Chapter 245
2011 -- H 5994 SUBSTITUTE A AS AMENDED
Enacted 07/09/11
A N A C T
RELATING TO
PUBLIC PROPERTY AND WORKS
Introduced
By: Representatives Carnevale,
Date Introduced: March 29, 2011
It is enacted by the General
Assembly as follows:
SECTION
1. Interstate Route 195 Completion and
WHEREAS, The Department
of Transportation is completing its relocation and
improvements to Interstate Route 195 traversing
through portions of the City of
accordance with that certain United States Federal
Highway Administration Record of Decision
entitled “Record of Decision, Improvements to
Interstate Route 195,
FHWA-RI-EIS-93-01-F, January 14, 1997”;
WHEREAS, In connection
with such highway relocation and improvements, certain
surplus parcels of land in the City of
WHEREAS, Such surplus
parcels of land, together with all improvements thereon, as
defined in general laws section 37-5-8 as the “I-195
Surplus Land” may be transferred to the I-
195 Redevelopment District created by general laws
section 42-64.14-5;
WHEREAS, The I-195
Surplus Land will be a principal element to the redevelopment
and economic recovery of the City of
for commercial, industrial, institutional and
residential development and beneficial reuse
including without limitation to support or encourage workforce
development, education and
training, and the growth of “knowledge based” jobs and
industries such as research and
development, life sciences, media technologies,
entrepreneurship and business management,
design, hospitality, software design and application,
and a variety of other uses consistent with a
knowledge based economy;
WHEREAS, It is
beneficial for the State and the Rhode Island Department of
Transportation to sell the I-195 Surplus Land to the
I-195 Redevelopment District and/or the
Rhode Island Economic Development Corporation with
financing provided by the
Economic Development Corporation through its issuance
of bonds or other debt;
WHEREAS, The Rhode
Island Public Corporation Debt Management Act (RI General
Laws Section 35-18-1, et seq.) requires the general
assembly to provide its consent to the
issuance or incurring by the State of
guarantees or other agreements;
WHEREAS, This act shall
serve as the concurrent resolution of approval required by the
Rhode Island Public Corporation Debt Management Act
(RI General Laws Section 35-18-1, et
seq.);
WHEREAS, The project
costs associated with the sale of the I-195 Surplus Land to the I-
195 Redevelopment District or the Rhode Island
Economic Development Corporation is
estimated to be $40,000,000 of acquisition costs, plus
costs of issuance not to exceed $2,000,000,
plus interest. The total financing obligation of the
State of
$42,000,000, plus interest; and
WHEREAS; The payments
for repayment of the bonds issued pursuant to this act will be
financed within the Rhode Island Economic Development
Corporation, the I-195 Redevelopment
District and the Department of Administration from
general revenue appropriations and other
means of funding; now, therefore, be it
RESOLVED, That the Rhode
Island Economic Development Corporation is authorized
to borrow up to $42,000,000 at an amortized rate not
to exceed eight percent (8%) per year for a
term not to exceed twenty (20) years (the
“Obligations”) for the purpose of the Corporation’s
acquiring, or financing the Rhode Island I-195
Redevelopment District’s acquisition,
management and administration of the I-195 Surplus
Land pursuant to the I-195 Redevelopment
Act of 2011 (RI General Laws Section 42-64.14-.1, et
seq.); and be it further
RESOLVED; The total
borrowing authorized shall be reduced by the proceeds from the
sale of parcels 31 and 36 to Johnson and
RESOLVED,
That the Rhode Island Economic Development Corporation may issue such
Obligations upon such terms
and conditions as it deems necessary and appropriate to effectuate
the financing of the
acquisition by the Rhode Island I-195 Redevelopment Commission, of the I-
195 Surplus Land, for a
purchase price not to exceed $40,000,000, pursuant to the I-195
Redevelopment Act of 2011
(RI General Laws Section 42-64-.14-1, et seq.); and be it further
RESOLVED,
That the Rhode Island Economic Development Corporation may issue the
Obligations subject to the
requirements of utilizing a capital reserve fund, annual appropriations,
or other mechanisms to
assure repayment of the Obligations, including but not limited to, the
provisions of the general
laws at section 42-64-18, and any sums appropriated by the general
assembly for the purpose of
paying the Obligations shall be utilized by the
Economic Development
Corporation to make payments due on such Obligations; and be it further
RESOLVED,
That the net proceeds received from the sale or lease of any portions of the
I-195 Surplus Land by the
I-195 Redevelopment Commission shall be paid to a capital reserve
fund securing the repayment
of the Obligations by the Rhode Island Economic Development
Corporation; and be it
further
RESOLVED,
That this Joint Resolution shall take effect immediately upon its passage by
the General Assembly.
SECTION
2. Chapter 37-5 of the General Laws entitled "Department of
Transportation"
is hereby amended by adding
thereto the following section:
37-5-8. Transfer
of certain interstate route 195 property. – (a) Findings. The State
of
Record of Decision entitled “Record of Decision,
Improvements to
Providence, Rhode Island, FHWA-RI-EIS-93-01-F, January
14, 1997” is relocating and
improving certain portions of interstate route 195
traversing through portions of the city of
(1) The relocation of
interstate route 195 within the city of
creation of surplus parcels of land available for sale
and commercial, institutional and residential
development and beneficial reuse, including without
limitation to support or encourage workforce
development, education and training, and the growth of
“knowledge based” jobs and industries
such as research and development, life sciences, media
technologies, entrepreneurship and
business management, design, hospitality, software
design and application, and a variety of other
uses consistent with a knowledge based economy;
(2) The city of
reports that are a matter of public record support the
use of portions of the city of
jewelry district and portions of the surplus land
created by the relocation of interstate route 195
for development that is benefited by close proximity
to universities, hospitals, and medical
schools for the development with and by such
institutions of facilities (including without
limitation a hotel and/or conference center and
academic, medical, research and development,
commercial, residential, and parking facilities) to support
the growth of a knowledge based
economy;
(3) The sale or lease
of such surplus parcels of land at fair market value, and the re-use
and development of such parcels will be beneficial to
the city of
advantageous to the public interest; and
(4) The surplus
parcels of land, together with all improvements thereon, that will be
created by the relocation of interstate route 195 are
sometimes collectively referred to herein as
the “I-195
Design dated 2009,” and such term means those certain
tracts or parcels of land situated in the
city of
land captioned “Improvements to
Development Parcel Plans 1 through 10, Scale: 1”=20’, May
2010, Bryant Associates, Inc.,
Engineers-Surveyors-Construction Managers, Lincoln,
RI., Maguire Group, Inc.,
Architects/Engineers/Planners, Providence, RI,”
bounded and described as follows:
(i)
Area I
That certain parcel of
land, with all improvements thereon, situated easterly of Interstate
Route No. 95, southwesterly of
Providence, County of Providence, State of Rhode
Island, and more particularly described as
follows:
Beginning at a point
on the southeasterly street line of
of land owned now or formerly by
Thence S 54( 21’ 39”
E along the northwesterly State Freeway Line established by State
Highway Plat No. 1074A a distance of ninety-four and
eighty-one one-hundredths (94.81) feet to
a point;
Thence S 54( 21’ 39”
E along said State Freeway Line a distance of nineteen and twenty
one-hundredths (19.20) feet to a point, the two
previous courses running along land owned now
or formerly by
Thence in a general
northeasterly direction along a non-tangent curve deflecting to the
left, said curve having a radius of four-hundred
twenty-three and zero one-hundredths (423.00)
feet, subtended by a central angle of 14( 38’ 19” for
an arc length of one-hundred eight and seven
one-hundredths (108.07) feet, a chord bearing of N 53(
54’ 03” E and a chord length of one-
hundred seven and seventy-eight one-hundredths
(107.78) feet to a spiral curve,
Thence in a general
northeasterly direction along said spiral curve having a radius of
four-hundred twenty-three and zero one-hundredths
(423.00) feet, a Theta angle of 09( 50’ 57”
for a spiral length of one-hundred forty-five and
forty-three one-hundredths (145.43) feet to a
point of tangency; said spiral curve running along the
northwesterly State Freeway Line
established by
Thence N 36( 43’ 57”
E a distance of sixty-one and ninety one-hundredths (61.90) feet to
a point;
Thence N 54( 17’ 18”
W a distance of four and eighty-seven one-hundredths (4.87) feet
to a point;
Thence N 29( 26’ 59”
E a distance of two-hundred ninety-five and ninety-one one-
hundredths (295.91) feet to a point;
Thence N 59( 31’ 58”
W a distance of fifty-seven and zero one-hundredths (57.00) feet to
a point,
Thence N 56( 27’ 36”
E a distance of one-hundred eighty-six and fifty-seven one-
hundredths (186.57) feet to a point on the
southwesterly street line of
previous courses running along the northwesterly State
Freeway Line established by State
Highway Plat No. 900,
Thence S 59( 38’ 32”
E along said southwesterly street line of
of one-hundred ninety-seven and thirty-five
one-hundredths (197.35) feet to a point;
Thence in a general
southwesterly direction along a curve deflecting to the left, said
curve having a radius of five-hundred ninety and zero
one-hundredths (590.00) feet, subtended by
a central angle of 14( 02’ 58” for an arc length of
one-hundred forty-four and sixty-seven one-
hundredths (144.67) feet, a chord bearing of S 47( 40’
44” W and a chord length of one-hundred
forty-four and thirty-one one-hundredths (144.31) feet
to a point;
Thence S 32( 34’ 31”
W a distance of eighty and ninety-two one-hundredths (80.92) feet
to a point;
Thence S 55( 19’ 41”
E a distance of nineteen and fifty one-hundredths (19.50) feet to a
point;
Thence S 35( 27’ 19”
W a distance of one-hundred seventy-eight and fifty-two one-
hundredths (178.52) feet to a point on the
southwesterly street line of
Thence S 55( 19’ 41”
E along said southwesterly street line of
of one-hundred thirty-five and fifty-seven
one-hundredths (135.57) feet to a point on the
southeasterly street line of
Thence S 35( 26’ 28”
W along said southeasterly street line of
of fifty-six and seventy one-hundredths (56.70) feet
to a point;
Thence S 29( 00’ 35”
W along land owned now or formerly by
LLC and Mad Realty Associates, partly by each, a
distance of seventy-three and forty-seven
(73.47) feet to a point;
Thence S 54( 37’ 34”
E along land owned now or formerly by
Associates a distance of zero and seventy-six
one-hundredths (0.76’) feet to a non-tangent curve;
Thence in a general
southwesterly direction along said non-tangent curve deflecting to
the left, said curve having a radius of three-hundred
twenty-seven and zero one-hundredths
(327.00) feet, subtended by a central angle of 29( 27’
51” for an arc length of one-hundred sixty-
eight and sixteen one-hundredths (168.16) feet, having
a chord bearing of S 07( 49’ 43” W and a
chord length of one-hundred sixty-six and thirty-one
one-hundredths (166.31) feet to a point;
Thence S 54( 37’ 34”
E a distance of twenty-three and nine one-hundredths (23.09) feet
to a point, the previous two courses running along
land owned now or formerly by Claverick
Realty Company;
Thence S 35( 22’ 26”
W a distance of twenty and fifty-three one-hundredths (20.53) feet
to a non-tangent curve on the northeasterly street
line of
Thence in a general
southeasterly direction along said non-tangent curve deflecting to the
left, said curve having a radius of three-hundred
twenty-five and zero one-hundredths (325.00)
feet, subtended by a central angle of 16( 20’ 47” for
an arc length of ninety-two and seventy-two
one-hundredths (92.72) feet, having a chord bearing of
S 20( 09’ 55” E and a chord distance of
ninety-two and forty-one one-hundredths (92.41) feet
to a point;
Thence S 28( 20’ 18”
E a distance of fifteen and twenty-five one-hundredths (15.25) feet
to a point of curvature;
Thence in a general
southeasterly direction along a curve deflecting to the left, said curve
having a radius of thirteen and fifty-eight
one-hundredths (13.58) feet, subtended by a central
angle of 116( 31’ 28” for an arc length of
twenty-seven and sixty-one (27.61) feet, having a chord
bearing of S 86( 36’ 02” E and a chord length of
twenty-three and nine one-hundredths (23.09)
feet to a point on the northwesterly street line of
Thence S 35( 22’ 26”
W along said northwesterly street line of
of seventy-one and fifty-two one-hundredths (71.52)
feet to a point on the southwesterly street
line of
Thence S 28( 19’ 27”
E along said southwesterly street line of
of three-hundred eighty-nine and forty one-hundredths
(389.40) feet to a point on the
northeasterly street line of Proposed
Thence N 53( 39’ 21”
W along said northeasterly street line of Proposed
Street a distance of one-thousand two-hundred two and
fourteen one-hundredths (1202.14) feet to
a point;
Thence N 35( 43’ 17”
E a distance of fifteen and ninety-two one-hundredths (15.92) feet
to a point;
Thence N 35( 43’ 17”
E a distance of thirty-nine and twenty-one one-hundredths (39.21)
feet to a point;
Thence S 65( 00’ 33”
E a distance of five and twenty-six one-hundredths (5.26) feet to a
point;
Thence N 36( 11’ 07”
E a distance of forty-eight and sixty-eight one-hundredths (48.68)
feet to a point;
Thence S 54( 02’ 43”
E a distance of one-hundred twenty-six and ninety-four one-
hundredths feet to a point on the northwesterly street
line of
running along land owned now or formerly by The
Housing Authority of the City of
Thence S 54( 02’ 43”
E a distance of forty and twelve one-hundredths (40.12) feet to a
point on the southeasterly street line of
Thence N 35( 38’ 21”
E along said southeasterly street line of
seventy-four and forty-eight one hundredths (74.48)
feet to the point and place of beginning;
The above described
parcel contains three hundred ninety-five thousand two hundred
eighty-two (395,282) square feet or 9.07 acres, more
or less.
