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HomeMy WebLinkAboutRDA RES 156RESOLUTION NO. 156 RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY PROVIDING FOR THE SALE OF S15,000,000 PRINCIPAL AMOUNT OF TAX ALLOCATION BONDS, ISSUE OF 1982, OF THE AGENCY. RECITALS: A. The Agency is a redevelopment agency, a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Redevelopment Law and the powers of the Agency include the power to issue bonds for any of its corporate purposes. B. The Agency has heretofore adopted its Resolution entitled: "Resolution of the Palm Desert Redevelopment Agency Authorizing the Issuance of Tax Allocation Bonds of the Agency to Aid in the Financing of a Portion of the Cost of a Redevelopment Project" (the "Resolution of Issuance"). C. The Agency has heretofore adopted its Resolution entitled: "Resolution of the Palm Desert Redevelopment Agency Determining to Issue S15,000,000 Principal Amount of Tax Allocation. Bonds, Issue of 1982, of the Agency and Providing for Certain Details of the Bonds" (the "Supplemental Resolution"). D. The Agency deems it necessary to sell at this time 515,000,000 principal amount of Bonds as authorized by the Resolution of Issuance and the Supplemental Resolution. NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS. DETERMINES. RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Definitions. All terms which are defined in Section I of the Resolution of Issuance shall have the same meanings in this Resolution as such terms are given in Section 1 of the Resolution of Issuance. Section 2. Sale authorized. The sale of 515.000.000 PALM DESERT REDEVELOPMENT AGENCY. PROJECT NO. 1. AS AMENDED. TAX ALLOCATION BONDS. ISSUE OF 1982 (the "Bonds-1. on an all or none basis and in accordance with law. is hereby authorized. Section 3. Notice Inviting Bids. The invitation for bids for the purchase of the Bonds is hereby authorized. such invitation to be substantially in accordance with the Notice inviting Bids attached hereto, marked "Exhibit .\" and by this reference incorporated herein. Such Notice Inviting Bids and the Bid Form. including the memorandum of interest cost. attached hereto and marked "Exhibit B" and by this reference incorporated herein. are hereby approved. Section a Publication of Notice Inviting Bids. The Secretary of the Agency shall cause to be pub- lished ;n the manner provided by law, such Notice Inviting Bids. Section Terms and Conditions of Sale. The terms and conditions of the offering and the sale of the Bonds shall De as specified in such Notice Inviting Bids. Sec:ion -' Draft Official Statement .Approved. The \eency hereby approves. to be furnished to pro- spcc:iye bidders for the Bonds. and to the successful bidder. a certain Official Statement. substantially in the :urn; ui :tic Ura;: s-up.. .attached hereto as E\nibit C. The ExccutiYe Director. upon the advice of the Financial Consultants or Bond Counsel. or both. is hereby_ authorized and directed. prior to final preparation for distribution. to make such changes as are necessary or desirable to correct errors or clarify or expand upon the meaning of parts thereof. A copy of the Official Statement shall be tiled in the office of the Secretary of the \eency. Section - Official Statement Furnished. The Secretary and the Financing Consultants are hereby ,authorized .and .:;rec:ed to cause to be furnished to prospective bidders a reasonable number of copies of the Notice Inviting Bias. including the Bid Form. and a reasonable number of copies of such Official Starement. Section s Opening of Bids. The Financial Consultants or Bond Counsel. or both. are hereby authorized and directed to open the bids at the time and place specified in such Notice Inviting Bids and to - 1 - RESOLUTION NO. 156 California. or, at the option of the holder. at the office of any Paving Agent of the Agency in San Francisco, California. or New York, New York. Registration: To facilitate registration of the Bonds. two forms of Bonds have been provided: (i) those which are in negotiable form, payable to bearer with negotiable coupons ("Bearer Bonds"), and (ii) those which are issued to facilitate registration and so are issued as Fully Registered Bonds payable to the registered owner ("Fully Registered Bonds"), negotiable only by proper transfer of registration. The Bearer Bonds are not registrable by endorsement and, to facilitate their registration. they may be exchanged for Fully Registered Bonds as provided in the Resolutions hereinafter referred to. A Bearer Bond or Bearer Bonds may be registered by exchanging the same for a Fully Registered Bond or Fully Registered Bonds, as the case may be. A Bearer Bond or Bearer Bonds and a Fully Registered Bond or Fully Registered Bonds may be exchanged for a Fully Registered Bond or Fully Registered Bonds. A Fully Registered Bond may be exchanged in whole for Bearer Bonds or in part for such Bearer Bonds and the balance for Fully Registered Bonds. Transfer of ownership of a Fully Registered Bond or Fully Registered Bonds shall be made by exchanging the same for a new Fully Registered Bond or Fully Registered Bonds. All of such exchanges shall be made in such manlier and upon such reasonable terms and conditions as may from time to time be determined and prescribed by the Agency; provided, however, no such exchange shall be made between the fifteenth (15th) day preceding any interest payment date and such interest payment date. Such exchanges shall be free of any costs or charges to the person, firm, or corporation requesting such exchange, except for any tax or governmental charge that may be imposed in conneciton with such exchange. Each Bearer Bond issued pursuant to the Resolutions shall be of the denomination of S5,000. Each Fully Registered Bond issued pursuant to the Resolutions shall be of a denommination which is S5,000 or a multiple whole thereof, shall be of the same issue, and may be of one or more interest rates and maturities. Call and Redemption of Bonds Prior to Maturity: The Bonds maturing on or before September 1, 1988, are not subject to call prior to their stated maturity. The Bonds maturing on or after September 1, 1989, are callable prior to maturity as a whole at any time. or in part on any interest payment date, on and after September I. 1988. at the redemption prices shown in the following table. plus the interest accrued to the date of redemption. Redemption Redemption Dates Price September I. 1988 through August 31. 1989 102 7c September 1. 1989 through August 31. 1990 1013'4 September I. 1990 through August 31. 1991 101'! September 1. 1991 through August 31, 199' 1011 September 1. 1992 through .August 31. 1993 101 September I. 1993 through August 31, 1994 10014 September 1994 through August 31. 1995 .... l00': September I. 1995 through August 31. 1996 10014 September 1. 