HomeMy WebLinkAboutColleyville Economic Development Corporation (CEDC) Resolutions (R-12-120)-08/28/2012RESOLUTION R-12-120
A RESOLUTION REPLACING RESOWTION R-03-59 TO UPDATE
THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION'S ~
INVESTMENT
WHEREAS, a review of the Colleyville Economic Development Corporation's
; investment policy necessitates an update of the Colleyville
Economic Development Corporation's investment policy as
adopted by Resolution R-96-04 and amended by Resolution R-
98-26, Resolution R-00-41, and Resolution R-03-59.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION:
Sec. 1. THAT "Exhibit A" of this resolution is adopted as the Colleyville
Economic Development Corporation's Investment Policy.
Sec. 2. THAT this resolution shall become effective on the date of
passage.
AND IT IS SO RESOLVED.
PASSED AND ADOPTED, THIS August 28, 2012.
COLLEYVILLE ECONOMIC
DEVELOPMENT CORPORATION
David Kelly
President
/~ / ./ /~C• ~ ~J
~Cynthia Singleton, TRMC, CM
City Secretary
Exhibit A
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION
INVESTMENT POLICY
Policy
It is the policy of the Colleyville Economic Development Corporation (the
Corporation) to invest public funds in a manner which will provide the
highest investment return with the maximum security while meeting the
daily cash flow demands of the entity and conforming to all State of Texas
statutes and City ordinances.
Scope
This investment policy applies to all financial assets of the Corporation
including:
General Fund
Debt Service Fund
Capital Projects Fund
and any new fund created by the governing body, unless specifically
exempted by the governing body.
Objectives
The primary objectives, in priority order, of the Corporation's investment
activities shall be:
Safety: Safety of principal is the foremost objective of the Corporation in
managing its portfolio. Investments of the Corporation shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall
portfolio. To attain this objective the Corporation will diversify its
investments by investing funds among a variety of securities offering
independent returns and financial institutions. The Corporation will also take
into account the marketability of the investment if the need arises to
liquidate the investment before maturity.
Liquidity: The Corporation will also maintain sufficient liquidity to provide
adequate and timely working funds.
Return on Investments: The investment portfolio shall be designed with the
objective of obtaining a rate of return throughout budgetary and economic
cycles, commensurate with the investment risk constraints and cash flow
needs. The Corporation investment strategy is passive and the portfolio
shall be designed with the objective of regularly exceeding the weighted
average return on thirteen-week Treasury bills. This is considered a
benchmark for riskless investment transactions, and therefore, is a minimum
standard for the portfolio's rate of return. For bond funds that fall under the
arbitrage provisions of the Tax Reform Act of 1986, the Corporation will
attempt to earn allowable bond yield with market conditions permitting.
Delegation of Authority
The Corporation designates the Investment Officers to be the Corporation
Manager with overall responsibilities to see that investment objectives are
accomplished and the Finance Manager of the Corporation and Finance
Manager of the City of Colleyville with the specific day-to-day performance
of managing the funds of the Corporation.
Ethics and Conflict of Interest
All investment 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 that could impair their ability to
make impartial investment decisions. Employees shall disclose to the
Colleyville Economic Development Corporation and Texas Ethics Commission
a statement under the following conditions:
A. If they have a personal business relationship with a business
organization offering to engage in an investment transaction with the
entity. Under the Public Funds Investment Act, a personal business
relationship is defined as:
1. The investment officer owns 10 percent or more of the voting
stock or shares of the business organization or owns $5,000 or
more of the fair market value of the business organization;
2. Funds received by the investment officer from the business
organization exceed 10 percent of the investment officer's gross
income for the previous year; or
3. The investment officer has acquired from the business
organization during the previous year, investments with a book
value of $2,500 or more for the personal account of the
investment officer.
B. If they are related within the second degree by affinity or consanguinity,
as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell
an investment to the Corporation.
Prudence
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.
The standard of prudence to be used by investment officials shall be the
"prudent person", which means the officer may not be an expert but is
obligated to act responsibly and shall be applied in the context of managing
an overall portfolio. Investment officers acting in accordance with written
procedures and exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market price changes,
provided deviations from expectations are reported in a timely fashion and
appropriate action is taken to control adverse developments.
Investment officers shall notify the Corporation in writing of any conflicts of
interest, as defined by the Public Funds Investment Act, no later than the
next regularly scheduled Board meeting.
It is the policy of the Corporation that the Investment Officers perform their
duties in accordance with the policies and procedures set forth in this policy.
The Investment Officers of the Corporation (General Manager and Finance
Manager and the Finance Manager of the City of Colleyville) shall be
personally indemnified in the event of investment loss provided the
Investment Policy is followed.
