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Date Posted:  August 11, 2017

           

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

August 15, 2017

7:00 P.M.

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00 P.M. Council May Call An Executive Session, Room 101

7:30 P.M. Open Session

 

I.                   EXECUTIVE SESSION

The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).

 

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A.    New Claims

1.      Nicholas A. Andreozzi

2.      David R. Dextradeur

3.      Donald Marshall

4.      Thomas C. Riley

 

B.     Sewer Charge Abatements

1.      Steven Checrallah

2.      Evaristo & Sharon DeMelo

3.      Four Rivers, LLC

4.      Joseph Goncalo

5.      Claudia Pierce

6.      Beverly Taylor

 

C.    Collective Bargaining

School Committee Request for Approval of Final Tentative Agreement between EP Education Association and EP School Committee

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

 

IV.             SALUTE TO THE FLAG

 

V.                TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion.  There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

 

A.    Letters

1.      CRMC Semimonthly Meeting for July 25, 2017.

2.      Barrington Town Council Resolutions in support of;  the fiscal year ending June 30, 2018 State Budget, in opposition to H5601A and S0896 an act relating to towns and cities-optional retirement for members of police and firefighters, in opposition to H5593 and S0285 an act relating to labor and labor relations – arbitration – continuance of contractual provisions.

 

B.     Cancellations/Abatements

 

Year

Amount

2016

$185.11

2017

$19,966.49

 

 

Total

$20,151.60

 

C.    Council Journals

 

1. Council Journal Regular Meeting July 26, 2017

2. Council Journal Executive Session June 20, 2017

 

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VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    Citation for Richard Ferreira (by Mayor Briden)

 

B.     Citations for Riverside Little League 2017 RI District 2 All Stars Major Baseball Champions and RI District 2 All Stars “Ron Silva” Minor Baseball Champions (by Councilman Faria)

 

VII.          PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.  Each speaker will be limited to three (3) minutes.  The order of speakers will be on a first come, first serve basis and the maximum time for public comment shall be limited to thirty (30) minutes per meeting.

 

VIII.       COUNCIL MEMBERS

 

A.    Establishing the date of November 7th, 2017 for a Special Election on the proposed City Charter Amendments, and any other issues approved for the ballot by the East Providence City Council (by Mayor Briden)

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B.     Four Year Terms and 2012 Election  (by Councilman Faria)

 

C.     Traffic Islands Along Willett Avenue (by Councilman Faria)

 

D.    Discussion About Water Policy (by Councilwoman Sousa)

 

E.     State Street Mitigated Species Project Clean-up(by Councilwoman Sousa)

 

IX.             APPOINTMENTS

 

A.    Veterans Advisory Commission (by Councilman Botelho)

Tracy Capobianco, 104 Merritt (02914)

 

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B.     Traffic Control (by Councilman Botelho)

Vincent Palumbo, 123 Rice Avenue (02914)

 

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X.                PUBLIC HEARING

 

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”

 

SECTION I.  Sec. 19-490 entitled “Historic district commission” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

(a)  The commission shall consist of seven members who are residents of the city. Three members shall be members of the city historic properties designation and study commission, five of which shall be appointed by the city council with one at the recommendation of each council member, the remaining two shall be appointed by the mayor, provided that the initial members serve staggered terms. Four members shall be appointed by the city council and Members should have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The city council shall have the right to name a council member as an auxiliary member of the commission, appointed by the city council, to sit as an active, non-voting eighth member of the commission.

(b)  Appointed members shall serve a period of three years and be eligible for reappointment.  If a vacancy occurs on the commission, interim appointments of appointed members shall be made by the city council original appointing authority to complete the unexpired term of such position.

(c)  The commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.

 

SECTION II.  Sec. 19-495 entitled “Coordinated review process” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

Sec. 19-495. Coordinated review process Functions of designation and study transferred.

(a)  The purpose of a coordinated review between the city historic properties designation and study commission and the historic district commission shall be to minimize the potential for conflicting opinions on matters related to historic preservation. The historic district commission may request from the city historic properties designation and study commission:

(1)  Written reports recommending structures, places, areas, and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council as historic districts; and

(2)  Requests from the state historical preservation and heritage commission regarding the nomination of historic landmarks to the national register.

The historic properties designation and study commission shall be disbanded and dissolved and the functions, duties and authorities of that commission shall be subsumed into the historic district commission. The historic district commission will have the following added responsibilities.

(a)       Conduct a survey of neighborhoods, areas, places, and structures within the city for the purpose of determining those of a particular historic, aesthetic, architectural, archeological, or cultural significance or value and of compiling appropriate descriptions, facts and lists. As part of such survey the commission shall study and make report, in conjunction with and under the direction of the director of survey of the state historic preservation and heritage commission, of the exteriors of buildings, structures, features, sites, objects, and surroundings in the city. All survey and inventory work shall be conducted in accordance with the United States Secretary of the Interior's Standards and Guidelines; Archaeology and Historic Preservation, and shall be done to the satisfaction of the state historic preservation commission. The results of such survey shall be recorded on the historic building data sheet and shall be transmitted to the state historic preservation and heritage commission, along with copies of survey files and maps, and photographic negatives of all inventoried properties within 60 days of the completion of a survey project. In addition, all survey and inventory files shall be made available to the public upon request.

 

(b)      After careful study the commission shall make a written report to the city council which will recommend those structures, places, areas and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council respectively as historic landmarks, historic sites.

 

(c)       Compile and maintain a list of designated historic landmarks.

 

(d)      Participate with and respond to the requests of the state historic preservation and heritage commission in the nomination of historic landmarks to the National Register.

 

(e)       The commission shall, as deemed appropriate or at the request of the mayor or city council, conduct a study of the need for the preservation of historic landmarks in the city. Based upon this study, the commission shall make a written report to the city council with recommendations regarding the preservation of historic landmarks. Any such recommendation including, but not limited to, the establishment of a historic zoning district, shall be consistent with any applicable laws of the state, the state historical preservation commission's certified local government program regulations and any applicable federal laws and regulations regarding historic preservation.

SECTION III.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Faria

 

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XI.             PUBLIC HEARING - ORDINANCES FINAL PASSAGE

 

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”

SECTION I.  Subsection (b) of Sec. 11-235 entitled “Requirements for service retirement” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

(b)  Any member shall be subject to compulsory retirement upon attainment of age 60 62.

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilwoman Sousa

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B.     AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

 

SECTION I.  Sec. 8-33 entitled “Sale, possession and use of explosives” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

 

Sec. 8-33. Sale, possession and use of explosives. Bond required for blasting.

 

Whenever a license or permit is granted to any person from the state fire marshal to conduct sell, possess or use explosives blasting operations in the city, the fees for such license or permit are hereby fixed as follows: the city building inspector or his/her designee may require a bond be given, with a surety company as surety, running to the city in such amount as the building inspector and director of public works deem necessary to indemnify and hold harmless the City and such companies for any and all damages that may occur as a result of the blasting or excavating. Such bond shall not exceed $10,000, and shall in no way limit the liability of such person for any damages caused.

(1)  Dealer, annually ..... $50.00

(2)  Possessor, annually ..... 25.00

(3)  Blasting, per location ..... 50.00

 

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

 

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C.    AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

 

SECTION I.  Sec. 8-142 of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended by adding thereto the following:

 

            (c)  All hawkers/peddlers are required to submit with their application a list of up to ten (10) locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved.  If the hawker/peddler wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).

 

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Botelho

 

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XII.          LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Vict/Over 50

Kailyn Zoe, Inc. DBA Our Place II, 664 Bullocks Point Avenue (02915), Chao Fan Huang, 40 Pera Street, Warwick (02886)

 

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B.     Peddler – Ice Cream

Gary W. Frazier DBA New England Frozen Lemonade, 280 Douglas Avenue (02908), Gary W. Frazier, 355 Brown Street (02914)

 

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XIII.       NEW BUSINESS

 

A.    City Managers Report  (by City Manager Timothy

Chapman)

 

1.      School Committee Request for Approval of Final Tentative Agreement between EP Education Association and EP School Committee

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2.      Road Plan and Bond

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B.     Reports of Other City Officials

 

1. Claims Committee Report  (by City Solicitor Gregory Dias)

 

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C.    Report of School Committee Liaison

D.    Resolutions

 

1. RESOLUTION CALLING FOR AN IMMEDIATE MORETORIUM ON ALL WATER UTILITY SHUT OFFS

 

WHEREAS, current policy allows for City administration to order shut off notices for all City residents who are unable or unwilling to pay their water utility bill; and

 

WHEREAS, current policy does not permit sufficient hardship allowances, repayment plans or sustainable timeframes; and

 

WHEREAS, to this end, an ordinance shall be considered by Council allowing for these special circumstances and altering City policy as such; and

 

WHEREAS, until said ordinance can be considered by Council a temporary moratorium will exist on any pending water shut-offs, future water shut-offs and retroactively any previous water shut-offs that would have met the criteria approved by Council should the ordinance pass.

 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the above-referenced moratorium effective immediately and until such time as the Council can deliberate a change in policy by ordinance.

