Introduced By: Representatives Sherlock, Naughton, Ginaitt, Flaherty and McNamara
Date Introduced : March 31, 1998
Referred To: Committee on Finance
It is enacted by the General Assembly as follows:
SECTION 1. Sections 1, 4, 5, 6, 7, 9, 10, 16, 20, 21 and 25 of 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" are hereby amended to read as follows:
{DEL Section 1. Authority to plan, etc., sewage works:
definitions; bonding authorized: sewer charge, assessment authorized.
-- DEL} {DELThe 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 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 and disposal of the sewage of said city. DEL}
{DEL As used in the act, unless the context otherwise requires: DEL}
{DEL "Mayor" means the mayor of the city of Warwick. DEL}
{DEL "City" means the city of Warwick. DEL}
{DEL "City Council" means the city council of the
city of Warwick. DEL}
{DEL "Highways" means any state or other highway
and any public street, alley, park parkway, driveway, bridge or
public place. DEL}
{DEL "Sewage works" means all constructions for
collection, transportation, pumping, treatment and final disposition
of sewage. DEL}
{DEL "Common sewer" means a sewer in which all abutters
have equal rights of entrance and use. DEL}
{DEL "Force mean" means a sewer wherein sewage is
moved by pressure. DEL}
{DEL "Sewer service connection" means a pipe to
convey sewage and wastes from a building to a common sewer. DEL}
{DEL "Sewer" 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 follows: DEL}
{DEL "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, street 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: DEL}
{DEL "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. DEL}
{DEL "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 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 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 of being discharge, without treatment
or purification, into any natural open stream or watercourse without
offense. DEL}
{DEL "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. DEL}
{DEL "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. DEL}
{DEL "Lateral sewer" means a sewer which does not
receive the sewage from any other common sewer. DEL}
{DEL "Submain sewer" means a sewer into which the
sewage from two or more lateral sewers is discharged. DEL}
{DEL "Main sewer" means a sewer into which the sewage
from two or more submain sewers is discharged. DEL}
{DEL "Authority" means the sewer authority authorized
by this act. DEL}
{DEL "Land" means and includes any land, including
building and other improvements thereon estate, riparial or other
right, easement, interest or waterway. DEL}
{DEL 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 of the city in accordance with the provisions
hereinafter stated or under other authority. DEL}
{DEL The sewer authority shall provide that annual charges
shall be made upon the owners of the lands using the sewer works
and that sewer assessments shall be made upon the owners of lands
for which the use of sewage works is available. The sewer authority
may further provide that connect capable charges shall be made
upon property owners whose property is abutting on that portion
of any highway in which a common sewer is laid, while said property
remains unconnected to the city's sewage 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 , renewal and replacement costs of the
sewage works, and to the payment of principal costs for any bonds
or notes issued for 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. DEL}
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 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.
"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 from air conditioning, industrial cooling, condensed 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.
"Land" means and includes any land, including building and other improvements thereon estate, riparian or other right, easement, interest or waterway.
"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 form two or more sub-main sewers is discharged.
"Mayor" means the mayor of the City of Warwick.
"Sewage" shall mean waster 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 follows:
"Sanitary sewage" shall mean the common waste water and water carried wastes form 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 form land surfaces or brooks, clean waste or overflows form 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 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 form the soil percolating into subsoil drains and through foundations 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 service connection" means a pipe to convey sewage and wastes from 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 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 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 of being discharge, 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.
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 using the sewer works and that sewer assessments shall be made upon the owners of lands for which the use of sewage works is available. The sewer authority may further provide that connect capable charges shall be made upon property owners whose property is abutting on that portion of any highway in which a common sewer is laid, while said property remains unconnected to the City's sewage system. The receipts from annual charges, sewer assessments and connect capable charges shall be appropriated for an applied to the payment of the charges and expenses incident to the planning, construction, financing, operation, maintenance, renewal and replacement costs for 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 4. Construction of works -- Contracts -- Operation
and maintenance of works -- Employment of professional --
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
city, and to make for and in behalf of the city all necessary
contracts for construction and for the purchase of property.
Supplies and equipment. All work, supplies, materials and equipment
required by there 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. {DEL In
DEL} {ADD For ADD} all contracts involving more than {ADD five
thousand dollars ($5,000) ADD} {DEL {ADD one thousand dollars
($1,000) ADD} DEL}, except in the case of legal services, the
services of consulting engineers and other professional services,
said authority {DEL with the advice and consent of the mayor DEL}
shall {DEL advertise for bids based upon proper specifications
to be prepared by said authority, and shall let such contract
or contracts to such bidder or bidders or bidders who will give
security, satisfacto5ry to said authority for the performance
of the their contract, after considering the relative competency
and responsibility of the bidders and the amount of their respective
bids. DEL} {ADD not issue purchase orders without obtaining
the prior consent of the mayor and thereafter filing a monthly
report of such contracts with the city council. ADD} The operation
maintenance and reparation of said sewage works shall be vested
in the authority.
