RELATING TO THE CHARLESTOWN FIRE DISTRICT
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Introduced
By: Senators Walsh, and Sosnowski |
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Date
Introduced: April 23, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Section 6
of "An Act to Incorporate the Charlestown Fire District" passed at
the January Session, A.D. 1974, as amended, is further amended to read as
follows:
SECTION
6. Said Charlestown fire district shall
have power is empowered to borrow money and issue its promissory
bonds and notes for the same, but said such borrowings or debt outstanding at any one time shall not
exceed the sum of one million five hundred thousand ($1,500,000)
dollars; and said borrowings shall be authorized at any annual or special
meeting of said district and shall provide the maturities of any borrowing and
the officer or officers of said district and the rate of interest on any such
note or notes in such amounts
approved from time to time by vote of a majority of the electors present and
voting on the question at an annual or special district meeting. A vote not to approve an amount of bonds
hereunder shall not preclude any later vote to approve the same or a different
amount.
Said
bonds and notes may be issued from time to time under the district's 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 bond, in annual installments of principal, the first installment
to be not later than five years and the last installment not later than forty
years after the date of the bonds. No
installment of principal shall exceed the next prior installment by more than
eight percent (8%), except that this limitation shall not apply to an
installment payable less than five (5) years from the date of the bond. Section 5.1 and 5.2 of Chapter 12 of title
45 of the general laws shall apply to any such bonds.
The
bonds shall be signed by a member of the Board Engineers authorized by it and
by the manual or facsimile signature of the treasurer of the district and shall
be issued and sold at public or private sale at not less than par and accrued
interest in such amounts as the Board of Engineers 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 separate resolution of the Board
of Engineers or, to the extent provisions for these matters are not so made by
such resolution of the Board, they may be fixed by the member of the Board
authorized to sign the bonds or notes and the Treasurer of the District. Without limiting the generality of the
foregoing, the District is expressly authorized to borrow from, issue and sell
bonds to the United States of America and/or the United States Department of
Agriculture at such rate or rates of interest and upon such terms and upon such
agreements with respect thereto as deemed acceptable by the Board of Engineers.
The
proceeds derived from the sale of the bonds shall be delivered to the
treasurer, and such proceeds exclusive of premiums and accrued interest shall
be expended for payment of principal of or interest on temporary notes issued,
in repayment of advances from its treasury, and for such other purposes as may
be fixed at the annual or special meeting of said district authorizing said
borrowing, or to the extent provisions for these matters are not so made at
such meeting, by separate resolution of the Board of Engineers.
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 and any applicable federal or
state assistance and any premiums or accrued interest thereon shall be deemed
appropriated for the purposes of this act without further action than that
required by this act.
The
Board of Engineers 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. 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 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 district treasurer.
Temporary notes issued hereunder shall be signed by the district treasurer
and by a member of the Board and shall be payable within five 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 years.
Pending
any issue of bonds hereunder or pending or in lieu of any issue of notes
hereunder, the district treasurer, with the approval of the Board, may, to the
extent that bonds or notes may be issued hereunder, apply funds in the treasury
of the district to the purposes for which bonds or notes are authorized
hereunder, 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.
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 or as may be provided in any other applicable
law of the State of Rhode Island.
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 project, 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 hereunder may also, in the discretion of the Board of Engineers,
be met from bond or note proceeds exclusive of premium and accrued interest or
from other moneys available therefor.
Any balance of bonds 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 from property taxes.
In exercising any discretion under this section, the district treasurer
shall be governed by any instructions adopted by resolution of the Board of
Engineers.
The
Board is authorized to take any action deemed necessary (1) to assure that
interest on the bonds or notes issued hereunder remains excludable from gross
income of the recipients thereof for federal income tax purposes, including,
without limitation, paying to the federal government any rebate of earnings
derived from the deposit or investment of the proceeds of such bonds or notes
that may be required therefor and (2) to comply with the requirements of
federal law, including without being limited to regulations and other
requirements of the Securities and Exchange Commission and the Municipal
Securities Rulemaking Board, imposed directly on the District or on the
underwriters of such bonds and notes.
All
bonds and notes issued under this act and the debts evidence 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 a sum sufficient to pay the principal and
interest coming due within the year on bonds and notes issued hereunder to the
extent that moneys therefor are not otherwise provided. If such sum is not appropriated, it shall
nevertheless be added to the annual tax levy and shall not be subject to the
limitation of twenty cents (.20) for each one hundred dollars in Section 5
hereof. In order to provide such sum in
each year and notwithstanding any provision of law to the contrary, all taxable
property in the district shall be subject to ad valorem taxation by the
district without limitation as to rate or amount.
Any
bonds or notes issued under the provisions of this act, if properly executed by
a member of the Board and the treasurer 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 therefor either or
both of such member and treasurer shall for any reason have ceased to hold
office.
The
district, acting by resolution of its Board of Engineers, 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 for which bonds
may be issued under this act, and any such expenditures may be in addition to
other moneys provided. To the extent of
any inconsistency 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
from the proceeds of bonds or notes as a cost of the project or projects
involved.
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 and any
bonds and notes issued in accordance herewith shall not be affected by the
existence or nonexistence of any approval or other proceedings, conditions, or
act.
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 assessments or other charges permitted by law on account
of any 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
2. This act shall take effect upon passage.