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HomeMy WebLinkAboutResolution 5682-02-2023 A Resolution NO. 5682-02-2023 RESOLUTION AUTHORIZING DEFEASANCE OF OBLIGATIONS WHEREAS, the City of Fort Worth, Texas (the "City") has outstanding the following obligations: City of Fort Worth, Texas Combination Tax and Revenue Certificates of Obligation, Series 2013C(the "Obligations"); and WHEREAS, the proceedings adopted by the City Council authorizing the issuance of the Obligations provide that the City may effect a defeasance of the Obligations prior to their scheduled maturities; and WHEREAS, City staff has determined and recommended to the City Council that effecting the defeasance of the Obligations will result in the reduction of debt service payable on the outstanding Obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That the City Council hereby authorizes the use of available funds in the General Debt Service Fund for the purpose of effecting the defeasance of the Obligations maturing on March 1 in each of the years 2025 through 2034, aggregating $9,155,000 in principal amount, as shown in the following table (the "Defeased Obligations"): Maturi Principal Amount($) 2025 920,000 2026 915,000 2027 915,000 2028 915,000 2029 915,000 2030 915,000 2031 915,000 2032 915,000 2033 915,000 2034 915,000 Section 2. That the City Manager is hereby directed to cause the Defeased Obligations to be redeemed prior to their scheduled maturities but no earlier than March 15, 2023. Notice of the redemption of the Defeased Obligations shall be in substantially the form attached to this Resolution as Exhibit A and shall be given in the manner provided in the proceedings authorizing the issuance of the Obligations. Section 3. That the City Manager is hereby directed to fund the defeasance of the Defeased Obligations from available funds in the General Debt Service Fund, in an amount equal to the principal amount of the Defeased Obligations to be redeemed, plus accrued interest on the Defeased Obligations to the date fixed for redemption. Section 4. That the City Manager is hereby authorized to and shall execute and deliver any documents necessary to effect the defeasance of the Defeased Obligations, specifically, any agreement with the paying agent for the Defeased Obligations to hold the amounts deposited and invested to pay the Defeased Obligations at their date fixed for redemption. Section 5. That this Resolution shall become effective immediately upon its adoption, in accordance with the provisions of Section 1201.028, Texas Government Code. Section 6. That this City Council officially finds and determines that the meeting at which this Resolution is adopted was open to the public, and that public notice of the time,place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code. PASSED AND APPROVED the 14th day of February, 2023. y Secretary, City of Fort Worth,Texas (SEAL) EXHIBIT A NOTICE OF REDEMPTION CITY OF FORT WORTH,TEXAS Notice is hereby given that the following obligations issued by the City of Fort Worth, Texas (the "City") are called for redemption prior to their scheduled maturities on the dates and at the redemption price of par plus accrued interest to the redemption date: CITY OF FORT WORTH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013C, all obligations maturing on March 1 in each of the years 2025 through 2034, aggregating $9,155,000 in principal amount; REDEMPTION DATE:March 22,2023. Maturity Date Principal Amount Interest Rate CUSIP 03/01/2025 $920,000 3.375% 3494254R6 03/01/2026 $915,000 3.500% 3494254S4 03/01/2027 $915,000 3.750% 3494254T7 03/01/2028 $915,000 5.000% 3494254U9 03/01/2029 $915,000 4.000% 3494254V7 03/01/2030 $915,000 4.000% 3494254W5 03/01/2031 $915,000 4.125% 3494254X3 03/01/2032 $915,000 4.250% 3494254YI 03/01/2033 $915,000 4.375% 3494254Z8 03/01/2034 $915,000 4.375% 3494255A2 Due provision for the payment of the above-described obligations has been made with BOKF, NA, the paying agent for said obligations ("BOKF"), and said obligations shall be presented for payment either in person or by mail,at the following addresses: First Class1&gistered1Cerffined Overnight Deliver BOKF,NA BOKF,NA P.O.Box 64106 Corporate Trust Services St.Paul,MN 55164-0106 111 Fillmore Avenue E St.Paul,MN 55017 Interest on the redeemed obligations shall cease to accrue thereon after the redemption date. CUSIP numbers have been assigned to this issue by the CUSIP Service Bureau and are included solely for the convenience of the Obligationholder. Neither the City nor BOKF shall be responsible for the selection or correctness of the CUSIP numbers on the obligations or as indicated in any redemption notice. IMPORTANT NOTICE: Under the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (the "Act'), paying agents making payments of interest or principal on municipal securities may be obligated to withhold a 28% tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Owners of the Obligations who wish to avoid the imposition of the tax should submit certified taxpayer identification numbers when presenting the Obligations for payment. THIS NOTICE is given under authority of a resolution adopted by the City Council of the City on February 14,2023. THE STATE OF TEXAS COUNTIES OF TARRANT, DENTON, WISE, PARKER AND JOHNSON CITY OF FORT WORTH I, Jannette S. Goodall, City Secretary of the City of Fort Worth, in the State of Texas, do hereby certify that I have compared the attached and foregoing excerpt from the minutes of the regular, open, public meeting of the City Council of the City of Fort Worth, Texas held on February 14, 2023, and the Resolution Authorizing Defeasance of Obligations, which was duly passed at said meeting, and that said copy is a true and correct copy of said excerpt and the whole of