2016 -- S 2045

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LC003344

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

AUTHORIZING THE TOWN OF MIDDLETOWN TO FINANCE THE DESIGN,

CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND

SIDEWALKS IN THE TOWN, INCLUDING, BUT NOT LIMITED TO, PAVING,

DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND

LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $5,000,000 BONDS AND/OR

NOTES THEREFOR

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: January 13, 2016

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. The town of Middletown is hereby empowered, in addition to authority

previously granted, to issue bonds to an amount not exceeding five million dollars ($5,000,000)

from time to time under its corporate name and seal. The bonds of each issue may be issued in the

form of zero coupon bonds, capital appreciation bonds, 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 five (5) years and the last installment not later

than thirty (30) years after the date of the 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. For each issue the amounts payable annually for

principal and interest combined either shall be as nearly equal from year to year as is practicable

in the opinion of the officers authorized to issue the bonds, or shall be arranged in accordance

with a schedule providing for a more rapid amortization of principal.

     SECTION 2. The bonds shall be signed by the town finance director and by the president

of the town council and shall be issued and sold in such amounts as the town council may

authorize. The manner of sale, denominations, maturities, interest rates and other terms,

conditions and details of any bonds or notes issued under this act may be fixed by the proceedings

of the town council authorizing the issue or by separate resolution of the town 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 or notes. Notwithstanding anything contained in this act, the town may enter

into financing agreements with the Rhode Island Infrastructure Bank ("RIIB ") or any agency or

instrumentality of the state of Rhode Island succeeding to its functions. Interest coupons (if any)

shall bear the manual or facsimile signature of the town finance director. The proceeds derived

from the sale of the bonds shall be delivered to the town finance director, and such proceeds

exclusive of premiums and accrued interest shall be expended: (1) For the design, construction,

repair, rehabilitation and improvement of streets and sidewalks in the town, including, but not

limited to, paving, drainage, traffic control devices, safety improvements and landscaping; (2) For

payment of the principal or interest on temporary notes issued under section 3; (3) In payment of

capitalized interest on bonds or notes; (4) In repayment of advances under section 4; or (5) In

payment of related costs of issuance of any bonds or notes. No purchaser of any bonds or notes

under this act shall be in any way responsible for the proper application of the proceeds derived

from the sales thereof. The project shall be carried out and all contracts made therefor on behalf

of the town by the town council. The proceeds of bonds or notes issued under this act, any

applicable federal or state assistance and other monies referred to in section 6 and 9, shall be

deemed appropriated for the purposes of this act without further action than that required by this

act. The bond issue authorized by this act may be consolidated for the purposes of issuance and

sale with any other bond issue of the town 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. The town finance director and the

president of the town council, on behalf of the town, are hereby authorized to execute such

instruments, documents or other papers as either of them 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.

     SECTION 3. The town council may by resolution authorize the issue from time to time of

interest bearing or discounted notes in anticipation of the issue of bonds or in anticipation of the

receipt of federal or state aid for the purposes of this act. The amount of original notes issued in

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anticipation of bonds may not exceed the amount of bonds which may be issued under this act

and the amount of original notes issued in anticipation of federal or state aid may not exceed the

amount of available federal or state aid as estimated by the town finance director. Temporary

notes issued hereunder shall be signed by the manual or facsimile signatures of the town finance

director and by the president of the town council and shall be payable within five (5) years from

their respective dates, but the principal of and interest on notes issued for a shorter period may be

renewed or paid from time to time by the issue of other notes thereunder, provided the period

from the date of an original note to the maturity or any note issued to renew or pay the same debt

or the interest thereon shall not exceed five (5) years. Any temporary notes in anticipation of

bonds issued under this section may be refunded prior to the maturity of the notes by the issuance

of additional temporary notes, provided that no such refunding shall result in any amount of such

temporary notes outstanding at any one time in excess of two hundred percent (200%) of the

amount of bonds which may be issued under this act, and provided further that if the issuance of

any such refunding notes results in any amount of such temporary notes outstanding at any one

time in excess of the amount of bonds which may be issued under this act, the proceeds of such

refunding notes shall be deposited in a separate fund established with the bank which is paying

agent for the notes being refunded. Pending their use to pay the notes being refunded, monies in

the fund shall be invested for the benefit of the town by the paying agent at the direction of the

town finance director in any investment permitted under section 5. The monies in the fund and

any investments held as a part of the fund shall be held in trust and shall be applied by the paying

agent solely to the payment or prepayment of the principal of and interest on the notes being

refunded. Upon payment of all principal of and interest on the notes, any excess monies in the

fund shall be distributed to the town. The town may pay the principal of and interest on notes in

full from other than the issuance of refunding notes prior to the issuance of bonds pursuant to

section 1 hereof. In such case, the town's authority to issue bonds or notes in anticipation of bonds

under this act shall continue provided that: (1) The town council passes a resolution evidencing

the town's intent to pay off the notes without extinguishing the authority to issue bonds or notes;

and (2) That the period from the date of an original note to the maturity date of any other note

shall not exceed five (5) years.

