Substituted 11/10/15 1 Introduced by Council Members Boyer, Anderson, Love, Crescimbeni, 2 Gulliford 3 Committee: and Schellenberg and Substituted by the 4 5 6 ORDINANCE 2015-450-E 7 AN ORDINANCE REGARDING 8 AMENDING PART 5 (CITY BANKING FUND), CHAPTER 9 110 (CITY TREASURY), ORDINANCE CODE, TO REPEAL AFFORDABILITY; 10 SECTION 11 DESCRIPTIONS) AND MODIFY SECTION 110.509 (USE 12 OF 13 110.514. (ANNUAL DEBT AFFORDABILITY ANALYSIS) 14 TO CLARIFY THE DEBT AFFORDABILITY ANALYSIS AND 15 REQUIRE 16 (DEBT 17 (BUDGET AND ACCOUNTING CODE), ORDINANCE CODE, 18 TO CLARIFY THE DEBT MANAGEMENT PARAMETERS AND 19 CALCULATIONS; 20 APPROVED; 21 PROGRAM), CHAPTER 106 (BUDGET AND ACCOUNTING 22 CODE), 23 106.1006 24 DESCRIPTIONS) AND MODIFY SECTION 106.1007 (USE 25 OF 26 110.513 (LIMITATIONS ON DEBT TYPES), PART 5 27 (CITY 28 TREASURY), 29 LIMITATIONS 30 EFFECTIVE DATE. 31 110.508 DEBT EXCESS (MODIFICATION BUDGETED REPORTS; AMENDING MANAGEMENT AMENDING SECTION PARAMETERS), DEBT AMENDING ORDINANCE EXCESS FUNDS); PART 10 CODE, BUDGET FUNDS); FUND), ORDINANCE ON DEBT OF CHAPTER TO 106 AND POOL SECTION PROJECT AMENDING TYPES; 106.111 LOAN REPEAL CODE, SECTION ADOPTED (CITY TO PROJECT CHAPTER AFFORDABILITY (MODIFICATION BANKING OF SECTION 110 (CITY MODIFY PROVIDING THE AN Finance Substituted 11/10/15 1 BE IT ORDAINED by the Council of the City of Jacksonville: 2 Section 1. Amending Part 5 (City Banking Fund), Chapter 3 110 (City Treasury), Ordinance Code. Part 5 (City Banking Fund), 4 Chapter 110 (City Treasury), Ordinance Code, is hereby amended to 5 read as follows: 6 Chapter 110. City Treasury. 7 * * * 8 Part 5. City Banking Fund. 9 * * * 10 Sec. 110.508. 11 Unless otherwise provided in the legislation authorizing such 12 funding, descriptions of projects approved for funding through the 13 City Banking Fund may be modified or substituted, at the discretion 14 of the Director of Finance, and with prior approval of the City 15 Council Finance Committee, provided that the total funding budgeted 16 for such department in the City Banking Fund is not affected by 17 such 18 provide a report to the Finance Committee of City Council at the 19 time the transfer is requested that relates in detail all project 20 description modifications and substitutions. modification Modification of project descriptions. Reserved. or substitution. The Treasury division shall 21 Sec. 110.509. 22 Any funds which have been authorized to be spent on projects 23 approved for funding through the City Banking Fund and which were 24 in excess of the amount actually required for funding such projects 25 (the "Excess Budgeted Funds") may, at the request of a department 26 head having Excess Budgeted Funds, and with the prior approval of 27 the Director of Finance, and prior approval of the City Council 28 Finance 29 projects, 30 requesting department. Any Excess Budgeted Funds that are not used 31 as described in the previous sentence shall become "Undesignated Committee modified Use of excess funds. be used to projects, cover or overages substituted - 2 - in other projects approved within the Substituted 11/10/15 1 Funds" and may be disbursed in accordance with Section 110.510 2 below. 3 The Director of Finance may use any cash which has been 4 authorized to be spent on projects approved for funding through the 5 City Banking Fund to cover cash needs in other projects within 6 Council 7 Department shall submit a report to the Finance Committee of all 8 cash transfers between projects over the last quarter, and proposed 9 and anticipated cash transfers over the subsequent quarter. appropriated project 10 11 12 budgets. Quarterly, the Finance * * * Sec. 110.514. Annual debt affordability analysis. (a) It is the public policy of this City to encourage fiscal 13 responsibility on matters pertaining to City debt. In an 14 effort to finance essential capital projects for the benefit 15 of residents at favorable interest rates, the City must 16 continue 17 investors. 18 account the ability of the City to meet its total debt 19 service requirements in light of other demands on the City's 20 fiscal resources. The Council declares that it is the policy 21 of 22 authorization and issuance of debt. 23 (b) this to maintain its Authorizations City to excellent of exercise City prudence credit debt in standing must take undertaking with into the The Director of Finance shall conduct a debt affordability 24 analysis each year. Proposed capital projects that require 25 funding by the issuance of additional City debt shall be 26 evaluated on the basis of the analysis to assist the Council 27 in setting priorities among capital projects and related 28 appropriations. The Debt Management Policy shall be reviewed 29 and re-adopted by the Council every five (5) years. 