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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2022 - SECOND READING OF ORDINANCE NO. 034, 2022, APPROPR Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY April 5, 2022 Utilities-Broadband STAFF Chad Crager, Connexion Executive Director Molly Reeves, Manager, FP&A Travis Storin, Chief Financial Officer David Lenz, FP&A Director Lance Smith, Utilities Strategic Finance Director John Duval, Legal SUBJECT Second Reading of Ordinance No. 034, 2022, Appropriating Prior Year Reserves from the Light and Power Fund for Use in the Connexion Account to Complete the Connexion System Construction and Customer Ramp Up and Providing for Future Cost Recovery. EXECUTIVE SUMMARY This item has been moved to Discussion. This Ordinance, unanimously adopted on First Reading on March 1, 2022, appropriates prior year reserves from the Light & Power Fund for use in completing the Connexion system construction and customer ramp up. Updated construction cost and timing estimates were completed in late 2021 which indicated a funding need of approximately $20 million to build out the network by mid-2022. Staff has evaluated the financing options available to meet this funding need and proposes to use $20 million from available Light & Power reserves to allow for completion of the network buildout. These funds will be reimbursed to the Light & Power Fund (including interest) from the cash flows generated by the Connexion operations. Staff met with the Council Finance Committee on February 4, 2022 and received support for this proposal. The Ordinance has been amended between first and second reading to reflect that this appropriation will not lapse at the end of this fiscal year since it is an appropriation for a capital project. Article V, Section 11 of the City Charter provides that Council may designate in an ordinance making an appropriation for a capital project that such appropriation does not lapse at the end of the fiscal year but continues until the capital project is completed. This designation for a non-lapsing appropriation was inadvertently not included in the Ordinance on first reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2022 (w/o attachments) (PDF) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY March 1, 2022 Utilities-Broadband STAFF Chad Crager, Connexion Executive Director Travis Storin, Chief Financial Officer David Lenz, FP&A Director Lance Smith, Utilities Strategic Finance Director John Duval, Legal SUBJECT First Reading of Ordinance No. 034, 2022, Appropriating Prior Year Reserves from the Light and Power Fund for Use in the Connexion Account to Complete the Connexion System Construction and Customer Ramp Up and Providing for Future Cost Recovery. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of prior year reserves from the Light & Power Fund for use in completing the Connexion system construction and customer ramp up. Updated construction cost and timing estimates were completed in late 2021 which indicated a funding need of approximately $20 million to build out the network by mid-2022. Staff has evaluated the financing options available to meet this funding need and proposes to use $20 million from available Light & Power reserves to allow for completion of the network buildout. These funds will be reimbursed to the Light & Power Fund (including interest) from the cash flows generated by the Connexion operations. Staff met with the Council Finance Committee on February 4, 2022 and received support for this proposal. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Assumptions Update The Connexion team, along with Atlantic Engineering Group (AEG), and On Trac, continue to build and install Connexion fiber throughout the community. With initial construction starting in 2019, it is anticipated that AEG will be complete with construction by summer 2022 and that the project will remain on target with fiber available to all premises by the end of 2022. New neighborhoods continue to be offered Connexion service on a weekly basis. To date, Connexion is seeing a 31% residential take rate (measured in neighborhoods with service available for at least 90-days.) This penetration is above the 28% previously noted in the original business plan to achieve timely bond payback. While build progress and residential take rate are at or above target, previous financial modeling was overly aggressive on multiple dwelling unit (MDU) build-out and commercial availability. Connexion has steady interest from these business types, and each brings a challenge for implementation. For 2022, Connexion has secured Colorado Boring as a dedicated resource to provide fiber to MDUs. Fort Collins has over 500 MDUs and Connexion has set a target of installing at least 150 in 2022. ATTACHMENT 1 COPY Agenda Item 15 Item # 15 Page 2 The updated modeling includes additional boring costs on the fiber network, the dedicated costs for MDU buildouts, additional premises to be served in the market and updated operating and installation costs reflecting actual results to date. The primary assumption changes also include an increase in residential take rate to 35% from 28%, a decrease in commercial take rate from 45% to 28% and full absorption of the market by end of 2024 versus by the end of 2022 previously. Funding Requirements and Financing Options The current project estimate to complete is $143 million. Spending through December 2021 totals $115 million. The Connexion project currently has $123 million available ($117 million appropriated plus a re-deployment of operating budget funds of approximately $6 million). The