AUTHORIZING THE TOWN OF BURRILLVILLE TO FINANCE THE CONSTRUCTION OF EXTENSIONS AND IMPROVEMENTS TO ITS SEWAGE DISPOSAL SYSTEM AND TO ISSUE NOT MORE THAN $6,000,000 BONDS THEREFOR
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Introduced
By: Representatives Rabideau, and Lowe |
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Date
Introduced: April 03, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The town of Burrillville is hereby empowered, in
addition to authority previously granted, to issue bonds to an amount not
exceeding six million dollars ($6,000,000) 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 years and the last
installment not later than forty years after the date of the bonds. For each
issue, the amounts payable annually for principal and interest combined either
shall be as nearly equal from year to year as 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.
The proceeds derived from the sale of the bonds shall be delivered to the
finance director, and such proceeds, exclusive of premiums and accrued
interest, shall be expended (a) for planning and constructing extensions and
improvements to the sewage disposal system or (b) in payment of the principal
of or interest on temporary notes issued under section three or (c) in
repayment of advances under section four or (d) for the cost of preparing,
issuing and marketing bonds or notes issued 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 projects shall
be carried out and all contracts made therefor on behalf of the town by the board of sewer commissioners. 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 shall be
deemed appropriated for the purposes of this act without further action than
that required by this act.
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 the 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 the 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 finance director. Temporary notes issued hereunder
shall be signed by the finance director and by the president of the town
council and shall be payable within five 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 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 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 two, such advances to
be repaid 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 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.
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 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 projects, 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 finance director,
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 costs 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. 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 hereunder to the extent not otherwise provided, to
the payment of costs of the projects, or to the payment of the principal of or
interest on bonds or notes issued hereunder or be added to and dealt with as
part of the revenues of the town from property taxes or sewer use charges, or
any one or more of the foregoing. In exercising any discretion under this
section, the 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 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 board of
sewer commissioners, is authorized to apply for, contract for and expend any
federal or state advances or other grants or assistance which 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. The question of the approval of this act shall be
submitted to the electors of the town at an election to be held on a date to be
determined by the town council, such date to be not later than December 31,
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 BURRILLVILLE TO FINANCE THE CONSTRUCTION OF
EXTENSIONS AND IMPROVEMENTS TO ITS SEWAGE DISPOSAL SYSTEM AND TO ISSUE NOT MORE
THAN $6,000,000 BONDS 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 his or her 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 at the election prescribed by the foregoing section.