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HomeMy WebLinkAboutResolution - 2001-R0196 - Financial Policies Adopted As The Official Financial Policies Of Lubbock - 05/24/2001Resolution No. 2001-RO196 May 24, 2001 Item No. 15 RESOLUTION WHEREAS, the City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and plan for the adequate funding of services desired by the public; and WHEREAS, the purpose of the financial policies is to enable the City to achieve a long-term stable and positive financial condition by exercising integrity, prudence, responsible stewardship, planning accountability, and full and continuous disclosure; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached City of Lubbock, Texas, Financial Policies, which are incorporated in this resolution and included in the minutes of the Council as set forth in their entirety, shall be adopted as the official financial policies for the City of Lubbock. Passed by the City Council this 24th day of May , 2001. 4t. x WINDY SIT N, MAYO ATTEST: Rebecca Garza, City S r y APPROVED AS TO CONTENT: "A Andy B rcham Cash & Debt Manager a 10 Iblin M. Knight Assistant City Attorney JMK:cp Cityatt/JoWFinancialPolicies-2.res May 17, 2001 Resolution No. 2001-RO196 May 24, 2001 Item 15 Finance Division Draft Financial Policies Proposed May 24, 2001 City of Lubbock Financial Policies Page I of 18 TABLE OF CONTENTS INTRODUCTION PURPOSE........................................................................................................................................... 2 REVIEW............................................................................................................................................. 3 I. OPERATIONS.............................................................................................................................................. 3 A. REVENUES........................................................................................................................................3 COLLECTIONS................................................................................................................................3 ENTERPRISE FUND REVENUES..................................................................................................3 PROPERTYTAX..............................................................................................................................3 SALESTAX......................................................................................................................................4 DONATIONS/CONTRIBUTIONS....................................................................................................4 GRANTS................................................................................... .........................................................4 INTEREST EARNINGS....................................................................................................................4 HOTEL/MOTEL TAX.......................................................................................................................5 B. EXPENDITURES...............................................................................................................................5 CURRENTFUNDING BASIS...........................................................................................................5 COSTRECOVERY............................................................................................................................5 PURCHASING................................................................................................................................... 6 C. FINANCIAL CONDITIONS, RESERVES AND STABILITY RATIOS.........................................7 FUND BALANCE/RETAINED EARNINGS....................................................................................7 RISKMANAGEMENT......................................................................................................................9 SELF-INSURANCE FUND............................................................................................................... 9 INVESTMENTS.................................................................................................................................10 RETIREMENT PLANS......................................................................................................................10 INVENTORIES..................................................................................................................................10 D. BUDGET APPROPRIATION/CONTROL........................................................................................11 BUDGETBASIS................................................................................................................................11 BUDGETCONTROL........................................................................................................................11 BUDGET REPORTS/MONITORING...............................................................................................12 E. MANAGEMENT SYSTEMS.............................................................................................................12 II. ACCOUNTING, AUDITING AND FINANCIAL REPORTING.............................................................12 BASISOF ACCOUNTING................................................................................................................12 INTERNALCONTROLS...................................................................................................................12 EXTERNAL AUDITING...................................................................................................................12 INTERNALAUDITING....................................................................................................................12 EXTERNAL FINANCIAL REPORTING..........................................................................................13 III. CAPITAL ASSETS...................................................................................................................................13 CAPITAL IMPROVEMENT PROJECTS..........................................................................................13 CAPITAL REPLACEMENT POLICY .................................................... ...14 ....................................... FINANCING.......................................................................................................................................14 IV. DEBT POLICY..........................................................................................................................................14 DEBTLIMITS....................................................................................................................................15 REVENUEBONDS............................................................................................................................15 STRUCTURE.....................................................................................................................................15 REFUNDINGS....................................................................................................................................16 V. ECONOMIC DEVELOPMENT.................................................................................................................16 PROMOTION OF A POSITIVE BUSINESS ENVIRONMENT......................................................16 EXPANDING THE ECONOMY.......................................................................................................16 ECONOMICINCENTIVES...............................................................................................................16 INTERLOCAL COOPERATION......................................................................................................16 COMMUNITY INVESTMENT FUND.............................................................................................16 FREEPORT TAX EXEMPTION.......................................................................................................17 VI. FINANCIAL POLICIES OF LP&L IN A COMPETITIVE ENVIRONMENT........................................17 APPENDICES...................................................................................................................................................18 t City of Lubbock Financial Policies INTRODUCTION PURPOSE Page 2 of 18 The City of Lubbock has an important responsibility to its citizens to carefully account for public funds, prudently manage municipal finances, and to plan for the adequate funding of services desired by the public. The purpose of the financial policies is to enable the City to achieve a long-term stable and positive financial condition by exercising integrity, prudence, responsible stewardship, planning, accountability, and full and continuous disclosure. In addition to the policies presented in this manual, the City has implemented "Best Management Practices" ensuring that City management achieves desired financial results across the organization. Standard & Poor's "Ten Ways to Improve a G.O. Rating — Best Management Practices Make a Difference", Texas Town & City, March 2001 Found on "Best Management Practices" Financial Policies In compliance? Page 1. Establish or enhance rainy day/budget stabilization Yes 8 reserves 2. Establish regular economic/revenue reviews to Yes 11 identify potential budget problems early. 3. Prioritize spending plans/establish contingency plans for operating and capital budgets as a fallback Yes 5 financial strategy. 4. Have a formalized capital improvement plan or a CIP — yes 13 debt -affordability model to assess future financial Debt affordability — yes 14 liabilities. 5. Develop a pay-as-you-go financing strategy as part Yes 14 of your operating and capital budget. 6. Plan ahead and anticipate the impact of capital and General Fund — yes 7 operating costs on a multi-year financial plan. Enterprise Funds — yes 8 7. Establish benchmarks and priorities for the Yes 11 direction of your government and adhere to them. 8. Establish and maintain effective management Yes 12 systems. 9. Consider the affordability of actions or plans before Operating — yes 5 they become part of your budget. Capital — yes 13 10. Have a well-defined and coordinated economic Yes 15-16 development strategy. Standard & Poor's "Ten Ways to Improve a G.O. Rating — Best Management Practices Make a Difference", Texas Town & City, March 2001 City of Lubhock Financial Policies Review Page 3 of 18 These policies will be reviewed administratively by the Managing Director of Finance and City Manager and will be presented to the City Council for approval of any significant changes, as needed. Status: Submitted for Council approval on May 24, 2001. I. OPERATIONS A. REVENUES The City maintains a balanced and diversified revenue system to protect the City from fluctuations in any one source due to changes in local economic conditions, which may have an adverse impact. In order to maintain a stable level of services, the City shall use a conservative, objective, and analytical approach when preparing revenue estimates. The process includes an analysis of probable economic changes and their impacts on revenues, historical collection rates, and trends in revenue shortfalls. Annually the Budget and Research Department prepares and distributes a Revenue Manual. The Revenue Manual includes all revenue sources along with support for projections. The Manual is a useful tool for monitoring revenue trends. Status: In compliance. COLLECTIONS High collection rates are maintained by active collection efforts. The City monitors and minimizes administrative costs necessary to generate revenues. Delinquent accounts and insufficient checks are turned over to an outside collections agency for collection. As collections are made, the collection agency remits the collections (net of fees). If insufficient checks are not collected, they are returned to the City and turned over to the District Attorney's office for collection. Collection efforts for other overdue payments are pursued to the fullest extent of the law to maintain a goal of no more than 1% of City Primary Government total revenues. Status: In compliance. At 09/30/00, 0.9% of actual 1999-00 revenue was reclassified to an allowance for bad debt. General fund revenues are recorded on cash basis with no bad debts recognized. ENTERPRISE FUND REVENUES Enterprise functions are fully self-supporting from their own source rates, fees, and charges. Cost recovery includes direct operating and maintenance expense, indirect cost recovery, in -lieu of transfers to the General Fund for property tax and franchise fee payments, capital expenditures and debt service payments, where appropriate. Rate models are maintained to identify all sources and uses of funds and provide a 10 - year planning tool for rate setting. Rate increases are proposed for consideration to City Council during the annual budget process. Status: In compliance PROPERTY TAX All taxable property within the City is subject to the assessment, levy, and collection by the City of a continuing, direct annual ad valorem tax. The ad valorem tax is sufficient to provide payment of principal and interest on all ad valorem tax debt and for operations and maintenance costs as allowed by Article XI, Section 5, of the Texas Constitution as applicable to the City. Staff will promote current collections in an amount no less than 97% and delinquent taxes outstanding in an amount no more than 10%. Status: In compliance. Current collections for 1998-99 were 97.3 % of the tax levy, while total collections for 1999-00 were 98.9% of the tax levy. Total delinquent taxes outstanding are $2.733 million, which represents 7.6% of the tax levy. City of Lubbock Financial Policies SALES TAX Page 4 of 18 The City has adopted the Municipal Sales and Use Tax Act, VATCS, Tax Code, Chapter 321, which grants the City the power to impose and levy a 1% Local Sales and Use tax within the City. The proceeds are credited to the General Fund and are not pledged to the payment of obligations. In addition, in January 1995, the voters of the City approved the imposition of an additional sales and use tax of one-eighth cent as authorized by VATCS, Tax Code, Chapter 323, as amended. Collection of the additional tax commenced in October 1995 with the proceeds designated for the use and benefit of the City to replace property tax revenues lost as a result of the adoption of the tax and is not pledged to the payment of obligations. As of the fiscal year beginning 10/01/98, the revenue deposited in the excess sales tax revenue fund could be used for "any municipal purpose consistent with the City's budget". When all of the revenue in the fund is spent, the fund will cease to exist. As of fiscal year beginning October 1, 1998, the City must deposit excess