Chapter 118 |
2019 -- H 6153 SUBSTITUTE A AS AMENDED Enacted 07/08/2019 |
A N A C T |
RELATING TO TOWNS AND CITIES -- REDEVELOPMENT AGENCIES AND PROJECTS |
Introduced By: Representatives Tobon, Barros, Messier, Johnston, and Lyle |
Date Introduced: May 24, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 45-33.4-2, 45-33.4-3 and 45-33.4-5 of the General Laws in |
Chapter 45-33.4 entitled "City of Pawtucket Downtown Redevelopment Project" are hereby |
repealed in their entirety. |
45-33.4-2. Findings and legislative determinations. |
(a) After lengthy study, review of and comment on various proposals, numerous public |
hearings, and substantial due diligence, the general assembly hereby finds that: |
(1) McCoy Stadium was constructed seventy-five (75) years ago in the city, has |
undergone two renovations since that time and, being near the end of its useful life, will not meet |
the standards for Triple-A baseball without major repairs and renovations; and |
(2) The estimated cost to repair and renovate McCoy Stadium is approximately the same |
as the cost of constructing a new facility, with no expected catalytic impact on ancillary |
development surrounding McCoy Stadium; and |
(3) The downtown area of the city has been economically depressed and has seen very |
limited new infrastructure, development, or investment in decades and the ballpark is anticipated |
to jumpstart new economic initiatives in the city and in the Blackstone Valley and create new jobs |
in the state; and |
(4) The city is developing a redevelopment plan that contemplates public uses of the |
ballpark and a mixed-use real estate development in an adjacent area that may include retail, |
entertainment, restaurant, public park, civic space, hotel, office space, and residential components |
as part of a larger redevelopment of downtown Pawtucket; and |
(5) The ballpark will operate and be utilized as a public park and will create public |
recreational, social, and communal benefits; and |
(6) It is proposed that the agency will own the ballpark and lease the ballpark to the team |
and that the state will not be a party to the lease or any sublease of the ballpark; and |
(7) In order to reduce interest rate costs to finance the ballpark and land costs, the city has |
proposed that the agency will issue the bonds to finance such costs on a tax-exempt basis, to the |
extent permitted by federal tax law; and |
(8) Revenues to be generated by the downtown Pawtucket redevelopment project are |
projected by industry experts to be more than sufficient to cover the costs of financing the |
ballpark and land costs; and |
(9) Land costs and ballpark construction costs are expected to be approximately eighty- |
three million dollars ($83,000,000), excluding financing costs; and |
(10) The PawSox propose to contribute forty-five million dollars ($45,000,000), |
including twelve million dollars ($12,000,000) in equity contributions from PawSox owners to |
the total project cost, which equity contributions shall be expended toward the construction of the |
ballpark and shall be expended in full no later than the opening of the ballpark, and thirty-three |
million dollars ($33,000,000) to be financed by bonds issued by the agency; and |
(11) The bonds shall, to the extent practicable, be issued by means of a public offering, |
and shall not be sold by means of a private placement unless it is impracticable or economically |
inefficient to issue and sell the bonds in a public offering. If bonds are privately placed, the |
underwriters, placement agent, or purchasers of the bonds, or a municipal financial advisor |
registered with the Securities and Exchange Commission, shall certify that the interest rates, |
prices, and yields of the bonds represent fair-market prices of the bonds. |
(12) The team, the agency and the state shall conduct due diligence with the underwriters |
or placement agent for the bonds in accordance with federal securities laws and rules of the |
United States Securities and Exchange Commission and Municipal Securities Rulemaking Board |
to ensure that the contributions and financial responsibilities of the parties are fully and publicly |
disclosed. |
(13) The state proposes to contribute state economic activity taxes realized from activities |
in the ballpark district and at McCoy Stadium to support bonds issued by the agency; and |
(14) The city proposes to contribute city tax increment revenues and city economic |
activity taxes in order to support bonds of the agency; and |
(15) Energy costs for public buildings are skyrocketing and will likely continue to |
increase; energy use by public buildings contributes substantially to the problems of pollution and |
global warming; public buildings can be built and renovated using high-performance methods |
that save energy, reduce water consumption, improve indoor air quality, preserve the |
environment, and make workers and students more productive; and |
(16) The use of green and sustainable infrastructure in the development and construction |
of the ballpark will address stormwater runoff and reduce flooding, reduce pollutant levels in |
nearby waterways, and may reduce long-term operating costs of the ballpark. |
(b) The general assembly hereby determines and declares that the financing, construction, |
and development of a ballpark in the city to be used primarily as a venue for minor-league |
baseball and also as a public park, as well as the redevelopment of the surrounding depressed |
neighborhood, are public uses that are in the interest of, and for benefit of, the citizens of the |
state, and will contribute substantially to the social and economic well-being of the citizens of the |
state and significantly enhance the economic development and employment opportunities within |
the city and the state; |
(c) The general assembly hereby determines and declares that government support in |
facilitating the presence of minor-league baseball and the development of a public park in the city |
provides to the state and its citizens highly valued intangible benefits that increase the quality of |
life and civic relationships of their citizens; and |
(d) The general assembly hereby determines and declares that the expenditure of public |
money for these purposes is necessary and serves a public purpose. |
45-33.4-3. Contributions from parties. |
Debt service payments on the bonds shall be payable from lease rental payments by the |
PawSox, from annual naming rights payments received by the PawSox, and any such other |
payments necessary to fully cover the team's annual lease obligation, state economic activity |
taxes, city tax increment revenues, and city economic activity taxes, each year for a period of up |
to thirty (30) years or any combination thereof. |
45-33.4-5. Renewal and replacement reserve fund. |
(a) The team, the agency, and the state shall establish and maintain a renewal and |
replacement reserve fund for the long-term capital needs of the ballpark to ensure that the |