30 31 (1) The Director of Finance shall annually prepare a baseline debt affordability - 3 - report, to be Substituted 11/10/15 1 presented to the Finance Committee and the City 2 Council 3 regarding Audits are referenced on or before May 4 31st of each year concurrent with the submission of 5 the City's Capital Improvement Plan each year, for 6 purposes of providing a framework for the Council 7 to 8 that propose the authorization of additional City 9 debt during the next budget year. 10 (2) The 11 12 standing evaluate baseline and committee establish report to which priorities shall include, matters for but bills not be limited to: (i) A listing of City debt outstanding, other debt 13 secured by City revenues, and other contingent 14 debt current through April 30th of such year. 15 (ii) An estimate of revenues available for the next 16 five 17 including general revenues plus any revenues 18 specifically pledged to pay debt service. 19 (iii) fiscal years to pay debt service, An estimate of additional debt issuance for 20 previously authorized debt to be issued under 21 the 22 existing borrowing programs. 23 (iv) next five fiscal years for the City's A current schedule of the annual debt service 24 requirements by bond 25 Issuance, 26 allocation, on the outstanding City debt and 27 an estimate of 28 requirements on 29 subparagraph (iii) for each of the next five 30 fiscal years. Such schedules shall not include 31 projected savings from anticipated refinancing including - 4 - issue or principal the the annual debt Banking and debt Fund interest service included in Substituted 11/10/15 1 but 2 conditions. 3 rates on variable debt shall be disclosed. 4 (v) An shall be based on Assumptions overview of 6 revenue credit ratings. Identification any, and terms regarding City's obligation, (vi) if the 5 7 current interest issuer, covenant calculation general and of and specific pertinent 8 debt ratios, including, but not limited to, 9 the debt affordability parameters and ratios 10 established by code. debt service to revenues 11 available 12 personal income, and debt per capita for the 13 City's net tax-supported debt. 14 (vii) to pay debt service, debt to A comparison of the debt ratios prepared for 15 subparagraph (vi), with the comparable debt 16 ratios for the national average for cities and 17 counties of size and rating comparable to the 18 City. 19 (3) The Director of Finance shall prepare an update of 20 the report set forth above in conjunction with any 21 proposal 22 updated debt affordability report, to be presented 23 to 24 standing 25 Audits 26 submission of the City's Capital Improvement Plan 27 and Capital Improvement Plan Budget each year, for 28 purposes of providing a framework for the Council 29 to 30 that propose the authorization of additional City 31 debt the to issue Finance evaluate during City Committee committee are new to which referenced and the establish next - 5 - and debt including the City matters concurrent budget year. Council regarding with priorities an for This the bills updated Substituted 11/10/15 1 report shall contain the information provided in 2 baseline report, updated to reflect the impact of 3 the issuance of additional debt on both the debt 4 affordability parameters in the code as well as 5 the 6 years. The amount of additional debt used in the 7 analysis shall 8 proposed Capital 9 Capital Improvement debt service the schedules be the for amount Improvement Plan impact on as the proposed Plan well debt next five in the Budget and as service a schedule 10 depicting and debt 11 affordability of each ten million dollar increase 12 or decrease from that proposed up to 50% greater 13 than the proposed budget. The schedule shall note 14 breakpoints at which debt affordability criteria 15 must be waived to permit such authorization. 16 (4) Any entity issuing debt secured by City revenues 17 shall provide the information necessary to prepare 18 the debt affordability report. 