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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL SPECIAL MEETING (STUDY SESSION) WEDNESDAY, APRIL 27, 2011 5:30 P.M. (Municipal Building Council Chambers (Room #417) 1. Call to Order. 2. Roll call. 3. Review financial policies on debt issuance and fund balance. 4. Matters not on the agenda. 5. Motion to adjourn. CITY MANAGER’S OFFICE MEMORANDUM April 22, 2011 TO: City Council FROM: Jacob J Winzenz, Director of Admin. Services/Assistant City Manager Patty Lynch, Comptroller SUBJECT: Financial Policies Study Session Summary The City of Janesville’s financial policies set forth the basic framework for the fiscal management of the city. Operating concurrently with the changing circumstance and conditions, these policies assist the decision-making process of the City Council. These policies provide guidelines for evaluating both current activities and future programs. The Governmental Accounting Standard Board (GASB) issues standards in governmental accounting and financial reporting that are intended to result in useful information to the users of financial reports. This year the City is implementing GASB Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions. Implementation of this standard impacts the fund balance policy and is incorporated in the fund policy and analysis. City Manager Recommendation There are some key questions facing the City Council in looking at debt management and fund balance policies. A State policy that impacts our discussion is the levy limit which is proposed to be restricted at 0% for the next two years. The tax levy for General Obligation Debt is outside of the levy limit. Thus, while some Council members have mentioned doing a pay as you go program for Capital Improvements, there are two barriers to this methodology under our revenue make-up. First, the State law does not allow the Council go outside the levy limit for this purpose. Therefore, this policy would require operational reductions beyond what we are currently facing. Second, some projects provide benefits that will be experienced over a longer term period and the question would be whether they should be paid up- front rather than allow future beneficiaries to pay a portion of the cost of the capital improvement. I would like to present several questions for the Council to contemplate in providing direction on the final development of the debt and fund balance policies. 1. The City currently is at 39% of the General Obligation Debt Limit (1.93% of the Equalized Value). Staff recommends placing a cap at 50%. This cap may require a supermajority vote of the Council to borrow above the cap. 1 2. Some City Council members have mentioned the feasibility of establishing a cap by using current debt service and either setting the cap at the current debt service or at a 10% increase over the current debt service. The current debt service will decrease by $200,000 in 2012 prior to the 2011 note issue. 3. The City currently has an informal policy of 10 year notes at equal principal payments and declining interest. This payment schedule provides less interest being paid, but may increase tax rates in early years on large projects. 4. Staff recommends maintaining the General Fund Balance between 15 and 25% of operating expenditures. 5. The City has continued to look at ways to reduce the use of Fund Balance as a part of the budget process. Currently it is at $890,000. However, this is a question that should be addressed since it will likely require cuts in services due to 84% of our revenues consisting of State Shared revenue and property taxes. These revenues are being reduced in one case and the City is not allowed to increase them in another case. The other issue that should be thought of is that while we budget a part of the fund balance our goal is to eliminate it for the eventual use during the year. Debt Management Debt issuance is a vital local government financial tool to raise the money necessary to implement major capital improvements projects. Although vital to local government finance, debt should be issued prudently to maintain the long-term financial well being of the government and the community. Sound debt management practices demonstrate to credit reporting agencies the credit worthiness (credit rating) of the City of Janesville for borrowing monies at favorable interest rates. Council Policy Statement No. 75 (Debt Management) - approved on May 13, 1997 - sets the City’s parameters for debt issuance and management (see attached). It is best to periodically review these policies to make sure they reflect the priorities of the current City Council and community, as well as best practices of the Government Officers Finance Association (GFOA). The Government Officers Finance Association (GFOA) recommends that a debt management policy address five (5) issues: 1. Debt Limits 2. Use of Derivatives 3. Debt Structuring Practices 4. Debt Issuance Practices 5. Debt Management Practices Debt Limits - The current debt management policy does not establish limits on the amount of total General Obligation (GO) debt, other than the legal debt limit, or any financing limits based upon the ability of the community to pay. Section 67.03(1) of the 2 Wisconsin Statutes provides that the amount of indebtedness of a municipality shall not exceed five (5) percent of the equalized assessed valuation of the taxable property in the municipality. This is referred to as the “Legal Debt Limit”. The following table summarizes total debt subject to the legal limit over the last five (5) years: 5-Year Debt History 20062007200820092010 Equalized Assessed Value$ 3,927,834,200$ 4,160,780,300$ 4,370,063,000$ 4,251,636,500$ 3,991,153,400 Legal Debt Limit 196,391,710 208,039,015 218,503,150 212,581,825 199,577,670 Debt Applicale to Limit 78,630,253 80,214,198 82,529,034 87,480,869 76,914,462 Legal Debt Margin$ 117,761,457 $ 127,824,817 $ 135,974,116 $ 125,100,956 $ 122,663,208 Total debt applicable to limit 40.04%38.56%37.77%41.15%38.54% as a percentage of debt limit Over the last five (5) years, debt in Janesville as a percentage of the legal limit has been fairly stable fluctuating between 38% and 41%. There does not appear to be a trend of increasing debt as a percentage of the legal limit, and in fact the current percentage is lower than in 2006. The following tables compare Janesville to our peer cities: GO Debt as a Pecent of Legal Limit and GO Debt per Capita - 12/31/2009 EqualizedLegalActual% of%GO Debt/ ValueDebt LimitGO DebtLimitEqual ValCapita Oshkosh$ 3,801,817,900$ 190,090,895$ 143,157,24975%3.77%$ 2,166 Manitowoc 2,057,147,400 102,857,370 76,641,84075%3.73% 2,272 La Crosse 3,162,233,300 158,111,665 103,925,000 66%3.29% 2,025 Beloit 1,744,186,100 87,209,305 53,788,77962%3.08% 