Dado
Guest
No one is stopping them from doing the deal.
There is NOTHING stopping them from proceeding, except the lack of will to do so. Seems pretty clear that CoG itself doesn't want this deal to go through.
No one is stopping them from doing the deal.
If that's the case, why is it taking so long to get done? If it's legal, how does GWI have a leg to stand on? Why hasn't the CoG just showed GWI the appropriate documents to make them go away and gone ahead with the deal?
Good for them. Again, if it's all legit, it has the backing of all these other law firms, and even a senator down there, how is some small special interest group holding anything up? It doesn't make sense. It seems like it would be an easy fix. Show GWI proof that it's all legal and they'll go away. Hasn't happened. Hence the skepticism.
OK, so they are politically motivated. So? How does that make anything more complicated. They're asking for something very specific. It really shouldn't be difficult... either "here's why it's legal" or "go ahead and sue us, we don't care, we believe we are correct."
OK, first of all, I didn't say the CoG needs to go to court. I said if they feel the deal is legal, they should provide the proof to the GWI to shut them up, or they should just go ahead with the deal as-is and not worry about a court case in the future, knowing they will prevail.
No one is stopping them from doing the deal. The GWI has indicated they will sue if the deal goes through, but why does the CoG care? As you said, they're just some unelected special interest group. Cities get sued all the time, especially in the US. If it's all legal, they have nothing to worry about. Do the deal, get the team sold, then clean up the GWI mess afterwards. Again, if they're so confident their interpretation of the law is correct, there's absolutely nothing to worry about.
Why are they hesitating?
I don't drink coffee and I've never eaten meat. Get me a tea and a veggie burger and we'll call it even.
There is NOTHING stopping them from proceeding, except the lack of will to do so. Seems pretty clear that CoG itself doesn't want this deal to go through.
But really? Tomorrow is the last Coyotes game and nothing has been announced? I guess there's reasons for that.
But really? Tomorrow is the last Coyotes game and nothing has been announced? I guess there's reasons for that.
All I know is... if I was a Coyote's fan and found out later that weeks before the playoffs had started the team had already been sold to TNSE, but the NHL was just holding back telling anyone to soak the last few dollars out of the ticket buyers, I would be extremely PO'ed.
I agree. I think it's unfortunate that Coyotes fans are acting like the GWI is some kind of evil supervillain here, when they're really just some small special interest group that is good at making a public stink.
Well, why doesn't the city get a declaratory judgement?While I do respect the opinion of people on the other side of the debate, please provide me with one cogent argument for why the GWI's actions have not directly increased the cost of bonding? Aside from the presumption the deal is illegal (presumed guilt simply is not part of our criminal or civil system), the precise strategy of the GWI has been to tamper with a deal without being put "to their proof".
You ask why people demonize the GWI. It is because of their tactics and because of their response of "its not our problem" when asked about the consequences of the Coyotes leaving. No one would deny them their right to file suit to enjoin the sale, but instead they appear content to have the bonds be sold at an unnecessarily high interest rate, and then play a version of Russian roulette with the taxpayer money on whether their opinion on the legality of the transaction is correct. Many people are quick to ask what if the deal is illegal? Few people are willing to ask, what if the deal is perfectly legal?
In passing, I would point out the GWI lost today again in court on their position against alternative energy. They fought solar energy in Arizona. Nuff said.
While I do respect the opinion of people on the other side of the debate, please provide me with one cogent argument for why the GWI's actions have not directly increased the cost of bonding? Aside from the presumption the deal is illegal (presumed guilt simply is not part of our criminal or civil system), the precise strategy of the GWI has been to tamper with a deal without being put "to their proof".
Well, why doesn't the city get a declaratory judgement?
I can only ask you since when is it customary for a duly elected body to go to court to bless their decision? Let's discuss the seperation of powers issue to begin with.
More to the point, I think the GWI sandbagged the City. The GWI did not contest the mayor's statements that in January of 2011, the GWI claimed that they understood the transaction and needed nothing further from the City (including any additional documents they like to complain about). Then, withou tell the City, they sent notices to the City's banks and potential investors claiming the deal was illegal and misstating the Turken test.
Should the City have filed a DJ in February? Perhaps, but as someone who actually prosecutes and defends DJs, I can tell you the earliest they would get a ruling would be the fall. Cold comfort at that point.
I can provide you with a cogent argument. Bond rates are a reflection of the risk of the underlying product. Given that most muni bond sales are done by issuers who are using the proceeds to straight-up fund either the building or maintenance of city owned infrastructure, and that this particular issue may (or may not) involve a city raising one hundred million plus dollars to be directly forwarded to a private individual in exchange for an asset the city has already once paid for via bond issuance, and that the bond is to be issued by a city that has already pledged its tax backing against other similar bonds, and that the issuing city has a much higher debt rate relative to the mean, as such it can be argued that the deal is exceedingly risky relative to the normal - plain vanilla muni offering, ex-GWI involvement.
