HomeMy WebLinkAboutR2025-148 20251208RESOLUTION NO. R2025-148
A Resolution of the City Council of the City of Pearland, Texas, amending the
City’s Comprehensive Financial Management Policy Statement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Comprehensive Financial Management Policy Statement, a copy
of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby
amended.
PASSED, APPROVED and ADOPTED this the 8th day of December, A.D., 2025.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: A0AAB172-A93E-423D-95AD-FDAA31EED216
CITY OF PEARLAND, TEXAS
COMPREHENSIVE FINANCIAL MANAGEMENT POLICY
STATEMENTS
ADOPTED SEPTEMBER 2011
REVISED:
• NOVEMBER 2018;
• JUNE 2020;
• NOVEMBER 2021;
• JUNE 2022;
• SEPTEMBER 2024; and
• SEPTEMBER 2025
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Table of Contents
ACCOUNTING, AUDITING, AND FINANCIAL REPORTING ........................................ 4
BUDGET AND LONG-RANGE FINANCIAL PLANNING .............................................. 5
REVENUES ................................................................................................................. 9
EXPENDITURES ....................................................................................................... 10
FUND BALANCE AND RESERVES .......................................................................... 11
CAPITAL EXPENDITURES & IMPROVEMENTS ...................................................... 13
DEBT ......................................................................................................................... 16
CASH MANAGEMENT AND INVESTMENTS .............................................................. 21
GRANTS AND INTERGOVERNMENTAL REVENUES ................................................. 22
FINANCIAL CONSULTANTS ..................................................................................... 23
AUDIT COMMITTEE................................................................................................... 25
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PURPOSE
The Comprehensive Financial Management Policy Statements assemble all of the City’s financial
policies into one document. These statements are the tools used to ensure that the City is
financially able to meet its current and future service needs, maintain transparency, and good
stewardship of public resources. The individual statements contained herein serve as guidelines
for both the financial planning and internal financial management of the City.
These Policy Statements are subject to State law and the City Charter. Municipal resources must
be wisely used to ensure adequate funding for the services, public facilities, and infrastructure
necessary to meet immediate and long-term needs. These policy statements safeguard the fiscal
stability required to achieve the City’s objectives and ensure long-term financial health.
Objectives
A. To guide City Council and management policy decisions that have significant fiscal impact.
B. To employ balanced revenue policies that provide adequate funding for services and
service levels.
C. To maintain appropriate financial capacity for present and future needs.
D. To implement effective risk management strategies to mitigate financial risks and
uncertainties.
E. To maintain sufficient reserves to maintain service levels during periods of economic
downturn.
F. To promote sound financial management by providing accurate and timely information on
the City’s financial condition.
G. To protect the City’s credit rating and provide adequate resources to meet the provisions
of the City’s debt obligations on all municipal debt.
H. To promote practices regarding debt management and issuance that prioritize the
evaluation of borrowing options and the effective management of debt service obligations.
I. To ensure the legal use of financial resources through an effective system of internal
controls.
J. To promote cooperation and coordination with other governments and the private sector
in financing and delivery of services.
K. To implement effective risk management strategies to mitigate financial risks and
uncertainties.
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I.
ACCOUNTING, AUDITING, AND FINANCIAL REPORTING
Maintain accounting practices that conform to Generally Accepted Accounting Principles (GAAP)
and comply with prevailing federal, state, and local statutes and regulations. Provide for, prepare
and present regular reports that analyze and evaluate the City’s financial performance and
economic condition.
A. Accounting Practices and Principles
The City will maintain accounting practices that conform to Generally Accepted Accounting
Principles (GAAP) as set forth by the Governmental Accounting Standards Board (GASB),
the authoritative standard setting body for units of local government. All City financial
documents, except interim financial reports, including official statements accompanying
debt issues, Comprehensive Annual Financial Reports and continuing disclosures
statements will meet these standards.
B. Financial and Management Reporting
Interim Financial Reports will be provided monthly and/or quarterly to management and
City Council that explain key economic and fiscal developments and note significant
deviations from the budget. These reports will be distributed by the end of each month for
the prior month.
As an additional independent confirmation of the quality of the City’s financial reporting,
the City will annually seek to obtain the Government Finance Officers Association
Certificate of Achievement for Excellence in Financial Reporting.
C. Annual Audit
1. Statutory Requirement – Completion of Audit
Pursuant to State Statute, the City shall have its records and accounts audited
annually and shall have an annual financial statement prepared based on the audit.
The audit shall be performed by a certified public accounting (CPA) firm, licensed to
practice in the State of Texas. The annual financial statement, including the auditor’s
opinion, shall be filed within 180 days after the last day of the City’s fiscal year. The
audit firm shall also provide a Single Audit of Federal and State grants, when
necessary. An official Annual Comprehensive Financial Report shall be issued no later
than six (6) months following the end of the fiscal year, so as to avoid applicable
statutory penalties promulgated by Chapter 103, Section 103.005 of the Texas Local
Government Code. The Director of Finance shall be responsible for establishing a
process to ensure timely resolution of audit recommendations.
2. Audit Committee
The Mayor shall appoint the City Council Audit Committee, consisting of at least three
members of the City Council, with the Mayor being one of the members. The primary
purpose of the audit committee is to assist City Council and the City Manager in
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fulfilling oversight responsibilities for financial reporting, audit processes, and effective
internal control systems. The City shall maintain an Audit Committee Charter which
outlines the duties and responsibilities of the Audit Committee.
3. Annual Financial Disclosure
As required by the Securities and Exchange Commission (SEC) Rule 15c2-12, the
City will provide certain annual financial information to various information repositories
through disclosure documents or set of documents that include the necessary
information. This will include any periodic materials event notices as required by the
SEC.
D. Signature of Checks
Pursuant to the City Charter, all checks shall have two signatures: one being that of the
City Manager or Mayor; and the other being that of the City Secretary, or the Director of
Finance. Component unit check signers are officers elected by the board, where
applicable. Component unit’s checks shall also have two signatures.
E. Compliance with Council Policy Statements
The Financial Management Policy Statements will be reviewed annually and updated,
revised or refined as deemed necessary. Policy statements adopted by City Council are
guidelines, and occasionally exceptions may be appropriate and required. Exceptions will
be identified, documented, and approved by City Council and/or the City Manager.
