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HomeMy WebLinkAbout2008 10 27 Consent 201 Resolution 2008-51 Investment Of The City's Surplus FundsCOMMISSION AGENDA ITEM 201 October 27.2008 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular Mgr. / Dept. Authorization The City Manager and City Attorney request the City Commission consider Resolution 2008-51 memorializing the direction given by the City Commission on October 20, 2008 regarding the investment of the City's surplus funds. PURPOSE: This Agenda Item is being presented to memorialize the investment policy direction given by the City Commission at the special meeting on October 20, 2008. APPLICABLE LAW: Section 218.415, Florida Statutes. CONSIDERATIONS: 1. The City Commission held a special meeting on October 20, 2008 to discuss and provide direction regarding the City's investment of surplus funds. 2. Due to the ongoing situation involving the SBA Fund and the current economic crisis affecting the world's financial markets, the City Commission directed that additional temporary steps be taken to safeguard the principal and liquidity of the City's surplus funds and to seek the assistance of new financial adviser. 3. The City Commission's directive is memorialized in the attached Resolution. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION OCTOBER 27, 2008 CONSENT ITEM 201 PAGE 2 OF 2 4. City surplus funds shall be invested and reinvested in accordance with the terms and conditions of the Resolution until the City Commission directs otherwise. ATTACHMENT: Resolution 2008-51. RECOMMENDATION: The City Manager and City Attorney recommend the City Commission consider the Resolution and approve or modify the Resolution as the City Commission deems appropriate. RESOLUTION 2008-51 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA REGARDING THE INVESTMENT OF THE CITY'S SURPLUS FUNDS; PROVIDING A TEMPORARY INVESTMENT POLICY DUE TO THE STATUS OF THE SBA FUND AND THE CURRENT ECONOMIC CRISIS; AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO IMPLEMENT THIS TEMPORARY INVESTMENT POLICY IN ACCORDANCE WITH THIS RESOLUTION UNTIL THE CITY COMMISSION DIRECTS OTHERWISE; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, on or about November 29, 2007, the State of Florida suspended withdrawals from a State Board of Administration investment fund ("SBA Fund") due to the financial instability of the SBA Fund; and WHEREAS, like many cities, counties, and school districts, the City of Winter Springs had surplus funds deposited with the SBA Fund which is an authorized investment under Section 218.415, Fla. Stat., for units of local government in Florida; and WHEREAS, due to this emergency situation, the City Commission held several emergency, special, and regular meetings to address the SBA Fund situation; and WHEREAS, on December 10, 2007, upon recommendation of the City's financial consultant, Bogdahn Consulting, LLC (Bogdahn), and the City Manager, the City Commission directed the City Manager to work with Bogdahn to liquidate the City's surplus funds on deposit with the SBA Fund (as the SBA Fund permitted) and to temporarily deposit said liquidated surplus funds into one of three U.S. Treasury money market funds recommended by Bogdahn; and WHEREAS, since that time, the City's surplus funds have been deposited into The Reserve, U.S. Treasury Fund Institutional Class (The Reserve), which according to the fund's prospectus invests exclusively in securities backed by the full faith and credit of the U.S. government; and WHEREAS, in recent months, it has become evident to economists and governments around the world that there is currently a world economic crisis which has severely impacted the world's financial markets; and WHEREAS, because of the current economic crisis, the City Commission desires to take additional temporary steps to safeguard the principal and liquidity of the City's surplus funds by directly purchasing U.S. Treasury securities; and WHEREAS, the investment in direct securities of the U.S. Treasury is an authorized investment under Section 218.41 S, Fla. Stat., for units of local government in Florida; and WHEREAS, it is the intent of the City Commission of Winter Springs to continue to place the highest priority on the safety of principal and liquidity of the City's surplus funds; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION 1. Direct U.S. Treasury Obligations. Untii further direction of the City Commission, all City surplus funds shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury as follows: (a) The City Manager shall notify The Reserve that the City intends to withdraw its deposits in the middle of December 2008. Until the withdrawal date, any existing deposits at The Reserve shall remain in The Reserve. Upon withdrawal, however, the deposits shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury if said deposits are surplus funds or deposited in the City's interest bearing checking account if said funds are needed for operational purposes. (b) The City Manager shall continue to withdraw deposits from the SBA Fund when permitted by the SBA Fund. Upon withdrawal, the deposits shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury if said deposits are surplus funds or deposited in the City's interest bearing checking account if said funds are needed for operational purposes. (c) Any new surplus funds not deposited in the SBA Fund or The Reserve shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury. SECTION 2. lmplementatlon. Under the terms and conditions of the City's current Investment Policy, the City Manager shall develop strategies to implement the directives set forth in Section 1 of this Resolution including, but not limited to, making appropriate transactional and custodial arrangements for directly investing and reinvesting in U.S. Treasury obligations. The City Manager, Finance Director, or other authorized City representatives are authorized to execute such applications and other documents as are required to invest and reinvest surplus funds in direct negotiable obligations of the U.S. Treasury. SECTION 3. RFP For A New Financial Adviser. The City Manager is hereby directed to prepare and publish a Request for Proposals (RFP) for the City to retain the services of a new financial adviser. Said RFP shall be published to the general public within thirty (30) days of the effective date of this Resolution. SECTION 4. Conflicts. The provisions set forth in this Resolution shalt take precedence over any conflicting prior City resolution or policy adopted by the City Commission. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 27`s day of October 2008. CITY OF WINTER SPRINGS, FLORIDA JOHN BUSH, MAYOR ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for The City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney RESOLUTION 2008-S1 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA REGARDING THE INVESTMENT OF THE CITY'S SURPLUS FUNDS; PROVIDING A TEMPORARY INVESTMENT POLICY DUE TO THE STATUS OF THE SBA FUND AND THE CURRENT ECONOMIC CRISIS; AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO IMPLEMENT THIS TEMPORARY INVESTMENT POLICY IN ACCORDANCE WITH THIS RESOLUTION UNTIL THE CITY COMMISSION DIRECTS OTHERWISE; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, on or about November 29, 2007, the State of Florida suspended withdrawals from a State Board of Administration investment fund ("SBA Fund") due to the financial instability of the SBA Fund; and WHEREAS, like many cities, counties, and school districts, the City of Winter Springs had surplus funds deposited with the SBA Fund which is an authorized investment under Section 218.415, Fla. Stat., for units of local government in Florida; and WHEREAS, due to this emergency situation, the City Commission held several emergency, special, and regular meetings to address the SBA Fund situation; and WHEREAS, on December 10, 2007, upon recommendation of the City's financial consultant, Bogdahn Consulting, LLC (Bogdahn), and the City Manager, the City Commission directed the City Manager to work with Bogdahn to liquidate the City's surplus funds on deposit with the SBA Fund (as the SBA Fund permitted) and to temporarily deposit said liquidated surplus funds into one of three U.S. Treasury money market funds recommended by Bogdahn; and WHEREAS, since that time, the City's surplus funds have been deposited into The Reserve, U. S. Treasury Fund Institutional Class (The Reserve), which according to the fund's prospectus invests exclusively in securities backed by the full faith and credit of the U.S. government; and WHEREAS, in recent months, it has become evident to economists and governments around the world that there is currently a world economic crisis which has severely impacted the world's financial markets; and WHEREAS, because of the current economic crisis, the City Commission desires to take additional temporary steps to safeguard the principal and liquidity of the City's surplus funds by directly purchasing U.S. Treasury securities; and WHEREAS, the investment in direct securities of the U.S. Treasury is an authorized investment under Section 218.415, Fla. Stat., for units of local government in Florida; and WHEREAS, it is the intent of the City Commission of Winter Springs to continue to place the highest priority on the safety of principal and liquidity of the City's surplus funds; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION 1. Direct U.S. Treasury Obligations. Until further direction of the City Commission, all City surplus funds shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury as follows: (a) The City Manager shall notify The Reserve that the City intends to promptly withdraw its deposits as soon as the City Manager completes a custodial contract for holding the direct negotiable obligations of the U.S. Treasury or as needed for operational purposes, whichever occurs first. Until the withdrawal date, any existing deposits at The Reserve shall remain in The Reserve. Upon withdrawal, however, the deposits shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury if said deposits are surplus funds or deposited in the City's interest bearing checking account if said funds are needed for operational purposes. (b) The City Manager shall continue to withdraw deposits from the SBA Fund when permitted by the SBA Fund. Upon withdrawal, the deposits shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury if said deposits are surplus funds or deposited in the City's interest bearing checking account if said funds are needed for operational purposes. (c) Any new surplus funds not deposited in the SBA Fund or The Reserve shall be invested and reinvested in direct negotiable obligations of the U.S. Treasury. SECTION 2. Implementation. Under the terms and conditions of the City's current Investment Policy, the City Manager shall develop strategies to implement the directives set forth in Section 1 of this Resolution including, but not limited to, making appropriate transactional and custodial arrangements for directly investing and reinvesting in U.S. Treasury obligations. The City Manager, Finance Director, or other authorized City representatives are authorized to execute such applications and other documents as are required to invest and reinvest surplus funds in direct negotiable obligations of the U.S. Treasury. SECTION 3. RFP For A New Financial Adviser. The City Manager is hereby directed to prepare and publish a Request for Proposals (RFP) for the City to retain the services of a new financial adviser. Said RFP shall be published to the general public within thirty (30) days of the effective date of this Resolution. SECTION 4. Conflicts. The provisions set forth in this Resolution shall take precedence over any conflicting prior City resolution or policy adopted by the City Commission. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 27`" day of October 2008. Y OF WINTER SPRINGS, FLORIDA 7'~ F. BUSH, MAYOR ATTEST: u' YJ ~ ~~~~~ NWI ~ ~~ CI~h/ L~~ ~Q,l' A DREA LORENZO-LUACE , Ci Cler Approved to legal form and sufficiency for The C' of inter Springs only: ANTHONY A. GARGANESE, City Attorney