said resolution. In testimony whereof, I have set my hand and have hereunto affixed the seal of said City of Fort Worth,this 17t'day of February, 2023. ity Secretary of the ity of Fort Worth, Texas OF V (SEAL) f.. City of Fort Worth, Texas Mayor and Council Communication DATE: 02/14/23 M&C FILE NUMBER: M&C 23-0100 LOG NAME: 13CASH DEFEASANCE 2013C CERTIFICATES OF OBLIGATION SUBJECT (ALL)Adopt Resolution Authorizing Cash Defeasance of Combination Tax& Revenue Certificates of Obligation,Series 2013C to Achieve Projected Net Present Value Savings in the Estimated Amount of$876,988.00 or 9.58 Percent;Adopt Appropriation Ordinance;and Amend the Fiscal Year 2023 Adopted Budget RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing cash defeasance of City of Fort Worth,Texas Combination Tax and Revenue Certificates of Obligation,Series 2013C, including principal,accrued interest,and transaction costs,to achieve projected net present value savings in the estimated amount of$876,988.00 or 9.58 percent; 2. Adopt the attached ordinance increasing estimated receipts and appropriations in the General Debt Service Fund in the amount of$228,042.00,from available unreserved fund balance,toward the total defeasance cost,with such amount subject to reduction to conform to final figures at the time of defeasance;and 3. Amend the Fiscal Year 2023 Adopted Budget. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to take actions associated with defeasance of outstanding general debt service obligations in order to achieve savings. Each year,the Financial Management Services Department, in conjunction with the City's financial advisors, PFM Financial Advisors LLC, and Tijerina Galvan Lawrence LLC,evaluate the City's financial position and its debt portfolio to identify opportunities to refund(refinance)and/or defease outstanding debt obligations to achieve net savings and/or free up capacity for future debt-funded projects. This strategy supports the City's initiative of being good stewards of taxpayers'money. The attached resolution authorizes the recommended cash defeasance further described below: City of Fort Worth.Texas,Combination Tax and Revenue Certificates of Obligation.Series 2013C These obligations were issued for an initial principal amount of$19,270,000.00 for the purpose of acquiring a maintenance facility as part of a lease purchase agreement. This debt is callable on or after March 1,2023,at a price of par plus accrued interest to the redemption date.The cash defeasance would be for the approximate amount of$9,176,761.00,which represents$9,155,000.00 of remaining principal of the bonds maturing March 1,2025 through March 1,2034, plus accrued interest and transaction costs. Defeasance of the identified maturities will achieve projected net present value savings in the estimated amount of$876,988.00 or 9.58 percent. As a result of the cash defeasance,the general debt service fund will have one remaining maturity outstanding for the Series 2013C obligations due March 1,2024. Existing appropriations coupled with a modest use of fund balance available above the reserve requirement within the General Debt Service Fund will be used to defease callable debt.Adoption of this M&C will appropriate$228,042.00 from use of fund balance for this defeasance. If approved,defeasance of the identified maturities would occur on March 22,2023. Funding is available for appropriation in the available fund balance of the General Debt Service Fund. The action in this M&C will amend the Fiscal Year 2023 Adopted Budget as approved in connection with Ordinance 25773-09-2022, Section 3. Debt Service Funds,as listed on page 12. Fund I Department FY2023 Adopted Revised FY2023 Budget Category Budget Authority Budget Adjustment Budget General Debt Service Revenues Property Tax $ 138,508,506.00 $ 138,508,506.00 Use of Money and Property $ 3,450,000.00 $ 3,450,000.00 Transfer from CCPD $ 2,655,560.00 $ 2,655,560.00 Transfer from TIRZ#14 Trinity Lakes $ 1,324,950.00 $ 1,324,950.00 Use of Fund Balance $ - This M&C $ 228,042.00 $ 228,042.00 Total Revenues $ 145,939,016.00 $ 228,042.00 $146,167,058.00 F.acperrditur� ` � Financial Management Services(Debt Obligation) $ 145,939,016.00 This M&C $ 228,042.00 $ 146,167,058.6 Total Expenditures $ 145,939,016.00 $ 228,042.00 $ 146,167,058.00 NOTE ON 2013Cs-In spring of 2022,the City Council authorized an issuance of taxable refunding bonds to advance refund certain obligations to achieve savings(M&C 22-0266). (Federal law now precludes advance refunding of outstanding debt with tax exempt obligations.) The 2013Cs were identified as one of the series of obligations intended to be refunded. Due to the rapidly rising interest rates at that time,issuance of the taxable bonds no longer made sound financial sense as the closigng date neared;therefore no 2022 taxable refunding bonds were issued. NOTE ON APPROPRIATIONS-The attached appropriation ordinance reflects the maximum additional appropriation amount for this defeasance. The structure accommodates variables in costs that are associated with the transaction date being a month away.To the extent numbers at the time of defeasance are less than those reflected in the ordinance,the available appropriation amount will be reduced as needed to reflect final figures to ensure appropriations do not exceed actuals. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon adoption of the attached resolution and appropriation ordinance,funds for principal,accrued interest, and transaction costs will be available in the General Debt Service Fund,as appropriated,to legally defease the above referenced obligations. Submitted for City Manager's Office by.; Reginald Zeno 8517 Originating_Business Unit Head: Reginald Zeno 8517 Additional Information Contact: Anthony Rousseau 8338