AUTHORIZING THE TOWN OF BARRINGTON TO FINANCE SCHOOL RENOVATIONS, REPAIRS AND FURNISHINGS IN THE TOWN OF BARRINGTON AND TO ISSUE NOT MORE THAN $4,000,000 BONDS OR NOTES THEREFOR
|
Introduced
By: Representatives Story, Savage, and Malik |
|
|
Date
Introduced: January 03, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The town of Barrington is hereby empowered, in
addition to authority previously granted, to issue bonds to an amount not
exceeding four million dollars ($4,000,000)
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 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.
SECTION
2. The bonds shall be signed by the manual or
facsimile signature of the treasurer and by the manual or facsimile signature
of 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 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 treasurer, and
such proceeds, exclusive of premiums and accrued interest, shall be expended (a)
for school renovations, repairs and furnishings in the town; or (b) in payment
of the principal of or interest on temporary notes issued under Section 3; or
(c) in repayment of advances under Section 4.
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 Section 6 shall be deemed appropriated for the purposes
of this act without further action than that required by this act. The bonds and notes authorized by this act
may be consolidated for the purposes of issuance and sale with any other bond
issue and note issue of the town heretofore or hereafter authorized provided, that notwithstanding any such
consolidation, the proceeds from the sale of the bonds and notes authorized by
this act shall be expended for the purposes set forth above.
SECTION
3. The town council may by resolution authorize the
issuance 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 treasurer.
Temporary notes issued hereunder shall be signed by the treasurer 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 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.
SECTION
4. Pending
any authorization or issue of bonds hereunder or pending or in lieu of any
authorization or issue of notes hereunder, the treasurer, 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 treasurer 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.
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 premium 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 treasurer, be applied to the cost of
preparing, issuing and marketing bonds or notes hereunder, to the payment of
the project costs, to the payment of the principal of or interest on bonds or
notes issued hereunder or to any one (1) or more of the foregoing. The cost of
preparing, issuing and marketing bonds or notes hereunder may also, in the
discretion of the treasurer, be met from bond or note proceeds exclusive of
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 on
bonds or notes issued hereunder. In exercising any discretion under this
section, the treasurer 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 section
45-12-2 and section 45-12-21 of the general laws and section 6-5-1 of the town
charter. 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 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 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 a project cost of the project
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. The
question of the approval of this act shall be submitted to the electors of the
town at a special election to be held on April 9, 2002. The question shall be submitted in
substantially the following form: "Shall an act passed at the 2002 session of
the general assembly, entitled 'AN ACT AUTHORIZING THE TOWN OF BARRINGTON TO
FINANCE SCHOOL RENOVATIONS, REPAIRS AND FURNISHINGS IN THE TOWN OF BARRINGTON
AND TO ISSUE NOT MORE THAN $4,000,000 BONDS 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 town clerk's office for public inspection, but the
validity of the election shall not be affected by this requirement.
SECTION
12. 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 of the election prescribed by
the foregoing Section 11.