ballpark remains a first-class, Triple-A minor-league baseball facility and an asset to the agency |
and the surrounding community. The team shall be responsible for a minimum of fifty percent |
(50%) of the costs of annual capital expenditures for structural repairs including, but not limited |
to, repairs and improvements to the roof and exterior walls of the facility, protective coatings, |
ramps, plumbing, and all repairs, replacements, and improvements, whether capital or ordinary, |
needed to preserve the ballpark. The team, the city, and the state, from legally available funds, |
shall contribute a combined minimum of one hundred fifty thousand dollars ($150,000) per year |
in total to the renewal and replacement reserve fund for use to finance capital expenditures. The |
team shall contribute a minimum of seventy-five thousand dollars ($75,000) of the one hundred |
fifty thousand dollars ($150,000). Under no condition shall monies in the renewal and |
replacement reserve fund be utilized for operations of the ballpark or public park. The state, the |
team, and the agency shall jointly develop a renewal and replacement capital plan between every |
two (2) to five (5) years, which plan shall include directives to the parties to make contributions |
to the renewal and replacement reserve fund in order to carry out the capital improvements set |
forth in the renewal and replacement capital plan. |
SECTION 2. Sections 45-33.4-1, 45-33.4-4 and 45-33.4-6 of the General Laws in |
Chapter 45-33.4 entitled "City of Pawtucket Downtown Redevelopment Project" are hereby |
amended to read as follows: |
45-33.4-1. Definitions. |
For purposes of this chapter, the following terms shall have the meanings ascribed to |
them herein: |
(1) "Agency" means the Pawtucket redevelopment agency, established in accordance |
with chapter 31 of this title. |
(2) "Ballpark" shall mean a new ballpark, currently known as the Ballpark at Slater Mill, |
and related facilities and parking in the city. |
(2) "Arts district" means the economic development zone designated as the arts and |
entertainment district in the downtown area of the city described in § 44-30-1.1. |
(3) "Ballpark district" means the ballpark district of the downtown Pawtucket |
redevelopment project area or tax increment master plan, including the ballpark known as McCoy |
Stadium, and related facilities and its immediately adjacent parcels within the redevelopment area |
approved by the agency in accordance with the procedures set forth in chapters 31, 32, and 33, |
and 33.2 of this title. |
(4) "Bonds" means revenue bonds issued by the Pawtucket redevelopment agency or the |
city in accordance with the provisions of chapters 31, 32, and 33, and 33.2 of this title in order to |
finance the ballpark and land costs a project, which bonds may be issued on a tax-exempt or |
taxable basis, on a fixed-rate basis or variable-rate basis, or any combination thereof, and may be |
issued in one or more sub-series and supported with letters or lines of credit, liquidity facilities, |
insurance or other support arrangements including, but not limited to, interest rate "caps,", |
"floors,", "collars,", that the agency or city, as issuer, determines to be necessary or desirable for |
the purpose of generating savings or managing interest rates in connection with, or subsequent to, |
or incidental to the issuance, carrying, or securing of the bonds. |
(5) "City" means the city of Pawtucket, Rhode Island. |
(6) "City economic activity taxes" means city incremental tangible asset taxes, hotel |
taxes, food and beverage tax revenues, and non-real property assessments tax revenues from |
activities at McCoy Stadium in the arts district, the growth center district, and the ballpark |
district, plus incremental tangible asset taxes, hotel taxes, food and beverage tax revenues, and |
non-real property assessments to be generated in and around the downtown Pawtucket |
redevelopment area as set forth in the economic activity taxes agreement negotiated by the |
governor and the state director of the department of revenue, as described in § 45-33.4-4, in |
addition to premium ticket surcharges. |
(7) "City tax increment revenues" means revenues generated under chapter 33.2 of this |
title that are expected to include incremental real estate property taxes, personal property taxes, |
special assessments on real property, and betterment fees generated in and around the downtown |
Pawtucket redevelopment area arts district, the growth center district, and the ballpark district. |
(8) "Downtown Pawtucket redevelopment area" means the redevelopment area approved |
by the agency in accordance with the procedures set forth in chapters 31, 32, and 33 of this title. |
(9) "Downtown Pawtucket redevelopment plan" means the redevelopment plan proposed |
to be approved by the agency pursuant to chapters 31, 32, and 33 of this title that contemplates |
public uses of the ballpark and a mixed use real estate development in an adjacent area that may |
include retail, entertainment, restaurant, public park, civic space, hotel, office space, and |
residential components as part of a larger redevelopment of downtown Pawtucket. |
(10) "Downtown Pawtucket redevelopment project" means the project proposed to be |
approved by the agency in accordance with chapters 31, 32, and 33 of this title, that contemplates |
public uses of the ballpark and a mixed use real estate development in an adjacent area that may |
include retail, entertainment, restaurant, public park, civic space, hotel, office space, and |
residential components as part of a larger redevelopment of downtown Pawtucket. |
(11)(8) "Economic activity taxes agreement" means the agreement by and among the |
agency, the city, and the state described in § 45-33.4-4. |
(12) "Land costs" means the cost of land acquisition for the ballpark and related |
infrastructure which shall include all related expenses of acquisition by purchase or through |
eminent domain. |
(13) "Lease" means the lease agreement to be entered into by the agency, as lessor, and |
the team, as lessee, providing for the lease of, and payment of rentals for, the ballpark and related |
facilities. |
(14) "McCoy Stadium" means the existing minor-league baseball stadium by that name |
located in the city. |
(15) "PawSox" or "team" shall mean the Pawtucket Red Sox Baseball Club, LLC, its |
affiliates, successors, or assigns. |
(16) "Renewal and replacement reserve fund" means the fund established pursuant to § |
45-33.4-5 to ensure funding of maintenance, renewal, and replacement of the ballpark and related |
facilities. |
(9) “Growth center district" means the growth center district described in a |
redevelopment plan or in a tax increment district master plan approved by the agency in |
accordance with the procedures set forth in chapters 31, 32, 33, and 33.2 of title 45, which shall |
have boundaries as follows: The area beginning at the point of intersection of Lonsdale Avenue |
and the Central Falls/Pawtucket line, continuing south on Lonsdale Avenue until Beecher Street, |
