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HomeMy WebLinkAboutResolution No. 2011-059 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2011- fjt-1 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS ADOPTING THE REVISED CITY OF THE COLONY'S FINANCIAL MANAGEMENT AND DEBT MANAGEMENT POLICIES TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, it is the goal of the City to maintain a long-term stable and positive financial condition; and WHEREAS, well planned and prudent financial and debt management is essential to the achievement of the City's goal; and WHEREAS, the City Council of The Colony previously has adopted the Financial and Debt Management Policies in November, 2002, and have since been amended, and WHEREAS, it is essential for the City Council to periodically review and amend the financial and debt management policies; and BE IT RESOLVED BY THE CITY OF THE COLONY, TEXAS that: SECTION 1: That the City Council hereby adopts the City's revised Financial Management and Debt Management Policies. SECTION 2: That this resolution shall be in force immediately upon its passage in accordance with the Charter of the City of The Colony and it is accordingly so resolved. PASSED AND APPROVED this the 20th day of September, 2011. Joe McCourry, Mayor ATTEST: ' Christie Wilson, City Secretary APPROVED AS TO FORM: - ,c Jeff Moore, City Attorney CITY OF THE COLONY FINANCIAL MANAGEMENT POLICIES September 20th, 2011 Prepared by the Finance Department Approved by the City Manager Confirmed by the City Council on September 20th, 2011 i FINANCIAL MANAGEMENT POLICIES Table of Contents Paize No. 1. Purpose Statement I II. Accounting, Auditing and Financial Reporting 1 A. Accounting B. Funds C. External Auditing D. External Auditors Responsible to City Council E. External Auditors Rotation F. External Financial Reporting G. Internal Financial Reporting III Internal Controls 2 A. Written Procedures B. Department Managers Responsible IV. Operating Budget 2 A. Preparation B. Balanced Budget C. Planning D. Reporting E. Control F. Performance Measures and Productivity Indicators V. Capital Improvement Program 3 A. Preparation B. Control C. Program Planning D. Alternate Resources E. Debt Financing F. Street Maintenance G. Water/Wastewater Main Rehabilitation and Replacement H. Water and Wastewater Special Projects 1. Reporting ii FINANCIAL MANAGEMENT POLICIES Table of Contents Paize No. VI. Revenue Management 4 A. Simplicity B. Certainty C. Equity D. Administration E. Revenue Adequacy F. Cost/Benefit of Abatement G. Diversification and Stability H. Non-recurring Revenues 1. Property Tax Revenues J. User-Based Fees K. Impact Fees L. General and Administrative Charges M. Utility Rates N. Interest Income 0. Revenue Monitoring VII. Expenditure Control 6 A. Appropriations B. Contingency Account Expenditures C. Purchasing D. Professional Services E. Prompt Payment F. Equipment Financing G. Information Technology VIII. Asset Management 7 A. Investments B. Cash Management C. Investment Performance D. Fixed Assets and Inventory iii FINANCIAL MANAGEMENT POLICIES Table of Contents Page No. IX. Financial Condition and Reserves 7 A. No Operating Deficits B. Interfund Loans C. Operating Reserves D. Risk Management Program E. Loss Financing F. Enterprise Fund Self-Sufficiency X. Debt Management 8 A. General B. Self Supporting-Debt C. Analysis of Financing Alternatives D. Voter Authorization XI. Staffing and Training 8 A. Adequate Staffing B. Training C. Awards, Credentials XII. Grants Financial Management 9 A. Grant Solicitation B. Responsibility XIII. Annual Review & Reporting 9 iv I. PURPOSE STATEMENT These policies are developed by the City Manager to guide the Finance Director, and staff in financial matters. The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the council-manager form of government established in the City Charter. The watchwords of the City's financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the City's day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, cash management, expenditure control, and debt management. II. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING A. ACCOUNTING - The City's Accounting Manager is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS - Self-balancing groups of accounts are used to account for City financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council approval through resolution either during the year or in the City Council's approval of the annual operating budget ordinances. C. EXTERNAL AUDITING - The City will be audited annually by outside independent auditors. The auditors must be a CPA firm capable to demonstrate that they have the breadth and depth of staff to conduct the City's audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. The auditors' report on the City's financial statements including federal grants single audit when required, will be completed within 120 days of the City's fiscal year end, and the auditors' management letter will be presented to the City staff within 150 days after the City's fiscal year end. An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The City staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff. D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL - The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the City staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. 1 The City Council may conduct closed session annually with the auditors present without the presence of City staff. Such meeting shall be conducted in accordance with the Open Meetings Act. E. EXTERNAL AUDITOR ROTATION - The City will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals. F. EXTERNAL FINANCIAL REPORTING - The City will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely reporting. In such case, the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. G. INTERNAL FINANCIAL REPORTING - The Finance Department will prepare internal financial reports sufficient for management to plan, monitor, and control the City's financial affairs. Internal financial reporting objectives are addressed throughout the policies. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES - The Finance Director is responsible for developing citywide written guidelines on accounting, cash handling, and other financial matters, which will be approved by the City Manager. The Finance Department will assist department directors as needed in tailoring these guidelines into detailed written procedures to fit each department's requirements. B. DEPARTMENT MANAGERS RESPONSIBLE - Each department director is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented, and that all independent auditor internal control recommendations are addressed. IV. OPERATING BUDGET A. PREPARATION - The City's "Operating Budget" is the City's annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation and revenue supported Debt Service Funds, but excluding Capital Projects Funds. The budget is prepared by the Finance Department with the cooperation of all City departments, and is submitted to the City Manager who makes any necessary changes and transmits the document to the City Council. 2 The preliminary budget should be filed with the City Secretary's office on or before July 31 each fiscal year, and presented to the City Council. Thereafter, the final budget should be enacted by the City Council prior to fiscal year end. The operating budget shall be submitted to the GFOA annually for evaluation and awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGET - The operating budgets will be balanced, with current revenues, and prior year surpluses greater than or equal to current expenditures/expenses except a rainy day fund reserve of sixty (60) days. C. PLANNING - The budget process will be coordinated to identify major policy issues for City Council's consideration several months prior to the budget approval date. D. REPORTING - Periodic financial reports will be prepared to enable the department directors to manage their budgets and to enable the Finance Department to monitor and control the budget as authorized by the City Council. Summary financial reports will be presented to the City Council each month within four weeks after the month end. Such reports will include current year revenue and expenditures in comparison to budget and prior year actual revenues and expenditures. E. CONTROL - Operating Expenditure Control is addressed in another section of the Policies. F. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS - Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting process. V. CAPITAL IMPROVEMENT PROGRAM A. PREPARATION - The City's Capital Improvement Program will include all capital projects. The Capital Improvement Plan will be prepared annually on a fiscal year basis. The Capital Improvement Plan will be reviewed annually by the City Council. The Capital Improvement Plan will be prepared by the Finance Department with the involvement of all City departments. B. CONTROL - All capital project expenditures must be approved by City Council. The Finance Department must ensure the availability of resources before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING - The Capital Improvement Plan will include capital improvements program plans for future years. The planning time frame should normally be at least five years. The replacement and maintenance for capital items should also be projected for the next 5 years. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. 3 D. ALTERNATE RESOURCES - Where applicable, assessments, impact fees, or other user-based fees should be used to fund capital projects, which have a primary benefit to certain property owners. E. DEBT FINANCING - Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives, which equal or exceed the average life of the debt issued. The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F. STREET MAINTENANCE - The City recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore, a portion of the General Fund Budget and/or debt issuances may be set aside each year to maintain the quality of streets. The amount will be established annually so that repairs will be made. G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT - The City recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the City may annually appropriate an amount to provide for a water and wastewater main repair and replacement program. H. WATER AND WASTEWATER SPECIAL PROJECTS - A special fund will be maintained for water and wastewater capital projects. The fund will be funded with operating surpluses, interest earnings, and transfers from water and wastewater operations. As soon as practicable, after each fiscal year end when annual operating results are known, any Water/Wastewater Fund operating surplus in excess of budget which is not required to meet ending resources requirements, may be transferred to the Special Projects Fund with the approval of the City Council. The fund will be used for funding water/wastewater main rehabilitation and replacement, for major capital outlay, and for unplanned projects. 1. REPORTING - Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the Finance Department to monitor the capital budget as authorized by the City Council. VI. REVENUE MANAGEMENT A. SIMPLICITY - The City will strive to keep the revenue system simple, which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. The City will avoid nuisance taxes, fees, or charges as revenue sources. B. CERTAINTY - An understanding of the revenue source increases the reliability of the revenue system. The City will enact consistent collection policies for its revenues so that assurances can be provided that the revenue base will materialize according to budgets and plans. 4 C. EQUITY - The City will strive to maintain equity in the revenue system structure. That is, the City will seek to minimize or eliminate all forms for subsidization between entities, funds, services, utilities, and customers. However, it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D. ADMINISTRATION - The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness. Where appropriate, the City will use the administrative processes of State or Federal collection agencies in order to reduce administrative costs. E. REVENUE ADEQUACY - The City will require that there be a balance in the revenue system. That is, the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. F. COST/BENEFIT OF ABATEMENT - The City will use due caution in the analysis of any tax, fee, or water and wastewater incentives that are used to encourage development. Ideally, a cost/benefit (fiscal impact) analysis will be performed as a part of such analysis. G. DIVERSIFICATION AND STABILITY - In order- to protect the government from fluctuations in revenue source due to fluctuations in the economy, and variations in weather, (in the case of water and wastewater), a diversified revenue system will be maintained. H. NON-RECURRING REVENUES - One-time revenues will not be used for ongoing operations. Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. 1. PROPERTY TAX REVENUES - Property shall be assessed at 100% of the fair market value as appraised by the Denton Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by state law, and in accordance with the attorney's contract. J. USER-BASED FEES - For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be a periodic review of fees and charges to ensure that fees provide adequate coverage of costs of services. User charges may be classified as "full cost recovery," "partial cost recovery," and "minimal cost recovery," based upon City Council policy. K. IMPACT FEES - Impact fees are currently imposed for water, wastewater, roadway, and drainage in accordance with applicable city ordinances and State Law. Impact fees will be re-evaluated at least every five years as required by law. 5 L. GENERAL AND ADMINISTRATIVE CHARGES - A method will be maintained whereby the General Fund can impose a charge to the enterprise funds or special revenue funds for general and administrative services (indirect costs), performed on their behalf. The details will be documented in the annual budget process in the form of transfers between funds. M. UTILITY RATES - The City will review utility rates periodically, and if necessary, adopt new rates that will generate revenues required to fully cover operating expenditures, meet the legal restrictions of all applicable bond covenants, provide for an adequate level of working capital needs and debt service requirements. This policy does not preclude drawing down cash balance to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. N. INTEREST INCOME - Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the average monthly cash balances. 0. REVENUE MONITORING - Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. VII. EXPENDITURE CONTROL A. APPROPRIATIONS - The level of budgetary control is the department level budget in the General Fund, Utility Fund and the fund level in all other funds. When budget adjustments (i.e., amendments) between departments and/or funds are necessary, these must be approved by the City Council. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. CONTINGENCY ACCOUNT EXPENDITURES - The City Council must approve all contingency account expenditures of $50,000 or more, as discussed under Purchasing. C. PURCHASING - All purchases shall be in accordance with the City's Purchasing Policies. D. PROFESSIONAL SERVICES - Professional services will generally be processed through a request for proposal process, except for smaller contracts. The City Manager may execute any professional services contract for less than $50,000 provided there is an appropriation for such contract. E. PROMPT PAYMENT - All invoices will be paid within 30 days of receipt of goods and services or receipt of invoices, whichever is later in accordance with the prompt payment requirements of state law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the City's investable cash, where such delay does not violate the agreed upon payment terms. 6 F. EQUIPMENT FINANCING - Equipment may be financed when the useful life is at least three years. Vehicles to be replaced are identified and evaluated every year during the budget process. Depending on available resources, financing may be made by debt issuance rather than from the General Fund and Utility Fund accounts. G. INFORMATION TECHNOLOGY - Certain information technology acquisitions will be funded in the Information Technology Department's budget or by debt issuance. Acquisitions may include all related professional services costs for researching and/or implementing an information technology project. Lease cost is also an eligible expense. VIII. ASSET MANAGEMENT A. INVESTMENTS - The City's investment practices will be conducted in accordance with the City Council approved Investment Policies. B. CASH MANAGEMENT - The City's cash flow will be managed to maximize the cash available to invest. C. INVESTMENT PERFORMANCE - A quarterly report on investment performance will be provided by the Finance Director to the City Manager for presentation to the City Council. D. FIXED ASSETS AND INVENTORY - These assets will be reasonably safeguarded and properly accounted for, and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS - Current expenditures will be paid with current revenues and prior year surplus. Deferrals, short-term loans, or one-time sources will be avoided as budget balance techniques. Reserves will be used only for emergencies or non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B. INTER-FUND LOANS - Non-routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council. At the time an interfund loan is considered, a plan to repay it prior to fiscal year end shall also be considered. A fund will only lend money that it will not need to spend in the immediate future. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Total interfund loans outstanding from a fund shall not exceed 15% of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. C. OPERATING RESERVES - Failure to meet these standards will be disclosed to the City Council as soon as the situation is recognized and a plan to replenish the ending resources over a reasonable time frame shall be adopted. 