II.
BUDGET AND LONG-RANGE FINANCIAL PLANNING
A. Balanced Budget
The City shall annually adopt a balanced budget where annual revenues plus other means
of financing such as fund balance are equal to or exceed operating expenditures. Any
increase in expenditures, decrease in revenues, or combination of the two that result in a
budget imbalance will require budget revision, rather than spending unappropriated
surpluses or designated reserves. Any year end operating surpluses will revert to
unappropriated balances for use in maintaining reserve levels and balance will be
available for capital projects and/or “non-recurring” expenditures.
B. Current Funding Basis (Recurring Revenues)
The City shall budget and operate on a current funding basis. Recurring expenditures shall
be budgeted and controlled so as not to exceed current revenues. Recurring expenses
will be funded exclusively with recurring revenue sources to facilitate operations on a
current funding basis.
C. Use of Non-Recurring Revenues
Non-recurring revenue sources, such as a one-time revenue remittance of fund balance
in excess of policy can only be budgeted/used to fund non-recurring expenditures, such
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as capital purchases or capital improvement projects. This will ensure that recurring
expenditures are not funded by nonrecurring sources.
D. Property Tax Rate
The City Manager will recommend a property tax rate that the City finances require in
order to operate efficiently, yet effectively, and pay its debt.
1. Homestead Exemption
The City shall review the homestead exemption annually as part of the budget process.
When the financial health of the City’s finances and economic and market conditions
of the local economy justify, the City Manager may recommend a change to the
homestead exemption. In accordance with state statute, any recommended change in
the homestead exemption will be presented to Council for approval prior to July 1. The
total exemption percentage granted shall not exceed the state statute limitation.
2. Over-Age and Disabled Persons Exemptions
The City currently grants a $40,000 exemption for persons 65 or older and for disabled
persons. This amount shall remain stable during a period in which the City is
considering increasing the homestead exemption.
E. Pay As You Go Capital Projects
The transfer from the City’s General Fund and the City’s Utility Fund to fund pay-as-you-
go capital projects will be budgeted when financially feasible and when projects present
themselves for funding. The transfer will be based on the financial health of each fund with
the long-term goal of adequately funding rehabilitation.
F. Revenue Estimating for Budgeting
To protect the City from revenue shortfalls and to maintain a stable level of service, the
City shall use a conservative, objective, reasonable and analytical approach when
preparing revenue estimates. The process shall include historical collection rates,
trends, development, and probable economic changes. This approach is intended to
reduce the likelihood of actual revenues falling short of budget estimates and should
avoid mid-year service changes.
The City, whenever possible, will seek outside sources of revenue, such as federal,
state, and local grants, to leverage local dollars.
Estimates from grant sources will be projected only to the specific date on which the
entitlement will end.
G. Performance, Merit Pool, and Police Step Increases
The budget shall include an amount adequate to cover salary increases such as
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performance, merit pool, police step increase and cost of living adjustment. This amount
will be calculated for each fund, based on budgeted salaries for the year. In addition, funds
may be budgeted when appropriate, to bring identified jobs up to market salary rates.
H. Budget Preparation
1. The annual budget shall be prepared in accordance with City Council Strategic
Priorities.
2. Department Directors have primary responsibility for formulating budget proposals.
New or expanded services should support City Council goals, City Manager priority
direction and department goals. Departments are charged with implementing them
once they are approved.
3. All competing requests for City resources will be weighted within the formal annual
budget process.
4. Actions on items that come up throughout the year with significant financial impacts
should be withheld until they can be made in the full context of the annual budget
process and long- range plan unless unforeseen circumstances present themselves.
5. Annually, the City will seek to obtain the Government Finance Officers Associate
Distinguished Budget Presentation Award. The Budget will be presented in a way that
not only meets the criteria of the award, but also clearly communicates the budget to
the public.
I. Budget Management
The City Council shall delegate authority to the City Manager in managing the budget after
it is formally adopted by the City Council, including the transfer of funds within
departments, between divisions, and between departments. The City Manager may further
delegate levels of authority for the daily operations of the budget. Expenditures/expenses
are legally adopted by the fund level. Expenditures/expenses should not exceed the
adopted budget, plus subsequent changes approved by the City Council.
J. Amended Budget
To preserve fund balances and ending balances based on projected revenues and
expenditures/expenses for the current fiscal year, City Council will amend the annual
budget for all funds, excluding capital improvements funds, as set forth in the projections.
City Council will amend the current fiscal year budget annually during the budget process.
K. Performance Measurement
Performance measures will be utilized and reported in department budgets. The City will
maintain a measurement system that reports trends and comparisons to targets and
previous year as a management tool to monitor and improve service delivery.
L. Operating Deficits
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The City shall take immediate corrective action if at any time during the fiscal year
expenditure and revenue re-estimates are such that “net income” is lower than budgeted.
Corrective actions include:
a. deferral of capital equipment purchases;
b. deferral of pay-as-you go capital improvements;
c. expenditure reductions;
d. deferral of certain positions;
e. hiring freezes;
f. freeze salary increases;
g. use of fund balance;
h. use of volunteers;
i. increase fees;
j. reduce work hours with subsequent reduction in pay; and/or
k. eliminate positions which may require laying-off employees if there are no other
vacant positions for which they are qualified.
Short-term loans as a means to balance the budget shall be avoided.
The use of fund balance, which is a one-time revenue source, may be used to fund an
annual operating deficit, only with a subsequent approval of a plan to replenish the fund
balance if it is brought down below policy level.
M. Long-Range Financial Plans
1. The City shall develop and maintain a multi-year Financial Forecast for each major
operating fund, in conjunction with the annual budget process. Major operating funds
are as follows:
• General Fund;
• Debt Service Fund;
• Water/Sewer Utility Fund; and
• Economic Development Corporation
2. The forecast should enable current services and current service levels provided to be
sustained over the forecast period. Operating impacts from completed capital
improvement projects in the City’s five-Year CIP shall be included in the forecast.
Commitments and/or obligations already made that require future financial resources
shall also be included.
