2014 -- S 3068

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LC005802

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO THE CITY OF WARWICK - SEWER AUTHORITY

     Introduced By: Senator William A.Walaska

     Date Introduced: June 04, 2014

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 254 of the 1962 Public Laws entitled "An Act to Create A Sewer

Authority for the City of Warwick and to Authorize Said City to Plan, Construct, Finance,

Operate and Maintain Sewage Works", as from time to time amended, is hereby further amended

to read as follows:

     Section 1. Authority to plan, etc., sewage works; definitions; bonding authorized;

sewer charge, assessment authorized.

     The city of Warwick is authorized and empowered, in accordance with the provisions of

this act, to plan, lay out, construct, finance, operate and maintain sewage works for a part or the

whole of its territory and for such purposes to take by eminent domain or otherwise any lands,

water rights, rights-of-way, or easements, public or private, in said city necessary for

accomplishing any purpose mentioned in this act. Such sewage works may include sewers and

sewer service connections, pumping stations, sewage treatment works, sewage disposal works,

and other works essential to the proper collection, treatment, and disposal of the sewage of said

city.

     As used in this act, unless the context otherwise requires:

     "Authority" means the sewer authority authorized by this act.

     "Cesspool" means any buried chamber other than an on-site wastewater treatment system

(OWTS), including, but not limited to, any metal tank, perforated concrete vault or covered

hollow or excavation, which receives discharges of sanitary sewage from a building for the

purpose of collecting solids and discharging liquids to the surrounding soil.

     "City" means the City of Warwick.

     "City Council" means the city council of the City of Warwick.

     "Common sewer" means a sewer in which all abutters have equal rights of entrance and

use.

     "Connect Capable" means any parcel containing an inhabitable dwelling located within

the authority's sewer service area, abutting a main sewer.

     "Cooling water'' shall include the clean waste-water from air conditioning, industrial

cooling, condensing and similar apparatus and from hydraulically powered equipment. In general,

cooling water will include only water which is sufficiently clean and unpolluted to admit of being

discharged, without treatment or purification, into any natural open stream or watercourse without

offense.

     "Force Main" means a sewer wherein sewage is moved by pressure.

     "Highways" means any state or other highway and any public street, alley, park, parkway,

driveway, bridge or public place.

     "Industrial wastes" shall include the liquid or water carried wastes of any industrial

process not clearly included within the definitions of sanitary sewage, storm water, cooling water

or seepage or subsoil drainage herein. In general waste-waters carrying any quantity of oils,

grease, fats, abrasives, chemicals, residues of manufacturing processes, wastes from commercial

food preserving or canning, from slaughter houses or meat processing plants, and similar

substances, whether dissolved, in suspension, or mechanically carried by water, shall be

considered as industrial wastes.

     "Land" means and includes any land, including building buildings and other

improvements thereon, estate, riparian or other right rights, easement easements, interest interests

or waterway waterways.

     "Lateral sewer" means a sewer which does not receive the sewage from any other

common sewer.

     "Main sewer'' means a sewer into which the sewage from two or more sub-main sewers is

discharged.

     "Mayor" means the mayor of the City of Warwick.

     "On-Site Wastewater Treatment System" (OWTS) means any system of piping, tanks,

dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store,

treat or disperse wastewater by means other than discharge into a public wastewater system.

     "Parcel" means a part, portion or tract of land and whatever is erected, attached, growing

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upon or affixed to the land.

     "Quorum" means a majority of the members of the authority.

     "Sewage" shall mean waste-water, water carried wastes, or a combination of them,

discharged into and conveyed by sewers or intended or customarily so discharged and conveyed.

Sewage may be further classified as sanitary or industrial follows:.

     "Sanitary sewage" shall mean the common waste-water and water carried wastes from

human dwellings and from toilet and lavatory fixtures, kitchen, laundries and similar facilities of

business and industrial buildings. In general, sanitary sewage shall not include storm water from

roofs, yards, streets or open spaces, water from land surfaces or brooks, clean waste or overflows

from springs, wells, or subsoil drainage, large volumes of clean water from air conditioning or

other cooling or condensing facilities, clean waste-water from hydraulically operated

contrivances and those wastes included within the definition of "industrial waste" next following.

     "Industrial wastes" shall include the liquid or \\'ater carried wastes of any industrial

process not clearly included within the definitions of sanitary sewage, storm water, cooling water-

or subsoil drainage herein. In general, waste waters carrying any quantity of oils, grease, fats,

abrasives, chemicals, residues-of manufacturing processes, wastes from commercial food

preserving or canning, from slaughter houses or meat processing plants, and similar substances,

whether dissolved, in- suspension;-or mechanically carried by water, shall be considered as-

industrial wastes.

     "Seepage" or "subsoil drainage" shall include water from the soil percolating into subsoil

drains and through foundation walls, basement floors, or underground pipes or from similar

sources.

     "Sewage works" means all constructions for collection, transportation, pumping,

treatment and final disposition of sewage.

     "Sewer assessment" means the rate or charge for the construction of the sewers and sewer

systems set by a method(s) adopted by the authority that bears a reasonable relation to the costs of

construction to the city and authority of the service rendered to the users, including, but not

limited to, costs related to engineering, inspections, land purchases, paving, and financing.

