State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-58 > 45-58-8

SECTION 45-58-8

   § 45-58-8  Powers of the Utility District.– The utility district shall have the power:

   (1) To acquire real or personal property and tangible orintangible personal property by voluntary purchase from the owner or owners ofthe property, and to the extent that the board of utility commissioners deemsit advisable, to acquire property held by a corporation through acquisition ofthe stock of the corporation and dissolution of the corporation;

   (2) To acquire real property, fixtures and rights andinterests in real property within its utility service area by eminent domain,subject to the supervision of the public utilities commission in the mannerprescribed in § 39-1-31;

   (3) To own, operate, maintain, repair, improve, enlarge andextend, in accordance with the provisions of this chapter, any propertyacquired under this section all of which, together with the acquisition of theproperty, are hereby declared to be public purposes;

   (4) To produce, purchase, acquire, distribute and sell waterat wholesale or retail within or without its utility service area; to lay down,construct, own, operate, maintain, repair and improve mains, pipes, wells,towers and other equipment and facilities necessary, appropriate or useful forthose purposes; and to contract with others for any or all of the foregoingpurposes;

   (5) To produce, buy, sell and trade electric capability,power or energy products or services at wholesale or retail; to purchase forits own use or for resale electric transmission service and ancillary services;and to engage in any other transaction with respect to electricity orelectricity products that was heretofore authorized for the Pascoag firedistrict or investor-owned electric companies operating as domestic electricutilities with within the state (including participation in generatingfacilities as authorized by chapter 20 of title 39); provided, that the utilitydistrict shall operate and be subject to regulation of its retail rates forelectricity under title 39 of the general laws when operating within itsutility service area;

   (6) To operate as a nonregulated power producer within themeaning and contemplation of § 39-1-2(19) when engaging in the sale ofelectricity at retail outside of its utility service area;

   (7) To acquire, own, lease, operate, maintain, repair andexpand facilities and equipment necessary, appropriate or useful to theoperation of other utilities, including, but not limited to, communicationsservices such as internet service, high speed data transfer, local and longdistance telephone service, community antenna television service, and to engagein the operation of such utilities;

   (8) To sue and be sued;

   (9) To adopt and alter a corporate seal;

   (10) To acquire, hold, use, lease, sell, transfer, assign orotherwise dispose of any property, real, personal or mixed, or any interesttherein for its corporate purposes, and to mortgage, pledge or lease any suchproperty;

   (11) To make and adopt bylaws for the management andregulation of its affairs;

   (12) To borrow money for any of the purposes or powersgranted to it under or by operation of this chapter, including the creation andmaintenance of working capital, and to issue negotiable bonds, notes or otherobligations, to fund or refund the same, and to secure the obligation of suchbond, notes or other obligations in any case by pledge of or security interestin the revenues and property of the utility district.

   (13) To fix rates (subject to the requirements of title 39 ofthe general laws in the case of retail electric rates within its utilityservice area) and collect charges for the use of the facilities or servicesrendered by or any commodities furnished by the utility district;

   (14) To contract in its own name for any lawful purpose whichwould effectuate the purposes and provisions of this chapter; to execute allinstruments necessary to carry out the purposes of this chapter; and to do allthings necessary or convenient to carry into effect and operation the powersgranted by this chapter; and

   (15) Until and only until such time as those utility bondobligations to which the Pascoag utility district succeeds under or byoperation of this chapter shall have been retired, defeased or otherwisesatisfied in their entirety, to levy property tax assessments upon propertyowners within its utility service area for the purpose of supporting utilitybond obligations of the Pascoag fire district outstanding as of April 4, 2001in the same manner and to the same extent as the Pascoag fire district wasauthorized to do so under the act passed at the May session 1887, entitled "AnAct to Incorporate the Pascoag Fire District" as thereafter amended andsupplemented from time to time.

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-58 > 45-58-8

SECTION 45-58-8

   § 45-58-8  Powers of the Utility District.– The utility district shall have the power:

   (1) To acquire real or personal property and tangible orintangible personal property by voluntary purchase from the owner or owners ofthe property, and to the extent that the board of utility commissioners deemsit advisable, to acquire property held by a corporation through acquisition ofthe stock of the corporation and dissolution of the corporation;

   (2) To acquire real property, fixtures and rights andinterests in real property within its utility service area by eminent domain,subject to the supervision of the public utilities commission in the mannerprescribed in § 39-1-31;

   (3) To own, operate, maintain, repair, improve, enlarge andextend, in accordance with the provisions of this chapter, any propertyacquired under this section all of which, together with the acquisition of theproperty, are hereby declared to be public purposes;

   (4) To produce, purchase, acquire, distribute and sell waterat wholesale or retail within or without its utility service area; to lay down,construct, own, operate, maintain, repair and improve mains, pipes, wells,towers and other equipment and facilities necessary, appropriate or useful forthose purposes; and to contract with others for any or all of the foregoingpurposes;

   (5) To produce, buy, sell and trade electric capability,power or energy products or services at wholesale or retail; to purchase forits own use or for resale electric transmission service and ancillary services;and to engage in any other transaction with respect to electricity orelectricity products that was heretofore authorized for the Pascoag firedistrict or investor-owned electric companies operating as domestic electricutilities with within the state (including participation in generatingfacilities as authorized by chapter 20 of title 39); provided, that the utilitydistrict shall operate and be subject to regulation of its retail rates forelectricity under title 39 of the general laws when operating within itsutility service area;

   (6) To operate as a nonregulated power producer within themeaning and contemplation of § 39-1-2(19) when engaging in the sale ofelectricity at retail outside of its utility service area;

