2026 -- S 3355 | |
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LC006579 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
AUTHORIZING THE CITY OF CRANSTON TO ISSUE NOT TO EXCEED $25,000,000 | |
GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF | |
INDEBTEDNESS TO FINANCE THE PURCHASE AND/OR ACQUISITION OF LAND AND | |
BUILDINGS, CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, | |
REPAIR, LANDSCAPING, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL | |
FACILITIES THROUGHOUT THE CITY | |
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Introduced By: Senators Patalano, Gallo, Vargas, and LaMountain | |
Date Introduced: June 05, 2026 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The city of Cranston is hereby authorized, in addition to authority previously |
2 | granted, to issue bonds and other evidences of indebtedness (hereinafter “bonds”) up to an amount |
3 | not exceeding twenty-five million dollars ($25,000,000) from time to time under its corporate name |
4 | and seal or a facsimile of such seal; provided, however, that bonds shall not be issued unless the |
5 | conditions of section 2 hereof as to the level of state aid are met. The bonds of each issue may be |
6 | issued in the form of serial bonds or term bonds or a combination thereof and shall be payable |
7 | either by maturity of principal in the case of serial bonds or by mandatory sinking fund installments |
8 | in the case of term bonds, in annual installments of principal, the first installment to be not later |
9 | than five (5) years and the last installment not later than thirty (30) years after the date of the bonds. |
10 | All such bonds of a particular issue may be issued in the form of zero coupon bonds, capital |
11 | appreciation bonds, serial bonds or term bonds or a combination thereof. The amount of principal |
12 | appreciation each year on any bonds, after the date of original issuance, shall not be considered to |
13 | be principal indebtedness for the purposes of any constitutional, charter or statutory debt limit or |
14 | any other limitation. The appreciation of principal after the date of original issue shall be considered |
15 | interest. Only the original principal amount shall be counted in determining the principal amount |
16 | so issued and any interest component shall be disregarded. |
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1 | SECTION 2. The city may be eligible for school housing aid reimbursement on debt |
2 | service pursuant to chapter 7 of title 16, or for a grant, loan or other financial assistance from |
3 | proceeds of bonds issued by the State of Rhode Island (the “state”), from the Rhode Island |
4 | department of education (“RIDE”) or from the Rhode Island school building authority. |
5 | SECTION 3. The bonds shall be signed by the director of finance and by the manual or |
6 | facsimile signature of the mayor and be issued and sold in such amounts as the city council may |
7 | determine by resolution or order. The manner of sale, denominations, maturities, interest rates and |
8 | other terms, conditions and details of any bonds or notes issued under this act may be fixed by the |
9 | proceedings of the city council authorizing the issue or by separate resolution or order of the city |
10 | council or, to the extent provisions for these matters are not so made, they may be fixed by the |
11 | officers authorized to sign the bonds or notes. Notwithstanding anything contained in this act to |
12 | the contrary, the city may enter into financing agreements with the Rhode Island Health and |
13 | Educational Building Corporation pursuant to chapter 7 of title 16 and chapter 38.1 of title 45 and, |
14 | with respect to bonds or notes issued in connection with such financing agreements, if any, the city |
15 | may elect to have the provisions of chapter 38.1 of title 45 apply to the issuance of the bonds or |
16 | notes issued hereunder to the extent the provisions of chapter 38.1 of title 45 are inconsistent |
17 | herewith. In addition, the city may enter into financing agreements with the Rhode Island |
18 | infrastructure bank pursuant to the provisions of chapter 12.2 of title 46 and, with respect to bonds |
19 | or notes issued in connection with such financing agreements, if any, the city may elect to have the |
20 | provisions of chapter 12.2 of title 46 apply to the issuance of the bonds or notes issued hereunder |
21 | to the extent the provisions of chapter 12.2 of title 46 are inconsistent herewith. Such election may |
22 | be fixed by the proceedings of the city council authorizing such issuance or by separate resolution |
23 | or order of the city council, or, to the extent provisions for these matters are not so made, they may |
24 | be fixed by the officers authorized to sign the bonds or notes. The proceeds derived from the sale |
25 | of the bonds shall be delivered to the director of finance, and such proceeds, exclusive of premiums |
26 | and accrued interest, shall be expended: (1) For the purchase and/or acquisition of land and |
27 | buildings, construction, renovation, improvement, alteration, repair, landscaping, furnishing and |
