Dear Mr. Berko: Several years ago, I bought $25,000 of the Arizona Sports and Tourism Authority bonds maturing in 2036. These bonds financed University of Phoenix Stadium, where the Arizona Cardinals play their home football games. Now the Arizona court system claims that the bonds are not entitled to receive taxes from rental car revenues. How will this affect my bonds? Where does this stand now? Should I sell?
— H.M., Moline, Ill.
Dear H.M.: The 63,408-seat University of Phoenix Stadium opened in 2006 and only cost $485 million. And there must have been a whole lot of pork delivered with that amount. The result of this legislative influence is that quite a few local politicians may have extra-cushy retirements soon.
According to my daughter, Hilary, an attorney (one of the good ones) in Phoenix, the Superior Court of Arizona in Maricopa County issued an “advisement ruling” in June 2014. The ruling holds that car rental tax revenues relate to the operation of automobiles on highways and streets; therefore, those taxes can only be used for public highways or streets as set forth in the state constitution. Makes sense to me! The court’s final judgment should be announced soon. According to Hilary, whether or not the advisement ruling holds, appeals will be filed on numerous issues, so the Arizona Sports and Tourism Authority will be paying high-priced lawyers in bespoke suits millions of dollars all the way up to the Arizona Supreme Court. It could be years before a final determination is made.
Fitch Ratings downgraded the bonds for the Orlando Magic’s Amway Center to junk status in 2010 because tourist revenues were insufficient, and that voided the indenture of the bonds. The bonds crashed but were rescued much later. Fitch will tell you that if car rental tax revenues are “estopped” by the court, your bonds will also be given a junk status rating and may temporarily fall in price. It could be sooner than later because the management authority overseeing the stadium was $48 million short in meeting its voter-approved obligations. That’s concerning!