Chapter 04-076

2004 -- H 8473

Enacted 06/11/04

A N A C T

AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO FINANCE THE

CONSTRUCTION OF A SCHOOL/COMMUNITY GYMNASIUM AND TO ISSUE NOT

MORE THAN $1,550,000 BONDS THEREFOR

Introduced By: Representatives Shanley, McHugh, Lally, and D Caprio

Date Introduced: April 28, 2004

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 one million five hundred fifty

thousand dollars ($1,550,000) 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 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 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 construction of a gymnasium for school and community recreation programs

or (b) in payment of the principal of or interest on temporary notes issued under section three or

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 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 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 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 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 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. 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 the 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 or 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 the general state election to be held on November 2, 2004. The question shall be

submitted in substantially the following form: "Shall an act, passed at the 2004 session of the

general assembly, entitled 'AN ACT AUTHORIZING THE TOWN OF SOUTH KINGSTOWN

TO FINANCE THE CONSTRUCTION OF A SCHOOL/COMMUNITY GYMNASIUM AND

TO ISSUE NOT MORE THAN $1,550,000 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 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.

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LC03267

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