§ 46-12.8-7 - Power of local governmental units.
SECTION 46-12.8-7
§ 46-12.8-7 Power 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 as to the amount, if issued as limitedobligations, pursuant to § 46-12.8-9;
(ii) Plan, design, acquire, construct, operate, maintain, andotherwise undertake any safe drinking water 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 safe drinking water 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 drinking water system revenues to secureits obligations 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 drinking water system of which itis a part, and any other revenue producing facilities from which the localgovernmental unit may derive drinking water system revenues, or for theservices provided thereby, as it shall deem necessary to meet its obligationsunder any loan agreement or local governmental obligations outstanding orotherwise to provide for the costs and/or operation of the project and thesystem.
(2) In order to provide for the collection and enforcement offees, rates, rents, assessments, and other charges for the operation of anyapproved project, the drinking water system of which it is a part, and anyother revenue producing facilities from which the local governmental units mayderive drinking water system revenues, in addition to any other authorityprovided by law or any bond act applicable to a particular local governmentalunit, local governmental units are hereby granted all the powers and privilegesgranted to them by the general laws of the state with respect to any similarfee, rate, rent, assessment, or other charge. All unpaid fees, rates, rents,assessments, and other charges shall be a lien upon the real estate served forwhich the unpaid fees, rates, rents, assessments, or other charges have beenmade. A lien shall arise and attach as of the due date of each unpaid fee,rate, rent, assessment, or other charge. The lien shall be superior to anyother lien other than a tax lien, encumbrance, or interest in the real estate,whether by way of mortgage, attachment, or otherwise, except easements andrestrictions. In the case of a life estate, the interest of the tenant for lifeshall first be liable for the unpaid fees, rates, rents, assessments, or othercharges. The local governmental unit may enforce the lien by advertising andselling any real estate liable for unpaid fees, rents, assessments, and othercharges in the manner provided for the enforcement of liens for unpaid taxes bychapter 9 of title 44.
(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 and the department regarding the operation of apricing system adopted under any applicable law for the services provided byany approved project, the drinking water system of which it is a part, and anyother revenue producing facilities from which the local governmental unit mayderive drinking water system revenues. The agreements may include, withoutlimitation, provisions defining the costs of services, the approved project,and the drinking water system and other facilities, and covenants oragreements, regarding the fixing and collection of fees, rates, rents,assessments and other charges for the costs and the maintenance of the pricingsystem at levels sufficient to pay or provide for all the costs and anypayments due the agency under any loan agreement or local governmentalobligations.
(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 drinking water systemof which it is a part, and any other revenue producing facilities from whichthe local governmental unit may derive drinking water system revenues, andother amounts credited thereto, the establishments of reserves and otheraccounts and funds, and the application of any surplus funds.