(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.

Terms Used In Rhode Island General Laws 45-54-8

  • Bonds: means any bonds, interim certificates, notes, debentures, or other evidences of indebtedness of the corporation issued pursuant to this chapter;

    (2)  "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;

    (3)  "Corporation" means the municipal detention facility corporation created under this chapter;

    (4)(i)  "Cost" as applied to any project to be constructed or acquired by the corporation, includes: the cost of acquisition or construction and, if the project consists of public facilities, the cost of acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by the corporation for the construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of estimates and planning, engineering and legal services, plans, specifications, and surveys; estimates of costs and of revenues; other expenses necessary or incident to determining the feasibility or practicability of the construction; administrative expenses; and other expenses as may be necessary or incident to the construction, the financing of the construction, and the placing of the project in operation. See Rhode Island General Laws 45-54-3

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the city or town council of a municipality;

    (6)  "Detention facility" means land, buildings, or improvements used for the purposes of detaining prisoners in accordance with the provisions of this chapter;

    (7)  "Director" means one of the members of the corporation appointed in accordance with the provisions of this chapter;

    (8)  "Federal agency" means and includes the United States of America, and any department of, or any corporation, agency, or instrumentality created, designated, or established by, the United States of America;

    (9)  "Improvement" means and includes extension, enlargement, and improvement, and the term "to improve" means and includes, to extend, to enlarge, and to improve, all in a manner as may be deemed desirable;

    (10)  "Municipality" means and includes any city or town within the state now existing or hereafter created;

    (11)  "Owner" means and includes all individuals, incorporated companies, copartnerships, societies, or associations, and, also, all municipalities and political subdivisions, and all public agencies and instrumentalities, having any title or interest in any property, rights, easements, or franchises authorized to be acquired under the provisions of this chapter;

    (12)  "Persons" means and includes natural persons, firms, associations, corporations, business trusts, partnerships, and public bodies;

    (13)  "Project" means any detention facility or public equipment which the corporation is authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the provisions of this chapter, and includes all real and personal property related to it;

    (14)  "Public equipment" means and includes all tangible personal property, new or used, including, without limiting the generality of the preceding, 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, as leasehold interests, security interests, and every other interest or right, legal or equitable; provided, that the public equipment is related to and used in connection with a detention facility; and

    (15)  "State" means and includes the state of Rhode Island, and any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality of the state. See Rhode Island General Laws 45-54-3

  • 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
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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 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.

History of Section.
P.L. 1991, ch. 421, § 1.