Chapter 490

2004 -- H 8260

Enacted 07/07/04

 

A N A C T

RELATING TO THE INDEBTEDNESS OF TOWNS AND CITIES

     

     

     Introduced By: Representatives Moura, and Slater

     Date Introduced: March 09, 2004

 

     

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 45-12 of the General Laws entitled "Indebtedness of Towns and

Cities" is hereby amended by adding thereto the following section:

     45-12-5.4. Variable rate obligations and interest rate exchange agreements. – In

connection with the issuance of duly authorized bonds or notes of a political subdivision with

population greater than one hundred twenty-five thousand (125,00) inhabitants, notwithstanding

any other authority to the contrary, such bonds or notes may be issued in the form of variable rate

obligations, so-called. In connection therewith, a political subdivision with population greater

than one hundred twenty-five thousand (125,000) inhabitants, acting through its chief financial

officer, may enter into agreements with banks, trust companies or other financial institutions

within or without the state, whether in the form of letters or lines of credit, liquidity facilities,

insurance or other support arrangements. Any debt issued as variable rate obligations shall bear

such terms as the chief financial officer of the political subdivision shall determine, including

provisions for prepayment at any time with or without premium at the option of a political

subdivision with population greater than one hundred twenty-five thousand (125,000) inhabitants,

may be sold at a premium or discount, and may bear interest or not and if interest bearing, may

bear interest at such rate or rates variable from time to time as determined by such index, banking

loan rate or other method specified in any such agreement. Any such agreement may also include

such other covenants and provisions for protecting the rights, security and remedy of the lenders

as may, in the discretion of the chief financial officer of the political subdivision, be reasonable

and proper and not in violation of law. The chief financial officer of the political subdivision may

also enter into agreements with brokers for the placement or marketing of any such debt or notes

of a political subdivision with population greater than one hundred twenty-five thousand

(125,000) inhabitants issued as variable rate obligations.

     In addition, the chief financial officer of the political subdivision, with the approval of the

mayor, or city or town manager, as applicable, may from time to time, enter into and amend

interest rate exchange agreements including, but not limited to, interest rate "caps," "floors,"

"collars," or "swaps" that the chief financial officer of the political subdivision determines to be

necessary or desirable for the purpose of generating savings, managing an interest rate, or similar

risk that arises in connection with, or subsequent to or is incidental to the issuance, carrying or

securing of variable rate obligations, fixed rate bonds or fixed rate obligations. Such interest rate

exchange agreements entered into by a political subdivision with population greater than one

hundred twenty-five thousand (125,000) inhabitants shall contain such provisions, including

payment, term, security, default and remedy provisions, and shall be with such parties, as the

chief financial officer of the political subdivision shall determine to be necessary or desirable

after due consideration to the creditworthiness of those parties.

     SECTION 2. This act shall take effect on July 1, 2004.

     

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LC01513

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