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HomeMy WebLinkAboutRES 07-119 RESOLUTION NO. 07-119 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont Investment Policy, substantially in the form attached hereto as Exhibit 'A" has been reviewed and is hereby in all things adopted. All changes to the policy are reflected therein. PASSED BY THE CITY COUNCIL of the City of Beaum his the 1 st day of May, 2007. MO/�j.�h�l X�% it, - Mayor Guy N. Goodson - X t- .... W i X11\ �1�— City of Beaumont, Texas ...................................................................................................................... Investment Policy ...................................................................................................................... Adopted by Resolution of City Council on September 26, 1995 Amended October 29, 1996 October 28, 1997 November 3, 1998 November 9, 1999 November 21,2000 January 29, 2002 March 4,2003 May 4,2004 September 20,2005 EXHIBIT "A" City of Beaumont Investment Policy L Introduction It is the policy ofthe City of Beaumont to invest public funds in a manner which will ensure that the investments are duly authorized,properly managed,adequately protected and fully collateralized. The City shall seek the highest investment return with the maximum security while meeting daily cash needs and conforming to the City Charter, the Public Funds Investment Act(Chapter 2256,Government Code as amended)and all other state and local statutes governing the investment of public funds. IL Scope This investment policy applies to all financial assets of the City as accounted for in the City's Comprehensive Annual Financial Report. These include General, Special Revenue, Debt Service,Capital Projects,Enterprise,Internal Service and Fiduciary Funds. All are pooled for investment purposes except debt service and debt service reserve funds. Interest is allocated monthly to each fund based on its individual cash balance. III. Prudence Investments shall be made with judgment and care, under prevailing circumstances,that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs,not for speculation,but for investment,considering the probable safety of capital and the probable income to be derived. The "prudent person" standard shall be applied in the context of managing the total portfolio rather than a single investment providing that the decision was consistent with this investment policy. (Section 2256.006, Government Code) Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of responsibility for an individual security's credit risk or market price changes provided that deviations from exceptions are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. Objectives The primary objectives, in priority order, of the City's investment activities shall be preservation and safety of principal, liquidity and yield. (Section 2256.006, Government Code) 1 City of Beaumont-Investment Policy A. Safety of principal The City of Beaumont has as its foremost objective to ensure the safety of principal. Investments of the City shall be undertaken in a manner that seek to ensure the preservation of capital in the overall portfolio. To attain this objective diversification is required in order to eliminate an over-concentration of assets in one institution, maturity or type of securities. B. Li ui The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. The portfolio shall be constructed so that investment maturities are matched with forecasted cash flow requirements and limited by investments in securities with an active secondary market. C. Yield The City's investment portfolio shall be designed with the objective of attaining a rate of return which is consistent with risk limitations and cash flow characteristics of the City's investments. V. Delegation of Authority Authority to manage the City's investment program is derived from the City Charter(article VII, section 1-2). The Charter designates the City Manager as Director of Finance who shall have custody of all public funds, investments, bonds and notes of the City and be responsible for their safekeeping. The City Manager shall establish written procedures for the operation of the investment program consistent with this investment policy which include explicit delegation of authority to persons responsible for investment transactions. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Each"investment official"shall be approved by resolution ofCity Council to invest the City of Beaumont's funds. As shown in exhibit "A", the City Manager, the Chief Financial Officer and the City Treasurer are currently approved as investment officials of the City of Beaumont. Such approval of specific persons shall remain in effect until rescinded by the City Council or until termination of the person's employment by the City of Beaumont. Investment officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard as described in section III of this policy. (Section 2256.005 (f)-(h), Government Code) 2 City of Beaumont-Investment Policy VL Ethics and Conflicts of Interest Officers and employees 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 their ability to make impartial investment decisions. Investment officials shall disclose any personal business relationships with business organizations approved to conduct investment transactions with the City of Beaumont as described in Section 2256.005 (i)(1-3)of the Government Code. They shall also disclose any specific individuals who seek to sell investments to the City and are related to the employee within the second degree by affinity or