AUTHORIZING THE TOWN OF BARRINGTON TO FINANCE ROAD IMPROVEMENTS IN THE TOWN OF BARRINGTON AND TO ISSUE NOT MORE THAN $5,000,000 BONDS OR NOTES THEREFOR
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Introduced
By: Senator David E. Bates |
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Date
Introduced: January 10, 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 five million dollars ($5,000,000) 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 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. 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 road improvements, including constructing and reconstructing of road
surfaces, sidewalks and drains 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 cost of the project
under Section 20.
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 the 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 ROAD
IMPROVEMENTS IN THE TOWN OF BARRINGTON AND TO ISSUE NOT MORE THAN $5,000,000
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.