AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

Transcription

1 CITY OF BAYTOWN NOTICE OF MEETING BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT REGULAR MEETING TUESDAY, JANUARY 10, :30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM 1. MINUTES a. Consider approving the minutes of the Crime Control and Prevention District Regular Meeting held on October 11, PROPOSED RESOLUTIONS a. Consider a resolution authorizing the Agreement for Patrol Officers, Vehicles and Equipment with the City of Baytown. b. Consider a resolution approving the Baytown Crime Control and Prevention District's (CCPD) Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act. 3. REPORTS a. Presentation of the CCPD Hot Spot and Commercial Vehicle Enforcement (CVE) statistical report. b. Receive the Baytown Crime Control and Prevention District s Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2016.

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3 BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT Meeting Date: 01/10/2017 CCPD Minutes for October 11, 2016 Prepared For: Leticia Brysch, City Clerk's Office Prepared By: Alisha Segovia, City Clerk's Office 1. a. Information ITEM Consider approving the minutes of the Crime Control and Prevention District Regular Meeting held on October 11, PREFACE Consider approving the minutes of the Crime Control and Prevention District Regular Meeting held on October 11, RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. October 11, 2016 CCPD Minutes Attachments

4 D R A F T MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT October 11, 2016 The Board of Directors of the Baytown Crime Control and Prevention District (CCPD) met in a Regular Meeting on Tuesday, October 11, 2016, at 4:30 P.M., in the Baytown Conference Room of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Rikki Wheeler Samuel Barker James Coker Randall Strong Chris Warford Rick Davis Mike Garner Alisha Segovia President Director Director Director Director General Manager General Counsel Deputy Secretary President Wheeler convened the October 11, 2016, Crime Control and Prevention District (CCPD) Board Regular Meeting with a quorum present at 4:30 P.M., all members were present with the exception of Director Chris Navarre who was absent. 1. MINUTES a. Consider approving the minutes of the Crime Control and Prevention District Regular Meeting held on July 12, A motion was made by Director Dr. Chris L. Warford and seconded by Director James Coker approving the July 12, 2016, CCPD Board Regular Meeting minutes. The vote was as follows: Ayes: Director Samuel Barker, Director James Coker, Director Dr. Chris L. Warford, President Rikki Wheeler, Director Randall B. Strong Nays: None Other: Directors Chris Navarre and Porter Flewellen (Absent) Approved b. Consider approving the minutes of the Baytown Crime Control and Prevention District Special Meeting held on August 09, 2016.

5 CCPD Board Regular Meeting Minutes October 11, 2016 Page 2 of 5 A motion was made by Director Samuel Barker and seconded by Director Dr. Chris L. Warford approving the August 09, 2016, CCPD Board Special Meeting minutes. The vote was as follows: Ayes: Director Samuel Barker, Director James Coker, Director Dr. Chris L. Warford, President Rikki Wheeler, Director Randall B. Strong Nays: None Other: Directors Chris Navarre and Porter Flewellen (Absent) Approved 2. PROPOSED RESOLUTIONS a. Consider a resolution amending the Baytown Crime Control Prevention District's Fiscal Year budget in order to reprogram $50,000 from fund balance to Machinery & Equipment ( ) to purchase 110 body cameras, related equipment, and a three-year local storage plan. General Manager Davis presented the agenda item and stated that Resolution No. 49 amends the Baytown Crime Control Prevention District's Fiscal Year budget in order to reprogram $50,000 from fund balance to Machinery & Equipment ( ) to purchase 110 body cameras, related equipment, and a three-year local storage plan which will be the most modern technology. Police Chief, Keith Dougherty noted that the newer version of the body cameras has a better quality of night vision and stated that there's a grant whereas the city will be reimbursed 80% of cost which will be used for future warranty, storage, and other items associated with the body cameras. Director Strong inquired of the details of the storage costs. Chief Dougherty stated that the storage cost is included with the Coban System that's inside of the vehicles. A motion was made by Director Samuel Barker and seconded by Director James Coker approving Resolution No. 49. The vote was as follows: Ayes: Director Samuel Barker, Director James Coker, Director Dr. Chris L. Warford, President Rikki Wheeler, Director Randall B. Strong Nays: None Other: Directors Chris Navarre and Porter Flewellen (Absent) Approved

6 CCPD Board Regular Meeting Minutes October 11, 2016 Page 3 of 5 RESOLUTION NO. 49 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AMENDING THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT S FISCAL YEAR BUDGET IN ORDER TO REPROGRAM FUNDS FROM FUND BALANCE TO MACHINERY & EQUIPMENT FOR THE PURCHASE OF ONE HUNDRED TEN (110) BODY CAMERAS, RELATED EQUIPMENT, AND A THREE-YEAR LOCAL STORAGE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The agenda was taken out of order and agenda item 4.a. was considered. 4.a. Presentation of the CCPD Hot Spot and Commercial Vehicle Enforcement (CVE) statistical report. Chief Dougherty presented the CCPD Hot Spot and Commercial Vehicle Enforcement (CVE) statistical reports. He stated that the Hot Spot team had 406 hours of various trainings; assisted officers with other projects to include code enforcement; had 352 arrests; issued 1,003 citations; answered 1,057 calls; made 1,064 traffic stops; made 1,646 pedestrian contacts; had 20 DWI arrests; and filed 1,075 charges. With regards to the CVE statistical report, Chief Dougherty stated that Officer Woolcock had 12 Level One inspections, 122 Level Two inspections, 6 hazardous material load inspections, put 151 vehicles out of service for violations, issued 15 out of service violations to drivers, issued 135 CVE citations for violations, issued 438 CVE warnings for violations, issued one (1) CVSA safety decal, and issued 30 weight-related citations and 43 weight-related warnings. He stated that Officer Slot had 9 Level One inspections, 80 Level Two inspections, 8 hazardous material load inspections, put 69 vehicles out of service for violations, issued 66 CVE citations for violations, issued 193 CVE warnings for violations, issued 3 CVSA safety decals, and issued 10 weight-related citations and 21 weight-related warnings. Additionally, Chief Dougherty presented an activity statistical report for FY 2016 that included CCPD only and CVE overall. He stated that the stats for CCPD only were 82 Level One inspections, 814 Level Two inspections, 51 hazardous material load inspections, 911 out of service - vehicles, 35 out of service violations - driver, 808 CVE citations issued for violations, 2,457 CVE warnings issued for violations, 18 CVSA safety decals issued, 132 weight-related citations issued and 186 weight-related warnings. He further stated that the CVR overall stats were 206 Level One inspections, 1,188 Level Two inspections, 114 hazardous material load inspections, 1,269 out of service violations - vehicles, 60 out of service violations - drivers, 1,315 CVE citations issued for violations, 3,735 CVE warnings issued for violations, 74 CVSA safety decals issued, 282 weight-related citations issued, and 408 weight-related issued. Chief Dougherty noted that the officers also work with some of the surrounding area agencies on special projects. He stated that as traffic being a big concern from the citizens of the community, officers are being dedicated to areas where there is such concern to encourage people to follow

