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HomeMy WebLinkAboutR-2011-065 - Adopts a City Debt Management Policy RESOLUTION NO. 2011-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A CITY "DEBT MANAGEMENT POLICY"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-12, entitled "Debt Management Policy", of Article I, entitled "In General", of Chapter 2, entitled "Administration", of the City Code of Ordinances, the City Commission shall, from time to time adopt a City Debt Management Policy; and WHEREAS, the City Finance Department has prepared a Debt Management Policy with the help and collaboration of the City's Financial Advisor an4 recommends such policy to the City Commission for approval and adoption; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That pursuant to this Resolution, the City Commission adopts a City Debt Management Policy, a copy of which Policy is attached, marked as Exhibit "A", and it is made a part of and incorporated into this Resolution by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 12, 2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO ORM AxIn CORRECTNESS: THOM S J.J NsMbw7 CITY ATTORNEY EXHIBIT "A" DEBT MANAGEMENT POLICY Definitions: Amortization means the schedule of debt principal to be paid over a period of time. Banking Fund- See Internal Loan Fund. Bond Disclosure Supplement means the City's annual report which provides market disclosure relating to the City's debt offerings. Covenant Program means the City's debt program that is secured by covenant to budget and appropriate from non-ad valorem revenues and encompasses all debt that is defined as Covenant Obligations under the City's Debt Ordinance Debt Hedging Products means interest rate risk mitigation products such as swaps, caps, floors, collars and options in connection with the incurrence of City debt obligations. Debt Service means scheduled payments of interest and principal on debt obligations. Fixed Rate Debt means a debt obligation issued with a predetermined interest rate. General Government Debt means all Non Self Supporting debt. These are the programs whose expenditures for debt service are in direct competition with other General Fund expenditures (salaries, utilities, supplies, etc.). Hedged Variable Rate Debt means total variable rate debt less any associated Debt Hedging Products and allocated Short-Term Investments. Internal Loan Fund means a conduit financing device to distribute proceeds of debt into loans to various operating funds of the City. The goal of Internal Loan Fund is to provide funding for various projects around the City, with flexibility of loan terms and low, blended rate. The blended loan rate is achieved through a mix of variable, medium-term, and long-term Covenant backed debt instruments. In general, loan repayment schedules are established that are shorter than bond repayment provisions, in order to provide the City a revolving source of capital financing without needing to access the public markets for each capital need. Maturity means the length of time until the principal amount of a bond must be repaid. Medium Term Loans means debt issued with a fifteen year or less maturity that is Designated Maturity Debt as defined in the Covenant Program. See above, IX. Criteria for Evaluating Debt Options, B. Market Options, (i) Election to Issue Fixed Rate Debt. Net Variable Rate Debt means total Variable Rate Debt less Hedged Variable Rate Debt. 2 RESOLUTION#2011-065 Non-Self Supporting Debt means any indebtedness of the City other than Self Supporting Debt Pay-As-You-Go refers to the payment of capital projects or other non operating projects using non-capitalized revenues. Present Value means the amount that a future sum of money is worth today given a specified rate of return. Ratings means ratings that are issued by Moody's Investors Service, Fitch and Standard & Poor's Corporation and any other nationally recognized rating agency, to the extent they have in effect a rating on City debt. Self Supporting Debt means any indebtedness of the City for borrowed money that is either (a) secured by or payable exclusively from a source of revenues other than Covenant Revenues, or (b)primarily payable from revenues of the type described in clause (a) above and secondarily from Covenant Revenues if the Covenant Revenues have not been used (or, as provided below, deemed to have been used) to pay any portion of such indebtedness for the three Fiscal Years preceding the date of determination and if the City projects that the Covenant Revenues will not be so used during the next two Fiscal Years; and either (c)that is secured by a revenue source that has been in effect for at least three Fiscal Years and that would have provided coverage of at least 125% of the average annual debt service on such obligations secured by such revenue source in each of the three preceding Fiscal Years or, (d)if the revenue source has not been in existence for at least three Fiscal Years, that is secured by a revenue source that would have provided coverage of at least 150% of the average annual debt service on such obligations secured by such revenue source in at least the last full Fiscal Year preceding the issuance of such obligations and that is projected to provide at least 150% debt service coverage (based on revenue and debt service projections by the City) in each of the three ensuing Fiscal Years; and (e) in any such case, in the three preceding Fiscal