2008 -- S 2989

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LC02834

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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J O I N T R E S O L U T I O N

RELATING TO RHODE ISLAND PUBLIC CORPORATION DEBT MANAGEMENT ACT

     Introduced By: Senator J Montalbano

     Date Introduced: April 24, 2008

     Referred To: Senate Finance

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     SECTION 1. This resolution consists of Joint Resolutions that are submitted pursuant to

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Rhode Island General Laws section 35-18-1 et seq.

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     SECTION 2. Blackstone Valley Courthouse

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     WHEREAS, A need exists to provide an alternate location from which to provide judicial

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services to northern Rhode Island residents; and

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     WHEREAS, Superior, Family and District Court cases held in satellite locations in the

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Blackstone Valley were consolidated approximately fifteen (15) years ago to the Garrahy Judicial

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Complex in downtown Providence due to a lack of staff and judicial resources; and

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     WHEREAS, The citizens of Rhode Island and the Rhode Island Bar both opposed the

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consolidation of cases from the Blackstone Valley locations to Providence; and

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     WHEREAS, In calendar year 2006, the total filings/hearings that can be attributed to the

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Blackstone Valley range from 51,354 to 56,748 for an increase of twelve percent (12%) over

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seven (7) years. During this time period, Superior Court misdemeanors increased by twenty-nine

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percent (29%) and felonies by sixteen percent (16%). In District Court, misdemeanors increased

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by fourteen percent (14%) and felonies by thirty-six prevent (36%); and

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     WHEREAS, A significant number of businesses and industries either have relocated to

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the northern part of the state or expanded their facilities there, thus creating a greater demand for

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court services; and

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     WHEREAS, The Garrahy Judicial Complex was constructed with a projected daily

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occupancy of fifteen hundred (1,500) persons. In recent years, the daily traffic has increased to

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around thirty-five hundred (3,500) persons, more than twice the number the building was

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constructed to handle. While the Judiciary has taken a number of steps to ameliorate the

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overcrowded conditions in this building by moving some of the functions to the new Kent County

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Courthouse, there are limitations to what can be done. The construction of another courthouse in

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Providence County would significantly reduce the overcrowding in Garrahy; and

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     WHEREAS, The construction of a new Blackstone Valley Courthouse is critical to the

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state to ensure the continuing ability of the Judiciary to conduct and perform its operations in a

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functional and cost-efficient manner; and

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     WHEREAS, A site in the Town of Smithfield has been selected for the construction of a

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new Blackstone Valley Courthouse located on Route 116 (George Washington Highway) and

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Route 104 (Farnum Pike) which would consist of the following two (2) parcels within Assessors

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Map # 46 and Lot # 70 which are presently owned by the State of Rhode Island:

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     Parcel A – the following portion of that parcel established by G.L. 1956 (1997

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Reenactment) section 37-7.1-5(e) as Parcel 5: beginning at a point, said point being opposite and

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one hundred feet (100') northerly from Station 167+24+ of the traverse line of a survey by the

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Rhode Island State Board of Public Records entitled "Smithfield-Lincoln-Cumberland, George

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Washington Highway, 1931 Survey" and also said point being in the northerly highway line of

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George Washington Highway so-called, as established by Plat # 361 by the Rhode Island State

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Board of Public Roads and filed with the Town Clerk of Smithfield, December 2, 1931, at its

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intersection with a stone wall running in a northerly direction; thence northerly along the

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aforesaid stone wall for a distance of two hundred fifty more or less feet (250'+) to its intersection

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with a stone wall running in an easterly direction; thence northerly making an interior angle of

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143º35'50" with the first mentioned stone wall, for a distance of one-hundred fifty-nine and sixty-

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one hundredths feet (159.61') to a point; thence westerly making an interior angle of 126º30'50"

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with the aforedescribed line for a distance of three hundred forty-nine and forty-three hundredths

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(349.43) to a point; thence westerly making an exterior angle of 156º15'20" with the

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aforedescribed line for a distance of two hundred seventy-nine more or less feet (279'+) to its

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intersection with a stone wall running in a northerly-southerly direction; thence southerly along

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the aforedescribed stone wall for a distance of seven hundred fifty-nine more or less feet (759'+)

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to its in intersection with a stone wall running in a westerly direction; thence turning an interior

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angle of 130º+ and running southerly across Parcel No. 5 land a distance of three hundred and

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sixty-nine more or less feet (369'+) to appoint; said point also being on the said northerly

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highway line of George Washington Highway as established by said Plat No. 361; thence easterly

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along the said northerly highway line of George Washington Highway as established by said Plat

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No. 361 to the place and point of beginning; the herein described tract contains eleven and three

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tenths (11.3+) acres of land, more or less; and

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     Parcel B – beginning at a point at the existing northwesterly property corner of that parcel

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established by G. L. 1956 (1997 Reenactment) section 37-7.1-5(e) as Parcel 5; said point also

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being the northeasterly corner of the herein described parcel of land; thence southerly along the

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westerly property line of said Parcel No. 5 a distance of one hundred and fifty-nine feet more or

