State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-5

SECTION 46-25-5

   § 46-25-5  General powers. – The commission shall have the following powers, together with all powersincidental thereto or necessary for the performance of those stated in thischapter:

   (1) To sue and be sued, complain and defend, in its corporatename.

   (2) To have a seal which may be altered at pleasure and touse the seal by causing it, or a facsimile thereof, to be impressed or affixedor in any other manner reproduced.

   (3) To purchase, take, receive, lease, or otherwise acquire,own, hold, improve, use, and otherwise deal in and with, real or personalproperty, or any interest therein, wherever situated.

   (4) To make and execute agreements of lease, constructioncontracts, operation contracts, and all other contracts and instrumentsnecessary or convenient in the exercise of the powers and functions of thecommission granted by this chapter.

   (5) To make guarantees and incur or assume liabilities as thecommission may deem appropriate.

   (6) To invest and reinvest its funds.

   (7) To secure the cooperation and assistance of the UnitedStates, and any of its agencies, and of agencies of this state and itsmunicipalities in the work of the commission.

   (8) To accept grants, donations, drafts, loans of funds, andcontributions in money, services, materials, or otherwise, from the UnitedStates or any of its agencies, from this state and its agencies, or from anyother source, and to use or expend those moneys, services, materials, or othercontributions in carrying out the purposes of this chapter.

   (9) To make assessments and impose reasonable and just usercharges, and to pay for such expenses as may be required by law or as may bedetermined by the commission to be necessary for the maintenance and operationof the project. In addition to the foregoing, the assessments and user chargesimposed pursuant to this chapter by the commission shall be set at a ratesufficient to enable the commission to pay the debt service cost on not inexcess of fourteen million and fifty-nine thousand dollars ($14,059,000) ofgeneral obligation bonds and on notes issued pursuant to this chapter. Any usercharge, fee, or rate shall be subject to the approval of the public utilitiescommission.

   (10) To establish a sewage pretreatment program, and torequire as a condition, to the grant or reissuance of any approval, license, orpermit required under the program, that the person applying for the approval,license, or permit, pay to the commission a reasonable fee based on the cost ofreviewing and acting upon the application and based on the costs ofimplementing the program. In addition, where violations of the provisions of§§ 46-25-25 – 46-25-25.3, or of any permit, rule, regulation, ororder issued pursuant thereto have occurred, the violator shall reimburse thecommission for the actual costs of implementing and enforcing the terms of thepermit, rule, regulation, or order as a condition to the grant or reissuance ofany approval, license, or permit.

   (11) To acquire or contract to acquire, from any person, thefederal government or the state, or any agency of either the federal governmentor state, by grant, purchase, lease, gift, condemnation, or otherwise, or toobtain options for the acquisition of any property, real or personal, improvedor unimproved, and interests in land less than the fee thereof; and to own,hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,transfer, convey, lease, mortgage, or otherwise dispose of or encumber theproperty for the purposes of carrying out the provisions and intent of thischapter for such consideration as the commission shall determine.

   (12) To elect or appoint officers and agents of thecommission, and to define their duties and fix their compensation, includingauthority to employ attorneys, accountants, architectural, and engineeringconsultants, and such other employees or agents as the commission shall deemnecessary in its judgment.

   (13) To make and alter bylaws, not inconsistent with thischapter, for the administration and regulation of the affairs of thecommission, and the bylaws may contain provisions indemnifying any person whois or was a director or a member of the commission, in the manner and to theextent provided in § 7-1.2-814.

   (14) To construct, acquire, repair, develop, own, operate,maintain, extend, improve, rehabilitate, renovate, equip, and furnish a projectand make provision for its management.

   (15) To prepare or cause to be prepared plans,specifications, designs, and estimates of costs of construction,reconstruction, rehabilitations, improvement, alteration, or repair of aproject, and to modify the same.

   (16) To issue orders of general or specific applicability tocarry out the purposes of the project.

   (17) To have and exercise all powers necessary or convenientto effect its purposes.

   (18) To impose administrative penalties in accordance withthe provisions of § 46-25-25.4.

   (19) To secure certain payments on its revenue bonds andnotes, in whole or in part, by insurance or by letters or lines of credit orother credit facilities.

   (20) To enter into agreements, contracts, and otherarrangements with the state and any of its departments, agencies, boards orcommissions relating to the execution or performance of any function or purposeof the commission, including, but not limited to, investments, employeecompensation and employee benefits, and the state and its departments,agencies, boards and commissions are hereby authorized to enter into suchagreements, contracts and other arrangements with the commission, and upon therequest of the commission shall enter into such agreements, contracts and otherarrangements with the commission.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-5

SECTION 46-25-5

   § 46-25-5  General powers. – The commission shall have the following powers, together with all powersincidental thereto or necessary for the performance of those stated in thischapter:

   (1) To sue and be sued, complain and defend, in its corporatename.