consanguinity, as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City Council of the City of Beaumont. An ethics statement signed by each investment official is attached as exhibit"B". VII. Training Each investment official of the City of Beaumont shall attend as least ten (10) hours of training relating to investment responsibilities within 12 months after assuming such duties and shall continue to attend an investment training session not less than once every two years thereafter consisting of at least ten (10) hours of instruction. Training shall be in accordance with the Public Funds Investment Act and include education in investment controls, security risks, strategy risks, market risks, and compliance with state statutes governing the investment of public funds. All training shall be conducted by an independent source which has been approved by City Council. (Section 2256.008, Government Code) The Government Treasurers Organization of Texas, the Government Finance Officers Association of Texas, the Texas Municipal League and the University of North Texas are hereby approved as"independent sources"who may provide such training to investment officials. VIII. Selection of Financial Dealers, Institutions and Investment Pools Authorized investments shall only be purchased from those institutions included on the City's list of broker/dealers, financial institutions and investment pools as approved by the City Council. An "approved list", as shown in exhibit "C", shall be maintained by investment officials at all times and reviewed by the City Council on an annual basis. (Section 2256.025, Government Code) 3 City of Beaumont-Investment Policy Any business organization which seeks to execute investment transactions with the City of Beaumont shall provide a written instrument certifying that they have received and thoroughly reviewed the City's investment policy and have implemented reasonable procedures and controls in a effort to preclude investment transactions that are not authorized by this policy. The certification, as shown in exhibit"D", must be signed by a qualified representative ofthe business organization. Investment officials shall not buy any securities from a firm which has not filed this instrument. (Section 2256.005 (k)-(1), Government Code) A. Broker/Dealers The City shall select broker/dealers by creditworthiness and may include "Primary Government Securities Dealers"or regional dealers that qualify under Securities and Exchange Commission(SEC)Rule 150-1(uniform net capital rule). Broker/dealers selected must be members in good standing of the National Association of Securities Dealers,Inc. (NASD)and be licensed by the State of Texas. The minimum net capital requirement is$5,000,000 and the business must have been in operation for at least five years. Firms who desire to become approved bidders for investment transactions must supply the City with audited financial statements,a trading agreement and other information regarding their capabilities, experience, general reputation, size and capitalization. Each firm will be reviewed by investment officials and a recommendation made for approval by City Council. B. Public Depositories The City Council shall select a primary depository every three years. The primary depository as authorized by the City Council shall meet all requirements of the state law concerning depositories for municipal funds. (Chapter 105, Government Code) The institution offering the most favorable terms and conditions for the handling of City funds shall be selected as the depository. The City Council may also establish agreements with financial institutions under separate contract for additional services which are necessary in the administration, collection,investment,and transfer ofmunicipal funds.(Section 105.018,Government Code) Financial institutions who desire to become approved bidders for investment transactions shall submit information similar to that of a broker/dealer as described above (section VIII-A). No deposit shall be made except in a qualified public depository as established by State Law. The City of Beaumont shall not place deposits or investments with Saving and Loan Associations or Credit Unions. 4 City of Beaumont-Investment Policy C. Investment Pools Investment officials may invest funds of the City of Beaumont through an eligible investment pool with specific approval by resolution of City Council and execution of a written agreement. To become eligible, investment pools must first meet all requirements of State Law.They shall provide the City with an offering circular which contains specific and detailed information and provide detailed monthly transaction and performance reports. Pools shall have advisory boards composed of qualified members representing participants and non-participants who do not have a business relationship with the pool. (Section 2256.016-2256.019,Government Code)Before selection, pools shall be thoroughly reviewed and evaluated by investment officials. Annually, a review of the financial condition and registrations of approved bidders will be conducted by investment officials. A current audited financial statement is required to be on file for each financial institution, broker/dealer or investment pool in which the City of Beaumont invests. IX. Authorized and Suitable Investments Authorized investments for municipal governments in the state of Texas are set forth in the Public Funds Investment Act, as amended. (Section 2256.009-2256.019, Government Code) Suitable investments for the City of Beaumont are limited to the following: ♦ Direct Obligations