Loading...
R-3114-10-12RESOLUTION NO. 311410-12(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 22, 2011 and March 13, 2012; and, WHEREAS, the Investment Policy is hereby amended to include required training of staff within the fiscal year time period pursuant to Chapter 2256 TEX. GOV'T CODE, address safekeeping and custody of securities, expand on ethics and conflicts of interest for investment staff, include no-load money market mutual funds as authorized investments, clarify that guaranteed investment contracts are eligible investments if included in the ordinance authorizing the issuance of bonds, address the liquidation of investments that may no longer meet certain requirements and to establish procedures for monitoring rating changes, clarify the transaction bidding process, and add authorized broker/dealer/financial institutions/ banks/and/or investment pools; and, WHEREAS, the Investment Policy attached as Exhibit "A" has been reviewed and includes amendments since the re -adoption on March 13, 2012. 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 effect upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 9" DAY OF OCTOBER, 2012. APPROVED: ,43a >0 W - StepherTerrell, MAYOR ATTEST: 'ftel[4 B. Geo e, CITY SECRETARY L n EXHIBIT A CITY OF ALLEN, TEXAS INVESTMENT POLICY October 9, 2012 Resolution No. 3114-10-12IR1, Page 2 ' 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 (PFIA), Chapter 2256, Texas Government Code, as amended, [the "Act"]) to define, adopt and review a formal investment strategy and policy. Additionally, this policy excludes the investment of public funds that are invested by a trustee pursuant to Chapter 172 of the Texas Local Govemment Code, and Chapter 113 and Chapter 117 of the Texas Trust Code, , for the City's retiree healthcare benefits program. Such funds are invested pursuant to a separate Investment Guidelines Document as part of a Post -Retirement Health Care Plan Trust. 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. 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. I. SCOPE ' This investment policy applies to all financial assets of the City of Allen including component units reported as follows: Resolution No. 3114-10-12(R), Page 3 • General Fund • Enterprise Funds ' • Debt Service Funds • Special Revenue Funds • Capital Projects Funds • Internal Service Fund • Trust and Agency Funds • Economic Development Corporation • Community Development Corporation Funds that are invested by a trustee pursuant to Chapter 172 of the Texas Local Government Code, and Chapter 113 and Chapter 117 of the Texas Trust Code, for the City's retiree healthcare benefits program are excluded from this policy. 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 he 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 Chief Financial Officer (CFO) 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 CFO. No person may Resolution No. 3114-10-12(R), Page 4 engage in an investment transaction except as provided under the terns of this policy and the procedures established by the CFO. The CFO shall be responsible for all transactions undertaken and shall establish a ' system of controls and compliance audit to regulate the activities of subordinate officials. The CFO shall be responsible for all transactions undertaken and shall establish a system of controls and compliance audit to regulate the activities of subordinate officials. The investment officers shall attend training sessions within the fiscal year time period in compliance with Section 2256.008 of the Act. New investment officers shall attend training within 12 months after taking office or assuming duties. The CFO shall establish written procedures for the operation of the investment program, consistent with this investment policy. Procedures shall include reference to safekeeping and reporting of the portfolio market value for securities held in safekeeping, banking service contracts and collateral. Securities and collateral will be held by a third party custodian designated by the City and held in the City's name as evidenced by safekeeping receipts of the institution with which the securities are deposited. The market value of the securities and collateral shall be reported at least monthly by the custodians. 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 far 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. An investment officer of the City who has a personal business relationship, as defined in the PFIA Section 2256.005, with a financial organization seeking to sell an investment to the City, shall file a disclosure statement with the Texas Ethics Commission, the City Council, and the City Manager. 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 Resolution No. 3114-10-12tR1, Page 5 deviations from expectations are reported in a timely fashion and the liquidity and the sale of the securities are carried out in accordance with the terns 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 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. Authorized Finance management staff will be responsible for the actual investment decisions. INTERNAL CONTROL: The CFO 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. M. 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 the weighted 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: Resolution No. 3114-10-12(R), Page 6 A. obligations of the United States of America, its agencies and instrumentalities; t 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, including obligations that are fully insured or guaranteed by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; 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 firth not less than A or its equivalent; F. certificates of deposits and share certificates meeting the requirements of the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended (the "PFIA"), (i) that are issued by a depository institution that has its main office or a branch office in the state of Texas, that are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal 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. Public Funds Investment pools 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 mm, 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 securities in the time of or benefit of the City and have a market value of at least 103% of the original purchase price. 