(ii) Area II
That certain parcel
of land, with all improvements thereon, situated southwesterly of
Richmond Street, northeasterly of Ship Street,
northwesterly of
of Friendship Street in the City of Providence, County
of Providence, State of Rhode Island, and
more particularly described as follows:
Beginning at a point
at the intersection of the southeasterly street line of
and the northeasterly street line of
Thence N 35( 26’ 25”
E along the southeasterly street line of
of two-hundred seventy and eighty-two one-hundredths
(270.82) feet to a point;
Thence S 53( 56’ 39”
E along the State Freeway Line established by
Highway Plat No. 900 a distance of forty-five and two
one-hundredths (45.02) feet to a point;
Thence N 64( 30’ 09”
E along said State Freeway Line a distance of two-hundred eight
and forty-six one-hundredths (208.46) feet to a point
on the southwesterly street line of
Street, the two previous courses running along land
owned now or formerly by Stephen R. &
Francine Beranbaum;
Thence S 53( 56’ 39”
E along said southwesterly street line of
distance of two-hundred twenty and fifty-nine
one-hundredths (220.59) feet to a point;
Thence S 35( 26’ 57”
W along the State Freeway Line established by Amended Plat No.
900 a distance of one-hundred twenty and ninety-seven
one-hundredths (120.97) feet to a point;
Thence N 55( 40’ 21”
W along said State Freeway Line a distance of fifteen and one-
one-hundredth (15.01) feet to a point
Thence S 60( 41’ 45”
W along said State Freeway Line a distance of ninety-seven and
ninety-two one-hundredths (97.92) feet to a point;
Thence S 67( 47’ 39”
W along said State Freeway Line a distance of fifty and ninety-
three one-hundredths (50.93) feet to a point, the
previous three courses running along land owned
now or formerly by
Thence N 41( 01’ 46”
E a distance of zero and fifty-five one-hundredths (0.55) feet to a
point;
Thence N 61( 40’ 21”
W a distance of twenty-six and forty-nine one-hundredths (26.49)
feet to a point;
Thence N 54( 43’ 25”
W a distance of twenty-five and thirty-two one-hundredths (25.32)
feet to a point;
Thence S 35( 23’ 19”
W a distance of zero and sixty-two one-hundredths (0.62) feet to a
point, the previous four courses running along the
2492;
Thence N 54( 36’ 41”
W along the State Freeway Line established by Plat No. 900 a
distance of zero and forty five one-hundredths (0.45)
feet to a point;
Thence S 35( 23’ 19”
W along the
distance of one-hundred one and two one-hundredths
(101.02) feet to a point on the northerly
street line of
Thence S 88( 00’ 16”
W a distance of fifty and forty-nine one-hundredths (50.49) feet to
a point;
Thence S 88( 00’ 16”
W a distance of eighty-four and thirty-six one-hundredths (84.36)
feet to a point, the two previous courses running
along the northerly street line of
Thence N 59( 38’ 32”
W along the northeasterly street line of
of one-hundred twenty-four and thirty one-hundredths
(124.30) feet to the point and place of
beginning;
The above described
parcel contains one hundred five thousand seventy-six (105,076)
square feet or 2.41 acres, more or less.
(iii) Area III
That certain parcel
of land, with all improvements thereon, situated westerly of
Dyer Street, northeasterly of Richmond Street,
southeasterly of
of Dorrance Street in the
City of Providence, County of Providence, State of Rhode Island, and
more particularly described as follows:
Beginning at a point
at the intersection of the northeasterly street line of
and the southeasterly street line of
Thence N 35( 27’ 30”
E along the southeasterly street line of
one-hundred forty-seven and twenty-six one-hundredths
(147.26) feet to a point;
Thence S 54( 32’ 30”
E a distance of fifteen and zero one-hundredths (15.00) feet to a
point;
Thence N 62( 01’ 24”
E a distance of eighty-nine and forty-four one-hundredths (89.44)
feet to a point;
Thence S 54( 32’ 30”
E a distance of forty and twenty one-hundredths (40.20) feet to a
point;
Thence N 35( 27’ 30”
E a distance of one-hundred fifty-two and eighty-nine one-
hundredths (152.89) feet to a point on the southwesterly
street line of
Thence N 61( 53’ 05”
E a distance of forty and fourteen one-hundredth (40.14) feet to a
point on the northeasterly street line of
State Freeway Line established by Amended Plat No.
900;
Thence N 28( 06’ 55”
W along the northeasterly street line of
fifteen and fifty-two one-hundredths (15.52) feet to a
point;
Thence N 24( 40’ 40”
E a distance of one-hundred thirty-six and seventy one-hundredths
(136.70) feet to a point;
Thence N 54( 32’ 30”
W a distance of seventy-three and sixty one-hundredths (73.60)
feet to a point on the southeasterly street line of
along the State Freeway Line established by Plat No.
1385;
Thence N 35( 27’ 30”
E along the
900 a distance of one-hundred fifty-two and four
one-hundredths (152.04) feet to a point;
Thence N 35( 27’ 30” E
along the State Freeway Line established by Amended Plat No.
900 a distance of thirty-nine and three one-hundredths
(39.03) feet to a point;
Thence N 35( 27’ 30”
E along said State Freeway Line a distance of one-hundred
seventy-five and seventy one-hundredths (175.70) feet
to a point, the three previous courses
running along the southeasterly street line of
Thence S 51( 30’ 57”
E a distance of eighteen and thirty-seven one-hundredths (18.37)
feet to a point on the westerly street line of
Thence S 04( 06’ 53”
E a distance of twenty-three and twenty-three one-hundredths
(23.23) feet to a point, the two previous courses
running along the State Freeway Line established
by Amended Plat No. 900;
Thence S 04( 06’ 53”
E along the
900 a distance of fifty-eight and eighty-eight
one-hundredths (58.88) feet to a point;
Thence S 04( 06’ 53”
E along the State Freeway Line established by Amended Plat No.
900 a distance of seventy and seventy-two
one-hundredths (70.72) feet to a point;
Thence S 04( 06’ 53”
E along the
900 a distance of seventy and ninety-nine
one-hundredths (70.99) feet to a point;
Thence S 04( 06’ 53”
E along the State Freeway Line established by Amended Plat No.
900 a distance of seven-hundred eighty-eight and
seventy-three one-hundredths (788.73) feet to a
point on the northeasterly street line of
westerly street line of
Thence N 28( 06’ 55”
W along the northeasterly street line of
one-hundred eighty-two and eighty-four one-hundredths
(182.84) feet to a point;
Thence N 07( 47’ 27”
W a distance of one-hundred fifteen and sixteen one-hundredths
(115.16) feet to a point;
Thence S 57( 36’ 31”
W a distance of forty and eleven one-hundredths (40.11) feet to a
point on the northeasterly street line of
owned now or formerly by
Thence N 28( 06’ 55”
W along said northeasterly street line of
two and ninety-nine one-hundredths (2.99) feet to a
point;
Thence S 61 53’ 35” W
a distance of forty and nineteen one-hundredths (40.19) feet to a
point on the southwesterly street line of
Thence S 63( 22’ 30”
W a distance of forty-eight and seventy-four one-hundredths
(48.74) feet to a point;
Thence S 64( 11’ 22”
W a distance of fifty-nine and thirty-nine one-hundredths (59.39)
feet to a point, the two previous courses running
along land owned now or formerly by One Ship
St. LLC;
Thence N 17( 07’ 51”
W along land owned now or formerly by
Associates II a distance of six and twenty-six
one-hundredths (6.26) feet to a point;
Thence S 37( 21’ 21”
W along said
one-hundred forty-eight and sixteen one-hundredths (148.16)
feet to a point on the northeasterly
street line of
established by Amended Plat No. 900;
Thence N 53( 56’ 59”
W along the northeasterly street line of
of three-hundred twenty-three and eighty-three
one-hundredths (323.83) feet to the point and
place of beginning;
The above described
parcel contains two hundred fifty-six thousand four hundred five
(256,405) square feet or 5.89 acres, more or less.
(iv) Area IV
That certain parcel
of land, with all improvements thereon, situated easterly of
Dyer Street and southwesterly of the Providence River
in the City of Providence, County of
Providence, State of Rhode Island, and more
particularly described as follows:
Beginning at a point
at the intersection of the northeasterly street line of
the easterly street line of
Thence N 04( 06’ 53”
W along the easterly street line of
hundred forty-nine and zero one-hundredths (749.00)
feet to the intersection with the
southwesterly street line of
Thence S 49( 33’ 48”
E along said southwesterly street line of
of one-hundred thirteen and twenty-three
one-hundredths (113.23) feet to a point;
Thence N 40( 26’ 12”
E a distance of two-hundred twenty and forty-nine one-hundredths
(220.49) feet to a point;
Thence N 21( 16’ 31” W
a distance of seventy-nine and seventy-four one-hundredths
(79.74) feet to a point;
Thence N 51( 28’ 13”
W a distance of twenty-three and fifty one-hundredths (23.50) feet
to a point;
Thence N 38( 31’ 47”
E a distance of thirty-nine and seventy-seven one-hundredths
(39.77) feet to a point;
Thence N 00( 58’ 39”
W a distance of ninety-two and three one-hundredths (92.03) feet
to a non-tangent curve;
Thence in a general
southeasterly direction along said non-tangent curve deflecting to the
right, said curve having a radius of one-hundred
twenty and zero one-hundredths (120.00) feet,
subtended by a central angle of 30( 43’ 53” for an arc
length of sixty-four and thirty-six one-
hundredths (64.36) feet, having a chord bearing of S
38( 51’ 16” E and a chord length of sixty-
three and fifty-nine one-hundredths (63.59) feet to a
point;
Thence S 23( 29’ 19”
E a distance of one-hundred four and zero one-hundredths (104.00)
feet to a point;
Thence N 88( 49’ 02” W
a distance of sixty-four and eighty-eight one-hundredths (64.88)
feet to a point on the southwesterly Harbor Line of
the
Thence S 24( 02’ 21”
E along said
hundred sixty-eight and forty-nine one-hundredths
(568.49) feet to a non-tangent curve;
Thence in a general
southwesterly direction along said non-tangent curve deflecting to
the right, said curve having a radius of eighty-seven
and zero one-hundredths (87.00) feet,
subtended by a central angle of 35( 36’ 29” for an arc
length of fifty-four and seven one-
hundredths (54.07) feet, having a chord bearing of S
55( 25’ 21” W and a chord length of fifty-
three and twenty one-hundredths (53.20) feet to a
point;
Thence S 73( 13’ 36”
W a distance of ninety-five and zero one-hundredths (95.00) feet to
a point;
Thence S 16( 46’ 24”
E a distance of fifty-five and zero one-hundredths (55.00) feet to a
point on the former southerly street line of
Thence S 73( 13’ 36”
W along said former southerly street line of
of three-hundred eighty and zero one-hundredths
(380.00) feet to a point;
Thence 15( 11’ 47” W
a distance of one-hundred seventy-seven and three one-hundredths
(177.03) feet to the point and place of beginning;
The above described
parcel contains two hundred ninety thousand three hundred forty-
one (290,341) square feet or 6.665 acres, more or
less.
