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R-13-12-05-H7 - 12/5/2013RESOLUTION NO. R -13-12-05-H7 WHEREAS, the City of Round Rock Finance Department has established a policy concerning the issuance and management of debt; and WHEREAS, the City Council has reviewed the attached governing Policy for long term debt for the City of Round Rock and wishes to approve same, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock Governing Policy -- Long -Term Debt, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 5th day of December, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1304;00287383 EXHIBIT „A„ ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK GOVERNING POLICY --LONG-TERM DEBT The City of Round Rock establishes the following policy concerning the issuance and management of debt. This debt policy, as presented to City Council and the citizens, was established by the City of Round Rock Finance Department to improve the quality of decisions in relation to the City's financing activities, provide a comprehensive view of the City's Long-term debt picture and make it easier for decision -makers to understand issues concerning debt issuance and management. Conditions of Debt Issuance Debt should be issued for the purpose of meeting the needs of the community through funding of capital projects and equipment but without constituting an unreasonable burden to taxpayers. Long-term debt is only issued to finance the acquisition and/or construction of capital improvements. Additionally, only capital needs identified in the capital improvement program will be considered. Refunding bonds will only be issued if the present value of debt service savings exceeds three percent of the par value of the refunded bonds. Types of Debt General Obligation Bonds - General Obligation Bonds may only be issued with a majority approval of a popular vote. The use of the proceeds from GO Bonds is limited to the acquisition or improvement of real property and other uses allowed by law and applicable bond ordinances. Libraries, parks and public safety facilities are all types of facilities that could be financed with GO Bonds. To the extent that property tax revenues are used to fund debt service, an increase to the property tax will be proposed. Enterprise Revenue Bonds - Enterprise Revenue Bonds finance facilities for a revenue producing enterprise, and are payable from revenue sources within that enterprise. Municipal Water and Sewer and Solid Waste are examples of revenue producing enterprises within the City. ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Refunding Obligations - Pursuant to the Government Code and various other financing statutes applicable in particular situations, the City Council is authorized to provide for the issuance of bonds for the purpose of refunding any long-term obligation of the City. Absent any significant non -economic factors, a refunding should produce minimum net debt service savings (net of reserve fund earnings and other offsets) of at least 3% of the par value of the refunded bonds on a net present value basis, using the refunding issue's True Interest Cost (TIC) as the discount rate, unless the Finance Department determines that a lower savings percentage is acceptable for issues or maturities with short maturity dates. Tax Anticipation Notes -Proceeds from Tax Anticipation Notes are used to fund projects whose source of payment is future tax revenues. These instruments have a term of one to three years and are for a specific purpose such as temporary financing for capital improvements, cash flow needs and major equipment leasing. Leases - Leases may be used to finance major capital purchases, other than infrastructure, including fleet, major system upgrades and large equipment purchases. Assessment Bonds - Proceeds from Assessment Bonds may be used to finance local public improvements, provided that said improvements benefit the parcels of land to be assessed. Local streets, street lights, landscaping, sidewalks and sanitary sewers are some examples of local improvements commonly financed by assessment bonds. Internal borrowing between City funds - The City can authorize use of existing long-term reserves as "loans" between funds. The borrowing fund will repay the loan at a rate consistent with current market conditions. The loan will be repaid within ten (10) years. The loan will be considered an investment of working capital reserves by the lending fund. Other Obligations - There may be special circumstances when other forms of debt are appropriate and may be evaluated on a case-by-case basis. Such other forms include, but are not limited to limited tax notes, non -enterprise revenue bonds, bond anticipation notes, grant anticipation notes and judgment or settlement obligation bonds. Restrictions on Debt Issuance • The City of Round Rock will not use long-term debt to finance current operations or normal maintenance. • Derivative products will not be used by the City. • Swaps will not be entered into without establishment of a Swap Policy. • Variable rate debt will not be entered into without establishment of a Variable Rate Debt Policy. 2Ic ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Limitations on Outstanding Debt There is no direct debt limitation in the City Charter or under State law. The City operates under a Home Rule Charter (Article XI, Section 5, Texas Constitution) approved by voters in August 1977 that limits maximum tax rate, for all City purposes to $2.50 per $100 assessed valuation. Administratively, the Attorney General of the State of Texas will permit allocation of $1.50 of the $2.50 maximum tax rate for general obligation debt service. Characteristics of Debt Issuance When the City finances capital projects by issuing bonds, it will pay back the bonds within standard terms that include the following: • Term may be up to 30 years depending on cash flow assumptions, or useful life of asset being financed. • Call provisions will be shortest possible optional call consistent with optimal pricing. • The City will seek level or declining debt repayment schedules and will avoid issuing debt