7 (1) The General fund ending resources balance will be maintained at a level of at least 60 days of expenditures. The required minimum fund balance of 60 days of expenditures is to provide working capital needs in emergencies. The 60 days fund balance is considered as committed fund balance in the General Fund and is approved by the City Council via the resolution adopting this policy. To the extent reasonably possible, in the event that the General fund balance is drawn down below the target level, it will be replenished by the following fiscal year. (2) The ending resources of the Water/Wastewater Fund will be maintained at a level of at least 60 days of expenditures. The required minimum fund balance of 60 days of expenditures is to provide working capital needs in emergencies. To the extent reasonably possible, in the event that the Water/Wastewater fund balance is drawn down below the target level, it will be replenished by the following fiscal year. D. RISK MANAGEMENT PROGRAM - The City will aggressively pursue every opportunity to provide for the public's and City employees' safety and to manage its risks. E. LOSS FINANCING - All reasonable options will be investigated to finance losses. Such options may include risk transfer, insurance, and risk retention. F. ENTERPRISE FUND SELF-SUFFICIENCY - The City's enterprise funds resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses in lieu of property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses, then the City Council may waive general and administrative expenses in lieu of property taxes and/or franchise fees until the fund is able to pay them. X. DEBT MANAGEMENT A. GENERAL - The City's borrowing practices will be conducted in accordance with the City Council approved Debt Management Policies. B. SELF-SUPPORTING DEBT - When appropriate, self-supporting revenues will pay debt services in lieu of tax revenues. C. ANALYSIS OF FINANCING ALTERNATIVES - The City will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees, and use of reserves or current monies. D. VOTER AUTHORIZATION - The City shall obtain voter authorization before issuing General Obligation Bonds as required by law. In general, voter authorization is not required for the issuance of Revenue Bonds and Certificates of Obligation. XI. STAFFING AND TRAINING A. ADEQUATE STAFFING - Staffing levels will be adequate for the fiscal functions of the City to function effectively. Workload shedding alternatives will be explored before adding staff. B. TRAINING - The City will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective 8 concerning financial issues. Staff will be held accountable for communicating, teaching, and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. C. AWARDS, CREDENTIALS - The City will support efforts and involvements which result in meeting standards and receiving exemplary recitations on behalf of any of the City's fiscal policies, practices, processes, products, and personnel. Staff certifications may include Certified Public Accountant, Certified Management Accountant, Certified Internal Auditor, Certified Payroll Professional, Certified Government Finance Officer, Professional Public Buyer, Certified Cash Manager, and others as approved by the City Manager upon recommendation of the Finance Director. XIL GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION - The City will stay informed about available grants and will apply for any, which would be cost/beneficial and meet the City's objectives. B. RESPONSIBILITY - Departments will oversee the day to day operations of grant programs, will monitor performance and compliance, and will also keep Finance Department contacts informed of significant grant-related plans and activities. Departments will also report re-estimated annual grant revenues and expenses to the Finance Department after the second quarter of each year. Finance Department staff members will serve as liaisons with grantor financial management personnel, and will keep the book of accounts for all grants. XIII. ANNUAL REVIEW & REPORTING A. These Policies will be reviewed administratively by the City Manager at least annually, and will be presented to the City Council for confirmation of any significant changes. B. The Finance Director will report annually to the City Council on compliance with these policies. 9 CITY OF THE COLONY DEBT MANAGEMENT POLICIES September 20t", 2011 Prepared by the Finance Department Approved by the City Manager Confirmed by the City Council on September 20th, 2011 i DEBT MANAGEMENT POLICIES Table of Contents PajZe No. 1. Purpose Statement 1 It Responsibility 1 A. Bond Counsel Involvement B. Financial Advisor Involvement III. Short Term Debt 2 A. General B. Commercial Paper C. Line of Credit IV. Long Term Debt 3 A. General B. Bonds C. Certificates of Obligation D. Public Property Finance Contractual Obligation E. Anticipation Notes F. Negotiated versus Competitive Sale versus Private Placement G. Bidding Parameters H. Bond Elections V. Refunding 6 VI. Capital Leasing 6 VII. Other Types of Financing 7 VIII. Ratios and Reserves 7 IX. Official Statement 7 A. Responsibility B. Timing C. Auditor's Involvement D. Printing X. Ratings 8 ii DEBT MANAGEMENT POLICIES Table of Contents Page No. XI. Credit Enhancements 9 XII. Secondary Market Disclosure 9 XIII. Arbitrage Liability Management 10 A. General B. Responsibility C. Internal Interim Financing D. Spend-Out Exceptions For Federal Rebate XIV. Modification to Policies 12 iii I. PURPOSE The Debt Management Policies set forth comprehensive guidelines for the financing of capital expenditures. It is the objective of the policies that: I . The City obtains financing only when necessary. 2. The process for identifying the timing and amount of debt or other financing is as efficient as possible. 3. The most favorable interest rates and lowest costs of issuance are obtained. 4. The City strives to maintain flexibility for future debt issuances. II. RESPONSIBILITY The primary responsibility for developing financing recommendations rests with the City Manager. In developing the recommendations, the City Manager shall be assisted by the Assistant City Manager and the Finance Director and their responsibilities shall be to: 1. Meet periodically to consider the need for financing and assess progress on the Capital Improvement Program. 2. Meet as necessary in preparation for financing. 3. Review changes in state and federal legislation. 4. Review annually the provisions of ordinances authorizing issuance of obligations. 