Minutes 04-23-92MINUTES OF THE SPECIAL CITY COMMISSION WORKSHOP MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON THURSDAY, APRIL 23, 1992, AT 3:30 P. M.
PRESENT
Arline Weiner, Mayor
Jose Aguila, Commissioner
Edward Harmening, Commissioner
RObert Walshak, Commissioner
J. Scott Miller, City
Manager
Sue Kruse, City Clerk
CALL TO ORDER
Mayor Weiner called the meeting to order at 3:35 P. M.
City Manager Miller announced that the purpose of this meeting is
to discuss the Proposed Utility Refunding Bond Issue for Series
1985 and 1990.
INTRODUCTION BY MICHAEL HOLE OF SMITH BARNEY
Michael Hole of Smith Barney introduced David Levy of Smith
Barney, Mark Raymond of Moyle, Flanigan; and John Forney and
Craig Hunter of William R. Hough and Company.
Mr. Hole reported that both Series 1985 and 1990 bonds were
refundable and both contributed to savings that could be achieved
by the City, and that because both issues were contributing to
the savings, there was the opportunity to refund both of them,
which is the entire outstanding debt on the utility side. He
advised that any time you refund all of the bonds, you have the
opportunity to change covenants (a set of rules and regulations
bY which the Utility System of the City has to abide by). One
covenant he focused on was the Additional Bonds Test. He stated
this is the test which bascialty requires that when the City is
ready to issue new bonds, the City has to show that it not only
has enough revenues to meet 0 and M costs and the debt service,
but that it has a cushion. The Resolution provides for a 35%
cushion (a 1.35x test) which was appropriate in 1985. The
Utility System has grown and is considerably stronger today than
it was back then from a credit standpoint, and because of that,
he thinks it can be reduced to 1.10 to 1.15x Coverage which gives
the City a lot more flexibility and affordability as far as
issuing new bonds. Mr. Hole said that having a cost associated
with changing covenants is quite common. Most utility systems
around the State get in a situation where they are not really
aware of how much a certain outdated covenant is costing them
until they are ready to issue new bonds. When they do issue new
b~nds, they find out that while they have enough cash flow to
afford the new bonds, they do not have enough revenues or cash
flows to afford that 35% coverage and are forced into changing
c~venants at that time in order to be able to issue the new bonds
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BiOYNTON BEACH, FLORIDA APRIL 23, 1992
under a covenant they can afford. If interest rates are at nor-
mal levels (8 to 9%), chances are that is going to cost them
something. Mr. Hole felt the City could refund all the bonds,
take this opportunity to change the covenants, and actually save
money and not have it cost the City anything. He recommended
refunding the outstanding 1985 bonds and the outstanding 1990
bonds, in entirety, which would allow the City to write new reso-
lutions for the Utility System to abide by. He stated that at
the same time, there will be some debt service savings. He
suggested that if there is a bond issue and if there is any new
money requirements that might be appropriate to add to this bond
issue at this time, it might be appropriate to tack it on to
avoid going through a separate set of costs on a separate bond
issue. Mr. Hole asked for direction on whether the City
Commission wants to use this opportunity to try to modernize the
covenants now or wait until 1994 or 1995 when the next new money
issue may come up and then being forced to change it at that time
under an unknown interest rate.
POTENITAL SAVINGS - CRAIG HUNTER
Mr. Hunter briefly summarized the following three options for
potential savings: (1) Take the savings upfront in the first two
to five years; (2) Take savings each year (level annual savings)
over the life of the issue; and (3) Defer the savings, which
would shorten the debt. He said his company usually recommends
that their clients take either upfront savings because they
receive some immediate benefit, or take it level annual savings
over the life of the issue.
Commissioner Aguila wanted to know the pros and cons of each
option.
Mr. Hunter said the savings on this total refunding have fluc-
tuated between $550,000 present value savings to $900,000 present
value savings since January.
Mr. Hole advised that the draft resolution will be presented to
the rating agencies and insurers to see if they will sign off on
it.
Mr. Hunter said when you take savings upfront in the first one to
five years, generally what is going to happen is you are going to
capture that savings upfront and lower debt service for that
period of time. But after that period of time, the savings will
level off at the debt service level you currently have. In
reverse, if you take deferred savings and shorten your debt, you
are going to save money in the 27th through 30th year of your
debt, but in the 1st through the 26th year of your debt, your
debt service is really going to be about what it is now.
MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA APRIL 23, 1992
Mr. Hole said right now with interest rates where they are today,
i!t is between the 25th and 26th year. The original issue was 30
years. Right now, keeping all the debt service the same and just
Chopping off the back years, four years can be chopped off.
C~mmissioner Aguila asked if the amount of savings that the City
is hoping to achieve by its actions is to cut the debt service
back by four or five years. Mr. Forney explained that the debt
wiill remain essentially the same as it is now on an annual basis
and that it would stop four years sooner than it does right now.
POSSIBLE COVENANT CHANGES
Mr. Levy briefly reviewed the following possible covenant
changes:
Increase the City's borrowing capacity before rate increases
are necessary by reducing the Additional Bonds Test from 135x
Coverage to 1.10x - 1.15x Coverage.
Mr. Levy said this is to change the Additional Bonds Test (that
required cushion the City must have over operations, maintenance,
a~d debt service payments in order to issue new bonds). Mr. Levy
advised that his company has spoken to the insurers and the
rating agencies about this and has looked at other financings
and discussed other cities with them. He did not know exactly
where they are going to come out in terms of exactly what
Additional Bonds Test they will allow the City; however, he did
know that they will allow a substantially lower Additional Bonds
T~st.
in response to Commissioner Aguila, Mr. Levy said ten or fifteen
Percent is very common.
in response to Commissioner Harmening, Mr. Hole did not believe
the insurance rate would be raised with 1.10 as opposed to 1 15
or 1.20. '
C~mmissioner Aguila asked if the City is taking any more of a
r~sk at going in at 1.10 as opposed to 1.15 or 1.20. Mr. Hole
d%d not believe so.
COmmissioner Aguila inquired about the need for the cushion.
C~mmissioner Harmening advised that the purpose of the cushion is
sO the money is there to pay the debt service.
I~ was the consensus of the City Commission to reduce the
Additional Bonds Test to 1.10x Coverage.
2.i Provide flexibility in rate structure by lowering required
i coverage on current debt service from 1.25x Coverage to 1.10x
MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
APRIL 23, 1992
Coverage, and include only direct utility expenses in calcu-
lating coveraqe.
Mr. Levy advised that this is the rule that requires the City to
set water and sewer rates at a certain percentage above opera-
t!ions, maintenance expenses, and debt service charges. Currently
the rate covenant is set at 1.25x Coverage. It was recommended
that the City lower that rate covenant to 1.10x Coverage to keep
the City from having massive rate increases in the future to
accommodate the rate covenants and to allow the City to move into
steady, more gradual rate increases over time. It does not
require that the City reduce rates; it just gives the City the
flexibility to do so.
I~ was the consensus of the City Commission to lower the required
coverage on the current debt service to 1.10x Coverage.
Minimize the necessity for future rate increases by creating
a rate stabilization fund to be funded from future surplus
revenues.
Mr. Levy advised this would enable the City to create a fund out
of the Resolution which will allow the City to set aside surplus
mOnies into a fund specifically designed to pay debt service in
place of increasing rates in the future.
COmmissioner Harmening said the City has that now. Commissioner
Aguila asked why this cannot be done without creating a rate
stabilization fund. Mr. Raymond stated it is true that under the
current Resolution the City has a savings account. However, the
feature of a stabilization fund that the City does not have is
that the stabilization fund is taken into account in the addi-
tional bonds and rate covenant test. For example, if you take
money out of your savings account and use it to pay operation
eXPenses, then when you go into your rate covenant and your ad
bonds test, that amount of operating expenses is taken out of the
t~st. The City could use its savings, but it really does not get
any benefit from it.
Ms. Levy added that i% enables the City to meet the rate covenant
and Additional BOnds Test in the future, prevents the City from
having large rate increases, enabling the City to gradually phase
i~ rate increases.
It was the consensus of the City Commission that a rate stabili-
zation fund be created.
4~
Create combined Water, Sewer, and Stormwater Utility in reso-
lution, providing the City with an easy mechanism from which
to borrow for future stormwater improvements if ever
necessary. Also add Assessments as a Pledged Revenue.
MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA APRIL 23, 1992
Mr. Levy said this will enable the City Commission to add another
source of revenue to the Resolution.
Iin response to Commissioner Walshak, Mr. Levy advised that there
lis no covenant that allows for stormwater revenues, but there is
~othing to his knowledge that separates the water and sewer.
Mr. Raymond agreed that the 1985 Resolution treats the water and
siewer system as a combined utility and there is no distinction
miade between water and sewer purposes.
