Chapter 008

2008 -- S 2457

Enacted 04/17/08

 

A N A C T

PROVIDING FOR CAPITAL IMPROVEMENTS TO THE EXETER-WEST GREENWICH REGIONAL SCHOOL DISTRICT JUNIOR/SENIOR HIGH SCHOOL, ELEMENTARY SCHOOLS AND ATHLETIC FIELDS AND FACILITIES AND AUTHORIZING FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $5,877,308 IN BONDS THEREFOR

          

     Introduced By: Senator Kevin A. Breene

     Date Introduced: February 13, 2008

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. The Exeter-West Greenwich Regional School District is hereby empowered

and authorized, in addition to authority previously granted, to issue bonds in an amount not

exceeding $5,877,308 from time to time under its corporate name and seal or a facsimile of such

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 not

later than three (3) years and the last installment not later than twenty-three (23) 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 District Treasurer and by the Chairperson

of the School Committee. The manner of the 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 School Committee 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 District Treasurer and such proceeds, exclusive of premiums

and accrued interest, and costs of issuance, shall be expended (a) for Capital Improvements to the

Exeter-West Greenwich Regional School District Junior/Senior High School, Elementary Schools

and Athletic Fields and Facilities (b) payment of the principal of or interest on temporary notes

issued under this act, or (c) and repayment of advances under this act. 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 projects shall be carried out and all contracts made therefore

on behalf of the district by the School Committee or as may be otherwise directed by the School

Committee. The proceeds of bonds or notes issued under this act, any applicable state assistance,

or other monies referred to in this at shall be deemed appropriated for the purposes of this act

without further action than that required by this act.

      SECTION 3. The School Committee may by resolution authorize the issuance from time

to time of interest bearing or discounted notes in anticipation of the issue of bonds under Section

2 or in anticipation of the receipt of federal or state aid for the purposes of this act. The amount

of original notes issued under this act and 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 treasurer. Temporary notes issued hereunder shall be signed by the District Treasurer and by

the Chairperson of the School Committee and shall be payable within three (3) years of 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 issuance 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 three (3) years.

     SECTION 4. Pending any authorization or issuance of bonds hereunder or pending or in

lieu of any authorization or issuance of notes hereunder, the District Treasurer with the approval

of the Chairperson of the School Committee may to the extent that bonds or notes may be issued

hereunder apply funds in the treasury of the district to the purposes specified in Section 2; 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

treasurer in demand deposits, time deposits, or saving deposits, in banks which are members of

the Federal Deposit Insurance Corporation, or in other 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 laws 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 shall in the discretion of the treasurer be applied to the cost of

preparing, issuing, and marketing bonds or notes hereunder to the extent not otherwise provided

or to the payment of the cost of the projects or to the payment of the principal 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 hereunder may also in the discretion of the treasurer be met from

bond or note proceeds exclusive of premium and accrued interest or from other monies 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 of or interest on bonds or notes issued hereunder. Any earnings or net

profit realized from the deposit or investment of funds hereunder shall upon receipt be added to

and dealt with as part of the revenues of the District.

     SECTION 7. All bonds and notes issued under this act and the debts evidenced thereby

shall be obligatory on the District in the same manner and to the same extent as other debts

lawfully contracted by it. The District shall annually appropriate an amount sufficient to pay the

principal and interest coming due within the year on bonds and notes issued hereunder to the

extent that monies therefor are not otherwise provided. If such sum is not appropriated by the

District or the member Towns of the District it shall nevertheless be an obligation of the member

Towns of the District and shall be added to the member Towns’ annual tax levies. In order to

provide such sum each year and notwithstanding any provision of law to the contrary, all taxable

property in the member Towns shall be subject to ad valorem taxation by the towns without

limitation as to rate or amount.

     SECTION 8. Any bonds or notes issued under the provisions of this act, if properly

executed by the officers of the District in Office on the date of execution, shall be valid and

binding according to their terms notwithstanding that before the delivery thereof and payment

therefore any and all of such officers for any reason have ceased to hold office.

     SECTION 9. The District acting by its School Committee 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 purpose of this act and any such expenditures may be in addition to other monies

provided in this act. To the extent of any inconsistency between any law of this state and any

applicable federal law or regulation, the later 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 2.

     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 or such issue. In carrying out any project

financed in whole or in part in this act, including where applicable to 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 actions shall be taken which are 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 voters of

the Exeter-West Greenwich Regional School District at a special financial District meeting to be

held on such date and at such time as shall be fixed by the School Committee or at the annual

financial district meeting or any adjournment thereof as may be scheduled by the School

Committee. The question shall be submitted in substantially the following form: “Shall an act

passed at the 2008 session of the general assembly entitled, ‘An act providing for Capital

Improvements to the Exeter-West Greenwich Regional School District Junior/Senior High

School, Elementary Schools and Athletic Fields and Facilities, and authorizing financing thereof,

including the issue of not more than $5,877,308 in bonds therefor’; be approved?” and the

warning for the financial District meeting at which the matter is to be considered shall contain the

question to be submitted. From the time the financial District meeting is warned and until it is

held, it shall be the duty of the District Clerk to keep a copy of the act available at the District

office for public inspection but the validity of the annual or special financial District meeting

shall not be affected by this requirement.

     SECTION 12. This Section and Section 11 shall take effect upon passage. The remainder

of this act shall take effect upon the approval of this act by a majority of the voters voting on the

question as prescribed by Section 11.

          

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LC01365

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