then heading east, then south, then east on Beecher Street to Coleman Street, then turning south |
onto Coleman Street to Carpenter Street, then heading east onto Carpenter Street to Conant Street, |
then turning south onto Conant Street, continuing to Main Street, then turning northeast onto |
Main Street to Church Street, then turning east onto Church Street to Pine Street, then turning |
south onto Pine Street to South Union Street, then turning east onto South Union Street to Park |
Place West, then turning south onto Park Place West to George St, continuing south onto George |
Street to Division Street, then turning east onto Division Street to Taft Street, then turning south |
onto Taft Street to Max Read Field, turning east at Max Read Field and crossing the Seekonk |
River, then turning south along Seekonk River boundary to the intersection of Berry Spring Street |
and School Street, continuing northerly onto School Street to Bowers Street, turning east onto |
Bowers Street to Prospect Street, then turning north onto Prospect Street to Interstate 95, turning |
northeast onto Interstate 95 to Walcott Street, turning west onto Walcott Street to Broadway, |
turning northerly onto Broadway to edge of Interstate 95, continuing north along the western edge |
of Interstate 95 to Pawtucket/Attleboro city line, then turning west at the city line to the |
Blackstone River, then south along the city boundary on the Blackstone River, continuing |
westerly along the city line to the point where the city line intersects with Lonsdale Avenue. |
(10) "Project" means any project as defined in § 45-33.2-3 or any capital project as |
defined in § 45-33.2-3.1 within the ballpark district, arts district, or growth center district and |
shall include "project costs" as described in § 45-33.2-28, which definition shall apply |
irrespective of whether the project is described in a redevelopment plan or in a tax increment |
district master plan. |
(11) "Redevelopment plan" means a redevelopment plan as defined in § 45-31-8. |
(17)(12) "State" means the state of Rhode Island and Providence Plantations. |
(18) "State economic activity taxes" shall mean existing tax revenues realized from |
activities at McCoy Stadium and tax revenue in the ballpark district of the downtown Pawtucket |
redevelopment area assessed and collected under chapters 18, 19, and 30 of title 44. |
(13) "State economic activity taxes" means incremental tax revenues realized in the arts |
district, the growth center district, and the ballpark district assessed and collected under chapters |
11, 18, 19, and 30 of title 44 as set forth in the economic activity taxes agreement negotiated by |
the governor and the state director of the department of revenue,; provided, however, that state |
economic activity taxes shall not include existing tax revenues unless: 1) the The project is to |
facilitate an expansion of an existing business that will otherwise be unable to increase the |
number of full-time employees in the State state; or 2) the The commerce corporation certifies in |
writing that a defined amount of revenues from the districts collected and assessed under chapters |
18, 19, and 30 of title 44 are necessary to finance or complete a given project; 3) the The public |
investments made under this chapter for a project can be demonstrated to have a likely |
appreciable positive impact on the revenues of an existing business within the district; or 4) the |
The project is necessary to retain a businesses that is at substantial risk of relocating to a viable |
location out-of-state as verified by the Rhode Island commerce corporation. The commerce |
corporation shall establish, by regulation, the documentation that shall be required to verify |
compliance under this subsection. In order to assist the commerce corporation in verifying |
compliance, the affected business's chief executive officer, or equivalent officer, shall attest under |
oath: |
(a) (i) With respect to any portion of a project that is financing municipal or public |
facilities, that the project is needed and that the financing of the project is in the public interest; or |
(b) (ii) With respect to any portion of the project providing financing for industrial or |
commercial development purposes, that unemployment or the threat of unemployment exists in |
the city or that security against future unemployment is required,; that the project is needed,; that |
it will provide employment or security against loss of employment, including the approximate |
number of new jobs that should be created or preserved, construction and nonconstruction, their |
approximate wage rates, what types of fringe benefits such as healthcare or retirement benefits |
there will be,; and the projected increase in personal income taxes to the state of Rhode Island, all |
having a reasonable relationship to the probable cost of acquiring, establishing, improving, or |
rehabilitating the facilities in which the employment is to be provided or maintained. |
(12)(14) "Tax increment district master plan" means a tax increment district master plan |
as defined in § 45-33.2-3.1. |
(19) "Ticket" means any physical, electronic, or other form of certificate, document, or |
token showing that a fare, admission, or license fee for a right to enter the ballpark has been paid. |
45-33.4-4. Authorization of economic activity taxes agreement. |
(a) The state, acting by and through the department of revenue, is authorized to enter into |
an economic activity taxes agreement with the agency and the city with a term coterminous with |
the bonds for the purposes of financing a portion of the ballpark and land costs and costs projects, |
associated with the bonds bonding costs, including capitalized interest, debt service reserves, and |
costs of issuance. The Such economic activity taxes agreement may include such covenants and |
undertakings of the state as the state director of the department of revenue and the governor deem |
reasonable, including, without limitation, provisions enabling the payment of amounts under the |
economic activity taxes agreement from legally available funds for each fiscal year during which |
any bonds are outstanding. The division of taxation may issue rules and regulations with respect |
to this section. |
(b) The Such economic activity taxes agreement and the pledge and assignment of the |
state economic activity taxes shall be subject to the provisions of this chapter rather than the |
provisions of chapter 64.21 of title 42. Beginning no earlier than July 1, 2019 Upon the execution |
of an economic activity taxes agreement, the state such economic activity taxes shall be |
segregated by the state division of taxation from all other tax revenues of the state and deposited |
on a monthly basis into a restricted account known as the "downtown Pawtucket redevelopment |
economic activity taxes fund.". However, in the event an economic activity taxes agreement has |
