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05-87 Resolution, 03-02-1987RECORD OF RESOLUTIONS National Graphics Corp., Cols., O. ~ ng~~~('$ Form No. 6233-A Resolution ~'~'o 05-87 __ Passed -- ----I9_____-- RESOLUTION DESIGNATING FINANCIAL INSTITUTION(S) AS PUBLIC DEPOSITORY(S). WHEREAS, applications for active deposits have been received frem BancOhio National Bank, Bank One, the Ohio State Bank, and the Huntington National Bank, each of which has agreed to accept all or any part of the active deposits; and, WHEREAS, applications for interim deposits of the Village of Dublin, Ohio have been received from the following financial institutions, each of which has agreed to accept all or any part of the interim deposits at current market rates when said money becomes available; BancOhio national Bank, up to $8,000,000.00 Bank One, up to $15,000,000.00 Huntington National Bank, up to $7,000,000.00 Ohio State Bank, up to $5,000,000.00 Freedom Federal, up to $2,000,000.00 State Savings Bank, up to $5,000,000.00 and WHEREAS, Section 135.01(L) of the Ohio Revised Code provides that any municipal corporation which has adopted a charter may by ordinance set forth special provisions with resper_t to the deposit or investment of its public monies; and WHEREAS, the electors of the Village of Dublin have adopted a charter, and said charter provides that the Treasury Investment Board shall establish directions for the investment of interim and inactive monies of the Municipality; NOW, THEREFORE, BE IT ORDAINED by the Village of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That the active funds of the Village of Dublin be awarded for the two-year period commencing March 1, 1987, as follows: Huntington National Bank General Checking and Payroll Accounts Sank One Income Tax Account Section 2. That an investment policy prepared by the Treasury Investment Board to be kept on file in the office of the Director of Finance is hereby approved which may be amended or modified as set forth in said policy. Section 3. That the Director of Finance is authorized and directed to enter into the necessary agreements to implement this policy and to invest public monies pursuant to and in compliance with the terms of such policy; and Section 4. That the Director of Finance shall be relieved from any liability for the loss of any public monies deposited or invested pursuant to and in compliance with such policy; Section 5. That this Resolution shall take effect anal be in force immediately upon its passage. Passed this 2nd day of March , 1987. Mayor - Presiding Officer Attest: o ~~ ~~~`r.G'a.G4LJ Jerk of Coun it ~ Sponsor: Finance Director hereby certify that copies of this OrdinancPi°esol~~~'~n were posted in the Vif!a~e of Dublin in accordance wiih Sectior 731.25 of the Ohio Re~lise~! Code. Clerk of Council VILLAGE OF DUBLIN Investment and Depository Policy March, 1987 I. Objectives and Guidelines The following investment and deposit objectives will be applied in the management of Village funds. A. The primary objective of the Village's investment activities is the preservation of capital and the protection of investment principal. B. In investing public funds, the Village will strive to maximize the return on the portfolio but will avoid assuming unreasonable investment risks. C. The Village's investment portfolio will remain sufficiently liquid to enable the Village to mee*_ operating requirements which might be reasonably anticipated. D. The Village will diversify its investments to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. E. Banks vary in the services they provide, their service fees, interest rates on interim investments and the minimum compensating balances required for demand-deposit accounts. The Village's objective is to obtain good banking services while minimizing the cost of banking services to the Village. Investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the probable safety of their capital as well as the probable income to be desired. II. Active Deposito In order to obtain a diverse range of services, the Village shall maintain the general checking and payroll services in one depository. However, in order to better provide clear separation of the finance department functions, and to support the financial institutions located within the Village which offer competitive services, the income tax account shall be maintained in an alternative depository. III. Maturity To the extent possible, the Village will attempt to match its investments with anticipated cash flow requirements. Funds determined to be available which are not anticipated to be utilized for current fiscal year cash flow requirements may be invested in securities maturing more than two (2) years from the date of purchase provided said securities can be converted to cash through trade in a secondary market prior to maturity. Investment and Depository Policy Village of Dublin, Ohio March, 1987 Page Two IV. Diversity A. No more than 20% of the Village's investment portfolio will be placed with any particular issuer of commercial paper; and B. The Village's investment with any individual financial institution shall not constitute more than 30% of said institution's public funds. V. Authorized Financial Institutions and Dealers Securities shall be purchased only through financial institutions located within the United States or through "primary securities dealers" as designated by the Federal Reserve Bank. A list of these authorized institutions and dealers will be maintained by the Director of Finance. The Director of Finance: A. May make additions to the authorized list when the investment and deposit policy requirements are met; B. Sha11 make deletions from the list (1) if and as