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FY2006-06 Amending Public Finance - BudgetM n WHEREAS, the list of allowed investments could be more clearlydeftne ;+a WHEREAS, collateral is not available on all investment types, o certificates of deposit; and WHEREAS, because the principal amount of the used for daily operations, investments can be hel value; and WHEREAS, generally, over a Ion government securities; and WHEREAS, because of G ledger even though it NOW, THER BOROUGH Sec Sections: 3.04.010 3.04.015 3.04.020 3.04.021 3.04.022 3.04.023 3.04.026 3.04.027 3.04.030 3.04.040 3.04.050 3.04.051 KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -06 Introduced by Manager Gifford Requested by Assembly Drafted by Finance Director Introduced: 02/16/2006 Failed to Advance to PH: 02/16/2006 Reconsidered: 03/02/2006 Public Hearing: 04/06/2006 Postponed Indefinitely 04/06/2006 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.04 PUBLIC FINANCE— BUDGET SECTION 3.04.020 PERMISSIBLE INVESTMENTS SECTION 3.04.022 COLLATERAL REQUIREMENTS SECTION 3.04.051 FACILITIES FUND BY CHANGING THE TYPES OF INSTRUMENTS THE BOROUGH CAN INVEST IN AN CHANGING THE INVESTMENTS ALLOWED IN THE FACILITIES FUN WHEREAS, the Borough Code pertaining to investments has become date hts and cilities Fund is not have larger swings in cks) show a greater return than e,of't:orough investments change on our general ife of an investment; BY THE ASSEMBLY OF THE KODIAK ISLAND an ``"` of a general and permanent nature and shall become a part of the nd Borough Code of Ordinances. Revenue and finance Chapter 3.04 Public Finance — Management and ounting Section 3.04.020 Permissible investments is hereby amended as follows: Chapter 3.04 PUBLIC FINANCE— MANAGEMENT AND ACCOUNTING General treasury management. Authority. Permissible investments. Terms defined. Collateral requirements. Collateral safekeeping. Diversification of investments. Investment records. Deposit of school money. Basis of accounting. Funds. Facilities fund. Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 1 of 5 3.04.052 Education fund. 3.04.053 Fern Fuller fund. 3.04.056 Land sale fund. 3.04.056 Penalties. 3.04.057 General fixed assets. 3.04.060 Distribution of funds. 3.04.065 Review of service fees. 3.04.070 Post audit. 3.04.020 Permissible investments. The treasurer shall invest money only in the following types of security instruments: A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; B. Bonds and other evidence of indebtedness of the state of Alaska, or any municipality, or political subdivision of the state of Alaska; C. Savings accounts, certificates of deposit, banker's acceptances, r- ase agreements, and such other legal security instruments; or D. The Alaska Municipal League Investment Pool, Inc. made in accordance' of that Pool's "Common Investment Agreement ". Section 3: Title 3 Revenue and finance Chapter 3.04 Pub 1 Accounting Section 3.04.022 Collateral require 3.04.022 Collateral requirements. CD's over $100 e • 'P : +'°5 + 1 � j a3 �8 at 102 %. Ali A. Stato and municipal v- ojoct notes other 100% of markot (Ord. 82 15 O(A) (p, ;. and as follows: Section 4: Title 3 Revenue and finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.051 Facilities fund is herebyamended as follows: 3.04.051 Facilities Fund. A. The facilities fund is established as a separate investment fund which is distinct from the general land solo fund and all other funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole and subject to the regulations of the facilities fund. Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 2 of 5 B. investment purpose of the Facilities Fund is growth through prudent investment of fund assets. Notwithstanding the objectives of the Borough policy for the investment of its operating and other funds set out in 3.04.020, the investment of the Facilities Fund assets shall be made to maintain safety of principal while maximizing total return. Investments shall be diversified to minimize the risk of loss resulting from a concentration of investments in a specific maturity, issuer, class of security, financial institution or, with respect to equity investments, in a specific company industry or investment sector. Fund assets may be invested in the instruments and securities set out in the following: 1, United States Treasury obligations including bills, notes, bonds, and other debt obligations issued by the United States Treasury, and backed by the full faith and credit of the U.S. Government. 2. Securities issued or guaranteed by agencies and instrumentalities of the U.S. Government but not explicitly backed by the full faith and credit of the U.S. Govern ent. 3. Securities issued or guaranteed by municipalities in the United States,,red one of the three highest rating categories by nationally recognized statistical ratin o at anti tion (NRSRO). �� 4. Corporate debt securities rated investment grade. 5. Asset - Backed securities rated investment grade. 