ORDER iVO. ":, l~~ flF~F'ROVAL Of= REVISED INVESTMENT F~OLICY On this the 9+,h day of December 1996, ~..ipon motion made by J~_~dge Robert ~. Denson, seconded by Gommissi.ol~er~ Lackey, the Gn~_~r~t ~~nanimo~~sly approved by a vote of S-Q~-@, the revised investment policy and install an rovestment committee to consist of the Co~_~nty J~_~dge, Ga~_inty ~~_~ditor and tt-~e Ga~_tnty Tre~~s~.-r~er. REVISED INVESTMENT POLICY FOR THE COUNTY OF KERR KERRVILLE, TEXAS DECEMBER 09, 1996 TABLE OF CONTENTS I. INVESTMENT SCOPE .............................. 1 II. INVESTMENT OBJECTIVE .......................... 2 III. REJSPONSIBILITY AND CONTROL ................... 4 IV. INVESTMENT REPORTING .......................... 6 V. INVESTMENT INSTITUTIONS ....................... 7 VI. COLLATERAL AND SAFEKEEPING .................... 8 VII. INVESTMENT TYPES .............................. 9 VIII. TEXAS PUBLIC FUNDS INVESTMENT CERTIFICATION...12 I. INVESTMENT SCOPE GENERAL STATEMENT This investment policy applies to the investment activities of the County of Kerr, Kerrville, Texas. This policy serves to satisfy the statutory requirements of Texas Government Code Sections 2256.004 and 2256.052, to define and adopt a formal investment policy. FUNDS INCLUDED All financial assets of all funds of the County of Kerr, Kerrville, Texas, at the present time and any funds to be created in the future and any other funds held in custody by the County Treasurer shall be administered in accordance with the provisions of these policies, unless expressly prohibited by law or unless it is in contravention of any depository contract between Kerr County and any depository bank. -1- II. INVESTMENT OBJECTIVES SAFETY Kerr County is concerned about therefore, safety of principal investment transaction. the return of its principal; is a primary objective in any LIAUIDITY The countys' investment portfolio must be structured in a manner which will provide the liquidity necessary to pay obligations as they became due. DIVERSIFICATION The portfolio of the county shall be diversified to eliminate the risk of loss resulting from one concentration of assets in a specific maturity, a specific issuer or a specific class of investments. Investments of the county shall always be selected that provide for stability of income and reasonable liquidity. YIELD It is the objective of county to earn the maximum rate of return allowed on its investments within the policies imposed by its safety and liquidity objectives and state and federal law governing investment of public funds. MATURITY Portfolio maturities will be staggered in a way to achieve the highest return of interest but at the same time provide for the necessary liquidity to meet the cash needs of the county. ACTIVE PORTFOLIO MANAGEMENT The county intends to pursue an active versus a passive portfolio management philosophy. Securities may be sold or exchanged before they mature if market conditions present an opportunity for the county to benefit from the trade. Under this investment policy, all investments will be made with the intent of pursuing, at the time of purchase, the best rate of return on securities held until maturity, and not with intent of speculative trading. -2- QUALITY AND CAPABILITY OF INVESTMENT MANAGEMENT It is the policy of the county to provide periodic training in investments for the County Treasurer through courses and seminars offered by professional organizations and associations in order to insure the quality and capability for the County Treasurer in making investment decisions and in order to comply with Chapter 2256.008 of the Government Code. INVESTMENT STRATEGIES In accordance with the Public Funds Investment Act, Section 2256.005. a separate written investment strategy will be developed for Kerr Countys' control. -3- III. INVESTMENT RESPONSIBILITY AHD CONTROL INVESTMENT DELEGATE OF THE COUNTY Pursuant to Texas Local Government Code Section 116.112, the County Treasurer, under the direction of the Kerr County Commissioners' Court, is authorized to withdraw any funds deposited in a county depository that are not immediately required to pay obligations of the county and invest those funds as provided by this order unless such an investment is contrary to the terms of the depository contract. INVESTMENT COMMITTEE The Commissioners' Court may appoint a committee to advise the Court and the Treasurer on investment policy. The County Treasurer will serve as the Chairperson of the Kerr County Investment Committee. The Committee, or the Treasurer in the event that no committee is appointed, will adhere to the following procedures: On a quarterly basis, a member of the committee will inform the Commissioners' Court on the countys' investment posture. Annually, the investment policy will be re-affirmed or updated for the Court. 