28 | equipping of schools and school facilities throughout the city of Cranston and all costs related |
29 | thereto (the “projects”); (2) In payment of the principal of or interest on temporary notes issued |
30 | under section 4; (3) In repayment of advances under section 5; (4) In payment of related costs of |
31 | issuance of any bonds or notes; and/or (5) In payment of capitalized interest during construction of |
32 | the projects. No purchaser of any bonds or notes under this act shall be in any way responsible for |
33 | the proper application of the proceeds derived from the sale thereof. The proceeds of bonds or |
34 | notes issued under this act, any applicable federal or state assistance and the other monies referred |
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1 | to in sections 7 and 10 shall be deemed appropriated for the purposes of this act without further |
2 | action than that required by this act. The bonds authorized by this act may be consolidated for the |
3 | purpose of issuance and sale with any other bonds of the city heretofore or hereafter authorized; |
4 | provided that, notwithstanding any such consolidation, the proceeds from the sale of the bonds |
5 | authorized by this act shall be expended for the purposes set forth above. |
6 | SECTION 4. The city council may by resolution or order authorize the issuance from time |
7 | to time of interest bearing or discounted notes in anticipation of the issue of bonds under section 3 |
8 | or in anticipation of the receipt of federal or state aid for the purposes of this act. The amount of |
9 | original notes issued in anticipation of bonds may not exceed the amount of bonds which may be |
10 | issued under this act and the amount of original notes issued in anticipation of federal or state aid |
11 | may not exceed the amount of available federal or state aid as estimated by the director of finance. |
12 | Temporary notes issued hereunder shall be signed by the manual or facsimile signatures of the |
13 | director of finance and the mayor and shall be payable within five (5) years from their respective |
14 | dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid |
15 | from time to time by the issue of other notes hereunder, provided the period from the date of an |
16 | original note to the maturity of any note issued to renew or pay the same debt or the interest thereon |
17 | shall not exceed five (5) years. Any temporary notes in anticipation of bonds issued under this |
18 | section may be refunded prior to the maturity of the notes by the issuance of additional temporary |
19 | notes; provided that, no such refunding shall result in any amount of such temporary notes |
20 | outstanding at any one time in excess of two hundred percent (200%) of the amount of bonds which |
21 | may be issued under this act; and provided, further, that if the issuance of any such refunding notes |
22 | results in any amount of such temporary notes outstanding at any one time in excess of the amount |
23 | of bonds which may be issued under this act, the proceeds of such refunding notes shall be deposited |
24 | in a separate fund established with the bank which is the paying agent for the notes being refunded. |
25 | Pending their use to pay the notes being refunded, monies in the fund shall be invested for the |
26 | benefit of the city by the paying agent at the direction of the director of finance in any investment |
27 | permitted under section 6. The monies in the fund and any investments held as a part of the fund |
28 | shall be held in trust and shall be applied by the paying agent solely to the payment or prepayment |
29 | of the principal of and interest on the notes being refunded. Upon payment of all principal of and |
30 | interest on the notes, any excess monies in the fund shall be distributed to the city. The city may |
31 | pay the principal of and interest on notes in full from other than the issuance of refunding notes |
32 | prior to the issuance of bonds pursuant to section 1 hereof. In such case, the city's authority to issue |
33 | bonds or notes in anticipation of bonds under this act shall continue; provided that: (1) The city |
34 | council passes a resolution or order evidencing the city's intent to pay off the notes without |
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1 | extinguishing the authority to issue bonds or notes; and (2) That the period from the date of an |
2 | original note to the maturity date of any other note shall not exceed five (5) years. |
3 | SECTION 5. Pending any authorization or issue of bonds hereunder or pending or in lieu |
4 | of any authorization or issue of notes hereunder, the director of finance, with the approval of the |
5 | city council may, to the extent that bonds or notes may be issued hereunder, apply funds in the |
6 | general treasury of the city to the purposes specified in section 3, such advances to be repaid without |
7 | interest from the proceeds of bonds or notes subsequently issued or from the proceeds of applicable |
8 | federal or state assistance or from other available funds. |
9 | SECTION 6. Any proceeds of bonds or notes issued hereunder or of any applicable federal |
