Authorizing the State to Enter into a Financing Agreement Relating to School Construction in the City of Pawtucket and Authorizing the City of Pawtucket to Finance Renovations and Repairs to Samuel Slater Middle School Facilities, or the Acquisition, Construction, Improvement, Furnishing and Equipping of a New Middle School and School Facilities and All Expenses Incident Thereto Including, but Not Limited to, Costs of Design, Demolition, Athletic Fields, Landscaping and Parking by the Issuance of Not More Than $22,500,000 City Bonds, City Notes And/or Other Evidences of Indebtedness Therefor

WHEREAS, Pursuant to Article XII of the Rhode Island Constitution, it is the duty of the State of Rhode Island (the "state") and the Rhode Island general assembly to promote public schools as the diffusion of knowledge is essential to the preservation of the rights and liberties of the Rhode Island people; and

WHEREAS, It is the duty of the state and the Rhode Island general assembly to adopt all means which they deem necessary and proper to secure to the people, the advantages and opportunities of education and guarantee adequate public school housing for all public school children in the state; and

WHEREAS, School facilities provide more than a place for instruction. The physical learning environment contributes to the successful performance of educational programs designed to meet students' educational needs and good educational outcomes depend on safe healthy school buildings. Every student needs a safe, healthy, and sanitary learning environment that promotes student learning and development; and

WHEREAS, The Samuel Slater Middle School in the city of Pawtucket. Rhode Island (the "city") is in need of major repairs and upgrades, which presently interfere with the effective operation of the school and negatively affect the health safety and welfare of the children of Pawtucket; and

WHEREAS, State and city officials recently participated in a walkthrough of Samuel Slater Middle School and fully recognize the urgent need for improved facilities at the school; and

WHEREAS, It is critical for the state and city to balance the demonstrated needs of students with fiscal realities and the potential impact of tax increases on middle-class and working families; and

WHEREAS, For the first time since the state's enactment of the 4% property tax levy cap in 1985, the city was required to obtain approval from the state department of revenue to exceed the property tax levy cap and increase taxes in order to meet debt service obligations arising from school construction bonds approved by voters in 2018; and

WHEREAS, The city is currently midway through the Pawtucket High School project, the largest school construction project in the state. and must carry the full costs of the High School project until Rhode Island department of education ("RIDE") construction aid reimbursements become payable upon completion of the High School project; and

WHEREAS, As recently as 2010, the city was on the verge of state financial intervention, or potentially, bankruptcy; and

WHEREAS, Through hard work and prudent fiscal management for the past 15 years, city officials have restored and strengthened the city's financial position; and

WHEREAS, Given the city's existing school bond debt and other financial obligations, the city does not, in the near term, have the ability to borrow for improvements to Slater Middle School without sharply increasing taxes and jeopardizing the city's financial stability; and

WHEREAS, The city cannot risk undermining years of budgetary restraint, prudent cashflow management and responsible debt practices, or foreclose future opportunities for successful borrowing, by undertaking Samuel Slater Middle School improvements at this time without additional assistance from the state; and

WHEREAS, The state desires to recognize, support and encourage the city's efforts to balance fiscal responsibility with the provision of safe and healthy learning environments for all students. It is enacted and resolved by the general assembly as follows:

SECTION 1. Sections 1 through 3 of this act shall serve as the joint resolution required pursuant to Rhode Island General Laws § 35-18-1, et-seq. (the "Rhode Island public corporation debt management act").

SECTION 2. City of Pawtucket Samuel Slater Middle School Project.

WHEREAS, The WHEREAS clauses in paragraphs 1 through 12 hereof are hereby incorporated herein by reference.

WHEREAS, The city is proposing a project consisting of renovations and repairs to Samuel Slater Middle School facilities, or the acquisition, construction, improvement, furnishing and equipping of a new middle school and school facilities and all expenses incident thereto including, but not limited to, costs of design, demolition, athletic fields, landscaping and parking (the "project"); and

WHEREAS, It is less costly for the state to finance the project at lower interest rates and seek debt service reimbursement from the city than for the city to finance the project at higher interest rates and seek state housing aid reimbursement from the state; and

WHEREAS, The project will be financed through bonds issued by the Rhode Island Health and Educational Building Corporation (the "corporation") under its school financing revenue bond program, with an expected term of not to exceed thirty (30) years and it is anticipated that the state will be a signatory to a financing agreement with the corporation (the "state financing agreement"); and