5. Annually review services provided by the Financial Advisor, Bond Counsel, Paying Agent and other service providers to evaluate the extent and effectiveness of services provided. Every February, under the direction of the Assistant City Manager, Departments will submit Capital Projects for the Capital Improvement Program. The report shall be prepared by the Finance Director and be based in part on information from the department directors in the City and shall include a projection of near term financing needs compared to available resources, an analysis of the impact of contemplated financings on the property tax rate and user charges, and a financing recommendation. In developing financing recommendations, city management shall consider the following: I. The amount of time proceeds of obligations are expected to remain on hand and the related carrying cost. 2. The options for interim financing including short term and interfund borrowing, taking into consideration federal and state reimbursement regulations. 3. The effect of proposed action on the tax rate and user charges. 4. Trends in interest rates. 5. Other factors as appropriate. A. Bond Counsel Involvement The Bond Counsel will issue an opinion as to the legality and tax-exempt status of any obligations. The City will also seek the advice of Bond Counsel on all other types of financings and on any other questions involving federal tax or arbitrage law. I The Bond Counsel is also responsible for the preparation of the ordinance authorizing issuance of obligations, and all of the closing documents to complete their sale and delivery, and will perform other services as defined by the contract approved by the City Council. B. Financial Advisor Involvement The City will seek the advice of the Financial Advisor when necessary. The Financial Advisor will advise on the structuring of obligations to be issued, informs the City of various options, advise the City as to how choices will impact the marketability of City obligations and will provide other services as defined by contract approved by the City Council. Financial Advisor will be able to bid on any City competitive debt issues if approval is given by the City. The Financial Advisor will inform the City Manager of significant issues. III. SHORT TERM DEBT A. General When appropriate, the city may consider short-term obligations. Some forms of short- term obligations can be obtained quicker than long-term obligations and thus can be used in emergencies until long-term financing can be obtained. In some cases when the amount of financing required in the immediate future is relatively small, it may be cheaper for the City to issue a small amount of short-term obligations to provide for its immediate needs, than to issue a larger amount of long-term obligations to provide financing for both immediate, and future needs when the carrying costs of issuing obligations, which are not immediately needed are taken into account. The amount of short-term obligations due to mature in a year shall not exceed 5% of the aggregate principal amount of outstanding long-term debt. B. Commercial Paper Interest rates on commercial paper are generally favorable to an issuer relative to interest on other forms of debt. However, it is not feasible for the city of The Colony to issue commercial paper- because the applicable state law requires a population of at least 50,000. Furthermore, the cost of issuance for small issuers is too great and the market for commercial paper from a small issuer is poor. In addition, cities may legally only issue commercial paper for revenue supported projects. However, should the opportunity to participate in a commercial paper issuance pool present itself, the advantages and disadvantages shall be evaluated by city management, Bond Counsel and Financial Advisor. C. Line of Credit With the approval of the City Council, the City may establish a tax-exempt line of credit with a financial institution selected through a competitive process. Draws shall be made on the line of credit when the following occurs: 2 I . The need for financing is so urgent that time does not permit the issuance of long-term debt. 2. The need for financing is so small that the total cost of issuance of long term debt including carrying costs of debt proceeds not needed immediately is significantly higher. Draws will be made on the line of credit to pay for projects designated for line of credit financing by the City Council. The Finance Director (or designee) will authorize draws. The Accounting Manager will identify the line-of-credit draws and expenditures on the books of account. Line of credit financing will only be entered into in accordance to applicable state law. IV. LONG TERM DEBT A. General Long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the useful life of the projects financed. A resolution of intent to issue bonds or other debt obligations authorizing staff to proceed with preparations shall be presented for the consideration of the City Council when capital projects are identified. This provision may be waived in the event of emergencies or other good cause. Debt service structure will approximate level debt service unless operational matters dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than the cost of tax-exempt debt. However, the issuance of taxable debt is mandated in some circumstances, and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue obligations tax-exempt, but may occasionally issue taxable obligations. B. Bonds Long-term general obligation or revenue bonds may be issued to finance significant capital improvements. If required by state law or charter, an election will be held to authorize such obligations. Bonds will have a maximum repayment term of 25 years or less. When cost/beneficial, and when permitted under applicable ordinances, the City may consider the use of surety bonds, lines of credit, or similar instruments to satisfy reserve requirements. C. Certificates of Obligation Certificates of Obligation may be issued to finance permanent improvements, land acquisition, and other public purposes. The life of certificates of obligation issued to finance equipment shall match to the extent possible the useful life of the equipment, which is usually three to five years. Certificate of Obligations will be secured by a tax pledge and/or a revenue pledge, as required by law and as determined to be in the best interest of the City. Some revenues are restricted as to the uses for which they may be pledged. Water and wastewater revenues may be pledged without limit. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. The life of the contractual obligations issued to finance personal property shall match the useful life of the personal property. E. Anticipation Notes Anticipation Notes may be used to finance projects or acquisition that could also be financed with Certificates of Obligation. Anticipation Notes may be secured and repaid by a pledge of revenue, taxes, a combination of revenue and taxes or the proceeds of a future debt issue. Anticipation Notes are authorized by an ordinance adopted by the City. Anticipation Notes have several restrictions, which include: 1. Anticipation Notes issued for general purposes must mature before the seventh anniversary of the date the Attorney General approves the issue. 2. A governing body may not issue Anticipation Notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters and the proposition states that anticipation notes may be issued. F. Negotiated versus Competitive Sale versus Private Placement When feasible and economical, obligations shall be issued by competitive sale rather than negotiated sale. A sale may be negotiated when the issue is predominantly a refunding issue or in other non-routine situations, which require more flexibility than a competitive sale allows. In addition, market volatility may necessitate a negotiated sale. Whenever the option exists to offer an issue either for competitive sale or for negotiated sale, analysis of the options shall be performed to aid in the decision making process. When a sale is not competitively bid, the City will participate with the Financial Advisor in the selection of the underwriter or direct purchaser. 4 The criteria used to select a winning bidder in a competitive sale shall be the true interest cost. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP). The criteria used to select an underwriter in a negotiated sale should include the following: 1. Overall experience 2. Marketing philosophy 3. Capability 4. Previous experience with the City as managing or co-managing underwriter 5. Financial Statement 6. Public Finance team and resources 7. Breakdown of underwriter's discount a. Management fee - compensation to the underwriter for their work in structuring the issue. b. Underwriting fee - compensation to the underwriter for using their capital to underwrite the bonds. c. Average takedown - the portion of the underwriter's discount used to pay the sales force. d. Expenses - administrative costs such as underwriter's counsel and administrative fees. In a negotiated underwriting, the sale will be, to the extent appropriate, negotiated with a consortium of underwriting firms, to preserve some of the benefits of competition. When cost/beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the Financial Advisor. G. Bidding Parameters The notice of sale will be carefully constructed to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined include: 1. Limits between lowest and highest coupons 2. Coupon requirements relative to the yield curve 3. Method of underwriter compensation, discount or premium coupons 4. Use of true interest cost (TIC) versus net interest cost (NIC) 5. Use of bond insurance 6. Deep discount bonds 7. Variable rate bonds 8. Call provisions 5 H. Bond Elections Before a bond election, the City Manager and City Councilmembers will be provided with competent debt capacity analyses, tax and user fee impact projections and other information as directed by the City Manager's Office. The Bond Counsel and Financial Advisor will provide support during the process. V. REFUNDING The City shall consider refunding debt whenever an analysis indicates the potential for present value savings or the city's needs to restructure its debt payments. As a general rule, private activity bonds may be refunded in a current refunding only. VI. CAPITAL LEASING Capital leasing is an option for the acquisition of a piece or package of equipment costing less than $1,000,000. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constraints or vendor responsiveness override the economic consideration. Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall strive to obtain an explicitly defined taxable rate so that the lease will not be counted in the City's total annual borrowings subject to arbitrage rebate. The lease agreements shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease, which can be called at will, is preferable to one, which can merely be accelerated. Since the market for lease financings is relatively inefficient, the interest rates available at any one time may vary widely. Therefore, the City shall attempt to obtain at least three competitive proposals for any major lease financing. The net present value of competitive bids shall be compared; taking into account whether payments are in advance or in arrears, and how frequently, payments are made. The purchase price of equipment shall be competitively bid as well as the financing cost. The advice of the City's Bond Counsel shall be sought in any leasing arrangement and when federal tax forms 8038 are prepared to ensure that all federal tax laws are obeyed. The City may consider issuing certificates of participation to finance a very large project. Care should be taken because financing costs may be greater than for other types of financing. When possible, the lease agreement will be backed with a tax pledge. 