AUTHORIZING THE TOWN OF CHARLESTOWN TO FINANCE THE ACQUISITION OF LAND FOR AND THE CONSTRUCTION, FURNISHING AND EQUIPPING OF AN ELEMENTARY SCHOOL, MIDDLE SCHOOL AND HIGH SCHOOL AND/OR THE RENOVATION, REHABILITATION, REPAIR, IMPROVEMENT AND EQUIPPING OF AND/OR ADDITIONS TO EXISTING SCHOOLS AND SCHOOL FACILITIES IN THE TOWN BY THE ISSUANCE OF NOT MORE THAN $15,000,000 BONDS AND/OR NOTES THEREFOR
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Introduced
By: Representatives Garvey, and Kennedy |
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Date
Introduced: June 04, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The town of Charlestown is hereby empowered, in
addition to authority previously granted, to issue general obligation bonds and
notes to an amount not exceeding Fifteen Million Dollars ($15,000,000) 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. Annual installments of principal may be provided for by maturity of
principal in the case of serial bonds or by mandatory serial redemption in the
case of term 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.
SECTION
2. The bonds shall be signed by the town treasurer
and 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 director of finance, and
such proceeds, exclusive of premiums and accrued interest, shall be expended
(a) to finance the acquisition of land for and the construction, furnishing and
equipping of an elementary school, middle school and high school and/or the
renovation, rehabilitation, repair, improvement and equipping of and/or
additions to existing schools and school facilities in the town, (b) in payment
of the principal of and/or interest on temporary notes issued under section
three, or (c) in repayment of advances made pursuant to section four, and/or
(d) in payment of costs of issuance associated with the issuance of bonds or
notes hereunder. 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 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 the other
moneys referred to in section six and nine, shall be deemed appropriated for
the purpose 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 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 treasurer 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, including Rule 15c2-12 of the
Securities and Exchange Commission and to execute and deliver a continuing
disclosure agreement or certificate in connection with the bonds or notes.
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 treasurer. Temporary notes issued hereunder shall
be signed by the town treasurer 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 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, moneys in the fund shall be invested for the benefit
of the town by the paying agent at the direction of the town treasurer in any
investment permitted under section five. The moneys 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 moneys 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 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 two, 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 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 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 town treasurer, 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 issued hereunder may also, in the discretion of the town
treasurer, be met from bond or note proceeds exclusive of 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. 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 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 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
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 project costs under section two.
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 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, seven (7) years after the effective
date of this act.
SECTION
12. The question of the approval of this act shall be
submitted to the electors of the town at the general state election (other than
a primary election) held prior to December 31, 2002 on a date as shall be
designated by the town council. 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 CHARLESTOWN TO
FINANCE THE ACQUISTION OF LAND FOR AND THE CONSTRUCTION, FURNISHING AND
EQUIPPING OF AN ELEMENTARY SCHOOL, MIDDLE SCHOOL AND HIGH SCHOOL AND/OR THE
RENOVATION, REHABILITATION, REPAIR, IMPROVEMENT AND EQUIPPING OF AND/OR
ADDITIONS TO EXISITING SCHOOLS AND SCHOOL FACILITIES IN THE TOWN BY THE
ISSUANCE OF NOT MORE THAN $15,000,000 BONDS AND/OR NOTES THEREFOR' be
approved?" 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 his or her
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
13. Sections 12 and 13 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.