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

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

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

the treasury of the town to the purposes specified in section 2, such advances to be repaid without

interest from the proceeds of bonds or notes subsequently issued or from the proceeds of

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applicable federal or state assistance or from other available funds.

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

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

finance director in demand deposits, time deposits or savings deposits in banks which are

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

the United States of America or by any agency or instrumentality thereof or as may be provided

in any other applicable law of the state of Rhode Island or resolution of the town council or

pursuant to an investment policy of the town.

     SECTION 6. Any accrued interest received upon the sale of bonds or notes hereunder

shall be applied to the payment of the first interest due thereon. Any premiums arising from the

sale of bonds or notes hereunder and any earnings or net profit realized from the deposit or

investment of funds hereunder shall, in the discretion of the finance director, be applied to the

cost of preparing, issuing, and marketing bonds or notes hereunder to the extent not otherwise

provided, to the payment of the cost of the project, to the payment of the principal of or interest

on bonds or notes issued hereunder or to any one or more of the foregoing. The cost of preparing,

issuing and marketing bonds or notes hereunder may also, in the discretion of the town finance

director, be met from bond or note proceeds exclusive of accrued interest or from other monies

available therefor. Any balance of bond or note proceeds remaining after payment of the cost of

the projects and the cost of preparing, issuing and marketing bonds or notes hereunder shall be

applied to the payment of the principal of or interest on bonds or notes issued hereunder. To the

extent permitted by applicable federal laws, any earnings or net profit realized from the deposit or

investment of funds hereunder may, upon receipt, be added to and dealt with as part of the

revenues of the town from property taxes. In exercising any discretion under this section, the

town finance director shall be governed by any instructions adopted by resolution of the town

council.

     SECTION 7. All bonds and notes issued under this act and the debts evidenced thereby

shall be obligatory on the town in the same manner and to the same extent as other debts lawfully

contracted by it and shall be excepted from the operation of §45-12-2 of the general laws. No

such obligation shall at any time be included in the debt of the town for the purpose of

ascertaining its borrowing capacity. The town shall annually appropriate a sum sufficient to pay

the principal and interest coming due within the year on bonds and notes issued hereunder to the

extent that monies 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 town shall be

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subject to ad valorem taxation by the town without limitation as to rate or amount.

     SECTION 8. Any bonds or notes issued under the provisions of this act, if properly

executed by officers of the town 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 9. The town, acting by resolution of its town council, is authorized to apply

for, contract for and expend any federal or state advances or other grants or assistance which may

be available for the purposes of this act, and any such expenditures may be in addition to other

monies 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 2.

     SECTION 10. Bonds and notes may be issued under this act without obtaining the

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 any project

financed in whole or in part under this act, including where applicable the condemnation of any

land or interest in land, and in the levy and collection of assessments or other charges permitted

by law on account of any such project, 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 and notes issued hereunder shall in no way depend upon the validity or

occurrence of such action.

     SECTION 11. All or any portion of the authority to issue bonds and notes under this act

may be extinguished by resolution of the town council, without further action by the general

assembly.

     SECTION 12. The town finance director and the president of the town council, on behalf

of the town, are hereby authorized to execute such documents or other papers as either of them

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 or notes in the form as shall be deemed advisable by such

officers in order to comply with the Rule.

     SECTION 13. The question of the approval of this act shall be submitted to the electors

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of the town at a general, special or local election (other than a primary) to be held prior to

December 31, 2016, as shall be designated by the town council. The question shall be submitted

in substantially the following form: "Shall an act, passed at the 2016 session of the general

assembly, entitled "AN ACT AUTHORIZING THE TOWN OF MIDDLETOWN TO FINANCE

THE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF

STREETS AND SIDEWALKS IN THE TOWN, INCLUDING, BUT NOT LIMITED TO,

PAVING, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND

LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $5,000,000 BONDS AND/OR

NOTES 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

town clerk to keep a copy of the act available at the clerk's office for public inspection, but the

validity of the election shall not be affected by this requirement.

     SECTION 14. This section and the foregoing section shall take effect upon the passage of

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

those voting on the question at the election prescribed by the foregoing section.

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LC003344

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EXPLANATION

OF

A N   A C T

AUTHORIZING THE TOWN OF MIDDLETOWN TO FINANCE THE DESIGN,

CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND

SIDEWALKS IN THE TOWN, INCLUDING, BUT NOT LIMITED TO, PAVING,

DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND

LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $5,000,000 BONDS AND/OR

NOTES THEREFOR

***

     This act authorizes the town of Middletown to issue not more than $5,000,000 bonds and

notes to finance the design, construction, repair, rehabilitation and improvement of streets and

sidewalks in the town, including, but not limited to, paving, drainage, traffic control devices,

safety improvements and landscaping.

     Sections 13 and 14 would take effect upon passage. The remainder of the act would take

effect upon approval of the question provided for in section 13.

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LC003344

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