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1291 ORDINANCE NO, 1291 (#24 - 06) AN ORDINANCE PROVIDING CREATION OF JMC 53.10; FOR THE ADOPTION OF AN INVESTMENT POLICY FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville's recent audit report recommended adoption of a formal policy regarding investment of operating funds so as to maximize interest earnings while meeting all requirements to preserve the safety of the principal and provide adequate cash flow. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONtang ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code §3.10.010 is hereby created and shall include the following: JMC § 3.10.010 PURPOSE AND SCOPE The purpose of the City of Jacksonville's Investment Policy is to provide guidelines for investment of City of Jacksonville operating funds to preserve the safety of principal, to maintain adequate cash flow, and to maximize interest earnings. This policy applies to the investment of City of Jacksonville operating funds not needed for immediate expenditures. This policy does not govern the investment of employee retirement or pension funds or proceeds of bond issues. SECTION TWO: Jacksonville Municipal Code § 3.10.020 is hereby created and shall include the following: JMC § 3.10.020 STANDARDS /OBJECTIVES A. Investments will be made within the constraints of applicable state laws and this policy, taking into consideration liquidity needs of the City. Investment decisions will be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence would so exercise in the management of their own affairs, not for speculation but for investment, considering the probable safety of their capital as well as the probable income to be derived. B. Investment of the funds of the City of Jacksonville shall be directed to the primary objective of safety of principal; the secondary objective shall be maintaining adequate cash flow; and, the final objective shall be maximizing investment yield. C. Except for cash in certain restricted and special funds, the City may consolidate moneys from individual funds to maximize interest earnings. Investment income will be allocated to the various funds based on each fund's participation. SECTION THREE: Jacksonville Municipal Code § 3.10.030 is hereby created and shall include the following: JMC § 3.10.030 DEFINITIONS Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSA) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal ORDINANCE NO. 1291 (#24 — 06) PAGE TWO agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and /or security. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and /or principal on a security. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his /her custodian. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same -day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds." Interest Rate Risk - The risk associated with declines or rises in interest rates which cause an investment in a fixed- income security to increase or decrease in value. Investment Company Act of 1940 Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. Investment Policy - A concise oncise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Liquidity - An asset that can be converted easily and quickly into cash. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average Maturity." ORDINANCE NO. 1291 (#24 — 06) PAGE THREE Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short -term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed- income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations; 2. Disseminate timely and accurate information regarding the fund's holdings, performance, management and general investment policy. 3. Have the fund's investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund's shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC - registered products licensed with a self - regulating organization (SRO) such as the National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus which is updated and fi led by the SEC annually. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Repurchase Agreement (repo or RP) - An agreement of a party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a - 7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90 -day average maturity on investments, to help maintain a constant net asset value of One Dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a fi nancial institution. Treasury Bills - Short-term U.S. government non - interest bearing debt securities with maturities of no longer than One year and issued in minimum denominations of Ten Thousand Dollars ($10,000.00). Auctions of Three (3) and Six (6) month ORDINANCE NO, 1291 (#24 — 06) PAGE FOUR bills are weekly, while auctions of One year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. ,. Treasury Notes - Intermediate U.S. government debt securities with maturities of One (1) to Ten (10) years and issued in denominations ranging from One Thousand Dollars ($1,000.00) to One Million Dollars ($1,000,000.00) or more. Treasury Bonds - Long -term U.S. government debt securities with maturities of Ten (10) years or longer and issued in minimum denominations of One Thousand Dollars ($1,000.00). SECTION FOUR: Jacksonville Municipal Code § 3.10.040 is hereby created and shall include the following: JMC § 3.10.040 DELEGATION OF AUTHORITY /RESPONSIBILITY A. Management of the investment of City funds regulated by this policy shall be the responsibility of the Mayor, the City Clerk/Treasurer, and the Finance Director. The Mayor, City Clerk/Treasurer, and /or the Finance Director may delegate authority for investment transactions. The Mayor, City Clerk/Treasurer, and /or the Finance Director may, by proper procurement procedures, contract for the services of an asset manager, an investment advisor, or other expert advisor(s) to invest all or a portion of the City funds regulated by this Policy. B. The Mayor, City Clerk/Treasurer, and the Finance Director and their designees are authorized to: open and close accounts with financial institutions in the name of the City; make wire transfers of funds for the City; make deposits of funds for the City; execute collateral, depository, and investment agreements for the City; and, take any other such actions needed to carry out their responsibilities for the depositing and investing of the City's funds as authorized by statutes and this Policy. C. The Mayor, the City Clerk/Treasurer, the Finance Director, and other City employees assigned to manage the investment portfolio, acting within the intent and scope of this Investment Policy, shall be relieved of personal responsibility for an individual security's credit risk or market risk. Officers and employees involved in the investment process shall refrain from personal business activities that conflict with proper execution of the investment program or impair their ability to make impartial investment decisions. D. The Mayor, City Clerk/Treasurer, and the Finance Director shall establish operating procedures to implement this Investment Policy. SECTION FIVE: Jacksonville