Years, no debt service on which has been paid (or, as provided below, deemed to have been paid) from Covenant Revenues deposited in the General Fund or the Utilities Services Tax Fund. For purposes of calculating the coverage requirements described in this definition, the historical and projected receipts of a particular revenue source shall be adjusted retroactively to the initial date of the calculation period to reflect changes in rates, levies or impositions enacted prior to the date of calculation. For purposes of this definition, Covenant Revenues will be deemed to have been used to pay debt service on any debt if Covenant Revenues have been transferred in the relevant period, other than pursuant to a Capital Transfer, to a fund or account used to pay debt service on such debt. Synthetic Refunding means refunding transactions that include the use of interest rate risk management products such as swaps, caps, floors, collars and options. Short-term Investments means liquid investment assets of the City. 3 RESOLUTION#2011-065 Tax-Supported Debt means General Government Debt programs plus Other Governmental Self-Supporting Debt. This creates two categories of debt which place direct or indirect burden on the taxpayers of the City. Un-hedged Variable Rate Debt means Net Variable Rate Debt. Variable Rate Debt means debt obligations entered into that use a variable, auction reset, adjustable, convertible or other similar interest rate which is not fixed in percentage at the date of issue. Section 1 —Purpose and framework I. Introduction The Debt Management Policy for the City of Dania Beach is intended for the following purposes: (a) establish parameters for issuing and managing debt; (b) provide guidelines to decision makers relating to debt affordability standards; and (c) ensure that future generations of elected officials have reasonable latitude in addressing issues or problems of their tenure. This Debt Management Policy sets forth the goals and objectives of the program and defines targets and benchmarks within these parameters. II. Scope This Debt Management Policy shall apply to all debt issued by the City of Dania Beach on behalf of the citizens, taxpayers and rate payers of the City of Dania Beach. III. Objectives The following goals shall define the objectives for the issuance of debt of the City of Dania Beach, which are subject to the scope of this Debt Management Policy. A. Balance multiple financial management objectives, including: 1. Creativity: to examine new or different means to achieve established objectives at the lowest possible cost; 2. Innovation: to address, consider or conceive new financing options which are either developed in the City's traditional municipal markets or adaptable from other existing financial markets; 3. Flexibility: to retain the City's current and future options to meet its financing challenges; 4 RESOLUTION#2011-065 4. Responsibility: to be fair, reasonable and equitable to each generation of taxpayers, rate payers, users and other beneficiaries when distributing the debt burden or costs of government; 5. Due Care: to pay timely attention to and comply with each and all of the agreements, laws, contracts, covenants, policies and obligations, which make up or are related to the City Debt Management Program(s). B. Define and categorize the City's current debt programs as governmental or proprietary within the self-supporting and non-self supporting categories. C, Enhance the City's ability to access the credit markets and enhance or maintain the credit ratings for each of its programs. D. Consider conditions of Debt Issuance (strategic, economic, financial, operational and environmental). E. Evaluate each of the following in anticipation of new borrowing initiatives: I. Appropriate final maturity (three (3)to thirty (30) years); 2. Principal Amortization pattern (e.g., level principal, level debt service, etc.); 3. Use of long-term fixed, intermediate term fixed or variable rate debt price and risks. F. Review benchmark at least once every three (3) years and recommend any changes in targets and proposition any amendments to City Manager for approval, including development of an appropriate time frame to implement such changes. Section 2—Guidelines I. Categorize Debt Program(s) The City of Dania Beach shall periodically establish standards for and, classify each, of the City's debt programs into one of the following categories: A. Self-Supporting Debt: Proprietary operations State Revolving Loan Revenue Bond Capital Leases Line of Credit 5 RESOLUTION#2011-065 B. Non Self-supporting Debt: General Governmental (including the General Fund) Covenant Program Revenue Bond Capital Leases Line of Credit General Obligation This distinction recognizes that self-supporting proprietary programs do not directly or indirectly place a burden on taxpayers in the form of increased taxes. As long as each system's user rates meet the needs of both operations and debt service, the debt program is not considered part of either the General Government or Tax-Supported Debt of the City of Dania Beach. Having made these classifications,the City Administration shall commit to the following: A. Act in regard to self-supporting proprietary operations, when necessary, to increase rates to ensure that each operation maintains rate coverages (revenue to debt service ratios) as required by the higher of either City policy or related debt covenants. B. Limit the level of annual