19 (c) Failure to comply with this section shall not affect the 20 validity of any debt or the authorization of such debt. The 21 Debt Management Policy, in accordance with the parameters 22 set forth in 106.111, Ordinance Code, shall be reviewed and 23 re-adopted by the Council every five (5) years. 24 (d) Failure to comply with this section shall not affect the 25 validity of any debt or the authorization of such debt. 26 * * * 27 Section 2. Debt Management Policy Approved. The Debit 28 Management Policy attached hereto as Exhibit 1 is hereby approved 29 and adopted. 30 31 Section 3. Amending Section 106.111 (Debt management parameters), Chapter 106 (Budget and Accounting Code), Ordinance - 6 - Substituted 11/10/15 1 Code. Section 106.111, Chapter 106 (Budget and Accounting Code), 2 Ordinance Code, is hereby amended to read as follows: 3 Chapter 106. Budget and Accounting Code. 4 * * * 5 Sec. 106.111. Debt management parameters. 6 The City is establishing appropriate objective guidelines and 7 parameters for future debt 8 restrictive do not provide enough debt capacity to finance needed 9 infrastructure. Guidelines issuance. that are Guidelines not that restrictive are too enough may 10 result in excessive debt issuance in the near term, which will 11 reduce future budgetary flexibility by creating an excessive debt 12 service 13 deteriorating credit position. Objective guidelines typically take 14 the 15 identified by the City to control its debt position. form demand of on debt the City's ratios. Below resources, are five contributing debt service to a ratios 16 Overall net debt to estimated market value Debt per capita Target Maximum /Minimu m 2.50% 3.50%** $2,600 $3,150* * General Fund/General Services District (GF/GSD) 11.5% 13.0%** Ten-year principal paydown – GF/GSD 50% 30%* Ten-year principal paydown – All 50% 30%* Unreserved, Unassigned 10% 5%* Debt Service to General Fund / General Services District GF/GSD revenues undesignated General GF/GSD Fund Balance to GF/GSD revenues 17 * Measured as a minimum 18 ** Measured as a maximum 19 A supermajority of Council Members present shall be required - 7 - Substituted 11/10/15 1 for a waiver of two or more debt parameters in authorized borrowing 2 not including “Ten-year principal paydown – All.” 3 4 For purposes of this section, the following definitions and exclusions shall apply: 5 6 Overall net debt to estimated market value shall be computed as the 7 aggregate 8 jurisdictions within the boundaries of the local government that is 9 repaid from the same tax base) divided by the market value of that 10 tax base. The estimated market value shall not include the portion 11 of taxable values of properties located in the Beaches and Baldwin 12 service districts upon which the City has the inability to collect 13 property taxes. For purposes of this calculation, the taxable value 14 of Beaches properties shall be reduced by thirty percent (30%) and 15 the 16 118.8%. City taxable and values overlapping of Baldwin debt (debt properties issued shall be by other divided by 17 18 Debt per capita shall include overlapping debt. 19 20 GF/GSD Debt Service to GF/GSD Revenue shall include all GF/GSD debt 21 service, as well as any debt service supported by GF/GSD transfers 22 to Enterprise or other internal funds. This shall include banking 23 fund 24 departmental 25 total GF/GSD Revenues, rather than total operating expenditures. debt repayments accounts. within This individual parameter departments requires a and non- comparison to 26 27 The Ten-Year Principal Paydown is computed as the total principal 28 repayment scheduled for the next ten years divided by the total 29 debt currently outstanding and shall be computed for two separate 30 measures. 31 1. Ten-Year Principal Paydown – GF/GSD shall apply only to GF/GSD - 8 - Substituted 11/10/15 1 2 debt service as described above. 2. Ten-Year Principal Paydown shall apply to all outstanding City 3 debt regardless of the pledged revenue source. 4 5 Unassigned GF/GSD Fund Balance to GF/GSD Revenues shall be computed 6 as the aggregate of unassigned GF/GSD fund balance divided by total 7 GF/GSD operating revenues and shall not include any Fund Balance 8 within any other General Revenue Fund subfund. The fund balance 9 within any other General Fund subfund, including the City Council 10 Emergency Reserve, shall not be included in the unassigned fund 11 balance for purposes of this calculation. A second optional ratio 12 may 13 included by ratings agencies in their evaluation of the City’s 14 credit 15 established unreserved/undesignated target and minimum for guiding 16 the City’s borrowing decisions. 