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ARTICLE 2 AS AMENDED |
RELATING TO DEBT MANAGEMENT
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SECTION 1. University of Rhode Island Fraternity Circle Improvements Phase I. |
WHEREAS, The University of Rhode Island is proposing a utility and infrastructure |
project to replace, improve, and reorganize aged, incrementally developed utility and paved |
infrastructure in the sector of the Kingston Campus devoted to fraternity and sorority houses, |
referred to as Fraternity Circle Improvements Phase I, including improvements to water, |
wastewater, electrical, telecommunications, natural gas connections, and storm water |
management systems, as well as roadways, walkways, and parking lots as a first phase of |
improvements reflected in a "master plan" for this unique neighborhood of on-campus residences |
serving organizations of students; and |
WHEREAS, Fraternities and sororities first developed in the early 1900s at the |
University of Rhode Island and were expanded with the initial designation and development of |
the "fraternity circle" neighborhood that was established in 1964, with the complement of |
fraternity and sorority buildings presently housing over 800 students, while maintaining strong |
bonds with affiliated alumni supporters of the University; and |
WHEREAS, The capacity of the present water distribution system in this sector is a |
concern for serving sprinkler systems in both present and future houses and the wastewater |
system and storm water management systems must be improved and contemporized; and |
WHEREAS, The upgrade and reconfiguration of gas, electric, and telecommunication |
infrastructure in the district, with the cooperation of National Grid and the university's |
networking and telecommunications operation, will address reliability, safety and long-term |
functionality, while reconfigured roadways, with service access, improved pedestrian safety, and |
parking area enhancements will bring this sector in line with the hardscape, exterior lighting, and |
blue-light emergency phone complements in the adjacent residence hall districts; and |
WHEREAS, The design and construction of this project will be financed through Rhode |
Island Health and Educational Building Corporation (RIHEBC) revenue bonds, with an expected |
term of twenty (20) years; and |
WHEREAS, Debt service payments would be supported by university general revenues; |
now, therefore, be it |
RESOLVED, That the total amount of the debt approved to be issued in the aggregate |
shall be limited to not more than five million one hundred thousand dollars ($5,100,000). Total |
debt service on the bonds is not expected to exceed four hundred seven thousand dollars |
($407,000) annually and eight million one hundred forty thousand dollars ($8,140,000) in the |
aggregate based on an average interest rate of five (5.0%) percent and a twenty (20) year |
maturity; and be it further |
RESOLVED, That the Fraternity Circle Improvement Project Phase I is an important |
investment in the upgrade of essential utility systems to enhance public safety, ensure reliability |
and capacity, and safeguard the woodland/wetland setting of this sector of the Kingston Campus; |
and that this general assembly hereby approves financing; and it be further |
RESOLVED, That this Joint Resolution shall take effect upon passage by this General |
Assembly. |
SECTION 2. Rhode Island Turnpike and Bridge Authority. |
WHEREAS, The Rhode Island Turnpike and Bridge Authority (the "Authority") is a |
public corporation of the State of Rhode Island (the "State"), constituting a public instrumentality |
and agency exercising public and essential governmental functions of the State, created by the |
General Assembly pursuant to Rhode Island General Laws § 24-12-1, et seq. (as enacted, |
reenacted and amended, hereinafter referred to as the "Act"); and |
WHEREAS, The State recognizes that the Pell Bridge, the Jamestown Verrazzano Bridge |
and other facilities of the Authority are an essential part of the State's transportation system and |
facilitates the tourism industry; and it is the policy of the State that the public welfare and the |
further economic development and the prosperity of the State requires the maintenance of such |
facilities and the financing thereof; and |
WHEREAS, The Act provides that the Authority shall have the power to charge and |
collect tolls for the use of its facilities; and |
WHEREAS, Pursuant to Rhode Island General Laws § 31-36-20, three and one-half cents |
($0.035) per gallon of the motor fuel tax is transferred to the Authority to be used for |
maintenance, operations, capital expenditures and debt service on any of its projects as defined in |
chapter 12 of title 24; and |
WHEREAS, The Act also provides that the Authority shall have the power to acquire, |
