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R38CITY SECRETARY OFFICIAL FILE (30PY RESOLUTION NO. 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ADOPTING A WRITTEN INVESTMENT POLICY AND DESIGNATING THE FINANCE DIRECTOR AS THE CITY INVESTMENT OFFICER. WHEREAS, Section 2256.005 (a) of the Public Funds Investment Act (the "Act ") directs the governing body of an investing entity to adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control; WHEREAS, the Act has been amended and certain of the amendments necessitate the revision of the City's existing Investment Policy; and WHEREAS, the Act requires the governing body of an investing entity to designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as Investment Officer to be responsible for the investment of its funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The City Council of Kennedale hereby adopts the Investment Policy dated October , 1995, as attached to this resolution. This Policy Investment shall supersede the Policy adopted in March 10, 1988 f.\file \kennedale\re olut\invet.pol (0921/95) Page 1 SECTION 2. The City Council hereby designates Ms. Vicki Thompson as Investment Officer, and charges her to diligently carry out the duties of investment officer in compliance with the Investment Policy and other applicable state and local guidelines and statutes. Said designation shall be effective until rescinded by City Council or upon termination of the person's employment with the City of Kennedale. SECTION 3. This resolution shall be effective immediately upon adoption. APPROVED this 12 day of October , 1995. &V Mayor Attest: City Secret ry C\ files \kcnnedale \re olut \inve t.pol(09 /21/95) Page 2 1 City of Kennedale 2 Investment Policy 3 October 1995 4 5 6 7 01.0 Policy: 8 9 It is the policy of the City of Kennedale to invest public funds in a manner 10 which will provide highest investment return without safety or liquidity risk 11 while meeting the daily cash flow demands of the City and conforming to all 12 provisions of the Public Funds Investment Act (HB 2459). 13 14 02.0 Scope: 15 16 This investment policy applies to all financial assets of the City of 17 Kennedale. These funds are accounted for in the City of Kennedale's Annual 18 Financial Audit. 19 02.1 Funds: 20 02.1.1 General Fund 21 02.1.2 Enterprise Funds (Water /Sewer Fund and Ambulance Fund) 22 02.1.3 Special Revenue Funds 23 02.1.4 General Obligation Interest and Sinking Fund 24 02.1.5 Any new fund created by Council, unless specifically 25 exempted) 26 27 03.0 Prudence: 28 29 Investments shall be made with judgment and care - -under circumstances then 30 prevailing - -which persons of prudence, discretion and intelligence exercise in 31 the management of their own affairs, not for speculation, but for investment, 32 considering the probable safety of their capital as well as the probable 33 income to be derived. 34 03.1 The standard of prudence to be used by investment officials shall 35 be the "prudent person" standard and shall be applied in the context of 36 managing an overall portfolio. Investment officers acting in accordance 37 with written procedures and the investment policy and exercising due 38 diligence shall be relieved of personal responsibility for an individual 39 security's credit risk or market price changes, provided deviations from C \winword \work \invpoll 1 40 expectations are reported in a timely fashion and appropriate action is 41 taken to control adverse development. 42 43 04.0 Objective: 44 45 The primary objectives in priority order, of the City of Kennedale investment 46 activities shall be: 47 04.1 Safety: Safety of principal is the foremost objective of the 48 investment program. Investments of the City of Kennedale shall be 49 undertaken in a manner that seeks to ensure the preservation of capital 50 in the overall portfolio. To attain this objective, diversification is 51 required in order that potential losses on individual securities do not 52 exceed the income generated from the remainder of the portfolio. 53 04.2 Liquidity: The City of Kennedale's investment portfolio will 54 remain sufficiently liquid to enable the City to meet all operating 55 requirements which might be reasonably anticipated. 56 04.3 Yield: The City of Kennedale's investment portfolio shall be 57 designed with the objective of attaining a rate of return throughout 58 budgetary and economic cycles, commensurate with the City's investment 59 risk constraints and the cash flow characteristics of the portfolio. 60 61 05.0 Delegation of Authority: 62 63 Management responsibility for the investment program is hereby delegated to 64 the Director of Finance under the direct supervision of the City 65 Administrator. The Director of Finance shall serve as the City's Investment 66 officer. The Director of Finance shall establish written procedures for the 67 operations of the investment program consistent with this investment policy. 68 Procedures should include reference to: safekeeping, repurchase agreements, 69 wire transfer agreements, banking service contracts and collateral /depository 70 agreements. Such procedures shall include explicitly delegation of authority 71 to persons responsible for investment transactions. No person may engage in 72 an investment transaction except as provided in the terms of this policy and 73 the procedures established by the Director of Finance, under the supervision 74 of the City Administrator. The Director of Finance, under the supervision of 75 the City Administrator shall be responsible for transactions undertaken and 76 shall establish a system of controls to regulate the activities of subordinate 77 officials. 