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less (159'+) to a point; thence turning an interior angle of 50º+ and running northwesterly across

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other land now or formerly belonging to the State of Rhode Island and Providence Plantations a

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distance of eighty-three feet (83'+) more or less to a point; thence turning an interior angle of

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146º+ and running northwesterly continuing across said other land now or formerly belonging to

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the state of Rhode Island and Providence Plantations a distance of two hundred and sixty-two feet

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(2620'+) more or less to a point; thence turning an interior angle of (162º+) and running northerly

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across said other land now or formerly belonging to the state of Rhode Island and Providence

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Plantations a distance of four hundred and fifty-six (456'+) more or less feet to a point; thence

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turning and running easterly across said other land now or formerly belonging to the state of

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Rhode Island and Providence Plantations a distance of one hundred and forty-four feet more or

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less (144'+) to the place and point of beginning; the herein described tract contains eighty-nine

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thousand (89,000) square feet of land, more or less; and

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     WHEREAS, Notwithstanding the provisions in chapter 37-7.1 of the Rhode Island

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General laws or any other law to the contrary, the state of Rhode Island shall transfer that certain

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real estate described above as Parcel A and Parcel B and any improvements thereon for use by the

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Rhode Island Judiciary for the construction and operation of a new Blackstone Valley Courthouse

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pursuant to G.L. 1956 (1997 Reenactment) section 8-15-4(e). The provisions of sections 37-6-1 et

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seq. and 37-7-1 et seq. shall not be applicable to the conveyances set forth herein; and

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     WHEREAS, If any deeds or other instruments of conveyance and demise for land or

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other real property are necessary for transfer of the above parcels for use by the Rhode Island

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Judiciary, those instruments shall be approved as to substance by the director of administration

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and as to form by the attorney general. This review shall be ministerial in nature to ensure that

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proper deeds and other instruments are conveyed; and

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     WHEREAS, A new Blackstone Valley Courthouse will contain at least twelve (12)

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courtrooms and provide surface parking for five hundred (500) vehicles with an additional

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eighteen (18) secured spaces allocated within the courthouse for judges and magistrates; and

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     WHEREAS, The Rhode Island Public Corporation Debt Management Act, G.L. 1956

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(1997 Reenactment) section 35-18-1 et seq. requires that the General Assembly provide its

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consent to the issuance of certain obligations; and

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     WHEREAS, A survey and topography of the site, test borings, soil investigations, and an

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environmental report is needed to allow for a more reliable preliminary site plan, identification of

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site costs, and the presence of ledge. The costs associated with the preliminary site study are one

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hundred thousand dollars ($100,000); and

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     WHEREAS, The design, construction, and equipping of these improvements will be

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financed through Certificates of Participation, with an expected payback period of twenty (20)

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years. Financing the operation and maintenance of the new Blackstone Valley Courthouse will be

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included in the annual operating budget of the Rhode Island Judiciary; and

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     WHEREAS, The capital costs associated with the project are estimated to be seventy-

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nine million six hundred and ninety-one thousand and eighty-eight dollars ($79,691,088). The

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total issuance would be approximately eighty-eight million five hundred and eighty thousand

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dollars ($88,580,000) with seventy-nine million six hundred and ninety-one thousand and eighty-

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eight dollars ($79,691,088) deposited in the construction fund, up to seven million thirty-five

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thousand two hundred and eighty-one dollars and twenty-six cents ($7,035,281.26) deposited into

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a debt service reserve fund (if required), and one million eight hundred and forty-two thousand

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one hundred four dollars and twenty-eight cents ($1,842,104.28) available to pay the associated

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costs of issuance. Total lease payments over twenty (20) years on the eighty-eight million five

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hundred and eighty-thousand dollars ($88,580,000) issuance are projected to be one hundred forty

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million six hundred and fifty-five thousand two hundred and thirty seven dollars and sixty two

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cents ($140,655,237.62). This assumes an average coupon of 4.875%. The lease payments shall

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be financed within the Department of Administration from general revenue appropriation and any

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other sources available to the agencies occupying the courthouse; now, therefore be it

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     RESOLVED, That this General Assembly of the state of Rhode Island and Providence

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Plantations hereby recognizes that the construction of a new Blackstone Valley Courthouse is

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critical to ensure that justice is administered in a safe and efficient manner; and be it further

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     RESOLVED, That this General Assembly hereby approves the allocation of one hundred

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thousand dollars ($100,000) to be included in the Revised FY 2008 Appropriations Act for the

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preliminary site study; and be it further

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     RESOLVED, That this General Assembly hereby approves financing in an amount not to

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exceed eighty-eight million five hundred and eighty thousand dollars ($88,580,000) for the

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provisions of a new Blackstone Valley Courthouse at the aforementioned site; and be it further

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     RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by

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this General Assembly and shall supersede Section 7 of Article 5 of the FY 2008 Appropriations

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Act with funding to be included in the FY 2010 Appropriations Act; and be it further

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     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

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transmit a duly certified copy of this resolution to the Governor.

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     RESOLVED, That this Joint Resolution shall take effect upon passage.

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LC02834

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