GWI had hung around through this entire ordeal, to expect them to lay down would have been incredibly naive on the COG's part. And they're paying for it now by leaving this deal to the last minute.
I calll Bull**** on that. Even the underwriters have said the GWI's threats of litigation caused a basic A1 rated city to have to sell their bonds at corporate bond rates. Nice try.
While I do respect the opinion of people on the other side of the debate, please provide me with one cogent argument for why the GWI's actions have not directly increased the cost of bonding? Aside from the presumption the deal is illegal (presumed guilt simply is not part of our criminal or civil system), the precise strategy of the GWI has been to tamper with a deal without being put "to their proof".
You ask why people demonize the GWI. It is because of their tactics and because of their response of "its not our problem" when asked about the consequences of the Coyotes leaving. No one would deny them their right to file suit to enjoin the sale, but instead they appear content to have the bonds be sold at an unnecessarily high interest rate, and then play a version of Russian roulette with the taxpayer money on whether their opinion on the legality of the transaction is correct. Many people are quick to ask what if the deal is illegal? Few people are willing to ask, what if the deal is perfectly legal?
In passing, I would point out the GWI lost today again in court on their position against alternative energy. They fought solar energy in Arizona. Nuff said.
Where have the underwriters stated that? Link please. Are you calling BS on my remark that bond rates reflect the risk of the underlying deal, or that this deal is riskier relative to the normal vanilla muni issuance? Because IMO the deal is well outside of the normal vanilla muni issue, and as such deserves a higher rate. A base understanding of bond rates dictates that rates increase relative to deal risk.
They may have stated that the potential for litigation increases risk, but that potential exists because of the structure of the underlying deal, not simply because GWI is seen as intransigent. That it is possibly against the State constitution might direct you to some of the inherent deal risk.
No argument from me on that, but it really isn't responsive to the point I was making.
Bettman's statements reflect what I said. As have the statements of the CoG. Fair question and I'll try to find a link.
The single factor of risk here increasing the interest rate is not the ability of the CoG to repay the bonds, as would be the typical question. It is the GWI's continued threats to litigate the legality of the underlying transaction and sale of the bonds. As compared with other "vanilla" deals, the market is reflecting the risk of litigation which is the only unique factor here in terms of risk, and one intentionally created by the GWI.
If what you mean to say is the market has determined on its own, without the GWI's involvment and nearly daily appearances on radio, television and the press, that the transaction is unconstitutional, I will submit that is a possibility. As it is possible for a monkey to fly out of my rear end. All things are possible. Remote would be gracious here.
It is only even arguably "exploitation" if you start from the ASSUMPTION that the parking rights that Hulsizer would be selling to the COG are worth less than what they are paying (and even then, it is only exploitation if you think that all business negotiations are exploitation - a pretty extreme position IMO). Making the assumption that the parking rights are not worth what they have been stated to be worth (using extremely conservative assumptions as the consultants were, mind you) is not a very supportable position IMO; the fact is, there is not a single person on this Board (even the folks who are loudest at denouncing the idea of $100M for parking lots) who has been able to make a sound argument - heck, any kind of argument - that they are worth less, and certainly GWI has offered precisely zip in this regard. All we have left to support that assumption is "heck, how can parking lots be worth $100M??!?", which is the position of many on the Board. The answer is the same as it has always been: "you'd be very surprised".
If what you mean to say is the market has determined on its own, without the GWI's involvment and nearly daily appearances on radio, television and the press, that the transaction is unconstitutional, I will submit that is a possibility. As it is possible for a monkey to fly out of my rear end. All things are possible. Remote would be gracious here.
Where have the underwriters stated that? Link please. Are you calling BS on my remark that bond rates reflect the risk of the underlying deal, or that this deal is riskier relative to the normal vanilla muni issuance? Because IMO the deal is well outside of the normal vanilla muni issue, and as such deserves a higher rate. A base understanding of bond rates dictates that rates increase relative to deal risk.
They may have stated that the potential for litigation increases risk, but that potential exists because of the structure of the underlying deal, not simply because GWI is seen as intransigent. That it is possibly against the State constitution might direct you to some of the inherent deal risk.
A large part of my job as a trader is to assess risk and to put money to use accordingly; virtually any bond trader would tell you IMO that a deal as I've described in my initial post versus a similar sized offering to be used to fund sewers (for example) deserves a higher rate. The increased risk here is that the issuer has a much higher debt relative to the average, that they've backed other offerings with the same tax monies, that the money is to be forwarded to an individual for the purchase of something the city has once already issued bonds to construct, and that it is all possibly against your constitution.
I did not ask you for a paraphrasing of something an ancillary player claimed, I asked you for a link to the underwriter making the statements that back your claim.