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CCR1991190COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #190-91 FOR PUBLIC DEPOSIT AND INVESTMENTS ESTABLISH A POLICY WHEREAS, 1985 Wisconsin Act 25, which became effective August 1, to public deposits, and 1985, has made important changes in Chapter 34, Stats., relating WHEREAS, 1985 Wisconsin Act 25 abolishes the state deposit guarantee fund and eliminates the authority of the Commission of Banking to levy assessments against public depositors for the purpose of reconstituting said funds, and WHEREAS, the Act retains the pledge of general purpose revenues for the payments of losses of public deposits in any individual thousand dollars ($400,000) above the amount of deposits financial institution in an amount not to exceed four hundred time as general purpose revenues have been exhausted, and insurance provided by an agency of the United States, until such WHEREAS, it is in the interest of this community to adopt a policy to insure prudent deposits and investments of available City funds. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby establish the following policy in the public interest for the deposit and investment of available City funds : I. PUBLIC DEPOSITS A. The Common Council has by resolution designated public depositories, organized and doing business under the laws of this state or federal law, and located in this state, in which the City Treasurer shall deposit all public monies received by her/him. B. Limitations. The resolution designating one or more public depositories shall specify whether the money shall be maintained in time deposits subject to the limitations of deposits, and whether a surety bond or other security shall Section 6604(2), Stats., demand deposits or savings be required to be furnished under Section 34.07, Stats, by the public depository to secure the repayment of such deposits. Not more than two million five hundred thousand dollars ($2,500,000) shall be deposited in any one public depository, unless specifically authorized by the Common Council. Resolution 190-91 Page 2 C. Deposits. The City Treasurer shall deposit public monies in the name of the City of Muskego in such public depository or depositories designated by the Common Council, subject to the limitations hereinabove set forth. D. Withdrawals. Withdrawals or disbursements by the City Treasurer of monies deposited in a public depository shall be made as provided by Sections 66.042(1) to (5), Stats. The City Treasurer is authorized, at her/his discretion, to process periodic payments through the use of money transfer techniques as set forth in Section 66.042 (3m), Stats. The City Treasurer, as used in this paragraph, means only the elected and acting City Treasurer or duly appointed deputy acting under her/his direction and in her/his absence or disability, or in case of a vacancy, and does not include all of the other persons within the definition of that term acting City Treasurer, and the duly appointed and acting in Section 34.01(7), Stats., except the duly appointed and deputy, shall be as provided in Section 66.042, Stats. E. Liability. Notwithstanding any other provision of law, the Treasurer who deposits public money in any public depository, in compliance with Section 34.05, Stats., is under the provisions of Section 34.06, Stats., relieved of any liability for any loss of public monies which results from the failure of any public depository to repay to the public depositor the full amount of its deposits, thus causing a loss as defined in Section 34.01(2), Stats. a 11. INVESTMENTS A. Subject to the provisions of this policy, the City Treasurer shall have control of any discretion in the investment of available for investments. all City funds that are not immediately needed and are B. Intent. It is the intent of the Common Council that the City Treasurer utilize a wise and prudent cash management system in such a manner to insure maximum investment earnings, while at the same time be able to respond promptly to authorized expenditures. Safety, liquidity and yield will be the prime requisites for the investment of City funds . C. Scope. This policy is limited in its application to funds which are not immediately needed and are available for investment. Other funds, which are subject to special Federal laws and regulations and said laws shall take precedence if inconsistent with the provisions of this policy. Resolution 190-91 Page 3 a D. Responsibility. In exercising her/his investment responsibilities, the City Treasurer shall exercise the care, skill, prudence and diligence under the circumstances then prevailing, that a prudent person would act when in a similar capacity, with the same resources, and familiar with like matters in the management of a similar activity with a like purpose. E. Investments. The investment of City funds shall be in accordance with Sections 34.01(5) & 66.04(2), Stats., as f OllOWS : 1. 2. 3. 4. Certificates of Deposit. City funds may be invested in certificates of deposit maturing within three years or less from the date of investment issued by any bank or transact business in the State of Wisconsin. The savings & loan association which are authorized to financial institutions must have been designated a public depository of the City by resolution of the Common Council. A maximum of two million five hundred thousand dollars ($2,500,000) may be invested in each institution unless the investment is collateralized by federal government securities having a market value of collateralization shall have been waived by the Common one hundred ten percent (110%) of the investment or Council. Government pool. City funds may be invested in the local government investment pool fund without limitation as long as the fund is fully insured. Repurchase Agreements. City funds may be invested in repurchase agreements in financial institutions approved for that purpose by the Common Council. Repurchase agreements can only be made in securities which are direct obligations of or guaranteed as to principal interest by the federal government and securities which are obligations of an agency, commission, board or other instrumentality of the federal government, where principal and interest are guaranteed by the federal government. Securities purchased by a repurchase agreement must be placed in safekeeping in a segregated account in the City's name at any designated public depository or approved financial institution. U.S. Government Security, Bonds, or Securities issued or guaranteed by the Federal Government. 111. MISCELLANEOUS A. Definitions. Words and phrases shall, insofar as applicable, have the meanings set for in Section 34.01, Stats., as amended. Resolution 190-91 page 4 B. Conflict. This policy as enacted in accordance with the provisions of Chapter 34 and Sections 66.042, Stats., as amended. C. Duration. This policy shall continue in force until appealed or superseded by further resolution of the Common Council. DATED THIS 13TH DAY OF AUGUST , 1991. SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders 0 This is to certify that this is a true and accurate copy of Resolution #190-91 which was adopted by the Common Council of the City of Muskego. 8/91cac