1. In making such reports and recommendations to the Court, the Committee shall be governed by the following guidelines: 2. Investing by the County Treasurer is not to be viewed as a profit center, but rather, as the timely return of capital; 3. The County Treasurer will purchase securities only from brokers who meet the following requirements: a. Approval by the Committee or by the Commissioners Court in the event that no committee is appointed. b. Those who have had a background check conducted by the National Association of Securities Dealer, which has been provided to, and approved by, the Committee or the Court in the event a committee is not appointed. c. Those who have signed the Texas Public Funds Investment Certification. PRUDENCE County investments shall be made not for speculation, but rather with the exercise of due care, caution, and good judgement, considering the safety of capital, liquidity, as well as the probable income to be earned. -4- LIABILITY OF TREASURER In accordance with Section 113.005, Local Government Code, the County Treasurer is not responsible for any loss of the county funds through the failure or negligence of a depository. This section does not release the treasurer from responsibility for a loss resulting from the official misconduct or negligence of the Treasurer, including a misappropriation of the funds, or from responsibility for funds until a depository•is selected and the funds are deposited. STATEMENT OF DISCLOSURE If the County Treasurer or any member of the Committee has a personal business relationship with any entity or is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the county, such person shall file a statement disclosing that personal business interest or relationship with the Texas Ethics Commission and the Commissioners Court in accordance with Government Code 2256.005 (i). AUDIT CONTROL The Kerr County Treasurer will establish liaison with the Kerr County Auditor in preparing investment forms to assist the County Auditor for accounting and auditing control. SUBJECT TO AUDIT The Kerr County Treasurer is subject to audit by the Auditor. In addition, it is the policy of Kerr County Court, at a minimum, to have an audit of all county independent auditing firm as required by law. The Treasurer and the countys' investment procedures shall the audit and any special audits as required. Kerr County Commissioners' funds by an Kerr County be subject to -5- IV. INVESTMENT REPORTING AUARTERLY REPORTING The Kerr County Treasurer, in its quarterly reporting of the cash fund balances of •the county to the Commissioners' Court and to the County Auditor, will report the amount and type of investments for each county fund. ANNUAL REPORT The Kerr County Treasurer will conform to Government Code Title 10, Chapter 2256 and prepare a written yearly report concerning the countys' local funds investment transactions for the preceding year and describing in detail the investment position of the county as of the date of the report. NOTIFICATION OF INVESTMENT CHANGES It shall be the duty of the Treasurer of Kerr County, Texas and the Investment Committee, to notify the Kerr County Commissioners' Court of any significant changes in current investment methods and procedures prior to their implementation. -6- V. INVESTMENT INSTITUTIONS INVESTMENT INSTITUTIONS DEFINED The Kerr County Treasurer shall invest county funds with any or all of the following institutions or groups consistent with federal and state law and the ourrent depository bank contract: 1. Depository bank; 2. Other state or national banks domiciled in Texas that are insured by the Federal Deposit Insurance Corporation; 3. Brokers or dealers of United State government securities, l icensed under the Texas Securities Act and approved by the County Investment Committee or the Court in the event a Committee is not appointed; 4. Savings and loan associations domiciled in Texas that are insured by FSLIC (or its successor); 5. Public funds investment pool. -7- VI. INVESTMENT COLLATERAL AND SAFEKEEPING COLLATERAL OR INSURANCE The Kerr County Treasurer shall insure that all county funds are fully collateralized or insured consistent with federal and state law and the current Bank Depository Contract in one or more of the following manners: 1. FDIC insurance coverage; 2. Obligations of the United States or its agencies and instrumentalities; 3. Direct obligations of the State of Texas or its agencies; 4. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or its agencies and instrumentalities 5. Obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or its equivalent; or 6. Any other manner allowed by law. SAFEKEEPING All purchased securities shall be held in safekeeping by the county, or a county account in a third party financial institution, or with a Federal Reserve Bank. All certificates of deposit, insured by FDIC, purchased outside the Depository Bank shall be held in safekeeping by either the county or county account in a third party financial institution. All pledged securities by the Depository Bank shall be held in safekeeping by the county, or a county account in a third party financial institution, or with a Federal Reserve Bank. DELIVERY VS. PAYMENT It is the policy of the county that all Treasury Bills, Notes, Bonds, and Government Agencies' securities shall be purchased using the "delivery vs. payment" (DVP) method through the Federal Reserve System. By so doing, county funds are not to be released until the county has received, through the Federal Reserve wire, the securities purchased. -8- VII. INVESTMENT TYPES AUTHORIZED The Kerr County Treasurer shall use any or all of the following authorized investment instruments consistent with governing law. 1. Obligations of the United States or its agencies and instrumentalities. 2. Direct obligations of this state or its agencies and instrumentalities. 3. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities. 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. 5. Certificates of deposit if issued by a state or national bank domiciled in this state or a savings and loan association domiciled in this state and is: a. guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; b. secured by obligations that are described by Section 2256.009 (a) of the Public Funds Investment Act; and c. secured in any other manner and amount provided by law for deposits of the county. 