3. The forecasts should identify impact to property taxes and utility rates.
4. Major financial decisions should be made in the context of the Comprehensive Plan.
The forecast assesses long-term financial implications of current and proposed policies,
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programs, and assumptions that develop appropriate strategies to achieve the City’s goals. The
forecast will provide an understanding of available funding; evaluate financial risk; assess the
likelihood that services can be sustained; assess the level at which capital investment can be
made; identify future commitments and resource demands; and identify the key variables that
may cause change in the level of revenue.
III.
REVENUES
Design, maintain and administer a revenue system that will assure reliable, equitable, diversified,
and sufficient revenue stream to support desired City services.
A. Balance and Diversification in Revenue Sources
The City shall strive to maintain 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 adversely impact that source.
B. User Fees - General Fund
1. For services that benefit specific users, the City shall establish and collect fees to
recover the costs of those services. Where services provide a general public benefit,
the City shall recover the costs of those services through property and sales taxes.
2. At a minimum, the City will strive to cover direct costs.
3. User fees should be reviewed annually and adjusted as deemed necessary to avoid
sharp changes.
4. Factors in setting fees shall include, but not be limited to market and competitive
pricing, effect of demand for services, and impact on users, which may result in
recovering something less than direct, indirect, and overhead costs.
5. The City may set a different fee for residents versus non-residents.
6. User fees should be adopted by Council Ordinance and included in the Annual Fee
Schedule.
C. User Fees - Enterprise Funds
1. Utility rates and other Enterprise Fund user fees shall be set at levels sufficient to cover
operating expenditures (direct and indirect), meet debt obligations and debt service
coverage, provide payas- you-go funding for capital improvements, and provide
adequate levels of working capital.
2. The City may set a different fee for residents versus non-residents.
3. The multi-year Financial Plan (rate model) and proposed operating budget shall serve
as the basis for rate change considerations.
4. When necessary, the multi-year Financial Plan (rate model) will be built around small
rate increases annually versus higher rate increases periodically.
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5. Enterprise Fund rates will be reviewed annually, taking into account Consumer Price
Index (CPI), operating costs, infrastructure investment needs, and other factors.
D. One-Time/Unpredictable Revenue Sources
1. One-time, unpredictable revenue sources should not be used for ongoing
expenses/expenditures.
2. One-time, unpredictable revenue sources will be used or one-time purchases such as
increase in fund balance requirements, capital equipment purchase, capital
improvements, etc.
E. Revenue Collection
The City shall maintain high collection rates for all revenues by monitoring monthly
receivables. The City shall follow an aggressive, consistent, yet reasonable approach to
collecting revenues to the fullest extent allowed by law for all delinquent taxpayers and
others overdue in payments to the City.
Revenues collected will be compared to budgeted revenues by the Director of Finance
and any variances considered to be material will be investigated. This process will be
summarized in the interim financial report. (See Financial and Management Reporting.)
F. Write-Off of Uncollectible Receivables (excludes property taxes, court fines and warrants)
1. Receivables shall be considered for write-off as follows:
a. State statute authorizing the release of extinguishment, in whole or in part, of
any indebtedness, liability, or obligation, if applicable; and/or
b. accounts outstanding for 3 years, identified as uncollectible, and all attempts
to collect have been taken.
2. Accounts shall be written-off annually near year-end. Upon approval, accounts will be
forwarded to a credit reporting agency.
3. The write-off of uncollected accounts is a bookkeeping entry only and does not release
the debtor from any debt owed to the City.
IV.
EXPENDITURES
Identify services, establish appropriate service levels, and administer the expenditure of available
resources to assure fiscal stability and the effective and efficient delivery of those services.
A. Maintenance of Capital Assets
Within the resources available each fiscal year, the City shall maintain capital assets and
infrastructure at sufficient level to protect the City’s investment, to minimize future
replacement and maintenance costs, and to maintain service levels.
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B. Periodic Program/Services Reviews
The City Manager and staff shall undertake periodic reviews of City programs and services
for both efficiency and effectiveness. Programs or services determined to be inefficient
and/or ineffective shall be recommended through the annual budget process to be
reduced in scope or eliminated.
C. Purchasing
All City purchases of goods and services shall be made in accordance with statutory
provisions in the Texas Local Government Code, the City’s current Purchasing Policy,
and/or applicable federal regulations associated with grant-funded procurement
activities. In addition:
• Neither the initial term nor the renewal term(s) of a contract will exceed five (5)
years unless agreed by a super majority of City Council.
• In the case of a contract that does not require City Council approval, only the City
Manager is authorized to enter into a contract exceeding five (5) years.
Contracts for grant-funded programs, services, and/or projects should be limited to the
term of available grant funding, with the exception of those that involve local matching
funds and/or that have multi-year funding implications beyond available grant funding.
Upon the expiration of the term of a contract (including renewal terms), the City shall
obtain competitive pricing for the goods and services in accordance with its Purchasing
policies.
V.
FUND BALANCE AND RESERVES
Maintain the fund balance and working capital of the various operating funds at levels sufficient
to protect the City’s credit worthiness as well as its financial position during emergencies or
economic fluctuations.
A. General Fund Unrestricted Fund Balance
The City shall maintain the General Fund unrestricted fund balance equivalent to 90 days
of the total operating expenditures of the General Fund. If the fund balance exceeds this
amount, funding non-recurring expenditures in the following fiscal year may be used to
draw down the balance.
B. Water/Sewer Unreserved Working Capital
The City shall maintain a working capital sufficient to provide for reserves for emergencies
and revenue shortfalls. A cash equivalent operating reserve will be established and
maintained at 15% of the current year’s budget appropriation for total operating expenses
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in the Water/Sewer operating fund. A separate Water/Sewer debt service reserve shall be
maintained in the Water/Sewer debt service fund.
C. Use of Fund Balance/Working Capital
Fund balance/Working Capital shall only be used for emergencies, non-recurring
expenditures/expenses or major capital purchases that cannot be accommodated through
current year savings. Should such use reduce balances below the level established as the
objective for that fund, restoration recommendations will accompany the request/decision
to utilize said balances.
D. Debt Service Fund Unrestricted Fund Balance
The City shall maintain a debt service fund balance as mandated by bond ordinances and
allowable by statute, up to 10% of annual debt principal and interest obligations, whichever
is greater.
