AUTHORIZING THE TOWN OF EAST GREENWICH TO FINANCE THE ACQUISITION OF OPEN SPACE AND/OR RECREATION DEVELOPMENT PROJECTS AND TO ISSUE NOT MORE THAN $1,000,000 BONDS AND/OR NOTES THEREFOR
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Introduced
By: Senator J. Michael Lenihan |
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Date
Introduced: May 22, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The Town of East Greenwich is hereby empowered, in
addition to authority previously granted, to issue bonds to an amount not
exceeding one million dollars ($1,000,000) 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 manual or
facsimile signatures of the President of the Town Council and the Town Finance
Director and shall be issued and sold in such amounts as the Town Council may
authorize by resolution. 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. Interest coupons (if any) shall bear the manual or facsimile
signatures of the Finance Director. 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 financing the
acquisition of open space and/or recreation development projects, (b) in
payment of the principal of or interest on temporary notes issued under section
three, (c) in repayment of advances under section four, (d) in payment of
related costs of issuance of any bonds or notes, and/or (e) to finance
capitalized interest on the project. 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 acquisition of open space and/or the recreation development projects
shall be carried out and all contracts shall be 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 sections six and nine shall be
deemed appropriated for the purposes of this act without further action than that
required by this act. The bond issue
authorized by this act may be consolidated for the purposes of issuance and
sale with any other bond issue 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 Council President
and the Finance Director, 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
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 Finance Director. Temporary notes issued hereunder
shall be signed by the Town Finance Director 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 that 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 Finance Director in any investment permitted under section five. 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 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 to 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 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 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 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 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 first applied to the payment of interest due
thereon. Any premiums arising from the sale of bonds or notes hereunder shall,
in the discretion of the Town Finance Director, be applied to the cost of
preparing, issuing and marketing bonds or notes hereunder or, to the extent not
otherwise provided, 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 Town Finance Director, 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 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 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 and any
provision 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 of 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 projects costs under section two.
SECTION
10. Bonds and notes may be issued under this act
without obtaining 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 the financing
provided for herein shall be submitted to the East Greenwich Financial Town
Meeting on June 9, 2002 in accordance with the terms of the East Greenwich Home
Rule Charter. In the event this
question is not submitted to said Financial Town Meeting due to lack of a
quorum, the question of the approval of this Act shall be submitted to the
electors of the Town at the general election to be held on November 5, 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 East
Greenwich to finance the acquisition of open space and/or recreation
development projects and to issue not more than $1,000,000 bonds and/or notes
therefor' be approved?" and the warning for the meeting and election (if
necessary) shall contain the question to be submitted. From the time the meeting and election (if necessary)
are warned and until they are 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 meeting and 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
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 either the financial town meeting or the election prescribed by the
foregoing section.