Mir. Hunter asked Commissioner Walshak if he was talking about the
ability to issue debt or the cost of those two systems·
C!arrie Parker, Assistant City Manager, thought Commissioner
W~lshak was asking if the City can expend water and sewer out of
the water and SeWer Fund for stormwater use. Mr. Forney advised
that any bonds the City issues under this Resolution are collat-
e~alized by both water and sewer revenues. Mr. Hole added that
the City cannot take water and sewer revenues out from th'
Re ..... is
so±u~lon to use for stormwater. Mr. Raymond said the term
"Dystem" does not contemplate a stormwater utility; it con-
templates only water and waste water.
It was the consensus of the City Commission to create a combined
Water, Sewer, and Stormwater Utility in resolution.
5~ Provide ease in obtaining bondholder approval if ever
necessary by allowing the Bond Insurer to approve certain
~ changes on behalf of all bondholders.
Mr. Levy said many bond issuers use bond insurance, especially in
the state of Florida. Other cities have been allowing the bond
insurer to act as the bondholders in the event that they ever
needed to change a certain covenant in the future. Sometimes the
o~ly option is to go to the bondholders and ask them if the cove-
n~nts could be cha~ged. Mr. Levy said this is a massive task.
M~. Hole added that there are certain covenants that cannot be
c~anged, even with bondholders. He suggested those that are
a±lowed to be changed by the bond insurer on behalf of the
b~)ndholders be included in the Resolution.
Cc)mmissioner Aguila asked if the sale of the bonds is in any way
j~opardized because the buyer would not have 100% control over
t]lem. Mr. Hole said it would not affect the interest rates at
a~.l. Mr. Forney added the insurers have a vested interest in
making sure the maintainages that are made are not to the detri-
ment of the bondholders because they are on the line financially
f6r any payments that the City falls short on
I~ was the consensus of the City Commission to allow the Bond
INsurer to approve certain changes on behalf of all bondholders.
MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA APRIL 23, 1992
Modify Impact Fee language to provide the City the option of
increasing the amount of pledged Impact Fees as the legal
limitation on such amounts Increases.
Mr. Levy advised that part of the pledged revenues the City has
under the current Resolution are Impact Fees, which are defined
by a certain formula. He proposed that under the new Resolution
the City enable itself, if it were legally able to levy a higher
Ii,pact Fee, to pledge all of that Impact Fee as opposed to just
tilat certain formula defined under the current Resolution.
M~. Raymond explained that an Impact Fee is a fee that is imposed
u)on someone and is designed to reflect an additional burden upon
ti~e system. Under current law, the City can only pledge Impact
F~es to the extent that the bond issue resulted in an increase in
t~e capacity of the system. The existing Resolution has a for-
m~la in it that reflects current law. The result of that is that
the City can only use a portion of the Impact Fees to pay debt
s~rvice. It is possible that over time the limitations currently
inposed by law will be loosened and if they are, it would be nice
tD have the Resolution loosen up along with the law. Mr. Hole
added it does not force the City to increase it, it just gives
the City an option to do so.
I~ was the consensus of the City Commission to modify Impact Fee
language to provide the City the option of increasing the amount
o~ Pledged Impact fees as the legal limitation on such amounts
i~creases.
7. Separate reserve funds for all future issues for ease in
calculating Arbitrage Rebate.
Mr. Levy explained this would enable the City to separate the
rsserve funds from each bond issue. Presently, every time new
bonds are issued, the City contributes additional money to one
common reserve which is used for all bond issues. He proposed
that each bond issue have its own reserve fund to enable the City
to calculate Arbitrage Rebates more easily and more inexpen-
sively. The City deposits money into a reserve fund and is only
entitled to earn interest on that up to the yield on the bonds
which that reserve fund is issued under. The bonds issued in
1985 have a yield of almost 9% and in 1990 the City issued bonds
which had a yield of approximately 7.3% or 7.4%. The City has
one reserve fund there. A portion of the reserve fund can only
earn up to 7.4%. Another portion can only earn up %o 9% and the
City has to give back to the Federal Government the amount that
it earned over those respective percentage rates by a certain
time. This proposed change in covenant will create two reserve
funds which could more easily track the Arbitrage earnings.
Nr. Raymond added this would make it easier for the accountant to
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA APRIL 23, 1992
calculate what, if 'anything, the City has to give back. It could
be performed without this change; it would just be more compli-
cated.
