(a)  In connection with the issuance of duly authorized bonds, notes or other obligations of a city or town with a population greater than one hundred twenty-five thousand (125,000) inhabitants, notwithstanding any other authority to the contrary, such bonds, notes or other obligations may be issued in the form of variable rate obligations, so-called. In connection therewith, any such city or town, acting through its finance director or treasurer, may enter into agreements with banks, trust companies or other financial institutions within or without the state, whether in the form of letters or lines of credit, liquidity facilities, insurance or other support arrangements. Any bonds, notes or other obligations issued as variable rate obligations shall bear such terms as may be fixed by the vote or resolution of the city or town authorizing the bonds, notes or other obligations, or in absence of foregoing such terms as the finance director or treasurer shall determine, including provisions for prepayment at any time with or without premium at the option of the city or town, may be sold at a premium or discount, and may bear interest or not and if interest bearing, may bear interest at such rate or rates variable from time to time as determined by such index, banking loan rate or other method specified in any such agreement. Any such agreement may also include such other covenants and provisions for protecting the rights, security and remedy of the lenders as may, in the discretion of the finance director or treasurer, be reasonable and proper and not in violation of law. The finance director or treasurer of the city or town may also enter into agreements with brokers for the placement or marketing of any such bonds, notes or other obligations issued as variable rate obligations.

Terms Used In Rhode Island General Laws 45-12-5.4

  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • 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
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.

(b)  In addition, the finance director or treasurer of a city or town with a population greater than one hundred twenty-five thousand (125,000) inhabitants, with the approval of the city or town council, may from time to time, enter into and amend interest rate exchange agreements, including, but not limited to, interest rate “caps,” “floors,” “collars,” or “swaps” that the finance director or treasurer determines to be necessary or desirable for the purpose of generating savings, managing an interest rate, or similar risk that arises in connection with, or subsequent to or is incidental to the issuance, carrying or securing of variable rate obligations, fixed rate bonds or fixed rate obligations. Such interest rate exchange agreements shall contain such provisions, including payment, term, security, default and remedy provisions, and shall be with such parties, as the finance director or treasurer shall determine to be necessary or desirable after due consideration to the creditworthiness of those parties. Any municipal public buildings authority established pursuant to title 45, chapter 50 of the general laws and any redevelopment agency operating pursuant to title 45, chapter 31 of the general laws, which public buildings authority or redevelopment agency has been established by a city or town with a population greater than one hundred twenty-five thousand (125,000) inhabitants, shall also have the authority to enter into interest rate exchange agreements as set forth in this paragraph.

History of Section.
P.L. 2004, ch. 263, § 1.