§ 45-48.1-6 - Additional powers and limitations.
SECTION 45-48.1-6
§ 45-48.1-6 Additional powers andlimitations. – In addition to the powers of the district otherwise provided herein, thedistrict shall have the following powers and shall be subject to the followinglimitations:
(1) The district is authorized and empowered to fix, revise,charge, collect and abate fees, rates, rents, assessments, delinquency chargesand other charges for water, and other services, facilities and commoditiesfurnished or supplied by it including penalties for violations of suchregulations as the district may from time to time promulgate under thischapter. Fees, rates, rents, assessments, delinquency charges and other chargesof general application shall be adopted and revised by the district inaccordance with procedures to be established by the district for assuring thatinterested persons are afforded notice and an opportunity to present data,views and arguments. Such fees, rates, rents, assessments and other charges maybe based on the quantity of water used or the number and kind of waterconnections made, or the number and kind of plumbing fixtures installed on theestate, or upon the number or average number of persons residing or working inor otherwise connected with the estate, or upon any other factor affecting theuse of or the value or cost of the water and water facilities furnished, orupon any combination of these factors. The district shall hold at least onepublic hearing on its schedule of fees, rates and charges or any revisionthereof prior to adoption, notice of which shall be published in a newspaper ofsubstantial circulation in the district at least one month in advance of thehearing. No later than the date of such publication the district shall makeavailable to the public the proposed schedule of fees, rates and charges. Fees,rates, rents, assessments, abatements and other charges established by thedistrict shall not be subject to supervision or regulation by any department,division, district, board, bureau, or agency of the state or any of itspolitical subdivisions, including, without limitation, the public utilitiescommission and the division of public utilities pursuant to chapters 1 – 5of title 39.
(2) The fees, rates, rents, assessments and other chargesestablished by the district in accordance with subdivision (1) shall be sofixed and adjusted in respect to the aggregate thereof so as to providerevenues at least sufficient: (i) to pay the current expenses of the district,(ii) to pay the principal of, premium, if any, and interest on bonds, notes, orother evidences of indebtedness issued by the district under this chapter asthe same become due and payable, (iii) to create and maintain such reasonablereserves as may be reasonably required by any trust agreement or resolutionsecuring bonds and notes, (iv) to provide funds for paying the cost of allnecessary repairs, replacements and renewals of the water works system, and (v)to pay or provide for any amounts which the district may be obligated to pay orprovide for by law or contract including any resolution or contract with or forthe benefit of the holders of its bonds and notes.
(3) In order to provide for the collection and enforcement ofits fees, rates, rents, assessments and other charges, the district is herebygranted all the powers and privileges with respect to such collection andenforcement held by a town of liens for unpaid taxes. In addition to the otherenforcement powers and remedies provided in this chapter, if any fees, rates,rents, assessments or other charges billed by the district against any premiseswhich are connected with the water works system remain unpaid for a period ofmore than sixty (60) days from the due date thereof, and following such periodnotice and demand have been posted on such premises and have been given to theowner of said premises, by registered or certified mail addressed to saidpremises and to the address of said owner as shown on the records of theassessor of the town and to occupants of said premises by mail, to pay the samewithin fifteen (15) days from the date of mailing of said notice, and suchfees, rates, rents, assessments or other charges remain unpaid, the districtshall have the power and is hereby authorized to shut off the supply of waterto said premises until said fees, rates, rents, assessments or other chargesand penalties are paid, together with interest thereon at the applicable rateand the standard charge of the district for restoring water service to saidpremises.
(4) In the month of January of each year the board shall makean annual report to the town council of the town of its activities for thepreceding fiscal year and a copy of the annual report shall be submitted to theWater Resources Board and the department of health by February 1. Each reportshall set forth a complete operating and financial statement covering itsoperations during the year. The district shall cause the books, records andaccounts of the district to be reviewed or audited by a certified publicaccountant.