     "Sewer service connection" means a pipe and any associated appurtenances to convey

sewage and wastes from the property line of a parcel a building to a common sewer.

     "Storm water'' shall include the runoff or discharge of rain and melted snow or other

clean water from roofs, surfaces of public or private lands parcels or elsewhere. For most

purposes within the scope of this ordinance, storm water shall not include the flow of any natural

brook, rivulet or stream even if the source of such water is storm runoff from land parcels, land or

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other property once that runoff has entered the channel of such brook or natural watercourse. In

general, storm water shall include only water which is sufficiently clean and unpolluted to admit

of being discharged, without treatment or purification, into any natural open stream or

watercourse without offense.

     "Sub-main sewer'' means a sewer into which the sewage from two or more lateral sewers

is discharged.

     "Undeveloped" means any parcel of land which has not been built upon or otherwise

lacks inhabitable buildings or structures.

     "User charges" means rates, charges and/or fees levied on the users of the wastewater

collection and treatment system related to the costs of operation, maintenance, repair and

replacement of the wastewater collection and treatment system.

     The City of Warwick may provide for the construction of sewers and for other sewage

works for said city and may raise funds therefor by borrowing or otherwise, and for that purpose

may issue bonds or notes for the city in accordance with the provisions hereinafter stated or under

other authority.

     The sewer authority shall provide that annual charges shall be made upon the owners of

the lands parcels using the sewer sewage works and that sewer assessments shall be made upon

the owners of lands parcels for which the use of sewage works is available. The sewer authority

may further provide that connect capable charges shall be made upon property parcel owners

whose property parcel is abutting on that portion of any highway in which a common sewer is

laid, while said parcel property remains unconnected to the city's sewage works system. The

receipts from annual charges, sewer assessments and connect capable charges shall be

appropriated for and applied to the payment of the charges and expenses incident to the planning,

construction, financing, operation, maintenance, repair, renewal and replacement costs of the

sewage works, and to the payment of principal and interest costs for any bonds or notes issued or

outstanding for the sewage works, and any deficiency of said receipts in any year for said

purposes shall be made by the city tax pending the authority in the next fiscal year eliminating

said deficiency and reimbursing the city for any moneys advanced through the increasing of the

rates established for annual charges and/or connect capable charges.

     Section 2. Sewer authority.

     There shall be a bi-partisan sewer authority for the city consisting of five (5) qualified

electors of the city, not more than three (3) of whom shall be members of the same political party,

to be appointed by the mayor subject to confirmation by the city council. It shall be the purpose

of the sewer authority to provide wastewater collection and treatment services to the city of

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Warwick in a cost effective and environmentally sound manner. Upon passage of this act,The

mayor, within eighty (80) days thereafter, shall appoint the five (5) members of the authority, two

(2) of each from lists of not less than three (3) ten (10) names submitted by the respective

chairman of the city political committees and one (1) member without party designation; one (1)

member to hold office until one (1) year from the first day of February preceding said

appointment, one (1) member to hold office until two (2) years from the first day of February

preceding said appointment, one (1) member to hold office until three (3) years from the first day

of February preceding said appointment, one (1) member to hold office until four (4) years from

the first day of February preceding said appointment, and one (1) member to hold office until five

(5) years from the first day of February preceding said appointment, and Iin in the month of

January preceding the expiration of the term of each of said the authority's members, the mayor

shall appoint one (1) member to succeed the member whose term will next expire to hold office

for the term of five (5) years from the first day of February next after his appointment and until

his successor is appointed and qualified in the same manner as provided in the original

appointment for such term. In case any person appointed as a member of said authority shall

decline to serve or neglect to qualify within ten (10) days after his appointment, or a vacancy

shall occur in said authority for any other cause, the mayor, within thirty (30) days, shall appoint

some person to fill such vacancy for the unexpired term in the same manner as provided in the

original appointment for such term. A person holding any other office of emolument or profit

under the government of the city shall not be eligible to membership on the authority and if any

member of said authority shall accept any such office or shall remove from the city, his place on

the authority shall immediately become vacant. The members of the authority shall be severally

sworn to the faithful performance of their duties under this act. They shall elect from among their

members a chairman and a secretary at the first meeting after the organization and upon the

appointment of any new member for a full term and shall fill any vacancy that may occur in either

office from any cause. A majority of the members of the authority shall constitute a quorum for

the transaction of business. The mayor may remove any member of the authority from office for

cause shown after a hearing before the city council of which such member shall be given seven

(7) days' notice in writing.

     The mayor, with the advice and consent of the city council, shall fix the compensation of

the members of the authority and shall annually appropriate a sum sufficient to pay the same

together with a sum sufficient for office expenses.

     The authority may adopt by-laws governing the transaction of business by an affirmative

vote of at least four (4) members, but no such by-laws shall authorize any action by the authority

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except by the affirmative a majority vote of at least three (3) members thereof and with the advice

and consent of the mayor.

     The authority appointed by the provisions of this section, until the remaining sections of

this act take effect upon acceptance by referendum as further provided herein, shall have the

following interim powers and duties:

     The authority shall review the sewer survey (Facilities Plan) in order to develop

procedures for the implementation of the general sewer program and to conduct preliminary

studies in order to execute the administrative details contained in this act.