(v) Area V
That certain parcel
of land, with all improvements thereon, situated southeasterly of
more particularly described as follows:
Beginning at a point
at the intersection of the southeasterly street line of
and the southwesterly street line of
Thence S 28( 33’ 15”
E a distance of three-hundred seventy and ninety-nine one-
hundredths (370.99) feet to a point;
Thence S 36( 49’ 15”
E a distance of six-hundred sixty-four and ninety-nine one-
hundredths (664.99) feet to a point;
Thence S 35( 04’ 38”
E a distance of four-hundred twenty-six and forty-one one-
hundredths (426.41) feet to a point;
Thence S 33( 47’ 46”
E a distance of one-hundred fifteen and twenty-one one-hundredths
(115.21) feet to a point on the southeasterly street
line of
running along the southwesterly street line of
Thence N 55( 45’ 24”
E along the southerly street line of
twenty-three and ninety-one one-hundredths (23.91)
feet to a point;
Thence S 77( 20’ 45”
E along land owned now or formerly by the State of
a distance of ninety-five and eighty-seven
one-hundredths (95.87) to a point;
Thence S 34( 14’ 36”
E a distance of forty-five and ninety one-hundredths (45.90) feet to
a point;
Thence N 80( 29’ 31”
E a distance of thirty-nine and twenty-nine one-hundredths (39.29)
feet to a point;
Thence N 55( 04’ 40”
E a distance of twenty-two and ninety-one one-hundredths (22.91)
feet to a point on the State Freeway Line established
by Plat No. 900B, the three previous courses
bounded by land owned now or formerly by Dolphin House
LTD and running along the State
Freeway Line established by Plat No. 900;
Thence S 39( 02’ 00”
E a distance of one-hundred seventeen and fifty-one one-
hundredths (117.51) feet to a point;
Thence S 53( 16’ 17”
E a distance of thirty-nine and thirty-one one-hundredths (39.31)
feet to a point on the southwesterly street line of
running along the State Freeway Line established by
Plat No. 900B;
Thence S 51( 47’ 17”
E along the southwesterly street line of
distance of two-hundred thirty-six and thirty-three
one-hundredths (236.33) feet to a point;
Thence S 54( 40’ 07”
E a distance of four-hundred twenty-five and sixty-two one-
hundredths (425.62) feet to a point on the northerly
street line of
Thence N 57( 21’ 51”
E a distance of eighty-two and seventy one hundredths (82.70) feet
to a point on the northwesterly street line of
Thence S 17( 13’ 13”
E a distance of forty-four and thirty-seven one-hundreds (44.37)
feet to a point;
Thence N 72( 46’ 47”
E a distance of seventy-two and zero one-hundredths (72.00) feet
to a point;
Thence S 31( 08’ 51”
E a distance of fifty-two and eighty-five one-hundredths (52.85)
feet to a point at the intersection of the
southeasterly street line of
southwesterly street line of
Thence S 55( 53’ 32”
W a distance of three-hundred thirteen and forty one-hundredths
(313.40) feet to a point;
Thence S 75( 42’ 33”
W a distance of forty-four and eighty-three one-hundredths (44.83)
feet to a point on the northwesterly street line of
running along the southeasterly street line of
Thence S 34( 11’ 30”
E along the northwesterly street line of
distance of sixty-seven and ninety-eight
one-hundredths (67.98) feet to a point;
Thence N 70( 31’ 58”
W a distance of forty-nine and ninety-seven one-hundredths
(49.97) feet to a point;
Thence S 39( 28’ 14”
W a distance of fifty-two and forty-four one-hundredths (52.44)
feet to a point;
Thence N 50( 42’ 37”
W a distance of twelve and zero one-hundredths (12.00) feet to a
point;
Thence S 71( 46’ 00”
W a distance of one-hundred one and twelve one-hundredths
(101.12) feet to a point on the northeasterly street
line of
courses running along the State Freeway Line
established by Plat No. 900;
Thence N 18( 33’ 00”
W along the northeasterly street line of
distance of forty-nine and five one-hundredths (49.05)
feet to a point on the southwesterly street
line of
Thence S 86( 43’ 46”
W a distance of forty-five and ninety-four one-hundredths (45.94)
feet to a point at the intersection of the
southwesterly street line of
southwesterly street line of
Thence S 88( 50’ 14”
W along the southwesterly street line of
ninety-five and seventy-one one-hundredths (95.71)
feet to a point on the southeasterly street line
of
Thence N 32( 08’ 16”
W along the northeasterly Harbor Line of the
distance of sixty and fourteen one-hundredths (60.14)
feet to a point on the northeasterly street
line of
Thence N 32( 08’ 16”
W a distance of one-hundred ninety-one and forty one-hundredths
(191.40) feet to a point;
Thence N 32( 42’ 55”
W a distance of three-hundred fifty-eight and five one-hundredths
(358.05) feet to a point;
Thence N 34( 20’ 00”
W a distance of seven-hundred twenty and fifty-six one-
hundredths (720.56) feet to a point;
Thence N 34( 58’ 15”
W a distance of three-hundred twenty-one and eighty-one one-
hundredths (321.81) feet to a point;
Thence N 32( 36’ 26”
W a distance of two-hundred twenty-three and forty-seven one-
hundredths (223.47) feet to a point;
Thence N 28( 01’ 57”
W a distance of three-hundred forty and twenty-seven one-
hundredths (340.27) feet to a point;
Thence N 26( 39’ 33”
W a distance of one-hundred twelve and thirty-eight one-
hundredths (112.38) feet to a point;
Thence N 25( 26’ 55”
W a distance of one-hundred forty-eight and thirty-nine one-
hundredths (148.39) feet to a point on the
southeasterly street line of
previous courses running along the northeasterly
Harbor Line of the
Thence N 63( 39’ 29”
E along the southeasterly street line of
of twenty-three and eighty-three one-hundredths
(23.83) feet to the point and place of beginning;
The above described
parcel contains four hundred seventy-eight thousand two hundred
thirteen (478,213) square feet or 10.98 acres, more or
less.
(vi) Area VI
That certain parcel
of land, with all improvements thereon, situated southeasterly of
Bridge Street and
Street and northwesterly of
State of
Beginning at a point
at the intersection of the southwesterly street line of
and the southeasterly street line of
Thence S 28( 38’ 50”
E a distance of forty-seven and seventy-eight one-hundredths
(47.78) feet to a point;
Thence S 34( 12’ 58”
E a distance of one-hundred sixty-three and two one-hundredths
(163.02) feet to a point, the two previous courses
running along the southwesterly street line of
Benefit Street;
Thence N 55( 47’ 02” E
a distance of fifty and fifteen one-hundredths (50.15) feet to a
point on the northeasterly street line of
Thence S 34( 12’ 58”
E along land owned now or formerly by
Rosary a distance of ninety and zero one-hundredths
(90.00) to a point on the northwesterly street
line of
Thence N 55( 46’ 46”
E along the northwesterly street line of
one-hundred fifty and thirty-six one-hundredths
(150.36) feet to a point on the southwesterly
street line of
Thence S 34( 13’ 56”
E along the southwesterly street line of
of eighty and nine one-hundredths (80.09) feet to a
point;
Thence N 80( 05’ 06”
E a distance of fifty-four and eighty-six one-hundredths (54.86)
feet to a point on the northeasterly street line of
along the State Freeway Line established by Plat No.
900;
Thence N 80( 05’ 06”
E along the northerly street line of
distance of two-hundred seventy-five and forty-five
one-hundredths (275.45) feet to a point on
the southwesterly street line of
Thence S 34( 11’ 12”
E a distance of seventy-four and eighty-six one-hundredths (74.86)
feet to a point on the southerly street line of
Thence S 44( 23’ 33”
W a distance of three-hundred seven and zero one-hundredths
(307.00) feet to a point on the northwesterly street
line of
Thence S 55( 48’ 33”
W along the northwesterly street line of
distance of three-hundred fifty-one and sixty
one-hundredths (351.60) feet to a point;
Thence N 34( 11’ 30”
W a distance of two-hundred nineteen and six one-hundredths
(219.06) feet to a point;
Thence S 55( 46’ 46”
W a distance of thirty-four and thirty-five one-hundredths (34.35)
feet to a point, the two previous courses running
along land owned now or formerly by A & C
Tockwotten Realty, Inc;
Thence 34( 12’ 51” W
a distance of fifty-seven and twenty-seven one-hundredths (57.27)
feet to a point;
Thence N 72( 52’ 44”
W a distance of thirty-one and eighty-two one-hundredths (31.82)
feet to a point on the southeasterly street line of
courses running along land owned now or formerly by
Cynthia A. Simmons;
Thence N 72( 52’ 44”
W a distance of sixty-four and twenty-two one-hundredths (64.22)
feet to a point on the northwesterly street line of
Thence S 55( 46’ 46”
W along said
fifty-five and sixty-one one-hundredths (55.61) feet
to a point on the northeasterly street line of
Thence N 34( 11’ 30”
W along the northeasterly street line of
distance of three-hundred one and seventeen
one-hundredths (301.17) feet to a point on the
southeasterly street line of
Thence N 55( 53’ 32”
E along the southeasterly street line of
three-hundred five and forty one-hundredths (305.40)
feet to the point and place of beginning;
The above described
parcel contains two hundred seventy-seven thousand five hundred
sixty-six (277,566) square feet or 6.37 acres, more or
less.
(b) Authorization.
The director of the
hereby directed, authorized and empowered to sell,
transfer and convey, in fee simple, by lease or
otherwise, in the name of and for the State of
commission established pursuant to chapter 42-64.14 of
the general laws, any or all right, title and
interest of the state in the I-195 surplus land, or
portions thereof, in one or more sale or lease
transactions, and in such assemblages of parcels of
such land, in such manner and upon such
terms and conditions as: (1) May be most advantageous
to the public interest which shall mean
for purposes of this section that the sale or lease of
all such surplus parcels of land at fair market
value, and the re-use and development of such parcels
will be beneficial to the city of
and the state to support or encourage workforce
development, education and training, and the
growth of “knowledge-based” jobs and industries such
as research and development, life
sciences, media technologies, entrepreneurship and
business management, design, hospitality,
software design and application, and a variety of
other uses consistent with a knowledge based
economy; and (2) Is in conformance with all applicable
laws, rules and regulations of the United
States department of transportation federal highway
administration.
(c)
(2) parcels within the city of
department of transportation, improvements to
interstate route 195,
Proposed Development Parcels, West Side, McGuire Group
Inc., Date: 03-02-06” recorded, that
will become available for beneficial reuse will,
together with abutting property already owned by
Johnson and Wales University, make up one city block
bounded by Friendship, East Franklin,
Pine, and Chestnut Streets. It is found and declared
that: (1) Said two (2) parcels are unlikely to
be attractive for development by any person or entity
other than Johnson and
due to their small and irregular shape and their
location immediately adjacent to property owned
by Johnson and
other studies, plans and reports that are a matter of
public record support the use of said two
parcels for development by Johnson and
parcels at fair market value to Johnson and
such parcels by Johnson and
to the city of
(ii) Definitions. As
used in this subsection (c), unless the context clearly indicates
otherwise:
(A) “Contract for
sale” means the contracts for sale described in subsection (vi) of this
subsection (c).
(B) “Transfer
parcels” means two (2) parcels of real property identified as parcels 31 and
36 on the plan titled: “Rhode Island Department of
Transportation, Improvements to Interstate
Route 195,
Group Inc., Date: 03-02-06.”
(C) “University”
means Johnson and
institution of higher education.
(iii) I-195 Surplus
Land. Notwithstanding the provisions of any general or special law to
the contrary the transfer parcels shall be excluded
from the provisions of chapter 42-64.14 of the
general laws.
(iv) Authorization.
The director of the
hereby directed, authorized, and empowered to sell,
transfer and convey in fee simple in the name
of and for the State of
university upon terms and conditions set forth in this
subsection.
(v) Title and survey
adjustments. The director of the
transportation is authorized to and may adjust
boundary lines, survey lines and property
descriptions with respect to the transfer parcels to
be conveyed under this subsection (c) to the
extent necessary and appropriate to accurately
describe and convey the transfer parcels with
insurable title and to otherwise fulfill the intent of
this subsection (c), provided that any such
adjustments do not substantially alter the size of any
transfer parcel.
(vi) Contract for
sale. Provided that the University and the city of
entered into an agreement providing for payments to
the city relating to the transfer parcels, the
director of the
name of and for the State of
date of such agreement between the University and the
city of
for the sale of the transfer parcels identified in
subsection (c)(ii) of this section with the
University reflecting the intent of this subsection
(c) and customary terms for commercial real
estate transactions of this nature, and containing the
following provisions:
(A) The purchase
price for the transfer parcels shall be the fair market value of the
transfer parcels at the time of conveyance.
(B) Promptly after
taking title to a parcel, the buyer shall cause such parcel to be
attractively landscaped and maintained for use as
green space until such time as development of
the parcel in accordance with this section begins.
(C) A requirement
that within the later of: (I) Twelve (12) months after the University’s
purchase of the transfer parcels; or (II) Three (3)
months after the state shall have completed
installation of normal and usual infrastructure
improvements to adequately service the transfer
parcels (including water supply, sanitary and storm
sewer connections, and provisions for all
other necessary utilities) as well as the installation
of paving, sidewalks, and curbing necessary to
reconstitute
construction within three (3) years from the
commencement of said construction, on the block
bounded by Friendship,
accept retail uses on the first floor and no part of
which will be used for student housing.