6. Yankee debt (that is, U.S. dollar denominated obligatig ns is markets by foreign issuers) rated investment grade. +� f \ 7. Mortgage-Backed Securities (MBS) and Collat comprising. Agency MBS investments issued by Fedei Loan Mortgage Corporation, or the Govern' e CMO investments securitized� Association, Federal Home Loa Mortgage Association• providecljtlJat class CMO's or type I plann'edtarrid 8. Money market m tuMt which comply it e) ) e`.' (a) securities• ar 9 n`� an ETF4 'F If d Whi is designed to replicate the Standard and Poor's 500 Index or d Funds) with the same purpose. stments. The Borough ma have all or •art of the Facilities Fund 0 UST Agencies Bonds BA's Repo's CD's Mutual Funds AMLIP ernal money managers. Minimum Requirements BBB A A A age +`corpo on, or the Governmental National (ssible ,GMO investments include only sequential laf' CMO's. aced by the Securities and Exchange Commission e underlying portfolio consists of investment grade League Investment Pool Inc. Allowable Percentage of Issuer 5% CD's over $100,000 must be collateralized at 102% Mutual Funds must meet all of the above requirements. ed\in'the y capital ( 313ligations (CMO) sociation, Federal Home qe Association. Federal National Mortgage er. Maximum Percentage of portfolio 100% 0 - 100% 100% 0 - 100% 10% 0 - 25% 2% 0 - 25% 0 - 25% 5% 0- 10% 10 - 25% 0- 50% Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 3 of 5 The 2. By Finance Director or designee: The finance director or designee can invest in any of the above except for mutual funds. D. The following are prohibited transactions: 1. Purchase of non - dollar securities. 2. Purchase of private placement securities. 3. Short sale of securities (the sale and settlement of a security not currently owned and a formal agreement to borrow the security to facilitate the settlement of the short sale) 4. Purchases of futures, forwards or options. 5. Borrowing to leverage the return on investments. Extended settlement of securities purchases executed to facilitate or improve the efficiency of a transaction will not be considered borrowing, provided that sufficient cash equivalent securities or receivables are available to facilitate the extended settlement. In the event a security currently held in the portfolio is downgraded below investment a ade the money manager shall provide written notification to the Finance Director and in writing a recommended course of action. The fund may not be appropriated or spent, except as provided in this segti earnings or principle shall at no time run or supplement the running of gamer as specified in this section. a. ... •.. DE.The excess income of the fund is d investr4Sent income from the fund. The exc by the assembly in the fiscal year f excess income of the fund may 1. maintenance and 2. insurance pa 3. upgrade 4. debt (50) percent €F. A ordin e da s •rior to fiscal ear end the Assembl will ado •t a resolution to ow much of the Facilities Fund will be managed by external monev managers. Se ° `•n of money managers. If the Assembly desires the services of a money manager, jte Finance Director will prepare an RFP to solicit proposals from different monev managers to manage a portion or all of the investments of the Facilities Fund. The Borough There shall be a committee consisting of the Borough Finance Director. a Borough staff member appointed by the Manager, and an Assembly member appointed by the Mayor to will evaluate the various proposals and make a recommendation to the Assembly through the Borough Manager. Money managers must meet the following minimum criteria: 1. Be a bank, insurance company, investment management company, or investment adviser as defined by the Registered Investment Advisers Act of 1940. 2. Provide historical quarterly performance numbers calculated on a time - weighted basis, based on a composite of all fully discretionary accounts of similar investments style, and reported net and gross of fees. Kodiak Island Borough, Alaska ercent of the annual available for appropriation the income is earned. The following purposes: acilities, or gh buildings, ng facilities, or n bonds issued for facilities construction - -uP to fifty _r this purpose. .:; be appropriated for another purpose only upon approval of an o- thirds (2/3) majority of the qualified voters at a regular or special Ordinance No. FY2006 -06 Page 4 of 5 3. Provide detailed information on the history of the firm, key personnel, key clients,. fee schedule, and support personnel. This information can be a copy of a recent Request for Proposal (RFP) completed by the money manager. 4. Clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time. Selected firms shall have no outstanding legal judgments or past judgments, which may reflect negatively upon the firm. I. Duties and responsibilities of the money manager. The duties and responsibilities of each money manager retained by the Borough include the following: 1. Managing the Borough assets under its care, custody and /or control in accordance with the objectives and guidelines set forth herein. 2. Exercising investment discretion (including holding cash equivalents as an alternative) within the objectives and guidelines set forth herein. 3. Promptly informing the Borough through the Finance Director in writing regardt q all significant and /or material matters and changes pertaining to the invesdfi of Borough assets, including but not limited to: a. Investment strategy b. Portfolio structure c. Tactical approaches d. Ownership e. Organizational structure f. Financial condition g. Professional staff h. Recommendations for •ui i. All legal material, SEC an firm. 4. Promptly voting all pro term interests anc,:ot shall keep deta'lei AI comply wp h 5. Utilize, the • ATTEST: proceedings affecting the c 'bn a manner consistent with the long- ti }h set forth herein. The money manager votfq of proxies and related actions and will s related thereto. P''•dence and due diligence under the circumstances investment .rofessionals actin• in a like ca.acit ar t" such matters would use in like activities for like Borough and ds with like aims in accordance and compliance with all applicable a' regulations from local, state, federal and international political ertains to fiduciar duties and res.onsibilities. ledge and agree in writing to their fiduciary responsibility to fully comply all of the objectives and guidelines set forth herein, and as modified in the future. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 5 of 5