not been signed by June 30, 2020, incremental tax revenues realized in the arts district, the |
growth center district and the ballpark district assessed and collected under chapters 18 and 19 of |
title 44 shall be segregated by the state division of taxation and deposited into the downtown |
Pawtucket redevelopment economic activity taxes fund. Monies deposited in the downtown |
Pawtucket redevelopment economic activity taxes fund may be applied to payment of debt |
service on the bonds; to fund debt service reserves; to the state's contributions to the renewal and |
replacement reserve fund; to costs of infrastructure improvements in and around the area of the |
downtown Pawtucket redevelopment project ballpark district, arts district, and the growth center |
district; to fund future debt service on the bonds; and to fund a redevelopment revolving fund |
established in accordance with § 45-33-1. If monies economic activity taxes remain in the such |
downtown Pawtucket redevelopment economic activity taxes fund at the end of the state's fiscal |
year, the monies shall be retained in the fund to be applied in future fiscal years and shall not be |
applied to reduce future payments but may be applied to "super sinker,", "turbo," or other |
redemption of the bonds, such that if the agency receives revenues in excess of requirements in |
the bond indenture or trust agreement securing the bonds, it may retire the bonds may be retired. |
Nothing in this chapter shall prohibit the pooling of revenues for the payment of the bonds, |
provided that the economic activity taxes agreement, bond indenture, or trust agreement shall |
provide for a reconciliation of contributions of the team, the agency, the city, and the state from |
time to time, but no less than every three (3) years. The reconciliation shall be subject to review |
by the state auditor general. The review shall be provided to the governor, speaker of the house, |
and the president of the senate; provided however, that the state hereby pledges to and agrees |
with any person, firm, or corporation, or federal agency subscribing to or acquiring any bonds |
secured by revenues under this chapter, that the state will not limit or alter the rights vested in the |
city or the agency or such bondholders until all bonds at any time issued, together with their |
interest, are fully met and discharged. The state does further pledge to and agree with the United |
States, and any other federal agency, that in the event that any federal agency constructs or |
contributes any funds for the construction, extension, improvement, equipping, furnishing, or |
enlargement of any project, or any portion of it, the state will not alter or limit this chapter in any |
manner that would be inconsistent with the due performance of any agreements with the federal |
agency; and the city and the agency continue to have and may exercise all powers granted by this |
chapter, so long as the powers are necessary or desirable for the carrying out of the purposes of |
this chapter. |
(c) The economic activity taxes agreement shall not constitute indebtedness of the state or |
any of its subdivisions, or a debt for which the full faith and credit of the state or any of its |
subdivisions is pledged. The state's obligation to make payments of state economic activity taxes |
under the state economic activity taxes agreement shall be solely from legally available funds. |
(d) The economic activity taxes agreement may be terminated upon agreement of the |
parties thereto, provided, however, the economic activity taxes agreement shall not be terminated |
so long as any bonds secured by the economic activity taxes remain outstanding. |
(e) By no later than September 30, 2019, the State Department of Revenue state |
department of revenue shall establish the baseline to be used in the calculation of State state |
revenues in the State Economic Activity Tax Agreement state economic activity tax agreement. |
By that date, the Department of Revenue department of revenue, in consultation with the State |
Commerce Corporation state commerce corporation shall develop a template of an Economic |
Activity Tax Agreement economic activity tax agreement to be executed between the City city, |
the Agency agency, and the State state at such time that a redevelopment project is submitted for |
consideration. Upon submission of a redevelopment project by the City city or the agency for |
financing under this statute, the State state shall complete negotiations and finalize approval of an |
Economic Activity Agreement economic activity agreement within 120 days of the submission |
of the request for financing. |
(f) Not later than February 1 of each year commencing February 1, 2022, the city, the |
agency, and the Rhode Island Commerce Corporation commerce corporation shall submit a |
performance review report to the general assembly which includes, but is not limited to, the |
following information: sources and uses of project funds, permanent job and construction job |
creation numbers, local and State state tax revenue estimates, and project completion schedules. |
45-33.4-6. Additional agreements of the team, the city and the agency. Green |
construction and cost saving measures. |
(a) The lease shall be negotiated and executed forthwith upon the passage of this chapter |
and the lease shall include, but shall not be limited to, the following terms: |
(1) The lease period shall be for a term not fewer than thirty (30) years, which term shall |
commence upon the completion of the construction of the ballpark, shall establish the obligations |
and commitments of the team and the Minor League Baseball Association, and shall not be |
subject to any escape clause; and |
(2) The team shall be responsible for the daily maintenance of the ballpark, including, but |
not limited to, keeping the facility in good condition and repair, maintaining the office areas, |
furnishings, fixtures, and equipment, and maintaining the general cleanliness of the ballpark, and |
shall be responsible for the financial costs associated with this maintenance. |
(b) The general assembly encourages the city to provide planning and operational |
assistance with respect to the "public park" aspect of the ballpark, which will operate year-round |
in and around the ballpark separate and apart from the ballpark's baseball-related uses. |
(c) The team shall be solely responsible for any ballpark construction costs that exceed |
the projected eighty-three million dollar ($83,000,000) total project cost. |
(d) In the event that the total ballpark construction costs and land costs are less than the |
projected eighty-three million dollars ($83,000,000), or in the event that not all of the bond |
proceeds are needed to complete the specified project, any unused bond proceeds shall be used to |
pay the debt service on the bonds as provided in the bond indenture, trust agreement, or economic |
activity taxes agreement. No land costs or ballpark construction costs savings will be credited |
