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Public Financing Opportunities

September 10th, 2004

The Development Planning & Financing Group LLC (“DPFG”) may provide professional services to developers and home builders with development projects located within the following states: Arizona, California, Colorado, Florida, Hawaii, Nevada, New Mexico, Texas and Utah.

The descriptions of public financing vehicles shown below is not intended to be all inclusive however, we have attempted to enumerated the most prevalent public financing vehicles which are available to developers in that particular state. It should be noted that when we are assisting in the preparation of a financing strategy for a client, we investigate the use of all public financing vehicles which are available and practical. It should be noted that all of the public financing vehicles shown below allow the developer to pass on the debt service obligation of the tax exempt bonds to the end users of the property.

ARIZONA

Improvement Districts(“ID”): An ID is formed by the incorporated city/town and or a county in which the development project located. IDs may issue tax exempt special assessment bonds typically with a maturity not to exceed 20 years for the construction of the following public improvements:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Bridges/underpasses/overpass projects

  • Off street parking projects

  • Curb and gutter projects

  • Street light projects

  • Traffic signalization projects

  • Storm drainage projects

 

Community Facilities Districts (“CFD”): A CFD may be established in an incorporated city or town and may issue tax exempt special assessment, general obligation and/or revenue bonds to fund the construction of public improvements. CFD bonds typically have a terms of not to exceed 25 years. CFD bonds my fund the acquisition and/or construction of the following public improvements:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Street light projects

  • Traffic signalization projects

  • Parks and recreational projects

  • Public building projects

  • Parking structure projects

  • Landscaping and lakes projects

  • School facility projects

  • Pedestrian mall projects

  • Enhanced public services

 

For further details see the AZ CFD Opportunities section of our web site.

 

CALIFORNIA

Mello-Roos Districts: The Mello-Roos Community Facilities District Act of 1982 provides a mechanism by which certain public entities, such as cities, counties, special districts, school districts, joint powers entities and redevelopment agencies, may finance the construction and/or acquisition of facilities and provision of certain services. Examples of public facilities that may be financed include:

  • Local park and recreation, open-space facilities

  • Elementary and secondary schools and sites

  • Libraries

  • Child care facilities

  • Facilities to transmit and distribute water, natural gas, telephone, electrical energy, cable television

  • Flood and storm protection facilities

  • Roadways

  • Landscaping

  • Sewer Facilities

  • Fire and police facilities

  • Remediation of hazardous materials

 

Tax exempt bonds are issued and secured by a special tax levy encompassing the property benefited by the improvements. The bonds may not have a maturity of longer than 40 years.

 

Redevelopment Districts: A redevelopment districted is created by a city or a county and may issue bonds for any of the corporate purposes of the redevelopment agency which include:

  • Acquisition of real property

  • Development of real property

  • Construction or reconstruction of streets, highways and sidewalks

  • Installation of public utilities

 

A developer may elect to receive a portion of the annual property tax increment generated by the development located within the boundaries of a redevelopment area to reimburse the developer for the cost of eligible public improvements. Alternatively, the developer may elect to issue tax allocation bonds which are secured by the annual property tax increment anticipated to be generated over the life of the redevelopment district.

 

COLORADO

Metropolitan District (“MD”): The MD is the most prevalent and developer friendly public financing vehicle available for use in Colorado. A MD is a separate political subdivision initial formed and operated by a developer within a city/town or county for the purpose of issuing tax exempt bonds to fund the construction and/or acquisition of public improvements. Public improvements eligible for financing include:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Landscaping projects

  • Parks and recreational projects

  • Street Light projects

  • Traffic signalization projects

  • Storm drainage projects

 

A MD may issue general obligation and revenue bonds which do not exceed 40 years in maturity.

 

FLORIDA

Community Development Districts (“CDD”) : A CDD is created by the county in which the development project is located and may issue tax exempt special assessment, general obligation and/or revenue bonds to finance the construction and/or acquisition of the following public infrastructure projects:

  • Engineering, surveying, stalking

  • Roadways

  • Water

  • Wastewater

  • Storm drainage

  • Bridges

  • Parking improvements

  • Environmental remediation costs

  • Parks and related facilities

  • Fire prevention and control

  • School buildings and related structures

  • Waste collection and disposal

  • Street lighting and Signage

 

CDD bonds may have a maturity which is greater than 40 years.

