LA 082
2020 -- S 2853
Enacted 07/25/2020

A N   A C T
AUTHORIZING THE CITY OF NEWPORT TO ISSUE NOT TO EXCEED $106,500,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS TO FINANCE ALL COSTS RELATING TO THE CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, LANDSCAPING, FURNISHING AND EQUIPPING OF: (I) AN ADDITION TO THE CLAIBORNE PELL ELEMENTARY SCHOOL, INCLUDING, BUT NOT LIMITED TO, CLASSROOMS AND ASSOCIATED SUPPORT SPACE, SITE IMPROVEMENTS, AND PARKING AND (II) A NEW SCHOOL FACILITY FOR THE WILLIAM S. ROGERS HIGH SCHOOL, PROVIDED THAT THE AUTHORIZATION SHALL BE REDUCED BY THE AMOUNT OF CERTAIN GRANTS RECEIVED FROM STATE BOND PROCEEDS, FROM THE RHODE ISLAND DEPARTMENT OF EDUCATION OR FROM THE RHODE ISLAND SCHOOL BUILDING AUTHORITY

Introduced By: Senators Euer, and DiPalma
Date Introduced: May 26, 2020

It is enacted by the General Assembly as follows:
     SECTION 1. The city of Newport is hereby authorized, in addition to authority previously
granted, to issue bonds and other evidences of indebtedness (hereinafter “bonds”) up to an amount
not exceeding one hundred six million five hundred thousand dollars ($106,500,000) from time to
time under its corporate name and seal or a facsimile of such 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 sinking fund installments
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 city may be eligible for school housing aid reimbursement on debt
service pursuant to ‎chapter ‎‎7 of title 16, or for a grant, loan or other financial assistance from
proceeds of bonds ‎issued by the state of Rhode Island (the “state”), ‎from the Rhode Island
department of ‎education (“RIDE”) or from the Rhode Island school building authority. The amount
of ‎borrowing authorized ‎pursuant to this act shall be reduced by the amount of certain grants
actually ‎received by the city from state bond proceeds, from RIDE or from the Rhode Island
school ‎building authority; provided however, that the amount of borrowing authorized shall not be
reduced by the amount of any grant received by the city for any portion of the projects funded by
capital reserve funds. ‎
     SECTION 3. The bonds shall be signed by the city director of finance and by the manual
or facsimile signature of the mayor and be issued and sold in such amounts as the city council may
determine by resolution. The manner of sale, denominations, maturities, interest rates and other
terms, conditions and details of any notes or bonds issued under this act may be fixed by the
proceedings of the city council authorizing the issue or by separate resolution of the city 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 to the
contrary, the city may enter into financing agreements with the Rhode Island Health and
Educational Building Corporation pursuant to chapter 7 of title 16 and chapter 38.1 of title 45 and,
with respect to bonds or notes issued in connection with such financing agreements, if any, the city
may elect to have the provisions of chapter 38.1 of title 45 apply to the issuance of the bonds or
notes issued hereunder to the extent the provisions of chapter 38.1 of title 45 are inconsistent
herewith. In addition, the city may enter into financing agreements with the Rhode Island
Infrastructure Bank pursuant to the provisions of chapter 12.2 of title 46 and, with respect to notes
or bonds issued in connection with such financing agreements, if any, the city may elect to have
the provisions of chapter 12.2 of title 46 apply to the issuance of the bonds or notes issued hereunder
to the extent the provisions of chapter 12.2 of title 46 are inconsistent herewith. Such election may
be fixed by the proceedings of the city council authorizing such issuance by separate resolution of
the city 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 city director of finance, and such proceeds, exclusive of premiums
and accrued interest, shall be expended: (1) To finance all costs relating to the
construction, ‎renovation, improvement, alteration, repair, landscaping, furnishing and equipping
of: (i) ‎An addition to the Claiborne Pell Elementary School including, but not limited to, classrooms
and associated support space, site improvements, and ‎parking; and (ii) A new school facility for
the William S. Rogers High School‎ (the “projects”); (2) In payment of the principal of or interest
on temporary notes issued under section 4; (3) In repayment of advances under section 5; (4) In
payment of related costs of issuance of any bonds or notes; and/or (5) In payment of capitalized
interest during construction of the projects. 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 monies referred to in sections 7 and 10 shall be deemed appropriated for the purposes of
this act without further action than that required by this act. The bonds authorized by this act may
be consolidated for the purpose of issuance and sale with any other bonds of the city 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.
     SECTION 4. The city council may by resolution authorize the issuance from time to time
of interest bearing or discounted notes in anticipation of the issue of bonds under section 3 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 city director of finance.
Temporary notes issued hereunder shall be signed by the manual or facsimile signatures of the city
director of finance and the mayor 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, monies in the fund shall be invested for the
benefit of the city by the paying agent at the direction of the city director of finance in any
investment permitted under section 6. 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 city.
The city 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 city's
authority to issue bonds or notes in anticipation of bonds under this act shall continue provided
that: (1) The city council passes a resolution evidencing the city'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 5. Pending any authorization or issue of bonds hereunder or pending or in lieu
of any authorization or issue of notes hereunder, the city director of finance, with the approval of
the city council may, to the extent that bonds or notes may be issued hereunder, apply funds in the
general treasury of the city to the purposes specified in section 3, 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 city 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 city council or pursuant to an
investment policy of the city.
     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 and, to the extent permitted by applicable federal laws, any net earnings
or profits realized from the deposit or investment of funds hereunder shall, in the discretion of the
city 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 the cost of the projects, to the
payment of the principal of or interest on bonds or notes issued hereunder, to the revenues of the
city and dealt with as part of the revenues of the city from property taxes to the extent permitted by
federal law, 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 city director of finance, be met from
bond or note proceeds exclusive of premium and 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 city
from property taxes. In exercising any discretion under this section, the city director of finance shall
be governed by any instructions adopted by resolution of the city council.
     SECTION 8. All bonds and notes issued under this act and the debt evidenced thereby shall
be obligatory on the city in the same manner and to the same extent as other debts lawfully
contracted by it and shall be excepted from the operation of § 45-12-2 and any provision of the city
charter. No such obligation shall at any time be included in the debt of the city for the purpose of
ascertaining its borrowing capacity. The city 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 provisions of law to the contrary, all taxable property in the city shall be
subject to ad valorem taxation by the city without limitation as to rate or amount.
     SECTION 9. Any bonds or notes issued under the provisions of this act, if properly
executed by the officers of the city 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 city, acting by resolution of its city 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 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 a cost of the projects under section 3.
     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. The city director of finance and the mayor, on behalf of the city 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 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. All or any portion of the authorized but unissued authority to issue bonds
and notes under this act may be extinguished by resolution of the city council, without further action
by the general assembly, seven (7) years after the effective date of this act.
     SECTION 14. The question of the approval of this act shall be submitted to the electors of
the city at the general election to be held on November 3, 2020 or, if so determined by the city
council, at a special city-wide election, other than a primary, held on a date to be determined by
resolution of the city council. The question shall be submitted in substantially the following form:
"Shall an act passed at the 2020 session of the general assembly entitled 'AN ACT AUTHORIZING
THE CITY OF NEWPORT TO ISSUE NOT TO EXCEED ‎‎$106,500,000 GENERAL
OBLIGATION BONDS, NOTES AND OTHER EVIDENCES ‎OF INDEBTEDNESS TO
FINANCE ALL COSTS RELATING TO THE CONSTRUCTION, ‎RENOVATION,
IMPROVEMENT, ALTERATION, REPAIR, LANDSCAPING, ‎FURNISHING AND
EQUIPPING OF: (I) AN ADDITION TO THE CLAIBORNE PELL ‎ELEMENTARY
SCHOOL, ‎INCLUDING, BUT NOT LIMITED TO, CLASSROOMS AND ASSOCIATED
SUPPORT SPACE SITE IMPROVEMENTS, AND PARKING AND ‎‎(II) A NEW SCHOOL
FACILITY FOR THE WILLIAM S. ROGERS HIGH SCHOOL, ‎PROVIDED THAT THE
AUTHORIZATION SHALL BE REDUCED BY THE AMOUNT ‎OF CERTAIN GRANTS
RECEIVED FROM STATE BOND PROCEEDS, FROM THE ‎RHODE ISLAND
DEPARTMENT OF EDUCATION OR FROM THE RHODE ISLAND ‎SCHOOL BUILDING
AUTHORITY' 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 city
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. To the extent of any inconsistency between
this act and the city charter or any law of special applicability to the city, this act shall prevail.
     SECTION 15. This act shall constitute an enabling act of the general assembly that is
required pursuant to § 16-7-44. Any bonds, notes or other evidences of indebtedness issued under
this act for school projects shall not be eligible for state aid reimbursement pursuant to § 16-7-44
unless the school projects described herein have been approved by RIDE.
     SECTION 16. Sections 14 and 15 shall take effect upon the passage. 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 section 14.
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LC005377
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