     Such activities may include:

     (a) The planning and programming of the various phases of the sewer project, and

     (b) A review of the procedures of various financing programs in terms of charges and

assessments to be instituted upon the commencement of the construction of sewers, and

     (c) An establishment and exercise of a public information program. The members of the

authority and their duly authorized agents may enter upon any premises within the city to

examine, inspect or survey the same, whenever necessary for the performance of their duties

under this act.

     Section 3. Preparation of plans; public hearing; reports; specifications; estimates.

Without in any way limiting the authority of said the city to provide sewers anywhere within the

territorial limits of the city, the sewer authority, with the advice and consent of the mayor, may

authorize the construction, maintenance, and operation of sewage works from time to time in

different areas or sections of the city. The authority shall proceed to prepare construction plans,

specifications and cost estimates of sewage works for the city, or any portion thereof, allowing

the streets and highways in which the sewers will be placed and the location of other sewage

works to be placed outside of the street and highway limits. The authority shall also prepare, or

have prepared, a report describing the proposed sewage works and a complete estimate of costs

therefor.

     When such plans, specifications, report and estimates are completed or at other times in

the development stages, they-the authority shall cause to be held a public hearing pursuant to the

authority's rules and procedures. Notice of the hearing shall be published in a public newspaper

having circulation in the City of Warwick at least five (5) days prior to the hearing.

     The finance director, with the consent of the mayor and a requisition approved signed by

a majority of the authority and signed by the authority's chairman, shall appropriate a sum

sufficient to pay the cost of preparing the plans, specifications, report and estimates provided for

in this section, to be expended by the authority, and to be paid by the city treasurer upon vouchers

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approved by the mayor and a majority of the authority and the finance director, and the city

treasurer shall repay the treasury any sums so expended whenever sewer bonds or notes are

issued as hereinafter provided.

     In the preparation of plans, specifications, reports and estimates provided in this section,

the authority may, with the consent of the mayor, from time to time employ and fix the

compensation of such consulting engineers, legal advisers, and other professional experts, and

such other employees as it may find necessary and may discontinue the employment of any or all

such employees.

     Section 4. Construction of works; contracts; operation and maintenance of works;

employment of professionals; records; minutes.

     Upon the completion of a public hearing of the plans, specifications, reports and

estimates as provided in section 3 hereof, the sewer authority, with the advice and consent of the

mayor, shall proceed as soon as may be practicable to carry out construction work contemplated

by the plans aforesaid. The authority, with the advice and consent of the mayor, shall be vested

with full authority to construct sewage works for said the city and to make for and on behalf of

the city all necessary contracts for construction and for the purchase of property., The authority

may purchase any Supplies supplies and equipment for the construction, operation and

maintenance of any sewage works. All work, supplies, materials and equipment required by the

authority in connection with the construction of the sewage works shall be procured by contract

made pursuant to and in manner required by the provisions hereof. For all contracts involving

more than five thousand dollars ($5,000), except in the case of legal services, the services of

consulting engineers and other professional services, said the authority shall not issue purchase

orders without obtaining the prior consent of the mayor and thereafter filing a monthly report of

such contracts and purchase orders with the mayor and city council. The operation, maintenance

and reparation repair of said the sewage works shall be vested in the authority.

     The authority, with the advice and consent of the mayor, may from time to time employ

and fix the compensation of such professional engineers, legal advisors, surveyors, draftsmen,

clerks, and other employees as it may find necessary for the construction, operation, maintenance

and repair of said the sewage works, and may at any time discontinue the employment of any or

all such employees subject to compliance with the rules and regulations of the city's personnel

administration. The authority shall cause to be kept a record of all its accounts and proceedings

and an accurate account of all its transactions, and shall annually, and at such other times as

directed by the mayor or the city council, report to the mayor and city council its doings and

make a report in detail of its financial accounts. The authority shall keep minutes of all its

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proceedings showing the vote of each member upon each question or if such member be absent or

fails to vote, indicating such fact; and shall keep records of its examinations and of other official

actions, all of which shall be filed and shall be a public record.

     Section 5. Reserved.

     Section 6. Reserved.

     Section 7. Reserved.

     Section 8. Custody and accounting of funds raised by bonding or notes.

     The proceeds arising from the sale of any bonds or notes issued under authority of this act

shall be delivered to the city treasurer and shall be kept by him in separate accounts and shall be

expended only for the purposes and in the manner prescribed by this act, provided that the

proceeds of the sale of any issue of serial bonds or notes shall first be applied to the payment of

such temporary notes as may have been issued in anticipation of such issue, and provided further

that any premium received over the par value of the serial bonds or notes of any issue, less the

cost of preparing, issuing and marketing such serial bonds or notes shall be applied to the

payment of the principal of the first bonds or notes of such issue first to mature.

     Section 9. Apportionment of costs; sewer assessments and charges; enforcement of

charges and assessments.

     The authority, with the advice and consent of the mayor, shall prescribe just and equitable

sewer assessment rates on account of the construction costs, to be levied against owners of

property parcels abutting on that portion of any highway in which a common sewer is laid under

this act and also rates of annual and connect capable charges on account of operation and

maintenance costs renewal and replacement funding and the cost of principal and interest for any

bonds or notes issued for sewage works, to be levied against owners of property-parcels which is

are or could be connected to a common sewer.

     Such assessments, annual and connect capable charges herein referred to shall be paid by

every property parcel owner or institution-whose parcel property is or can be connected to the

city sewage works, in a manner prescribed by the authority, with the approval of the mayor and

the finance director.

     Notwithstanding the foregoing, the authority shall have discretion to may defer sewer

assessments against parcels of land that are undeveloped or not developed to the extent

permissible by city zoning ordinances provided that such parcel parcels remain subject to

assessment upon the earlier to occur of either, (i) development or redevelopment of such parcel

parcels in accordance with the authority's rules and regulations, of land; or (ii) twenty (20) years

from the date of initial assessment. Similarly, the The authority shall have discretion to may defer

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sewer assessments against any parcels, of-land if the owner of such a parcel, within seven (7)

years of the date of the sewer assessment, has installed a new OWTS septic system within twenty

(20) years of sewer service initially becoming operational, provided that such parcel shall remain

subject to assessment and shall begin paying such assessment at twenty (20) least seven (7) years

from the date of the installation of the OWTS or upon connection to the sewer system, whichever

occurs first initial assessment.

     The sewer assessments may-shall be determined by a method(s) adopted by the sewer

authority that assesses charges for use of the sewers and sewer systems in an amount that bears a

reasonable relation to the cost of construction to the city and authority of the service rendered to

the users, which method(s) may include, but is not limited to, . according to the frontage along the

highway of each parcel of land abutting on a common sewer, or according to the area of such land

within a fixed depth from the highway, or according other alternative methods-to both such

frontage and area. The sewer authority with the advice and consent of the mayor may, from time

to time, redetermine the rates fixed for sewer assessments, if construction costs warrants, and may

redetermine rates for annual and connect capable charges if costs so warrant.

     The sewer assessments herein referred to shall be paid by every property parcel owner or

institution whose property-parcel is abutting on that portion of any highway in which a common

sewer is laid under this act or is connected to the city's sewage works. In the case of property

connected to the City's sewage works where that property is not-abutting on any highway in

which a common sewer is laid, the property will be assessed in the same manner as if the

common sewer-were-abutting the highway to which the property is-connected in a manner

consistent with this Act.

     Sewer assessments levied hereunder may be paid in as many as twenty (20) thirty (30)

annual installments in accordance with the terms of the loan secured for sewer construction, upon

application by the property parcel owner and approval of the sewer authority. In the case of

installment payments, interest at a rate not to exceed four percent (4%) per annum for assessment

in effect prior to June 30, 1998, and for assessments established thereafter a maximum rate of

1.25% above the average interest rate the authority is charged on the loan that is not to exceed

nine percent (9%) per annum reasonably related to the interest rate charged to the city or sewer

authority to borrow money-used to fund the construction of the sewers service rendered to the

users shall be charged annually on the unpaid balance of the total sewer assessment. Such annual

installment payments may be paid on a quarterly basis.

     Sewer assessments shall be levied at a uniform rate based upon the final estimated cost of

constructing all sewers, sewer service connections and other sewage works belonging to the city.

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Sewer assessment revenues shall be used for the payment of the principal and interest costs for

any bonds or notes issued for sewage works.

     Annual charges shall be levied upon every property parcel owner or institution whose

property parcel is connected to the city's sewage system. The change charge will be computed

based upon water consumption or other factors deemed equitable by the sewer authority. The

annual charge shall should be set at a level sufficient to support operation and maintenance costs

of the sewer system and the wastewater treatment plant, the renewal and replacement fund and

the principal and interest for any bonds or notes issued for sewage works. The revenues to be

raised by annual charges will be reduced by revenues generated by sewer assessments and

connect capable fees.

     Connect capable charges may be levied in lieu of annual charges upon every parcel

property owner or institution whose property parcel is abutting on that portion of any highway in

which a common sewer is laid while said property parcel is not connected to the aforementioned

sewerage sewer system, but is capable of doing so. Connect capable charges shall be established

by regulation. The charge will be established at a level determined by the sewer authority to

recover an equitable portion of the principal and interest for any bonds or notes issued for

sewerage sewage works and renewal and replacement funding, and shall be subject to consent by

the mayor and the Warwick city council.

