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14.D.
City Council Meeting - FINAL
Meeting Date:
09/03/2019
From:
Rick Tadder, Management Services Director

Information

TITLE:

Consideration and Adoption of Resolution No. 2019-42:  A resolution of the Flagstaff City Council, declaring, for the purposes of Section 1.150-2 of the Federal Treasury Regulations, official intent to be reimbursed in connection with certain capital expenditures relating to the Municipal Court Facilities Project, Water Projects, Wastewater Projects and Stormwater Projects, and establishing an effective date.

STAFF RECOMMENDED ACTION:

1) Read Resolution No. 2019-42 by title only
2) City Clerk reads Resolution No. 2019-42 by title only (if approved above)
3) Adopt Resolution No. 2019-42

Executive Summary:

This resolution will allow the City to reimburse itself for expenditures made on voter-approved projects and water, wastewater, and stormwater projects that are currently being planned or under construction in advance of issuing the debt (bonds) for the projects. Federal regulations provide that the City may reimburse itself for expenditures incurred prior to the issuing of debt so long as this type of resolution is adopted.  Without the resolution, only City expenditures incurred after the issuance of debt would be allowed.

Financial Impact:

City expenditures to be reimbursed with debt obligation are budgeted in FY 2020 for the Municipal Court project (408-09-426-varies), Water projects (202-08-370-varies), Wastewater projects (203-08-375-varies) and Stormwater projects (206-08-385-varies).  There is no cost to approving this resolution.

Policy Impact:

None

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:

Council Goals:

Environmental and Natural Resources: Actively manage and protect all environmental and natural resources.

Transportation and Other Public Infrastructure-Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.

Regional Plan:
 

Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.

Goal WR.2. Manage a coordinated system of water, wastewater, and reclaimed water utility service facilities and resources at the City level and identify funding to pay for new resources.

Goal WR.4. Logically enhance and extend the City’s public water, wastewater, and reclaimed water services including their treatment, distribution, and collection systems in both urbanized and newly developed areas of the City to provide efficient delivery of services.

Goal E&C.3. Strengthen community and natural environment resiliency through climate adaptation efforts.

Goal PF.2. Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.

Has There Been Previous Council Decision on This:

Yes.  The City Council approves annual budgets and awards contracts for the expenditures being reimbursed by debt financing.  Voters approved the Municipal Court Facilities Project.   Council approved water, wastewater and stormwater rates which included debt financing for capital projects.

Options and Alternatives:

  1. Approve the Reimbursement Resolution: This is the best option to allow the City the greatest flexibility to issue debt when it is most advantageous while allowing construction expenditures to occur; or
  2. Do not approve the Reimbursement Resolution:  If not approved, staff will need to quickly bring back a debt issuing ordinance for Council and would issue debt at the earliest possible time or projects would need to be delayed.

Background and History:

Municipal Court Facilities Project
On November 8, 2016, a general election was held by the City of Flagstaff whereby the citizens authorized the Municipal Court Facilities ballot measure.  This was for the purpose of design and construction of new facilities for the Flagstaff Municipal Court.  Voters authorized the issuance of $12,000,000 in general obligation debt. The City has not issued any debt.  We are planning on issuing the $12,000,000 in debt during Fiscal Year 2020.   These debt service payments will be made from secondary property taxes. In addition, as part of the financial planning for the new court facilities, an additional $4,000,000 will be necessary to complete the project.  This debt will be issues as a separate revenue obligation or certificate of participation and will be paid back with fees collected by the Flagstaff Municipal Court.  

Water and Wastewater Projects Financing
On April 19, 2016, Council adopted new rates for water and wastewater.  The rates were based on a formal rate analysis completed by a consultant.  The rate study included issuance of debt to finance water and wastewater capital projects.  Both water and wastewater rate studies estimated that the City would issue debt as early as the Fiscal Year 2016.  Both the Water Fund and Wastewater Funds were able to maintain adequate fund balance without financing projects until Fiscal Year 2019.  We recently issued $5,000,000 for water projects and $4,500,000 for wastewater projects in Fiscal Year 2019.  We are planning on issuing up to $3,000,000 for water projects and up to $4,000,000 for wastewater projects in Fiscal Year 2020 or 2021.  The debt service payments will be made from water and wastewater revenues.


Stormwater Projects Financing
On December 4, 2018, Council adopted new service charges for stormwater.  The service charges were based on a formal rate analysis completed by a staff.  The service charge analysis included issuance of debt to finance major stormwater capital projects.  We have not issued any debt to date.  We are preparing to issue up to $18,000,000 for stormwater projects in Fiscal Year 2020.  The debt service payments will be made from stormwater revenues.

Key Considerations:

IRS regulations are very specific as to what capital expenditures are eligible for reimbursement. These expenditures must be any cost of a type that is properly chargeable to a capital account (or would be or chargeable with a proper election) under general federal income tax guidelines.

Expanded Options and Alternatives:

Inform: This resolution informs the community of its intent to reimburse construction projects with future debt issuances.
Empower: The Citizens of Flagstaff approved the Municipal Court Facilities project at the November 2016 election.

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