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Resolution 2021-26RESOLUTION NO. 2021-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENT STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDA' 1 OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECO' 1 KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the Public Funds Investment Act, as amended, requires the City of Wylie to adopt the Investment Policy by rule, order, ordinance or resolution; and WHEREAS, the Investment Policy was originally approved December 12, 2006; and WHEREAS, the Investment Policy complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and Subchapter B — Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT the City of Wylie has complied with the requirements of the Public Funds Investment Act and the Investment Policy, attached hereto, is adopted as the Investment Policy of the City effective September 14, 2021. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 14th day of September 2021. attire Porter, Mayor ATTESTED BY: Stephanie Storm, City Secretary Resolution No. 2021-26(R) Investment Policy 9 INVESTMENT POLICY INVESTMENT POLICY Submitted for Review September 14, 2021 Table of Contents INTRODUCTION 11. SCOPE III. OBJECTIVES 1 Safety 1 Liquidity Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 XIII. RECORD KEEPING AND REPORTING 7 XIV. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A - BROKER/DEALER QUESTIONNAIRE APPENDIX B - CERTIFICATION BY DEALER INVESTMENT POLICY 1. INTRODUCTION Chapter 2256 of Title 10 of the Local Government Code (hereinafter referred to as the "Public Funds Investment Act") prescribes that each city imtnadopt written rules governing its investment pmodooa and to dcfioc the authority of the investment ot5oec The following Investment Policy addresses the methods, procedures, and pruoduos which must bcexercised to ensure effective and judicious fiscal management of thcCity'u funds. This Policy shall not apply tothe selection, retention or other issues concerning the depositories o[the City'sfunds indemand deposits us provided under Chapter 105 of the Local Government Code. 11. SCOPE This Policy ehu| apply to the iovcsUnnut and management of all funds of the City under its control, other than those expressly excluded herein or by xpp\iouh|o law orvalid agreement. This Policy shall not supersede the restrictions on investment and use applicable to any specific fund and, inthe event of any conflict between this Policy and the requirements of any fund subject hereto, the specific requirement upp|ioub|o to such fund obu[| he followed as well as all other provisions of this Policy other than those in onoDiot. The Employees Deferred Compensation Agency Fund is excluded from coverage under this Policy. In order to make effective use ofthe City'o resources, all monies shall be pooled into one bank account, except for those monies required tobnaccounted for in other bunk accounts as stipulated by applicable \m*o, bond covenants orcontracts. The bank account will be maintained bvpooled fund group for purposes ofimplementing pooled fund strategies and reporting. The income derived from this pooled investment account ohu\| be distributed by fund in uocondunom with the City'ointernal procedures. 111. OBJECTIVES TheCdy's principalinvestment objectives, ioorder u[ priority, are listed below. Safety. The primary objective of the Chv's investment activity is the preservation of principal (capital) in the ovcnu|| portfolio. Each investment transaction ohu|| seek fic»tVoensure that capital |onaea are avoided, whether the \omo occurs from the default oyosecurity or from erosion ofmarket value. The Cbv's invcsUnor¢ portfolio will remain sufficiently liquid to uouh|e the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be uobicvod by matching investment maturities with forecasted cash flow requirements, by investing in xeouddco with uodvc secondary nnurkcco, and by using utu1c or local investment pools. The governing body recognizes that in udivooiOod portfolio, occasional measured losses due to market volatility are inevitable, and must he considered v/dbin the context of the overall portf6|io'a return, provided that adequate diversification has been implemented. Therefore, assets held in the common investment portfolio obu|| be diversified to eliminate the risk of loss resulting from one 0000crtugion of assets in u specific maturity, u specific issuer or u specific class of Yield. The investment portfolio goal against which the yield is compared will be established from time to time by the Finance Director. Reoonnncududono by the lnvemU000t Committee will hcconsidered when the performance measure is being established. Efforts toseek higher than the above goal must be consistent with risk limitations identified in this policy and prudent investment principles. The City`a investment portfolio shall be designed with the obicohvo of INVESTMENT POLICY attaining a rate of return which is consistent with the risk limitations and cash flow characteristics of the City's investments. IV. INVESTMENT COMMITTEE An investment committee consisting of the City Manager, the Director of Finance and the Assistant Director of Finance will meet annually before the beginning of a new fiscal year. The Investment Committee shall be authorized to invite advisors to the meetings as needed. The investment officer will present a brief report of investment activities to the Investment Committee. The primary objectives of the committee will be to (1) make recommendations regarding investment strategies (2) approve a list of authorized brokers, dealers, banks, savings and loans, credit unions, and pools recommend a list of authorized training sources for the state mandated investment training and (4) monitor program results. (3) The committee shall include in its deliberations such topics as performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the city's funds, and the target rate of return on the investment portfolio. V. DELEGATION OF AUTHORITY Management responsibility for the investment program is delegated by the City Council to the City Manager who will designate the Finance Director as Investment Officer (hereinafter referred to as the "Director"). The Director's authority will at all times be limited by conformance