7 CCPD Board Regular Meeting Minutes October 11, 2016 Page 4 of 5 the traffic laws. He further noted that at the beginning of the year 2017, all officers should be equipped with electronic ticket writer capability. The agenda was returned to order and agenda item 3.a. was considered. 3. BUSINESS ITEMS a. Consider setting the time, date and location of the Baytown Crime Control and Prevention District Meetings for the 2017 Calendar year. President Wheeler presented the agenda item and stated that the 2017 CCPD meetings are recommended as follows: Tuesday, January 10, 2017 Tuesday, April 11, 2017, Tuesday, June 13, 2017, Tuesday, July 11, 2017, and Tuesday, October 10, 2017 A motion was made by Director Dr. Chris L. Warford and seconded by Director Samuel Barker approving the CCPD Board meetings for the 2017 calendar year as presented with the exception of the meeting date change from June 14, 2017 to June 13, The vote was as follows: Ayes: Director Samuel Barker, Director James Coker, Director Dr. Chris L. Warford, President Rikki Wheeler, Director Randall B. Strong Nays: None Other: Directors Chris Navarre and Porter Flewellen (Absent) Approved President Wheeler recommended that agenda items 4.b. and 4.c. be considered together. 4. REPORTS b. Receive the Baytown Crime Control and Prevention District's (CCPD) Revenue and Expenditure Report for the Quarter Ending September 30, c. Receive the Baytown Crime Control and Prevention District's (CCPD) Quarterly Investment Report for the Quarter Ending September 30, Finance Director, Wade Nickerson presented the CCPD's Revenue and Expenditure Report and Quarterly Investment Report for the Quarter Ending September 30, He stated that the numbers reported were preliminary. With regards to the revenues, he stated that the collections

8 CCPD Board Regular Meeting Minutes October 11, 2016 Page 5 of 5 were 170% over budgeted projections, which included the sales tax collections coming in at 3.65% more than expected. Mr. Nickerson stated with regards to the expenditures that all lines items were under budget. He noted that $52,000 of the capital outlay line is from the approval from the CCPD Board to spend some fund balance from last year that was not utilized. Mr. Nickerson stated that at the end of the year, the portfolio had $284,218 with an earning interest rate of.3648% and interest earning of $ President Wheeler noted that the meeting scheduled for June 2017 should actually be for the date of 13th instead of the 14th as listed. 5. MANAGER'S REPORT a. The next Baytown Crime Control and Prevention District meeting is scheduled for Tuesday, January 10, 2017, at 4:30 P.M., in the Baytown City Council Chamber, 2401 Market Street, Baytown, Texas General Manager Davis presented the agenda item and stated that the next Baytown Crime Control and Prevention District meeting is scheduled for Tuesday, January 10, 2017, at 4:30 P.M., in the Baytown City Council Chamber, 2401 Market Street, Baytown, Texas ADJOURN A motion was made by Director Samuel Barker and seconded by Director Dr. Chris L. Warford adjourning the October 11, 2016, CCPD Board Regular meeting. The vote was as follows: Ayes: Director Samuel Barker, Director James Coker, Director Dr. Chris L. Warford, President Rikki Wheeler, Director Randall B. Strong Nays: None Other: Directors Chris Navarre and Porter Flewellen (Absent) Approved With there being no further business to discuss, President Wheeler adjourned the October 11, 2016, Crime Control and Prevention District (CCPD) Board Regular Meeting at 5:00 P.M. Leticia Brysch, Secretary City of Baytown

9 BAYTOWN CRIME CONTROL AND 2. a. PREVENTION DISTRICT Meeting Date: 01/10/2017 Subject: Consider Authorizing the Agreement for Patrol Officers, Vehicles and Equipment with the City of Baytown Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal Information ITEM Consider a resolution authorizing the Agreement for Patrol Officers, Vehicles and Equipment with the City of Baytown. PREFACE This proposed resolution authorizes the Agreement for Patrol Officers, Vehicles and Equipment with the City of Baytown. Pursuant to the Agreement, the City will be responsible for managing various programs of the Baytown Crime Control and Prevention District ("CCPD"), including public safety operations, supplies, equipment, and vehicles. As part of the public safety operations, CCPD provides funds for the City's continued employment of 14 patrol officers and one sergeant. Two of the patrol officer positions are assigned to DOT enforcement and the remaining 12 patrol officers make up the Hot Spot Team. The sergeant s position provides supervision and coordination of the activities of the team in the field. Under this agreement, the total sworn officers funded by CCPD will remain at 15. Also, as in the prior contract, the proposed agreement also allows for a reimbursement to the City for a portion of the costs incurred by the City in administering the programs of the CCPD. This agreement is similar to the previous agreement, to which the entities agreed in 2006 and 2011, and shall continue for a period of five years, which is the period for which the CCPD was continued by the voters in RECOMMENDATION Staff recommends approval. Resolution - Interlocal for Officers Exhibit A - Interlocal for Officers Attachments

