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R-2829-5-09RESOLUTION NO. 2829-5-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE INVESTMENT OF MUNICIPAL FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 2256 TEX. GOVT CODE requires the City Council to annually review its Investment Policy regarding the investment of City funds and funds under its control; and, WHEREAS, the City Council re -adopted the Investment Policy on March 27, 2007, and May 27, 2008; and, WHEREAS, the Investment Policy attached as Exhibit "A" has been reviewed and includes amendments since the re -adoption on May 27, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Investment Policy attached hereto as Exhibit "A" ('Investment Policy") and made a part hereof for all purposes, has been reviewed and includes any amendments thereto, is hereby adopted as the Investment Policy of the City of Allen as required by Chapter 2256 of the Texas Government Code. SECTION 2. This resolution shall take affect upon its adoption DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLI N COUNTY, TEXAS, ON THIS THE 26to DAY OF MAY, 2009. APPROVED: 04&a z:= - Stephen Terrell, MAYOR ATTEST: Shelley B. G CYITC I [1 EXHIBIT A CITY OF ALLEN, TEXAS INVESTMENT POLICY May 26, 2009 The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Allen in order to achieve the goals of safety, liquidity, yield and public trust for all investment activity. This policy serves to satisfy the statutory requirement (specifically the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended, [the "Act']) to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Allen maintains portfolios which utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. Preservation and safety of principal shall be the foremost investment objective in each of the portfolios. Liquidity is the second objective. Its importance to each fund group is emphasized in the following paragraphs. Yield and diversification shall also be a consideration and shall be in compliance with the guidelines set forth in the Investment Policy. A. Investment strategies for operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short -to -medium term securities which will complement each other in a laddered or barbell maturity structure. ' B. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. If the annual debt service obligation is covered, then securities may be purchased that have a stated final maturity date which exceeds the debt service payment date. 1 C. Investment strategies for reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low to moderate degree of volatility. Securities should be of high quality and, except as may be required by any bond ordinance specific to an individual issue, of intermediate to longer-term maturities. D. Investment strategies for special projects or special purpose fund portfolios shall have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. INVESTMENT POLICY I. SCOPE This investment policy applies to all financial assets of the City of Allen. The funds included are: • General Fund • Enterprise Funds • Debt Service Funds • Special Revenue Funds • Capital Projects Funds • Internal Service Fund • Trust and Agency Funds IL OBJECTIVES The City of Allen shall manage and invest its cash with the four objectives listed in priority order: Safety; Liquidity; Yield and Public Trust. Safety of principal invested is always the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. SAFETY The primary objective of the City's investment activity is preservation of capital. Each investment transaction shall be conducted in a manner to avoid capital losses. ' LIQUIDITY The City's investment portfolio shall remain sufficiently liquid to enable the City to meet operating requirements that may be reasonably anticipated. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase. YIELD The investment portfolio shall be designed with the objective of regularly exceeding the average rate of return on a six month U.S. Treasury Bill. The City's investment risk constraints and cash flow needs shall be taken into consideration. PUBLIC TRUST All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction which might impair public confidence in the City's ability to govern effectively. ' III. RESPONSIBILITY AND CONTROL DELEGATION OF AUTHORITY AND TRAINING Authority to manage the City's investment program is derived from a resolution of the City ' Council. The Finance Director is designated as the primary investment officer of the City. The Assistant Finance Director is designated as secondary investment officer in the absence of the Finance Director. The Finance Director shall establish written procedures for the operation of the investment program, consistent with this investment policy. Procedures shall include reference to safekeeping, banking service contracts and collateral. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The investment officers shall attend at least one training session relating to the officers' responsibility under the Act within 12 months after taking office or assuming duties. PRUDENT INVESTOR RULE The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." In determining whether an investment officer has exercised prudence with respect to an ' investment decision, the determination shall be made taking into consideration: A. the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and B. whether the investment decision was consistent with the written investment policy of the entity. ETHICS AND CONFLICTS OF INTEREST City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement with the City Manager disclosing that personal business interest. LIABILITY Investment and management staff acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for market price changes, provided deviations from