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10-26-1999 (City Council) Agenda Packet NOTICE OF MEETING rt/*# Wylie City Council Agenda Tuesday, October 26, 1999 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation'' Mark Forrest,Murphy Road Baptist Church Pledge of Allegiance Citizens Participation ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon approval of a Resolution for the City Council of the City of Wylie, Collin County, Texas, to consider adoption of the Locally Preferred Alternative State Highway 78 Design according to the Local Design and Mobility Task Force's recommendations and submit the proposed design to the Texas Department of Public Safety. 2. Consider and act upon authorizing the City Manager to enter into a contract with Winkelman and Associates in an amount not to exceed$48,000 for survey services related to the Ballard Street reconstruction- 1999 Bond Program. 3. Consider and act upon a motion to direct the City Manager to enter into a professional service agreement with Stanland & Associates, As Needed for the re-write of the Comprehensive Zoning Ordinance for the City of Wylie. 4. Consider and act Upon a preliminary plat/development plan for the Creekside Estates Addition proposed by Gary Defrain for Campbell Wylie Partners, for the property generally located at the northeast corner of McCreary Road and McMillan Road and being all of a certain 296.441 acre tract out of the John W. Mitchell Survey,Abstract No. 589 and the Lewis M. Marshall Survey,Collin County,Texas. 5. Consider and act upon a final plat for Phase I of the Harvest Bend Addition proposed by Douphrate&Associates,Inc.,for the property generally located at the southwest corner of FM 2514 (Ballard Street) and Dog Drop Road and being all of a certain 20.054 acre tract out of the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. 6. Consider and act upon approval of a resolution amending the current investment policy as required by the Texas Government Code, Chapter 2256, Public Fund Investment Act, Subchapter A-Authorized Investment for Governmental Entities. NOTICE OF MEETING Wylie Cit Council Agenda tt( Page of___ ,--' Item No. Agenda Item Action Taken 7. Hold a public hearing and consider and act upon an ordinance of the City of Wylie, affecting participation of City employees in the Texas Municipal Retirement System granting the additional rights authorized by Section 854.202(g) of Title 8, Texas Government Code, as amended,and prescribing the effective date for the ordinance. Staff,Reports Work Session • Presentation & Update from Chris Hoisted, City Engineer/Hogan Corporation regarding Drainage Issues/Wylie Ranch Estates. • Update on Animal Shelter Executive Session In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071 Consultation with City Attorney,pending litigation;Lanny R.Payne v.City of Wylie,Texas, David Perkins,Nick Salisbury,Lt.Myrick,Officer Scott Stowers,a United States Federal Game Warden and B&B Backhoe,Inc. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda.Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media contacted. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. / October 26, 1999 ISSUE: Consider and act upon approval of a Resolution for the City Council of the City of Wylie, Collin County, Texas, to consider adoption of the Locally Preferred Alternative State Highway 78 Design according to the Local Design and Mobility Task Force's recommendations and submit the proposed design to the Texas Department of Transportation. BACKGROUND: The Texas Department of Transportation has committed to Collin County and to the City of Wylie to let a contract for the reconstruction of State Highway 78 between F.M. 544 and Eubanks in Fiscal Year 2001. Federal funds will be used for the project and several processes including an Environmental Impact Statement Process and the development of a Locally Preferred Alternative Design will be required for completion. Included with this communication is a copy of a Resolution approved by the City Council creating the local Task Force. The Task Force met for five meetings to develop the Locally Preferred Alternative Design for State Highway 78. The project is described in the Resolution No. 99-19(R) . If approved by the City Council, the Locally Preferred Alternative will be formally submitted to Texas Department of Transportation for its formal approval. Staff has had several informal briefings with Texas Department of Transportation design staff to seek input and direction. In addition, because the Collin County Commissioner's Court donation of right-of-way on the west of this project is required, County Judge Ron Harris and Commissioner Jerry Hoagland have been kept fully informed at ever stage in the process. Ultimately approval by Texas Department of Transportation of this design option will be difficult. The City of Wylie has utilized its registered City Engineer as well as another state licensed engineer (with over eight years design experience with Texas Department of Transportation) as technical resources on this project. The collective professional opinion of these two engineers is that the Locally Preferred Alternative meets or exceeds the technical design criteria used by Texas Department of Transportation to design roadway. The professional opinion of the Texas Department of Transportation design engineers is that there are a few design features that do not match the required design speed for the roadway or 45 mile per hour. Specifically, the major issue in dispute is incorporating reverse or "S" curves into the roadway design. The reverse curves are designed as 1000 foot radius curves. According to the technical criteria, this fully satisfies the safety requirement. Most importantly, the reverse curve design features were absolutely necessary to creating 90 degree intersections, specifically at Ballard Street and Brown Street. The Locally Preferred Alternative Design enables the safest and most efficient flow of traffic both through State Highway 78 and the major cross streets at Ballard Street and Brown Street. The use of reverse curves certainly creates a more aesthetically pleasing roadway. The addition of wider medians also enhances the natural beauty surrounding and enveloping the pavement. However, the first and primary concern is safety. If safety criteria is not met first, nothing else matters. Another challenging issue focused on the Ballard Street Intersection. The Locally Preferred Alternative will require that a portion of the property currently being used as open space be used for the new street alignment. However, when coupled with anticipated land purchases and the property that will be available when the new street alignment is established, the amount of parkland will almost double in size. Because Federal funds are being used on this project, federal rules do not favor the displacement of parkland in order to construct a roadway. The City has several options. First, there would be an opportunity to remove Ballard Street or F. M. 3412 between State Highway 78 and Brown Street or F.M. 2514 from the F. M. system. Therefore, the Ballard Street portion in question would become a city street and would be ineligible in the future for state/federal funding. Another option is to establish that the open space in the area was never formally dedicated as parkland. The history of this land would establish that previous uses of the property prior to 1993 were as a fire station and water tower/utility operations storage site. The City's expectation and the Task Force's sincerest hope is that the Texas Department of Transportation and Collin County will share the vision for this community and how the State Highway 78 relates to the City as a whole. The City should be confident that even though the Locally Preferred Alignment differs from the standard mold of highway designs that the Texas Department of Transportation will in the end determine that the design features do meet the technical safety requirements. FINANCIAL CONSIDERATIONS: The City of Wylie has been told that, based on a recommendation formally approved by the Regional Transportation Council of the North Central Texas Council of Governments, the that the Texas Transportation Commission will approve a Minute Order in November 1999, appropriating $4.8 million for this project. OTHER CONSIDERATIONS: None. ATTACHMENTS: Resolution 99-19 (R) Prepared by App d b Financ City Manager Approval RESOLUTION NO. A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, TO CONSIDER ADOPTION OF THE LOCALLY PREFERRED ALTERNATIVE STATE HIGHWAY 78 DESIGN ACCORDING TO THE LOCAL DESIGN AND MOBILITY TASK FORCE'S RECOMMENDATION AND SUBMIT THE PROPOSED DESIGN TO THE TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS, the Texas Department of Transportation has committed to Collin County and to the City of Wylie to let a contract for the reconstruction of State Highway (S.H. 78)between F.M. 544 and Eubanks in Fiscal Year 2001; WHEREAS, the establishment of this contract letting schedule is directly attributed to the leadership of the Collin County Commissioners' Court and its agreement to donate right-of-way acquired in the S.H. 78 corridor that will save significant amounts of money, eliminate right-of-way acquisition, and reduce utility relocations; and WHEREAS, S.H. 78 serves as a regional intermodal connector in southeast Collin County between Interstate 30,U.S. 75, F.M. 205, and S.H. 190; and WHEREAS, the reconstruction of S.H. 78, which travels through the heart of the community, will have significant and long term impacts on the mobility, economic viability, land use, and development standards throughout Wylie, including the areas surrounding the historic downtown; and WHEREAS, the Federal Government established in Title 49 a process requiring that a Locally Preferred Alternative (LPA) Design option be completed; by local citizens impacted by the highway reconstruction project WHEREAS, the S.H. 78 Local Design and Mobility Task Force was appointed by the City Council and public meetings were held to complete an LPA; and WHEREAS, the Task Force used as it guidelines technical criteria used by the Texas Department of Transportation (TxDot) to establish design speed and other safety elements; and WHEREAS, the Task Force also based the LPA on the recently adopted Comprehensive Land Use and Thoroughfare Plan and Citywide Traffic Study; and WHEREAS,the Task Force and City Council, on behalf of the citizens of Wylie, wishes to express their appreciation to TxDot for the privilege and opportunity to present the LPA for the reconstruction of S.H. 78. NOW THEREFORE BE IT RESOLVED THAT: The Task Force recommends approval of a Resolution formally adopting the Locally Preferred Alternative S.H. 78 Design for submission to the Texas Department of Transportation. The features and design elements incorporated into the LPA are consistent with all Tx DOT adopted design specifications and safety criteria. The LPA impacts less than twenty-five percent of the total project length and, with a FY 2001 construction letting schedule, sufficient time will enable the design phase to be completed. The LPA can be constructed within TxDOT's current project budget. The LPA fulfills the citizens' primary design objectives of improving safety of school zones, providing for the safest movement of vehicular and pedestrian traffic, the creation of new economic growth, enhancing the aesthetic appearance, and profoundly establishing a unique and quality identity for the City of Wylie. The LPA contains the following safety features and design elements: 1. The project limits are from F.M. 544 North/Northeast to Eubanks Rd., an approximate distance of 4.1 miles. 2. A forty-five (45)mile per hour design speed was used. 3. A one hundred (100) ft right-of-way width, utilizing approximately fifty feet of the former railroad right-of-way on the westside, was established as the design boundary. 4. The design accommodates a school zone at Birmingham Street. 5. All thoroughfare intersections are designed to cross S.H. 78 at 90-degree angles. 6. Geometric design does not exceed 1000 foot radius curves allowing for the safe and efficient movement of traffic at 45 miles per hour. 7. The following streets currently intersecting S.H. 78 will be eliminated. Calloway, Jackson, First, Second, Masters, Third, Marble, Fourth, and Fifth Streets. 8. No additional right-of-way is required for acquisition to complete. RESOLUTION NO. al'19(0) A RESOLUTION OF THE APPROVAL OF THE CREATION OF THE S.H. 78 LOCAL DESIGN AND MOBILITY TASK FORCE. WHEREAS, an agreement was reached between the Kansas City Southern Railway Company (KCS), Collin County, and the City of Wylie that will result in the donation by KCS to Collin County of portions of the S.H. 78 mainline right-of-way between Westgate Way and Eubanks and; WHEREAS, Collin County Commissioners Court has agreed to donate this right- of-way to the Texas Department of Transportation (TxDOT) for the expedited widening of S.H. 78 from F.M. 544 to Spring Creek Parkway, to improve the overall mobility in Southeast Collin County and; WHEREAS, because the donation of the right-of-way represents a significant local financial match, the TxDOT has committed to the City of Wylie and Collin County to complete engineering and design in FY 2000 and to let construction in FY 2001 and; WHEREAS, in addition to the funding allocated by TxDOT to the S.H. 78 expansion, the City of Wylie secured $3 million in Federal Demonstration Funds for intersection approach improvements along the S.H. 78 corridor and; WHEREAS, the completion of a Comprehensive Land Use Plan and City wide Traffic Study, involving extensive public input, represent important factors influencing the design of the S.H. 78 expansion and; WHEREAS,the reconstruction of S.H. 78, which travels through the heart of the City, will have significant and long-term impacts on the economic viability, land use, development standards, and mobility of Wylie, and including the areas surrounding the Historic Downtown and; WHEREAS, the collective efforts of all entities directly involved, including Collin County, TxDOT, and the City of Wylie will be necessary to ensure the successful completion of the project and; WHEREAS, it is the intent of the Wylie City Council and citizens to create a Task Force to develop a locally preferred design for the S.H. 78 expansion that will provide along the corridor for the safest movement of vehicular and pedestrian traffic, spur economic development activity, enhance the aesthetic appearance and profoundly establish a unique and quality identity for the City of Wylie. NOW THEREFORE, BE IT RESOLVED THAT: 1) The Wylie City Council approves the creation of the S.H. 78 Local Design and Mobility Task Force for the purpose of recommending to City Council a Locally Preferred Design and Alignment of the S.H. 78 expansion between F.M. 544 and Spring Creek Parkway and; 2) The Task Force, consisting of fifteen (15) members, will include owners of businesses and property along S.H. 78, representatives from the Wylie Chamber of Commerce, Wylie Merchants Association, Wylie Economic Development Corporation, Collin County, TxDOT, and other citizens from across the city and; 3) The meeting times, frequency and completion date for the Locally Preferred Design and Alignment will be determined after discussions with TxDOT. The first meeting with the Task Force would be held during the week of August 9, 1999. PASSED AND APPROVED this ,07 day of July 1999. C \ I J hn Mondy, Mayor ATTEST: -f/ �`� `� :. .ara A Sali' ••s, City Secreta 'SEALV. __ ' if LlE,"E '''' :1/117,n13';s;i ' WYLIE CITY COUNCIL AGENDA ITEM NO. October 26, 1999 ISSUE: Consider and act upon authorizing the City manager to enter into a contract with Winkelman and Associates in an amount not to exceed $48.000 for survey services related to the Ballard Street reconstruction- 1999 Bond Program. BACKGROUND: The 1999 City of Wylie Bond Program included a project to reconstruct a 2.4 mile portion of Ballard Avenue from Stone Drive to Muddy Creek in the city limits and ETJ of the City of Wylie. Consistent with City's thoroughfare plan, the road will be constructed as a four lane undivided road. The first year program of work establishes that design, engineering and right-of-way acquisition commence on the Ballard Street project. The survey information will be used by the engineering firm to establish the final alignment of the roadway. Collin county voters approved a County Bond Program in 1999. The county Bond also included funds for improvements to Ballard Street. The City of Wylie has received permission from Collin County to combine the county funds with City funds and design and bid a single project. FINANCIAL CONSIDERATIONS Available Funds City of Wylie 1999 Bond $ 1, 000,000.00 Collin County 1999 Bond 700,000.00 Total Available Funds $ 1, 700,000.00 The City of Wylie has programmed during the first year program of work approximately $1,870,000.00 related to street projects. Collin County has programmed approximately $1,071,000.00 for Ballard Avenue in October 2000. Other Considerations N/A ir ,_ ? C ' Prepared By Revie d by Finance City Manager Approval "1 Winkelmann &Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS September 29, 1999 Mr. Mike Collins City of Wylie 2000 State Hwy. 78 North Wylie, Texas 75098 RE: Professional Surveying Services Dear Mr. Collins: We are very pleased to present this letter contract for professional surveying services in connection with design survey services for a design topographic survey of Ballard Avenue from Stone Drive to Muddy Creek (2.4± miles) in the city limits and ETJ of the City of Wylie, Texas. The area surveyed shall be limited to the existing right of way and 100± either side of the existing right of way. It is our understanding that the City or the designated engineer shall furnish us with the proposed centerline alignment prior to dedication document being prepared. BASIC SERVICES A. Research and Data Collection 1 . Existing Plats, deeds, county maps and/or city maps 2. City and County tax roles for current ownership 3. City GPS/GIS horizontal and vertical control B. Field Survey Services 1 . Locate existing property corners 2. Locate existing visible features within the surveyed area (i.e. paving, fences, buildings, manholes, power poles, etc) 3. Shoot spot elevations at visible features 4. Shoot cross-sections on a + 100 feet interval C. Office Services 1. Abstracting for adjacent ownership 2. Prepare a working sketch of existing plats and deeds 3. Reduction of raw field data 4. Prepare a strip map of Ballard Road showing existing right of way, adjacent owners, topographical information (i.e. visible features and spot elevations, etc.) 5. Calculations to determine existing right of way 12800 Hillcrest Rd.,Suite 200 Dallas,Texas 75230 (972)490-7090 Fax(972)490-7099 Mr. Mike Collins Page 2 September 29, 1999 D. Right of way Dedication Exhibits 1. Upon receipt of a city approved centerline and right of way width prepare a field note description and 8-1/2" x 11" exhibit map for each parcel being dedicated. 