10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AUTHORIZING AND DIRECTING THE PRESIDENT TO EXECUTE AND THE SECRETARY TO ATTEST TO AN INTERLOCAL AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT WITH THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT: Section 1: That the Board of Directors of the Baytown Crime Control and Prevention District hereby authorizes and directs the President to execute and the Secretary to attest to an Agreement for Patrol Officers, Vehicles and Equipment with the City of Baytown. A copy of such agreement is attached hereto as Exhibit A and is incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Crime Control and Prevention District. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Crime Control and Prevention District this the 10 th day of January, ATTEST: RIKKI WHEELER, President LETICIA BRYSCH, Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., General Counsel \\cobfs01\legal\karen\files\city Council\Crime Control & Prevention District\Resolutions\2017\January\Interlocal4Officers.doc

11 Exhibit "A" AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT STATE OF TEXAS COUNTY OF HARRIS This Agreement for Patrol Officers, Vehicles and Equipment (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT, a crime control and prevention district created under Chapter 363 of the Texas Local Government Code, as amended, (the Act ) and located in Harris and Chambers Counties, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to fight crime and enhance public safety throughout the City. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Programs. The City, with the assistance of the District as herein specified, agrees to develop, organize and manage the following programs, including entering into and administering all contracts incident thereto: a) Public Safety Operations. This program will maintain the employment of fourteen (14) patrol officers and one (1) sergeant. b) Supplies. This program will maintain the uniforms and body armor vests for those officers referenced in Section 2(a). c) Motor Vehicles. This program shall also provide resources necessary to procure fullsize police vehicles necessitated by the public safety operations specified hereinabove. d) Machinery and Equipment. This program will make available mobile data terminals for the Police Department, which will enable the officers to efficiently communicate Agreement for Patrol Officers, Vehicles and Equipment, Page 1

12 and to readily obtain and provide information. This program will also make available other machinery and equipment needed by the Police Department to further the District s crime control and crime prevention strategies. e) Administration. This program will provide reimbursement for a portion of the costs incurred by the City in administering the crime control and prevention programs. Persons holding any of the positions referenced hereinabove, which are funded, in part, by the District s programs mentioned hereinabove shall be employees of the City; and, therefore, subject to the City s personnel policies and procedures and entitled to the benefits offered by the City to other similarly situated employees, as determined by the City in its sole discretion. As such, the City shall be responsible for the supervision and control of such employees. Section 3. Program Reports. The City shall prepare and submit to the District within 30 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this contract during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of the District s programs listed in Section 2, the District shall provide the funds to the City for the actual costs of such programs for each year of the Agreement. Expenditures will be budgeted on an annual basis and the District shall be responsible for the actual program costs. Unless otherwise provided, all payments required to be made herein shall be payable on or before 30 days after the District receives the sales and use tax levied pursuant to the provisions of the Act from the State comptroller. While the District receives such funds from the State on a quarterly basis, the District s obligations under this Agreement are on a yearly basis. As such, any funds received by the District during an agreement year and/or any prior year shall be applied to the actual expenses incurred during each year, regardless of when they are received. The City understands and agrees that the District's obligation for payment under this Agreement shall at no time exceed the amount of sales and use tax revenue received by the District in any agreement year. If adequate funds are not received, the District shall have the obligation to pay the revenues actually received and the City shall be obligated to expend only to the extent that such revenues cover the programs enumerated hereinabove. Section 5. Term. This Agreement shall be effective for a period commencing on April 1, 2016, and ending five years after the date the District first levies taxes for District purposes as authorized pursuant to its Agreement for Patrol Officers, Vehicles and Equipment, Page 2

13 continuation election held on November 3, 2015, unless sooner terminated by either party hereto pursuant to the terms hereof or unless the District is dissolved prior to such time. Section 6. Termination for Cause. A party may terminate its performance under this contract only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this contract as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated. This Agreement shall not be subject to termination for convenience. Section 7. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 8. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Section 9. Parties in Interest. This contract shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Agreement for Patrol Officers, Vehicles and Equipment, Page 3

14 Section 10. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 11. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 12. Choice of Law; Venue. This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas. Section 13. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Crime Control and Prevention District Attn: President, Board of Directors P.O. Box 424 Baytown, TX Fax: (281) Agreement for Patrol Officers, Vehicles and Equipment, Page 4

15 City City of Baytown Attn: City Manager P. O. Box 424 Baytown, Texas Fax: (281) Section 14. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 15. Ambiguities. In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 16. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 17. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 18. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written prior consent of the District. Agreement for Patrol Officers, Vehicles and Equipment, Page 5

16 Section 19. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 20. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original. CITY OF BAYTOWN BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT STEPHEN H. DONCARLOS, Mayor ATTEST: RIKKI WHEELER, President ATTEST: LETICIA BRYSCH, City Clerk LETICIA BRYSCH, Secretary \\cobfs01\legal\karen\files\city Council\Crime Control & Prevention District\Contracts\2016\Agreement4Officers.doc Agreement for Patrol Officers, Vehicles and Equipment, Page 6

17 BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT Meeting Date: 01/10/2017 Consider the Approval of the Baytown CCPD Investment Policy and Strategy Statement. Prepared For: Wade Nickerson, Finance Prepared By: Suzi Tallent, Finance 2. b. Information ITEM Consider a resolution approving the Baytown Crime Control and Prevention District's (CCPD) Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act. PREFACE This proposed resolution approves the Baytown Crime Control and Prevention District's (CCPD) Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act, Section (e).the proposed changes to the Investment Policy include amending authorized broker/dealers. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Resolution - CCPD Investment Policy Exhibit A - CCPD Investment Policy Attachments

