Practice Areas

Franchise Fee Revenue Bonds

The Mitchell Williams Municipal and Public Finance Group has served as bond counsel for a number of successful franchise fee revenue bond issues.  With a franchise fee revenue bond offering, the municipality’s franchise fee revenues (from cable, gas or electric) are pledged as the security for the bonds.

Our attorneys are able to provide bond counsel services on a variety of franchise fee revenue bond issues, including:

  • Assistance to the municipality with drafting and preparation of the franchise fee ordinance and any increases to the fees

  • Drafting of the bond ordinance or indenture, disclosure and offering documents, including the official statement

  • Review and analysis of applicable law to confirm the issuer’s authority to issue the bonds and its conformity with other legal requirements

  • Affirmation of the issuer’s authorization of the bond offering

  • Evaluation and disclosure of any litigation that may jeopardize the validity of the bond issue

  • Review and interpretation of applicable arbitrage regulations and tax law,

  • Determination of the validity and enforceability of the bonds

  • Advice and guidance in structuring bond issues related to tax law

  • Confirming tax-exempt status of transactions

  • Drafting of required tax certificates and filings

Bond counsel should be consulted early to assist in determining whether a project qualifies and in assuring that the applicable legal requirements will be met.