Internal Controls
The Finance Manager shall establish a system of written internal controls
which shall be reviewed annually by the independent auditor. The controls
shall be designed to prevent the loss of public funds due to fraud, error,
misrepresentation, unanticipated market changes or imprudent actions.
Permissible Instruments
The following is a list of permissible instruments as authorized by the 70th
Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT.
ANN. ACT 842A-2) and amended by the 71st Legislature:
1. Obligations of the United States or its agencies or instrumentalities;
2. Direct obligations of the State of Texas or its agencies;
3. Other obligations, the principal of and interest on which are
unconditionally guaranteed or insured by the State of Texas or the
United States or its agencies or instrumenta~ities;
4. Obligations of states, agencies, counties, cities, and other political
subdivisions of any state having been rated as to investment quality
by nationally recognized investment rating firm and having received a
rating of not less than "A" or its equivalent;
5. Certificates of deposit issued by state and national banks and
domiciled in the state that are:
a.Guaranteed or insured by the Federal Deposit Insurance
Corporation, FSLIC or its successors; or
b.Secured by obligations that are described by subdivisions (1)
through (4) of this subsection, which are intended to include
all direct federal agency or instrumentality issued mortgage
backed securities, and which have a market value of not less
than the principal amount of the certificates or in any other
manner and amount provided by law for deposits of the
investing entities;
6. Invest in a local government investment pool as authorized by the
Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413
(32c), as amended, and the Public Funds Investment Act (TEX. REV.
CIV. STAT. ACT. 842a-2), as amended. The investment pool must
comply with the requirements of the Public Funds Investment Act, as
amended, as follows:
a. The investment pool maintains a stable asset value as defined
in the Public Funds Investment Act;
b. The investment pool maintains a AAA rating by one of the
nationally recognized rating agencies;
c. The investment pool's maximum average dollar weighted
maturity does not exceed 90 days; and
d. The investment pool's continued compliance with the
remaining provisions of the Public Funds Investment Act.
e. The eligible investments of the pool are as follows: obligations
of the United States or its agencies and instrumentalities,
other obligations, the principal of and interest on which are
unconditionally guaranteed or insured by the United States,
fully collateralized repurchase agreements with a defined
termination date secured by obligations of the United States
or its agencies and instrumentalities, other obligations, the
principal of and interest on which are unconditionally
guaranteed or insured by the United States, and SEC
registered money market funds authorized by the Public
Funds Investment Act and rated in the highest category by at
least one nationally recognized rating agency, reverse
repurchase agreements with a term of no longer than 90
days.
f. Include in its investment policy and/or operating procedures
the following information: a description of eligible investment
securities and unacceptable investments, a written statement
on investment policy and objectives, a description of interest
calculations, distribution, and treatment of gains and losses,
security safeguarding, valuation collateralization and auditing,
and a fee schedule.
7. Direct repurchase agreements with primary security dealers or
financial institutions doing business in the State of Texas having a
defined termination date, and secured by U.S. Government or federal
agency securities, provided that the ownership of collateral for the
repurchase agreement is transferred to the Corporation, and deposited
with a safekeeping agent for the duration of the contract and a signed
master repurchase agreement has been executed with the
counterparty.
8. SEC-registered no-load money market mutual funds with a dollar
weighted average portfolio of 90 days or less whose assets consist
exclusively of United States Government Securities whose investment
objectives include seeking to maintain a stable net asset value of
$1.00 per share. Investment in mutual funds shall be limited to a
maximum of ten percent (10%) of the Corporation's available funds.
The Corporation is not required to liquidate an investment that was
authorized at the time of its purchase.
Unacceptable Investment Instruments
The following securities, although authorized by the Public Funds Investment
Act, are not eligible investments for the Corporation:
1. Collateralized mortgage obligations and/or obligations of the
following structure
a) obligations whose payment represents the coupon payments
on the outstanding principal balance of the underlying mortgage-
backed security collateral and pays no principal;
b) obligations whose payment represents the principal stream of
cash flow from the underlying mortgage-backed security
collateral and bears no interest;
c) collateralized mortgage obligations that have a stated final
maturity date of greater than 10 years; and
d) collateralized mortgage obligations the interest rate of which
is determined by an index that adjusts opposite to the changes
in a market index.
2. Commercial paper
3. Banker's acceptances
4. Reverse repurchase agreements (Local Government Investment
Pools which the Corporation participates in may engage in
reverse repurchase agreements if the term is 90 days or less)
5. No-load mutual funds other than SEC-registered no-load money
market mutual funds with a dollar weighted average portfolio of
90 days or less whose assets consist exclusively of United States
Government Securities whose investment objectives include
seeking to maintain a stable net asset value of $1.00 per share.