 

Requested by:  Councilman Faria

 

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2.   RESOLUTION IN SUPPORT OF H6204 ENTITLED AN ACT RELATING TO HIGHWAYS - MAINTENANCE OF TOWN HIGHWAYS

 

WHEREAS, due to work performed by utility companies and contractors, City of East Providence local roadways are continuously being dug up and left in either a state of disrepair for significant periods of time or repaired in a substandard, unworkmanship like manner leaving the City to contend with damaged roadways; and

WHEREAS, the poor road conditions left behind adversely impact the public and residents, create hazardous driving conditions, and increase the risks of accidents and damage to personal property; and

WHEREAS, the situation has generated numerous concerns and complaints from local residents who turn to the City to repair the situation left by utility companies and contractors on the roadways imposing an unnecessary and unplanned economic burden on local municipalities; and

WHEREAS, utility companies and contractors should be required to perform permanent pavement restoration in accordance with City specifications; and

WHEREAS, any altered roadway must be restored to the same or better condition that existed prior to the alteration immediately after the completion of the alteration including interim measures as needed on an on-going basis.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence urges the Rhode Island General Assembly to support H6204 and hereby requests that the City Clerk send a copy of this Resolution to Senators and Representatives of the City of East Providence legislative delegation, the House of Representatives, the Rhode Island Senate, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Governor of the State of Rhode Island.

Requested by:  Councilman Botelho

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3.      RESOLUTION ESTABLISHING A PROCEDURE FOR POTHOLE DAMAGE CLAIMS

 

WHEREAS, Rhode Island General Law §24-5-13 establishes the liability of cities and towns for damage to motor vehicles by reason of a pothole; and

 

WHEREAS, in accordance with Rhode Island law, the City of East Providence is establishing a procedure for pothole damage claims for the sake of notice, clarity, and uniformity as follows:

 

It is hereby ordered, in accordance with Rhode Island General Law §24-5-13, that any party wishing to make a claim against the City for damage to a motor vehicle registered in the state of Rhode Island by reason of a pothole on a municipal roadway must, within seven (7) days of the incident, file a claim with the City Clerk containing the following information:

 

1.                  Name, address and telephone number of complainant

2.                  Copy of current Rhode Island vehicle registration

3.                  Date and time of the incident

4.                  Detailed description of the damage

5.                  Exact location of the pothole

6.                  Reason why the City should have had notice of the pothole

7.                  Cost of repair (copy of itemized, paid receipts with proof of payment)

 

Any claim for damages to a vehicle made more than seven (7) days after the incident or occurring on a non-municipal road, or lacking proof that the City should have had reasonable notice of the pothole shall be denied.  Under no circumstances will the City award any claim more than three hundred dollars ($300.00).

 

Claims will not be processed until all information is received.  If the information is not received within the time specified, the claim will automatically be denied.

 

In no instance shall any claim for damage so caused to a motor vehicle registered in a state outside of Rhode Island be considered unless that state has a similar statute affording similar protection to persons owning motor vehicles registered in this state.

 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the above-referenced procedure for pothole damage claims.

 

Requested by:  Councilman Botelho

 

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4.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and

 

WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends Article III. Mayor, Section 2 Qualifications

Presently the Charter requires all candidates for mayor to be a legal resident of the City for at least four (4) years.

Shall the Charter be amended to reduce the mayoral residency qualification to two (2) years?

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

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5.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and

 

WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends Article V. Budget, Section 14, Cap on maximum tax rate increase.

Presently the Charter language regarding tax rate increase does not correspond with state law and therefore is ambiguous.

Shall the Charter be amended to correspond with state law and correct the tax cap ambiguity?

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

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6.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and

 

WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends:

Article II. City Council,

Section 3, Compensation

Section 4, Presiding officer; president; vice president; compensation

Section 6, Vacancies

Section 7, Meetings generally, special meetings.

Section 9, Powers

Section 11, Creation of new departments or offices; change of duties.

                        Article III. Mayor

                                    Section 3, Compensation

                                    Section 5, Powers and Duties

                                    Section 6, Passage of Ordinance over Veto

                                    Section 7, Temporary Absence

                                    Section 8, Vacancy

                                    Section 9, Vacancy

                                    Section 13, Departmental Divisions

                        Article IV. Department of Finance

Section 1, Finance department created; head of department designated; organization.

                        Article VI. Department of Public Works

Section 1, Public Works Department; organization; appointment of director of public works.

                        Article VII. Department of Police

                                    Section 1, Police Department; Organization; appointment of police chief.

                        Article VIII. Department of Fire

                                    Section 1, Fire Department; organization; appointment of fire chief.

                        Article IX. Personnel

 

Presently certain areas of the Charter are designed for the previous city manager form of government and conflict with the newly created strong Mayor form of government.

Shall the Charter be amended to conform to the strong Mayor form of government, including:

·         Requiring the compensation for Mayor and Council to be set by Ordinance.

·         Establishing that the Mayor, City Council, and School Committee each be inaugurated on the first Tuesday after the first Monday in January following a general election.

·         Granting limited subpoena powers to the City Council and Mayor to investigate legitimate public concerns.

·         Transferring the power to manage departments from the City Council to the Mayor.

·         Giving the Mayor the power to remove new department heads.

·         Clarifying veto procedure.

·         Clarifying the process to replace the Mayor or a city councilor when he or she cannot fulfill the duties of the office.

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends:

Article II. City Council,

Section 12, Probate Court

Section 16, City Clerk

Section 20, Sinking Fund Board

                        Article IV. Department of Finance

                                    Section 4, Director of finance, powers and duties

                                    Section 8, Accounting Supervision and control

                                    Section 11, Division of the treasury

                                    Section 14, Division of Assessment

                                    Section 15, Division of purchases

                                    Section 17, Accounting control of purchases

                        Aricle VII. Department of Police

                                    Section 2, Police chief, qualifications

                        Article VIII. Department of Fire

                                    Section 2, Fire Chief, qualifications

                        Article IX. Personnel

Section 1, Appointment and removal of subordinate officer and employees.

                        Article X. Public Schools

                                    Section 3, School Committee; powers and duties.

                        Article XII. Wards

                                    Section 2, Ward 1

                                    Section 3, Ward 2

                                    Section 4, Ward 3

                                    Section 5, Ward 4

 

Presently certain areas of the Charter are outdated and now conflict with state law and or conflict with current practice.

Shall the Charter be amended to update provisions and conform to state law as well as current practice, including:

·         Updating the description and record keeping practice of the Probate Court and the Municipal Court

·         Eliminates the requirement for the defunct Sinking Fund Board

·         Eliminates the requirement for defunct finance department positions and practices

·         Codifying the requirement that the police chief must have five (5) years of experience above the rank of sergeant.

·         Codifying the requirement that the fire chief must have (5) five years of experience at the rank of captain or above.

·         Codifying state and federal requirements regarding harassment and discrimination.

·         Codifies state law requirements regarding the process and procedure for the appointment or removal of all school employees.

·         Removes defunct ward descriptions.

·         Update the definition of miscellaneous revenues

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends:

Article II. City Council,

Section 13, Canvassing Authority

Section 18, Planning Board

Section 19, Zoning Board

                        Article IV. Department of Finance

                                    Section 14, Board of Assessment Review

                        Article IX. Personnel

Section 1, Appointment and removal of subordinate officer and employees.

                        Article X. Public Schools

                                    Section 3, School Committee; powers and duties.

                        Article XIV. Courts

                                    Section 1, Probate Court

                                    Section 2, Municipal Court

                        Shall the Charter be amended as follows:

·         Shall members of the Canvassing Authority, Planning Board, Zoning Board, Board of assessment review, and Personnel Hearing Board be nominated by the Mayor and approved by the Council?

·         Shall the Planning Board, Zoning Board, Board of assessment review, and Personnel Hearing Board have at least one member from each city Ward?

·         Shall the Planning Board convert its two (2) alternate members to full members, creating a seven (7) member board without alternates?

·         Shall the Personnel hearing board and the Board of assessment review increase from three (3) members to five (5) members?

·         Shall members of the Board of Assessment review have staggered terms such that a maximum of one appointment shall occur each year?

·         Shall the Mayor, subject to council approval, appoint Municipal Court and Probate Court judges?

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends:

Article III. Mayor,

Section 1, Election, Term of Office

Shall the Charter be amended to increase the Mayors term of office from two (2) years to four (4) years?

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends:

Article IV. Department of Finance

            Section 16, Competitive Bidding

            Section 24, Sale of notes; report of sale

            Section 33, Public sale of bonds

Shall the Charter be amended to:

·         Require the Council to set purchasing policies by ordinance?

·         Require the Council to set public sale of bonds notice requirements by ordinance?

·         Require the Council to approve contracts over fifty thousand dollars ($50,000)?

·         Remove the requirement that all notes issued may be sold at not less than par?

 

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Creates:

Article XI. Election Procedure

            Section 25, Recall

Shall the Mayor, Council members, and School Committee members be subject to recall?

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

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7.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and

 

WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends Article 3. Mayor, Section 3-3, Compensation.

Shall the Charter be amended require the City Council to determine the Mayor’s compensation by ordinance?

