STATE BOARD OF EDUCATION – TOPIC SUMMARY Topic: 2011 Spring Bond Sale for Capital Projects Date: January 21, 2011 Staff/Office: Camille Preus, CCWD; Pam Teschner, CCWD Action Requested: Information only Policy Adoption Policy Adoption/Consent Calendar ISSUE BEFORE THE BOARD: Approval of the resolution to sell Article XI-G Bonds for capital projects at nine community colleges. BACKGROUND: Prior and current Legislative Sessions have authorized the State Board of Education to issue general obligation bonds (See Table A), with the proceeds to be used to finance capital construction and facilities repair and renovation projects at Community Colleges. These bonds were authorized under Article XIG of the Oregon Constitution. Article XI-G bonds are issued to acquire, construct, improve, repair, equip and furnish, buildings, structures, land, and other projects or parts thereof, and to purchase or improve sites thereof. The projects are designated by the Legislative Assembly for community colleges authorized by law to receive state aid. The amount of the bonds issued is matched by an amount that is at least equal to the amount of the indebtedness. The match is provided by the community colleges. The Legislature established a mechanism whereby the match may be generated through gifts and/or federal and local governmental funds. The sale is currently scheduled for early May 2011. Three colleges have informed us that they will not have matching funds in time to participate in this sale: Clackamas, Columbia Gorge and Umpqua. When the docket is brought to the Board for final adoption and resolution, the amount of bonds requested will be reduced by the amount of unmatched projects. 1 RESOLUTION FOR THE SALE OF ARTICLE XI-G BONDS 2011 Spring Bond Sale for Capital Projects Project Summary – See Table B A Total of $63,233,000 Recommended for Sale for Article XI-G Bonds Summary The staff will recommend the Board approve a request to the State Treasurer to issue $63,233,000 of bonds under authority of Article XI-G of the Oregon Constitution. This sale is currently scheduled to be held in May 2011. The total sale requested is for $63,233,000. The college’s projects included in this sale have received both Board and Legislative approval. Staff Report to the Board Background. Prior and current Legislative Sessions have authorized the State Board of Education to issue general obligation bonds, with the proceeds to be used to finance capital construction and facilities repair and renovation projects at Community Colleges. These bonds were authorized under Article XI-G of the Oregon Constitution. Article XI-G bonds are issued to acquire, construct, improve, repair, equip and furnish, buildings, structures, land, and other projects or parts thereof, and to purchase or improve sites thereof. The projects are designated by the Legislative Assembly for community colleges authorized by law to receive state aid. The amount of the bonds issued is matched by an amount that is at least equal to the amount of the indebtedness. The match is provided by the community colleges. The Legislature established a mechanism whereby the match may be generated through gifts and/or federal and local governmental funds. The Department last issued Article XI-G bonds in April 2009. This sale will include projects authorized by the 2007 and 2009 legislative sessions: 2007-2009 Community College Bill Authorization. As approved, Senate Bill 5516, Section 3, (Chapter 761 Oregon Laws 2007) authorizes a maximum issuance of $40,040,500 of Article XI-G bonds in 2007-2009. 2009 Legislative Session. As approved, Senate Bill 5506, Section 7, (Chapter 904 Oregon Laws 2009) authorizes a maximum issuance of $57,455,000 of Article XI-G bonds in 2009-11. Request for Board Authorization to Issue. The Department is now seeking authorization from the Board to issue a total of $63,233,000 in Article XI-G bonds as part of a sale currently planned by the State Treasurer for May 2011. Article XI-G bond issuance costs are estimated at 2% ($1,264,660) and will be deducted from the bond sale proceeds for this project. Prior to sale, the Department’s bond counsel may designate a portion of the sale as taxable, due to space utilization by private entities in the projects to be financed under this sale. Three tables are provided after the resolution, to