WHEREAS, It is anticipated that the state's payment obligations to the corporation under the state financing agreement will be subject to appropriation therefor by the general assembly in each budget year; and

WHEREAS, The Rhode Island public corporation debt management act requires the general assembly to provide its consent to the issuance or incurring by the state of certain obligations, including financing guarantees or other payment agreements; and

WHEREAS, The total project costs covered by the state financing agreement are expected to be approximately $150,000,000. Debt service payments will be supported by revenues received by the corporation under the state financing agreement which include annual appropriations for debt service made by the state and payments from the city under the state financing agreement or a financing agreement between the state and the city (the "city financing agreement"). Total debt service on the bonds issued by the corporation (the "corporation bonds'') is not expected to exceed approximately $11,648,000 -- $18,544,500 annually and approximately $268,762,000 -- $346,394,250 in the aggregate, based on an average interest rate of five percent (5%) and dependent on whether the bonds are amortized over fifteen (15) or thirty (30) years; now, therefore be it

RESOLVED, That this general assembly hereby approves financing for the project in the amount of $150,000,000, plus original issue premium, if any, received in connection with the issuance of the corporation bonds, plus such additional amount as is required to finance costs of issuance, funding of debt service reserves, if required, and capitalized interest thereon; and be it further

RESOLVED, That the state, acting through the governor and the general treasurer may execute the state financing agreement as contemplated herein and any other agreements necessary to effectuate the purposes of this act; and be it further

RESOLVED, That the corporation bonds will be special obligations of the corporation payable from funds received by the corporation under the state financing agreement and other revenues received by the corporation, in any combination or priority as may be designated in the proceedings of the corporation authorizing the issuance of such debt. The total debt service on the corporation bonds is not expected to exceed approximately $11,648,000 - $18,544,500 annually and approximately $268,762,000 - $346,394,250 in the aggregate, at an average interest rate of approximately five percent (5%) and assuming an approximately thirty (30) years maturity; and be it further

RESOLVED, That the corporation bonds will not constitute indebtedness of the state or any of its subdivisions or a debt for which the full faith and credit of the state or any of its subdivisions is pledged. This act shall constitute an enabling act of the general assembly that is required pursuant to § 16-7-44; and be it further

RESOLVED, That no corporation bonds shall be issued unless the project shall be approved by RIDE; and be it further

RESOLVED, That the governor, the general treasurer and the state budget officer, on behalf of the state are hereby authorized to execute such documents or other papers as either of them deem necessary or desirable to carry out the intent of this act and are also authorized to take all actions and execute all documents or agreements necessary to comply with federal tax and securities laws, which documents or agreements may have a term coextensive with the maturity of the corporation bonds authorized hereby, including Rule c2-12 of the Securities and Exchange Commission (the "SEC rule") and to execute and deliver a continuing disclosure agreement or certificate in connection with the corporation bonds in the form as shall be deemed advisable by such officers in order to comply with the SEC rule.

SECTION 3. Sections l, 2, and this section 3 of this act shall take effect upon the passage.

SECTION 4. Sections 4 through 19 of this act shall be entitled "AN ACT AUTHORIZING THE CITY OF PAWTUCKET TO FINANCE RENOVATIONS AND REPAIRS TO SAMUEL SLATER MIDDLE SCHOOL FACILITIES, OR THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, FURNISHING AND EQUIPPING OF A NEW MIDDLE SCHOOL AND SCHOOL FACILITIES AND ALL EXPENSES INCIDENT THERETO, INCLUDING, BUT NOT LIMITED TO, COSTS OF DESIGN, DEMOLITION, ATHLETIC FIELDS, LANDSCAPING AND PARKING BY THE ISSUANCE OF NOT MORE THAN $22,500,0 CITY BONDS, CITY NOTES AND/OR OTHER EVIDENCES OF INDEBTEDNESS THEREFOR".

