State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-64-2 > 42-64-2-4

SECTION 42-64.2-4

   § 42-64.2-4  General powers. – Except to the extent inconsistent with any specific provision of this chapter,the Rhode Island public rail corporation shall have power:

   (1) To sue and be sued, complain and defend, in its corporatename;

   (2) To have a seal, which may be altered at pleasure and touse the seal by causing it, or a facsimile thereof, to be impressed or affixedor 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 personalproperty, or any interest therein, wherever situated;

   (4) To re-convey, lease, or sell real property acquired. Uponthe sale of any real property or interest therein which is held by thecorporation, the proceeds from the sale shall be transferred to the generalfund of the state.

   (5) To make contracts and guarantees and incur liabilities,borrow money at any rates of interest that the corporation may determine;

   (6) To make and execute agreements of lease, conditionalsales contracts, installment sales contracts, loan agreements, mortgages,construction contracts, operation contracts, and other contracts andinstruments necessary or convenient in the exercise of the powers and functionsof the corporation granted by this chapter;

   (7) To lend money for its purposes, invest and reinvest itsfunds, and at its option to take and hold real and personal property assecurity for the payment of funds so loaned or invested;

   (8) To acquire, or contract to acquire, from any person,firm, corporation, municipality, the federal government or the state, or anyagency of either the federal government or state, by grant, purchase, lease,gift, condemnation or otherwise, or to obtain options for the acquisition ofany property, real or personal, improved or unimproved, and interests in landless than the fee thereof; and to own, hold, improve, develop, andrehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage,or otherwise dispose or encumber the property for the purposes of carrying outthe provisions and intent of this chapter, for any consideration thecorporation shall determine;

   (9) To conduct its activities, carry on its operations, andhave offices, and exercise the powers granted by this chapter, within orwithout the state;

   (10) To elect or appoint officers and agents of thecorporation, and define their duties and fix their compensation;

   (11) To make and alter by-laws, not inconsistent with thischapter, for the administration and regulation of the affairs of thecorporation; those by-laws may contain provisions indemnifying any person whois or was a director, officer, employee, or agent of the corporation, or is orwas serving at the request of the corporation as a director, officer, employee,or agent of another corporation, partnership, joint venture, trust, or otherenterprise, in the manner and to the extent provided in § 7-1.2-814;

   (12) To be a promoter, partner, member, associate, or managerof any partnership, enterprise, or venture; and

   (13) To have and exercise all powers necessary or convenientto effect its purposes.

   (14) To defend, indemnify and save harmless the NationalRailroad Passenger Corporation ("Amtrak") and third parties for all damage orliability for personal injury or property damages which would not have occurredor would not have been incurred but for the existence of commuter rail servicesouth of Providence or the presence on Amtrak's properties of any trains,passengers, employees, contractors, or invitees of the state or its designatedoperator.

   (15) To defend, indemnify and save harmless its designatedoperator for all damage or liability for personal injury or property damageswhich would not have occurred or would have not been incurred but for thedesignated operator's activities except for damages or liability attributabledirectly to the designated operator's own negligence or misconduct, allpursuant to terms and conditions to be set forth in an agreement to be enteredinto by and between the corporation and the designated operator prior toimplementation of the commuter rail service south of Providence.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-64-2 > 42-64-2-4

SECTION 42-64.2-4

   § 42-64.2-4  General powers. – Except to the extent inconsistent with any specific provision of this chapter,the Rhode Island public rail corporation shall have power:

   (1) To sue and be sued, complain and defend, in its corporatename;

   (2) To have a seal, which may be altered at pleasure and touse the seal by causing it, or a facsimile thereof, to be impressed or affixedor 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 personalproperty, or any interest therein, wherever situated;

   (4) To re-convey, lease, or sell real property acquired. Uponthe sale of any real property or interest therein which is held by thecorporation, the proceeds from the sale shall be transferred to the generalfund of the state.

   (5) To make contracts and guarantees and incur liabilities,borrow money at any rates of interest that the corporation may determine;

   (6) To make and execute agreements of lease, conditionalsales contracts, installment sales contracts, loan agreements, mortgages,construction contracts, operation contracts, and other contracts andinstruments necessary or convenient in the exercise of the powers and functionsof the corporation granted by this chapter;

   (7) To lend money for its purposes, invest and reinvest itsfunds, and at its option to take and hold real and personal property assecurity for the payment of funds so loaned or invested;

   (8) To acquire, or contract to acquire, from any person,firm, corporation, municipality, the federal government or the state, or anyagency of either the federal government or state, by grant, purchase, lease,gift, condemnation or otherwise, or to obtain options for the acquisition ofany property, real or personal, improved or unimproved, and interests in landless than the fee thereof; and to own, hold, improve, develop, andrehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage,or otherwise dispose or encumber the property for the purposes of carrying outthe provisions and intent of this chapter, for any consideration thecorporation shall determine;

