DENALI BOROUGH, ALASKA

ORDINANCE NO. 95-09

 

INTRODUCED BY:  FINANCE COMMITTEE

 

AN ORDINANCE OF THE DENALI BOROUGH AMENDING CHAPTER 19 OF THE

DENALI BOROUGH CODE OF ORDINANCES, SECTION 5.

 

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

 

Section 1.  Classification.  This Ordinance is of a general and permanent nature and is intended to become part of the Denali Borough Code of Ordinances.

 

Section 2. Denali Borough, Chapter 19 amended.  Section 5 of Chapter 19 of the Denali Borough Code of Ordinances is hereby amended.

 

Section 5. Permanent Investment Fund.

 

A.  Management Guidelines.

 

The Assembly recognizes its fiduciary responsibility to manage the financial assets of the Denali Borough Permanent Investment Fund (DBPIF) in the sole and best interests of the Fund and wishes to establish a standard of care for investment of fund assets.  The following standard of care shall apply to all investments.

 

            The Borough Assembly, staff, Investment Advisors, and/or Bank Custodians shall exercise the judgment and care under the circumstances then prevailing which an institutional investor of ordinary prudence, discretion, and intelligence exercises in the management of large investments entrusted to it, not in regard to speculation, but in regard to the long term investment of funds considering the probable safety of capital as well as probable income.  The Assembly will establish written investment policies by formal Resolution which shall be adhered to without exception.

 

            The Assembly will review the investment policies of the Corporation at least once each year during the month of May and will, by formal action, re-adopt or modify said policies.

 

            The Assembly will establish by formal resolution a plan for the allocation of investment assets each year thus determining a percentage range of the amount of assets which will be committed to marketable debt securities and common stock.

 

            The Clerk shall maintain on file within the offices of the Borough monthly reports which indicate the following: (1) All transactions affecting the investment account, to include purchases and sales of securities, transfers of cash into and out of the account, interest or dividends received by the account; (2) A listing of all assets held in the investment account including identification of the security, original purchase price, and current market price.

 

 

B.  Investment Policies.

 

The Assembly wishes to establish DBPIF investment guidelines pertaining to risk, diversification, Investment  Advisors and/or Custodians.  The following securities are authorized for investment for the DBPIF:

1.         Obligations of the United States Treasury.

2.         Obligations of agencies of the United States Government.

3.         Certificates of deposit and bankers acceptances which have a demonstrated secondary market and are issued by a financial institution which is rated at least "A" by one of the two major rating services.

4.         Certificates of deposit issued by Alaska banks which do not fall in the above category provided the certificates do not exceed FDIC insurance and non-liquidity is acceptable.

5.         A no-load mutual fund which replicates the S&P 500 Index.

6.         No load money market mutual fund.

 

            No investment shall be made in any one security in excess of five percent of the total investment portfolio, measured by market value, except for obligation of the U.S. Government and its agencies.  Investments shall be diversified in a broad market investment such as to mirror the market as a whole.

 

            The Investment Advisor and/or the Custodian Bank shall be engaged by formal written contracts [and the Investment Advisor and/or Custodian Bank will be two separate parties]. [Both parties] The Investment Advisor and/or the Custodian Bank will be required to submit monthly transaction and asset reports.  The Investment Advisor will be registered with the State of Alaska and the U.S. Securities and Exchange Commission.  The Custodian Bank will be a regulated bank and the Investment Advisor will be insured with a professional liability policy and the Custodian be insured with a banker's bond or similar fidelity policy.

 

Section 3.  Effective Date.  This ordinance becomes effective upon

adoption by the Denali Borough Assembly and signature of the Mayor.

 

                                    DATE INTRODUCED:   May 21, 1995

 

                                    FIRST READING:   May 21, 1995                           

 

PUBLIC HEARING:   June 11, 1995

 

PASSED and APPROVED by the DENALI Borough ASSEMBLY this 11th day of

June, 1995.

                                    SIGNATURE ON FILE 

                                                Mayor

 

 

 ATTEST:                     SIGNATURE ON FILE

                                            Borough Clerk