(a)  After the hearing, the city or town council may approve the petition by ordinance or resolution which will contain a finding to the effect that:

(1)  The petition has been submitted by persons who own real property located within the proposed district, and in any proposed subdistrict, constituting in the aggregate sixty percent (60%) of the aggregate assessed valuation of all real property not exempt from taxation by law; and

(2)  A majority of the area of the land located within the proposed district is devoted to commercial and retail uses.

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Terms Used In Rhode Island General Laws 45-59-7

  • District management authority: means a district management authority established pursuant to the provisions of this chapter. See Rhode Island General Laws 45-59-3
  • Management district: means a management district established pursuant to the provisions of this chapter and, as the context may require, includes any subdistrict within the management district. See Rhode Island General Laws 45-59-3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means land and buildings or structures located on the land but does not include lines, mains, poles, easements and rights-of-way owned by public utilities. See Rhode Island General Laws 45-59-3
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  For purposes of the finding required by subdivision (a)(1) of this section, the city or town council may conclusively rely on the records of the city or town assessors to determine the ownership of real property located within the proposed district (barring actual notice to the contrary).

(c)  Upon the approval of the petition by the city or town council, a management district and a district management authority will thereby be created. The city or town council may approve or disapprove the petition; it will have no authority to create a management district or district management authority which differs from that sought by the petition.

History of Section.
P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.