(a)(1)  In order to benefit the people of the municipality and to provide for their general health and welfare and to maintain the high standards of municipal public facilities and public equipment, the authority is authorized and empowered to acquire and construct public facilities and to acquire public equipment; and to maintain, renovate, repair, and operate the public facilities and equipment; and to issue revenue bonds of the authority, payable from the revenues derived from leasing of these projects, to finance the projects. Development of these projects may be initiated by the authority only upon request of the chief executive officer, if any, and the city or town council. Any request by the chief executive officer and the council to initiate a project pursuant to this chapter shall take the form of a proposal by the chief executive officer approved by the council. If there is no chief executive officer, development of these projects may be initiated by the authority only upon the request of the city or town council. Any request by the city or town council to initiate a project pursuant to this chapter shall take the form of a resolution. The chief executive officer, if any, or a member of the council designated by the council, if there is no chief executive officer, is authorized to enter into a contract of lease for and on behalf of the city or town with the authority for the leasing of the initiated projects upon terms and conditions agreed to by the chief executive officer, if any, or the council, if there is no chief executive officer, and the authority.

(2)  Notwithstanding any other provision of this chapter, express school committee approval continues to be required of any project relating to the management and control of public school property, including, but not limited to, the initiation of a public school project, school site selection.

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Terms Used In Rhode Island General Laws 45-50-10

  • authority: means any municipal public buildings authority created pursuant to this chapter, or, if the authority is abolished, the board, body, or commission succeeding to the principal functions or upon whom the powers of the authority given by this chapter are given by law. See Rhode Island General Laws 45-50-9
  • bonds: means and includes the notes, bonds, and other evidences of indebtedness or obligations which the authority is authorized to issue pursuant to this chapter. See Rhode Island General Laws 45-50-9
  • construction: means and includes acquisitions, construction repair, rehabilitation, development, and installation, and the term "to construct" means and includes to acquire, to construct, to repair, to rehabilitate, to develop and to install, all in a manner as may be deemed desirable. See Rhode Island General Laws 45-50-9
  • Contract: A legal written agreement that becomes binding when signed.
  • issue: except as otherwise provided in any series resolution, means or refers to all bonds issued as part of a series and all additional bonds with respect to bonds of series. See Rhode Island General Laws 45-50-9
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • municipality: means and includes any city or town within the state. See Rhode Island General Laws 45-50-9
  • Personal property: All property that is not real property.
  • project: means any public facility or public equipment which the authority is authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the provisions of this chapter, to provide for the conduct of the executive, legislative, and judicial functions of government, and its various branches, departments, and agencies. See Rhode Island General Laws 45-50-9
  • public equipment: means and includes all tangible personal property, new or used, including, without limiting the generality of the foregoing, all machinery, equipment, transportation equipment, maintenance equipment, construction equipment, sanitation equipment, police, fire and public safety equipment, and all other things and rights usually included within that term, including any and all interests in property which are less than full title, such as leasehold interests, security interests, and every other interest or right, legal or equitable. See Rhode Island General Laws 45-50-9
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means and includes the state of Rhode Island, and any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality thereof. See Rhode Island General Laws 45-50-9
  • 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)  Without limiting the generality of the preceding, the authority is expressly empowered to lease or sell a project or any part of it to the municipality. Any lease by the authority to the municipality may be for a period, upon terms and conditions, with or without an option to purchase, that the authority may determine.

(c)  The provisions of any charter, other laws or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality, restricting or regulating in any manner the power of any municipality to lease (as lessee or lessor) or sell property, real, personal, or mixed, shall not apply to leases and sales made with the authority pursuant to this chapter.

(d)  Any municipality, notwithstanding any contrary provision of any charter, other laws or ordinances, general, special or local, or of any rule or regulations of the state or any municipality, is authorized and empowered to lease, lend, pledge, grant, or convey to the authority, at its request, upon terms and conditions that the chief executive officer, if any, or where no chief executive officer exists, the city or town council of the municipality, may deem reasonable and fair and without the necessity for any advertisement, order of court, or other action or formality, any real property or personal property which may be necessary or convenient to effectuation of the authorized purpose of the authority, including public roads and other real property already devoted to public use; and, subject to what has been stated, the municipality consents to the use of all lands owned by the municipality which are deemed by the authority to be necessary for the construction or operation of any project.

(e)  The authority is authorized and empowered to contract for the acquisition of any of its projects or portions of them by the federal government; and to contract with any state, federal, or municipal agencies for the performance of any services essential or convenient to its purposes under this chapter.

History of Section.
P.L. 1987, ch. 475, § 1; P.L. 1989, ch. 466, § 1; P.L. 1991, ch. 354, § 9.