funds into a "City Sales and Use Tax Debt Service Fund". According to §321.507(a) "Revenue deposited in the municipal sales tax debt service fund may be spent only for the reduction of lawful debts of the municipality, except that deposits that exceed the amount of revenue needed to pay the debt service needs of the municipality in the current year may be used for any municipal purpose consistent with the municipal budget. After current debt obligations have been paid, excess funds may be used for any legal budgeted purpose. (TEX. TAX CODE ANN. § 321.507(a) Vernon, 1992). An amount of 2.5% of city sales tax revenues has been targeted for General Facilities and System Improvements and 2.5% of city sales tax revenues has been targeted for Streets Capital Maintenance. These transfers are reviewed and approved during the annual budget process. Beginning in fiscal year 1999-00, there has been a designation of sales tax funds to a contingency for future sales tax collections lost due to Internet sales. Status: In compliance. The balance as of FY 09/30/00 in the Excess Sales Tax Fund is $997,442, of which approximately $666,000 is designated for contingency against lost sales tax due to internet sales. D ONA TIONSICONTRIB UTIONS Contributions from individuals and/or groups will be evaluated to determine whether they best meet the criteria of donated capital or a grant. Grants are managed in accordance with the City of Lubbock's Grant Application and Administration Policy. Additional guidance regarding grants and grant administration may be found in Part III. (F). Donated Capital may be credited to the receiving fund or in an agency fund until the activity for which it is received occurs. Status: In compliance. GRANTS The City applies for grants that are consistent with the objectives and high priority needs identified by the City Council. The potential for incurring ongoing costs, including the assumption of support for grant - funded positions from local revenues, will be considered prior to applying for a grant. The City recovers indirect cost wherever possible. All grant applications are reviewed for their cash match requirements, their potential impact on the operating budget, and the extent to which they meet City policies. Funding sources for local matches will be identified prior to the application process. The City terminates grant - funded programs and associated positions when grant funds expire unless an alternate funding sources is identified. Additional guidance is available in the City of Lubbock Grant Application and Administration Policy. Status: In compliance. INTEREST EARNINGS Interest earnings from the investment of unexpended funds are credited to the Investment Pool Internal Service Fund. The Investment Pool fund receives all interest income for all City funds. Expenses necessary to generate interest income are charged to the Investment Pool fund and then the net interest income is distributed to each fund in the ratio of their total cash balance in the total portfolio. Operating City of Lubbock Financial Policies Page 5 of 18 Fund interest may be used for any City of Lubbock budget purpose, upon approval by the City Council during the budget process. Bond interest must be used for debt service or for bond -funded project cost overruns, or any new project that shares the same purpose of the original bond issuance. This determination of whether a new project may qualify for funding within a bond ordinance governing purpose is made with input by the Budget Manager, Finance Director, Responsible Department Head, Cash and Debt Manager, Financial Advisor and Bond Counsel. Status: In compliance. HOTEL/MOTEL TAX Hotel/Motel tax is 13% of the cost of a room night for hotels and motels in the City. There is an amount of 6% that is remitted to the State and 7% that is remitted to the City. Hotel/Motel taxes are allocated in accordance with Ordinance #10021. A detailed allocation is provided in the Revenue Manual. Changes to this allocation must be approved by City Council through the adoption of a new ordinance. Status: In compliance. In 1999-2000, hotel motel taxes allocated according to City Council ordinance were approximately $2.568 million dollars. B. EXPENDITURES CURRENT FUNDING BASIS The City operates on a current funding basis. Expenditures are budgeted and controlled so as not to exceed an amount equal to current revenues plus the planned use of fund balance accumulated through prior year savings. (The use of fund balance is guided by the Fund Balance/Retained Earnings Policy in Part II). Prior to proposal of any initiatives or plans that use resources, City Staff develops a financial impact analysis from which to evaluate affordability. This process is completed prior to the proposal of the initiative in the annual budget process. City staff and City management review expenditures on a monthly basis to ensure that expenditures track budget projections. If at any time an operating deficit exists or is projected, corrective action will be recommended. Corrective action may include, but is not limited to, a hiring freeze, expenditure reductions, fee increases, or use of fund balance. Expenditure deferrals to the following fiscal year, short-term loans or use of one-time revenue sources will be avoided as attempts to balance the budget. Status: In compliance. COST RECOVERY Government Budgets are under constant pressure to stay within limits. This forces local government to seek ways to lower costs associated with delivering services. The City of Lubbock is very proactive in its drive to identify methods for reducing and/or recovering costs. The City staff performs internal reviews of operations to define those services or products in which an element of cost recovery can be implemented, and at what level: full cost recovery, partial cost recovery or no cost recovery. The City has defined four major elements of cost recovery for the organization. They are listed as follows: REDUCE COSTS Downsizing (staff reduction) Operating Efficiencies Outsourcing In -Kind Services INCREASE RETURNS User Fees Fee Increases City of Lubbock Financial Policies Page 6 of 18 Increase Markets New Products Advertising ALTERNATIVE SERVICE PROVIDERS Privatization Nonprofit Spin-offs Volunteers ALTERNATIVE FUNDING SOURCES Foundations Grants Dedicated tax (hotel/motel tax) Corporate Underwriting Sponsorships Annually, as part of the budget/planning process, each department reports their achievements in the area of cost recovery to management and to the City Council. Status: In compliance. Savings arising from cost recovery program initiatives for the fiscal year ending 09/30/99 were approximately $44.76 million. PURCHASING Routine Purchases Departments can purchase items for which there is an approved budget (when the item is not part of a contractual agreement such as print shop items, warehouse items, garage parts, office supplies, copiers, computers, etc.) For a complete listing of all purchasing policies, please refer to the Purchasing Policies and Procedures Manual. Status: In compliance. Petty Cash While the Purchasing Card program provides a mechanism to make purchases that used to be accommodated only by petty cash, there are still instances where petty cash is needed. Petty cash purchases are subject to the same rules and documentation requirements as other City purchases. Additional information regarding petty cash purchases may be found in the Petty Cash administrative policy. Status: In compliance. Purchasing Card Program The Purchasing Card Program allows City employees to make small dollar expenditures (under $500) required for normal operations. The intent of this program is to enhance the capabilities of field personnel to perform operational tasks without an administrative delay of obtaining a purchase order. Cards are issued in the name of the City and the individual Cardholder. The Cardholder is the only person entitled to use the card issued in their name and is responsible for all charges made against the card. Statements are forwarded to the Cardholders to reconcile their receipts to the statement for return to the Program Administrator. Spending limits that have been provided to each Cardholder sets the maximum dollar amount for each single purchase (Single Transaction Limit), daily number of transactions, and the total dollar amount for all purchases made with a Purchasing Card within a given billing cycle (30 -Day Limit). Each time a Cardholder makes a purchase with his/her Purchasing Card, the bank will electronically check transaction limits and the authorization request will be declined should the amount exceed these limits. A purchase should not be made with a Purchasing Card unless it is the most productive purchasing method. Purchasing Cards should not be used to replace planning. The City promotes progressive productive work methods and supports "plan ahead" to achieve the best possible results. Additional information on the Purchasing Card policies and procedures may be found in the Purchasing Card administrative policy document. Status: In compliance. City of Lubbock Financial Policies Page 7 of 18 Under $500 purchase orders Departments have the authority to issue purchase orders for amounts up to $500. Purchasing policy 3511- 600 lists details of those policies. Due to the capability and efficiency of using a City of Lubbock Purchasing Card, The Purchasing Card should supercede using an under $500 purchase order, wherever possible. Status: In compliance. Requisitions The department may enter requisitions for any amount. For purchases less than $5,000, the department head must electronically approve requisitions. For purchases greater than $5,000, the Director must electronically approve requisitions. Status: In compliance. Emergency Purchases Emergency Purchasing procedures are outlined in the Purchasing Policies and Procedures Manual, Section 3511-480. An emergency is defined as a disruption, which may vitally affect the public health, welfare or safety (i.e. flood, bombing, tornado, etc.). Department heads or their designees can purchase goods or services and then follow up later with a requisition describing the emergency along with an invoice indicating the receipt of goods and services. When an emergency has been declared by the Emergency Operations Center Supervisor, that qualifies for reimbursement under the Federal Emergency Management Agency (FEMA), the Accounting, Budget & Research and Purchasing Departments will be notified. The Budget and Research Department will determine which accounts require an emergency subsidiary account and report that list to Accounting. Accounting will assign the emergency subsidiary account to the account as determined by Budget & Research and notify Budget and Research and Purchasing. For purchases of goods, the Purchasing department will ensure that all requisitions and purchase orders include the emergency subsidiary account when the requisition or purchase order is to purchase any items directly related to the emergency. The Emergency Operations Center will communicate to the Purchasing, Accounting and Budget and Research Department when the Emergency period has passed. Status: In compliance. C. FINANCIAL CONDITIONS, RESERVES AND STABILITY RATIOS FUND BALANCE/RETAINED EARNINGS When fund resources exceed uses, the result is fund balance accumulations for governmental funds and retained earnings for proprietary funds. Reserves are maintained in fund balances/retained earnings, at levels sufficient to protect the City's creditworthiness and to provide contingency funds in the event of emergency and/or unforeseen cash outlays. Additionally, reserves are created when the City Council takes action to set funds aside for a specific purpose or according to legal restrictions on the use of assets. Designations of fund balance/retained earnings are made when the appropriate level of management requests an amount, purpose, and timeframe for the designation. Designations are not authoritative and may be reallocated at any time. Reserves require City Council or other appropriate authoritative action to reallocate. Status: In compliance General Fund The City maintains an unreserved/undesignated fund balance at a minimum of an amount equal to two month's budgeted operating expenditures to meet unanticipated contingencies and fluctuations in revenue. In conjunction with the annual audit, if the unreserved/undesignated fund balance exceeds two month's budgeted operating expenditures; the excess is reallocated by designating for future capital use. Or it may be transferred to the Capital Projects Reserve Fund, and designated for infrastructure or any other purpose to be reallocated in future budget cycles. (Capital Expenditures are covered under the Capital Expenditures and Improvements Financial Policy.) Staff develops a General Fund rate model, which is a rolling ten-year average multi-year financing plan that is used to forecast year — end balances. By compiling all projected resources, General Fund disbursements, general capital needs and operating transfers, staff develops a rate model. If the rate model indicates an impending deficit, contingency plans are developed to relieve those deficits such that current levels of excellent customer service may be delivered without interruption to City of Lubbock Financial Policies Page 8 of 18 Lubbock citizens. Status: In Compliance. At 09/30/00, unreserved/undesignated fund balance was $13.76 million, which is 2 months General Fund operating expense per 2000-01 operating budget. Debt Service Funds The City maintains sufficient reserves in interest and sinking funds to meet bond covenant requirements. For revenue bonds the City maintains either the highest annual debt service payment or the amount of one year's average annual debt service or the amount required by the bond covenant, if different. When bonds are issued, the cost of maintaining a cash reserve will be compared with the cost to purchase a surety bond to meet coverage requirements, to identify the most beneficial alternative. Despite the mechanism ultimately selected, coverage will be maintained in accordance with bond covenants. In the General Obligation Debt Service Fund, reserves in the amount of up to 2 months of debt service requirements may be maintained without being subject to arbitrage. Status: In compliance Coital Project Funds Unreserved/undesignated capital project fund balances or retained earnings are resources available for funding capital projects when all approved life -to -date budgets are committed. Management may make a designation of fund balance to target a particular purpose. Reserves are created pursuant to City Council approval. Interest earned in Capital Project Funds is retained in the Capital Project funds. Bond interest may be allocated to bond -funded project overruns or projects that fulfill the same purpose for