1,456 Racine 4,133,491,100 206,674,555 104,930,000 51%2.54% 1,331 Fond du Lac 2,736,857,700 136,842,885 67,802,47750%2.48% 1,576 Green Bay 6,234,597,300 311,729,865 144,083,225 46%2.31% 1,385 Kenosha 6,799,688,900 339,984,445 152,367,692 45%2.24% 1,536 Eau Claire 4,315,946,500 215,797,325 88,094,68841%2.04% 1,337 Sheboygan 2,865,434,000 143,271,700 56,376,12639%1.97% 1,144 Wausau 2,726,775,100 136,338,755 52,334,07538%1.92% 1,338 Waukesha 5,904,933,100 295,246,655 100,739,201 34%1.71% 1,425 Appleton 4,789,062,900 239,453,145 47,460,34420%0.99% 654 Brookfield 6,566,898,300 328,344,915 52,399,32716%0.80% 1,382 Average$ 4,131,362,114$ 206,568,106$ 88,864,287 43%2.35%$ 1,502 Janesville 4,251,636,500 212,581,825 87,480,86941%2.06% 1,376 Janesville (2010) 3,991,153,400 199,557,670 76,914,46239%1.93% 1,210 3 The amount of debt subject to the legal debt limit actually issued by each peer community is contained in the “Actual GO Debt” column. The range of debt as a percentage of the legal debt limit in our peer communities ranges from 16% to 75%. As of December 31, 2009, Janesville was tied for the sixth lowest amount of GO debt as a percentage of the legal debt limit among our peer communities. Additional statistics show that the 2010 debt burden per capita at $1,210 and 1.93% of equalized value are low to moderate and compare favorably with our peer cities. Standard and Poor’s indicates that a GO debt as a percentage of equalized assessed value below 3% indicates low fiscal stress. Standard and Poor’s benchmark equates to 60% of the legal debt limit for Wisconsin municipalities. The legal debt limit is only one measure and does not really consider the ability of a community to make the annual debt service payments. Two measures of this are debt service as a percentage of General Fund expenditures and debt service per capita. The following table compares Janesville against our peer communities on these measures: General Fund Debt Service vs. Expenditures - 2010 General FundGeneral FundDebt as % ofDebt Service/ Debt ServiceExpendituresExpendituresCapita Oshkosh17,083,23941,711,00041%259 Green Bay19,451,36078,462,07025%187 Waukesha9,731,81657,542,22017%138 Manitowoc4,974,89229,535,67717%147 Brookfield5,200,00036,383,75314%137 La Crosse9,719,00072,447,55513%189 Beloit4,298,47733,833,72013%116 Sheboygan4,227,01135,096,94112%86 Racine8,755,75981,993,75011%111 Kenosha7,499,56770,987,33311%76 Wausau 4,156,86638,121,67211%106 Fond du Lac3,308,10529,120,39311%77 Eau Claire4,971,60054,340,4009%75 Appleton$3,852,111$66,048,8266%$53 Average$7,659,272$51,830,37915%126 Janesville$5,368,643$41,467,99913%$84 Janesville - 20114,997,52141,583,74412%79 Janesville compares favorably to our peer communities when looking at debt service as a percentage of General Fund budget expenditures at 12 percent. This is below the average for our peer communities and tied for the sixth lowest. Standard and Poor’s indicates that 10 to 15 percent represents a moderate level of spending flexibility. 4 Furthermore, Janesville’s tax-supported debt service per capita is $79 and the fifth lowest of our peer communities. Based upon our debt history and a comparison to our peer communities, our debt management policy has been revised to establish maximum debt at 50 percent of the legal debt limit and General Fund debt service at 15 percent of General Fund expenditure budget. Staff believes these limits will allow flexibility in the management of our debt and keep debt service affordable for the community. These limits may be exceeded by a super-majority vote of the City Council. Use of Derivatives – We have not used nor do we intend to use derivatives as a financing mechanism. Debt Structuring Practices – In general, our debt is structured with a 10-year period of amortization. However, we match the amortization term with the expected life of the asset. In addition, in the past special assessment debt has been structured with a 6 year amortization period because the source used to repay this debt has been developers and residents using the five (5) year payment plan. Debt repayment has historically been structured with equal principal payments with declining interest payments. However, staff would like the flexibility to structure debt based upon the ability of the community to pay and the goals of the City Council. Therefore, at times it may be appropriate to consider other repayment terms. Debt Issuance Practices – Janesville has historically worked with a financial advisor and used competitive sales. All bids are reviewed and approved by the City Council. In consultation with our financial consultant we may also recommend refunding of prior issues to either reduce interest costs or restructure the debt. Such refunding also must be approved by the City Council. Debt Management Practices – Due to both the City Council request to review the City’s Debt Management Practices and the new Governmental Finance Officers Association (GFOA) best practices regarding debt issuance and management, this is an appropriate time for the City Council to review and update the current policy to match current practices. Street Maintenance (Resurfacing/Reconstruction) Borrowing Beginning in 2007, the City began funding street resurfacing/reconstruction through note issues. The table below breaks down a 5-year funding history for street resurfacing and reconstruction: 5 Street Resurfacing/Reconstruction Funding Breakdown - 2006-2011 200620072008200920102011 General Fund $ 1,289,000$ 1,548,000$ 1,556,099$ 1,109,573$ 829,654 $ 362,200 Street Note Issue - 500,000 500,000 650,000 520,000 975,000 LRIP/ARRA Funding - - 150,000 1,439,300 842,000 152,323 Total Funding 1,289,000 2,048,000 2,206,099 3,198,873 2,191,654 1,489,523 % Note Issue (Debt) Funded0%24%23%20%24%65% Since 2006, the percent of street resurfacing/reconstruction funded by the General Fund has decreased by 72 percent and the burden of costs has shifted to street note issues. From 2007 to 2010, note issue funding accounted for approximately 20 percent of the total funding for street resurfacing/reconstruction. In 2011, note issue funding increased to 65% percent of the total costs. A survey of Janesville’s peer cities indicates that 11 of 13 communities borrow to fund street resurfacing/reconstruction. Additionally, the average amount borrowed for street resurfacing/reconstruction is approximately $2.1 million. 