Title 45
Towns and Cities

Chapter 52
The Quonochontaug East Beach Water District

R.I. Gen. Laws 45-52-12



 45-52-12.  Powers of and suits by and against the district.


(a) The district may have a common seal and, in its corporate name, may sue and be sued, prosecute, and defend, in any court and elsewhere, and enjoy all the other powers generally incident to corporations.

(b) The district may take, purchase, and hold real estate and personal estate, and alienate and convey that real and personal estate, and subject to limitations contained in this chapter, may borrow money and incur indebtedness. All real and personal estate held by the district and not used for commercial purposes is exempt from all taxation. The district may hold real estate located outside of the jurisdictional bounds of the district for use of wells and watershed areas, and establish water lines outside the bounds.

(c) The district may raise, by a tax on real estate, sums of money that are necessary to pay district debts or to defray the charges and expenses of the district, and pay the sums out of the treasury; provided, that the tax is voted at a legal meeting of the voters of the district.

(d) The district may at any legal meeting grant and vote sums of money that it judges necessary:

(1) For the installation, renewal, replacement, purchasing, and procuring of implements and apparatus, wells, and distribution systems, for a district water system.

(2) For the purpose of supplying the inhabitants of the district with water for fire protection and a domestic water supply for the inhabitants of the district.

(3) For the purpose of providing for the collection and disposal of garbage.

(4) For the purpose of improving the property of the district and purchasing additional property.

(5) For the purchase of sites for the erection and repair of district structures.

(6) For the establishment of water lines, pipes, conduits, hydrants, and other district structures.

(7) For the making and repairing of sidewalks, and cleaning the streets and public beaches.

(8) For the improvement in any manner it may deem fit of any property belonging to the district.

(9) For the purpose of creating a reserve fund, not to exceed in the aggregate, forty thousand dollars ($40,000) for the extinguishment of debts or for the future replacement of property.

(10) For all necessary charges and expenses arising within the district, incidental or not, to the district.

(e) The acts, ordinances and bylaws of the district shall continue in force until altered or annulled by vote of the district or by law.

(f) No person may commence an action against the district or any of its officers for damage suffered to person or property by reason of defect, want of repair of any of the district's property, or by reason of injury suffered to person or property by reason of lack of care and diligence on the part of the district, its officers, or servants, in the performance of any of the acts authorized in this chapter.

(g) Any elected or appointed water district official, employee, official, or member of the district is entitled to all the rights and benefits of indemnification, as provided for corresponding elected or appointed officials, employees, official, or member of a fire district as provided under the provisions of an act entitled "An act relating to claims against employees of public bodies... Indemnification" enacted at the January session, 1988, of the general assembly, this act being an amendment of 45-15-16 of chapter 15 of title 45 entitled "Actions by and against towns".

(h) Every suit, whether in law or equity, brought by the district, is brought in the name of the district unless otherwise directed by law.

(i) All the outstanding notes, indebtedness, and contracts of the district shall be paid and fulfilled according to its tenor, and all district works authorized to be prosecuted shall be prosecuted, and all indebtedness authorized to be incurred on account may be incurred, according to the tenor of the authority.

(j) The district may also borrow money from time to time for the preceding purposes, and issue its notes or bonds, which shall be binding upon the district in the same manner as city or town notes or bonds are binding upon the city or town issuing them, but the district shall not have outstanding, at any one time, notes or bonds of a face value of more than one and one-half percent (1.5%) of the total assessed value of this taxable property within the district, but the giving of a new note or bond for a preexisting debt, or for money borrowed and applied to the payment of the preexisting debt, is excepted from the provisions of this section, and the amount of any sinking fund shall be deducted in computing the indebtedness.

(k) The district may enter into agreements with the towns of Westerly, Charlestown, and South Kingstown or other corporations from time to time, in relation to the supply of water to the district.

(l) The district may, from time to time, make and ordain all ordinances, bylaws, and regulations for the district, not repugnant to law which it may deem necessary for the preservation of the health of its inhabitants; prevention and abatement of nuisances; for the promotion of cleanliness; to prevent the indecent exposure of anyone bathing in any of the waters within the district; for the care and management of parks and grounds belonging to the district; for the control and regulation of parking of motor vehicles on property belonging to the district and in other places within the district in cooperation with the authorities of the town of Charlestown; and generally, all other ordinances, managing, and directing of the affairs of the district not repugnant to the laws of the state and to the ordinances of the town of Charlestown.

(m) The district may impose penalties for the violation of ordinances, bylaws, and regulations, not exceeding in the amount of one hundred dollars ($100) or imprisonment not exceeding ten (10) days, for any offense, unless other penalties, or penalties within other limits, are especially prescribed by the statutes of the state, to be prosecuted before the district court of the fourth division by some officer appointed for that purpose, and to be received to the use of the district.

(n) The district may appoint all necessary officers for the execution of its ordinances, bylaws, and regulations; may define their duties and fix their compensation; and may relieve any officers at pleasure.

History of Section.
P.L. 1990, ch. 499, 1.