AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE IMPROVEMENT AND REPLACEMENT OF ROAD AND TRAFFIC CONTROL DEVICES IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $200,000 BONDS AND NOTES THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2003 AND 2004
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Introduced
By: Representatives M Anderson, Vieira, Pires, E Coderre, and San Bento
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Date
Introduced: May 14, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The city of Pawtucket is hereby authorized, in
addition to authority previously granted, to issue bonds up to an amount not
exceeding two-hundred thousand dollars ($200,000) from time to time under its
corporate name and seal or a facsimile of such. 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 three (3)
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 city treasurer
and by the manual or facsimile signature of the mayor and be issued and sold in
such amounts as the city council may determine. 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 city council authorizing the issue or by separate resolution
of the city 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 city
treasurer, and such proceeds exclusive of premiums and accrued interest shall
be expended: (a) for the improvement and replacement of road and traffic
control devices in the city of Pawtucket (the project); (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) in payment of capitalized interest during
construction of the project. There being no local election planned for the
calendar year 2003 in the city of Pawtucket, the amounts authorized by this act
to finance the project are intended to fund appropriations for two fiscal
years. The city, however, is not required to issue the bonds and notes
authorized by this act during the fiscal years ending June 30, 2003 or June 30,
2004, but may issue them at any time, or from time to time. 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 sections six and nine shall be
deemed appropriated for the purposes of this act without further action than
that required by this act.
SECTION
3. The city council may by resolution authorize the
issuance from time to time of interest bearing or discounted notes in
anticipation of the issue of bonds under section 2 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 city treasurer. Temporary
notes issued hereunder shall be signed by the city treasurer and by the mayor
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 city by the paying agent at the direction of the city 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 city. The city 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 city's
authority to issue bonds or notes in anticipation of bonds under this act shall
continue provided that 1) the city council passes a resolution evidencing the
city'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
5-106 of the city charter shall not apply to the issue of notes in anticipation
of bonds.
SECTION
4. Pending any authorization or issue of bonds
hereunder or pending or in lieu of any authorization or issue of notes
hereunder, the city treasurer, with the approval of the city council may, to
the extent that bonds or notes may be issued hereunder, apply funds in the
general treasury of the city 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 city 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, to the extent permitted by applicable federal laws, any net earnings or
profits realized from the deposit or investment of funds hereunder shall, in
the discretion of the city 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, to the revenues of
the city and dealt with as part of the revenues of the city from property taxes
to the extent permitted by federal law, 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 city treasurer, be met from the bond or note proceeds
exclusive of premium and accrued interest or from other monies available
therefor. In exercising any discretion under this section, the city treasurer
shall be governed by any instructions adopted by resolution of the city
council. Any balance of bonds or note proceeds remaining after completion of
the project shall be subject to section 5-109 of the city charter.
SECTION
7. All bonds and notes issued under this act and the
debt evidenced hereby shall be obligatory on the city 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 city for the purpose of
ascertaining its borrowing capacity. The city 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
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 provisions of law to the contrary, all taxable property in
the city shall be subject to ad valorem taxation by the city without limitation
as to rate or amount.
SECTION
8. Any bonds or notes issued under the provisions of
this act, if properly executed by the officers of the city 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 city, acting by resolution of its city 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 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 a cost of the project under section 2.
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. Without limiting the generality of the foregoing, the validity
of bonds and notes issued hereunder shall in no way be affected by sections
2-308 and 4-1602 of the city charter, and the purposes of this act shall be
deemed to constitute a single project under Article V of the city charter.
SECTION
11. The city treasurer and the mayor, on behalf of
the city are hereby authorized to execute such instruments, documents or other
papers as either of the foregoing deem necessary or desirable to carry out the
intent of this act and are also authorized to take all actions and execute all
documents 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 (the Rule) and to execute and deliver a continuing disclosure
agreement or certificate in connection with the bonds or notes in the form as
shall be deemed advisable by such officers in order to comply with the Rule.
SECTION
12. All or any portion of the authorized but unissued
authority to issue bonds and notes under this act may be extinguished by
resolution of the city council, without further action by the general assembly,
seven (7) years after the effective date of this act.
SECTION
13. The question of the approval of this act shall be
submitted to the electors of the city at the next general election but if a
special city-wide election or special state election, in either case other than
a primary, is called for a date earlier than the date of such general election,
the mayor may direct that the question of the approval of this act be submitted
at such special election. 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 city of Pawtucket to provide for the
improvement and replacement of road and traffic control devices in the city of
Pawtucket and authorizing the financing thereof, including the issue of not
more than $200,000 bonds and notes therefor, to fund the Capital Improvement
Program for the two fiscal years 2003 and 2004' 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 city 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 city charter or any
law of special applicability to the city, this act shall prevail.
SECTION
14. This section and the foregoing 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.