1996 and thereafter Par Purpose of Issue: The Bonds are to be issued by the Agency under and pursuant to the Community Rede'.elopment Lacc. California Health and Safety Code Sections 33000, et seq.. for the corporate purposes of the \gene:!n aiding in the rinancing of the redevelopment of a project area of the \genc!.. known as Project \rea \u I. \s \mended. Securit: The Bond'. are payable. as to oath principal and interest. Crum Tax Re%enues, as derincd in the Resolutions. and from certain other limited funds as provided in the Resolutions The Bonds are not obligations of the Cit' of Palm Desert. the State of California or an. of its political subdivisions. TERMS OF SALE Interest Rate: The rate bid may not exceed :'.cekc percent + 1 i per .nnum. payable semiannually. and must be a multiple of one -twentieth + . i of one percent i l'%i No Bond shall bear more than one Interest rate. and all Bonds of the same maturity hall bear the same rate Each Bond must bear interest at -2- RESOLUTION NO. 156 the rate specified in the bid from its date to its fixed maturity date. Only one coupon will be attached to each Bond for each installment of interest thereon, and bids providing for additional or supplemental coupons will be rejected. Award: The Bonds shall be sold for cash only. All bids must be for not less than all of the Bonds hereby offered for sale and each bid shall state that the bidder offers accrued interest to the date of delivery, the purchase price, which shall be not less than ninety-five percent (95%) of the principal amount, and the interest rate or rates. not to exceed that specified herein, at which the bidder offers to buy the Bonds. Each bidder shall state in his bid the total net interest cost in dollars and the average net interest rate determined thereby, which shall be considered informative only and not a part of the bid. Highest Bidder. The Bonds shall be awarded to the highest responsible bidder considering the interest rate or rates specified and the premium or discount offered, if any. The highest bid shall be determined by deducting the amount of the premium bid, if any, from, or adding the amount of the discount, if any, to, the total amount of interest which the Agency would be required to pay from the date of the Bonds to the maturity date thereof at the coupon rate or rates specified in the bid, and the award shall be made on the basis of the lowest net interest cost to the Agency. The purchaser must pay accrued interest from the date of the Bonds to the date of delivery computed on a three hundred sixty (360) day year basis. The cost of printing the Bonds shall be borne by the Agency. Right of Rejection: The Agency reserves the right. in its discretion. to reject any and all bids and, to the extent not prohibited by law. to waive any irregularity or informality in any bid. Prompt .-sward: The Agency shall take action awarding the Bonds or rejecting all bids not later than twenty-six 126) hours after the time herein prescribed for the receipt of bids: provided that the award may be made after the expiration of the specified time if the bidder shall not have given to the Agency notice in .vritine of the withdrawal of such bid. CL.SiP: CI.SIP identification numbers shall be imprinted on the Bonds. but such numbers shall not constitute a part of the contract evidenced by the Bonds and no liability shall hereafter attach to the Agency or am of the officers or agents thereof because of or on account of such numbers. Any error or omission with respect to such numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and pay for the Bonds. Delivery and Payment: Delivery of the Bonds shall be made to the successful bidder at Jeffries Banknote Company. 1330 West Pico Boulevard. Los \ngeles. California. or at such other place as may be agreed upon b!. the successful bidder and the officer of the Agency making aeiivery. Payment for the Bonds must be made in funds immediately available to the \eencv in Los \nseles. California. Prompt Delivery; Cancellation for Late Delivery: The Bonds shall be deii.ered to the successful bidder on any business day on or prior to September `i. 19M2. and such prompt de!nery time is of the essence of the contract :o pc made hereunder for the sale of the Bonds. The .\genc. at its sole option. shall have the right :o delay the de;;.ery of the Bonds beyond such date: provided. howeYer. that the successful bidder shall have the right. at his option. to cancel the contract of purchase of the Bonds !f the \gency shall fail to execute the Bonds and ;ender them for delivery within sity i601 days from the date herein fixed for the receipt of bids. and in such e.ent :he successful bidder snail be entitled to the return 0! the check accompanying his bid. Form of Bid: Each bid. together with :he bid check. must be ;n a sealed envelope. addressed to the \_ency with :he en•eiope and bid clearly marked "Bid for Palm Desert Redevelopment Agency. Project \rea \o i. \s \mended. Tar \Ilocat;on Bonds. Issue of !` 82" Each bid must be unconditional and in accordance with the terms and conditions set forth herein, or permitted herein. and must be submitted on. or •n substantial accordance isith. bid forms ^ro.ided by the \eenc. Bid Check: -\ certified or cashier\ cheek on a responsible bank or trust company in the .amount of S150.000. payable :o the order of the \eerie\. must accompany each bid as a guaranty :hat the bidder. if successful. 'A!i accept and pay for :he Bonds ;n accordance ;th the terms of :ts bid. The check accompany,re .:r.y accepted bid sc,:!i be cashed by the \gene. and applied on the purchase price or. ;f such bid ;s accepted but not performed. unless such failure of performance shall be caused by any act or omission -3- RESOLUTION NO. 156 of the Agency. the proceeds of the check accompanying any accepted bid shall be retained by the Agency. The check accompanying each unaccepted bid shall be returned promptly. Change in Tax Exempt Status: At any time before the Bonds are tendered for delivery, the successful bidder may disaffirm and withdraw the bid if the interest received by private holders from bonds of the same type and character shall be declared to be taxable income under present Federal income tax laws, either by a ruling of the Internal Revenue Service or by a decision of any federal court, or shall be declared taxable by the terms of any Federal income tax law enacted subsequent to the date of this notice. Arbitrage: On the basis of the facts, estimates and circumstances, including covenants of the Agency, in existence on the date of issue of the Bonds, it is not expected that the proceeds of the Bonds will be used in a manner that will cause the Bonds to be arbitrage bonds, and the Agency will furnish to the successful bidder at the time of delivery of the Bonds an arbitrage certificate certifying to the foregoing. The successful bidder shall provide the Agency prior to 11:00 a.m. P.D.T. on the day following acceptance by the Agency of the bid with the initial reoffering price of the Bonds to the public to enable the Agency to perform the necessary calculations for its arbitrage certificate. Official Statement: The Agency will furnish to the successful bidder, at no charge, 1,000 copies of the Official Statement for use in connection with any resale of the Bonds. The successful bidder shall use its best efforts to furnish or cause to be furnished to each ultimate purchaser on the initial resale of the bonds a copy of the Official Statement. At the time of delivery of the Bonds, the Agency shall furnish to the successful bidder a certificate to the effect that at the time of sale of the Bonds and at all times subsequent thereto up to and including the time of such delivery the Official Statement did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Legal Opinion: The opinion of the Bond Counsel firms of Richards, Watson, Dreyfuss & Gershon, A Professional Corporation. Los Angeles, California, and Mudge Rose Guthrie & Alexander, New York, New York. approving the validity of the Bonds and stating that interest on the Bonds is exempt from income taxes of the united States of America, under present federal income tax laws, and that such interest is also exempt from personal income taxes of the State of California under present state income tax laws will be furnished the successful bidder at or prior to the time of delivery of the Bonds. at the expense of the Agency. A copy of such opinions of Richards. Watson. Dreyfuss & Gershon. A Professional Corporation, and Mudge Rose Guthrie & Alexander, certified by an officer of the Agency by facsimile signature, shall be printed on the back of each bond. No charge will be made to the purchaser for such printing or certification. Information Available: Requests for copies of the Resolutions authorizing the issuance and providing for the sale of the Bonds