17 be provided status, that but Section 4. includes such such fund calculation Amending Part 10 balances shall (City not Loan if they replace Pool are the Program), 18 Chapter 106 (Budget and Accounting Code), Ordinance Code. Part 10, 19 Chapter 106 (Budget and Accounting Code), Ordinance Code, is hereby 20 amended to read as follows: 21 Chapter 106. Budget and Accounting Code. 22 * * * 23 Part 10. City Loan Pool Program. 24 * * * 25 Sec. 106.1006. Modification of project descriptions. Reserved. 26 Unless otherwise provided in the legislation authorizing such 27 funding, descriptions of projects approved for funding through the 28 City 29 descriptions may be added, at the discretion of the Director of 30 Finance, 31 Committee, Loan Pool may and with provided be modified prior that or approval the substituted, of total - 9 - the City funding or new Council budgeted project Finance for such Substituted 11/10/15 1 department in the City Loan 2 modification, substitution or addition. The Treasury division shall 3 provide a report to the Finance Committee of City Council at the 4 time the transfer is requested that relates in detail all project 5 description 6 requested changes. modifications, Pool is substitutions, not affected and by additions such for the 7 Sec. 106.1007. 8 Any funds which have been authorized to be spent on pflojects 9 approved for funding through the City Loan Pool and which were in 10 excess of the amount actually required for funding such projects 11 (the "Excess Budgeted Funds") may, at the request of a department 12 head having Excess Budgeted Funds, and with the prior approval of 13 the Director of Finance, and prior approval of the City Council 14 Finance 15 projects, 16 requesting department, e to fund new projects within the requesting 17 department. 18 described 19 Funds" and may be disbursed in accordance with Section 106.1008. 20 The Committee be modified in Use of excess funds. Any used projects, Excess the Director to or Funds sentence Finance overages substituted Budgeted previous of cover may use any other projects that shall in are become cash approved within not the used as "Undesignated which has been 21 authorized to be spent on projects approved for funding through the 22 City Loan Pool to cover cash needs in other projects within Council 23 appropriated 24 shall 25 transfers between projects over the last quarter, and proposed and 26 anticipated cash transfers over the subsequent quarter. submit project a 27 28 budgets. report to Quarterly, the Finance the Finance Committee of Department all cash * * * Section 5. Amending Section 110.513 (Limitations on debt 29 types), Part 5 (City Banking Fund), Chapter 110 (City Treasury), 30 Ordinance Code. Section 110.513 (Limitations on debt types), Part 5 31 (City Banking Fund), Chapter 110 (City Treasury), Ordinance Code, - 10 - Substituted 11/10/15 1 is hereby amended to read as follows: 2 Chapter 110. City Treasury. 3 * * * 4 Part 5. City Banking Fund. 5 * * * 6 Sec. 110.513. Limitations on debt types. 7 The outstanding debt of the Banking Fund proceeds shall at all 8 times fit within the following guidelines 9 (a) For the proceeds in excess of $250,000,000: 10 (1) No more than 50 30 percent of the total debt outstanding shall 11 be variable rate instruments. 12 (2) 13 be fixed rate instruments (including medium term notes). 14 (3) 15 be unhedged variable rate instruments. 16 (b) For the proceeds up to and including $250,000,000: 17 (1) No more than 70 percent of the total debt outstanding shall be 18 variable rate instruments. 19 (2) 20 fixed rate instruments (including medium term notes). 21 22 No less than 50 70 percent of the total debt outstanding shall No more than 40 30 percent of the total debt outstanding shall No less than 30 percent of the total debt outstanding shall be No more than 50 percent of the total debt outstanding shall be unhedged variable rate instruments. 23 Section 6. Effective Date. This ordinance shall become 24 effective upon signature by the Mayor or upon becoming effective 25 without the Mayor’s signature. 26 Form Approved: 27 28 /s/ Margaret M. Sidman 29 Office of General Counsel 30 Legislation Prepared By: 31 G:\SHARED\LEGIS.CC\2015\Sub\2015-450-E.doc Margaret M. Sidman - 11 -