Municipal Code § 3.10.050 is hereby created and shall include the following: JMC § 3.10.050 AUTHORIZED INVESTMENTS A. The City will invest only in book entry securities. B. The City may, without limitation, invest in the following instruments, provided, however, that at no time shall assets of the City be invested in any " instrument or security not authorized for investment by ACA § 14 -58 -309, ACA § 23 -47 -401, or by ACA § 19 -8 -301 et. seq., as they may from time to time be amended: ORDINANCE NO. 1291 (#24 — 06) PAGE FIVE 1. Direct obligations of the United States Government; 2. Obligations the principal and interest of which are fully secured, insured, or covered by commitments or agreements to purchase by the United States Government or an agency or instrumentality created by an act of the United States Congress and authorized thereby to issue such commitments or agreements; 3. Obligations the principal and interest of which are fully secured, insured, or covered by commitments or agreements to purchase by the United States Government or an agency or instrumentality created by an act of the United States Congress and authorized thereby to issue such commitments or agreements; 4. Pre - refunded municipal bonds, the principal and interest of which are fully secured by the principal and interest of a direct obligation of the United States Government; 5. Certificates of deposit with banks authorized by State law to receive deposits of public funds; 6. Repurchase agreements that are fully collateralized by direct obligations of the United States Government, provided that any such repurchase agreement shall provide for the taking of delivery of such collateral directly or through an authorized custodian; 7. Securities of, or other interest in, any open -end type investment company or investment trust registered under the Investment Company Act of 1940, and which is defined as a "money market fund" under 17 CFR 270.2a -7, provided that the portfolio of such investment company or investment trust is limited principally to United States Government obligations and, provided further that any such investment company or investment trust shall take delivery of such collateral either directly or through an authorized custodian; and, 8. Local Government Trusts C. Other Provisions 1. Any Arkansas state legislative action that provides for additional investment vehicles or further restricts investment vehicles will be incorporated into the City's Investment policy and will supersede any previous language. 2. The City will be allowed to hold to maturity any investments existing at the time of enactment of this policy. Reinvestment of such funds will be in accordance with this policy. 3. The Mayor and the Finance Director may set additional limitations on the parameters for various types and concentration of investments. Operating procedures will define requirements to implement this policy. SECTION SIX: Jacksonville Municipal Code § 3.10.060 is hereby created and shall include the following: JMC § 3.10.060 INVESTMENTS NOT AUTHORIZED The following investment vehicles, though authorized by ACA § 14 -58 -309, are not considered suitable investments for City funds: A. Warrants of political subdivision of the State of Arkansas and municipalities thereof having maturities not exceeding One (1) year; B. The sale of federal funds with a maturity of not more than One (1) business day; ORDINANCE NO. 1291 (#24 — 06) PAGE SIX C. Industrial development bonds for corporate obligors issued through any state of the United States or any political subdivision thereof; D. Revenue bond issues of any state of the United States or any municipality or any political subdivision thereof; E. Securities or other interests issued, assumed or guaranteed by the International Bank for Reconstruction and Development, the Inter - American Development Bank, the European Bank for Reconstruction and Development, the Asian Development Bank or the African Development Bank; or, F. Uninsured demand, savings, or time deposits or accounts of any depository institution chartered by the United States, any state of the United States, or the District of Columbia. SECTION SEVEN: Jacksonville Municipal Code § 3.10.070 is hereby created and shall include the following: JMC § 3.10.070 INVESTMENT PARAMETERS A. Diversification City investments regulated by this Policy shall be diversified by: 1. Limiting investments to avoid over concentration in securities from a specific issuer to Five Percent (5 %) of the cost basis of the City's portfolio at the time of purchase, a limit of Fifteen Percent (15 %) of the cost basis of the City's portfolio will apply to each business sector as defined by any recognized rating agency (excluding US Treasury securities and collateralized certificates of deposit); 2. Investing in securities with varying maturities; and, 3. Continuously investing a portion of the portfolio in readily available funds to ensure that appropriate liquidity is maintained. B. Maximum Maturities The City will attempt to match investment maturities with cash flow requirements and will utilize investments in readily available funds, when needed, to meet ongoing obligations. The City anticipates a range of maturities of Ninety (90) days to Five (5) years. The City will invest in securities maturing more than five years from the date of purchase only when the funds are easily defined to be used after Five (5) years. SECTION EIGHT: Jacksonville Municipal Code § 3.10.080 is hereby created and shall include the following: JMC § 3.10.080 SAFEKEEPING /COLLATERALIZATION A. Investment of City funds, including cash held for investment, managed under contract of services by an asset manager, investment advisor, or other expert advisor(s) will be placed with a third party custodian approved by the City. All trades, where applicable, will be executed by Delivery vs. Payment to ensure that securities are deposited in an eligible financial institution prior to the release of funds. B. The custodian will make reports as requested by the City or advisor(s) and will be accountable for the assets held by the custodian for the City's account. C. Collateralization will be maintained as required by State law and procedures established by the City. Demand deposits, time deposits, repurchase agreements, and any other investments requiring collateralization shall be 000x°' 71 ORDINANCE NO. 1291( #24 — 06) PAGE SEVEN collateralized at a level of One Hundred Two Percent (102 %) of the market value of principal and accrued interest, less the amount insured by the FDIC. SECTION NINE: All Ordinances or parts of Ordinances and Resolutions in conflict herewith are hereby repealed to the extent of said conflict. SECTION TEN: This Ordinance shall take effect from and after its date of passage pursuant to and by applicable law. APPROVED AND ADOPTED THIS 1 & DAY OF SEPTEMBER, 2006. CITY OF JACKSONVILLE, ARKANSAS t TOMMY SWAIM, AM YOR � � ATTEST: 7 _ AL • SUSAN %AVITT, CITY C ' RK k r APP:zn , 1 ASTO Fr;,.r; a�3 • At ,. /1 mot! \° 1 • ROBER E. BAM: RG, CITY ATT•' NEY