§ 35-8.1-8.2 - Acquisition and construction of projects – Lease or sale – Conveyance to authority – Request for project.
SECTION 35-8.1-8.2
§ 35-8.1-8.2 Acquisition and constructionof projects – Lease or sale – Conveyance to authority – Requestfor project. – (a) In order to benefit the people of the state and to provide for theirgeneral health and welfare and to maintain the high standards of publicfacilities and public equipment within the state the authority is herebyauthorized and empowered to acquire and construct public facilities and toacquire public equipment; to maintain, repair and operate the same; and withthe consent of both the governor and the general assembly to issue revenuebonds of the authority, payable solely from revenues derived from leasing ofthe projects, to finance the same. Development of the projects may be initiatedby the authority only upon request of the proper agency of the federalgovernment, or of the legislative body of the municipality seeking the project,or of both the general assembly and the governor in the case of the state, thedirector of administration with the approval of the governor being herebyauthorized to enter into a contract of lease with the authority for the leasingof such projects upon such terms and conditions as shall be agreed to by thedirector of administration and the authority; and, in the case of publicfacilities (except those public facilities to be used in connection withprojects to provide judicial complexes, administrative offices, educationalfacilities and warehouse facilities), shall require, prior to the issuance ofsuch revenue bonds, approval by resolution of the legislative body of themunicipality in which they are proposed to be located.
(b) Without limiting the generality of the foregoing theauthority is expressly empowered to lease or sell a project or any part thereofto the state or to any municipality. Any such lease by the authority to thestate or any municipality may be for such period, upon such terms andconditions, with or without an option to purchase, as the authority maydetermine.
(c) The provisions of any other laws or ordinances, general,special or local, or of any rule or regulation of the state or anymunicipality, restricting or regulating in any manner the power of the state orany municipality to lease (as lessee or lessor) or sell property, real,personal or mixed, shall not apply to leases and sales made with the authoritypursuant to this chapter.
(d) The state and any municipality, notwithstanding anycontrary provision of law, are hereby authorized and empowered to lease, lend,grant or convey to the authority, at its request upon such terms and conditionsas the proper authorities of the state and any such municipality may deemreasonable and fair and without the necessity for any advertisement, order ofcourt or other action or formality, other than the regular and formal action ofthe authorities concerned, any real property or personal property which may benecessary or convenient to the effectuation of the authorized purpose of theauthority, including public roads and other real property already devoted topublic use; and subject to the aforesaid, the state hereby consents to the useof all lands owned by it, including lands lying under water, which are deemedby the authority to be necessary for the construction or operation of anyproject.
(e) The authority is hereby authorized and empowered tocontract for the acquisition of any of its projects or portions thereof by thefederal government; and to contract with any state, federal, or municipalagencies for the performance of any services essential or convenient to itspurposes under this chapter.
(f) Any request by the legislative body of a municipalityseeking a project shall be in the form of a resolution adopted by a unanimousvote of such body, or, in the case of projects requested by the legislativebodies of two or more cities or towns comprising a joint or regionalundertaking, by a unanimous vote of the legislative body of each such city ortown participating in such undertaking.