2010 Borrowing for Street Maint. Appleton$ - Beloit 306,500 Eau Claire 6,405,000 Fond du Lac 2,355,500 Green Bay N/A Kenosha - La Crosse 1,162,330 Manitowac 4,636,465 Oshkosh 1,293,300 Racine 3,772,250 Sheboygan 1,201,700 Waukesha 1,829,000 Wausau 2,428,250 Average 2,115,858 Janesville (2011) 975,000 In summary, borrowing for street resurfacing/ reconstruction began in 2007 as a way to manage levy limits and keep the operating tax levy at a minimal increase for city residents. Street resurfacing has a life of 15 years, so it meets our definition of a capital outlay. If the City Council determines that it wants to move street resurfacing and reconstruction projects back to being funded by the general fund operating budget, the funding will come from other general fund programs due to the constraints on the City’s revenues. 6 Fund Balance Policy The level of fund balance is intended to serve as a measure of the financial resources available to mitigate risk. It is prudent to maintain unrestricted General Fund balance for several reasons, including:  To quickly respond to unexpected situations requiring significant financial resources; such as natural disasters and unanticipated service cost level increases resulting from inclement winter weather  To respond to financial emergencies, such as revenue shortfalls and cyclical downturns  To avoid large variations in taxes and fees or variations in the type and quality of municipal services provided due to financial emergencies  Avoid the need for short-term borrowing to cover delays in revenue receipt  Preserve the credit worthiness (credit rating) of the City of Janesville for borrowing monies at favorable interest rates The following table summarizes the general fund balances over the last five (5) years: General Fund 5-Year Fund Balance History 20062007200820092010 Revenue$ 37,586,029$ 39,296,706$ 39,922,962$ 40,642,421$ 41,172,344 Expenditures 37,208,723 39,473,648 40,963,454 41,186,393 40,906,075 Net change in fund balance 377,306 (176,942) (1,040,492) (543,972) 266,269 Fund balance - beg of year 8,614,371 8,991,677 8,814,735 7,774,243 7,230,271 Fund balance - end of year$ 8,991,677$ 8,814,735$ 7,774,243$ 7,230,271$ 7,496,540 The proposed Fund Balance policy adopts the new financial statement reporting requirements issued by the Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This statement changes the terminology used for fund balance reporting. It is intended to clearly defined categories to make the nature and extent of the constraints placed on a government’s fund balance more transparent. This Statement is effective with the December 31, 2011 financial statement. With GASB Statement No.54, the fund balance will be reported in five new categories: nonspendable, restricted, committed, assigned, or unassigned.  Nonspendable fund balance - Amounts cannot be spent because they are not in spendable form such as inventories and prepaid items and long-term inter-fund advances (TIF cash deficits).  Restricted fund balance - Include those resources that are externally restricted by creditors, grantors, and contributors. 7  Committed fund balance - Amounts limited by self-imposed formal action (ordinance or resolution) on how funds will be spent.  Assigned fund balance - Reflects a government’s intended use or earmarking of resources (formerly the designated fund balance).  Unassigned fund balance - Net resources that have not been restricted, committed, or assigned to specific purposes within the City’s general fund and is available to be used for any purpose. Unrestricted fund balance includes committed, assigned and unassigned fund balances. The unrestricted fund balances are the amounts that the City can control internally. The following table summarizes the General Fund balance restated with the new fund balance terminology for the past five years and shows some ratios commonly used to measure fund balance: General Fund 5-Year Fund Balance Analysis 20062007200820092010 Nonspendable Fund Balance$996,342$952,401$906,483$690,567$513,769 Assigned Fund Balance$2,529,837$2,578,820$1,231,000$850,000$890,000 Unassigned Fund Balance 5,465,498 5,283,514 5,678,760 5,689,704 6,092,771 Unrestricted Fund Balance$7,995,335$7,862,334$6,909,760$6,539,704$6,982,771 Total General Fund Balance$8,991,677$8,814,735$7,816,243$7,230,271$7,496,540 General Fund Budget Operating Expenditures$32,813,342$34,901,460$36,241,110$35,893,524$35,541,627 Debt Service 4,395,381 4,572,188 4,722,344 5,292,869 5,364,448 Total Expenditures$37,208,723$39,473,648$40,974,227$41,642,684$41,467,999 Unassigned Fund Bal/ Total Exp.14.7%13.4%13.9%13.7%14.7% Unrestricted Fund Bal/ Operating Exp.24.4%22.5%19.1%18.2%19.6% Two Months Operating Expenditures$5,468,890$5,816,910$6,040,185$5,982,254$5,923,605 Unrestricted fund balance is the remaining current assets the City of Janesville has available to run day to day operations, or has in case of an emergency revenue shortfall or program expense overrun. The appropriate fund balance level is dependent upon a variety of factors including potential fluctuations in revenue sources, anticipated levels of services, trends in debt service, and the comfort level of management and the City Council. 8 A key factor to consider in the development of a fund balance policy is the diversification and stability of revenue sources. The following table summarizes the General Fund revenue sources for the past five years: General Fund Revenue Sources 5-Year Summary ActualActualActualActualBudget 20072008200920102011 State Shared Revenues $5,327,617$5,328,355$5,340,661$5,020,877$5,016,320 Expenditure Restraint 821,496 844,382 806,939 733,720 746,680 Shared Revenue Total 6,149,11316% 6,172,73715% 6,147,60015% 5,754,59714% 5,763,00014% Other State Aid 2,669,3337% 2,718,2857% 2,988,2317% 2,992,2597% 2,990,0007% Property Taxes22,461,407 56%23,597,800 59%24,438,013 60%24,841,061 60%25,437,644 62% Other taxes 1,592,5614% 1,682,3754% 1,620,2914% 1,763,7074% 1,757,5004% Interest Income 1,466,5474% 978,4392% 617,5682% 374,6121% 425,0001% Fines, Rents, Sale of Prop. 645,2472% 607,9802% 554,6061% 559,1082% 648,0002% Licenses & Permits 1,514,0444% 1,087,4223% 1,085,0923% 1,260,4903% 1,032,0003% Dept Charges & Other 2,227,4126% 2,606,9567% 2,484,1636% 2,438,0906% 2,295,1006% Transfers 571,0421% 470,9681% 706,8572% 1,188,4203% 350,0001% 39,296,706 100%39,922,962 100%40,642,421 100%41,172,344 100%40,698,244 100% This table shows that property taxes are the City’s largest revenue. The second largest revenue source is the state shared revenue and other state aids received from the State of Wisconsin. This percentage had dropped slightly from 2007, but was still at 21% of the General Fund revenue in 2011. Property taxes typically provide a stable source of revenue and are not as subject to volatile swings during poor economic times as other sources of revenue, such as sales tax. Although with the current State budget, there is limited ability to grow revenues in the future coming from the property tax levy. State Aids are anticipated to decrease by approximately $1.5 million in 2012 with the proposed state budget. Since property taxes and state aid combined amount to 84% of the 2011 budget, the levy limits and proposed state aid reduction will significantly restrict the City’s ability to finance the services the City provides. These revenue constraints reaffirm the need for a fund balance policy so the City can maintain its strong financial reserves. A sufficient level of fund balance is necessary to preserve the long-term stability of the City. It will enable the City to respond to unexpected situations requiring significant financial resources, such as natural disasters, and allow enough operating cash during the year to pay for operational costs without reliance on short-term borrowing. Currently, as stated in the annual budget document, the City of Janesville fund balance policy is to maintain an undesignated (unassigned) balance of 10% of the adopted General Fund expenditure budget. 