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05-30-2001 HUCMRegular Meeting May 30, 2001 Members Present: President Paul Ackland; Vice President David Wetterling; Commissioner Donald Walser; Commissioner Roger Gilmer, Attorney Marc Sebora; General Manager Clarence Kadrmas; and Business Manager Patrick Spethman. President Ackland called the meeting to order at 3:00 p.m. Vice President Wetterling made a motion to approve the minutes of April 25, 2001, as written. Seconded by Commissioner Gilmer, the motion carried unanimously. Commissioner Gilmer made a motion to ratify the payment of bills in the amount of $2,141,529.03 (detailed listing is in the payables book.) Vice President Wetterling seconded the motion and it passed unanimously. After review of the financial statements and budget year -to day, Vice President Wetterling made a motion to approve them. Seconded by Commissioner Walser the motion passed unanimously. Commissioner Gilmer made a motion to approve the list of charge -off accounts as presented. Commissioner Walser seconded the motion and it passed unanimously. Vice President Wetterling made a motion to inform the City of Hutchinson that Hutchinson Utilities has no objection to approve the Sale of Parcel 13 Plat No. 55 to McLeod County. Commissioner Gilmer seconded the motion and it passed unanimously. Commissioner Walser made a motion to accept the quote from Northern Pipeline Construction for projects not to exceed the budgeted amount. Vice President Wetterling seconded the motion and it passed unanimously. Vice President Wetterling made a motion to approve requisition #14492 to Okay Construction Company to do the 115KV line stringing and tensioning. Seconded by Commissioner Walser the motion passed unanimously. General Manager Kadrmas informed the Commission that the ground work for McLeod Substation has slowed due to rain. Unit #9 is working well on natural gas but some work is being done to correct the problem when using #2 Fuel Oil. Letters to contractors have been sent informing them of our new equipment and hourly rates. Council Sebora will find out what was paid for the Walmart property and work with Tim Hacker and staff to find a fair market value for the McCormick easement. Vice President Wetterling made a motion to withdraw Hutchinson Utilities Commission's present Resolution 5B, allowing investments in Treasury Bills, Notes and Bonds, in order to allow investing by state statute as outlined by the League of Minnesota Cities. Seconded by Commissioner Gilmer the motion passed unanimously. Commissioner Gilmer made a motion to modify the personnel policy on business related vehicle operation. Vice President Wetterling seconded the motion and it passed unanimously. Commissioner Gilmer made a motion to authorize staff and council to settle the current EPA fine up to a maximum of $40,000.00. Commissioner Walser amended the motion to authorize staff and council to reach a settlement up to a maximum of $55,000.00. The amendment was seconded by Commissioner Gilmer and passed unanimously. The motion was seconded by Commissioner Walser and passed unanimously. There being no further business, Commissioner Walser made a motion to adjourn. Seconded by Vice President Wetterling the motion passed unanimously. David J. Wetterling, Vice President Attest: Paul L. Ackland, President Regular Meeting May 30, 2001 Members Present: President Paul Ackland; Vice President David Wetterling; Commissioner Donald Walser; Commissioner Roger Gilmer, Attorney Marc Sebora; General Manager Clarence Kadrmas; and Business Manager Patrick Spethman. President Ackland called the meeting to order at 3:00 p.m. Vice President Wetterling made a motion to approve the minutes of April 25, 2001, as written. Seconded by Commissioner Gilmer, the motion carried unanimously. Commissioner Gilmer made a motion to ratify the payment of bills in the amount of $2,141,529.03 (detailed listing is in the payables book.) Vice President Wetterling seconded the motion and it passed unanimously. After review of the financial statements and budget year -to day, Vice President Wetterling made a motion to approve them. Seconded by Commissioner Walser the motion passed unanimously. Commissioner Gilmer made a motion to approve