and the Official Statement pertaining to the Bonds. or for other information concerning the .Agency, should be addressed to Birr. Wilson & Co.. Inc.. 155 Sansome Street 4th Floor. Post Office Box 3548, San Francisco. California 94104 (415) 983-7700. GIVEN by order of the Agency adopted on Augu12, 1982. ';e7 . ROY WILSON, CHAT SHEILA R. GILLIG Secretary of the Palm Desert Redevelopment Agency AYES: Newbrander, Puluqi, Snyder & Wilson NOES: None ABSENT: McPherson ABSTAIN: None -4- RESOLUTION NO. 156 BID FOR THE PURCHASE OF S15,000,000 PALM DESERT REDEVELOPMENT .AGENCY PROJECT AREA NO. 1, AS AMENDED TAX ALLOCATION BONDS, ISSUE OF 1982 Palm Desert Redevelopment Agency Palm Desert, California In behalf of a group which we have formed, consisting of and pursuant to the Notice Inviting Bids hereinafter mentioned, we offer to purchase S15,000,000 principal amount. all or none, of the Bonds designated as "Palm Desert Redevelopment Agency, Project Area No. 1, As Amended. Tax Allocation Bonds. Issue of 1982", particularly described in such Notice, bearing interest at the following rates per annum: and to pay therefor the aggregate sum of S (1) plus accrued interest on such Bonds to the date of delivery thereof. This bid :s made subject to all the terms and conditions of the Notice Inviting Bids heretofore published. all of which terms and conditions are made a part hereof as fully as though set forth in full in this bid. (1) S 15.000.000. plus premium or less discount. -5- RESOLUTION NO. 156 As specified in the Notice Inviting Bids. this bid is subject to acceptance not later than twenty-six (26) hours after the expiration of the time for the receipt of bids, and to the unqualified opinion of the Bond Counsel firms of Richards, Watson. Dreyfuss & Gershon, A Professional Corporation, Los Angeles, California, and Mudge Rose Guthrie & Alexander, New York, New York, approving the validity of the Bonds. being furnished us, if we are the successful bidder, at or prior to the time of delivery of the Bonds at the expense of the Agency. There is enclosed herewith a (2) check. for S150,000, payable to the order of the Agency. (2) Insert "certified" or "cashier's". There is submitted herewith a memorandum (which shall not constitute a part of this bid) stating the total net interest cost in dollars on the Bonds bid for during their life under this bid, and the average net interest rate determined thereby. MEMORA`DL N1 OF INTEREST COST The total net interest cost on the Bonds during their life unoer the above bid is S and the average net interest rate determined thereby is -6- EXHIBIT "C" OFFICIAL STATEMENT Palm Desert Redevelopment Agency Riverside County, California $15,000,000 PROJECT AREA NO. 1, AS AMENDED TAX ALLOCATION BONDS, ISSUE OF 1982 Bids to be received by the Agency on August 26, 1982, 11:00 AM, at the Law Offices of Richards, Watson, Dreyfuss & Gershon, A Professional Corporation, 333 South Hope Street, 38th Floor, Los Angeles, California 90071 The date of this Official Statement is August 19, 1982 $15,000,000 PALM DESERT REDEVELOPMENT AGENCY Project Area No. 1, As Amended Tax Allocation Bonds, Issue of 1982 INTRODUCTION The purpose of this Official Statement is to set forth information concerning the Palm Desert Redevelopment Agency, ( the "Agency") and its $15,000,000 Project Area No. 1, As Amended, Tax Allocation Bonds, Issue of 1982 ( the "Bonds") , in connection with the sale of the Bonds. The Bonds are authorized to be issued pursuant to the Constitution and laws of the State of California, particularly the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq., as amended and supplemented (the "Community Redevelopment Law"), Resolution No. 82-154, adopted by the Agency on August 12, 1982, and Resolution No. 82-155 adopted by the Agency on August 12, 1982 ( Resolution No. 82-154 and Resolution No. 82-155 col- lectively are herein sometimes referred to as the "Resolution"). The Community Redevelopment Law and the Constitution of the State of California provide, as one means of financing redevelopment projects, the issuance of tax allocation bonds. Security for the payment of the principal of and interest on tax allocation bonds are the property taxes collected on taxable property located within a project area generated by increased assessed valuation of such property following the adoption of a redevelopment plan for such project area. The Bonds are special obligations of the Agency and are secured by an irrevocable pledge of, and payable as to principal, premiums, if any, and interest from (i) Tax Revenues, as defined in the Resolution, and (ii) monies, if any, on deposit in the Funds and Accounts created under the Resolution and income earned on the investment of such monies. The Bonds are being offered to finance a portion of the costs of certain flood control facilities known as the Palm Valley Stormwater Project (the "Project") in conjunction with the Coachella Valley Water District and the City of Rancho Mirage. The Project is designed to provide 300 year flood protection to about 11,000 acres including most of the City of Palm Desert (the "City"), some portions of the Cities of Rancho Mirage and Indian Wells, as well as adjacent unincorporated prop- erty in Riverside County. The Project facilities will consist of a series of debris basins and concrete lined stormwater runoff channels. The Agency's original Project Area No. 1 was established in 1975 and included 580 acres all within the City of Palm Desert. During 1981 the Agency amended Project Area No. 1 to include areas subject to flooding as a result of stormwater runoff. This added 5,240 acres located both within and outside of the City of Palm Desert for an amended Project Area of 5,820 acres. The Coachella Valley Water District (the "District") , which is also responsible for storm drain- age within its 621 square mile service area ( which includes the Project Area, as amended) agreed to have plans and specifications prepared and to administer and supervise actual construction. On June 25, 1982 nine bids were received, the lowest price for construction alone being in the amount of $12,774,833 by E. L. Yeager Construction Company. Funds to be made available from sale of the Bonds, investment income, a no interest loan by the District and a contribution by the City of Rancho Mirage are adequate to meet this and other Project costs. THE BONDS Authority for Issuance The $15,000,000 Palm Desert Redevelopment Agency, Project Area No. 1, As Amended, Tax Allocation Bonds, Issue of 1982, (the `Bonds") currently being offered, were authorized pursuant to Resolution Nos. 82-154 and 82-155, adopted on August 12, 1982 by the Palm Desert Redevelopment Agency. The Bonds will be issued under the provisions of, and in full conformity with, the Constitution and laws of the State of California, including the Community Redevelopment Law commencing with Section 33000 of the California Health and Safety Code, (the "Law"), and acts amending or supplementing the Law. Description of the Bonds The $15,000,000 principal amount of Bonds consists of 3,000 Bonds, numbered 1 to 3,000, inclusive, of the denomination of $5,000 each, dated September 1, 1982. The Bonds shall mature on September 1 of each year and shall bear interest, payable March 1, 1983, and thereafter semiannually on March 1 and September 1, in each year. Principal matures on September 1 as follows: Principal Principal Year Amount Year Amount 1983 $ 400,000 1991 $ 995,000 1984 450,000 1992 1,115,000 1985 505,000 1993 1,250,000 1986 565,000 1994 1,400,000 1987 635,000 1995 1,570,000 1988 710,000 1996 1,755,000 1989 795,000 1997 1,965,000 1990 890,000 The Bonds and the interest thereon and any premiums upon the redemption thereof prior to maturity are payable in lawful money of the United States of America and ( except for interest on Fully