resulting funding need is approximately $20 million. Staff has evaluated various financing options available to provide the sourcing for the $20 million requirement. The primary options considered were using Light and Power (L&P) reserves with reimbursement, additional bond issuances (either stand-alone Connexion needs or combined with L&P needs), or combinations of the two. Other options initially considered were utilization of L&P reserve balances without reimbursement, bank financing, General Fund backfill, and a do-nothing approach. The primary options considered (including the benefits and drawbacks of each alternative) are shown below. Debt Overview Although Connexion and L&P maintain separate financial books of record for management and transparency purposes, they are legally a single Electric Utility Enterprise. The existing bonding is issued under this structure and ultimately L&P revenues provide financial backing if Connexion cash flows are insufficient to pay back its’ obligations (this is similar in structure to other regional municipalities’ broadband operations – Longmont, Loveland, Estes Park). Therefore, utilization of L&P reserves must consider the financial needs, capacity, and outlook of the L&P entity in order to avoid negatively impacting L&P ratepayers. The table below highlights the anticipated L&P rate increases, capital improvement plan (CIP) and debt issuance needs of L&P over the next ten years. Proposed rate increases are driven to a large degree by the need to cover increased wholesale power costs. The capital plan includes a new substation, replacement billing system and a potential East Mulberry annexation. L&P contemplates a debt issuance of $41 million as part of their planning in 2023. L&P currently has no debt outstanding for their own purposes. COPY Agenda Item 15 Item # 15 Page 3 L&P had $23 million in available reserves (after required and appropriated amounts were deducted) at the end of 2020. 2021 reserve increases are expected to be approximately $19 million, which will leave them with approximately $42 million of current reserve availability. Connexion has $130 million in outstanding debt from the bonds issued in 2018 by the Electric Utility Enterprise. The terms of the bonds provided for semi-annual payments in June and December of each year. The payments are interest only until December 2022 when the first principal repayment begins. The repayment schedule was structured to increase the payments over time to align with the construction phase of the project and ramp-up of customer acquisition. $20 million of available borrowing capacity remains under the original voter approved initiative amount of $150 million. Financing Recommendation Staff is recommending financing Option 1 - using available L&P Reserves. The pursuit of this funding solution best balances the needs and timing of Connexion funding requirements, maintains flexibility for future L&P financing requirements, and enables the ability to move forward at full speed with the network buildout and sales/marketing efforts. It best maintains the ability for Connexion to meet its future debt obligations and provide security for L&P ratepayers in the longer term. The interest rate paid to L&P for the use of reserve balances will be the greater of the current investment earnings rate on existing reserve balances or the 10-year AA- bond rate. Specifics of the funding arrangement will include: • Draw down as needed to meet cash requirements • Reimbursement of L&P reserves w/ all excess available cash from Connexion operations • Interest paid into L&P reserves (computed on outstanding carrying balance) Reserve Borrowing Draws: • 1st draw required: Q2 2022 • December 2022 projected balance: $11 million • Maximum estimated need: $20 million by Dec 2024 • Reimbursement: Completed on or by Jan 2029 • Total Interest incurred: $3 million CITY FINANCIAL IMPACTS The updated results of the financial modeling of Connexion operations, including the utilization of Option 1 – using L&P Reserves, for the ten-year period out to 2031 are detailed below. Of note are the ramp-up of total revenues in the 2022-25 timeframe, the significant cash flow before financing beginning in 2025, and the accumulation of cash (total cash flow per year) starting in 2029 after paying back the reserves used. Also highlighted is the maximum reserve use of $20 million at year-end 2024. COPY Agenda Item 15 Item # 15 Page 4 A major consideration of our evaluation of financing options for the additional $20 million capital need was the impact to our overall debt position and bonding capability. Two key measures in this regard are the debt coverage ratio (DCR) and Debt Capacity. Debt coverage ratio is a measure of our ability to pay back our annual debt service, expressed as ratio of net pledged revenues (essentially net operating cash flows) divided by debt service payments. The combined Connexion/L&P ratio at year end 2022 is projected to be 3.5. This indicates we have 3.5 times the net revenues to cover our debt payments. Debt capacity is a measure of how much additional debt we could “afford” at various DCR’s and bond terms (years). There is sufficient room to take on additional potential debt (above the existing Connexion bond borrowings and planned L&P $41 million needs) to fund other potential projects or initiatives. The table below reflects combined L&P/Connexion data. A number of scenarios and sensitivities were analyzed as part of the financial evaluation. The table below shows our current estimate and three alternative views: the original business plan take-rates, a breakeven bond payback scenario