   (7) To acquire, own, lease, operate, maintain, repair andexpand facilities and equipment necessary, appropriate or useful to theoperation of other utilities, including, but not limited to, communicationsservices such as internet service, high speed data transfer, local and longdistance telephone service, community antenna television service, and to engagein the operation of such utilities;

   (8) To sue and be sued;

   (9) To adopt and alter a corporate seal;

   (10) To acquire, hold, use, lease, sell, transfer, assign orotherwise dispose of any property, real, personal or mixed, or any interesttherein for its corporate purposes, and to mortgage, pledge or lease any suchproperty;

   (11) To make and adopt bylaws for the management andregulation of its affairs;

   (12) To borrow money for any of the purposes or powersgranted to it under or by operation of this chapter, including the creation andmaintenance of working capital, and to issue negotiable bonds, notes or otherobligations, to fund or refund the same, and to secure the obligation of suchbond, notes or other obligations in any case by pledge of or security interestin the revenues and property of the utility district.

   (13) To fix rates (subject to the requirements of title 39 ofthe general laws in the case of retail electric rates within its utilityservice area) and collect charges for the use of the facilities or servicesrendered by or any commodities furnished by the utility district;

   (14) To contract in its own name for any lawful purpose whichwould effectuate the purposes and provisions of this chapter; to execute allinstruments necessary to carry out the purposes of this chapter; and to do allthings necessary or convenient to carry into effect and operation the powersgranted by this chapter; and

   (15) Until and only until such time as those utility bondobligations to which the Pascoag utility district succeeds under or byoperation of this chapter shall have been retired, defeased or otherwisesatisfied in their entirety, to levy property tax assessments upon propertyowners within its utility service area for the purpose of supporting utilitybond obligations of the Pascoag fire district outstanding as of April 4, 2001in the same manner and to the same extent as the Pascoag fire district wasauthorized to do so under the act passed at the May session 1887, entitled "AnAct to Incorporate the Pascoag Fire District" as thereafter amended andsupplemented from time to time.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-58 > 45-58-8

SECTION 45-58-8

   § 45-58-8  Powers of the Utility District.– The utility district shall have the power:

   (1) To acquire real or personal property and tangible orintangible personal property by voluntary purchase from the owner or owners ofthe property, and to the extent that the board of utility commissioners deemsit advisable, to acquire property held by a corporation through acquisition ofthe stock of the corporation and dissolution of the corporation;

   (2) To acquire real property, fixtures and rights andinterests in real property within its utility service area by eminent domain,subject to the supervision of the public utilities commission in the mannerprescribed in § 39-1-31;

   (3) To own, operate, maintain, repair, improve, enlarge andextend, in accordance with the provisions of this chapter, any propertyacquired under this section all of which, together with the acquisition of theproperty, are hereby declared to be public purposes;

   (4) To produce, purchase, acquire, distribute and sell waterat wholesale or retail within or without its utility service area; to lay down,construct, own, operate, maintain, repair and improve mains, pipes, wells,towers and other equipment and facilities necessary, appropriate or useful forthose purposes; and to contract with others for any or all of the foregoingpurposes;

   (5) To produce, buy, sell and trade electric capability,power or energy products or services at wholesale or retail; to purchase forits own use or for resale electric transmission service and ancillary services;and to engage in any other transaction with respect to electricity orelectricity products that was heretofore authorized for the Pascoag firedistrict or investor-owned electric companies operating as domestic electricutilities with within the state (including participation in generatingfacilities as authorized by chapter 20 of title 39); provided, that the utilitydistrict shall operate and be subject to regulation of its retail rates forelectricity under title 39 of the general laws when operating within itsutility service area;

   (6) To operate as a nonregulated power producer within themeaning and contemplation of § 39-1-2(19) when engaging in the sale ofelectricity at retail outside of its utility service area;

   (7) To acquire, own, lease, operate, maintain, repair andexpand facilities and equipment necessary, appropriate or useful to theoperation of other utilities, including, but not limited to, communicationsservices such as internet service, high speed data transfer, local and longdistance telephone service, community antenna television service, and to engagein the operation of such utilities;

   (8) To sue and be sued;

   (9) To adopt and alter a corporate seal;

   (10) To acquire, hold, use, lease, sell, transfer, assign orotherwise dispose of any property, real, personal or mixed, or any interesttherein for its corporate purposes, and to mortgage, pledge or lease any suchproperty;

   (11) To make and adopt bylaws for the management andregulation of its affairs;

   (12) To borrow money for any of the purposes or powersgranted to it under or by operation of this chapter, including the creation andmaintenance of working capital, and to issue negotiable bonds, notes or otherobligations, to fund or refund the same, and to secure the obligation of suchbond, notes or other obligations in any case by pledge of or security interestin the revenues and property of the utility district.

   (13) To fix rates (subject to the requirements of title 39 ofthe general laws in the case of retail electric rates within its utilityservice area) and collect charges for the use of the facilities or servicesrendered by or any commodities furnished by the utility district;

   (14) To contract in its own name for any lawful purpose whichwould effectuate the purposes and provisions of this chapter; to execute allinstruments necessary to carry out the purposes of this chapter; and to do allthings necessary or convenient to carry into effect and operation the powersgranted by this chapter; and

   (15) Until and only until such time as those utility bondobligations to which the Pascoag utility district succeeds under or byoperation of this chapter shall have been retired, defeased or otherwisesatisfied in their entirety, to levy property tax assessments upon propertyowners within its utility service area for the purpose of supporting utilitybond obligations of the Pascoag fire district outstanding as of April 4, 2001in the same manner and to the same extent as the Pascoag fire district wasauthorized to do so under the act passed at the May session 1887, entitled "AnAct to Incorporate the Pascoag Fire District" as thereafter amended andsupplemented from time to time.