6 i it I If the City is obligated to make payment, more than a year in the future then the agreement will probably be considered debt by the State. However, if the payments are subject to annual appropriation by the City Council, then they may not. VII. OTHER TYPES OF FINANCING From time to time, other types of financing may become available. Examples of these options are debt pools with other entities and low-interest loans from State Agencies such as the Texas Water Development Board. The Finance Director will prepare a written analysis of an option, with the advice of the City's Bond Counsel and Financial Advisor. VIII. RATIOS AND RESERVES The portion of the City's property tax levied for debt service shall not exceed 40% of the total tax rate levied each year even though the Texas Attorney General's Office, in its review of bonds or other obligations secured by Ad Valorem Taxes, generally imposes a limit of $1.50 for debt service for cities with a $2.50 maximum tax rate. However, the City is obligated to levy an Ad Valorem Tax sufficient to provide for the timely payments of its debt obligations secured by Ad Valorem Taxes. The City will maintain net revenues equaling to at least 1.10 times the maximum annual principal and interest requirement and 1.25 times the average annual principal and interest requirements of all parity bonds outstanding in the Water and Wastewater Fund. For water and sewer, and other types of revenue bonds, the bond documents will designate the reserve fund amount if a reserve fund is to be established. When revenue supported debt is issued, a debt service reserve or similar alternative may be established. The requirements for and source of the reserve will be determined on a case-by-case basis. IX. OFFICIAL STATEMENT The Official Statement is the disclosure document prepared by or on behalf of the City for an offering of securities. A. Responsibility The preparation of the Official Statement is the responsibility of the Finance Director with the help of the Financial Advisor. Information for the Official Statement is gathered from departments/divisions throughout the City. B. Timing The Finance Director will begin assembling the information needed to update the Official Statement before the offering of debt. Audited financial statement information is expected in March. As soon as it is available, audited financial statement information and capital budget information will be incorporated. 7 I If the next anticipated bond sale is expected to be more than twelve months after fiscal year end, then the prior year's audited financial statement information may be updated using unaudited figures. The Financial Advisor shall begin preparing the Official Statement at least eight weeks prior to an anticipated bond issuance. Subsequent timing will generally be as follows: 1. The first draft of the preliminary Official Statement takes approximately 2 weeks to create. 2. Copies of the first draft are provided to the City's Bond Counsel and City Staff, who will review it for 2 weeks. In the case of a negotiated sale, the underwriter's counsel will also be asked for comments. 3. Comments from reviewers should be submitted during the two-week review period. About 1 week will be required to make the requested changes. After they have been made, the Official Statement is either sent to print or subjected to a second review. 4. During the printing process or the second review, a copy of the draft Official Statement is sent to the rating agencies for their review. 5. The preliminary Official Statement should be completed and mailed or electronically distributed to underwriters 2 weeks prior to the bond sale date. The preliminary document will be titled "preliminary" with red printed disclosure language and will be called a "red herring". 6. After interest rates have been accepted by the City Council, the final Official Statement must be prepared and distributed to the underwriter within seven business days of the date of sale. C. Auditor's Involvement The City will include a review of its Official Statement in the contract for services with its external auditor if required. D. Printing The Financial Advisor may print the Official Statement for the City. X. RATINGS The City's goal is to maintain or improve its bond ratings. To that end, prudent financial management policies will be adhered to in all areas. Full disclosure of operations will be made to the bond rating agencies. The City staff, with the assistance of the Financial Advisor and Bond Counsel, will prepare the necessary materials for presentation to the rating agencies. 8 The City may choose to use Fitch Ratings, Moody's or Standard and Poor's. The City shall maintain a line of communications with those rating agencies (Moody's, Standard and Poor's, or Fitch), informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report shall be distributed to the rating agencies after it has been accepted by the City Council. The rating agencies will also be notified either by telephone or through written correspondence when the City begins preparation for a debt issuance. After the initial contact, a formal ratings application will be prepared and sent along with the draft of the Official Statement relating to the bond sale to the rating agencies. This application and related documentation should be sent several weeks prior to the bond sale to give the rating agencies sufficient time to perform their review. A personal meeting with representatives of the rating agencies will be scheduled every few years or whenever a major project is initiated. XI. CREDIT ENHANCEMENTS Credit enhancements are mechanisms that guarantee principal and interest payments. They include bond insurance and a line or letter of credit. Credit enhancement will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. During debt issuance planning, the Financial Advisor will advise the City whether or not a credit enhancement is cost effective under the circumstances and what type of credit enhancement, if any, should be purchased. In a negotiated sale, bids will be taken during the period prior to the pricing of the sale. In a competitive sale, the bidder may purchase bond insurance if the issue qualifies for bond insurance. XII. SECONDARY MARKET DISCLOSURE SEC 15c2-12 regulations became effective July 3, 1995. The new regulation requires municipal debt issuers to provide specified financial and operating information for fiscal years beginning on January 1, 1996, or later. The information provided should mirror the information provided in an official statement at the time of a primary offering. The annual financial information is to be sent to all Nationally Recognized Municipal Information Depositories (NRMSIRs) designated by the SEC. Additionally, issuers must notify the