2. Prepare easement exhibits as required for construction (i.e. offsite utility easements, slope easements, etc.) ADDITIONAL SERVICES The following are services that are not a part of the Basic Services and not included in the fee provided: 1. Conferences with attorneys, title company, lenders and/or owners 2. Extraneous revisions or additions to dedication documents or easement exhibits due to changes in the alignment or right of way widths 3. Underground utility locations by franchise utilities 4. Tree and landscaping locations 5. Abstracting for easements and/or adjoining land owners other than adjoining land owners 6. Topographic survey for spot elevations outside of survey limits described above 7. Engineering / Planning 8. Any service not specifically address in the Basic Services SCHEDULE We propose to deliver the topographical strip map for your review and comments within forty- five (45) working days, after receiving written authorization to begin. FEE We would propose to perform the Basic Services outlined above for a lump sum fee of $48,000.00 plus reimbursable expenses such as printing, deliveries, and mileage . We will submit an invoice monthly based on services provided. Payment is due within thirty (30) days of date of invoice. Additional services will be invoiced on an hourly basis. In addition to the matters set forth herein, our agreement shall include, and shall be subject to, the Standard Provisions attached hereto and hereby incorporated herein. The term "the Client" as used in the attached Standard Provisions shall refer to City of Wylie. Mr. Mike Collins Page 3 September 29, 1999 We appreciate the opportunity to submit this contract and look forward to working with you on this project. If this contract meets with your approval, please sign both copies in the approval space and return one for our files. Sincerely, WINKELMANN & ASSOCIATES, INC. /9 B J. lam, R.P.L.S. is President APPROVAL CITY OF WYLIE BY: DATE: K:\proposal\wylie 1.pro STANDARD PROVISIONS WINKELMANN & ASSOCIATES, INC. The firm shall perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless the otherwise stated, the Firm will have access to the site for activities necessary for the performance of the services. The Firm will take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage. Fee: The total fee, if stated, is valid for a period of 60 days and shall be understood to be an estimate, and shall not be exceeded by more than ten percent without written approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. The following rates effective through December, 1999: Personnel: $ 65 to $ 70/Hr. Principal $110 to $130/Hr. Senior Technician Senior Professional $ 95 to $100/Hr. Draftsperson/Technician $ 55 to $ 60/Hr. Professional $ 70 to $ 85/Hr. Support Staff $ 35 to $ 45/Hr. Professional Intern $ 65 to $ 75/Hr. Field Survey Crew $ 95 to $130/Hr. Others: Printing - Bluelines $ 0.50/S.F. Mylar $4/S.F. Plots - Reproducible Paper/Vellum $2/S.F. Reproducibles $1.50/S.F. Billings/Pavments Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 15 days after invoice date, unless agreed upon differently in contract. If the invoice is not paid within 15 days, the Firm may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credit on the final invoice. Reimbursables will be billed with a 15% handling charge. Late Payments: In the unlikely event of an account being unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% on the then unpaid balance (18% true and annual rate), at the sole election of the Firm. In the event any portion or all of an account remains unpaid after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. If Client for any reason fails to pay the undisputed portion of Engineer's invoices within 30 days of presentation, Engineer shall cease work on the project and Client shall waive any claim against Engineer, and shall defend and indemnify Engineer from and against any claims for injury or loss stemming from Engineer's cessation of service. Client shall also pay Engineer the cost associated with premature project demobilization. In the event the project is remobilized, Client shall also pay the cost of remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule, or scope of services. In the event any bill or portion thereof is disputed by Client, Client shall notify Engineer within ten days of receipt of bill in question, and Client and Engineer shall work together to resolve the matter within 60 days of its being called to the Engineer's attention. If resolution of the matter is not attained within 60 days, either party may terminate this Agreement in accordance with conditions indicated in "Termination of Services". Indemnification: The Client shall indemnify and hold harmless the firm and all of its personnel from any and all claims, damages losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the Firm), or anyone for whose acts them may be liable. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim except for those from Firm Employee expenses arising out of this agreement from any cause or causes, shall not exceed our fee. Such causes include, but are not limited to, the Firm's negligence, errors, omission, strict liability, breach of contract or breach of warranty. Termination of Services: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. In the event that no work has been performed on the contract services as a result of actions by other than the Firm, for a period of 90 days, the contract may be considered to be terminated at the discretion of the Firm. Ownership of Documents: All documents produced by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Upon request, a reproducible copy will be provided to client for their records and use on this project. The original in the Firm's office remains the official copy. Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of the State of Texas No Warranty: Consultant's makes no warranty, either expressed or impled, as to Consultant's findings, recommendations, plans, specifications, or professional advice. Consultant has endeavored to perform its services in accordance with generally accepted standards of practice in effect at the time of performance. Client recognizes that neither Consultant nor any of Consultant's subconsultants or subcontractors owes any fiduciary responsibility Rev.9/98 to Client. WYLIE CITY COUNCIL AGENDA ITEM NO. October 26, 1999 Issue: Consider and act upon a motion to direct the City Manager to enter into a professional service agreement with Stanland & Associates, As Needed for the re-write of the Comprehensive Zoning Ordinance for the City of Wylie. Background: Per Council direction, the City Manager has negotiated a professional service contract with Raymond E. Stanland of Stanland & Associates for the re-write of the Comprehensive Zoning Ordinance for the City of Wylie. The contract under consideration is a multiphase re-write of our existing zoning ordinance and consists of seven (7) phases. According to the schedule (see contract), Council could consider adopting the initial phase (residential development standards) of the re-write within four (4) months and the final few phases within eighteen (18) months. Also, it should be noted that the consultant ( Stanland & Associates) will hire the consultants who developed the City of Wylie Comprehensive Plan (Wallace, Roberts, & Todd) to assist in this project as outlined in the Scope of Work. Specifically,the Comprehensive Plan consultants will provide expertise during the development of all applicable design standards. Raymond E. Stanland. AICP, with Stanland & Associates will make a presentation at the Council meeting and be available to answer any questions you may have. Financial Considerations: Total project Costs in the amount of$149,220.00 Other Considerations: Contractual agreements for professional services are exempt from statutory competitive bidding requirements under the Professional Services Procurement Act and the Texas Local Government Code. Commission Recommendation: Not Applicable Staff Recommendation: Direct the City Manager to enter into a professional service agreement with Stanland & Associates, As Needed for the re-write of the Comprehensive Zoning Ordinance for the City of Wylie. Staff Recommendation: Professional Service Agreement 44 Ai •r .A61 41 rait-(* (A) Prepared by Rev e by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. t October 26, 1999 Issue: Consider and Act Upon a preliminary plat/development plan for the Creekside Estates Addition proposed by ';Gary Defrain for Campbell Wylie Partners, for the property generally located at the northeast corner of McCreary Road and McMillan Road and being all of a certain 296.441 acre tract out of the John W. Mitchell Survey, Abstract No. 589 and the Lewis M. Marshall Survey, Collin County, Texas. Background: The preliminary plat/development plan under consideration is for Creekside Estates. The applicant is preliminary platting 296.441 acres in order to develop the property with a master planned single family residential community. Specifically, the applicant is proposing a master planned community encompassing single family and open space uses. The development plan aspect of this case is the final step associated with establishing the PD(Planned Development) zoning requested. In order to establish a PD(Planned Development), the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff, and be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once Staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The Second phase of establishing a PD District is submitting for approval a Development Plan. The Development Plan shall set forth the final plans for the PD District and shall conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. Other Considerations: • Staff has reviewed the proposed preliminary plat/development plan for Creekside Estates and found it to be in compliance with the concept plan approved by the Commission and Council. This preliminary plat/development plan also complies with the Subdivision regulations and other pertinent ordinances of the City of Wylie. • The City's traffic consultant (Stanton Foerster) has reviewed the proposed development plan and is recommending approval. Please note the applicant is aware that their participation in the signalization of the FM 544/McCreary Road and McMillen/McCreary road intersections will be required at the time final plats are submitted. • It should be noted that all issues associated with above ground storm water retention should be addressed at the time final plats are submitted for consideration and that it is the applicant's responsibility to provide detailed engineering studies verifying the integrity of the proposed system (The applicant has submitted a detailed Floodplain Hydrology & Hydraulics study). The City Engineer will be present to answer any questions the Council may have regarding the applicant's preliminary drainage and retention plans. • The applicant is aware that a final plat must be approved prior to the issuance of any building permits. Financial Considerations: Application fee in the amount of$1,633.00 -Paid Commission Recommendation: At the October 5, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation: Approval, subject to the following stipulation being verified at the time of final platting: Final approval of all applicable engineering plans by the City's Consulting Engineer. The Departments of Public Works, fire, and Community Development concur with this recommendation Attachments: Proposed Land Data Preliminary Plat/Development Plan Ordinance A. e2cC )91 )4)141Z. /74 Prepai d b evie : by mance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibits "A&B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. L_6 October 26, 1999 Issues: Consider and act upon a final plat for Phase iC of the Harvest Bend Addition proposed by Douphrate& Associates, Inc., for the property generally located at the southwest corner of FM 2514 (Ballard Street) and Dog Drop Road and being all of a certain 20.054 acre tract out of the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. Background: The final plat under consideration is for Phase I of the proposed Harvest Bend subdivision. The applicant is final platting 20.054 acres of land in order to develop the property with single family residential uses. The property is currently vacant, unplatted, and zoned for SF-3 (Single Family Residential) uses. Other Considerations: • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • Section 5.01C.(b)of the Subdivision Regulations states that where development phasing of the land prevents the provision of a second means of access, the city may accept a median divided street or divided entry to satisfy the requirement of two means of access or approach. The applicant is proposing a divided approach onto Ballard Street (70 right-of-way). Staff has reviewed the proposal and is recommending approval. Specifically, the applicant has stated that phase II will be under construction within the next year and, therefore, will provide secondary access around the same time homes are being occupied within phase I. • The applicant is aware that all applicable issues and permits concerning development/access on the North Texas Municipal Water District Easement must be resolved prior to scheduling a final plat for hearing by the City Council (Staff will provide a letter from North Texas at the meeting). • In an effort to provide some of the newly annexed areas along Parker Road sewer service, the applicant has agreed (at the applicant's expense) to build an off-site extension of their service along the south side of Parker Road west to the veterinary office. Said service will enable the properties along Parker Road to hook up to the sewer system at a later date. • The applicant is aware that final water and sewer connections must be approved by the Consulting Engineer. Financial Considerations: Plat application fee in the amount of$600.00 - Paid Commission Recommendation: At the October 19, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per the staff stipulations. Staff Recommendation: Approval, subject to engineering approval of the final water and sewer connections. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat Prepared Revs ed by Financ,' City Manager Approval Feb 05 98 10: 05a Rebecca Rogers 97L-442-8154 F' • 1 REG'D JUN 16 1999 Page 1 of 3 City of Wylie (1/95) • APPLICATION AND FINAL PLAT CHECKLIST • Date June16, 1 999 Name of Proposed Development Harvest Bend Addition Name of Property Owner/Developer B&D Land, L.C. /Harlan Prop. Inc. Address2314 E. Hebron Parkway,Carrollton Tx Phone 972_939_8871 75010 Owner of Record Same as Above Address Phone Name of Land Planner Douphrate & Associates, Inc. Surveyor/Engineer Address 2231 Ridge Rd., #200, Rockwall TX 75087 Phone 972-771 -9004 Total Acreage 36 .425 Current Zoning SF-2 Number of Lots/Units 14 9 Signed GvZ The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. • The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those • requirements. Page2of3 . , WYLIE CITY COUNCIL AGENDA ITEM NO. 6, October 26, 1999 Issue Consider and act upon approval of a resolution amending the current investment policy as required by the Texas Government Code, Chapter 2256,Public Fund Investment Act, Subchapter A-Authorized Investment for Governmental Entities. Background Chapter 2256 of the Texas Government Code, requires that the governing body of an investing entity review its investment policy and investment strategies not less than annually. The Finance Department has completed its review of the policy, in the light of the amendments to the Code made in the 1999 Legislative Session(House Bill 3009, attached). No changes in the City's policy are required by these amendments. However, the Finance Department made some changes to the policy to make it a less cumbersome document. Changes to the document include the following: • The current document lists all investments permitted by the law and follows that with a list of investments not authorized by the City. The revised document lists only those investments authorized by the City. Investments authorized by the City include obligations of the United States or its agencies and instrumentalities (e.g., Treasury Notes, FNMA's), Certificates of Deposit, Repurchase Agreements, Commercial Paper, and Investment Pools. Mutual Funds have been deleted from the list of authorized investments. The entire text of Chapter 2256, Subchapter A has been included in the document as Appendix C and details all investments authorized by the State. • In the Investment Strategy, the current document lists the specific individual funds (e.g., Street Capital Project Fund) that the City has set up. In the revised document, the funds are listed by type (e.g., Capital Project Funds), so that the staff is not required to come to the Council to revise the document whenever a new fund is created. • The policy has been reformatted to two columns per page for easier reading and includes three appendices. Appendix A is the Broker/Dealer Questionnaire, Appendix B is the Certification by Dealer, and Appendix C, as mentioned above, is the text of Chapter 2256, Subchapter A. Financial Considerations None Other Considerations Annual review of the investment policies and adoption of any changes to the City's Investment Policy is mandated by the Public Funds Investment Act, Chapter 2256.005 of the Government Code. Staff Recommendations The Staff recommends that Council adopt the amended resolution updating the Investment Policy. Attachments Resolution Amending the Investment Policy Investment Policy House Bill 3009 ) . ')114L,_ L&k' re ared by eview y Finance City Manager Approval RESOLUTION NO. A RESOLUTION of the City Council of the City of Wylie, Texas, amending 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 standard of care, providing for other investment guidelines, providing for investments authorized by the City of Wylie, 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 record keeping and reporting,providing for ethics and conflicts of interest, providing for policy revisions, and making various finds and provision related to the subject. WHEREAS,the 1999 Legislature of the State of Texas enacted House Bill 3009 amending the Public Funds Investment Act; and WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution; and WHEREAS, the Public Funds Investment Act, as amended, requires that the City's investment policy be reviewed by the governing body not less than annually; WHEREAS,the attached investment policy and any incorporated revisions comply 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; 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, as amended and attached hereto is hereby adopted as the investment policy of the City effective October 26, 1999. PASSED AND ADOPTED this 26th day of October, 1999. CITY OF WYLIE, TEXAS Mayor City of Wylie, Texas INVESTMENT POLICY Adopted May 1995 Draft Revision October 26, 1999 CITY OF WYLIE, TEXAS INVESTMENT POLICY Table of Contents I. INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1 Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 4 Debt Service Reserve Funds 4 Special Projects and Special Purpose Funds 4 VII. STANDARD OF CARE 4 VIII. INVESTMENTS AUTHORIZED BY THE CITY 5 IX. OTHER INVESTMENT GUIDELINES 6 X. DIVERSIFICATION AND MATURITY LIMITS 6 XI. SELECTION OF BROKER/DEALERS 6 XII. SELECTION OF DEPOSITORIES 7 XIII. SAFEKEEPING AND CUSTODY 8 XIV. RECORD KEEPING AND REPORTING 8 XV. ETHICS AND CONFLICTS OF INTEREST 9 XVI. POLICY REVISIONS 10 APPENDIX A- BROKER/DEALER QUESTIONNAIRE APPENDIX B - CERTIFICATION BY DEALER APPENDIX C - PUBLIC FUNDS INVESTMENT ACT CITY OF WYLIE,TEXAS INVESTMENT POLICY I. INTRODUCTION III. OBJECTIVES Chapter 2256 of Title 10 of the Local Government The City's principal investment objectives, in order of Code (herein after referred to as the "Public Funds priority, are listed below. Investment Act")prescribes that each city is to adopt written rules governing its investment practices and to Safety. The primary objective of the City's investment define the authority of the investment officer. The activity is the preservation of principal(capital)in the following Investment Policy addresses the methods, overall portfolio. Each investment transaction shall procedures, and practices which must be exercised to seek first to ensure that capital losses are avoided, ensure effective and judicious fiscal management of whether the loss occurs from the default of a security the City's funds. This Policy shall not apply to the or from erosion of market value. selection, retention or other issues concerning the depositories of the City's funds in demand and time Liquidity. The City's investment portfolio will remain deposits as provided under Chapter 105 of the Local sufficiently liquid to enable the City to meet operating Government Code. requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment II. SCOPE maturities with forecasted cash flow requirements,by investing in securities with active secondary markets, This Policy shall apply to the investment and and by using state or local investment pools. management of all funds of the City under its control, other than those expressly excluded herein or by Diversification. The governing body recognizes that in applicable law or valid agreement. This Policy shall a diversified portfolio,occasional measured losses due not supersede the restrictions on investment and use to market volatility are inevitable, and must be applicable to any specific fund and,in the event of any considered within the context of the overall portfolio's conflict between this Policy and the requirements of return,provided that adequate diversification has been any fund subject hereto, the specific requirement implemented. Therefore, assets held in the common applicable to such fund shall be followed as well as all investment portfolio shall be diversified to eliminate other provisions of this Policy other than those in the risk of loss resulting from one concentration of conflict. The Employees Deferred Compensation assets in a specific maturity, a specific issuer or a Agency Fund is excluded from coverage under this specific class of securities. Policy. Yield. The investment portfolio goal (benchmark) In order to make effective use of the City's resources, against which the yield is compared will be established all monies shall be pooled into one investment bank from time to time by the Finance Director. account, except for those monies required to be Recommendations by the Investment Committee will accounted for in other bank accounts as stipulated by be considered when the performance measure is being applicable laws, bond covenants or contracts. The established. Efforts to seek higher than the above goal investment bank account will be maintained by pooled must be consistent with risk limitations identified in fund group for purposes of implementing pooled fund this policy and prudent investment principles. The strategies and reporting. The income derived from City's investment portfolio shall be designed with the this pooled investment account shall be distributed by objective of attaining a rate of return which is fund in accordance with the City's internal procedures. consistent with the risk limitations and cash flow characteristics of the City's investments. City of Wylie Investment Policy (As Revised January 9, 1998) Page 1 CITY OF WYLIE,TEXAS INVESTMENT POLICY IV. INVESTMENT COMMITTEE The Director shall develop and maintain written administrative procedures for the operation of the An investment committee consisting of the City investment program consistent with this Policy. The Manager, Director of Finance, designated investment controls shall be designed to prevent, identify and officer,and an outside ex-officio member,will meet on control losses of public funds arising from deviation a quarterly basis. The Investment Committee shall be from this Policy, fraud, employee error, authorized to invite advisors to the meetings as needed, misrepresentation by third parties,or imprudent actions including,but not limited to,the city attorney and other by employees and officers of the City. outside advisors. With written approval from the City Manager, the The investment officer will present a brief report of Director may delegate any phase of the investment investment activities to the Investment Committee. management program to members of the City staff. The primary objectives of the committee will be to Such approval shall state specifically the functions such person is authorized to perform or that the person (1) make recommendations to council regarding is authorized to perform all activities of the Director investment strategies as proposed by the under this Policy. The Director shall obtain and Director, maintain, at the City's expense, fidelity bonds for (2) approve a list of authorized brokers, dealers, himself and each of his designees in amounts banks, savings and loans, credit unions, and determined adequate by the Director(which shall not pools as recommended by the Director, be less than five percent of the amounts subject to this (3) recommend to council a list of authorized Policy) for each fiscal year as shown by the approved training sources for the state mandated budget. No person may engage in an investment investment training, transaction except as provided under the terms of this (4) monitor program results. Policy and the internal procedures established by the Director. A current list of persons authorized to The committee shall include in its deliberations such transact investment business and wire funds on behalf topics as performance reports, economic outlook, of the City shall be maintained by the Director. portfolio diversification, maturity structure, potential risk to the city's funds, and the target rate of return on Training is required for the Director, and members of the investment portfolio. The Investment Committee the Director's staff(investment officers)must attend a shall provide for minutes of its meetings. training session on responsibilities within 12 months of taking office. One-time comprehensive investment V. DELEGATION OF AUTHORITY training (i.e., GFOA's Investment and Cash Management courses) will be required for each Management responsibility for the investment program investment officer. The Director and investment is delegated by the City Council to the City Manager officers authorized to conduct transactions for the City who will designate the Finance Director as Investment pursuant to this policy shall attend at least one Officer(hereinafter referred to as the "Director"). The investment training session for a total of ten hours of Director's authority will at all times be limited by training in each two year period. Staff is also required conformance with all Federal regulations, State of to attend at least one professional association meeting Texas statutes and other legal requirements including annually. The City of Wylie will encourage its the City Charter and City Ordinances, including this investment officers to obtain professional credentials. Policy. Mandated training must include education in investment contracts, security risks,market risks, and City of Wylie Investment Policy (As Revised January 9, 1998) Page 2 CITY OF WYLIE,TEXAS INVESTMENT POLICY compliance with Chapter 2256, Public Funds OPERATING FUNDS. Investment strategies for Investment of the Government Code. Training must be operating funds have as their primary objective to from an independent source. The independent training assure that anticipated cash flows are matched with sources adopted by the City of Wylie are Texas adequate investment liquidity. The secondary Municipal League (TML), Texas City Management objective is to create a portfolio structure which will Association(TCMA),Council of Government(COG), experience minimal volatility during economic cycles. Government Treasurer's Organization of Texas This may be accomplished by purchasing high quality, (GTOT),Government Finance Officers'Association of short to medium term securities which will Texas (GFOAT). complement each other in either a laddered or a barbell structure. The dollar weighted average maturity of 365 At the discretion of either the City Manager or the days or less will be calculated using the stated final Director and in any event upon the termination or maturity dates of each security. reassignment of any member of the Director's staff authorized to conduct transactions for the City pursuant a. Short and Very Liquid Portfolios. The primary to this Policy, the authority of such person shall be objective for these funds will be liquidity and revoked and such revocation of authority shall be reasonable market yield. Funds will be invested in immediately communicated by the Director orally and accordance with the investment policy. The authorized in writing to each and every depository,broker/dealer, securities chosen or pool utilized for this portfolio will investment advisor, custodian and other agency or be of the highest quality and marketability supporting entity with whom the City has any existing or the City's objectives of safety and liquidity. Securities, continuing relationship in the management of its when not matched to a specific liability, will be short investments. term and of a liquid nature to provide adequate liquidity for the City. The portfolio shall be diversified to protect against market and credit risk in any one VI. INVESTMENT STRATEGY sector. Diversification requirements can be fully met through use of an authorized investment pool. Investment strategies must be reviewed annually by the City Council and changes to strategies must be in The weighted average maturity on the pooled written form from the City Council. Strategies must investment group will be no greater than ninety (90) address suitability of the investment to the City of days. Because the funds are pooled for investment Wylie, preservation and safety of principal, purposes, the portfolio will address the varying needs marketability of the securities,liquidity,diversification of all funds in the pooled fund, recognizing liquidity and yield. needs as well as the desire to extend slightly for incremental return on core funds in the pool. The City of Wylie maintains portfolios by pooled fund group. The pooled groups utilize four specific b.Slightly Longer and More Aggressive Approach. The investment strategies designed to address the unique strategy of the pool is to support the objectives of the characteristics of the pooled funds represented in the investment policy on these funds for safety and assure portfolio. These pooled fund groups include Operating that cash flows are matched with adequate liquidity Funds, Debt Service Funds, Debt Service Reserve while obtaining market yields. This will be Funds,and Capital Projects and Special Purpose Funds. accomplished by purchasing quality short-term liquid Investment strategies for the funds groups are detailed securities in a laddered structure or utilizing an below, investment pool. The dollar weighted average maturity will be 180 days or less to accomplish this goal. The portfolio shall be diversified to protect against market City of Wylie Investment Policy (As Revised January 9, 1998) Page 3 CITY OF WYLIE,TEXAS INVESTMENT POLICY and credit risk in any one sector. Diversification quality, with short to intermediate term maturities. requirements can be fully met through use of an Except as may be required by the bond ordinance authorized investment pool. specific to an individual issue, securities should be of high quality, with short to intermediate-term c. Long Term Portfolio with Substantial Core Funds. maturities. These securities shall be further controlled Investment strategies for operating funds and through the purchase of securities carrying the highest commingled pools containing operating funds have as yieldavailable,within the desired maturity and quality their primary objective the assurance that anticipated range. cash flows are matched with adequate investment liquidity. The objectives of the funds will include CAPITAL PROJECTS AND SPECIAL PURPOSE attainment of the highest market yields. The secondary FUNDS.The investment strategies for special projects objective is to create a portfolio structure which will or special purpose fund portfolios will have as their experience minimal volatility during economic cycles. primary objective to assure that anticipated cash flows This may be accomplished by purchasing quality, are matched with adequate investment liquidity for the short-term and intermediate securities which will safety of the funds and the completion of the targeted complement each other in a laddered maturity projects. These portfolios should include at least 10% structure. These structures will be diversified as to in highly liquid securities to allow for flexibility and market sector and maturity to protect the funds from marketability of the securities should funds be needed market and credit risk. The dollar weighted average for unanticipated project outlays. A diversified maturity of 365 days or less will be calculated using portfolio structured with laddered maturities to match the stated final maturity dates of each security. anticipated cash flows will be used to provide a reasonable market yield in those comparable maturity Operating Funds are: sectors. The stated final maturity dates of securities General Fund held should not exceed the estimated project Special Revenue Funds completion date. Enterprise Funds Capital Projects and Special Purpose Funds DEBT SERVICE FUNDS. Investment strategies for are debt service funds shall have as the primary objective Capital Projects Funds the assurance of investment liquidity adequate to cover Internal Service Funds the debt service obligation on the required payment date. Since this is one of the highest priorities of the City, securities will be chosen with the highest priorities of safety. Securities will be chosen for their VII. STANDARD OF CARE maturity dates and not require the highest degree of diversification. Securities purchased shall not have a Investments shall be made with judgment and care, stated final maturity date which exceeds the debt under prevailing circumstances, that a person of service payment date and shall be chosen secondarily prudence, discretion, and intelligence would exercise with regard to yield and diversification. in the management of the person's own affairs,not for speculation, but for investment, considering the DEBT SERVICE RESERVE FUNDS. The investment probable safety of