Marks-Roos Local Bond Pool Participants
Updated August 2016
The following guidelines are provided by the California Debt and Investment Advisory Commission (“CDIAC” or the “Commission”) to implement the reporting requirements of Government Code Section 6599.1(b) of the Marks-Roos Local Bond Pooling Act of 1985, as amended (Sections 6584 et seq.) (the “Act”).
Any joint powers authority (“Authority”) selling bonds pursuant to the Act, on or after January 1, 1996, which uses the proceeds to acquire one or more local obligations is required to report annually on the fiscal status of the Authority bonds and the local obligations acquired until the final maturity of the authority bonds. These financings are identified as reportable Marks-Roos issues. The report must be submitted to CDIAC no later than October 30 each year.
CDIAC has developed the Marks-Roos Yearly Fiscal Status Report for Authority Issue to standardize and facilitate reporting on the Authority bonds. The annual report covers Authority bonds sold under the Act between January 1, 1996 through June 30th of the reporting year which used the proceeds to acquire one or more local obligations and, which are still outstanding as of the beginning of the fiscal reporting period.
These instructions pertain to the reporting requirements for the reportable Marks-Roos Authority issues. The JPA is usually identified as a Financing Authority (FA), Public Financing Authority (PFA) or Public Facilities Financing Authority (PFFA) and is referred to herein as the Authority. An Authority should use the Marks-Roos Yearly Fiscal Status Report for Authority Issue to satisfy their annual reporting requirement.
Definitions used in these guidelines:
Acquired local obligation (“LOB”) means the bonds of a local agency which were purchased with the proceeds of the Authority bonds or a loan made to a local agency with the proceeds of the Authority bonds.
Bonds, as defined in the Act (Government Code Section 6585(c)), means – (1) Bonds, including, but not limited to, assessment bonds, redevelopment bonds, government-issued mortgage bonds, and industrial development bonds; (2) Notes, including bonds, revenue, tax, or grant anticipation notes; (3) Commercial paper, floating rate and variable maturity securities, and any other evidence of indebtedness; and (4) Certificates of participation or lease-purchase agreements.
Date of Bond Issue/Loan means the date of sale (mutual acceptance of the terms of the contract between the Authority and the local obligor).
Final Maturity means the point at which the holders of the bonds have been fully repaid the principal amount of the bonds(s) plus accrued interest and redemption premium, if applicable.
Fiscal Year or Fiscal Reporting Period means July 1st through June 30th annually.
Issue means Bonds as described above.
Local Obligor means the local agency whose bonds were purchased by the Authority or who received a loan from the Authority using the proceeds of the Authority bond sale.
Retired means that all bonds constituting an issue have reached the condition of Final Maturity.
Reportable Marks-Roos Issue means the bonds issued by an Authority under the Act and the local obligations acquired with the proceeds of those bonds.
Reporting Year means the year beginning July 1st through June 30th.
Yearly Fiscal Status Report means the Marks-Roos Yearly Fiscal Status Report for Authority Issue.
Section 6599.1(b) of the Government Code states that beginning January 1, 1996, and each year thereafter the sale of any bonds by the Authority for the purpose of acquiring local obligations, the legislative body shall, not later than October 30th of each year until the final maturity of the bonds, supply the following information to the Commission:
- The principal amount of the bonds outstanding, both Authority bonds and local obligations with the proceeds of the Authority bonds.
- The balance in the reserve fund.
- The costs of issuance, including ongoing fees.
- The total amount of administrative fees collected.
- The amount of administrative fees charged to each local obligation.
- The interest earnings and terms of all guaranteed investment contracts.
- Commissions and fees paid on guaranteed investment contracts.
- The delinquency rate on all local obligations.
- The balance in capitalized interest accounts.
A Yearly Fiscal Status report must be submitted for all local obligations acquired on or after January 1, 1996 through June 30th of the reporting year, the end of the fiscal reporting period. The report must be received no later than October 30th of the reporting year.
In order to satisfy the annual reporting requirements of the Act, an Authority will receive a courtesy request to complete a Yearly Fiscal Status Report from the Commission on or about August 1st of each year. The request will include a list of all reportable Authority bonds and their associated LOBs with a bond sale date prior to the end of the fiscal reporting period for the reporting year. A report on the status of all Authority bonds which are outstanding as of the beginning of the reporting fiscal period must be submitted. Non receipt of this courtesy request does not relieve the Authority of the responsibility to report. An Authority selling an issue structured as Senior/Subordinate series bonds will be required to file a Yearly Fiscal Status Report for each series. Issuers should use the Marks-Roos Yearly Fiscal Status Report for Local Obligors to submit the fiscal status of acquired local obligation.
General Instructions for Completion of the Marks-Roos Yearly Fiscal Status Report for Authority Issue:
- Complete all sections of the report.
- Report all fund balance as of June 30th, the end of the fiscal year for the reporting period.
- Section I-A through E - General Information: List the Authority Issuer, Name/Title/Series of Bond Issue, Project Name and the actual Sale Date of the Bond Issue; report the Original Principal Amount of the Bonds.
- Section I-F - Reserve Minimum Balance: If the Authority funded a reserve using the proceeds of its bond issue, report the minimum balance of the reserve fund (if any) required according to the financing documents.
- Section I-G - Total Issuance Costs: In the initial report, the total cost of issuance for the bond issue (including underwriter's discount, bond counsel and financial advisor fees, printing, insurance and ratings) were paid from the bond proceeds. These costs are only to be reported on the first filing date, and this item left blank in subsequent reports.
- Section II-A, B, C - Principal Amount of the Bonds Outstanding, Total Bond Reserve Fund (calculated field), Bond Reserve Cash; Bond Reserve Surety Bond and the Capitalized Interest Fund: the balances should be reported as of June 30th of each reporting year. The Total Bond Reserve Fund is a calculated field which shows the total of the Bond Reserve Cash and Bond Reserve Surety Bond fields.
- Sections III-A, 1 & 2 - Fees for Professional Services: Report annual fees paid for ongoing professional services in connection with the bond issue. This may include financial advisory fees, consulting fees and administration fees. Investment contract fees are covered in a separate item below.
- Sections III-B, 1, 2, & 3 - Local Obligation Borrower: List each LOB agency and type of obligation, i.e., purchase of bonds (BP), or loan of proceeds (L). Enter the original bond purchase or loan amount in Section III-B (3).
- Section III-B, 4 - Administration Fees: Report the yearly administration fees charged against LOB.
- Sections III-C, 1, 2 & 3 - Investment Contracts: State the terms of any guaranteed investment contract (may include the length of maturity, access to principal, collateralization requirements, downgrade provisions and credit rating); the total commission or fees paid for the contract; and, the yearly interest earnings for the contract.
- Section IV - Issue Retired: Complete this section if the issue was retired during the reporting period (July 1 through June 30). Indicate how the issue was retired.
- Section V - Name of Party Completing This Form: Provide contact information for the person/firm completing this report. E-mail addresses are required.
- Section VI - Comments: Provide any additional information you may have to CDIAC.