Res 1991-052 - Laserfiche WebLink

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OTHER RELEVANT INFORMATION Ratings The presently outstanding tax supported debt of the City is rated "A" by Moody's Investors Service, Inc. ("Moody's") and "A" by Standard &: Poor's Corporation ("S&P"). Applications for contract ratings on this issue have been made to Moody's and S&P. An explanation of the significance of such ratings may be obtained from the company furnishing the rating. The ratings reflect only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Bonds. Tax Exemption The Bonds, in the opinion of Bond Counsel, will not be "private activity bonds" within the meaning of Section 14I(a) of the Internal Revenue Code of 1986 (the "Code"). Accordingly, interest on the Bonds will not be treated as a preference item under the alternative minimum tax provisions of the Code as applicable to individuals and corporations, except that interest on the Bonds will be included in the "adjusted net book income" or the "adjusted current earnings" of certain corporations for purposes of computing the alternative minimum tax and the environmental tax imposed on such corporations. Furthermore, in the opinion of Bond Counsel, interest on the Bonds will be excludable from gross income under Section 103(a) of the Code. The statutes, applicable regulations, published rulings of the Internal Revenue Service and court decisions on which such opinions are based are subject to change. These opinions are dependent in part on future compliance by the City with certain post-issuance requirements of the Code, including the arbitrage rebate requirements. Failure to comply with such requirements may cause the interest on the Bonds to be includable in gross income retroactive to the date of issue. In this connection, various covenants and representations will be made by the City in the documents authorizing the issuance of the Bonds that are designed to provide assurance of compliance with such requirements, and for purposes of its opinions, Bond Counsel will assume compliance by the City therewith. In addition such opinions are based upon representations and certifications of the City pertaining to the use, expenditure and investment of the proceeds of the Bonds. Except as described above, Bond Counsel expresses no opinion with respect to any other federal, state or local tax consequences under present law or proposed legislation resulting from the receipt or accrual of interest on, or the acquisition, ownership or disposition of, the Bonds. Prospective purchasers of the Bonds should be aware that the ownership of tax-exempt obligations such as the Bonds may result in collateral federal tax consequences to, among others, property and casualty insurance companies, certain foreign corporations doing business in the United States, individual recipients of Social Security or Railroad Retirement benefits, taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations, stockholders of corporations receiving or accruing tax-exempt interest and S corporations with subchapter C earnings and profits. Prospective purchasers should consult their own tax advisors as to the applicability to these and other such collateral consequences to their particular circumstances. The form of Bond Counsel's opinion is set forth in Appendix C hereto. Qualified Tax-Exempt Obligations Section 265 of the Internal Revenue Code of 1986, as amended, provides, in general, that interest expense incurred to acquire or carry tax-exempt obligations is not deductible from the gross income of the registered owner. For certain registered owners that are "financial institutions" within the meaning of such section, complete disallowance of such expense would apply to taxable years beginning after December 31, 1986, with respect to tax-exempt obligations acquired after August 7, 1986. Section 265(b) of the Internal Revenue Code of 1986 provides an exception to this rule for interest expense incurred by financial institutions to carry tax-exempt obligations (other than private activity bonds) which. are designated by an issuer, such as the City, as "qualified tax-exempt obligations". An issuer may only designate an issue as an issue of "qualified tax-exempt obligations" where not more than $10 million of tax-exempt obligations are issued by the issuer during the calendar year in which the issue so designated is issued. Tax Accounting Treatment of Discount Bonds The initial public offering price to be paid for certain Bonds may be less than the principal amount payable on such Bond at maturity (the "Discount Bonds"). An amount equal to the difference between the initial public offering price of the Discount Bond (assuming that a substantial amount of the Discount Bonds of that maturity are sold to the public at such price) and the principal amount payable at maturity constitutes interest to the initial purchaser of such Discount Bonds. A portion of such interest, allocable to the holding period of such Discount Bond by the initial purchaser, will, upon the disposition of such - 17 -