with all Federal regulations, State of Texas statutes and other legal requirements including the City Charter and City Ordinances, including this Policy. The Director shall develop and maintain written administrative procedures for the operation of the investment program consistent with this Policy. The controls shall be designed to prevent, identify and control losses of public funds arising from deviation from this Policy, fraud, employee error, and misrepresentation by third parties, or imprudent actions by employees and officers of the City. With written approval from the City Manager, the Director may delegate any phase of the investment management program to members of the City staff. Such approval shall state specifically the functions such person is authorized to perform or that the person is authorized to perform all activities of the Director under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for himself and each of his designees in amounts determined adequate by the Director (which shall not be less than five percent of the amounts subject to this Policy) for each fiscal year as shown by the approved budget. No person may engage in an investment transaction except as provided under the terms of this Policy and the internal procedures established by the Director. A current list of persons authorized to transact investment business and wire funds on behalf of the City shall be maintained by the Director. At the discretion of either the City Manager or the Director and in any event upon the termination or reassignment of any member of the Director's staff authorized to conduct transactions for the City pursuant to this Policy, the authority of such person shall be revoked and such revocation of authority shall be immediately communicated by the Director orally and in writing to each and every depository, broker/dealer, investment advisor, custodian and other agency or entity with whom the City has any ° INVESTMENT POLICY existing orcontinuing relationship inthe management of its investments. VI. INVESTMENT ST The City of Wylie maintains u pooled investment portfolio. The pooled portfolio utilizes specific investment strategies designed to address the unique oburuote,stkm of the pooled iuvootnnrt portfolio. The pooled investment portfolio includes Operating Funds, Debt Service Funds, Debt Service Reserve Fundy, Cuphx| Projects and Special Purpose Funds. Investment strategies for these different groups are detailed below. (D lnvem8nout obatoocw for operating, debt service, capital project, and special puqxmn funds have as their pdnnucy objective to uooum: that anticipated cash ou1Dovvx are matched with adequate investment liquidity. The secondary objective is to create u portfolio structure which will experience minimal volatility during economic cycles. (2) The investment strategy for the debt service reserve funds shall have as the primary uNeodvc the ability to generate udopendah|c revenue stream from securities with u low degree of volatility. Seou6hcm should be of high quality, with short to intermediate tcon maturities. Except as may brrequired by abond ordinance, ueuucidco should hoofhigh quality with short to iotcnnodiu1e'tonn maturities. VII.8TANDA I I 1nvaoUnonM sbu| humade with judgment and care, under prevailing circumstances, that person of prudence, discretion, and intelligence would exercise in the management ofthe [ersom`sown affairs, not for speculation, but for investment, considering the probable safety ufcapital and the probable income to hederived. Investment offunds shall hcgoverned hy the following investment objectives, in order of preservation and safety ofprincipal; liquidity; and diversification; and yie|cL In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into (\) the iovooUnnnt of all funds, or funds under the Ci1y`a control, over which the officer had responsibility rather than u consideration as to the prudence ofusingle investment; and CD whether the investment decision was consistent with the written investment policy of the City. The Director and his staff shall recognize that the investment activities ofthe City are umatter ofpublic record. Therefore, all participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transactions that might impair public confidence in the City'sability togovern effectively. VIII. INVESTMENTS AUTHORIZED BY THE CITY OFWYLKE Authorized investments for municipal governments iuthe State ofTexas are set forth inthe Public Funds Investment &u" as amended (Section 2256.089'2256.019, Government Code). However, suitable investments for the City ofWylie are limited to the following. (l) Direct obligations o[the United States or its INVESTMENT POLICY maturity of 5 years or less. (2) Certificates of deposit issued in the State of Texas with a maximum maturity of 2 years or less and insured by the Federal Deposit Insurance Corporation. (3) Fully collateralized direct repurchase agreements with a defined termination date of 2 years or less which are secured by obligations of the United States or its agencies and instrumentalities and pledged with a third party in the City's name. The agreement must be placed through a primary government securities dealer, as defined by the Federal Reserve, or by a financial institution doing business in the State of Texas. Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. (4) Approved investment pools as described in Section 2256.016 which are continuously rated no lower than AAA, AAAm or an equivalent rating by at least one nationally recognized rating agency and have a weighted average maturity no greater than 90 days. IX. OTHER INVESTMENT GUIDELINES The City seeks active management of its portfolio assets. In order to meet the objectives of this Policy, the City may from time to time sell securities that it owns in order to better position its portfolio assets. Sales of securities prior to maturity shall be documented and approved by the Director before such a transaction is consummated. Sales of securities yielding net proceeds less than 92% of the book value of the securities must be approved in advance and in writing by the City Manager. Three examples of situations involving the sale of securities prior to maturity are (1) swap - to sell an investment to realize a capital gain, (2) To better position selected investments due to a change in market conditions, (3) To react to emergency liquidity demands. Each investment transaction must be based upon competitive quotations received from at least three broker/dealers who have been approved by the City in accordance with Texas law. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery basis (i.e., for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank for further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner the City will always have possession of either its securities or its monies. X. DIVERSIFICATION AND MATURITY LIMITS It is the policy of the City to avoid concentration of assets in a specific maturity, a specific issue, or a specific class of securities, with the exception of U.S. Treasury issues. The asset allocation in the portfolio should, however, be flexible depending upon the outlook for the economy and the securities markets. The City will not exceed the following maximum limits as a percentage of the total portfolio for each of the categories listed below: Investment Category Obligations of the United States or its agencies and instrumentalities. Certificates of Deposit Repurchase Agreements NOT Reverse Repurchase Agreements Max. % of Portfolio 100% 25% 100% 9 INVESTMENT POLICY Max. Maturity 5 years 18 mon, 2 years The Director shall evaluate how each security purchased fits into the City's overall investment strategy. At all times the City shall maintain 10 percent of its total investment portfolio in instruments maturing in 90 days or less. The weighted average maturity of all securities and certificates of deposit in the City's total investment portfolio at any given time (not including cash or demand deposits) shall not exceed 2 years. XL SELECTION OF BROKERS/DEALERS The City shall maintain a list of broker/dealers and financial institutions which have been approved for investment purposes by the investment committee. (For the purpose of this investment policy, Broker/dealer will be used to refer to any brokerage firm, bank, investment pool, or financial institution with which the City does investment business). Securities may only be purchased from those authorized institutions and firms. The authorized broker/dealers will be reviewed at least annually. To be eligible, a broker/dealer must meet at least one of the following criteria: 1) be recognized as a Primary Dealer as defined by the New York Federal Reserve Market Reports Division; or 2) complies with Securities and Exchange Commission Rule 15C3-1, the Uniform Net Capital Requirement Rule. If the City's depository bank also provides custodial and safekeeping services for the City, the bank may not be included as an authorized broker/dealer for the City. However, non-negotiable Certificate of Deposits are exempt from this policy. Broker/dealers will be selected and recommended to the investment committee by the Director on the basis of their financial stability, expertise in cash management and their ability to service the City's account. Each broker/dealer that has been authorized by the City shall be required to submit and annually update a Broker/Dealer Information Request form which includes the firm's most recent financial statements. The Director shall maintain a file which includes the most recent Broker/Dealer Information Request forms submitted by each firm approved for investment purposes. A copy of the submitted Broker/Dealer Information Request forms as well as a list of those broker/dealers approved by the City shall be maintained by the Director (See Appendix A). The City of Wylie will provide all approved securities dealers with a copy of the City's Investment Policy. A principal in the firm must execute a written statement acknowledging receipt and review of the policy and a statement acknowledging that reasonable procedures and controls have been implemented to preclude imprudent investment activities being conducted between the entity and the securities firm (See Appendix B). All approved broker/dealer firms must have a completed City of Wylie broker/dealer questionnaire, investment policy, written acknowledgment per above guidelines, executed master repurchase agreement, if applicable, and current financial information on file. Certification language should be mutually acceptable to both parties. An investment officer of the City may not buy any securities from a person who has not delivered to the City an 9 INVESTMENT POLICY instrument substantially in the form provided by this policy. The Director shall review the quality of service and financial stability of each broker/dealer and financial institution approved under this Section at least annually. Any approved broker/dealer or financial institution may be removed from the list of approved broker/dealers with the approval of the Director, if in the opinion of the Director, the firm has not performed adequately or its financial position is considered inadequate. XII. SAFEKEEPING AND CUSTODY Investment securities purchased for the City will be delivered by either book entry or physical delivery and shall be held in third -party safekeeping by a Federal Reserve Member financial institution designated as the City's safekeeping and custodian bank. The City may designate more than one custodian bank. The City shall execute a Safekeeping Agreement with each bank prior to utilizing the custodian's safekeeping services. Only a state or national bank located within the State of Texas may be utilized as a custodian of securities pledged to secure certificates of deposit. The safekeeping agreement must provide that the safekeeping bank will immediately record and promptly issue and deliver a signed safekeeping receipt showing the receipt and the identification of the security, as well as the City's interest. The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping Agreement executed with each custodian bank. The City must approve release of securities in writing prior to their removal from the custodial account. A telephone facsimile of a written authorization shall be sufficient if the custodian orally confirms receipt of the transmission and an exact copy of the document is retained in the City's files. In no event shall the custodial bank be an authorized depository bank, issuer of repurchase agreements in which the City invests or broker/dealer of securities on behalf of the City. All securities shall be confirmed in the name of the City and delivered to an approved custodial bank or carried at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit purchased or pledged securities. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City and signed by the appropriate officer at the custodian bank stating that the securities are held in the Federal Reserve System in a CUSTOMER ACCOUNT naming the City as the "customer." In addition, the custodian bank will, when requested, furnish a copy of the delivery advice received by the custodian bank from the Federal Reserve Bank. All certificated securities (those transferred by physical delivery) shall: 1) be held by an approved custodian bank or any correspondent bank in New York City approved by the Director; and 2) the correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City evidencing that the securities are held by the correspondent bank for the City. The original safekeeping receipt for each transaction including purchased securities under a repurchase agreement and collateral securing deposits will be forwarded to the Director or his designee and held in a secured file by the City. XIII. RECORD KEEPING AND REPORTING A record shall be maintained of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing. All transactions shall be documented by the person authorizing the transaction in a form that shows that person's name, , INVESTMENT POLICY the party instructed to execute the transaction, the date, o description of the transaction and u brief statement of the reason(s) for the transaction. At least annually, the Director shall verify that all securities purchased hvorpledged tothe City are oo hand inappropriate form. The City, inconjunction with its nunuu| financial audit, ohuU perform u compliance audit of management controls on investments and adherence to the City`s established investment policies. Each depository of the Chv's funds shall maintain separate, accurate and complete records relating to all deposits ofthe City'ofuody, the securities pledged to ocuuo: such deposits and all transactions relating to the pledged securities. Each approved custodian shall maintain separate, accurate and complete records relating to all securities received on hebu|f of the City, whether pledged, purchased or subject to repurchase agreement, as well as all transactions related to such securities. In addition, each depository shall file all reports required by the Texas State Depository Bound. Each depository and custodian shall agree to make all the records described in this paragraph available to the Din:uk»r or designee and the City'oauditors utany reasonable All broker/dealers, custodians, depositories and investment advisors shall maintain complete records of all transactions that they conducted on behalf of the City and shall make those records available for inspection by the Director or other representatives designated bythe City Council orCity Manager. All sales of securities for less than the book value of the security shall be approved by the CXrcutx. 8o|no of a:ouridoo for |eau than 42 percent of the book value of the 000mitica must he approved by both the City Manager and the Director. A monthly investment report shall ieprepared by staff and signed by the Director, listing all of the investments held hvthe City, beginning and ending market value for period, the current market valuation of the investments and transaction summaries, including u detailed list of the gains and losses recognized. The market value will bcdetermined by: (|) written reports such asthe Wall Street Journal; (2) on-line oon/icos such as Bloomberg; or(3)through u primary dealer ornational bank that iuindependent of the apcoiOu security being valued. The report must state the pooled fund group for cauhuyacKuoourity. The report shall list the total investment return for the month. If invested in securities, the City`saudit firm must review the monthly reports annually and the result of the review shall be reported to the City Council by that auditor. Within g0days after the end ofthe Cbv's fiscal year, the Director shall prepare, sign and deliver tothe City Manager and the City Council auannual report onthe City'o investment program and investment activity vvbiub has also been signed by each officer and employee nfthe City authorized toconduct any nfthe City'y investment activity. The annual report shall include fb|| year investment returns. Such annual report ohu|| include an unu|yyia of the compliance with this Policy as well as changes in the opp|ioub|c laws and regulations during the previous your and may include any other items ufsignificance related to the investment program. The annual investment report will horeviewed unupart ofthe annual audit. XIV, ETHICS AND CONFLICTS OFINTEREST Officers and mnp\oycmo of the City involved in the investment process shall refrain from personal huniocso activity that involves any of the City's approved custodians, depositories, broker/dealers or investment advisors. Employees and officers shall not utilize investment advice concerning specific ycourihcu or u|uamco of securities obtained in the transaction of the City's business for personal , INVESTMENT POLICY bmooUoent decisions, ubu| inall respects subordinate their personal investment transactions tothose of the City, particularly with regard to the timing of purchases and ou|ey and oba|| keep all investment advice obtained on behalf of the City and all transactions contemplated and completed by the City confidential, except when disclosure is required by An investment officer of the City who has u personal business relationship with an organization seeking to sell an investment tothe City shall file astatement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City xhu| file a statement disclosing that relationship. /\ statement required under this subsection must hofi|odwith the Texas Ethics Commission and the governing body of the City. XV. POLICY REVISIONS This lnvuuUnont Policy will be reviewed at least annually by the City Manager,the Director of Finance and the Assistant Director of Finance and revised when necessary. All revisions sbuJ\ he approved bythe City Council.