9 The Government Finance Officers Association (GFOA) recommends that the City establish a formal policy on the level of unrestricted fund balance that should be maintained in the General Fund. GFOA recommends, at a minimum, that the General Fund unrestricted fund balance be no less than two months of General Fund operating expenditures. As shown in the fund balance analysis table above, Janesville has meet that criteria for all years listed. Another common measure used by credit ratings agencies is the unrestricted fund balance as a percentage of general fund operating expenditures. The current ratio of 19.6% was considered very strong as stated in Standard and Poor’s October 2010 rating summary. The recommendation for the appropriate fund balance level is included in the proposed City Council Policy Statement - Policy No.88 on Fund Balance. The unrestricted General Fund balance should be between 15 and 25 percent of the budgeted general fund operating expenditures for the subsequent year. The target goal is that the unrestricted fund balance be two months of the general fund operating expenditures. Flow of funds assumption Some projects are funded by a variety of resources including both restricted and unrestricted funds. GASB Statement No.54 requires that Council set a spending prioritization policy. The fund balance policy recommends that we spend the most restricted funds first. Determination of funds reporting status GASB Statement No.54 has also provides new definitions for governmental fund types. The governmental fund types and their definitions are listed below:  General Fund - to account for all financial resources not accounted for in another fund.  Special Revenue Fund – to account for specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects.  Debt Service Fund – to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest.  Capital Projects Fund - to account for financial resources are restricted, committed, or assigned to expenditures for capital outlays. For the most part, the GASB definitions just provided clarification to the current definition; however the special revenue funds types require additional review. Our auditors, Baker Tilly Virchow Krause, LLC have requested that we review all funds to make certain of the fund type determination under the new GASB standard. To meet the definition of a special revenue fund must have a specific revenue source and expenditures must be for a specific project. To be in compliance with GASB Statement No.54 requirements, at year-end 2010 the uncompleted projects fund and several activities in the “special accounts” fund were closed. Funds in the amount of $290,454 from these accounts were recorded as 10 revenue (Transfer In) in the general fund. These transfers were a major contributor to the fund balance increase reported in 2010. Another part of this review requires that each special revenue fund have its resources restricted by external grants, state statues, or committed by enabling legislation of the City Council (via resolution or ordinance). There has been a review of the City of Janesville’s 28 special revenue funds and 34 activities within the Special Accounts fund to make certain the accounts meet the new special revenue definitions. Since many of these special revenue funds/activities were set-up years ago, evidence of enabling legislation is not readily available. To satisfy the requirements of GASB Statement No. 54, a City Council resolution needs to be adopted to formally commit the following special revenue funds for specific purposes. These items listed that will come forward to the City Council in the form of a resolution:  20% of the Cable TV franchise fees shall be committed for the cost related to operation of JATV-12  Resources of the Golf Courses Special Revenue Fund shall be committed for the costs associated with the Golf Courses  37.5% of the Room Tax collected shall be committed for the support of the Janesville Visitor and Convention Bureau  Resources collected in the Parkland Acquisition Special Account fund shall be committed to the cost associated with acquiring and improving parkland  Resources collected in the Crime Prevention Special Account Fund shall be committed to the for cost associated with crime prevention activities  Resources collected in the Federal Forfeiture Sharing Special Account Fund shall be committed to the cost associated with for drug enforcement activities and / or police equipment  Resources collected for Police Department Drug Unit shall be committed to the cost associated with for drug enforcement activities  Resources collected from the Janesville School District for Police Liaison Service in the Special Account Fund shall be committed to the costs associated with school resource officers  Resources collected from the Townships surrounding Janesville in the Rural Fire Protection Special Account Fund shall be committed to the costs associated with Fire Protection Services  Resources collected in the Landfill Long-term Care of Site 3023 Special Account shall be committed to the cost associated with long-term care of landfill site 3023 cc: Eric Levitt, City Manager Max Gagin, Administrative Intern 11 BEST PRACTICE Debt Management Policy (1995 and 2003) (DEBT) Background . Debt management policies are written guidelines and restrictions that affect the amount and type of debt issued by a state or local government, the issuance process, and the management of a debt portfolio. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a government is well managed and should meet its obligations in a timely manner. Debt levels and their related annual costs are important long-term obligations that must be managed within available resources. An effective debt management policy provides guidelines for a government to manage its debt program in line with those resources. Recommendation . The Government Finance Officers Association (GFOA) recommends that all state and local governments adopt comprehensive written debt management policies, and that governments review them at least annually and revise them as necessary. A Debt Management Policy should address: Direct Debt - debt payable from general revenues, including capital leases, Revenue Debt - debt payable from a specific pledged revenue source, Conduit Debt - debt payable by third parties for which the government does not provide credit or security, State Revolving Loan Funds and Pools Other Types of Hybrid Debt – debt payable from special revenues or containing other unique security pledges, and Interfund Borrowing – loans for short-term cash flow needs. 1.Debt Limits. The Policy should define specific limits or acceptable ranges for each type of debt. Limits are generally set for legal, public policy, and financial reasons. a. Legal limits may be determined by: State constitution or law, Local charter, by-laws, resolution or ordinance, or covenant. b. Public Policy limits can include: Purposes for which debt proceeds may be used or prohibited, Types of debt that may be issued or prohibited, Relationship to and integration with the Capital Improvement Program, and Policy goals related to economic development, capital improvement financings, tax increment financing, and public-private partnerships. c. Financial limits generally reflect public policy or other financial resource constraints, such as reduced use of a particular type of debt due to changing financial conditions. Appropriate debt limits can positively impact bond ratings, if the government demonstrates adherence to such policies over time. Financial limits are often expressed as ratios customarily used by credit analysts. Different financial limits are used for different types of debt. Examples include: Direct Debt can be measured or limited by the following ratios: Debt per capita, o Debt to personal income, o Debt to taxable property value, and o Debt service payments as a percentage of general fund revenues or expenditures. o Revenue Debt levels are often limited by debt service coverage ratios (e.g., annual net pledged revenues to annual debt service) or credit rating impacts (e.g., additional bonds should not lower ratings) contained in bond covenants. Conduit Debt limitations may reflect the right of the issuing government to approve the borrower’s creditworthiness, the purpose of the borrowing issue, or a minimum credit rating. Such limitations reflect sound public policy, particularly if there is a contingent impact on the general revenues of the government or marketability of the government’s direct debt. Short-Term Debt Issuance should describe the specific purposes and circumstances under which it can be used, as well as limitations in term or size of borrowing. 2.Use of Derivatives. The Policy should: Specify how derivatives fit within the overall debt management program. State the conditions under which derivatives can be utilized. Identify the types of derivatives that may be employed or are prohibited. Identify approach(es) for measuring, evaluating, and managing derivative risk, including basis risk, tax risk, counter-party risk, termination risk, liquidity renewal risk, remarketing risk, and credit risk. State the methods for procuring and selecting derivative products. 3.Debt Structuring Practices. The Policy should include specific policies regarding the debt structuring practices for each type of bond, including: Maximum term (often stated in absolute terms or based on the useful life of the asset(s)), Average maturity, Debt service pattern such as equal payments or equal principal amortization, Use of optional redemption features that reflect market conditions and/or needs of the government, Use of variable or fixed-rate debt, credit enhancements, derivatives, and short-term debt, and limitations as to when each can be used, and Other structuring practices should be considered such as capitalized interest, deferral of principal and/or other internal credit support, including general obligation pledges. 4.Debt Issuance Practices. The Policy should provide guidance regarding the issuance process, which may differ for each type of debt. These practices include: Criteria for determining the sale method (competitive, negotiated, placement) and investment of proceeds, Criteria for issuance of advance refunding and current refunding bonds, Selection and use of professional service providers, Use of comparative bond pricing services or market indices as a benchmark in negotiated transactions, as well as to evaluate final bond pricing results, and Use of credit ratings, minimum bond ratings, determination of the number of ratings, and selection of rating services. 5.Debt Management Practices. The Policy should provide guidance for ongoing administrative activities including: Investment of bond proceeds, Primary and secondary market disclosure practices, including annual certifications as required, Arbitrage rebate monitoring and filing, Federal and state law compliance practices, and Market and investor relations efforts. References A Guide for Preparing a Debt Policy, Patricia Tigue, GFOA, 1998. Benchmarking and Measuring Debt Capacity, Rowan Miranda and Ron Picur, GFOA, 2000. Approved by the GFOA’s Executive Board, February 28, 2003. BEST PRACTICE Appropriate Level of Unrestricted Fund Balance in the General Fund (2002 and 2009) (BUDGET and CAAFR) Background. Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government’s budgetary 1 basis. In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish up to five separate categories of fund balance, based on the extent to which the government is bound to honor constraints on the specific purposes for which amounts can be spent: nonspendable fund balance,restricted fund balance,committed fund balance,assigned fund balance, and unassigned fund 2 balance. The total of the last three categories, which include only resources without a constraint on spending or for which the constraint on spending is imposed by the government itself, is termed unrestricted fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government’s general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unrestricted fund balance (i.e., the total of the amounts reported as committed, assigned, and unassigned fund balance) in the general fund. Credit rating agencies monitor levels of fund balance and unrestricted fund balance in a government’s general fund to evaluate a government’s continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unrestricted fund balance for state and local governments. Those interested primarily in a government’s creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens’ groups, which may view high levels of fund balance as "excessive." Recommendation. The Government Finance Officers Association (GFOA) recommends that governments 3 establish a formal policy on the level of unrestricted fund balance that should be maintained in the general fund. Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and 1 For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetary fund balance to distinguish these two different uses of the same term. 2 These categories are set forth in Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, which must be implemented for financial statements for periods ended June 30, 2011 and later. 3 Sometimes restricted fund balance includes resources available to finance items that typically would require the use of unrestricted fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unrestricted fund balance for purposes of analysis. specific plans for increasing or decreasing the level of unrestricted fund balance, if it is inconsistent with that 4 policy. The adequacy of unrestricted fund balance in the general fund should be assessed based upon a government’s own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted fund balance in their general fund of no less than two months of regular 5 general fund operating revenues or regular general fund operating expenditures. The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government’s particular 6 circumstances. Furthermore, a government’s particular situation often may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level. In any case, such measures should be applied within the context of long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unrestricted fund balance in the general fund at any one time. In establishing a policy governing the level of unrestricted fund balance in the general fund, a government should consider a variety of factors, including: The predictability of its revenues and the volatility of its expenditures (i.e., higher levels of unrestricted fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile); Its perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts); The potential drain upon general fund resources from other funds as well as the availability of resources in other funds (i.e., deficits in other funds may require that a higher level of unrestricted fund balance be maintained in the general fund, just as, the availability of resources in other funds may reduce the amount 7 of unrestricted fund balance needed in the general fund); Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained); and Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose). Furthermore, governments may deem it appropriate to exclude from consideration resources that have been committed or assigned to some other purpose and focus on unassigned fund balance rather than on unrestricted fund balance. Naturally, any policy addressing desirable levels of unrestricted fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the GFOA’s Executive Board, October, 2009. 4 See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 5 In practice, a level of unrestricted fund balance significantly lower than the recommended minimum may be appropriate for states and America’s largest governments (e.g., cities, counties, and school districts) because they often are in a better position to predict contingencies (for the same reason that an insurance company can more readily predict the number of accidents for a pool of 500,000 drivers than for a pool of fifty), and because their revenues and expenditures often are more diversified and thus potentially less subject to volatility. 6 In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. 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ÅÅÅÊÛÈÓÎÕÉØÓÊ×ÙÈÙÍÏÛÎØÅÅÅÕÐÍÚÛÐÙÊרÓÈÌÍÊÈÛÐÙÍÏÉÇÚÉÙÊÓÌÈÓÍÎÛÎØÏÛÃÚרÓÉÈÊÓÚÇÈרÈÔÊÍÇÕÔÍÈÔ×ÊÏ×ÛÎÉÓÎÙÐÇØÓÎÕÆÓÛéìÌÇÚÐÓÙÛÈÓÍÎÉÛÎØÈÔÓÊØÌÛÊÈà ÊרÓÉÈÊÓÚÇÈÍÊÉûØØÓÈÓÍÎÛÐÓÎÖÍÊÏÛÈÓÍÎÛÚÍÇÈÍÇÊÊÛÈÓÎÕÉÖ××ÉÓÉÛÆÛÓÐÛÚÐ×ÛÈÅÅÅÉÈÛÎØÛÊØÛÎØÌÍÍÊÉÙÍÏ ÇÉÊÛÈÓÎÕÉÖ××É ÅÅÅÉÈÛÎØÛÊØÛÎØÌÍÍÊÉÙÍÏ ÊÛÈÓÎÕÉØÓÊ×ÙÈ     À  CITY OF JANESVILLE Policy No. 75 Page 1 of 3 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date Supersedes No. PURPOSE To record and clarify the City Council's policy regarding the management and issuance of debt. STATEMENT OF POLICY In accordance with State Statutes, Chapter 67, the City is granted the authority to issue debt. The following practices and procedures shall be followed by the City: 1. Capital Improvement Program The Administration will present an updated Capital Improvement Program to the City Council bi-annually. The Capital Improvement Program will indicate the source of funding for all proposed capital projects and/or assets. The first year of the Capital Improvement Program will be included in the Annual City Budget. Those projects and/or assets which require financing through the issuance of debt will be reconsidered when the City Council undertakes the Debt Issuance process. 2. Review of Financing Alternatives The City will seek to maintain a sufficient General Fund cash balance in order to prevent the need for external cash flow borrowing. The issuance of debt for funding annual general operating expenditures will be prohibited. The City will seek all possible Federal and State reimbursement for mandated projects and/or programs. The City will encourage pay-as-you-go financing of capital improvements where feasible. However, it will strive to maintain a balanced relationship between issuing debt and pay- as-you-go financing. CITY OF JANESVILLE Policy No. 75 Page 2 of 3 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date Supersedes No. 3. Analysis of Debt Capacity The City recognizes the importance of issuing debt prudently and should first determine its long-term financial capability to repay. The City will review the following factors:  Legal Debt Limit Margin.  Annual Operating Revenue and Expenditure trends.  Unreserved Fund Balance levels.  Projections of relevant economic variables such as the City's employment base and unemployment rates. The City recognizes there are several key debt ratios used by investors and financial rating analysts when reviewing the City's credit worthiness. Therefore, the City will address the following ratios:  Debt Per Capita.  Debt as a Percentage of Equalized Property Value.  Annual Debt Service as a percentage of annual General Fund operating expenditure appropriations. 