78 C \winword \work \invpoll 2 79 06.0 Ethics and Conflicts of Interest: 80 81 Officers and employees involved in the investment process shall refrain from 82 personal business activity that could conflict with proper execution of the 83 investment program or which could impair their ability to make impartial 84 investment decisions. Employees and investment officials shall disclose to 85 the City Administrator any material financial interests in financial 86 institutions that conduct business within this jurisdiction, and they shall 87 further disclose any large personal financial /investment positions that would 88 be related to the performance of the City of Kennedale, particularly with 89 regard to the time of purchases and sales. 90 91 07.0 Authorized and Suitable Investments: 92 93 The City of Kennedale is empowered by HB 2459 to invest in the following types 94 of securities: 95 07.1 Certificates of Deposit by a state or national bank domiciled in 96 the State of Texas and meeting the requirements of HB 2459, Sec 97 2256.010. 98 07.2 Mortgage Backed Securities directly issued by a federal agency or 99 instrumentality that have a market value of not less than the principal 100 amount of the certificates and meeting the requirements of HB 2459, Sec 101 2256.009(a). 102 07.3 Repurchase Agreements fully collateralized and meeting the 103 requirements of HB 2459, Sec 2256.011. 104 07.4 Bankers' Acceptances meeting the requirements of HB 2459, Sec 105 2256.012, 106 07.5 Commercial Paper meeting the requirements of HB 2459, Sec 107 2256.013. 108 07.6 Mutual Funds meeting the requirements of HB 2459, Sec 2256.014. 109 07.7 Guaranteed Investment Contracts meeting the requirements of HB 110 2459, Sec 2256.015. 111 07.8 Investment Pools as authorized by ordinance, resolution or other 112 council action and meeting the requirements of HB 2459, Sec 113 2256.016,.017,.018,.019. 114 115 08.0 Collateralization: 116 C \winword \work \invpoll 3 117 Collateralization will be required on two types of investments: certificates 118 of deposit and repurchase (and reverse) agreements. In order to anticipate 119 market changes and provide a level of security for all funds, the 120 collaterization level will be not less than 102% of market value of principal 121 and accrued interest. 122 123 The City of Kennedale chooses to limit collateral to securities that are 124 backed by the full faith and credit of the federal government and items listed 125 in HBO 2459. 126 127 Collateral will always be held by an independent third party with whom the 128 City has a current custodial agreement. All clearly marked evidence of 129 ownership (safekeeping receipt) must be supplied to the entity and retained. 130 131 The right of collateral substitution is granted subject to compliance with 132 applicable federal laws. 133 134 09.0 Safekeeping and Custody: 135 136 All security transactions, including collateral for repurchase agreements, 137 entered into by the City of Kennedale shall be conducted on a delivery- versus- 138 payment (DVp) basis. Securities will be held by a third party custodian 139 designated and evidenced by safekeeping receipts. 140 141 10.0 Diversification: 142 143 The City of Kennedale will diversify its investments by security type and 144 institution. No more than 50% of the City's total investment portfolio will 145 be invested in a single security type with the exception of investment pool 146 securities. No more than 50% of the City's total investment portfolio will be 147 invested in any one specific investment pool. 148 149 In order to facilitate the transfer of significant amounts of City funds, the 150 City's Investment Officer, may for a period not to exceed two (2) business 151 days consolidate City funds in excess of 50% of the City's total investment 152 portfolio in any one specific investment pool. The City's investment officer 153 shall make diligent efforts to minimize the number and duration of times that 154 more than 50% of the City's total investment portfolio is invested in a single 155 investment pool. C \winword \work \invpoll 4 156 11.0 Maximum Securities: 157 158 To the extent possible, the City of Kennedale will attempt to match its 159 investments with anticipated cash flow requirements. Unless matched to a 160 specific cash flow, the City will not directly invest in securities maturing 161 more than two years from the date of purchase. However, the City may 162 collateralize its repurchase agreements using longer -dated investments not to 163 exceed 5 years to maturity. 164 165 Reserve funds may be invested in securities exceeding 2 years if the maturity 166 of such investments are made to coincide as nearly as practicable with the 167 expected use of the funds. 168 169 12.0 Internal Control: 170 171 The Director of Finance shall establish an annual process of independent 172 review by an external auditor. This review will provide internal control by 173 assuring compliance with policies and procedures. 174 175 13.0 Performance Standards: 176 177 The investment portfolio shall be designed with the objective of obtaining a 178 rate of return throughout budgetary and economic cycles, commensurate with the 179 investment risk constraints and the cash flow needs. 