(D) A requirement
that development of the transfer parcels by the University shall be in
accordance with applicable ordinances of the city of
including, but not limited to, matters of zoning and
planning, by departments and agencies of the
city of
(d) Use of proceeds.
Upon the conveyance or lease of any parcel of I-195 surplus land as
set forth in this section or the transfer parcels
referenced in subsection (c), the received proceeds
of such sale or lease shall be used by the State of
the relocation of I-195 and work related thereto and
otherwise in conformance with all applicable
laws, rules and regulations. In accordance with the
findings of the I-195 Redevelopment Act of
2011 in chapter 42-64.14 of the general laws, use of
the anticipated proceeds from the sale of the
land is a key element of the plan of finance for
completion of the I-195 relocation project, and
vital to making the land usable for future
development.
(e) The provisions
of sections 3, 4, 5 and 9 of chapter 7 of this title, shall not be
applicable to the transactions authorized by this
section 37-5-8 which have been or hereafter may
be affected by the director of the
for the State of
of any general or special law to the contrary, no restriction
shall apply to and no further approval,
determination or action of any kind shall be required
to effect any conveyance of any real
property identified in this section by the director of
the
in the name of and for the State of
(f) Nothing herein
shall be construed to limit or modify the applicability of section 37-7-
6 to any or all of the I-195 surplus land.
SECTION
3. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:
CHAPTER
64.14
THE
I-195 REDEVELOPMENT ACT OF 2011
42-64.14-1. Short
title. -- This chapter shall be known as, “The I-195 Redevelopment
Act of 2011.”
42-64.14-2. Findings.
-- (a) The relocation of interstate route 195 within the city of
commercial, institutional and residential development
and beneficial reuse, including without
limitation to support or encourage workforce
development, education and training, and the
growth of “knowledge based” jobs and industries such
as research and development, life sciences,
media technologies, entrepreneurship and business
management, design, hospitality, software
design and application, and a variety of other uses
consistent with a knowledge based economy;
(b) Use of the
anticipated proceeds from the sale of the I-195 surplus land is a key
element of the plan of finance for completion of the
I-195 relocation project, and vital to making
the land usable for future development.
(c) The city of
reports that are a matter of public record support the
use of portions of the city of
jewelry district and portions of the surplus land
created by the relocation of interstate route 195
for development that is benefited by close proximity
to universities, hospitals, and medical
schools for the development with and by such
institutions of facilities (including without
limitation a hotel and/or conference center and
academic, medical, research and development,
commercial, residential, and parking facilities) to
support the growth of a knowledge based
economy;
(d) Several of the
parcels that will become available for beneficial reuse as a result of the
relocation of interstate route 195 are located
adjacent to or in the vicinity of properties owned and
operated by institutions of higher education;
(e) Plans are being
developed by institutions of higher education for use and development
of parcels that will be made available by the
relocation of interstate route 195; and
(f) The sale or lease
of all such surplus parcels of land at fair market value, and the re-use
and development of such parcels will be beneficial to
the city of
advantageous to the public interest.
42-64.14-3.
Purposes. – The purposes of this chapter are to:
(a) Create a state-local-private
sector partnership to plan, implement, administer, and
oversee the redevelopment of the surplus I-195
properties; and
(b) Authorize,
provide for, and facilitate the consolidated exercise of development and
redevelopment powers existing at the state and local
levels.
42-64.14-4.
Definitions. -- As used in this chapter, unless the context clearly
indicates
otherwise:
(1) “Adjusted current
employment” means, for any taxable year ending on or after
January 1, 2012, the aggregate of the average daily
number of full-time equivalent active
employees employed within the state by an eligible
company and its eligible subsidiaries during
each taxable year.
(2) “Affiliated entity”
means any corporation or other business entity owned or controlled
by the same persons or shareholders or equity holders
who own or control an eligible company.
(3) “Base employment”
means the aggregate number of full-time equivalent active
employees employed within the state by an eligible
life sciences company and its eligible life
sciences subsidiaries on January 1, 2011, or at the
election of the eligible life sciences company,
on an alternative date as provided by section
42-64.14-12. In the case of a manufacturing
company which is ruined by disaster, the aggregate
number of full-time equivalent active
employees employed at the destroyed facility would be
zero, under which circumstance the base
employment date shall be January 1 of the calendar
year in which the disaster occurred. Only one
base employment period can be elected for purposes of
a rate reduction by an eligible life
sciences company.
(4) “Disaster” means
an occurrence, natural or otherwise, which results in the destruction
of sixty percent (60%) or more of an operating
manufacturing business facility in this state,
thereby making the production of products by the
eligible life sciences company impossible and
as a result active employees of the facility are without
employment in that facility. However,
disaster does not include any damage resulting from
the willful act of the owner(s) of the
manufacturing business facility.
(5) “Eligible life
sciences company” means a business corporation, partnership, firm,
unincorporated association or other entity engaged in
life sciences research, development,
manufacturing or commercialization in the state, as
further defined in this section, and any
affiliate thereof, which is, or the members of which
are, subject to taxation.
(6) “Eligible life
sciences subsidiary” means each life sciences corporation eighty percent
(80%) or more of the outstanding equity securities of
which is owned by an eligible life sciences
company.
(7) “Full-time
equivalent active employee” means any employee of an eligible life
sciences company who:
(i)
Works a minimum of thirty (30) hours per week within the state, or two (2) or
more
part-time employees whose combined weekly hours equal
or exceed thirty (30) hours per week
within the state; and
(ii) Earns no less
than two hundred fifty percent (250%) of the hourly minimum wage
prescribed by
company qualifies for a rate reduction pursuant to
section 42-64.14-10, for purposes of this
section, two hundred fifty percent (250%) of the
hourly minimum wage prescribed by Rhode
Island law shall apply at:
(A) The time the
employee was first treated as a full-time equivalent active employee
during a tax year that the eligible life sciences
company qualified for a rate reduction pursuant to
section 42-64.14-10; or, if later,
(B) The time the
employee first earned at least two hundred fifty percent (250%) of the
hourly minimum wage prescribed by
sciences company.
(8) “Initial new
employment level” means the number of units of new employment
reported by an eligible life sciences company in 2012,
or, if applicable, the third (3rd) taxable
year following the base employment period election set
forth in section 42-64.14-12.
(9) “Life sciences”
means in advanced and applied sciences that expand the
understanding of human physiology and have the
potential to lead to medical advances or
therapeutic applications including, but not limited
to, agricultural biotechnology, biogenerics,
bioinformatics, biomedical engineering,
biopharmaceuticals, biotechnology, chemical synthesis,
chemistry technology, diagnostics, genomics, image
analysis, marine biology, marine technology,
medical devices, nanotechnology, natural product
pharmaceuticals, proteomics, regenerative
medicine, RNA interference, stem cell research,
veterinary science or computer and information
technology. An eligible company does not have to be in
existence, be qualified to do business in
the state or have any employees in this state at the
time its base employment is determined.
(10) “New employment”
means for each taxable year the amount of adjusted current
employment for each taxable year minus the amount of
base employment, but in no event less
than zero (0); provided, however, no eligible company
is permitted to transfer, assign or hire
employees who are already employed within the state by
such eligible company from itself or any
affiliated entity or utilize any other artifice or
device for the purpose of artificially creating new
employees in order to qualify for the rate reduction provided
for in this chapter.
New employment shall
not include employees already employed in this state who
become employees of an eligible life sciences company
as a result of an acquisition of an existing
company by purchase, merger, or otherwise, if the
existing company was eligible for a rate
reduction. In the case of a manufacturing company that
suffers a disaster, it shall mean any
employment retained or added as the result of
reconstruction of the manufacturing facility.
(11) “Rate reduction”
means the reduction in tax rate specified in section 42-64.14-11.
(12) “Small business
concern” means any eligible life sciences company which has a
base employment level of less than one hundred (100).
(13) “State” means
the State of
(14) “Total
employment” for an eligible life sciences company as of any date means the
total number of full-time equivalent active employees
employed within the state by the eligible
life sciences company and its eligible life sciences
subsidiaries on such date.
(15) “Units of new
employment” means:
(i)
For eligible life sciences companies which are not small business concerns, the
number of full-time equivalent active employees
divided by fifty (50), rounded down to the
nearest multiple of fifty (50); and
(ii) For eligible
life sciences companies which are small business concerns the amount of
new employment divided by ten (10), rounded down to
the nearest multiple of ten (10); provided,
however, that an eligible life sciences company with
adjusted current employment of one hundred
(100) or more employees in its first year of operation
or in any other period following the date its
base employment is determined shall determine its
units of new employment by dividing the first
one hundred (100) employees less its base employment
by ten (10), rounded down to the nearest
multiple of ten (10), and by dividing the number of
additional employees in excess of one
hundred (100) by fifty (50), rounded down to the
nearest multiple of fifty (50).
42-64.14-5. The
I-195 redevelopment district created. – (a) The I-195 redevelopment
district is hereby constituted as an independent
public instrumentality and body corporate and
politic for the purposes set forth in this chapter
with a separate legal existence from the city of
chapter shall be deemed and held to be the performance
of an essential public function. The
boundaries of the district are established in 37-5-8.
However, parcels P2 and P4, as delineated on
that certain plan of land captioned “Improvements to
Island, Proposed Development Parcel Plans 1 through
10, Scale: 1”=20’, May 2010, Bryant
Associates, Inc., Engineers-Surveyors-Construction
Managers, Lincoln, RI, Maguire Group, Inc.,
Architects/Engineers/Planners, Providence, RI,” shall
be developed and continued to be used as
parks or park supporting activity provided, however,
that the city of
responsible for the upkeep of the parks unless a
memorandum of understanding is entered into
between the commission or the state and the city of
for that purpose.
(b) The I-195
redevelopment district commission established in this chapter shall oversee,
plan, implement, and administer the development of the
areas within the district consistent with
and subject to the city of
2.1 et seq. and the city of
previously enacted by the city of
time through July 1, 2012, or enacted and/or amended
thereafter with the consent of the
commission.
(c) The city of
of any public or private utility infrastructure within
the district.
(d) It is the intent
of the general assembly by the passage of this chapter to vest in the
commission all powers, authority, rights, privileges,
and titles which may be necessary to enable
it to accomplish the purposes herein set forth, and
this chapter and the powers granted hereby
shall be liberally construed in conformity with those
purposes.
42-64.14-6. The
I-195 redevelopment district commission. – The powers of the
district
to achieve the purposes of this chapter shall be
exercised by a commission as herein provided:
The I-195
redevelopment district commission shall consist of seven (7) voting members.
The governor of the State of
senate, the seven (7) voting members of the
commission.
The mayor of the city
of
submit to the governor a list of names of at least six
(6) individuals which the governor shall give
due consideration to appointing three (3) individuals
from the list. The speaker of the house of
representatives shall within thirty (30) days of
passage of this act submit to the governor a list of
names of three (3) individuals of which the governor shall
give due consideration to appointing
one individual from the list. The governor shall also
appoint three (3) individuals without regard
to the lists submitted by the mayor of the city of
representatives and the governor shall designate one
of the members to serve as chairperson of
the commission. The governor shall within forty (40)
days of passage of this act submit to the
senate for advice and consent the initial list of
individuals for appointment to the commission
including any individuals appointed by the governor
from the lists presented by the mayor of the
city of
in this subsection.
Three (3) members
shall be appointed for a term of two (2) years; three (3) members shall
be appointed for a term of three (3) years; and one
member, who shall be the chair, shall be
appointed for a term of four (4) years. Appointments
made thereafter shall be for four (4) year
terms. Any vacancy occurring in the commission shall
be filled by the governor of the State of
by recommendation of the mayor of the city of
representatives being selected from a similar prepared
list from those parties. A member
appointed to fill a vacancy of a director appointed by
the governor of the State of
shall be appointed for the unexpired portion of the
term of office of the member whose vacancy is
to be filled. Members of the commission whose terms
expire shall continue to serve until their
successors are appointed and qualified.
In addition to these
voting members, there shall be two (2) ex officio, non-voting
members as follows: the city of
executive director of the
(b) The commissioners
shall receive no compensation for the performance of their duties
under this chapter, but each commissioner may be
reimbursed for his or her reasonable expenses
incurred in carrying out those duties, however said reimbursement
must be approved at a public
meeting of the commission. A commissioner may engage
in private employment, or in a
profession or business.
(c) The chairperson
shall designate a vice chairperson from the commission who shall
serve at the pleasure of the chairperson. Four (4)
voting commissioners shall constitute a quorum,
and any action to be taken by the commission under the
provisions of this chapter may be
authorized by resolution approved by a majority of the
commissioners present and entitled to vote
at any regular or special meeting at which a quorum is
present. A vacancy in the membership of
the commission shall not impair the right of a quorum
to exercise all of the rights and perform all
of the duties of the commission. Notwithstanding
anything in this chapter to the contrary, in the
event that a vacancy is not filled within thirty (30)
days of such vacancy, a quorum shall be
deemed to exist with a majority of the then duly
authorized voting commissioners present.
