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HomeMy WebLinkAbout1994- 6 Amending the Investment Policy Set Forth in Chapter 3.52 of the Vail Municipal Code.. - , ~ ~ ORDINANCE NO. 6 SERIES OF 1994 AN ORDINANCE AMENDING THE INVESTMENT POLICY SET FORTH IN CHAPTER 3.52 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL. WHEREAS, the Vail Town Council adopts the required investment policy for the Tvwn of Vail which represents the financial boundaries within which the Town's cash management process. wiH operate; and WHEREAS, it has became necessary to update and amend that financial policy. NOW, THEREI=ORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT THE FOLLOWING AMENDMENTS WILL BE MADE TO CHAPTER 3.52 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL: Section 1 That Section 3.52.040 Delega#ion of Authority be amended to read as follows: Section 3.52.040 Delegation of Authority Management responsibility for the investment program is held by the Town Manager and appointed designees. No employee may engage in an investmen# transaction except as provided under the terms of this policy and any procedures which may be established by the Town Manager. The Town Manager shall review the monthly investment report (see Section 3.52.140). It shall be the duty of the Finance Controller or his/her appointed designee to manage the day~to-day operations of the portfolio, and place actual purchase/sell orders with institutions. fn the absence of the controller, the Finance Director shall assume these duties. Management of a portion of the portfolio and placing of buy/sell orders for a portion of the portfolio may be delegated to an independent investment manager designated by the Town Council. The transactions of any selected independent investment manager will be subject to the Town's investment policy and will be reviewed and verified by the Finance Department. The authority for the investment philosophy and selection of investment managers for the Town of Vail Employee Pension Plan and the Town of Vail Police and Fire Employees Pension Pian shat! be the responsibility of the Pension Plan Trustee as defined in the pension plan document. {Ord.22{1989} IV:Ord.34(1988}:Ord 17(1987).} 5ectivn 2 That Section 3.52.110 Maturity Scheduling be amended to read as follows: Section 3.52.110 Maturity Scheduling Investment maturities for operating funds shall be scheduled to coincide with projected 1 Ordinance No. 6, Series of 7994 ~ `~ *~ ~ cash flow needs, taking into account large routine expenditures (payroll, bond payments} as welt as considering sizeable blocks of anticipated revenue {sales tax, property tax). The period from the date of purchase of a security to its maturity date will be five {5} years or less except for transactions initiated by an appointed independent investment manager, or if authorized by the Town Council. (Ord.22{1989} XI:Qrd.34(1988}:Ord.17{1987}.} Section 3 That Section 3.52.120 Qualified Institutions and Broker/Dealers be amended to read as follows: Section 3.52.120 Qualified institutions and Broker/Dealers Qualified banks -can only be commercial banks and the town`s investment with the bank may be in excess of one hundred thousand dollars ($100,D0.00}. The town's fiinance controller shall obtain and review whatever documents are necessary to verify the bank's continued stability including, the monthly listing of securities pledged for collaterafization to monitor the bank's collateralization of Town deposits. t Nan-qualified banks -can be either commercial banks or savings and loans or savings banks and the town's investment with the bank is or will not be in excess of one hundred thousand dollars ($1 DO,OO.DO}. The finance controller shall inquire with bank officials andlor review and independent bank evaluation to determine that the banks meet the standard selection criteria established by the investment committee. The Town shall select a primary bank, the bank the Town uses to process daily deposits and checks, at the discretion of the Investmont Committee every three (3} to flue {5} years. A formal request for proposal should be used in the selection process. A fermaf-~ques#--fer proposal-.ahnuld be us~d_in t_h~.aelection-process. Securities dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. Brokerldeafers which are not primary dealers may be used if they have been approved by the investment committee. The investment committee shall develop and document the methodology for qualifying non-primary brokerldealers. (Ord.22{1989) XII:Qrd.34(1988}:Ord.17{1987).} Section 4 That Section 3.52130 Investment Committee be amended to read as follows: Section 3.52.130 Investment Committee There is hereby created an investment committee, consisting of the Town Manager, Finance Director, and the Finance Controller. Members of the committee will meet at least 2 Ordinance No. 6, Series o1 1994 1 quarterly to determine general strategies and to monitor results. Minutes of the decisions made by the investment committee shall be kept on file in the Town Clerk's office. The committee shalt include in its review and deliberations such topics as: potential risks, authorized depositories, rate of return, maturity structure, and investment transactions. {Ord.22{1989) XIIi:Ord.34(1988}:Ord.17{1987).} Section 5 That Section 3.52.140 Regartina Requirements be amended to read as follows: Section 3.52.140 Resaartina Reauirements The Finance Controller will submit a monthly investment report which discloses investments on the last day of each month. This report will be distributed to the Town Manager, Town Council members, and the Finance Director. The Finance Controller will present at least annually the investment report to the Town Council. {Ord.22(1989) XiV:~rd.34(1988}:Ord.17(1987}.) Section 6 That Section 3,52.170 Policv Review be amended to read as follows: Section 3.52.170 Policv Review The investment policy shall be reviewed annually by the investment committee. A recommendation will be made annually to the Town Council for any proposed changes to the investment policy. {Ord.22(1989} XVlil.} Section 7 if any part, section, subsection, sentence, clause ar phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid. Section 8 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 9 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty impaled, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the 3 Ordinance No. 8, Series o[ 1994 ~, ~ ~ provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10 All bylaws, orders, resolutions, and ordinances, or parts thereof, Inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereo#, theretofore repeated. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ist day of March, 1994, and a public hearing shall be held on this Ordinance on the 15th day of March, 1994, at 7:3Q p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. MargaretsA. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 15th day of March, 1994. Margret A. Osterfoss, Mayor '" ATTEST: of `~~C.~-~ch.~-• Holly L.. McCutcheon, Town Clerk C:lOFi094.6 4 Ordinance No. 6, Sages of 1994