The text
Footnotes:
--- (7) --- Charter reference— Financial town meeting, art. III; financial services, art. VI.
DIVISION 1. - GENERALLY#
Sec. 2-91. - Restricted appropriation accounts.#
Appropriations to the following named accounts are non-transferable, except to other municipal accounts in a declared state of emergency, shall remain in said account, and shall be carried over into the next fiscal year's account to be used for the same purpose as originally appropriated: (1)
Revaluation account;
(2)
Elections account;
(3)
Paving/drainage, curbing and sidewalks;
(4)
Sand, salt and gravel; and
(5)
Snow removal.
(Ord. of 6-26-23(1); Ord. No. 2024-0004, 6-24-24)
Secs. 2-92—2-94. - Reserved.#
Sec. 2-95. - Restricted revenue accounts.#
(a)
Tiverton Industrial Park land sale.
(1)
A minimum of 25 percent of the net proceeds generated from the sale of any parcel of land within the Tiverton Industrial Park shall be placed in a restricted reserve account as established by the town treasurer to be used exclusively for infrastructure improvements to the industrial park as determined by the town council by way of an appropriation ordinance.
(2)
This restricted revenue account shall close upon completion of all public improvements as well as disposition of all town owned or controlled property, other than public streets and improvements, in the industrial park.
(b)
Land conveyance transfer tax. A minimum of 25 percent of all revenues received by the Town of Tiverton as a result of the imposition of the real estate conveyance tax as set forth at G.L. § 44-25-1 et seq. shall be placed in a restricted reserve account to be established by the town treasurer, under the purview of the open space and land preservation commission in accordance with the provisions of the town Charter and with any appropriations to be approved by the town council based on the recommendations of the open space and land preservation commission.
(Ord. of 6-26-23(1))
Secs. 2-96—2-105. - Reserved.#
DIVISION 2. - PURCHASING#
Footnotes:
--- (8) --- State Law reference— Municipal Purchasing Act, G.L. 1956, § 45-55-1 et seq.
Sec. 2-106. - Competitive bidding.#
(a)
Before any purchase of or contract for supplies, materials, or equipment is made on behalf of the town, where the amount of the purchase contract shall exceed the small purchase amount established in state law, such contract shall be awarded by:
(1)
Competitive sealed bidding pursuant to G.L. § 45-55-5;
(2)
Competitive negotiations pursuant to G.L. § 45-55-6;
(3)
Noncompetitive negotiations pursuant to G.L. § 45-55-7 and § 45-55-8;
(4)
Use of state bid list or other regional public bid list when the purchasing officer determines that said bid price is the lowest price available.
(b)
The town administrator shall be designated as the purchasing officer.
(c)
A contract may be awarded for a supply, service or construction item when under published regulations the purchasing officer determines in writing that there is only one source for the required supply service or construction item.
(d)
Small purchases, as defined by state law, may be made in accordance with small purchase regulations promulgated by the town. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
(e)
The council shall have the power to reject any and all bids and at its discretion may direct the purchasing agent to advertise for new bids.
(Code 1967, § 2-4; Ord. of 3-13-00; Ord. of 9-10-18)
Sec. 2-107. - Casino gaming revenue.#
(a)
Any revenues or payments received by the town from the State of Rhode Island pursuant to G.L. 1956, § 42-61.2-5 and G.L. 1956, § 42-61.2-7 and paid into the town's general fund account shall be recorded in a restricted account by the town treasurer, entitled the casino gaming fund account.
(b)
Within 30 days after the end of any fiscal year, the town treasurer shall record $200,000.00 of the receipts for the prior fiscal year under G.L. 1956, § 42-61.2-7 to the restricted account as established in subsection 2-91(3).
(c)
Any receipts remaining in the casino gaming fund after the application of section (b) shall be recorded by the town treasurer as follows:
(1)
Revenues from the casino gaming fund account shall first be transferred to the unassigned general fund account until the balance of that account is equal to three percent of the town's current year operating budget pursuant to section 310 of the Home Rule Charter. If the Charter is subsequently amended to increase the required minimum balance percentage as set forth in section 310 of the Home Rule Charter, funds shall be transferred in compliance with the percentage as set forth therein.
(2)
Once the general fund account equals the percentage as set forth in section (c)(1), no further transfer to that account shall be made from the casino gaming fund and any remaining balance shall be transferred to the restricted capital projects account.
(d)
Casino gaming revenue can only be allocated and expended after the fiscal year in which the town receives the revenue unless the town council, by a vote of a supermajority of the town council (five of seven members) determines and documents that an emergency exists and approves the immediate use of the funds.
(e)
Within 30 days of the close of the fiscal year, the town treasurer shall report, in writing, to the town council, the amount of casino gaming funds available for allocation and distribution consistent with the provisions and purpose of this section.
