The text
Footnotes:
--- (2) --- Editor's note— Designation of art. I was added by Ord. No. O-16-16, § I, adopted August 17, 2016.
Sec. 66-1. - Individual sewage disposal system or sewer connection required.#
The owner of every dwelling house or any type of building shall provide the same with a suitable individual sewage disposal system, properly connected with such house or building, with an individual sewage disposal system permit from the state, or must connect such house or building to a sewer line. The requirements of this section shall be met previous to the issuance of a building permit.
(Code 1971, § 18-1)
Sec. 66-2. - Borrowing payable from city's sewer system revenues authorized.#
(a)
The sum of $50,000,000.00 is appropriated for the planning, construction, financing, maintenance, renewal and replacement costs for the collection, transportation, pumping, treatment and final disposition of sewage in the City of Warwick (the "project"). The period of usefulness of the project is expected to be not less than 25 years.
(b)
In accordance with G.L. Ch. 46-12.2, the mayor and the city treasurer are authorized to borrow an amount not exceeding $50,000,000.00 from the Rhode Island Clean Water Finance Agency, and to evidence such loan, such officers are hereby authorized to issue sewer revenue bonds in an amount not exceeding $50,000,00.00 (the "bonds"), at one time or from time to time in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $50,000,000.00 interest bearing or discounted notes (the "notes") under G.L. Ch. 46-12.2 in anticipation of the issue of said bonds or in anticipation of the receipt of federal or state aid for the purposes specified in subsection (a) hereof.
(d)
The bonds and notes shall be payable solely from revenues of the city's sewer system, including, but not limited to annual charges, sewer assessments and connect capable charges (the "sewer revenues"). The bonds and notes shall not be general obligations of the city. The city may issue bonds, notes or other obligations on a parity with the bonds or notes.
(e)
The manner of sale and the forms, denominations, maturities, interest rates and other details of the bonds and notes shall be fixed by the said officers.
(f)
Pending the issue of bonds under subsection (b) hereof or pending or in lieu of the issue of notes under subsection (c) hereof, the city treasurer may expend funds from the general treasury of the city for the purposes specified in subsection (a) hereof. Any advances made under this subsection shall be repaid without interest from the proceeds of bonds or notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.
(g)
The said officers are also authorized, empowered and directed, on behalf of the city, to: (1) execute, acknowledge and deliver a trust indenture by and among the city, the Warwick Sewer Authority, and a corporate trustee (the "trust indenture"), one or more supplemental indentures relating to the bonds and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (2) amend, modify or supplement the trust indenture, supplemental indentures, bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (3) pledge the sewer revenues to secure payment of the bonds or notes; (4) direct the trustee with regard to investments of trust funds pursuant to the trust indenture; and (5) do and perform all such other acts and things deemed by said officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent thereof.
(h)
The mayor and city treasurer are hereby authorized to take all lawful action necessary under the Internal Revenue Code of 1986, as amended (the "Code"), to ensure that the interest on the bonds and the notes will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the bonds or notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code.
(i)
This section is an affirmative action of the city council of the city toward the issuance of the bonds and notes in accordance with the purposes of the laws of the state. This section constitutes the city's declaration of official intent, pursuant to Treasury Regulation § 1.150-2, to reimburse the city funds and accounts for certain capital expenditures for the project paid on or after the date which is 60 days prior to the date of this section but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall be reimbursed not later than 18 months after (1) the date on which the expenditure is paid or (2) the date the particular project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid.
(j)
The mayor and city treasurer are hereby authorized to take all lawful action necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a continuing disclosure certificate in connection with the bonds or notes in the form as shall be deemed advisable by the mayor and city treasurer in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this subsection and under the continuing disclosure certificate.