(d) The commission
shall appoint a secretary and such additional officers and staff
members as they shall deem appropriate and shall
determine the amount of reasonable
compensation, if any, each shall receive. The chair
shall appoint the executive director with the
approval of the commission provided that the position
of the executive director must be
advertised and the appointment must be approved at a
public meeting of the commission. The
commission may vest in an executive director or the
director's subordinates the authority to
recommend additional staff members and to determine
the amount of compensation each
individual shall receive, which shall then be approved
by the commission at a public meeting.
(e) No full-time
employee shall during the period of his or her employment by the
commission engage in any other private employment,
profession, or business, except with the
approval of the commissioners.
(f) Any action taken
by the commission under the provisions of this chapter may be
authorized by vote at any regular or special meeting,
and each vote shall take effect immediately,
unless otherwise expressly indicated by the
commission.
(g) Employees of the
commission shall not, by reason of their employment, be deemed to
be employees of the state or the city for any purpose,
any other provision of the general laws,
charter, or ordinance to the contrary notwithstanding
except for the provisions of the ethics code
as set forth in
entitled to or accrue pension benefits with the city
of
employment.
42-64.14-7. Powers
and duties of the commission. – The commission shall have all the
rights and powers reasonably necessary to carry out
and effectuate this chapter, including,
including, but not limited to, the rights and powers:
(1) To sue and be
sued, complain and defend, in its corporate name.
(2) To have a seal
which may be altered at pleasure and to use the seal by causing it, or a
facsimile of the seal, to be impressed or affixed, or
in any other manner reproduced.
(3) To purchase,
take, receive, lease, or otherwise acquire, own, hold, improve, use, and
otherwise deal in and with, real or personal property,
or any interest in real or personal property,
wherever situated.
(4) To acquire and to
dispose of real property, subject to the provisions of this chapter,
without the necessity of obtaining the approval of the
state properties committee or otherwise
complying with the provisions of title 37.
(5) To sell, convey,
mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
all or any part of its property and assets for any consideration
and upon any terms and conditions
as the commission shall determine.
(6) To make contracts
and guarantees and incur liabilities, borrow money at any rates of
interest as the commission may determine.
(7) To make and
execute agreements of lease, conditional sales contracts, installment
sales contracts, loan agreements, mortgages,
construction contracts, operation contracts, and other
contracts and instruments necessary or convenient in
the exercise of the powers and functions of
the commission granted by this chapter.
(8) To invest and
reinvest its funds, and at its option to take and hold real and personal
property as security for the payment of funds so
loaned or invested.
(9) To acquire or
contract to acquire, from any person, firm, corporation, municipality,
the federal government, or the state, or any agency of
either the federal government or the state,
by grant, purchase, lease, gift, condemnation, or
otherwise, or to obtain options for the acquisition
of any property, real or personal, improved or
unimproved, and interests in land less than the fee
thereof; and to own, hold, clear, improve, develop,
and rehabilitate, and to sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose
or encumber that property for the
purposes of carrying out the provisions and intent of
this chapter, for any consideration as the
commission shall determine, and with the approval of
the commission to retain a master
developer for all or any portion of a project. Any
master developer position shall be subject to
advertising and solicitation of applicants shall be
approved at a duly posted public meeting of the
commission.
(10) To conduct its
activities, carry on its operations, and have offices and exercise the
powers granted by this chapter, within the state.
(11) To make and
alter by-laws, not inconsistent with this chapter, for the administration
and regulation of the affairs of the district
(12) To be a
promoter, partner, member, associate, or manager of any partnership,
enterprise, or venture within the district and to
engage in promotional, marketing, and similar
activities for the benefit of the district.
(13) To enter into
contracts, agreements, and cooperative agreements with the city and its
agencies and instrumentalities and the State and its
agencies and instrumentalities for the sharing
of personnel and other resources.
(14) To have and
exercise all powers reasonably necessary to effect its purposes;
provided, however, that the commission shall not have
any power to create, empower or
otherwise establish any corporation, subsidiary
corporation, corporate body, any form of
partnership, or any other separate entity without the
express approval and authorization of the
general assembly.
42-64.14-8.
Additional general powers. – In addition to the powers of the
commission
otherwise provided herein, the commission shall have
the powers set forth below and shall be
subject to the limitations herein set forth. Except as
may be expressly limited by action of the
commission at a regular or special meeting, the
commission shall have the powers necessary to
put into effect the powers of the commission as set
forth below and as herein limited.
(a) The commission is
authorized and empowered to fix, revise, charge, collect, and abate
fees, rates, assessments, delinquency charges, and
other charges for its services, and other
services, facilities, and commodities furnished or
supplied by it including penalties for violations
of such regulations as the commission may from time to
time promulgate under this chapter.
Fees, rates, assessments, delinquency charges, and
other charges of general application shall be
adopted and revised by the commission in accordance
with procedures to be established by the
commission for assuring that interested persons are
afforded notice and an opportunity to present
data, views, and arguments. The commission shall hold
at least one public hearing on its schedule
of fees, rates, and charges or any revision thereof
prior to adoption, notice of which shall be
published in a newspaper of substantial circulation in
the district at least fifteen (15) days in
advance of the hearing, and notice of the hearing
shall be provided to the city council of the city
of
the public the proposed schedule of fees, rates, and
charges. Fees, rates, rents, assessments,
abatements, and other charges established by the
commission shall not be subject to supervision
or regulation by any department, division, district,
board, bureau, or agency of the state or any of
its political subdivisions. In order to provide for
the collection and enforcement of its fees, rates,
rents, assessments, and other charges, the commission
is hereby granted all the powers and
privileges with respect to such collection and
enforcement held by the city of liens for unpaid
taxes. Provided however that the commission shall be
required to collect all project application
fees, zoning fees and charges, building permit fees,
fire code compliance or other public safety
permit fees or charges, planning fees, historic
district fees and charges, and other similar fees and
charges that would otherwise be payable to the city of
projects located in the city of
collected by the commission to the city of
The city of
development and maintenance within the district as
uniformly applied throughout the city of
Providence, including, but not limited to, utility
tie-in, connection fees, maintenance fees and
assessments.
(b) Notwithstanding any
provision of law to the contrary, in order to provide for the
consolidated, coordinated, efficient and effective
exercise of public development powers affecting
or benefiting the city of
in section 37-5-8, the commission shall have the
powers of:
(i)
A special development district as provided for in chapter 45-24.4.
(ii) A redevelopment
agency as provided for in chapters 45-31, 45-31.1, 45-31.2, 45-32,
and 45-33 within areas of the district which are part
of an enterprise zone as provided for in
chapter 42-64.3. Within the district, the term
“blighted area and substandard area” shall be
deemed to include areas where the presence of
hazardous materials, as defined in section 23-
19.14-2, impairs the use, reuse, or redevelopment of
impacted sites.
(iii) A municipal
public buildings authority as provided for in chapter 45-50.
(iv) A subsidiary of
the
enactment of this chapter shall constitute the
approval of the general assembly as required by
section 42-64-7.1.
(v) The city planning
board as established pursuant to chapter 45-23.
(vi) The city zoning
board as established pursuant to chapter 45-24, including, but not
limited to, the granting of any use or dimensional
variances or special use permits.
(vii) The city
historic district commission established pursuant to chapter 45-24.1.
(viii) Any other city
board existing or created that exercises any of the authorities of a
planning board, zoning board, design review board or
historic district commission. Provided,
however, and notwithstanding the foregoing, the
commission shall at all times ensure that all
projects and development subject to the jurisdiction
of the commission are consistent with and
subject to the city of
22-2.1 et seq. and the city of
as previously enacted by the city of
time to time through July 1, 2012, or enacted and/or
amended thereafter with the consent of the
commission.
(3) For the benefit of
the district, the commission shall have the power to enter into
agreements with the
city of
(i)
The exercise of powers for tax increment financing as provided for in chapter
45-33.2;
(ii) The imposition
of impact fees as provided for in chapter 45-22.4 in order to provide
infrastructure capacity to or make physical
improvements within the district; or
(iii) Approval within
the district of a district management authority as provided for in
chapter 45-59, for purposes of undertaking activities
consistent with the approved plans for the
district adopted pursuant to section 42-64.14-8.
(4) Title and survey
adjustments. The commission is authorized to adjust boundary lines,
survey lines and property descriptions of the parcels
of land comprising the I-195 surplus land as
may be necessary or appropriate to facilitate or
enhance project design plans and for the location
and/or relocation of city streets, utility corridors,
easements and rights-of-way.
(5) The commission is
authorized and empowered, in the name of and for the State of
Rhode Island, to enter into contracts for the sale,
transfer or conveyance, in fee simple, by lease
or otherwise of the any of the I-195 Surplus lands
identified in section 37-5-8 in order to achieve
the purposes of this chapter and customary terms for
commercial real estate transactions of this
nature, and containing the following provisions:
(i)
The terms for each parcel shall be the fair market value of such parcel at the
time of
conveyance as determined by the commission.
(ii) As a condition
to the sale, lease or other transfer of each parcel or any portion thereof,
any buyer, tenant or transferee that is a
not-for-profit, organization or entity that is otherwise
exempt from municipal real estate taxes, including,
without limitation, any independent public
instrumentality, governmental or quasi governmental
agency, body, division, or official, or any
affiliate or subsidiary thereof, shall have entered
into an agreement for payments to the city in
accordance with section 42-64.14-14 relating to tax
exempt parcels, or such other things
acceptable to the city.
(iii) Promptly after
taking title to a parcel, the buyer shall cause such parcel to be
attractively landscaped and maintained for use as
green space until such time as development of
the parcel in accordance with this section begins.
(iv) Development of
the parcels, as appropriate, shall be in accordance with the findings
set forth in this chapter and with the buyer’s
approved development plan for the identified
parcels, as the same may be amended from time to time
with the approval of the commission.
(v) As a condition to
the contract for the sale, lease, transfer or conveyance an approved
development plan shall include a construction schedule
that shall commence within twelve (12)
months from the effective date of the contract and all
construction shall be complete within three
(3) years from the commencement of said construction
unless otherwise amended and approved
by the commission at a duly posted public meeting of
the commission.
(6) Notwithstanding
any provision of this chapter 42-64.14 or any other law to the
contrary, the commission shall exercise all powers
authorized by sections 42-64.14-7 and 42-
64.14-8 in a manner consistent with and subject to the
city of
adopted by the city pursuant to 45-22-2.1 et seq. and
the city of
pursuant to 45-24-27 et seq. as previously enacted by
the city of
enacted and/or amended from time to time through July
1, 2012, or enacted thereafter with the
consent of the commission.
(7) Under no circumstances
shall the commission establish, authorize, zone, plan, or
permit in the district a so-called “casino” or any
form of gambling, including but not limited to
those activities governed by title 41 of the
or any lotteries whatsoever except for the sale of
lottery tickets pursuant to title 42, section 61 of
the general laws. Furthermore, upon conveyance, but in
any event before approving any project,
development, or redevelopment, the commission shall
ensure that a deed restriction, running to
the benefit of the city of
effectuating and memorializing such restriction. The
aforementioned restriction shall run with the
land and be binding upon all successors and assign.
Any deed restriction conveyed to the state
pursuant to this subsection may be waived only by
statute, resolution or other action by the
general assembly which complies with the
constitutional requirements for the expansion of
gambling.
42-64.14-9. I-195
redevelopment life sciences jobs incentives programs. – (a) There
shall be established a life sciences jobs incentive
program which shall be administered by the I-
195 redevelopment commission. The purpose of the
program shall be to promote life sciences-
related employment opportunities in the I-195
redevelopment district and to encourage health-
related innovations by supporting and stimulating
research and development, manufacturing and
commercialization in the life sciences. Life sciences
companies certified pursuant to subsection
(b) shall be eligible for participation in the
program.
(b) The commission
may, upon a majority vote of the commission, certify a life sciences
company, as defined by section 42-64.14-4 upon the
timely receipt, as determined by the
commission, of a certification proposal, which shall
be treated as proprietary and confidential
information, supported by independently verifiable information,
signed under the pains and
penalties of perjury by a person expressly authorized
to contract on behalf of the life sciences
company and which shall include, but not be limited
to, an estimate of the projected new state
revenue the life sciences company expects to generate
during the period for which the company
seeks certification, together with a plan, including:
(1) Precise goals and
objectives, by which the life sciences company proposes to achieve
the projected new state revenue, including for each
tax year;
(2) An estimate of
new commercial revenue that the state would not otherwise have
received;
(3) An estimate of
the number of permanent full-time employees to be hired;
(4) An estimate of
the year in which the company expects to hire the employees;
(5) An estimate of
the projected average salaries of said employees;
(6) An estimate of
the projected taxable income pursuant to chapter 44-30 generated by
said employees; and
(7) An estimate of
the methods by which the company shall obtain new employees and
pursue a diverse workforce.