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

8.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council desires to amend the City Charter as follows:

 

 

ARTICLE III.  MAYOR

 

[ . . . ]

3-2       Qualifications

            The Mayor shall be a legal resident of the City for at least four (4) two (2) years next preceding his/her his or her election and a qualified elector of the city.

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

9.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council desires to amend the City Charter as follows:

 

Sec. 5-14. Cap on maximum tax rate increase.

(a)    Beginning in fiscal year 2012, the city may not increase its property tax rate by more than three and one-half percent over the prior year's tax rate. In all years when a revaluation is not being implemented, a tax rate is deemed to be 103.5 percent or less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than 103.5 percent of the prior year's tax on the same parcel of real property. In any year when a revaluation is being implemented, the tax rate is deemed to be 103.5 percent of the prior year's tax rate upon certification by the department of finance for the city.

(b)   The property tax rate increase may exceed the three and one-half percent increase only upon approval by a supermajority of four of the city council.

(c)    The tax rate may exceed the percentage increase as specified in subsection (a) of this section if one of the following occurs:

(1)    The city forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the director of finance.

(2)    The city experiences or anticipates an emergency situation, which causes or will cause the tax rate to exceed this percentage increase specified in subsection (a). Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the city experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than three times the percentage increase as specified in subsection (a) of this section.

(3)    The city forecasts or experiences debt services expenditures which exceed the prior year's debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) of this section and which are the result of bonded debt issued in a manner consistent with general law or a special act.

(4)    The city experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the director of finance.

 

a)      The State of Rhode Island, by and through its general assembly, has set forth laws controlling the process and procedures for municipal taxation. All property taxation processes and procedures are therefore defined and set forth by the general assembly and preempt any provision herein. The property taxation provisions of this charter only apply to the extent that they do not conflict with the laws as enacted and as may be amended by the general assembly.

b)      The City of East Providence may levy a tax in an amount not more than three and one half percent (3.5%) in excess of the total amount levied and certified for the previous fiscal year.

c)      The amount levied by the City may exceed the increase specified herein only if the city or town qualifies under one or more of the provisions outlined in Rhode Island General Laws Title 44 Taxation, Chapter 5 Levy and Assessment of Local Taxes Subsection 2(d) entitle “Maximum levy”, as may be amended from time to time.

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

10.   RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and

 

WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends Article V. Budget, Section 15, Budget Reserve Fund.

Shall the Charter be amended to require the city budget to include an appropriation equal to one point seven five percent (1.75%) of the city’s general fund operating budget dedicated solely for capital projects?

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

11. RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council desires to amend the City Charter as follows:

 

 

Sec. 3-3. Compensation

            The Mayor shall receive an such annual salary compensation   of _____ [Fill in] or such other salary that may be prescribed as determined by ordinance; provided that the salary compensation of the Mayor shall not be changed after the filing of nomination papers for the office or during the term of office for which the Mayor was elected.

 

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

12. RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

WHEREAS, from time to time unintentional typographical, grammatical, spelling, and or other scrivener’s errors are discovered within the City Charter:

WHEREAS, the City Council desires to allow corrections of scrivener’s errors the City Charter as follows:

Whenever the City Solicitor’s office discovers any such typographical, grammatical, spelling, and or other scrivener’s errors the Solicitor’s office shall send a written memorandum to the City Council highlighting the error, proposing a correction to the error, and an affirmative declaration that the correction shall have no substantive impact on the Charter.

Upon receipt of the Solicitor’s office the Council may, upon a finding that the error exists and that the correction has no substantive impact on the Charter, adopt a resolution enforcing the proposed correction and the Charter shall be amended accordingly.

NOW, THEREFORE, BE IT RESOLVED that the City Charter may so be amended and as to correct scrivener errors without requiring placement on a ballot or city referendum.

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

13. RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council desires to amend the City Charter as follows:

 

ARTICLE II. CITY COUNCIL

[ . . .]

Sec. 2-3. Salary Compensation.

Sec. 2-4. Presiding officer; mayor president; assistant mayor vice president; salary compensation.

[ . . .]

Sec. 2-14. Probate court.

[ . . . ]

Sec. 2-17. Sinking fund board

[ . . . ]

 

Sec. 2-4. Presiding officer; mayor president; assistant mayor vice president; salary compensation.

The council shall elect an officer of the city who shall have the title of mayor president, and shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have not regular administrative duties. The council shall also elect an assistant mayor a vice president who shall act as mayor president during the absence or disability of the mayor president and if a vacancy occurs shall become mayor president for the completion of the unexpired term. Both the mayor president and the assistant mayor vice president shall be elected from among the councilmen council members. The mayor president shall receive two hundred fifty ($250) one thousand ($1,000.00) dollars such additional compensation annually, as determined by ordinance in addition to his or her salary compensation as councilman a council member until changed by ordinance, but the amount shall not be increased during the current term of councilmen council members enacting such ordinance. The assistant mayor vice president while performing the duties of the mayor president in the absence or disability of the mayor president shall receive such compensation as the council may  determined by ordinance prescribe not to exceed the amount allowed to the mayor president for such services.

[ . . . ]

 

Sec. 2-6. Vacancies.

Any vacancy in the council shall be filled for the unexpired term by vote of the electors of the city or ward. Such vacancy shall be filled at the next regular or special election to be held in the city, or the council may call a special election for the purpose of filling the vacancy. If a vacancy in the council shall occur more than nine (9) months prior to the date for the holding of an election, the council City Clerk shall call a special election for the purpose of filling such vacancy within thirty (30) days after the vacancy occurs.

Sec. 2-7. Meetings generally; special meetings.

The first meeting of a newly elected council shall be held at noon on the first Monday of the month immediately following the regular on the first Tuesday after the first Monday in December January following a City general election.

[ . . . ]

 

Sec. 2-9 Powers.

[ . . . ]

(7) Inquire into the conduct of any office, department or agency of the city and make investigation as to municipal affairs and, for such purposes, the council may subpoena witnesses and require the production of records if a super majority of at least three (3) council members passes a resolution which shall state, with sufficient particularity, the legitimate public purpose for the issuance of any such subpoena and the scope of said subpoena.

[ . . . ]

Sec. 2-11. Creation of new departments or offices; change of duties.

The council by ordinance may create, change, and abolish offices, departments or agencies, other than those established by this Charter.

The council by ordinance may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.

Sec. 2-12. Probate court.

(1)   The powers and duties of a probate court for the city shall be exercised and performed by a judge of probate.

(2)   The judge of probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state. A preference in hiring shall be given to those residents of the city who apply for this position.

(3)   The council by resolution shall appoint a judge of probate to serve for a term of office concurrent with that of the council and until his or her successor is appointed and qualified.

(4)   In the absence, disability or disqualification of the judge of probate so that he or she is unable to perform his or her duties, the city solicitor shall serve as acting judge of probate and when so serving shall have and exercise all the powers and duties of the judge of probate.

 

Sec. 2-13. Canvassing authority.

There shall be a bipartisan canvassing authority elected whose members shall be appointed by the city council and nominated by the Mayor as provided by the constitution and laws of the state.

 

[ . . . ]

Sec. 2-16. City clerk.

[ . . .]

(2) [ . . . ]

(C)   All records of the probate and municipal courts;

[ . . .]

 

Sec. 2-18. Planning board.

The council shall provide by ordinance for the appointment of a planning board whose members shall be qualified electors of the city. The planning board shall consist of seven (7) members to be appointed by the Mayor, subject to council approval, at least one (1) member to be a resident of each ward in the city. The planning board shall serve in an advisory capacity to the several officers, departments and agencies of the city and shall make studies of the resources and needs of the city with reference to its growth and development.

 

Sec. 2-19. Zoning board.

The council shall provide by ordinance for the appointment of a zoning board whose members shall be qualified electors of the city, and an advisor to the board who shall be a competent building contractor. The zoning board shall consist of five (5) members and two (2) alternates to be appointed by the Mayor, subject to council approval, at least one (1) standing member to be a resident of each ward in the city. Alternates shall not reside in the same ward. The zoning board shall have power to hear and determine appeals from original actions on requests for building permits and to allow exceptions to or variations from the zoning regulations in certain classes of cases or situations as may be provided by ordinance.

Sec. 2-20. Sinking fund board.

The council shall provide by ordinance for a board to supervise the sinking fund until the funded indebtedness of the city not provided for by serial bonds is fully paid.

[ . . . ]

 

ARTICLE III.  MAYOR

 

3-1       Election; Term of Office

            There shall be a Mayor who shall be elected at the City general election for a term of two four years and until his/her his or her successor is elected and qualified. The term of the Mayor shall begin on the first Tuesday after the first Monday in December January following said general election.

 

[ . . . ]

 

 

Sec. 3-3. Compensation

            The Mayor shall receive an such annual salary compensation   of _____ [Fill in] or such other salary that may be prescribed as determined by ordinance; provided that the salary compensation of the Mayor shall not be changed after the filing of nomination papers for the office or during the term of office for which the Mayor was elected.

 

[ . . . ]

 

Sec. 3-5 Powers and Duties.