 

HAWAII

Community Facilities Districts (“CFD”): A CFD may be established in a county and may levy a special tax to issue bonds to fund the acquisition and/or construction of public improvements. CFD bonds typically have a terms of not to exceed 40 years. CFD bonds my fund the acquisition and/or construction of the following public improvements:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Street light projects

  • Traffic signalization projects

  • Parks and recreational projects

  • Public building projects

  • Parking structure projects

  • Landscaping projects

  • School facility projects

  • Gas / Electrical / Cable / Telephone

 

NEVADA

Special Improvement Districts (“SIDS”): SIDs are the most common tax exempt bond financing utilized within the state of Nevada to finance the construction of public infrastructure. SIDs may be formed by any incorporated city or town or by the county in which the development project is located. A developer may finance the acquisition, construction, operation and/or repair of the following public improvements through the use of SID:

  • Commercial area vitalization project

  • Curb and gutter project

  • Drainage project

  • Offstreet parking project

  • Overpass project

  • Park project

  • Sanitary sewer project

  • Sidewalk project

  • Storm sewer project

  • Street project

  • Street beautification project

  • Transportation project

  • Underpass project

  • Water project

  • Electrical project

  • Telephone project

 

A SID may issue tax exempt special assessment bonds that do not have maturity in excess of 20 years.

 

New Mexico

Public Improvement District (“PID”): A PID  may be established in a municipality or county and may issue general obligaton, special tax levy and/or revenue bonds to fund the acquisition and/or construction of public improvements. PID bonds typically have a terms of not to exceed 30 years. PID bonds my fund the acquisition and/or construction of the following public improvements:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Street light projects

  • Traffic signalization projects

  • Parks and recreational projects

  • Public building projects

  • Parking structure projects

  • Landscaping projects

  • School facility projects

  • Gas / Electrical / Cable / Telephone

  • Equipment
  • Construction Management Fees

TEXAS

Improvement Districts(“ID”): An ID is formed by the incorporated city/town and or a county in which the development project located. IDs may issue tax exempt special assessment bonds typically with a maturity not to exceed 40 years for acquisition and/or construction of the following public improvements:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Bridges/underpasses/overpass projects

  • Off street parking projects

  • Curb and gutter projects

  • Street light projects

  • Traffic signalization projects

  • Storm drainage projects

 

Municipal Utility Districts (“MUD”): A MUD may be formed in an incorporated city/town or in the county in which the project is located for the purpose of acquiring, constructing and/or repairing the following public improvements:

  • Water projects

  • Sewer projects

  • Solid waste disposal projects

  • Storm drainage projects

  • Parks and recreational projects

A MUD may issue general obligation and/or revenue bonds with a maturity of no longer than 40 years for the purpose of financing the acquisition, construction, repair and/or operation of the aforementioned projects.

 

UTAH

Improvement Districts(“ID”): An ID is formed by the incorporated city/town or county in which the development project located. An ID may issue tax exempt special assessment bonds with a maturity not to exceed 20 years for acquisition and/or construction of the following public improvements:

  • Water projects

  • Sewer projects

  • Roadway projects

  • Landscaping projects

  • Street lighting

  • Electrical projects

  • Parking facilities

  • Improvements related to research and/or industrial parks

  • Curb and gutter projects

  • Street lights and Signage

  • Storm drainage projects

 

Special Service Districts (“SSD”): SSDs may be formed by a city/town, county or an improvement district for the purposes of supplying:

  • Water

  • Sewage

  • Drainage

  • Flood control

  • Garbage

  • Health care

  • Transportation

  • Recreation

  • Fire protection

  • Street lighting

  • 911 dispatch

  • Snow removal

 

A SSD may construct and/or acquire the aforementioned public projects via the use of tax exempt general obligation bonds and/or revenue bonds. It should be noted that a development may contain both an improvement district and a SSD and thus have the ability to issue both tax exempt special assessment bonds, general obligation bonds and revenue bonds.

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