6. A fully collateralized repurchase agreement, as defined in the Public Funds Investment Act, if it: a. has a defined termination date; b. is secured by obligations described by Section 2256.009(a)(1) of the Public Funds Investment Act; and c. requires the securities being purchased by the county to be pledged to the county, held in the countys' name, and deposited at the time the investment is made with the county or with a third party selected and approved by the county; and d. is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. Notwithstanding any law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. Money received by a county under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. -9- 7. Commercial paper is an authorized investment under this chapter if the commercial paper: a. has a stated maturity of 270 days or fewer from the date of its issuance; and b. is rated not less than A-1 or P-1 or an equivalent rating by at least, two nationally recognized credit rating agencies or one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. 8. Mutual funds and money market mutual funds with limitations described below: A no-load money market mutual fund is authorized if it: a. is regulated by the Securities and Exchange Commission; b. has a dollar-weighted average stated maturity of 90 days or fewer; and c. includes in its investment objectives the maintenance of a stable net asset value of S1 for each share. A no-load mutual fund is authorized if it: a. is registered with the Securities and Exchange Commission; b. has an average weighted maturity of less than two years; c. is invested exclusively in obligations approved by this subchapter; d. is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and e. conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. Relative to mutual funds and money market mutual funds, the county may not: a. invest in the aggregate more than 80 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in money market mutual funds or mutual funds, either separately or collectively; b. invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds; c. invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds; or d. invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual or money market mutual fund in an amount that exceeds 10 percent of the total assets of the mutual funds or money market mutual funds. 9. Eligible investment pools if the Commissioners' Court by resolution authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by the Public Funds Investment Act, A county by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. -10- PROHIBITED ~'he Kerr County Treasurer has no authority to use the following investment instruments which are strictly prohibited by the Public Funds Investment Act: 1. Obligations whose payments represent the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; 3. Collateralized mortgage obligations the interest rate of which is determined by an index that adjust opposite to the changes in a market index. It is the policy of Kerr County not to invest in the following investment instruments which are likely to cause investment risk: 1. Any and all collateralized mortgage obligations; 2. Bankers' acceptances; 3. Corporate bonds; 4. Eurodollar floating rate/fixed rate notes; 5. Farmers home administration insured notes; 6. Small business administration debentures and pools; 7. Stripped mortgage-backed securities; 8. Strips ( U. S. Treasury) ; and 9. Student loan marketing association discount notes. -il- VIII. TEXAS PUBLIC FUNDS INVESTMENT CERTIFICATION In accordance with Texas Government Code 2256.005(k?, I certify that all relevant sales personnel dealing with the Kerr County account have thoroughly reviewed and read the investment policies, strategies and objectives o~f Kerr County as well as Chapter 2256, Texas Government Code, and agree to abide by said laws and policies. I further certify that my organization has implemented reasonable procedures and controls designed to preclude imprudent investment activities arising out of transactions conducted between our organization and Kerr County. We will notify you immediately by telephone and in writing in the event of a material adverse change in our financial condition. We pledge to exercise due diligence in informing you of all foreseeable risks associated with financial transactions conducted with our firm. Business Organization Signature Representative Signature Principal I have provided Kerr Countys' Texas Public Funds Investment agreement on file. Signature Kerr County Treasurer policies, Act to ands -12- Date Date strategies and a copy of pledge to maintain Date the _o f this COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbara NemP(`. MEETING DATE: December 09 ,. 1996 SUBJECT: (PLEASE BE SPECIFIC) _ OFFICE: Treasurer TIME PREFERRED: A . M . Consider and discuss revised TnyPStrriPnt Pelic.3i EXECUITVE SESSION REQUESTED: (PLEASE STATE REASON) ES'TIlVIATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: 10 min Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5. Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contn~bute towards you request being addressed at the earliest opportunity. See Agenda 5:00 P.M. previous Tuesday. Request Rules Adopted by Commissioners' Court. Order No. 23758 approval of Revised Investment Po]_icv December 9, 1996 Vol. U pa 835