AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO FINANCE THE DEVELOPMENT AND CONSTRUCTION OF MULTIUSE PLAYFIELDS, BIKEWAYS AND PARK FACILITIES ON PROPERTY LOCATED OFF BROAD ROCK ROAD AND TO ISSUE NOT MORE THAN $925,000 BONDS THEREFOR
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Introduced
By: Senator V. Susan Sosnowski |
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Date
Introduced: May 08, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. The town of South Kingstown is hereby empowered,
in addition to authority previously granted, to issue bonds to an amount not
exceeding nine hundred twenty-five thousand dollars ($925,000) 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. 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 director of
finance 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
director of finance, and such proceeds, exclusive of premiums and accrued interest,
shall be expended: (a) for the development and construction of multiuse
playfields, bikeways and park facilities on property located off Broad Rock
Road 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.
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 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 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 director of finance. Temporary notes issued hereunder
shall be signed by the director of finance 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 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.
SECTION
4. Pending any authorization or issue of bonds
hereunder, or pending or in lieu of any authorization or issue of notes
hereunder, the director of finance, 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 director of finance 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 director of finance, 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 (1) or more of the foregoing. The cost of preparing, issuing and
marketing bonds or notes hereunder may also, in the discretion of the director
of finance, 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 projects 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. In
exercising any discretion under this section, the director of finance 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 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 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 a general state 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 SOUTH KINGSTOWN TO FINANCE THE DEVELOPMENT AND CONSTRUCTION OF
MULTIUSE PLAYFIELDS, BIKEWAYS AND PARK FACILITIES ON PROPERTY LOCATED OFF BROAD
ROCK ROAD AND TO ISSUE NOT MORE THAN $925,000 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.