Riverside Regional Jail Authority
Created
1990 Acts of Assembly, c. 726.
Amendments
1993, c. 228 (§§ 3, 6)
2014, c. 229 (§ 4)
§ 1. Title.
The provisions of this Act shall be known and may be cited as the "Riverside Regional Jail Authority Act." (1990, c. 726)
§ 2. Definitions.
As used in this Act, the following words and terms shall have the following meanings:
"Authority" means the Riverside Regional Jail Authority created in § 3 of this Act.
"Bonds" or "revenue bonds" means revenue bonds or revenue refunding bonds of the Authority issued under the provisions of this Act.
"Cost of the project" means and includes the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, the cost of a single impact fee in the amount of $250,000 which shall be paid to the host jurisdiction, the cost of all machinery, equipment, and furnishings related to the operation of any project, financing charges, interest prior to and during construction, and for six months after completion of construction, cost of engineer, fiscal and legal expenses, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized, and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the "cost of the project" and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects.
"Project" means and includes the acquisition, construction, equipping, maintenance, and operation of a regional jail or regional jail farm and the usual facilities related thereto, and enlargements, renovations, and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, or mortgage of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the Authority to be necessary, convenient, and desirable.
"Self-liquidating" is deemed to mean any project, if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. (1990, c. 726)
§ 3. Authority created.
There is hereby created and constituted a political subdivision of the Commonwealth to be known as the Riverside Regional Jail Authority, hereinafter referred to as the Authority. The exercise by the Authority of the powers conferred by this Act in the construction, operation, and maintenance of a project authorized by this Act shall be deemed and held to be in the performance of an essential governmental function. The Authority shall have perpetual existence and shall have sovereign immunity to the same extent as the jurisdictions served by the Authority. (1990, c. 726; 1993, c. 228)
§ 4. Members.
The Authority shall consist of fourteen members, unless increased as provided for herein, who are to be appointed or shall serve as follows:
1. One member to be appointed by the Board of Supervisors of the County of Charles City, Virginia, and the sheriff of the County;
2. One member to be appointed by the Board of Supervisors of the County of Chesterfield, Virginia, and the sheriff of the County;
3. One member to be appointed by the City Council of the City of Colonial Heights, Virginia, and the sheriff of the City;
4. One member to be appointed by the City Council of the City of Hopewell, Virginia, and the sheriff of the City;
5. One member to be appointed by the City Council of the City of Petersburg, Virginia, and the sheriff of the City;
6. One member to be appointed by the Board of Supervisors of the County of Prince George, Virginia, and the sheriff of the County; and
7. One member to be appointed by the Board of Supervisors of the County of Surry, Virginia, and the sheriff of the County.
No member of the governing body of the County of Chesterfield, the County of Charles City, the City of Colonial Heights, the City of Hopewell, the City of Petersburg, the County of Prince George, or the County of Surry may be a member of the Authority.
All nonsheriff members of the Authority shall serve for a term of four years. The initial term of office shall extend from the organizational meeting of the Authority until the Authority's annual meeting four years thereafter. Any nonsheriff member of the Authority may be appointed to succeed himself. Each duly appointed nonsheriff member shall hold office until his successor shall be duly appointed. Any vacancy in the nonsheriff membership of the Authority, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by the governing body of the city or county which appointed the member whose membership is then vacant. Any member appointed to fill an unexpired term shall serve only until the expiration of the term he was appointed to fill. Sheriffs shall serve a term coexistent with their term as sheriff.
Notwithstanding any other provision of law, special or general, alternate members may be appointed to the Authority by the governing body of the city or county in the same manner as regular members, except that sheriffs may appoint their own alternates. If a regular member is not present at the meeting of the Authority, the alternate for that member shall have all the voting and other rights of a regular member and shall be counted for purposes of determining a quorum at any meeting. (1990, c. 726; 1999, cc. 642, 675; 2014, c. 229)
§ 5. Officers; annual report.
The Authority shall elect one of its members as chairman and another member as vice-chairman, each of whom shall be elected for a term of one year. The first chairman and vice-chairman shall serve for a term extending from the organizational meeting of the Authority until the Authority's annual meeting on or about July 1, 1991. Subsequent chairmen and vice-chairmen shall be elected every year at the annual meeting of the Authority.