(1)   (a) The mayor shall appoint all heads of departments except as otherwise provided by this charter. Said department heads shall serve at the pleasure of the mayor. All such appointments constitute unclassified employment positions with indefinite terms subject to removal by the mayor without cause;

(b) Appoint, and when necessary for the good of service, remove all other officers and employees of the City except as otherwise provided by this Charter and except as he/she he or she may authorize the head of a department or office to appoint, promote and remove subordinates in such department or office;

[ . . . ]

3-6       Passage of Ordinances over Veto

No Ordinance shall take effect without the approval of the Mayor unless

(1)   The Mayor shall fail to sign the ordinance or to return it to the Council within ten (10) consecutive days after its passage; or

(2)   The Mayor returns it to the Council within ten (10) consecutive days after its passage with a message of disapproval and veto and the Council upon immediate reconsideration no later than its next regularly scheduled meeting shall approve the ordinance by the affirmative votes of at least four (4) of its members notwithstanding the disapproval and veto of the Mayor.

 

3-7       Temporary Absence

            In the event of the temporary absence of disability of the Mayor, not exceeding ninety (90) days, the President of the Council shall act as Mayor, for the time being until the Mayor shall return to his/her his or her duties or until his/her his or her disability shall cease.  While serving during the temporary absence of the Mayor, the President of the Council shall not make any appointments or removals other than temporary appointments, until he/she he or she shall have served as Acting Mayor for thirty (30) consecutive days and then only with the consent of the City Council. Any removal made must be for cause. While serving as Acting Mayor under the provisions of this section the President of the City Council may not sit on said Council. If the Mayor returns to office during this period the President of the Council shall return to his or her seat and position on the Council.

3-8       Vacancy

            In the event of an absence exceeding ninety (90) days the City Council may declare the office of Mayor vacant.

 

3-9       Vacancy

            In the event of a vacancy of the office of Mayor, if less than six (6) calendar months remains until a regular election and the office of Mayor is declared vacant, the President of the City Council shall act as Mayor.  If the President of the City Council shall resign or be unable to act then the council shall elect as a majority of its members one of its members to serve as Acting Mayor. While serving as Acting Mayor under the provisions of this section the Acting Mayor may not sit on said Council. Any removal made by the Acting Mayor must be for cause. If the time between the occurrence of such vacancy and the next municipal election is six (6) months or more the City Clerk shall call a special election in the manner prescribed by the State Law to fill such vacancy in the office of Mayor. After said election the Acting Mayor shall return to his or her seat and position on the Council unless he or she has been elected Mayor in which case a vacancy on the Council is thereby created to be filled as prescribed in Article 2 Sec. 2-6.

 

[ . . . ]

Sec. 3-613. Departmental divisions.

The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation at the direction of the manager mayor. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the manager mayor among specific divisions thereof, the manager mayor may establish temporary divisions.

(14) Inquire into the conduct of any council member, any office, department or agency of the city, and make investigation as to municipal affairs and, only for such purposes, the mayor may subpoena witnesses and require the production of records by an executive order which shall state, with sufficient particularity, the legitimate public purpose for the issuance of any such subpoena and the scope of said subpoena.

 

ARTICLE IV. DEPARTMENT OF FINANCE    

[ . . . ]

Sec. 4-11. Division of treasury.

[ . . . ]

Sec. 4-13. Division of assessment.

[ . . . ]

Sec. 4-15. Division of purchases.

[ . . . ]

Sec. 4-1. Finance department created; head of department designated; organization.

(1)    There shall be a department of finance, the duties of which shall include the supervision and direction of all matters pertaining to financial operations, and the head of which shall be the director of finance, who shall be, or be appointed by, and subject to the removal by the City Manager mayor. The further organization of the department into divisions or offices shall be made by the council, on recommendation of the city manager mayor.

(2)    The department shall be organized into the following divisions or offices: Control and accounts; treasury, assessment; purchasing. The heads of these divisions shall be respectively designated controller, treasurer, assessor and purchasing agent. They shall be appointed by the director of the department, with the approval of the city manager mayor. Those powers, duties and responsibilities of any division enumerated in this Article IV, shall be assigned to the director of finance to be delegated in accordance with Sec. 3-5 11 of this Charter.

[ . . . ]

Sec. 4-4. Director of finance; powers and duties.

[ . . . ]

 (11) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government;

[ . . . ]

Sec. 4-8. Accounting supervision and control.

The director of finance shall have power and shall be required, acting through the division of control and accounts to:

(1)   Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government;

(2)    Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable;

(3)  Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city solicitor determine the regularity, legality and correctness of such claims, demands or charges;

(4)  Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his or her office.

 

[ . . . ]

Sec. 4-11. Division of treasury.

The division of the treasury shall collect, have custody of, and pay out the funds, such payments being made only upon order of the controller. This division shall prepare and send out bills for taxes and other charges and shall keep such books and records as are necessary for recording of all receipts and expenditures, including borrowing transactions, and of monies deposited in banks.

[ . . . ]

Sec. 4-13. Division of assessment.

The division of assessment shall be responsible for the fixing of an assessed valuation for purposes of taxation on all taxable real estate and personal property and for the preparation of an assessment roll and a tax roll for the city in the manner provided by law and ordinance.

Sec. 4-14. Board of assessment review.

(1)             There shall be a board of assessment review whose members shall be qualified electors of the city.  The board of assessment review which shall consist of three five 5 members appointed by the Mayor, subject to council approval, at least one (1) member to be a resident of each ward in the city. The members first appointed shall serve for terms of two [2], four [4] and six [6] years respectively, and thereafter one member shall be appointed in each second year for a term of six [6] years. Two (2) additional members shall be appointed for terms of office to conclude in the first and second years thereafter in which there are no members whose terms expire respectively. Thereafter one (1) member shall be appointed in each year, with the exception of the year in which no member’s term expires, for a term of six [6] years from the date of expiration of the term for which his or her predecessor was appointed, except that a person appointed to fill a vacancy occurring prior to the expiration of such term shall be appointed for the remainder of the term. Each member of the board shall hold office until his or her successor is appointed and qualified.

[ . . . ]

Sec. 4-15. Division of purchases.

There shall be established in the department of finance a division of purchases, the head of which shall be the city purchasing agent. The purchasing agent, pursuant to rules and regulations established by ordinance, shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The purchasing agent shall also have power and shall be required to:

(1)    Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government;

(2)    Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity and conformance with specifications;

(3)    Have charge of such general storerooms and warehouses as the council may provide by ordinance;

(4)    Transfer to or between offices, departments or agencies, supplies, material and equipment, and, subject to the approval of the council, sell surplus, obsolete, or unused supplies.

Sec. 4-16 Competitive Bidding

[ . . . ]

(2)  All contracts for more than five hundred ($500) dollars an amount to be determined by ordinance shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance. No transaction which is essentially a unit shall be divided for the purpose of evading the intent of this section. The city manager mayor shall have the power to accept or to reject any or all bids, and to readvertise for same; provided, however, that the acceptance of any bid for a contract in excess of one hundred thousand ($100,000) fifty thousand ($50,000.00) dollars shall be subject to the approval of the city council. Alterations in any contract may be made when authorized by the council upon the written recommendation of the city manager mayor.

Sec. 4-17. Accounting control of purchases.

All purchases made and contracts executed by the purchasing agent finance department shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the controller an officer of the city certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued.

[ . . . ]

 

Sec. 4-24. Sale of notes; report of sale.

All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement by the director of finance.

[ . . . ]

 

Sec. 4-33. Public sale of bonds.

All bonds issued under this Charter shall be sold at public sale upon sealed proposals after at least ten (10) days' notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, distributed in Rhode Island, and at least ten (10) days' notice published at least once in a daily newspaper having a general circulation in the city to the general public in at least one other manner as set by ordinance.

 

ARTICLE V. BUDGET

[ . . . ]

Sec. 5-5. Revenues anticipated.

(1)   Anticipated revenues shall be classified as "amount to be raised by property tax," "miscellaneous revenues" and "surplus." Miscellaneous revenues shall be sub-classified by each sources and shall be estimated as hereinafter prescribed.

 (2)    Miscellaneous revenues shall include all anticipated revenues not included within the "amount to be raised by property tax," from the collection of taxes other than the general property tax; including but not limited to the amount of federal aid to be received; state aid to be received; the amount by which the city is expected to benefit from taxes collected by the state; the amounts estimated to be received from services and sales, fines, forfeitures and fees, pension assessments, special assessments and any other special or nonrecurring sources.

[ . . . ]

 

ARTICLE VI. DEPARTMENT OF PUBLIC WORKS

[ . . . ]

Sec. 6-1. Public works department; organization; appointment of director of public works.

There shall be a department of public works, the head of which shall be the director of public works, who shall be, or be appointed by, the city manager mayor, and who shall be subject to removal by the city manager mayor. The further organization of the department into divisions or offices shall be made by the council, on recommendation of the city manager mayor.

 

[ . . . ]

ARTICLE VII. DEPARTMENT OF POLICE

[ . . . ]

Sec. 7-1. Police department; organization; appointment of police chief.