ofthe United States or its agencies and instrumentalities which are non-callable and have a maximum stated maturity date of 5 years or less. Federal agencies which do not carry the explicit U.S. Government guarantee must be continuously rated no lower than AAA/A-1 or an equivalent rating by at least one nationally recognized rating agency. ♦ Certificates of deposit issued by approved depository banks as described above (section VIII-B)which have a maximum stated maturity date of 5 years or less and are insured by the Federal Deposit Insurance Corporation, or their successors; or secured by obligations that are described in Section 2256.009(a)of the Government Code. ♦ Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by obligations of the United States or its agencies and instrumentalities and pledged with a third party other than an agent for the pledgor. Investment officials may invest in repurchase agreements through an approved primary government securities dealer or an approved depository bank as described above(section VIII-A,B). Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. 5 City of Beaumont-Investment Policy ♦ No load money market mutual funds registered with and regulated by the Securities and Exchange Commission with a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of direct obligations of the United States and whose investment objectives include the maintenance of a stable net asset value of$1 per share. Money market mutual funds must provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 (Section 2256.014 (a), Government Code) and be specifically approved by City Council or purchased through the City's primary depository as an overnight investment tool. ♦ Approved investment pools as described above (section VIII-C) which are continuously rated no lower than AAA,AAA-m or an equivalent rating by at least one nationally recognized rating agency. Prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. The purchase of stock is not an authorized investment for municipal governments However_ stock may be accepted as a donation, provided that it is held in accordance with the terms of the donation and sold as soon as it is advantageous to do so Reinvestment of proceeds must be in accordance with authorized and suitable investments for the Ci , as listed above. X. Marking to Market All securities and certificates of deposit will be purchased or sold after at least two (2) offers or bids are taken to verify that the City is receiving a fair market value or price for the investment. The market value shall continue to be monitored at least quarterly through on-line investment software to which the City subscribes, the Wall Street Journal or some other recognized market pricing source. The City of Beaumont shall not obtain market pricing from business organizations who may engage in investment transactions with the City. XL Collateralization Collateralization will be required on all deposits, certificates of deposit and repurchase agreements. The collateralization level shall be equal to at least one hundred two percent (102%) of the aggregate market value of the deposit or investment including accrued interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence of the pledged collateral shall be documented by a tri-parry custodial or a master repurchase agreement with the collateral pledged clearly listed in the agreement. Collateral shall be reviewed monthly to assure that the market value of the securities pledged equals or exceeds the related deposit or investment balance. 6 City of Beaumont-Investment Policy Collateral requirements shall be in accordance with both the Public Funds Investment Act and the Public Funds Collateral Act (Chapter 2256 and 2257, Government Code). Collateral underlying repurchase agreements is limited to direct obligations of the United States or its agencies and instrumentalities. The City of Beaumont shall accept a surety bond or the following investment securities as collateral on deposits and certificates of deposit: ♦ Direct obligations of the United States or its agencies and instrumentalities.Direct obligations of this state or its agencies and instrumentalities. ♦ Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States and excluding those mortgage backed securities considered a high-risk mortgage security as described by Section 2257.0025 of the Government Code as well as those of the nature described by section 2256.009(b) of the Government Code. ♦ Other obligations which are guaranteed or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities. ♦ Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. ♦ Letters of credit issued by the United States or its agencies and instrumentalities. XII. Safekeeping and Custody Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank or at an institution not affiliated with a firm pledging collateral. All safekeeping arrangements shall be in accordance with a tri-party custodial agreement which clearly defines the responsibilities of each party and outlines the steps to be taken in order for the City to gain access to the collateral in the event of a "failure". The custodial agreement shall be executed between the City, the firm pledging the collateral and the custodial institution. All safekeeping receipts pts shall be delivered to the City and all collateral(whether a pledge or substitution)shall be formally accepted and released by City Council. All security transactions,including collateral for repurchase agreements,entered into by the City shall be conducted on a delivery-versus-payment(DVP)basis. That is,funds shall not be wired or paid until verification has been made that the correct security was received by the safekeeping institution. Pool funds and mutual funds are excluded from this requirement. The security shall be held in the name of the City or on behalf of the City. The City shall not purchase securities from the firm or banking institution designated as the safekeeping institution. 