directed by ordinance of Village Council, (ii) upon failure of the financial institution to meet the foregoing investment and deposit policy requirements or (iii) upon request of the financial institution or dealer; and C. May make deletions from the list based on the following criteria or circum- stances: 1. Perceived financial difficulties of the financial institution or dealer; 2. Consistent lack of competitiveness by the financial institution or dealer; 3. Lack of experience or familiarity of the account representative in providing service to large institutional accounts; or 4. When deemed in the best interest of the Village. VI. Instruments Authorized The Director of Finance may invest on behalf of and in the name of the Village in the following instruments at a price not exceeding their fair market value: A. Government Securities 1. Negotiable direct obligations of the U.S. or obligations issued by Federal agencies the principal and interest of which are unconditicnally guaranteed by the United States, and bonds, notes, debentures, or other obligations or securities issued by any Federal government agency, whether or not they are guaranteed by the United States; including but not be limited to, the following: Investment and Depository Policy Village of Dublin, Ohio March, 1987 Fage Three Direct Obligations: Treasury bills Treasury notes Obligations of Federal Agencies: Government National Mortgage Association (GNMA) Small Business Association (SBA) Federal Housing Administration (FHA) Federal Home Administration (FMHA) General Services Administration (GSA) 2. Obligations of the Federal Farm Credit Banks, Export-Import Bank of Washington, Federal Home Loan Mortgage Corporation, or Federal Home Loan Bank or its district banks, including Federal Home Loan Mortgage Corporation participation certificates, or obligations guaranteed by the Government National Mortgage Association. B. Non-Negotiable Interest Bearing Time Certificates of Deoosit and Savi Arrnnntc Non-negotiable Interest Bearing Time Certificates of Deposits and savings accounts in banks organized under the laws of this State, national banks organized under the laws of the United States, doing business and situated in this State, savings and loan associations located in this State and organized under Federal law and under Federal supervision, provided that any such deposits and savings accounts are secured by collateral. as prescribed herein. C. Negotiable Interest Bearing Time Certificates of Deposit Negotiable Interest Bearing Time Certificates of Deposit issued by institutions which are ranked nationally as being in the top fifty (50) in asset and deposit size within their industry, as disclosed annually by Business Week Magazine,: provided that any such deposits are secured by collateral as prescribed herein. D. Bankers Acceptances Bankers Acceptances whichare eligible for purchase by the Federal Reserve System and which are issued by institutions which are ranked nationally as being in the top fifty !(50) in asset and deposit size, as disclosed annually by Business WeekMagazine, within their industry. E. Repurchase Agreements and Reverse Purchase Agreements Repurchase Agreements of a bank or savings and loan association organized under the laws of the Unitled States or any State thereof and Reverse Investment and Depository Policy Village of Dublin, Ohio March, 1987 Page Four Repurchase Agreements for negotiable direct obligations of the United States, Federal agencies, and Federal instrumentalities of the following types: 1. United States Treasury bills and notes. 7. Government National Mortgage Association (GNMA). 3. Federal Farm Credit Bank obligations. 4. Federal Home Loan Bank obligations. F. Commercial Paper/Corporate Bonds Commercial notes of any United States company provided that such notes are rated "prime" (P-1) by Moody's Investors Service and (A-1) by Standard Poor's. Collateralized commercial paper. Medium term corporate notes rated "prime" (P-1) by Moody's Investors Service and (A-1) by Standard Poor's. G. Money Market Funds Money market funds whose portfolios consist of the foregoing (A-F). H. Now Accounts Now Accounts, Super Now Accounts or any other si-milar account authorized by the Federal Reserve's Depository Institutions' Deregulation Committee. VII. Collateralization of Non-Negotiable Interest Bearing Time Certificates of Deposit and Savings Accounts A. All deposits of Village funds in non-negotiable interest bearing time certificates of deposit made by the Village and all savings accounts or NOW Accounts of the Village shall be secured by pledged collateral in an amount equal to at least 100% of the deposit less an amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. All securities shall be pledged at market value. The following securities shall be eligible to be pledged as collateral for purposes of this section: 1. Bonds, notes or other obligations of the United States; or bonds, notes or other obligations guaranteed as to principal and interest by the United States or those for which the faith of the United States is pledged for the payment of principal and interest thereon, by language appearing i.n the instruments specifically providing such guarantee or pledge and not merely by interpretation or otherwise; Investment and Depository Policy Village of Dublin, Ohio March, 1987 Page Five 2. Bonds, notes, debentures or other obligations or securities issued by any Federal Government agency, or the Export-Import bank of Washington, bonds, notes, or other obligations guaranteed as to principal and interest by the United States or those for which the faith of the United States is pledged for the payment of principal and interest thereon, by interpretation or