the list of charge -off accounts as presented. Commissioner Walser seconded the motion and it passed unanimously. Vice President Wetterling made a motion to inform the City of Hutchinson that Hutchinson Utilities has no objection to approve the Sale of Parcel 13 Plat No. 55 to McLeod County. Commissioner Gilmer seconded the motion and it passed unanimously. Commissioner Walser made a motion to accept the quote from Northern Pipeline Construction for projects not to exceed the budgeted amount. Vice President Wetterling seconded the motion and it passed unanimously. Vice President Wetterling made a motion to approve requisition #14492 to Okay Construction Company to do the 115KV line stringing and tensioning. Seconded by Commissioner Walser the motion passed unanimously. General Manager Kadrmas informed the Commission that the ground work for McLeod Substation has slowed due to rain. Unit #9 is working well on natural gas but some work is being done to correct the problem when using #2 Fuel Oil. Letters to contractors have been sent informing them of our new equipment and hourly rates. Expected opposition and understanding have - been- r-eceivv�l, , � Lam'.. Q <''a,a ..b Council Sebora will find out what was paid for the Walmart property and work with Tim Hacker and staff to find a fair market value for the McCormick easement. Vice President Wetterling made a motion to withdraw Hutchinson Utilities Commission's present Resolution 5B, allowing investments in Treasury Bills, Notes and Bonds, in order to allow investing by state statute as outlined by the League of Minnesota Cities. Seconded by Commissioner Gilmer the motion passed unanimously. Commissioner Gilmer made a motion to modify the personnel policy on business related vehicle operation. Vice President Wetterling seconded the motion and it passed unanimously. Commissioner Gilmer made a motion to authorize staff and council to settle the current EPA fine up to a maximum of $40,000.00. Commissioner Walser amended the motion to authorize staff and council to reach a settlement up to a maximum of $55,000.00. The amendment was seconded by Commissioner Gilmer and passed unanimously. The motion was seconded by Commissioner Walser and passed unanimously. There being no further business, Commissioner Walser made a motion to adjourn. Seconded by Vice President Wetted the motion passed unanimously. % Attest: cx•w "' Paul L. Ackland, President id J. WRtterlina-.-Wce President CUN��cc�ccccc rNUID ID ccccc �' O E E O N O O N CU N a) .0 N E E E E N N CU N N ~SSS C= C-2vifv C c CSSSS'C'C-E -Ev QJ N N @ (Q tU aa— taCi aCQ .(afS N a .iatS -- - ta C9 — N — N —N = N at6 .at1S .Ca6 at� a 0 oaQ os�` << t o O 0 oa`` < t6 < o 222 2 2m2m =voo � oo � o00 N G1 0 0 0 0 0 0 0 0 0 C to to + to U-) O tf> O QCY)N NN coN0 � Q o i l l o o 0 1 0 0 0 0 0 0000000000000 + + + + OOU7 t OtnCi00 CMON NCONNM �'' �- GO •- �t N O 1- •- M tt) 0 0 N N M M r r- ct N d' — 0 �NV�1`MMOCAd M grtt'woO qOtn000tnwwN GOrttti d 6N6 N6 0006 NNCO6 Mo6 �oOC�C�M`�tONON COMONMtn MCT ow oot-v— Q r fit' �3 r- 0 N %- ) d O 'CN +- +00000000000000000000000 U tij � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O NN ��ttO�t �4 6 N,,LN6 6 006 i, 4c 4 6A6rLcN E ca 00to00e- r0MLO0M0 INTO 0U')001'- M0N1l- Qc 000- Mt- r-T-r" Oh- NCOMr - W -r Qe-- - e- tOCUCD0 NCOh1-MMMMT- 0 0 0 0 0 0 0 T- O O O O O O O O O O O O O O O Nt lj6P4.r�.t-�l-�r�.P--OOe= 6C666CNCV N& C; �cncncncncnrncncncncncncncncnc�rncncncnu�cncncn a x d O E E2 U CU X N M O C U O1 L N i CU = �' E N C_ C ,, N x O N O N O N zaa)c canc ���.cE co'_ 0 E00 ocm p w- c o m o c o o m o `-mop @ E E aw.n.cw c o 3 x N 0 0 to - m Ca Ui Q U (a T � C C �+�p. 'co'c Nu+ i3vT> 7ninEot`nn OS�X4W ) °-5)m `.) `- ,°vOmCD2<<0a`..a.