2018 -- S 2677

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LC005223

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

AUTHORIZING THE CITY OF WARWICK TO ISSUE NOT TO EXCEED $40,000,000

GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF

INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT,

ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL

FACILITIES THROUGHOUT THE CITY, TO FUND THE CAPITAL IMPROVEMENT

PROGRAM FOR THE FISCAL YEARS 2019 THROUGH 2023, SUBJECT TO APPROVAL

OF STATE HOUSING AID AT A REIMBURSEMENT RATE OR STATE SHARE RATIO OF

NOT LESS THAN 35% AT THE TIME OF ISSUANCE

     Introduced By: Senators McCaffrey, Lynch Prata, and Calkin

     Date Introduced: March 20, 2018

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. The city of Warwick is hereby authorized, in addition to authority

previously granted, to issue bonds and other evidences of indebtedness (hereinafter "bonds") up

to an amount not exceeding forty million dollars ($40,000,000) from time to time under its

corporate name and seal or a facsimile of such. 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 sinking fund installments in the case of term

bonds, in annual installments of principal, the first installment to be not later than three (3) years

and the last installment not later than thirty (30) years after the date of the bonds. 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. 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 city treasurer and by the manual or

facsimile signature of the mayor and be issued and sold in such amounts as the city council may

determine by resolution. 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 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 or notes. Notwithstanding anything contained in this act to the

contrary, the city may enter into financing agreements with the Rhode Island Health and

Educational Building Corporation pursuant to chapter 7 of title 16 and chapter 38.1 of title 45

and, with respect to notes or bonds issued in connection with such financing agreements, if any,

the city may elect to have the provisions of chapter 38.1 of title 45 apply to the issuance of the

bonds or notes issued hereunder to the extent the provisions of chapter 38.1 of title 45 are

inconsistent herewith. In addition, the city may enter into financing agreements with the Rhode

Island Infrastructure Bank pursuant to the provisions of chapter 12.2 of title 46 and, with respect

to notes or bonds issued in connection with such financing agreements, if any, the city may elect

to have the provisions of chapter 12.2 of title 46 apply to the issuance of the bonds or notes issued

hereunder to the extent the provisions of chapter 12.2 of title 46 are inconsistent herewith. Such

election may be fixed by the proceedings of the city council authorizing such issuance of 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 or notes. 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 expended: (1) For the construction,

renovation, improvement, alteration, repair, furnishing and equipping of schools and school

facilities throughout the city of Warwick and all costs related thereto, to fund the capital

improvement program for the fiscal years 2019 through 2023 (the "projects"); (2) In payment of

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

advances under section 5; (4) In payment of related costs of issuance of any bonds or notes;

and/or (5) In payment of capitalized interest during construction of the projects. The city,

however, is not required to issue the bonds and notes authorized by this act during the fiscal years

ending June 30, 2019 through June 30, 2023, but rather may issue them at any time, or from time

to time. 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 sale thereof. The proceeds of bonds or notes

issued under this act, any applicable federal or state assistance and the other monies referred to in

sections 7 and 10 shall be deemed appropriated for the purposes of this act without further action

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than that required by this act. The bonds authorized by this act may be consolidated for the

purpose of issuance and sale with any other bonds 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. The city council may by resolution authorize the issuance from time to time

of interest bearing or discounted notes in anticipation of the issue of bonds under section 2 or in

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

original notes issued in 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 city treasurer.

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

city treasurer and the mayor 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 hereunder, provided the period from the date of an

original note to the maturity of 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 city by the paying agent at the direction of the city treasurer in

any investment permitted under section 6. 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 city. The city 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 city's authority to issue bonds or notes in anticipation of bonds under this act shall

continue provided that: (1) The city council passes a resolution evidencing the city's intent to pay

off the notes without extinguishing the authority to issue bonds or notes; and (2) That the period

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from the date of an original note to the maturity date of any other note shall not exceed five (5)

years.

     SECTION 4. Bonds and notes shall not be issued unless the city has received a letter

from the Rhode Island Board of Education or the Rhode Island Department of Elementary and

Secondary Education confirming that the then-current reimbursement rate or state share ratio

pursuant to §§ 16-7-35 through 16-7-47, as amended from time to time, or pursuant to any other

law hereafter enacted providing for funds to municipalities for school housing aid purposes, is not

less than thirty-five percent (35%) of debt service for those costs which are eligible for state

school housing aid.

     SECTION 5. Pending any authorization or issue of bonds hereunder or pending or in lieu

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

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

treasury of the city 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

applicable federal or state assistance or from other available funds.