debt service as a percentage of available annual revenues to ensure a reasonable ability to address recurring operations and maintenance and capital requirements on a pay-as-you-go basis for all self- supporting governmental operations. C. Establish the annual subsidy required and compare it to the actual subsidy needed for all non self-supporting proprietary operations. D. Adhere to debt limits established in the Debt Management Policy to ensure current and future flexibility for all Non Self-Supporting Debt. II. Credit Worthiness Objectives Rating agencies issue credit rating based upon their ways to improve or maintain a municipal credit rating as published by Standard & Poor's Ratings are: 1) Establish or enhance rainy day/budget stabilization reserves. Some considerations when establishing a reserve are as follows: a What the government's cash flow/operating requirements are; b The historic volatility of revenues and expenditures through economic cycles; 6 RESOLUTION#2011-065 c Are formal policies established outlining under what circumstances reserves can be drawn down; and d Will there be a mechanism to rebuild reserves once they are utilized. 2) Establish regular economic and revenue reviews to identify early potential budget problems 3) Prioritize spending and establish contingency plans for operating budgets as a fallback financial strategy. When budget imbalances occur in a downfall situation, the following analysis should be conducted: a What art of the budget is discretionary; p g Y; b What spending areas can be legally or practically reduced; c The time frame necessary to achieve reductions for various programs; e Which part of the revenue is flexible; and f What action is to be adopted on the revenue side under different economic scenarios. III. Conditions of Debt Issuance a Issuance of debt to fund operating deficits operations IS NOT permitted. b Debt issuance is permissible for fixed assets acquisition and infrastructure improvement. IV. Final Maturity The following is the guideline and is not a mandatory schedule; however, in no circumstances should the maturity of the loan be longer than the life of the assets. a Computer equipment: 3 to 7 years; b Vehicles: 5 to 7 years; c Fire Engine: 10 to 15 years; d Rescue Truck: 5 to 8 years; e Heavy Equipment such as loader, dump truck: 5 to 8 years; f Building: 20 to 30 years; g Infrastructure Improvement: 20 to 50 years; and h Land: 20 to 50 years. V. Manage the Use and Commitment of Resources that may be pledged and the City Code of Ordinance a. The City of Dania Beach has established through Ordinance that the maximum amount of outstanding revenue bond is not to exceed $20,000,000.00 in any one Fund. 7 RESOLUTION#2011-065 b. The City of Dania Beach recognizes that the pledgable revenue sources are limited and that careful consideration must be exercised so as not to over extend the capability. The City is to limit future flexibility in using collateralization. Only the following revenues in the General Fund should be used for pledging: 1) Electric Franchise Fees; 2) Electric Utility Taxes; and 3) Sales Tax. VI. Measuring Inter-period Equity When measuring its commitment to infrastructure and related service delivery potential, the City shall address both its capital, operating and maintenance requirements. For purposes of this Policy, the City shall focus on its capital portion. When measuring inter- period equity, the City must consider the need to allocate the burden between generations and, more specifically, between fiscal periods. The City will seek to measure the impact of proposed capital funding sources (debt and Pay-as-you-go) for both a single year and longer-term forward forecasts. This future capacity analysis shall consider debt service maturities and payment patterns, as well as the City's use of Pay-as-you-go budgetary capital allocations. VII. Maintaining/Improving Credit Ratings The City shall strive to maintain its ratings and enhance the overall credit standing of not only its general credit, but also each of its specific debt programs. When addressing efforts to enhance its current ratings, the City will seek to balance its current flexibility (and related ability to meet the challenges facing the community) with potential limitations or restrictions which may be required to enhance a bond rating. In light of the then current market conditions, the City will have to judge the enhanced market advantage of a projected rating by program against the potential loss of flexibility, which may be necessary to achieve the rating enhancement. The City's current ratings are regularly published by the Rating Agencies and are summarized annually in the City's Bond Disclosure Supplement. The need for multiple ratings and merit of various rating services' ratings may be judged at the time and in the circumstances of the contemplated issue and in the perspective of the City's overall programs. VIII. The Internal Loan Fund The City shall establish a Loan Covenant Program, which will be used as the primary funding source for the Internal Loan Fund. The goal of the Internal Loan Fund is to provide funding for various projects around the City with the flexibility of loan terms and a low, fixed and stated interest rate. The fixed loan rate shall be 140% of the ten (10) year treasury yield. In general, loan repayment schedules are established that are shorter 8 RESOLUTION#2011-065 than bond repayment provisions in order to