which the bonds were issued. Interest, other than interest earned from bond funds, may be allocated as needed to relieve over -expenditures or to fund new capital projects, as approved by City Council. Status: In compliance. Enterprise Funds The City's Enterprise Funds include Electric Fund, Water Fund, Sewer Fund, Solid Waste Fund, Airport Fund, Golf Fund, and Stormwater Fund. Working capital reserves of net working capital and uncommitted rate stabilization funds are targeted to accumulate in Enterprise funds (with the exception of Golf Enterprise Fund) in an amount equal to three month's operating expense and debt requirements. Rate models are maintained in Water Fund, Sewer Fund, Solid Waste Fund and Stormwater Fund to identify all sources and uses of funds and provide a 10 -year rate model which is used as a planning tool for rate setting. The rate model is a model where all projected revenues, operating and capital disbursements, debt service requirements, and transfers in/out are compiled to determine the rate necessary to yield the targeted ending balance. When the model predicts the need for a rate increase, further intensive review is performed to determine if capital project construction timelines can be adjusted in order to smooth the rate. The rolling ten-year rate models are updated and analyzed as part of the budget preparation process. In the rate model for each Enterprise Fund there is provision for an incremental portion of the total target working capital reserve on an annual basis with the goal of reaching the target by fiscal year ending 2005-2006. The purpose of accumulating a working capital reserve is to plan for unforeseen contingencies. Resources are also maintained in the Rate Stabilization Fund to meet shortfalls in revenues or fluctuating revenue environments. These funds may be allocated if there are not sufficient resources in unreserved/undesignated retained earnings. Status: In compliance. Rate Stabilization Funds The targeted minimum balance in rate stabilization funds is 4% of Enterprise Fund operating expenses, for Enterprises that maintain rate stabilization funds. If a working capital reserve exceeds the target, the excess is transferred to either the rate stabilization or the capital project funds, to be reallocated as deemed necessary during the budget process. In the event of weather -induced excesses, the funds may be used for either necessary capital projects (to reduce incurring debt for capital improvements) or placed in the rate stabilization fund to mitigate weather -induced revenue shortfalls. Reserve and rate stabilization balances are analyzed annually to identify funding progress. Where reserves or rate stabilization balances exceed projections, the excess is analyzed to determine if it needs to be reallocated or funding plans are developed City of Lubbock Financial Policies Page 9 of 18 within the 10 -year rate model for reserve or rate stabilization balances that do not meet projections. Status: in compliance. Internal Service Fund Internal Service Funds include Fleet Maintenance Fund, Central Warehouse Fund, Print Shop and Office Store Fund, Radio Shop Fund, Management Information Fund, Custodial Services Fund, Building Services Fund, Switchboard Operations Fund, Communications Fund, Environmental Compliance Fund, Self- Insurance elfInsurance -- Risk Management Fund, Self Insurance -- Health Fund, Investment Pool Fund, and Legislation Fund. When an internal service fund (except for the Investment Pool fund or either Self -Insurance Fund) accumulates unreserved/undesignated-retained earnings, the earnings may be used to offset any deficits in any other internal service funds. Rates are evaluated annually to ensure that expenses charged to the operating departments cover the cost of performing the internal service. When rates produce excess of revenues over costs to perform the Internal Service and are not used to offset deficits in any other internal service funds, the excess may be distributed to user departments proportionately. The Investment Pool fund receives all interest income for all City funds. Expenses necessary to generate interest income are charged to the Investment Pool fund and then the net interest income is allocated in one of two ways. Interest generated from bond proceeds is distributed to capital project funds where bond funded construction is recorded. Then net investment income generated from operating funds is allocated to each operating fund in the ratio of their equity in the total portfolio. When a Self -Insurance fund accumulates unreserved/undesignated-retained earnings, the funds are retained as a reserve to offset future claims. Status: In compliance RISK MANAGEMENT The City of Lubbock developed the Self-Insurance/Risk Fund for the purpose of self-insuring liability and workers' compensation. Funding is in the form of departmental contributions based on risk exposure and prior experience. (1) Worker's Compensation - As of April 1999, the City converted workers' compensation from self- insurance to participation in the TML Risk Pool under a guaranteed cost program. (2) Liability - In September 1999, the City purchased an excess liability policy with a $250,000 per occurrence self-insured retention. The City has consistently maintained policies of insurance for Airport Liability, Fire and Extended Coverage (Property), Boiler and Machinery and various equipment, crime and fine arts floaters. Reserves are reviewed annually by Risk Management staff and external auditors to assess financial stability. An actuarial study of the Self -Insurance Fund is obtained approximately every three years. Additionally, all Risk exposures not insured or uninsurable (i.e. pollution, water contamination, environmental) are potential liabilities expenditures against the retained earnings of the fund. City staff actively participates in programs to reduce expenses by actively managing claims and encouraging and supporting strong safety and loss prevention programs. Status: In compliance SELF-INSURANCE HEALTH FUND The City of Lubbock maintains a minimum premium contract for the medical and dental insurance. The City funds the medical and dental claims liability, but purchases stop loss coverage in the event that costs exceed a certain threshold. The stop loss coverage is on an individual basis and aggregate level. The minimum premium contract requires the City to maintain a terminal liability limit of $1,658,221. The liability limit is used to pay claims that have been incurred but not paid at the time the contract is cancelled. The current retained earnings in the self-insurance fund as of September 30, 2000 are $3,200,300. Health care costs are increasing. Most businesses are experiencing 25% to 30% increases in rates. The retained earnings are used to offset premium increases for both the City and City employees. As an example, should the City experience a 25% increase in claims liability, we would need an additional $2,000,000 in funding. Status: The 2001 individual cap is $150,000 per insured and $8,844,056 for the group. Should the City's claims exceed the $8,844,056, BlueCross BlueShield of Texas pays the City of Lubbock Financial Policies Page 10 of 18 overage. If claims are under the aggregate cap, the funds are retained by the City and used to offset future rate increases. INVESTMENTS The City's principal investment objectives are listed in order of priority: (1) Safety -- Preservation of capital and the protection of investment principal. (2) Liquidity -- Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows. (3) Yield -- Attainment of a market rate of return equal to or higher than the benchmark performance measure established during the annual budget process. (4) Compliance -- with all Federal, State, and other legal requirements (includes but is not limited to Chapter 2256 "Public Funds Investment Act" as amended and Chapter 2257 "Public Funds Collateral Act" as amended, of Vernon's Texas Civil Statutes). The City has a formal written investment policy document which is certified as having met all of the standards set forth by the Municipal Treasurer's Association of the United States and Canada. The City of Lubbock's formal investment policy is reviewed annually and approved by the City Council. The Investment Review Committee monitors investment policies and results. Results are reported to management and to the City Council quarterly, in either an oral or written presentation. For additional detail, please refer to the City of Lubbock Investment Policy and Strategy. Status: In compliance with the Investment policy adopted by the City Council via Resolution #2000-R0418 dated November 27, 2000. RETIREMENT PLANS Each qualified employee is included in one of two retirement plans in which the City of Lubbock participates. These are the Texas Municipal Retirement System (TMRS) and the Lubbock Firemen's Relief and Retirement Fund (LFRRF). The City does not maintain accounting records, hold the investments or administer either fund. Funds are appropriated annually to meet the actuarially determined funding levels of the plan. TMRS is a statewide agent multiple -employee retirement system that provides pension benefits through a nontraditional joint contributory, defined contribution plan. LFRRF is a single - employer, defined benefits pension plan maintained by members of the City of Lubbock's Fire Department under provisions of applicable law of the State of Texas. The City also provides opportunities for investment by its employees of several tax-exempt long-term savings plans. INVENTORIES Inventories in Enterprise and Internal Service Funds consist of expendable supplies held for consumption. Inventories are valued at cost using the average cost method of valuation and when inventory is issued, it is accounted for using the consumption method. The targeted inventory turnover ratio is set at two times. Therefore, if an inventory item is not sold and replaced twice during a year, it is evaluated to determine if there is sufficient need to keep the item in stock. In addition, for large volumes of parts and supply needs, such as for the electric and water infrastructure, the City annually advertises a request for proposal for a primary vendor alliance. A primary vendor alliance is chosen in a competitive process and may be one or more vendors. The City contracts with the alliance to deliver only the inventory items needed, to the electric and water operations, "just -in -time" for use. This process reduces storage and leftover inventory items. The targeted turnover ration and the primary vendor alliances also minimize inventory loss due to obsolescence. Status: In compliance. At 09/30/00, inventory turns were 2.75X. City of Lubbock Financial Policies D. BUDGET APPROPRIATION/CONTROL Page 11 of 18 Budget controls are designed to ensure compliance with legal provisions embodied in the annual appropriated budget approved by the City Council. Activities of the general fund are included in the annual appropriated budget. Project -length financial plans are adopted for the capital project funds. The level of budgetary control (that is the level at which expenditures cannot legally exceed the appropriated amount) is established by fund. The City Charter gives the City Manager the authority to reallocate expenditures within funds as long as total budget does not increase. A budget supplement, approved by City Council, is required if actual expenditures will exceed total budget. Fund appropriations of the City Council are allocated to programs, offices, departments, divisions, projects and character and object of expenditures by the City Manager or as delegated to the Budget and Research Manager to provide managerial control and reporting of budgetary operations. Status: In compliance. BASIS OF BUDGETING Annual budgets are adopted on a basis consistent with generally accepted accounting principles for all governmental funds except for special revenue funds and capital project funds, which adopt project -length budgets. All annual appropriations lapse at fiscal year end. Each City department develops and maintains a strategic plan to implement City Council goals and objectives. Performance benchmarks and activity measures are developed as part of the budget process that measure and track actual performance to budget benchmarks. When performance measures are developed, resources necessary to achieve the performance are estimated and submitted to City Management staff for review and modification. Departments make quarterly reports to Management to report progress towards established benchmarks. Annually, the City Manager submits to City Council a proposed operating budget for the upcoming fiscal year. Public hearings are conducted to obtain taxpayer comments, and the budget is legally enacted through passage of an ordinance by the City Council. Budgetary control is maintained by department and by the following category of expenditures: personal services, supplies, maintenance, other charges and capital outlay. All budget supplements must be approved by the City Council. Administrative transfers and increases or decreases in accounts within categories may be made by fund level. Any necessary transfer of funds between accounts, departments or programs can be made by the City Manager' for City purposes as a result of unusual or unforeseen conditions during the administration of the 1999-00 fiscal year. The City of Lubbock uses a combination of Planned Program Budgeting, Zero Based Budgeting, and traditional line item budgeting to determine its operating budget. The City of Lubbock approach annually reexamines existing program activities and analyzes the effect of reducing or reallocating current levels of resources. Re-evaluation of programs allows us to respond to our changing economic and political environment, the needs of the community, the citizens and our employees. Status: In compliance. BUDGET CONTROL Control of expenditures is accomplished administratively through City Council reviews. Over - expenditures or changes must be appropriately authorized via a Budget Change Request (BCR) for transfers or supplements. Supplements to budget require City Council approval. Cost center supervisors prepare semi-annual revised expenditure estimates that are reviewed by Budget and Research, Directors, and the City Management prior to submission to the City Council for approval. Departmental budgets are reviewed monthly by the Budget and Research department and reviewed with management monthly. The Budget and Research staff prepares status reports to advise the City Manager and City Council. Status: In compliance. City of Lubbock Financial Policies BUDGET REPORTS/MONITORING Page 12 of 18 Departments review cost center budget reports from the financial system that provide detail by line item of the status of expenditures as compared to budget. A summary report on contracts awarded, capital projects completed, and the status of the City's various capital projects is prepared as a quarterly report and presented to the City Manager and the City Council. Status: In compliance. Various tools are used to assist management in examining critical issues and economic conditions which could include, but are not limited to; rate models, rolling 5 -year forecasts, revenue projections, cash flow analyses, and other tools that may be useful in planning for the future. E. MANAGEMENT SYSTEMS City Management is committed to providing effective information technology tools to support the financial operations of the City of Lubbock. Financial hardware and software is maintained as needed by the Information Technology Department. II. ACCOUNTING, AUDITING AND FINANCIAL REPORTING BASIS OFACCOUNTING The financial statements of the City of Lubbock, Lubbock County, Texas (City) conform to generally accepted accounting principals (GAAP) of the Governmental Accounting Standards Board (GASB) and recommended practices adopted by Government Finance Officer's Association (GFOA). Status: In compliance. Lubbock's financial statements have been awarded the Certificate of Achievement for Excellence in Financial Reporting for each of the fiscal years ended September 30, 1984 through September 30, 1999. INTERNAL CONTROL The City is responsible for establishing and maintaining an internal control structure designed to provide reasonable, but not absolute, assurance that the assets of the City are protected from loss, theft, or misuse. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits require estimates and judgments by management. Status: In compliance. EXTERNAL AUDITING The City is audited annually by outside independent auditors. The auditors must be a CPA firm that has the breadth and depth of staff to conduct the City's audit in accordance with generally accepted auditing standards and contractual requirements. The auditors report on the City's financial statements must be completed in sufficient time such that the Comprehensive Annual Financial Report (CAFR) may be presented to the City Council at the second Council meeting in January following the fiscal year end. The auditors are accountable to the City Council and will have access to direct communication with the City Council if staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. The City will evaluate audit services at the conclusion of the auditor's contract term. Status: In compliance. INTERNAL A UDITING The Internal Auditor annually prepares an audit plan to audit such programs, accounts, areas, and/or processes as have been defined as priority areas by management. Reports are distributed to responsible department heads, directors, Assistant City Managers and City Manager. Responses are required within a reasonable length of time, usually 30 days. The Internal Auditor is responsible for maintaining the levels City of Lubbock Financial Policies Page 13 of 18 of petty cash and change funds. The Internal Audit staff assists during the annual audit by the external auditors. Status: In compliance. EXTERNAL FINANCIAL REPORTING Accounting Department prepares and publishes a comprehensive annual financial report (CAFR). The CAFR is the official annual report for the City and contains appropriate statements, schedules and other information for the major operations of the City and its component units. Also included is an official audit opinion, transmittal letter from management, and information that provides continuing disclosure as required by SEC Rule 15c2-12. The CAFR is prepared in accordance with generally accepted accounting principals and is submitted annually to the Government Finance Officer's Association for evaluation for the Certificate of Achievement of Excellence in Financial Reporting. The CAFR is published and presented to the City Council on the second City Council meeting in January following the fiscal year end. Cafes are distributed to appropriate federal/state agencies, and other users, including but not limited to, students, other cities, bondholders, city staff, financial institutions, required information depositories, and others. The Single Audit report is prepared and presented to grantors no later than nine months following the fiscal year end. The Single Audit report lists the status and current operations of all federal/state and local funding awarded and received. The Accounting Department distributes monthly reports that include schedules/statements that present interim results of operations and an executive summary. The Accounting Department prepares such other reports as are sufficient for management to plan, monitor, and control the City's financial affairs. If delays will occur, the Director of Finance will notify City Management and City Council of the delay and the underlying reasons. Beginning for fiscal year ending September 30, 1999, the Accounting Department prepares an annual report that is targeted to the laymen reader, to contribute to more effective communication to citizens. Status: In compliance. III. CAPITAL ASSETS CAPITAL IMPROVEMENT PROJECTS Within the resources available each fiscal year, the City shall maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize future replacement and maintenance costs, and to maintain service levels. As part of the annual budget process, the City reviews a projected five-year need for capital improvements and equipment, the current status of the City's infrastructure, replacement and renovation needs, and potential new projects. When projects are contemplated, related costs such as operations and maintenance costs are evaluated along with capital expenditures to assess affordability prior to proposal of the projects. All operation and maintenance costs are required to be included in any capital project proposal. All projects, ongoing and proposed, will be prioritized based on an analysis of current needs and resource availability. Capital project appropriations are approved on an annual basis. Status: In compliance. Capital project funds are used to accumulate resources to construct, install, or implement new assets. Facility and System Improvements Funds accumulate resources to enhance existing assets or improve existing facilities. Permanent Street Maintenance Fund accumulates resources dedicated solely to the maintenance of public streets, thoroughfares and public right-of-ways within the City of Lubbock. City of Lubbock Financial Policies Page 14 of 18 Capital Projects must have a cost of $25,000 or more and generally have a life of seven or more years. Many of the projects require more than one year for completion and are accounted for on a life -to -date basis. Capital Project summaries include the projects and funds necessary over the next five years as part of overall long-term capital planning. Major sources of funding for capital projects are Contributions from operating funds, debt issuance, Federal and State Grants, and surpluses in fund balances/retained earnings. Project costs are capitalized and added to the City's Fixed Assets. If a project does not meet the criteria for capitalization, the costs will be treated as operating expenses and expensed as incurred. Status: In compliance. Citizen Advisory Committee: Every five years, the City Council appoints a committee named "The Citizen Advisory Committee" (CAC). The CAC, in partnership with City staff reviews financing capacity and infrastructure needs throughout the City for the next five years. The Committee prioritizes all submitted projects and makes a recommendation to the City Council for the particular projects and for a maximum debt capacity that should be implemented when funding those prioritized needs. The City Council may then call an election to solicit authorization from the voters for general-purpose infrastructure needs. City of Lubbock voters authorize projects that are funded. Authorized projects are completed in priority order over the next five years. Status: In compliance. In 1999, Citizen Advisory Committee members recommended a $38 million bond program to address infrastructure needs. In September 1999, Lubbock voters approved a $37.4 million bond program. CAPITAL REPLACEMENT POLICY The City shall annually prepare a schedule for the replacement of its non -infrastructure capital assets and replace those assets within the resources available each fiscal year. Costs in excess of $1,000 for assets that will not need to be replaced any earlier than 3 years after acquisition, are capitalized as fixed assets. Fixed assets are inventoried annually by department managers. Transfers and deletions are initiated and authorized by department managers. Items that are not used may be contributed to Surplus Property, maintained by the Purchasing Manager, either for use by another department or to be auctioned off at the next City auction. Status: In compliance. FINANCING There are three basic methods of financing capital requirements: • Funds may be budgeted from current revenues • Purchases may be financed through surplus unreserved/undesignated fund balance/retained earnings balances, subject to policy • Debt may be issued in accordance with policy (PART VII DEBT POLICY) Debt is issued for new capital items. Pay -as -you go financing is used for (1) any operating capital outlay, and (2) permanent capital maintenance items. Items financed with debt must have useful lives that are less than the maturity of the debt. Status: In compliance. IV. DEBT POLICY Debt financing may include, but is not limited to, general obligation bonds, revenue bonds, certificates of obligation, lease/purchase agreements, certificates of participation or commercial paper. The underlying asset that is being financed should have a longer useful life than the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that benefits, tangible and/or intangible derived from financing exceed the related financing costs. Status: In compliance. City of Lubbock Financial Policies DEBT LIMITS Page 15 of 18 While there is no direct debt limitation in the City Charter or under State Law, the City operates under a Home Rule Charter that limits the 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. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year and an analysis performed to determine the community's ability to assume and support additional debt service payments. When appropriate the issuance of self-supporting revenue bonds and self-supporting general obligation bonds are also considered. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. Those standards may include measures such as: debt per capita, debt as a percent of assessed value, debt service payments as a percent of current revenues and/or current expenditures, and the level of overlapping net debt of all local taxing jurisdictions. The City strives to achieve the standards at levels below the median industry measures for cities of comparable size. Status: In compliance. The debt to assessed value at 09/30/00 was .76% Standard and Poor's classified any amount less than 3% a low debt burden. The overall debt per capita (which includes overlapping debt) was $946 at 09/30/00. Standard & Poor's classifies debt to assessed value under $1,000 as a low debt burden. REVENUE BONDS When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, usually at a level no less than 150%. Status: In compliance. At 09/30/00, coverage for Electric Bonds was 151% while coverage for Water revenue bonds was 429%. STR UCTURE Bonds are generally issued with an average life of 10.5 years or less for general obligation bonds or 12.0 years for revenue bonds. Typically interest is paid in the first fiscal year after a bond sale and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made a short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. Status: In compliance. A competitive bidding process is used in offering debt unless the issue warrants a negotiated bid. The city attempts to award bonds based on a true interest cost (TIC) basis, however upon the recommendation by the Director of Financial Services, a net interest cost (NIC) approach may be used. Status: In compliance. City staff is committed to providing full and continuous disclosure to rating agencies. Credit ratings are sought from the top three rating agencies as recommended by the Director of Finance. City Staff uses a variety of resources to prepare information that may be useful to rating agencies during a bond rating. The Comprehensive Annual Financial Report (CAFR) contains an annual update of required continuing disclosure under Securities and Exchange Commission Rule 15c2-12 concerning primary and secondary market disclosure. The CAFR and material events are reported to Nationally Recognized Municipal Securities Information Repositories (NRMSIR's) according to timeframes required within the SEC ruling. Status: In compliance. City of Lubbock Financial Policies REFUNDINGS Page 16 of 18 City staff and the city's financial advisor, monitor the municipal bond market for opportunities to obtain interest savings by refunding outstanding debt. As a general rule, the present value savings of a particular refunding should exceed 5% of the refunded maturities. Status: In compliance. Additional discussion and guidance about the Debt Program may be found in Appendix B, The Debt Policy. V. ECONOMIC DEVELOPMENT PROMOTION OF A POSITIVE BUSINESS ENVIRONMENT The City, through its regulatory and administrative functions strives to provide a positive business environment in which local businesses can grow, flourish and create jobs. The City Council and Staff are sensitive to the needs, concerns, and issues facing local businesses. In 1995, the City Council created Market Lubbock, Inc. to coordinate the economic development function. Status: In compliance. Market Lubbock, Inc. reported projects in 1999-00 that resulted in 1,498 jobs, $42.38 million estimated payroll and $39.16 million in capital investment. EXPANDING THE ECONOMY The City encourages and participates in economic development efforts to expand Lubbock's economy and tax base and to increase local employment. These efforts focus on areas that include but are not limited to newly developing areas, inner city areas, and the Central Business District. The City's economic development program also seeks to expand the non-residential share of tax base to decrease the tax burden on residential homeowners. Status: In compliance. ECONOMIC INCENTIVES The City uses economic incentives such as enterprise zones, tax abatement and others, as allowed by law to encourage business expansion. The City also coordinates with state and federal agencies on offering any incentives to programs they may provide for potential economic expansion. Tax abatements are used to encourage growth and development in Lubbock. The City uses due caution in the analysis of tax incentives