otherwise and not by language appearing in the instruments specifically providing such guarantee or pledge; 3. Bonds and other obligations of this State; 4. Bonds and other obligations of any county, township, school district, municipal corporation, or other legally constituted taxing subdivision of this State, which is rot at the time of such deposit, in default in the payment of principal or interesC or on any of its bonds or other obligations, for which the full faith and credit of the issuing subdivision is pledged; 5. Bonds of other states of the United States which have not during the ten years immediately preceding the time of such deposit defaulted in payments of either interest or principal on any of their bonds; Any and all securities pledged as collateral by any institution where Village investments have been made shall be delivered either to the Director of Finance as security for the repayment of public monies or to an independent third party financial institution approved by the Director of Finance serving as trustee (the trustee) under a trust agreement. Fees and expenses of the trustee shall be paid by the depository. If the depository fails to pay over ary part of a deposit due the Village, the Director of Finance shall have the option to sill in the manner determined by the Director of Finance any of the bonds or other securities deposited with him pursuant to the provisions of this policy. If the bonds or other securities are on deposit with a trustee, the Director of Finance may request the trustee to deliver to the Director of Finance any of the bonds or other securities on deposit with the trustee and the Director of Finance shall have the option to sell such bonds or other securities in the manner determined by the Director of Finance. When a sale of bonds or other securities has been made and upon payment to the Director of Finance of the purchase money, the Director of Finance shall transfer such bonds or securities whereupon the absolute ownership of such bonds or securities shall pass to the purchasers, and any surplus remaining after deducting the amount due the Village and expenses of the sale shall be paid to the depository. B. tdhen the depository has deposited eligible securities as described in this policy with a trustee for safekeeping, the depository may at any time Investment and Depository Policy Village of Dublin, Ohio March, 1487 Page Six substitute or exchange eligible securities having a current market value equat to or greater than the current market value of the securities then on deposit and for which they are to be substituted or exchanged only: 1. If the Director of Finance has authorized the depository to make s~ich substitution or exchange on a continuing basis during a specified period without prior approval of each substitution or exchange. Such authorization may be affected by the Director of Finance by sending to the trustee a written notice stating that substitution may be affected on a continuing basis during a specified period which shall not extend beyond the end of the period of designation during which the notice is given. The trustee may rely upon such notice, and upon the period of authorization stated therein; 2. If no continuing authorization for substitution or exchange has been given by the Director of Finance, the depository notifies the Director of Finance and the trustee of an intended substitution or exchange, and the Director of Finance fails to object to the trustee within ten business days after the date appearing on the notice of proposed substitution. The notice to the Director of Finance and to the trustee shall be given in writing and delivered personally or by certified or registered mail with a return receipt requested. The trustee may assume in such case that the notice has been delivered to the Director of Finance; 3. If the Director of Finance gives written authorization for a substitution or exchange of specific securities. The depository shall notify the Director of Finance of any substitution or exchange of securities authorized by this policy. Upon request from the Director of Finance, the depository and/or the trustee shall furnish a detailed statement of the. securities pledged to the funds of the b'illage. The detailed statement will provide the value of all securities pledged at face value and the then current market value. C. titith the approval of the Director of Finance, a despository may provide collateral for deposits of Village funds in non-negotiable interest bearing time certificates of deposit and for savings accounts or now accounts of the Village through a single pool of securities pledged toward all deposits of public funds held by the depository. The "pooled collateral" option is subject to the following conditions: 1. Securities committed to the pool must have a market value at least equal to 110% of all public monies on deposit with the depository including the amount covered by Federal deposit insurance. Investment and Depository Policy Village of Dublin, Ohio March, 1987 Page Seven 2. The securities eligible for deposit in the pool shall be those described in paragraph A of this section. 3. The securities constituting the pool shall be delivered to a trustee as described in paragraph A of this section. Fees and expenses of the trustee shall be paid by the depository. 