provide the City an internal and revolving source of capital financing, without needing to access the public markets for small proj ects. Loans may be provided to both proprietary and non-proprietary operations. Loan repayments from proprietary operations are subordinate to revenue bond debt issued for and secured by proprietary funds. IX. Criteria for Evaluating Debt Options The CityAdministration has authorized the Finance Department to establish specific P P target benchmarks for potential exercise of debt options. Further, within the framework established by the goals, objectives and established target benchmarks, the City Manager authorizes the Chief Financial Officer to act on behalf of the City in a manner intended to lower the effective cost of debt to the taxpayers and citizens of the City of Dania Beach. With regard to this delegation of authority to the Chief Financial Officer, the following criteria for evaluating debt options has been established: A. Maturity Analysis For self-supporting proprietary operations, the primary strategy is to use a long-term debt service maturity structure. Generally, level debt service is preferable, unless user capacity increases, which results in higher revenues and are planned and forecast in later years. To the extent that shorter maturities or alternative amortization strategies are utilized in an effort to reduce the effective borrowing costs, a comparative advantage must be considered in relationship to the potential negative impacts on user rates and charges. For all other categories of debt, the City may consider opportunities to either shorten maturities or alter amortization structures. A level principal structure may be considered, versus level debt service generally, as long as the structure does not dramatically increase the maximum annual debt service (for example by more than 25%). Additionally, the City should consider a level principal maturity structure compared to shorter maturity level debt service structure when maximum annual debt service is similar. B. Market Options (i) Election to Issue Fixed Rate Debt The City of Dania Beach has available to it two separate fixed rate programs; 1. Long-term Fixed Rate Debt and Medium Term Notes. Fixed Rate Debt is the traditional way municipalities have issued debt. Debt is offered to investors with a fixed maturity schedule at rates fixed in a single offering. Long-term Fixed Rate Debt issuance should be based upon a consideration of the following factors: 9 RESOLUTION#2011-065 (a) the level of long-term rates at the time of issuance versus the last 3 to 10 years, (b) a short to intermediate range forecast for long term rates to be trending upwards, (c) the ratio of short-term (or variable rate) debt to current program debt outstanding and/or (d)the amount of Variable Rate Debt outstanding by program. (ii). Election to Issue Variable Rate 2. Issuing Variable Rate Debt permits the City to access rates on the very short end of the yield curve. The difference in short versus long-term rates varies with the shape of the yield curve and has typically ranged from 100-350 basis points (or 1.0% to 3.5%). By issuing Variable Rate Debt, the issuer is subject to interest rate risk; however, Variable Rate Debt has historically been at lower interest rate levels than recognized fixed rate indices, and is generally able to create a natural hedge against changes in the City's Short-Term Investment portfolio. Variable Rate Debt should be used for two purposes: (1)as an interim financing device (during construction periods); and (2), subject to limitations, as an integral portion of a long-term strategy to lower the City's effective cost of capital. The City's interim Variable Rate Program allows the City to avoid the inefficiency of borrowing for small projects and allows for an aggregation of small projects and, thus, a more cost effective Debt Management Program. Under either circumstance, when the cycle of long- term rates moves down to or near historic lows, consideration should be given to fixing (converting to a fixed rate to maturity alternative) a portion of the then outstanding Variable Rate Debt to take advantage of the attractive long-term fixed rates. (iii). Hedging Election The City of Dania Beach will not participate in any hedging of its debt without prior Commission approval (iv). Debt Program Targets In general, the City seeks to lower its overall cost of funds through an issuance of Variable Rate Debt and Medium Term Notes, since these products are generally lower than fixed rates of interest. In addition, the Variable Rate Debt would simultaneously create a hedge against its variable rate investments to protect its financial condition in lower interest rate environments. The potential savings and benefits justify interest rate exposure, as long as the risk is mitigated by limiting the amount of the Net Variable Rate Debt. 10 RESOLUTION#2011-065 In considering Net Variable Rate Debt, the rating agencies generally recognize the issuer's ability to match its assets and liabilities and generally exclude or net Variable Rate Debt equal to: (i) certain variable rate assets, and (ii) applied Debt Hedging Products, such as interest rate caps and swaps where appropriate. The following targets are established for the overall debt portfolio for the City, including all Self-Supporting Debt and Non Self Supporting Debt: Overall City and CRA Debt Werall Citv and CRA Targets • Fixed Rate • Goal 