2012 -- S 3012

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LC02703

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

AUTHORIZING THE TOWN OF BRISTOL TO

FINANCE THE DESIGN, ENGINEERING AND CONSTRUCTION OF CAPITAL

IMPROVEMENT PROJECTS INCLUDING, WITHOUT LIMITATION, DRAINAGE, OPEN

SPACE AND PROPERTY ACQUISITION FOR MUNICIPAL PURPOSES, ROAD REPAIRS

AND IMPROVEMENTS, ADDITIONS AND RENOVATIONS TO PUBLIC BUILDINGS,

AND THE ACQUIRING OF EQUIPMENT IN CONNECTION THEREWITH BY ISSUANCE

OF NOT MORE THAN $9,000,000 BONDS THEREFOR

     Introduced By: Senators Ottiano, Bates, and Felag

     Date Introduced: May 24, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Authorization. The town of Bristol is hereby empowered, subject to the

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approval of the electors of the town, in addition to authority previously granted, to issue bonds

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and notes to an aggregate amount not exceeding nine million dollars ($9,000,000) from time to

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time under its corporate name and seal. The bonds may be issued for purposes of designing,

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engineering and construction of capital improvement projects including, without limitation,

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drainage projects, the construction of retention/detention ponds and other projects as outlined in

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the so-called "Tanyard Brook Improvement Project – Phase II", open space and property

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acquisition for municipal purposes, road repairs and improvements, additions and renovations to

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public buildings, and the acquiring of equipment in connection therewith, and such bonds shall be

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designated as capital improvement bonds. Notwithstanding any other provision of the general

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laws, the town shall not be required to obtain approval of a town meeting for any aspect of any

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projects to be funded herein.

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     SECTION 2. Bonds. The bonds of each issue may be issued in the form of serial bonds or

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term bonds or a combination thereof and shall be payable either by maturity of principal in the

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case of serial bonds or by mandatory serial redemption in the case of term bonds, in annual

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installments of principal, the first installment to be not later than five (5) years and the last

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installment not later than thirty (30) years after the date of the bonds. For each issue, the amounts

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payable annually for the principal and interest combined either shall be as nearly equal from year

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to year as is practicable in the opinion of the officers authorized to issue the bonds, or shall be

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arranged in accordance with a schedule providing for a more rapid amortization of principal. The

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bonds shall be signed by the town treasurer and by the chairman of the town council and shall be

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issued and sold at public or private sale in such amounts as the town council may authorize. The

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provisions of section 306(c) and all of article four (including, without limitation, section 414) of

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the town charter shall not apply to the authorization or issue of bonds or notes under this act. The

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manner of sale, denominations, maturities, interest rates and other terms, conditions and details of

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any bonds or notes issued under this act may be fixed by the proceedings of the town council

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authorizing the issue or by separate resolution of the town council, or, to the extent provisions for

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these matters are not so made, they may be fixed by the officers authorized to sign the bonds or

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notes. The proceeds derived from the sale of bonds shall be delivered to the treasurer, and such

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proceeds exclusive of premiums and accrued interest shall be expended for: (a) The purposes

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applicable to such bonds as specified in section one; or (b) The payment of the principal of or

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interest on temporary notes issued in connection with such bonds pursuant to section three; or (c)

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The repayment of advances made in connection with such bonds pursuant to section four; and/or

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(d) In payment of the costs of issuance associated with the issuance of bonds or notes hereunder.

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No purchaser of any bonds or notes under this act shall be in any way responsible for the proper

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application of the proceeds derived from the sale thereof. The projects funded with proceeds of

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the bonds shall be carried out and all contracts made therefor on behalf of the town by the town

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administrator, or as may be otherwise directed by the town council. The proceeds of the bonds or

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notes issued under this act, any applicable federal or state assistance and the other moneys

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referred to in section six shall be deemed appropriated for the purposes of this act without further

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action than that required by this act. This bond issue authorized by this act may be consolidated

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for the purposes of issuance and sale with any other bond issue of the town heretofore or hereafter

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authorized, provided that, notwithstanding any such consolidation, the proceeds from the sale of

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the bonds authorized by this act shall be expended for the purposes set forth above.