capital and the probable income to strategy for the debt service reserve fund shall have as be derived. Investment of funds shall be governed by the primary objective the ability to generate a the following investment objectives, in order of dependable revenue stream from securities with a low priority: degree of volatility. Securities should be of high City of Wylie Investment Policy (As Revised January 9, 1998) Page 4 CITY OF WYLIE,TEXAS INVESTMENT POLICY (1) preservation and safety of principal; 2. Certificates of deposit and share certificates issued in the State of Texas with a maximum (2) liquidity; and security of 18 months or less and insured by the Federal Deposit Insurance Corporation or (3) diversification; and its successor or the National Credit Union Share Insurance Program or its successor, or (4) yield. secured by obligations that are described in Section 2256.009(a)of the Government Code. In determining whether an investment officer has exercised prudence with respect to an investment 3. Fully collateralized direct repurchase decision, the determination shall be made taking into agreements with a defined termination date of consideration: 180 days or less which are secured by obligations of the United States or its agencies (1) the investment of all funds, or funds under the and instrumentalities and pledged with a third City's control, over which the officer had party other than an agent or pledgor in the responsibility rather than a consideration as to City's name. The agreement must be placed the prudence of a single investment; and through a primary government securities dealer, as defined by the Federal Reserve, or (2) whether the investment decision was by a financial institution doing business in the consistent with the written investment policy State of Texas. Each issuer of repurchase of the City. agreements shall be required to sign a master repurchase agreement. The Director and his staff shall recognize that the investment activities of the City are a matter of public 4. Commercial paper that has a stated maturity of record. Therefore, all participants in the investment 270 days or fewer from the date of its issuance process shall seek to act responsibly as custodians of and that is rated not less that A-1 or P-1 or an the public trust. Investment officials shall avoid any equivalent rating by at least two nattionally transactions that might impair public confidence in the recognized credit rating agencies or one City's ability to govern effectively. nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing VIII.INVESTMENTS AUTHORIZED BY THE under the laws of the United States or any CITY OF WYLIE state. Authorized investments for municipal governments in 5. Approved investment pools as described in the State of Texas are set forth in the Public Funds Section 2256.016 which are continuously rated Investment Act, as amended (Section 2256.009- no lower than AAA, AAA-m or an equivalent 2256.019, Government Code). Suitable investments rating by at least one nationally recognized for the City of Wylie are limited to the following. rating agency and have a weighted average maturity no greater than 90 days. 1. Direct obligations of the United States or its agents and instrumentalities with a stated maturity of 2 years or less. City of Wylie Investment Policy (As Revised January 9, 1998) Page 5 CITY OF WYLIE,TEXAS INVESTMENT POLICY IX. OTHER INVESTMENT GUIDELINES specific class of securities, with the exception of U.S. Treasury issues. The asset allocation in the portfolio The City seeks active management of its portfolio should, however, be flexible depending upon the assets. In order to meet the objectives of this Policy, outlook for the economy and the securities markets. the City may from time to time sell securities that it owns in order to better position its portfolio assets. The City will not exceed the following maximum Sales of securities prior to maturity shall be limits as a percentage of the total portfolio for each of documented and approved by the Director before such the categories listed below: a transaction is consummated. Sales of securities Maximum yielding net proceeds less than 98% of the book value %of Maximum of the securities must be approved in advance and in Investment Category Portfolio Maturity writing by the City Manager. Three examples of situations involving the sale of securities prior to Obligations of the United 100% 2 years maturity are States or its agencies and instrumentalities. (1) swap - to sell an investment to realize a Certificates of Deposit& capital gain, Share Certificates 30% 18 mon. (2) to better position selected investments due Repurchase Agreements 100% 90 days to a change in market conditions, NOT Reverse Repurchase Agreements (3) to react to emergency liquidity demands. Commercial Paper 5% 270 days Each investment transaction must be based upon Investment Pools 100% n/a competitive quotations received from at least three broker/dealers who have been approved by the City in The Director shall evaluate how each security accordance with Texas law. purchased fits into the City's overall investment strategy. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery At all times the City shall maintain 10 percent of its basis(i.e., for securities purchases, monies will not be total investment portfolio in instruments maturing in released by the City's safekeeping bank until securities 90 days or less. The weighted average maturity of all are received at the Federal Reserve Bank for further securities and certificates of deposit in the City's total credit to the City's safekeeping bank. In the case of investment portfolio at any given time (not including securities sales,monies will be received by the City's cash or demand deposits)shall not exceed one and one- safekeeping bank via the Federal Reserve Bank as the half years. securities are simultaneously released to the purchaser). In this manner the City will always have Maturities shall be selected which provide for both possession of either its securities or its monies. stability of income and reasonable liquidity. X. DIVERSIFICATION AND MATURITY XI. SELECTION OF BROKERS/DEALERS LIMITS The City shall maintain a list of broker/dealers and It is the policy of the City to avoid concentration of financial institutions which have been approved for assets in a specific maturity, a specific issue, or a investment purposes by the investment committee. City of Wylie Investment Policy (As Revised January 9, 1998) Page 6 CITY OF WYLIE,TEXAS INVESTMENT POLICY (For the purpose of this investment policy, Certification language should be mutually acceptable Broker/dealer will be used to refer to any brokerage to both parties. An investment officer of the City may firm, bank, investment pool, or financial institution not buy any securities from a person who has not with whom the City does investment business). delivered to the City an instrument substantially in the Securities may only be purchased from those form provided by this policy. authorized institutions and firms. The authorized broker/dealers will be reviewed at least annually. To The Director shall review the quality of service and be eligible, a broker/dealer must meet at least one of financial stability of each broker/dealer and financial the following criteria: 1) be recognized as a Primary institution approved under this Section at least Dealer as defined by the New York Federal Reserve annually. Any approved broker/dealer or financial Market Reports Division; or 2)comply with Securities institution may be removed from the list of approved and Exchange Commission Rule 15C3-1,the Uniform broker/dealers with the approval of the Director, if in Net Capital Requirement Rule. the opinion of the Director,the firm has not performed adequately or its financial position is considered Broker/dealers will be selected and recommended to inadequate. the investment committee by the Director on the basis of their financial stability, expertise in cash XII. SELECTION OF DEPOSITORIES management and their ability to service the City's account. Each broker/dealer that has been authorized The City shall maintain a list of authorized banks and by the City shall be required to submit and annually savings and loans which are approved to provide update a Broker/Dealer Information Request form Certificates of Deposit. To be eligible for which includes the firm's most recent financial authorization, a bank or savings and loan must be statements. The Director shall maintain a file which members of the FDIC and meet the minimum credit includes the most recent Broker/Dealer Information criteria(described below)of a credit analysis provided Request forms submitted by each firm approved for by a commercially available bank rating service such investment purposes. A copy of the submitted as Prudent Man Analysis, Inc., or Sheshunoff Public Broker/Dealer Information Request forms as well as a Finance Bank Rating Service. Banks or savings and list of those broker/dealers approved by the City shall loans failing to meet the minimum criteria or, in the be maintained by the Director(See Appendix A). judgement of the Director, no longer offer adequate safety for the City will be removed from the list. Investment Policy Acknowledgment. The City of Wylie will provide all approved securities dealers with a copy Bank rating guidelines will be calculated using of the City's Investment Policy. A principal in the firm publicly available information obtained from the must execute a written statement acknowledging Federal Reserve, the Comptroller of the Currency, or receipt and review of the policy and a statement the banking institution itself. Data obtained from bank acknowledging that reasonable procedures and controls rating services will include factors covering the have been implemented to preclude imprudent following: overall rating, liquidity policy, credit risk investment activities being conducted between the policy, interest rate policy, profitability and capital entity and the securities firm (See Appendix B). policy. Financial institutions selected to issue certificates of deposit to the City in excess of$100,000 All approved broker/dealer firms must have a or that are selected as Safekeeping or Custodial agents completed City of Wylie broker/dealer questionnaire, for the City shall meet the following criteria: 1)have investment policy,written acknowledgment per above a Sheshunoff Public Finance Peer Group Rating of guidelines, executed master repurchase agreement, if thirty or better on a scale of zero to one hundred with applicable, and current financial information on file. one hundred being the highest rating at the time of City of Wylie Investment Policy (As Revised January 9, 1998) Page 7 CITY OF WYLIE,TEXAS INVESTMENT POLICY selection or 2) have a Prudent Man Express Analysis The City must approve release of securities in writing overall rating of three or better on a scale of one to five prior to their removal from the custodial account. A with one being the highest quality for the most recent telephone facsimile of a written authorization shall be reporting quarter before the time of selection, and 3) sufficient if the custodian orally confirms receipt of the qualify as a depository of public funds in the State of transmission and an exact copy of the document is Texas. retained in the City's files. In no event shall the custodial bank be an authorized depository bank,issuer The Director shall maintain a file of the credit rating of repurchase agreements in which the City invests or analysis reports performed for each approved firm. broker/dealer of securities on behalf of the City. In addition to the foregoing requirements,with respect All securities shall be confirmed in the name of the to bond proceeds and reserves or other funds City and delivered to an approved custodial bank or maintained for debt service purposes, a depository of carried at a Federal Reserve Bank in the name of the such funds must be selected by competitive bidding by City. The Custodian shall not otherwise deposit two banks located within the boundaries of the City or purchased or pledged securities. All book entry if there are not two banks available within the City's securities owned by the City shall be evidenced by a boundaries that are willing and able to accept such safekeeping receipt issued to the City and signed by the deposits,then at least three bids must be obtained from appropriate officer at the custodian bank stating that banks situated in Collin County that are willing and the securities are held in the Federal Reserve system in able to accept such deposits. a CUSTOMER ACCOUNT naming the City as the "customer." In addition,the custodian bank will,when XIII. SAFEKEEPING AND CUSTODY requested, furnish a copy of the delivery advice received by the custodian bank from the Federal Investment securities purchased for the City will be Reserve Bank. delivered by either book entry or physical delivery and shall be held in third-party safekeeping by a Federal All certificated securities(those transferred by physical Reserve Member financial institution designated as the delivery) shall: 1) be held by an approved custodian City's safekeeping and custodian bank. The City may bank or any correspondent bank in New York City designate more than one custodian bank, but the approved by the Director; and 2) the correspondent safekeeping banks shall not be a depository bank. The bank or the City's safekeeping bank shall issue a City shall execute a Safekeeping Agreement with each safekeeping receipt to the City evidencing that the bank prior to utilizing the custodian's safekeeping securities are held by the correspondent bank for the services. Only a state or national bank located within City. the State of Texas may be utilized as a custodian of securities pledged to secure certificates of deposit. The The original safekeeping receipt for each transaction safekeeping agreement must provide that the including purchased securities under a repurchase safekeeping bank will immediately record and agreement and collateral securing deposits will be promptly issue and deliver a signed safekeeping receipt forwarded to the Director or his designee and held in a showing the receipt and the identification of the secured file by the City. security, as well as the City's interest. XIV. RECORD KEEPING AND REPORTING The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping A record shall be maintained of all bids and offerings Agreement executed with each custodian bank. for securities transactions in order to ensure that the City receives competitive pricing. All transactions City of Wylie Investment Policy (As Revised January 9. 1998) Page 8 CITY OF WYLIE,TEXAS INVESTMENT POLICY shall be documented by the person authorizing the An investment report shall be prepared by the Director transaction in a form that shows that person's name,the and signed by each officer and employee of the City party instructed to execute the transaction, the date, a authorized to conduct any of the City's investment description of the transaction and a brief statement of activity, on a quarterly basis listing all of the the reason(s) for the transaction. investments held by the City, beginning and ending market value for period, the current market valuation At least once each quarter,the Director shall verify that of the investments and transaction summaries, all securities purchased by or pledged to the City are including a detailed list of the gains and losses on hand in appropriate form. The City, in conjunction recognized. The market value will be determined by: with its annual financial audit, shall perform a (1)written reports such as the Wall Street Journal; (2) compliance audit of management controls on on-line services such as Bloomberg; or (3) through a investments and adherence to the City's established primary dealer or national bank that is independent of investment policies. the specific security being valued. The report must state the pooled fund group for each asset/security. Each depository of the City's funds shall maintain The report shall explain the total investment return separate, accurate and complete records relating to all during the previous quarter and compare the portfolio's deposits of the City's funds, the securities pledged to performance to other benchmarks of performance. If secure such deposits and all transactions relating to the invested in securities,the City's audit firm must review pledged securities. Each approved custodian shall the quarterly reports annually and the result of the maintain separate, accurate and complete records review shall be reported to the City Council by that relating to all securities received on behalf of the City, auditor. whether pledged, purchased or subject to repurchase agreement, as well as all transactions related to such Within 90 days after the end of the City's fiscal year, securities. In addition, each depository shall file all the Director shall prepare, sign and deliver to the City reports required by the Texas State Depository Board. Manager and the City Council an annual report on the Each depository and custodian shall agree to make all City's investment program and investment activity the records described in this paragraph available to the which has also been signed by each officer and Director's designee and the City's auditors at any employee of the City authorized to conduct any of the reasonable time. City's investment activity. The annual report shall include full year and separate monthly comparisons of All broker/dealers, custodians, depositories and investment return. Such annual report shall include an investment advisors shall maintain complete records of analysis of the compliance with this Policy as well as all transactions that they conducted on behalf of the changes in the applicable laws and regulations during City and shall make those