(Ord. No. O-04-23, § I, 10-16-04)
Sec. 66-3. - Borrowing payable from city's sewer system revenues authorized—Nitrogen and phosphorus removal facilities, preliminary treatment, aeration systems, secondary treatment facilities, solids handling and flood protection improvements.#
(a)
In addition to the authority granted by section 66-2 of the Code of Ordinances, the sum of $23,000,000.00 is appropriated for the design, construction, equipping, replacement, repair and rehabilitation of the city's sewage treatment system exclusively for upgrades to nitrogen and phosphorus removal facilities, preliminary treatment, sludge and aeration systems, secondary treatment facilities, solids handling and flood protection improvements, and the costs of issuance of the bonds and notes (defined below) (collectively, the "Project"). The period of usefulness of the project is expected to be not less than 25 years. Any additional work on the city's sewage treatment system will require city council approval.
(b)
This section is adopted in accordance with the Rhode Island Clean Water Finance Agency Act, Chapter 46-12.2 of the Rhode Island General Laws, which requires that the city comply with the City Charter to the extent it is not in conflict with Chapter 46-12.2. The mayor and the city treasurer are hereby authorized to borrow an amount not exceeding $23,000,000.00 from the Rhode Island Clean Water Finance Agency, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the Warwick Sewer Authority, in an amount not exceeding $23,000,000.00, wastewater system revenue bonds (the "Bonds"), at one time, or from time to time, in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $23,000,000.00 interest bearing or discounted wastewater system revenue notes (the "Notes") in anticipation of the issuance of said bonds. Issuance of notes must be approved by the city council.
(d)
The estimated maximum cost of the project is $23,000,000.00.
(e)
The bonds and notes shall be payable solely from revenues of the city's sewer system including, but not limited to, annual charges, sewer assessments and connect capable charges (the "Sewer Revenues"). The bonds and notes are not and shall never be general obligations of the city and therefore the authorization of the bonds and notes is not subject to the referendum requirements of the City Charter as the city's full faith and credit is not pledged to the payment of the bonds and notes. The city may issue bonds, notes, or other obligations on a parity with the bonds. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes. The net debt of the city is not affected by the issuance of the bonds or notes as the bonds and notes will not be general obligations of the city but will be payable solely from wastewater system revenues. The bonds and notes authorized hereby will be within all debt and other limitations prescribed by the Constitution and the laws of Rhode Island.
(f)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are also authorized, empowered and directed, to:
(1)
Execute, acknowledge and deliver a supplemental indenture by and among the city, the Warwick Sewer Authority and the U.S. Bank National Association, as trustee (the "trustee") amending and supplementing the trust indenture dated December 30, 2004 by and between the city and the trustee (as amended, the "trust indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing;
(2)
Amend, modify or supplement the trust indenture, the supplemental indenture, the bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; and
(3)
Do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent hereof.
(g)
The mayor and the city treasurer are hereby authorized to deliver the bonds or notes to the purchaser and said officers and the Chairperson of the Warwick Sewer Authority are hereby authorized and instructed to take all actions necessary to ensure that interest on the bonds and notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
(h)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a continuing disclosure certificate in connection with the bonds or notes in the form as shall be deemed advisable by the mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section and under the continuing disclosure certificate.
(i)
This section shall take effect upon its passage.
(Ord. No. O-13-23, § 1, 12-10-13)
Sec. 66-4. - Borrowing payable from city's sewer system revenues authorized—Exclusively for Governor Francis III Wastewater Collection System, Northwest Gorton Pond Wastewater Collection System, O'Donnell Hill Area Wastewater Collection System, Bayside I Wastewater Collection System, Bayside II Wastewater Collection System, Bayside III Wastewater Collection System.#
(a)
In addition to the authority granted by sections 66-3 and 66-4 of the Code of Ordinances, the sum of $33,000,000.00 is appropriated for the design, construction, equipping and extension of the city's sewer lines and sewage collection system exclusively for the Governor Francis III Wastewater Collection System, the Northwest Gorton Pond Wastewater Collection System, the O'Donnell Hill Area Wastewater Collection System, the Bayside I Wastewater Collection System, the Bayside II Wastewater Collection System, the Bayside III Wastewater Collection System, the Oakland Beach Interceptor (provided, however, that the appropriation for the Oakland Beach Interceptor is limited to $2,960.00), and the costs of issuance of the bonds and notes (defined below) (collectively, the "Project"). The $2,960.00 appropriated for the Oakland Beach Interceptor shall be funded from unspent proceeds of the city's Wastewater System Revenue Bonds, 2017 Series A previously issued to the Rhode Island Infrastructure Bank ("RIIB"). The period of usefulness of the project is expected to be not less than 25 years. Any additional projects will require city council approval.