< >-U) TMI 0 0 N Q LL LL 0 W Q 2 U 0 April 6, 2001 OFFER TO PURCHASE STATEMENT OF COMPENSATION Mr. John Rodeberg City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 RE: Apparent Landowner on CSAH 25 Project 5025, Plat 55 Dear Mr. Rodeberg: The McLeod County Highway Department hereby offers all interested parties who may have an interest in the real estate to be acquired the sum of 1,014.0 , which has been estimated to be just compensation for such property and rights based upon the fair market value for the property. A summary of the amount set out above as just compensation is as follows: (a) Identification of the real property to be acquired - parcel no. 13, plat no. 55 (b) Types of interest being acquired. (1) Permanent Construction Easement (c) Summary of fair market value and offer: 1) Land & Improvements $ 1,014.00 2) Damages (Claim Voucher) $ -0- 3) Total $ 1,014.00 This offer is based on a review and analysis of an appraisal(s) of this property by a qualified appraiser(s). You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides for reimbursement in an amount not to exceed $500.00 for the actual cost of an appraisal of property acquired by direct purchase. Reimbursement cannot be made, however, until your property is acquired. If you decide to accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of merchantable title. If the offer is unacceptable you may have your property acquired in an eminent domain proceedings. I.D. NUMBER : #5 McLEOD COUNTY RECORDERS CERTIFICATE OF TITLE I hereby certify that I have examined the title to the real estate herein described as shown by the records in the office of the Recorder and Registrar of Titles of McLeod County, Minnesota and as shown by said records it is my opinion that title to the following described tract: The North 838.29 feet of the East 705.00 feet of the Southeast Quarter of the Northeast Quarter in Section 32, Township I t6 North of Range 29 West. NAME INTEREST DATE ACQUIRED BOOKIPAGE SPOUSE City of Hutchinson FEE 2 -16 -2000 Document 8301149 During the past rive years the title to said tract was in the following person if different than above: Malcolm W, Schwarze FEE 2 -29 -1980 181 Deeds, page 616 Ruth Schwarze FEE 2 -29 -1980 181 Deeds, page 616 Husband and wife SUBJECT TO THE FOLLOWING NSP Easement. Book 32 Misc., page 1.07. See copy attached to parcel #3. Drainage Agreement. Book 89 Misc., page 97. See copy attached to parcel #2. Easement. Stated on Warranty Deed Document #301149. Over the South 67.04 feet of this parcel for purpose of construction, maintaining and repairing drain tile. LAST TRACT ENTRY OR MEMORIAL DOC BK /PAGE DOC NO Quit Claim Deed Document 8302319 McLEOD County Recorder Date I PERMANENT ROADWAY EASEMENT McLeod County State Aid Road 25 Project 5025 Par. 13, Plat 55 City of Hutchinson being the owner, in fee simple, of the real estate hereinafter described, hereby grants unto McLeod County, its successors and assigns, the hereinafter described permanent roadway easement for the sum of One Thousand Fourteen Dollars and No Cents ($1,014.00) and other good and valuable considerations. The said permanent roadway easement in McLeod County in the State of Minnesota is described as follows: RACT DESCRIPTION The North 838.29 feet of the East 705.00 feet of the Southeast Quarter of the Northeast Quarter in Section 32, Township 116 North of Range 29 West. PERMANENT ROADWAY EASEMENT DESCRIPTION Parcel 13 of MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 55. Further, the owner agrees not to construct fences, plow or perform any detrimental operation within the permanent roadway easement, except the owner is hereby permitted to plant and harvest hay crops within the limits of the permanent roadway easement until such time as Mcleod County directs otherwise. Further, it is understood that McLeod County shall have the right to use and remove all earth and other materials lying within the limits of the permanent roadway easement. Further, it is understood that McLeod County may permit cities, townships, utility companies and others to place and maintain power, telephone, gas, tile, water, sewer and other utilities above and/or under the ground within the limits of the permanent roadway easement. The maintenance of such utilities may include the cutting or clearing of trees and other vegetation, within and above the permanent roadway easement, that would be necessary for the oper operation of such utilities. rther, the owner, his successors and assigns, hereby release the County of McLeod, its officers and agents, from any and all liability and claims concerning the hereinbefore described permanent roadway easement and the owner's adjoining premises that may result by virtue of the construction, maintenance, and use of a public roadway over and