State Information Depositories (SIDs) if one exists. In addition to the financial and operating information, any material event must be provided to all NRMSIRs, Municipal Securities Rulemaking Board (MSRB) and to the state SID's. Municipal debt issuers will be obligated to provide ongoing disclosure on the status of the following material events: 1. Principal and interest payment delinquencies 2. Non-payment-related defaults 3. Unscheduled draws on reserves 4. Unscheduled draws on credit enhancements 9 i i 5. Substitution of credit or liquidity providers, or the failure to perform 6. Adverse tax opinions or events affecting the tax-exempt status of the security 7. Modifications to rights of security holders 8. Bond calls 9. Defeasances 10. Matters affecting collateral 11. Rating changes The Finance Director will be designated "Compliance Officer" for disclosure requirements. Levels of reporting will include: 1. Notification by certified mail to NRMSIRs, and SID's of material events, with copies to the City Council 2. Copies of CAFR and updated tables from the Official Statement to NRMSIRs and SIDs within six months of fiscal year end. XIII. ARBITRAGE LIABILITY MANAGEMENT It is the City's policy to minimize the cost of arbitrage rebate and yield restrictions while strictly complying with the law. A. General Federal arbitrage legislation is intended to discourage entities from issuing tax-exempt obligations unnecessarily. In compliance with the spirit of this legislation, the City will not issue obligations except for identifiable projects with very good prospects of timely initiation. Obligations will be issued as closely in time as feasible to the time contracts are expected to be awarded so that they will be spent quickly. B. Responsibility Because of the complexity of arbitrage rebate regulations and the severity of non- compliance penalties, the advice of Bond Counsel and other qualified experts will be sought whenever questions about arbitrage rebate regulations arise. The City contracts outside consultants for arbitrage rebate services. The Accounting Manager will be responsible for identifying the amount of unspent debt proceeds including interest which is on hand and will be responsible for ensuring that, to the extent feasible, the oldest proceeds on hand are spent first. The consultants will maintain a system for computing and tracking the arbitrage rebate liability. The consultants will notify the City within 60 days of year-end of the amount of accrued liability. The consultants will also be responsible for notifying the City two months in advance of when a rebate of excess arbitrage earnings is due to the Internal Revenue Service. The City's Bond Counsel and Financial Advisor may be requested to review in advance any arbitrage rebate payments and forms sent to the Internal Revenue Service. 10 The expenditure of obligation proceeds will be tracked in the financial accounting system by type of issue. Investments will be pooled for financial accounting purposes and may, at the discretion of the Finance Director, be pooled for investment purposes. When investments of bond proceeds are co-mingled with other investments, the City shall adhere to the Internal Revenue Service rules on accounting allocations. Arbitrage rebate costs shall be charged as negative interest revenue to the funds in which the related obligation proceeds were originally deposited. C. Internal Interim Financing In order to defer the issuance of obligations, when sufficient non-restricted reserve funds are on hand, consideration shall be given to appropriating them to provide interim financing for large construction contracts or parts of contracts. When the appropriations are subsequently re-financed with proceeds of obligations or other resources, the non- restricted reserve funds shall be repaid. When expenditures are reimbursed from debt issuances, applicable state law and the Internal Revenue Service rules on reimbursements will be complied with so that the reimbursements may be considered expenditures for arbitrage purposes. Requirements are in general: 1. The City shall declare its intention to reimburse expenditure with debt proceeds before paying the expenditure, and will exclude cost of issuance. 2. Reimbursement bonds must be issued and the reimbursement made within eighteen months after the expenditure was made or the property financed by the expenditure was placed in service, whichever is later. 3. The expenditure to be reimbursed must be a capital expenditure. D. Spend-out Exceptions For Federal Rebate Arbitrage rebate regulations provide certain spending exceptions to the imposition of Federal rebate obligations. One such safe harbor applies to obligations issued for construction if certain rules are adhered to and the proceeds are spent within two years. Other such exceptions apply to expenditures of proceeds within 6 months or eighteen months. These options should be considered when circumstances indicate the City will with certainty be successful in achieving a spend-out goal. Such circumstances may include, but are not limited to the following: 1. Obligations are issued to finance a variety of small construction projects, not large projects that might be unexpectedly delayed after the issuance. In addition, project management understands the requirements and is firmly committed to achieving the spend-out goal. 2. Obligations are issued for a single, large high priority project with a relatively short construction period and there is a high level of commitment to speedy completion. 11 When the two-year spend-out option is elected, debt will be issued for an estimated one year of expenditures to provide for unexpected delays of up to a year without incurring penalties. The exercise of the spend-out options will always be coordinated with Bond Counsel and the Financial Advisor. The city shall coordinate with Bond Counsel and the Financial Advisor regarding the proper elections to be made in connection therewith. XIV. MODIFICATIONS TO POLICIES Management staff will review these policies annually and significant changes may be made with the approval of the City Manager. Significant policy changes will be presented to the City Council for confirmation. 12