Provisions of ordinance creating downtown center special services district.

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Notwithstanding any provision of any municipal charter or of any general law, public law or special act to the contrary, an ordinance establishing a downtown center special services district may provide:

(1) That the municipality in which the district is located is excused from providing within the district, or within some or all of the subdistricts, if any, within the district, some or all of the services which the 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 district to provide the services as to which the municipality has been excused:

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

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

(4) That, if the ordinance contains a provision authorizing the municipality and the district to enter into a contract pursuant to subdivision (2) excusing the municipality from the performance of certain services and obligating the district to provide the services, the municipality may also agree, in the contract, to make an annual grant to the district, in a fixed amount or based upon a formula stated in the contract, for the purpose of compensating the district for the services from which the municipality is excused and for which the district is to become responsible;

(5) That, as to any services which the municipality is excused from performing, whether by the terms of the ordinance itself or by the terms of a contract entered into pursuant to authority granted in the ordinance, the municipality and the district may enter into a contract or contracts having a fixed term of extending for the life of the district in which the district is given the right to elect to purchase, at intervals stated in the contract and for periods of time stated in contract, from the municipality, some or all of services either at prices fixed in the contract or at 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 property held by the district are not subject to the municipal property tax;

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

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

History of Section.
P.L. 1998, ch. 135, § 1.


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