upon the herein before described permanent roadway easement. Dated this day of 720 F4 STATE OF )Ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of Title of Officer or Agent) Name of Officer of Agent, Title of Officer or Agent) a (State or Place of incorporation) royl by (Name of Corporation Acknowledging) 20 by corporation, on behalf of corporation Notary Public My Commission ex This Instrument was Drafted By: Michael Junge McLeod County, Glencoe, MN UNCOMPLICATED ACQUISITION APPRAISAL Project CSAH #25 Parcel No. 13 Plat No. 55 Owner City of Hutchinson Property Address PERMANENT EASEMENT TO BE ACQUIRED: Zoning Agricultural Present Use Agricultural Highest & Best Use: Before Agricultural After Agricultural 0.520 Acres @ $1.950 /ac. _ $1,014.00 Acres @ _ Total $1,014.00 TEMPORARY EASEMENT TO BE ACQUIRED: Acres @ _ Acres @ Total IMPROVEMENTS TO BE ACQUIRED: Description of Improvement Value Total DAMAGES TO REMAINDER: Description of Damaged Items Value Total Total estimated fair market value of acquisition and remainder damage (rounded) Total $1014.00 Appraiser --4 Date of Signature, -59- Clarence, Listed are the quotes for Directional Boring for projects planned for the construction year 2001. The total footage for three phase and single -phase conductor is approximately 11,000 linear feet. Directional boring of conduit or natural gas pipe is approximately 2000'. Quotes: Northern Pipeline Construction Utili -Trax Contracting Northern Construction Inc. $9.00 ft for Conductor $12.00 ft for 8" Duct or Gas pipe $9.00 ft for 6" Duct or Gas pipe $8.50 ft for 4" Duct or Gas pipe $8.25 ft for 2" Duct or Gas pipe $8.00 ft Single Ph 1/0 $11.00 ft Three Ph 1/0 $11.00 ft Three Ph 4/0 $11.00 ft Three Ph 500 MCM $8.00 ft for 2" Duct or Gas pipe $11.00 ft for 4" Duct or Gas pipe $14.00 ft for 6" Duct or Gas pipe $15.00 ft for 8" Duct or Gas pipe $10.00 ft Three Ph 500 MCM $10.00 ft for 2" Duct or Gas pipe $12.50 ft for 4" Duct or Gas pipe $15.00 ft for 6" Duct or Gas pipe $20.00 ft for 8" Duct or Gas pipe Based on the quotes indicated, I would like to recommend that Hutchinson Utilities Commission award Northern Pipeline Construction the Directional Boring projects for the construction year 2001. Donald P. Nelson Manager - Electric Division M � D v � � N X CD a > E a L' a r. o CL CD n- w � CD Q 3 C 0 i 3 0 Q z o m 1 N O 0o A z m Co — (n O fll � .y x D EA m m � O C�J1 W y IQ 0 O p O O .a 4h O O CD 3 C i 0 Q z m O 1 N O 0o A z `► O O z � .y oC m t7 O y r VJ 3 ftft 4h O z Z N m cn z G) z G) D z v m z CD O z E C) 0 V W ' O O ' O 0 o o ' o � ul - W V 4 L Ln CD c 0 O A G Ul - W � O � 9 O O CD 3 C i 0 Q z m O 1 x O 0o A z zi n n 3 3 D t 3 I i i i w V cn c °a CD D D 7 D 7 n 0 0 a C a ) D D C i 0 v, O A Z `► O z � .y oC m t7 O y VJ 3 ftft 4h O Z N I U � n o CD CD CD v cys �O 01 W �.A 4�. J O O 00 � O O N C7 a� Q P7 P7. w d 69 W 69 N W l0 W VI N W o(D rn CD y 0 C c O O O O O O O O CD 69 CJI J� -- . D oo O O O D O O O O cn co o o o UU c; s/s sus iA ss bs aA r- ss 6s ss cfl `C Y m o to Cll Vl O Vl J. O J Vl VA 0 ul O c.n 0 0 CD a r VJ VJ HN O 'S C o(D rn CD y 0 C c O O O O O O O O CD 69 CJI J� -- . D oo O O O D O O O O cn co o o o UU c; s/s sus iA ss bs aA r- ss 6s ss cfl `C Y m o to Cll Vl O Vl J. O J Vl VA 0 ul O c.n 0 0 CD a o(D rn CD y 0 C c O O O O O O O O CD 69 CJI J� -- . D oo O O O D O O O O cn co o o o ,o c; s/s sus iA ss bs aA r- ss 6s ss cfl `C to Cll Vl O Vl J. O J Vl VA 0 ul O c.n 0 0 o(D rn CD y 0 C c O O O O O O O O CD 69 CJI J� -- . D oo O O O D O O O O A All sin, N'T W, 'up i Mal 'z I MGM 1w �N A to RE CD 'ID gp' UQ C'D C) ° on SP ID CL W— jig, 9H Mo 4 F C) q IF El ID C1 W ID 5M op a 04 cn' 2- N 4, co I-D co S f o "IN (D CD ol 41. cul L" ;5 0o c 00 0 O O 69 69 W goo c 41 co 00 E'e Ee IN U Fu x, V, C) Ic 00 �l-.,� ' + � 4. qua of l+finneaoPn G'tie> �tieo��somniing azcal� oe :�� h�' t y �,t` � �e�,��, p�j �an �C. , s ���a�f 41y�s .r�' ':�t s,�_ 'i %@S �y��p4*�� 1{ ��� �-�; � y , �, rU z� ;, Some representatives of financial institutions maintain that they do not own or control other branches of the same institution. However, it should be noted that the State Auditor does not agree with this interpretation. Cities should not assume that placing collateral in a different branch of the same bank will be