used to encourage development and periodically reviews tax abatement contracts to ensure that the community is receiving promised benefits in added value plus job creation. Status: In compliance. INTERLOCAL COOPERATION The City's economic development program encourages close cooperating with other local jurisdictions, chambers of commerce, and groups interested in promoting the economic well being of the area. The City participates in a regional economic development entity called Highground of Texas, in recognition that promotion of regional economic development has a direct benefit to Lubbock citizens. Status: In compliance. COMMUNITYINVESTMENT FUND At the end of each fiscal year, the results of operations of the General Fund and each enterprise fund that benefits from growth, will be evaluated to determine if there are resources sufficient to transfer up to 1% gross operating revenues to the Community Improvement Fund. The General Fund's contribution will be offset by the amount of ad valorem taxes forfeited due to the Freeport Tax exemption. The purpose of the Community Investment Fund is to supplement resources for economic development. The resources are allocated to projects at the discretion of the City Council. If the General Fund or Enterprise Fund is determined to have insufficient resources to contribute to the Community Investment Fund, no transfer will be made. Additional information may be found in the Community Investment Fund policy, attached as City of Lubbock Financial Policies Page 17 of 18 Appendix C. Status: In compliance. In 1999-00, approximately $2.35 million was transferred to the Community Investment fund resulting in final retained earnings of $4.89 million. FREEPORT TAX EXEMPTION A Freeport tax exemption exempts Freeport property from ad valorem taxation. Freeport property is various goods that are detained in Texas for less than 175 days and that are for the purpose of assembly, storage, manufacturing or processing. The City Council approved a Freeport tax exemption per Resolution #6142, dated December 16, 1998. VI. FINANICAL POLICIES OF LP&L IN A COMPETITIVE ENVIRONMENT This item will be provided under separate cover. City of Lubbock Financial Policies APPENDICIES Page 18 of 18 Appendix A: The City of Lubbock Investment Policy (adopted by Resolution #2000-R0418lNovember 27, 2000) Appendix B: The City of Lubbock Debt Policy Appendix C: Community Investment Fund Policy (adopted by Budget Ordinance #10180, dated August 26, 1999) Appendix D: LP&L Transfer Glossary (to be provided under separate cover) Appendix E: LP&L Financial Ratios - Definitions and Calculation (to be provided under separate cover) Formally adopted by City Council -- December 1996 Formally updated by City Council -- March 2000 City of Lubbock, Texas, Investment Policy Resolution No. 2001—RO196 APPENDIX A CITY OF LUBBOCK, TEXAS Investment Policy and Investment Strategy POLICY The Managing Director of Finance, or Designee, of the City of Lubbock, Texas, is charged with the responsibility to prudently and properly manage any and all funds of the City. These funds must be fully collateralized and appropriately authorized. The following investment policy addresses the methods, procedures, and practices which must be exercised to ensure sound fiscal management. SCOPE This policy shall apply to the investment of all financial assets and all funds of the City of Lubbock (hereinafter referred to as the "City") over which it exercises financial control. In order to effectively make use of the City's cash resources, all moneys, with the exception of certain bond proceeds which must be segregated and accounted for separately ("Bond Funds"), shall be pooled into one investment account ("Consolidated Funds"). The investment income derived from this account shall be distributed to the various City funds in accordance with the existing City Policy. These funds are accounted for in the City of Lubbock Comprehensive Annual Financial Report (CAFR) and include: General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Fund Trust & Agency Funds The Bond Funds Portfolio includes bond proceeds recorded in Capital Project Funds and Enterprise Funds, while the Consolidated Portfolio includes all other resources in Capital Project Funds and Enterprise Funds as well as all other funds listed. OBJECTIVES The City's principal investment objectives are listed in order of priority: A. SAFETY: Preservation of capital and the protection of investment principal. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. B. LIQUIDITY: Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows. C. YIELD: Attainment of a market rate of return equal to or higher than the performance measure established by the Managing Director of Finance, or Designee. City of Lubbock, Texas, Investment Policy D. COMPLIANCE with all Federal, State, and other legal requirements (includes but is not limited to Chapter 2256 "Public Funds Investment Act, as amended and Chapter 2257 "Public Funds Collateral Act, as amended, of Vernon's Texas Civil Statutes) RESPONSIBILITY AND CONTROL Delegation of Authority The ultimate responsibility and authority for investment transactions involving the City resides with the Managing Director of Finance, or Designee. The Managing Director of Finance, or Designee, has delegated the investment function to the Cash & Debt Manager. The Cash & Debt Manager is charged with executing the day-to-day investment functions for the City following the guidance and recommendations of the City's Investment Review Committee. Investment Review Committee The City will establish an Investment Review Committee to assist in monitoring the performance and structure of the City's investments. The Investment Review Committee shall be composed of Managing Director of Finance, or Designee, the Cash & Debt Manager, and three other persons specifically designated by the City Manager. The Investment Review Committee shall be responsible for the investment strategy decisions, activities, and the establishment of written procedures for the investment operations consistent with this policy. Monitoring of the portfolio shall be performed by the Investment Review Committee no less than quarterly and verified by the City's independent auditor at least annually. The City Council will receive the quarterly reports from the Committee. The Investment Review Committee shall discuss investment reports, investment strategies, and investment and banking procedures. Investment Advisers The Managing Director of Finance, or Designee, may in his/her discretion appoint one or more investment advisers, registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.), to assist in the management of a portion of the City's assets. To be eligible for consideration, an investment adviser shall demonstrate to the Managing Director of Finance, or Designee, and to the Cash & Debt Manager knowledge of cash management as well as familiarity and experience in managing public funds. Selection of any investment adviser shall be based upon their expertise in public cash management. An appointed investment adviser may be granted limited investment discretion within the guidelines of this Investment Policy with regard to the City's assets placed under its management. A contract made under authority of Sec. 2256.003 of the PFIA may not be for a term longer than two years on the original contract term. A renewal or extension of the contract must be made by the City Council by order, ordinance or resolution. Prudence The standard of prudence to be used for managing the City's assets is the "prudent person" rule, which states, "Investments shall be made with judgment and care --under circumstances then prevailing --which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officers acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. The City will perform a compliance audit of management controls on investments and adherence to investment policies annually. City of Lubbock, Texas, Investment Policy In accordance with Section 2256 Public Funds Investment Act, as amended, the Managing Director of Finance, and the Cash & Debt Manager shall attend an investment training session no less often than once every two fiscal years commencing September 1, 1997 and shall receive not less than 10 hours of instruction relating to investment responsibilities. The investment training session shall be provided by an independent source approved by the Investment Review Committee. Training must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the PFIA. INVESTMENT PORTFOLIO Elisible Investments The following are eligible investments for City of Lubbock and all are authorized by V.T.C.A., Government Code, Section 2256 (the Public Funds Investment Act) as amended: • Obligations of the United States or its agencies and instrumentalities, which have a liquid market with a readily determinable market value. • Direct obligations of this state or its agencies and instrumentalities • Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities • Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent • Certificates of deposit issued by a state or national bank domiciled in this state and guaranteed, or insured by the Federal Deposit Insurance Corporation or its successor, secured by obligations authorized by this subchapter, or secured in any other manner and amount provided by law for deposits of the investing entity • Repurchase agreements with a defined termination date; and secured by obligations authorized by V.T.C.A., Government Code, Section 2256.009(a)(1); and pledged to the City, held in the City's name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank doing business in this state. The term of any reverse repurchase agreements may not exceed 90 days after the date the reverse security repurchase agreement is delivered. Money received by the City under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. • Bankers' acceptances with a stated maturity of 270 days or fewer from the date of its issuance; and liquidated in full at maturity; and eligible for collateral for borrowing from a Federal Reserve Bank; and accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency • Commercial paper with a stated maturity of 270 days or fewer from the date of its issuance, and rated not less than A-1 or P-1 or an equivalent rating by at least two nationally recognized credit rating agencies • No-load money market mutual funds regulated by the Securities and Exchange Commission, and with a dollar - weighted average stated maturity of 90 days or fewer, and whose investment objectives include the maintenance of a stable net asset value of $1 for each share • AAA -rated, constant dollar, investment pools authorized by the City's governing body and as defined by Public Funds Investment Act 2256, which invests in eligible securities as authorized by this subchapter The following investments are prohibited by V.T.C.A., Government Code, Section 2256: • Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal, i.e. interest -only collateralized mortgage obligations (IO's). City of Lubbock, Texas, Investment Policy • Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest, i.e. principal -only collateralized mortgage obligations (PO's). • Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. • Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index, i.e. CMO inverse floaters. • Investment in the aggregate of more than 80 percent of the entity's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in money market mutual funds or mutual funds; investment in the aggregate of more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds; investment of any portion of bond proceeds, reserves, and funds held for debt service, in mutual funds; and investment of its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund in an amount that exceeds 10 percent of the total assets of the mutual fund Investment Diversification It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over -investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should, however, be flexible depending upon the outlook for the economy and the securities markets. When conditions warrant, the guidelines below may be exceeded by approval of the Investment Review Committee. The City may invest to the following limits as a percentage of its total portfolio: 100% in United States Treasury Obligations 50% in Certificates of Deposit 80% in Federal Instrumentalities or Agencies 30% in Repurchase Agreements collateralized by Federal Instrumentalities, or 100% in Repurchase Agreements collateralized by United States Treasury Obligations 25% in Commercial Paper (no more than 10% in any one issuer) 20% in Banker's Acceptances Investment pools must be continuously rated no lower than AAA, with a weighted average maturity of <90 days. The pool must have an advisory board. A thorough investigation of the pool is required prior to investing, and on a continual basis, as due diligence, and shall include but is not limited to, the following topics: • A description of eligible investment securities, and a written statement of investment policy and objectives. • A description of interest calculations, method of distribution, and treatment of gains and losses. • A description of the method used to safeguard securities (including the settlement processes), and the frequency and method by which securities are priced. • The frequency of audit of the program. • A description of eligible participants along with allowable frequency and size of deposits and withdrawals. • A schedule for receiving statements and portfolio listings. • The policy under which reserves, retained earnings, etc. may be utilized by the pool. • A fee schedule, and when and how it is assessed. • Information related to the fund's eligibility for accepting bond proceeds. Investments in a qualifying Investment Pool (in accordance with Resolution dated May 28, 1992) should be limited to no more than 5% of the total assets in the pool. Investment Strategy The City of Lubbock maintains portfolios which utilize four specific investment strategy considerations, designed to address the unique characteristics of the fund groups represented in the investment portfolios. The policies detailed 4 City of Lubbock, Texas, Investment Policy below are subject to an annual review to occur prior to the annual City Council action regarding the Investment Policy. (1) Operating Funds and Commingled Pools Containing Operating Funds: Investment strategies for operating funds, or Consolidated Fund, have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. Investment maturities shall be matched against liabilities including debt service requirements. The secondary objective of the consolidated fund is to create a portfolio structure which will experience minimal volatility during economic cycles. This will be accomplished by purchasing high quality, short- to medium-term securities which will complement each other in a laddered maturity structure. The City shall maintain a dollar -weighted average maturity of 2 years or less based on the stated final maturity dates of each security in its consolidated fund. The City shall at all times maintain at least 10% of its consolidated investment portfolio in instruments maturing in 120 days or less. (2) Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date. (3) Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue, securities should be of high quality with short- to intermediate-term maturities. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available within the desired maturity and quality range using a laddered maturity structure. Such securities will tend to hold their value during economic cycles. (4) Bond Funds Investment strategies for bond funds will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held shall not exceed the estimated project completion date. A cash flow analysis shall be reviewed and updated no less than semi-annually, in connection with revised budget and proposed budget reviews. This cash flow analysis is the basis for matching liabilities or obligations with security maturities as outlined in the strategies previously listed. The maximum maturity of any individual security the City may invest in shall be 5 years. Derivatives A derivative is any security whose cash flow characteristics (coupon, redemption amount, or stated and estimated maturity) depend upon one or more indices or that have embedded futures or options. They can be linked to different market sectors or interest rate scenarios including: 1) increasing or decreasing interest rates, 2) U.S. I City of Lubbock, Texas, Investment Policy Treasury yield curve, 3) foreign yield curves, 4) relationship between two different yield curves, 5) foreign exchange rates 6) equity price movements, and 7) commodity price movements. The City shall define a derivative for purposes of investment as any mortgaged backed security to eliminate possible extension, volatility and reinvestment risk. The City will not invest in any mortgage-backed securities (MBS) whether a straight pass-through mortgage backed or further derived mortgage backed security (CMO). The City shall not define United States Agency and Instrumentality debentures as derivatives. Debentures have a defined maturity date which can not extend regardless of their structure. These will be restricted to a maximum maturity of three (3) years. Floating rate debentures may only float on the U.S. Treasury rates and not exceed one (1) year in maturity. The Cash & Debt Manager will monitor the development of new financial instruments and may present to the Investment Review Committee amendments to the above definition. Other Investment Guidelines All investment transactions must be executed with broker/dealers and financial institutions that have been authorized by the City and each transaction must be competitively transacted with at least three authorized broker/dealers or financial institutions. In addition, before any repurchase agreements shall be executed with an authorized broker/dealer or financial institution, a Master Repurchase Agreement must be signed between the City and that broker/dealer or financial institution. The Cash & Debt Manager shall maintain a file of all executed Master Repurchase Agreements. The City seeks an active, rather than passive, management of its portfolio assets. Assets may be sold at a loss only if the Managing Director of Finance, or Designee, or the Investment Adviser feels that the sale of the security is in the best long-term interest of the City. Supporting documentations shall be maintained by the Cash & Debt Manager for all sales of securities in which there is a book loss or where a security is sold in order to simultaneously purchase another security. AUTHORIZED FINANCIAL BROKER/DEALERS AND INSTITUTIONS As defined by PFIA Chapter 2256, as amended, the City shall maintain a list of authorized broker/dealers and financial institutions which are approved by the Investment Review Committee for investment purposes, and it shall be the policy of the City to purchase securities only from those authorized institutions and firms and to review the list at least annually. To be eligible for authorization, each broker/dealer or financial institution must complete and submit to the City a Broker/Dealer Questionnaire which includes the firm's most recent financial statements. In addition, each broker/dealer must provide a written instrument certifying that they have received and thoroughly reviewed the City's investment policy and have implemented reasonable procedures and controls and understand the parameters set by the City of Lubbock. Financial Institutions must be members of the FDIC in order to be eligible for authorization. Approved security broker/dealers may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 150-1 (uniform net capital rule). All broker/dealers must submit: (a) audited financial reports (b) proof of National Association of Security Dealers certification, and (c) proof of state registration. The Cash & Debt Manager shall maintain a file of all Broker/Dealer Questionnaires. Broker/dealers and other financial institutions will be selected on the basis of their expertise in cash management and their ability to provide service to the City's account. Depositories shall be selected through the city's banking services procurement process, which shall include a formal request for proposals. In selecting depositories, the credit -worthiness of institutions shall be considered, and the Managing Director of Finance, or Designee, shall conduct a comprehensive review of prospective depositories' credit characteristics and financial history. City of Lubbock, Texas, Investment Policy The supervising officer shall agree to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transactions with the City. Employees of any firm or financial institution offering securities or investments to the City of Lubbock shall be trained in the precautions appropriate to public - sector investments and shall be required to familiarize themselves with the City's investment objectives, policies and constraints. In the advent of a material adverse change in the financial condition of the firm or financial institution, the City will be informed immediately by telephone and in writing. Selection of Financial Institutions The City shall select financial institutions from which the City may purchase C.D.'s in accordance with Public Funds Investment Act 2256 as amended. The City of Lubbock will have a written agreement with any financial institution with whom the City of Lubbock has time or demand deposits. The Cash & Debt Manager shall monitor the financial condition of financial institutions where Certificates of Deposit are held and report quarterly to the Investment Review Committee. Collateralization/Safekeepin Collateralization requirements are governed by Chapter 2257 COLLATERAL FOR PUBLIC FUNDS. Collateralization will be required on three types of investments: depository bank balances, certificates of deposit and repurchase agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest monitored and maintained by the financial institution. The City of Lubbock chooses to limit collateral to the following: Underlying collateral shall be composed of only those investments approved in this policy for investment by the City of Lubbock. The maturity of the collateral security shall be no longer than 5 years. Market value of the collateral shall be priced at least daily for repurchase agreements and monthly for securities. Collateral will always be held by an independent third party with whom the City of Lubbock has a current custodial agreement. A safekeeping receipt must be supplied to the City of Lubbock for any transaction involving sales/purchases/maturities of securities and/or underlying collateral, which the City of Lubbock will retain. The right of collateral substitution is granted provided the substitution with prior approval of the City and is followed by the delivery of a safekeeping receipt to the City of Lubbock. All security transactions, including collateral for repurchase agreements, entered into by the City of Lubbock shall be conducted on a delivery -versus -payment (DVP) basis, and held in third party safekeeping by a Federal Reserve member financial institution designated as the City's depository. The trust department of the institution designated as depository will be considered to be a third party for the purposes of safekeeping securities. Securities purchased by the City that are wirable via the Federal Reserve System shall be held by the City's depository bank in their Customer Account (02). Collateral pledged to the City securing Certificates of Deposit shall be held in joint custody at the Federal Reserve Bank (07). It is the intent of the City that all securities be perfected in the name of the City. Reporting Investment reports shall be prepared on a quarterly and annual basis and be submitted to the Managing Director of Finance, or Designee, in a timely manner. A written record shall be maintained of all bids and offerings for securities transactions in order to insure that the City receives competitive pricing. The Investment Review Committee will meet no less than quarterly to review the investment activity. The quarterly reports should include listings of all the investments held by the City, the current market valuation of the investments, transactions summaries, and performance results. 7 City of Lubbock, Texas, Investment Policy Within a reasonable time after the end of each quarter, the Cash & Debt Manager shall prepare and submit to the Managing Director of Finance, or Designee, City Manager, and City Council a written report of the quarter's investment activity. This report must be signed by each official member of the Investment Review Committee. This report shall describe in detail the investment position of the City, disclose the market value and book value of each fund group as well as each separate investment, and state the maturity date of each security and accrued interest for the reporting period. It must also express the compliance of the portfolio to the investment strategy contained in the City's investment policy and the Public Funds Investment Act as amended, and Generally Accepted Accounting Principles. Market pricing information is obtained through the use of appropriate software available either externally such as through investment advisers, or internally. An independent auditor will review quarterly investment reports on an annual basis, as required by Public Funds Investments Act 2256, as amended. CHANGES IN STATUTES, ORDINANCES OR PROCEDURE This policy is designed to operate within the restrictions set forth in applicable State of Texas and Federal laws and statutes, but it does not permit all activity allowed by those laws. Changes to state or federal laws which restrict a permitted activity under this policy shall be incorporated into this policy immediately upon becoming law. Changes to state or federal laws which do not further restrict this policy shall be reviewed by the Investment Review Committee and recommended to the City Council when appropriate. PERFORMANCE REVIEW The Investment Review Committee shall meet no less than quarterly to review the portfolio's adherence to appropriate risk levels and to compare the portfolio's total return to the established investment objectives and goals. The Managing Director of Finance, or Designee, or his/her appointee, shall periodically establish a benchmark yield for the City's investments which shall be equal to the average yield on the United States Treasury security which most closely corresponds to the portfolio's actual weighted average maturity. When comparing the performance of the City's portfolio, all fees and expenses involved with managing the portfolio should be included in the computation of the portfolio's rate of return. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the Managing Director of Finance, or Designee, any material financial interests in financial institutions that conduct business within this City, and they shall further disclose any large personal fmancial/investment positions that could be related to the performance of this City's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales. INTERNAL CONTROLS The Managing Director of Finance, or Designee, shall establish a system of internal controls, which shall be documented in writing. The internal controls shall be reviewed by the investment committee and with the independent auditor on an annual basis. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions by employees and officers of the City. City of Lubbock, Texas, Investment Policy POLICY REVISIONS The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. The Investment Policy and Investment Strategies will be reviewed annually by the Investment Review Committee. The Investment Review Committee shall forward modifications to the Policy or a resolution stating there are no changes to the City Council annually for City Council action. AUTHORITY/DATE ISSUED: City Council Resolution # 5728/December 18, 1997 City Council Resolution # 5867/May 28, 1998 City Council Resolution #6600/November 4, 1999 City Council Resolution #2000-R0418/November 27, 2000 N Resolution No. 2001—RO196 Appendix B CITY OF LUBBOCK, TEXAS DEBT POLICY The City of Lubbock's Managing Director of Finance is charged with the responsibility for prudently and properly managing any all debt incurred by the City of Lubbock. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City of Lubbock's debt program. SCOPE This policy applies to all long-term debt securities issued by the City of Lubbock. This may include general obligation bonds, certificates of obligation, revenue bonds, long-term capital leases, certificates of participation, private placements, and letters of credit. General purpose debt and tax -supported debt instruments are recorded in the Long-term Debt Account Group while current principal and interest requirements and necessary resources to service debt instruments are recorded in the Debt Service Fund. Most self -supported Certificates of Obligation are recorded in the fund that generates the user fees that are pledged to repay the debt. For example, Water Certificates of Obligation are recorded in the Water Enterprise Fund, Sewer Certificates of Obligation in the Sewer Enterprise Fund, and so on. An exception is when the self -supported issuance is supported by a dedicated tax as in the Hotel/Motel Tax Certificates of Obligation. These certificates are recorded in the Long Term Debt Account Group, as they are general-purpose debt. Revenue bonds are recorded in the Enterprise Fund that generates the user fees that are the underlying revenue pledge for the debt. For example, Electric Revenue Bonds are recorded as a liability in the Electric Enterprise Fund. Long-term leases for governmental funds are recorded in the General Long -Term Debt Account Group while long-term leases for enterprise funds are recorded in the Enterprise Operating Funds. Long-term leases of equipment that support internal service operations are recorded in the Internal Service Fund that collects the fees that support the lease. Each of the funds underlined above is accounted for in the City of Lubbock Comprehensive Annual Financial Report. DEBT LIMITS While there is no direct debt limitation in the City Charter or under State Law, the City operates under a Home Rule Charter that limits the 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. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year and an analysis performed to determine the community's ability to assume and support additional debt service payments. When appropriate the issuance of self-supporting revenue bonds and self-supporting general obligation bonds are also considered. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. Those standards may include measures such as: debt per capita, debt as a percent of assessed value, debt service payments as a percent of current revenues and/or current expenditures, and the level of overlapping net debt of all City of Lubbock Debt Policy Page 2 of 11 local taxing jurisdictions. The City strives to achieve the standards at levels below the median industry measures for cities of comparable size. Status: In compliance. OBJECTIVES Legal and Regulatory Compliance The City of Lubbock's debt policies and procedures are designed to ensure compliance with all State and Federal Law governing debt, including but not limited to, State Law, Federal Law, U.S. Constitution, Internal Revenue Service rules and regulations, Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) regulations, court rulings, existing debt covenants, and City of Lubbock charter provisions. As a result of the importance of complying with all legal and regulatory requirements, the Managing Director of Finance and the City Attorney will coordinate all activities necessary to issue debt, including but not limited to, • selection of bond counsel • review of ordinances and resolutions provided by bond counsel • review of all documents necessary to issue debt provided by bond counsel • verifying compliance with the City Charter RESPONSIBILITY AND CONTROL The ultimate responsibility and authority for issuing debt is approval by the City of Lubbock governing body, the Lubbock City Council. The Managing Director of Finance is charged with the responsibility for the appropriate management of the City of Lubbock debt program. The Cash and Debt Manager executes the day-to-day debt functions of the debt program following the Debt policies and procedures as well as the guidance and recommendations of the Managing Director of Finance, Senior Management and City Council. SELECTION OF SERVICE - PROVIDERS Financial Advisors The Managing Director of Finance provides recommendations for the selection of a financial advisor for the City of Lubbock's debt program. The financial advisor may perform the following duties including but not limited to: comprehensive analyses' for debt refinancing, recommendations for alternative financial structures, development of timing and sale of new issues, coordinating the market pricing of debt securities, issuing and disseminating the bond offering document and other disclosure requirements, coordinating with the underwriters of the bond issuance, seeking and retrieving ratings from the three major bond rating agencies, providing guidance and advice about debt -related topics, as needed. The recommendations may be based on the results of a formal request for proposal process or may be based on a quantitative and qualitative analysis of financial advisors. In either case, when the recommendation is made for Senior Management and City Council approval, the basis for the recommendation will be submitted for review. The engagement of a financial advisor is implemented through the approval of a contract by the City Council that has a term of no more than 5 years. Status: In compliance. Bond Counsel The Managing Director of Finance coordinates with the City Attorney and Senior Management on the selection of bond counsel for any issue. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must assure investors that the securities are valid and legally binding obligations of the issuer. Then, the bond counsel will state whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with City of Lubbock Debt Policy Page 3 of 11 the City Attorney's office, City Secretary's office and Finance Office as well as the City's financial advisor to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. Status: In compliance. Paying Agent/Registrar The City's financial advisor conducts a request for proposal process to select the paying agent/registrar for each new issue and recommends the successful candidate for approval by City staff. Status: In compliance. Underwriter In a negotiated sale (See Methods of Sale), the Managing Director of Finance after review with Senior Management makes recommendations about which underwriting firms to include in the underwriting syndicate. A diverse group of securities firms will be chosen based on past performance, demonstrated ability to resell, prior municipal issuance experience and other factors. While past demonstrated performance is the primary criteria for selection, within those criteria, the participation of historically underutilized businesses (HUBs) will be strongly encouraged. Status: In compliance. Bond Insurer Credit quality and marketability of securities may be enhanced through the purchase of municipal bond insurance. The municipality may pay a single premium and in turn the bond insurer unconditionally guarantees the payment of principal and interest to bondholders in case of default. Prior to purchasing insurance for an issue, the City of Lubbock performs a cost-effectiveness analysis. Due to the City of Lubbock's high credit quality, the costs of insurance typically outweigh the benefits the City may derive by insuring an issue. Status: In compliance. CAPITAL IMPROVEMENT PROGRAM One of the City Council's goals is to maintain the excellent quality of the City's infrastructure. One of the mechanisms to achieve that objective, is the maintenance of a 5 -year Capital Improvement Program. Citizen's Advisory Committee Approximately every 5 years, The City of Lubbock initiates the development of a multi-year financing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. The City council begins the process by appointing a Citizen Advisory Committee, which is several subcommittees made up of citizens that have skills and abilities suited to make recommendations on needed capital improvements. Each subcommittee's chair is a member of the Steering Committee. A finance subcommittee is one of these subcommittees and is charged with the objective of evaluating the current debt capacity and recommending a level of debt (including structure, maturity and other relevant elements) the City can incur within parameters set by City Council regarding tax rates, fee structures, City of Lubbock debt policies and others. When the Citizen's Advisory Committee has made their recommendations, and the City Council approves all or part of these recommendations, an election is scheduled to seek a public vote to approve the issuance of general purpose debt that will be supported by Property Tax. The amount of general-purpose debt approved by the voters is issued, as needed, for construction of approved capital projects. The underlying asset that is being financed should have a longer useful life than the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that benefits, tangible and/or intangible derived from financing exceed the related financing costs. Status: In compliance. In 1999, the Citizen Advisory Committee recommended a $38million bond package, of which $37.3 million was approved by Lubbock voters. City of Lubbock Debt Policy Page 4 of 11 Ongoing Capital Needs -- "Pay as you Go" Capital Projects are generally defined as costs to construct an asset or system improvement that exceed $25,000 and does not need to be replaced for at least 5 years. The City Council goals and policies focus on infrastructure maintenance. The City strives to maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize future replacement and maintenance costs, and to maintain service levels. An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the budget process. All projects, ongoing and proposed, are prioritized based on an analysis of current needs and resource availability. For every capital project, all operation and maintenance costs are included in the proposal as well as start date, requested total budget, the amount expected to be expended each year, and proposed sources of financing. The Budget and Research Department matches all of the eligible requests which represent the full range of capital needs, with all known sources of funding. The requests are prioritized in order of need. Decisions are made on prioritization of proposed projects using sound judgement of criteria such as: • requirements on operations to meet anticipated growth, • need for an orderly replacement of existing capital facilities and equipment, • current levels of capital repair and replacement including obsolescence • projects that demonstrate an ultimate cost recovery/savings • ongoing and projected future maintenance requirements • the extent to which a project addresses a public health or safety issue, or court order/mandate Capital Improvements may be funded using current revenues (property tax, dedicated tax, Enterprise User fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. The Budget Document submitted for City Council approval includes an appropriation from each Enterprise operating fund (in an amount not less than the amount of current depreciation) and from the General fund to segregated reserves in capital projects funds to maintain the City's very aggressive "pay-as-you-go" program. Projects are considered for issuance of debt when construction is to provide infrastructure to meet growth needs, so that future residents may service the debt in addition to current users and when the project requires an immediate large capital outlay or is for an unusually large total amount. This reduces the onerous tax burden that would be necessary to fund the project on a "pay-as-you-go" basis. Current operating and maintenance costs are not funded with debt issues. The underlying asset that is being financed should have a longer useful life than the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that benefits, tangible and/or intangible derived from financing exceed the related financing costs. Status: In compliance. The debt to assessed value at 09/30/99 was .74%. Standard and Poor's classified any amount less than 3% a low debt burden. The overall debt per capita (which includes overlapping debt) was $720 at 09/30/99. Standard & Poor's classifies debt to assessed value under $1,000 as a low debt burden. METHODS OF SALE The City of Lubbock typically chooses from three different methods of selling debt. The methods and the description of each method is listed below: City of Lubbock Debt Policy Page S of 11 Competitive Sale, the most common method, is when bonds are awarded in an auction -style of sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. The successful underwriter is required to provide a "good faith deposit" to the City in the amount of 2% of the total issuance for a competitive sale and 1% of the total issuance for a negotiated sale and this deposit will be returned to the underwriter within 24 hours of the successful delivery of the bonds. Competitive sales offer all interested underwriters an opportunity to compete for the reoffering of City of Lubbock bonds. The City of Lubbock maintains an excellent bond rating so a competitive sale could potentially generate more interest from a wide variety of potential underwriters. Status: In compliance. Negotiated Sales are when the City of Lubbock chooses an underwriter or underwriter syndicate that are interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre - marketing efforts. Status: In compliance. A Private Placement is a sale of debt securities to a limited number of sophisticated investors. The City of Lubbock may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security for the bonds is weak since the private placement permits issuers to sell riskier securities at a higher yield to investors that are familiar with the credit risk. The City of Lubbock considers the following criteria when determining the appropriate method of sale for any debt issuance: (1) Complexity of the Issue -- Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. (2) Volatility of Bond Yields -- If municipal markets are subject to abrupt changes in interest rates, there may need to be some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. (3) Familiarity of Underwriters with City of Lubbock Credit quality -- If underwriters are familiar with the City of Lubbock's credit quality, a lower True Interest Cost may be achieved. Awareness of the credit quality of the City has a direct impact on True Interest Cost an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City of Lubbock maintains an excellent bond rating. As a result the Municipal Bond Market is generally familiar with City of Lubbock's excellent credit quality. (4) Size of the Issue --The City of Lubbock may choose to offer sizable issues as negotiated so that pre - marketing and buyer education efforts may be done to more effectively promote the bond sale. The City of Lubbock uses competitive sales as the primary means of selling new debt instruments. General-purpose debt is almost always sold on a competitive basis. Negotiated sales are only used when specific circumstances of the bond issuance dictate the need for the flexibility that negotiated sales provide. These circumstances include but are not limited to the amount of the issue, the volatility of market bond yields, or potential benefits of pre -marketing and/or buyer education efforts or other supporting justification. Refunds are sold using negotiated sales. Status: In compliance. City of Lubbock Debt Policy Page 6 of 11 COMPETITIVE SALE BIDDING PARAMETERS The City of Lubbock seeks to identify bidding parameters such that bidders have sufficient flexibility to make the best possible bid. Bidding parameters are structured in the initial planning of the sale to enhance the attractiveness of the offering such that the lowest "true interest cost" may be achieved. Bid Verifications The City of Lubbock awards