records available for the previous year and may include any other items of inspection by the Director or other representatives significance related to the investment program. The designated by the City Council or City Manager. annual investment report will be reviewed as a part of the annual audit. All sales of securities for less than the book value of the security shall be approved by the Director and XV. ETHICS AND CONFLICTS OF reported to the City Council at the next regular INTEREST meeting. Sales of securities for less than 98 percent of the book value of the securities must be approved by Officers and employees of the City involved in the both the City Manager and the Director. investment process shall refrain from personal business activity that involves any of the City's approved custodians, depositories,broker/dealers or investment City of Wylie Investment Policy (As Revised January 9, 1998) Page 9 CITY OF WYLIE,TEXAS INVESTMENT POLICY advisors and shall refrain from investing in any disclosing that personal business interest. An security issue held by the City. Employees and officers investment officer who is related within the second shall not utilize investment advice concerning specific degree by affinity or consanguinity to an individual securities or classes of securities obtained in the seeking to sell an investment to the City shall file a transaction of the City's business for personal statement disclosing that relationship. A statement investment decisions, shall in all respects subordinate required under this subsection must be filed with the their personal investment transactions to those of the Texas Ethics Commission and the governing body of City, particularly with regard to the timing of the City. purchases and sales and shall keep all investment advice obtained on behalf of the City and all XVI. POLICY REVISIONS transactions contemplated and completed by the City confidential, except when disclosure is required by This Investment Policy will be reviewed at least law. annually by the City Manager,Director of Finance and designated investment officer and revised when An investment officer of the City who has a personal necessary. All revisions shall be approved by the City business relationship with an organization seeking to Council. sell an investment to the City shall file a statement City of Wylie Investment Policy (As Revised January 9, 1998) Page 10 APPENDIX A CITY OF WYLIE TEXAS BROKER/DEALER QUESTIONNAIRE The City of Wylie, Texas, (hereinafter referred to as the "City") manages a multi-million dollar investment portfolio. The City has established written policies and procedures relating both to its selection of appropriate portfolio securities and the selection of broker/dealers with whom it conducts business. City policy establishes that transactions relating to the purchase and/or sale of negotiable government securities be conducted only primary securities dealers who regularly report to the Market Reports Division of the Federal Reserve Bank of New York or dealers who qualify under the Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule). • The fact that a prospective broker/dealer is associated with one of these firms is not sufficient to insure its eligibility to conduct business with the City. The demonstrated skill, experience and reputation of the individual who has direct contact with the City are key factors in his/her selection as an eligible broker/dealer. • The following questionnaire is designed to demonstrate a prospective broker/dealer's ability to properly serve the needs of the City. After review of the prospective broker/dealer's response to this questionnaire, the City will make a determination as to the eligibility of the broker/dealer to conduct business with the City. Please answer all questions as fully as possible. 1.Name of Firm 2. Address(local) 3. Address(national) 4.Telephone(local) (national) 5.Direct Representative: Name Title Telephone 6.Branch Manager: Name Title Telephone 7.National Supervisor: Name Title Telephone 8. Is your firm a primary dealer in U.S. Government securities, reporting to the Market Reports Division of the Federal Reserve Bank of New York? YES or NO 9. Does your firm qualify by complying under the Securities and Exchange Commission Rule 15C3-1,the Uniform Net Capital Requirement Rule? YES or NO City of Wylie Broker/Dealer Questionnaire Page 1 of 3 APPENDIX A 10.How long has the Direct Representative been a Government Securities Broker? years 11. Identify and provide background information on all personnel who will be accepting orders (or quoting prices to)City Cash Management Personnel. For each individual,list name, function, registrations held, states where registered, length of time with the firm, and immediate supervisor's name and telephone number(attach additional pages,if necessary). Name Telephone Number City and State where individual is located Job Function Registrations States where registered Length of time with firm Immediate Supervisor Telephone Number Name - Telephone Number City and State where individual is located Job Function Registrations States where registered Length of time with firm Immediate Supervisor Telephone Number Name Telephone Number City and State where individual is located Job Function Registrations States where registered Length of time with firm Immediate Supervisor Telephone Number City of Wylie Broker/Dealer Questionnaire Page 2 of 3 APPENDIX A 12. Provide the name and telephone number of the person who performs your day-to-day operation functions. Name Telephone Number 13.Who is your clearing bank? 14.What are your wire instructions? Federal Reserve Bank Commercial Bank • ABA Number Account Number 15.Will the City be charged any fees on delivery or receiving of securities by your firm? YES or NO 16.Enclose samples of the following documents: Customer Confirmation of a Transaction Monthly Customer Statement Your firm's most recent Annual Report 17. Provide a list of references of public-sector clients who are similar to the City of Wylie and with whom your direct representative has an established business relationship. The City of Wylie is particularly interested in references that are located in the State of Texas. For each reference, please provide the following information: Name of Client Address(City and State) Direct client contact name and telephone number Length of relationship(years) Typical investment transactions City of Wylie Broker/Dealer Questionnaire Page 3 of 3 APPENDIX B CITY OF WYLIE,TEXAS TEXAS PUBLIC FUNDS INVESTMENT ACT CERTIFICATION BY DEALER This certification is executed on behalf of the City of Wylie and (the Dealer) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the Act) in connection with investment transactions conducted between the City of Wylie and the Dealer. The undersigned Qualified Representative of the Dealer hereby certifies on behalf of the Dealer that 1. The Dealer Qualified Representative is duly authorized to execute this Certification on behalf of the Dealer, and 2. The Dealer Qualified Representative has received and reviewed the Investment Policy furnished by the City of Wylie, and 3. The Dealer has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Dealer and the City of Wylie that are not authorized by the City's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. Dealer Qualified Representative Signature Name(Printed) Title Date APPENDIX C CHAPTER 2256. PUBLIC FUNDS INVESTMENT (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR and whose investment objectives in order of priority are: GOVERNMENTAL ENTITIES (A)preservation and safety of principal; Sec.2256.001. Short Title. (B)liquidity;and This chapter may be cited as the Public Funds Investment Act. (C)yield. Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff. Sept. 1, 1995. (7) "Local government" means a municipality, a county, a school Sec.2256.002. Defmitions. district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh In this chapter: water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the (1) "Bond proceeds"means the proceeds from the sale of bonds,notes, State of Texas,and any nonprofit corporation acting on behalf of any of and other obligations issued by an entity, and reserves and funds those entities. 0 maintained by an entity for debt service purposes. (8)"Market value"means the current face or par value of an investment (2) "Book value" means the original acquisition cost of an investment multiplied by the net selling price of the security as quoted by a plus or minus the accrued amortization or accretion. recognized market pricing source quoted on the valuation date. (3)"Funds"means public funds in the custody of a state agency or local (9) "Pooled fund group" means an internally created fund of an government that: investing entity in which one or more institutional accounts of the investing entity are invested. (A) are not required by law to be deposited in the state treasury; and (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the (B) the investing entity has authority to invest. business organization,and who is one of the following: (4) "Institution of higher education" has the meaning assigned by (A) for a business organization doing business that is regulated by Section 61.003,Education Code. or registered with a securities commission, a person who is registered under the rules of the National Association of Securities (5) "Investing entity"and"entity"mean an entity subject to this chapter Dealers; and described by Section 2256.003. (B) for a state or federal bank, a savings bank,or a state or federal credit union, a member of the loan committee for the bank or Public Funds Investment Act Page 1 of 14 APPENDIX C branch of the bank or a person authorized by corporate resolution (4) an investment pool acting on behalf of two or more local to act on behalf of and bind the banking institution;or governments,state agencies,or a combination of those entities. (C) for an investment pool, the person authorized by the elected Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the Sec.2256.004. Applicability. investment pool. This subchapter does not apply to: (11)"School district"means a public school district. (1)a public retirement system as defined by Section 802.001; (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (2)state funds invested as authorized by Section 404.024; (13) "State agency" means an office, department, commission, board, (3) an institution of higher education having total endowments of at or other agency that is part of any branch of state government, an least$95 million in book value on May 1, 1995; institution of higher education,and any nonprofit corporation acting on behalf of any of those entities. (4)funds invested by the Veterans'Land Board as authorized by Chapter 161, 162,or 164,Natural Resources Code;or Amended by Acts 1995, 74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995;Acts Text of subd.(5)as added by Acts 1997,75th Leg.,ch.505,Sec.24 1997,75th Leg.,ch. 1421,Sec. 1,eff. Sept. 1, 1997. Sec.2256.003. Authority to Invest Funds;Entities Subject to this Chapter. (5) registry funds deposited with the county or district clerk under Chapter 117,Local Government Code. Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under Text of subd.(5)as added by Acts 1997,75th Leg.,ch. 1421,Sec.2 this subchapter in compliance with investment policies approved by theSection governing body and according to the standard of care prescribed by Section (5) a deferred compensation 401(k)or 457 of the Internal RevenueaCode of 1986(26 U t qualifies under either S C. Section 2256.006: 1 et seq.),as amended. (1)a local government; Amended by Acts 1995, 74th Leg., ch.402, Sec. 1,eff. Sept. 1, 1995;Acts (2)a state agency; 1997,75th Leg., ch. 505, Sec. 24, eff. Sept. 1, 1997,Acts 1997, 75th Leg., ch. 1421,Sec.2,eff.Sept. 1, 1997. (3) a nonprofit corporation acting on behalf of a local government or a state agency;or Sec. 2256.005. Investment Policies; Investment Strategies; Investment Officer. Public Funds Investment Act Page2of14 APPENDIX C (a) The governing body of an investing entity shall adopt by rule, order, (2)in writing; ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (3)electronically;or (b)The investment policies must: (4)in any combination of those methods. (1)be written; (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group (2)primarily emphasize safety of principal and liquidity; of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities (3) address investment diversification, yield, and maturity and the in order of importance: quality and capability of investment management;and (1) understanding of the suitability of the investment to the financial (4)include: requirements of the entity; (A) a list of the types of authorized investments in which the (2)preservation and safety of principal; investing entity's funds may be invested; • (3)liquidity; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (C)for pooled fund groups,the maximum dollar-weighted average maturity allowed based on the stated maturity date for the (5)diversification of the investment portfolio;and portfolio; (6)yield. (D) methods to monitor the market price of investments acquired with public funds;and (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing (E) a requirement for settlement of all transactions, except body shall adopt a written instrument by rule, order, ordinance, or investment pool funds and mutual funds, on a delivery versus resolution stating that it has reviewed the investment policy and investment payment basis. strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (c)The investment policies may provide that bids for certificates of deposit be solicited: (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state (1)orally; agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment Public Funds Investment Act • Page 3of14 APPENDIX C policy adopted by the entity. Authority granted to a person to invest an subsection,an investment officer has a personal business relationship with a entity's funds is effective until rescinded by the investing entity or until business organization if: termination of the person's employment by the investing entity. In the administration of the duties of an investment officer, the person designated (1) the investment officer owns 10 percent or more of the voting stock as investment officer shall exercise the judgment and care,under prevailing or shares of the business organization or owns $5,000 or more of the circumstances, that a prudent person would exercise in the management of fair market value of the business organization; the person's own affairs. Unless authorized by law, a person may not deposit,withdraw,transfer, or manage in any other manner the funds of the (2) funds received by the investment officer from the business investing entity. organization exceed 10 percent of the investment officer's gross income for the previous year;or (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the (3) the investment officer has acquired from the business organization function of investing its funds. during the previous year investments with a book value of$2,500 or more for the personal account of the investment officer. Text of subsec.(h)as amended by Acts 1997,75th Leg.,ch.685,Sec. 1 (j)The governing body of an investing entity may specify in its investment (h) An officer or employee of a commission created under Chapter 391, policy that any investment authorized by this chapter is not suitable. Local Government Code, is ineligible to be an investment officer for the commission under Subsection(f)if the officer or employee is an investment (k)A written copy of the investment policy shall be presented to any person officer designated under Subsection(f)for another local government offering to engage in an investment transaction with an investing entity. For purposes of this subsection,a business organization includes investment Text of subsec.(h)as amended by Acts 1997,75th Leg.,ch. 1421,Sec.3 pools. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity (h) An officer or employee of a commission created under Chapter 391, to determine that they are in compliance with the investment policy. The Local Government Code, is ineligible to be designated as an investment qualified representative of the business organization offering to engage in officer under Subsection (f) for any investing entity other than for that an investment transaction with an investing entity shall execute a written commission. instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an (1)received and reviewed the investment policy of the entity;and investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the (2) acknowledged that the business organization has implemented second degree by affinity or consanguinity, as determined under Chapter reasonable procedures and controls in an effort to preclude investment 573, to an individual seeking to sell an investment to the investment transactions conducted between the entity and the organization that are officer's entity shall file a statement disclosing that relationship. A not authorized by the entity's investment policy, except to the extent statement required under this subsection must be filed with the Texas Ethics that this authorization is dependent on an analysis of the makeup of the Commission and the governing body of the entity. For purposes of this • Public Funds Investment Act Page4of14 APPENDIX C entity's entire portfolio or requires an interpretation of subjective (With In toing an invester an tment decision, t officer has thedetermination shall be made nce investment standards. taking into consideration: (1)The investment officer of an entity may not acquire or otherwise obtain 1 the investment of all funds,or funds under the entity's control, over any authorized investment described in the investment policy of the ( ) investing entity from a person who has not delivered to the entity the which the officer had responsibility rather than a consideration as to the instrument required by Subsection(k). prudence of a single investment;and (m)An investing entity, in conjunction with its annual financial audit, shall (2) whether the investment decision was consistent with the written perform a compliance audit of management controls on investments and investment policy of the entity. adherence to the entity's established investment policies. State agencies shall report the results of the audit performed under this subsection to the Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. state auditor. The state auditor shall compile the results of reports received under this subsection and annually report those results to the legislative Sec. 2256.007. Investment Training; State Agency Board Members and audit committee. Officers. Amended by Acts 1995, 74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995;Acts (a) Each member of the governing board of a state agency and its 1997, 75th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., investment officer shall attend at least one training session relating to the ch. 1421,Sec.3,eff.Sept. 1, 1997. person's responsibilities under this chapter within six months after taking office or assuming duties. Sec.2256.006. Standard of Care. (b) The Texas Higher Education Coordinating Board shall provide the (a) Investments shall be made with judgment and care, under prevailing training under this section. circumstances,that a person of prudence,discretion, and intelligence would Trainingunder this section must include education in investment exercise in the management of the person's own affairs,not for speculation, (c) but for investment, considering the probable safety of capital and the controls, security risks, strategy risks, market risks, and compliance with probable income to be derived. Investment of funds shall be governed by this chapter. the following investment objectives,in order of priority: (d) An investment officer shall attend a training session not less than once (1)preservation and safety of principal; in a two-year period and may receive training from any independent source approved by the governing body of the state agency. The investment officer (2)liquidity;and shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last (3)yield. day of each regular session of the legislature. • Public Funds Investment Act Page5of14 APPENDIX C Amended by Acts 1995,74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995; Acts .1997,75th Leg.,ch.73,Sec. 1,eff.May 9, 1997;Acts 1997,75th Leg.,ch. (3) collateralized mortgage obligations directly issued by a federal 1421,Sec.4,eff.Sept. 1, 1997. agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United Sec.2256.008. Investment Training;Local Governments. States; (a) The treasurer, the chief financial officer if the treasurer is not the chief (4) other obligations, the principal and interest of which are financial officer,and the investment officer of a local government shall: unconditionally guaranteed or insured by, or backed by the full faith and credit of,this state or the United States or their respective agencies (1) attend at least one training session relating to the treasurer's or and instrumentalities;and officer's responsibilities under this subchapter within 12 months after taking office or assuming duties;and (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally (2) attend an investment training session not less than once in a two- recognized investment rating firm not less than A or its equivalent. year period and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent (b)The following are not authorized investments under this section: source approved by the governing body of the local government or a designated investment committee advising the investment officer as (1) obligations whose payment represents the coupon payments on the provided for in the investment policy of the local government. outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (b) Training under this section must include education in investment controls, security risks, strategy risks, market risks, and compliance with (2) obligations whose payment represents the principal stream of cash this chapter. flow from the underlying mortgage-backed security collateral and bears no interest; Amended by Acts 1995, 74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995;Acts 1997,75th Leg.,ch. 1421,Sec.5,eff.Sept. 1, 1997. (3)collateralized mortgage obligations that have a stated fmal maturity date of greater than 10 years;and Sec. 2256.009. Authorized Investments: Obligations of, or Guaranteed by Governmental Entities. (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market (a) Except as provided by Subsection (b), the following are authorized index. investments under this subchapter: Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. (1) obligations of the United States or its agencies and instrumentalities; Sec. 2256.010. Authorized Investments: Certificates of Deposit and Share Certificates. (2)direct obligations of this state or its agencies and instrumentalities; Public Funds Investment Act • Page 6 of 14 APPENDIX C A certificate of deposit is an authorized investment under this subchapter if (4)is placed through a primary government securities dealer,as defmed the certificate is issued by a state or national bank domiciled in this state, a by the Federal Reserve, or a fmancial institution doing business in this savings bank domiciled in this state, or a state or federal credit union state. • domiciled in this state and is: (b)In this section,"repurchase agreement"means a simultaneous agreement (1)guaranteed or insured by the Federal Deposit Insurance Corporation to buy, hold for a specified time, and sell back at a future date obligations or its successor or the National Credit Union Share Insurance Fund or described by Section 2256.009(a)(l),at a market value at the time the funds its successor; are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse (2) secured by obligations that are described by Section 2256.009(a), security repurchase agreement. including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the (c) Notwithstanding any other law, the term of any reverse security principal amount of the certificates, but excluding those mortgage repurchase agreement may not exceed 90 days after the date the reverse backed securities of the nature described by Section 2256.009(b);or security repurchase agreement is delivered. (3) secured in any other manner and amount provided by law for (d) Money received by an entity under the terms of a reverse security deposits of the investing entity. repurchase agreement shall be used to acquire additional authorized investments, but the'term of the authorized investments acquired must Amended by Acts 1995,74th Leg.,ch. 32, Sec. 1, eff. April 28, 1995;Acts mature not later than the expiration date stated in the reverse security 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., repurchase agreement. ch. 1421,Sec.6,eff.Sept. 1, 1997. Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. Sec.2256.011. Authorized Investments: Repurchase Agreements. Sec.2256.012. Authorized Investments: Banker's Acceptances. (a)A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: A bankers' acceptance is an authorized investment under this subchapter if the bankers'acceptance: (1)has a defmed termination date; (1) has a stated maturity of 270 days or fewer from the date of its (2)is secured by obligations described by Section 2256.009(a)(1);and issuance; (3) requires the securities being purchased by the entity to be pledged (2)will be,in accordance with its terms,liquidated in full at maturity; to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and (3)is eligible for collateral for borrowing from a Federal Reserve Bank; approved by the entity;and and Public Funds Investment Act Page7of14 APPENDIX C (4) is accepted by a bank organized and existing under the laws of the U.S.C.Section 78a et seq.)or the Investment Company Act of 1940(15 United States or any state, if the short-term obligations of the bank, or U.S.C. Section 80a-1 et seq.); of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one (3) has a dollar-weighted average stated maturity of 90 days or fewer; nationally recognized credit rating agency. and Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. (4)includes in its investment objectives the maintenance of a stable net asset value of$1 for each share. Sec.2256.013. Authorized Investments: Commercial Paper. (b) In addition to a no-load money market mutual fund permitted as an Commercial paper is an authorized investment under this subchapter if the authorized investment in Subsection (a), a no-load mutual fund is an commercial paper: authorized investment under this subchapter if the mutual fund: (1) has a stated maturity of 270 days or fewer from the date of its (1)is registered with the Securities and Exchange Commission; issuance;and (2)has an average weighted maturity of less than two years; (2)is rated not less than A-1 or P-1 or an equivalent rating by at least: (3)is invested exclusively in obligations approved by this subchapter; (A)two nationally recognized credit rating agencies;or (4) is continuously rated as to investment quality by at least one (B) one nationally recognized credit rating agency and is fully nationally recognized investment rating firm of not less than AAA or secured by an irrevocable letter of credit issued by a bank its equivalent;and organized and existing under the laws of the United States or any state. (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. funds of investing entities. Sec.2256.014. Authorized Investments:Mutual Funds. (c)An entity is not authorized by this section to: (a)A no-load money market mutual fund is an authorized investment under (1)invest in the aggregate more than 80 percent of its monthly average this subchapter if the mutual fund: fund balance, excluding bond proceeds and reserves and other funds held for debt service, in money market mutual funds described in (1) is registered with and regulated by the Securities and Exchange Subsection (a) or mutual funds described in Subsection (b), either Commission; separately or collectively; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 Public Funds Investment Act • Page 8 of 14 APPENDIX C (2)invest in the aggregate more than 15 percent of its monthly average (c)To be eligible as an authorized investment: fund balance, excluding bond proceeds and reserves and other funds (1) the governing body of the entity must specifically authorize held for debt service,in mutual funds described in Subsection(b); guaranteed investment contracts as an eligible investment in the order, (3) invest any portion of bond proceeds, reserves and funds held for ordinance,or resolution authorizing the issuance of bonds; debt service,in mutual funds described in Subsection(b);or (2) the entity must receive bids from at least three separate providers (4) invest its funds or funds under its control, including bond proceeds with no material financial interest in the bonds from which proceeds and reserves and other funds held for debt service, in any one mutual were received; fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. (3)the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; Amended by Acts 1995,74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995;Acts (4) price rice of the guaranteed investment contract must take into 1997,75th Leg.,ch. 1421,Sec.7,eff. Sept. 1, 1997. account the reasonaby expected drawdown schedule for the bond Sec. 2256.015. Authorized Investments for State Agencies: Guaranteed proceeds to be invested;and Investment Contracts. (5) the provider must certify the administrative costs reasonably (a) A guaranteed investment contract is an authorized investment for state expected to be paid to third parties in connection with the guaranteed agencies for bond proceeds under this subchapter if the guaranteed investment contract. investment contract: Amended by Acts 1995,74th Leg., ch.402, Sec. 1,eff. Sept. 1, 1995;Acts (1)has a defined termination date; 1997,75th Leg.,ch. 1421,Sec.8,eff.Sept. 1, 1997. (2) is secured by obligations described by Section 2256.009(a)(1), Sec.2256.016. Authorized Investments: Investment Pools. excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under (a) An entity may invest its funds and funds under its control through an the contract;and eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the (3)is pledged to the entity and deposited with the entity or with a third particular pool. An investment pool shall invest the funds it receives from party selected and approved by the entity. entities in authorized investments permitted by this subchapter. (b) Bond proceeds, other than bond proceeds representing reserves and (b) To be eligible to receive funds from and invest funds on behalf of an funds maintained for debt service purposes,may not be invested under this entity under this chapter,an investment pool must furnish to the investment subchapter in a guaranteed investment contract with a term of longer than officer or other authorized representative of the entity an offering circular or five years from the date of issuance of the bonds. other similar disclosure instrument that contains, at a minimum, the following information: Public Funds Investment Act Page 9 of 14 APPENDIX C (c)To maintain eligibility to receive funds from and invest funds on behalf • (1)the types of investments in which money is allowed to be invested; of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date,of the pool; (1)investment transaction confirmations;and (3) the maximum stated maturity date any investment security within (2) a monthly report that contains, at a minimum, the following the portfolio has; information: (4)the objectives of the pool; (A) the types and percentage breakdown of securities in which the pool is invested; (5)the size of the pool; (B) the current average dollar-weighted maturity, based on the (6)the names of the members of the advisory board of the pool and the stated maturity date,of the pool; dates their terms expire; (C) the current percentage of the pool's portfolio in investments (7)the custodian bank that will safekeep the pool's assets; that have stated maturities of more than one year; (8)whether the intent of the pool is to maintain a net asset value of one (D)the book value versus the market value of the pool's portfolio, dollar and the risk of market price fluctuation; using amortized cost valuation; (9) whether the only source of payment is the assets of the pool at (E)the size of the pool; market value or whether there is a secondary source of payment, such as insurance or guarantees,and a description of the secondary source of (F)the number of participants in the pool; payment; (G)the custodian bank that is safekeeping the assets of the pool; (10)the name and address of the independent auditor of the pool; (H) a listing of daily transaction activity of the entity participating (11) the requirements to be satisfied for an entity to deposit funds in in the pool; and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds (I)the yield and expense ratio of the pool; from the pool;and (J)the portfolio managers of the pool;and (12) the performance history of the pool, including yield, average dollar-weighted maturities,and expense ratios. (K)any changes or addenda to the offering circular. Public Funds Investment Act • Page 10 of 14 APPENDIX C (d) An entity by contract may delegate to an investment pool the authority Sec.2256.017. Existing Investments. to hold legal title as custodian of investments purchased with its local funds. An entity is not required to liquidate investments that were authorized (e)In this section, "yield"shall be calculated in accordance with regulations investments at the time of purchase. governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to Added by Acts 1995,74th Leg.,ch.76,Sec.5.46(a),eff. Sept. 1, 1995;Acts time by the federal Securities and Exchange Commission. 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. Amended by Acts 1997, 75th Leg.,ch. 1421,Sec. 10,eff.Sept. 1, 1997. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter,a public funds investment pool created to function Sec.2256.019. Rating of Certain Investment Pools. as a money market mutual fund must mark its portfolio to market daily,and, to the extent reasonably possible, stabilize at a $1 net asset value. If the A public funds investment pool must be continuously rated no lower than ratio of the market value of the portfolio divided by the book value of the AAA or AAA-m or at an equivalent rating by at least one nationally portfolio is less than 0.995 or greater than 1.005,portfolio holdings shall be recognized rating service or no lower than investment grade by at least one sold as necessary to maintain the ratio between 0.995 and 1.005. nationally recognized rating service with a weighted average maturity no greater than 90 days. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. advisory board composed: Amended by Acts 1997,75th Leg.,ch. 1421,Sec. 11,eff.Sept. 1, 1997. (1) equally of participants in the pool and other persons who do not Sec.2256.020. Authorized Investments:Institutions of Higher Education. have a business relationship with the pool and are qualified to advise the pool,for a public funds investment pool created under Chapter 791 In addition to the authorized investments permitted by this subchapter, an and managed by a state agency;or institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, (1) cash management and fixed income funds sponsored by organizations for other investment pools. exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986(26 U.S.C.Section 501(f)); (h)To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously (2) negotiable certificates of deposit issued by a bank that has a certificate rated no lower than AAA or AAA-m or at an equivalent rating by at least of deposit rating of at least 1 or the equivalent by a nationally recognized one nationally recognized rating service. credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a Amended by Acts 1995, 74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995;Acts nationally recognized credit rating agency;and 1997,75th Leg.,ch. 1421,Sec.9,eff.Sept. 1, 1997. Public Funds Investment Act Page 11 of14 APPENDIX C (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long- (2)be prepared jointly by all investment officers of the entity; term rating categories,without regard to gradations within those categories. (3)be signed by each investment officer of the entity; Added by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. (4) contain a summary statement, prepared in compliance with Sec.2256.021. Effect of Loss of Required Rating. generally accepted accounting principles, of each pooled fund group that states the: An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment (A)beginning market value for the reporting period; does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an (B)additions and changes to the market value during the period; investment that does not have the minimum rating. (C)ending market value for the period;and Added by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. (D)fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested Sec.2256.022. Expansion of Investment Authority. asset at the beginning and end of the reporting period by the type of asset and fund type invested; Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state (6) state the maturity date of each separately invested asset that has a auditor. maturity date; Added by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. (7)state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; Sec.2256.023. Internal Management Reports. and (a)Not less than quarterly, the investment officer shall prepare and submit (8) state the compliance of the investment portfolio of the state agency to the governing body of the entity a written report of investment or local government as it relates to: transactions for all funds covered by this chapter for the preceding reporting period. (A) the investment strategy expressed in the agency's or local government's investment policy;and (b)The report must: (B)relevant provisions of this chapter. (1)describe in detail the investment position of the entity on the date of the report; Public Funds Investment Act • Page 12 of 14 APPENDIX C (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time (2)an entity created under Chapter 392,Local Government Code;or after the end of the period. (3)an entity created under Chapter 394,Local Government Code. (d)If an entity invests in other than money market mutual funds,investment pools or accounts offered by its depository bank in the form of certificates Added by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally Sec.2256.025. Selection of Authorized Brokers. reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that he governing body of an entity subject to this subchapter or the designated auditor. investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. investment transactions with the entity. Amended by Acts 1997,75th Leg.,ch. 1421,Sec. 12,eff.Sept. 1, 1997. Added by Acts 1997,75th Leg.,ch. 1421,Sec. 13,eff.Sept. 1, 1997. Sec.2256.024. Subchapter Cumulative. Sec.2256.026. Statutory Compliance. (a)The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection(b),this subchapter does not: All investments made by entities must comply with this subchapter and all federal,state,and local statutes,rules,or regulations. (1)prohibit an investment specifically authorized by other law;or Added by Acts 1997,75th Leg.,ch. 1421,Sec. 13,eff.Sept. 1, 1997. (2)authorize an investment specifically prohibited by other law. SUBCHAPTER B. MISCELLANEOUS PROVISIONS (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized Sec.2256.051. Electronic Funds Transfer. investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to Any local government may use electronic means to transfer or invest all the contrary. funds collected or controlled by the local government. (c) Mortgage pass-through certificates and individual mortgage loans that Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. may constitute an investment described in Section 2256.009(b) are authorized investments with respect to the housing bond programs operated Sec.2256.052. Private Auditor. by: Notwithstanding any other law, a state agency shall employ a private (1) the Texas Department of Housing and Community Affairs or a auditor if authorized by the legislative audit committee either on the nonprofit corporation created to act on its behalf; committee's initiative or on request of the governing body of the agency. Public Funds Investment Act Page 13 of 14 APPENDIX C Amended by Acts 1995, 74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995;Acts Amended by Acts 1995,74th Leg.,ch.402,Sec. 1,eff.Sept. 1, 1995. 1997,75th Leg.,ch. 1423,Sec.8.69,eff.Sept. 1, 1997. Sec.2256.053. Payment for Securities Purchased by State. Sec.2256.056. Compliance With Other Laws. The comptroller or the disbursing officer of an agency that has the power to Notwithstanding any other law, a municipality with a population of less invest assets directly may pay for authorized securities purchased from or than 50,000 may not issue for any purpose or cause to be issued in its behalf through a member in good standing of the National Association of any installment sale obligation or lease-purchase obligation having the Securities Dealers or from or through a national or state bank on receiving principal amount of $1 million or more without complying with the an invoice from the seller of the securities showing that the securities have provisions of Section 3.002, Chapter 53, Acts of the 70th Legislature, 2nd been purchased by the board or agency and that the amount to be paid for Called Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes), the securities is just, due, and unpaid. A purchase of securities may not be regardless of whether the obligation was issued individually or in a series of made at a price that exceeds the existing market value of the securities. related transactions, or whether the obligation was issued with no recourse to the local government. Amended by Acts 1995,74th Leg., ch.402, Sec. 1, eff. Sept. 1, 1995; Acts 1997,75th Leg.,ch. 1423,Sec.8.67,eff.Sept. 1, 1997. Added by Acts 1997,75th Leg.,ch. 1421,Sec. 14,eff.Sept. 1, 1997. Sec.2256.054. Delivery of Securities Purchased by State. SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF SECURITIES PURCHASED BY STATE[DELETED A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries,including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995,74th Leg.,ch.402, Sec. 1,eff. Sept. 1, 1995;Acts 1997,75th Leg.,ch. 1423,Sec.8.68,eff.Sept. 1, 1997. Sec.2256.055. Deposit of Securities Purchased by State. At the direction of the comptroller or the agency,a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Public Funds Investment Act Page 14 of 14 76(R)HB 3009 Enrolled version-Bill Text http://www.capitol.state.tx.us/cgi-...B&BILLSUFFIX=03009&VERSION=5&TYPE=B 1-1 AN ACT 1-2 relating to investments and audits under the Public Funds 1-3 Investment Act. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 2256.002 (10) , Government Code, is amended 1-6 to read as follows: 1-7 (10) "Qualified representative" means a person who 1-8 holds a position with a business organization, who is authorized to 1-9 act on behalf of the business organization, and who is one of the 1-10 following: 1-11 (A) for a business organization doing business 1-12 that is regulated by or registered with a securities commission, a 1-13 person who is registered under the rules of the National 1-14 Association of Securities Dealers; 1-15 (B) for a state or federal bank, a savings bank, 1-16 or a state or federal credit union, a member of the loan committee 1-17 for the bank or branch of the bank or a person authorized by 1-18 corporate resolution to act on behalf of and bind the banking 1-19 institution; [er] 1-20 (C) for an investment pool, the person 1-21 authorized by the elected official or board with authority to 1-22 administer the activities of the investment pool to sign the 1-23 written instrument on behalf of the investment pool; or 1-24 (D) for an investment management firm registered 2-1 under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 2-2 et sea. ) or, if not subject to registration under that Act, 2-3 registered with the State Securities Board, a person who is an 2-4 officer or principal of the investment management firm. 2-5 SECTION 2 . Section 2256.003, Government Code, is amended to 2-6 read as follows : 2-7 Sec. 2256.003 . AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT 2-8 TO THIS CHAPTER. (a) Each governing body of the following 2-9 entities may purchase, sell, and invest its funds and funds under 2-10 its control in investments authorized under this subchapter in 2-il compliance with investment policies approved by the governing body 2-12 and according to the standard of care prescribed by Section 2-13 2256.006: 2-14 (1) a local government; 2-15 (2) a state agency; 2-16 (3) a nonprofit corporation acting on behalf of a 2-17 local government or a state agency; or 2-18 (4) an investment pool acting on behalf of two or more 2-19 local governments, state agencies, or a combination of those 2-20 entities. 2-21 (b) In the exercise of its powers under Subsection (a) , the 2-22 governing body of an investing entity may contract with an 2-23 investment management firm registered under the Investment Advisers 2-24 Act of 1940 (15 U.S.C. Section 80b-1 et seq. ) or with the State 2-25 Securities Board to provide for the investment and management of 2-26 its public funds or other funds under its control. A contract made 2-27 under authority of this subsection may not be for a term longer 3-1 than two years. A renewal or extension of the contract must be 3-2 made by the governing body of the investing entity by order, 3-3 ordinance, or resolution. 3-4 (c) This chapter does not prohibit an investing entity or 3-5 investment officer from using the entity's employees or the 3-6 services of a contractor of the entity to aid the investment 3-7 officer in the execution of the officer' s duties under this 3-8 chapter. 3-9 SECTION 3 . Section 2256.004, Government Code, as amended by 3-10 Chapters 505 and 1421, Acts of the 75th Legislature, Regular 1 of 5 10/21/1999 1:58 PM 76(R)HB 3009 Enrolled version-Bill Text http://www.capitol.state.tx.us/cgi-...B&BILLSUFFIX=03009&VERSION=5&TYPE=B 3-11 Session, 1997, is amended to read as follows: 3-12 Sec. 2256.004 . APPLICABILITY. (a) This subchapter does not 3-13 apply to: 3-14 (1) a public retirement system as defined by Section 3-15 802 .001; 3-16 (2) state funds invested as authorized by Section 3-17 404.024; 3-18 (3) an institution of higher education having total 3-19 endowments of at least $95 million in book value on May 1, 1995; 3-20 (4) funds invested by the Veterans' Land Board as 3-21 authorized by Chapter 161, 162, or 164, Natural Resources Code; 3-22 [er] 3-23 (5) registry funds deposited with the county or 3-24 district clerk under Chapter 117, Local Government Code; or[—] 3-25 (6) [ (5) ] a deferred compensation plan that qualifies 3-26 under either Section 401 (k) or 457 of the Internal Revenue Code of 3-27 1986 (26 U.S.C. Section 1 et seq. ) , as amended. 4-i (b) This subchapter does not apply to an investment donated 4-2 to an investing entity for a particular purpose or under terms of 4-3 use specified by the donor. 4-4 SECTION 4 . Section 2256.005, Government Code, is amended by 4-5 amending Subsections (f) , (k) , and (m) and adding Subsections (n) 4-6 and (o) to read as follows: 4-7 (f) Each investing entity shall designate, by rule, order, 4-8 ordinance, or resolution, as appropriate, one or more officers or 4-9 employees of the state agency, local government, or investment pool 4-10 as investment officer to be responsible for the investment of its 4-11 funds consistent with the investment policy adopted by the entity. 4-12 If the governing body of an investing entity has contracted with 4-13 another investing entity to invest its funds, the investment 4-14 officer of the other investing entity is considered to be the 4-15 investment officer of the first investing entity for purposes of 4-16 this chapter. Authority granted to a person to invest an entity' s 4-17 funds is effective until rescinded by the investing entity.. [e-] 4-18 until the expiration of the officer's term or the termination of 4-19 the person's employment by the investing entity, or if an 4-20 investment management firm, until the expiration of the contract 4-21 with the investing entity. In the administration of the duties of 4-22 an investment officer, the person designated as investment officer 4-23 shall exercise the judgment and care, under prevailing 4-24 circumstances, that a prudent person would exercise in the 4-25 management of the person's own affairs, but the governing body of 4-26 the investing entity retains ultimate responsibility as fiduciaries 4-27 of the assets of the entity. Unless authorized by law, a person 5-1 may not deposit, withdraw, transfer, or manage in any other manner 5-2 the funds of the investing entity. 5-3 (k) A written copy of the investment policy shall be 5-4 presented to any person offering to engage in an investment 5-5 transaction with an investing entity or to an investment management 5-6 firm under contract with an investing entity to invest or manage 5-7 the entity' s investment portfolio. For purposes of this 5-8 subsection, a business organization includes investment pools and 5-9 an investment management firm under contract with an investing 5-10 entity to invest or manage the entity's investment portfolio. 5-11 Nothing in this subsection relieves the investing entity of the 5-12 responsibility for monitoring the investments made by the investing 5-13 entity to determine that they are in compliance with the investment 5-14 policy. The qualified representative of the business organization 5-15 offering to engage in an investment transaction with an investing 5-16 entity shall execute a written instrument in a form acceptable to 5-17 the investing entity and the business organization substantially to 2 of 5 10/21/1999 1:58 PM 76(R)HB 3009 Enrolled version-Bill Text http://www.capitol.state.tx.us/cgi-...B&BILLSUFFIX=03009&VERSION=5&TYPE=B 5-18 the effect that the business organization has: 5-19 (1) received and reviewed the investment policy of the 5-20 entity; and 5-21 (2) acknowledged that the business organization has 5-22 implemented reasonable procedures and controls in an effort to 5-23 preclude investment transactions conducted between the entity and 5-24 the organization that are not authorized by the entity' s investment 5-25 policy, except to the extent that this authorization is dependent 5-26 on an analysis of the makeup of the entity's entire portfolio or 5-27 requires an interpretation of subjective investment standards. 6-1 (m) An investing entity other than a state agency, in 6-2 conjunction with its annual financial audit, shall perform a 6-3 compliance audit of management controls on investments and 6-4 adherence to the entity's established investment policies. [Etatc 6-5 a9eneies sha l epe t the exults e€ the—a of ���€e rred uftder 6-6 subsection to else state audite .The state ''te l �p' 6-7 the results of reports received under this bsectio an'' a ally 6-8 report those results to the legislative audit committee.] 6-9 (n) Except as provided by Subsection (o) , at least once 6-10 every two years a state agency shall arrange for a compliance audit 6-11 of management controls on investments and adherence to the agency' s 6-12 established investment policies. The compliance audit shall be 6-13 performed by the agency's internal auditor or by a private auditor 6-14 employed in the manner provided by Section 321.020. Not later than 6-15 January 1 of each even-numbered year, a state agency shall report 6-16 the results of the most recent audit performed under this 6-17 subsection to the state auditor. A state agency also shall report 6-18 to the state auditor other information the state auditor determines 6-19 necessary to assess compliance with laws and policies applicable to 6-20 state agency investments. A report under this subsection shall be 6-21 prepared in a manner the state auditor prescribes. 6-22 (o) The audit requirements of Subsection (n) do not apply to 6-23 assets of a state agency that are invested by the comptroller under 6-24 Section 404.024. 6-25 SECTION 5 . Section 2256.007 (c) , Government Code, is amended 6-26 to read as follows: 6-27 (c) Training under this section must include education in 7-1 investment controls, security risks, strategy risks, market risks, 7-2 diversification of investment portfolio, and compliance with this 7-3 chapter. 7-4 SECTION 6. Section 2256.008, Government Code, is amended to 7-5 read as follows: 7-6 Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) 7-7 Except as provided by Subsection (b) , the [The] treasurer, the 7-8 chief financial officer if the treasurer is not the chief financial 7-9 officer, and the investment officer of a local government shall: 7-10 (1) attend at least one training session from an 7-11 independent source approved by the governing body of the local 7-12 government or a designated investment committee advising the 7-13 investment officer as provided for in the investment policy of the 7-14 local government and containing at least 10 hours of instruction 7-15 relating to the treasurer's or officer' s responsibilities under 7-16 this subchapter within 12 months after taking office or assuming 7-17 duties; and 7-18 (2) except as provided by Subsection (b) , attend an 7-19 investment training session not less than once in a two-year period 7-20 and receive not less than 10 hours of instruction relating to 7-21 investment responsibilities under this subchapter from an 7-22 independent source approved by the governing body of the local 7-23 government or a designated investment committee advising the 7-24 investment officer as provided for in the investment policy of the 3 of 5 10/21/1999 1:58 PM 76(R)HB 3009 Enrolled version-Bill Text http://www.capitol.state.tx.us/cgi-...B&BILLSUFFIX=03009&VERSION=S&TYPE=B 7-25 local government. 