(c) A certified life
sciences company may, upon a majority vote of the commission and
without further approval of the economic development
corporation established pursuant to
chapter 64 of this title, be eligible for the
following benefits which shall be awarded by the
commission:
(1) Benefits from the
life sciences jobs incentive program established by this section;
(2) Innovation investment
tax credit established pursuant to chapter 44-63, with this
section satisfying the eligibility determination in
section 3 of chapter 44-63;
(3) Research and
development expense credit established pursuant to chapter 44-32;
(4) Research and
development property credit established pursuant to chapter 44-32; and
(5) Elective
deduction for research and development facilities established pursuant to
chapter 44-32;
(d) (1) Certification
granted pursuant to subsection (b) shall be valid for ten (10) years
starting with the tax year in which certification is
granted. Each certified life sciences company
shall file an annual report with the commission
detailing whether it has met the specific targets
established in the proposal pursuant to subsection
(b).
(2) The certification
of a life sciences company may be revoked by the commission after
an investigation by the division of taxation and
determination that representations made by the
certified life sciences company in its certification
proposal are materially at variance with the
conduct of the life sciences company after receiving
certification; provided, however, that the
commission shall review the certified life sciences
company at least annually; provided, further,
that a project with an actual return on investment
that is less than seventy percent (70%) of the
return on investment projected in the certification
proposal shall be deemed to contain a material
variance for a revocation determination. If the
commission determines not to revoke certification
upon a finding that the actual return on investment
for the project is less than seventy percent
(70%), the commission shall provide its reasons for
the decision in writing to the tax
administrator, the governor, speaker of the house of
representatives and the president of the
senate. The commission shall post these reasons on the
Internet for public access.
(3) Under this
subsection, revocation shall take effect on the first day of the tax year in
which the commission determines that a material
variance commenced. The tax administrator
shall, as of the effective date of the revocation,
disallow any credits, exemptions or other tax
benefits allowed by the original certification of tax
benefits under this section. The division of
taxation shall issue regulations to recapture the
value of any credits, exemptions or other tax
benefits allowed by the certification under this
section. If the original certification allowed sales
and use tax exemptions pursuant to section 44-18-30 or
were granted project status as defined in
section 42-64-10 by the commission, the purchaser
shall accrue use tax as of the date of
revocation on a portion of the sales price on which
exemption was claimed that is proportionate to
the remaining useful life of the property.
(4) Nothing in this
subsection shall limit any legal remedies available to the state against
any certified life sciences company.
(e) The commission
shall revoke the certification of a life sciences company when
independent investigations conducted in two (2)
consecutive years determine that representations
made by the life sciences company in its project
proposal are deemed materially at variance,
pursuant to paragraph (2) of subsection (d).
(f) No taxpayer may
simultaneously utilize the tax provisions of this chapter and the tax
provisions of title 42, chapter 64.5 of the general
laws.
(g) The commission,
in consultation with the division of taxation, shall promulgate rules,
regulations or guidelines necessary to carry out the
provisions of this section.
42-64.14-10. Life
sciences tax rate reduction. – The rate of tax payable by an
eligible
life sciences company and each of its eligible
subsidiaries for any taxable year beginning on or
after January 1, 2011, on its net income pursuant to
the provisions of subsection 44-11-2 (a), shall
be reduced by the amount specified in section
42-64.14-11; this rate reduction shall be applied
annually once to those eligible life sciences
companies which are permitted by law to file a
consolidated state tax return and in the case of
eligible companies not permitted by law to file
consolidated state tax returns, then the rate reduction
shall be applied annually to each eligible life
sciences company and its eligible subsidiaries;
provided, however, should any eligible life
sciences company fail to maintain in any taxable year
after 2014 or, if applicable, the third
taxable year following the base employment period
election set forth in section 42-64.14-12, the
number of units of new employment it reported for its
2014 tax year or, if applicable, the third
taxable year following the base employment period
election set forth in section 42-64.14-12, the
rate reduction provided for in this chapter shall
expire permanently.
42-64.14-11.
Reduction rate schedule. – The amount of the rate reduction
specified in
section 42-64.14-10 for any eligible life sciences company
for each taxable year beginning on or
after January 1, 2012, shall be based upon the
aggregate amount of new employment of the
eligible life sciences company and its eligible
subsidiaries for each taxable year, and shall be
determined by multiplying the numerical equivalent of
one-quarter of one percent (.25%) by the
number of units of new employment for each taxable
year through the taxable year ending in
2014 or, if applicable, the third taxable year
following the base employment period election set
forth in section 42-64.14-12; and for each taxable
year thereafter, the number of units of new
employment reported for the taxable year 2014 or, if
applicable, the third taxable year following
the base employment period election set forth in section
42-64.14-12; provided, however, the
amount of each rate reduction shall in no event be
lower than three percent (3%).
42-64.14-12.
Election. – (a) An eligible life sciences company may elect to
determine its
“base employment” for the purposes of this chapter on
January 1 of any year subsequent to 2011,
rather than on January 1, 2011. As a result of
the election, rules comparable to those set forth
elsewhere in this chapter shall be applied to
determine the rate reduction available for each of the
three (3) taxable years following the first
anniversary of the date the eligible life sciences
company elected to use to determine its “base
employment” and for the taxable years following
that three (3) year period. This election: (1) Shall
be made in a manner that may be determined by
the tax administrator; and (2) Shall not be available
to an eligible company that previously
claimed a rate reduction under this chapter.
(b) The commission
shall make no determination under subsection (a) of this section until
it has first prepared and publicly released an
analysis of the impact the proposed investment will
or may have on the state. The analysis shall be
supported by appropriate data and documentation
and shall consider, but not be limited to, the
following factors:
(1) The impact on the
industry or industries in which the applicant will be involved;
(2) State fiscal
matters, including the state budget (revenues and expenses);
(3) The financial
exposure of the taxpayers of the state under the plans for the proposed
investment and negative foreseeable contingencies that
may arise therefrom;
(4) The approximate
number of full-time, part-time, temporary, seasonal and/or
permanent jobs projected to be created, construction
and non-construction;
(5) Identification of
geographic sources of the staffing for identified jobs;
(6) The projected
duration of the identified construction jobs;
(7) The approximate wage
rates for each category of the identified jobs;
(8) The types of
fringe benefits to be provided with the identified jobs, including
healthcare insurance and any retirement benefits;
(9) The projected
fiscal impact on increased personal income taxes to the State of
Island; and
(10) The description
of any plan or process intended to stimulate hiring from the host
community, training of employees or potential
employees, and outreach to minority job
applicants and minority businesses.
(c) The commission
shall monitor every impact analysis it completes through the duration
of any approved tax credit.
42-64.14-13.
Planning, permitting, appeals and development. – (a) The commission
shall exercise its powers in a manner consistent with
development plans approved for the I-195
redevelopment district by the commission. Such plans
may be prepared without limitation by the
commission in order to achieve the purposes of this
chapter. Development in the district, whether
by the commission or otherwise shall be subject to the
plans prepared by the commission and the
commission plans shall be consistent with the city of
the city pursuant to 45-22-2.1 et seq. and the city of
section 45-24-27 et seq. as previously enacted by the
city of
be enacted and/or amended from time to time through
July 1, 2012, or enacted thereafter with the
consent of the commission. Approved plans for the
I-195 redevelopment district may be
considered, in whole or part as appropriate, for
adoption as an element of the state guide plan by
the state planning council, but shall not be subject
to the state guide plan or any other approval
provisions related thereto.
(b) The commission
shall serve as the sole permitting authority for all development
within the district, as defined in section 37-5-7,
pursuant to the powers granted to the commission
by sections 42-64.14-7 and 42-64.14-8 of this chapter.
The state fire marshal and the state
building code commissioner shall issue any necessary
permits related to fire safety and building
code compliance respectively. The commission shall
seek the cooperation of the state building
code commissioner and the state fire marshal to
expedite all necessary permits and approvals for
development within the district.
(c) The commission
shall have authority to approve and/or mandate an accelerated plan
review process, which may include the implementation
of phased and/or fast-track development,
which is defined as the initiation of development
prior to final issuance of all permits and
approvals and/or the completion of final project
design and construction plans.
(d) The commission
shall create for the redevelopment of its properties and parcels sold
by its design guidelines in consultation with the
state historic preservation officer.
(e) All appeals
timely filed pursuant to chapter 42-35 of the general laws entitled the
Administrative Procedures Act with the
approvals shall be accelerated and given priority and
advanced on the calendar of the Rhode
Island superior court.
(f) Under no
circumstances shall the commission establish, authorize, zone, plan, or
permit in the district a so-called “casino” or any
form of gambling, including but not limited to
those activities governed by title 41 of the
or any lotteries whatsoever except for the sale of
lottery tickets pursuant to title 42, section 61 of
the general laws. Furthermore, upon conveyance, but in
any event before approving any project,
development, or redevelopment, the commission shall
ensure that a deed restriction, running to
the benefit of the city of
effectuating and memorializing such restriction. The
aforementioned restriction shall run with the
land and be binding upon all successors and assign.
Any deed restriction conveyed to the state
pursuant to this subsection may be waived only by
statute, resolution or other action by the
general assembly which complies with the constitutional
requirements for the expansion of
gambling.
42-64.14-14.
Payments. – The commission shall make as a condition to the sale or
lease
of any parcel of I-195 surplus land, as defined in
section 37-5-8, or any portion thereof, to any
not-for-profit, organization or entity that is
otherwise exempt from municipal real estate taxes
including, without limitation, any independent public
instrumentality, governmental or quasi
governmental agency, body, division, or official, or
any affiliate or subsidiary thereof, that the
purchaser or lessee, as applicable, shall make
payments to the city relating to any parcel of I-195
surplus land to be purchased or leased by such
not-for-profit, or tax exempt organization or
institution. If no such agreement has been reached
with the city of
authorized to complete the sale; however, in
consideration for the purchase or lease of any parcel
of the I-195 surplus land, the not-for-profit or
tax-exempt organization or institution shall make
payments to the city of
with regard to the subject parcel including, but not
limited to, any improvements constructed
thereon by the purchaser or lessee; provided, however,
that the obligation to make such payments
shall cease in the event all or any portion of or any
improvement on the subject parcel(s) is
subject to any tax by the city of
tax, user fee, or otherwise (regardless of the basis
on which such tax or fee is calculated) or any
other obligation that has the effect of such tax.
42-64.14-15.
Abutting properties. – When a development plan is proposed that
includes
properties from both the I-195 surplus land and
abutting property, and there is actual or
contemplated identical ownership of both the I-195
surplus land and the abutting property, then
the abutting property shall be subject to all of the
powers and authority of the commission
pursuant to sections 42-64.14-7 and 42-64.14-8 and
shall not be subject to any local review,
approval and permitting authority provided that: (a)
The
by enactment of a local ordinance the jurisdiction of
the commission over abutting properties, and
(b) Notwithstanding any provision of this chapter
42-64.14 or any other law to the contrary, the
commission shall exercise its authority in a manner
consistent with and subject to the city of
Providence, and as may be enacted and/or amended from time
to time through July 1, 2012, or
enacted thereafter with the consent of the commission.
For purposes of this act “abutting
property” shall mean property that shares property
lines but does not include property across a
public street.
42-64.14-16.
Records; reports; inspection. – The commission shall at all times
keep full
and accurate accounts of its receipts, expenditures,
disbursements, assets, and liabilities, which
shall be open to inspection by any officer or duly
appointed agent of the state or the city. The
commission shall report annually on: (1) Its finances;
(2) On the activities undertaken, the
progress made in meeting goals and objectives set
forth in its plans, and its proposed activities for
the next year; and, (3) The name, address, and amount
of tax credit received for each taxpayer
during the previous state fiscal year. Copies of these
reports shall be submitted to the governor,
the speaker of the house, the president of the senate,
the chairpersons of the house and senate
finance committees, the tax administrator and the
mayor of the city of
commission shall conform to the open meetings law,
chapter 42-46, the administrative procedures
act, chapter 42-35 and the open records law, chapter 38-2,
in the same manner as required of the
city, and, the commission and the employees of the
commission shall be subject to the code of
ethics set forth in chapter 36-14.
42-64.14-17.
Termination or dissolution of district. – Upon termination or dissolution
of the district, the title to all funds and other
properties owned by it which remain after payment
of all bonds and notes and other obligations and
liabilities of the district shall vest in the
corporation
42-64.14-18.