{DEL The authority shall obtain approval by the city council
for all contracts involving more than two thousand five hundred
dollars ($2,500). DEL}
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 sewage works, and may at any time discontinue the employment of any or all such employees {ADD subject to compliance with the rules and regulations of the city personnel administration ADD}. The authority shall cause to be kept a record of all its accounts and proceedings and an accurate account of all its transaction, and shall annually, and at such other times as directed by the mayor or the city council, report to the city council its doings and make ad 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 fails to vote, indicating such fact; and shall keep records of its examination and other official actions, all of which shall be filed and shall be a public record.
SECTION 5. {DEL Authority authorized to borrow up to four
million -- Issuance of bonds, notes -- Terms and Conditions of
bond, notes -- Disbursement of funds. -- DEL} {DEL For the purpose of paying
the cost of all land acquired by the city under the authority
of this act and of all services, labor, materials and supplies
for the construction of pumping stations, sewage treatment works
and sewage disposal works and for constructing and laying force
mains, main sewers, sub-main sewers and lateral sewers, and for
connecting any such sewers to the boundary lines of abutting estates,
and for reconstructing, resurfacing, and repairing highways through
which sewers are laid, for all other necessary expenses and liabilities
under this act, other than expenses of maintenance and operation
of sewage works after the completion thereof, and for the purpose
of reimbursing the city treasury for sums advanced therefrom as
herein provided, and for the purpose of funding any temporary
notes or renewals thereof issued pursuant to section 6 hereof,
or for any one (1) or more of said purposes, the city of Warwick
is hereby authorized and empowered from time to time to borrow
upon the credit of said city such sums as may be necessary, not
exceeding in the aggregate four million dollars ($4,000,000);
and may issue serial bonds or serial notes therefor, or both serial
bonds and serial notes, including the bonds or notes authorized
in section 1 hereof, all of which serial bonds or serial notes
shall bear on their face the words "Warwick sewage work loan,
act of 1962." Each authorized issue shall constitute a separate
loan. Each such issue may be further designated as "Series
A" or "Series B," or otherwise, in the discretion
of the finance director. The bonds or notes authorized by this
section shall be in serial form and each authorized issue thereof
shall be payable in not more than thirty (30) years after date
of the bonds or notes of such authorized issue, and shall be payable
by such annual payments of principal as will extinguish the same
at maturity, and so that the first if such annual payments or
principal one each authorized issue shall not be later than three
(3) years after the date of the bonds or notes of such issue.
The amount of such annual payments on account of principal of
each such issue may be determined by the finance director who
may determine the amounts in equal, increasing or decreasing amounts
and such annual amounts, together with the interest on all debts
incurred under this act, except as the city is expressly authorized
by this act to borrow or fund such interest shall be annually
appropriated by the city council or annually assessed to the amount
that may be necessary, until the debt is extinguished. Such bonds
or notes shall e in registered or coupon form or in coupon form
registerable as to principal only or to both principal and interest
and may be in one (1) or more of said forms; and both principal
and interest shall be payable in any coin or currency of the United
States of America which at the time of payment is legal tender
for public or private debts. Said bonds or notes shall bear the
city seal and be signed by the city treasurer, and interest coupons,
if any, thereto affixed shall bear the facsimile signature of
the city treasurer then in office, or of any previous city treasurer
if the city council shall so provide. Said bonds or notes shall
be issued and sold at such prices, whether at, above or below
par and at such times and in such amounts as the finance director
may determine, subject to the provisions of this act. The amount,
maturities and other particulars of each authorized issue, except
as otherwise provided by this act, shall be determined by the
finance director. DEL}
{DEL The finance director, with the consent of the mayor and
a receipt or a requisition signed by a majority of the authority,
shall raise by the issue and sale of bonds or notes issued under
the provisions of section 5 or section 6 of this act, and shall
appropriate such sums out of the funds so raised as may be deemed
necessary from time to time to be expended by the authority for
the purpose of this act, which sums shall be paid out from time
to time by the city treasurer upon receipt of vouchers approved
by the mayor and a majority of the authority and the city finance
director. DEL}
{DEL The finance director with the consent of the mayor may
authorize the city treasurer to advance from the city treasury
such sums not otherwise appropriated as may be required for the
purposes of this act pending the borrowing of money as provided
by this act and the sums so advanced shall be repaid to the treasury
by the city treasurer from the proceeds of any borrowing hereunder
next after such advance. DEL}
SECTION 6. {DEL Authority to issue temporary notes for temporary
borrowing. DEL} {DEL The city of Warwick is hereby authorized and empowered
to borrow temporarily upon the credit of the city from time to
time such sums as may be deemed necessary to carry out the provisions
of this act, and to issue temporary notes therefor which shall
bear on their face the words "Warwick sewage works loan,
act of 1962, temporary note." Each authorized issue shall