   (9) To conduct its activities, carry on its operations, andhave offices, and exercise the powers granted by this chapter, within orwithout the state;

   (10) To elect or appoint officers and agents of thecorporation, and define their duties and fix their compensation;

   (11) To make and alter by-laws, not inconsistent with thischapter, for the administration and regulation of the affairs of thecorporation; those by-laws may contain provisions indemnifying any person whois or was a director, officer, employee, or agent of the corporation, or is orwas serving at the request of the corporation as a director, officer, employee,or agent of another corporation, partnership, joint venture, trust, or otherenterprise, in the manner and to the extent provided in § 7-1.2-814;

   (12) To be a promoter, partner, member, associate, or managerof any partnership, enterprise, or venture; and

   (13) To have and exercise all powers necessary or convenientto effect its purposes.

   (14) To defend, indemnify and save harmless the NationalRailroad Passenger Corporation ("Amtrak") and third parties for all damage orliability for personal injury or property damages which would not have occurredor would not have been incurred but for the existence of commuter rail servicesouth of Providence or the presence on Amtrak's properties of any trains,passengers, employees, contractors, or invitees of the state or its designatedoperator.

   (15) To defend, indemnify and save harmless its designatedoperator for all damage or liability for personal injury or property damageswhich would not have occurred or would have not been incurred but for thedesignated operator's activities except for damages or liability attributabledirectly to the designated operator's own negligence or misconduct, allpursuant to terms and conditions to be set forth in an agreement to be enteredinto by and between the corporation and the designated operator prior toimplementation of the commuter rail service south of Providence.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-64-2 > 42-64-2-4

SECTION 42-64.2-4

   § 42-64.2-4  General powers. – Except to the extent inconsistent with any specific provision of this chapter,the Rhode Island public rail corporation shall have power:

   (1) To sue and be sued, complain and defend, in its corporatename;

   (2) To have a seal, which may be altered at pleasure and touse the seal by causing it, or a facsimile thereof, to be impressed or affixedor 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 personalproperty, or any interest therein, wherever situated;

   (4) To re-convey, lease, or sell real property acquired. Uponthe sale of any real property or interest therein which is held by thecorporation, the proceeds from the sale shall be transferred to the generalfund of the state.

   (5) To make contracts and guarantees and incur liabilities,borrow money at any rates of interest that the corporation may determine;

   (6) To make and execute agreements of lease, conditionalsales contracts, installment sales contracts, loan agreements, mortgages,construction contracts, operation contracts, and other contracts andinstruments necessary or convenient in the exercise of the powers and functionsof the corporation granted by this chapter;

   (7) To lend money for its purposes, invest and reinvest itsfunds, and at its option to take and hold real and personal property assecurity for the payment of funds so loaned or invested;

   (8) To acquire, or contract to acquire, from any person,firm, corporation, municipality, the federal government or the state, or anyagency of either the federal government or state, by grant, purchase, lease,gift, condemnation or otherwise, or to obtain options for the acquisition ofany property, real or personal, improved or unimproved, and interests in landless than the fee thereof; and to own, hold, improve, develop, andrehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage,or otherwise dispose or encumber the property for the purposes of carrying outthe provisions and intent of this chapter, for any consideration thecorporation shall determine;

   (9) To conduct its activities, carry on its operations, andhave offices, and exercise the powers granted by this chapter, within orwithout the state;

   (10) To elect or appoint officers and agents of thecorporation, and define their duties and fix their compensation;

   (11) To make and alter by-laws, not inconsistent with thischapter, for the administration and regulation of the affairs of thecorporation; those by-laws may contain provisions indemnifying any person whois or was a director, officer, employee, or agent of the corporation, or is orwas serving at the request of the corporation as a director, officer, employee,or agent of another corporation, partnership, joint venture, trust, or otherenterprise, in the manner and to the extent provided in § 7-1.2-814;

   (12) To be a promoter, partner, member, associate, or managerof any partnership, enterprise, or venture; and

   (13) To have and exercise all powers necessary or convenientto effect its purposes.

   (14) To defend, indemnify and save harmless the NationalRailroad Passenger Corporation ("Amtrak") and third parties for all damage orliability for personal injury or property damages which would not have occurredor would not have been incurred but for the existence of commuter rail servicesouth of Providence or the presence on Amtrak's properties of any trains,passengers, employees, contractors, or invitees of the state or its designatedoperator.

   (15) To defend, indemnify and save harmless its designatedoperator for all damage or liability for personal injury or property damageswhich would not have occurred or would have not been incurred but for thedesignated operator's activities except for damages or liability attributabledirectly to the designated operator's own negligence or misconduct, allpursuant to terms and conditions to be set forth in an agreement to be enteredinto by and between the corporation and the designated operator prior toimplementation of the commuter rail service south of Providence.