AUTHORIZING THE CITY OF WOONSOCKET TO FINANCE THE UNFUNDED PENSION LIABILITY OF THE CITY OF WOONSOCKET, BY THE ISSUANCE OF NOT MORE THAN $90,000,000 BONDS THEREFOR
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Introduced By: Senators Cote, Kelly, and Badeau |
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Date Introduced: January 10, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The city of Woonsocket is hereby empowered to
issue at one time or from time to time, bonds to an amount not exceeding ninety
million dollars ($90,000,000) in order to finance all or part of its respective
unfunded pension liability and the costs of issuing the bonds. The bonds of each issue may be issued in the
form of serial bonds or term bonds or a combination thereof and shall be
payable either by maturity of principal in the case of serial bonds or by
mandatory serial redemption in the case of term bonds, in annual installments
of principal, the first installment to be not later than eighteen (18) months
and the last installment not later than forty (40) years after the date of
their issuance. All such bonds of a particular issue may be issued in the form
of zero coupon bonds, capital appreciation bonds, serial bonds or term bonds or
a combination thereof. Annual
installments of principal may be provided for by maturity of principal in the
case of serial bonds or by mandatory serial redemption in the case of term
bonds. The amount of principal appreciation each year on any bonds, after the
date of original issuance, shall not be considered to be principal indebtedness
for the purposes of any constitutional or statutory debt limit or any other
limitation. The appreciation of
principal after the date of original issue shall be considered interest. Only
the original principal amount shall be counted in determining the principal
amount so issued and any interest component shall be disregarded.
SECTION
2. The bonds shall be signed by the manual or
facsimile signatures of the city treasurer and mayor and shall be issued and
sold in such amounts as the city council may authorize by resolution. As a
condition precedent to the issuance of bonds, the city shall retain the
services of a financial advisor to assist in the structuring and sale of the
bonds, and such financial advisor shall not underwrite the bonds or participate
in any underwriting syndicate or selling group which purchases or sells the
bonds. The manner of sale, denominations, maturities, interest rates and other
terms, conditions and details of any bonds issued under this act may be fixed
by proceedings of the city council authorizing the issue or by separate resolution
of the city council or, to the extent provisions for these matters are not so
made, they may be fixed by the officers authorized to sign the bonds. Interest
coupons (if any) shall bear the manual or facsimile signature of the city
treasurer. Bonds issued hereunder may
bear interest at such rate or rates, including rates variable from time to time
as determined by such index, banker's loan rate or other method of
determination as the city treasurer and mayor shall select, and may be sold for
such price, at a premium or at a discount, as the city treasurer and mayor may
determine. In addition to any other
security provided by law, bonds issued hereunder may, in the discretion of the
city treasurer and mayor, and without any further action of the city council,
be secured or supported, in whole or in part, by insurance or by lines or
letters of credit or other credit or liquidity facilitates provided by any
bank, trust company, insurance company or other financial institution. In
addition, in connection with or subsequent to the issuance of bonds hereunder,
the city treasurer and mayor may enter into such contracts as they may
determine to be necessary or appropriate to place such bonds, in whole or in
part, on such interest rate or cash flow basis as they may desire, including
without limitation interest rate swap agreements, insurance agreements, forward
payment conversion agreements, futures contracts, contracts providing for
payments based on levels of, or changes in, interest rates or stock or other
indices, contracts to exchange cash flows or a series of payments and contracts
to hedge payment, rate, spread or similar exposure, including without
limitation interest rate floors or caps, options, puts and calls. Such
contracts shall contain such payment, security, default, remedy and other terms
and conditions as the city treasurer and mayor may select, after giving due
consideration, where applicable, for the creditworthiness of the counterparty
or counterparties, including any rating by a nationally recognized rating
agency or any other criteria as may be appropriate. The proceeds derived from
the sale of the bonds shall be delivered to the city treasurer, and such
proceeds, exclusive of premiums and accrued interest, shall be (a) deposited in
the city's pension plan to finance the unfunded pension liability of the city
and (b) expended for payment of costs in connection with the issuance of the
bonds including capitalized interest, if any. No purchaser of any bonds under
this act shall be in any way responsible for the proper application of the
proceeds derived from the sale thereof. The proceeds of bonds issued under this
act shall be deemed appropriated for the purposes of this act without further
action than that required by this act. The bonds authorized by this act may be
consolidated for the purposes of issuance and sale with any other bond issue of
the city heretofore or hereafter authorized, provided that notwithstanding any
such consolidation, the proceeds from the sale of the bonds authorized by this
act shall be expended for the purposes set forth above.
SECTION
3. Capitalized Interest. - Proceeds of the pension obligation bonds may be used
to capitalize interest expense on the pension obligation bonds subject to the
following limitations: (a) a municipality is authorized to capitalize interest
in an aggregate amount not to exceed twelve (12) months of interest expense on
the pension obligation bonds; and (b) capitalized interest shall be applied to
payment of debt service in such a manner that not more than fifty percent (50%)
of any interest payment shall be funded with capitalized interest.
