§ 46-12.8-7. Power of local governmental units.
Notwithstanding any provision of general law, special law or municipal charter to the contrary:
(1) In addition to authority granted otherwise by this chapter and in any bond act or other law, a local governmental unit, acting by and through the officer or officers, board, committee, or other body authorized by law, if any, or otherwise the chief executive officer, shall have the power to:
(i) Issue local governmental obligations as provided herein
(A) If and to the amount authorized by a bond act or
(B) Without limitation as to the amount, if issued as limited obligations, pursuant to § 46-12.8-9;
(ii) Plan, design, acquire, construct, operate, maintain, and otherwise undertake any safe drinking water project subject to the rules, regulations, procedures, and guidelines of the department in effect from time to time and the requirements of any other applicable law;
(iii) Apply for, accept, and expend, financial assistance and grants for the purpose of financing costs of safe drinking water projects subject to the rules, regulations, procedures, and guidelines of the agency and the department in effect from time to time, the provisions of the applicable loan agreement, and the requirements of other applicable law;
(iv) Authorize, execute, deliver, and comply with loan agreements, trust agreements, grant agreements, and other agreements, and instruments with the agency, the department, and other persons relating to financial assistance and grants hereunder, and the issue of local governmental obligations to evidence loans, and perform the same;
(v) Receive, apply, pledge, assign, and grant security interests in its general revenues and drinking water system revenues to secure its obligations under local governmental obligations and other financial assistance; and
(vi) Fix, revise, charge, and collect such fees, rates, rents, assessments, and other charges of general or special application for the costs and/or use of any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues, or for the services provided thereby, as it shall deem necessary to meet its obligations under any loan agreement or local governmental obligations outstanding or otherwise to provide for the costs and/or operation of the project and the system.
(2) In order to provide for the collection and enforcement of fees, rates, rents, assessments, and other charges for the operation of any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental units may derive drinking water system revenues, in addition to any other authority provided by law or any bond act applicable to a particular local governmental unit, local governmental units are hereby granted all the powers and privileges granted to them by the general laws of the state with respect to any similar fee, rate, rent, assessment, or other charge. All unpaid fees, rates, rents, assessments, and other charges shall be a lien upon the real estate served for which the unpaid fees, rates, rents, assessments, or other charges have been made. A lien shall arise and attach as of the due date of each unpaid fee, rate, rent, assessment, or other charge. The lien shall be superior to any other lien other than a tax lien, encumbrance, or interest in the real estate, whether by way of mortgage, attachment, or otherwise, except easements and restrictions. In the case of a life estate, the interest of the tenant for life shall first be liable for the unpaid fees, rates, rents, assessments, or other charges. The local governmental unit may enforce the lien by advertising and selling any real estate liable for unpaid fees, rents, assessments, and other charges in the manner provided for the enforcement of liens for unpaid taxes by chapter 9 of title 44.
(3) Any city or town and any other local governmental unit acting by and through the officer or officers, board, committee, other body authorized by law, or otherwise the chief executive officer, may enter into agreements with the agency and the department regarding the operation of a pricing system adopted under any applicable law for the services provided by any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues. The agreements may include, without limitation, provisions defining the costs of services, the approved project, and the drinking water system and other facilities, and covenants or agreements, regarding the fixing and collection of fees, rates, rents, assessments and other charges for the costs and the maintenance of the pricing system at levels sufficient to pay or provide for all the costs and any payments due the agency under any loan agreement or local governmental obligations.
(4) Any city or town and any other local governmental unit acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise the chief executive officer, may enter into agreements with the agency and the department regarding the operation of an enterprise fund established for any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues, and other amounts credited thereto, the establishments of reserves and other accounts and funds, and the application of any surplus funds.
History of Section.
P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.