expectations we reported in a timely fashion and the liquidity and the sale of the securities are carried out in accordance with the terms of this policy. INVESTMENT SAFEGUARDS CASH FLOW: Investment staff of the City will maintain a cash flow analysis which identifies the present and future cash requirements. The investment portfolio (utilizing the cash flow analysis) will be structured such that the selling of securities prior to maturity for the purpose of meeting daily cash needs would be on an exception basis only. SEPARATION OF DUTIES: Investment staff of the City will be responsible for maintaining the cash flow analysis, determining the amount eligible for investment, and all other administrative duties necessary in executing and tracking the investments. Finance management staff will be responsible for the actual investment decisions. INTERNAL CONTROL: The Finance Director shall establish an annual process of independent review by an external auditor in conjunction with the annual audit. This review will provide internal control by assuring compliance with policies and procedures. ' IV. INVESTMENT PORTFOLIO RISK AND DIVERSIFICATION The City recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines: A. risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein; B. risk of market price changes shall be controlled by avoiding over -concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investments to less than 18 months, and avoidance of over -concentration of assets in specific instruments other than U.S. Treasury Securities and authorized investment pools. C. risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. D. Concentration of credit risk is controlled by limiting the amount of investment with a single issuer with the exception of State approved investment pools and ' U.S. Government Securities. E. Custodial credit risk is minimized by requiring pledged securities to be in the ' name of the City. AUTHORIZED INVESTMENTS Assets of the City may be invested in the following instruments if deemed an authorized investment pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended: A. obligations of the United States of America, its agencies and instrumentalities; B. direct obligations of the State of Texas or its agencies and instrumentalities; C. collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; D. other obligations, the principal and interest of which are unconditional guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or the respective agencies and instrumentalities; E. obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; F. certificates of deposits issued by a state or national bank domiciled in the state or a savings and loan association domiciled in this state and is guaranteed or insured by the Federal Deposit Insurance Corporation or its successor and secured in the name of or benefit of the City by obligations that are described in A through E above or an irrevocable standby letter of credit from the Federal Home Loan Bank of Dallas for the benefit of the City. All pledged securities acceptable pursuant to state law or letters of credit shall have a market value of at least 103% of the original price; G. joint investment pools of political subdivisions in the State of Texas which follow practices allowed by the current law and whose investments may consist of CD's, U.S. Treasuries, U.S. Government Agency Securities, U.S. Government Sponsored Corporation's Instruments, Commercial Paper, Repurchase Agreements, or other investment instruments permitted by law. H. Collateralized Repurchase Agreements that are contractual agreements between the City and commercial banks, trust companies, state or federally chartered savings and loan associations, and federally chartered savings banks. The Repo ' issuer sells acceptable securities to the City and, in turn, the City agrees to resell the securities on a specific date at a specified amount (original cost plus interest). Repurchase agreements are required to be backed by acceptable collateral I 1 securities in the name of or benefit of the City and have a market value of at least 103% of the original purchase price. Commercial Paper, Banker's Acceptances, and Guaranteed Investment Contracts that have met all requirements of state law, including ratings, term, and security. The following is the maximum goal for various types of authorized deposits (shown as a percentage of total investments) for each type of investment. The percentages are based mainly on the safety and liquidity of the investment and to obtain the overall highest rate of return with appropriate risk for the City. A. Collateralized Certificates of Deposits (CD's): 40% B. Collateralized Repurchase Agreements: 30% C. U.S. Treasury Obligations: 100% D. Municipal Investment Pool (MIP): 100% E. Commercial Bank Savings Accounts: 15% F. U.S. Government Agency Securities: non -callable 100% G. U.S. Government Agency Securities: callable 70% H. U.S. Government Sponsored Corporation's Instruments: non -callable 75% I. U.S. Government Sponsored Corporation's Instruments: callable 70% J. Commercial Paper: 20% K. Banker's Acceptances: 10% L. Guaranteed Investment Contracts: 25% M. State or Local Governmental Obligations: 30% TERM OF INVESTMENTS The maximum term of any investment may not exceed five (5) years. TRANSACTION SETTLEMENTS The settlement of all transactions, except investment pool funds and mutual funds, shall be on a delivery versus payment basis. V. REPORTING The Finance Director shall submit a signed quarterly investment report to the City Council that contains the information required by the Public Funds Investment Act including but not limited to: A. describing in detail the investment position of the entity on the date of the report; B. stating the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; ' C. stating