18 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT ADOPTING THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT S INVESTMENT POLICY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT: Section 1: That the Board of Directors of the Baytown Crime Control and Prevention District hereby acknowledges that it has reviewed the investment policy and investment strategies and that the written instrument adopted in Section 2 hereof records any changes made to either the investment policy or investment strategies. Section 2: That the Board of Directors of the Baytown Crime Control and Prevention District hereby adopts its investment policy, including the investment strategies therein, which is attached hereto as Exhibit A and incorporated herein for all intents and purposes. Section 3: That the Board of Directors of the Baytown Crime Control and Prevention District hereby designates those individuals named in Exhibit A of the Investment Policy as the investment officials of the Baytown Crime Control and Prevention District who are responsible for the investment of the District s funds consistent with the Investment Policy adopted pursuant to Section 2 of this resolution. Section 4: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Crime Control and Prevention District. INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the Baytown Crime Control and Prevention District this the 10 th day of January, ATTEST: RIKKI WHEELER, President LETICIA BRYSCH, Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., General Counsel \\cobfs01\legal\karen\files\city Council\Crime Control & Prevention District\Resolutions\2017\January\AdoptInvestmentPolicy.doc

19 Exhibit "A" CRIME CONTROL & PREVENTION DISTRICT (CCPD) BAYTOWN, TEXAS INVESTMENT POLICY Revised 01/10/17

20 Baytown Crime Control & Prevention District Investment Policy Table of Contents I. Policy 1 II. Scope 1 III. General Objectives A. Safety 1 B. Liquidity 2 C. Yield 2 IV. Standards of Care A. Prudence 2 B. Ethics and Conflicts of Interest 3 C. Delegation of Authority 3 D. Training 3 V. Safekeeping and Custody A. Authorized Financial Dealers and Institutions 3-4 B. Internal Controls 4 C. Delivery vs. Payment 4 VI. Suitable and Authorized Investments A. Eligible Investments 5-13 B. Collateralization 13 C. Existing Investments 13 VII. Investment Parameters A. Diversification 13 B. Maximum Maturities 13 VIII. Investment Strategies IX. Reporting A. Methods 14 B. Performance Standards 14 C. Marking to Market 14 EXHIBITS A - Authorized Investment Officers 15 B - Statement of Ethics and Conflicts of Interest 16 C Approved Broker/Dealers, Financial Institutions and Investment Pools 17 D Certification by Business Organization 18 E Investment Strategy 19-20

21 Baytown Crime Control Prevention District Investment Policy Baytown Crime Control & Prevention District Investment Policy I. Policy It is the policy of the Baytown Crime Control & Prevention District (the CCPD ) to administer and invest its funds in a manner that will preserve principal and maintain liquidity while meeting the daily cash flow requirements of the CCPD. The CCPD will conform to all federal, state and local statutes rules and regulations governing the investment of the CCPD s funds. The CCPD s policy is to hold investments to maturity, however, securities may be sold in order to minimize the potential loss of principal on a security whose credit quality has declined; to swap into another security which would improve the quality, yield or target duration of the portfolio; or to meet unanticipated liquidity needs of the portfolio. Not less than annually, the CCPD Board shall adopt a written instrument by resolution stating that it has reviewed the Investment Policy and Investment Strategies and that the written instrument so adopted shall record any changes made to the Investment Policy or Investment Strategies. II. Scope This Investment Policy applies to all the investment activities of the CCPD. These funds are accounted for in the CCPD s Annual Financial Report and include all financial assets of all funds managed for CCPD by the City of Baytown, including but not limited to tax revenues, charges for services, bond proceeds, and interest income. III. General Objectives The primary objectives, in priority order, of the CCPD s investment activities shall be safety, liquidity, and yield: A. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to minimize credit risk and interest rate risk. 1. Credit Risk The CCPD will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: (a) limiting investments to the safest types of securities; (b) pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the CCPD will do business; and 1

22 Baytown Crime Control Prevention District Investment Policy (c) diversifying the investment portfolio so that potential losses on individual securities will be minimized 2. Interest Rate Risk The CCPD will minimize the risk that the market value of securities in the portfolio will fail due to changes in general interest rates, by: (a) Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and (b) Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools B. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since all possible cash demands cannot be anticipated, the portfolio shall consist largely of securities with active secondary or resale markets. A portion of the portfolio also may be placed in money market mutual funds or local government investment pools that offer same-day liquidity for short-term funds. C. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1. A security with declining credit may be sold early to minimize loss of principal; and 2. To swap into another security which would improve the quality, yield or target duration of the portfolio; and 3. Liquidity needs of the portfolio require that the security be sold IV. Standards of Care A. Prudence The standard of care to be used by investment officers shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. 2

23 Baytown Crime Control Prevention District Investment Policy Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. B. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or that could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose to the CCPD and the Texas Ethics Commission any material financial interests in financial institutions that conduct business with the CCPD. They shall further file a disclosure statement with the Texas Ethics Commission and the CCPD that includes any large personal financial/investment positions that could be related to the performance of the investment portfolio. See Exhibit B. C. Delegation of Authority City employees authorized to engage in investment transactions and authorized as Investment Officers are the Director of Finance, the Treasurer, and the Financial Analyst. Management responsibility for CCPD's investment program is assigned to the Director of Finance. This authority is derived from the Local Government Code Chapter 363. Responsibility for the operation of the investment program is hereby delegated to the Director of Finance, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this Investment Policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. (See Exhibit A) No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance. The Director of Finance shall be responsible for all transactions undertaken and shall establish a system of controls to regulate activities of subordinate officers. D. Training Investment Officers shall attend at least one investment training session within 12 months after taking office or assuming investment duties, and shall attend investment training not less than once annually, beginning on the first day of the CCPD s fiscal year and consisting of one (1) consecutive fiscal year after that date, and receive not less than 10 hours of instruction relating to investment responsibilities. The CCPD shall provide the training through courses and seminars offered by professional organizations and associations in order to ensure the quality and capability of the CCPD s investment personnel making investment decisions in compliance with Public Funds Investment Act (PFIA). Professional organizations and associations that may provide investment training include the Government Treasurer s Organization of Texas, the University of North Texas, the Government Finance Officers Association of Texas, or the Texas Municipal League. 3