E. Property/Liability Insurance Fund Unrestricted Fund Balance
The Property/Liability Insurance Fund accounts for uninsured and deductible claims for
the City’s property and liability insurance. Claims cannot be reasonably predicted and
budgeted for; therefore, the fund will maintain a fund balance of no less than 25% of annual
budgeted expenditures.
F. Employee Benefits Fund Unrestricted Fund Balance
The Employee Benefits Fund is funded through City and employee contributions.
Estimated costs shall be determined during each budget year and the contributions
adjusted accordingly. There is no minimum balance for this fund.
G. Economic Development Corporation
As sales tax revenue fluctuates due to changes in economic conditions, the PEDC may
maintain a fund balance of no less than 10% of budgeted sales tax revenues.
H. Bond Issuance Reserves
Debt service reserves should be maintained for each bond issue as required by bond
covenants.
I. Contingency Appropriation
Pursuant to the City Charter, a provision shall be made within the annual budget for a
contingency account in an amount not more than one percent of the General Fund
expenditures to be used in case of unforeseen items of expenditure.
J. Fund Balance Classification
The governmental fund financial statements will present fund balances based on
classifications that comprise a hierarchy that is based primarily on the extent to which the
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City is bound to honor certain constraints on the use of the financial resources within the
governmental funds. The classifications used will be as follows:
1. Non-spendable: Amounts that cannot be spent because they are either (a) not in
spendable form or (b) legally or contractually required to be maintained intact.
Examples include Inventories, prepaid items, and long-term receivables.
2. Restricted: Amounts for which constraints have been placed on the use of resources
either:
a. externally imposed by creditors, grantors, contributors, or laws or regulations
of other governments; and/or
b. imposed by law through constitutional provisions or enabling legislation.
Restricted fund balances include but may not be limited to: Debt Service Reserves,
Special Court Funds created by State Statute, Debt Service Funds, Hotel Occupancy
Tax, State and Federal Forfeitures/Seizures, Parkland, Detention, Sidewalk, Tree
Trust, and Park and City-Wide Donation revenues, unspent bond proceeds, unspent
grant funds, unspent Capital Lease proceeds, and unspent funds received pursuant to
funding, developer, and/or TxDOT agreements.
3. Committed: Amounts that can only be used for specific purposes pursuant to
constraints imposed by formal action of the City Council. These amounts cannot be
used for any other purpose unless the City Council removes or changes the specified
use by taking the same type of action that was employed when the funds were initially
committed.
4. Assigned: Amounts that are constrained by the City’s intent to be used for specific
purposes but are neither restricted nor committed. In governmental funds other than
the general fund, assigned fund balances represent the amount that is not restricted
or committed. This indicates that those resources are, at a minimum, intended to be
used for the purpose of that fund. Examples include residual funds in all governmental
funds except the General Fund and outstanding encumbrances at year-end.
5. Unassigned: Is the residual classification of the general fund and includes all amounts
not contained in other classifications. Unassigned amounts are technically available
for any purpose.
Commitment of Fund Balance:
The City Council is the City’s highest level of decision-making authority and the formal
action that is required to be taken to establish, modify, or rescind a fund balance
commitment is an ordinance approved by the City Council at a regular City Council
meeting. The ordinance must either be approved or rescinded, as applicable, prior to the
last day of the fiscal year for which the commitment is made. The amount subject to the
constraint may be determined in a subsequent period.
Order of Expenditure of Funds:
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When multiple categories of fund balance are available for expenditure, the City would
typically use Restricted fund balances first, followed by Committed, and then Assigned,
but reserves the right to selectively spend from any of the categories, including
Unassigned based upon the individual circumstances.
VI.
CAPITAL EXPENDITURES AND IMPROVEMENTS
Annually review and monitor the state of the City’s capital equipment and infrastructure, setting
priorities for its replacement and renovation based on needs, funding alternatives, and availability
of resources.
A. Capitalization Threshold for Tangible Capital Assets
1. Tangible capital items should be capitalized only if they have an estimated useful life
of 1 years or more following the date of acquisition or significantly extend the useful
life of the existing asset and cannot be consumed, unduly altered, or materially
reduced in value immediately by use and have a cost of not less than $10,000 for any
individual item.
2. The capitalization threshold of $10,000 will be applied to individual items rather than
to a group of similar items (i.e.: desks, chairs, etc.).
3. To maintain adequate control over non-capitalized tangible items, items costing
$1,000 - $9,999 will be monitored, tagged, and tracked through the City financial
software system.
4. Accurate inventories of all tangible items will be maintained to ensure proper
stewardship of public property.
B. Five-Year Capital Improvement Plan (CIP)
1. The City shall annually prepare a five-year capital improvement plan based on the
needs for capital improvements and equipment, the status of the City infrastructure,
replacement and renovation needs, and potential new projects. Capital projects are
improvements or additions to the City’s physical plant/facilities/infrastructure and
become a part of the City’s asset inventory. Capital projects can be further categorized
into land, buildings, improvements other than buildings, and infrastructure, which
includes roads, sidewalks, bridges, utility lines, physical plants, etc. Capital costs
typically consist of preliminary design, final design, and construction, and may involve
the acquisition of land or easements. For purposes of the CIP Plan, a Capital
Improvement Project should exceed a cost of $100,000.
2. Capital projects in the CIP should be based on master plans or developer agreements.
Examples include Water and Wastewater Modeling Plans, Thoroughfare Plan, Parks
Master Plan, Trail Plan, and Municipal Facilities Plan. For every project identified in
the CIP, a project scope and project justification will be provided. Also, project costs
shall be estimated, funding sources identified, and annual operation and maintenance
costs computed.
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3. The Planning and Zoning Commission will be provided opportunities to review the list
of CIP projects for the CIP and may suggest additions and/or changes to the plan as
appropriate. Pursuant to the City Charter, the Planning and Zoning Commission
makes recommendation to the City Manager.
4. The City Manager is charged with recommending a Capital Improvement Plan to City
Council. The CIP shall be filed and adopted in conjunction with the annual budget.
5. Annually, through the budget process and at year-end, projects are to be reviewed.
For those identified as complete, any remaining funds will close to fund balance. For
those projects with identified savings, the project budget will be reduced, and the
subsequent savings will flow to fund balance. These funds can then be re-appropriated
during the next fiscal year capital budget. Funds remaining from bond proceeds will
only be used in accordance with the legal use of those funds.