and an additional capital overrun case. The estimated funding need, reimbursement timeframe, cumulative cash in 2042 (when original bonds are paid off) and the interest expense incurred on the new funding are the key measures evaluated. Long-term cash position is most sensitive to long-term take-rates and the underlying costs of providing services at those levels. COPY Agenda Item 15 Item # 15 Page 5 The following is a summary of the project funding: Prior Appropriated Funds $122,808,249 Funds to be Appropriated with this Action $20,000,000 Total Available Project Funds $142,808,249 The Interim City Manager has also determined that this appropriation is available and previously unappropriated from the Light and Power Fund and will not cause the total amount appropriated in the Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in the Fund during this fiscal year. BOARD / COMMISSION RECOMMENDATION Staff met with Council Finance Committee (CFC) on February 4, 2022. CFC provided their support for the recommended action. Staff also met with the Energy Board (EB) on February 10, 2022. The planned appropriation request was reviewed and the EB voted 6-1-1 in support of the proposal. ATTACHMENTS 1. Energy Board Minutes (excerpt) (PDF) 2. Council Finance Committee Minutes (excerpt) (PDF) 3. Powerpoint Presentation (PDF) COPY -1- ORDINANCE NO. 034, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES FROM THE LIGHT AND POWER FUND FOR USE IN THE CONNEXION ACCOUNT TO COMPLETE THE CONNEXION SYSTEM CONSTRUCTION AND CUSTOMER RAMP UP AND PROVIDING FOR FUTURE COST RECOVERY WHEREAS, the City is currently in the fourth year of building and installing fiber-optic based telecommunication facilities throughout Fort Collins (the “Project”) to be operated by Connexion, the City’s telecommunication services division within the City’s Electric Utility as established in Article VIII in Chapter 26 of the City Code (“Connexion”); and WHEREAS, Connexion has already begun to provide and will continue to provide telecommunication services to the City’s residents who subscribe to such services, which services include broadband Internet, telephone and cable television services; and WHEREAS, the City Council has previously appropriated almost $123 million to fund the construction of the Project; and WHEREAS, the current estimate of the total cost to complete the Project is approximately $143 million, and based on this an additional $20 million is needed to complete the Project; and WHEREAS, this Ordinance appropriates this additional $20 million from the prior year reserves available in the Light and Power Fund for use in the Connexion Account, a subdivision of the Light and Power Fund, to be expended from the Connexion Account to complete the Project ; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the utility purpose of completing the Project to provide telecommunication services throughout Fort Collins; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the prior year reserves in the Light and Power Fund and will not cause the total amount appropriated in the Light and Power Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in the Fund during this fiscal year.; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to -2- designate in the ordinance when appropriating funds for a capital project, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the completion of the capital project; and WHEREAS, the City Council wishes to designate the appropriation herein for the Project as an appropriation that shall not lapse until the completion of the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Light and Power Fund the sum of TWENTY MILLION DOLLARS ($20,000,000.00) for use in the Connexion Account, a subdivision of the Light and Power Fund, to be expended from the Account for the completion of the Project. Section 3. That it is City Council’s intent, and direction to the City Manager and the City’s Financial Officer, that this amount appropriated be reimbursed annually to the Light and Power Fund in the amount the Connexion revenues collected exceed Connexion’s expenses and debt obligations for that fiscal year, together with an interest factor which is the greater of the Light and Power Fund’s average investment earnings for its reserve balance for that year or the average ten-year AA bond rate for that year, until this appropriated amount with such interest has been paid in full, which payment in full is to be completed on or before January 1, 2029. In addition, when the City Manager is setting under City Code Section 26-573 Connexion’s rates, fees and charges for furnishing telecommunication facilities and services to its subscribers, the City Manager shall do so taking into consideration this reimbursement of the Light and Power Fund as provided in this Section 3. Section 4. That the appropriation herein for the Project is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the completion of the Project. Section 45. That it is also the City Council’s intent that, in the event the City or the Electric Utility Enterprise hereafter issues any bonds or incurs any other financial obligation to be used to reimburse the Light and Power Fund for the Connexion’s expenditure of this appropriation for the Project, this Ordinance is intended to be a declaration of “official intent” to reimburse these expenditures within the meaning of Treasury Regulation §1.150-2. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2022, and to be presented for final passage on the 5th day of April, A.D. 2022. __________________________________ Mayor -3- ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk