§ 46-12.2-10 - Powers of local governmental units.
SECTION 46-12.2-10
§ 46-12.2-10 Powers of local governmentalunits. – Notwithstanding any provision of general law, special law or municipal charterto the contrary:
(1) In addition to authority granted otherwise by thischapter and in any bond act or other law, a local governmental unit, acting byand through the officer or officers, board, committee, or other body authorizedby law, if any, or otherwise the chief executive officer, shall have the powerto:
(i) Issue local governmental obligations as provided herein:(A) if and to the amount authorized by a bond act; or (B) without limitation asto the amount, if issued as limited obligations, pursuant to § 46-12.2-12;
(ii) Plan, design, acquire, construct, operate, maintain, andotherwise undertake any water pollution abatement project subject to the rules,regulations, procedures, and guidelines of the department in effect from timeto time and the requirements of any other applicable law;
(iii) Apply for, accept, and expend, financial assistance andgrants for the purpose of financing costs of water pollution abatement projectssubject to the rules, regulations, procedures, and guidelines of the agency andthe department in effect from time to time, the provisions of the applicableloan agreement, and the requirements of other applicable law;
(iv) Authorize, execute, deliver, and comply with loanagreements, trust agreements, grant agreements, and other agreements, andinstruments with the agency, the department, and other persons relating tofinancial assistance and grants hereunder, and the issue of local governmentalobligations to evidence loans, and perform the same;
(v) Receive, apply, pledge, assign, and grant securityinterests in its general revenues and wastewater system revenues to secure itsobligations under local governmental obligations and other financialassistance; and
(vi) Fix, revise, charge, and collect such fees, rates,rents, assessments, and other charges of general or special application for thecosts and/or use of any approved project, the wastewater system of which it isa part, and any other revenue producing facilities from which the localgovernmental unit may derive wastewater system revenues, or for the servicesprovided thereby, as it shall deem necessary to meet its obligations under anyloan agreement or local governmental obligations outstanding or otherwise toprovide for the costs and/or operation of the project and the system.
(2) In order to provide for the collection and enforcement offees, rates, rents, assessments, and other charges for the operation of anyapproved project, the wastewater system of which it is a part, and any otherrevenue producing facilities from which the local governmental units may derivewastewater system revenues, in addition to any other authority provided by lawor any bond act applicable to a particular local governmental unit, localgovernmental units are hereby granted all the powers and privileges granted tothem by the general laws of the state with respect to any similar fee, rate,rent, assessment, or other charge. All unpaid fees, rates, rents, assessments,and other charges shall be a lien upon the real estate served for which theunpaid fees, rates, rents, assessments, or other charges have been made. A lienshall arise and attach as of the due date of each unpaid fee, rate, rent,assessment, or other charge. The lien shall be superior to any other lien otherthan a tax lien, encumbrance, or interest in the real estate, whether by way ofmortgage, attachment, or otherwise, except easements and restrictions. In thecase of a life estate, the interest of the tenant for life shall first beliable for the unpaid fees, rates, rents, assessments, or other charges. Thelocal governmental unit may enforce the lien by advertising and selling anyreal estate liable for unpaid fees, rents, assessments, and other charges inthe manner provided for the enforcement of liens for unpaid taxes by chapter 9of title 44, as amended from time to time.
(3) Any city or town and any other local governmental unitacting by and through the officer or officers, board, committee, other bodyauthorized by law, or otherwise the chief executive officer, may enter intoagreements with the agency or the department regarding the operation of apricing system adopted under any applicable law for the services provided byany approved project, the wastewater system of which it is a part, and anyother revenue producing facilities from which the local governmental unit mayderive wastewater system revenues. The agreements may include, withoutlimitation, provisions defining the costs of services, the approved project,and the wastewater system and other facilities, and covenants or agreements,regarding the fixing and collection of fees, rates, rents, assessments andother charges for the costs and the maintenance of the pricing system at levelssufficient to pay or provide for all the costs and any payments due the agencyunder any loan agreement or local governmental obligations.
(4) Any city or town and any other local governmental unitacting by and through the officer or officers, board, committee, or other bodyauthorized by law, or otherwise the chief executive officer, may enter intoagreements with the agency and the department regarding the operation of anenterprise fund established for any approved project, the wastewater system ofwhich it is a part, and any other revenue producing facilities from which thelocal governmental unit may derive wastewater system revenues. The agreementsmay include, without limitation, fiscal and accounting controls and procedures,provisions regarding the custody, safeguarding, and investment of wastewatersystem revenues, and other amounts credited thereto, the establishment ofreserves and other accounts and funds, and the application of any surplus funds.