constitute a separate loan. Each such issue may bear such additional
distinguishing designation, if any, as the finance director may
in his discretion determine. Each such issue may be for a period
of not more than three years, and notes issued under this section
for a shorter period than three years may be refunded or renewed
from time to time by the issue of other temporary notes maturing
within the required period of three years; provided that the period
from the date of issue of the original loan to the date of maturity
of the refunding or renewal loans shall not be more than three
years. Temporary notes issued under this section 6 may bear interest
or be sold at a discount. The interest or discount on said temporary
notes, including renewals thereof, and the expense of preparing,
issuing and marketing the same may be included in the cost of
the sewage works herein provided for and may either be borrowed
temporarily under the provisions of this section or funded as
hereinafter in this section provided. The period and discount
or interest rate and other particulars of such temporary notes
and renewal notes shall be fixed by the finance director except
that such notes shall be execute4d in the manner and be payable
in such money as is provided in section 5 for serial bonds or
notes. Such temporary notes and renewals thereof, including interest
or discount on the same and the expense of preparing, issuing
and marketing the same shall, unless otherwise taken care of be
founded [funded] by the issue of serial bonds or notes under the
provisions of section 5 hereof. The aggregate principal amount
of temporary notes issued and outstanding hereunder shall not
at any time exceed in the aggregate the sum of four million dollars
($4,000,000.) less the aggregate principal amount of bonds or
notes issued under the provisions of section 5; but temporary
notes which have come due and for the payment of which adequate
funds have been provided shall not be considered to be outstanding. DEL}
SECTION 7. {DEL Serial bonds and notes generally. -- DEL} {DEL Serial
bonds or notes issued under authority of and in compliance with
section 5 of this act shall be valid and general obligations of
the city of Warwick in accordance with the terms thereof and payable
as to both principal and interest from ad valorem taxes which
may be levied without limit as to rate or amount upon all the
taxable property within the territorial limits of the city and
taxable by it, except as the tax rate on intangible personal property
may from time to time be limited by general law. DEL}
{DEL Notes issued under authority of and in compliance with
section 6 of this act, shall be valid and general obligations
of the city of Warwick in accordance with the terms thereof. DEL}
{DEL All bonds and notes issued under authority of this act
shall contain on the faced thereof a statement that they are issued
for the purposes mentioned in, under authority of and in conformity
with this act, and such statement shall be conclusive evidence
of the fact of liability of the said city to a bona fide holder
thereof, and any purchaser thereof shall be in no way responsible
for the proper application of the proceeds derived from the sale
thereof. All obligations of the city which are incurred under
the authority of this act shall be excepted from the operation
of section 45-12-2 of the general laws, 1956, and acts in addition
thereto and in amendment thereof and such obligations shall not
at any time be included in ascertaining the borrowing capacity
of the city. DEL}
{DEL The validity of any bonds or notes issued under this act
shall not be affected by any provisions of this act other than
sections 4 through 7. Borrowing hereunder shall not be governed
b y article VII of the city charter. DEL}
{DEL Any bonds or notes issued under the provisions of this
act and coupons of any bonds, if properly executed by officers
of the city and in office on the date of execution, shall be valid
and binding according to their terms, notwithstanding that before
the delivery thereof and payment therefor, any or all of such
officers shall for any reason have ceased to hold office. DEL}
Section 9. Apportionment of costs; sewer assessments and charges;
enforcement of charges and assessments. -- {DEL The city
shall determine what proportion of the cost of constructing, operating
and maintaining the sewage works, provided for in section 1 of
this act, shall be paid by general taxation, if any, and what
portions shall be paid by assessments, annual and connect capable
charges against individual parcels of property, provided, however,
that the city shall pay all interest charges upon bonds or notes
except temporary notes issued to finance the construction work. DEL}
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
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 {ADD and interest
ADD}for any bonds or notes issued for {DEL sewerage DEL} {ADD
sewage ADD} works, to be levied against owners of property which
is or could be connected to a common sewer.
Such assessments, annual and connect capable charges herein referred shall be paid by every property owner or institution whose 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.
{ADD Notwithstanding the foregoing, the authority shall have discretion to defer sewer assessments against parcels of land that are undeveloped provided that such parcel remain subject to assessment upon the earlier to occur of either: (i) development of such parcel of land; or (ii) twenty (20) years from the date of initial assessment. Similarly, the authority shall have discretion to defer sewer assessments against parcels of land if the owner of such parcel, within seven (7) years of date of the sewer assessment, has installed a new septic system, provided that such parcel shall remain subject to assessment and shall begin paying such assessment at least seven (7) years from the date of initial assessment. ADD}
The sewer assessments may be determined 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. 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 {ADD and ADD} connect capable charges if costs so warrant.