SECTION
4. Any proceeds of bonds issued hereunder shall be
invested by the board of investment established by the city pursuant to the
city charter in investments which are legal for investment by the state
investment commission pursuant to Chapter 10 of Title 35 of the Rhode Island
General Laws (the "State Investment Commission"). The board of investment shall
develop an investment policy for investments in the pension plan with the
assistance of a nationally recognized pension investment advisor. So long as
any bonds issued pursuant to this act are outstanding, the city shall continue
to retain a nationally recognized pension investment advisor who shall be approved
by the State Investment Commission to advise the board regarding investment of
the bond proceeds. The city and the State Investment Commission are each hereby
authorized to enter into agreements with respect to the investment of any
proceeds of bonds issued hereunder, with the resulting transactional cost
savings passed on to the city, provided, however that if any bond proceeds are
commingled with other funds for purposes of investment, that appropriate
records shall be maintained of the investments or portions thereof held for the
account of the city's pension plan for police and firefighters.
SECTION
5. Any accrued interest received upon the sale of
bonds hereunder shall be applied to the payment of the first interest due
thereon. Any premium arising from the sale of bonds hereunder shall, in the
discretion of the city treasurer, be applied to the cost of preparing, issuing
and marketing bonds hereunder to the extent not otherwise provided, to the
payment of project costs, to the payment of the principal of or interest on
bonds issued hereunder or to any one (1) or more of the foregoing. The cost of preparing, issuing and marketing
bonds hereunder may also, in the discretion of the city treasurer, be met from
bond proceeds exclusive of premium and accrued interest or from other moneys
available therefor. Proceeds shall not be used to reimburse the municipality
for previous contributions to the system or any prior costs associated with the
system. In exercising any discretion
under this section, the city treasurer shall be governed by any instructions
adopted by resolution of the city council.
SECTION
6. All bonds
issued under this act and the debts evidenced thereby shall be obligatory on
the city in the same manner and to the same extent as other debts lawfully
contracted by it and shall be excepted from the operation of section 45-12-2 of
the general laws and the provisions of the city charter. No such obligation
shall at any time be included in the debt of the city for the purpose of
ascertaining its borrowing capacity.
The city shall annually appropriate a sum sufficient to pay the
principal and interest coming due within the year on bonds issued hereunder to
the extent that moneys therefor are not otherwise provided. If such sum is not
appropriated, it shall nevertheless be added to the annual tax levy. In order
to provide such sum in each year and notwithstanding any provision of law to
the contrary, all taxable property in the city shall be subject to ad
valorem taxation by the city without limitation as to rate or amount.
SECTION
7. Any bonds issued under the provisions of this act,
and coupons, if any, if properly executed by officers of the city in office on
the date of execution, shall be valid and binding according to their terms
notwithstanding that before the delivery thereof and payment therefor any or
all of such officers shall for any reason have ceased to hold office.
SECTION
8. The aggregate principal amount of
the bonds issued by the city under this act shall not be greater than the amount
sufficient to extinguish the unfunded pension liability and to pay the costs of
issuance of the bonds. For purposes of this act, "unfunded pension liability"
means the excess, if any, of the actuarial liability of the city's city-run
pension plan for police and firefighters over the actuarial value of the assets
in that pension plan. The actuarial liability of the pension plan and the
actuarial value of the assets in the plan shall be determined using the same
actuarial assumptions as are used by the Retirement Board, created by title 36,
chapter 8 of the General Laws of Rhode Island (the "State Retirement Board")
for purposes of determining municipal contributions under the optional
retirement for members of police force and firefighters established under
chapter 21.2 of title 45 of the general laws. Prior to the issue of any bonds hereunder, the city council
shall hold a public hearing on the proposed pension funding plan. The plan
shall include a report showing the (a) actuarial valuation of the assets in the
pension plan, (b) an actuarial analysis of the methods by which the city
proposes to fund the unfunded pension liability, (c) the amount of the bonds to
be issued, including the plan of
finance for the bonds (d) an explanation of the city's investment strategic
plan for the pension plan including, but not limited to, the investment policy
adopted by the board of investment and an asset allocation plan, (e) the
projected investment return for the pension plan, and (f) the projected present
value savings to the city reasonably expected to be achieved as a result of the
issuance of such bonds. The city of
Woonsocket shall not issue pension obligation bonds prior to nor more than six
(6) months, subsequent to the approval of the voters of the city of Woonsocket
unless another public hearing is held.
The city of Woonsocket shall renotify the voters of its intention to
issue pension obligation bonds and provide the voters through public hearing
with updated information and documentation in the manner and as described
above, if more than six (6) months will elapse between the date of the voter
approval and the proposed date of issuance of the pension obligation bonds.
