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HomeMy WebLinkAboutResolution Fort Worth Housing Finance Corporation (FWHFC) FWHFC-2023-02RESOLUTION NO. FWHFC-2023-02 FORT WORTH HOUSING FINANCE CORPORATION A RESOLUTION APPROVING AMENDMENTS TO THE CORPORATION'S INVESTMENT POLICY WHEREAS, the Board of Directors of the Fort Worth Housing Finance Corporation (the "Board"), a Texas housing finance corporation (the "Corporation"), annually reviews and adopts an investment policy that dictates, among other things, the manner in which Corporation funds can be invested (the "Investment Policy"); and WHEREAS, the Corporation most recently adopted its annual policy during the Corporation's meeting on September 27, 2022; and WHEREAS, the Board requested that alternative investment strategies be analyzed to ensure that the Corporation's investments were being maximized in an appropriate and responsible manner; and WHEREAS, after review, it was determined that the Corporation's Investment Policy was sound but that there were certain options the Board could consider that could increase potential returns without substantially increasing the risk to the Corporation's funds; and WHEREAS, the Board was presented several options during its November meeting and requested that the policy be updated to reflect desired changes to the Investment Policy; and WHEREAS, the Board desires to approve the presented changes and adopt the Investment Policy as attached, with such changes being effective immediately. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FORT WORTH HOUSING FINANCE CORPORATION: THAT the Board approves the changes to the Investment Policy as presented and further adopts the revised Investment Policy in the form attached hereto. 2. THAT this Resolution takes effect on the date of its adoption. RESOLUTION NO. FWHFC-2023-02 PAGE 2 AND IT IS SO RESOLVED. Adopted February 28, 2023. FORT WORTH HOUSING FINANCE CORPORATION By: Carlos Flores President Attest: Janette S. Goodall Corporate Secretary RESOLUTION NO. FWHFC-2023-02 PAGE 3 I. Introduction The City Council of the City of Fort Worth ("City") created the Fort Worth Housing Finance Corporation ("Corporation") in 1979 pursuant to the Texas Housing Finance Corporations Act, Chapter 394 of the Texas Local Government Code. The organization was created as a public instrumentality and nonprofit corporation for the purpose of benefiting and accomplishing public purposes on behalf of the City by providing financing assistance for residential ownership and development which provides decent, safe and sanitary housing for residents of the City at prices they can afford. It is the policy of the Corporation that the administration of its funds and the investment of those funds shall be handled in a manner that promotes the highest public trust. Investments shall be made in a manner which will provide the maximum security of principal by setting guidelines for investment diversification by both type and maturity while meeting the Corporation's daily cash flow needs. This Investment Policy and Strategy is established to define the parameters within which investments are to be managed and to implement reasonable standards for the Corporation's cash management and investment operations ("Investment Policy"). The purpose of this document is to establish and describe overarching investment policy, provide investment strategy and guidelines, and set specific rules and parameters governing investment practices. This Investment Policy formalizes the framework for the Corporation's investment activities that must be exercised to ensure effective and judicious fiscal and investment management of its funds. The guidelines are intended to be broad enough to allow the General Manager, Treasurer, and others handling the Corporations funds to function properly within the parameters of responsibility and authority, yet specific enough to adequately safeguard the Corporation's investment assets. For purposes of this Investment Policy, the term "General Manager" includes an Assistant General Manager or other designee, and the term "Treasurer" includes an Assistant Treasurer or other designee, if applicable. II. Governing Authority All investment and cash management activities shall be conducted in full compliance with the Corporations Articles of Incorporation and its Bylaws, as may be amended from time to time, as well as all applicable state and federal laws, rules and regulations. Texas laws governing the investment of public funds are found in the Public Funds Investment Act, Chapter 2256 of the Texas Government Code ("PFIA"). Collateral requirements for all public funds deposits in Texas are found in the Public Funds Collateral Act, Chapter RESOLUTION NO. FWHFC-2023-02 PAGE 4 2257 of the Texas Government Code. All of the Corporation's investments will be made in accordance with these statutes. As directed by the Corporations Board of Directors ("Board"), the Corporations General Manager and Treasurer are authorized to promulgate reasonable procedures to ensure effective and judicious management of Corporation funds which align with this Investment Policy. III. Scope This Investment Policy applies to all public funds in the custody of the Corporation that are not required by law to be deposited in the state treasury by the PFIA and that the Corporation has authority to invest. These funds are reported in the Corporation's Annual Financial Report. IV. Objectives The Corporation shall manage and invest its assets with the following major objectives, listed in order of priority: 1. Safety Consistent with the requirements of the PFIA, safety of principal is the foremost objective of the Corporation's investment program. All aspects of cash and investment management operations shall be designed to ensure the safety and integrity of the Corporation's financial assets. Investments shall be undertaken in a manner that seeks to ensure the preservation of principal, mitigating credit and interest rate risk. Each investment transaction shall be conducted in a manner to minimize principal losses. All cash and investment management activities shall be done in a manner that promotes and is reflective of public trust. 