§ 45-50-10 - Acquisition and construction of projects – Lease or sale – Conveyance to authority – Request for project.
SECTION 45-50-10
§ 45-50-10 Acquisition and construction ofprojects – Lease or sale – Conveyance to authority – Request forproject. – (a) In order to benefit the people of the municipality and to provide for theirgeneral health and welfare and to maintain the high standards of municipalpublic facilities and public equipment, the authority is authorized andempowered to acquire and construct public facilities and to acquire publicequipment; and to maintain, renovate, repair, and operate the public facilitiesand equipment; and to issue revenue bonds of the authority, payable from therevenues derived from leasing of these projects, to finance the projects.Development of these projects may be initiated by the authority only uponrequest 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 aproject pursuant to this chapter shall take the form of a proposal by the chiefexecutive officer approved by the council. If there is no chief executiveofficer, development of these projects may be initiated by the authority onlyupon the request of the city or town council. Any request by the city or towncouncil to initiate a project pursuant to this chapter shall take the form of aresolution. The chief executive officer, if any, or a member of the councildesignated by the council, if there is no chief executive officer, isauthorized to enter into a contract of lease for and on behalf of the city ortown with the authority for the leasing of the initiated projects upon termsand conditions agreed to by the chief executive officer, if any, or thecouncil, 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 projectrelating to the management and control of public school property, including,but not limited to, the initiation of a public school project, school siteselection.
(b) Without limiting the generality of the preceding, theauthority is expressly empowered to lease or sell a project or any part of itto the municipality. Any lease by the authority to the municipality may be fora 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 anymunicipality, restricting or regulating in any manner the power of anymunicipality to lease (as lessee or lessor) or sell property, real, personal,or mixed, shall not apply to leases and sales made with the authority pursuantto this chapter.
(d) Any municipality, notwithstanding any contrary provisionof any charter, other laws or ordinances, general, special or local, or of anyrule or regulations of the state or any municipality, is authorized andempowered to lease, lend, pledge, grant, or convey to the authority, at itsrequest, upon terms and conditions that the chief executive officer, if any, orwhere no chief executive officer exists, the city or town council of themunicipality, may deem reasonable and fair and without the necessity for anyadvertisement, order of court, or other action or formality, any real propertyor personal property which may be necessary or convenient to effectuation ofthe authorized purpose of the authority, including public roads and other realproperty already devoted to public use; and, subject to what has been stated,the municipality consents to the use of all lands owned by the municipalitywhich are deemed by the authority to be necessary for the construction oroperation of any project.
(e) The authority is authorized and empowered to contract forthe acquisition of any of its projects or portions of them by the federalgovernment; and to contract with any state, federal, or municipal agencies forthe performance of any services essential or convenient to its purposes underthis chapter.