(b)
This section is adopted in accordance with the Rhode Island Clean Water Finance Agency Act, Chapter 46-12.2 of the Rhode Island General Laws, which requires that the City comply with the City Charter to the extent it is not in conflict with Chapter 46-12.2. The mayor and the city treasurer are hereby authorized to borrow an amount not exceeding $33,000,000.00 from RIIB, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the Warwick Sewer Authority, in an amount not exceeding $33,000,000.00, wastewater system revenue bonds (the "Bonds"), at one time, or from time to time, in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $33,000,000.00 interest bearing or discounted wastewater system revenue notes (the "Notes") in anticipation of the issuance of said bonds. Issuance of notes must be approved by the city council.
(d)
The estimated maximum cost of the project is $33,000,000.00.
(e)
The bonds and notes shall be payable solely from revenues of the city's sewer system including, but not limited to, annual charges, sewer assessments and connect capable charges (the "Sewer Revenues"). The bonds and notes are not and shall never be general obligations of the city and therefore the authorization of the bonds and notes is not subject to the referendum requirements of the City Charter as the city's full faith and credit is not pledged to the payment of the bonds and notes. The city may issue bonds, notes, or other obligations on a parity with the bonds. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes. The net debt of the city is not affected by the issuance of the bonds or notes as the bonds and notes will not be general obligations of the city but will be payable solely from wastewater system revenues. The bonds and notes authorized hereby will be within all debt and other limitations prescribed by the Constitution and the laws of Rhode Island.
(f)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are also authorized, empowered and directed, to:
(1)
Execute, acknowledge and deliver a supplemental indenture by and among the city, the Warwick Sewer Authority and U.S. Bank National Association, as trustee (the "Trustee") (the "Supplemental Indenture") amending and supplementing the trust indenture dated December 30, 2004 by and between the city and the trustee (as amended, the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing;
(2)
Amend, modify or supplement the trust indenture, the supplemental indenture, the bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; and
(3)
Do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent hereof.
(g)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are hereby authorized to deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions necessary to ensure that interest on the bonds and notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
(h)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a continuing disclosure certificate in connection with the bonds or notes in the form as shall be deemed advisable by the mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section and under the continuing disclosure certificate.
(i)
This section shall take effect upon its passage.
(Ord. No. O-13-22, § 1, 12-10-13; Ord. No. O-2-8, § 1, 6-23-21)
Sec. 66-5. - Borrowing payable from city's sewer system revenues authorized.#
(a)
In addition to the authority granted in the amount of $7,000,000.00 by O-20-10, previously known as PCO-11-20, and codified as section 66-5 of the Code of Ordinances, the additional sum of $23,000,000.00 is appropriated for the design, construction, repair, rehabilitation, equipping, and extension of the city's sewage collection system, including, but not limited to, interceptors, trunk lines, pumps, manholes, pipes, and design, feasibility, engineering, assessment or other studies which may be necessary or desirable in connection therewith, and the costs of issuance of the bonds and notes (defined below) (collectively, the "project"). The period of usefulness of the Project is expected to be not less than 25 years.
(b)
This section is adopted in accordance with the Rhode Island Infrastructure Bank Act, Chapter 46-12.2 of the Rhode Island General Laws, which requires that the city comply with the city charter to the extent it is not in conflict with [G.L.] Chapter 46-12.2. The mayor and the city treasurer are hereby authorized to borrow an amount not exceeding $30,000,000.00 from the Rhode Island Infrastructure Bank, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the Warwick Sewer Authority, in an amount not exceeding $30,000,000.00 wastewater system revenue bonds (the "bonds"), at one time, or from time to time, in order to meet the foregoing appropriation.