24 Baytown Crime Control Prevention District Investment Policy V. Financial Institutions, Broker/Dealers, Safekeeping and Custody A. Authorized Financial Dealers and Institutions Investment Officers will maintain a list of financial institutions and security broker/dealers authorized to provide investment services (Exhibit C). These may include "primary" dealers or regional dealers. No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Investment Officer with the following as appropriate: 1. Audited financial statements 2. Proof of Financial Industry Regulatory Authority (FINRA) certification 3. Proof of state registration 4. Completed broker/dealer questionnaire (Exhibit D) 5. Certification by a qualified representative of the firm that the firm has a) received and reviewed the CCPD s Investment Policy and b) has implemented reasonable procedures and controls in an effort to preclude investment transactions that are not authorized by the CCPD s Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the CCPD s entire portfolio or requires an interpretation of subjective investment standards. The CCPD Board shall at least annually review and/or revise and adopt a list of qualified brokers that are authorized to engage in investment transactions with the CCPD. B. Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the CCPD are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: 1. Control of collusion 2. Separation of transaction authority from accounting and record keeping 3. Custodial safekeeping 4. Avoidance of physical delivery securities 5. Clear delegation of authority to subordinate staff members 6. Written confirmation of transactions for investments and wire transfers 7. Development of a wire transfer agreement with the lead bank and third party custodian 4

25 Baytown Crime Control Prevention District Investment Policy C. Delivery vs. Payment All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities and collateral will be held in the CCPD s name by a third-party custodian as evidenced by safekeeping receipts. VI. Investments A. Eligible Investments Assets of the CCPD may be invested in the following instruments described below. All of these investments are authorized by Chapter 2256 of the Government Code (Public Funds Investment Act). An investment that requires a minimum rating under this section does not qualify as an authorized investment during the period the investment does not have the minimum rating. In order to monitor rating changes in investments acquired with public funds, Investment Officers shall, on at least a monthly basis, verify the ratings of investments currently held by the CCPD with either the authorized broker/dealer from which the investment was purchased, or a broker/dealer currently authorized to engage in investment transactions with the CCPD. As a condition of engaging in investment transactions with the CCPD, brokers/dealers shall, when requested by the CCPD s Investment Officer(s), provide said Investment Officer(s) with written verification of the ratings of investments currently owned by the CCPD. The CCPD shall take all prudent measures consistent with this Investment Policy to liquidate an investment that does not have the minimum rating. 1. Obligations of, or Guaranteed by Governmental Entities (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (i) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (ii) direct obligations of this state or its agencies and instrumentalities; (iii) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (iv) 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, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; 5

26 Baytown Crime Control Prevention District Investment Policy (v) 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; and (b) The following are not authorized investments under this section: (i) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (ii) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; (iii) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (iv) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. 2. Certificates of Deposit and Share Certificates A certificate of deposit is an authorized investment under this subchapter if the certificate is issued by a state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or federal credit union domiciled in this state and is: (i) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (ii) secured by obligations that are described by Section 1(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 1(b); or (iii) secured in any other manner and amount provided by law for deposits of the investing entity. 3. Repurchase Agreements (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (i) has a defined termination date; 6

27 Baytown Crime Control Prevention District Investment Policy (ii) is secured by a combination of cash and obligations described by Section 1(a)(i); and (iii) requires the securities being purchased by the CCPD or cash held by the CCPD to be pledged to the CCPD, held in the CCPD's name, and deposited at the time the investment is made with the CCPD or with a third party selected and approved by the CCPD; and (iv) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 1(a)(i), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity 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. 4. Banker's Acceptances A bankers' acceptance is an authorized investment under this policy if the bankers' acceptance: (i) has a stated maturity of 270 days or fewer from the date of its issuance; (ii) will be, in accordance with its terms, liquidated in full at maturity; (iii) is eligible for collateral for borrowing from a Federal Reserve Bank; and (iv) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. 7

28 Baytown Crime Control Prevention District Investment Policy 5. Commercial Paper Commercial paper is an authorized investment under this policy if the commercial paper: 6. Mutual Funds i. has a stated maturity of 270 days or fewer from the date of its issuance; and ii. is rated not less than A-1 or P-1 or an equivalent rating by at least: 1. two nationally recognized credit rating agencies; or 2. 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. (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (i) is registered with and regulated by the Securities and Exchange Commission; (ii) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a- 1 et seq.); (iii) has a dollar-weighted average stated maturity of 90 days or fewer; and (iv) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (i) is registered with the Securities and Exchange Commission; (ii) has an average weighted maturity of less than two years; (iii) is invested exclusively in obligations approved by this subchapter; (iv) 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 8

29 Baytown Crime Control Prevention District Investment Policy (v) conforms to the requirements set forth in Sections 5(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) The CCPD is not authorized by this section to: (i) 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 described in Subsection (b); (ii) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (iii) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. 7. Guaranteed Investment Contracts (a) A collateralized guaranteed investment contract is an authorized investment for bond proceeds under this policy if the guaranteed investment contract: (i) has a defined termination date; (ii) is secured by direct and unsubordinated obligations described by Section (a)(1) of the Act, excluding those obligations described by Section (b) of the Act, in an amount at least equal to the amount of bond proceeds invested under the contract; and (iii) is pledged to the CCPD and deposited with the CCPD or with a third party selected and approved by the CCPD. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this policy in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (i) the CCPD Board must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (ii) the CCPD must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; 9