The sewer assessments herein referred to shall be paid by every
property owner or institution whose property 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 {DEL . DEL}
except as provided herein. 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. {ADD Sewer ADD} {DEL Sewage DEL} assessments
levied hereunder may be paid in as many as twenty (20) annual
installments upon application by the property owner and approval
of the sewer authority. In the {ADD case ADD} {DEL cast DEL}
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 rate 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 cost of constructing all sewers, sewer service
connections and other {DEL sewerage DEL}sewage works belonging
to the city. Sewer assessment revenues shall be used for the
payment of the principal costs for any bonds or notes issued for
{DEL sewerage DEL} s {ADD ewage ADD} works."
"Annual charges shall be levied upon every property owner
or institution whose property is connected to the city's {DEL sewerage DEL}
s {ADD ewage ADD} system. The change will be computed based upon
water consumption on other factors deemed equitable by the sewer
authority. The annual charge should be set at a level sufficient
to support operation and maintenance costs of the wastewater treatment
plant, the renewal and replacement fund and the principal {ADD and
interest ADD} for any bonds or notes issued for {DEL sewerage DEL}
{ADD sewage ADD} 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 upon every property owner or institution whose property is abutting on that portion of any highway in which a common sewer is laid while said property 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 {ADD , and shall be subject to consent by the Mayor and the Warwick City Council ADD}.
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 authority pursuant to this act shall be a lien upon the
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 {DEL section DEL}
{ADD act ADD}, shall forthwith, at the expense of the authority,
send to each person assessed or charges notice of the amount of
{DEL his DEL} {ADD the ADD} 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 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 {DEL are first DEL}
{ADD may be ADD} 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 {DEL . DEL} , provided however, that
the total overdue charge for non-payment of installment sewer
assessments shall be applied to past due installments and not
the total assessment; {ADD 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 ADD}.
The authority with the advice and consent of the mayor may at any time cancel in whole or in art any charge or assessment to the extent the authority determines such charge or assessment to have been improperly imposed.
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, {DEL and
close during the DEL} {ADD at the close of each ADD} 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 {ADD then close ADD} on account
of the principal {ADD and interest ADD} 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 {ADD as well as prior year fund
balances ADD} were not sufficient to cover operation and maintenance
costs, renewal and replacement funding and principal {ADD and interest ADD}
for any bonds or notes issued for {DEL sewerage DEL} sewage
works, thereby creating {ADD insufficient end of year balances, ADD}
{DEL an operating deficit, the annual DEL} charge shall
be {DEL increased DEL} {ADD adjusted ADD} in the next fiscal
year to {ADD assure sufficient balances in the sewer fund. ADD}
{DEL fund the operating deficit. DEL} 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 16. Authority to prescribe rules and regulations governing
construction, use, discharge of substances, and connections.
-- 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 {DEL . DEL} ,and assessment
of properties abutting a sewer line. 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 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 system and sewage treatment facilities. Such rules
and 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 20. {DEL Submission of question of authority to issue
sewer bonds to the voters. DEL} {DEL The following question shall be submitted
to the qualified electors of the city of Warwick at a special
election to be held upon the proclamation of the mayor either
on Tuesday December 4, 1962, or on Tuesday April 23, 1963; "Shall
the city of Warwick be authorized to issue bonds in an amount
not exceeding $4,000,000 to plan, construed and finance sewage
works as provided in an act passed at the January 1962 session
of the general assembly?" DEL}
SECTION 21. {DEL Duties of secretary of state with regard
to election on bond authorization. DEL} {DEL The secretary of state is
hereby authorized and directed to cause the aforesaid question
to be placed upon the ballet for referendum in a special election
to be held on one of the days provided in section 20 hereof that
the mayor of said city shall order, provided the mayor shall advise
the secretary of state of the day so ordered at least 30 days
prior thereto. In the event that the mayor does not in any case
so advise the secretary of state, no such election shall be held
on this question. The special election, if held, shall be by
voting machine at the expense of the city. The election laws
of the state shall apply to such election so far as they may be
applicable thereto and the city clerk shall certify to the secretary
of state the results of such vote. DEL}
SECTION 22. {DEL Effective date. DEL} {DEL Sections 1, 2, 20, 21 and
this section shall take effect upon passage and the remaining
sections of the act shall take effect upon the approval of the
referendum as previously referred to herein, and thereupon all
acts and parts of act inconsistent herewith shall stand repealed
with amendments set forth above taking effect upon passage. DEL}