There shall be a department of police, the director of which shall be the chief of police, who shall be appointed by the city manager mayor, and who shall be subject to removal by the city manager mayor. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager mayor. All appointments and promotions shall be made by the city manager mayor as provided in article III, section 35, subsection (1) of this Charter.  

Sec. 7-2. Chief of police; qualifications.

The chief of police shall have adequate knowledge of the organization and administration of a police department and shall have had several years experience in the management and direction of police personnel. , including five (5) years of experience above the rank of sergeant.   

 

[ . . . ]ARTICLE VIII. DEPARTMENT OF FIRE

[ . . . ]

Sec. 8-1. Fire department; organization; appointment of fire chief.

There shall be a department of fire, the director of which shall be the fire chief, who shall be appointed by the city manager mayor, and who shall be subject to removal by the city manager mayor. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager mayor. All appointments and promotions shall be made by the city manager mayor as provided in article III, section 35, subsection (1) of this Charter.

 

Sec. 8-2. Fire chief; qualifications.

The fire chief shall have adequate knowledge of the organization and administration of a permanent fire department and shall have had several yearsexperience in the management and direction of fire department personnel. , including five (5) years of experience at the rank of captain or above.

 

[ . . . ]

 

ARTICLE IX. PERSONNEL

[ . . . ]

Sec. 9-1. Appointment and removal of subordinate officers and employees.

[ . . . ]

(2)   In the event that any person employees, excepting department heads, is suspended, demoted, transferred or discharged, he or she shall be informed in writing of the reasons therefor and he or she may appeal in writing to the city manager mayor, who shall within ten (10) days give the person so suspended, demoted, transferred or discharged the opportunity to be heard, which hearing shall be public at the option of the employee.

(3)   If the former employee is not reinstated to his or her former position by the city manager mayor, such employee may appeal from the decision of the city manager mayor to a hearing board composed of three (3) qualified electors of the city appointed by the city council, and such employee shall have a right of appeal therefrom to a court of competent jurisdiction for a trial de novo in accordance with law. The hearing board shall consist of five (5) members appointed by the Mayor, subject to council approval, at least one (1) member to be a resident of each ward in the city.

(4)   The City of East Providence, in accordance with all applicable state or federal laws as either may be amended from time to time, shall not unlawfully harass or discriminate against any employee or applicant for employment.

 

ARTICLE X. PUBLIC SCHOOLS

[ . . . ]

Sec. 10-1. School committee.

(1)            There shall be a school committee consisting of five (5) members. One (1) member shall be elected from the city at large, and one (1) member shall be elected from each of the four (4) wards of the city at the regular city elections to serve for terms of two (2) years or until a majority of the newly elected school committee have qualified and have taken office.

(2)            Any vacancy in the membership of the school committee shall be filled by the city council until the next regular city election.

(3)            The first meeting of a newly elected school committee shall be held on the first Tuesday after the first Monday in January following a City general election.

[ . . . ]

Sec. 10-3. School committee; powers and duties.

[ . . . ]

(4)            The processes and procedures for appointment and or removal of all school employees shall be made are set forth by the general assembly and preempt any provision herein. The provisions of this section only apply to the extent that they do not conflict with state laws as enacted and as may be amended by the general assembly. by the school committee upon recommendation of the superintendent of schools, except as may be provided otherwise by the laws of the state. Except for the purpose of inquiry, the school committee, as far as is consistent with the laws of the state, shall deal with the administration of the public schools solely through the superintendent of schools.

[ . . . ]

ARTICLE XI. ELECTION PROCEDURE

[ . . . ]

Sec. 11-25. Recall.

Recall is authorized in the case of a mayor, council member, or school committee member who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission or who has committed a willful violation of any provision of the charter as determined by a preponderance of the evidence by the ethics commission or a state court of competent jurisdiction. Recall shall not, however be instituted at any time during the last nine (9) months of an individual's term of office. Such a recall may be instituted by filing with the canvassing authority an application for issuance of a recall petition against said mayor, council member, or school committee member which is signed by duly qualified electors equal to three percent (3%) of the total number of votes cast at the last preceding general election for that office.

The canvassing authority shall within seven (7) days from the date of the filing of such petition examine it and shall from the voters registered determine the sufficiency thereof. If, upon verification by the canvassing authority the application is determined to contain signatures of the required number of electors, the canvassing authority shall, forthwith, issue a recall petition.

 

Within ninety (90) days of said issuance, a written petition demanding the removal of the mayor, or a member of the city council or a member of the school committee shall be filed with the canvassing authority. When removal of the mayor, or a member of the city council at large or a member of the school committee at large is sought said petition shall contain the signatures of duly qualified electors constituting twenty percent (20%) of the total number of votes cast in the last preceding general election for said office provided, however, when recall of the mayor, a council member at large or a school committee member at large is sought no less than twenty percent (20%) of the total signatures required may be from any one ward. When removal of any other member of the city council or school committee member is sought, said petition shall contain the signatures of duly qualified electors constituting twenty percent (20%) of the total number of votes cast in the last preceding general election for said office of the ward from which such member was elected.

 

The signatures to the application and to the recall petition need not all be on one (1) sheet of paper, but each such application and petition must contain an identical statement naming the person to be recalled, the office held by said person, and the grounds for such recall set forth in a statement of one hundred (100) words or less approved by the canvassing authority. Each signatory must set forth his or her signature and printed name as it appears on the voting list, and his or her place of residence. The person witnessing the signatures of each elector on said petition must sign a statement under oath on said sheet attesting that the signatures thereon are genuine and were signed in his or her presence. If the requisite number of signatures are not obtained within said ninety (90) day period, the recall effort shall terminate.

The canvassing authority shall within ten (10) days from the date of the filing of such petition examine it and shall from the voters registered determine the sufficiency thereof and certify the results to the city council forthwith.

 

If the examination shows that the petition contains the requisite number of signatures, the city council shall order and fix, forthwith, a date for holding an election, which date shall not be less than sixty (60) nor more than ninety (90) days from the date that the canvassing authority certified the petition as sufficient.

Each ballot at such election shall have printed thereon the grounds for removing said office holder and the following question: "Shall (name of person) be removed from the office of (name of office)?" Immediately following such question, there shall be printed on the ballot the following two (2) propositions in this order:

"Yes"

"No"

In any such election, if a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office as of certification of the results by the canvassing authority.

At such time the office shall be immediately declared vacant and shall be filled in accordance with the charter of the city. The person so removed shall not be eligible to fill the unexpired portion of the term of office.

The city council may, through ordinance, make other and further regulations for carrying out the provisions of this section not inconsistent herewith.

ARTICLE XII. WARDS

 

[ . . . ]

 

Sec. 12-2. Ward 1.

Ward 1 shall consist of all that part of the city bounded and described as follows:

Beginning at a point of intersection of the East Providence-Pawtucket boundary line; thence easterly along the East Providence-Pawtucket boundary line to the Rhode Island-Massachusetts boundary line; thence southerly and southeasterly along the Rhode Island-Massachusetts boundary line to Taunton Avenue; thence southwesterly along Taunton Avenue to Waterman Avenue; thence northwesterly along Waterman Avenue to James Street; thence northerly along James Street to Central Avenue; thence westerly along Central Avenue to Curtis Street; thence northerly and westerly on Curtis Street and westerly on Curtis Street extended to the Providence-East Providence boundary line; thence northerly on the Providence-East Providence boundary line to the point and place of beginning.

Sec. 12-3. Ward 2.

Ward 2 shall consist of all that part of the city bounded and described as follows:

Beginning at a point of intersection of the East Providence-Providence boundary line; thence easterly on Curtis Street extended and easterly and southerly on Curtis Street to Central Avenue; thence easterly on Central Avenue to James Street; thence southerly on James Street to Waterman Avenue: thence southeasterly on Waterman Avenue to Taunton Avenue; thence northeasterly on Taunton Avenue to the Rhode Island-Massachusetts boundary line: thence southerly along the Rhode Island-Massachusetts boundary line to Warren Avenue; thence westerly on Warren Avenue to Pawtucket Avenue; thence southerly on Pawtucket Avenue to Intervale Avenue; thence westerly on Intervale Avenue to Windhurst Avenue; thence southwesterly on Windhurst Avenue to Brightridge Avenue; thence northwesterly on Brightridge Avenue to Bliss Street; thence westerly on Bliss Street to Chestnut Street; thence southerly on Chestnut Street to Belmont Avenue; thence westerly on Belmont Avenue to South Broadway; thence southerly on South Broadway to Veterans Memorial Parkway; thence northwesterly on Veterans memorial Parkway to its intersection with Watchemoket Cove; thence southwesterly through Watchemoket Cove to the East Providence-Providence boundary line in the Providence River; thence northerly along the Providence-East Providence boundary line to the point and place of beginning.

Sec. 12-4. Ward 3.