30 Baytown Crime Control Prevention District Investment Policy (iii) the CCPD must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (iv) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (v) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. 8. Investment Pools (a) The CCPD may invest its funds and funds under its control through an eligible investment pool if the CCPD Board by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with Subchapter A of the Texas Government Code, Chapter 2256 and the investment policies and objectives adopted by the investment pool. (b) To be eligible to receive funds from and invest funds on behalf of the CCPD under this section, an investment pool must furnish to the Investment Officer or other authorized representative of the CCPD an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (i) the types of investments in which money is allowed to be invested; (ii) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (iii) the maximum stated maturity date any investment security within the portfolio has; (iv) the objectives of the pool; (v) the size of the pool; (vi) the names of the members of the advisory board of the pool and the dates their terms expire; (vii) the custodian bank that will safekeep the pool's assets; (viii) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; 10

31 Baytown Crime Control Prevention District Investment Policy (ix) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (x) the name and address of the independent auditor of the pool; (xi) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (xii) the performance history of the pool, including yield, average dollarweighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of the CCPD under this section, an investment pool must furnish to the Investment Officer or other authorized representative of the CCPD: (i) investment transaction confirmations; and (ii) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool, including a statement regarding how yield is calculated; 11

32 Baytown Crime Control Prevention District Investment Policy (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) The CCPD by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of the CCPD under this section, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between and In addition to the requirements of its Investment Policy and any other forms of reporting, a public funds investment pool created to function as a money market mutual fund shall report yield to its investors in accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds. (g) To be eligible to receive funds from and invest funds on behalf of the CCPD under this section, a public funds investment pool must have an advisory board composed: (i) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (ii) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of the CCPD under this section, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. (i) If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b), (c)(2), and (f) of Texas Government Code Chapter 2256, Subchapter A, Section must be posted on the website. 12

33 Baytown Crime Control Prevention District Investment Policy (j) To maintain eligibility to receive funds from and invest funds on behalf of the CCPD, an investment pool must make available to the CCPD an annual audited financial statement of the investment pool in which the CCPD has funds invested. (k) If an investment pool offers fee breakpoints based on fund balances invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested. B. Collateralization Collateralization will be required on three types of investments: certificates of deposit, repurchase (and reverse repurchase) agreements and guaranteed investment contracts (GICs). In order to anticipate market changes and provide a level of security for all funds, the Collateralization level will be one hundred two percent (102%) of market value of principal and accrued interest. Likewise, all time and demand deposits in excess of FDIC or NCUA insurance levels shall be collateralized to a minimum of 102% of principal and accrued interest. The depository shall be responsible for maintaining collateralization margins. Collateral will be held in the City of Baytown s name (for the CCPD) by an independent third party with whom the City of Baytown (for the CCPD) has a current custodial agreement approved by the Council and executed under the terms of FIRREA (Financial Institutions Reform, Recovery, and Enforcement Act) as amended. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the CCPD and retained. The right of collateral substitution is granted, subsequent to the review and approval of an authorized City of Baytown Investment Officer. C. Existing Investments Any investment currently held that does not meet the guidelines of this policy, but were authorized investments at the time of purchase, is not required to be liquidated. VII. Investment Parameters A. Diversification The investments shall be diversified by security type and institution. With the exception of U.S. Treasury securities and authorized pools, the CCPD will diversify the entire portfolio to comply with the investment strategy; however, in no case shall any single investment transaction be more than five-percent (5%) of the entire portfolio. B. Maximum Maturities To the extent possible, the CCPD shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the CCPD will not directly invest in securities maturing more than five (5) years from the date of purchase. 13

34 Baytown Crime Control Prevention District Investment Policy VIII. Investment Strategies The CCPD maintains separate portfolios for individual funds or groups of funds that are managed according to the terms of this Policy and the corresponding investment strategies listed in Exhibit E. The investment strategy for portfolios established after the annual Investment Policy review and adoption will be managed in accordance with the terms of this Policy and applicable agreements until the next annual review when a specific strategy will be adopted. The CCPD maintains a pooled fund group that is an aggregation of the majority of CCPD funds including tax receipts, as well as some grant dollars and investment income. This portfolio is maintained to meet budgeted funding obligations of the CCPD. In order to ensure the ability of the CCPD to meet obligations and to minimize potential liquidation losses, the dollar-weighted average stated maturity of the Investment Pool shall not exceed 2 years. The objectives of this portfolio are to ensure safety of principal; ensure adequate investment liquidity; limit market and credit risk through diversification; and attain the best feasible yield in accordance with the objectives and restrictions set for in this Policy IX. Reporting A. Methods Investment officers shall jointly prepare an investment report at least quarterly, including a management summary that provides an analysis of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner consistent with the requirements of Section (Internal Management Reports) of the PFIA, and that will allow the CCPD to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The report should be provided to the CCPD Board An independent auditor shall formally review the quarterly reports prepared under this section at least annually, and that auditor shall report the results of the review to the CCPD Board. B. Performance Standards The investment portfolio shall be managed in accordance with the objectives specified in this policy (safety, liquidity, yield). The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. The basis used by the Investment Officer to determine whether market yields are being achieved shall be the three (3) month U.S. Treasury Bill. C. Marking to Market The market value of the portfolio shall be calculated at least monthly and a statement of the market value of the portfolio shall be issued at least quarterly. The market value of each investment shall be obtained from a D. source such as the Wall Street Journal, a reputable brokerage firm or security pricing service and reported on the investment reports. 14

35 Baytown Crime Control Prevention District Investment Policy EXHIBIT A Baytown Crime Control & Prevention District Authorized Investment Officers Wade Nickerson, City of Baytown Director of Finance Brent Yowell, City of Baytown Treasurer 15