2. Liquidity Each investment portfolio shall be structured to timely meet expected cash flow needs and associated obligations in a manner that results in the lowest cost to the Corporation. This objective shall be achieved by matching investment maturities with forecasted cash outflows and maintaining an additional liquidity buffer for unexpected liabilities. 3. Diversification Each portfolio shall be diversified by market sector and maturity in order to manage market risk. 4. Yield Each investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout economic cycles, taking into account RESOLUTION NO. FWHFC-2023-02 PAGE 5 the investment risk constraints of safety and liquidity needs. The benchmarks for each portfolio shall be designed for their comparability to the expected average cash flow patterns of the portfolio. The investment program shall seek to augment returns above the applicable benchmark consistent with risk limitations identified herein and prudent investment policies and practices. V. Strategies The Corporation may maintain and manage two portfolios in which funds are pooled for investment purposes: a Short -Term Portfolio and a Long -Term Portfolio. The Short -Term Portfolio shall be used to manage that portion of the Corporation's assets that, based on analysis of historic cash flow patterns, is projected to be needed to meet the Corporation's cash flow needs within the one-year planning and forecast horizon. The Long -Term Portfolio shall be used to manage that portion of the Corporation's assets that, based on analysis of historic cash flow patterns and current projections, is not needed to meet the Corporations cash flow needs within the one-year planning and forecast horizon and is therefore available and suitable for longer term investment. Operating within appropriately established administrative and procedural parameters outlined in this Investment Policy, the Corporation shall aggressively pursue optimum financial rewards in each portfolio, while simultaneously controlling related expenditures. Cash management functions shall be conducted in a manner that promotes the best financial and administrative interests of the Corporation. The strategies used are intended to ensure compliance with the statutes and address suitability of the investments, preservation of principal, liquidity, marketability of securities, diversification controls and reasonably attainable yield. The strategies will utilize competitive bidding practices and other controls as established by this policy for all transactions. The investment strategy for each portfolio incorporates the specific considerations and the unique characteristics of the fund groups represented in that portfolio. Each portfolio shall be invested in high credit quality investments. For the Short -Term Portfolio the Corporation shall pursue a strategy which fully utilizes its cash assets to obtain a competitive yield while also allowing the Corporation to meet projected cash flow needs, to minimize the cost of liquidity, and to maintain the objectives set forth in this policy. The investment strategy for the Long -Term Portfolio will be focused on appreciation while also meeting the objectives set forth in this Investment Policy. VI. Standard of Care The standard of prudence to be used for all Corporation investments shall be the "prudent person" standard as established by the PFIA and shall be applied in the context of overall management of investments. The "prudent person" standard states that: RESOLUTION NO. FWHFC-2023-02 PAGE 6 Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of their capital and the probable income to be derived. Investment Officers (defined below) acting in accordance with promulgated procedures and this Investment Policy and exercising due diligence shall be held accountable for any individual security's credit risk or market price changes but shall not be personally liable for deviations from expectations so long as deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. VII. Responsibility and Delegation of Authority A. Board of Directors By law the Board retains ultimate fiduciary responsibility for each portfolio. The Board is to annually review and adopt the Investment Policy. In addition, the Board is responsible for designating one or more individuals to serve as Investment Officers. B. Investment Officers By adoption of this Investment Policy in accordance with the PFIA, the Board designates and appoints the individuals holding the following positions to serve as Investment Officers to serve in accordance with Texas law and be responsible for the investment of Corporation funds consistent with this Investment Policy: the Corporations Treasurer and Assistant Treasurer. Investment Officers will be responsible for investment decisions and activities. The Corporation may further contract with a registered Investment Advisor to advise in the management of each portfolio. The Investment Officers and Investment Advisor shall seek to act responsibly as custodians of the public trust. No Investment Officer may engage in an investment transaction except as provided under the terms and procedures adopted in accordance with this Investment Policy. The Investment Officers and Investment Advisor are responsible for creating and maintaining portfolios in accordance with this Investment Policy, providing timely reporting to the Board, and establishing procedures and controls for the process and financial counter -parties (brokers, banks, pools). The Investment Officers and Investment Advisor shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this Investment Policy. Training In accordance with the PFIA, all Investment Officers shall attend