Chapter 149
2006 -- H 8076
Enacted 06/16/06
A N A C T
AUTHORIZING
THE TOWN OF CUMBERLAND TO FINANCE THE ACQUISITION, PRESERVATION, IMPROVEMENT
AND RESTORATION OF OPEN SPACE IN THE TOWN BY THE ISSUANCE OF NOT MORE THAN
$5,000,000 BONDS AND/OR NOTES THEREFOR
Introduced
By: Representatives Menard, Moran, and Singleton
Date
Introduced: May 04, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. The
town of Cumberland is hereby authorized, in addition to authority
previously granted, to issue bonds up to an
amount not exceeding five million dollars
($5,000,000) 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
three (3) years and the last installment not
later than thirty (30) years after the date of the bonds.
All such bonds of a particular issue may be
issued in the form of zero coupon bonds, capital
appreciation bonds, serial bonds or term bonds,
or a combination thereof. The amount of
principal appreciation each year on any bonds,
after the date of original issuance, shall not be
considered to be principal indebtedness for the
purposes of any constitutional or statutory debt
limit or any other limitation. The appreciation
of principal after the date of original issue shall be
considered interest. Only the original principal
amount shall be counted in determining the
principal amount so issued and any interest
component shall be disregarded.
SECTION 2. The bonds
shall be signed by the manual or facsimile signatures of the town
director of finance and the mayor 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 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 bonds
shall be delivered to the director of finance,
and such proceeds, exclusive of premiums and
accrued interest, shall be expended as follows:
a) for the purpose of financing the acquisition,
preservation, improvement and restoration of
open space in the town (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 the costs of issuance associated with
the issuance of bonds or notes hereunder and/or
(e) in payment of capitalized interest during
construction of the Project. 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 Project
shall be carried out and all contracts made
therefor by the mayor on behalf of the town. The
proceeds of bonds or notes issued under this
act, any applicable federal or state assistance and the
other moneys 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. This 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 the bonds
authorized by this act shall be expended for the purposes
set forth above.
SECTION 3. The
town council may by resolution authorize the issuance 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 manual or facsimile signatures of the
director of finance and 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. 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 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. 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 town by the paying agent at
the direction of the director of finance 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 town.
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 or
resolution of the town council or pursuant to an
investment policy of the town.
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 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 project costs, 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 premium and 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 or interest on bonds or notes issued
hereunder. To the extent permitted by applicable
federal laws, any earnings or net profit realized
from the deposit or investment of funds
hereunder may upon receipt be added to and dealt with as
part of the revenues of the town from property
taxes. 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 debt evidenced hereby
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 approval
of any governmental agency or the taking of any
proceeding 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
director of finance and the mayor, on behalf of the town 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
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. The
question of the approval of this act shall be submitted to the electors
of the town at a general or special election
which is not a primary to be held on such date as shall
be designated by the town council. The question
shall be submitted in substantially the following
form: "Shall an act passed at the 2006 session
of the general assembly entitled 'An Act
Authorizing the Town of Cumberland to Finance
the Acquisition, Preservation, Improvement and
Restoration of Open Space in the Town by the
Issuance of Not More Than $5,000,000 Bonds
and/or Notes Therefor' be approved?" 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. To the extent
of any inconsistency between this act and the
town charter, this act shall prevail.
SECTION 13. 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.
=======
LC03179
=======