SECTION 5. The city of Pawtucket is hereby empowered, in addition to authority previously granted, to issue bonds and other evidences of indebtedness (the "city bonds") in an amount not exceeding twenty-two million five hundred thousand dollars ($22,500,000) from time to time under its corporate name and seal. The city bonds shall be issued to the state or to the Rhode Island health and educational building corporation (or to an entity designated by the state or the Rhode Island health and educational building corporation) to evidence the obligation of the city to pay for a portion of the project described in section 7. The city bonds of each issue may be issued in the form of zero coupon bonds, capital appreciation bonds, serial bonds or term bonds or a combination thereof and shall be payable either by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds, in installments of principal, the first installment to be not later than five (5) years and the last installment not later than thirty

(30) years after the date the city bonds are issued. The amortization of the city bonds need not correspond to the amortization of the corporation bonds. Annual installments of principal may be provided for by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds. The amount of principal appreciation each year on any city bonds, if any after the date of original issuance, shall not be considered to be principal indebtedness for the purposes of any constitutional or statutory debt limit or any other limitation. The appreciation of principal after the date of original issue shall be considered interest. Only the original principal amount shall be counted in determining the principal amount so issued and any interest component shall be disregarded.

SECTION 6. This act shall constitute an enabling act of the general assembly that is required pursuant to § 16-7-44. The project shall not be eligible for state housing aid reimbursement calculated pursuant to § 16-7-39 but shall be eligible for foundational aid offered on a pay-as-you-go basis pursuant to § 45-38.2-4. No city bonds shall be issued unless the school project described herein has been approved by the RIDE.

SECTION 7. The city bonds shall be signed by the mayor and the city treasurer and shall be issued and sold in such amounts as the city council may authorize. The manner of sale, denominations, maturities, interest rates and other terms, conditions and details of any city bonds or city notes issued under this act may be fixed by the proceedings of the city council authorizing the issue or by separate resolution of the city council or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the city bonds or city notes. Notwithstanding anything contained in this act to the contrary, the city may enter into financing agreements with the Rhode Island Health and Educational Building Corporation pursuant to chapter 7 of title 16 and chapter 38. l of title 45 and, with respect to city bonds or city notes issued in connection with such financing agreements, if any, the city may elect to have the provisions of chapter 38.1 of title 45 apply to the issuance of the city bonds or city notes issued hereunder to the extent the provisions of chapter 38.1 of title 45 are inconsistent herewith. Such election may be fixed by the proceedings of the city council authorizing such issuance or by separate resolution of the city council, or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the city bonds or city notes. The proceeds derived from the sale of the city bonds shall be delivered to the city treasurer, and such proceeds exclusive of premiums and accrued interest shall be expended:

(1) For renovations and repairs to Samuel Slater Middle School facilities, or the acquisition, construction, improvement, furnishing and equipping of a new middle school and school facilities and all expenses incident thereto including, but not limited to, costs of design, demolition, athletic fields, landscaping and parking and all costs related thereto either directly or as a reimbursement to the state to the extent the state pays for and or finances such costs hereunder;

(2) For payment of the principal or interest on temporary city notes issued under section 8;

(3) In payment of capitalized interest on city bonds or city notes;

(4) In repayment of advances under section 9; or

(5) In payment of related costs of issuance of any city bonds or city notes. No purchaser of any city bonds or city notes under this act shall be in any way responsible for the proper application of the proceeds derived from the sales thereof. The project shall be carried out and all contracts made therefor on behalf of the city by the city council, or the city council may delegate such authority to the school committee or the school building committee. The proceeds of city bonds or city notes issued under this act, any applicable federal or state assistance and other monies referred to in sections 10 and 14, shall be deemed appropriated for the purposes of this act without further action than that required by this act. The city bond issue authorized by this act may be consolidated for the purposes of issuance and sale with any other bond issue of the city heretofore or hereafter authorized; provided that, notwithstanding any such consolidation, the proceeds from the sale of the city bonds authorized by this act shall be expended for the purposes set forth above.