6. Appropriations for capital projects are for the life of the project; therefore, re-
appropriation of capital funding for each fiscal year for budgeted projects is not
necessary.
C. Infrastructure Evaluation and Replacement/Rehabilitation
Water, wastewater, drainage, street lighting, streets and sidewalks, municipal facilities
and other infrastructure are fundamental and essential functions for public health and
safety, environmental protections, and the economic well-being of the City. As a result,
the City’s CIP should be focused on ensuring that infrastructure is replaced as
necessary to protect the City’s investment, to minimize future replacement and
maintenance costs, and to maintain existing levels of service and accommodate growth.
1. High priority should be given to replacing/rehabilitating capital improvements prior to
the time that they have deteriorated to the point where they are hazardous, incur high
maintenance costs, negatively affect property values, or no longer serve their intended
purpose.
2. The decision on whether to repair, replace or to rehabilitate an existing capital asset
will be based on which alternative is most cost-effective, which would include life-cycle
costing, and provides the best value to the City.
D. Replacement of Capital Assets on a Regular Schedule (Fleet, Fire Trucks, and High-Tech)
The City shall annually prepare a schedule for the replacement of its fleet, fire trucks, and
high technology capital assets. Funding for the replacement of these assets will be
accomplished through the annual budget process, within the resources available each
fiscal year.
E. Capital Expenditure Financing
The City recognizes that there are three basic methods of financing its capital
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requirements: Funding from current revenues; funding from fund balance; or funding
through the issuance of debt. Types of debt and guidelines for issuing debt are set forth
in the Debt Policy Statements.
F. Pay-As-You-Go Capital Improvements
1. The City will pay cash for capital improvements within the financial affordability of each
fund versus issuing debt when funding capital improvements and capital purchases.
This will reduce/minimize the property tax and utility rate impacts on Pearland citizens.
2. The City will seek out and use intergovernmental funding sources for capital
improvements to leverage City funding and to minimize property and utility rate
impacts.
G. Capital Improvements/Project Reporting
A summary/status report on the City’s various capital projects will be prepared monthly
and available to the City Manager and to City Council. Financial Reports on the City’s CIP
funds will be prepared monthly and include budget-to-actual for each project as well as
list of major contracts, expense to date, and project balances.
VII.
DEBT
Establish guidelines for debt financing that will provide needed facilities, land, capital equipment
and infrastructure improvements while minimizing the impact of debt payments on current and
future revenues.
A. Use of Debt Financing
Debt financing, to include general obligation bonds, revenue bonds, certificates of
obligation, certificates of participation, lease/purchase agreements, and other obligations
permitted to be issued or incurred under Texas law, shall only be used to purchase capital
assets that cannot be prudently acquired from either current revenues or fund balance
and to fund infrastructure improvements and additions. Debt will not be used to fund
current operating expenditures.
The City will pay cash for capital improvements within the financial affordability of each
fund versus issuing debt when funding capital expenditures and capital improvements,
which shall include, but not be limited to, sales tax, utility system revenues, developer
fees, inter- local agreements, and state and federal grants.
B. Affordability
The City shall use an objective analytical approach to determine whether it can afford to
issue general purpose debt, both General Obligation and Certificates of Obligation,
water/sewer debt, sales tax revenue debt, and any other financing permitted by State law.
The process shall include an internal feasibility analysis for each long-term financing which
analyzes the impact on current and future budgets, which would include the tax and utility
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rates. The process shall also include the benefits of the proposed projects. The decision
on whether to issue new debt shall be based on the benefits of the project, current
conditions of the municipal bond market, and the City’s ability to “afford” new debt.
The City will issue general obligation debt as permitted by State law.
C. Types of Long-Term Debt
1. General Obligation Bonds (GO)
a. General Obligation bonds require voter approval and are secured by a promise to
levy taxes in an amount necessary to pay annual debt service.
b. General Obligation bonds must be issued for projects that are in accordance with
the wording in the bond proposition.
2. Certificates of Obligation
Certificates of Obligation (COs) may be issued by a majority vote of the City Council
as provided in State law. A separate general voter approval to finance any public works
project or capital improvement, is not required for the issuance of COs. There are
additional layers of reporting and consideration required by State law as it pertains to
Certificates of Obligation. That is, the COs must be advertised in advance in the
newspaper of record and after adoption, there is an opportunity for petition of voters
to be circulated and if the signatures are sufficient, to force a vote of approval or
rejection of the COs.
Once issued, COs may only be utilized for the projects specified in the CO issuance
and may not be transferred to other projects not listed in the issuance documentation.
With the passage of House Bill 1378 from the 84th Legislative Session (2015), entities
are prohibited from utilizing COs for any project(s) that voters rejected in the preceding
three years, except in instances related to public calamity, public health, unforeseen
damage, or state and federal regulatory compliance. For example, if a traffic
improvement is placed into a GO bond issuance and the issuance is voted down by
the public, COs cannot be used to fund that project for the next three years. The risk
of entering a 3-year waiting period for critical projects should be evaluated before
placing projects that could be funded with COs onto the GO track.
It is the City of Pearland’s policy to use Certificates of Obligation to finance public
improvements in certain circumstances and only after determining the City’s ability to
assume additional debt and as part of the overall approved Capital Improvement
Program which stems from a variety of master plans and strategies. CO projects
should be explicitly linked to existing master plans whenever possible in presentations
to Council and the public.
Since CO issuances are not voted on directly by the public, the City shall take extra
steps to promote transparency and accountability before COs can be used by the City
Council. To accomplish that the following items will be completed by the Finance
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Department:
a. A list of all projects funded by COs, along with details about the projects,
project costs, and location shall be published to the City’s Finance
website.
b. A link to information about proposed and active CO projects shall be
posted on the City’s website and public notice given through other
channels with the goal of informing the public about planned CO use.
c. The list of proposed and active CO projects will begin with projects that
were funded with COs sold after FY2015.
To maintain transparency and accountability, once a project is approved to use COs
via adoption of the CIP the funding mechanism will remain as COs for the project
unless another funding mechanism can be substituted that saves money without
downscaling, delaying, or cancelling the project.