Ward 3 shall consist of all that part of the city bounded and described as follows:

Beginning at a point of intersection of the East Providence-Providence boundary line and Watchemoket Cove; thence northeasterly through Watchemoket Cove to its intersection with Veterans Memorial Parkway; thence southeasterly on Veterans Memorial Parkway to South Broadway; thence northerly on South Broadway to Belmont Avenue; thence easterly on Belmont Avenue to Chestnut Street; thence northerly on Chestnut Street to Bliss Street; thence easterly on Bliss Street to Brightridge Avenue; thence southeasterly on Brightridge Avenue to Windhurst Avenue; thence northeasterly on Windhurst Avenue to Intervale Avenue; thence easterly on Intervale Avenue to Pawtucket Avenue; thence northerly on Pawtucket Avenue to Warren Avenue; thence easterly along Warren Avenue to the Rhode Island-Massachusetts boundary line; thence southerly along the Rhode Island-Massachusetts boundary line to River Road; thence westerly on River road to Wampanoag Trail; thence southerly on Wampanoag Trail to Old Barrington Road; thence continuing southerly on Old Barrington Road to Forbes Street; thence westerly and southerly on Forbes Street to Willet Avenue; thence westerly on Willet Avenue to its intersection with the eastern shore of Willet Pond; thence northerly along the eastern shore of Willet Pond to a line extended northerly to the former New York New Haven and Hartford Railroad; thence northerly along that line (boundary line between 2002 US Census Block 440070105024004 and 440070105025004) to the former New York New Haven and Hartford Railroad; thence westerly along the former New York New Haven and Hartford Railroad to Pawtucket Avenue; thence southerly on Pawtucket Avenue to Bullocks Point Avenue; thence southerly on Bullocks Point Avenue to its intersection with the East Bay Bike path; thence southeasterly on the East Bay Bike Path to its intersection with Providence Avenue extended; thence southerly on Providence Avenue extended and Providence Avenue to East Knowlton Street; thence westerly on East Knowlton Street to Knowlton Street; thence westerly on Knowlton Street and Knowlton Street extended to its intersection with the East Providence-Providence boundary line; thence northerly along the Providence-East Providence boundary line to the point and place of beginning.

Sec. 12-5. Ward 4.

Ward 4 shall consist of all that part of the city bounded and described as follows:

Beginning at a point of intersection of the Rhode Island-Massachusetts border and River Road; thence westerly along River Road to Wampanoag Trail; thence southerly on Wampanoag Trail to Old Barrington Road; thence continuing southerly on Old Barrington Road to Forbes Street; thence westerly and southerly on Forbes Street to Willet Avenue; thence westerly on Willet Avenue to its intersection with the eastern shore of Willet Pond; thence northerly along the eastern shore of Willet Pond to a line extended northerly to the former New York New Haven and Hartford Railroad; thence northerly along that line (boundary line between 2002 US Census Block 440070105024004 and 440070105025004) to the New York New Haven and Hartford Railroad; thence westerly along the former New York New Haven and Hartford Railroad to Pawtucket Avenue; thence southerly on Pawtucket Avenue to Bullocks Point Avenue; thence southerly on Bullocks Point Avenue to its intersection with the East Bay Bike Path; thence southeasterly on the East Bay Bike Path to its intersection with Providence Avenue extended; thence southerly on Providence Avenue extended and Providence Avenue to East Knowlton Street; thence westerly on East Knowlton Street to Knowlton Street; thence westerly on Knowlton Street and Knowlton Street extended to its intersection with the East Providence-Providence boundary line; thence southerly along the Providence-East Providence boundary line to its intersection with the East Providence-Barrington boundary line; thence easterly and northeasterly along the East Providence-Barrington boundary line to the Rhode Island-Massachusetts boundary line; thence northwesterly along the Rhode Island-Massachusetts boundary line to the point and place of beginning.

[ . . . ]

 

Article XIV. COURTS

Sec. 14-1 Probate court.

(1)   The powers and duties of a probate court for the city shall be exercised and performed by a judge of probate.

(2)   The judge of probate and an associate judge of probate shall be attorneys-at-law in good standing who have been admitted to the practice of law in this state. A preference in hiring shall be given to those residents of the city who apply for these positions.

(3)   The Mayor, subject to council approval, council by resolution shall appoint a judge of probate and an associate judge of probate each to serve for a term of office concurrent with that of the council and until their respective successors are appointed and qualified.

(4)   In the absence, disability or disqualification of the judge of probate so that he or she is unable to perform his or her duties, the associate judge of probate shall serve as acting judge of probate and when so serving shall have and exercise all the powers and duties of the judge of probate.

Sec. 14-2 Municipal court.

(1)   The powers and duties of a municipal court for the city shall be exercised and performed by a municipal court judge.

(2)   The municipal court judge and an associate municipal court judge shall be attorneys-at-law in good standing who have been admitted to the practice of law in this state. A preference in hiring shall be given to those residents of the city who apply for these positions.

(3)   The Mayor, subject to council approval, shall appoint a municipal court judge and an associate municipal court judge each to serve for a term of office concurrent with that of the council and until their respective successors are appointed and qualified.

(4)   In the absence, disability or disqualification of the municipal court judge so that he or she is unable to perform his or her duties, the associate municipal court judge shall serve as acting municipal court judge and when so serving shall have and exercise all the powers and duties of the municipal court judge.

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

14. RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council desires to amend the City Charter as follows:

 

ARTICLE V. BUDGET

[ . . . ]

Sec. 5-15. [Budget reserve fund.]

 (e)   The city’s annual budget shall include an appropriation equal to one point seven five percent (1.75%) of the city’s general fund operating budget for capital projects. Capital projects shall not include debt reduction, principal or interest payments on debt, or for any other type of financing arrangement, but shall only be used for payment of direct actual expenses incurred for capital projects.

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

15. RESOLUTION ESTABLISHING THE LANGUAGE OF A PROPOSED AMENDMENT TO THE EAST PROVIDENCE CITY CHARTER AS WILL BE VOTED ON AT THE SUBSEQUENT CHARTER REFERENDUM

 

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

 

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendments to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

 

WHEREAS, the City Council approved the language of proposed amendments to the East Providence City Charter on August 15, 2017; and

 

WHEREAS, the City Council desires to place the following question, which summarizes said amendment, on the ballot:

 

Duly adopted by the East Providence City Council on the 15th day of August, 2017

Amends Article V. Budget, Section 3-15, Fund Balance and Budget Act.

Presently the Charter requires a restricted fund balance of ten percent (10%) of anticipated revenues, an ambiguous term.

Shall the Charter be amended to correct ambiguous language, decrease the restricted fund balance to seven percent (7%), and create new savings requirements through a five percent (5%) fund balance and a one point seventy-five percent (1.75%) capital projects fund?

 

NOW, THEREFORE, BE IT RESOLVED that these proposed Charter amendments be summarized on the ballot in the next special election.

 

BE IT FURTHER RESOLVED that the ballot question expressly state that these amendments shall become effective upon passage without further action insofar as the Rhode Island Constitution’s Home Rule Charter provisions allow.

 

Requested By:  The Law Department

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

 

E.     Introduction to Ordinances

 

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”

 

SECTION I.  Division 1 entitled “Generally” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:

 

Sec. 2-35.  Definitions and Application

The general term “board and commissions” shall be construed to mean all boards, commissions, authorities, agencies and committees of the city and any group by any other title that shall function as an independent appointed body of the city. This shall include all bodies whether created by state law, home rule charter, city ordinance, council resolution or executive order and shall include bodies setup in other chapters of the revised ordinances and not limited to Chapter 2 bodies.

SECTION II.  Sec. 2-36 entitled “Meetings of boards, commissions, etc., to be made public” of Division 1 entitled “Generally” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

 

(a)   All local boards, and commissions, authorities, agencies and committees whose members are appointed by the city council, whether created by state law or local ordinances as defined in Section 2-35 shall hold their meetings open to the public in accordance with G.L. 1956, § 42-46-1 et seq., the Open Meetings Act, except that certain boards, commissions, authorities, agencies and committees may be exempted by act of the city council. Except that bodies may meet in executive session in accordance with R.I.G.L. § 42-46-4 and § 42-46-5.

(b)   Upon the conclusion of any public hearing the members of such board, commission, authority, agency or committee shall announce their decision by individually casting their votes at an open public hearing session.

 

(c)    All local boards and commissions shall keep minutes of their meetings and shall consider for passage the minutes of each meeting at the subsequent regular meeting or for bodies that do not maintain a set meeting schedule, at the next meeting called. If a body defers passage of the minutes from their previous meeting, a stated reason must be filed with the city clerk. All meeting minutes shall be signed as submitted by the taker of the minutes upon submission to the body for approval and shall be attested by the clerk of the body or in the absence of a clerk, by the presiding officer upon passage.

 

(d)   All local boards and commissions shall make their minutes available to the public in print either in the City Clerk’s Office or in an associated administrative department. In addition to the physical minutes, all local boards and commissions shall make the minutes of their meetings available through the city website, the city public meetings vendor used for city council minutes, or the Rhode Island Secretary of State’s website no less than fourteen (14) days after passage.

 

SECTION III.  Division 1 entitled “Generally” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:

 

Sec. 2-37.  Rules of Appointment

 

(a)    No person shall serve on more than one (1) board or commission with administrative, policy or judicial authority and one (1) other board that is advisory. Anyone presently serving on more than one (1) board or commission with administrative, policy or judicial authority or one (1) advisory board or commission must choose to resign from all but one board within sixty (60) days of passage of the ordinance, if a member fails to resign they will be deemed removed from all but their most recent board appointment. The limit of service on more than one (1) boards and commission shall not extend to boards and commissions in which the person’s service was at the appointment of another board or commission to which they are to serve as a liaising or ad-hoc member.