36 Baytown Crime Control Prevention District Investment Policy EXHIBIT B Baytown Crime Control & Prevention District Statement of Ethics and Conflicts of Interest Investment Officers for the Baytown Crime Control & Prevention District shall refrain from personal business relationships with business organizations that could conflict with the proper execution of the investment program, or which could impair their ability to make partial investment decisions. This would only apply to personal business relationships with business organizations that have been approved by the Board of Directors to conduct investment transactions with the Baytown Crime Control Prevention District. An investment official is considered to have a personal business relationship with a business organization if: (1) The investment official owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business. (2) Funds received by the investment official from the business organization exceed 10 percent of the investment official s gross income for the previous year. (3) The investment official has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment official. I do hereby certify that I do not have a personal business relationship with any business organization approved to conduct investment transactions with the Baytown Crime Control & Prevention District, nor am I related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the Baytown Crime Control & Prevention District as of the date of this statement. City of Baytown Investment Officers Wade Nickerson City of Baytown Director of Finance Date Brent Yowell City of Baytown Treasurer Date 16

37 Baytown Crime Control Prevention District Investment Policy EXHIBIT C Baytown Crime Control & Prevention District Approved Broker/Dealers, Financial Institutions and Investment Pools Broker/Dealers UBS Financial Services, Inc. Cantor Fitzgerald Mutual Securities, Inc. Wells Fargo Brokerage Services, LLC Hilltop Securities, Inc. Coastal Securities Duncan-Williams, Inc. Multi-Bank Securities, Inc. Vining Sparks IBG, L.P. Public Depository JP Morgan Chase, NA (Primary) Local Government Investment Pools TexPool TexStar 17

38 Baytown Crime Control Prevention District Investment Policy (date) Baytown Crime Control & Prevention District C/O City of Baytown, Texas (Attn: Designated Investment official) P O Box 424 Baytown, TX EXHIBIT D Baytown Crime Control & Prevention District Certification by Business Organization Dear Mr/s. (investment official): This certification is executed on behalf of the Baytown Crime Control & Prevention District (the Investor) and, (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code, (the Act) in connection with investment transactions conducted between the Investor and Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: 1. The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor (Note: as such terms are used in the Public Funds Investment Act, chapter 2256, Texas Local Government Code) and; 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor and, agrees, on behalf of the Business Organization, to comply with its requirements under the Investment Policy and; 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the Investor s Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the investor s entire portfolio or requires and interpretation of the subjective investment standards. Qualified Representative of the Business Organization Signed By: Name Title Date 18

39 Baytown Crime Control Prevention District Investment Policy INVESTMENT STRATEGY EXHIBIT E It is the policy of the Baytown Crime Control and Prevention District (the "CCPD") that, giving due regard to the safety and risk of investments, all funds shall be invested at all times in conformance with State and Federal statutes, applicable trust agreements or related bond document requirements, the CCPD s adopted Investment Policy and this Investment Strategy. The CCPD's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with the Investment Policy. In accordance with the Public Funds Investment Act, CCPD investment strategies establish maximum maturities and maximum dollar-weighted average maturity limits for each portfolio and address the priorities for those funds (in order of priority): Suitability of the investment to the financial requirements of the CCPD and the particular Fund Type; Preservation and safety of principal; Liquidity; Marketability of the investment if the need arises to liquidate the investment prior to maturity; Diversification of the investment portfolio; and Yield. Effective investment strategy development coordinates the primary objectives of the CCPD's Investment Policy and cash management procedures with investment security risk/return analysis to enhance interest earnings and reduce investment risk. The CCPD intends to generally utilize a buy and hold strategy but will evaluate more active strategies, such as swaps or outright sales of securities, for incremental income when appropriate. The structure of the portfolio(s) will be primarily dependent upon the continuing cash flow requirements of the funds represented. The portfolio(s) will reflect both the short and long term needs of the funds. A limited liquidity buffer will be maintained to cover any unanticipated cash needs, where appropriate. With a more active position, maturity selections may be extended to gain incremental income or adjust portfolios to economic and market conditions. It is recognized that more active management may increase the overall weighted average maturity of the portfolios due to additional volatility. The CCPD's Investment Officer(s) shall monitor and evaluate the ongoing economic environment and incorporate market information from reliable sources as well as current and anticipated CCPD financial conditions when prudently implementing these strategies. Anticipated changes in the CCPD s Investment Strategy shall be reported to the Board as part of the quarterly investment reporting. The CCPD expects, but is not required by law, to consolidate and commingle funds from similar type funds or all funds in an attempt to maximize investment earnings. Investment income by fund will be recognized and allocated on a monthly basis based on respective fund balances for the period in accordance with generally accepted accounting principles. FUND TYPE IDENTIFICATION Each major fund type has varying cash flow requirements and liquidity needs. Therefore, specific strategies shall be implemented considering the fund type's unique requirements. CCPD funds shall be analyzed and invested according to the following major fund types: 19