4. If the depository fails to pay over any part of the deposits due the Village, the Director of Finance may request the trustee to deliver to the Director of Finance any of the securities on deposit with the trustee, not to exceed the amount necessary to produce an amount equal to the deposits made by the Director of Finance and not paid over to the Village, less the portions of the deposits covered by federal deposit insurance, plus any accrued interest due on the deposits; a.nd in any event, not to exceed the Village's proportional security interest in the market value of the pool as of. the date of the depository's failure to pay over the deposits as such interest and value are determined by the trustee. The Director of Finance shall have the option to sell such securities in the manner determined by the Director of Finance. Any surplus remaining after deducting the amount due the Village and expenses of the sale shall be paid to the depository. 5. The institution will provide a detailed quarterly statement of the face and market value of all securities pledged to the pool within 30 days of the end of each quarter. The institution will also disclose the total amount of public funds on deposit in each quarterly statement. 6. If at ary time the market value of the pool is less than 110% of all public deposits held by the trustee, it is the responsibility of the depository to immediately add sufficient securities to the pool in an amount that will bring the market value of the pool to at least 110% of all public funds on deposit with the trustee. 7. Failure of the institution to abide by any of the provisions of this section is cause for immediate suspension of the institution as a qualified depository for any Village funds. VIII. Competitive Bidding The purpose of competitive bidding is to strengthen the investment program in terms of level and consistency of performance. All sales of securities will be bid competitively and to the extent practical all inves*_ments wilt. be placed with vendors yielding the highest returns t.o the Village. The right is reserved to reject the bid yielding the highest return of interest on any investments if inconsistent with the Village investment strategy, i.e., maturity, risk, liquidity, etc. Investment and Depository Policy Village of Dublin, Ohio March, 1987 Page Eight Price and rate quotations on all and outside the Village. In the purchase of securities where all Director of Finance to be equal, banking institution situated wit the same. trades may be obtained from sources within case of the sale of securities or the other factors are considered by *_he placement will be made in favor of the zin the Village if two bids or more are No financial institution will be given deposits of monies needed for operations without going through an open and fair competitive process. To ensure the Village of Dublin will receive the best service possible; and that other financial institutions will have an equal opportunity to competitively bid future years; the Village will competitively seek bids for a central depository bank through a request for proposals at least every three (3) years, beginning in 1987. As stated in this policy, the Village will competitively bid and invest part of all of its surplus or excess funds outside the designated central depository bank. However, this practice will not limit the central depositary bank from competitively bidding on the Village's investment business as would any other financial institution. IX. Reporting The Director of Finance will be responsible for providing regular reports (at least quarterly) to Vil?age Council about the Village's investment activities. The report should include at ?east the details of the Village's portfolio by institution and instruments. X. Poolin¢ of Funds The Director of Finance is authorized to pool cash balances from the several different funds of the Village for investment purposes. XI. Policy Changes The policies as stated herein may be changed only with the approval of Village Council. RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 3Q045 32-09 Resolartinn No. Passed ,~0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE MID-OHIO REGIONAL PLANNING COMMISSION (MORPC) IN ORDER TO ACCEPT FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS DESIGNATED FOR THE REALIGNMENT OF INDUSTRIAL PARKWAY AND WIDENING OF SR 161 IMPROVEMENT PROJECT (ODOT PID NUMBER 86464) WHEREAS, the City of Dublin desires to improve traffic safety, operations and efficiencies of the roadway system including and around the US 33/SR 161/Post Road interchange; and WHEREAS, a major component in improving the interchange area is the realignment of Industrial Parkway and the widening of a portion of SR161; and WHEREAS, the Dublin Community Plan promotes working cooperatively with surrounding jurisdictions in regional transportation planning and programming; and WHEREAS, the City of Dublin and the Ohio Department of Transportation (ODOT) Director of Transportation have agreed to cooperatively plan, design and construct the identified transportation improvement projects; and WHEREAS, the Mid-Ohio Regional Planning Commission (MORPC) has elected to use a portion of its allocation of transportation funding from the American Recovery and Reinvestment Act (ARRA) to fund the improvements of Industrial Parkway and SR 161; and WHEREAS, it is necessary to execute a Memorandum of Understanding with MORPC to accept certain conditions in order to receive $1,000,000 in ARRA funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1: The City Manager is hereby authorized to enter into a Memorandum of Understanding with MORPC in order to accept ARRA funds for the Realignment of Industrial Parkway and Widening of SR 161 Improvement Project. Section 2: This resolution shall take effect upon adoption in accordance with Section 4.04(a) of the Revised Charter. Passed this ~,~ day of ~ , 2009. !1 ~ ~ Mayor -Presiding Officer Attest: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 CITY OF DUBLINa Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of Dublin City Council From: Terry