Chapter 240

2005 -- H 6209

Enacted 07/09/05

 

A N A C T

AUTHORIZING THE CHARIHO REGIONAL SCHOOL DISTRICT TO ISSUE GENERAL OBLIGATION BONDS AND/OR NOTES NOT TO EXCEED $99,824,000 TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL FACILITIES THROUGHOUT THE REGIONAL SCHOOL DISTRICT, SUCH PROJECT TO BE FINANCED IN TWO PHASES, THE SECOND PHASE NOT TO BE FINANCED BEFORE JUNE 1, 2007 AND SUBJECT TO THE CONDITIONS OF THIS ACT AS TO LEVELS OF STATE AID     

     

     Introduced By: Representatives Scott, and McHugh

     Date Introduced: March 10, 2005

 

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. The regional school district incorporated pursuant to Chapter 55 of the

Public Laws of 1958, as amended, known as the Chariho Regional School District, is hereby

empowered, in addition to authority previously granted, to issue general obligation bonds and

notes to an amount not exceeding ninety-nine million eight hundred twenty-four thousand dollars

($99,824,000) from time to time under its corporate name and seal; provided, however, that

$42,046,000 of such bonds shall not be issued prior to June 1, 2007 and that bonds shall not be

issued unless the conditions of Section 4 hereof as to levels of state aid are met. The bonds of

each issue may be issued in the form of serial bonds or term bonds, zero coupon bonds, capital

appreciation bonds, or compound interest 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.

     SECTION 2. The bonds shall be signed by the treasurer and the chairperson of the

regional school district committee and shall be issued and sold in such amounts as the regional

school district committee 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 regional school district committee authorizing the issue or by

separate resolution of the regional school district committee 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 treasurer of the regional

school district committee, and such proceeds, exclusive of premiums and accrued interest, shall

be expended in two phases: (a) Phase I Project – to finance the demolition and removal of the

1904 Ashaway School Building and the construction of an addition to, and renovation and

equipping of, the remaining Ashaway School Building, and the construction, renovation,

improvement, alteration, repair, furnishing and equipping of the existing elementary schools in

Charlestown and Richmond and a new elementary school in each of the Towns of Charlestown,

Richmond and Hopkinton, including land acquisition and (b) Phase II Project – subject to the

conditions of Section 4 hereof, to finance the construction, renovation, improvement, alteration,

repair, furnishing and equipping of additions to the Chariho Regional High School, a facility for

the RYSE School, a maintenance facility, the redesign and reconfiguring of the High School and

Middle School Campus, including the relocation of the administration building, and life-safety

renovations to the Chariho Middle School, (c) in payment of the principal of and/or interest on

temporary notes issued under section three, (d) in repayment of advances made pursuant to

section four, (e) in payment of costs of issuance associated with the issuance of bonds or notes

hereunder, and/or (f) to finance capitalized interest. 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 moneys referred to in section six and nine, shall be deemed appropriated

for the purpose of this act without further action than that required by this act. This bond issue

authorized by this act may be consolidated for the purpose of issuance and sale with any other

bond issue of the regional school district 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 treasurer and the chairperson of

the regional school district committee, on behalf of the regional school district, 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, including Rule 15c2-12 of the Securities and Exchange Commission

and to execute and deliver a continuing disclosure agreement or certificate in connection with the

bonds or notes.

     SECTION 3. The regional school district committee 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 provided;

however, that $42,046,000 of such notes shall not be issued prior to June 1, 2007 and that notes

shall not be issued unless the conditions of Section 4 hereof are met. 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 treasurer of the regional

school district committee. Temporary notes issued hereunder shall be signed by the treasurer and

the chairperson of the regional school district committee 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, moneys in the fund shall be invested for the benefit of the regional school district by the

paying agent at the direction of the treasurer of the regional school district committee in any

investment permitted under section five. The moneys in the fund and any investments held 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 moneys in the fund shall be distributed to the

regional school district committee. The regional school district committee 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 regional school district

committee's authority to issue bonds or notes in anticipation of bonds under this act shall continue

provided that 1) the regional school district committee passes a resolution evidencing the regional

school district committee'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. Bonds and notes to finance the Phase I Project shall not be issued unless the

Chariho Regional School District has received a letter from the Rhode Island Department of

Elementary and Secondary Education confirming that the Board of Regents for Elementary and

Secondary Education has approved the facilities to be financed for the school housing aid and that

the then-current reimbursement rate pursuant to Sections 16-7-35 through 16-7-47 of the General

Laws, as amended from time to time, or pursuant to any other law hereafter enacted providing for

funds to municipalities or regional school districts for school construction purposes, is not less

than fifty-six percent (56%). Bonds and notes in principal amount of $42,046,000 to finance the

Phase II Project shall not be issued prior to June 1, 2007 and, in any event, shall not be issued

unless the Chariho Regional School District has received a letter from the Rhode Island

Department of Elementary and Secondary Education confirming that the Board of Regents for

Elementary and Secondary Education has approved the facilities to be financed for school

housing aid and that the then-current reimbursement rate pursuant to Sections 16-7-35 through

16-7-47 of the General Laws, as amended from time to time, or pursuant to any other law

hereafter enacted providing for funds to municipalities or regional school districts for school

construction purposes, is not less than fifty percent (50%).