toward the team's twelve million dollar ($12,000,000) equity contribution. |
(e) Members of the team ownership shall develop independently, or with partners secure |
the development of, a minimum of fifty thousand square feet (50,000 ft2) of real estate on the |
ballpark site or in the ancillary redevelopment area, subject to the city or agency's acquisition and |
delivery of developable land, and the development shall align contemporaneously with the |
construction of the ballpark. |
(f) Advance ticket prices for children, senior citizens, and general admission will not |
increase from the cost of those tickets in the 2017 regular and postseason for a minimum period |
of five (5) years from the opening of the ballpark, or before September 30, 2025, whichever is |
earlier. |
(g) Any person working at the ballpark during the planning, construction, or operational |
phases, including, but not limited to, concessions, the box office, or custodial services, shall be |
employed with the protections of both federal and state labor standards, including fair pay, health |
and safety, anti-discrimination, and provisions that prevent labor misclassification by incorrectly |
designating workers as "independent contractors". |
(h) The contract for construction of the ballpark shall be a guaranteed maximum price |
contract. |
(i)(a) The general assembly encourages: |
(1) The use of green and sustainable building materials, techniques, and standards, |
including those enacted by the general assembly in the Rhode Island green buildings act, chapter |
24 of title 37; and |
(2) The use of highly efficient energy systems, the use of water conservation measures, |
and the potential use of on-site renewable energy generation in the development and construction |
of the ballpark project. |
(j)(b) In furtherance of building an energy efficient and sustainable ballpark, projects, the |
general assembly encourages the use of financing programs available through the Rhode Island |
infrastructure bank established pursuant to chapter 12.2 of title 46, including, to the extent |
practicable, the state revolving funds and the efficient buildings fund, which provide low-cost |
financing for eligible renewable and energy efficiency, stormwater abatement, water |
conservation, and other sustainable infrastructure projects. |
SECTION 3. Sections 45-32-5, 45-32-24.1 and 45-32-24.2 of the General Laws in |
Chapter 45-32 entitled "Redevelopment Projects" are hereby amended to read as follows: |
45-32-5. Corporate powers of agencies. |
(a) Each redevelopment agency constitutes a public body, corporate and politic, |
exercising public and essential governmental functions, and has all the powers necessary and |
convenient to carry out and effectuate the purposes and provisions of chapters 31 -- 33 of this |
title, including the powers enumerated in this section in addition to others granted by these |
chapters: |
(1) To sue and be sued; to borrow money; to compromise and settle claims; to have a |
seal; and to make and execute contracts and other instruments necessary or convenient to the |
exercise of its powers. |
(2) To make, and, from time to time, amend and repeal bylaws, rules, and regulations, |
consistent with chapters 31 -- 33 of this title, to carry into effect the powers and purposes of these |
chapters. |
(3) To select and appoint officers, agents, counsel, and employees, permanent and |
temporary, as it may require, and determine their qualifications, duties, and compensation. |
(4) Within the redevelopment area or for purposes of redevelopment: to purchase, lease, |
obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal |
property, or any estate or interest in it, together with any improvements on it; to acquire by the |
exercise of the power of eminent domain any real property or any estate or interest in it, although |
temporarily not required to achieve the purposes of chapters 31 -- 33 of this title; to clear, |
demolish, or remove any and all buildings, structures, or other improvements from any real |
property so acquired; to rehabilitate or otherwise improve any or all substandard buildings, |
structures, or other improvements; to insure or provide for the insurance of any real or personal |
property or operations of the agency against risk or hazard; and to rent, maintain, rehabilitate, |
improve, manage, operate, repair, and clear the property. |
(5) To develop as a building site or sites any real property owned or acquired by it. |
(6) To cause streets and highways to be laid out and graded, and pavements or other road |
surfacing, sidewalks, and curbs, public utilities of every kind, parks, playgrounds, and other |
recreational areas, off-street parking areas and other public improvements to be constructed and |
installed. |
(7) To prepare or have prepared all plans necessary for the redevelopment of blighted and |
substandard areas; with the consent and approval of the community planning commission, to |
carry on and perform, for and on behalf of the commission, all or any part of the planning |
activities and functions within the community; to undertake and perform, for the community, |
industrial, commercial, and family relocation services; to obtain appraisals and title searches; to |
make investigations, studies, and surveys of physical, economic, and social conditions and trends |
pertaining to a community; to develop, test, and report methods and techniques and carry out |
research and other activities for the prevention and the elimination of blighted and substandard |
conditions and to apply for, accept, and utilize grants of funds from the federal government and |
other sources for those purposes; and to enter upon any building or property in any |
redevelopment area in order to make investigations, studies, and surveys, and, in the event entry |
is denied or resisted, an agency may petition the superior court in and for the county in which the |
land lies for an order for this purpose. Upon the filing of a petition, due notice of it shall be served |
on the person denying or resisting entry, and after a hearing on the petition, the court shall enter |
an order granting or denying the petition. |
(8) To undertake technical assistance to property owners and other private persons to |
encourage, implement, and facilitate voluntary improvement of real property. |
(9) To undertake and carry out code enforcement projects pursuant to the provisions of |
appropriate federal legislation. |
(10) To invest any funds held in reserves or sinking funds or any funds not required for |
immediate disbursement, in property or securities in which savings banks may legally invest |
funds subject to their control; and to purchase its bonds at a price not more than the principal |
amount and accrued interest, all bonds so purchased to be cancelled. |
(11) To lend money, and to sell, lease, exchange, subdivide, transfer, assign, pledge, |
encumber (by mortgage, deed of trust, or otherwise), or otherwise dispose of any real or personal |
