2009 Rhode Island Code
Title 45 - Towns and cities
CHAPTER 45-54 - Municipal Detention Facility Corporations
§ 45-54-8 - Acquisition and construction of projects – Lease or sale – Conveyance to corporation – Request for project.

SECTION 45-54-8

   § 45-54-8  Acquisition and construction of projects – Lease or sale – Conveyance to corporation – Request for project. – (a) In order to benefit the people of the municipality and to provide for their general health and welfare through economic development, and to maintain the high standards of a detention facility and public equipment, the corporation is authorized and empowered to acquire and construct a detention facility and to acquire public equipment; and to maintain, renovate, repair, and operate the detention facility and equipment; and to issue revenue bonds of the corporation, payable from the revenues derived from the leasing of these projects, to finance the projects. Development of these projects may be initiated by the corporation 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 corporation 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 corporation for the leasing of any duly initiated projects, upon terms and conditions, that are agreed to by the chief executive officer, if any, or the council, if there is no chief executive officer, and the corporation.

   (b) Without limiting the generality of the preceding, the corporation is expressly empowered to lease or sell a project or any part of it to the municipality. Any lease by the corporation to the municipality may be for any period, upon terms and conditions, with or without an option to purchase, that the corporation may determine.

   (c) The provisions of any charter, other law, or ordinance, 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, do not apply to leases and sales made with the corporation pursuant to this chapter.

   (d) Any municipality, notwithstanding any contrary provision of any charter, other law, or ordinance, general, special or local, or of any rule or regulation of the state or any municipality, is authorized and empowered to lease, lend, pledge, grant, or convey to the corporation at its request, upon terms and conditions that the chief executive officer, if any, with the concurrence of the council, or where no 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 purposes of the corporation, including public roads and other real property already devoted to public use; and, subject to the aforesaid, the city or town consents to the use of all lands owned by the city or town which are deemed by the corporation to be necessary for the construction or operation of any project.

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

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