7-26 (b) An investing entity created under authority of Section 7-27 52 (b) , Article III, or Section 59, Article XVI, Texas Constitution, 8-1 that has contracted with an investment management firm under 8-2 Section 2256.003 (b) and has fewer than five full-time employees or 8-3 an investing entity that has contracted with another investing 8-4 entity to invest the entity's funds may satisfy the training 8-5 requirement provided by Subsection (a) (2) by having an officer of 8-6 the governing body attend four hours of appropriate instruction in 8-7 a two-year period. The treasurer or chief financial officer of an 8-8 investing entity created under authority of Section 52 (b) , Article 8-9 III, or Section 59, Article XVI, Texas Constitution, and that has 8-10 fewer than five full-time employees is not required to attend 8-11 training required by this section unless the person is also the 8-12 investment officer of the entity. 8-13 (c) Training under this section must include education in 8-14 investment controls, security risks, strategy risks, market risks, 8-15 diversification of investment portfolio, and compliance with this 8-16 chapter. 8-17 (d) Not later than December 31 each year, each individual, 8-18 association, business, organization, governmental entity, or other 8-19 person that provides training under this section shall report to 8-20 the comptroller a list of the governmental entities for which the 8-21 person provided required training under this section during that 8-22 calendar year. An individual's reporting requirements under this 8-23 subsection are satisfied by a report of the individual' s employer 8-24 or the sponsoring or organizing entity of a training program or 8-25 seminar. 8-26 SECTION 7. Section 2256.009 (a) , Government Code, is amended 8-27 to read as follows: 9-1 (a) Except as provided by Subsection (b) , the following are 9-2 authorized investments under this subchapter: 9-3 (1) obligations of the United States or its agencies 9-4 and instrumentalities; 9-5 (2) direct obligations of this state or its agencies 9-6 and instrumentalities; 9-7 (3) collateralized mortgage obligations directly 9-8 issued by a federal agency or instrumentality of the United States, 9-9 the underlying security for which is guaranteed by an agency or 9-10 instrumentality of the United States; 9-11 (4) other obligations, the principal and interest of 9-12 which are unconditionally guaranteed or insured by, or backed by 9-13 the full faith and credit of, this state or the United States or 9-14 their respective agencies and instrumentalities; [ate] 9-15 (5) obligations of states, agencies, counties, cities, 9-16 and other political subdivisions of any state rated as to 9-17 investment quality by a nationally recognized investment rating 9-18 firm not less than A or its equivalent; and 9-19 (6) bonds issued, assumed, or guaranteed by the State 9-20 of Israel. 9-21 SECTION 8. Section 2256.014 (c) , Government Code, is amended 9-22 to read as follows: 9-23 (c) An entity is not authorized by this section to: 9-24 (1) invest in the aggregate more than 15 [8-9] percent 9-25 of its monthly average fund balance, excluding bond proceeds and 9-26 reserves and other funds held for debt service, in [moncy markct 9-27 mutual fundo dcocribcd in Cub3cction (a) or] mutual funds described 10-1 in Subsection (b) [, either 3cparatcly or collectively] ; 10-2 (2) [invc3t in the aggregate morc than 15 percent of 10-3 i s meal hly—average €und Bala ee, e a n i✓Y ' n 10-4 rcocrvcs and other fulado hc14 €er debt 3crvec, in--m l €ands 4 of 5 10/21/1999 1:58PM 76(R)HB 3009 Enrolled version-Bill Text http://www.capitol.state.tx.us/cgi-...B&BILLSUFFIX=03009&VERSION=5&TYPE=B 10-5 dcocribcd in Eubocction (b) ;] 10-6 [ (3) ] invest any portion of bond proceeds, reserves 10-7 and funds held for debt service, in mutual funds described in 10-8 Subsection (b) ; or 10-9 (3) [ (4) ] invest its funds or funds under its control, 10-10 including bond proceeds and reserves and other funds held for debt 10-11 service, in any one mutual fund described in Subsection (a) or (b) 10-12 in an amount that exceeds 10 percent of the total assets of the 10-13 mutual fund. 10-14 SECTION 9. The heading for Section 2256.015, Government 10-15 Code, is amended to read as follows: 10-16 Sec. 2256. 015. AUTHORIZED INVESTMENTS [FOR CTATP ACENCIEG] : 10-17 GUARANTEED INVESTMENT CONTRACTS. 10-18 SECTION 10. Section 2256.015 (a) , Government Code, is amended 10-19 to read as follows: 10-20 (a) A guaranteed investment contract is an authorized 10-21 investment [for otatc agcncico] for bond proceeds under this 10-22 subchapter if the guaranteed investment contract: 10-23 (1) has a defined termination date; 10-24 (2) is secured by obligations described by Section 10-25 2256.009 (a) (1) , excluding those obligations described by Section 10-26 2256.009 (b) , in an amount at least equal to the amount of bond 10-27 proceeds invested under the contract; and 11-1 (3) is pledged to the entity and deposited with the 11-2 entity or with a third party selected and approved by the entity. 11-3 SECTION 11. This Act takes effect September 1, 1999. 11-4 SECTION 12 . The importance of this legislation and the 11-5 crowded condition of the calendars in both houses create an 11-6 emergency and an imperative public necessity that the 11-7 constitutional rule requiring bills to be read on three several 11-8 days in each house be suspended, and this rule is hereby suspended. President of the Senate Speaker of the House I certify that H.B. No. 3009 was passed by the House on May 11, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 3009 on May 28, 1999, by a non-record vote. Chief Clerk of the House I certify that H.B. No. 3009 was passed by the Senate, with amendments, on May 26, 1999, by a viva-voce vote. Secretary of the Senate APPROVED: Date Governor 5 of 5 10/21/1999 1:58 PM WYLIE CITY COUNCIL AGENDA ITEM NO. October 26, 1999 Issue Hold a public hearing and consider and act upon', an ordinance of the City of Wylie, affecting participation of City employees in the Texas Municipal Retirement System granting the additional rights authorized by Section 854.202(g)of Title 8, Texas Government Code, as amended, and prescribing the effective date for the ordinance. Background House bill 2168, adopted by the Texas Legislature during its 1995 legislative session, provides that Texas Municipal Retirement System (TMRS) member cities can adopt retirement benefits at any age with 20 years of service credit. If an employee has service credit at more than one member city, all cities for which he worked must have adopted the 20 year retirement provision in order for the employee to be eligible for full retirement benefits with 20 years of service credit. The bill requires that TMRS first prepare an actuarial study of the cost for each city to adopt this provision. Second, the bill requires that the City hold a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Finally, the bill requires that the City adopt this provision by ordinance. The 20 year retirement option was presented to the City Council for approval during the fiscal year 1999-2000 budget process and has been incorporated into the budget adopted by the City Council on September 14, 1999. Financial Considerations The adoption of the 20 year retirement benefit in Fiscal Year 1999-2000 raised the City's contribution rate by 0.15%from 8.05%to 8.20%. The effect on the General Fund budget was an increase in TMRS contributions of$4,150. The Utility Fund budget increase is $680. The 4B Sales Tax Revenue Fund and the Wylie Economic Development Fund budgets both increased $120. Other Considerations N/A Staff Recommendation It is recommended that the City Council adopt this ordinance. Attachments Ordinance Adopting Retirement Eligibility at Any Age with 20 Years of Service Credit Section 854.202, Texas Government Code )1()A (- - , re red by Revie by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.002(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the 74th Legislature of the State of Texas,meeting in Regular Session,passed House Bill 2168, which inter alia, amended Section 854.202(g) of the Texas Government Code that allows Texas Municipal Retirement System ("TMRS") cities to adopt retirement eligibility at any age with 20 years of service credit, and WHEREAS, Governor George W. Bush approved House Bill 2168 after its passage, and House Bill 2168 took effect September 1, 1995, and WHEREAS, all legal notices have been given in the manner and form set forth by law, and all other requirements, including a public hearing,have been fulfilled, and WHEREAS, the City Council of Wylie, Texas ("City Council") has investigated and determined that it would be beneficial and advantageous to the employees of the City of Wylie to grant retirement eligibility at any age with 20 years of service credit, and WHEREAS,the City Council adopted the Fiscal Year 1999-2000 budget on September 14, 1999,which included funds for the adoption of retirement eligibility at any age with 20 years of service credit; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS Act,"the City of Wylie,Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System("System"): (a)Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more municipalities that have adopted a like provision under Section 854.202(g) of the TMRS Act. (b)Prior to adopting this ordinance,the governing body of the City has (1)prepared an actuarial analysis of member retirement annuities at 20 years of service; and(2) held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. (c) The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. Section 2. This ordinance shall become effective on the first day of January in the year 2000. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 26th day of October, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary - , Vtl TEXAS MUNICIPAL RETIREMENT SYSTEM Over fifty years of retirement security for municipal employees. P. 0. Box 149153 • AusnN,TEXAS 78714-9153 • 1200 NORTH INTERSTATE 35 • www.tmrs.org ADMINISTRATION: (512)476-7577 OR TOLL-FREE(877) 634-8595 • FAX: (512)476-2903 MEMBER SERVICES:TOLL-FREE(800) 924-8677 • FAX: (512)476-5576 September 29, 1999 WA FAX: 972/442-8105 AND U.S. MAIL Ms. Barbara LeCocq Personnel Manager City of Wylie 2000 Hwy 78 North • Wylie, Texas 75098-0428 Dear Barbara: House Bill 2168 provides that cities can adopt retirement eligibility at any age with 20 years of service credit. The Bill requires that TMRS first prepare an actuarial study of the cost for each city to adopt this provision. Second, the Bill requires that the City hold a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Finally, the Bill requires that the City adopt this provision by ordinance. The System's actuary has prepared the actuarial study for the City. If the City elects to adopt the "20 year any age" retirement eligibility effective January 1, 2000, the additional cost for this provision will be +0.15% of payroll, and the total the contribution rate for the year 2000 will be 8.20% (8.05% + 0.15% = 8.20%). If your City would like to see the effect 20 year any age retirement would have on an employee's retirement benefit, we recommend that you select 4 or 5 representative employees, and allow us to prepare retirement estimates for those individuals. If we can provide any additional information regarding this or any other TMRS plan improvement, please feel free to call on us. Sincerely, Eric W. Davis Director of Administration EWD/dhl Enclosure Government Code-Chapter 854 http://capitol.tic.state.tx.us/statutes/codes/GV000215.html (a) The governing body of a municipality having an effective date of participation in the retirement system before May 29, 1969, by ordinance may authorize eligibility for a service retirement annuity as provided by this section. (b) The governing body may authorize a member who is an employee of the municipality to be eligible for service retirement who is at least 50 years old and has at least 25 years of credited service performed for one or more municipalities that either have authorized eligibility under this section or are subject to Section 854.102 (d) , or to terminate employment and remain eligible to retire and receive a service retirement annuity at any time after the member attains an applicable age provided by law for service retirement of employees of the municipality, if the member has at least 20 years of credited service performed for one or more municipalities that either have authorized eligibility under this section or are subject to Section 854 .102 (d) . (c) A governing body may not adopt an ordinance under this section unless the actuary first determines that all obligations charged against the municipality's account in the municipality accumulation fund, including the obligations proposed in the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period. Acts 1981, 67th Leg. , p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg. , 1st C.S. , p. 224, ch. 18, Sec. 82, eff. Jan. 1, 1982 . Renumbered from Vernon' s Ann.Civ.St. Title 110B, Sec. 64.201 and amended by Acts 1989, 71st Leg. , ch. 179, Sec. 1, eff. Sept. 1, 1989. Sec. 854 .202 . Additional Optional Service Retirement Eligibility. (a) The governing body of a municipality that has an effective date of participation in the retirement system after December 31, 1975, or that has previously authorized updated service credits, by ordinance may authorize eligibility for a service retirement annuity as provided by this section for a member who is or was an employee of any participating department of the municipality. (b) The governing body may authorize a member to retire and receive a service retirement annuity, if the member: (1) is at least 50 years old and has at least 25 years of credited service performed for one or more municipalities that have authorized eligibility under this subdivision; or (2) is at least 60 years old and has at least 10 years of credited service performed for one or more municipalities that either have authorized eligibility under this subdivision or have a participation date in the retirement system after August 26, 1979. (c) The governing body may authorize a member who is or was an employee of the municipality to terminate employment and remain eligible to retire and receive a service retirement annuity at any time after the member attains an applicable age and service requirement, if the member has at least 10 years of credited service performed for one or more municipalities that either have 12 of 30 9/24/1999 2:41 PM Government Code-Chapter 854 http://capitol.tic.state.tx.us/statutes/codes/GV000215.html authorized eligibility under this subsection or are subject to Section 854.102 (e) . (d) An ordinance adopted under this section must also include the provisions specified in Section 852 .105. A governing body may not adopt an ordinance under this section unless the actuary first determines, on the basis of mortality and other tables adopted by the board of trustees, that all obligations of the municipality to the municipality accumulation fund, including obligations proposed under the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period. (e) The governing body shall specify the effective date of an ordinance under this section, which may be the first day of any month after the month in which the actuary makes the determination required by Subsection (d) . (f) The governing body may authorize a member to retire and receive a service retirement benefit if the member has at least 25 years of credited service performed for one or more municipalities that either have authorized eligibility under this subdivision or have a participation date in the retirement system after September 1, 1987. (g) The governing body may authorize a member to retire and receive a service retirement benefit if the member has at least, 20 years of credited service performed for one or more\ municipalities that have authorized eligibility under this, subsection. (h) Before a governing body may elect to authorize a member to retire pursuant to Subsection (g) , the governing body shall: (1) prepare an actuarial analysis of member retirement annuities at 20 years of service; and (2) hold a public hearing. (i) The public hearing required under Subsection (h) shall be held pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. Acts 1981, 67th Leg. , p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg. , 1st C.S. , p. 224, ch. 18, Secs. 83, 84, eff. Jan. 1, 1982; Acts 1987, 70th Leg. , ch. 183, Sec. 8, eff. Aug. 31, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64 .202 and amended by Acts 1989, 71st Leg. , ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg. , ch. 514, Sec. 23, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 712, Secs. 2, 3, eff. Sept. 1, 1995. Sec. 854 .203 . Optional Increase in Retirement Annuities. (a) The governing body of a participating municipality by ordinance, from time to time but not more frequently than once in each 12-month period, may authorize and provide for increased annuities to be paid to retirees and beneficiaries of deceased retirees of the municipality. An annuity increased under this 13 of 30 9/24/1999 2:41 PM