180 181 14.0 Reporting: 182 183 The Director of Finance is charged with the responsibility of including a 184 market report on investment activity and returns to Council not less than 185 quarterly. Reports shall: 186 15.01 Describe in detail, the investment position of the City on the 187 date of the report; 188 15.02 Be prepared jointly by the Director of Finance and City 189 Administrator; 190 15.03 Signed by the Director of Finance and City Administrator; 191 15.04 Contain a summary statement of each pooled fund group; 192 15.05 State the book value and market value of each separately invested 193 assets at the beginning and end of the reporting period by the type of 194 asset and fund type invested; C \winword \work \invpoll 5 195 15.06 State the maturity date of each separately invested asset that has 196 a maturity date; 197 15.07 State the account or fund or pooled group fund in the City for 198 which each individual investment was acquired; and 199 15.08 State the compliance of the investment portfolio as it relates to 200 the investment strategy expressed in this policy and relevant provisions 201 of the Public Funds Investment Act. 202 203 15.0 Training: 204 Investment officer must receive training within 12 months after taking the 205 position or assuming duties. Training must include education in investment 206 controls, security risks, strategy risks, market risks, and compliance with 207 the Public Funds Investment Act. Officers employed on September 1, 1995 must 208 attend this training session not later than September 1, 1997. 209 210 16.0 Interested Parties: 211 212 The City must present a written copy of the investment policy to any person 213 seeking to sell it an authorized investment. The registered principal of the 214 business organization seeking to sell an authorized investment shall execute a 215 written instruments substantially to the effect that the registered principal 216 has: 217 16.01 received and thoroughly reviewed the investment policy of the 218 City; and 219 16.02 acknowledged that the organization has implemented reasonable 220 procedures and controls in an effort to preclude imprudent investment 221 activities arising out of investment transactions conducted between the 222 City and the organization. 223 224 17.0 Annual Review and Adoption: 225 226 The City council will adopt by rule, order, ordinance, or resolution, as 227 appropriate, the investment policy and strategies of its funds and funds under 228 its control not less than annually. In conjunction with its annual financial 229 audit, the City shall perform a compliance audit of management controls on 230 investments and adherence to the City's Investment Policy. 231 232 C \winword \work \invpoll 6 I City of Kennedale 2 Investment Strategy 3 Fiscal Year 1995/1996 4 5 6 The Investment Strategy for the City of Kennedale will address all funds as 7 listed in the Investment Policy, Section 02.1. All funds, fund groups, or 8 pooled funds will have a foremost objective of: first, safety of principal; 9 second, liquidity; and third, yield. Investment decisions concerning the 10 investment portfolio of the City of Kennedale will not be based upon an 11 obligation to meet or exceed revenue projections. 12 13 Funds will be combined or "pooled" for investment purposes, but will remain as 14 separate accounts on the General Ledger. Pooled funds will have interest 15 credited on a percentage basis, based on the percent of moneys a particular 16 fund has invested in any one investment. 17 18 The city's total combined investment portfolio will attempt to maintain 90% 19 of available funds invested in government backed securities or investment 20 pools. The remaining 10% will be placed in overnight sweep accounts in a 21 effort to gain return on idle funds. Investment decisions will be based on 22 cash flow requirements of each individual fund. The Director of Finance shall 23 insure that instruments used for these investments are fully marketable if 24 cash needs occur prior to the maturity date of an investment. 25 26 General Fund: 27 28 General funds include operating funds, designated funds, and reserve funds. 29 These funds will be combined for investment purposes. 30 31 Operating funds will remain primarily in a "liquid" position with emphasis on 32 cash requirements. Investment pools and overnight sweep accounts are best 33 suited for these funds. However, after peak tax collections, these funds may 34 be invested in a form of government backed securities as authorized in the 35 Investment Policy. Weighted average to maturity will not exceed 90 days. 36 37 Reserve and designated funds will be invested in investment pools and 38 government backed securities with weighted average to maturity not to exceed 39 one year. 40 c \winword \work \invstra 1 41 General fund moneys will be pooled with other funds in investment pools and 42 other investments to gain maximum yield without jeopardizing safety or 43 liquidity. 44 45 Water Fund: 46 47 Water funds include operating funds, designated funds, and reserve funds. 48 These funds will be combined for investment purposes. 49 50 Operating funds will remain primarily in a "liquid" position with emphasis on 51 cash requirements. Investment pools and overnight sweep accounts are best 52 suited for these funds. However, reserve moneys in this fund is more readily 53 identifiable and may be invested in longer -term government backed securities 54 with a weighted average to maturity not to exceed one year. 55 56 Ambulance Fund: 57 58 Ambulance funds include operating funds, designated funds, and reserve funds. 59 These funds will be combined for investment purposes. 60 61 Due to the nature of the Ambulance Fund, investments will remain in a liquid 62 state. Cash flow demands is the primary focus for this fund. Investment 63 pools and overnight sweeps are best suited to this fund. Weighted average to 64 maturity will not exceed 90 days on this fund. 65 66 Ambulance fund moneys will be pooled with other funds in investment pools to 67 gain maximum yield without jeopardizing safety or liquidity. 68 69 Debt Service Fund: 70 71 This fund is used to retire debt incurred by the City. Predetermined payments 72 and pay dates are readily identifiable. Funds will be invested in government 73 backed securities, investment pools, and overnight sweeps in such a manner 74 that will coincide with debt service obligations. Weighted average to 75 maturity will not exceed one year. 76 77 78 79 80 81 c \winword \work \invstra 2