10 | or state assistance, pending their expenditure may be deposited or invested by the director of |
11 | finance, in demand deposits, time deposits or savings deposits in banks which are members of the |
12 | Federal Deposit Insurance Corporation or in obligations issued or guaranteed by the United States |
13 | of America or by any agency or instrumentality thereof or as may be provided in any other |
14 | applicable law of the State of Rhode Island or resolution or order of the city council or pursuant to |
15 | an investment policy of the city. |
16 | SECTION 7. Any accrued interest received upon the sale of bonds or notes hereunder shall |
17 | be applied to the payment of the first interest due thereon. Any premiums arising from the sale of |
18 | bonds or notes hereunder and, to the extent permitted by applicable federal laws, any net earnings |
19 | or profits realized from the deposit or investment of funds hereunder shall, in the discretion of the |
20 | director of finance, be applied to the cost of preparing, issuing, and marketing bonds or notes |
21 | hereunder to the extent not otherwise provided, to the payment of the cost of the projects, to the |
22 | payment of the principal of or interest on bonds or notes issued hereunder, to the revenues of the |
23 | city and dealt with as part of the revenues of the city from property taxes to the extent permitted by |
24 | federal law, or to any one or more of the foregoing. The cost of preparing, issuing, and marketing |
25 | bonds or notes hereunder may also, in the discretion of the director of finance, be met from bond |
26 | or note proceeds exclusive of premium and accrued interest or from other monies available therefor. |
27 | Any balance of bond or note proceeds remaining after payment of the cost of the projects and the |
28 | cost of preparing, issuing and marketing bonds or notes hereunder shall be applied to the payment |
29 | of the principal of or interest on bonds or notes issued hereunder. To the extent permitted by |
30 | applicable federal laws, any earnings or net profit realized from the deposit or investment of funds |
31 | hereunder may, upon receipt, be added to and dealt with as part of the revenues of the city from |
32 | property taxes. In exercising any discretion under this section, the director of finance shall be |
33 | governed by any instructions adopted by resolution or order of the city council. |
34 | SECTION 8. All bonds and notes issued under this act and the debt evidenced hereby shall |
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1 | be obligatory on the city in the same manner and to the same extent as other debts lawfully |
2 | contracted by it and shall be excepted from the operation of § 45-12-2 and any provision of the city |
3 | charter. No such obligation shall at any time be included in the debt of the city for the purpose of |
4 | ascertaining its borrowing capacity. The city shall annually appropriate a sum sufficient to pay the |
5 | principal and interest coming due within the year on bonds and notes issued hereunder to the extent |
6 | that monies therefor are not otherwise provided. If such sum is not appropriated, it shall |
7 | nevertheless be added to the annual tax levy. In order to provide such sum in each year and |
8 | notwithstanding any provisions of law to the contrary, all taxable property in the city shall be |
9 | subject to ad valorem taxation by the city without limitation as to rate or amount. |
10 | SECTION 9. Any bonds or notes issued under the provisions of this act, if properly |
11 | executed by the officers of the city in office on the date of execution, shall be valid and binding |
12 | according to their terms notwithstanding that before the delivery thereof and payment therefor any |
13 | or all of such officers shall for any reason have ceased to hold office. |
14 | SECTION 10. The city, acting by resolution or order of its city council is authorized to |
15 | apply for, contract for and expend any federal or state advances or other grants of assistance which |
16 | may be available for the purposes of this act, and any such expenditures may be in addition to other |
17 | monies provided in this act. To the extent of any inconsistency between any law of this state and |
18 | any applicable federal law or regulation, the latter shall prevail. Federal and state advances, with |
19 | interest where applicable, whether contracted for prior to or after the effective date of this act, may |
20 | be repaid as a cost of the projects under section 3. |
21 | SECTION 11. Bonds and notes may be issued under this act without obtaining the approval |
22 | of any governmental agency or the taking of any proceedings or the happening of any conditions |
23 | except as specifically required by this act for such issue. In carrying out any project financed in |
24 | whole or in part under this act, including where applicable the condemnation of any land or interest |
25 | in land, and in the levy and collection of assessments or other charges permitted by law on account |
26 | of any such project, all action shall be taken which is necessary to meet constitutional requirements |
