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Concord/Scioto Community Authority
Case Study
Argus Growth Consultants, Ltd. (“Argus”) serves as Administrator to the Concord/Scioto
Community Authority (the “Authority”) in Concord Township which is
situated in southern Delaware County, Ohio. Argus has served in that capacity
since the Authority was created in late 2007. The Authority’s initial land area
covers approximately 1,000 acres.
The Authority was created to develop infrastructure that will service the
property located within its boundaries and surrounding territory. The
Authority’s first charge was to construct a sanitary sewer plant that will
ultimately service the property within the Authority and other land in the
adjacent parts of the County. Upon completion of construction, the plant will
be owned and operated by Delaware County. The cost of the sewer plant is being
shared by the County and Authority. The Authority is also charged with
constructing a water line and other associated improvements that will be
operated by the privately owned Delco Water. The County is not sharing in the
costs of the water related improvements. In November of 2007, the Authority
issued $14,600,000 of revenue bonds to finance its portion of the projects. The
bonds were sold on a private placement basis to five investors.
It was anticipated that the Authority would make debt service payments on the
bonds from an allotment of sewer taps granted to the Authority by Delaware
County that could be sold over a period of 15 – 20 years. As land is developed,
the Authority also has the authorization to impose a “Community Charge” of up
to 10.25 mills on property within its boundaries that have access to water and
sewer service. Interest on the bonds was capitalized for a period of
approximately one year in order to provide the Authority some lead time to ramp
up its tap sale program.
Delaware County is not immune to the slowdown in housing starts and commercial
development that is being experienced throughout the State of Ohio and nation
at large. The Authority was able to sell only approximately 10% of its annual
sewer tap allotment in 2008, and the prospects remain dim in the immediate
future. The first interest payment not completely provided for from bond
proceeds comes due on May 1, 2009. It is obviously not in the best interest of
the Authority, County or bondholders to have debt service payments become
delinquent.
One of the responsibilities of a good Administrator is to identify looming
problems and propose solutions before such problems reach crisis level.
In November of 2008, Argus brought the tap sale issue to the attention of the
Authority Board. The tap sale process and flow of funds are governed by an
Intergovernmental Cooperation Agreement between Delaware County and the
Authority as well as the bond documents (Trust Agreement). As Administrator,
Argus initiated and led negotiations between the County and the Authority to
craft an amendment to the Intergovernmental Cooperation Agreement that would
address the problem. The revised agreement reconveys a portion of the
Authority’s tap allocation to the County in exchange for the County agreeing to
meet debt service obligations from its own sewer utility revenues for a period
of two years. The amendment:
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Provides a reliable source of funds to meet principal and interest obligations
of the Authority during 2009 – 2010.
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Minimizes competition for taps between the County and the Authority on an
annual basis thereafter.
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Provides a more stable structure to guide the sale of taps by the Authority
during the remaining life of the bonds.
It is the hope and expectation of the Authority that the economic downturn will
subside by 2011 and that the Authority will once again be in the position to
provide for debt service on the bonds through its own tap sales and other
revenue sources. In addition to reaching consensus with the County, the
Authority also needed to present and gain acceptance for the proposal from the
bondholders and bond trustee. Argus led those negotiations which resulted in
the approval of a supplemental trust agreement that incorporated the provisions
agreed upon by the County and the Authority.
All too often, we see potential problems with Community Authority and TIF
projects linger and fester until a crisis situation unfolds. At that point, it
is frequently too late to rationally consider alternatives and implement
corrective action in advance of the problem becoming a reality. A competent
Administrator can play a vital role in identifying problems early and proposing
and implementing solutions. The Concord/Scioto Community Authority case is just
one example of how Argus can help its clients adapt to changing circumstances
on the ground and averting potentially crippling problems.
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