Chapter 454

2007 -- S 1039

Enacted 07/05/07

 

A N A C T

AUTHORIZING THE TOWN OF EAST GREENWICH TO FINANCE THE ACQUISITION, CONSTRUCTION, RENOVATION, IMPROVEMENT, REHABILITATION, EQUIPPING AND FURNISHING OF A NEW SENIOR AND COMMUNITY CENTER IN THE TOWN BY THE ISSUANCE OF NOT MORE THAN $4,000,000 BONDS AND/OR NOTES THEREFOR

          

     Introduced By: Senators Lenihan, and Raptakis

     Date Introduced: May 22, 2007

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. The Town of East Greenwich is hereby empowered, in addition to

authority previously granted, to issue bonds to an amount not exceeding four million dollars

($4,000,000), or such lesser amount as is determined by resolution of the town council pursuant

to section 12 hereof, from time to time under its corporate name and seal. 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 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. 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 manual or facsimile signatures of the town

director of finance and the president of the town council and shall be issued and sold in such

amounts as the town council may authorize by resolution. The manner of sale, denominations,

maturities, interest rates and other terms, conditions and details of any other bonds or notes issued

under this act may be fixed by 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. The proceeds

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

exclusive of premium and accrued interest, shall be expended as follows: (a) for the purpose of

financing the acquisition, construction, renovation, improvement, rehabilitation, equipping and

furnishing of a new senior and community center in the town ("the project"), (b) in payment of

the principal of or interest on temporary notes issued under section three, (c) in repayment of

advances under section four, (d) in payment of the costs associated with the issuance of bonds or

notes hereunder and/or (e) in payment of capitalized interest during construction of the project.

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

contracts made therefore by the town council on behalf of the town. The proceeds of bonds or

notes issued under this act, in the applicable federal or state assistance and the other monies

referred to in sections six and nine shall be deemed appropriated for the purposes of this act

without further action than that required by this act. This bond issue authorized by this act shall

be consolidated for the purposes of issuance and sale with any other bond issue of the town

heretofore and 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 such instruments, 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 issuance from time to

time of interest bearing or discounted notes in anticipation 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

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 director of finance. Temporary notes

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

and 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 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

interest thereon shall not exceed five (5) years. 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 to town's intent to pay off the 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. 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 town

by the paying agent at the direction of the director of finance in any investment permitted under

section five. The moneys in the fund and any investments held as 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 town.

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

of any authorization or issue of notes hereunder, the director of finance, 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 two, such advances to be repaid without

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

applicable federal or state assistance or from other available funds.

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

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

of finance 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 shall, in the discretion of the director of finance, be applied to

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

provided, to the payment of project costs, 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 costs of preparing, issuing

and marketing bonds or notes hereunder may also, in the discretion of the director of finance, be

met form bond or note proceeds exclusive or premium 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 shall be

applied to the payment of the principal of or interest in the 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

director of finance 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 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 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 moneys therefore 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

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

of any governmental agency or by 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 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 authorized but unissued authority to issue bonds

and notes under this act may be extinguished by ordinance of the town council, without further

action by the general assembly.

     SECTION 12. It shall be a condition precedent to holding of the referendum described in

section 13 hereof and the issuance of bonds or notes hereunder that the town council adopt a

resolution, which provides for an exact amount of bonds and notes to be issued.

     SECTION 13. At the next statewide general election, there shall be submitted to electors

of the town a question in substantially the following form:

     "Shall the Town of East Greenwich issue General Obligation Bonds and Notes in an

Amount Not to Exceed four million dollars ($4,000,000) for the Purpose of Financing the

Acquisition, Construction, Renovation, Improvement, Rehabilitation, Equipping and Furnishing

of a Senior and Community Center in the Town?" 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 this 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 town charter, this act shall prevail.

     SECTION 14. Sections 12, 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 of those voting   

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

     

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LC03100

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