Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Notwithstanding the provisions of chapter 44 of the
General Laws to the contrary, the maturities of bonds issued by the town of
Brewster for design, development, construction and equipping of a municipal
golf
course, including a clubhouse and related structures, either shall be arranged
so that for each issue the annual combined payments of principal and interest
payable in each year, commencing with the first year in which a principal
payment is required, shall be as nearly equal as practicable in the opinion of
the town treasurer, or shall be arranged in accordance with a schedule
providing for a more rapid amortization of principal. The first payment of
principal of each issue of bonds shall be not later than one year from the
estimated date of commencement of regular operation of the golf course, as
determined by the town treasurer, and the last payment of principal shall be
not later than 30 years from the date of the bonds. Project costs to be
financed by the issue of the bonds may include interest incurred on the bonds
and any bond anticipation notes for a period of up to two years after the date
of the original borrowing or, if later, one year after the estimated date of
commencement for regular operation of the golf course, as determined by the
town treasurer. The town may create and maintain, from the bond proceeds
or other sources of funds, such reserve, replacement, maintenance and
improvement funds in connection with the golf course as it may deem necessary
and prudent; provided, however, that the aggregate of such funds provided from
bond proceeds for the project shall not exceed 10 per cent of the principal
amount of the bonds issued for the project. Any net earnings derived from the
investment of the proceeds of the bonds may be expended by the town treasurer
to pay interest on the bonds but otherwise shall be used only for construction,
equipping, operation or maintenance of the golf course. Except as otherwise
provided in this act, indebtedness incurred by the town for the golf course
project shall be subject to the applicable provisions of said chapter 44.
SECTION 2.
The town of Brewster shall establish an enterprise fund
for the golf course facility and its operation, which shall be subject to the
provisions of section 53F½ of chapter 44 of the General Laws; provided,
however, that any available surplus in said enterprise fund may be appropriated
by the town for any capital project for which borrowing may be authorized under
section 7 or 8 of said chapter 44.
SECTION 3.
The vote of the town passed under Article No. 1 of the
warrant for the special town meeting held on Monday, September 29, 1997
authorizing bonds for the golf course project is hereby ratified, validated
and confirmed. Proceeds of the bonds issued in accordance with section 1 of
this act may be used to refund any bond anticipation notes previously issued
for the design, environmental permitting and other preliminary expenses
relating to the golf course project.
SECTION 4.
This act shall take effect upon its passage.
Approved November 26, 1997.