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2014 South Bend Financial Assurance Test Report
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2014 South Bend Financial Assurance Test Report
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SOLID WASTE LAND DISPOSAL FACILITIES <br />on all the general obligation bonds. <br />(bb) The local government permittee shall satisfy the following financial ratios based on the local <br />government permittee's most recent audited annual financial statement: <br />(1) A ratio of cash plus marketable securities to total expenditures greater than or equal to <br />five - hundredths (0.05). <br />(2) A ratio of annual debt service to total expenditures less than or equal to two- tenths (0.20). <br />(BB) The local government permittee shall: <br />(aa) prepare the local government permittee's financial statements in conformity with generally <br />accepted accounting principles (GAAP) for governments; and <br />(bb) have the financial statements audited by an independent certified public accountant or the state <br />board of accounts. <br />(CC) A local government permittee is not eligible to assure the local government permittee's obligations <br />under this subdivision if any of the following applies to the local government permittee: <br />(aa) The local government permittee is currently in default on any outstanding general obligation <br />bonds. <br />(bb) The local government permittee has any outstanding general obligation bonds rated lower than <br />Baa as issued by Moody's or BBB as issued by Standard and Poor's. <br />(cc) The local government permittee has operated at a deficit equal to five percent (5 %) or more <br />of total annual revenue in each of the past two (2) fiscal years. <br />(dd) The local government permittee receives an adverse opinion, disclaimer of opinion, or other <br />qualified opinion from the independent certified public accountant or the state board of accounts <br />auditing its financial statement as required under subitem (BB). The commissioner may evaluate <br />qualified opinions on a case -by -case basis and allow use of the financial test in cases where the <br />commissioner deems the qualification insufficient to warrant disallowance of use of the test. <br />(DD) As used in this subdivision, the following terms apply: <br />(aa) "Cash plus marketable securities" means all the cash plus marketable securities held by the <br />local government permittee on the last day of a fiscal year, excluding cash and marketable <br />securities designated to satisfy past obligations, such as pensions. <br />(bb) "Debt service" means the amount of principal and interest due on a loan in a given time <br />period, typically the current year. <br />(cc) "Deficit" means total annual revenues minus total annual expenditures. <br />(dd) "Total expenditures" means all expenditures, excluding capital outlays and debt repayment. <br />(cc) "Total revenues" means revenues from all taxes and fees but does not include the proceeds <br />from borrowing or asset sales, excluding revenues from funds managed by the local government <br />permittee on behalf of a specific third party. <br />(EE) Ifthe permittee using the local government financial test has a current bond rating of BBB- as issued <br />by Standard and Poor's or Baa3 as issued by Moody's for the permittee's most recent bond issuance, the <br />commissioner may request that the permittee submit the following information to the department on a <br />quarterly basis until the bond rating is upgraded: <br />(aa) The current bond rating of the most recent issuance. <br />(bb) The name of the rating service. <br />(cc) The date of issuance of the bond. <br />(dd) The date of maturity of the bond. <br />(ee) The last credit rating action. <br />(ft) An explanation of any events such as decrease in the bond ratings, as well as inclusion on a <br />negative credit watch list. <br />This quarterly update will supplement the record keeping and report requirements specified in item (iii). <br />On the basis of the submitted information, if the commissioner finds that the permittee no longer meets <br />the local government financial test requirements, the permittee shall provide alternate financial assurance <br />Indiana Administrative Code Page 252 <br />
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