§ 45-56-8 - Provisions of ordinance creating downtown center special services district.

SECTION 45-56-8

   § 45-56-8  Provisions of ordinance creatingdowntown center special services district. – Notwithstanding any provision of any municipal charter or of any general law,public law or special act to the contrary, an ordinance establishing a downtowncenter special services district may provide:

   (1) That the municipality in which the district is located isexcused from providing within the district, or within some or all of thesubdistricts, if any, within the district, some or all of the services whichthe district is authorized to provide pursuant to § 45-56-2(6); provided,that the ordinance shall also provide that it is the obligation of the districtto provide the services as to which the municipality has been excused:

   (2) That the municipality within which the district islocated may enter into a contract with the district in which the city or townis excused from providing within the district, or within some or all of thesubdistricts, if any, within the district, some or all of the services whichthe district is authorized to provide pursuant to § 45-56-2(6) and inwhich the district agrees to provide all the services as to which themunicipality has been excused;

   (3) That, if the ordinance contains a provision excusing themunicipality from the performance of any services pursuant to subdivision (1),the municipality shall make an annual grant to the district, in a fixed amountor based upon a formula stated in the ordinance, for the purpose ofcompensating the district for the services from which the municipality isexcused and for which the district is to become responsible;

   (4) That, if the ordinance contains a provision authorizingthe municipality and the district to enter into a contract pursuant tosubdivision (2) excusing the municipality from the performance of certainservices and obligating the district to provide the services, the municipalitymay also agree, in the contract, to make an annual grant to the district, in afixed amount or based upon a formula stated in the contract, for the purpose ofcompensating the district for the services from which the municipality isexcused and for which the district is to become responsible;

   (5) That, as to any services which the municipality isexcused from performing, whether by the terms of the ordinance itself or by theterms of a contract entered into pursuant to authority granted in theordinance, the municipality and the district may enter into a contract orcontracts having a fixed term of extending for the life of the district inwhich the district is given the right to elect to purchase, at intervals statedin the contract and for periods of time stated in contract, from themunicipality, some or all of services either at prices fixed in the contract orat prices to be determined in accordance with a formula stated in the contract,or at prices determined by a combination of these methods;

   (6) That all or certain of the interests in real propertyheld by the district are not subject to the municipal property tax;

   (7) That all or certain of the personal property owned by thedistrict is not subject to the municipal property tax; and

   (8) That interests in real property held by the district, andpersonal property owned by the district, are subject to the municipal propertytax but that the tax may be abated prospectively by the legislative body of themunicipality.