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

of any authorization or issue of notes hereunder, the treasurer of the regional school district

committee, with the approval of the regional school district committee, may, to the extent that

bonds or notes may be issued hereunder, apply funds in the treasury of the regional school district

committee to the purposes specified in section two, 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

treasurer of the regional school district committee 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 ("Government Obligations") or as may be provided in any other

applicable law of the state of Rhode Island or resolution of the regional school district committee

or pursuant to an investment of policy of the regional school district committee. Any bank

deposits or investments, other than investments in Government Obligations, must either be

directly insured by the Federal Deposit Insurance Corporation or be collateralized by Government

Obligations which have a value equal to or greater than 102% of the deposit or investment

amount.

     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 shall, in the discretion of the treasurer of the regional school

district committee, be applied to the cost of preparing, issuing and marketing bonds and 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 or to any one or more

of the foregoing. The cost of preparing, issuing and marketing bonds or notes issued hereunder

may also, in the discretion of the treasurer of the regional school district committee, be met from

bond or note proceeds exclusive of accrued interest or from other moneys available therefor. If,

upon completion of any of the Projects there shall be any balance of bond or note proceeds

remaining not required for the payment of the costs of such Project, such funds 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 regional school district from the member towns. In exercising any discretion

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

regional school district committee.

     SECTION 8. All bonds and notes issued under this act and the debts evidenced thereby

shall be obligatory on the regional school district committee in the same manner and to the same

extent as other debts are obligatory under the laws of this state on incorporated towns of this state

and such debt evidenced by said bonds or notes shall not be construed at any time to form a part

of the debt of any individual town which is a member of the regional school district for the

purpose of ascertaining the borrowing capacity of such town, nor shall said debt contracted by the

regional school district in any way apply to the operation of section 45-12-2 of the general laws,

as amended, with respect to any member town. The regional school district shall annually

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

and notes issued hereunder until such bonds and notes and the interest thereon are paid in full.

     SECTION 9. Any bonds or notes issued under the provisions of this act, if properly

executed by officers of the regional school district committee 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 regional school district, acting by resolution of its regional school

district committee, 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 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.

     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

validity of bonds and notes 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 and notes under this act

may be extinguished by resolution of the regional school district committee, without further

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

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

of the towns of Charlestown, Richmond and Hopkinton at a special election (other than a primary

election) to be held on a date to be set by the regional school district committee. The question

shall be submitted in substantially the following form: "Shall an act, passed at the 2005 session of

the general assembly, entitled 'AN ACT AUTHORIZING THE CHARIHO REGIONAL

SCHOOL DISTRICT TO ISSUE GENERAL OBLIGATION BONDS AND/OR NOTES NOT

TO EXCEED $99,824,000 TO FINANCE THE CONSTRUCTION, RENOVATION,

IMPROVEMENT, ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS

AND SCHOOL FACILITIES THROUGHOUT THE REGIONAL SCHOOL DISTRICT, SUCH

PROJECT TO BE FINANCED IN TWO PHASES, THE SECOND PHASE NOT TO BE

FINANCED BEFORE JUNE 1, 2007 AND SUBJECT TO THE CONDITIONS OF THIS ACT

AS TO LEVEL OF STATE AID' be approved?" The form of ballot shall also include the

following explanation: "Approval of this act would authorize the regional school district

committee to finance schools and school facilities throughout the Chariho Regional School

District in two phases. Phase I would finance the demolition and removal of the 1904 Ashaway

School Building, and the construction of an addition to, and renovation and equipping of, the

remaining Ashaway School Building, and the construction, renovation, improvement, alteration,

repair, furnishing and equipping of the existing elementary schools in Charlestown and

Richmond, and a new elementary school in each of the towns of Charlestown, Richmond and

Hopkinton, including land acquisition. Phase I would not be financed unless the School District

has received a letter from the Department of Elementary and Secondary Education confirming

that the Board of Regents for Elementary and Secondary Education has approved the facilities to

be financed for school housing aid and that the then-current reimbursement rate is not less than

fifty-six percent (56%). Phase II would finance the construction, renovation, improvement,

alteration, repair, furnishing and equipping of additions to the Chariho Regional High School, a

facility for the RYSE School, a maintenance facility, the redesign and reconfiguring of the High

School and Middle School Campus, including the relocation of the administration building, and

life-safety renovations to the Chariho Middle School. Phase II would not be financed before June

1, 2007 and would not be financed unless the School District has received a letter from the

Department of Elementary and Secondary Education confirming that the Board of Regents for

Elementary and Secondary Education has approved the facilities to be financed for school

housing aid and that the then-current reimbursement rate is not less than fifty percent (50%)." The

warning for the election shall contain the question to be submitted together with the explanation

set forth above. From the time the election is warned and until it is held, it shall be the duty of the

town clerks of the respective towns of Charlestown, Richmond and Hopkinton to keep a copy of

the act available at their offices 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 home

rule charter of any member town, this act shall prevail.

     SECTION 14. Sections 13 and 14 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 in each town of those voting on the question at the election prescribed by the foregoing section.

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LC02785

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