property or any estate or interest in it acquired under the provisions of chapters 31 -- 33 of this |
title, to the United States, the state government, any state public body, or any private corporation, |
firm, or individual at its fair value for uses in accordance with the redevelopment plan, |
irrespective of the cost of acquiring and preparing the property for redevelopment. In determining |
the fair value of the property for uses in accordance with the redevelopment plan, the agency shall |
take into account, and give consideration to, the uses and purposes required by the plan, the |
restrictions upon, and the obligations assumed by the purchaser or lessee of the property, and the |
objectives of the redevelopment plan for the prevention of the recurrence of blighted and |
substandard conditions. Any lease or sale of the property may be made without public bidding, |
provided that no sale or lease is made until at least ten (10) days after the legislative body of the |
community has received from the agency a report concerning the proposed sale or lease. |
(12) To obligate the purchaser or lessee of any real or personal property or any estate or |
interest in it to: |
(i) Use the property only for the purpose and in the manner stated in the redevelopment |
plan; |
(ii) Begin and complete the construction or rehabilitation of any structure or improvement |
within a period of time that the agency fixes as reasonable; and |
(iii) Comply with other conditions that, in the opinion of the agency are necessary to |
prevent the recurrence of blighted and substandard conditions and otherwise to carry out the |
purposes of chapters 31 -- 33 of this title. The agency, by contractual provisions, may make any |
of the purchasers' or lessees' obligations, covenants, or conditions running with the land, and may |
provide that, upon breach thereof, the fee reverts to the agency. |
(13) To exercise all or any part or combination of the powers granted in this chapter. |
(14) To construct new buildings for residential, recreational, commercial, industrial, |
institutional, public, or other uses contemplated by the redevelopment plan. |
(15) To grant or loan any redevelopment project revenues, or other revenues, including |
the proceeds of any issue of bonds or notes issued pursuant to this chapter to an individual or any |
nonprofit organization or governmental or quasi-governmental entity or private enterprise, in |
order to finance the cost of any portion of a redevelopment project authorized pursuant to |
chapters 31 through 33 of this title, including, without limiting the generality of the foregoing, the |
cost of acquiring land for, and constructing or rehabilitating, furnishing and equipping residential, |
commercial, industrial, institutional, public, or recreational facilities, within a redevelopment |
area, or to loan bond or note proceeds in order to refinance any such loans. |
(16) 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 agency. |
(b) Nothing contained in this chapter authorizes an agency to retain for a period in excess |
of five (5) years from the date of acquisition, or within another additional period of time that the |
legislative body fixes as reasonable, the fee or any estate or interest in it to any building, |
structure, or other improvement, not demolished or otherwise removed, that has been acquired by |
the agency in accordance with the redevelopment plan. |
45-32-24.1. Finding with respect to use of the power of eminent domain with respect |
to recreational redevelopment projects that create and/or preserve jobs within the State. |
Finding with respect to use of the power of eminent domain with respect to recreational |
redevelopment projects that create and/or preserve jobs within the state and projects |
financed with incremental tax revenues. |
(a) The general assembly hereby determines and declares that the financing, construction, |
and development of recreational facilities projects (as defined in section § 42-34-6(4) of the |
general laws), with planned redevelopment of the surrounding project area, and projects financed |
with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in |
municipalities with a population greater than 60,000 but less than 80,000 that will create and/or |
preserve jobs within the state, are public uses of statewide concern and are in the interest of, and |
for benefit of, the citizens of the state, and will contribute substantially to the social and economic |
well-being of the citizens of the state and significantly enhance the economic development and |
employment opportunities within the state; and |
(b) The general assembly hereby determines and declares that government support in |
facilitating the presence of recreational facilities projects (as defined in section § 42-34-6(4) of |
the general laws), with planned redevelopment of the surrounding project area and projects |
financed with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 |
in municipalities with a population greater than 60,000 but less than 80,000, and the creation |
and/or preservation of jobs within the state, provides to the state and its citizens highly valued |
intangible benefits that increase and/or improve the quality of life and civic relationships of their |
citizens. |
45-32-24.2. Power of eminent domain with respect to recreational redevelopment |
projects that create and/or preserve jobs within the State. Power of eminent domain with |
respect to recreational redevelopment projects that create and/or preserve jobs within the |
state and projects financed with incremental tax revenues. |
(a) With respect to any project in the state that includes the financing, construction, and |
development of recreational facilities projects (as defined in section § 42-34-6(4) of the general |
laws), with planned redevelopment of the surrounding project area, and projects financed with |
incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in |
municipalities with a population greater than 60,000 but less than 80,000 that will create and/or |
preserve jobs within the state, the provisions of this section shall apply rather than the provisions |
of §§ 45-32-26 through 45-32-37. |
(b) The acquisition of real property for the construction of recreational facilities projects |
(as defined in section § 42-34-6(4) of the general laws), with planned redevelopment of the |
surrounding project area and projects financed with incremental tax revenues pursuant to chapters |
31, 32, 33, 33.2, and 33.4 of title 45 in municipalities with a population greater than 60,000 but |
less than 80,000, that will create and/or preserve jobs within the state, is declared to be a public |
use for economic development purposes. |
(c) If, for any of the purposes of this chapter, an agency shall find it necessary to acquire |
any real property, whether for immediate or future use, the agency may find and determine that |
the property, whether a fee simple absolute or a lesser interest, is required for the acquisition, |