Inconsistent laws or ordinance inoperative. – Except as otherwise
provided herein, any provisions of any special law and
part of any special law and all ordinances
and parts of ordinances pertaining to development
within the district which are inconsistent with
the provisions of this chapter shall be inoperative
and cease to be effective. The provisions of this
chapter shall be deemed to provide an exclusive,
additional, alternative, and complete method for
the doing of the things authorized hereby and shall be
deemed and construed to be supplemental
and additional to, and not in derogation of, powers
conferred upon the commission by law and on
the city by its charter; provided, however, that
insofar as the express provisions of this chapter are
inconsistent with the provisions of any general or
special law, administrative order or regulation,
or ordinance of the city, the provisions of this
chapter shall be controlling.
42-64.14-19.
Pledge not to alter rights of district. – The state does hereby
pledge to and
agree with the holders of the bonds, notes, and other
evidences of indebtedness of the commission
that the state and the city will not limit or alter
rights hereby vested in the commission, which
affect the capacity or ability of the commission to
meet its obligations regarding bonds, notes or
other forms of indebtedness, until the bonds, notes,
or other evidences of indebtedness, together
with interest thereon, with interest on any unpaid
installment of interest and all costs and
expenses in connection with any actions or proceedings
by or on behalf of the bondholders and
noteholders, are fully met and discharged.
42-64.14-20.
Construction. – This chapter is deemed necessary for the welfare of
the
state and its inhabitants and shall be liberally
construed so as to effectuate its purposes. Insofar as
the provisions of this chapter are inconsistent with
the provisions of any law or ordinance,
general, special or local, the provision of this
chapter shall be controlling.
42-64.14-21.
Sunset. – (a) The provisions of section 42-64.14-9, I-195
redevelopment
district life sciences jobs incentives program shall
sunset on December 31, 2021. If an eligible life
sciences company that was established in the district
and participated in the life sciences jobs
incentive program on or before December 31, 2021,
maintained the qualifications to be certified
with the commission, then the tax credits acquired by
the company shall remain valid for ten (10)
years from the date of qualification.
(b) The provisions of
this chapter shall sunset when one hundred percent (100%) of the
properties have been developed and sold or twenty-one
(21) years from the date of enactment,
whichever is earlier. All authority vested in the
commission shall dissolve and all local and state
authority granted to the commission in sections
42-64.14-7 and 42-64.14-8 shall revert to the
appropriate state or municipal authority. In the event
that the commission retains ownership in
properties at the time of sunset the ownership of said
parcels shall revert to the economic
development corporation and any leases of parcels
shall transfer and be held by the corporation.
All procedures to dissolve the commission shall be in accordance
with 42-64-7.3.
42-64.14-22.
Severability. – If any clause, sentence, paragraph, section or part
of this
chapter shall be judged by any court or competent
jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder
thereof, but it shall be confined in its operation of
the clause, sentence, paragraph, section or part
directly involved in the controversy in which that
judgment shall have been rendered. Notwithstanding the
foregoing, in the event that any term or
provision of section 42-64.14-6 is judged by any court
of competent jurisdiction to be invalid, the
general assembly shall promptly act to address such
clause, section, sentence, paragraph, or part
directly involved in which the subject judgment shall
have been rendered so as to provide, as near
as practicable, the result originally intended by such
clause, section, sentence, paragraph or part
without running contrary to such judgment.
SECTION
4. Section 42-64-7.1 of the General Laws in Chapter 42-64 entitled “Rhode
Island Economic Development
Corporation” is hereby amended to read as follows:
42-64-7.1.
Subsidiaries. -- (a) (1) The parent corporation shall have the right to
exercise
and perform its powers and functions, or any of them,
through one or more subsidiary
corporations whose creation shall be approved and
authorized by the general assembly.
(2) (i) Express approval and authorization of the general
assembly shall be deemed to
have been given for all legal purposes on July 1, 1995
for the creation and lawful management of
a subsidiary corporation created for the management of
the Quonset Point/Davisville Industrial
Park, that subsidiary corporation being managed by a
board of directors, the members of which
shall be constituted as follows: (A) two (2) members
who shall be appointed by the town council
of the town of
governor; (D) the chairperson, who shall be the
executive director of the
development corporation; and (E) non-voting members,
who shall include the members of the
general assembly whose districts are comprised in any
part by areas located within the town of
North Kingstown and one non-voting member who shall be
a resident of the town of
appointed by the town council of the town of
authorization from the general assembly, the parent
corporation by resolution of the board of
directors may direct any of its directors, officers,
or employees to create subsidiary corporations
pursuant to chapter 1.2 or 6 of title 7 or in the
manner described in subsection (b); provided, that
the parent corporation shall not have any power or
authority to create, empower or otherwise
establish any corporation, subsidiary corporation,
corporate body or any form of partnership or
any other separate entity, without the express
approval and authorization of the general assembly.
(ii) The approval and
authorization provided herein shall terminate upon the
establishment of the Quonset Development Corporation
as provided for in chapter 64.10 of this
title.
(iii) The Quonset
Development Corporation shall be deemed a subsidiary of the Rhode
Island economic development corporation:
(A) As set forth in
section 42-64.10-6(c); and
(B) Insofar as it
exercises any powers and duties delegated to it by the corporation
pursuant to this chapter for any project other than on
real and personal property owned, leased or
under the control of the corporation located in the
town of
shall be deemed to have authority to delegate any of its
powers, with the exception of the power
to issue any form of negotiable bonds or notes and the
power of eminent domain, in order to
accomplish the purposes of chapter 64.10 of this
title; provided, however, that the corporation
may, as provided for in this chapter, issue bonds or
exercise the power of eminent domain on
behalf of the Quonset Development Corporation or to
undertake a project of the Quonset
Development Corporation.
(b) As used in this
section, "subsidiary public corporation" means a corporation created
pursuant to the provisions of this section. The person
or persons directed by the resolution
referred to in subsection (a) shall prepare articles
of incorporation setting forth: (1) the name of
the subsidiary public corporation; (2) the period of
duration, which may be perpetual; (3) the
purpose or purposes for which the subsidiary public
corporation is organized which shall not be
more extensive than the purposes of the corporation
set forth in section 42-64-5; (4) the number
of directors (which may, but need not be, more than
one) constituting the initial board of directors
and their names and business or residence addresses;
(5) the name and business or residence
address of the person preparing the articles of
incorporation; (6) the date when corporate
existence shall begin (which shall not be earlier than
the filing of the articles of incorporation
with the secretary of state as provided in this
subsection); (7) any provision, not inconsistent with
law, which the board of directors elect to set forth
in the articles of incorporation for the
regulation of the internal affairs of the subsidiary
public corporation; and (8) a reference to the
form of authorization and approval by the general
assembly and to the resolution of the board of
directors authorizing the preparation of the articles
of incorporation. Duplicate originals of the
articles of incorporation shall be delivered to the
secretary of state. If the secretary of state finds
that the articles of incorporation conform to the
provisions of this subsection, the secretary shall
endorse on each of the duplicate originals the word
"Filed," and the month, day and year of the
filing; file one of the duplicate originals in his or
her office; and a certificate of incorporation to
which the secretary shall affix the other duplicate
original. No filing fees shall be payable upon
the filing of articles of incorporation. Upon the
issuance of the certificate of incorporation or upon
a later date specified in the articles of
incorporation, the corporate existence shall begin and the
certificate of incorporation shall be conclusive
evidence that all conditions precedent required to
be performed have been complied with and that the
subsidiary public corporation has been duly
and validly incorporated under the provisions hereof.
The parent corporation may transfer to any
subsidiary public corporation any moneys, real,
personal, or mixed property or any project in
order to carry out the purposes of this chapter. Each
subsidiary public corporation shall have all
the powers, privileges, rights, immunities, tax
exemptions, and other exemptions of the parent
corporation except to the extent that the articles of
incorporation of the subsidiary public
corporation shall contain an express limitation and
except that the subsidiary public corporation
shall not have the condemnation power contained in
section 42-64-9, nor shall it have the powers
contained in, or otherwise be subject to, the provisions
of section 42-64-12 and section 42-64-
13(a), nor shall it have the power to create, empower
or otherwise establish any corporation,
subsidiary corporation, corporate body, any form of
partnership, or any other separate entity,
without the express approval and authorization of the
general assembly.
(c) Any subsidiary
corporation shall not be subject to the provisions of section 42-64-
8(a), (c), and (d), except as otherwise provided in
the articles of incorporation of the subsidiary
corporation.
(d) The
the Rhode Island Airport Corporation, shall not be
liable for the debts or obligations or for any
actions or inactions of the Rhode Island Airport
Corporation, unless the Rhode Island economic
development corporation expressly agrees otherwise in
writing.
(e) The East Providence
Waterfront District shall, with the approval of its commission
and the board of directors of the corporation, be a
subsidiary of the
development corporation for the purposes of exercising
such powers of the corporation as the
board of directors shall determine, and
notwithstanding the requirements of subsection (b), the act
creating the District shall be deemed fully
satisfactory for the purposes of this section regarding
the establishment of subsidiary public corporations,
and the express approval and authorization of
the general assembly shall be deemed to have been
given for all legal purposes for the creation
and lawful management of a subsidiary corporation
created for the purposes of implementing the
purposes of the District.
(f) The parent
corporation is hereby authorized and empowered to create a subsidiary
corporation for the expressed purpose to issue bonds
and notes of the type and for those projects
and purposes specified in the Joint Resolution and Act
of the general assembly adopted by the
(g) The I-195 redevelopment
district shall be a subsidiary of the
development corporation for the purposes of exercising
such powers of the corporation as the
board of directors shall determine, and
notwithstanding the requirements of subsection (b), the
chapter creating the district shall be deemed fully
satisfactory for the purposes of this section
regarding the establishment of subsidiary public
corporations, and the express approval and
authorization of the general assembly shall be deemed to
have been given for all legal purposes
for the creation and lawful management of a subsidiary
corporation created for the purposes of
implementing the purposes of the district.
SECTION
5. Chapter 37-22 of the General Laws entitled "The I-195 Redevelopment Act
of 2002" is hereby
repealed in its entirety.
CHAPTER
37-22
The
I-195 Redevelopment Act of 2002
37-22-1. Short
title. -- This chapter shall be known as "The I-195
Redevelopment Act of
2002".
37-22-2.
Legislative findings. -- The general assembly finds that:
(1) The realignment
of Interstate Route 195 through the City of
unique opportunity to advance public purposes by
transforming a major transportation project
into an important economic and civic development
opportunity;
(2) This opportunity
arises, in large part, from certain land to be made available for
redevelopment due to the relocation of Interstate
Route 195 and its access roads;
(3) The clearance of
highway structures, replatting, redevelopment and
improvement of
such land shall spur economic development and, as
such, is in the public interest;
(4) In addition,
this unique opportunity can be utilized to advance the state's ability to
improve public education, public services and
infrastructure, thus, furthering an even more
critical public purpose;
(5) The state would
greatly benefit from the participation of private institutions in the
improvement of public education, public services and
infrastructure.
37-22-3.
Declaration of purpose. -- It is declared that there exist
certain state-owned
properties which shall become available by relocation
of Interstate Route 195 and its on and off
ramps. The abandonment of these properties shall
create substandard areas for appropriate urban
planning and development purposes. This urban planning
and development shall be consistent
with and subject to the City of
seq., City of
Old Plan (October 1992). As consistent with those plans,
these properties can then be
utilized for the expansion of institutional use. The
clearance of highway structures, replatting,
redevelopment and improvement of this land in
recognition of the I-195 Old Harbor Plan
(October 1992) shall spur the economic development and
the improvement of public education,
public services and infrastructure. Thus, this
clearance of highway structures, replanning,
redevelopment and improvement is hereby declared a
public purpose. Therefore, the general
assembly hereby establishes the I-195 redevelopment
board to be responsible to supervise the
replanning, replatting, redevelopment
and improvement of this land through the solicitation,
negotiation, execution and enforcement of
comprehensive agreements for the redevelopment of
this state-owned property through privately-funded
qualifying projects. The board is hereby
further authorized and directed to take advantage of
private sector efficiencies in designing,
developing and constructing qualifying institutional
projects, which include components that
specifically improve public education, public services
and infrastructure. The board is hereby
further authorized and directed to ensure that the
state and its agencies permit and approve
qualifying projects in an expedited fashion. In turn,
the board shall exercise its authority in
recognition of the plan objectives set forth in the
I-195 Old Harbor Plan (October 1992).
37-22-4.
Definitions. -- As used in this chapter, the following words and
terms shall have
the following meaning:
(1) "Acquiring
authority" means an acquiring authority as defined in Chapter 7 of this
Title.
(2) "Board"
means the I-195 Redevelopment Board.
(3)
"Comprehensive agreement" means a comprehensive agreement between the
board
and those persons obligated to undertake a qualifying
project as set forth in section 37-22-7.