The authority shall annually certify to the finance director and to the mayor all the

charges and sewer assessments made by it under the authority of this act. Each charge or

assessment made by said the authority pursuant to this act shall be a lien upon the parcels, lands,

buildings and improvements upon which it is made in the same way and manner as taxes assessed

on real estate, but such liens shall not expire until the charge or assessment with all interest, costs

and penalties thereon is paid in full, and, if the charge or assessment is not paid as required, it

shall be collected In the same manner that taxes assessed on real estate are by law collected. The

finance director, after receiving a list of charges or assessments under this act, shall forthwith, at

the expense of the authority, send to each person assessed or charged notice of the amount of his

assessment or charge. The notice shall substantially identify the person assessed, state the amount

of the assessment or charge and refer to the remedy available under section 19 of this act. The

notice shall be mailed postpaid and directed to the last known address of the person assessed. If

there are persons whose addresses are unknown, a similar notice covering the assessments against

such persons shall be published in a newspaper of general circulation in the city and such

published notice may be a single collective notice for all such persons. No irregularity in the

notice required by this section shall excuse the nonpayment of the assessment or charge or affect

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its validity or any proceedings for the collection thereof as long as there is substantial compliance

with the provision hereof. No deficiency in the notice to the person assessed shall excuse the

nonpayment by others of the assessment or charges assessed against them or affect the validity

thereof or any proceedings for the collection thereof. The finance director shall without further

warrant collect such charges and assessments in the same manner as the regular taxes of the city

may be payable. Interest at the rate per annum fixed for nonpayment of city taxes shall be charged

and collected upon all overdue charges and assessments from the date they become payable until

paid, provided however, that the total overdue charge for nonpayment of installment of sewer

assessments shall be applied to past due installments and not the total assessment; and provided

further, that there shall be no penalty on installment assessments deferred by reason of income

subject to rules and regulations that the Warwick city council may prescribe by ordinance.

     The authority with the advice and consent of the mayor may at any time cancel modify in

whole or in part any charge or assessment to the extent the authority determines such charge or

assessment to have been improperly imposed.

     Section 9.1 Renewal and replacement account.

     The city finance director shall establish in a separate account for renewal and

replacement. The purpose of the account is to provide for the future renewal or replacement of the

current and future physical assets of the wastewater treatment plant whose cost is in excess of ten

thousand dollars ($10,000) with an economic life of at least five (5) years. The renewal and

replacement account will be funded annually through annual charges and connect capable fees, as

determined by the sewer authority, in an amount equal to total gross depreciation expense as

computed under generally accepted accounting principals, including the amortization of local and

nonlocal contributed capital or an alternative amount based on industry standards. Interest earned

on monies deposited in the renewal and replacement fund will be credited to the account.

Withdrawals from the account, subject to the aforementioned limitations of cost and economic

life, must be approved by the sewer authority.

     Section 10. Receipts from annual charges and assessments.

     The receipts from annual charges, sewer assessments and connect capable charges, as

provided for in section 9 of this act, should be separately accounted for by the finance director; at

the close of each fiscal year the city treasurer shall transfer from such funds to the treasury a sum

sufficient to repay the sums appropriated and paid from the treasury during the fiscal year then

close on account of the principal and interest of all borrowing for the purpose of this act and for

the payment of charges and expenses incident to the operation, maintenance, renewal and

replacement fund and repair of said sewage works or to the extension thereof. At the end of a

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fiscal year, if the finance director determines that the revenues referred to above as well as prior

year fund balances were not sufficient to cover operation and maintenance costs, renewal and

replacement funding and principal and interest for any bonds or notes issued for sewage works,

thereby creating insufficient end of year balances, charge shall be adjusted in the next fiscal year

to assure sufficient balances in the sewer fund. If the receipts from said charges and assessments

amount in any year to more than will be required for the aforesaid purposes, the surplus shall be

added to the receipts of the next succeeding year.

     Section 11. Recovery of assessment charge by joint tenant, tenant in common, etc.,

from other tenant.

     Whenever a tenant by the entirety, or a joint tenant, or a tenant in common of any land

parcel subject to a sewer charge or assessment under this act, shall pay the whole amount of such

sewer charge or assessment, such tenant he may recover from the other joint tenant or tenant in

common, as the case may be, such proportional part of such charge or assessment as the value of

the latter's interest in the land parcel bears to the aggregate value of such parcel land, by

proceedings in the superior court for the county of Kent in the nature of an action of account as

provided in G.L. 1956, § 10-2-1 et seq., and in any acts in amendment thereof or in addition

thereto, and such action is hereby made available for the purposes of this section. The same shall

apply as between a tenant for life or years and the owner of the fee with respect to construction

assessments. Whenever the owner of the fee shall pay an annual charge, such owner he may

recover the amount so paid from the tenant in a similar action to the extent [it] is attributable to

the period of the tenancy. The provisions of this section shall not be construed to impair any other

right of action which the party paying such charge or assessment may have at law or in equity to

secure a contribution from the other parties having an interest in the parcel land subject to such

charge or assessment.

     Section 12. Appeal of assessment of irregularly, unusual land; assessment of lots at

intersections of roads.

     The owner of a lot of land irregular in shape or which is unduly above or below grade or

which for any reason is deemed to be inequitable assessed under this act, in the event such an

assessment is made , may appeal to the sewer board of review as hereinafter provided in section

[2-19] of this act. The authority, with the advice and consent of the mayor, may notwithstanding

an appeal, omits own initiative, adjust the sewer assessment on such a lot or exempt such a lot

from assessment.

     Where a lot is located at the intersection of two streets or highways in which sewers have

been constructed, the sewer assessment on such lot shall be made only for the sewer in the street

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or highway in which the assessment would be greater.

     (P.L 1962, ch. 254, § 12; P.L. 1991, ch. 86, § 12)

     Section 13. Assessments for land parcels held by religious corporations, cemeteries.

