2015 -- H 6238 AS AMENDED

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LC002619

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO THE CITY OF WARWICK -- SEWER AUTHORITY

     Introduced By: Representatives Naughton, McNamara, Bennett, Shekarchi, and

     Date Introduced: May 22, 2015

     Referred To: House Municipal Government

     (By request)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 1, 2, 3, 4, 8, 9, 9.1, 10, 11, 13, 14, 15, 16, 17, 18, 19 and 22 of

Chapter 254 of the Public Laws of 1962 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 amended, is are 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 of 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 the 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.

     "Cooling water" shall include the clean waste water wastewater 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, wastewaters 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

improvement 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 (2) 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

upon or affixed to the land.

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

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

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them, discharged into and conveyed by sewers or intended or customarily so discharged and

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

     "Sanitary sewage" shall mean the common waste water wastewater 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 wastewater from

hydraulically operated contrivances and those wastes included within the definition of "industrial

waste" next following.

     "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 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 a building the property line of a parcel 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

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

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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 (2) 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 user 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 make upon property owners whose

property is abutting on that portion of ay highway in which a common sewer is laid, while said

property remains unconnected to the city's sewage system. The receipts from annual user charges

and, 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 user 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 Warwick in a cost effective and environmentally sound manner.

Upon passage of this act, the The mayor, within eight (80) days thereafter, shall appoint the five

(5) members of the authority, two (2) of each from lists of ten (10) not less than three (3) names

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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) years 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 in 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 majority all voting, but no such by-laws shall authorize any

action by the authority except by a majority the affirmative 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

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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

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 signed approved 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

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

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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 professional – Records– Minutes 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

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

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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 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 rats rates on account of the construction costs and

the cost of principal and interest for any bonds or notes issued for sewage works, 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 annual user charges on

account of operation and maintenance costs and 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 or in accordance with

section 17(b).

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

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

sewage works, abuts on that portion of any highway in which a common sewer is laid, under this

act, in a manner prescribed by the authority, with the approval of the mayor and the finance

director. Such annual user charges herein referred shall be paid by every parcel owner whose

parcel is connected to a common sewer, or in accordance with section 17(b), 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 septic system OWTS 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 least seven (7) twenty (20) 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 the 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 to both such frontage

and area other alternative methods. 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 warrant, and may redetermine rates for annual and connect capable user 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, 1988, and for assessments established thereafter a maximum rate of one

and twenty-five hundredths percent (1.25%) above the average interest rate the authority is

charged on the loan used to fund the construction of the sewers not to exceed nine percent (9%)

per annum 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 estimated final 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 User 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 user charge should shall 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 user charges will be reduced by revenues generated by sewer

assessments and connect capable fees.

     Connect capable charges may be levied upon every 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 system, but is capable of

doing so. The charge will be established at a level determined by the sewer authority to recover

an equitable portion of the principal for any bonds or notes issued for sewerage 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

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

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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 non-payment 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 user 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 principles, 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 Receipts from user charges

and assessments. -- The receipts from annual user charges and, 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 fiscal year, if the finance director determines that the revenues referred to above as well

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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 Recovery of assessment charge by joint, tenant, tenant in common, etc., and the like,

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, he such tenant 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 land parcel, 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 a user

charge, he such owner may recover the amount so paid from the tenant in a similar action to the

extent 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 land parcel subject to such charge or assessment.

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

intersection 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 inequitably 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 19 of this act. The authority, with the advice and consent of the mayor, may

notwithstanding an appeal, on its 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

or highway in which the assessment would be greater.

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

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for 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 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 land and usual

place 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

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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

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

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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 with any other city, or town or

municipal agency in this state or with 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

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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 city authority with the advice and consent

of the mayor 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 town 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 Authority to prescribe rules and regulations governing

construction, use, discharge of substances, 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 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 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.

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

waivers for those parcel owners that demonstrate undue hardship as defined in the WSA

regulations. The authority shall also establish an incentive program for connecting to the sewer

system. The city council may at any time appropriate funds to support these programs.

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

etc Authority to order connection to sewer, ordering cesspool, and the like, to be filled up, and the

like. – (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 where

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upon there is a cesspool, privy vault, OWTS, drain or other arrangement that has failed by the

Rhode Island department of environmental 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 ($100.00)

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 land parcel 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

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

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 land the parcel shall be required to pay usage

fees as if such abutting owner or occupant of land the parcel were connected to the sewage

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.

     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 said the 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 proceedings; 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 17, any person

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

     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.

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     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 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 2. Section 12 of chapter 254 of the public laws of 1962, 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 amended, is hereby repealed.

     Section 12. Appeal of assessment of irregular, unusual land; assessment oflots at

intersection 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 inequitably 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 19 of this act. The authority, with the advice and consent of the mayor, may

notwithstanding an appeal, on its 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

or highway in which the assessment would be greater.

     SECTION 3. Public Laws of 1962 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 amended is hereby further amended by adding thereto the following sections:

     Section 26. 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 27. Compliance with General Laws; wastewater management; septic system loan

programs. – (a) The authority shall comply with chapter 22.2 of title 45 (Rhode Island

Comprehensive Planning and Land Use Act).

SECTION 4. This act shall take effect upon passage and the sewer authority shall adopt

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

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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 various modifications to the enabling act for the Warwick Sewer

Authority.

     This act would take effect upon passage and the sewer authority would adopt rules and

regulations within one year thereafter in accordance with this act.

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