display information on the projects and information on debt services issues: Table A, included in the resolution, identifies the Article XI-G projects recommended for the May 2011 Bond Sale. 2 Table B identifies the various legislative sessions and the approved Article XI-G bond amounts by college. Table C projects annual Article XI-G bonded debt outstanding and estimated, assuming approval of the proposed May 2011 Bond Sale. Resolution for the Sale of Bonds for Capital Projects The resolution that will be before the Board authorizes staff to pursue the sale of bonds for all projects currently identified by the campuses as needing bond financing consistent with the overall bond limitation imposed by the Legislature for the period 2009-11 biennium. Staff Recommendation to the Board Staff will recommend that the Board adopt, at the March 2011 meeting, the following resolution: finding that the projects for which Article XI-G bonds are proposed to meet the requirements of Senate Bill 5516, Section 3; and Senate Bill 5506, Section 7, and authorizing the sale of Article XI-G bonds. (Resolution on following page) 3 RESOLUTION FOR THE SALE OF BONDS FOR CAPITAL PROJECTS WHEREAS, ORS 286.031 states, in part, that the State Treasurer shall issue all general obligation bonds of this state after consultation with the state agency responsible for administering the bonds proceeds; and WHEREAS, ORS 286.033 states, in part, that the state agency shall authorize issuance of bonds subject to ORS 286.031 by resolution; and WHEREAS, ORS Chapters 341, 288, and 286 provide further direction as to how bonds are sold and proceeds administered; and WHEREAS, Chapter 761, Oregon Laws 2007, lists those projects that may be financed pursuant to Article XIG of the Oregon Constitution; and WHEREAS, Chapter 904, Oregon Laws 2009, lists those projects that may be financed pursuant to Article XIG of the Oregon Constitution; and WHEREAS, it is appropriate for this Board to authorize the State Treasurer to issue bonds for projects authorized by previous Legislation and pending bills, once adopted by the Legislature and signed into law by the Governor, and in amounts not greater than authorized by the bond bill and for other projects specified as may be provided by law as otherwise required by law for the 2007-2009 and 2009-11 biennia without requiring further action of this Board; NOW, THEREFORE, be it resolved by the State Board of Education of the State of Oregon as follows: Section 1. Article XI-G Projects. Pursuant to Article XI-G of the Oregon Constitution, the Board hereby finds that the projects listed in the attached Table A appear to the Board to be projects in which each community college has paid to the Department an equal matching amount from their own Other Revenue sources as required by the various sections of the Oregon Laws are authorized to be sold under Article XI-G to provide funds to pay these projects and costs of issuance of these bonds. In accordance with guidance provided to the Department from the State Treasurer’s office, approximately 2% issuance cost for Article XI-G bonds will be deducted from the bond proceeds to cover underwriting and other costs associated with the sale. This will reduce the amount of funds available for actual project costs. Section 2. Terms, Sale and Issuance. The bonds authorized by this resolution (the "Bonds"), shall be issued in such series and principal amounts as the State Treasurer, after consultation with the Commissioner of the Department of Community Colleges and Workforce Development or the Commissioner’s designee (the “Designee”), shall determine are required to fund the projects described in Section 1 of this resolution. The Bonds shall mature, bear interest and otherwise be structured, sold and issued as the State Treasurer determines after consultation with the Commissioner. The maximum net effective interest rate for the Bonds shall not exceed 10 percent per annum. Section 3. Maintenance of Tax-Exempt Status. The Commissioner, or the Designee are hereby authorized to covenant, on behalf of the Board, to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), that are required for interest on tax-exempt Bonds to be excluded from gross income for federal income taxation purposes. Section 4. Other Action. The State Treasurer, the Commissioner, or Designee, is hereby authorized, on behalf of the Board, to take any action that may be required to issue, sell, and deliver the Bonds in accordance with this resolution. 