Registered Bonds, which is payable by check or draft) are payable at the principal office of City National Bank, Fiscal Agent of the Agency, in Beverly Hills, California, or, at the option of the holder, at the office of any Paying Agent of the Agency in San Francisco, California or New York, New York. Redemption Prior to Maturity The Bonds maturing on or before September 1, 1988, are not subject to call or redemption prior to maturity. Bonds maturing on or after September 1, 1989 may be called before maturity and redeemed, at the option of the Agency, as a whole on any date and in part on any interest payment date on September 1, 1988, or on any date thereafter prior to maturity. If less than all of the Bonds outstanding are to be redeemed at any one time, the Bonds so to be redeemed shall be redeemed in inverse order of maturity and by lot within a maturity. The Bonds called for redemption shall be redeemed at a redemption price for each redeemed Bond equal to the principal amount thereof, 2 plus accrued interest to the redemption date, plus a premium as shown in the following table: Redemption Redemption Dates Price September 1,1988 through August 31,1989 102 % September 1,1989 through August 31, 1990 1013/4 September 1, 1990 through August 31,1991 101/ September 1,1991 through August 31,1992 1014 September 1,1992 through August 31,1993 101 September 1,1993 through August 31, 1994 1003/4 September 1, 1994 through August 31,1995 100I/2 September 1,1995 through August 31, 1996 1001 September 1, 1996 and thereafter Par Notice of Redemption Notice of any redemption will be published in a financial newspaper or journal, printed in the English language and customarily published on each business day, of general circulation in New York, New York not more than 60 days nor less than 30 days before the redemption dates of the Bonds. Such notice will also be mailed to the original purchasers of the Bonds and holders of any Fully Registered Bonds, but will not be mailed to the holders of Bearer Bonds in bearer form unless the holder files his name and address with the Fiscal Agent for the purpose of receiving such notice; provided, however, that neither failure to mail such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Bonds. If, at the time of giving notice of redemption, no Bonds are outstanding except Fully Registered Bonds, publication of such notice shall be deemed to have been waived if such notice shall have been mailed by registered or certified mail to the address of each registered owner of such Bonds as it appears on the registration books or of the Fiscal Agent at such address as he may have filed with the Fiscal Agent for that purpose. Registration To facilitate registration of the Bonds, two forms of Bonds have been provided: (1) those which are in negotiable form, payable to bearer with negotiable coupons ("Bearer Bonds"), and (2) those which are issued to facilitate registration and so are issued as Fully Registered Bonds payable to the registered owner ( "Fully Registered Bonds") negotiable only by proper transfer of registration. The Bearer Bonds are not registrable by endorsement, but may be exchanged for Fully Registered Bonds as provided in the Resolution. Fully Registered Bonds may be exchanged for Bearer Bonds. Transfer of ownership of a Fully Registered Bond or Fully Registered Bonds shall be made by exchanging the same for a new Fully Registered Bond or Fully Registered Bonds. All of such exchanges shall be made in such manner and upon such reasonable terms and conditions as may from time to time be determined and prescribed by the Agency; provided, however, no such exchange shall be made between the fifteenth day preceding any interest payment date and such interest payment date. Such exchanges shall be free of any costs or charges to the person, firm, or corporation requesting such exchange, except for any tax or governmental charge that may be imposed in connection with such exchange. Each Bearer Bond issued pursuant to the Resolution shall be of the denomination of $5,000. Each Fully Registered Bond issued pursuant to the Resolution shall be of a denomination which is $5,000 or a multiple thereof and shall be of the same issue. Legal Opinion The opinion of the Bond Counsel firms of Richards, Watson, Dreyfuss & Gershon, A Professional Corporation, Los Angeles, California, and Mudge Rose Guthrie & Alexander, New York, New York, 3 approving the validity of the Bonds and stating that interest on the Bonds is exempt from Federal income taxes and from State of California personal income taxes under existing statutes, regulations, rulings and court decisions will be furnished the successful bidder at the time of delivery of the Bonds at the expense of the Agency. A copy of the opinions of Richards, Watson, Dreyfuss & Gershon, A Professional Corporation, and Mudge Rose Guthrie & Alexander, certified by an officer of the Agency by facsimile signature, will be printed on the back of each Bond. No charge will be made to the purchaser for such printing or certification. Tax Exempt Status In the opinion of Bond Counsel, interest on the Bonds is exempt from Federal income taxes and from State of California personal income taxes under existing statutes, regulations, rulings and court decisions. At any time prior to the delivery of the Bonds, the successful bidder may withdraw the bid in the event that interest received by private holders from bonds of the same type and character shall be declared to be taxable income under present Federal income tax laws, either by a ruling of the Internal Revenue Service or by a decision of any Federal court, or if such interest shall be declared taxable by the terms of any Federal income tax law enacted and effective subsequent to the sale of the Bonds. Legality for Investment in California The Community Redevelopment law ( the "Law") provides that obligations authorized and issued under the Law shall be legal investments for all banks, trust companies and savings banks, insur- ance companies, custodians and various other financial institutions, as well as for trust funds and public bodies in the State of California. The Bonds are also authorized security for public deposits in California under the Law. CUSIP CUSIP identification numbers shall be imprinted on the Bonds at the expense of the Agency. Any error or omission with respect to such numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and pay for the Bonds. Security Attention is hereby directed to certain constitutional amendments, legislation and certain other matters which could affect the security and source of payment of the Bonds, more fully described under the heading "Risk Factors". General: the Bonds shall be and are special obligations of the Agency and are secured by an irrevocable pledge of, and are payable as to principal, premiums, if any, and interest from (i) Tax Revenues, (ii) monies, if any, on deposit in the Special Fund and the Redevelopment Fund and the income earned on the investment of such monies, and (iii) the proceeds of the Bonds and monies in the Redevelopment Fund. Tax Revenues: under provisions of the California Constitution, the Law and the Resolution, taxes on all taxable property in the Project Area, as amended, levied and collected by any taxing agency will be divided as follows: 1. An amount each year equal to the amount which would be produced by that year's tax rates applied to the assessed valuation of such property within the Project Area, as amended, 4 last equalized prior to the effective date of Ordinance Number 80 approving the Redevelopment Plan for the Original Project Area and Ordinance Number 275, approving the Amendment ( the 1974/75 assessment roll for purposes of the original Project Area and the 1981/82 assess- ment roll for purposes of the territory added by the Amendment) shall be paid