Chapter 394
2006 -- S 3119
Enacted 07/06/06
A N A C T
AUTHORIZING
THE CITY OF CRANSTON TO ISSUE NOT MORE THAN $8,500,000 BONDS AND NOTES TO
FINANCE UPGRADES AND RENOVATIONS TO THE CITY'S SEWER SYSTEM, INCLUDING GRAVITY
LINES, FORCE MAINS, PUMP STATIONS AND THE TREATMENT PLANT
Introduced
By: Senators Gallo, Roberts, and Lanzi
Date
Introduced: May 25, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. The
City of Cranston is hereby empowered, in addition to authority
previously granted, to issue bonds to an amount
not exceeding eight million five hundred
thousand dollars ($8,500,000) from time to time
under its corporate name and seal or a facsimile
of such seal. The bonds of each issue shall
mature 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. Annual installments of principal may be
provided for by maturity of principal in the case
of serial bonds or by mandatory serial
redemption in the case of term bonds. 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, statutory, or
charter 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
director of finance and the mayor and shall be
issued and sold in such amounts as the city 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 city council authorizing the issue by
separate order or 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. Interest
coupons (if any) shall bear the facsimile signature
of the director of finance. 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) to finance upgrades and renovations
to the City's sewer system, including gravity
lines, force mains, pump stations and the
treatment plant, but for no other uses or purposes (such
as temporary borrowings for the benefit of any
other city department), or (b) in payment of the
principal or of 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 sections six and
nine shall be deemed appropriated for the purposes of
this act without further action than that
required by this act. In addition to such funds, there may
be expended for the purposes of this act such
other sum as may be appropriated therefore. The
bond issue authorized by this act may be
consolidated for the purposes of issuance and sale with
any other bond issue of the city 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
city council may, by order or resolution authorizing the bonds or by
separate order or resolution, authorize the
issuance from time to time of interest bearing or
discounted notes in anticipation of the issue of
the bonds under Section Two or in anticipation of
the receipt of federal or state aid for the
purposes of this act. The amount of the original notes
issued in anticipation of the 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 signature of the
director of finance and countersigned by the
manual or facsimile signature of the mayor and shall
be payable within five (5) years from their
respective dates, but the principal of an 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 the 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 (1) time in
excess of two hundred percent (200%) of the
amount of the 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 (1)
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 that 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.
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 given by an order or resolution passed
and approved in the manner provided in Chapter
12 of the city charter, but not subject to the
provisions of Section 12.03 of said Chapter, may, to
the extent that bonds or notes may be issued
hereunder apply funds in the 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, and subject to the approval of the
investment committee mentioned in Section 7.05
of the city charter, 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 obligation 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 laws of the state of
Rhode Island and by ordinance or resolution of the
city council.
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 net earnings or profits
realized form the investment of funds hereunder
and any premiums arising from the sale of
bonds or notes hereunder shall, in the
discretion of the city treasurer, be applied to 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 or
the cost of additional improvements coming within
the description of the projects in Section Two
of this act, 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
city treasurer, 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 projects and the cost
of additional improvements coming within the
description of the projects in Section Two of
this act, and 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 law, 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
city from property taxes. In exercising any discretion
under this section, the city treasurer shall be
governed by any instructions adopted by any order or
resolution of the city council.
SECTION 7. All
bonds and notes issued under this act and the debts evidenced thereby
shall be obligatory to 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
years on bonds and notes issued hereunder to the
extent that moneys thereof 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 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, and coupons, if
any, 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 delivery thereof and
payment therefor any or all of the officers
shall for any reason have ceased to hold office.
SECTION 9. The
city, acting by order or resolution of its city council, passed and
approved in the manner provided in chapter 12 of
the city charter, but not subject to the provision
of Section 12.03 of said chapter, is authorized
to apply for, contract for and expand 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 of this act.
SECTION 10. Bonds and
notes may be issued under this act without obtaining 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 projects finance 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 projects, 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
or 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 city at the general election to be held
on November 7, 2006. 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 City of Cranston to issue not more than
$8,500,000 bonds and notes to finance upgrades
and renovations to the City's sewer system,
including gravity lines, force mains, pump
stations and the treatment plant' be approved?" and the
warning for the election shall contain the
question to be submitted. From the time 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 the city clerk's 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, this
act shall prevail.
SECTION 12. This
section and the foregoing section shall take effect upon passage of the
act. The remainder of this act shall take effect
upon the approval of the act by a majority of those
voting on the question at the election
prescribed by the foregoing section.
=======
LC03270
=======