70-90% • Unhedged or Net Variable Rate: • Goal 10-20% • Maximum 30% Covenant Program The following targets are established for the Covenant Program: CoN,enant Program —Targets • Fixed Rate • Goal 40-50% • Unhedged or Net Variable Rate: • Goal 25-35% • Maximum 50% Other Debt Program Targets In addition to the aforementioned targets for the overall City, CRA debt and the Covenant Program, specific targets regarding the limits on unhedged or Net Variable Rate Debt exposure for the senior debt of each separate borrowing program are set forth below: Other Debt Programs Target Maximum Net Variable Rate Debt (1) Exposure Water/Sewer 45% Stormwater 25% Parking 15% CRA (Downtown District) 25% Special Assessment N/A New Debt Programs: TBD 11 RESOLUTION#2011-065 (1) The maximum Net Variable Rate Debt exposure limits have been established in recognition of each program's variable rate exposure associated with the Internal Loan Fund exposure. The City's Wastewater program does not currently have Internal Loan Fund exposure and, therefore, a higher maximum is more appropriate compared to the Parking and the CRA (Downtown District) Programs, which have Internal Loan Fund (subordinate lien) variable rate exposure. (v). Refunding Options Targets for a Fixed Rate Debt to Fixed Rate Debt refunding should include the g g following criteria: 1. A maximum true interest cost; 2. A minimum economic present value of at least 5% of refunded bonds; and 3. A minimum annual average debt service savings of at least One Hundred Thousand Dollars ($100,000.00). Lower net present value cost savings and annual average debt service savings criteria may be appropriate for shorter term or smaller fixed rate refunding issues. Refunding Variable Rate Debt to Fixed Rate Debt cannot provide for the similar measurable benchmarks and should be based on the aforementioned election to Issue Fixed Rate Debt criteria. Refunding of Variable Rate Debt to Variable Rate Debt should be based primarily on the economic or structured advantages of the new program. Criteria and saving targets associated with Synthetic refundings that are consistent with the provisions of the City's Interest Rate Risk Management Policy, should be established on a case-by-case basis, and should generally be higher (more restrictive)than the criteria for Fixed Rate Debt refundings. While a framework (a delegation of authority) has been established regarding the management of the City's debt portfolio, specific City Commission approval is still required prior to the issuance of any new debt. X. Measures of Future Flexibility As the City addresses its needs at any one period in time, the Mayor and City Commission must both be prepared to ensure the flexibility of this and future generations of elected officials to meet the then present needs and challenges, which face the community. Since neither State law nor the City Charter provide any fixed limits on the 12 RESOLUTION #2011-065 amount of debt which may be incurred (other than the requirement to have G. O. debt approved in advance by referendum), the following targets or limits are established to ensure future flexibility. The following goals and targets are set to ensure the current and future flexibility, and financial vitality of the City. I)escription Targets General Government Debt Service as a percentage of non-ad valorem General Fund expenditures: •Debt Limit(within the covenant program limitation) 20%max. •-Goal/Target 10%max. Weighted Average Maturity of Debt Program(s): • Self-supporting 15 year max. • Non self-supporting 20 year max. Weighted Average Maturity of Internal Loan Program 12 year max. General Government Direct Debt per capita $1,250 max. Enterprise Fund Direct Debt per Customer Account $4,000 max. Net Direct Tax Supported Debt as a percentage of ad valorem property values: • General Government 5% max. • Total Tax Supported 7.5%max. Debt Service requirement as a percentage of a new governmental 50%max. revenue stream General Fund reserve, (as a percentage of the current year's 20%to 25% operating budget) While the City currently operates well within these goals and targets, it is appropriate to use these various common measures of debt burden as a means of setting parameters for the overall Debt Management Program for the City of Dania Beach. XI. Debt Management Policy Review and Modification The City's Debt Management Policy will be submitted by the City Manager for ratification by the City Commission, and for it to authorize and effect any change, modification or amendment to this Debt Management Policy, which shall rest solely with City Commission. Finance Department and staff recommendations for policy changes may be submitted in conjunction with the ratification or as deemed necessary. Policy changes initiated by the City Commission may be made as deemed appropriate. Policy changes will become effective on the date that the change or changes is/are adopted by the City Commission. 13 RESOLUTION#2011-065 XII. Time-Line for Implementation of Amendments Considering the then current position of the interest rate curve, recent movements and indication of possible short term direction, the City shall consider reasonable timelines to bring the then current debt program in line with amendments to this Debt Management Policy. XIII. Effective Date The Debt Management Policy of the City of Dania Beach will be effective upon the ratification and approval of the City Commission. 14 RESOLUTION#2011-065