6. Guaranteed investment contracts
7. Share certificates of qualifying credit unions
Effect of Loss of Required Rating
An investment that requires a minimum rating does not qualify as an
authorized investment during the period the investment does not have a
minimum rating. The Investment Officer shall take all prudent measures that
are consistent with the Corporation's investment policy to liquidate the
investment(s) that does not have the minimum rating (2256.021). In
accordance with Section (2256.005(b)), the Investment Officer shall monitor
rating changes in current investments by keeping a monthly record of
ratings issued by three nationally recognized rating agencies.
Investment Strategy
The investment strategy by type of fund is as follows:
(1) Operating Funds
The investment strategy for operating fund(s) is to assure that anticipated
cash flows are matched with adequate investment liquidity. A secondary
objective is to create a portfolio, which will experience minimum volatility
during economic cycles. These funds shall not have an investment with a
stated maturity greater than two years and the weighted average maturity
shall not exceed eighteen months.
(2) Debt Service Funds
The investment strategy for debt service fund(s) is the assurance of
investment liquidity to cover the debt service obligations on the required
payment date. Investments purchased shall not have a stated final maturity
date which exceeds the corresponding debt service payment date. The
weighted average maturity shall not exceed one year.
(3) Reserve Funds
The investment strategy for reserve fund(s) is the assurance of investment
liquidity adequate to cover the debt service obligations not funded by debt
service funds on the required payment date. Investment of reserve funds
are controlled by their ordinance, resolution or indenture, and Federal and
State law. Bond documents must be examined for each issue, for potential
differences with this policy concerning investment instruments, maximum
maturity or average life restrictions, call dates or sinking fund redemptions,
and applicable arbitrage yields and rebate liability. Provisions contained in
the bond documents will supersede provisions of this policy. Weighted
average maturity shall be incompliance with bond requirements, as stated.
Reserve funds will be invested using a more conservative approach than the
current standard investment strategy when arbitrage rebate rules require
refunding excess earnings. All excess earnings received will be segregated
to allow a proper determination of interest income to be used in the
arbitrage calculation.
Maturity limitations for single issue reserve funds shall not exceed the
sooner of five (5) years, the call provisions of the bond ordinance, or the
final maturity of the bond issue.
Annually, the Board of the Corporation shall formally review the Investment
Policy and investment strategy contained with the Policy and record in
writing that is has reviewed the Policy and record any changes to either the
policy or strategy.
A. Diversification
The Corporation will attempt to limit the risk of loss through diversification of
its portfolio and to achieve the aforementioned investment strategies by
diversification of instruments.
Maximum
Diversification by Instrument
U.S. Treasury Obligations (Bills, Notes and Bonds),
U.S. Government Agency Securities,
and Instrumentalities of Government
Sponsored Corporations
Certificates of Deposit (CD's)
Commercial Bank's
Local Government Investment Pool
Tri-Party Repurchase Agreement
SEC registered, no-load mutual fund
Investment Procedures
Percent
of Portfolio
100%
75%
75%
75%
75%
10%
The Corporation shall enter the following agreements (if applicable):
safekeeping, PSA repurchase agreements, wire transfer agreements,
banking services contracts, and collateral/depository agreements. These
contracts shall include the explicit delegation of authority to persons
responsible for the transactions involving these agreements. No person
except those designated in the contract may engage in any investment
transactions.
On all funds invested in instruments as listed in "Permissible Investments"
numbers one through five, orai bids shail be requested from at least two
broker/dealers or national banks. The Corporation will accept the bid that
provides the highest rate of return within the maturity required and within
the parameters of this policy. Records will be kept of the bids offered, bids
accepted, and a brief explanation of the decision that was made regarding
the investment.
Qualified Institutions
As the Corporations investments are managed by the investment officers of
the City of Colleyville, the Corporation shall utilize the broker/dealers
selected by the City of Colleyville. All firms shall answer the Broker/Dealer
questionnaire (Appendix A) and submit their most recent audited financial
statements to the City for evaluation of credit worthiness. All personnel in
the firms who will be trading or quoting securities to the Corporation must
maintain a current NASD license and be registered to deal securities in the
State of Texas. An investment certification form (Appendix B) on the firm's
letterhead signed by a principal of the firm must be on file with the
Corporation.
Safekeeping
All marketable securities purchased by the Corporation shall be held in third
party safekeeping by an institution designated as primary agent. All
securities will be delivered to the third party institution by seller. Personnel
in the third party institution will verify the correct security was delivered by
the seller ("delivery vs payment"). The third party institution shall issue a
safekeeping receipt to the Corporation listing the specific instrument,
rate/yield, maturity, CUSIP, and other pertinent information. Collateral on
deposit type securities which exceed the FDIC coverage shall be held in a
third party safekeeping institution. In the event a third party safekeeping
institution is used, a collateral agreement shall be executed between the
Corporation, depository which pledged the collateral, and the third party
custodian of the collateral. The Corporation will retain possession of all
original safekeeping receipts and the receipts will state the security is
pledged to the Corporation. Either the Corporation Manager or the Finance
Manager must approve release of collateral in writing prior to its removal
from the safekeeping account.