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     SECTION 3. Temporary Notes. The town council may by resolution authorize the issue

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from time to time of interest bearing or discounted notes in anticipation of the issue of bonds or in

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anticipation of the receipt of federal or state aid for the purposes of this act. The amount of

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original notes issued in anticipation of bonds may not exceed the amount of bonds which may be

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issued under this act and the amount of original notes issued in anticipation of federal or state aid

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may not exceed the amount of available federal or state aid as estimated by the treasurer.

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Temporary notes issued hereunder shall be signed by the treasurer and by the chairman of the

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town council and shall be payable within five (5) years from their respective dates, but the

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principal of and interest on notes issued for a shorter period may be renewed or paid from time to

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time by the issue of other notes hereunder, provided the period from the date of an original note

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to the maturity of any note issued to renew or pay the same debt or the interest thereon shall not

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exceed five (5) years.

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     SECTION 4. Advances. Pending authorization of bonds hereunder or pending or in lieu

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of any authorization or issue of notes hereunder, the treasurer, with the approval of the town

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council, may, to the extent that bonds or notes may be issued hereunder, apply funds in the

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treasury of the town to the applicable purposes specified in section one, such advances to be

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repaid without interest from the proceeds of applicable bonds or notes subsequently issued or

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from the proceeds of applicable federal or state assistance or from other available funds.

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     SECTION 5. Investments. Any proceeds of bonds or notes issued hereunder or of any

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applicable federal or state assistance, pending their expenditure, may be deposited or invested by

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the treasurer in demand deposits, time deposits or savings deposits in banks which are members

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of the Federal Deposit Insurance Corporation or in obligations issued or guaranteed by the United

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States of America or by any agency or instrumentality thereof or as may be invested pursuant to

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Section 351011 of the general laws or any similar law of the State of Rhode Island, or by

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resolution of the town council or pursuant to an investment policy of the town as adopted by the

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town council.

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     SECTION 6. Application of accrued interest, premiums and investment earnings. Any

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accrued interest received upon the sale of bonds or notes hereunder shall be applied to the

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payment of the first interest due thereon. Any premiums arising from the sale of bonds or notes

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hereunder and any earnings or net profit realized from the deposit or investment of funds

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hereunder shall, in the discretion of the treasurer, be applied to the cost of preparing, issuing and

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marketing bonds or notes hereunder to the extent not otherwise provided, to the payment of the

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cost of the projects, to the payment of the principal of or interest on bonds or notes issued

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hereunder or to any one (1) or more of the foregoing. The cost of preparing, issuing and

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marketing bonds or notes hereunder may also, in the discretion of the treasurer, be met from bond

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or note proceeds exclusive of accrued interest or from other moneys available therefor. Any

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balance of bond or note proceeds remaining after payment of the cost of the projects and the cost

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of preparing, issuing and marketing bonds or notes hereunder shall be applied to the payment of

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the principal of or interest on corresponding bonds or notes issued hereunder. In exercising any

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discretion under this section, the treasurer shall be governed by any instructions adopted by

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resolution of the town council.

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     SECTION 7. Security for the bonds and notes. All bonds and notes issued under this act

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and the debts evidenced thereby shall be obligatory on the town in the same manner and to the

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same extent as other debts lawfully contracted by it and shall be excepted from the operation of

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section 45-12-2 of the general laws. No such obligation shall at any time be included in the debt

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of the town for the purpose of ascertaining its borrowing capacity. The town shall annually

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appropriate a sum sufficient to pay the principal and interest coming due within the year on bonds

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and notes issued hereunder to the extent that moneys therefor are not otherwise provided. If such

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sum is not appropriated, it shall nevertheless be added to the annual tax levy. In order to provide

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such sum in each year and notwithstanding any provision of the law to the contrary, all taxable

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property in the town shall be subject to ad volorem taxation by the town without limitation as to

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rate or amount.

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     SECTION 8. Execution of bonds or notes. Any bonds or notes issued under the

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provisions of this act, if properly executed by officers of the town in office on the date of

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execution, shall be valid and binding according to their terms notwithstanding that before the

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delivery thereof and payment therefor any or all of such officers shall for any reason have ceased

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to hold office.