4 Table A May 2011 Article XI-G Bond Sale Community College SB 5516 (2007): Central Oregon Description XI-G Bonds Science and Allied Health Building Classroom and laboratory space for healthcare workforce and other educational programs. Match received. $5,778,000 Technology Education Center Flight instruction, aviation maintenance, automotive, and information technology programs. Match received. $5,700,000 Chemeketa McMinnville Campus Healthcare programs and other academic programs. Match received. $6,255,000 Clackamas Harmony Campus Phase II Allied health care center, workforce, and other educational programs. Match not available until after local bond levy May 2011. $8,000,000 Columbia Gorge Workforce Building Renewable energy and other workforce development programs. Match not available – November 2010 levy failed. $8,000,000 Lane New downtown Eugene campus building. Match received. $8,000,000 Oregon Coast Marine Science Building New facility on the Central County Campus to support the aquarium science and other marine related programs. Match received. $2,000,000 Portland Cascade Campus Education Center in Portland Match received. $8,000,000 Treasure Valley Ontario University/Science Center Science, agriculture, technology, and allied health programs. Raising match through donations, COPs or revenue bonds. $3,000,000 Umpqua Occupational Training Center New classroom and laboratory facility in Roseburg for healthcare, public safety, and information technology programs. Match not available – local bond levy later in 2011. $8,500,000 SB 5506 (2009): Central Oregon SUBTOTAL GRAND TOTAL $57,455,000 $63,233,000 5 Table B Community College Capital Construction May 2011 Article XI-G Bond Sale College 2007 Session (SB 5516) Central Oregon Central Oregon Chemeketa Clackamas Columbia Gorge Lane Oregon Coast Portland Treasure Valley Umpqua TOTAL SALE 2009 Session (SB 5506) 5,778,000 5,700,000 6,255,000 8,000,000 8,000,000 8,000,000 2,000,000 8,000,000 3,000,000 8,500,000 $ 5,778,000 $ 57,455,000 Total 5,778,000 5,700,000 6,255,000 8,000,000 8,000,000 8,000,000 2,000,000 8,000,000 3,000,000 8,500,000 $ 63,233,000 6 Table C CCWD DEBT SERVICE IX-G 2009-11 LAB Debt Service Bond Sale XI-G Bonds March 2007 Bond Sale 1 $25,900,000 October 2008 Bond Sale 2 Principal $915,000 Interest $2,185,534 IX-G 2011-13 LAB Debt Service Total Principal $3,100,534 $995,000 Interest $2,110,258 Total $3,105,258 $4,900,000 $90,000 $605,941 $695,941 $340,000 $517,830 $857,830 $55,666,250 $3,360,000 $3,582,416 $6,942,416 $2,975,000 $3,961,703 $6,936,703 Central Oregon (reauthorized from 2007) $5,778,000 $0 $0 $0 $150,000 $692,100 $842,100 Central Oregon $5,700,000 $0 $0 $0 $145,000 $682,800 $827,800 Chemeketa $6,255,000 $0 $0 $0 $165,000 $748,800 $913,800 Clackamas $8,000,000 $0 $0 $0 $205,000 $958,200 $1,163,200 Columbia Gorge $8,000,000 $0 $0 $0 $205,000 $958,200 $1,163,200 Lane $8,000,000 $0 $0 $0 $205,000 $958,200 $1,163,200 Oregon Coast $2,000,000 $0 $0 $0 $50,000 $239,700 $289,700 Portland $8,000,000 $0 $0 $0 $205,000 $958,200 $1,163,200 Treasure Valley $3,000,000 $0 $0 $0 $80,000 $358,800 $438,800 Umpqua $8,500,000 $0 $0 $0 $225,000 $1,017,600 $1,242,600 $0 $0 $1,635,000 $7,572,600 $9,207,600 April 2009 Bond Sale 3 April 2011 Bond Sale 4 SUBTOTAL XI-G GRAND TOTAL $63,233,000 $0 $149,699,250 $4,365,000 $6,373,891 $10,738,891 $5,945,000 $14,162,391 $20,107,391 1 Debt service based on actual rate of 4.4% 2 Debt service based on actual rate of 5.6% 3 Debt Service based on actual rate of 3.9% 4 Debt Service based on estimate of 6.0%. Lottery Bonds April 2009 Sale (Go Oregon!) April 2010 Sale 5 5 May 2011 Sale 5 Lottery 2009-11 LAB Debt Service Lottery 2011-13 LAB Debt Service Principal Principal Interest Total $43,862,850 $3,530,000 $4,381,324 $7,911,324 $10,000,000 $327,866 $391,426 $719,293 $1,650,000 Interest $4,249,228 $0 $ 873,133 Total $5,899,228 $ 873,133 $3,700,000 $0 $0 $0 $235,000 $462,271 $697,271 LOTTERY GRAND TOTAL $57,562,850 $3,857,866 $4,772,750 $8,630,617 $1,885,000 $5,584,632 $7,469,635 XI-G and LOTTERY GRAND TOTAL $207,262,100 $8,222,866 $11,146,641 $19,369,508 $7,830,000 $19,747,023 $27,577,027 5 Provided by DAS. 7