into the funds of the respective taxing agencies; 2. Taxes received over and above that amount as a result of increases in assessed valu- ation ( the '"Tax Revenues"), for all of the Project Area as amended, except that portion within the territorial limits of the City of Indian Wells, will be deposited in the Special Fund of the Agency. The Tax Revenues are to be deposited in the Special Fund and applied by the Fiscal Agent to the payment of the principal and interest on the Bonds and Parity Bonds and the maintenance of reserves therefor. Investment Income: Investment earnings on the amounts on deposit in the Funds created by the Resolution are pledged to the benefit of the Bondholders. Remedies Any Bondholder has the right of mandamus or other appropriate remedy to compel the per- formance by the Agency and its members of the duties imposed by the Resolution and by the Law. Issuance of Parity Bonds If, (a) the Agency deems it necessary and desirable to issue and sell on a parity with the Bonds, all or part of the balance of the $20,000,000 Bonds authorized by the Resolution, or (b) the Agency determines that additional moneys will be required to pay the costs of the redevelopment of the Project Area, as amended, and that it will not have sufficient money available from the sale of the $20,000,000 principal amount of Bonds authorized by the Resolution or (c) upon provision for retirement or refunding of the Bonds, the Agency may authorize and sell Bonds or Parity Bonds as needed, subject to the following conditions: 1. The Agency shall be in compliance with all covenants set forth in the Resolution. 2. Tax Revenues, excluding State subventions, received or to be received by the Agency based upon the most recent equalized roll of taxable property in the Project Area, and the area added to the Project Area by the Amendment except that portion of such territory within the territorial limits of the City of Indian Wells shall be at least equal to 1.10 times the Maximum Annual Debt Service on all Bonds, Parity Bonds and any loans, advances or indebtedness payable from Tax Revenues on a parity with the Bonds pursuant to Section 33670 of the Law, which will be outstanding following the issuance of such Parity Bonds. 3. The Parity Bonds shall be serial Bonds or term Bonds or both and the interest on the Parity Bonds shall be payable semiannually on the same dates as interest on the Bonds is payable. 4. The resolution providing for such Parity Bonds shall require that from the proceeds of the sale thereof or from other legally available funds there shall be deposited in the Reserve Account an amount such that the balance in the Reserve Account shall equal the Maximum Annual Debt Service for the Bonds and Parity Bonds. Refunding Bonds The Agency may issue refunding bonds for the purpose of paying or retiring outstanding Bonds issued under the Resolution subject to their applicable redemption provisions. 5 Other Covenants Other covenants of the Agency under the Resolution are summarized below: 1. The redevelopment of the Project Area and the territory added by the Amendment will be completed with all practicable dispatch in a sound and economical manner and in accordance with the Redevelopment Plan and the Law. No amendment to the Redevelopment Plan will be made which could substantially impair the security of the Bonds or the rights of the Bondholders. 2. The proceeds of the sale of the Bonds will be deposited by the Agency and used as provided in the Resolution, and the Agency will cause all properties owned by it and comprising any part of the Project Area, as amended, to be managed and operated in a sound and business- like manner. 3. No other obligations payable from Tax Revenues will be issued having a lien upon the Tax Revenues superior to the Bonds, or, unless in compliance with the restrictions in the Resolution, on a parity with the Bonds. 4. The Agency will punctually pay, or cause to be paid, the principal and interest becoming due on the Bonds. 5. The Agency will punctually pay, or cause to be paid, any lawful governmental charges imposed and all claims for labor, materials and supplies which, if unpaid, might become a lien or charge which might impair the security of the Bonds. 6. The Agency will at all times keep, or cause to be kept, proper and current books and accounts ( separate from other records and accounts) in which complete and accurate entries will be made of all transactions relating to the redevelopment of the Project Area and territory added thereto by the Amendment and the Tax Revenues and other funds relating to such redevelopment, and will prepare within 120 days after the close of each fiscal year a complete financial statement covering such redevelopment and Tax Revenues and other funds, certified by a certified public accountant selected by the Agency, copies of which will be furnished to any Bondholder upon written request. 7. The net proceeds realized by the Agency from any eminent domain proceedings will be deposited in the Special Fund for the purpose of paying principal and interest on the Bonds. 8. The Agency will not dispose of more than 10% of the land area in the Project Area and the territory added thereto pursuant to the Amendment to public bodies or other entities whose property is tax exempt ( except property shown by the Redevelopment Plan and the Amendment as planned for such ownership, such as parks, civic center sites, historical sites and schools, or property to be used for public streets, off-street parking, sewage facilities, utility easements and the like) if as a result of such action the security of the Bonds or the rights of the Bondholders will be substantially impaired. 9. The Agency will preserve and protect the security of the Bonds and the rights of the Bondholders. It will contest governmental assertions that the interest on the Bonds is taxable under Federal income tax laws in effect on the date of issuance. It will take no action which, in the opinion of counsel, would result in the interest received by Bondholders becoming taxable under Federal income tax laws, and will make no use of the proceeds of the bonds which would cause the same to be arbitrage bonds within the meaning of Section 103(c) of the United States Internal Revenue Code of 1954, as amended, and applicable regulations adopted thereunder. Amendment of Resolution The Resolution may be modified or amended only with the consent of holders of 60% of all Bonds then outstanding, exclusive of Bonds owned by the Agency or the City, unless the modi- 6 fication or amendment is for the purpose of curing ambiguities, defects, or inconsistent provisions in the Resolution or to insert provisions clarifying matters or questions arising under the Resolution, and provided that such modifications or amendments do not adversely affect the rights of the Bond- holders, in which case no Bondholder's consent is required. No modification or amendment will extend the maturity or the times for paying interest, or the terms or conditions for redemption, change the monetary medium in which principal and interest are payable, reduce the interest rate or prin- cipal amount payable or reduce the percentage of consent required for amendment without the express consent of the Bondholder or registered owner of the Bond affected. Creation of Funds, Use of Proceeds The Resolution providing for the issuance of the Bonds requires the creation of a Special Fund which includes a Bond Interest Payment Account, a Serial Bond Payment Account, a Term Bond Sinking Fund Account and a Reserve Account. The Resolution also provides for the creation of a Redevelopment Fund ( all as hereinafter defined ), and the transfer of bond proceeds into certain funds and accounts as follows: (1) Accrued interest and premium, if any, paid by the original purchasers of the Bonds shall