appropriate. Part III. Investments Many cities invest idle funds in order to gain the best returns from their money. Generally, many investments will see higher returns than the amount of interest normally given on deposits. Although the primary goal should always be to safeguard the principal, another goal is to see returns that keep up with inflation and provide a market rate of return. If returns exceed this, the city can actually make a profit. However, with higher returns can also come greater risks. A. Authority for investments Minn. Stat. § 118A.04, Any public funds may be invested if not needed for other purposes subd. 1 or restricted for other purposes. Such investments are subject to certain conditions, depending upon the instrument that is used. B. Broker's notification and certification Minn. Stat. § 118A.04, All government entities must provide a copy of the broker subd..9 notification and certification form to their brokers annually. A "broker" includes anyone who transfers, purchases, sells, or obtains securities for or on behalf of a government entity and is one of the following: ♦ A broker ♦ A broker - dealer ♦ An investment advisor ♦ An agent of a government entity See Part IV. Sample A city cannot enter into a transaction with a broker until the form has broker certification form been completed by the broker and returned to the city. The form is designed to document compliance with the following requirements: City Deposits and Investments 12 Minn. Stat. § 118A.04, The broker must be given a written statement of investment subd. 9(b) restrictions and notification that all future investments are to be made in accordance with Minnesota statutes governing the investments of public funds. This must be done annually. Minn. Stat. § 118A.04, The broker must acknowledge the receipt of the investment subd. 9(c) restrictions. This must be done annually. See Part IV. Sample A current copy of the form is available from the State Auditor's broker certifrcation form Office. A copy is also included with this memo. C. Permitted investments Cities are authorized to invest in a number of different types of investments. These generally include government securities (U.S., state, and local), some commercial paper, time deposits, certain temporary general obligation bonds, and some debt service funds. Included under some of these instruments are U.S. Treasury and government agency securities, banker's acceptances, money market funds, mutual funds, and repurchase and reverse repurchase agreements. Please note that many of these instruments must meet certain criteria. These are discussed in further detail in the following sections. 1. United States government securities Minn. Stat. § 118A.04, 'These are direct debt issues of the federal government. Public funds subd. 2 may be invested in these instruments, which include the following: ♦ Government bonds; ♦ Notes; ♦ Bills; ♦ Mortgages (except for high -risk mortgage- backed securities); ♦ Other securities which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. Minn. Stat. § 118A.04, A certificate of deposit secured by a letter of credit from a home loan subd. 2 bank is not permitted as a direct investment. - - - _ __ _ -- - - -- - - -- -- - - - - -- — - -- - --------------- -- City Deposits and Investments 13 2. State and local municipal securities Minn. Stat. § 118A.04, Funds may be invested in the following types of state and local subd. 3 securities: ♦ A general obligation of any state or local government with taxing powers which is rated "A" or better by a national bond rating service; ♦ A revenue obligation of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service; . ♦ A general obligation of the Minnesota Housing Finance agency which is a moral obligation of the state of Minnesota and is rated "A" or better by a national bond rating agency. 