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R-3071-3-12RESOLUTION NO. 3071-3-12(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 June 22, 2010 and March 22, 2011; and WHEREAS, the Investment Policy is hereby amended to include the Economic Development Corporation and Community Development Corporation as component units, increases the maximum percentage of Collateralized Certificates of Deposits (CD's) from 40% to 50% of the total investment portfolio, change title of Finance Director to Chief Financial Officer, remove and add authorized broker/dealer/financial institutions/ bankstand/or investment pools; and WHEREAS, the Investment Policy attached as Exhibit "A" has been reviewed and includes amendments since the re -adoption on March 22, 2011. 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, COLLIN COUNTY, TEXAS, ON THIS THE 13'rr DAY OF MARCH, 2012. ATTEST: lOtiSl Shelley B. GeorkatITY SECRETkRV 1 APPROVED: AQ�ax Stephen Terrell, MAYOR EXHIBIT A CITY OF ALLEN, TEXAS INVESTMENT POLICY March 13, 2012 Resolution No. 3071-3-12(R), 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 Fonds Investment Act, 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 Government 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. 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 ' tern 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. ' 1. SCOPE This investment policy applies to all financial assets of the City of Allen including component units reported as follows: Resolution No. 3071-3-12(R), Page 3 • General Fund • Enterprise Funds • Debt Service Funds ' • Special Revenue Funds • Capital Projects Fonds • 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. II. 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. M. RESPONSIBILITY AND CONTROL ' DELEGATION OF AUTHORITY AND TRAINING Resolution No. 3071-3-12(R), Page 4 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 m secondary investment officer in the absence of the CFO. The CFO 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 CFO. The CFO 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 training sessions in compliance with Section 2256.008 of the Act. New investment officers shall attend training 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 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 Resolution No. 3071-3-12(R), Page 5 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 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. IV. INVESTMENT PORTFOLIO 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; Resolution No. 3071-3-12(R), Page 6 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 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 tum, 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, Bankers 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): 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% 1. U.S. Government Sponsored Corporation's Instruments: callable 70% I. Commercial Paper: 20% ' K. Bankers Acceptances: 10% L. Guaranteed Investment Contracts: 25% M. State or Local Governmental Obligations: 30% Resolution No. 3071-3-12(R), Page 7 TERM OF INVESTMENTS ' The maximum term 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. 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: 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 Resolution No. 3071-3-12(R), Page 8 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/Dealer/Financial Institutions/Banks/Investment Pools American National Bank Colleen Biggerstaff 972-727-5785 colleenbieeernafUmbtz.com 720 S. Greenville Ave., Admin. Officer Ext 5929 Allen, TX 75002 214-863-6179 F Cantor Fitzgerald Don La Pinna 214-866-0410 dlaoiana(lcantoccom 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 chane(�cathaybank.com 4100 Legacy Dr. Assist. Branch Mgr EM 8248 Suite 403 972-618-7345 F Plano, TX 75024 Coastal Securities Tony D. Sekaly 800-6814121 tonv.sekalv(a)coastalsecurlties com tds(acoastalsecurities.com 5555 San Felipe 7134354534 F Suite 2200 Therese Gillis Houston, TX 77055 hf coastalsecurities.com Collin Bank Jennifer Moss, CTP 972-294-6245 imoss(A7collinbank.com 2701 Dallas Parkway Sr. Vice President 469-222-5002 C Suite 100 469-326-0049 F Plano, TX 75093 Comerica Bank Rosie G. Payson 214-589-5694 refawon(<),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 Theut 313-222-0048 ctheut(<ilcomerica.com 201 W. Fon St. Institutional Sales 800-327-7058 3rd Floor 313-964-2743 F MC 3089 Detroit, MI 48226 First Empire Securities Chris Reda 800-645-5424 cnida a lemnire.com 100 Motor Parkway VP -Fixed Income www.lempire.com 2"a Floor Strategies Hau au e, NY 11788 Gilford Securities Steve Neri 800-540-7000 Steve.Neri a(Ieilfordsecurlties.com 2020 Main Street 949-852-7002 F Suite 650 Irvine, CA 92614 Resolution No. 3071J -12(R), Page 9 I Legacy Texas Bank 5000 Legacy Drive Elisa Martinez -t 972461-7290 469-682-0311 C EOza.Martineydleeacvtexas.com Suite 120 972-461-7020 F Plano TX 75024 Stifel Nicolaus & Co., Inc. Fixed Income Inst Sales Michael B Bell Director 214-706-9469 866-779-2415 bellm(a).stifel.com Mbell23(la.bloombere net 5956 Sherry Lane Nancy Grass 214-3684292 F emssn(alstifel corn Suite 875 Dallas, TX 75225 515-661-6271 515-661-6334 F neruss(a bloombere net Texas Security Bank Nicki Davis 469-398-4827 Nicki.Davis(a)Texa SecuriNBank com 1212 Turtle Creek Blvd Vice President 469-3984888 F Dallas TX 75207 Treasury Mgmt TexPool Participant Services Dianne Parker 866-839-7665 dpartkerlalfederatedirm com c/o Federated Investors 866-839-3291 1001 Texas Avenue Suite 1400 Houston, TX 77002 Viewpoint Bank Patti Mckee 972-578-5000 patti.mckee(a)viewoointbank com 321 E. McDermott Executive VP, 800-578-9009 Charles.BangmKilviewoointbank com michael.martin(alviewoointbank com Allen, TX 75013 CFO 469-467-1004 F Charles Bangert, Charles VP -Director of 972-801-5762 Finance Michael Michael Martin, 972-801-5884 Treasury Sales 469-964-7246 C Officer 469467-1043 F Wells Fargo Brokerage Susan T Ward Dallas 800-937- wardst(alwellsfargo.com Services, LLC Huey Scott 0998 Huev.H.Scottna.wellsfareo.com 1445 Ross Avenue Susan 214-740-1586 Suite 210 214-740-9990 Dallas, TX 75202 F Huey 214-7774033 Zions First National Bank Kathleen Sullivan 801-524-4819 'iumpAbloombera.net Capital Markets Assistant Vice 801-5244659 F One South Main Street President 17a Floor Salt Lake City,UT 84111 Resolution No. 3071-3-12(R), Page 10