be placed in the Bond Interest Payment Account. (2) An amount equal to Maximum Annual Debt Service on the Bonds shall be deposited into the Reserve Account. (3) After making the above transfers, the balance of the proceeds from the sale of the Bonds shall be transferred to the Redevelopment Fund. The proceeds of the Bonds will be used in the manner set forth in the section entitled "Project." The Redevelopment Fund The Resolution provides for the creation with the Treasurer of the Agency the Redevelopment Fund for the purpose of administration and control of the proceeds to the Agency from the sale of the Bonds allocable to the Project. The moneys shall remain in the Redevelopment Fund until expended for financing the costs of the Project and other costs related thereto. Any moneys remaining in the Redevelopment Fund after completion of the Project shall be transferred to the Special Fund. Disposition and Application of Tax Revenues —The Special Fund Tax Revenues allocated to the Agency shall be paid into the Special Fund for the payment of principal and interest on the Bonds and any Parity Bonds hereafter issued by the Agency in accordance with the Resolutions authorizing the issuance of the Bonds and the Parity Bonds. The moneys in the Special Fund are to be allocated among the appropriate Accounts, and the remainder to the Reserve Account bringing it up to Maximum Annual Debt Service. When the Reserve Account requirement has been met, the surplus tax revenues may be used by the Agency for any lawful purpose including the redemption of bonds prior to maturity. See "Amendment to Project Area No. 1— Summary of Agreements" for a further description of the disposition of surplus tax revenues of the Agency. Deposit and Investment of Moneys in Funds Subject to the provisions of the Resolution, all moneys held by the Agency in the Redevelop- ment Fund and by the Fiscal Agent in the Special Fund, except such moneys which are at the time invested, shall be held in time or demand deposits in any bank or trust company authorized to accept deposits of public funds ( including the banking department of the Fiscal Agent) and shall be secured at all times by bonds or other obligations which are authorized by law as security for public deposits, of a market value at least equal to the amount required by law. 7 Moneys in the Redevelopment Fund may from time to time be invested by the Agency, and moneys in the Special Fund may, and upon written request of the Agency shall, be invested by the Fiscal Agent as provided by the Law and the Resolution. Moneys in the Redevelopment Fund shall be invested only in obligations which will by their terms mature not later than the date the Agency estimates the moneys represented by the particular investment will be needed for withdrawal from such Fund. Moneys in the Special Fund ( except moneys held in the Reserve Account) shall be invested only in obligations which will by their terms mature on such dates as to insure that before each interest payment date there will be in such Fund, from matured obligations and other moneys already in such Fund, cash equal to the interest and principal payable on such date. Moneys in the Reserve Account shall be invested only in marketable obligations which will by their terms mature in not more than five (5) years. Obligations purchased for the investment of moneys in such Funds and Accounts shall be deemed at all times to be a part of such Fund or Account, and the interest accruing thereon and any gain realized from such investment shall be credited to such fund and any loss resulting from any such authorized investment shall be charged to such fund or account without liability to the Agency or the members and officers thereof or to the Fiscal Agent. OTHER MATTERS CONCERNING THE BONDS Closing Documents In addition to the approving opinion of Bond Counsel, the Agency will, at the expense of the Agency, at time of delivery of the Bonds, furnish the original purchaser with the following documents, all to be dated as of the date of delivery: 1. Arbitrage Certificate. A certificate of a responsible officer of the Agency which supports the conclusion that based upon the facts, estimates and circumstances in effect at the time of delivery of the Bonds, the proceeds of the Bonds will not be used in a manner that will cause the Bonds to be arbitrage bonds. 2. No Litigation Certificate. A certificate of a responsible officer of the Agency that there is no litigation pending or to his knowledge threatened affecting the validity of the Bonds. 3. Signature Certificate. Certificates of the respective officers and representatives of the Agency showing that they have signed the Bonds, by manual or facsimile signature, and that they were duly authorized to execute the same. 4. Receipt. The receipt of the Treasurer of the Agency showing that the purchase price of the Bonds, including accrued interest to the date of delivery, has been received by the Agency. 5. Certificate Concerning Official Statement. A certificate, signed by an appropriate officer of the Agency acting in his official capacity, to the effect that to the best of his knowledge and belief, and after reasonable investigation, (a) neither this Official Statement nor any amendment or supplement thereto contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances in which they were made, not misleading, (b) since the date of this Official Statement no event has occurred which should have been set forth in an amendment or supplement to this Official Statement which has not been set forth in such an amendment or supplement, and (c) there has been no material adverse change in the operation or financial affairs of the Agency since the date of this Official Statement. 8 Fiscal Agent and Paying Agents The Fiscal Agent will be City National Bank, Beverly Hills, California. The Fiscal Agent will act as the agent, trustee and depositary of the Agency for the purpose of receiving Tax Revenues. Paying Agents are First Interstate Bank, San Francisco, California and Chemical Bank, New York, New York. The Fiscal Agent has no duty or obligation whatsoever under the Resolution to enforce the collection of or to exercise diligence in the enforcement of the collection of funds assigned to it there- under, or as to the correctness of any amounts received, but its liability shall be limited to the proper accounting for such funds as it shall actually receive. Financing Consultant Birr, Wilson & Co., Inc. is Financing Consultant to the Agency concerning the Bonds. In this connection Birr, Wilson & Co., Inc. conducted the necessary research and assembled, reviewed and analyzed financial, economic and other pertinent data relating to the financing of the Project. Financing Consultant fees are contingent on the sale and successful delivery of the Bonds. RISK FACTORS Property Tax Limitation A constitutional amendment (Initiative Constitutional Amendment —Property Tax Limitation, commonly referred to as the "Jarvis -Gann Initiative") was adopted at the June 6, 1978, California General primary election and became Article XIIIA of the Constitution. Section 1 of Article XIIIA limits the maximum ad valorem tax on real property to 1% of full cash value (as defined in Section 2), to be collected by the counties and apportioned according to law. Section 2 of Article XIIIA defines "full cash value" to mean "the county assessor's valuation of real property" as shown on the 1975-76 tax bill under 'full cash value' or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment". The full cash value may be adjusted annually to reflect inflation at a rate not to exceed 2% per year, or reduction in the consumer price index or comparable local data, or reduced in the event of declining property value caused by damage, destruction or other factors. The California State Board of