Chapter
435
2008 -- H 8227 SUBSTITUTE A AS AMENDED
Enacted 07/05/08
A N A C T
(I) AUTHORIZING THE
CHARIHO REGIONAL SCHOOL DISTRICT TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT,
DEMOLITION, ALTERATION, REPAIR, ADDITIONS, PAVING, LANDSCAPING, FURNISHING AND
EQUIPPING OF THE CHARIHO HIGH SCHOOL AND IMPROVEMENTS TO THE SWITCH ROAD
CAMPUS, INCLUDING, BUT NOT LIMITED TO, A MAINTENANCE FACILITY, TRACK, PARKING
AND UTILITY AND SECURITY UPGRADES BY THE ISSUANCE OF NOT MORE THAN $17,847,000
BONDS AND/OR NOTES THEREFOR AND (II) PROVIDING THAT THE PRINCIPAL OF,
REDEMPTION PREMIUM AND INTEREST ON BONDS AND NOTES ISSUED FOR THE PROJECT WILL
BE BORNE BY THE MEMBER TOWNS IN EQUAL SHARES, WITH EACH TOWN PAYING ONE-THIRD
OF THE COSTS AND SUBJECT TO APPROVAL OF STATE SCHOOL HOUSING AID
Introduced By:
Representatives Scott, and Walsh
Date Introduced: April 30,
2008
It is
enacted by the General Assembly as follows:
SECTION
1. The regional school district incorporated pursuant to Chapter 55 of the
Public
Laws of 1958, as amended, known as the Chariho Regional School District, is
hereby
empowered,
in addition to authority previously granted, to issue general obligation bonds
and
notes
to an amount not exceeding seventeen million, eight hundred forty-seven
thousand dollars
($17,847,000)
from time to time under its corporate name and seal; provided, however, that
bonds
and
notes shall not be issued unless the conditions of Section 4 hereof as to the
level of state
school
housing aid are met. The bonds of each issue may be issued in the form of
serial bonds or
term
bonds, zero coupon bonds, capital appreciation bonds, or compound interest
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 five (5) years and the last
installment not later
than
thirty (30) years after the date of the 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 district treasurer and the chairperson of
the
regional
school district committee and shall be issued and sold in such amounts as the
regional
school
district committee 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 regional school district committee authorizing the
issue or by
separate
resolution of the regional school district 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 treasurer
of the regional
school
district committee, and such proceeds, exclusive of premiums and accrued
interest, shall
be
expended (a) to finance the construction, renovation, improvement, demolition,
alteration,
repair,
additions, paving, landscaping, furnishing and equipping of the Chariho High
School and
improvements
to the Switch Road Campus, including, but not limited to, a maintenance
facility,
track,
parking and utility and security upgrades (the "Project"), (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; (d) in payment of costs of issuance associated with the
issuance of bonds
or
notes hereunder, and/or (e) to finance capitalized interest. 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 regional school district 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. The district
treasurer
and the
chairperson of the regional school district committee, on behalf of the
regional school
district,
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 regional school district committee 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 the 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
of the regional school district. Temporary notes issued hereunder shall be
signed by the
district
treasurer and by the chairman of the regional school district committee 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 funds shall be invested for the benefit
of the
regional
school district by the paying agent at the discretion of the treasurer of the
regional school
district
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 regional school district committee. The regional school
district
committee
may pay the principal of and interest on notes in full from sources other than
the
issuance
of refunding notes prior to the issuance of bonds pursuant to Section 1 hereof.
In such
case,
the regional school district committee's authority to issue bonds or notes in
anticipation of
bonds
under this act shall continue provided that 1) the regional school district
committee passes
a
resolution evidencing the regional school district committee's intent to pay
off the notes without
extinguishing
the authority to issue bonds or 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. Bonds and notes shall not be issued unless the Chariho Regional School
District
has received a letter from the Rhode Island Department of Elementary and
Secondary
Education
confirming that the Board of Regents for Elementary and Secondary Education has
approved
the facilities to be financed for school housing aid.
SECTION 5. Pending any authorization or issue of bonds hereunder or pending or
in lieu
of any
authorization or issue of notes hereunder, the district treasurer, with the
approval of the
regional
school district committee, may, to the extent that bonds or notes may be issued
hereunder,
apply funds in the treasury of the regional school district committee 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
6. 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 district
treasurer
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 ("Government
Obligations") or as
may be
provided in any other applicable law of the state of Rhode Island or resolution
of the
regional
school district committee or pursuant to an investment policy of the regional
school
district
committee. Any bank deposits or investments, other than investments in
Government
Obligations,
must either be directly insured by the Federal Deposit Insurance Corporation or
be
collateralized
by Government Obligations which have a value equal to or greater than 102% of
the
deposit or investment amount.