     All lands parcels in said the city held by religious corporations, and on which are located

buildings used solely for the purpose of holding religious services therein, and all lands parcels in

said the city held by cemetery corporations and used solely for cemetery purposes, shall be

exempt from the payment of any and all sewer assessments for the construction of sewage works

made in pursuance of the provisions of this act and according to the sewer authority's rules and

regulations, so long as such lands parcels shall be held and used solely for such purposes;

provided, that all such assessments made on such lands parcels for the construction of sewage

works under the provisions of this act shall be and remain for thirty (30) years a lien on said the

lands parcels and the improvements thereon without interest, and the said city may enforce for

collection of said the assessments whenever said the lands parcels or any portion thereof shall be

abandoned for from said the above-listed purposes, in the same manner as other sewer

assessments under this act are collected or enforced; and provided, further, that any such

assessment may be adjusted in the manner and for any of the reasons prescribed in section 12-of

this act.

     Section 14. Procedure for taking of land.

     The sewer authority with the advice and consent of the mayor on behalf of the city may

acquire by agreement, purchase or condemnation such· land or right or easement in land as may

be necessary for the purposes of this act. Whenever the authority desires to take any such land or

right or easement in land by condemnation, it shall file with the city clerk a plat, description, and

statement of such land or right or easement in land to be taken and a statement that such land or

right or easement In land is taken pursuant to the provisions of this act.

     Upon the recording of said plat, description and statement in the office of the city clerk,

the land or right or easement in land defined in such plat, description and statement to the extent

and according to the nature of the interest therein taken, shall vest in the city and shall be subject

to the use of the authority for the purposes of this act, and said authority may thereupon enter

upon and enjoy the rights, interests and easements taken as aforesaid; and after the filing of such

plat, description and statement, notice of such taking shall be served upon the owners of and

persons having an estate in and interested in such land by any police officer of the City of

Warwick leaving a true and attested copy of such description and statement with each of such

persons personally, or at their land and usual place of abode in this state with some person living

there, and, in case any of such persons are absent from the state and have no last and usual place

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of abode therein occupied by any person, such copy shall be left with the persons, if any, in

charge of or having possession of such land of such absent persons, and another copy thereof

shall be mailed to the address of such absent persons if the same is known to said officer; and

after the filing of such description and statement, the city clerk of said city shall cause a copy of

such description and statement to be published in some newspaper or newspapers published or

circulated in said city at least twice a week for three successive weeks; and if any party shall

agree with said authority for the price of the rights, interests or easement so taken, the same shall

be paid to him forthwith by said authority.

     The authority with the advice and consent of the mayor shall have general authority to

represent the city and to make any agreements for said city under the authority of this section and

to do, with the advice and consent of the mayor, any acts or things necessary or incidental to

executing settlements and agreements, and shall have authority to agree with the owner for the

price of land so taken and the same shall be paid by the city treasurer out of the proceeds of bonds

or notes issued hereunder or other funds made available for the purpose, upon vouchers approved

by the majority of the authority and the finance director.

     Any owner of or person entitled to any estate in or interested in any part of the land in

which such fee, rights, interests or easements are so taken who cannot agree with said city or

authority for the price of such fee, rights, interests or easements so taken in which he/she is

interested as aforesaid, may, within one year from the filing of the plat, description and statement

referred to in this section of this act, apply by petition to the superior court in and for the county

of Kent, setting forth the taking of such fee, rights, interests or easements in his land and praying

for an assessment of damages by a jury. Upon the filing of said petition the said court shall cause

twenty days' notice of the pendency thereof to be given to said city by serving the mayor of said

city with a certified copy thereof, and may proceed after such notice to the trial thereof; and such

trial shall determine all questions of fact relating to the value of such fee, rights, interests or

easements and the amount thereof, and judgment shall be entered upon the verdict of such jury

and execution shall be issued therefor.

     In case any owner of or person having an estate in or interested in such land shall fail to

receive personal notice of the taking as aforesaid, and shall fail to file the petition as provided in

this section, said court in its discretion may permit the filing of such petition subsequent to said

period of one year from the filing of such description and statement; provided, such person shall

have no actual knowledge of the taking of such fee, right, interest or easement in season to file

such petition.

     If any lands, or any fee, rights, interests or easements therein, in which any infant or other

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person not capable in law to act in his own behalf is interested, are taken by said authority under

the provisions of this act, said superior court, upon the filing therein of any such petition by or in

behalf of such infant or other person, may appoint a guardian ad litem for such infant or other

person, and such guardian may appear and be heard in behalf of such in fact infant or other

person; and such guardian may also, with the advice and consent of said superior court, may

prescribe, release to said city or authority all claims for damages for the fee, rights, interests or

easements in the lands of such infant or other person. Any lawfully appointed, qualified and

acting guardian of the estate of any such infant or other person, with the approval of the court of

probate within this state having jurisdiction to authorize the sale of lands within this state of any

such infant or person, may, before the filing of any such petition, agree with said authority upon

the amount of damages suffered by such infant or other person by any such taking and may, upon

receiving such amount, release to said city or authority all claims of damages of such infant or

other person for such taking.