3. Commercial paper Minn. Stat. § 118A.04, These are short-term unsecured promissory notes that are issued by subd. 4 corporations. Cities may invest in commercial paper issued by U.S. corporations or their Canadian subsidiaries. These must be rated in the highest quality category by at least two nationally recognized rating agencies and must mature in 270 days or less. 4. Time deposits Minn. Stat. § 118A.04, Examples of time deposits include savings accounts or certificates of subd. 5 —also see Part II deposits that are made for a fixed term, but can be withdrawn early with notice. Funds may be invested in time deposits that are fully insured by the FDIC or in bankers acceptances of United States banks. Minn. Stat. § 118A.04, A certificate of deposit secured by a letter of credit from a home loan subd. 2 bank is not permitted as a direct investment. 5. Temporary general obligation bonds Minn. Stat. § 118A.04, These are temporary bonds that are guaranteed by the full faith and subd. 7 credit of a public entity. Funds may be invested in general obligation temporary bonds of the same governmental entity that were issued under Minn. Stat. §§ 429.091, subd. 7; 469.178, subd, 5; or 475.6 1, subd. 6. This would generally include the following types of bonds: __ sits - - -- --- - -- -- - - - - -- - - -- - - -- -- - - - -- - -- -- - - - - -- -- - - - -- - -- - City Deposits - and Inn vestments 14 See Minn. Stat. § 429.091, General obligation temporary improvement bonds; subd. 7 See Minn. Stat. § 469.178, Temporary bonds issued for tax increment financing subd.5 economic development purposes that mature within three years. These bonds must have been issued in anticipation of the issuance of other types of bonds. These other types of bonds include general obligation bonds of a city. Also included are revenue bonds and general obligation bonds of an EDA, HRA, Port Authority, and other similar entities; See Minn. Stat. § 475.61, Temporary obligations issued for any lawful purpose that subd. 6 mature in three years or less. These bonds must have been issued in anticipation of the issuance of permanent obligations. 6. Debt service funds Minn. Stat. § 118A.04, Money held in a debt service fund may be used to purchase general subd. 8 or special obligations of an issue that is payable from the fund. The price may include a premium. Alternatively, such funds may be used to redeem any obligation of such issue prior to maturity in accordance with its terms. However, even though the securities representing this type of investment may be sold by the city at any time, the money received must remain part of the fund until used for the purpose for which the fund was created. Any obligation held in a debt service fund from which it is payable may be canceled at any time unless prohibited by a resolution or other instrument securing obligations payable from the fund. D. Permitted investment contracts and agreements There are also some types of investment contracts and agreements that cities may enter. These include certain types of repurchase agreements, reverse repurchase agreements, securities lending agreements, Minnesota joint powers investment trusts, and guaranteed investment contracts. Certain criteria must be met in order to use these vehicles. 1. Repurchase agreements A repurchase agreement is the sale of a government security by a banker or dealer who agrees to buy it back later. An investor who buys the security is paid interest for the time that he or she holds the security. The security usually does not reach its maturity date until after the bank or dealer repurchases the security. City Deposits and Investments 15 Minn. Stat. § 118A.05, Repurchase agreements may be entered into if they consist of subd. 2. Also see Minn. Stat. § 118A.04 collateral that is allowed as a direct city investment. The agreement can only be made with one of the following entities: ♦ A financial institution qualified as a city depository; ♦ A financial institution which is a member of the Federal Reserve System and whose combined capital and surplus is $10,000,000 or more; ♦ A primary reporting dealer in United States government securities to the Federal Reserve Bank of New York; OR, ♦ A securities broker - dealer licensed pursuant to chapter 80A, or an affiliate of it, regulated by the Securities and Exchange Commission (SEC) and maintaining a combined capital and surplus of $40,000,000 or more exclusive of subordinate debt. 2. Reverse repurchase agreements Minn. Stat. § 118A.05, A reverse repurchase agreement is very similar to a repurchase subd. 2. agreement. But with a reverse repurchase agreement, the city is the one