(c)
The said officers from time to time may issue and refund not exceeding $30,000,000.00 interest bearing or discounted wastewater system revenue notes (the "notes") in anticipation of the issuance of said bonds.
(d)
The estimated maximum cost of the project is $30,000,000.00.
(e)
The bonds and notes shall be payable solely from revenues of the city's sewer system including, but not limited to, annual charges, sewer assessments and connect capable charges (the "sewer revenues"). The bonds and notes are not and shall never be general obligations of the city and therefore the authorization of the bonds and notes is not subject to the referendum requirements of the city charter as the city's full faith and credit is not pledged to the payment of the bond and notes. The city may issue bonds, notes, or other obligations on a parity with the bonds. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes. The net debt of the city is not affected by the issuance of the bonds or notes as the bonds and notes will not be general obligations of the city but will be payable solely from wastewater system revenues. The bonds and notes authorized hereby will be within all debt and other limitations prescribed by the Constitution and the laws of Rhode Island.
(f)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are also authorized, empowered and directed, to:
(1)
Execute, acknowledge and deliver one or more supplemental indentures (the "Supplemental Indentures") by and among the city, the Warwick Sewer Authority and U.S. Bank National Association, as trustee (the "trustee") amending and supplementing the trust indenture dated December 30, 2004 by and between the city and the trustee (as amended, the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing;
(2)
Amend, modify or supplement the trust indenture, the supplemental indenture, the bonds or notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; and
(3)
Do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this section in order to effectuate said borrowing and the intent thereof.
(g)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are hereby authorized to deliver the bonds or notes to the purchaser and, if the bonds and notes are to be issued on a tax-exempt basis, said officers are hereby authorized and instructed to take all actions necessary to ensure that interest on the bonds and notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds or notes to become subject to federal income taxes.
(h)
The mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver one or more continuing disclosure certificates in connection with the bonds or notes in the form as shall be deemed advisable by the mayor, the city treasurer and the Chairperson of the Warwick Sewer Authority in order to comply with the SEC Rule. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificates, as they may be amended from time to time. Notwithstanding any other provision of this section or the bonds or notes, failure of the city to comply with the continuing disclosure certificates shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section and under the continuing disclosure certificate.
(i)
The ordinance from which this section is derived is an affirmative action of the city council toward the issuance of the bonds and notes in accordance with the purposes of the laws of the state. The ordinance form which this section is derived constitutes the city's declaration of official intent, pursuant to Treasury Regulation 1.150(2), to reimburse the city's sewer enterprise fund for certain capital expenditures paid prior to the issuance of the bonds and notes. Such amounts shall be reimbursed not later than 18 months after (a) the date on which the expenditure is paid or (b) the date the property is placed in service or abandoned, but in no event later than three years after the date the expenditure is paid.
(Ord. No. O-20-10, § I, 8-24-20; Ord. No. O-23-8, § I, 4-18-23)
Editor's note— Ord. No. O-20-10, § I, adopted Aug. 24, 2020, set out provisions intended for use as 66-5.1. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 66-5.
Sec. 66-6. - Quarterly reports by Director of the Warwick Sewer Authority and the chief of the water division to the city council.#
The Director of the Warwick Sewer Authority and the chief of the water division shall appear before the city council at the first meeting of each quarter (January, April, July and October) and provide the city council with information on each of the following items: (1)
Status as of the time of the report on any and all pending construction projects including but not limited to and, as may be applicable, the plant upgrades and new installations;
(2)
Financial reports on any change orders related to construction;
(3)
For sewer projects that received funds from the $33,000,000.00 bonds, information in "real time" on which projects are on budget, over budget or under budget;
(4)
The numbers of new customers added to the sewer system since the prior quarterly report;
(5)
Updates on grants and other funding activity and applications therefor;
(6)
Potential pending foreclosures of any property;
(7)
Updates on any projects in the planning stage, engineering stage, permitting, etc.; and
(8)
Answer any questions put forth by council members.
(Ord. No. O-14-8, § I, 5-21-14)