The Authority shall also elect a secretary and a treasurer, who may, but need not, be the same person. The secretary and treasurer may, but need not, be a member or members of the Authority. It they are not members of the Authority, the secretary and the treasurer shall have no voting rights and shall serve for such term as the Authority may determine. If a member of the Authority is elected to serve as secretary or treasurer or both, he shall is be elected in the same manner and for the same term as the chairman and vice-chairman. Any officer may be elected to succeed himself, but in all cases, the chairman and vice-chairman must be members of the Authority. No member of the Authority may hold more than one office at a time except for service as both secretary and treasurer.
The Authority shall submit annually to the participating cities and counties a report showing its activities and its budget, which shall include all revenues, expenditures, and employee compensation schedules and other similar data. (1990, c. 726)
§ 6. Voting.
A majority of the members of the Authority shall constitute a quorum. A majority of the quorum is empowered to exercise all of the rights and perform all of the duties of the Authority, except where specifically provided otherwise herein or by agreement between the Authority and the participating jurisdictions, and no vacancy on the Authority shall impair the right of the quorum to act. In the event such agreement requires the affirmative vote of the jurisdictions holding a majority of prisoners in the jail for certain actions to be effective, the vote of the members appointed by the governing bodies or their alternates shall be the only votes counted for such purposes. (1990, c. 726; 1993, c. 228; 1999, cc. 642, 675)
§ 7. Compensation.
The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority may provide for compensation for its secretary or treasurer or both if he or they are not members of the Authority. (1990, c. 726)
§ 8. Conditions of participation; joinder and withdrawal.
As a condition of participation in the Authority, a city or county must enter into an agreement with the Authority for the use of the service furnished by the project. Any city or county may, with the approval of its governing body and with the consent of the members of the Authority, join and participate in the Authority under such additional terms and conditions for membership as may be prescribed by the Authority. Any city or county which is a member of the Authority may withdraw therefrom by resolution or ordinance of its governing body; however, no participating city or county may withdraw from the Authority except with the unanimous consent of its members until all obligations incurred by the Authority have been fully satisfied. (1990, c. 726)
§ 9. Powers.
The Authority shall have the following powers:
1. To have a seal and alter the same at pleasure;
2. To acquire by gift, purchase, lease, or otherwise, and to hold, to sell, at public or private sale, or exchange, lease, mortgage, pledge, subordinate interest in, or otherwise dispose of real and personal property of every kind and character for its corporate purposes;
3. To appoint, select, and employ officers, agents, and employees, including a superintendent of the regional correctional facility and necessary guards and employees therefor, and also including engineering and construction experts, fiscal agents and attorneys, and to fix their respective compensations;
4. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction and financing of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all political subdivisions, departments, institutions, or agencies of the Commonwealth are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable;
5. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds or other funds made available to the Authority;
6. To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
7. To accept loans and grants of money or materials or property of any kind from the Commonwealth of Virginia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the Commonwealth of Virginia or such agency or instrumentality or political subdivision may impose;
8. To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof. Any city or county participating in the Authority may lend, advance, or give money or materials or property of any kind to the Authority;
9. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of the Commonwealth;
10. The Authority and any trustee acting under any trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in § 10 hereof:
11. To sue and be sued in its own name, plead and be impleaded;
12. To adopt, amend, or repeal bylaws, rules, and regulations, not inconsistent with this Act or the general laws of the Commonwealth, for the regulation of its affairs and the conduct of its business and to carry into effect its powers and purposes; and
13. To do all things necessary or convenient to carry out the powers expressly given in this Act. (1990, c. 726)
§ 10. Authority of superintendent and guards; oath and bond.
The superintendent appointed by the Authority to administer its regional correctional facility shall have and exercise the same control and authority over the prisoners committed or transferred to such facility as the sheriffs of this Commonwealth have by law over the prisoners committed or transferred to their jails.
During the term of their appointment, the superintendent and guards are hereby vested with the powers and authority of a conservator of the peace (i) within the limits of such correctional facility and within one mile thereof and (ii) in conveying prisoners to and from such facility.
Before entering upon the duties of their office, the superintendent and guards shall take and subscribe the oath prescribed by § 49-1 of the Code of Virginia. The Authority may require the superintendent or guards or both to give bond in such penalty and with such security as the Authority may prescribe, conditioned upon the faithful discharge of the duties of their offices. (1990, c. 726)
§ 11. Acquisition of interests in land.
