2013 -- S 0992 AS AMENDED

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LC02762

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES -- REDEVELOPMENT PROJECTS

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: June 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-32-5 of the General Laws in Chapter 45-32 entitled

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"Redevelopment Projects" is hereby amended to read as follows:

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     45-32-5. Corporate powers of agencies. -- (a) Each redevelopment agency constitutes a

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public body, corporate and politic, exercising public and essential governmental functions, and

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has all the powers necessary and convenient to carry out and effectuate the purposes and

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provisions of chapters 31 -- 33 of this title, including the powers enumerated in this section in

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addition to others granted by these chapters:

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      (1) To sue and be sued; to borrow money; to compromise and settle claims; to have a

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seal; and to make and execute contracts and other instruments necessary or convenient to the

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exercise of its powers.

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      (2) To make, and, from time to time, amend and repeal bylaws, rules, and regulations,

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consistent with chapters 31 -- 33 of this title, to carry into effect the powers and purposes of these

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chapters.

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      (3) To select and appoint officers, agents, counsel, and employees, permanent and

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temporary, as it may require, and determine their qualifications, duties, and compensation.

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      (4) Within the redevelopment area or for purposes of redevelopment: to purchase, lease,

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obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal

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property, or any estate or interest in it, together with any improvements on it; to acquire by the

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exercise of the power of eminent domain any real property or any estate or interest in it, although

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temporarily not required to achieve the purposes of chapters 31 -- 33 of this title; to clear,

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demolish, or remove any and all buildings, structures, or other improvements from any real

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property so acquired; to rehabilitate or otherwise improve any or all substandard buildings,

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structures, or other improvements; to insure or provide for the insurance of any real or personal

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property or operations of the agency against risk or hazard; and to rent, maintain, rehabilitate,

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improve, manage, operate, repair, and clear the property.

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      (5) To develop as a building site or sites any real property owned or acquired by it.

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      (6) To cause streets and highways to be laid out and graded, and pavements or other road

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surfacing, sidewalks, and curbs, public utilities of every kind, parks, playgrounds, and other

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recreational areas, off street parking areas and other public improvements to be constructed and

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installed.

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      (7) To prepare or have prepared all plans necessary for the redevelopment of blighted

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and substandard areas; with the consent and approval of the community planning commission, to

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carry on and perform, for and on behalf of the commission, all or any part of the planning

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activities and functions within the community; to undertake and perform, for the community,

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industrial, commercial, and family relocation services; to obtain appraisals and title searches; to

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make investigations, studies, and surveys of physical, economic, and social conditions and trends

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pertaining to a community; to develop, test, and report methods and techniques and carry out

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research and other activities for the prevention and the elimination of blighted and substandard

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conditions and to apply for, accept, and utilize grants of funds from the federal government and

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other sources for those purposes; and to enter upon any building or property in any

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redevelopment area in order to make investigations, studies, and surveys, and, in the event entry

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is denied or resisted, an agency may petition the superior court in and for the county in which the

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land lies for an order for this purpose. Upon the filing of a petition, due notice of it shall be served

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on the person denying or resisting entry, and after a hearing on the petition, the court shall enter

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an order granting or denying the petition.

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      (8) To undertake technical assistance to property owners and other private persons to

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encourage, implement, and facilitate voluntary improvement of real property.

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      (9) To undertake and carry out code enforcement projects pursuant to the provisions of

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appropriate federal legislation.

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      (10) To invest any funds held in reserves or sinking funds or any funds not required for

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immediate disbursement, in property or securities in which savings banks may legally invest

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funds subject to their control; and to purchase its bonds at a price not more than the principal

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amount and accrued interest, all bonds so purchased to be cancelled.

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      (11) To lend money, and to sell, lease, exchange, subdivide, transfer, assign, pledge,

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encumber (by mortgage, deed of trust, or otherwise), or otherwise dispose of any real or personal

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property or any estate or interest in it acquired under the provisions of chapters 31 -- 33 of this

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title, to the United States, the state government, any state public body, or any private corporation,

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firm, or individual at its fair value for uses in accordance with the redevelopment plan,

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irrespective of the cost of acquiring and preparing the property for redevelopment. In determining

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the fair value of the property for uses in accordance with the redevelopment plan, the agency shall

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take into account, and give consideration to, the uses and purposes required by the plan, the

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restrictions upon, and the obligations assumed by the purchaser or lessee of the property, and the

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objectives of the redevelopment plan for the prevention of the recurrence of blighted and

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substandard conditions. Any lease or sale of the property may be made without public bidding

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provided, that no sale or lease is made until at least ten (10) days after the legislative body of the

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community has received from the agency a report concerning the proposed sale or lease.

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      (12) To obligate the purchaser or lessee of any real or personal property or any estate or

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interest in it to:

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      (i) Use the property only for the purpose and in the manner stated in the redevelopment

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plan;

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      (ii) Begin and complete the construction or rehabilitation of any structure or

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improvement within a period of time which the agency fixes as reasonable; and

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      (iii) Comply with other conditions that in the opinion of the agency are necessary to

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prevent the recurrence of blighted and substandard conditions and otherwise to carry out the

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purposes of chapters 31 -- 33 of this title. The agency, by contractual provisions, may make any

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of the purchasers' or lessees' obligations, covenants, or conditions running with the land, and may

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provide that, upon breach thereof, the fee reverts to the agency.

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      (13) To exercise all or any part or combination of the powers granted in this chapter.

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      (b) Nothing contained in this chapter authorizes an agency to construct any new

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buildings for residential, commercial, or industrial uses contemplated by the redevelopment plan.

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; provided, however, that notwithstanding the foregoing, redevelopment agency of any city or

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town with more than one hundred thousand (100,000) residents, and its successors and assigns,

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shall be permitted to construct new buildings for commercial or industrial uses contemplated by

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its redevelopment plan.

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      (c) Nothing contained in this chapter authorizes an agency to retain for a period in excess

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of five (5) years from the date of acquisition, or within another additional period of time that the

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legislative body fixes as reasonable, the fee or any estate or interest in it to any building,

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structure, or other improvement, not demolished or otherwise removed, which has been acquired

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by the agency in accordance with the redevelopment plan.

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     SECTION 2. This act shall take effect upon passage.

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LC02762

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- REDEVELOPMENT PROJECTS

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     This act would allow the Providence redevelopment agency to construct new buildings

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for commercial or industrial uses contemplated by its redevelopment plan.

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     This act would take effect upon passage.

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LC02762

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