7 City of Beaumont- Investment Policy XIM Diversification The City of Beaumont will diversify its investments to eliminate an over-concentration of assets in any one security type or institution. ♦ Up to ninety percent(90%)par of the portfolio may be invested in direct obligations of the United States(U.S. Treasury Securities). ♦ Up to seventy percent(70%)par of the portfolio may be invested in U.S. Agency or Instrumentalities. ♦ No more than thirty percent(30%)par of the portfolio may be invested with any one U.S: Agency or Instrumentality. ♦ No more than fifty percent(50%)par of the portfolio may be invested in certificates of deposit or repurchase agreements. ♦ Up to one hundred percent(100%)par of the portfolio may be invested in investment pools for liquidity purposes with no more than eighty percent (80%) par of the portfolio invested in any one pool. ♦ No more than fifty percent (50%) par of the portfolio may be invested in money market mutual funds. ♦ No more than twenty five percent(25%)par ofthe portfolio may be invested with any one institution in certificates of deposit and/or repurchase agreements. Additionally, these investments shall not exceed ten percent (10%) of the capitalization of the financial institution. XIV. Investment Strategies The City of Beaumont shall maintain a separate investment strategy e for each of the three fund types represented in the portfolio. (Section 2256.005,(d), Government Code) A. Pooled Fund Gros Investment strategies for pooled fund groups containing operating funds have as their primary objective to ensure that anticipated cash flows are matched with adequate investment liquidity. Securities purchased shall not have a final stated maturity date which exceeds two(2)years from the date of purchase without specific approval by the City Council. The dollar weighted average maturity of the portfolio shall not exceed 365 days as calculated using the stated final maturity dates of each security. 8 City of Beaumont-Investment Policy B. Debt Service Funds Investment strategies for debt service funds shall have as their primary objective to ensure that investments mature as necessary to cover the debt service obligation on the required payment date. The stated final maturity date on securities purchased shall not exceed the debt service payment date unless excess funds are available. In that case, maximum maturities shall not exceed two (2) years from the date of purchase and the dollar weighted average maturity of the portfolio shall not exceed 365 days as is consistent with investment strategies for operating funds. C. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as their primary objective to seek the highest investment return with maximum security in order to produce a dependable revenue stream to the appropriate fund. Securities shall be invested in accordance with specific bond ordinances and shall not have a stated maturity date which exceeds the final maturity date of the bonds. At no time shall maximum maturities exceed five(5)years from the date of purchase. XV. Internal Control The City of Beaumont, in conjunction with its annual financial audit shall perform a compliance audit of management controls on investments and adherence to the City's investment policy. (Section 2256.005(m), Government Code) XVL Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles which is consistent with risk limitations and cash flow needs of the City . Given this strategy, the basis used by investment officials to determine whether market yields are being achieved shall be the average return on 90 day U.S. Treasury Bills. XVH. Reporting Investment officials shall submit a monthly report to City Council summarizing the results of the City's investment activity. This report shall include the status of the current portfolio position, performance, trading activity, interest earnings and collateral. A quarterly report shall be submitted to the City Manager,as ChiefExecutive Officer, 9 City of Beaumont- Investment Policy and the City Council detailing investment transactions and performance for the reporting period in accordance with state law.(Section 2256.023,Government Code) The report shall be jointly prepared and signed by all investment officials. It shall include a summary statement prepared in compliance with generally accepted accounting principles for each fund type and a detailed listing that states the beginning market value, changes to the market value, ending market value and fully accrued interest for the period. In addition, investment officials shall report on adherence to the City's investment strategies as expressed in this policy. The quarterly reports shall be formally reviewed by the City's independent auditor on an annual basis and the results of the review shall be reported to City Council. (Section 2256.023, (d), Government Code) XVIIL Investment Policy Adoption The City's investment policy is hereby adopted by resolution of the City Council on September 26, 1995. The City Council shall review and approve any modifications to the policy on an annual basis. This policy serves to satisfy the statutory requirement to define and adopt a formal investment policy as set forth in Section 2256.005 of the Government Code. 10