SECTION
7. 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 district treasurer, 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 Projects, 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 district
treasurer,
be met from bond or note proceeds exclusive of accrued interest or from other
moneys
available
therefor. If, upon completion of any of the Projects, there shall be any
balance of bond
or note
proceeds remaining not required for the payment of the costs of such Projects,
such funds
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 regional school district from the member towns. In exercising
any discretion
under
this section, the treasurer shall be governed by any instructions adopted by
resolution of the
regional
school district committee.
SECTION
8. All bonds and notes issued under this act and the debts evidenced thereby
shall
be obligatory on the regional school district committee in the same manner and
to the same
extent
as other debts are obligatory under the laws of this state on incorporated
towns of this state
and
such debt evidenced by said bonds or notes shall not be construed at any time
to form a part
of the
debt of any individual town which is a member of the regional school district
for the
purpose
of ascertaining the borrowing capacity of such town, nor shall said debt
contracted by the
regional
school district in any way apply to the operation of section 45-12-2 of the
general laws,
as
amended, with respect to any member town. The regional school district shall
annually
appropriate
a sum sufficient to pay the principal and interest coming due within the year
on bonds
and
notes issued hereunder until such bonds and notes and the interest thereon are
paid in full.
SECTION
9. Any bonds or notes issued under the provisions of this act, if properly
executed
by officers of the regional school 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
therefor any or all of such officers shall for any reason have ceased to hold
office.
SECTION
10. The regional school district, acting by resolution of its regional school
district
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 purposes of this
act, and
any
such expenditures may be in addition to other moneys provided in this act. To
the extent of
any
inconstancy 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
11. 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 assessment or other charges
permitted by
law on
account of 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
12. All or any portion of the authority to issue bonds and notes under this act
may be
extinguished by resolution of the regional school district committee, without
further
action
by the general assembly, seven (7) years after the effective date of this act.
SECTION
13. Notwithstanding the provisions of Section 15 of Chapter 55 of the Public
Laws of
1958 as heretofore amended, including amendments made by Chapter 490 of the
Public
Laws of
2006, the principal of, redemption premium and interest on the bonds and or
notes
authorized
by this act, shall be borne by the member towns in equal shares, with each
member
town
paying one-third of the costs.
SECTION
14. The question of the approval of this act shall be submitted to the electors
of the
towns of Charlestown, Richmond and Hopkinton at an election (other than a
primary
election)
to be held on a date to be set by the regional school district 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 (I) AUTHORIZING THE CHARIHO REGIONAL
SCHOOL
DISTRICT TO FINANCE THE CONSTRUCTION, RENOVATION,
IMPROVEMENT,
DEMOLITION, ALTERATION, REPAIR, ADDITIONS, PAVING,
LANDSCAPING,
FURNISHING AND EQUIPPING OF THE CHARIHO HIGH SCHOOL
AND
IMPROVEMENTS TO THE SWITCH ROAD CAMPUS, INCLUDING, BUT NOT
LIMITED
TO, A MAINTENANCE FACILITY, TRACK, PARKING AND UTILITY AND
SECURITY
UPGRADES BY THE ISSUANCE OF NOT MORE THAN $17,847,000 BONDS
AND/OR
NOTES THEREFOR AND (II) PROVIDING THAT THE PRINCIPAL OF,
REDEMPTION
PREMIUM AND INTEREST ON BONDS AND NOTES ISSUED FOR THE
PROJECT
WILL BE BORNE BY THE MEMBER TOWNS IN EQUAL SHARES, WITH
EACH
TOWN PAYING ONE-THIRD OF THE COSTS AND SUBJECT TO APPROVAL OF
STATE
SCHOOL HOUSING AID’ be approved?" and 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 clerks of the respective towns of Charlestown, Richmond and
Hopkinton to
keep a
copy of the act available at their offices 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 home rule charter of any member town, this act shall prevail.
SECTION
15. Sections 14 and 15 shall take effect upon passage of this act. The
remainder
of this act shall take effect upon the approval of this act by a majority in
each town of
those
voting on the question at the election prescribed by the foregoing section.
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LC02837/SUB A
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