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<br />December 9, 2008 <br /> <br />4. That the City Manager is further authorized and directed to take all such <br />further actions and execute and deliver all such other instruments as may be needed to <br />perform all the City's duties and to protect and enforce all the City's interest, rights and <br />powers under the Agreement. The City Manager shall report periodically to City Council <br />in a timely manner on all material progress and activity under the Agreement. <br /> <br />5. That Resolution No. R-07-09, adopted February 27, 0007, IS hereby <br />rescinded. <br /> <br />6. That this resolution shall take effect on the date of its adoption." <br /> <br />Ayes: Moody, Psimas, Randall, Smith, Whitehurst, Holley <br />Nays: Heretick <br /> <br />08 - 533 - Adoption of an ordinance authorizing the issuance and sale of up to a <br />$30,000,000 General Obligation Bond Anticipation Note to provide funding for Council- <br />approved Fiscal Years 2008 and 2009 Capital Improvement Projects. Vision Principle: <br />Thriving Neighborhoods and a Sense of Community, and a Robust and Prospering <br />Economy. <br /> <br />Background: <br />. Portsmouth requires funding for several Capital Improvement Program projects <br />authorized in the Fiscal Year 2008 and 2009 budgets. The City Council recently met to <br />prioritize and amend this list of projects to reduce the overall level of borrowing to <br />approximately $30 million. Davenport & Company LLC ("Davenport"), Portsmouth's <br />Financial Advisor, developed and presented to City Council a Plan of Finance that <br />recommends pursuing a three-year General Obligation Bond Anticipation Note ("BAN") <br />through Wachovia Bank, Portsmouth's primary depository institution. <br /> <br />Discussion: <br />. The credit markets have been extremely volatile for the past several months, <br />leading to an overall increase of 1.0% in the general level of tax-exempt municipal <br />interest rates. In addition, Portsmouth is currently at risk of violating its debt <br />management policy calling for debt service to be kept at or below 12% of General Fund <br />revenues. Taken together, these two facts lead Davenport and Staff to recommend that <br />the City not pursue a long-term fixed rate financing at this time. <br />. By issuing a BAN to acquire the necessary funds from Wachovia Bank, <br />Portsmouth would be able to make Interest-Only payments for up to Three Years, <br />thereby minimizinq the cash flow strain on subsequent year budqets and maintaininq <br />the City's compliance with its Debt Service-to-Revenues policy. <br />. The BAN strategy also takes advantage of a significant drop off in debt service in <br />Fiscal Year 2013. Portsmouth would be able to permanently finance the maturing BAN <br />in two to three years and blend the debt service seamlessly into its existing debt <br />structure. <br />. The BAN strategy allows the City to maintain its high debt payout ratio (ie; the <br />proportion of principal paid over the next ten years) at above 60%, which is a level the <br />Rating Agencies deem to be favorable. <br />. Wachovia Bank has offered Portsmouth a Three-Year BAN, prepayable after two <br />years, at an indicative (preliminary) rate of 4.5% as of October 28, 2008. The final <br />interest rate, which is fixed for the life of the loan, will not be set until the City Council <br />approves the financing after a public hearing and the City Manager executes a <br />Commitment Letter with Wachovia on or about December 10th. The indicative interest <br />rate as of November 21 st, the last business day before this Report was due to the City <br />Clerk, was 3.9 8%. The rate may change again, either lower or higher, before the City <br />Manager executes the Commitment Letter. The resolution authorizing the issuance of <br />the BAN (and eventual long-term bonds) set maximum interest rates of 6% and 7%, <br />respectively. <br />