Each new project brought forward to City Council as part of the CIP budgeting process
that uses COs as a funding source must specify which of the following circumstances
apply to the project and explain why those items are applicable.
The list of projects funded by COs, will identify which of the circumstances below (a-f)
apply to the project.
a. In limited circumstances, the City may issue COs when there is insufficient funding
caused by project delays, inflation, scope changes, or other unforeseen factors on
a general obligation bond-financed capital improvement project. For a project to be
eligible for CO funding under this part of the policy, the funding gap to be covered
by a CO issuance must be at least 10% of the original projected cost(s) advertised
to the public at the time of the bond referendum. The total amount being issues
should not exceed 25% of the total original projected cost(s) advertised to the public
at the time of the bond referendum, or 5% for each year the project has been
delayed.
b. The City may issue COs when “emergency” (urgent, unanticipated) conditions
require a capital improvement to be funded rapidly. Use of this clause is restricted
to:
i. Emergencies caused by weather, climate, or economic disasters.
ii. Criminal acts necessitating the need for repairs.
iii. Emergency repairs to city facilities and infrastructure that were not foreseen
and are deemed critical to continued operation or to avoid significant future
financial repercussions.
iv. Federal or State mandates that require significant unplanned and unfunded
expenses.
v. The designated Facilities Fund lacks sufficient funding for major repairs or
replacements that would cause a significantly higher expense if left
unrepaired.
c. The City may issue COs for projects when the City can leverage dollars from
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sources outside the General Fund (including HGAC, enterprise funds, Federal or
State grant funds, TIRZ, TIP, developer reimbursement, etc.) to reduce the City’s
ultimate general total capital cost for a community improvement with the goal to
achieve three dollars for every Pearland CO dollar.
d. The City may issue COs for projects determined to be in the best interest of the City
whereby a determination is made by the City Council that the financial cost or timing
of the construction of a capital improvement and the expense of calling a bond
election for a single proposition would, with the approval of the City Council, warrant
the issuance of Certificates of Obligation.
e. The City may issue COs if, in the opinion of the City Council, it would be significantly
more economical to the City to issue Certificates of Obligation rather than issuing
revenue bonds.
f. The City may issue COs for the advance design of projects to get them “shovel
ready” and accurately determine the future financing bond amount, including pre-
work for designing GO Bond Packages that will be sent to voters for approval.
Debt issued as a Certificate of Obligation will not have a maturity that exceeds the useful
life of the asset being financed. The term of Certificates of Obligation should typically be
20-years, but the City Council is to be provided information on the rate environment and
be able to extend the term of the Certificate of Obligation longer than 20-years, but in no
case longer than 30-years.
3. Revenue Bonds
Revenue bonds are generally payable from a designated source of revenue. They do not
require voter approval.
For the City to issue new revenue bonds, revenues, as defined in the ordinance
authorizing the revenue bonds in question, shall meet the bond coverage ratio as defined
in the ordinance. Annual adjustments to the City’s rate structures for Enterprise Funds will
be made as necessary to maintain the coverage factor.
If the City should issue COs for Water/Sewer Improvements, the Water/Sewer Fund will
pay the annual debt service associated with the issue.
D. Debt Structures
The City shall normally issue bonds with a life not to exceed 20 years for general obligation
bonds and up to 30 years for revenue bonds, but in no case longer than the useful life of
the asset.
The City may issue debt using structured principal to manage the property tax rate.
The City may issue debt using structured principal to manage the utility rates.
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The City will issue debt based on a fixed rate and will limit use of variable-rate debt due to
the potential volatility of such instruments.
E. Debt Refunding
The City’s financial advisor shall monitor the municipal bond market for opportunities to
obtain interest savings by refunding outstanding debt. As a general rule, the net present
value savings of a particular refunding should exceed 3.0% of the refunded maturities
unless:
a. a debt restructuring is necessary;
b. bond covenant revisions are necessary to facilitate the ability to provide services
or to issue additional debt; and/or
c. the refunding is combined with a new debt issuance.
F. Interest Earnings on Debt Proceeds
Debt interest earnings will be limited to funding changes to the bond-financed Capital
Improvement Plan in compliance with the voted propositions, cost overruns on bond
projects, or be applied to debt service payments on the bonds issued.
G. Bond Elections
1. Timing of general obligation bond elections shall be determined by the inventory of
current authorized, unissued bonds remaining to be sold and the Five-Year Capital
Improvement Plan.
2. The total dollar amount of bond election propositions recommended to the voters
should typically not exceed the City’s estimated ability to issue the bonds within a 7-
year period.
3. An analysis showing how the new debt combined with current debt impacts the City’s
tax rate and debt capacity will accompany every future bond issue proposal.
H. Sale Process
The City shall use a competitive bidding process in the sale of debt unless the nature of
the issue warrants a negotiated sale. The City will utilize a negotiated process when the
issue is, or contains, a refinancing that is dependent on market/interest rate timing, if the
interest rate environment or market/economic factors may affect the bond issue, or if the
nature of the debt is unique and requires skills from the underwriters involved. The City
shall award the bonds based on a true interest costs (TIC) basis. However, the City may
award bonds based on a net interest cost (NIC) basis if the financial advisor agrees that
the NIC basis can satisfactorily determine the lowest and best bid.
I. Underwriting Syndicates
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The City’s financial advisor shall attempt to involve qualified and experienced firms, which
consistently submit ideas to the City and financial advisors and actively participate in the
City’s competitive sale in its negotiated underwritings. In conjunction with the City, the
City’s financial advisor shall recommend the structure of underwriting syndicates, which
will be optimal for the type and amount of debt being issued.
J. Bond Ratings
Full disclosure of operations and open lines of communications shall be maintained with
the rating agencies. Credit ratings will be sought from one or more of the nationally
recognized municipal bond rating agencies, as recommended by the City’s financial
advisor.
The City will continually strive to maintain or increase the City’s current bond ratings by
prudently managing its funds and by reviewing and monitoring financial policies, budgets,
forecasts and the financial health of the City.
K. Covenant Compliance
The City will comply with all covenants stated in the bond ordinance, including providing
for annual disclosure information and providing for material event notices.