COmmissioner Harmening asked what would happen if the City had
positive Arbitrage in one reserve account but negative Arbitrage
in another reserve account. Mr. Raymond advised you would not be
able to offset it. He said the Internal Revenue Code would per-
form that separation for you. It is done on an issue by issue
basis.
It was the consensus of the City Commission to separate reserve
funds for all future issues.
8i. Allow interfund borrowings at market rates for limited
periods of time (18 mos.) or for General Fund transfers up to
a certain percentage of the system's net income after all
requirements are filled. Less than a certain percent by
Commission action, Greater that a certain percent by super-
majority vote.
Interfund Borrowings
Mr. Levy said this is to allow the Water and Sewer Fund, the
enterprise fund, to loan money to the General Fund. He advised
that the City would limit the amount of time and the interest
rate of a loan. He was not sure that the City cannot do this
now. However, this would make it clear that there would be no
doubt about the ability of the City to do that. Mr. Raymond
added that the Resolution is silent with regard to this.
Commissioner Harmening was opposed to this because it is awfully
sasy to borrow the money out and extremely difficultlto put it
kack. It encourages a wanton Commission to go into debt unnec-
sssarily. He pointed out that there is presently a loan which is
scheduled to be paid off in five years. Mr. Raymond advised that
~f the new Resolution is going to expressly prohibit interfund
korrowings, it would certainly have to make accommodations for
existing loans.
£1ommissioner Aguila asked for an explanation of the difference
k~etween borrowing and transferring. Mr. Hole said one you pay
k.ack and one you do not. Borrowing is a true loan. It is on the
k~ooks at a certain interest rate to be paid back over a certain
time period. A transfer is money that just goes out of the
ystem.
!ommissioner Walshak stated it is transferred for a reason, for
.dministrative costs and things of that nature. You do not just
.rbitrarily transfer money out of the Utility Fund. He thought
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA APRIL 23, 1992
i~ was the policy of this City for years to transfer only for
costs of an administrative nature.
M~. Hole said there are three concepts: (1) borrowing; (2)
transfers for administrative expenses; and (3) other transfers.
C(
)mmissioner Aguila did not think borrowing was a good move.
)mmissioner Walshak did not think the door should be locked on
lything and said the City may need a short term loan in the
lture. It gives the City some leeway to be able to move in case
an emergency. Commissioner Harmening said the City always has
e ability to borrow money elsewhere.
Lty Manager Miller stated he could not say that these type of
~venants are not seen highly by the bond rating institutions.
was the consensus of the City Commission not to allow
)rrowings. Commissioner Harmening directed that the Resolution
~flect that the existing ones be allowed to stay in place.
General Fund Transfers
M~. Levy said this refers to money that is taken from the Water
and sewer Fund and put into the General Fund or some other fund
after all requirements of the Water and Sewer Fund are met. This
i~ surplus money. It does not refer to the adminstrative expense
tLat the General Fund would charge the Water a~d Sewer Fund for
snared expenses that the General Fund incurs, such as payroll.
At this point in the meeting, Commissioner Walshak left the
Caambers.
CDmmissioner Harmening was in favor of transfers up to 20% of the
n~t profits after depreciation.
At this point in the meeting, Commissioner Walshak returned.
Commissioner Aguila expressed concern regarding "Commission
action". Commissioner Harmening did not believe any funds could
be transferred anywhere in the City without Commission action.
Mr. Raymond thought the Commission would have the authority to
delegate someone the power to do so. Mr. Hole said the example
given in covenant change number 8 calls for a regular majority
Commission vote for up to the 20% and then to the extent that if
there was reason to go aboVe it, either a supermajority or a
unanimous vote would be required.
In response to Commissioner Walshak, Mr. Forney said that
transfer for administrative purposes is taken into account in
arriving at that net income figure which that 20% or 15% would be
applied to.
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOyNTON BEACH, FLORIDA APRIL 23, 1992
A% this point in the meeting, City Manager Miller left the
Chambers.
COmmissioner Walshak asked if the City has been transferring in
the past. Ms. Parker advised that the City has done this once in
the past ten years.
A% this point in the meeting, City Manager Miller returned.
It was the consensus of the City Commission to allow for General
F~nd tranfers up to a certain percentage of the system's net pro-
fits up to 20% of a regular majority vote, with a provision to
allow up to 50% by supermajority, requiring four votes for
anything above the 20%, capped at 50%.