Equalization has adopted regulations, binding on county assessors, interpreting the meaning of "change in ownership" and "new construction" for purposes of determining full cash value of property under Article XIIIA. On September 22, 1978, the California Supreme Court upheld the validity of Article XIIIA against a series of challenges which attacked Proposition 13 as a whole (Anwdor Valley Joint Union High School District us. State Board of Equalization). The Court found that it was premature to rule on the claim that Article XIIIA impermissibly interfered with contracts in violation of the U. S. Constitution, stating that such a challenge must come when a specific contract or obligation is impaired. The Court left open for future decision many other questions regarding the implementa- tion and detailed interpretation of Article XIIIA. Legislation enacted by the California Legislature to implement Article XIIIA (Statutes of 1978, Chapter 292, as amended) provides that notwithstanding any other law, local agencies may not levy any property tax except to pay debt service on indebtedness approved by the voters prior to July 1, 1978, and that each county will levy the maximum tax permitted by Article XIIIA of $4.00 per $100 of assessed valuation (based on the traditional practice of using 25% of full cash 9 value as the assessed value for tax purposes). The apportionment of property taxes in fiscal years after 1978-79 was revised pursuant to Assembly Bill 8 (Statutes of 1979, Chapter 282) Nvhich was signed by the Governor on July 24, 1979. Chapter 2S2 provides relief fends beginning in fiscal year 1979-80 and is designed to provide a permanent system for sharing State taxes and budget surplus funds with local agencies. Under Chapter 282, cities and counties will receive about one- third more of the remaining property tax revenues collected under Proposition 13 instead of direct State aid. School districts are expected to receive a correspondingly reduced amount of property taxes, but will be compensated directly by the State and given additional relief. Chapter 282 will not affect the derivation of the base tax levy ($4.00 per $100 assessed valuation) and the bonded debt tax rate. Future assessed valuation growth allowed under Article XIIIA ( new construction, change of ownership, 29'o value growth ) will be allocated on the basis of "situs" among the jurisdictions that serve the tax rate area within which the growth occurs. Local agencies and schools will share the growth of "base" revenues from the tax rate area. Each year's growth allocation becomes part of each agency's allocation in the following year. The Agency is unable to predict the nature or magnitude of future revenue sources which may be provided by the State to replace lost property tax revenues. Section 4 of Article XIIIA effectively prohibits the levying of any other ad valorem property tax above the limits set in Section 1, even with the approval of the affected voters. Other Factors Affecting Tax Revenues Certain exemptions from property taxes have been granted to specific classes of property located in California. Revenues lost by local taxing agencies from two of these exemptions (the business inventories exemption and the homeowners property tax exemption) are reimbursed by the State and are allocated to eligible redevelopment agencies in the same manner as locally collected taxes. Revenues lost as a result of other types of exemptions are not reimbursed, and assessed valuations of such exempt property are not reflected in either the base roll or subsequent years' rolls. There is no assurance that additional tax rate limitations or exemptions will not be approved, nor is there any assurance that revenues lost will continue to be reimbursed to local taxing agencies or allocated to redevelopment agencies. To the extent that such limitations or exemptions are approved, and the reimbursement and allocation of lost revenues arc not made, the security of the Bonds could be adversely affected. Redevelopment agencies in California do not have the power to levy or collect property taxes, but must rely upon the taxes levied on property within a project by other taxing agencies for the production of tax revenues.. On December 30, 1976, in the case of Serrano v. Priest, 18 Ca1.3d 728 (1976) the California Supreme Court affirmed a lower court decision holding the State's system of financing public ele- mentary and secondary education unconstitutional under the equal protection provisions of the California Constitution. The Court so held based on the premise that educational opportunity under the present system varies as a function of the assessed valuation per student in average daily atten- dance in a given school district, and that there was no compelling state interest justifying such discrimination. The State Legislature in its 1977 session made certain adjustments in the system of financing public elementary and secondary schools, one of which was the remission of subventions to local 10 taxing districts whose expenditures per student were below a given norm, in an effort to meet the requirements set forth in Serrano v. Priest, none of which adversely affect redevelopment agency financing. Whether or not these adjustments will be held by the Courts to be adequate, and, if not, what system of financing public elementary and secondary schools will be chosen for enactment by the State Legislature (and whether such system will meet the applicable constitutional pro- visions), is open to speculation. Any property tax de -emphasis will necessarily have an adverse effect on the Tax Revenues to be received by the Agency. To the extent that this decision, and any future legislative or judicial action required to imple- ment or enforce such decision, may limit the ability of schools to continue to levy ad valorem property taxes for the support of education, Tax Revenues will be reduced, adversely affecting the security of the Bonds. The debt service coverage computations contained in this Official Statement assume that there will be no property tax de -emphasis as a result of the Serrano v. Priest decision. Government Spending Limitation The State-wide special election on November 6, 1979 approved an initiative seeking an amend- ment to the California Constitution entitled "Limitation of Government Appropriation", which added Article XIII B to the California Constitution ("Article XIII B") . Under Article XIII B, State and local government entities have an annual "appropriations limit" and are prohibited from spending certain monies which are called "appropriations subject to limitation" (consisting of tax revenues, State subventions and certain other funds) in an amount higher than the "appropriations limit". Article XIII B does not affect the appropriation of monies which are excluded from the definition of "appropriations subject to limitation", including debt service on indebtedness existing or autho- rized as of January 1, 1979, or bonded indebtedness subsequently approved by the voters. In general terms, the "appropriations limit" is to be based on certain 1978/79 expenditures, and is to be adjusted annually to reflect changes in consumer prices, population, and services provided by these entities. Among other provisions of Article XIII B, if these entities' revenues in any year exceed the amounts permitted to be spent, the excess would have to be returned by revising tax rates or fee schedules over the next subsequent two years. To the extent of any such revision of tax rates, Tax Revenues may be affected, since tax alloca- tions to the Agency are a product of the taxes levied by certain taxing agencies having jurisdiction within Project Area No. 1, As Amended. The California Legislature has adopted several statutes in implementation of Article XIIIB, including Chapter 1205, Statutes