Chapter 217
2016 -- S 2045
Enacted 07/01/2016

A N   A C T
AUTHORIZING THE TOWN OF MIDDLETOWN TO FINANCE THE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND SIDEWALKS IN THE TOWN, INCLUDING, BUT NOT LIMITED TO, PAVING, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $5,000,000 BONDS AND/OR NOTES THEREFOR

Introduced By: Senator Louis P. DiPalma
Date Introduced: January 13, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. The town of Middletown is hereby empowered, in addition to authority
previously granted, to issue bonds to an amount not exceeding five million dollars ($5,000,000)
from time to time under its corporate name and seal. The bonds of each issue may be issued in the
form of zero coupon bonds, capital appreciation bonds, 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. 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. For each issue the amounts payable annually for
principal and interest combined either 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 finance director and by the president
of the town council and shall be issued and sold in such amounts as the town council 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 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. Notwithstanding anything contained in this act, the town may enter
into financing agreements with the Rhode Island Infrastructure Bank ("RIIB ") or any agency or
instrumentality of the state of Rhode Island succeeding to its functions. Interest coupons (if any)
shall bear the manual or facsimile signature of the town finance director. The proceeds derived
from the sale of the bonds shall be delivered to the town finance director, and such proceeds
exclusive of premiums and accrued interest shall be expended: (1) For the design, construction,
repair, rehabilitation and improvement of streets and sidewalks in the town, including, but not
limited to, paving, drainage, traffic control devices, safety improvements and landscaping; (2) For
payment of the principal or interest on temporary notes issued under section 3; (3) In payment of
capitalized interest on bonds or notes; (4) In repayment of advances under section 4; or (5) In
payment of related costs of issuance of any bonds or notes. 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 sales thereof. The project shall be carried out and all contracts made therefor on behalf
of the town by the town council. The proceeds of bonds or notes issued under this act, any
applicable federal or state assistance and other monies referred to in section 6 and 9, shall be
deemed appropriated for the purposes of this act without further action than that required by this
act. The bond issue authorized by this act may be consolidated for the purposes of issuance and
sale with any other bond issue of the town 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 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 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.
     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 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 finance director. Temporary
notes issued hereunder shall be signed by the manual or facsimile signatures of the town finance
director and by 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 thereunder, provided the period
from the date of an original note to the maturity or 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 town by the paying agent at the direction of the
town finance director in any investment permitted under section 5. 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 town. 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
the town'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. Pending any authorization or issue of bonds hereunder or pending or in lieu
of any authorization or issue of notes hereunder, the town finance director, 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 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 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
finance director 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 and any earnings or net profit realized from the deposit or
investment of funds hereunder shall, in the discretion of the finance director, 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 finance
director, be met from bond or note proceeds exclusive of accrued interest or from other monies
available therefor. Any balance of bond or note proceeds remaining after payment of the cost of
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 town from property taxes. In exercising any discretion under this section, the
town finance director 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 and shall be excepted from the operation of ยง45-12-2 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 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 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 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 2.
     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, 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 11. All or any portion of the authority to issue bonds and notes under this act
may be extinguished by resolution of the town council, without further action by the general
assembly.
     SECTION 12. The town finance director and the president of the town council, on behalf
of the town, are hereby authorized to execute such 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 (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. The question of the approval of this act shall be submitted to the electors
of the town at a general, special or local election (other than a primary) to be held prior to
December 31, 2016, as shall be designated by the town council. The question shall be submitted
in substantially the following form: "Shall an act, passed at the 2016 session of the general
assembly, entitled "AN ACT AUTHORIZING THE TOWN OF MIDDLETOWN TO FINANCE
THE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF
STREETS AND SIDEWALKS IN THE TOWN, INCLUDING, BUT NOT LIMITED TO,
PAVING, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND
LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $5,000,000 BONDS AND/OR
NOTES THEREFOR" 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
town 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.
     SECTION 14. This section and the foregoing section 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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LC003344
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