Chapter
524
2006 -- H 8186
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: Representatives Palumbo, Ucci, Lima, Jacquard, and Mumford
Date Introduced: June 06,
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.
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LC03295
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