of 1980, which contains procedures for a local government to estab- lish an "appropriations limit" for a given fiscal year. Chapter 1205 also contains a limitation upon the period within which any person may commence an action attacking the "appropriations limit" so established. The California Legislature has also adopted Chapter 1342, Statutes of 1980, wherein it declared that tax revenues of a redevelopment agency are not "proceeds of taxes" within the meaning of Article XIIIB and the expenditure of such tax revenues are not "appropriations subject to limitation" under Article XIIIB. In the opinion of Weiser, Kane, Balimer & Berkman, Los Angeles, California, Special Counsel to the Agency, the Tax Revenues are not proceeds of taxes subject to Article XIII B appropriations limits and therefore not subject to the limitations contained therein. The opinion of Weiser, Kane, Balimer & Berkman is based upon an analysis of the Constitution and laws of the State of Cali- fornia and certain court decisions. However, no Appellate Court decision has specifically addressed 11 the conclusions reached by the opinion of Weiser, Kane, Ballmer & Berkman, and in the absence of such a decision the matter is not free from doubt. In the event that the Tax Revenues were held to be proceeds of taxes subject to the Article XIII B appropriations limit it would substantially eliminate the amount of Tax Revenues that the Agency could appropriate for the repayment of the Bonds.. The legal opinions of Richards, Watson, Dreyfuss & Gershon, A Professional Corporation, and Mudge Rose Guthrie & Alexander approving the validity of the Bonds and the exemption of interest on the Bonds from income taxes of the United States of America and under present State income tax laws, do not express an opinion on the subject of Article XIII B. The Agency has no power to levy and collect taxes, and any legislative property tax de -emphasis or provision of additional sources of income to taxing agencies having the effect of reducing the property tax rate, must necessarily reduce the amount of Tax Revenues that would otherwise be available to pay the principal of, and interest on, the Bonds. Likewise, broadened property tax exemptions or legislation reducing reimbursements for taxes on business inventories could have a similar effect. Business Inventory Exemption Pursuant to legislation adopted in 1979 (Statutes of 1979, Chapter 1150), business inventories are entirely exempt from taxation in fiscal year 1980/81 and each fiscal year thereafter. This law further provides a formula for reimbursement by the State to cities, counties, cities and counties, special districts and school districts (which local agencies are not specifically defined to include redevelopment agencies) for the amount of tax revenues lost by reason of such exemption, as adjusted for percentage changes in the population and the cost of living. Under prior State law, the State paid 50% of the taxes that were levied against business inventory to local governments. Under Chapter 1150, the State pays, as a subvention, an amount equal to 100% of taxes that would otherwise be due (excluding taxes to pay for voter approved indebtedness) from business inventories commencing with the 1980/81 fiscal year computed as follows: 1978/79 is established as the base year for business inventory subventions; thereafter, the subventions due are increased based upon increases in population and inflation. There is no additional increase as a result of expanded business inventories. The effect of Chapter 1150 will be to eliminate current and future business inventories from assessment and taxation, with the State reimbursing local agencies (which are not specifically defined to include redevelopment agencies) for lost revenue equal to the total due in 1978/79 with annual increases allowed based on increases in population and inflation. Legislation adopted in 1980 (Statutes of 1980, Chapter 610) provides for State reimbursement revenues to redevelopment agencies to replace revenues lost due to the elimination of business inventory assessments. Such legislation provides for restoration of business inventory revenue amounts through the annual addition of "artificial" assessed value not actually existing in a project area to the tax rolls of redevelopment projects. The amount of assessed value to be added is based initially on business inventory existing in a project area in 1979/80 and adjusted yearly to reflect changes in population of the city or county in which the project area is located and the rate of inflation. The subvention for the original Project Area for the 1980-81 fiscal year was $44,057. Subventions for that year were computed as follows: the sum of tax revenue which the Agency would have received in 1979-80 with respect to business inventory if the countywide property tax rate had been $4.00 per $100 of assessed valuation, plus an adjustment with respect to tax revenues on livestock, adjusted by a multiplier to reflect changes in county population and cost of living. The effect of this adjustment is to have the new assessed value yield revenues from State reimbursements equivalent to those that would be generated if a project area had a tax rate of $4.00 per $100 of assessed value (the equivalent of a 1% levy given assessed value of 25% of market value). 12 Although the legislation provided an annual adjustment of State reimbursement revenues to reflect changes in population and inflation for local agencies and redevelopment agencies for the 1981/82 year, the Legislature mandated in the State budget an inflation adjustment of only 2.92%. This decrease in the inflation adjustment for State reimbursement revenues was based on the Legislature's need to reduce State expenditures. A similar inflation adjustment of 5% has been proposed in the Governor's budget for 1982/83. This proposed inflation adjustment could be reduced further by the Legislature. Similar reductions of the inflation adjustment could continue in future years. Additionally, the basis of the annual increase for the inflation calculation of the State business inventory subvention has been changed from the cost of living index to the lower of cost of living index or the increase in California per capita personal income. The subvention for the original Project Area for the 1981-82 fiscal year was $45,342. Subventions for that year were computed by multiplying the subvention for the prior fiscal year by 1.029. For each fiscal year thereafter, the subvention will equal (i) the subvention for the prior fiscal year, multiplied by (ii) the lesser of (a) the cost of living as changed for the calendar year in which such fiscal year begins, or (b) California per capita income as changed for the calendar year preceding the beginning of such fiscal year, multipled by (iii) county population as changed for the calendar year preceding the beginning of such fiscal year, (iv) all adjusted with respect to certain investment income. Fiscal Agent is not Trustee Fiscal Agent does not serve as an indenture trustee and therefore has no duty or obligation what- soever under the Resolution to enforce the collection of or to exercise diligence in the enforcement of the collection of funds assigned to it thereunder, or as to correctness of any amounts received, but its liability shall be limited to the proper accounting for such funds as it shall actually receive. Bond- holders' rights may be asserted only by the bondholders in accordance with the Resolution and applicable law. LITIGATION No litigation is pending or, to the knowledge of the Agency threatened in any court, questioning the official existence of the Agency or the validity of the Bonds, or seeking to restrain or enjoin the issuance or delivery of any of the Bonds or the power to collect and pledge revenues to, to pay the Bonds. 13