Mr. Raymond pointed out that the Commission prohibited borrowing
and permitted tranfers; therefore, the Resolution is going to
reflect that it is all right to give money away, but it may not
be required that it be repaid. Commissioner Harmening asked if
there were any problems with Ambach on this. Mr. Hole said he
h~s not discussed this particular detail with them.
Mr. Levy advised that what has happened in the past and what
h~ppens in many utilities is if they have closed resolutions,
they end up building up a massive pool of money. If you are
speaking to interfund borrowings, they could theoretically in a
single period of time go in and borrow $15,000,000.00 from a
U~ility Fund. This enables you to take 50% of your net profit
each year, but it does not enable you to accumulate that.
C~mmissioner Harmening said if you do not spend it for utility
p~rposes, you accumulate 50% of the net profit every year.
91 . Amend refunding provisions to allow for a partial refunding
! of a specific series of bonds.
I~ was the consensus of the City Commission to amend the
refunding provisions to allow for a partial refunding of a spe-
cific series of bonds.
iD. Delete current requirement that redemption notices be
! published in national publications.
I~ was the consensus of the City Commission to delete the current
r~quirement that redemption notices be published in national
p~blications.
11. Change sinking fund requirement to allow for the use of
variable rate debt.
Mr. Levy explained that this technically adjusts the sinking fund
so the City can use a variable rate debt in the future and pro-
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
B(~YNTON BEACH, FLORIDA APRIL 23, 1992
vide the City with some flexibility. Mr. Raymond stated the
current Resolution requires that a monthly deposit be made to the
sinking fund. The amount of the deposit is 1/6th of the interest
due on the next semi-annual interest payment date, and 1/12th of
the principal due on the next annual principal payment date. If
you have a variable rate debt, in order to determine how much
interest is owed on the next interest payment date, you would
simply pay that month's worth of interest on the variable rate
debt.
It was the consensus of the City Commission to change the sinking
f~nd requirement to allow 'for the use of a variable rate debt.
12. Allow for substitution of Reserve Fund Letter of Credit.
M~.'Levy said this would allow the City to go to a bank and get a
L~tter of Credit in place of the Reserve Fund and release those
reserved funds into the Water and Sewer Fund. Under the current
R~solution, the City can only go to a bond insurance company and
g~t a surety in place of the Reserve Fund. This allows the City
a~broader array of options. ·
CQmmissioner Aguila asked what kind of protection the citizens
have if the bank fails. Mr. Hole explained that the insurer will
insist on very restrictive language as to the rating requirements
oF the bank, the type of bank, etc. Mr. Forney said you Would
n~ver draw on the Letter of Credit unless you.were in a position
where you were not able to pay your debt service. Mr. Raymond
s~ated this is really no different than the investment of money.
I~ you have dollars in the Reserve Fund and you invest them in a
C~rtificate of Deposit in a certain bank and the bank fails, you
wDuld have still lost your money. Normally, what he has been
s~eing recently is that the Letter of Credit Bank has to be rated
in one of the two highest rating categories, AAA or AA, at the
time that you purchase it.
~r. Levy said you can issue bonds with a Reserve Fund Letter of
Credit and never fund a reserve fund with cash so it does not
always have to be an instance where you have a cash fund of
reserve and you are releasing that cash and replacing it with a
Letter of Credit. Sometimes it is an instance where you are just
issuing bonds in place of issuing 3 or 4 million dollars in new
konds to fund aReserve Fund. You are just issuing pure bonds
and getting a Reserve Fund Letter of Credit.
Nr. Hunter advised that he saw more clients that intended, when
they issued new money, to substitute a surety for the reserve
~ather than going back and cashing out their old reserve just
kecause it was the conservative thing to do. If you issue
30,000,000.00 in new money, your general reserve account
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
APRIL 23, 1992
requirement would be $3,000,000.00, roughly 10%, which means
instead of issuing $30,000,000.00 in bonds, you are going to have
tO issue $33,000,000.00. For a smaller fee, you could substitute
aisurety that requires somebody else to pay that reserve account
and you avoid issuing the additional $3,000,000.00 in bonds.
That is more than norm than the cash out provision. Mr. Levy
said many times the cash out provision, if it is ever used, is
u~ed in an instance where you issued $30,000,000,00 in bonds per
p~oject and found that you ran into cost overruns and you did not
want to borrow additional money because interest rates have
risen. By cashing out your reserve, you are just increasing your
b~rrowing at the lower rates-that you bonded for back when you
issued those additional bonds. In addition, you do have death
provision to go with an insurance company now. All this does is
expand the instrument that you could use to take the place of a
cash funded reserve.