SECTION 8. The city council may by resolution authorize the issue from time to time of interest bearing or discounted notes (the ''city notes") in anticipation of the issue of city bonds or in anticipation of the receipt of federal or state aid for the purposes of this act. The amount of original city notes issued in anticipation of city bonds may not exceed the amount of city bonds which may be issued under this act, and the amount of original city notes issued in anticipation of federal or state aid may not exceed the amount of available federal or state aid as estimated by the city treasurer. Temporary city notes issued hereunder shall be signed by the manual or facsimile signatures of the city treasurer and the mayor, shall be payable within five (5) years from their respective dates, but the principal of and interest on city notes issued for a shorter period may be renewed or paid from time to time by the issue of other city notes thereunder provided the period from the date of an original note to the maturity or any note issued to renew or pay the same debt or the interest thereon shall not exceed five (5) years. Any temporary city notes in anticipation of city bonds issued under this section may be refunded prior to the maturity of the city notes by the issuance of additional temporary city notes; provided that, no such refunding shall result in any amount of such temporary city notes outstanding at any one time in excess of two hundred percent (200%) of the amount of city bonds which may be issued under this act; and provided, further that, if the issuance of any such refunding city notes results in any amount of such temporary city notes outstanding at any one time in excess of the amount of city bonds which may be issued under this act, the proceeds of such refunding city notes shall be deposited in a separate fund established with the bank which is paying agent for the city notes being refunded. Pending their use to pay the city notes being refunded, monies in the fund shall be invested for the benefit of the city by the paying agent at the direction of the city treasurer in any investment permitted under section 10. The monies in the fund and any investments held as a part of the fund shall be held in trust and shall be applied by the paying agent solely to the payment or prepayment of the principal of and interest on the city notes being refunded. Upon payment of all principal of and interest on the city notes, any excess monies in the fund shall be distributed to the city. The city may pay the principal of and interest on city notes, in full, from other than the issuance of refunding city notes prior to the issuance of city bonds pursuant to section 5 hereof. In such case, the city's authority to issue city bonds or city notes in anticipation of city bonds under this act shall continue provided that:

(1) The city council passes a resolution evidencing the city's intent to pay off the city notes without extinguishing the authority to issue city bonds or city notes; and

(2) That the period from the date of an original city note to the maturity date of any other city note shall not exceed five (5) years.

SECTION 9. Pending any authorization or issue of city bonds hereunder or pending or in lieu of any authorization or issue of city notes hereunder, the city treasurer, with the approval of the city council, may, to the extent that city bonds or city notes may be issued hereunder, apply funds in the treasury of the city to the purposes specified in section 7, such advances to be repaid without interest from the proceeds of city bonds or city notes subsequently issued or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 10. Any proceeds of city bonds or city notes issued hereunder or of any applicable federal or state assistance, pending their expenditure, may be deposited or invested by the city 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 or resolution of the city council or pursuant to an investment policy of the city.

SECTION 11. Any accrued interest received upon the sale of city bonds or city notes hereunder shall be applied to the payment of the first interest due thereon. Any premiums arising from the sale of city bonds or city notes hereunder and any earnings or net profit realized from the deposit or investment of funds hereunder shall, in the discretion of the city treasurer, be applied to the cost of preparing, issuing, and marketing city bonds or city notes hereunder to the extent not otherwise provided, to the payment of the cost of the project, to the costs of additional improvements coming within the description of the project, to the payment of the principal of or interest on city bonds or city notes issued hereunder or to any one or more of the foregoing. The cost of preparing, issuing and marketing city bonds or city notes hereunder may also, in the discretion of the city treasurer, be met from bond or note proceeds exclusive of accrued interest or from other monies available therefor. Any balance of city bond or note proceeds remaining after payment of the cost of the projects and the cost of preparing, issuing and marketing city bonds or city notes hereunder shall be applied to the payment of the principal of or interest on city bonds or city notes issued hereunder. To the extent permitted by applicable federal laws, any earnings or net profit realized from the deposit or investment of funds hereunder may, upon receipt, be added to and dealt with as part of the revenues of the city from property taxes. In exercising any discretion under this section, the city treasurer shall be governed by any instructions adopted by resolution of the city council.

SECTION 12. All city bonds and city notes issued under this act and the debts evidenced thereby shall be obligatory on the city in the same manner and to the same extent as other debts lawfully contracted by it and shall be excepted from the operation of § 45-12-2. No such obligation shall at any time be included in the debt of the city for the purpose of ascertaining its borrowing capacity. The city shall annually appropriate a sum sufficient to pay the principal and interest coming due within the year on city bonds and city notes issued hereunder to the extent that monies therefor are not otherwise provided. If such sum is not appropriated, it shall nevertheless be added to the annual tax levy. In order to provide such sum in each year and notwithstanding any provision of law to the contrary, all taxable property in the city shall be subject to ad valorem taxation by the city without limitation as to rate or amount.

SECTION 13. Any city bonds or city notes issued under the provisions of this act, if properly executed by officers of the city 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 14. The city, acting by resolution of its city council 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 7.

SECTION 15. City bonds and city 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 city bonds and city notes issued hereunder shall in no way depend upon the validity or occurrence of such action.

SECTION 16. All or any portion of the authority to issue city bonds and city notes under this act may be extinguished by resolution of the city council, without further action by the general assembly seven (7) years after the effective date of this act.