(4) "Material
default" means any default by the private entity in the performance of its
duties under a comprehensive agreement of section
37-22-10 of this chapter that jeopardizes
adequate service to the public from a qualifying
project and remains unremedied after the board
has provided notice to the private entity and a
reasonable cure period has elapsed.
(5) "Permits
and approvals" means all permits, licenses, variances and/or approvals to
be
issued by state and/or local agencies as necessary for
the development, construction and/or
operation of a qualifying project.
(6) "Plan"
means the I-195 Old Harbor Plan (October 1992) adopted by the State of
Rhode Island, City of
(7) "Private
entity" means any person, institution and/or entity proposing to undertake
a
qualifying project and to enter into a comprehensive
agreement for the development, construction
and/or operation of a qualifying project.
(8) "Project
area" means that area which is bounded by
Clifford and Foster Streets.
(9)
"Public-private partnerships" means prearrangements between the
public and private
sectors for the delivery by the private sector of certain
sector of certain public infrastructure
and/or public services, which traditionally would have
been provided by the public sector and
funded by property taxes.
(10)
"Qualifying project" means the privately funded redevelopment,
construction and
operation of a project within the project area and in
furtherance of the plans planning principals as
provided in the
limited to, institutional uses.
(11) "State-owned
property" means property to which title is vested in the State of
Rhode Island and located in the project area.
37-22-5. Board.
-- (a) There is hereby established a board to take custody,
control and
supervision over certain real property, title to which
is vested in the State of
review applications for qualifying projects, to
approve or reject said applications, to negotiate and
enter into comprehensive agreements, to assist in expediting
all permits and approvals pursuant to
the comprehensive agreements, to administer and
enforce comprehensive agreements, and to
exercise the authority necessary to accomplish the
purposes of this chapter. However, no real
property currently within the freeway line of the
interstate shall be transferred to the board for
sale, lease, or utilization pursuant to a
public-private partnership, until the project area becomes
available for redevelopment pursuant to the plan.
(b) The board shall
consist of nine (9) members as follows: two (2) public members to be
appointed by the speaker of the house for a term of
four (4) years; two (2) public members to be
appointed by the majority leader of the senate for a
term of four (4) years; two (2) members to be
appointed by the Governor of the State of
the other member being the director of the
of four (4) years; two (2) public members to be
appointed by the Mayor of the City of
Providence, one member being the City of
(4) years; and one public member to be appointed by
the Providence Foundation, a nonbusiness
corporation for a term of four (4) years. All members
shall serve until successors are appointed. A
member shall be eligible to succeed himself or
herself.
(c) Board members
shall select a chairperson and vice chairperson. A quorum necessary
to conduct business shall consist of five (5) members
of the board. A majority vote of the quorum
present shall be required for action.
(d) The members of
the board shall not receive any compensation. The members of the
board shall be reimbursed for their actual expenses
necessarily incurred in the performance of
their duties. The board may engage professionals and
consultants as it deems necessary.
(e) The board shall
promulgate rules and regulations pursuant to the
Administrative Procedures Act, section 42-35-1 et seq.
The general assembly shall provide
meeting space for the board.
(f) The board shall
be authorized to establish reasonable application fees. These fees
shall cover the estimated expenses of reviewing the
applications and the execution of the
comprehensive agreements.
37-22-6. Powers
and duties of the board. -- (a) The board is hereby authorized
and
directed to entertain, solicit, evaluate, negotiate,
execute, administer and enforce comprehensive
agreements for the redevelopment of the project area
by and through privately-funded qualifying
projects in recognition of and consistent with the
plan. The state department of transportation
shall develop a legal description of this property for
the board. Upon completion of the legal
description, custody, control and supervision of the
underlying property shall be transferred to the
board and a certificate shall be filed with the
secretary of state notwithstanding the requirements
of sections 37-7-6 and 37-7-7. The board shall then be
authorized to sell, lease and/or enter into
public-private initiative agreements with regard to
this property notwithstanding the requirements
of section 37-7-1 et seq.
(b) If comprehensive
agreements are entered into pursuant to the provisions of this
chapter, the board is hereby authorized and directed
to expedite the consideration and issuance of
permits and approvals necessary for development,
construction, and operation of qualifying
projects.
(c) The board is
hereby authorized and directed to administer and enforce all
comprehensive agreements entered into pursuant to the
provisions of this chapter.
(d) The board shall
annually submit a written report of all its activities to the Governor,
the General Assembly, and the Mayor and City Council
of
37-22-7.
Comprehensive agreement. -- (a) Prior to developing, improving,
constructing,
maintaining, and/or operating a qualifying project,
the private entity shall enter into a
comprehensive agreement with the board. The
comprehensive agreement shall establish:
(1) A specific
narrative and description of the qualifying project, including consistency
with the plan and identification of those components
of the project which result in the direct
improvement to public education, public services and
infrastructure;
(2) The terms of
sale, lease, or public-private initiative. A public-private initiative shall
establish user fees. User fees shall be set at a level
that takes into account: (i) fair market rental
value of the real property; (ii) the improvements of
or the benefits directly resulting to public
education, public services and infrastructure from the
qualifying project; (iii) payments in lieu of
taxes and/or payments under the host community agreement
subject to approval by the
Providence City Council; and (iv) the services to be
provided by and through the board. All such
revenues shall be deposited in the Intermodal Surface
Transportation Fund, as defined in section
35-4-11, to be used for activities eligible for
funding under title 23 (Highways) --
Code;
(3) The
comprehensive agreement shall address payment in lieu of taxes, or a host
community agreement subject to approval by the City
Council of the City of
revenues may be pledged by the City of
(4) Reimbursement to
be paid to the board for expenses incurred and services provided
by the board;
(5) With regard to a
public-private initiative, the comprehensive agreement shall also
address:
(i)
The duties of the private entity under this chapter and may contain any other
terms
and conditions consistent with this chapter. Without
limitation, the comprehensive agreement
may contain provisions under which the board agrees to
collateral assignment provisions, notice
of default provisions, and cure rights for the benefit
of the private entity and the persons specified
therein as providing financing for the qualifying
project;
(ii) The schedule
for completion of the qualifying project;
(iii) Delivery of
performance and payment bonds in connection with the construction of,
or improvements to, the qualifying project, in the
forms and amounts satisfactory to the board;
(iv) The review of
plans and specifications for the qualifying project;
(v) The inspection
of construction of, or improvements to, the qualifying project to
ensure conformance with the approved engineering
standards;
(vi) The maintenance
of a policy or policies of public liability insurance (copies of which
shall be filed with the board accompanied by proofs of
coverage), self-insurance, in form and
amount satisfactory to the board and reasonably
sufficient to insure coverage of tort liability to
the public and to enable the continued operation of
the qualifying project;
(vii) Monitoring of
the maintenance practices of the private entity by the board and the
taking of any actions that the board finds appropriate
to ensure that the qualifying project is
properly maintained;
(viii) Filing of
appropriate financial statements on a periodic basis; and
(ix) The date of
termination of the private entity's authority and duties under this chapter
and dedication to the appropriate public entity.
(b) Any changes in
the terms of the comprehensive agreement, as may be agreed upon
by the parties from time to time, shall be added to
the comprehensive agreement by written
amendment.
(c) Each comprehensive
agreement may provide for state indemnification of the
contracting party for design and construction
liability where the state has approved relevant
design and construction plans.
37-22-8.
Application process. -- (a) Persons may apply to the board for
the development
of privately-funded qualifying projects within the
project area. All applications shall be
accompanied by the following material and information,
unless waived by the board, with respect
to the project that the private entity proposes to
operate as a qualifying project:
(1) A topographic
map (1:2,000 or other appropriate scale) indicating the location of the
project;
(2) Description of
the project, including the conceptual design of the project;
(3) A statement setting
forth the specific improvements to public education, public
services and infrastructure;
(4) The projected
total life-cycle cost of the project, tax payments, payments in lieu of
taxes or including reimbursement for host public
services and the proposed date for the beginning
of and the planned completion date for the
construction of, or improvements required by the
project;
(5) A statement
setting forth the method by which the private entity proposes to finance,
develop and operate the project;
(6) A statement
setting forth the private entity's general plans for financing and operating
the project;
(7) The names and
addresses of the persons who may be contacted for further
information concerning the request; and
(8) Any additional
material and information that the board may reasonably request.
(b) The board may
grant approval of a qualifying project and enter into a comprehensive
agreement, if the board determines that it is
consistent with the plan's principles for the expansion
of institutional use and said project includes
component(s) that improve public education, public
services and infrastructure. The board shall also
consider fair market value as defined in 23
U.S.C. section 156 and 23 CFR section 710.403. The
director of the
transportation as a member of the board shall issue a
report to the board on this subject relative to
each individual application.
(c) The board may
charge a reasonable fee to cover the costs of processing, reviewing
and evaluating any application, including without
limitation, reasonable attorneys' fees and fees
for financial and other necessary advisors or
consultants.
(d) The board shall approve
all comprehensive agreements with the private entities.
(e) In connection
with its approval, the board shall establish a date for the beginning of
the qualifying project. The board may extend this date
from time to time.
37-22-9. Permits
and approvals for a qualifying project under a comprehensive
agreement. -- (a) The board shall, with the mandatory assistance of
all applicable state and
municipal agencies and departments, control the
schedule for the processing and issuance of all
necessary permits and approvals for qualifying
projects under this chapter. The board shall seek
the cooperation of all of these agencies to expedite
all necessary permits and approvals for the
qualifying projects; provided, however, that the
comprehensive agreement shall provide for
reimbursement for those accelerated services being
rendered by any state or local agencies or
departments. Qualifying projects shall remain subject
to the I-195 Old Harbor Plan (October
1992), the City of
review.
(b) Within thirty
(30) days of entry into a comprehensive agreement, the board shall
require that all applicable state and local agencies
and departments, meet with the board and
establish an accelerated time frame for the
consideration of and decision upon permits and
approvals. The board shall have authority to approve
and/or mandate an accelerated process,
which may include the implementation of phased and/or
fast-track development, which is defined
as the initiation of development prior to final
issuance of all permits and approvals and/or the
completion of final project design and construction
plans.
(c) All appeals
timely filed with the
approvals shall be accelerated and given priority and
advanced on the calendar of the Rhode
Island superior court. Appeals shall be subject to de
novo review.
37-22-10.
Material default -- Remedies -- Public-private initiatives. --
(a) Except upon
agreement of the private entity and any other parties
to the comprehensive agreement, providing
for public-private initiatives, the board shall not
exercise any of the remedies provided in this
section, unless the
secured parties (as may appear in the private entity's
records) and an opportunity for hearing,
shall first issue a declaratory judgment that a
material default, as defined in section 37-22-4, has
occurred and is continuing.
(b) Upon entry by
the superior court of a declaratory judgment order pursuant to
subsection (a) above, unless this order is stayed
pending appeal to the
court, the board may exercise any or all of the
following remedies:
(1) The board may
solicit other private entities to take over a qualifying project and in
this case it shall succeed to all of the right, title
and interest in this project, subject to the secured
interests of any person providing financing for it in
accordance with the comprehensive
agreement.
(2) The board may
terminate the comprehensive agreement and exercise any other rights
and remedies which may be available to it at law or in
equity.
(3) The board may make
or cause to be made any appropriate claims under the
performance and/or payment bonds required by section
37-22-7(a)(6).
37-22-11.
Sovereign immunity. -- Nothing in this chapter shall be
construed as or
deemed a waiver of the sovereign immunity of the State
of
entity or any affected local jurisdiction or any
officer or employee thereof with respect to the
participation in, or approval of all or any part of the
qualifying project. A city in which a
qualifying project is located shall possess sovereign
immunity with respect to its construction and
operation.
37-22-12.
Procurement. -- The State Purchases Act, section 27-2-1 et seq.,
the
Management and Disposal of Property Act, section
37-7-1 et seq., and the Municipal Award Act,
section 45-55-1 et seq., shall not apply to this
chapter. However, notwithstanding any provisions
of this chapter, the sale, lease or agreement for any
real property subject to control by the board
shall secure an advisory opinion from the office of
the attorney general.
37-22-13.
Construction. -- This chapter is deemed necessary for the
welfare of the state
and its inhabitants and shall be literally construed
so as to effectuate its purposes. Insofar as the
provisions of this chapter are inconsistent with the
provisions of any law or ordinance, general,
special or local, the provision of this chapter shall
be controlling.
37-22-14.
Severability. -- If any clause, sentence, paragraph, section or
part of this
chapter shall be judged by any court or competent
jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder
thereof, but it shall be confined in its operation of
the clause, sentence, paragraph, section or part
directly involved in the controversy in which that
judgment shall have been rendered.
SECTION
6. This act shall take effect upon passage
=======
LC02296/SUB A/4
=======