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Clerk’s Use
Only ___________
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04/21/20 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
Suzanne Luster (714) 834-3362 |
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Louis McClure (714) 834-5999 |
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Subject: Increase
Teeter Program Credit Authorization
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ceo Concur |
County Counsel Review |
Clerk of the Board |
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Concur |
Approve Agreement
to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: No |
Current Year Cost: See Financial Impact Section |
Annual Cost: See Financial Impact Section |
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Funding Source: Teeter Plan Revenue 100% County
Audit in last 3 years No |
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Prior Board Action: 6/5/2018
#26, 1/29/2013 #55 |
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RECOMMENDED ACTION(S)
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1. |
Waive the Board of Supervisors’ Policy that the issuance of these Additional County of Orange Teeter Plan Obligations be presented to the Public Financing Advisory Committee before consideration by the Board of Supervisors. |
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2. |
Adopt the resolution authorizing the issuance of additional County of Orange Teeter Plan Obligations, and authorizing the execution and delivery of a First Amendment to Amended and Restated Fifth Supplemental Trust Agreement, a First Amendment to Amended and Restated Note Purchase and Reimbursement Agreement, a Third Amended and Restated Fee and Interest Rate Agreement and other documents and matters related thereto. |
SUMMARY:
Approval of the recommended actions will provide additional credit availability for the financing of the County's Teeter Plan during the anticipated economic impact of the COVID-19 pandemic in FY 2020-21.
BACKGROUND INFORMATION:
On June 29, 1993, the Board of Supervisors (Board) adopted the Teeter Plan pursuant to Sections 4701 through 4717 of the California Revenue and Taxation Code. The Teeter Plan is an alternative method for distribution of revenues from the secured property tax roll to local participating agencies.
Presently in Orange County, approximately 93 cities, agencies, school districts, special districts and taxing entities participate in the Teeter Plan program (Participating Agencies) and receive their full share of property taxes from the secured roll, whether or not these taxes have been collected. The Teeter Plan provides these Participating Agencies with stable and timely cash flow without the collection risk. The County, in exchange for assuming the collection risk, receives the delinquent taxes, penalties and interest for the tax-defaulted properties when paid.
The Teeter Plan remains in effect in perpetuity unless the Board directs its discontinuance, or under certain conditions, the Board may discontinue the program for an individual participating agency. Additionally, prior to the commencement of a fiscal year, the Teeter Plan may be discontinued by petition and the resolutions of the governing bodies of not less than two-thirds of the participating agencies. None of the aforementioned events have occurred to discontinue or otherwise limit the Teeter Plan since its inception.
On January 29, 2013, the Board approved funding the Teeter Plan through Notes (Drawdown Direct Purchase program) under the terms of a Note Purchase and Reimbursement Agreement with Wells Fargo. Each July, Wells Fargo purchases Notes in the amount necessary for the County to purchase the tax delinquencies from the participating taxing entities. Interest is paid on the outstanding notes monthly based on a spread to the one-month London Inter-bank Offered Rate (LIBOR) Index rate. In addition, an annual commitment fee is charged on the unutilized portion. The prior year defaulted base tax collections are pledged to repay the notes.
Because there is a fee on the unutilized portion of the authorization, the County has conservatively reduced the amount of the authorization over the past seven years as shown in the table below. The Notes are currently authorized in an amount up to $100 million.