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     SECTION 9. Federal and State Aid. The town, acting by resolution of its town council, is

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authorized to apply for, contract for and expend any federal or state advances or other grants or

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assistance which may be available for the purposes of this act, and any such expenditures may be

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in addition to other moneys provided in this act. To the extent of any inconsistency between any

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law of this state and any applicable federal law or regulation, the latter shall prevail. Federal and

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state advances, with interest where applicable, whether contracted for prior to or after the

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effective date of this act, may be repaid as project costs under section two.

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     SECTION 10. Conditions precedent to the issuance of bonds. Bonds and notes may be

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issued under this act without obtaining the approval of any governmental agency or the taking of

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any proceedings or the happening of any conditions except as specifically required by this act for

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such issue. In carrying out any project financed in whole or in part under this act, including where

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applicable the condemnation of any land or interest in land, and in the levy and collection of

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assessments or other charges permitted by law on account of any such project, all action shall be

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taken which is necessary to meet constitutional requirements whether or not such action is

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otherwise required by statute; but the validity of bonds and notes issued hereunder shall in no way

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depend upon the validity or occurrence of such action.

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     SECTION 11. Referendum. The question of the approval of this act shall be submitted to

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the electors of the town at a general or special election to be held at polling places in the town on

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November 6, 2012 or any other date to be determined by the town council. The question shall be

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submitted in substantially the following form: "Shall an act, passed at the 2012 session of the

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general assembly, entitled 'AN ACT AUTHORIZING THE TOWN OF BRISTOL TO FINANCE

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THE DESIGN, ENGINEERING AND CONSTRUCTION OF CAPITAL IMPROVEMENT

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PROJECTS INCLUDING, WITHOUT LIMITATION, DRAINAGE PROJECTS, OPEN SPACE

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AND PROPERTY ACQUISITION FOR MUNICIPAL PURPOSES, ROAD REPAIRS AND

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IMPROVEMENTS, ADDITIONS AND RENOVATIONS TO PUBLIC BUILDINGS, AND

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THE ACQUIRING OF EQUIPMENT IN CONNECTION THEREWITH BY ISSUANCE OF

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NOT MORE THAN $9,000,000 BONDS THEREFOR' be approved?" and the warning for the

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election shall contain the questions to be submitted. From the time the election is warned and

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until it is held, it shall be the duty of the town clerk to keep a copy of the act available at the town

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clerk’s office for public inspection, but the validity of the election shall not be affected by this

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requirement. To the extent of any inconsistency between this act and the town charter, this act

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shall prevail.

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     SECTION 12. Effective date. This section and section 11 shall take effect upon the

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passage of this act. The remainder of this act shall take effect upon the approval of this act by a

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majority of those voting on the question at the election prescribed by section 11.

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LC02703

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EXPLANATION

OF

A N A C T

AUTHORIZING THE TOWN OF BRISTOL TO

FINANCE THE DESIGN, ENGINEERING AND CONSTRUCTION OF CAPITAL

IMPROVEMENT PROJECTS INCLUDING, WITHOUT LIMITATION, DRAINAGE, OPEN

SPACE AND PROPERTY ACQUISITION FOR MUNICIPAL PURPOSES, ROAD REPAIRS

AND IMPROVEMENTS, ADDITIONS AND RENOVATIONS TO PUBLIC BUILDINGS,

AND THE ACQUIRING OF EQUIPMENT IN CONNECTION THEREWITH BY ISSUANCE

OF NOT MORE THAN $9,000,000 BONDS THEREFOR

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      This act would establish enabling legislation which would permit the town of Bristol to issue

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bonds to finance the design, engineering and construction of capital improvement projects including,

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without limitation, drainage projects, open space and property acquisition for municipal purposes,

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road repairs and improvements, additions and renovations to public buildings, and the acquiring of

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equipment in connection therewith.

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      Sections 11 and 12 of the act would take effect upon passage. The remainder of the act

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would take effect upon approval of the question provided for in Section 11.

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LC02703

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