ARTICLE 7: INVESTMENT OF PUBLIC FUNDS
Section
   1-701   Purpose and goals
   1-702   Active funds; designation of depositories; eligible depositories
   1-703   Definitions
   1-704   Investment of idle funds
   1-705   Procedures and restrictions
   1-706   Custody and safekeeping
   1-707   Sale or transfer
   1-708   Interest on time deposits
§ 1-701 PURPOSE AND GOALS.
   (a)   It is the purpose of this statement to set forth the public policies of the city relating to the investment of public monies, and establish procedural requirements as to investment management practice.
   (b)   The objective of the investment policy and program of the city shall be as follows.
      (1)   The safeguarding of all public monies shall be of the highest priority. Public money shall not be invested or managed in any matter which would jeopardize the safety of the principal.
      (2)   Consistent with the requirement of safety, the objective of the investment program shall be to aggressively manage and invest all public monies to maximize net earnings, consistent with the public responsibility to secure maximum, safe investment return possible from monies assigned to its stewardship, to relieve demands on the property tax, and to otherwise reduce the cost of public services.
§ 1-702 ACTIVE FUNDS; DESIGNATION OF DEPOSITORIES; ELIGIBLE DEPOSITORIES.
   (a)   The governing body shall designate the banks, savings and loan associations and savings banks which shall serve as depositories of its funds. The Clerk, Treasurer or other city officer or employee having the custody of city funds shall deposit such funds only at the designated banks, savings and loan associations and savings banks. Only banks, savings and loan associations and savings banks that have main or branch offices in the county shall be designated as official depositories. No such bank, savings bank or savings and loan association shall be designated as a depository until the city is assured that it can obtain satisfactory security for its deposits.
   (b)   The Clerk, Treasurer or other city officer or employee depositing public funds shall deposit all such public funds coming into such person’s possession in his, her or their name and official title as such officer. If the governing body fails to designate an official depository or depositories, the officer thereof having custody of city funds shall deposit such funds with one or more banks, savings and loan associations or savings banks which have main or branch offices in the county if satisfactory security can be obtained therefor and if not then elsewhere. In such event, the officer or employee shall serve notice in writing on the governing body showing the names and locations of such banks, savings and loan associations and savings banks where such funds are deposited and upon so doing the officer or employee having custody of such funds shall not be liable for the loss of any portion thereof except for official misconduct or for the misappropriation of such funds by the officer or employee.
   (c)   If eligible banks, savings and loan associations or savings banks under divisions (a) or (b) above cannot or will not provide an acceptable bid, which shall include services for the depositing of public funds under this section, then banks, savings and loan associations or savings banks that have main or branch offices in any immediately adjoining county may receive deposits of the city’s active funds, if such banks, savings and loan associations or savings banks have been designated as official depositories under division (a) above and the city can obtain satisfactory security therefor.
§ 1-703 DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BANK. Any bank incorporated under the laws of the state or any other state, or organized under the laws of the United States and which has a main or branch office in the state.
   BRANCH. Any office within this state, other than the main office, that is approved by a federal or state supervisory agency at which deposits are received, checks paid or money lent. BRANCH does not include an automated teller machine, remote service unit or similar device or a loan production office.
   INVESTMENT RATE. A rate which is the equivalent yield for United States government securities having a maturity date as published in the Wall Street Journal, nearest the maturity date for equivalent maturities. The zero- to 90-day rate shall be computed on the average effective federal funds rate as published by the Federal Reserve System for the previous week.
   MAIN OFFICE. The place of business specified in the articles of association, certificate of authority or similar document, where the business of the institution is carried on and which is not a branch.
   SAVINGS AND LOAN ASSOCIATION. Any savings and loan association incorporated under the laws of the state or any other state, or organized under the laws of the United States and which has a main or branch office in the state.
   SAVINGS BANK. Any savings bank organized under the laws of the United States and which has a main or branch office in the state.
(K.S.A. 12-1675a)
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