Foegler, City Manager Date: June 25, 2009 U Initiated By: Barbara A. Cox, PE, Engineering Manager -Development Re: Resolutions 31-09 and 32-09 Authorizing the City Manager to Enter into Agreements to Accept American Recovery and Reinvestment Act Funds (ARRA) Summary In April, staff submitted the necessary applications to the Ohio Department of Transportation (ODOT) requesting the US 33/SR 161/Post Road interchange project and Industrial Parkway/SR 161 improvement projects be considered for funding through the American Recovery and Reinvestment Act (ARRA). These projects were considered by both ODOT and the Mid-Ohio Regional Planning Commission (MORPC) for those ARRA funds both agencies have been designated to manage. The City of Dublin has been awarded a grant of SI,000,000 from the MORPC sub-allocation of the ARRA funds for the Industrial Parkway/SR 161 improvements. In order to receive these funds, the City is required to execute the Memorandum of Understanding (MOU) with MORPC. The MOU states that the project is to meet ODOT requirements for design and plan development, that the funding can be forfeited if plan and right-of--way clearance is not received by December 2009, that MORPC will not replace the funding from other sources or fund cost ovemms, and that the City will fund all other project costs and perform reporting as required by the ARRA. ODOT will administer the funds for MORPC and requests that Dublin enters into a project agreement identifying the requirements associated with the Federal funds and establishing the responsibilities for the administration of the project. A copy of the ODOT LPA (Local Public Agency) Federal Local-Let Project Agreement is attached. The ODOT agreement contains many of the same requirements of the City. This agreement requires additional specifications to be included in the City's bid document, a Disadvantaged Business Enterprise (DBE) goal to be set, job creation posting to the appropriate state websites, and monthly reporting by both the contractor and the City. Engineering, Finance and Legal staff have reviewed both agreements and have no suggested revisions to the documents. The project has been programmed in the City's Capital Improvement Program, and the City will issue debt to fund its share of the project. Costs may be added to this project due to the requirements of obtaining federal funds, including federal prevailing wage rates (versus state prevailing wage rates), disadvantaged business requirements, reporting requirements, and contract administration requirements. Staff recently met with representatives of ODOT and MORPC to discuss the status of the project and to review the requirements due to the addition of federal dollazs for the funding of the project. The following schedule was determined at the meeting: Tracings Complete (to District 6) July 15, 2009 Sale (Bid Opening) September 24, 2009 Award October 5, 2009 Recommendation Staff recommends approval of Resolutions 31-09 and 32-09 to secure the awazded ARRA funds. Memorandum of Understanding Between the City of Dublin and the Mid-Ohio Regional Planning Commission (MORPC} Whereas, the United States Government is providing transportation funding through the American Recovery and Reinvestment Act (ARRA} including asub-allocation of approximately $28 million to MORPC; and Whereas, use of these funds entails fulfilling all federal and state requirements by following the Ohio Department of Transportation's (ODOT} Project Development Process (PDP} including federal obligation of funds by March 2, 2010; and Whereas, if ARRA funding is not obligated on time it will be lost to the region and the state, now therefore The City of Dublin and MORPC agree as follows: 1. MORPC agrees to assign $1,000,000 of its sub-allocation of ARRA funds to the City of Dublin for the realignment of Industrial Parkway and State Route 161.ODOT identifies the project as U N I-S R 161-12.980, PI D 86464. 2. By accepting these funds, the City of Dublin agrees that: a. It will follow the ODOT requirements in developing its ARRA project. b. It has reviewed its project's development status, its project development capabilities and therefore pledges it can obtain environmental and right-of--way clearance and file complete and acceptable plans with ODOT by December 2009, and it can obtain federal funding obligations for the project by March 2, 2010. c. It understands that failure to meet the obligation deadline on time will result in forFeiture of the ARRA funding and MORPC will not replace the funding. d. In the event it cannot maintain the project schedule to achieve obligation by March 2, 2010, it will notify MORPC and ODOT as early as possible so MORPC may reallocate the funding to other projects that can meet the obligation deadline. e. In the event that MORPC and ODOT judge the project's progress will not permit it to achieve obligation by the March 2, 2010 deadline, it agrees MORPC may reassign the ARRA funds to another project. f. It recognizes that because of the special nature of the ARRA funds, MORPC will allocate all ARRA funds to projects, and no additional funding will be available for project cast overruns. g. It understands that ARRA funds are not a grant and are provided on a cost reimbursement basis. It will cover all project costs in excess of the ARRA commitment from non-ARRA sources to complete the project. It will make a good faith effort to fulfill MORPC's policy of routine accommodations for bicyclists and pedestrians. It agrees to provide reporting required by federal law and to meet the requests of Congress and the state of Ohio. Terry D. Foegler City Manager City of Dublin Date Chester R. Jourdan, Jr. Date Executive Director Mid-Ohio Regional Planning Commission