City of Santa Rosa, California - Page 14

                                        - 14 -                                         
          private business use of the financed pipeline.16  Our resolution             
          of the issues presented represents a matter of first impression.             
               1.   Arguments of the Parties                                           
               Respondent determined that petitioner’s arrangement with                
          Company conveys priority rights to the capacity of the pipeline              
          and results in private business use of more than 10 percent of               
          the bond proceeds under section 141(b)(1).  Respondent also                  
          determined that payments received from the sewage ratepayers are             
          private payments that represent more than 10 percent of the debt             
          service on the bonds under section 141(b)(2).                                
               Petitioner argues that the only purpose for constructing the            
          pipeline is the governmental purpose of sewage disposal.  It                 
          contends that the arrangement with Company does not involve any              
          use by Company of the financed pipeline and that Company uses                
          only the wastewater that is disposed of through that pipeline.               
          Petitioner contends that Company’s use of the wastewater begins              
          only when the disposal function of the pipeline is completed and             
          Company takes responsibility for the waste byproduct.  Petitioner            
          argues, in the alternative, that, if Company’s arrangement is                


               16Respondent addresses his determination and his contentions            
          on brief to Company’s arrangement with petitioner.  He does not              
          rely on the arrangements with the irrigators.  Payments from the             
          irrigators will not exceed 5 percent of the debt service on the              
          proposed bonds.  Further, as we discuss below, the sewage                    
          ratepayers use the pipeline as members of the general public.                
          Therefore, their use cannot cause the pipeline to be private                 
          business use property.                                                       





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011