who is selling the government security to the bank or dealer and buying it back later. Reverse repurchase agreements are often used to make cash available without suffering a penalty for early withdrawal of the investment. Reverse repurchase agreements may only be made with the entities that are permitted to make repurchase agreements with cities (see previous section). See following section. A reverse repurchase agreement may only be entered into for a period of 90 days or less and only to meet short-term cash flow needs. In no case may the proceeds from a reverse repurchase agreement be used for investments except for securities lending agreements. 3. Securities lending agreements Minn. Stat. § 118A.05, Securities lending agreements are similar to reverse repurchase subd. 3 agreements. An example seems the best way to illustrate how these agreements work. Initially, the city's securities are held by a bank and are "loaned" to a third party. The third party would provide cash or securities to the bank to collateralize the loan. The city and the bank would split the interest that is received on the loan. City Deposits and Investments 16 ♦ Repurchase agreements ♦ Reverse respurchase agreements ♦ Other securities lending agreements ♦ Minnesota joint powers investment trusts ♦ Guaranteed investment contracts ♦ U.S. securities ♦ State and local securities ♦ Commercial paper ♦ Time deposits ♦ Temporary obligation bonds ♦ Debt service funds 4. Minnesota joint powers investment trusts Laws 1997, Ch. 219, See. Cities may enter into agreements or contracts for shares of a 1, which amends Minn. Stat. § 118A.05, subd. 4 Minnesota joint powers investment trust, units of a short term investment fund, and shares of registered investment companies. These entities must meet certain criteria. City Deposits and Investments 17 Securities lending agreements may be entered into with a financial institution that has its principle executive office in Minnesota and meets one of the the following criteria: Minn. Stat. § 118A.05, ♦ It must be a financial institution qualified as a "depository" subd. 2(1) of public funds of the government entity; OR, Minn. Stat. § 118A.05, ♦ It must be a member of the Federal Reserve System and have subd. 2(2) combined capital and surplus equal to at least $10,000,000. Minn. Stat. § 118A.05, Securities lending transactions may also be entered into with the subd. 3 and subd. 2 same type of entities that can make repurchase agreements and reverse repurchase agreements with cities (see previous sections). Minn. Stat. §§ 118A.05 Note that the collateral instruments must meet the same criteria as and 118A.04 collateral as they must meet in order to be a direct city investment. In other words, the collateral must be an instrument in which the city could directly invest. The collateral for securities lending agreements are therefore restricted to the following types of securities: ♦ Repurchase agreements ♦ Reverse respurchase agreements ♦ Other securities lending agreements ♦ Minnesota joint powers investment trusts ♦ Guaranteed investment contracts ♦ U.S. securities ♦ State and local securities ♦ Commercial paper ♦ Time deposits ♦ Temporary obligation bonds ♦ Debt service funds 4. Minnesota joint powers investment trusts Laws 1997, Ch. 219, See. Cities may enter into agreements or contracts for shares of a 1, which amends Minn. Stat. § 118A.05, subd. 4 Minnesota joint powers investment trust, units of a short term investment fund, and shares of registered investment companies. These entities must meet certain criteria. City Deposits and Investments 17 a. Investment trust shares Cities can only use this if the joint powers investment trust is restricted to the following types of investments: Minn. Stat. § 118A.04 The League's 4M Fund and 4M Plus Fund are joint powers U.S. securities investment trusts. The 4M Fund is a short-term investment option ♦ designed specifically for Minnesota municipalities to provide safety, Contact Stefanie Adams daily liquidity, and a competitive yield. The 4M Plus Fund is a of Insight Investment complementary money market option designed to provide safety and Management 7275 or i- 800 - 33 33 -083-08 13 3 hd geld when compared to the traditional 4M Fund. The an