successful bidders on the basis of the lowest "True Interest Cost ". Status: In compliance. Good Faith Deposits Bidders collectively choose a bank to be the good faith bank to represent several in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for 1% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. Status: In compliance. Allowable Discounts In most cases, the City of Lubbock requires bidders to purchase bonds at par. When there are no prevailing limitations, a discount may be permitted when market conditions indicate a discount will be rewarded by a more competitive bid and when there is flexibility to increase the par amount of the issue. If there is considerable market activity on the date of the proposed sale or other market -related factor to necessitate improving the marketability of the issue, discounts may be permitted. Bidders are notified in advance of the allowance for discounts. Status: In compliance. Term Bonds Bidders may form term bonds based on the length of the maturity schedule. In a 20 -year maturity they may form anywhere between 3-5 terms. The resulting term bond structure must completely mirror the serial bond structure. NEGOTIATED SALE - ALLOCATION & DESIGNATION POLICIES The City of Lubbock uses designation rules that reward performance. The most common order type used by the City of Lubbock is the Member Designated Orders. This type of order permits the Institution placing the order to designate which syndicate members receive credit for its order. The City of Lubbock requires that each institution must designate at least three syndicate members and no one firm may receive more than 50% credit. Status: In compliance. Retention At least two days prior to pricing, the Senior Underwriter will award a block of bonds to each co -manager in the syndicate. Each co -manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. Status: In compliance. Management Fee The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement City of Lubbock Debt Policy Page 7 of 11 and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. Status: In compliance. BOND RATING AGENCY APPLICATION Prior to issuing new debt or to issuing refunding debt, the City of Lubbock will submit a rating application to at least two of the largest rating agencies, which are Fitch IBCA, Moody's Investor Services and Standard & Poor's. As often as deemed necessary, City staff and elected officials make a bond rating presentation directly to the bond raters of the three largest raring agencies. The City evaluates each time, whether the circumstances favor making the presentation at the Bond Rating Agency offices or here in the City as a site visit for the bond raters, depending on circumstances. Included in the presentation, staff compiles information relevant to the City's current economic, financial, and initiatives to provide reference material for the bond raters. When issues occur frequently, the rating agency application and offering document will be supplemented by a minimum of a written presentation of updated information about the City of Lubbock since the last rating application. Annually, the City of Lubbock distributes the Comprehensive Annual Financial Report and the current operating and capital budgets to each of the three bond rating agencies. Information about the City of Lubbock is also available on the City of Lubbock website, http://www.ci.lubbock.tx.us Status: In compliance. DISCLOSURE DOCUMENTS The Financial Advisor normally prepares the official statement in conjunction with the sale of securities though the City may choose to prepare the official statement if desired. The Official Statement contains relevant economic, financial and debt information to prospective purchasers of the new issue. Underwriters are required by SEC Rule 15c2-12 to obtain a copy of the official statement that is "deemed final" prior to bidding or purchasing a new issue of securities. The financial advisor files a copy of each official statement at the Nationally Recognized Municipal Securities Information Repositories (NRMSIRs). Status: In compliance. Continuing Disclosure The City of Lubbock is required under the provisions of SEC Rule 15c2-12 to provide current information annually to update the information typically required in each official statement. The Official Statement provides relevant information in a series of tables. Those tables are updated and provided in the City of Lubbock's Comprehensive Annual Financial Report on an annual basis. This ensures the underwriters have the opportunity to preview current information about the City prior to bidding or purchasing part or all of a City of Lubbock issue. The CAFRs are filed with current appointed Nationally Recognized Municipal Securities Information Repositories (NRMSIRs) and State Information Depositories (SIDS). Status: In compliance. BOND TYPE & STRUCTURE Fixed Interest versus Variable Interest The City of Lubbock primarily issues fixed rate bonds to protect the organization against interest rate risk. The City of Lubbock has the option to issue variable rate bonds and may if market conditions warrant consider such a structure. Status: In compliance. City of Lubbock Debt Policy Bond Types Page 8 of 11 General Obligation Bonds - The City of Lubbock issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate significant revenues. Typically the City Council appoints a Citizen Advisory Committee (CAC) to evaluate the City's tolerance for debt and to make recommendations about which projects proposed by staff are the highest priority projects to be part of the 5 -Year CAC Construction — In- Progress financing. The City of Lubbock pledges its "full faith and credit" and levies property tax to repay the debt. In order to issue general obligation bonds, the City of Lubbock's voters must authorize the amount to be issued through a popular referendum. The general obligation bonds are sold for a term that is equal to or less than the useful life of the project that it is funding. Status: In compliance. Certificates of Obligation The City has the opportunity to issue certificates of obligation, which are basically, general obligation debt that does not require voter approval. Although voter approval is not required, additional notification and public hearing requirements may apply. Although voter approval is not required, there are additional notice and requirements necessary to execute the issue. Certificates of Obligation are often issued in cases where user fees are pledged to repay the debt. Current examples include Water, Sewer, Solid Waste and Airport. Certificates of Obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens. Status: In compliance. Revenue Bonds The City of Lubbock issues revenue bonds primarily for Lubbock Power & Light. Revenue bonds are secured by a specific source of revenue. There is no tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. Typically the City is required to fund an Interest and Sinking Fund that has no less than the highest annual debt service payment or an average annual debt service amount on deposit as a contingency. Another method to provide for contingencies is to purchase a surety bond in the amount of the average annual debt service or highest annual debt service. The costs of both methods are evaluated prior to a revenue bond issue. The City of Lubbock fully complies with Interest & Sinking fund requirements set forth in any and all bond covenants. When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, usually at a level no less than 150%. Status: In compliance. City of Lubbock Debt Policy Conduit Securities Page 9 of 11 The City of Lubbock acts as a conduit for tax-exempt financing for several entities within the City of Lubbock. Those entities include but are not restricted to (1) Lubbock Health Facilities Development Corporation (2) Lubbock Housing Finance Corporation and (3) Lubbock Educational Facilities Authority, Inc. The City of Lubbock assumes no liability for the timely payment of debt issued by entities that issue conduit financing. The City may compel the entity issuing conduit financing to (1) commit to provide the municipal securities market with continuing information, (2) issue an official statement or other disclosure document that clearly describes the City's lack of direct financial support from the City or (3) obtain an opinion that states that the City will not be liable for the payment of principal and interest in the event of default by the conduit borrower. If the opinion cannot be obtained, the City may ask the conduit borrower to purchase insurance or provide a letter of credit in the City's name to protect taxpayers in event of default. Status: In compliance. Structure Bonds are generally issued with an average life of 10.5 years or less for general obligation bonds or 12.0 years for revenue bonds. Typically interest is paid in the first fiscal year after a bond sale and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made a short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. Status: In compliance. INVESTMENT OF BOND PROCEEDS The City of Lubbock maintains in its Investment Policy document approved by the City Council, the strategy and policies for investing bond proceeds. 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 very short-term securities so that they are very liquid. Interest & Sinking funds may be invested longer as they have to be maintained for the life of the issue. Status: In compliance. ARBITRAGE COMPLIANCE The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (via contract consultant) arbitrage calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. Status: In compliance. Arbitrage Calculations & Rebate On fixed -yield issues, the calculation of rebate must be performed no later than each 5 -year anniversary date of the issuance of the bonds and at final maturity. However, the City of Lubbock outsources those calculations on an annual basis. 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 to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the applicability of rebate exceptions. Status: In compliance. City of Lubbock Debt Policy Exceptions to Rebate Calculations Page 10 of 11 Six-month Exception -- Where 95% of the proceeds will be spent within 6 months and the other 5% will be spent within 12 months. Twenty -Four Month Exception -- Only available to a construction issue has the following expenditure goals: 10% in 6 months 45% in 12 months 75% in 18 months 100% in 24 months (with a de minimum hold back) The irrevocable election must be made on or before the date the bonds are issued. This option includes a "penalty in lieu of rebate". When the spending schedule is not met, the issuer pays a 1 1/12% penalty each 6 months on the cumulative shortfall for the spending goals specified above. Eighteen - Month Exception: Available for any type of proceeds and includes the following spending schedule: 15% in 6 months 60% in 12 months 100% in 18 months (with a de minimus holdback) INVESTOR RELATIONS PROGRAM Because a strong investor relations program can lead to lower interest rates, the City is in process of formalizing the investor relation's practices and it includes: Investor Meetings The City provides updated information to the market on a routine basis. Status: In compliance. Rating Agency Relations The City provides the bond rating agencies with the Comprehensive Annual Financial Report and the capital and operating budgets. The City strives to update the bond rating agencies on a quarterly basis unless the City issues bonds frequently where a more formal presentation of current financial information is provided. Status: In compliance. NFMA Certificate of Recognition Program The City of Lubbock will apply to the National Federation of Municipal Analysts ("NFMA") for a Certificate of Recognition, which rewards issuers for their commitment to secondary market disclosure. The City of Lubbock will be including a written statement in the bond offering documents which commits them to provide timely information to the rating agencies and to provide investors with copies of financial statements upon written request and payment of a reasonable fee. Investment Community Continuing Disclosure The City shall endeavor to maintain a positive relationship with the investment community. The Managing Director of Finance shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness as well as its future financing plans. This includes information presented to the press and other media. Status: In compliance. City of Lubbock Debt Policy Page 11 of 11 REFUNDING & RESTRUCTURING OPTIONS The City may elect to refund existing debt for any of the following reasons: ♦ To achieve interest rate savings in a declining interest rate environment ♦ To update covenants on outstanding debt which impair efficient operations, require burdensome coverage, or prohibit necessary or desirable activities ♦ To restructure the pattern of debt service associated with outstanding bond issues ♦ To alter bond characteristics such as call provision or payment dates Types of Refunding ♦ Current refundings are when outstanding debt is called within 90 days. Most City of Lubbock debt has a 10 -year call date built into its structure. When debt reaches the call date, refunding bonds maybe issued to pay off the old debt. Advance refundings are refundings where the debt is not called within 90 days. In an advance refunding the proceeds to defease the debt at its call date is placed in escrow until the call date. The City of Lubbock's practice is and always has been to invest the escrow in State & Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of "yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to a 3% or more present value savings. Other factors may also affect the City's decision to advance refund an issue. Status: In compliance. DEBT RATIOS The City has identified key debt ratios that investors and financial analysts use when reviewing the City's creditworthiness. The City has established a floor and ceiling amount for each debt ratio and will periodically update for investors and others the values for these ratios. These ratios include: ♦ Debt as a percentage of assessed value -- This ratio indicates the relationship between the City's debt and the taxable value of property in the City or the City's ability to repay the debt. ♦ Debt per capita is the ratio that indicates the per capita debt burden and is a general indicator of the City's debt burden. ♦ Debt per capita as a percentage of per capita income is a measure of the capacity of citizens to finance tax -supported debt. A low ratio means that taxes required to pay debt represent a smaller portion of the average citizen's income. ♦ Debt Service as a % of general governmental expenditures - City's ability to repay debt without hampering other City services. ♦ Unreserved General Fund Balance as a % of General Fund Revenue.