SECTION IV.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

2.   AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

 

SECTION I.   Section 17-19 entitled “Same—Amendments” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

Sec. 17-19. Same—Amendments Rates, rules and regulations.

The rates, rules and regulations of the water division of the city adopted and ratified by the city council are hereby amended as follows:

Section 1. (1) Bills rendered monthly, quarterly or semi-annually. Amended to read as follows:

"Water bills are rendered to the owner of the property supplied. Large industrial, manufacturing, and commercial accounts are billed monthly, all others are billed quarterly."

Section 2. (2) Meters. Amended by adding thereto the following:

"Remote reading water meters. All meters installed on new services shall be the remote reading type equipped with outside registers for remote reading from an outside receptacle. The outside receptacle shall be securely attached to the exterior of the house or building and connected to the outside register by a cable. The cost of the entire assembly will be included in the price of the meter. The applicant shall arrange with their contractor to install the outside register and the cable in a location approved by the water division. Actual connections of the cable to the outside register shall be performed by the employees of the water division."

Section 2. (3) Meters. Subsection entitled "meter testing" is amended to read as follows:

"Every water meter is carefully tested before it is first installed, and before it is reset after being removed for repairs or other purposes. Periodic tests for duty of each meter will also be made as often as the water division may deem necessary. Should a property owner at any time question the accuracy of the meter on his service, it may be tested (preferably in his presence) after the division receives the request in writing. A deposit of $25.00 will be required before the meter is disconnected. Should the test show that the meter has been overregistering in excess of 1.52 percent, the deposit will be refunded. If the test is within this limit or registers in favor of the consumer, the deposit will be retained by the division to cover the cost of removal and test."

Section 3. (4) Service pipes (general). Amended by changing the subsection entitled, "Connection charge for service pipes," to read as follows:

"Service pipes are installed by the water division from the distribution main in the street up to and including the curb stop just inside the curbline. In the case of service lines six inches or larger, the installation will terminate just inside the curbline with no curb stop. The charge for this installation will be at the following rates, and must be paid for in advance.

Size of Pipe

Cost of Installation

¾-inch

$1,675.00 (includes meter)

1-inch

$1,770.00 (includes meter)

2-inch

$2,525.00 (includes meter)

6-inch and 8-inch

$3,500.00 plus cost of tapping sleeve and valve (no meter)

 

The above service pipe charge is a connection charge and is made irrespective of the length of service pipe or the location of the main pipe.

Additional costs such as road sawcutting, police detail work and work necessary to comply with state road cut permits will be billed as required by the job."

Section 3. Service pipes (general). Subsection entitled "material for service pipes" is amended to read as follows:

"All service pipes three-fourths inch in diameter to and including two inches in diameter shall be type "K" extra heavy, soft temper, cold drawn, seamless, deoxidized copper tubing, having a minimum ultimate tensile strength of not less than 30,000 pounds per square inch. For service pipes three-fourths inch in diameter to and including two inches, the water division may also allow polyethylene tubing type 3408 high-density polyethylene of 200 psi pressure rating. PE tubing shall be of copper pipe size and shall meet ASTM specifications for D3350.

"Service pipes four inches in diameter and above shall be Class 52 ductile iron pipe, manufactured in accordance with American Water Works Association Specification AWWAC151-65."

Section 5. (5) Financing extensions. Amended to read as follows:

"Whenever any such water main shall be constructed, an assessment shall be made upon all lots abutting upon that portion of the street in which such water main shall be located and at a rate not exceeding $8.00 for each front foot of such lots upon such streets, plus a charge, to the applicant only, for rock excavation, at the rate of $20.00 per cubic yard of rock actually required to be removed to make the extension; and provided also, that the assessment shall apply to the front feet on the street where the water main is first constructed, and the first 80 feet on the side street shall be exempt from assessment, if thereafter, a main shall be constructed on such side street. Rock excavation will be measured, as the main extension progresses, and all ledge and boulders, in excess of one-half cubic yard will be subject to the $20.00 per cubic yard charge. Upon completion of the main extension, the applicant will be notified of such charge for rock excavation and shall pay such charge, in full, before the main extension will be placed in service. In the event that any estate is situated between two streets, where water mains are constructed, the assessment shall apply to the front feet on the street where the water main is first constructed, and 80 percent of the footage on the side street shall be exempt from assessment."

SECTION II.  Subsection (d) of Section 17-36 entitled “Water rates” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

 

(d)  Any amount unpaid on the due date, after a three (3) business day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

 

SECTION III.  Section 17-37 entitled “Water service” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

Sec. 17-37. Water service fees.

Fees for service charges for the following services performed by the water department are hereby fixed as follows:

(1)    Installation of water meter .....$50.00

(2)    Testing water meter under existing regulations or when requested by customer:

a.    1-inch and smaller .....25.00

b.    1.5-inch and larger .....Actual cost

(3)    Turning off or turning on water after working hours at request of customer (non-emergency): Actual labor cost

(4)    Turning on water after customer pays delinquent bill .....25.00

(5)    Shut off charge (for nonpayment) .....50.00  25.00

(6)    Fire protection service sprinkler or private hydrant:

a.    Six-inch pipe serviced to property, annual .....225.00

b.    Eight-inch pipe services to property, annual .....300.00

c.    Two-inch pipe serviced to property, annual .....100.00

d.    Sprinkler system on domestic service .....100.00

(7)    Fire flow test .....100.00

(8)    Final reading and closing statement .....25.00

(9)    Frozen meter: Actual repair cost

(10)  Bacteria sample—New water main disinfection .....40.00

SECTION IV.  Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended by adding thereto the following:

Sec. 17-38.  Payment delinquency and water service shutoff.

The city administration shall be charged with establishing a water service shutoff procedure pursuant to the following conditions;

(1)   The city must allow payment arrangements provided that at-least fifteen percent (15%) of the past due balance is placed as a down payment and that the arrangement extends no longer than one year from the time of agreement.

(2)   That the delinquency must be in excess of five hundred ($500) dollars and must be greater than ninety (90) days.

(3)   That there must be a notice, by certified mail, at-least fifteen (15) days excluding weekends and holidays prior to the scheduled shutoff. Premises will receive a red tag on their door five (5) days or more prior to scheduled shut-off excluding weekends and holidays.

(4)   After a notice of shutoff, the customer shall have the right to enter into a payment arrangement if no attempt had been made previously with the last 24 months and shall have the right to appeal to the City Utilities Commission, upon appeal to the City Utilities Commission, the shutoff shall be stayed until the City Utilities Commission reaches a determination.

(5)   Water utilities shall not be shutoff for any other delinquency than for non-payment for water or wastewater services.

(6)   There shall be a medical hardship exemption, with the presentation of medical documentation establishing a medical hardship on the part of a customer or member of the customer’s household in which the cessation of water service would create a further health hazard. A medical hardship shall allow for water service to continue as long as all current charges after the granting of the hardship are paid and as long as a payment of fifteen ($15) dollars or more is made against the past due balance per month. The determination of a medical hardship shall be made by the Director of Finance or designee. Upon denial of a medical hardship, the customer may appeal to the City Utilities Commission.

(7)   There shall be a financial hardship exemption, a financial hardship exemption shall be defined as a sudden and unexpected drop in household income of thirty three (33%) or more for reasons such as unemployment, disability, death or incapacity of an income generating family member or other similar circumstance. A financial hardship shall allow for water service to continue as long as all current charges after the granting of the hardship are paid and as long as a payment of fifteen ($15) dollars or more is made against the past due balance per month. Financial hardships shall be re-assessed every six (6) months and in the case of unemployment or under employment, a demonstration of good faith to find work may be required. The determination of a medical hardship shall be made by the Director of Finance or designee. Upon denial of a medical hardship, the customer may appeal to the City Utilities Commission.

 

SECTION V.  Secs. 17-51, 17-52, 17-53, 17-55, and 17-56 of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” are amended to read as follows:

Sec. 17-51. Establishment; approval of city manager chief executive.

Whenever the director of public works shall declare that an emergency exists relative to the adequacy of the supply of water for public use and consumption and such declaration of emergency shall be acknowledged and confirmed by the city manager, the director of public works shall be empowered to establish such rules and regulations restricting the use of water as in his judgment the circumstances may require, provided that before such rules and regulations shall be enforced, they must be approved by the city manager chief executive officer of the city.

Sec. 17-52. When lawful and enforceable.

Upon the approval of the rules and regulations established pursuant to section 17-51 by the city manager chief executive officer, they shall become lawful and enforceable as though the city council has enacted such restrictions.

Sec. 17-53. Duration.

The rules and regulations established pursuant to section 17-51 shall continue in force until such time as the director of public works and the city manager chief executive officer declare the existence of the emergency to have been terminated.

Sec. 17-55. Violation of rules and regulations.

Any person who violates any one of the rules or regulations restricting the use of water during emergencies and is convicted by the municipal court of such violation shall be fined.

Sec. 17-56. Enforcement; service of summons upon violation.

