Chapter 491

2006 -- H 8258

Enacted 07/06/06

A N A C T

AUTHORIZING THE TOWN OF NORTH SMITHFIELD TO FINANCE THE ACQUISITION OF LAND AND OTHER PROPERTY FOR, AND THE CONSTRUCTION, FURNISHING AND EQUIPPING OF, A NEW ELEMENTARY SCHOOL AND SCHOOL FACILITIES IN THE TOWN (INCLUDING DEMOLITION OF EXISTING SCHOOLS AND SCHOOL FACILITIES) IN ACCORDANCE WITH PHASE II OF THE COMPREHENSIVE SCHOOL FACILITIES MASTER PLAN BY THE ISSUANCE OF NOT MORE THAN $22,000,000 BONDS AND/OR NOTES THEREFOR

Introduced By: Representative Raymond C. Church

Date Introduced: June 19, 2006

It is enacted by the General Assembly as follows:

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

previously granted, to issue general obligation bonds and notes to an amount not exceeding

twenty-two million dollars ($22,000,000) from time to time under its corporate name and seal.

The bonds of each issue 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, in such installments as

are fixed by the proceedings of the town council authorizing the issue or by separate resolution of

the town council. 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, and may

bear interest at a fixed rate or rates or at a variable or auction rate or rates, as determined by the

proceedings of the town council authorizing the issue or by separate resolution of the town

council. The bonds may be sold by a negotiated sale or by competitive bid and issued pursuant to

a resolution or an indenture of trust, as is determined by the proceedings of the town council

authorizing the issue or by separate resolution of the town council, provided that the final

maturity of such bonds shall not exceed thirty (30) years from and after the date the bonds are

issued. 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 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 director of finance and 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 purpose of financing the acquisition of land and other property for, and the

construction, furnishing and equipping of, a new elementary school and school facilities in the

town (including demolition of existing schools and school facilities) in accordance with Phase II

of the Comprehensive School Facilities Master Plan, (b) in payment of the principal of and/or

interest on temporary notes issued under section three, (c) in repayment of advances made

pursuant to section four, and/or (d) in payment of costs of issuance associated with the issuance

of bonds or notes hereunder. 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 purpose of

this act without further action than that required by this act. This bond issue authorized by this act

may be consolidated for the purpose 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 purpose set

forth above. The director of finance and the president of the town council, on behalf of the town,

are hereby authorized to execute such instruments, 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 and to execute and deliver a continuing disclosure agreement or certificate in

connection with the bonds or notes.

     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 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. 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. 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.

     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 the cost of the project, 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 issued 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. 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 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. The question of the approval of this act shall be submitted to the electors

of the town at the general election to be held on November 7, 2006 or at a general or special

election (other than a primary election) to be held on a 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 NORTH SMITHFIELD TO FINANCE THE ACQUISITION OF LAND AND

OTHER PROPERTY FOR, AND THE CONSTRUCTION, FURNISHING AND EQUIPPING

OF, A NEW ELEMENTARY SCHOOL AND SCHOOL FACILITIES IN THE TOWN

(INCLUDING DEMOLITION OF EXISTING SCHOOLS AND SCHOOL FACILITIES) IN

ACCORDANCE WITH PHASE II OF THE COMPREHENSIVE SCHOOL FACILITIES

MASTER PLAN BY THE ISSUANCE OF NOT MORE THAN $22,000,000 BONDS AND/OR

NOTES THEREFOR' be approved?" 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. To the extent of any

inconsistency between this act and the town charter, this act shall prevail.

     SECTION 12. Sections 11 and 12 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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LC03502

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