Waters and Navigation

Pawtuxet River Authority

SECTION 46-24-9

§ 46-24-9. Powers of authority.

The authority shall the have power:

(1) To negotiate payments within one or more of the participating communities for the conduct of services or the erection of projects necessary for the purposes of the authority, subject to a majority vote of each of the city and town councils participating in each program or project.

(2) To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal, or mixed, or interest or interests thereon.

(3) To own and operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired hereunder, all of which, together with the acquisition of the property, are hereby declared to be public purposes.

(4) To sell, lease, convey, or otherwise dispose of, to any of the participating cities or towns, any property or improvements thereto, which the authority may hereafter acquire or construct; provided, however, that any sale, lease, conveyance, or other disposition of the property shall not prejudice or adversely affect any service which the authority is providing to any other participating city or town.

(5) To sue and be sued.

(6) To adopt and order a corporate seal.

(7) To make bylaws for the management and regulation of its affairs, which bylaws may contain provisions indemnifying any person who is or was a member of the authority, in the manner and to the extent provided in § 7-1.2-814 of the Rhode Island Business Corporation Act.

(8) To borrow money for any of its corporate purposes, including the creation and maintenance of working capital.

(9) To fix rates and collect charges for the use of the facilities of or services rendered by or any commodities furnished by the authority to each of the participating cities or towns, and to pay, as the same shall become due, the expenses of operating and maintaining the properties of the authority.

(10) To contract in its own name for any lawful purpose which would effectuate the provisions of this chapter; to execute all the instruments necessary to carry out the purposes of this chapter; and to do all things necessary or convenient to carry out the powers expressly granted by this chapter. It is the intention of the legislature that any property acquired by the authority pursuant to the provisions of this chapter shall be financed as a self liquidating enterprise, and that any indebtedness incurred by the authority shall be payable solely from the earnings or revenues derived from all or part of the property acquired by the district.

(11) To enter into cooperative agreements with other cities, towns, or public service corporations for the interconnection of public works facilities or for any other lawful corporate purposes necessary and desirable to effect the purposes of this chapter.

(12) In the performance of its functions, the authority is expressly authorized to provide for land and water conservation and for the construction and maintenance of hiking and biking trails, flood control and water pollution control facilities, preservation of wetlands, dam construction, diversion of streams, dikes, walls, and pumping stations, whether or not on its own initiative or by recommendation to the participating communities, and to encourage tax relief for landowners in the construction of facilities for such purposes.

(13) The authority is authorized to apply for, contract for, and expend any federal or state advances or grants or assistance which may be made available for the purposes of this chapter.

(14) The authority shall have all the powers and authority which were previously granted to the Pawtuxet River district commission. All purposes of the Pawtuxet River district commission, including those described in § 46-25-38.1(4), shall be established by a vote of the Pawtuxet River authority as created by this chapter.

History of Section.
(P.L. 1972, ch. 111, § 1; P.L. 1990, ch. 147, § 1; P.L. 1998, ch. 181, § 2; P.L. 2005, ch. 36, § 34; P.L. 2005, ch. 72, § 34.)