I~ was the consensus of the City Commission to allow for substi-
tution of Reserve Rand Letter of Credit.
113. Liberalize definition of allowable investments.
Mr. Levy proposed that the Resolution define the types of invest-
ments that the City can make with reserve funds and with its rate
sltabilization fund or whatever funds it has under the Water and
eeWer Fund. This provision would enable the City to expand the
mber and types of investments to accommodate the new types of
vernment bonds that have been issued over the past five or six
ars.
Nr. Forney said there are all types of investments now issued
that were not contemplated to be issued when the original Resolu-
tion was drafted. These investments carry the same kind of
Guarantees that the City is already permitted to invest in.
kr. Hole said in today's market there are other things other than
~hat is in the current Resolution that an insurer would buy off
cn, although they are still going to be very restrictive. He
~sked if the City Commission wanted this area to be explored.
£ommissioner Aguila wanted to know what the options are.
Nr. Raymond recommended eliminating all references to obligations
cf savings and loan associations as being permitted investments
~nd eliminating the guaranty of the FSLIC as being worth
~nything. In response to Mayor Weiner, Mr. Raymond said the
entity no longer exists and it is not appropriate to refer to
~nvestments in it in the ResolutiOn. However, the new category
cf investment is called the pre-refunded municipal obligation.
~here is a tax advantage to the City in being able to invest in
the pre-refundeds. The whole concept of Arbitrage does not apply
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
APRIL 23, 1992
tO an investment in pre-refunded. If the City was able to issue
these bonds at 6% and find somebody else's pre-refundeds that are
9%, the City gets to pocket that 3%. Mr. Raymond said it is a
AAA investment. It is as good as a Government U. S. Treasury
obligation.
Mr. Hunter said he will draft a resolution, underlining those
allowable investments that have changed from the previous
Resolution, which he thinks should be changed, for discussion in
the future.
Delete current requirement that Publication of supplemental
resolutions be made.
Mr. Levy advised that there is a requirement in the current
Resolution to publish notification if any other supplemental
resolutions are adopted. If the City wants to issue additional
bonds in the future, under the current Resolution, the City
COmmission would have to vote on supplemental resolutions to
issue those bonds. The City would have to publish to the
bondholders the fact that it is adopting resolutions.
It was the consensus of the City Commission to delete this
requirement.
17. Redraft Debt Service Reserve Fund requirement.
Mr. Levy advised that under the current Resolution, the Debt Ser-
vice Reserve Fund requirement is set at the maximum annual debt
service on bonds. Therefore, if the maximum annual debt service
iS $4,000,000.00, the City has to deposit $4,000,000.00 into the
R~serve Fund. Under the new tax law, the City. is limited to
depositing the lesser of maximum annual debt service or 10% of
the par amount of bonds outstanding. He proposed the adoption of
ai Resolution which takes into account the changes that were made
in the 1986 Tax Act to allow the City to more easily deposit a
l~sser amount in the Reserve Fund. Mr. Hole said this would be
biringing current the Resolution with the current tax law.
Iit was the consensus of the City Commission to redraft the Debt
Siervice Reserve Fund requirement to take into account the changes
t!hat were made in the 1986 Tax Act.
118. Remove requirement that Contractors post performance bonds
i and retainage from Bond Resolution.
Mr. Levy advised that in the current Resolution, there is a
~equirement that contractors post performance bonds and
~etainage from bonds. Mr. Levy felt this is something the City
Can deal with outside of the Bond Resolution in a separate City
~rdinance.
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MINUTES - SPECIAL CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
APRIL 23, 1992
I~ was the consensus of the City Commission to remove this
requirement from the Bond Resolution.
SUMMARY
I~ was the consensus of the City Commission that bond council
proceed with drafting a resolution, present the package to the
rating agencies, prepare for a refunding issue, and submit some
alternative savings scenarios to the City Commission for dis-
cussion.
Mt. Hole said he will resubmit a resolution to the City
COmmission after it has been amended by an insurer.
AZ
)JOURNMENT
5ere being no further business, the meeting properly adjourned
5:18 P. M.
THE CITY OF BOYNTON BEACH
TTEST:
~i~ Clerk
~ecordihg Secretary
Two Tapes )
Mayor
Commiss~'r
13