The Authority is hereby authorized and empowered to acquire by gift or by lease or purchase solely from funds provided under the provisions of this Act such lands, structures, property, rights, rights-of-way, franchises, easements, and other interests in lands as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof.
All public agencies and the commissions of the Commonwealth, with the approval of the Governor, are hereby authorized and empowered to lease, lend, grant, or convey to the Authority at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court, or other action or formality, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the Authority, including real property already devoted to public use. Title to any property acquired by the Authority shall be taken in the name of the Authority. (1990, c. 726)
§ 12. Issuance of revenue bonds.
The Authority is hereby authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the Authority for the purpose of paying all or any part of the cost of the project. The principal of and the interest on such bonds shall be payable solely from the funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as shall be fixed by the Authority, shall mature at such time or times not exceeding forty years from their date or dates, as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such rice or prices and under such terms and conditions as may be fixed by the Authority prior to the issuance of the bonds. The Authority shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the Commonwealth. In case any officer whose signature or a facsimile of whose signature shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Notwithstanding any other provision of this Act or any recitals in any bonds issued under the provisions of this Act, all such bonds shall be deemed to be negotiable instruments under the laws of the Commonwealth. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest and for the interchange of registered and coupon bonds. The Authority may sell such bonds in such manner, either at public or negotiated sale, or for such price, as it may determine will best effectuate the purposes of this Act.
The proceeds of the bonds shall be used solely for the payment of the cost of the project and shall be disbursed in such manner and under such restrictions, if any, as the Authority may provide in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same. If the proceeds of the bonds of any issuance, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed such cost, the surplus shall be deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The Authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisions of this Act without obtaining the consent of any department, division, commission, board, bureau, or agency of the Commonwealth, and without any other proceedings or the happening of any conditions other than those proceedings or conditions which are specifically required by this Act.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth or of any political subdivision thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the Commonwealth nor the faith and credit of any county, city, town, or other subdivision of the Commonwealth are pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under the provisions of this Act shall not directly or indirectly or contingently obligate the Commonwealth or any county, city, town, or other subdivision of the Commonwealth to levy any taxes whatever therefor or to make any appropriation for their payment except from the funds pledged under the provisions of this Act. (1990, c. 726)
§ 13. Trust agreements.
In the discretion of the Authority, any bonds issued under the provisions of this Act may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the charges and other revenues to be received but shall not conveyor mortgage the project or any part thereof Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the project, the rates to be charged for services, and the custody, safeguarding, and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth which may act as depositary of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of the project. (1990, c. 726)
§ 14. Charge for use of services.
The Authority is hereby authorized to fix, revise, and charge for the use of the service furnished by the project and to contract with any unit or department of government at any level, including cities, counties, towns, authorities, regional jail boards, and the state and federal governments and their respective departments, commissions and agencies, desiring the use of any part thereof, and to fix the terms, conditions, rents, and rates of charges for such use. Such charges shall be so fixed and adjusted in respect to the aggregate of the charges from the project as to provide a fund sufficient with other revenues, if any, to pay (i) the cost of maintaining, repairing, and operating such project and (ii) the principal of and interest on such bonds as the same shall become due and payable and to create reserves for such purposes. The revenues derived from the project, except such part thereof as may be necessary to pay such cost of maintenance, repair, and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the revenues or other moneys so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in for t, contract or otherwise against the Authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the Authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another. (1990, c. 726)
§ 15. Revenues and proceeds from sale of bonds.
All moneys received pursuant to the provisions of this Act, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this Act. The Authority may provide for the payment of its revenues to such officer, board, or depositary as it may designate for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. The Authority shall, in the resolution authorizing the bonds or in the trust agreement securing such bonds, provide for the payment of the proceeds of the sale of the bonds to a trustee, which shall be any trust company or bank having the powers of a trust company within or without the Commonwealth, which shall act as trustee of the funds, and hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust agreement may provide. The trustee may invest and reinvest such funds in such securities as may be provided in the resolution authorizing the bonds or in the trust agreement securing such bonds. (1990, c. 726)
§ 16. Rights of bond holders and trustees.
Any holder of bonds issued under the provisions of this Act or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given, may be restricted by such trust agreement, may either at law or in equity, by suit, action, injunction, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the Commonwealth or granted by this Act or under such trust agreement or the resolution authorizing the issuance of such bonds and may enforce and compel the performance of all duties required by this Act or by such agreement or resolution to be performed by the Authority or by any officer or agent thereof including the fixing, charging, and collection of such charges. (1990, c. 726)
§ 17. Exemption from taxes.
