[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 3-8-1988. Amendments noted where applicable.]
The objectives of this chapter are to minimize risk; to ensure that investments mature when the cash is required to finance operation; and to ensure a competitive rate of return.
In accordance with this chapter, the Supervisor or his deputy are hereby authorized to invest all funds, including proceeds of obligations and reserve funds in:
Certificates of deposit issued by a bank or trust company authorized to do business in New York State;
Time deposit accounts in a bank or trust company authorized to do business in New York State;
Obligations of New York State;
Obligations of the United States Government;
In repurchase agreements involving the purchase and sale of direct obligations of the United States.
All funds, except reserve funds, may be invested in:
All other town officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts or other authorized interest-bearing accounts.
All investments made pursuant to this chapter shall comply with the following conditions:
Certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies, the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Town of East Bloomfield or a custodial bank with which the Town of East Bloomfield has entered into a custodial agreement. The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than annually, and "market value" shall mean the bid or closing price as quoted in the Wall Street Journal or as quoted by another recognized pricing service.
Securities purchased through a repurchase agreement shall be valued to market at least monthly.
Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States and obligations of federal agencies the principal and interest of which are guaranteed by the United States Government.
Repurchase agreements. Every repurchase agreement shall provide for payment to the seller only upon the seller's delivery of obligations of the United States to the custodial bank designated by the Town of East Bloomfield or, in the case of a book-entry transaction, when the obligations of the United States are credited to the custodian's Federal Reserve Bank account. The seller shall not be entitled to substitute securities. Repurchase agreements shall be for periods of 30 days or less. The custodial bank shall confirm all transactions, in writing, to ensure that the Town of East Bloomfield's ownership of the securities is properly reflected on the records of the custodial bank.
Payment shall be made by or on behalf of the Town of East Bloomfield for obligations of New York State, obligations the principal and interest of which are guaranteed by the United States, United States obligations, certificates of deposit and other purchased securities upon the delivery thereof to the custodial bank or, in the case of a book-entry transaction, when the purchased securities are credited to the custodial bank's Federal Reserve System account. All transactions shall be confirmed, in writing.
Written contracts are required for repurchase agreements, certificates of deposit and custodial undertakings. With respect to the purchase of obligations of United States, New York State or other governmental entities, etc., in which moneys may be invested, the interests of the Town of East Bloomfield will be adequately protected by conditioning payment on the physical delivery of purchased securities to the Town of East Bloomfield or the custodian or, in the case of book-entry transactions, on the crediting of purchased securities to the custodian's Federal Reserve System account. All purchases will be confirmed, in writing, to the Town of East Bloomfield. It is therefore the policy of the Town of East Bloomfield to require written contracts as follows:
Written contracts shall be required for all repurchase agreements. Only credit worthy banks and primary reporting dealers shall be qualified to enter into a repurchase agreement with the Town of East Bloomfield. The written contract shall provide that only obligations of the United States may be purchased, and the Town of East Bloomfield shall make payment upon delivery of the securities or the appropriate book-entry of the purchased securities. No specific repurchase agreement shall be entered into unless a master repurchase agreement has been executed between the Town of East Bloomfield and the trading partners. While the term of the master repurchase agreement may be for a reasonable length of time, a specific repurchase agreement shall not exceed 30 days.
Written contracts shall be required for the purchase of all certificates of deposit.
A written contract shall be required with the custodial bank.
The Chase Manhattan Bank, N.A., chartered by the State of New York, is designated to act as custodial bank of the Town of East Bloomfield's investments. However, securities may not be purchased through a repurchase agreement with the custodial bank.
All trading partners must be credit worthy. Their financial statements must be reviewed at least annually by the chief fiscal officer to determine satisfactory financial strength or the chief fiscal officer may use credit rating agencies to determine credit worthiness of trading partners. Concentration of investments in financial institutions should be avoided. The general rule is not to place more than $1,000,000 in overnight investments with any one institution.
Investments in time deposits and certificates of deposit are to be made with banks or trust companies. Their annual reports must be reviewed by the chief fiscal officer to determine satisfactory financial strength.
When purchasing eligible securities the seller shall be required to deliver the securities to the custodial bank.
Repurchase agreements shall be entered into only with banks or trust companies or registered and primary reporting dealers in government securities. Sound credit judgments must be made with respect to trading partners in repurchase agreements. It is not assumed that inclusion on a list of the Federal Reserve is automatically adequate evidence of credit worthiness.
Repurchase agreements should not be entered into with undercapitalized trading firms.
A margin of 5% or higher of the market value of purchased securities in repurchase agreements must be maintained.
The Town of East Bloomfield Supervisor or the Deputy Supervisor shall authorize the purchase and sale of all securities and execute contracts for repurchase agreements and certificates of deposit on behalf of the Town of East Bloomfield. Oral directions concerning the purchase or sale of securities shall be confirmed, in writing. The Town of East Bloomfield shall pay for purchased securities upon the delivery or book-entry thereof.
The Town of East Bloomfield will encourage the purchase and sale of securities and certificates of deposit through a competitive or negotiated process involving telephone solicitation of at least two bids for each transaction.
At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town of East Bloomfield, the independent auditors shall audit the investments for compliance with the provisions of this chapter.
Within 60 days of the end of the fiscal year, the chief fiscal officer shall prepare and submit to the Town Board of the Town of East Bloomfield an annual investment report which indicates new investments, the inventory of existing investments, the investment income record and such other matters as the Supervisor deems appropriate.