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15249M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ORDINANCE NO. 15,249 AN ORDINANCE- ESTABLISHING.FORMAL POLICIES AND PROCEDURES TO BE FOLLOWED WHEN THE CITY APPROVES UTILITY RATES AND BOND ISSUES. WHEREAS, the City governing body is solely responsible for setting utility rates; and WHEREAS, the governing body is, with a few exceptions such as Ambulance Authority and Housing Facilities Board, responsible for approving new City bond issues and refinancing, restructuring, or defeasing current issues; and WHEREAS, the manner in which any type bond is issued in the name of the City affects the image of Little Rock's financial management, its bond ratings, and ultimately the price the City pays to borrow; and WHEREAS, the Board of Directors wishes.to establish formal policies and procedures to ensure uniform treatment of all city agencies in connection with requests for approval of utility rate increases and bond issues. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. APPROVAL OF UTILITY RATE INCREASES Any city agency requesting approval of a municipal utility rate increase will: A. Make a request in writing to the City Manager not less less than 60 days prior to the date formal approval is expected by the City Board of Directors. B. Provide with request one complete set of financial data and any and all other information required presented in an organized manner to justify the proposed rate increase. C. Provide a statement from a CPA firm (which may be the agency's independent auditor) which verifies correctness of financial data. 73 v- al M M M= M= M M r • 74 1 D. Assure the City Manager the proposed rate increase has 2 been reviewed and approved by the agency's legal staff 3 or counsel as to form and procedure. 4 SECTION 2. APPROVAL OF BOND ISSUES 5 Each city agency requesting approval of a new bond issue 6 or restructuring an existing issue will: 7 A. Make a request in writing to the City Manager not less 8 than 60 days prior to the date formal approval of the 9 bond issue or restructuring is expected by the Board of 10 Directors. The request will show the need for the bond 11 issue; the amount required; and the date funds are 12 needed. 13 B. Provide with the request one complete set of financial 14 data and any and all other information reqluired 15 presented in an organized manner for evaluation of the 16 bond issue request. 17 C. Provide a statement from a CPA firm (which may be the 18 agency's independent auditor) which verifies correctness 19 of financial data. 20 D. Assure the City Manager the proposal has been reviewed 21 and approved by the agency's legal staff or counsel 22 as to form and procedure. SECTION 3. SELECTION OF PROFESSIONAL SERVICES FOR RATE 23 INCREASES AND BOND ISSUES. 24 A. The selection by an agency of bond counsel, independent 25 financial advisor, or any other professional service 26 will be made in accordance with the provisions of City 27 Ordinance 15,221. The Assistant City Manager for 28 Administration will be a member of the review committee 29 established by Ordinance 15,221 for selection of bond 30 issue related professional services, and will inform 31 the City Manager of all proposed selections before 32 contracts are executed for such services. 33 SECTION 4. FaRMULATION OF BOND ISSUES AND SALE OF BONDS. 34 A. Any agency requesting approval of a bond issue may make 35 recommendations on formulation of the issue including 36 such items as the length of maturities, amortization 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 schedules, revenue pledges, early redemption provisions, discounts, good faith checks, provisions for advertising and marketing the bonds, etc. However, all of these will be reviewed in advance by the City's Finance Director for the purpose of formulating a recommendation to the Board of Directors. SECTION 5. SALE OF BONDS A.It will be a general policy of the City to sell bonds by competitive bidding. Exceptions to this policy may be made when the City finds unusual circumstances surrounding a proposed issue. In that event, a report is to be made to the Board of Directors before action is taken to market the bonds. Anticipated fluctuations in market conditions are not considered unusual circumstances. ADOPTED: February 17, 1987 ATTEST: APPROVED: CITY LERK Jn- ZECEI MAYOR LOTmIE SHACKELFO D.AS TO FORM: STODOLA, CITY ATTORNEY 75