AUTHORIZING THE TOWN OF NARRAGANSETT TO FINANCE THE INSTALLATION, EXPANSION, CONSTRUCTION, AND IMPROVEMENT OF (1) SEWERS AND STORM DRAINS PRIMARILY LOCATED ON A PORTION OF ASSESSOR'S PLAT Y-3 AND SERVICED OR TO BE SERVICED BY THE SCARBOROUGH PLANT AND (2) INTERCEPTORS, PUMPING STATIONS AND SEWAGE TREATMENT AND DISPOSAL FACILITIES TO SERVICE SUCH SEWERS AND STORM DRAINS AND TO IMPOSE ASSESSMENTS THEREFOR UNDER CHAPTER 1278 OF THE PUBLIC LAWS OF 1928, AS AMENDED AND TO ISSUE NOT MORE THAN $4,700,000 BONDS AND NOTES THEREFOR
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Introduced
By: Representatives Lally, and D Caprio |
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Date
Introduced: May 14, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1.The Town of Narragansett is hereby empowered, in
addition to authority previously granted, to issue bonds to an amount not
exceeding four million seven hundred thousand dollars ($4,700,000) 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 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 thirty 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 is 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 manual or facsimile signatures of 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 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 the
resolution 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 town
treasurer, and such proceeds exclusive of premiums and accrued interest shall
be expended for (a) the installation,
expansion, construction and improvement of (i) sewers and storm drains
primarily located in a certain portion of the town described below and serviced
or to be serviced by the Scarborough Plant and (ii) interceptors, pumping
stations and sewage treatment and disposal facilities to service such sewers
and storm drains; which may include constructing, installing and reconstructing
pumping stations, sewers, sewage treatment and disposal facilities, storm
drains (whether or not connected to said Plant) and incidental road
reconstruction, (b) in payment of the principal of or interest on temporary
notes issued under Section Three of this act or (c) in repayment of advances
under Section Four of this act. 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 Department of Public
Works, or as may be otherwise directed by the Town Council. The proceeds of
bonds or notes issued under this act, any applicable federal or state
assistance and the other monies referred to in Section Six of this act 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 bonds authorized by this act
shall be expended for the purposes set forth above. The certain portions of the
Town of Narragansett are in Narragansett Tax Assessor's Plat Y-3 and are
generally described as follows:
Bounded
on the east by Point Judith Road, bounded on the north by the lands of the Town
of Narragansett commonly known as Sunset Farm (Plat Y-3, Lots 1-A and 1-C),
bounded on the west by Point Judith Pond, and bounded on the south by Plat Y-4
and the southern line of Palm Beach Avenue generally between Delray Drive and Orlando Drive, excepting Lot 318 as
presently constituted; which area is delineated on a plan entitled "CONCEPTUAL
PLAN OF BRIGGS FARM SEWERS, PORTION OF ASSESSORS PLAT Y-3, TOWN OF NARRAGANSETT
ENGINEERING DEPARTMENT, MAY 2000, SCALE 1"=100", which plan was recorded in the
Records of Land Evidence of the Town of Narragansett on June 9, 2000. (the
"Service Area")."
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 authorization or issue of bonds or in anticipation of
the authorization or issue of bonds or in anticipation of the receipt of
federal or state aid for the purpose of this act. 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 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 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 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 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 premiums
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 extent not otherwise provided, to the
payment of the cost of the projects or to the cost of additional improvements
coming within the description of the projects in Section two of this act, 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
treasurer, be met from bond or note proceeds exclusive of accrued interest or
from other monies available therefor. Any balance of bond or note proceeds
remaining after payment or cost of the projects and said additional
improvements and the cost of preparing, issuing and marketing bonds or notes
hereunder shall be applied to the payment of the principal of or interest in
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. The treasurer is authorized to take any action
deemed by him or her necessary to (1) assure that interest on the bonds or
notes issued hereunder remains excludable from gross income of the recipients
thereof for federal income tax purposes, including, without limitation, paying
to the federal government any rebate of earnings derived from the deposit or
investment of the proceeds of such bonds or notes that may be required therefor
and (2) to comply with the requirements
of federal law, including without being limited to regulations and other
requirements of the Securities and Exchange Commission and the Municipal
Securities Rulemaking Board, imposed directly on the Town or on the purchasers or underwriters of such bonds and
notes.
SECTION
7. All bonds or 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 Council may fix and revise from time to time assessments
under Chapter 1278 of the public laws of 1928, as amended, on the owners of the
estates in the Service Area to pay all or any part of the principal and
interest coming due within the year on bonds and notes issued hereunder. 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 monies therefor are not provided by such assessments or 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 at 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 monies 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. To the extent of any
inconsistency between this act and the Town Charter, this act shall prevail.
SECTION
11. The provisions of Chapter 12.2 of Title 46 of the General Laws shall apply
to the issuance of bonds and notes under this act.
SECTION
12. The question of the approval of this act shall be submitted to the electors
of the town at an election on a date to be determined by the Town Council which
occurs at least thirty days after the passage of this act. 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
NARRAGANSETT TO FINANCE THE INSTALLATION, EXPANSION, CONSTRUCTION AND
IMPROVEMENT OF (1) SEWERS AND STORM DRAINS PRIMARILY LOCATED ON A PORTION OF
ASSESSOR'S PLAT Y-3 AND SERVICED OR TO BE SERVICED BY THE SCARBOROUGH PLANT AND
(2) INTERCEPTORS, PUMPING STATIONS AND SEWAGE TREATMENT AND DISPOSAL FACILITIES
TO SERVICE SUCH SEWERS AND STROM DRAINS AND TO IMPOSE ASSESSMENTS THEREFOR
UNDER CHAPTER 1278 OF THE PUBLIC LAWS OF 1928, AS AMENDED, AND TO ISSUED NOT
MORE THAN $4,700,000 BONDS AND NOTES THEREFOR' be approved?" and the warning
for the election shall contain the question to be submitted. The Town Board of
Canvassers may combine any two or more voting districts for the election and
when so combined shall be treated as a voting district. If so combined, the
Town Board of Canvassers shall advertise the combination of districts in a
newspaper of general circulation in the Town. 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
13. This section and Section 12 shall take effect upon passage. 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 Section 12.