(a)  The outstanding notes, bonds, and contracts of cities and towns shall be paid and fulfilled according to their tenor, and all public works now authorized to be prosecuted shall be prosecuted, and all indebtedness now authorized to be incurred on account thereof may be incurred, according to the tenor of the authority therefor. The power and obligation of each city and town to pay its general obligation bonds and notes, whether or not issued pursuant to this chapter, shall be unlimited, and each city and town shall levy ad valorem taxes upon all the taxable property within the city or town for the payment of the general obligation bonds or notes and interest on these bonds or notes, without limitation of rate or amount, except as otherwise provided by or pursuant to law. The faith and credit ad valorem taxes, and general fund revenues of each city, town and district shall be pledged for the payment of the principal of, premium and the interest on, all general obligation bonds and notes of the city or town whether or not the pledge is stated in the bonds or notes, or in the proceedings authorizing their issue and shall constitute a first lien on such ad valorem taxes and general fund revenues. Each city, town and district shall annually appropriate a sum sufficient to pay the principal, premium and interest coming due within the year on all its general obligation bonds and notes to the extent that moneys for the general obligation bonds and notes are not otherwise provided. If that sum is not appropriated, it shall nevertheless be added to the annual tax levy. Annual appropriations for payment of financing leases and obligations securing bonds, notes or certificates (“other financing obligations”), shall also have a first lien on ad valorem taxes and general fund revenues commencing on the date of each annual appropriation. Amounts appropriated or added to the tax levy to pay principal of, premium and interest on, general obligation bonds or notes and payments of other financing obligations shall be applied to the payment of such obligations. Any municipal or district employee or official who intentionally violates the provisions of this section shall be personally liable to the city, town or district for any amounts not expended in accordance with such appropriations. The superior court shall have jurisdiction to adjudicate claims brought by any city, town or district hereunder and to order such relief as the court may find appropriate to prevent further violations of this section. Any municipal or district employee or official who violates the provisions of this section shall be subject to removal.

Terms Used In Rhode Island General Laws 45-12-1

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

(b)  Notwithstanding any provision of any other law, including the uniform commercial code, title 6A of the Rhode Island general laws:

(1)  The pledge of ad valorem taxes and general fund revenues to the payment of the principal, premium and interest on general obligation bonds and notes and payment of other financing obligations, whether or not issued pursuant to this chapter, is valid and binding, and deemed continuously perfected from the time the bonds or notes or other financing obligations are issued;

(2)  No filing need be made under the uniform commercial code or otherwise to perfect the first lien on ad valorem taxes or general fund revenues;

(3)  The pledge of ad valorem taxes and general fund revenues is subject to the lien of the pledge without delivery or segregation, and the first lien on ad valorem taxes and general fund revenues is valid and binding against all parties having claims of contract or tort or otherwise against the city or town, whether or not the parties have notice thereof.

(4)  The pledge shall be a statutory lien effective by operation of law and shall apply to all general obligation bonds and notes and other financing obligations of cities, towns and districts heretofore or hereafter issued and shall not require a security agreement to be effective. Such pledge shall not constitute a security agreement under Rhode Island law.

(c)  The pledge of ad valorem taxes and general fund revenues to the payment of principal, premium and interest on general obligation bonds and notes, under this section constitutes a sufficient appropriation for the purposes of any provision for appropriation, and the ad valorem taxes and general fund revenues may be applied as required by the pledge without further appropriation; provided, however, that this subsection (c) shall not apply to other financing obligations which are subject to annual appropriation.

(d)  As used in this section, the following words shall have the following meanings:

(1)  “Ad valorem taxes” shall mean all ad valorem taxes levied by cities, towns and districts on property, including motor vehicle excise taxes, except for “project revenues” as defined in § 45-33.2-3.

(2)  “Pledge” shall mean a first lien on, and a grant of a security interest in, ad valorem taxes and general fund revenues.

(3)  “General fund revenues” shall mean all taxes, fees, assessments, charges, receipts and other monies (including unrestricted fund balance) derived from any source, to the extent that such monies are deposited or required to be deposited to the general fund of the city, town, or district, and all accounts and rights to receive the ad valorem taxes and general fund revenues and the proceeds thereof.

(e)  If any provision of this section or the application thereof shall for any reason be judged invalid, that judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.

History of Section.
G.L. 1896, ch. 36, § 20; G.L. 1909, ch. 46, § 20; G.L. 1923, ch. 47, § 21; G.L. 1938, ch. 329, § 24; G.L. 1956, § 45-12-1; P.L. 1982, ch. 153, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1; P.L. 2011, ch. 269, § 1; P.L. 2011, ch. 277, § 1.