the maturity date of each separately invested asset that has a maturity date; and D. stating the compliance of the investment portfolio of the City as it relates to the investment strategy stated in the City's Investment Policy. VI. SELECTION OF BROKERS AND SECURITY DEALERS For brokers and dealers of government securities the City may select only those dealers reporting to the Market Reports Division of the Federal Reserve Board of New York also known as the "Primary Government Security Dealers," unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. Investment officials shall not knowingly conduct business with any firm with whom public entities have sustained losses on investments. All securities dealers shall provide the City with references from public entities which they are currently serving. The city shall review the list of brokers on an annual basis pursuant to Section 2256.025 of the Public Funds Investment Act. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the following as appropriate: A. audited financial statements ' B. proof of National Association of Securities Dealers (NASD) certification C. proof of state registration D. certification of having read the City's Investment Policy signed by a registered principal of the organization E. acknowledgement that the organization has implemented reasonable procedures and control in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization. The list of brokers/dealers, financial institutions, banks, and investment pools shown are authorized to conduct investment business with the City. VII. INVESTMENT POLICY ADOPTION The City of Allen Investment Policy shall be adopted by resolution of the City Council. The City Council shall review this Investment Policy and investment strategies annually and any modifications made thereto must be approved by the City Council. Authorized Broker/Dealers, Financial Institutions, Banks, and Investment Pools 1445 Ross Avenue, Suite 210 First Empire Securities Dallas, TX 75202 Leo Triolo, Senior VP 1-800-937-0998 (Dallas) ' 1393 Veterans Memorial Hwy 214-740-1586 (Susan phn) 214-740-9990 (fax) Hauppauge, NY 11788-3000 214-777-4018 Chuck phn) 800-645-5424 wardst(a),wellsfar og com 631-979-0448 Fax Chuck.lmdry@wellsfareo.com Itriolon.lempire.com Larry Miele Lmielenlemoire.eom Zions First National Bank - 1 The Benchmark Company, LLC Rick Mazzola 40 Fulton Street, 19th Floor New York, New York 10038 877-207-8882 212-312-6768 212-312-6790 fax 212-223-7363 Fax rmazzola(dbloombere.net Coastal Securities Tony D. Sekaly 5555 San Felipe, Suite 2200 Houston, TX 77055 800-681-4121 713-435-4534 Fax tonv.sekalv(a).coastalsecurities.com tdsncoastalsecurities. com Therese Gillis hti(i.coastalsecurities.com First Southwest Asset Management Inc. TexSTAR, Mary Ann Dunda 325 North St. Paul Street, Suite 800 Dallas, TX 75201 1-800-839-7827 214-953-4086 214-953-8878 Fax mdunda6?4£us1sw.com Gilford Securities Steve Ned 2020 Main Street, Suite 650 Irvine, CA 92614 800-540-7000 949-852-7002 Fax Steve.Neri(a).ailfordsecurities.com s.neri@oilfordsecurities.com steveneriQgilfordsecurities.net stevewalker(a) ei I fordsecurities. net Wells Fargo Brokerage Services, LLC SusanT. Ward (Dallas) MAC TS303-028 Capital Markets Kathleen Sullivan, AVP One South Main Street, 17" Floor Salt Lake City, UT 84111 801-524-4819 801-524-4659 Fax iurayAbloomberg.net Dianne Parker Texpool Participant Services c/o Federated Investors 1001 Texas Ave, 14" Floor Houston, TX 77002 866-839-7665 Fax 866-839-3291 dnarker(rdfedemtedinv.com Raymond James Financial Services, Inc Jamie Richardson, CPR Principal 1309 W. 15" St., Suite 400 Plano, TX 75075 972-398-3472 972-578-5000 ext 7410 972-801-9719 Fax i amie.richardson(a)xavmo ndi ame s. com www.viewoointbank.com/invest Capital One, N.A. Wendy Wong -Majors, VP Public Funds 600 N. Pearl St., STE 2500 Dallas, Texas 75201 214-855-1611 800-562-9007 Fax: 972-822-3910 Wendvwon¢-mai om(acanitalonebank.com First Public, LLC Trent Toon Authorized Broker/Dealers, Financial Institutions, Banks, and Investment Pools 800-558-8875 Toll Free 214-228-2658 (cell) 512467-3695 Direct 972-618-2000 (office) ' 512-452-7842 Fax 7620 Guadalupe 972-618-7345(fax) esau liu0cathavbank.com Austin, Texas 78752 Trent.Toon(afirstpublic.com RBC Dain Rauscher Philip Smith Viewpoint Bank Institutional Fixed Income Patti McKee, Exec. VP, CFO Cityplace, suite 2500 Charles Bangert, Investment Officer 2711 N Haskell Avenue Kari Anderson, Controller Dallas, TX 75204 321 E. McDermott 866-410-5833 225 S. Custer Rd. 214-989-1423 Allen, Texas Fax 866-958-1640 1-800-578-9009 469467-1004 (fax) ehilip.smitharbccm.com 972-578-5000 Charles 972-509-200 ext. 7226 Charles 469-467-1083 (fax) Comerica Securities, Inc. patti.mckeea,viewpointbank.com Chris Theut, Institutional Sales charles.baneert@,viewpointbank.com 201 W. Fort St. 3rd Floor kari.andersonAviewpointbank.com MC 3089 Detroit, MI 48226 American National Bank 313.222.0048 Colleen Biggerstaff, Banking Supervisor 800.327.7058 Toll Free Tammy Hoggatt 313.964.2743 Fax ' 720 S. Greenville Ave. ctheut(cDcomerica.com Allen, Texas 972-727-5785 ext 5929 214-863-5929 214-863-6179 (fax) Legacy Texas Bank colleenbig eg rstafft7&.anbtx.com Jennifer Moss 5000 Legacy Drive, Ste 120 Plano, TX 75024 Lone Star Investment Pool 972 461-7055 First Public, LLC Jennifer.moss011egacvtexas.com Trent Toon 800-558-8875 Toll Free 512-467-3695 Direct 512-452-7842 Fax 7620 Guadalupe Austin, Texas 78752 Trent.Toona,firstpublic.com Texas Security Bank Nicki Davis, Asst VP Treasury Management Cathay Bank-Dallas Region 1212 Turtle Creek Blvd Esau C. Liu,First Vice President & Dallas, TX 75207 ' Regional Manager 469-398-4827 Direct.Cell.Fax 4100 Legacy Dr., Suite 403 214-571-9595 Main Plano, Texas 75024 Nicki.davis(&TexasSecuritvBank.com