at least one training session within twelve months after assuming investment duties and shall attend eight hours of training every two years thereafter, with the first such two- RESOLUTION NO. FWHFC-2023-02 PAGE 7 year period beginning on the first day of the Corporation's fiscal year after the year in which the Investment Officer takes the initial training. Training shall be provided by professional organizations authorized in accordance with Texas law and designated by the City's Investment Committee. Ethics and Disclosures Officers and employees (and any Corporation employees who act on the Corporations behalf) involved in the investment process shall refrain from any personal activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial investment decisions. Investment Officers shall refrain from undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the Corporation. In addition, all Investment Officers shall file disclosure statements in accordance with the requirements of the Public Funds Act as applicable. C. Investment Advisor The Corporation may engage the services of a Securities and Exchange Commission registered Investment Advisor (registered under the Investment Advisors Act of 1940) to assist in the management of an investment portfolio in a manner consistent with the Corporation's objectives and policies. All security transactions will be approved by the Corporations Treasurer prior to the Investment Advisor taking action. Approval may be in the form of a phone call, email, facsimile or other written communication. The Investment Advisor may not be granted total discretion in the management of funds. VIII. Authorized Financial Institutions, Depositories, and Broker/Dealers The Investment Officers shall use financial institutions, broker/ dealers, and depositories that have been authorized to provide investment services by the City's Investment Committee or by the Board. All counter -parties will be selected through a process of due diligence. Due diligence requires competitive transactions and delivery versus payment settlement. The Corporation will furnish counter -parties with the Corporation action authorizing the Investment Officers or Investment Advisor to establish and maintain accounts for the purpose of purchasing and selling securities authorized under Texas law and this Investment Policy. Certification Section 2256.005(1) of the PFIA requires that any business organization offering to engage in an investment transaction with the Corporation must be provided with a copy of this Investment Policy with "business organization' defined as "an investment pool or investment management firm under contract with an investing entity to invest or manage RESOLUTION NO. FWHFC-2023-02 PAGE 8 the entity's investment portfolio that has accepted authority granted by the entity under the contract to exercise investment discretion in regard to the investing entity's funds." That provision also requires the business organization must provide the Corporation with a written instrument (in a form acceptable to both parties) executed by a representative of the business organization that substantially acknowledges that the business organization has: a. received and reviewed the Corporation's Investment Policy; and b. implemented reasonable procedures and controls in an effort to preclude investment transactions with the Corporation that are not authorized by this's Investment Policy. Any material changes to the Investment Policy will require re -certification by all authorized firms. IX. Authorized Investments The PFIA lists all possible authorized investments available to Texas public entities. The Corporation shall invest only in those investments authorized below as such investments are further defined by the PFIA. If this Investment Policy provides for a lower stated maximum maturity or other more restrictive condition on an authorized investment that more restrictive requirement controls. If changes are made to state law to allow for additional possible authorized investments, such investments will not be authorized by the Corporation until this Investment Policy is modified and adopted by the Board. All investment transactions will be made on a competitive basis. 1. Direct obligations of the United States Treasury. 2. Obligations of United States government agencies and instrumentalities, including mortgage -backed securities and collateralized mortgage obligations which pass the Federal Reserve's bank test. 3. FDIC -insured and/or collateralized certificates of deposit as allowed by law. 4. FDIC -insured brokered certificates of deposit securities from a bank in any US state, delivered versus payment to the Corporation's safekeeping agent. Before purchase, the Investment Officers or Investment Advisor must verify the FDIC status of the bank to ensure that the bank is FDIC -insured. 5. Public funds investment pools as permitted by Government Code 2256.016. 6. Commercial Paper as permitted by Government Code 2256.013 for the limited purpose of investing in public funds investment pools. RESOLUTION NO. FWHFC-2023-02 PAGE 9 X. Collateralization Time and Demand Pledged Collateral All time and demand deposits shall be secured above FDIC coverage by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, collateral will be maintained and monitored by the pledging depository at 102% of market value of principal and accrued interest on the deposits. The bank shall monitor and maintain the margins on a daily basis. All collateral shall be subject to inspection and audit by the Corporation or its auditors. Collateral pledged to secure deposits shall be held by an independent financial institution outside the holding company of the depository, approved by the Investment Officers, in accordance with a safekeeping agreement executed under the terms of the Financial Institutions, Reform, Recovery, and Enforcement Act. Authorized Collateral As authorized by the Public Funds Collateral Act and further restricted by this Investment Policy, acceptable collateral for time and demand deposits and repurchase agreements shall include only: - Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage -backed securities and CMO that pass the bank test, and - Obligations of any U.S. state, city, county or authority rated at least A by two nationally recognized statistical rating organizations. XI. Internal Controls The Investment Officers have the responsibility of establishing and maintaining an internal control structure designed to provide reasonable assurance that assets are protected from loss, theft, or misuse. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived, and, the valuation of costs and benefits requires ongoing estimates and judgments by management. The internal controls shall address the following points at a minimum: - Control of collusion, - Separation of transaction authority from accounting and record keeping, - Custodial safekeeping, - Clear delegation of authority, - Written documentation on all transactions, and - Review, maintenance and monitoring of security procedures. In accordance with the PFIA, a compliance audit of management controls on investments and adherence to this Investment Policy shall be conducted in conjunction with the Corporation's annual external financial audit. RESOLUTION NO. FWHFC-2023-02 PAGE 10 The Investment Officers will develop and maintain internal procedures, describing use of bank balances, calculation of the Corporation's liquidity needs, daily investment procedures, investment transaction documentation, and distribution of reports, at a minimum. XII. Safekeeping All security transactions will be settled on a delivery versus payment basis. Securities owned by the Corporation will be held by the Corporation's depository or other Corporation -contracted safekeeping institution independent from any security transactions. All safekeeping contracts will be executed in writing. The safekeeping agent shall provide documentation of all securities and evidenced by safekeeping receipts/reports indicating ownership by the Corporation. XIII. Reporting Quarterly Reporting In accordance with the PFIA, the Investment Officers or Investment Advisor will prepare and submit a report to the Board no less than quarterly. The report will comply with the PFIA and will contain, at a minimum, the following information for each portfolio (Short - Term and Long -Term): a. a detailed description of each investment position as of the date of the report, including book and market values and purchase yield; b. individual transactions (buy/ sell, maturities, calls) during the period; C. summary statements for each portfolio including: (1) beginning and ending book value for the reporting period, (2) beginning and ending market value for the reporting period, (3) change in market value (volatility measure) for the reporting period, (4) total earnings for the reporting period, (5) weighted average maturity ("WAM") at the beginning and end of the period, and (6) actual yield and benchmark yield for the reporting period. d. securities lending income stated as a separate amount and also expressed as a part of the overall actual -yield calculation, with overall yield shown in comparison to benchmark; e. asset allocation by maturity and market sector; f. compensating balances maintained at depositories at its earned credit rate ("ECR") stated as a separate amount and also expressed as a part of the overall actual -yield calculation, with overall yield shown in comparison to benchmark; and RESOLUTION NO. FWHFC-2023-02 PAGE 11 g. overall blended yield (taking into account both securities lending and ECR revenues) in comparison to benchmark. The quarterly report shall include a statement of compliance for each portfolio as it relates to this Investment Policy and shall be signed by each Investment Officer and Investment Advisor. In order to maintain the transparency of the program, the reports shall be made easily available and clear and concise for the reader. Prices used for calculation of market values will be obtained from an independent source. XIV. Investment Policy Adoption The Investment Policy shall be reviewed and adopted by the Board at least annually. The adopting instrument shall identify any changes made to the Investment Policy. XV. Adoption Policy Reviewed and Approved: Date Comments October 24, 2017 Developed and Adopted Policy October 15, 2019 Policy Approved - No Changes September 14, 2021 Polic Approved - No Changes September 27, 2022 No major substantive changes; Minor revision to section XIII. Reporting to clarify applicability; Added revision history to provide a chronological history of policy revisions February 28, 2023 Updated section IX. Authorized Investments to include public funds investment pools and commercial paper as allowable investments RESOLUTION NO. FWHFC-2023-02 PAGE 12 FORT WORTH HOUSING FINANCE CORPORATION Proposed Operating Budget October 1, 2022 through September 30, 2023 Revenues 2022-23 Interest on Investments 70,000 Land sales - Vacant lots 100,000 Land sales - Vacant lots - Evans -Rosedale 2,375,746 Project Cash Flow - Enclave Park and Enclave Westport 1,300,000 Developer Fees 1,194,787 Affordable Housing Payments 451,000 Interest on loans 20,745 Loan repayments (Columbia & Mistletoe) 36,193 Gas lease -Royalties 100,000 Misc. revenue 1,000 Total 5,649,471 Expenditures Transfer to City (Salaries) 435,515 Office Supplies 500 Postage 50 Dues, Membership & Renewals 10,120 Conferences, Seminars, Training 20,000 Printing 500 PSH Supportive Services 183,000 Affordable Housing Project Expense 3,000,000 Contractual services 49,000 Property Tax -Mineral Interest 250 Professional Services 50,000 HOME Match 157,017 Audit Fees - CohnReznick 16,950 Consultant Fees 200,000 Property, Liability & D&O Insurance 3,500 Mowing HFC properties 43,448 Total Expenditures 4,169,850 Excess of Revenues over Expenditures 1,479,621