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Ordinance 87-065ORDINANCE NO. 87- 65 AN OPJ3INANCE AUTHORIZING THE INVESTMENT AND REINV£S~'MENT OF SURPLUS PUBLIC FUNDS BY THE CLERK TO THE BOARD ON BEHALF OF AND IN THE NA~4E OF THE BOARD OF COUNTY COMMISSIONERS; AUTHORIZING THE INVESTMENT AND REINVESTMENT OF SUCH SURPLUS FUNDS IN INVESTMENT SECURI- REQUIRING THAT A CASH MANAGEMENT AND INVEST~LENT POLICY BE ADOPTED PURSUANT TO RESOLUTION OF THE BOARD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1981, the Board of County Commissioners authorized the Clerk to the Board to invest surplus public funds in the Local Government Surplus Funds Trust Fund pursuant to Section 125.31(1) (a}, Florida Statutes; and WHEREAS, Section 125.31, Florida Statutes, provides that the Board of County Commissioners may adopt an ordinance to authorize investment opportunities in addition to those set forth in Section 125.31(1) (a)-(e); and WHEREAS, it is the desire and intent of the Board of County Commissioners to authorize additional investments for surplus public funds in order to seek a higher rate of return on such funds; and WHEREAS, the Board also wishes to establish a policy for the cash management and investment alternatives applicable to said surplus funds; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. In accordance with. a Cash Management and Investment Policy established by the Board of County Commissioners by Resolution, the Clerk to the Board is h~reby authorized to purchas~ and sell investment securities at prevailing market prices/rates on behalf of and in the name of the Board of County Commissioners when, in the judgment of the Clerk to the Board, (a) sufficient surplus funds have accumulated in the accounts of the Board of County Commissioners, or (b) The Board of County Commissioners has on hand or has accumulated monies by reason of the sale of its own securities. The Clerk to the Board, in accordance with the Cash Management and Investment Policy adopted by the Board, shall pay the proceeds of such security sales into the proper accounts or funds of the Board of County Commissioners. SECTION TWO. Upon adoption of this Ordinance, the Clerk to the Board shall prepare and propose to the Board of County Commissioners a Cash Management and Investment Policy which shall address, at a minimum, the issues of general investment objectives, types of instruments to be selected, maturity, risk and diversification of investments, and investment institutions, issuers and dealers to be selected. Upon review of the Clerk's proposed policy and such other matters as the Board may deem appropriate, the Board shall establish a Cash Management and Investiment Policy by resolution. In addition, the Clerk to the Board shall establish appropriate written internal control and investment procedures which shall address, at a minimum, master accounts, separation of functions, investment delivery and payment procedure, custodial arrangements, trust receipts and confirmation, performance evaluations and operations auditing and reporting, both interim and annual. Such procedures shall be reviewed periodically as may be determined by the Clerk to the Board to assure optimum fiscal control. SECTION THREE. This Ordinance is not intended to and shall not be interpreted to abrogate an~ provision contained in any bond resolution or ordinance of the Board of County Commissioners relating to the investment of bond proceed~ temporarily available in specific funds or accounts. SECTION FOUR: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~/~day of ~~~-~87. ATTEST: JAMES C. GILES, Clerk 'Ap. proved,aS to form and Kenneth B~ Cuyler~ County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This ordln~nce filed with the Secre~ry of State's Office the ~--.s~.--~lay~'"~' of ~--~-t-ef~/?''~-~ and acknowledgement of that filing, received this-,~'~/day STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in amd for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-65 which was adopted by the Board of County Commissioners on the 25th day of August, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of August, 1987, - JAMES C. GILES ~', Clerk of Courts ar%d Clerk Ex-officio to Board of' County~ommissi~er~ ' - ..&/ .... -,~:.'~' F~ "' .- ~y: vzrglnza Magrk~ -- -. ..' Deputy Clerk '-~,~;'....;. .... :7.7 !,~,- 05