     Any damages assessed as the result of petition to the superior court shall be paid by the

city treasurer from the proceeds of bonds or notes issued hereunder or other funds made available

for the purpose upon vouchers approved by the mayor and the majority of the authority and

finance director, provided, however, that nothing in this act shall authorize the authority to

condemn any portion of the land or right-of-way of any railroad, street, railway or other public

service company, except for the purpose of crossing the same below grade and of building and

maintaining necessary manholes at such crossing in such manner as not to render unsafe, or to

impair the usefulness of such land or right-of-way for railroad or street railway purposes or the

purposes of such other public service company. If said authority and such railroad, street, railway

or other public service company are unable to agree as to the method of the construction and

maintenance of such sewer and manholes at any such crossing, either party may apply to the

division of public utilities for a determination thereof, and, after hearing, such sewer and

manholes shall be constructed and maintained in such method and manner as may be ordered by

said division. Either party aggrieved by such order of said division may appeal to the supreme

court.

     Prior to any taking hereunder, the authority shall provide specific funds for payment of

compensation, the use of such funds for such purpose shall be a fixed obligation of the city, and,

notwithstanding anything to the contrary herein, the full faith and credit of the city shall be

deemed pledged to pay such compensation.

     Section 15. Contracts with other municipalities, the state.

     The city, acting by its sewer authority and the mayor. is further authorized to contract

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with any other city, or town or municipal agency in this state or with the State of Rhode Island,

[and any other city or town in this state and the State of Rhode Island or any quasi-public agency

in this state] is authorized to contract with the City of Warwick authority with the advice and

consent of the mayor, on such terms as may be mutually agreed upon between them with

reference to the construction, maintenance, operation and the utilization of sewage works

belonging to the city and authority or any other city or town or municipal agency in this state and

the State of Rhode Island or any quasi-public agency in this state; and the authority, with advice

and consent of the mayor, city may likewise contract with any other city or town or municipal

agency or the State of Rhode Island or any quasi-public agency in this state with regard to the

disposition of sewage from sewage works belonging to any of said cities or towns or municipal

agency or the State of Rhode Island. or any quasi-public agency in this state.

     Section 16. Authority to prescribe rules and regulations governing construction, use,

discharge of substances, and connections, and sewer assessments.

     The sewer authority, after notice and a public hearing, and the advice and consent of the

mayor, is authorized from time to time to prescribe rules and regulations, subject to ratification by

the city council, relative to the regulation of, construction of, use of, discharge of substances into

and connections to the sewage works, and assessment of properties abutting a sewer line,

determining the method of sewer assessments and the rate of interest for sewer assessment

installment payments. These rules and regulations shall cover the restriction of storm waters,

wastes which may or may not be discharged into the sewer system, the requirement for the

property parcel owner or sewer user to provide protective devices prior to discharge, sampling

wells to determine strength of wastes, flow measuring devices, pretreatment facilities and any

other requirement to provide proper protection and control of the use of the sewage sewer system

and sewage- treatment facilities. Such rules or regulations adopted after a public hearing shall be

filed with the city clerk. Any person violating any rule or regulation prescribed by the authority

under the authority of this act shall be fined not exceeding five thousand dollars ($5,000) for each

violation, and not exceeding five thousand dollars ($5,000) for each additional day that any such

violation shall continue, as may be prescribed by the authority, and shall also be liable in an

action of the case for all damages caused to the city or to any person by any such violation.

     Section 17. Authority to order connection to sewer; ordering cesspool, etc. to be

filled up, etc.

     (a) The sewer authority with the advice and consent of the mayor in the interest of public

health and safety is authorized to order any abutting owner or occupant of land any parcel

whereupon there is a cesspool, privy vault, drain or other arrangement that has failed by Rhode

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Island department of environment management definition upon any street in which there is a

sewer or in which a sewer may hereafter be constructed, to connect the sewage of such premises

with such sewer, and to order any owner or occupant to fill up and destroy any cesspool, privy

vault, drain or other arrangement on such land parcel for the reception of sewage. Upon the

service of any such order, or copy thereof, upon any such owner or occupant, to connect the

sewage as aforesaid, or to fill up or destroy any cesspool, privy vault, drain or other arrangement

for the reception of sewage, such owner or occupant shall comply therewith within thirty (30)

days from the time of service of such order. In case the owner or occupant to whom any such

order is directed shall neglect or refuse to comply therewith within thirty (30) days after the

service thereof upon him/her, he/she shall be fined not less than one hundred dollars ($100) nor

more than five hundred dollars ($500.00) for each subsequent twenty-four (24) hours during

which he/she shall neglect or refuse to comply therewith and in case such neglect or refusal shall

continue for sixty (60) days after the service of such an order, the authority may cause such

cesspool, privy vault, drain or other arrangement for the reception of sewage which is the subject

of such order to be filled up and destroyed and the sewage from such parcel land to be connected

with a common sewer. The pendency of any appeal from any such order shall not affect the

power of the authority, after the expiration of said period of sixty (60) days, to cause such

cesspool, privy vault, or other arrangement for the reception of sewage to be forthwith filled up

and destroyed.