40 Baytown Crime Control Prevention District Investment Policy a. Operating Funds Operating funds have ongoing cash needs in support of ongoing operations and required transfers. Funds include: General Fund. b. Liquidity Buffer Accounts Liquidity funds are to assure the CCPD s liquidity for anticipated and unanticipated needs within one month. A liquidity buffer is needed in all but debt service funds which have well-defined and unalterable liabilities. INVESTMENT STRATEGY BY TYPE In order to minimize market risks or principal loss due to interest rate fluctuations, investment maturities and portfolio structures will be limited by the anticipated cash flow requirements of the various fund types. The general investment strategies are established by fund type. The use of liquidity buffers in fund types is to provide for unanticipated liabilities. a. Operating Funds The short term (one to six months) needs of the operating funds will generally be addressed through a laddered portfolio and the longer term (six to twelve months) needs of the operating funds will be structured in a more loosely structured ladder. Core funds, not intended for use within one year may be extended to two years. Operating Funds are designed to meet ongoing demands. The portfolio(s) will utilize high credit quality securities with no perceived credit risk to meet those demands and assure liquidity if needed. Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Investment maturities shall be laddered based on the anticipated operating needs of the CCPD. Market cycle risk will be reduced by diversifying the appropriate maturity structure. Operating Funds require the greatest short-term liquidity of any of the fund types, investment pools and money market mutual funds can provide daily liquidity. Price volatility of the overall portfolio(s) will be minimized by requiring a maximum dollar-weighted average days to maturity (WAM) for the Operating portfolio(s) of 180 days and restricting the maximum allowable maturity to two years. Attaining a competitive market yield is a desired objective. The yields on the six-month and one-year Treasury Bills shall be the minimum yield objective and benchmarks for these funds in accordance with their anticipated WAM restrictions. b. Liquidity Buffer Accounts A liquidity buffer, dependent in size upon then current economic conditions and CCPD cash flow needs, shall be maintained in Operating Funds to meet immediate cash needs of at least one month and provide for reasonable, unanticipated liabilities. The maximum maturity of these liquid invested funds should be one day. These funds may be invested in money market mutual funds, local government pools, or in a depository overnight sweep. 20

41 BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT 3. a. Meeting Date: 01/10/2017 CCPD Hot Sport and CVE Reports Prepared For: Keith Dougherty, Police Prepared By: Alisha Segovia, City Clerk's Office Information ITEM Presentation of the CCPD Hot Spot and Commercial Vehicle Enforcement (CVE) statistical report. PREFACE Attached please find the Commercial Vehicle Enforcement (CVE) Unit reports. The Hot Spot statistics are listed below: Hot Spot th Quarter Statistics Arrests: 292 Citations: 739 Calls: 807 Traffic: 710 Pedestrian Contacts: 1388 DWI: 8 Total Charges Filed: 719 Hot Spot December 2016 Statistics ALL: 101 Citations: 241 Calls: 231 Traffic: 229 Ped Cont: 429 DWI: 2 Total Charges: 223 Arrests Hours Spent Assisting Special Ops: 2 RECOMMENDATION CVE Report - December 2016 CVE Report - First Quarter Attachments

42 Baytown Police Department Vehicle Enforcement Unit Report Commercial Monthly Activity December-16 Activity Current Month October to Date Level 1 Inspections Level 2 Inspections Level 3 & 5 Inspections Total Number of Inspections Hazardous Material Load Inspections (includes all levels) Out of Service Violations - Vehicles Out of Service Violations - Drivers CVE Citations Issued for Violations CVE Warnings Issued for Violations CVSA Safety Decals Issued Maximum Possible Fines $ 26,615 $ 184,270 Weight-Related Citations Issued Weight-Related Warnings Issued Vacations Level 3 Inspection: A check of the driver only, to see that they meet the requirements of the Texas Commercial Drivers License Laws as well as the requirements of the FMCSR. This includes the proper class of Commercial drivers license, DOT medical certificate (if required), a properly completed log book (if required), proof of liability insurance and proper random drug and alcohol testing. Level 2 Inspection: A walk-around inspection of the CMV to see that it meets the requirements of the FMCSR. This includes the above driver check plus a walk-around check of the required lighting, load securement, tires and other related items. Level 1 Inspection: A complete North American Standard Driver/Vehicle check. This includes both above levels with a check of the brake system, frame support, coupling devices, steering, suspension and realted items. The truck is completely gone over, to include crawling under the truck to inspect some items. These items must meet the requirements of the FMCSR.

43 Baytown Police Department Vehicle Enforcement Unit Report Commercial CCPD Quarterly 1st Qtr FY2017 Activity Woolcock #64 Slot #105 Level 1 Inspections Level 2 Inspections Level 3 & 5 Inspections Total Number of Inspections Hazardous Material Load Inspections (includes all levels) 13 5 Out of Service Violations - Vehicles Out of Service Violations - Drivers CVE Citations Issued for Violations CVE Warnings Issued for Violations CVSA Safety Decals Issued Weight-Related Citations Issued Weight-Related Warnings Issued Level 3 Inspection: A check of the driver only, to see that they meet the requirements of the Texas Commercial Drivers License Laws as well as the requirements of the FMCSR. This includes the proper class of Commercial drivers license, DOT medical certificate (if required), a properly completed log book (if required), proof of liability insurance and proper random drug and alcohol testing. Level 2 Inspection: A walk-around inspection of the CMV to see that it meets the requirements of the FMCSR. This includes the above driver check plus a walk-around check of the required lighting, load securement, tires and other related items. Level 1 Inspection: A complete North American Standard Driver/Vehicle check. This includes both above levels with a check of the brake system, frame support, coupling devices, steering, suspension and realted items. The truck is completely gone over, to include crawling under the truck to inspect some items. These items must meet the requirements of the FMCSR.

44 BAYTOWN CRIME CONTROL AND 3. b. PREVENTION DISTRICT Meeting Date: 01/10/2017 Receive the Baytown Crime Control and Prevention District s Quarterly Financial and Investment Reports for the Quarter Ending December 31, Prepared For: Wade Nickerson, Finance Prepared By: Suzi Tallent, Finance Information ITEM Receive the Baytown Crime Control and Prevention District s Quarterly Financial and Investment Reports for the Quarter Ending December 31, PREFACE Receive the Baytown Crime Control and Prevention District's Financial Report for the Quarter Ending December 31, The Baytown Crime Control and Prevention District's (CCPD) Quarterly Investment Report, for the Quarter Ending December 31, 2016, is submitted for review in accordance with the Public Funds Investment Act, Section (a) and (b). RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Fiscal Impact Financial Report Investment Report Attachments

45 BAYTOWN CRIME CONTROL PREVENTION DISTRICT (CCPD) Quarterly Financial Report Quarterly Investment Report Sales Tax Report QUARTER ENDING DECEMBER 31, 2016