Chapter 420

2006 -- S 3156

Enacted 07/06/06

 

A N A C T

AUTHORIZING THE TOWN OF SMITHFIELD TO ISSUE NOT EXCEEDING $35,205,000 GENERAL OBLIGATION BONDS OR NOTES FOR THE PURPOSES OF SCHOOL CONSTRUCTION AND RENOVATION

          

     Introduced By: Senator John J. Tassoni

     Date Introduced: June 08, 2006

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. The Town of Smithfield is hereby empowered, in addition to authority

previously granted, to issue its general obligation bonds and notes to an amount not exceeding

thirty-five million two hundred five thousand dollars ($35,205,000) at one time or from time to

time under its corporate name and seal or a facsimile of such seal to finance school construction

and renovation and related costs as more fully set forth in section two. The bonds of each issue

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

years and the last installment not later than twenty-five (25) years after the date of the bonds. For

each issue, the amounts payable annually for principal and interest combined 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 treasurer and countersigned by the

town manager and the town clerk and shall be issued and sold in such amounts as the town

council may authorize by majority vote of all its members. The amount of the bond issue, manner

of sale, denominations, maturities, interest rate or rates, award 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 their 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. The town council may provide that any bonds issued under this act and any other

authorized issue of bonds of the town may be consolidated and issued at the same time as a single

bond issue, provided that the last installment of the portion of any such consolidated issue that is

allocable to the bonds issued under this act shall not be later than the times specified by the

applicable provisions hereof. The bonds may be made callable with or without premium. The

proceeds derived from the sale of the bonds shall be delivered to the town treasurer, and such

proceeds, exclusive of premiums and accrued interest, shall be expended for costs of school

construction, school renovation, the furnishing of school buildings and grounds, and/or related

purposes (hereinafter referred to as the project) if approved by the voters at the General Election

in accordance with Section 11 hereof, including all other costs incidental and related to the

foregoing project and its financing pursuant to this act including, but not limited to, the payment

of the principal of or interest on temporary notes issued under section three and the repayment of

advances made under section four. 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

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

council, or as may be authorized by the town council. The proceeds of bonds or notes issued

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

sections five or six shall be deemed appropriated for the purposes of this act without further

action than that required by this act.

     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 under this act 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 town treasurer.

Temporary notes issued hereunder shall be signed by the town treasurer and countersigned by the

town manager and the town clerk 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. The period for which bonds may be issued under this act

need not be reduced by the period of any temporary loans hereunder. The proceeds derived from

the sale of such temporary notes shall be used only for the purposes for which the proceeds of

bonds issued under this act may be used.

     SECTION 4. Pending any issue of bonds or notes hereunder, the town treasurer, with the

approval of the city 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 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 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

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

the federal deposit insurance corporation, in obligations issued or guaranteed by the United States

of America or the State of Rhode Island, or by an agency, instrumentality or political subdivision

of either of them, or as may be provided in any other applicable law of the State of Rhode Island.

     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 shall, in the discretion of the town 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 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 treasurer,

be met from bond or note proceeds exclusive of premiums and accrued interest or from other

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

cost of the project and the cost of preparing, issuing and marketing bonds or notes hereunder may

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

earnings or net profit realized from the deposit or investment of funds hereunder shall upon

receipt be added to and used for the same purposes as the proceeds of bonds or notes issued

hereunder. In exercising any discretion under this section, the town treasurer shall be governed by

any instructions adopted by resolution of the town council. The treasurer is authorized to take any

action deemed by him or her necessary to assure that interest on the bonds or notes issued

hereunder remains excludable from gross income of the recipients thereof for federal income tax

purposes, including, without limitation, paying to the federal government any rebate of earnings

derived from the deposit or investment of the proceeds of such bonds or notes that my be required

therefor.

     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 section 45‑12‑2 of the general laws.

No such obligation shall at any time be included in the debt of the city 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

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 the officers of the town in office on the date of execution, shall be valid and binding

according to their terms notwithstanding that before delivery thereof and payment therefor any or

all of the officers shall for any reason have ceased to hold office.

     SECTION 9. The town, acting by order or resolution of its town council, is authorized to

apply for, contract for an expand 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 two.

     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, all action shall be taken which is necessary to meet

constitutional requirements whether or not such section is otherwise required by statute, but the

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

occurrence of such action.

     SECTION 11. The question of the approval of the project set forth in section 2 hereof

shall be submitted to the voters at the General Election to be held on November 7, 2006. The

question shall be submitted in substantially the following form:

     "Shall an act, passed at the 2006 session of the general assembly, authorizing the Town of

Smithfield to issue (amount of bond issue) General Obligation Bonds or Notes for the Purposes of

School Construction And Renovation Be Approved?" The amount of the bond issue that is

included in the ballot question shall be established by Resolution of the Town Council.

     In accordance with Smithfield Home Rule Charter Section 4.16, the referendum ballot

shall include the election of two members of the Capital Projects Committee who shall be

qualified voters of the Town of Smithfield.

     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 this

act available at his or her office for public inspection, but the validity of the election shall not be

affected by this requirement.

     SECTION 12. This section and section eleven shall take effect upon the passage of this

act. The remainder of this act shall take effect upon the approval of the question listed in section

11 hereof by a majority of those voting on the question at the General Election prescribed by the

foregoing section.

     

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LC03454

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