Chapter 437

2004 -- S 3218

Enacted 07/05/04

A N A C T

AUTHORIZING THE TOWN OF MIDDLETOWN TO BORROW UP TO $1,500,000 FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND EXTENSION OF SEWERS AND SEWER LINES THROUGH THE ISSUANCE OF ITS GENERAL OBLIGATION BONDS OR NOTES INCLUDING BUT NOT LIMITED TO, ANY BONDS OR NOTES ISSUED PURSUANT TO FINANCING AGREEMENTS WITH THE RHODE ISLAND CLEAN WATER FINANCE AGENCY

Introduced By: Senator June N. Gibbs

Date Introduced: June 22, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. The town of Middletown is hereby empowered, in addition to authority

previously granted, to issue bonds to an amount not exceeding one million five hundred thousand

dollars ($1,500,000) 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 town finance director 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. Notwithstanding anything contained in this act, the city may enter into

financing agreements with the Rhode Island Clean Water Finance Agency pursuant to title 46,

Chapter 12.2 of the general laws and, with respect to notes or bonds issued in connection with

such financing agreements, if any, the city may elect to have the provisions of title 46, Chapter

12.2 of the general laws apply to the issuance of the bonds or notes issued hereunder to the extent

the provisions of title 46, chapter 12.2 of the general laws are inconsistent herewith. Such

election may be fixed by the proceedings of the city council authorizing such issuance 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 finance director, and such proceeds

exclusive of premiums and accrued interest shall be expended (a) for the construction and

extension of sewers and sewer lines, (b) in payment of the principal of or interest on temporary

notes issued under section three (c) in payment of capitalized interest on bonds or notes (d) in

repayment of advances under section four, or (e) in payment of related costs of issuance of any

bonds or notes. 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 sales thereof. The project shall be

carried out and all contracts 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

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 finance director. Temporary notes

issued hereunder shall be signed by the 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 thereunder, providing the period from the date of an original note to the

maturity or any note issued to renew or pay the same debt or the interest thereon shall not exceed

five (5) years. 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 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 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.

     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 finance director, 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 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

finance director, 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 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.

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 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. All or any portion of the authority to issue bonds and notes under this act

may be extinguished by resolution of the town council, without further action by the general

assembly.

     SECTION 12. The town finance director and the president of the town council, on behalf

of the town, are hereby authorized to execute such 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 (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 13. The question of the approval of this act shall be submitted to the electors

of the town at a general or special election (other than a primary) to be held prior to December 31,

2004, as shall be designated by the town council. 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 MIDDLETOWN TO BORROW UP TO $1,500,000

FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND EXTENSION OF

SEWERS AND SEWER LINES THROUGH THE ISSUANCE OF ITS GENERAL

OBLIGATION BONDS OR NOTES INCLUDING BUT NOT LIMITED TO, ANY BONDS OR

NOTES ISSUED PURSUANT TO FINANCING AGREEMENTS WITH THE RHODE

ISLAND CLEAN WATER FINANCE AGENCY' 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 14. 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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LC03714

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