27 | whether or not such action is otherwise required by statute, but the validity of bonds and notes |
28 | issued hereunder shall in no way depend upon the validity or occurrence of such action. |
29 | SECTION 12. The director of finance and the mayor, on behalf of the city are hereby |
30 | authorized to execute such instruments, documents or other papers as either of them deem necessary |
31 | or desirable to carry out the intent of this act and are also authorized to take all actions and execute |
32 | all documents necessary to comply with federal tax and securities laws, which documents or |
33 | agreements may have a term coextensive with the maturity of the bonds authorized hereby, |
34 | including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute |
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1 | and deliver a continuing disclosure agreement or certificate in connection with the bonds or notes |
2 | in the form as shall be deemed advisable by such officers in order to comply with the Rule. |
3 | SECTION 13. All or any portion of the authorized but unissued authority to issue bonds |
4 | and notes under this act may be extinguished by resolution or order of the city council, without |
5 | further action by the general assembly, seven (7) years after the effective date of this act. |
6 | SECTION 14. The question of the approval of this act shall be submitted to the electors of |
7 | the city at the general election to be held on November 3, 2026 or, if so determined by the city |
8 | council, at a special city-wide election, other than a primary, held on a date to be determined by |
9 | resolution or order of the city council. The question shall be submitted in substantially the following |
10 | form: "Shall an act passed at the 2026 session of the general assembly entitled ‘AN ACT |
11 | AUTHORIZING THE CITY OF CRANSTON TO ISSUE NOT TO EXCEED $25,000,000 |
12 | GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS |
13 | TO FINANCE THE PURCHASE AND/OR ACQUISITION OF LAND AND BUILDINGS, |
14 | CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, |
15 | LANDSCAPING, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL |
16 | FACILITIES THROUGHOUT THE CITY’ be approved?" and the warning for the election shall |
17 | contain the question to be submitted. From the time the election is warned and until it is held, it |
18 | shall be the duty of the city clerk to keep a copy of the act available at the clerk's office for public |
19 | inspection, but the validity of the election shall not be affected by this requirement. To the extent |
20 | of any inconsistency between this act and the city charter or any law of special applicability to the |
21 | city, this act shall prevail. |
22 | SECTION 15. This act shall constitute an enabling act of the general assembly that is |
23 | required pursuant to § 16-7-44. Any bonds, notes or other evidences of indebtedness issued under |
24 | this act for school projects shall not be eligible for state aid reimbursement pursuant to § 16-7-44 |
25 | unless the school projects described herein have been approved by RIDE. |
26 | SECTION 16. This section and sections 14 and 15 shall take effect upon passage. The |
27 | remainder of this act shall take effect upon the approval of this act by a majority of those voting on |
28 | the question at the election prescribed by section 14. |
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LC006579 | |
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EXPLANATION | |
OF | |
A N A C T | |
AUTHORIZING THE CITY OF CRANSTON TO ISSUE NOT TO EXCEED $25,000,000 | |
GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF | |
INDEBTEDNESS TO FINANCE THE PURCHASE AND/OR ACQUISITION OF LAND AND | |
BUILDINGS, CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, | |
REPAIR, LANDSCAPING, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL | |
FACILITIES THROUGHOUT THE CITY | |
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1 | This act would authorize the city of Cranston to issue not more than $25,000,000 general |
2 | obligation bonds, notes and other evidences of indebtedness to finance the purchase and/or |
3 | acquisition of land and buildings, construction, renovation, improvement, alteration, repair, |
4 | landscaping, furnishing and equipping of schools and school facilities throughout the city of |
5 | Cranston and all costs related thereto. |
6 | This act would constitute an enabling act of the general assembly that is required pursuant |
7 | to § 16-7-44. Any bonds, notes or other evidences of indebtedness issued under this act for school |
8 | projects shall not be eligible for state aid reimbursement pursuant to § 16-7-44 unless the school |
9 | projects described herein have been approved by the Rhode Island department of education |
10 | ("RIDE"). |
11 | Sections 14, 15 and 16 would take effect upon passage. The remainder of the act would |
12 | take effect upon approval of the question provided for in section 14. |
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LC006579 | |
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