The exercise of the powers granted by this Act shall be in all respects for the benefit of the inhabitants of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience, and prosperity, and as the operation and maintenance of the project by the Authority will constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon the project or any property acquired or used by the Authority under the provisions of this Act or upon the income therefrom; and the bonds issued under the provisions of this Act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free and exempt from taxation by the Commonwealth and by any municipality, county, or other political subdivision thereof. (1990, c. 726)
§ 18. Issuance of revenue refunding bonds.
The Authority is hereby authorized to provide by resolution for the issuance of its revenue refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this Act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the Authority, for the additional purpose of constructing enlargements, renovations, or improvements of the project. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the Authority in respect of the same, shall be governed by the provisions of this Act insofar as the same may be applicable. (1990, c. 726)
§ 19. General purpose of Authority.
Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating a regional jail or regional jail farm and the usual facilities appertaining to such undertakings; enlarging, renovating, and improving such facilities; acquiring the necessary property therefor, both real and personal, with the right of contract for the use of or to lease, mortgage, or sell any or all of such facilities, including real property; and doing any and all things deemed by the Authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings. (1990, c. 726)
§ 20. Design-build contracts.
The Authority may enter into a contract for a regional jail on a fixed price or not-to-exceed price design-build basis or construction management basis in accordance with procedures consistent with those described in the Virginia Public Procurement Act for procurement of nonprofessional services through competitive negotiation. The Authority may authorize payment to no more than three responsive bidders who are not awarded the design-build contract if the Authority determines that such payment is necessary to promote competition. The Authority shall not be required to award a design-build contract to the lowest bidder but may consider price as one factor in evaluating the proposals received. The Authority shall maintain adequate records to allow post-project evaluation by the Commonwealth. (1990, c. 726)
§ 21. State reimbursement.
The Authority shall be eligible to receive state reimbursement for local correctional facility construction and operation under Article 3 of Chapter 3 of Title 53.1 of the Code of Virginia. State reimbursement for the cost of the project shall be determined as if each city or county participating in the Authority had contributed its pro rata share of such cost. The Commonwealth shall fund the positions of superintendent, correctional officers, and two-thirds of the salaries of required medical or treatment personnel on a basis approved by the State Compensation Board. Such salaries shall be paid in the manner provided in Article 9 of Chapter 1 of Title 14.1 of the Code of Virginia, and such article shall be applicable mutatis mutandis to such superintendent.
The superintendent of the regional correctional facility shall report on the first day of each month to the Director of the State Department of Corrections to give the record of each prisoner received during the preceding month on blank forms to be furnished by the Director, to state whether the offense for each prisoner is for violation of state law or of city or town ordinance. The report shall be signed by both the superintendent and chairman of the Authority. Either signer found guilty of willfully falsifying the information contained in such report shall be guilty of a Class 1 misdemeanor.
If any superintendent fails to send such report within five days after the date when the report is to be forwarded, the Director shall notify the superintendent of such failure. If the superintendent fails to make the report within ten days from that date, then the Director shall cause the report to be prepared from the books of the superintendent and shall certify the cost thereof to the Comptroller. The Comptroller shall issue his warrant on the Treasurer for that amount, deducting the same from any funds that may be due the superintendent by the Commonwealth. (1990, c. 726)
§ 22. Duty to prescribe rules and regulations.
It shall be the duty of the Authority to prescribe rules and regulations, not inconsistent with standards of the State Board of Corrections, for the operation of the project or projects constructed under the provisions of this Act. (1990, c. 726)
§ 23. Supplemental and additional powers.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the performance of acts authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. (1990, c. 726)
§ 24. Liberal construction.
This Act, being necessary for the welfare of the Commonwealth and its inhabitants, shall be liberally construed to effect the purposes thereof. (1990, c. 726)
§ 25. Severability.
The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this Act. It is hereby declared to be the legislative intent that this Act would have been adopted had such unconstitutional provisions not been included therein. (1990, c. 726)
§ 26. Inconsistent laws inapplicable.
All other general or special laws inconsistent with any provision of this Act are hereby declared to be inapplicable to the provisions of this Act. (1990, c. 726)