After the public hearing and prior to the issuance of the bonds, the pension
funding plan shall be filed with the public finance management board
established pursuant to chapter 10.1 of title 42 of the Rhode Island General
Laws (the "Public Finance Management Board"). The city council shall institute
proceedings to determine that the issuance of the pension obligation bonds will
result in a financial benefit to the city. The city shall submit to the Public
Finance Management Board and to the State Auditor General, on or before
December 1 in each year, an annual report showing the financial transactions of
the pension plan for the fiscal year preceding that date. The annual report
shall contain, among other things, a financial balance sheet as of the end of
that year, a statement of income and expenditures, a valuation balance sheet as
prepared by the city's independent consulting firm, a detailed statement of
investments acquired and disposed of during the year, and any other statistical
data that are deemed necessary for a proper interpretation of the condition of
the pension plan and the results of its operations. The State Auditor General,
on the request of the city or of the Public Finance Management Board, shall
conduct a separate annual performance audit of the pension plan which shall
include a report on the actuarial valuation of the assets and liabilities of
the pension plan. The auditor general
may examine all records, files and other documents relating to the
pension plan, and evaluate all policies and procedures for purposes of
conducting the audit. The aforementioned performance audit shall be in addition
to the annual audit conducted by independent certified public accountants of
the financial statements of the city. So long as any bonds issued by the city
under this act are outstanding, if an annual report discloses that the assets
of the plan are not sufficient to fund the city's obligations to the pension
plan, the city shall make annual appropriations over a period not to exceed
five (5) years from the date of the annual report in order to amortize that
liability. So long as any bonds issued by the city under this act are
outstanding, the city shall not withdraw funds from the city-run pension plan
for police and firefighters for any purpose other than the payment of pension
and death benefits, return of employee contributions in appropriate cases, and
administrative expenses of operating the plan.
SECTION
9. Pending any authorization or issue of bonds hereunder, the city treasurer,
with the approval of the city council given by a resolution passed and approved
in the manner provided in the city charter, may, to the extent that bonds may
be issued hereunder, apply funds in the treasury of the city to the purposes
specified in section two, such advances to be repaid without interest from the
proceeds of bonds subsequently issued or from the proceeds of applicable
federal or state assistance or from other available funds.
SECTION
10. The city, acting by resolution of
its city council, passed and approved in the manner provided in the city
charter, is authorized to apply for, contract for and expend any federal or
state advances or other grants of assistance which may be available for the
purposes of this act, and any such expenditures may be in addition to the
moneys provided in this act. To the
extent of any inconsistency between any law of this state and any applicable
federal law or regulation, the latter shall prevail. Federal and state advances, with interest where applicable,
whether contracted for prior to or after the effective date of this act, may be
repaid as project costs under section two of this act.
SECTION
11. Bonds may
be issued under this act without obtaining approval of any governmental agency
or the taking of any proceedings or the happening of any conditions except as
specifically required by this act for such issue. In carrying out the financing under this act, all action shall be taken which is necessary
to meet constitutional requirements whether or not such action is otherwise required
by statute, but the validity of bonds issued hereunder shall in no way depend
upon the validity or occurrence of such action.
SECTION
12. All or
any portion of the authority to issue bonds under this act may be extinguished
by ordinance of the city council, without further action by the general
assembly, seven (7) years after the effective date of this act.
SECTION
13. The city
treasurer and mayor, on behalf of the city, are hereby authorized to execute
such instruments, documents or other
papers as they deem necessary or desirable to carry out the intent of this act
and are also authorized to take all actions and execute all documents or
agreements necessary to comply with federal tax and securities laws, which
documents or agreements may have a term coextensive with the maturity of the
bonds authorized hereby, including Rule 15c2-12 of the Securities and Exchange
Commission (the "Rule") and to execute and deliver a continuing disclosure
agreement or certificate in connection with the bonds in the form as shall be
deemed advisable by such officers in order to comply with the Rule.
SECTION
14. The provisions of this act are severable, and if any of its provisions are
held unconstitutional or invalid for any reason by any court of competent
jurisdiction, the decision of the court shall not affect or impair any of the
remaining provisions.
SECTION
15. The question of the approval of
this act shall be submitted to the electors of the city at the election to
be held on November 5, 2002 or at a
general or special election (other than a primary election) to be held on any
other date as shall be designated by the mayor. The question shall be submitted
in substantially the following form: ("Shall an act passed at the 2002 session
of the general assembly entitled 'An Act Authorizing the city of Woonsocket to
Finance the Unfunded Pension Liability of the city of Woonsocket, by the
Issuance of Not More Than $90,000,000 Bonds Therefor,' be approved?") and the
warning for the election shall contain the question to be submitted. From the
time the election is warned and until it is held, it shall be the duty of the
city clerk to keep a copy of the act available at his or her office for public
inspection, but the validity of the election shall not be affected by this
requirement. To the extent of any inconsistency between this act and the city charter,
this act shall prevail.
SECTION
16. Notwithstanding the provisions of section 17-19-7 of the general laws, the
Woonsocket board of canvassers may certify the question to the secretary of
state not later than thirty (30) days before the conduct of said election.
SECTION
17. This section and
sections 14 and 15 shall take effect upon the passage of this act. The
remainder of this act shall take effect upon approval of this act by a majority
of those voting on the question at the election prescribed by the foregoing
section.