FORT WORTH
dtx association Of the
nici.Pal bond dealers MUNICIPAL ADVISORY COUNCIL of TEXAS
s Texas 905 FIRST CITY NATIONAL BANK BUILDING
f AUSTIN,TEXAS 78701
512 476-6947
DANNY BURGER, Executive Director
JAMES O.STREET,Asst.Executive Director
March 7, 1983
TO: Executive Representative of Each MAC Resident Member
RE: Fully Registered Municipal Bonds
Gentlemen:
The repeal of the fully registered bond provisions of TEFRA of 1982
becomes ever so paramount as we approach July 1, 1983.
To seek support in this task, we have mailed the attached letter, includ-
ing supporting information, -to the majority of Texas political subdivi-
sions.
We expect that you will be contacted by your clients, and that you should
be advised of our mailing.
The mailing list included almost 600 cities, nearly 1,100 school
districts and our 254 counties. This could not have been accomplished
without the help from certain Austin associations, and appreciation Is
extended to Dick Brown, Texas Municipal League; Charles Mathews, Texas
Association of School Administrators, and Sam Clonts, Texas Association
of Counties.
Sinc ely yo ,
Executive Director
DB:sa
10 I
c0 MN� 15 1983AP
1
c9
• , ,•, .,,,1uE:R'S �
,4n arrociation of the
municipal bond deakrr MUNICIPAL ADVISORY COUNCIL of TEXAS
o Texas 905 FIRST CITY NATIONAL BANK BUILDING
,f AUSTIN,TEXAS 78701
512 476.6947
DANNY BURGER,Executive Director
JAMES O.STREET,Asst.Executive Director March, 1983
TO: TEXAS CITIES, COUNTIES & SCHOOL DISTRICTS
This Council is an association of the Municipal Bond Dealers of Texas, whose
membership was urged that we, on their behalf, contact you with respect to an
extremely important matter.
The Tax Equity and Fiscal Responsibility Act ("TEFRA") of 1982, as amended, enacted
by Congress requires that you issue debt in fully registered form effective July 1,
1983, or the tax exemption is lost on your debt securities issued subsequent to
that date.
The Federal mandate for fully registered municipal bonds will cause us numerous and
very serious problems in Texas, as well as across the Nation, including:
* Pledgability for public deposits
* Increased costs for issuers, particularly so for smaller
issuers
* Delays in transfer and marketability; dramatic increase
in recordkeeping
* Creation of a two-tiered market; loss of individual
investors
* Decline in overall market efficiency
* Increase in interest-rates
It has been demonstrated that a recent major issuer incurred a 4/10 of 1% ihigher
interest rate on its bonds because of their issuance in fully registered form, as
compared to traditional bearer bonds, and the interest costs over the life of the
issue increased by some $500,000. This does not include the administrative and
registrar fees associated with the bonds, which in Texas will increase by 300% to
500%, depending on the size of the debt issued,
All of this, of course, means an increase in interest rates and the resultant
increase in ad valorem taxes and revenues to offset these additional costs.
We strongly urge that you contact your Texas Congressional delegation to repeal the
provisions of TEFRA of 1982 that require fully registered municipal securities. If
you have any questions, please contact your financial advisor or this Council .
Noe
Time is of the essence if you want to avoid higher taxes and service rates., as the
effective date of this registered bond requirement is July 1, 1983.
Sinc ely yo ,
cc: Texas Municipal League
Texas Association of School Administrators
Texas Association of Counties