that provides for balloon principal payments reserved at the end of the term of the issue. • The City will avoid variable-rate debt due to the potential volatility of such instruments. Therefore, the City will avoid the use of variable-rate debt for its general obligation bond issues. • The Debt service program will be managed in conformity with applicable bond covenants. Commercial insurance or other credit enhancements to the bond rating shall be considered when cost- effective. Debt Issuance Process The City shall utilize the services of an independent, Municipal Securities Rulemaking Board -registered financial advisor on all debt financing. Although not required, the City may utilize an RFP -selected pool of underwriters to mitigate time constraints and reduce overhead costs to the City in procuring such services. Bond counsel will be used for each transaction. The Finance Department shall review each debt issuance transaction on a case-by-case basis to determine the most appropriate method of sale. • Competitive Sale In a competitive sale, bids for the purchase of the bonds are opened at a specified place and time and are awarded to the underwriter (or syndicate) whose conforming bid represents the lowest true interest cost to the City (TIC). This method is most 31 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. advantageous when the debt to be issued is less complex, the municipal bond market for high-grade credits is stable, and the sale of the City's bonds is assured. ■ Bond sales shall be cancelable at any time prior to the time bids are to be received. • Upon award to the bidder whose conforming bid represents the lowest true interest cost, the City may restructure the bonds in accordance with the Official Notice of Sale. The City shall reserve the unfettered right to reject all bids or waive bid irregularities. • Negotiated Sale In a negotiated sale, the City chooses the initial buyer of the bonds in advance of the sale date. The initial buyer is usually an investment banking firm, or a syndicate of investment banking firms interested in reoffering the bonds to investors through an underwriting process. This type of sale allows the. City to discuss different financing techniques with the underwriter in advance of the sale date. This method is most advantageous when the debt issue is complex, debt structuring flexibility is required (as would be the case in a bond refunding) or the municipal bond market is unstable or uncertain. • Direct Purchase In a direct purchase, the City may select a private purchaser willing to bid a below market rate or other preferential financing terms. Such transactions often allow debt to be issued more efficiently by eliminating the need for bond ratings and other associated issuance costs. Such financing will be analyzed on a case-by-case basis, depending primarily on rates prevailing in the market from time to time. BOND REIMBURSEMENT RESOLUTIONS The City may utilize bond reimbursements as a tool to manage its debt issues, due to arbitrage requirements and project timing. In so doing, the City uses its capital reserve "cash" to delay bond issues until such time when issuance is favorable and beneficial to the City. The City Council may authorize a bond reimbursement resolution for General Capital projects that have a direct impact on the City's ad valorem tax rate when the bonds will be issued within the term of the existing City Council. In the event of unexpected circumstances that delay the timing of projects, or market conditions that prohibit financially sound debt issuance, the approved project can be postponed and considered by a future council until circumstantial issues can be resolved. The City Council may also authorize revenue bond reimbursements for approved utility and other self- supporting capital projects within legislative limits. The total outstanding bond reimbursements may not exceed the total amount of the City's reserve funds. 41 i'; ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY INVESTMENT OF BOND PROCEEDS The City maintains in its Investment Policy document approved by the City Council, the strategy and policies for investing bond proceeds. The City's Investment Policy complies, and will at all times comply, with the provisions of the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended. Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short-term securities so that they are liquid. Interest & Sinking funds may be invested longer as they have to be maintained for the life of the issue. ARBITRAGE COMPLIANCE Compliance with arbitrage requirements on invested tax-exempt bond funds will be maintained. Proceeds that are to be used to finance construction expenditures are exempted from the filing requirements, provided that proceeds are spent in accordance with requirements established by the IRS. On fixed -yield issues, the calculation of rebate must be performed no later than each 5 -year anniversary date of the issuance ("Delivery Date") of the bonds and at final maturity. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction and provides this information to a consultant for the arbitrage calculation. "'ROUND ROCK TEXAS MIME PASSION PROSPB. City of Round Rock Agenda Item Summary Agenda Number: H.7 Title: Consider a resolution approving a governing policy for long term debt for the City of Round Rock. Type: Resolution Governing Body: City Council Agenda Date: 12/5/2013 Dept Director: Cheryl Delaney, Finance Director Cost: Indexes: Attachments: Resolution, Exhibit A Department: Finance Department Text of Legislative File 13-956 The City of Round Rock establishes the following policy concerning the issue and management of debt. This debt policy, as presented to City Council and the citizens, was established by the City of Round Rock Finance Department to improve the quality of decisions in relation to the City's financing activities, provide a comprehensive view of the City's long-term debt picture and make it easier for decision -makers to understand issues concerning debt issuance and management. Staff recommends approval. City of Round Rock Page 1 Printed on 1213/2013