hold and dispose of real and personal property in the exercise of its powers and performance of its |
duties; and |
WHEREAS, The Act authorizes the Authority to make and enter into all contracts and |
agreements necessary or incidental to the performance of its duties and the execution of its |
powers under the Act, to issue revenue bonds of the Authority for any of its purposes and to |
refund its bonds, borrow money in anticipation of the issuance of its bonds, and secure its bonds |
and notes by the pledge of its tolls and other revenues; and |
WHEREAS, In furtherance of its corporate purposes, the Authority is authorized to issue |
from time to time its negotiable revenue bonds and notes in one or more series in such principal |
amounts for the purpose of paying all or a part of the costs of any one or more projects authorized |
by the Act, making provision for working capital and a reserve for interest; and |
WHEREAS, Pursuant to Rhode Island General Laws §§ 35-18-3 and 35-18-4 of the |
Rhode Island Public Corporation Debt Management Act (as enacted, reenacted and amended, the |
"Debt Management Act"), the Authority has requested the approval of the General Assembly of |
the Authority's issuance of not more than sixty five million dollars ($65,000,000) Rhode Island |
Turnpike and Bridge Authority Revenue Bonds with a term not to exceed thirty (30) years and six |
(6) months (together with any notes issued in anticipation of the issuance of bonds, the " Bonds") |
to be secured by toll, transfers of motor fuel taxes and/or other revenues, for the purpose of |
providing funds to finance the renovation, renewal, repair, rehabilitation, retrofitting, upgrading |
and improvement of the Pell Bridge, the Jamestown Verrazzano Bridge, the Sakonnet River |
Bridge, Mount Hope Bridge, and other projects authorized under the Act, replacement of the |
components thereof, working capital, capitalized interest, a debt service reserve and the costs of |
issuing and insuring the Bonds (the "Project"); and |
WHEREAS, The Project constitutes essential public facilities directly benefiting the |
State; and |
WHEREAS, The Authority is authorized pursuant to § 24-12-28 of the Act to secure its |
bonds by a pledge of the tolls and other revenues received by the Authority; and |
WHEREAS, The State shall directly benefit economically from the Project by the repair, |
maintenance and improvement of the State transportation infrastructure; and |
WHEREAS, In the event that not all of the Bond proceeds are used to carry out the |
specified Project, the Authority will use any remaining funds to pay debt service on the Bonds; |
Now, therefore, be it |
RESOLVED, That this General Assembly finds that the Project is an essential public |
facility and is of a type and nature consistent with the purposes and within the powers of the |
Authority to undertake, and hereby approves the Authority's issuance of not more than sixty-five |
million dollars ($65,000,000) in Bonds, which amount is in addition to all prior authorizations; |
and be it further |
RESOLVED, That the Bonds will be special obligations of the Authority payable from |
funds received by the Authority from tolls and other revenues received by the Authority. The total |
debt service on the Bonds is estimated to average approximately five million seventy-five |
thousand dollars ($5,075,000) per year or approximately one hundred fifty million two hundred |
fifty thousand dollars one hundred fifty-two million two hundred fifty thousand dollars |
($152,250,000) in the aggregate, prior to the receipt of any federal subsidy and/or assistance, at |
an average interest rate of approximately six and three-quarters percent (6.75%) and an |
approximately a thirty (30) year maturity; and be it further |
RESOLVED, That the Bonds will not constitute indebtedness of the State or any of its |
subdivisions or a debt for which the full faith and credit of the State or any of its subdivisions is |
pledged. |
RESOLVED, That this Joint Resolution shall take effect upon passage by this General |
Assembly. |
SECTION 3. Chapter 24-12 of the General Laws entitled "Rhode Island Turnpike and |
Bridge Authority" is hereby amended by adding thereto the following section: |
24-12-59. Bondholders' rights not to be affected by the state. -- The state does pledge |
to and agree with the holders of any bonds or notes issued under this chapter that the state will not |
limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the |
holders until those bonds or notes, together with their interest, with interest on any unpaid |
installments of interest, and all costs and expenses in connection with any action or proceeding by |
or on behalf of those holders, are fully met and discharged. The authority is authorized to include |
this pledge and agreement of the state in any agreement with the holders of those bonds or notes. |
SECTION 4. This article shall take effect upon passage. |