Collateral Securities for Certificates of Deposit and Demand Accounts
The Corporation will accept as collateral for its Certificates of Deposit and
demand accounts the following securities:
A. FDIC coverage
B. U.S. Treasury bills, notes and bonds
C. United States Agency and instrumentalities bills or notes
D. GNMA mortgage backed fully modified pass through securities
E. Texas state, city county or school bonds with a remaining maturity
of seven years or less and a rating of "A" or better by Moody's,
Fitch, and Standard and Poor's.
F. Surety Bond
G. Federal Home Loan Bank Letter of Credit issued to the Corporation
Collateral shall be "marked to market" monthly by the Finance Manager. The
following percentages constitute the minimum market value for collateral
instruments that are pledged for the Corporation's Certificates of Deposit
and demand deposits.
Form of Collateral Pledged Collateral
1. U.S. Treasury bills, notes, and bonds
a. maturing within 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
2. Actively traded U.S. Government Agency securities
a. maturing in less than 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
Ratio
102%
105%
110%
103%
107%
115%
3. GNMA mortgage pass through securities 115%
4. Entities in the State of Texas bonds
General Obligation Bonds
a. maturing in less than 1 year 102%
b. maturing in 1-5 years 105%
c. maturing in more than 5 years 107%
Revenue Bonds
a. maturing in less than 1 year 105%
b. maturing in 1-5 years 110%
c. maturing in more than 5 years 115%
Collateral shall be audited annually be the Corporation's independent auditor and
may be audited by the Corporation at anytime during normal business hours of
the safekeeping bank.
Arbitrage
The Tax Reform Act of 1986 places limitations on the Corporation's yield from
investing certain tax-exempt bond proceeds, debt service funds and reserve
funds. The rebate provisions require that the Corporation compute earnings on
investments from certain issues of bonds on a periodic basis to determine if
rebate is required.
To determine the Corporation's arbitrage position, the Corporation is required to
calculate the actual yield earned on the investment of the funds and compare it to
the yield that would have been earned if the funds had been invested at a rate
equal to the yield on the applicable bonds sold by the Corporation. The rebate
provisions state that periodically (not less than once every five years and not later
than sixty days after maturity of the bonds), the Corporation is required to pay
the United States Treasury a rebate of any excess earnings. These restrictions
require extreme precision in the monitoring and record keeping of investments,
particularly in computing yields to ensure compliance. Failure to comply can
dictate that the bonds become taxable, retroactively from the date of issuance.
The investment strategy for bond funds which fall under the arbitrage provisions
of the Tax Reform Act of 1986, is that the Corporation will attempt to earn
maximum allowable bond yield with market conditions permitting.
Reporting Requirements
Included as a part of the City of Colleyville's quarterly investment report, Finance
Manager shall issue a written report concerning the Corporation's investment
transactions for the preceding quarter and describing in detail the investment
position of the Corporation as of the end of the quarter indicating the market
values of all investments held during the quarter. The report shall list for each
investment held during the quarter: the purchase price of the investment, the par
value of the investment, the market value of the investment at the beginning of
the quarter, market value of the investment at the end of the quarter, and fully
accrued interest for the period. The portfolio shall be marked to market monthly
and market pricing information is to be obtained through the use of appropriate
external third party software, third party safekeeping service, or a third party
independent pricing service. This report shall state its compliance with provisions
of the Public Funds Investment Act, as amended, and adopted investment policy
strategy. The report shall be signed by the General Manager and Finance
Manager and be reviewed annually by the City of Colleyville's external audit firm
as a part of the City of Colleyville's and Colleyville Economic Development
Corporation's annual audit and reported to the City Council.
Training Requirements
In accordance with the Act (2256.005 and 2256.008), the Finance Manager and
Finance Manager of the City of Colleyville shall attend 10 hours of investment
training within 12 months of assuming duties and 10 hours not less than once in a
two-year period that begins on the first day of the Corporation's fiscal year and
consists of the two consecutive fiscal years after that date. This training may be
obtained from the following sources: North Central Texas Council of Governments,
Government Treasurer's Organization of Texas, Government Finance Officer's of
Texas, Texas Municipal League or the University of North Texas Center for Public
Management. The training must include education in investment controls,
security risks, strategy risks, market risks, and any other topics as required by
the Public Funds Investment Act.