enhanced col� for information about the 4M Plus Fund requires that deposits be maintained for at least 4M Fund and 4M Plus Fund. 30 days with a 24 -hour advance withdrawal notice. a. Investment trust shares Cities can only use this if the joint powers investment trust is restricted to the following types of investments: Minn. Stat. § 118A.04 ♦ U.S. securities Minn. Stat. § 118A.04 ♦ State and local securities Minn. Stat. § 118A.04 ♦ Commercial paper Minn. Stat. § 118A.04 ♦ Time deposits Minn. Stat. § 118A.04 ♦ Temporary obligation bonds Minn. Stat. § 118A.04 ♦ Debt service funds Laws 1997, Ch. 219, Sec. ♦ Any other security listed under joint powers investment trusts 1, which amends Minn. Stat. § 118A.05, subd. 4 b. Money market funds Laws 1997, Ch. 219, See. Cities may invest in shares of an investment company that is 1, which amends Minn. Stat. § 118A.05, subd. 4 registered under the Federal Investment Company Act of 1940 and holds itself out as a money market fund if BOTH of the following conditions are met: 17 CFR § 270.2a -7 ♦ It is a money market fund meeting the conditions of rule 2a -7 of the Securities and Exchange Commission (SEC); AND, ♦ It is rated in one of the two highest rating categories for money market funds by at least one nationally recognized statistical rating organization. C. Investment company shares Laws 1997, Ch. 219, See. Cities may also enter into agreements or contracts for shares of an 1, which amends Minn. Stat. § 118A.05, subd. 4 investment company that meets BOTH of the following criteria: City Deposits and Investments 18 ♦ It is registered under the Federal Investment Company Act of 1940, AND, ♦ Its shares are registered under the Federal Securities Act of 1933. In addition, the investment company's fund must meet ALL of the following criteria: ♦ The fund receives the highest credit rating; ♦ The fund is rated in one of the two highest risk categories by at least one nationally recognized statistical rating organization; AND, ♦ The fund is invested in financial instruments with a final maturity no longer than 13 months. (Note that the State Auditor's Office does not see this new requirement as mandating the sale of mutual funds that were lawfully purchased prior to January 1, 1997.) 5. Guaranteed investment contracts Minn. Slat. § 118A.05, Agreements or contracts for guaranteed investment contracts may subd. 5 be entered into if they are issued by or guaranteed by any of the following: ♦ United States commercial banks ♦ Domestic branches of foreign banks ♦ United States insurance companies or their Canadian subsidiaries Minn. Stat. § 118A.05, The credit quality of the issuer's or guarantor's short-term and long - subd. 5 term unsecured debt must be rated in one of the two highest categories by a nationally recognized rating agency. Should the issuer's or guarantor's credit quality be downgraded below "A," the government entiry must have withdrawal rights. E. Safekeeping of investments, contracts, and agreements Minn. Stat. § 118A.06 Investments, contracts, and agreements may be held in safekeeping by any of the following: City Deposits and Investments 19 Memo To: From: Dated: RE: -andum All Employees Clarence Kadrmas General Manager June 1, 2001 Policy Update to Business Related Vehicle Operation The following is the update to the policy regarding transportation of employees for the following purposes: a) Training Seminars b) Conferences c) Mutual Aid If air travel is required, employee(s) shall be responsible for their transportation to /from the airport. If employee utilizes a personal vehicle he /she shall be reimbursed at current IRS rates. Prior approval must be received from the Department Manager for any other modes of transportation (i.e. taxi, shuttles). If the Department Manager deems it necessary for the employee(s) to drive to the above - mentioned events, the following options are available: i) if available, the Department Manager shall provide a HUC vehicle, or 2) if no HUC vehicle is available, employee shall provide his /her own transportation. If employee uses a personal vehicle he /she shall be reimbursed at current IRS rates. Prior approval must be received from the Department Manager for any other modes of transportation (i.e. taxi, shuttles).