The following table summarizes a seven-year history of Teeter Plan Note Program:
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July – June |
Note
Authorization Amount |
July Teeter
Delinquency Purchase |
July 30 Note
Outstanding Balance |
Note
Repayment |
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2013 - 14 |
$ 150,000,000 |
$ 39,639,000 |
$ 83,125,000 |
$ 43,295,000 |
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2014 - 15 |
$ 150,000,000 |
$ 31,541,000 |
$ 71,371,000 |
$ 37,548,000 |
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2015 - 16 |
$ 100,000,000 |
$ 30,542,000 |
$ 64,365,000 |
$ 34,174,000 |
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2016 - 17 |
$ 100,000,000 |
$ 31,536,000 |
$ 61,727,000 |
$ 31,242,000 |
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2017 - 18 |
$ 100,000,000 |
$ 30,621,000 |
$ 58,489,000 |
$ 31,242,000 |
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2018 - 19 |
$ 100,000,000 |
$ 33,860,000 |
$ 61,107,000 |
$ 31,600,000 |
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2019 - 20 |
$ 100,000,000 |
$ 40,269,000 |
$ 69,776,000 |
$ 32,994,603* |
*Reflects partial year, July – April 2020 prior year delinquent tax collections.
The Public Financing Advisory Committee (PFAC) and Board approved the selection of Wells Fargo and the issuance of the Series B Notes to finance the Teeter Plan at their May 10, 2018 and June 5, 2018 meetings respectively. The proposed increase in the credit authorization will only amend the amount and certain costs of the financing previously approved by PFAC. The County of Orange Board of Supervisors’ Policies and Procedures for Consideration and Approval of Proposed Public Financings expects that a proposed public financing be considered by PFAC before the financing is presented to the Board. County Executive Office (CEO)/Public Finance requests the prerequisite be waived for the increased issuance. Wells Fargo informed CEO/Public Financing of the amount and costs of the credit authorization on April 10, 2020. Wells Fargo also advised CEO/Public Finance that it could only guarantee the increased credit if the authorization was approved by the Board by its April 21, 2021, meeting because of credit scarcity, associated with the current public health crisis, in the municipal credit market. Due to this deadline, CEO/Public Finance could not arrange a meeting to present this financing to PFAC. CEO/Public Finance will notify PFAC of the Board’s action by memo.
FINANCIAL IMPACT:
Economic impacts of the COVID-19 pandemic are anticipated to increase property tax delinquencies at June 30, 2020, and may require more than the current $100 million credit authorization to fund the Teeter Plan participants. For example, the “Great Recession” tax delinquency high point, FY 2008-09, required a tax delinquency purchase of $136 million. As of Thursday, April 16, 2020, the unpaid property taxes associated with the Teeter Plan program was approximately $134 million.
Wells Fargo agreed to increase the credit authorization to $150 million. To avoid using General Fund balances to pay the amount over $100 million, CEO is recommending an increase in the authorization amount to $150 million. Due to the current volatile market conditions and limited availability of credit during this time, the monthly interest cost will increase from LIBOR +50 basis points to LIBOR +75 basis points. The commitment fee on the unused portion of credit will increase from 25 basis points to 35 basis points. All other terms of the agreements remain unchanged. Wells Fargo has indicated to the extent there is any unused credit authorization by July 15, 2020, the bank would redeploy the credit authorization to other Wells Fargo clients and save the County from paying the commitment fee on an unutilized portion of credit. The estimated annual increased cost of $150 million credit would be $375,000. The estimated true interest cost is 2.77%. The estimated costs of issuance are $55,000 and the total payment amount until maturity is estimated at $154 million. CEO/Public Finance plans to issue a Request for Proposal for the Teeter Plan Program in 2021, as the current program with Wells Fargo expires in July 2021.
The increased credit authorization will allow the County to meet its obligation to the Teeter Plan participants during the economic impacts of the COVID-19 pandemic.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Resolution
Attachment B – First Amendment to Amended and Restated Fifth Supplemental Trust Agreement
Attachment C – First Amendment to Amended and Restated Note Purchase and Reimbursement Agreement
Attachment D – Third Amended and Restated Fee and Interest Rate Agreement
Attachment E – Amended and Restated Fifth Supplemental Trust Agreement (for reference)
Attachment F – Amended and Restated Note Purchase and Reimbursement Agreement (for reference)
Attachment G – Second Amended and Restated Fee and Interest Rate Agreement (for reference)
Attachment H – California Revenue and Taxation Code Sections 4701 - 4717