How
does Lease-Purchase Financing differ from Long
Term Bond Financing?
A bond financing is an exercise of a public organization's
authority to incur debt. Unlike a bond issuance, in
most states, a lease-purchase financing is not considered
to be debt for state law purposes and voter approval
is not necessary to authorize the transaction. With
a bond financing, the borrower pledges a designated
revenue source, such as property taxes or user charges,
and obligates itself to raise revenues to the extent
necessary to pay debt service. Usually there is no
such obligation supporting a lease-purchase agreement.
The public organization agrees only to budget and appropriate
payments from available revenue sources each year.
Both bond financing and lease-purchase financing provide
a public organization with the opportunity to own and
use an asset immediately. However, under a bond financing,
payments are made through the Bond’s maturity,
which does not necessarily correspond to an asset's
useful life. Under a lease-purchase financing, payments
are typically evenly distributed over an asset's useful
life.
Transaction costs also differ for each type of obligation
(as illustrated in the Chart below) – under a
bond financing, transaction cost can range from 1.5%
to 3% of the total financing. Under a lease-purchase
financing, transaction costs are minimal if at all.
The following
chart highlights the differences between
a public offering and a lease financing.
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How
does General Obligation Bond Financing differ from
Municipal Lease Financing?
In a typical general obligation financing, the issuer
of a general obligation bond covenants and agrees
in accordance with applicable state law to levy and collect
ad valorem property taxes, without limit as to rate or
amount, in an amount sufficient to pay principal and
interest on the bonded indebtedness when due. In many
states, the state constitution or statutes will impose
a covenant to levy taxes without limitation as to rate
or amount to secure a public organization’s general
obligation indebtedness. The effect of these contractual,
constitutional and statutory requirements is to create
a highly secure payment source for general obligation
indebtedness.
In contrast, a municipal lease financing is based upon
the agreement of the public organization to make lease
payments, which is subject to appropriations renewal
or termination at the option of the public organization.
The lease payments are made from monies appropriated
at the beginning of each fiscal period from the public
organization’s general, operating, capital improvement
or revenue enterprise funds. In some states, lease financing
may in fact be a long-term financing for a specified
period of time without being subject to annual renewal
or termination at the option of the public organization
(abatement obligations). In California and Indiana, for
example, a lease financing may be payable from amounts
budgeted and appropriated each year for the entire multi-year
term of the lease so long as the beneficial use and enjoyment
of the leased property is substantially available to
the public organization.
How does Revenue
Bond Financing differ from Municipal Lease
Financing?
In a typical revenue bond financing, a revenue-producing
property (such as a water, sewer or electric system)
generates revenues that are used to pay the operating
expenses for the property and debt service on the obligations
incurred to finance the acquisition and construction
of the facility. The facilities financed with lease financing
frequently are not revenue-producing (such as a city
hall, fire station, jail facilities, etc.). Consequently,
a lease financing is generally not specifically supported
by revenues generated through the operation of the financed
facility, but is repaid through the fiscal appropriations
process from the public organization’s general,
operating or capital improvement funds or other legally
available funds. Alternatively, if the leased facility
is revenue-producing, the revenues may be used as a “special
fund” source of payment instead of or to supplement
the public organization’s tax revenues or other
funds thereby reducing the use of tax revenues or other
funds, subject to applicable state law. In many states,
revenue bonds may be secured by a “pledge” of
revenues of the revenue producing facility, but those
revenues may not be “pledged” to make lease
payments (even though they may be used as a source to
make lease payments).
Combining
Long Term Bond Financing with Municipal Lease
Financing
The various financing methods discussed above are not
mutually exclusive. They can be used in combination to
finance the construction and build out of public projects.
For example, a municipality might decide to use revenue
bonds to finance the construction of a new public multi-level
paring facility for its central business district, general
obligation bonds to construct a new major thoroughfare
that will benefit the entire community, special assessment
or special service area bonds to construct decorative
street lighting, sidewalks and to fund street improvements,
and installment purchase contracts to finance the purchase
of a new street sweeper, new parking meters, and crosswalk
signaling devices at mid-block pedestrian crossings on
its busiest downtown streets. Such a combination allows
a municipality to pass on the various costs of the project
to those who will benefit from each.
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