SECTION 17. The city treasurer and the mayor, on behalf of the city, are hereby authorized to execute such documents or other papers as either of them deem necessary or desirable to carry out the intent of this act and are also authorized to take all actions and execute all documents or agreements necessary to comply with federal tax and securities laws, which documents or agreements may have a term coextensive with the maturity of the city bonds authorized hereby, including the SEC rule and to execute and deliver a continuing disclosure agreement or certificate in connection with the city bonds or notes in the form as shall be deemed advisable by such officers in order to comply with the SEC rule.

SECTION 18. The question of the approval of sections 4 through 17 of this act shall be submitted to the electors of the city at the election to be held on November 3, 2026, or at a special local election (other than a primary), on a date as shall be designated by the city council. The question shall be submitted in substantially the following form: "Shall an Act, passed at the 2026 session of the General Assembly, entitled in part, 'AN ACT AUTHORIZING THE CITY OF PAWTUCKET TO FINANCE RENOVATIONS AND REPAIRS TO SAMUEL SLATER MIDDLE SCHOOL FACILITIES, OR THE ACQUISITION, CONSTRUCTION, IMPROVEMENT. FURNISHING AND EQUIPPING OF A NEW MIDDLE SCHOOL AND SCHOOL FACULTIES AND ALL EXPENSES INCIDENT THERETO INCLUDING, BUT NOT LIMITED TO, COSTS OF DESIGN, DEMOLITION, ATHLETIC FIELDS, LANDSCAPING AND PARKING BY THE ISSUANCE OF NOT MORE THAN $22,500,0 CITY BONDS, CITY NOTES AND/OR OTHER EVIDENCES OF INDEBTEDNESS THEREFOR' be approved?" and the warning for the election shall contain the question to be submitted. From the time the election is warned and until it is held, it shall be the duty of the city clerk to keep a copy of the act available at their office for public inspection, but the validity of the election shall not be affected by this requirement.

SECTION 19. Sections l through 3 and sections 18; and of this act shall take effect upon the passage. Sections 4 through 17 of this act shall take effect upon the approval of this act by a majority of those voting on the question at the election prescribed by section 18. EXPLANATION OF JOINTRESOLUTIO NJ OINTRESOLUTION AND AN ACT AUTHORIZING THE STATE TO ENTER INTO A FINANCING AGREEMENT RELATING TO SCHOOL CONSTRUCTION IN THE CITY OF PAWTUCKET AND AUTHORIZING THE CITY OF PAWTUCKET TO FINANCE RENOVATIONS AND REPAIRS TO SAMUEL SLATER MIDDLE SCHOOL FACILITIES, OR THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, FURNISHING AND EQUIPPING OF A NEW MIDDLE SCHOOL AND SCHOOL FACILITIES AND ALL EXPENSES INCIDENT THERETO INCLUDING, BUT NOT LIMITED TO, COSTS OF DESIGN, DEMOLITION, ATHLETIC FIELDS, LANDSCAPING AND PARKING BY THE ISSUANCE OF NOT MORE THAN $22,500,0 CITY BONDS, CITY NOTES AND/OR OTHER EVIDENCES OF INDEBTEDNESS THEREFOR *** This act would serve as the joint resolution required pursuant to Rhode Island General Laws §35-18-1, et seq (the "Rhode Island public corporation debt management act") to finance the middle school project described below. This act would also authorize the city of Pawtucket to issue city bonds, city notes or other evidences of indebtedness in an amount not to exceed twenty-two million five hundred thousand dollars ($22,500,000) to finance renovations and repairs to Samuel Slater Middle School facilities, or the acquisition, construction, improvement, furnishing and equipping of a new middle school and school facilities and all expenses incident thereto including, but not limited to, costs of design, demolition, athletic fields, landscaping and parking. This act would also constitute an enabling act of the general assembly that is required pursuant to § 16-7-44. The project would not be eligible for state housing aid reimbursement calculated pursuant to § 16-7-39 but would be eligible for foundational aid offered on a pay-as- you-go basis pursuant to § 45-38.2-4. No bonds shall be issued under the act unless the project has been approved by the Rhode Island department of education. Sections 1 through 3 and sections 18; and of the act shall take effect upon passage. Sections 4 through 17 of the act shall take effect upon the approval of the act by a majority of city electors voting on the question at the election prescribed by section 18 of the act.