Sparks City Council Meeting 8/25/2014 2:00:00 PMMonday, August 25, 2014 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks
Public Hearing and Action Items Unrelated to Planning and Zoning: 10.4
A Business Impact Statement is not required because this is not a rule.
The Financial Services Department is able to manage cash flow more efficiently and effectively in accordance with Nevada law with the ability to issue short term interfund loans on an ‘as needed’ basis. The City pools the cash from all Funds for investment purposes; however, NAC 354.290 states that if any single Fund experiences negative cash, regardless of duration, the City would be deemed to have created an interfund loan in violation of NRS 354.6118. Specifically, NRS 354.6118 requires that a City wishing to make an interfund loan hold a public hearing to determine use and availability of funds and to establish a loan agreement. As payment outflows cannot always be predicted accurately, cash needs may not allow sufficient time to hold the required public hearing. This Resolution will allow the Financial Services Director to manage the cash flow in a more efficient manner without potentially violating NRS 354.6118. Approval of this Resolution will allow for interfund loan(s) from the Motor Vehicle Maintenance Fund to be made to the General Fund to the extent that the General Fund would suffer a ‘negative’ cash situation.
The Financial Services Department has determined that an ending Fund balance equal to approximately 12.5% of expenditures is generally necessary to meet General Fund cash flow needs of any given fiscal year without the use of extraordinary measures, such as requesting for an advance of property taxes from the County Treasurer. At the time the FY ’15 budget was filed, the General Fund’s beginning fund balance was expected to be 8.2%, and 6.4% by the end of FY ’15, thus, cash flow for the General Fund is expected to be difficult to manage in FY ’15.
Property tax receipts comprise approximately 35% percent of the General Fund budgeted revenues in fiscal 2014-2015. These revenues are used to pay the expenses of the City as they arise. Because property tax revenues are distributed in four installments, which are not equally distributed across the fiscal year and expenses are paid on a regular schedule throughout the year, cash flow issues may arise. The city can request early distribution of property tax collections, but that may not be sufficient at the time that cash is needed.
If the Fund experiences a period of ‘negative’ cash, it is considered to have participated in an interfund loan per NAC 354.290 as revised in 2010, and the resulting interfund loan would have been created in violation of NRS 345.6118. The duration of any such interfund loan is not addressed by NAC 354.290, thus, one day of negative cash is deemed to result in a violation of NRS 354.6118 unless the attached Resolution allowing for such short-term interfund loans is approved.
NRS 354.6118 requires the City hold a public hearing before such a loan is made to determine the following: 1) that a sufficient amount of money is available for the loan; 2) that the money is not restricted as to its use; 3) that the loan of the money will not compromise the economic viability of the fund from which the money is loaned; 4) the amount of time the money will be on loan from the fund; 5) the terms and conditions for repaying the loan; and 6) the rate of interest, if any, to be charged for the loan.
The ability to predict the cash needs of the General fund and hold a public hearing before expenditures are made may not be practicable. Therefore approval of a resolution authorizing the Financial Services Department to establish an interfund loan from the Motor Vehicle Maintenance Fund to the General Fund, as needed, is requested.
Since the start of fiscal year 2010 to July 2014, the General Fund has experienced negative cash situations on 33 out of 1,858 days (2 percent). The shortest term of ‘negative’ cash was one day, the longest was eight days. The amount of the interfund loans range from $23,276.02 to $2,060,936.83.
Approving this Resolution will reduce the likelihood of violation findings, related to the General fund, from our audit of fiscal year ending 06/30/2015.
It is anticipated that an interest free loan of up to $1,000,000 from the Motor Vehicle Maintenance Funds non restricted assets for a period of 30 days or less would not compromise the economic viability of the Motor Vehicle Maintenance Fund during fiscal year 2015. Thus, we are seeking Council approval today of the attached Resolution that would allow the Financial Services Department to establish an interfund loan (non-interest bearing) of up to $1,000,000 for a period not to exceed 30 days in order to efficiently manage cash flow and comply with NRS 354.6118 as interpreted by NAC 354.290.
In order for Council to be able to accurately determine that a loan can be made from a fund with sufficient unrestricted money and that the loan does not compromise the economic viability of the loaning fund, Council will be required to approve a Resolution similar to this each year.
Council could approve the Resolution authorizing the Financial Services Department to establish an interfund loan to the General Fund from the Motor Vehicle Maintenance Fund as needed. Interfund loans from the Motor Vehicle Maintenance Fund to the General Fund would be authorized as needed within fiscal year 2015.
Council could deny authorization of an interfund loan to the General Fund from the Motor Vehicle Maintenance Fund as needed. Future violations of NRS, if any, will be noted in the City’s Comprehensive Annual Financial Report (CAFR).
I move to approve Resolution No. 3262, authorizing the Financial Services Department to establish an interfund loan to the General Fund from the Motor Vehicle Maintenance Fund as necessary for General Fund cash flow purposes.
Resolution to authorize interfund loan to General Fund for cash needs.pdf