     Whenever the authority shall cause any cesspool, privy vault, or other arrangement for

the reception of sewage to be filled up and destroyed, or the sewage of any land parcel to be

connected with a common sewer, it shall keep careful account of the cost of such work and of any

expense caused the city or authority by reason of the neglect or refusal of the owner or occupant

of such land parcel to comply with the order of the authority issued as aforesaid, and upon the

completion of such work the authority shall file statement of such cost and expense with the

director of finance and thereupon the amount of such cost and expense shall be a lien upon the

land parcel, including improvements thereon, for which such cost and expense was incurred and

the same shall be collected in the same manner as other assessments and charges are collected

under this act.

     (b) Mandatory connection to sewer prior to sale or transfer. Any abutting owner or

occupant of land any parcel upon any street in which there is a sewer must connect the sewage of

such premises with such sewer and fill up and destroy any cesspool, privy vault, drain or other

arrangement on such land parcel for the reception of sewage, excluding any Rhode Island

department of environmental management OWTS ISDS approved system, prior to the one year

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anniversary of the sale or transfer in ownership. If such abutting owner or occupant of land any

parcel who is required to connect to the sewage system fails to do so in the prescribed time

period, then such abutting owner or occupant of and shall be required to pay usage fees as if such

abutting owner or occupant of land were connected to the sewage system.

     If such owner or occupant of any parcel who is required to connect to the sewage system

fails to do so in the prescribed time period, then such abutting owner or occupant of the parcel

shall be required to pay usage fees as if such owner or occupant of the parcel were ·connected to

the sewer system.

     (c) Notwithstanding the provisions of any law, rule, regulation or agreement to the

contrary, an abutting owner or occupant of land any parcel upon any street in which there is a

common sewer shall not be required to connect to the sewage system, except as provided under

subsections (a) or (b) or (c)(b) of this section.

     (d) The authority shall establish rules and regulations to allow for temporary hardship

waivers from these requirements to connect to the sewer system for those parcel owners that

demonstrate undue hardship (as defined in the WSA regulations). Any waiver granted shall expire

upon transfer or sale of the land or easement upon which the cesspool or OWTS is located. The

authority shall also establish an incentive program for connecting to the sewer system prior to the

deadlines set forth in subsection (b) of this section. The city council may, at any time, appropriate

funds to support these programs.

     Section 18. Plat of sewer declared public record for assessment purposes.

     Whenever a common sewer is constructed under the provisions of this act, the sewer

authority shall cause a plat of the layout of the same and of the estates abutting upon that portion

of the highway in which the sewer is laid to be filed in the office of the city clerk, which the said

plats are hereby declared to be public records for the determination of the description of the estate

assessed for construction of sewage works.

     Section 19. Sewer board of review; appeals; record of proceeding; organization and

procedure.

     There shall be a sewer board of review which shall consist of three (3) members

appointed by the Mayor with approval of the city council. The members first appointed shall

serve for terms of 1, 2 and 3 years respectively and thereafter one member shall be appointed in

each year for a term of three years.

     Within 60 days after mailing of notice of an assessment or charge under section 9 or

within 30 days after giving or mailing of notice of an order under section 2.17, any person

aggrieved by such assessment, charge or order may appeal to the sewer board of review.

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     The sewer board of review shall keep an accurate record of its proceedings which shall be

available for public inspection.

     The board shall review the authority's decision to ensure that the authority's decision

complies with the provisions of this act and the rules and regulations promulgated thereunder. If

the board determines that such an assessment charge or order is unwarranted was made in

violation of the express provisions of this act, either in whole or in part, it shall annul or modify

the same and make such order as justice may require. Otherwise it shall affirm the same. Within

30 days after the decision of the sewer board of review, any party aggrieved, which may include

including the sewer authority, may appeal to the superior court. which shall have the same

powers-to annul, modify, enter further orders or affirm as the sewer board of review.

     The city council shall provide by ordinance for the organization of procedure of the sewer

board of review. and for the manner of receiving, considering and disposing of appeals.

     Section 20. Reserved Public Hearings.

     The authority shall be required to hold public hearings for various reasons including, but

not limited to, proposed annual budgets, rate increases, and for the adoption of rules and

regulations. The authority shall develop regulations for public hearings to include notice

requirements, distribution of associated documents and response to substantive and relevant

comments from the public.

     Section 21. Reserved.

     Section 22. Use of federal, other aid.

     The sewer authority of said the city by the vote of a majority of its members may vote to

accept and use in connection with the construction of the sewage works authorized by this act any

funds from the United States of America or aid in any form under any and all acts and joint

resolutions of congress already enacted or which may be enacted, and upon such terms and

conditions as may be required by the proper federal authorities.

     Section 23. Severability.

     If any part, clause, division or section of this act shall be declared unconstitutional, the

validity of its remaining provisions shall not be affected thereby.

     Section 24. Effect on power of city to incur indebtedness.

     This act shall not affect any other power which the city may have under any other

provisions of law to incur indebtedness.

     Section 25. Reserved.

     Section 26. Effective date. This legislation shall become effective upon passage. The

WSA shall adopt rules and regulations within one year thereafter in accordance with this act.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE CITY OF WARWICK - SEWER AUTHORITY

***

     This act would make a number of changes to the enabling act for the Warwick Sewer

Authority.

     This act would take effect upon passage.

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