construction, or operation of a project, and upon that determination, the property shall be deemed |
to be required for public use until otherwise determined by the agency; and with the exceptions |
hereinafter specifically noted, the determination shall not be affected by the fact that the property |
has been taken for, or is then devoted to, a public use; but the public use in the hands or under the |
control of the agency shall be deemed superior to the public use in the hands of any other person, |
association, or corporation; provided further, however, that no real property or interest, estate, or |
right in these belonging to the state shall be acquired without consent of the state; and no real |
property or interest, estate, or right in these belonging to any municipality shall be acquired |
without the consent of the municipality; and no real property, or interest or estate in these, |
belonging to a public utility corporation may be acquired without the approval of the public |
utility commission or another regulatory body having regulatory power over the agency. |
(d) As part of an agency's diligence in determining whether it is necessary to acquire |
certain real property, whether for immediate or future use, the agency may enter the real property |
and conduct environmental testing upon giving the owner not less than two (2) weeks' written |
notice. |
(e) The agency may proceed to acquire, and is authorized to and may proceed to acquire, |
property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent |
domain in the manner prescribed in this chapter. |
(f) Nothing contained in this section shall be construed to prohibit the agency from |
bringing any proceedings to remove a cloud on title or any other proceedings that it may, in its |
discretion, deem proper and necessary, or from acquiring property by negotiation or purchase. |
(g) The necessity for the acquisition of property under this chapter shall be conclusively |
presumed upon the adoption by the agency of a vote determining that the acquisition of the |
property or any interest in property described in that vote is necessary for the acquisition, |
construction, or operation of a project. Within six (6) months after its passage, the agency shall |
cause to be filed in the appropriate land evidence records a copy of its vote together with a |
statement signed by the chairperson or vice-chairperson of the agency that the property is taken |
pursuant to this chapter, and also a description of the real property indicating the nature and |
extent of the estate or interest in the estate taken and a plat of the real property, which copy of the |
vote and statement of the chairperson or vice-chairperson shall be certified by the secretary of the |
agency and the description and plat shall be certified by the city or town clerk for the city or town |
within which the real property lies. |
(h) Forthwith thereafter the agency shall cause to be filed, in the superior court in and for |
the county within which the real property lies, a statement of the sum of money estimated to be |
just compensation for the property taken, and shall deposit in the superior court to the use of the |
persons entitled to the money the sum set forth in the statement. The agency shall satisfy the court |
that the amount deposited with the court is sufficient to satisfy the just claims of all persons |
having an estate or interest in the real property. Whenever the agency satisfies the court that the |
claims of all persons interested in the real property taken have been satisfied, the unexpended |
balance shall be ordered repaid forthwith to the agency. |
(i) Upon the filing of the copy of the vote, statement, description, and plat in the land |
evidence records, and upon the making of the deposit in accordance with the order of the superior |
court, title to the real property in fee simple absolute or any lesser estate or interest specified in |
the resolution shall vest in the agency, and that real property shall be deemed to be condemned |
and taken for the use of the agency and the right to just compensation for the condemned property |
shall vest in the persons entitled to compensation, and the agency thereupon may take possession |
of the real property. No sum paid unto the court shall be charged with clerks' fees of any nature. |
(j) After the filing of the copy of the vote, statement, description, and plat, notice of the |
taking of that land or other real property shall be served upon the owners of, or persons having |
any estate or interest in, the real property by the sheriff, or his or her deputies, of the county in |
which the real estate is situated by leaving a true and attested copy of the vote, statement, |
description, and plat with each of those persons personally, or at the last and usual place of abode |
in this state with some person living there, and in case any of those persons are absent from this |
state and have no last and usual place of abode therein occupied by any person, the copy shall be |
left with the person or persons, if any, in charge of, or having possession of, the real property |
taken of the absent persons, and another copy shall be mailed to the address of the person, if the |
address is known to the officer serving the notice. |
(k) After the filing of the vote, description, and plat, the agency shall cause a copy to be |
published in some newspaper having general circulation in the city or town in which the real |
property lies at least once a week for three (3) successive weeks. |
(l) If any party shall agree with the agency upon the price to be paid for the value of the |
real property so taken and of appurtenant damage to any remainder or for the value of his or her |
estate, right, or interest therein, the court, upon application of the parties in interest, may order |
that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to |
be awarded in the proceedings. |
(m) Any owner of, or person entitled to any estate or right in, or interested in any part of, |
the real property taken, who cannot agree with the agency upon the price to be paid for his or her |
estate, right, or interest in the real property taken and the appurtenant damage to the remainder, |
may, within three (3) months after personal notice of the taking, or if he or she has no personal |
notice, may, within one year from the time the sum of money estimated to be just compensation is |
deposited in the superior court to the use of the persons entitled to the compensation, apply by |
petition to the superior court for the county in which the real property is situated, setting forth the |
taking of his or her land or his or her estate or interest in these and praying for an assessment of |
damages by the court or by a jury. Upon the filing of the petition, the court shall cause twenty |
(20) days' notice of the filing of the petition to be given to the agency by serving the chairperson |
or vice chairperson of the agency with a certified copy of the notice. |
(n) After the service of notice, the court may proceed to the trial thereof. The trial shall be |