     SECTION 6. 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 city

treasurer, 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 city council or pursuant to an

investment policy of the city.

     SECTION 7. 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, to the extent permitted by applicable federal laws, any net

earnings or profits realized from the deposit or investment of funds hereunder shall, in the

discretion of the city treasurer, 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 projects,

to the payment of the principal of or interest on bonds or notes issued hereunder, to the revenues

of the city and dealt with as part of the revenues of the city from property taxes to the extent

permitted by federal law, 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 city treasurer, be met

from bond or note proceeds exclusive of premium and accrued interest or from other monies

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

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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 city from property taxes. In exercising any discretion under this section, the city

treasurer shall be governed by any instructions adopted by resolution of the city council.

     SECTION 8. All bonds and notes issued under this act and the debt evidenced hereby

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 § 45-12-2 and any provision 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 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 provisions 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 9. Any bonds or notes issued under the provisions of this act, if properly

executed by the 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 10. The city, acting by resolution of its city council 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 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 a cost of the projects under section 2.

     SECTION 11. 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

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validity of bonds and notes issued hereunder shall in no way depend upon the validity or

occurrence of such action.

     SECTION 12. The city treasurer and the mayor, on behalf of the city are hereby

authorized to execute such instruments, documents or other papers as either of the foregoing

deem necessary or desirable to carry out the intent of this act and are also authorized to take all

actions and execute all documents 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. All or any portion of the authorized but unissued authority to issue bonds

and notes under this act may be extinguished by resolution of the city council, without further

action by the general assembly, seven (7) years after the effective date of this act.

     SECTION 14. The question of the approval of this act shall be submitted to the electors

of the city at the general election to be held on November 6, 2018 or, if so determined by the city

council, at a special city-wide election, other than a primary, held on a date to be determined by

resolution of the city council. The question shall be submitted in substantially the following form:

"Shall an act passed at the 2018 session of the general assembly entitled 'AN ACT

AUTHORIZING THE CITY OF WARWICK TO ISSUE NOT TO EXCEED $40,000,000

GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF

INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT,

ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL

FACILITIES THROUGHOUT THE CITY, TO FUND THE CAPITAL IMPROVEMENT

PROGRAM FOR THE FISCAL YEARS 2019 THROUGH 2023, SUBJECT TO APPROVAL

OF STATE HOUSING AID AT A REIMBURSEMENT RATE OF NOT LESS THAN 35% AT

THE TIME OF ISSUANCE' 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 the clerk's 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 or any law of special applicability to the city,

this act shall prevail.

     SECTION 15. This act shall constitute an enabling act of the general assembly that is

required pursuant to § 16-7-44. Any bonds, notes or other evidences of indebtedness issued under

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this act for school projects shall not be eligible for state aid reimbursement pursuant to § 16-7-44

unless the school projects described herein have been approved by the Rhode Island Department

of Education ("RIDE").

     SECTION 16. Sections 14 and 16 shall take effect upon passage. 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 section 14.

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EXPLANATION

OF

A N   A C T

AUTHORIZING THE CITY OF WARWICK TO ISSUE NOT TO EXCEED $40,000,000

GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF

INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT,

ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL

FACILITIES THROUGHOUT THE CITY, TO FUND THE CAPITAL IMPROVEMENT

PROGRAM FOR THE FISCAL YEARS 2019 THROUGH 2023, SUBJECT TO APPROVAL

OF STATE HOUSING AID AT A REIMBURSEMENT RATE OR STATE SHARE RATIO OF

NOT LESS THAN 35% AT THE TIME OF ISSUANCE

***

     This act would authorize the city of Warwick to issue not more than $40,000,000 general

obligation bonds, notes and other evidences of indebtedness to finance the construction,

renovation, improvement, alteration, repair, furnishing and equipping of schools and school

facilities throughout the city of Warwick and all costs related thereto, to fund the capital

improvement program for the fiscal years 2019 through 2023, subject to approval of State

Housing Aid at a reimbursement rate of not less than 35% at the time of issuance.

     This act would constitute an enabling act of the general assembly that is required

pursuant to § 16-7-44. Any bonds, notes or other evidences of indebtedness issued under this act

for school projects shall not be eligible for state aid reimbursement pursuant to § 16-7-44 unless

the school projects described herein have been approved by the Rhode Island Department of

Education ("RIDE").

     Sections 14 and 16 would hall take effect upon passage. The remainder of the act would

take effect upon approval of the question provided for in section 14.

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