1. Commercial Paper and Banker's Acceptances that have met all requirements of state law, including ratings, term, and security. I. No-load money market mutual fund that meets the requirements of state law as an authorized investment under Chapter 2256 of the PFIA. K. Guaranteed investment contracts that meet the requirements of state law as an authorized ' investment for bond proceeds and that the governing body of the City has specifically authorized guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds Resolution No. 3114-10-12(R), Page 7 L. The City is not required to liquidate investments that were an authorized investments at the time of purchase. ' M. The City shall take all prudent measures that are consistent with its investment policy to liquidate an investment that no longer has the required minimum rating. The City shall establish procedures to monitor rating changes of its investments. 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): 50% 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 700/6 J. Commercial Paper: 20% K. Banker's Acceptances: 10% L. Guaranteed Investment Contracts: 25% M. State or Local Governmental Obligations: 30% N. Money Market Mutual Funds 15%• ' • Must comply with percentage restriction in PFIA Section 2256.014(c) TERM OF INVESTMENTS The maximum tern of any investment may not exceed five (5) years. TRANSACTION BIDS Transaction bids may be obtained orally, in writing, electronically, or in any combination of these methods. It is recommended to obtain at least three competitive bids for individual security purchases, however, this provision excludes transactions involving money market mutual funds, local government investment pools, securities issued and deemed to be made at prevailing market rates, or a reinvestment of funds from a called security with the original broker. 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 CFO 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: Resolution No. 3114-10-12(R), Page 8 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 1 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. SELECTTON 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. NI1AWMA a<51168 WN r ZO II CN%A 1211 W 0 CU21 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. Resolution No. 3114-10-12(R), Page 9 Authorized Broker/Dealer/Financial Institutions/Banks/Investment Pools American National Bank Colleen Biggerstaff 972-727-5785 c_ olleenbiggerstaffRanbtx corn 720 S. Greenville Ave., Admin. Officer Ext 5929 Allen, TX 75002 214-863-6179 F Bank of America Merrill Julia Ann Erickson 214.2092015iulia.a.erickson(a)baml.com Lynch Vice President of 214.2092067 F Bank of America, N.A. Global Liquidity 901 Main Street, 63rd Floor Investment Services Dallas, TX 75202 Cantor Fitzgerald Don La Pima 214-866-0410 dlaoianaQcantor.com 14185 Dallas Parkway, 800- 883-6332 Suite 870 214 -662-6632 C Dallas, TX 75254 972- 385-0691 F Cathay Bank Elizabeth Chang 972-618-2000 liz chang(dcathaybank.com 4100 Legacy Dr. Assist. Branch Mgr Ext 8248 Suite 403 972-618-7345 F Plano, TX 75024 Coastal Securities Tony D. Sekaly 800-681-4121 tonv.sekalv(<).cosstalsecurities.com tds(a)coastalsecurities.com 5555 San Felipe 713-435-4534 F Suite 2200 Therese Gillis Houston, TX 77055 bti(dcoastalsecurities.com Collin Bank Jennifer Moss, CTP 972-294-6245 imossacollinbank.com 2701 Dallas Parkway Sr. Vice President 469-222-5002 C Suite 100 469-326-0049 F Plano, TX 75093 Comerica Bank Rosie G. Fayson 214-589-5694 refayson(a).comerica.com MC6548 VP -Texas Market 469-235-7710 C 1508 West Mockingbird Ln Municipal Banking 214-589-5450 F Dallas, TX 75235 Comerica Securities, Inc. Chris Them 313-222-0048 ctheut(dcomericacom 201 W. Fort St. Institutional Sales 800-327-7058 3rd Floor 313-964-2743 F MC 3089 Detroit, MI 48226 East West Bank Esau Liu, 713-219-2555 esau.Iiu(a),eastwestbank.com 6588 Corporate Drive, Senior Vice 713-995-1780 F Suite 100, President/Manager, 713-208-6463 C Houston, TX 77036 Southwest Region First Empire Securities Chris Reda 800-645-5424 croda(&I empire.com 100 Motor Parkway VP -Fixed Income www.lermire.com 2"a Floor Strategies Hauppauge, NY 11788 Resolution No. 3114-10-12(R), Page 10 I 1 Gilford Securities Steve Ned 800-540-7000 Steve Neri(d�gilfordsecurities.com 2020 Main Street 949-852-7002 F Suite 650 Irvine, CA 92614 Legacy Texas Bank Elisa Martinez 972461-7290 Eliza Martinez(dlegacvtexas.com 5000 Legacy Drive 469-682-0311 C Suite 120 972-461-7020 F Plano, TX 75024 Stifel Nicolaus & Co., Inc. Michael B Bell 214-706-9469 bellmQgifel.com Fixed Income Inst Sales Director 866-779-2415 Mbe1123(abloombem.net 5956 Sherry Lane Nancy Gross 214-368-0292 F arussn(dstifel.com Suite 875 515-661-6271 naruss(dbloombera net Dallas, TX 75225 515-661-6334 F Texas Security Bank Nicki Davis 469-398-0827 Nicki Davis(d.TemSecurilyBank.co 1212 Turtle Creek Blvd Vice President 469-3984888 F m_ Dallas, TX 75207 Treasury Mgmt TexPaol Participant Dianne Parker 866-839-7665 doartker(alfederetedinv.com Services 866-839-3291 do Federated Investors 1001 Texas Avenue Suite 1400 Houston, TX 77002 Viewpoint Bank Patti Mckee 972-578-5000 uaUi mckee(dviewoointbank com 321 E. McDermott Executive VP, CFO 800-578-9009 Charles Bangert(dviewoointbank co Allen, TX 75013 Charles Bangert, 469467-1004 F m VP -Director of Charles michaelmartin(d ie oointbankcu Finance 972-801-5762 m_ Michael Martin, Michael Treasury Sales 972-801-5884 Officer 469-964-7246 C 469467-1043 F Wells Fargo Brokerage Susan T Ward Dallas 800-937-0998 wardst(dwellsfarao.com Services, LLC Huey Scott Susan 214-740-1586 Hue H Scon(d ellsfarao com 1445 Ross Avenue 214-740-9990 F Suite 210 Huey 214.7774033 Dallas, TX 75202 Zions First National Bank Kathleen Sullivan 801-5244819 iturvAbloombera.net Capital Markets Assistant Vice 801-524-0659 F One South Main Street President 17° Floor Salt Lake City, UT 84111 Resolution No. 311410-12(R), Page 11