L. Arbitrage Rebate Monitoring and Reporting
Arbitrage is the interest earned on the investment of bond proceeds above the interest
paid on the debt. The City will maintain a system of recordkeeping and reporting to meet
the arbitrage rebate compliance requirement of the IRS regulation. The recordkeeping
shall include tracking project expenditures, interest earned on the bonds, calculating
rebate payments, and remitting any earnings to the federal government in a timely manner
to preserve the tax-exempt status of the outstanding debt. Arbitrage rebate calculations
will be performed annually on all debt issues and the liability recorded for any positive
arbitrage. Due to the specialized nature of the calculations, this function will typically be
outsourced.
M. Lease/Purchase Agreements
The City will use lease/purchase agreements for the acquisition of equipment when it is
cost-effective and provides attractive terms. All lease purchase agreements will be
approved by City Council, no matter the dollar amount.
VIII.
CASH MANAGEMENT AND INVESTMENTS
To maintain the City’s cash in such a manner to ensure the absolute safety of principal, to meet
the liquidity needs of the City, and to achieve the highest possible yield.
A. Investment Management
1. All aspects of cash/investment management shall be designed to ensure safety and
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integrity of the City’s financial assets.
2. Cash/Investment management activities shall be conducted in full compliance with
prevailing local, state, and federal regulations.
3. The City will utilize competitive quotes from approved broker/dealers, affording no
special advantage to any individual or corporate member of the financial or investment
community.
4. The City will only do business with City authorized broker/dealers and/or financial
institutions as approved by Council and who have executed a written certification of
their review of the City’s Investment Policy.
5. The City shall design and establish policies relating to a variety of cash/investment
management issues, such as the eligibility and selection of various broker/dealers,
safekeeping requirements, collateral requirements, delivery versus payment
requirements, weighted average maturity requirements and other such aspects of the
program, which necessitate standard setting in pursuit of appropriate prudence and
enhanced protection of assets.
6. Investments of the City shall be made with the exercise of judgment and care which
persons of prudence, discretion, and intelligence exercise in the management of their
own affairs, not for speculation, but for investment.
B. Investment Strategy
The City of Pearland maintains a consolidated portfolio in which it pools its funds for
investment purposes. The City’s investment program seeks to achieve safety of principal,
adequate liquidity to meet cash needs, and reasonable yields commensurate with the
preservation of principal and liquidity. (See City’s Investment Strategy)
C. Interest Income
Interest earned from investments shall be distributed to the funds from which the funds
were provided.
D. Arbitrage Investments
Investment on bond proceeds will be made with safety of principal and liquidity in mind,
but with a competitive rate of return. If there is positive arbitrage, the earnings will be sent
to the IRS, as necessary.
E. Depository
The City will select its official bank through a formal bidding process to provide the City
with the most comprehensive, flexible, and cost-effective banking services available. The
City will, at a minimum, bid depository services every five years. The City will review the
financial health of the City’s depository annually to include but not be limited to earnings,
assets, capital, and liquidity.
F. Collateralization of Deposits
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The pledge of collateral shall comply with the City’s investment policy.
IX.
GRANTS AND INTERGOVERNMENTAL REVENUES
The City will seek, apply for, and effectively administer federal, state and local grants, which
support the City’s current priorities and policy objectives. The City should take advantage of
opportunities to enhance service delivery through intergovernmental cooperation, shared
revenues, and grants; specifically, those that are germane to the City’s mission and departmental
operations.
A. Grant Applications
1. The City shall apply and facilitate the application for only those grants that are
consistent with the objectives and high priorities identified by Council and management.
2. Grant funding will be considered to leverage City funds. Inconsistent and/or fluctuating
grants should not be used to fund ongoing programs and services, or personnel costs
that the City has not determined it can sustain beyond the funded period(s) of the grant
program.
3. The potential for incurring ongoing costs, to include assumptions of support for grant-
funded positions from local revenues, will be considered prior to applying for a grant.
The City Manager’s Office will make the final determination on submission of grant
applications for programs/projects that require matching local, public funds.
4. Grant applications should be completed in consultation and with support from the
Grants Manager and presented to the City Manager’s Office under the advisement of
the Grants Manager.
B. Grant Management & Compliance with Applicable Rules
1. Grants received by the City shall be subject to a collaborative approach to grant
management and administration that involves the implementing department, the
Finance Department, and the Grants Manager.
2. Federally funded grants awarded to the City shall comply with 2 CFR 200 and other
applicable federal regulations.
3. State-funded grants awarded to the City shall comply with Texas Government Code –
Chapter 783 and other applicable statutory requirements.
4. Local and/or interlocal funding shall be managed in accordance with the applicable
interlocal agreement or contract award terms and conditions.
5. Privately-sourced grant awards shall be considered on a case-by-case basis, with
appropriate consideration for the source of funds, scope of work, terms, and conditions;
including but not limited to: political partisanship, compliance with statutory prohibitions
related to restricted use of certain funds (e.g., boycotts and/or discrimination practices).
6. The City’s Grant Policies and Procedures, separate from the Policy Statement herein,
shall provide the specific, day-to-day operational parameters for management and
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oversight of all grant funds.
X.
FINANCIAL CONSULTANTS
The City will employ qualified financial advisors and consultants as needed in the administration
and management of the City’s financial function. These areas include but are not limited to audit
services, debt administration, delinquent tax collection attorney, and financial modeling. The
principal factors in the selection of these consultants will be experience/expertise, ability to
perform, the services offered, references, and methodology to name a few. In no case should
price be allowed to serve as the sole criterion for the selection.
A. Selection of Auditors
The City shall request proposals from qualified firms, including the current auditors if their
past performance has been satisfactory. The City Council shall select an independent firm
of certified public accountants to perform an annual audit of the accounts and records and
render an opinion on the financial statements of the City.
It is the City’s preference to rotate auditor firms to ensure that the City’s financial
statements are reviewed and audited with an objective, impartial, and unbiased point of
view. The rotation of the audit firm will be based upon the proposals received, the
qualifications of the firm, and the firm’s ability to perform a quality audit.
However, if through the proposal and review process, management and the Audit
Committee select the current audit firm, then, it is the City’s preference that the lead audit
partner be rotated, as well as the lead reviewer.
B. Arbitrage
The City shall calculate positive/negative arbitrage on each bond issue annually. While
the City is responsible for ensuring the records are in order, the calculations made,
reporting completed, and filings made, the actual arbitrage calculation and reporting shall
be contracted out to a qualified firm. There is not a requirement for rotation.