The director of public works or his agent shall be the enforcing officer and is hereby authorized to issue summons to be served upon any violator of the rules and regulations established pursuant to section 17-51 requesting such person to appear before the district court of the seventh judicial district municipal court.

 

SECTION VI.  Subsection (b)(1) of Sec. 17-167 entitled “Enforcement response plan” of Article III entitled “Sanitary Sewer System” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” are amended to read as follows:

 

 (b)   In accordance with the enforcement response plan the following sanctions may be imposed for violations of the industrial pretreatment plan:

(1)    Penalties may be imposed of up to $25,000.00 per day per violation for each and every day during which a violation of the ordinance or regulation occurs either through judicial proceedings or administrative procedures established by ordinance or regulation the municipal court;

SECTION VII.  Subsections (e) and (g) (4) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Article III entitled “Sanitary Sewer System” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” are amended to read as follows:

(e)  Any amount unpaid on the due date, after a three (3) business day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

 

(g)  Upon written request of the property owner, an adjustment of an excessive sewer consumption charge may be approved by the claims committee city utilities commission with a review and recommendation by the director of public works, if the request meets all of the following conditions:

(4)  If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:

Total billed consumption, minus normal consumption based on the average of three prior years same period consumption, equals excessive consumption. Excessive consumption divided by two, plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.

SECTION VIII.  Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended by adding thereto the following:

ARTICLE V. CITY UTILITIES COMMISSION

Sec. 17-250. Establishment.

There is hereby established a City Utilities Commission which shall conduct oversight, recommend ordinances and policies regarding the water and sewer utilities in East Providence and hear appeals regarding water and sewer bills.

Sec. 17-251. Composition.

The City Utilities Commission shall be composed of five members, one appointed by each member of the city council, from among their respective electors, with the consent of the full city council. Each commissioner shall serve a term of five (5) years on a rotating basis so that one seat is appointed each year. Notwithstanding the term of five (5) years, the initial commissioners shall serve terms as follows; the commissioner from ward one shall serve one (1) year, the commissioner from ward two shall serve two (2) years, the commissioner from ward three shall serve three (3) years, the commissioner from ward four shall serve four (4) years and the commissioner at-large shall serve five (5) years. The Director of Finance or his or her designee and the Director of Public Works or his or her designee shall serve as ex-officio, non-voting members of the commission.

 

Sec. 17-252. Powers and Duties.

 

The commission shall have the following powers and duties.

 

(1)   Set by-laws for its own operation.

(2)   Hear appeals regarding payment arrangements and water shutoffs.

(3)   Hear appeals on the denial of a medical and financial hardships.

(4)   Grant waivers or reductions in water service fees established in section 17-37 based on financial or medical hardship and to facilitate the payment of outstanding balances.

(5)   Hear appeals on the customer claims and disputes regarding water and wastewater consumption and adjust customer bills accordingly.

(6)   Hear wastewater abatement requests per ordinance

(7)   Commission, with the Department of Public Works. a water and wastewater rate study every five (5) years and make a recommendation to the city council regarding changes in water and wastewater rates, rate structure, fees and billing.

 

SECTION IX.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Faria

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

3.   AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”

 

SECTION I.  Subsections (2), (4), (9), (10) and (16) of Section 10-51 entitled “Prohibited; unnecessary noise standard” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” are amended to read as follows:

 

(2)   Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is voluntarily listening thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 76:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;

 

(4)   Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 76:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity;

 

(9)   Loading, unloading, deliveries, opening boxes. The creation of an unlawful noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within or projects sound into a residential use district between the hours of 67:00 p.m. and 76:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

(10) Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 76:00 a.m. and 67:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may he renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 67:00 p.m. and 76:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 67:00 p.m. and 76:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;

 

(16) Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 76:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;

 

SECTION II.  Subsection (c) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

 

(c)  Classification of use districts: Residential, manufacturing, commercial. It is unlawful to directly or indirectly cause a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another, generated within and/or projected into the boundary of a use district which exceeds either the limiting noise spectra set forth in Table I below, or exceeds the ambient noise level by more than three decibels.

 

SECTION III.  Section 10-53 (after Table I) entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended by adding thereto the following:

 

(5) For the purposes of this section, daytime is defined as 6:00am to 7:00pm.

 

SECTION IV.  Subsection (5) (after Table II) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

 

(5)(6)  If the noise occurs between the hours of 10:00 p.m. and 76:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in Table I.

 

SECTION V.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. 

 

Requested by:  Councilwoman Sousa

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

4.   AN ORDINANCE AUTHORIZING THE CITY OF EAST PROVIDENCE  TO FINANCE THE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND SIDEWALKS IN THE CITY, INCLUDING BUT NOT LIMITED TO, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND LANDSCAPING BY THE ISSUANCE OF NOT  MORE THAN $15,000,000 BONDS AND NOTES THEREFOR

 

WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to undertake the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping (the “Project”) and to finance the Project through the issuance of bonds;

 

            WHEREAS, the estimated maximum cost of the Project is $15,000,000;

 

            WHEREAS, the period of usefulness of the Project, as determined by the City Engineer and as approved by the City Manager, is expected to be approximately fifteen (15) years;

 

            WHEREAS, the net general obligation debt of the City (secured by the full faith and credit and taxing power of the City) as of October 31, 2016 was $28,123,690, and after the issuance of the Bonds is expected to be approximately $43,123,690, and the Bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Rhode Island.

 

NOW THEREFORE, THE CITY COUNCIL OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  In addition to sums heretofore appropriated, the sum of $15,000,000 is appropriated to finance the Project.

 

SECTION II.  Pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the East Providence Home Rule Charter, the Director of Finance and the Mayor are authorized to issue general obligation bonds of the City in an amount not to exceed $15,000,000 (the “Bonds”) in order to meet the foregoing appropriation.

 

SECTION III.  The said officers from time to time may issue and refund not exceeding $15,000,000 interest bearing or discounted Notes in anticipation of the issue of said Bonds.

SECTION IV.  The manner of sale, forms, amount, denominations, maturities, conversion or registration privileges, interest rates, and other conditions and details of the Bonds and Notes authorized herein shall be fixed by the said officers.  To the extent of any inconsistency between Article IV of the Home Rule Charter and Chapter 45-12 of the Rhode Island General Laws, the General Laws shall control.  The City may enter into a financing and/or other arrangements with the Rhode Island Infrastructure Bank, and with respect to such agreements, if any, the City may elect to have the provisions of Title 46, Chapter 12.2 of the Rhode Island General Laws apply to the issuance of Bonds or Notes hereunder.

 

SECTION V.  The City Council hereby authorizes the Director of Finance and the Mayor, acting on behalf of the City, to issue the Bonds and Notes for the purposes set forth herein and to take all actions as they deem necessary to effect the issuance of the Notes and Bonds.  The Bonds and Notes shall be issued by the City under its corporate name and seal or a facsimile of such seal.  The Bonds and Notes shall be signed by the manual or facsimile signature of the Director of Finance and the Mayor.

 


SECTION VI.  The Director of Finance and the Mayor are hereby authorized to issue the Bonds and Notes and deliver them to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, 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 and Notes to become subject to federal income taxes.

 

SECTION VII.  The Bonds and Notes may be issued either alone or consolidated with other issues of notes or bonds of the City.

 

SECTION VIII.  The City’s Director of Finance is authorized to execute and deliver continuing disclosure certificates in connection with the Bonds and Notes issued by the City, in such form as shall be deemed advisable by the City’s Director of Finance.  The City hereby covenants and agrees that it will comply with and carry out all of the provisions of each continuing disclosure certificate, as it may be amended from time to time.  Notwithstanding any other provision of this ordinance or the Bonds or Notes, failure of the City to comply with any 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 ordinance and under any continuing disclosure certificate.

 

SECTION IX.  The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to:  (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing, including, without limitation, a Preliminary Official Statement, a final Official Statement, all in such form and with such provisions as such officer shall deem advisable; (ii) amend, modify or supplement the Bonds or Notes and any and all other 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;  (iii) 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 ordinance in order to effectuate said borrowing and the intent hereof.

 

SECTION X.  This ordinance is an affirmative action of the City Council of the City of East Providence toward the issuance of Bonds and/or Notes in accordance with the purposes of the laws of the State.  This ordinance constitutes the City’s declaration of official intent pursuant to Treasury Regulation Section 1.150-2 to reimburse the City’s General Fund for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this ordinance, but prior to the issuance of the Bonds and/or Notes.  Such amounts to be reimbursed shall not exceed $15,000,000, and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid, or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.


SECTION XI.  No Bonds shall be issued pursuant to the authority of this ordinance until a majority of the electors of the City voting on the question has approved the referendum below.  The question of the approval of the Bonds shall be placed before the qualified electors of the City of East Providence at the special election to be held on November 7, 2017, and shall be submitted in substantially the following form:

"Shall the issuance of up to $40,000,000 general obligation bonds of the City to finance the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping, pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the City’s Home Rule Charter, be approved?"

SECTION XII.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested By:  Councilman Botelho

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

XIV.       ADJOURNMENT

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.

 

Published by ClerkBase
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