LA 032 |
2023 -- S 0982 Enacted 06/14/2023 |
A N A C T |
AUTHORIZING THE STONE BRIDGE FIRE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS AND/OR NOTES IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000) TO FINANCE CAPITAL IMPROVEMENTS TO ITS WATER SYSTEM |
Introduced By: Senators Felag, and DiPalma |
Date Introduced: May 15, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. The Stone Bridge Fire District is hereby empowered, in addition to authority |
previously granted, to issue bonds to an amount not exceeding one million two hundred fifty |
thousand dollars ($1,250,000) from time to time under its corporate name and seal or a facsimile |
of such seal. The bonds of each issue shall mature in annual installments of principal, the first |
installment to be not later than five (5) years and the last installment not later than forty (40) years |
after the date of the bonds. |
SECTION 2. The bonds shall be signed by the district treasurer and by the manual or |
facsimile signature of the moderator and shall be issued and sold from time to time upon such terms |
and in such amounts as the administrative board may authorize. The manner of sale, denominations, |
maturities, annual installments of principal, 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 administrative |
board authorizing the issue or by separate resolution of the administrative board 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 provisions of this act shall govern to the extent of any inconsistency |
between this act and any law or charter provision to the contrary. The proceeds derived from the |
sale of the bonds shall be delivered to the district treasurer, and such proceeds shall be expended: |
(1) For making capital improvements to the water system; or (2) For payment of principal of or |
interest on temporary notes issued under section 3; or (3) For payment of costs of issuance; or (4) |
In repayment of advances under section 4. 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 the other monies referred to in section 6 shall be deemed appropriated for the purposes of this |
act without further action than that required by this act. |
SECTION 3. The administrative board may by resolution authorize the issue from time to |
time of interest bearing or discounted notes in anticipation of the issue of bonds under section 2 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 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 the moderator |
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. |
SECTION 4. 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 |
administrative board, may, to the extent that bonds or notes may be issued hereunder, apply funds |
in the treasury of the district to the purposes specified in section 2, 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 5. 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. |
SECTION 6. 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 district treasurer, be met from |
bond or note proceeds or from other monies 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 or, in the discretion of the district treasurer, shall upon receipt be |
added to and dealt with as part of the revenues of the district from water rates. In exercising any |
discretion under this section, the district treasurer shall be governed by any instructions adopted by |
resolution of the administrative board. |
SECTION 7. All bonds and notes issued under this act and the debts evidenced thereby |
shall be obligatory on the district in the same manner and to the same extent as other debts lawfully |
contracted by it and shall be excepted from the operation of Chapter 974 of the Public Laws of |
1940 to the extent of any inconsistency therein. 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 monies therefor are not otherwise provided. If such a sum is not |
appropriated, it shall nevertheless be added to the annual tax levy and shall not be subject to the |
five mills limitation set forth in section 7 of Chapter 974 of the Public Laws of 1940. In order to |
provide such a sum 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. |
SECTION 8. Any bonds or notes issued under the provisions of this act, if properly |
executed by officers 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 any |
or all of such officers shall for any reason have ceased to hold office. |
SECTION 9. The district, acting by resolution of its administrative board, 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 |
monies provided in this act. 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 as project costs under section 2. |
SECTION 10. 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 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 11. Notwithstanding the foregoing provisions of this act, no bonds shall be |
issued in excess of 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. The vote to authorize up to one |
million two hundred fifty thousand dollars ($1,250,000) bonds or notes taken at the 2022 Annual |
Meeting on July 12, 2022 is hereby ratified. A vote not to approve an amount of bonds hereunder |
shall not preclude any later vote to approve the same or a different amount. |
SECTION 12. This act shall take effect upon passage. |
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LC003001 |
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