4. Selection of Debt Instruments The City will issue General Obligation Debt for those capital improvement projects benefiting the City as a whole. Such debt would be secured by the full faith, credit, and taxing powers of the City. The City will consider the issuance of Revenue Debt for capital improvement projects providing benefits to specific users. Such debt would be secured by revenues of the financed project. However, if the projected revenues will not be sufficient to meet the corresponding annual debt service payments or the credit rating of the proposed Revenue Debt instrument would result in an adverse interest rate, the City would consider issuing General Obligation Debt for such projects. The scheduled maturities of long-term obligations should not exceed the expected useful life of the capital project or asset(s) financed. CITY OF JANESVILLE Policy No. 75 Page 3 of 3 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date Supersedes No. 5. Issuance Procedures The City will use competitive sales as the primary means of selling long term bonds and notes. Negotiated sales will be permitted only if there is evidence of volatile market conditions, complex security features, or other unique factors. Bonds - The issuance of bonds requires the City Council to follow various procedures identified in State Statutes 67.05. These include separate Council actions to authorize and establish the bond details and is comprised of, but not limited to, setting the final amount of bonds to be issued. Promissory Notes - Although State Statutes 67.12 permit the City Council to combine the authorization and details of a note issue into one Council action, the Council will adopt the aforementioned issuance procedure required for bonds. 6. Selection of Service Providers The City shall retain an independent financial advisor for debt structuring, the rating review process, marketing debt issuances, sale and post-sale services, and to assist in issuing the City's official statement. The City shall retain bond counsel for legal and procedural advice on all debt issuances, which include determining the legal authority to issue the proposed debt and that it qualifies for tax exempt status. 7. Communications The City will maintain effective communications with the debt rating agencies concerning the City's financial condition. The City's Comprehensive Annual Financial Report shall be distributed to the rating agencies after its acceptance by the City Council. The City will comply with the Security and Exchange Commission’s reporting requirements concerning "Continuing Disclosure Undertakings". CITY OF JANESVILLE Policy No. 75 Page 1 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date DRAFT Supersedes #75 of 5-13-97 PURPOSE To record and clarify the City Council's policy regarding the management and issuance of debt. STATEMENT OF POLICY In accordance with State Statutes, Chapter 67, the City is granted the authority to issue debt. The following practices and procedures shall be followed by the City: 1. Conditions for Debt Issuance The City shall limit the issuance of debt to capital outlays (and costs associated with the capital outlay), including the acquisition or construction of capital facilities, infrastructure, and other capital assets. 2. Capital Improvement Program The Administration prepares an updated Capital Improvement Program on a bi-annual basis. The Capital Improvement Program will indicate the source of funding for all proposed capital projects and/or assets. The first year of the Capital Improvement Program will be included in the Annual City Budget. Those projects and/or assets which require financing through the issuance of debt will be reconsidered when the City Council undertakes the Debt Issuance process. 3. General Obligation Debt The City will issue General Obligation Debt for those capital improvement projects benefiting the City as a whole. Such debt would be secured by the full faith, credit, and taxing powers of the City. Every capital improvement project proposed for financing through general obligation debt should be accompanied by a full analysis of the future operating and maintenance costs associated with the project, including the impact of the proposed project on the annual operating budget. Whenever possible, the City will finance capital improvement CITY OF JANESVILLE Policy No. 75 Page 2 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date DRAFT Supersedes #75 of 5-13-97 projects by using self-supporting Revenue or Special Assessment Bonds. Such Bonds assure the greatest degree of equity because those who benefit from a project closely match those who pay for a project. 3.1 Debt Limit Section 67.03(1) of the Wisconsin Statutes provides that the amount of indebtedness of a municipality shall not exceed five (5) percent of the equalized assessed valuation of the taxable property in the municipality. The City shall limit outstanding General Obligation Debt to less than or equal to 50 percent of the legal amount of indebtedness. The City Council, by super majority vote, may increase the stated debt limit. The City recognizes the importance of issuing debt prudently and should first determine its long-term financial capability to repay. 4. Revenue Debt To promote taxpayer equity, the City will consider the issuance of Revenue Debt for capital improvement projects providing benefits to specific users. Such debt would be secured by revenues of the financed project. However, if the projected revenues will not be sufficient to meet the corresponding annual debt service payments or the credit rating of the proposed Revenue Debt instrument would result in an adverse interest rate, the City would consider issuing General Obligation Debt for such projects. 5. Debt Service Limitations Annual General Fund Debt Service payments for General Obligation Debt, exclusive of that funded by enterprise operations or debt approved exceeding the debt limit described above, shall not exceed 15 percent of annual General Fund expenditures. 6. Review of Financing Alternatives The City will seek all possible Federal and State CITY OF JANESVILLE Policy No. 75 Page 3 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date DRAFT Supersedes #75 of 5-13-97 reimbursements for mandated projects and/or programs. The City will encourage pay-as-you-go financing of capital improvement projects where feasible. However, it will strive to maintain a balanced relationship between issuing debt and pay-as-you-go financing to ensure property tax stabilization. The City will seek to maintain a sufficient General Fund cash balance in order to prevent the need for external cash flow borrowing. 7. Characteristics of Debt Issuance The issuance of debt for funding annual general operating expenditures will be prohibited. The average maturities of long-term obligations shall notonly exceed 10 years if the expected useful life of the capital project or asset financed justifies it. The scheduled maturities of long-term obligations should not exceed the expected useful life of the capital project or asset(s) financed. 