conducted as other civil actions at law are tried. The trial shall determine all questions of fact |
relating to the value of the real property, and any estate or interest, and the amount of this value |
and the appurtenant damage to any remainder and the amount of this damage, and the trial and |
decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move |
for new trial, and to appeal, as are provided by law. Upon the entry of judgment in those |
proceedings, execution shall be issued against the money deposited in court and in default against |
any other property of the agency. Pre-judgment interest and post-judgment interest, |
notwithstanding § 9-21-10, shall be computed in accordance with either the methodology set forth |
in § 37-6-23 or § 9-21-10, whichever produces the lower interest cost. The interest shall be paid |
by the agency out of any funds appropriated and available therefor. |
(o) In case two (2) or more petitioners make claim to the same real property, or to any |
estate or interest, or to different estate or interests in the same real property, the court shall, upon |
motion, consolidate their several petitions for trial at the same time, and may frame all necessary |
issues for the trial. |
(p) If any real property or any estate or interest, in which any minor or other person not |
capable in law to act in his or her own behalf is interested, is taken under the provisions of this |
chapter, the superior court, upon the filing of a petition by or in behalf of the minor or person or |
by the agency, may appoint a guardian ad litem for the minor or other person. Guardians may, |
with the advice and consent of the superior court, and upon any terms as the superior court may |
prescribe, release to the agency all claims for damages for the land of the minor or other person or |
for any estate or interest. Any lawfully appointed, qualified, and acting guardian or other |
fiduciary of the estate of any minor or other person, with the approval of the court of probate |
within this state having jurisdiction to authorize the sale of lands and properties within this state |
of the minor or other person, may before the filing of any petition, agree with the minor or other |
person for any taking of his or her real property or of his or her interest or estate, and may, upon |
receiving the amount, release to the agency all claims for damages for the minor or other person |
for the taking. |
(q) In case any owner of, or any person having an estate or interest in, the real property |
fails to file his or her petition, the superior court for the county in which the real property is |
situated, in its discretion, may permit the filing of the petition within one year subsequent to the |
year following the time of the deposit in the superior court of the sum of money estimated to be |
just compensation for the property taken; provided, the person shall have had no actual |
knowledge of the taking of the land in season to file the petition; and provided, no other person or |
persons claiming to own the real property or estate or interest shall have been paid the value; and |
provided, no judgment has been rendered against the agency for the payment of the value to any |
other person or persons claiming to own the real estate. |
(r) If any real property or any estate or interest is unclaimed or held by a person or |
persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court |
for the county in which the real property lies, the agency, after the expiration of two (2) years |
from the first publication of the copy of the vote, statement, description, and plat, may petition the |
court that the value of the estate or interest of the unknown person or persons be determined. |
After the notice by publication to any person or persons that the court in its discretion may order, |
and after a hearing on the petition, the court shall fix the value of the estate or interest and shall |
order the sum to be deposited in the registry of the court in a special account to accumulate for |
the benefit of the person or persons, if any, entitled to it. The receipt of the clerk of the superior |
court shall constitute a discharge of the agency from all liability in connection with the taking. |
When the person entitled to the money deposited shall have satisfied the superior court of his or |
her right to receive that money, the court shall cause it to be paid over to him or her, with all |
accumulations thereon. |
(s) The superior court shall have power to make any orders with respect to encumbrances, |
liens, taxes, and other charges on the land, if any, as shall be just and equitable. |
(t) Whenever, in the opinion of the agency, a substantial saving in the cost of acquiring |
title can be effected by conveying other real property, title to which is in the agency, to the person |
or persons from whom the estate or interest in real property is being purchased or taken, or by the |
construction or improvement by the agency of any work or facility upon the remaining real |
property of the person or persons from whom the estate or interest in real property is being |
purchased or taken, the agency shall be and hereby is authorized to convey that other real |
property to the person or persons from whom the estate or interest in real property is being |
purchased or taken and to construct or improve any work or facility upon the remaining land of |
the person or persons. |
(u) At any time during the pendency of any proceedings for the assessment of damages |
for property or interests taken or to be taken by eminent domain by the agency, or in any appeal |
of any order entered in any such proceeding, the agency or any owner may apply to the court for |
an order directing an owner or the agency, as the case may be, to show cause why further |
proceedings should not be expedited, and the court may upon that application make an order |
requiring that the hearings proceed and that any other steps be taken with all possible expedition. |
(v) In the event that an owner of, or a person entitled to any estate or right in, or |
interested in any part of, the real property taken (a "petitioning party") files a petition with the |
court challenging the amount that the agency had estimated to be just compensation for the |
property taken (the "estimated value"), and the final judgment of the court, exclusive of |
prejudgment interest, is an amount equal to or less than the estimated value, the petitioning party |
shall be required to pay the reasonable attorneys' fees and expenses incurred by the agency, and |
the reasonable expert witness fees and expenses incurred by the agency, in defending the |
estimated value. |
(w) Chapter 64.12 of title 42 shall not apply to property taken by eminent domain |
pursuant to § 45-32-24.1 and § 45-32-24.2 this section. |
SECTION 4. This act shall take effect upon passage. |
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LC002687/SUB A/2 |
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