(f)
Following receipt of the town treasurer's report, the town council shall meet with the town administrator and the school committee to discuss capital project(s) that may be funded through section (c)(2). Any funds appropriated from section (c)(2) shall be made through a resolution or resolutions of the town council. Nothing herein requires the town council to expend any available funds from the capital project accounts but at no time shall the town council have the authority to transfer any of such funds to the unassigned general fund account or to cover operational expenses for either the municipal government or the school department.
(g)
"Capital project" may include the payment of any municipal bonded debt, principal only, or lease payment incurred for an approved "capital improvement project" as defined in section 2-121.
(Ord. of 8-5-20(1); Ord. of 3-8-21(1)); Ord. of 7-26-21(1); Ord. of 5-9-22(1); Ord. No. 2024-0005, 6-24-24; Ord. No. 2026-0008, 6-22-26)
Sec. 2-108. - Application for grants or similar programs.#
(a)
Grants requiring commitment of town resources. No one acting on behalf of the town in any capacity, to include any council, board, commission or committee member, department head, or employee, shall apply or seek approval for any grant or similar program that obligates the town to allocate funds, personnel, land, or other resource of any nature and in any amount, without first obtaining authority from the town council by the passage of a resolution authorizing the application or approval.
(b)
Town administrator authorization. The town administrator, without town council approval, is authorized to approve grant applications or requests that require in-kind contributions as long as such applications do not mandate the allocation of additional town cash funds.
(c)
Grants that do not require commitment of town resources. Any application for any grant or similar program that does not require an obligation of funds, personnel, land, or other resource of any nature and in any amount by the town shall require approval from the town administrator prior to its submission.
(d)
Implementation of ordinance. The town council is authorized to develop all necessary policies, rules or procedures to implement this section and/or may delegate such authority to the town administrator to promulgate the same.
(Ord. of 3-14-22(1))
Secs. 2-109—2-120. - Reserved.#
DIVISION 3. - CAPITAL IMPROVEMENTS#
Sec. 2-121. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Capital improvements project means the type of project or acquisition that fits within one or more of the following categories: (1)
Acquisition or interest in land.
(2)
The acquisition, construction or lease of buildings or other structures, including preconstruction planning, survey, engineering and architectural costs.
(3)
The improvement, expansion or reconstruction of existing buildings or facilities, not including normal maintenance and repair work.
(4)
Construction or reconstruction of highways, sidewalks and utility lines, including preconstruction planning, survey and engineering costs.
(5)
The purchase of items of equipment of nonrecurring nature which have a cost of at least $2,000.00 and a useful life in excess of three years.
(Code 1967, § 7A-1)
Cross reference— Definitions generally, § 1-2.
Sec. 2-122. - Participating agencies and officials.#
Not later than September 1 of each year, the following town agencies and officials shall submit requests for capital improvement projects to the town administrator: (1)
Town council;
(2)
Town clerk;
(3)
Police department;
(4)
Fire department;
(5)
Highway department;
(6)
Town treasurer;
(7)
Building inspector;
(8)
Conservation commission;
(9)
School committee;
(10)
Board of canvassers;
(11)
Fogland beach commission;
(12)
Grinnell's beach commission;
(13)
Housing authority;
(14)
Zoning board of review;
(15)
Parks and recreation;
(16)
Wastewater management commission;
(17)
Water commission;
(18)
Industrial commission;
(19)
Tax assessor; and
(20)
Any other town agency, official or department having need for capital acquisitions as defined by section 2-121.
(Code 1967, § 7A-2; Ord. of 2-14-00)
Sec. 2-123. - Procedure for submitting requests.#
Requests for capital improvements projects shall be submitted on forms supplied by the town administrator in accordance with instructions contained in the capital improvements manual to be supplied to each participating agency, department and official by the town administrator. Each request shall be reviewed by the town administrator in the light of current development plans and programs of the town.
(Code 1967, § 7A-3)
Sec. 2-124. - Project priority.#
In evaluating requests and recommending a capital improvements program, the town administrator board shall base his recommendations on the following major criteria and others that may be considered essential to the general welfare of the town: (1)
Protection of life.
(2)
Maintenance of public health.
(3)
Protection of property.
(4)
Provisions for public education.
(5)
Conservation of resources.
(6)
Provision of necessary public services.
(7)
Replacement or improvement of obsolete facilities.
(8)
Conformity and compatibility with the town's comprehensive plan.
(9)
Reduction of operating costs.
(10)
Public comfort and convenience.
(11)
Social, cultural, aesthetic or promotional value.
(Code 1967, § 7A-4)
Sec. 2-125. - Financial aspects.#
The town administrator, in consultation with the town treasurer, shall review the requests with respect to the financial resources of the town and shall prepare a schedule showing the effect of requested projects upon the current annual budget and the future debt and debt service charges for the town.