8. Debt Issuance Process The City will use competitive sales as the primary means of selling long-term bonds and notes. Negotiated sales will be permitted only if there is evidence of volatile market conditions, complex security features, or other unique factors. Bonds - The issuance of bonds requires the City Council to follow various procedures identified in State Statutes 67.05. These include separate Council actions to authorize and establish the bond details and are comprised of, but not limited to, setting the final amount of bonds to be issued. Promissory Notes - Although State Statutes 67.12 permits the City Council to combine the authorization and details of a note issue into one Council action, the Council will adopt the aforementioned issuance procedure required for bonds. CITY OF JANESVILLE Policy No. 75 Page 4 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/13/97 Special Subject: Debt Management Cancellation Date DRAFT Supersedes #75 of 5-13-97 9. Professional Services The City shall retain an independent financial advisor for debt structuring, the rating review process, marketing debt issuances, sale and post-sale services, and to assist in issuing the City's official statement. The City shall retain bond counsel for legal and procedural advice on all debt issuances, which include determining the legal authority to issue the proposed debt and that it qualifies for tax exempt status. 10. Rating Agency Relations The City will maintain effective communications with financial and debt rating agencies concerning the City's financial condition. The City's Comprehensive Annual Financial Report shall be distributed to the rating agencies. Additionally, the City recognizes there are several key debt ratios used by investors and financial rating analysts when reviewing the City's credit worthiness. Therefore, the City will address the following ratios:  Debt Per Capita.  Debt as a Percentage of Equalized Property Value.  Annual Debt Service as a percentage of annual General Fund operating expenditure appropriations. The City will comply with the Security and Exchange Commission’s reporting requirements concerning "Continuing Disclosure Undertakings". 11. Bond Rating Goals The City will seek to maintain and improve its bond rating to minimize borrowing costs and to ensure access to credit markets. CITY OF JANESVILLE Policy No. 88_ Page 1 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date ______ Special Subject: Fund Balance Cancellation Date DRAFT Supersedes No. PURPOSE The objectives of this fund balance policy are as follows:  Preserve the credit worthiness (credit rating) of the City for borrowing monies at favorable interest rates.  Provide working capital for the City to meet cash flow needs during the year.  Provide a comfortable margin of safety to address unanticipated expenditures / emergencies and unexpected declines in revenue due to economic downturns, natural disasters, etc.  Provide a resource to stabilize fluctuations from year to year in the property taxes paid by the City taxpayers. STATEMENT OF POLICY This statement identifies the amount the City of Janesville will strive to maintain in its unrestricted General Fund balance, how the fund balance will be funded, and the conditions under which fund balance may be spent. 1. Fund Balance Reporting Categories This policy follows the Fund Balance reporting categories stated in Government Accounting Standards Board (GASB) Fund Balance Reporting and Governmental Fund Statement No. 54, Type Definitions . This statement impacts governmental fund types. The fund balance will be reported in these five categories: Nonspendable Fund Balance, Restricted Fund Balance, Committed Fund Balance, Assigned Fund Balance and Unassigned Fund Balance. 2. Flow of Funds It is the policy of the City of Janesville that in cases where multiple types of funds are available to pay for expenditures in the various funds, restricted resources will be used first, followed by committed, assigned, and finally unassigned. Unrestricted fund balance includes committed, assigned and unassigned fund balances. 3. Procedures In order to achieve the objectives of this policy, the following guidelines shall be adhered to by the Common CITY OF JANESVILLE Policy No. 88_ Page 2 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date ______ Special Subject: Fund Balance Cancellation Date DRAFT Supersedes No. Council: 3.1 The unrestricted General Fund balance should be between 15 and 25 percent of the budgeted general fund operating expenditures for the subsequent year. The target goal is that the unrestricted fund balance be two months of the general fund operating expenditures. 3.2 The City will maintain appropriate commitments or assignments of General Fund, special revenue funds, debt service funds and capital projects funds for specified purposes, including but not limited to contingencies, compensated absences or similar items. Commitments and/or assignments of fund balance shall be made pursuant to appropriate legislation adopted by the City Council. 3.3 As part of the annual budget process, the Comptroller will estimate the surplus or deficit for the current year and prepare a projection of the year-end unrestricted General Fund balance. Such projection will include an analysis of trends in fund balance levels on an historical and future projection basis. Any anticipated balance in excess of the minimum unrestricted General Fund balance may be assigned to other purposes, or budgeted to reduce the ensuing year’s property tax levy. 3.4 Funds in excess of the targeted unrestrictedtargeted unrestricted General Fund balance may be considered to supplement “pay as you go” capital outlay expenditures (including reduction of anticipated debt issues). Unrestricted fund balance above the targeted unrestricted General Fund balance may be used to support recurring operating expenditures in times of fiscal stress, but this practice is discouraged. 3.5 Withdrawal of any amount of unrestricted General Fund balance in excess of the targeted minimum of the amount budgeted under (3.1) above, for the sole purpose of reducing the ensuing year’s property tax levy, may be made only upon a supermajority vote of the City Council. CITY OF JANESVILLE Policy No. 88_ Page 3 of 4 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date ______ Special Subject: Fund Balance Cancellation Date DRAFT Supersedes No. 3.6 The Common Council, by vote, can declare a fiscal emergency and withdraw any amount of General Fund balance for purposes of addressing the fiscal emergency. Any such action must also provide for necessary appropriations to restore the unrestricted General Fund balance to the minimum balance within a three-year period. 3.7 This policy will be reviewed by the City Manager’s Office every three years following adoption or sooner at the direction of the Common Council. 3.8 It is the policy of this government that assignments of fund balances and resources within a fund may be determined by the Comptroller.