C. Delinquent Tax Collection Attorney
Due to the nature and expertise required, the City shall hire a delinquent tax collection
attorney to collect delinquent taxes, represent the City in filing bankruptcy claims,
foreclose on real property, seize personal property, and represent the City in court cases
and property sales.
There is no requirement for rotation.
D. Bond Counsel
Bond Counsel to the City has the role of an independent expert who provides an objective
legal opinion concerning the issuance and sale of bonds and other debt instruments. As
bond counsel are specialized attorneys who have developed necessary expertise in a
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broad range of practice areas, the City will always use a consultant for these services.
Generally, bonds are not marketable without an opinion of nationally recognized bond
counsel stating that the bonds are valid and binding obligations stating the sources of
payment and security for the bonds and that the bonds are exempt from Federal income
taxes.
A contract may be renewed after a competition process in which the Council determines
that continuation with the incumbent firm is in the best interest of the City.
E. Financial Advisory Services
The City issues various types of securities to finance its capital improvement program.
Debt structuring and issuance requires a comprehensive list of services associated with
municipal transactions, including but not limited to: method of sale; analysis of market
conditions; size and structure of the issue; coordinating rating agency relations; evaluation
of and advice on the pricing of securities, assisting with closing and debt management;
calculation of debt service schedules; and advising on financial management. As financial
advisors to governmental entities have developed the necessary expertise in a broad
range of services, the City will use a consultant for these services.
A contract may be renewed after a competition process in which the Council determines
that continuation with the incumbent firm is in the best interest of the City.
F. Depository Bank
Pursuant to State law, the City may approve a depository contract whose term does not
exceed five years. There is no requirement for rotation. The City will select its official
banking institution through a formal process based on best value to provide the City with
the most comprehensive, flexible, and cost-effective banking services available.
XI.
AUDIT COMMITTEE
A. Purpose
The primary purpose of the Audit Committee is to assist City Council and the City manager
in fulfilling oversight responsibilities for financial reporting, external and internal audit
processes, and effective internal controls systems. The committee shall maintain and
foster an avenue of communications among the Audit Committee and the auditors,
management, legal, and the City’s internal audit function.
B. Composition
The Audit Committee shall consist of three members of City Council, the Mayor being one
of the members and two council members being appointed by the Mayor. The Mayor shall
appoint or confirm the Audit Committee each June, after the May elections. To maintain
consistency and a sense of history, council members shall serve 2-year staggered terms.
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C. Meetings and Minutes
The Mayor shall call for a meeting opportunity and work with staff to convene a meeting
when requested by any member of the Audit Committee at least quarterly and at additional
times when necessary. Members of management, City staff and/or others may attend the
meeting to provide pertinent information as necessary. A quorum will consist of two
members.
Minutes shall be prepared to document discussion and action steps. Agendas and minutes
shall be made available on the City’s website before and after each meeting, respectively.
D. Responsibilities and Duties
To implement the Audit Committee’s purpose, the Audit Committee shall be charged with
the following functions with the understanding, however, that the Audit Committee is not
a rule/policy making board and may not influence a majority vote or make decisions on
behalf of the City that bind the City without full review, discussion, and approval of the City
Council.
The Audit Committee recognizes that City management and staff are responsible for the
completeness and accuracy of the City’s financial statements and disclosures and for
maintaining effective internal controls. The Audit Committee also recognizes that the
independent auditor is responsible for auditing the City’s financial statements. Accordingly,
management, staff, and the independent auditor have more knowledge and detailed
information about the City’s finances. In carrying out its responsibilities, the Audit
Committee will be relying, in part, on the expertise of management, staff, and the
independent auditor.
1. Financial Reporting and Audit
a. Review and discuss with management and the independent auditor the annual
audited statements, related footnotes, and the opinion of the independent
auditor with respect to the financial statements and single audit.
b. Review and discuss with management and the independent auditor the
assessment of the quality and acceptability of accounting principles, the
reasonableness of judgments and estimates, any material audit adjustments
proposed by the independent auditor, and any other matters.
c. Review with the independent auditor and management the adequacy of the
City’s internal controls and the management letter and comments,
management’s response to such letter as well as any additional material
written communication between the independent auditor and management.
d. Review with management and the independent auditor any material conflicts
or disagreements between management and the independent auditor
regarding financial reporting, accounting practices, internal controls, and to
assist in resolving those conflicts or disagreements.
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e. Review with management and the independent auditor the effect of any
regulatory and accounting initiatives and their applications and how it may
affect the City’s financial statements.
f. Review and discuss any serious changes in the independent auditor’s work
plan or restrictions on the scope of their activities due to the serious difficulties
or lack of cooperation, data or information encountered during the audit.
g. The Audit Committee shall as a part of each review of the previous year’s audit
of financial statements meet with the independent auditor without staff
presence to assure and give opportunity for frank dialogue and discussion.
2. Independent Auditor Oversight
a. Review with management and staff the audit proposal, evaluation and
selection process and ultimate recommendation for full City Council
consideration.
b. Review with management the evaluation and performance of the independent
auditor, to assess the review and to determine whether to retain or to terminate
the existing independent auditor.
c. Monitor the rotation of the partners of the independent audit firm currently
engaged, or if deemed appropriate, the rotation of independent audit firms in
accordance with Financial Policies.
d. Review with the independent auditor and management the annual audit plan
and areas of risk assessment and risk management, including major financial
risk exposure and steps taken or to be taken to monitor and control exposures.
3. Report to City Council
Promptly report to City Council with respect to material issues that arise out of the
committee meetings, the integrity of the City’s financial statements, the City’s
compliance with legal or regulatory compliance or other such matters as the Audit
Committee deems appropriate.
4. Annual Review of Financial Policy
Review the Audit Committee’s portion of the Financial Policy annually, reassess the
adequacy of the charge to the Audit Committee, and recommend any proposed
changes to the City Council. Assess the appropriateness in light of the previous years’
experience and in light of new and best practices, new legal or regulatory
accounting/auditing requirements.
5. General Authority
The City Manager may also choose to bring other financial matters or key financial
processes to the Audit Committee as deemed necessary.