(Code 1967, § 7A-5)
Sec. 2-126. - Presentation to council and budget committee of recommended capital budget and improvements program.#
Not later than December 1 of each year, the town administrator shall forward to the town council and budget committee and make public a recommended capital budget and capital improvements program for the following six-year period. The first year of this six-year program shall be designated as the capital budget. The budget committee shall consider this recommended program as a guide in preparing its recommendations for the town's annual administrative budget.
(Code 1967, § 7A-6)
Secs. 2-127—2-129. - Reserved.#
DIVISION 4. - TIVERTON SCHOOL DEPARTMENT CAPITAL IMPROVEMENT REVOLVING FUND#
Sec. 2-130. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved project means a project which has complied with the administrative regulations governing G.L. 1965, §§ 16-7-35 through 16-7-47, and which has been authorized to receive state school housing reimbursement by the commissioner of elementary and secondary education.
Bonded debt reimbursement means state housing aid reimbursement received as a result of bonded debt related to school capital improvement projects as approved by the Rhode Island Department of Education.
Capital improvement projects means repairs or construction on a facility that enhances the facility's condition, prolongs its useful life, or adapts to new uses and the acquisition or interest in land or lease or purchase of buildings.
Revolving fund means the Tiverton School Department Capital Improvement Revolving Fund established by this article.
Tiverton School Department deficit means the total amount of expenditures incurred by the Tiverton School Department in fiscal year 2025 more than what was appropriated by the Town of Tiverton and funded by the town from its general fund balance in fiscal year 2025.
(Ord. of 2-27-23(1); Ord. No. 2026-0005, 4-13-26)
Sec. 2-131. - Funding.#
Any and all reimbursements, including, but not limited to, reimbursements by the Rhode Island Department of Education related to any approved projects, excluding bonded debt reimbursement, shall be placed in a restricted school capital account to fund capital improvement projects.
(Ord. of 2-27-23(1); Ord. No. 2026-0005, 4-13-26)
Sec. 2-132. - Management and procedures.#
(a)
The town council, after consultation with the town administrator and school superintendent, shall review and approve by resolution, any withdrawal of funds from the capital improvement account to be used on an approved capital improved project.
(b)
Any funds withdrawn shall be utilized exclusively for professional services, consultants and approved capital improvement projects.
(c)
The town council shall prioritize the approved projects to be funded by the revolving fund and shall have oversight of the approved projects, including approval of all agreements and contracts for the approved projects.
(d)
The town council may engage an owners project manager to assist in the oversight of all approved projects to be paid for from the revolving fund.
(Ord. of 2-27-23(1))
Sec. 2-133. - Deficit reduction plan.#
(a)
The final amount of the Tiverton School Department deficit for FY 2025 will be determined and agreed upon by the town, the school department, and the town's auditors upon the passage of a Joint Resolution adopted by the Tiverton Town Council and the Tiverton School Committee.
(b)
All reimbursements placed in the fund under section 2-131 shall be re-allocated to the town's general fund to reimburse the town as a result of the Tiverton School Department deficit until such time as the deficit is satisfied in full as determined by the town treasurer in conjunction with the school finance officer. Upon full satisfaction and reimbursement of the total amount of the deficit as set forth in section 2-133(a), the town treasurer shall provide written notice to the town council and school committee of the satisfaction of the deficit reimbursement.
(c)
Upon the acceptance of the written notice from the town treasurer by the town council and school committee, any reimbursements for approved projects will be used in accordance with section 2-131 of this division.
(Ord. No. 2026-0005, 4-13-26)
Sec. 2-134. - Additional funding.#
The Town of Tiverton and the Tiverton School Department may from time to time transfer additional funds to the revolving fund by resolution.
(Ord. of 2-27-23(1))
DIVISION 5. - DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE RESTRICTED ACCOUNT#
Sec. 2-135. - Definitions.#
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:
"Application" means any application submitted by the Town of Tiverton for funding for the construction or maintenance of roads, sidewalk, and bridges under the "Rhode Restore Municipal Grant Program" or "municipal road and bridge revolving loan fund."
"Bank" means the Rhode Island Infrastructure Bank.
"Department" means the Rhode Island Department of Transportation.
"Municipal road and bridge revolving loan fund" means a program established by RIDOT and the Rhode Island Infrastructure Bank that provides loans to municipalities for the construction and maintenance of roads, sidewalks, and bridges.
"Rhode Restore Municipal Grant Program" means a program administered by the Rhode Island Department of Transportation (RIDOT) which provides funding to municipalities for the construction and maintenance of roads, sidewalks, and bridges.
(Ord. No. 2025-0003, 4-21-25)
Sec. 2-136. - Funding.#
Any and all reimbursements received by the town for roads, sidewalks, and bridges from the Rhode Restore Municipal Grant Program, the municipal bridge revolving loan fund or their successors, after the award of a successful application by the department or bank, shall be placed into the Tiverton Department of Public Works Paving/Drainage Account.
(Ord. No. 2025-0003, 4-21-25)