Sunday, July 21, 2013

Already Bankrupt Cities offer lessons to Detroit


July 22, 2013 at 1:00 am

Bankrupt cities offer lessons to Detroit

Many spent millions in legal bills, sold assets, cut workers

A judge accepted the California city of Stockton's bankruptcy application on April 1, making it the most populous city in the nation to enter bankruptcy. At right, Spencer Gorman makes his way up to the second floor to see items at Harrisburg's Wild West auction preview, in Harrisburg, Pa. Approximately 8,000 items are up for sale as part of bankruptcy action. (Associated Press)
The nearly three dozen cities, counties and special government agencies that have preceded Detroit in filing for bankruptcy nationwide since 2010 provide a road map for the Motor City.
Like Detroit, the largest city to file Chapter 9 bankruptcy in history, the others have taken a variety of actions to win approval of restructuring plans. They sold city assets, reduced employees, cut budgets and raised taxes. They negotiated with creditors for months or years to cut and refinance debt. They spent millions on legal bills — some stalling for time, others seeking a speedy court resolution.
Since 2010, 36 cities, counties and special districts — such as utility authorities — filed for bankruptcy, including Detroit, five other cities and two counties.
The pace of municipal bankruptcies has increased in recent years. Between 1970 and 2009, there were 54 municipal bankruptcies, including just four cities and counties. But National League of Cities executive director Clarence Anthony says cities “nationally are better off financially than they were just several years ago. Detroit should not be seen as emblematic of cities or as a harbinger of what’s to come.”
Many cities are trying to solve their financial problems outside of bankruptcy, Anthony noted.
“The vast majority of cities continue to make the difficult, yet prudent financial decisions that keep their cities in sound financial shape and in good standing,” he said. “Outside of bankruptcy, they renegotiate contracts, draw on rainy-day funds, form public-private partnerships and reduce health care and pension benefits.”
Harrisburg, the capital of Pennsylvania, filed for bankruptcy in October 2011, even though a state law barred it. After a judge dismissed the case, the state appointed a receiver to try to restructure more than $300 million in debt tied to an incinerator project.
In Detroit, state law allows for bankruptcy, but the city will have to battle its way into court, defending itself from allegations that it did not bargain in good faith with its employees. It also has to prove it is insolvent, a definition that may be up for debate. A bankruptcy judge in California ruled in June a city doesn’t have to be out of cash to be declared insolvent.
In recent days, Harrisburg has been auctioning off 8,000 items purchased by a former mayor for a planned Wild West museum that never opened. The auction has raised more than $2 million.
Detroit, too, will have to sell off some assets, said Doug Bernstein, a bankruptcy expert at the Bloomfield Hills law firmPlunkett Cooney. Detroiters, Bernstein said, already are “heavily taxed for lousy services. Where do you think that golden goose in revenues is going to come from? You have to be realistic. You are going to have to have some compromises: We are selling things.”

Not always speedy process

Detroit Emergency Manager Kevyn Orr wants to quickly get past the question of whether the city is eligible for bankruptcy. He’s proposed a speedy timetable, giving creditors until Aug. 19 to file objections. He wants U.S. Bankruptcy Judge Steven Rhodes to hold a hearing on the proposal some time after Nov. 4.
But it’s not always that simple. San Bernardino, Calif., (population 200,000) filed for bankruptcy on Aug. 1. For nearly a year, it has fought to get past the first basic hurdle: that it is eligible to even be in bankruptcy. The California Public Employees Retirement System has objected and is fighting for documents, saying the city is operating as a “black box” and not disclosing financial information.
While San Bernardino waits for the green light to move ahead with bankruptcy, more than 25 percent of its estimated 1,200 municipal employees have left, and it has cut city services.
Crime is up, the city says, and crime-fighters are down — to 260 police officers in January, from 356 in 2009.
“The most significant impact will be on our ability to respond to lower-level crimes,” Police Chief Robert Handy wrote in a memo.
Detroit’s police force has already been cut by 40 percent over the last decade and average response time to police calls is 58 minutes, while the national average response time is 11 minutes.

Detroit at property tax max

After cutting $90 million over three years and facing a $26 million debt, the city of Stockton, Calif., filed for bankruptcy in June 2012.
In the run-up, Stockton, which prior to Detroitwas the largest U.S. city to file for court protection, faced 22 percent unemployment and a 50 percent drop in property values. The city cut its workforce by 25 percent, including 20 percent of police and 30 percent of firefighters.
In June, Stockton officials proposed raising the sales tax from 8.25 percent to 9 percent to pay for more police and raise money to exit bankruptcy. The City Council unanimously approved the plan July 9 and voters will decide whether to approve it in November.
Central Falls, R.I., restructured in bankruptcy, exiting in 2012 in a plan that mostly hurt retired employees and fully repaid bondholders. The city of nearly 20,000cut its workforce by about a third, cut pensions by as much as half, closed a community center and imposed annual 4 percent property tax hikes over five years. The state passed a law giving bondholders preference in a bid to ensure the state’s credit rating didn’t decline.
In Detroit, though, the city already has made dramatic cuts in services, and cannot raise property taxes because it’s at the maximum allowable rate. And many taxpayers are delinquent or unable to pay.
Orr’s bankruptcy strategy proposes paying most of the money owed to secured creditors while pension funds, unions and unsecured bondholders would receive, in some cases, as little as 10 cents on the dollar. Instead of paying creditors in full, Orr’s plan is to plow millions over the next decade into improving city services.

'It's like credit card debt'

Jefferson County, Ala., filed for bankruptcy in November 2011, citing more than $4 billion in debt, largely from a troubled sewer project. Nearly two years later, the county is nearing an exit from bankruptcy.
The county has sold assets, continued layoffs and closed a money-losing county hospital. And under a deal announced in June, the county will spend the next 40 years repaying much of the debt it owes — though creditors agreed to forgive a significant chunk.
Jefferson County, which has 660,000 residents including Birmingham, spent several years trying to avoid bankruptcy, making rounds of painful budget cuts, furloughs and layoffs.
In February, the county voted to sell a nursing home it owned to raise $11 million and plans to hike sewer rates by 7.4 percent annually over four years.
Jefferson County will sell $1.9 billion in new debt, called capital appreciation bonds, that ultimately will require it to pay $6.9 billion over four decades of financing. The bonds are criticized by many officials as too expensive and the Michigan legislature in 1994 banned the use of the bonds for new school construction, citing the high overall costs.
Detroit could still opt to use them, but it’s not clear how much the city could afford to repay over the coming decades. “It’s like credit card debt. The purpose of a bankruptcy is to get a fresh start,” Bernstein said.
Despite the financial workout, Jefferson County may not be in the clear.
Robert Brooks, a finance professor at the University of Alabama, said he’s not convinced that post-bankruptcy Jefferson County will be able to meet the debt repayment schedule.
“The idea is that optimistically we are going to grow into our ability to pay this back. We could be back in bankruptcy in four to five years,” Brooks said. “When Detroit was going through this, I’m sure someone was telling them how easy it would be to repay these obligations ... The real issue is people leading Detroit have to make hard decisions, not political ones.”
dshepardson@detroitnews.com
(202) 662-8735

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From The Detroit News: http://www.detroitnews.com/article/20130722/METRO01/307220038#ixzz2ZkcuU4ao

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