Simplified Procedures for Local Governments Seeking the Comptroller's Approval of Certain Matters Relating to Refunding Local Debt Pursuant to Sections 90.00 and 90.10 of the Local Finance Law
Pursuant to Sections 90.00(c)(2) and 90.10(g) of the Local Finance Law, advance refunding bonds (with limited specified exceptions relating to New York City) and certain current refunding bonds may not be issued until a certificate approved by the State Comptroller is filed with the issuer's finance board setting forth the present value of the total debt service savings to the issuer resulting from the issuance of the refunding bonds. In addition, refunding bonds may only be sold at private (interpreted to include negotiated) sale if the terms and conditions of the sale are approved by the Comptroller. Local Finance Law, § 90.10, par. f, subd. 2. We ask that local governments seeking approval of present value savings and/or terms and conditions comply with the following procedures.
I. COVER LETTER. An application for approval of a present value savings certificate should include a cover letter that lists the documents submitted and sets forth the closing (delivery) date of the refunding bonds.
II. DOCUMENTS. In addition to the cover letter, the application should include each of the documents listed below (except for item f, which should be filed in accordance with the instructions on the form). One original, signed application should be submitted to the State Comptroller at:
New York State Office of the State Comptroller
Division of Legal Services
110 State Street, 14th Floor
Albany, NY 12236-0001
In addition, an electronic copy of the application should be sent via email to: [email protected].
- The Refunding Financial Plan, which should include at a minimum:
- A complete sources and uses table including any municipal resources other than bond proceeds to be used for expenses or costs of issuance, to reduce the size of the refunding or for any other purpose related to the refunding;
- A complete schedule (including due dates) of principal and interest due on the bonds being refunded and a schedule of principal and interest due on any unrefunded bond maturities that are required to be taken into consideration in calculating compliance with the fifty per cent rule or a level debt service schedule;
- A complete schedule (including due dates) of principal and interest due on the refunding bonds;
- A calculation of the Effective Interest Cost as defined in section 90.10(b)(2)(a);
- A calculation of the present value of the total payments of principal and interest to become due on the refunding bonds (including a calculation of present value by maturity and interest payment date) which are not to be paid from income received as a result of investing the proceeds of the refunding bonds;
- The amount of accrued interest to be received by the issuer that will not be used to pay principal of or interest on the bonds being refunded or to pay costs of issuance of the refunding bonds;
- A calculation of the present value of the total payments of principal and interest to become due on the bonds to be refunded (including a calculation of present value by maturity and interest payment date); and
- The present value savings calculated in accordance with section 90.10(b)(2)(a).
- If the bonds are to be sold at private or negotiated sale, a letter signed by the chief fiscal officer of the issuer setting forth the terms and conditions of the sale, which shall be in the form set forth below:
Office of the New York State Comptroller
110 State Street
Albany, NY 12236-0001
Re: County/City/School District of [ ], New York
$[ ] Refunding Bonds, Series [ ]
Approval of Terms and Conditions of Private Sale
Dear Comptroller [ ]:
On behalf of the County/City/School District, New York, I hereby request pursuant to section 90.10(f)(2) of the Local Finance Law your approval of the terms and conditions of the private sale of the above referenced bonds as set forth in the attached Debt Issuance Approval Request Form.
Very truly yours,
[Chief Fiscal Officer]
The Comptroller's approval of this private or negotiated sale of bonds or notes does not constitute an approval, or opinion as to either the legality or effect, of any other matter, including the risk to the issuer of any derivative or hedge transactions undertaken in connection with such sale.
- A Certificate Pursuant to Section 90.10(g) of the Local Finance Law, signed by the chief fiscal officer, which should contain, at a minimum, the following:
- A description of the bonds being refunded including (for each issue being refunded) the original principal amount, dated date, issue date, principal amount outstanding, principal amount being refunded, and, if all maturities are not being refunded in full, the maturities and / or portions of maturities that are being refunded;
- A description of the refunding bonds, including principal amount, dated date, issue date and maturities, and a description of the authorizing resolution which shall include a statement that it was duly adopted by the governing board and the date adopted;
- The effective interest rate on the refunding bonds as calculated in accordance with section 90.10(b)(2)(a);
- The present value of the total payments of principal of and interest to become due on the refunding bonds other than principal and interest to be paid from income earned as a result of the investment of the proceeds from the sale of the refunding bonds;
- All costs and expenses of the refunding not paid from bond proceeds;
- Accrued interest to be received by the issuer and not to be used to pay principal or interest on the bonds to be refunded or costs of issuance of the refunding bonds;
- Any other cash contribution of the issuer to the refunding;
- The present value of the of the principal and interest payments to become due at their stated maturities or payment dates on the principal amount of bonds to be refunded which are outstanding as of the date of issue of the refunding bonds; and
- The present value of the total debt service savings to the issuer resulting from the issuance of the refunding bonds computed in accordance with the provisions of section 90.10(b)(2)(a).
- A letter from Bond Counsel to the issuer, addressed to the Comptroller, stating that the refunding bonds will not be issued until Bond Counsel has rendered its validity opinion and that the Comptroller may rely on that opinion when issued with the same force and effect as if it had been addressed to the Comptroller. A copy of the opinion and a concurrent reliance letter shall be sent to the Comptroller immediately after the closing.
- A complete copy of the final official statement for the refunding issue and cover pages (which shall include maturity schedules), if available, of the final official statements for each issue of bonds any portion of which is being refunded by the refunding issue.
- In addition, if the bonds are to be sold at private or negotiated sale, the issuer's financial advisor or the underwriter of the issue shall submit the form Debt Issuance Approval Request Form in accordance with the instructions on the form together with a copy of the cover of the preliminary official statement.
III. TIME FOR SUBMISSION OF APPLICATION. Section 90.10(g) prohibits the Comptroller from approving the certificate less than 10 days after its receipt. Issuers must submit their application for approval a minimum of 10 days prior to the anticipated closing date.