   (2) To have a seal which may be altered at pleasure and touse the seal by causing it, or a facsimile thereof, to be impressed or affixedor in any other manner reproduced.

   (3) To purchase, take, receive, lease, or otherwise acquire,own, hold, improve, use, and otherwise deal in and with, real or personalproperty, or any interest therein, wherever situated.

   (4) To make and execute agreements of lease, constructioncontracts, operation contracts, and all other contracts and instrumentsnecessary or convenient in the exercise of the powers and functions of thecommission granted by this chapter.

   (5) To make guarantees and incur or assume liabilities as thecommission may deem appropriate.

   (6) To invest and reinvest its funds.

   (7) To secure the cooperation and assistance of the UnitedStates, and any of its agencies, and of agencies of this state and itsmunicipalities in the work of the commission.

   (8) To accept grants, donations, drafts, loans of funds, andcontributions in money, services, materials, or otherwise, from the UnitedStates or any of its agencies, from this state and its agencies, or from anyother source, and to use or expend those moneys, services, materials, or othercontributions in carrying out the purposes of this chapter.

   (9) To make assessments and impose reasonable and just usercharges, and to pay for such expenses as may be required by law or as may bedetermined by the commission to be necessary for the maintenance and operationof the project. In addition to the foregoing, the assessments and user chargesimposed pursuant to this chapter by the commission shall be set at a ratesufficient to enable the commission to pay the debt service cost on not inexcess of fourteen million and fifty-nine thousand dollars ($14,059,000) ofgeneral obligation bonds and on notes issued pursuant to this chapter. Any usercharge, fee, or rate shall be subject to the approval of the public utilitiescommission.

   (10) To establish a sewage pretreatment program, and torequire as a condition, to the grant or reissuance of any approval, license, orpermit required under the program, that the person applying for the approval,license, or permit, pay to the commission a reasonable fee based on the cost ofreviewing and acting upon the application and based on the costs ofimplementing the program. In addition, where violations of the provisions of§§ 46-25-25 – 46-25-25.3, or of any permit, rule, regulation, ororder issued pursuant thereto have occurred, the violator shall reimburse thecommission for the actual costs of implementing and enforcing the terms of thepermit, rule, regulation, or order as a condition to the grant or reissuance ofany approval, license, or permit.

   (11) To acquire or contract to acquire, from any person, thefederal government or the state, or any agency of either the federal governmentor state, by grant, purchase, lease, gift, condemnation, or otherwise, or toobtain options for the acquisition of any property, real or personal, improvedor unimproved, and interests in land less than the fee thereof; and to own,hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,transfer, convey, lease, mortgage, or otherwise dispose of or encumber theproperty for the purposes of carrying out the provisions and intent of thischapter for such consideration as the commission shall determine.

   (12) To elect or appoint officers and agents of thecommission, and to define their duties and fix their compensation, includingauthority to employ attorneys, accountants, architectural, and engineeringconsultants, and such other employees or agents as the commission shall deemnecessary in its judgment.

   (13) To make and alter bylaws, not inconsistent with thischapter, for the administration and regulation of the affairs of thecommission, and the bylaws may contain provisions indemnifying any person whois or was a director or a member of the commission, in the manner and to theextent provided in § 7-1.2-814.

   (14) To construct, acquire, repair, develop, own, operate,maintain, extend, improve, rehabilitate, renovate, equip, and furnish a projectand make provision for its management.

   (15) To prepare or cause to be prepared plans,specifications, designs, and estimates of costs of construction,reconstruction, rehabilitations, improvement, alteration, or repair of aproject, and to modify the same.

   (16) To issue orders of general or specific applicability tocarry out the purposes of the project.

   (17) To have and exercise all powers necessary or convenientto effect its purposes.

   (18) To impose administrative penalties in accordance withthe provisions of § 46-25-25.4.

   (19) To secure certain payments on its revenue bonds andnotes, in whole or in part, by insurance or by letters or lines of credit orother credit facilities.

   (20) To enter into agreements, contracts, and otherarrangements with the state and any of its departments, agencies, boards orcommissions relating to the execution or performance of any function or purposeof the commission, including, but not limited to, investments, employeecompensation and employee benefits, and the state and its departments,agencies, boards and commissions are hereby authorized to enter into suchagreements, contracts and other arrangements with the commission, and upon therequest of the commission shall enter into such agreements, contracts and otherarrangements with the commission.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-5

SECTION 46-25-5

   § 46-25-5  General powers. – The commission shall have the following powers, together with all powersincidental thereto or necessary for the performance of those stated in thischapter:

   (1) To sue and be sued, complain and defend, in its corporatename.

   (2) To have a seal which may be altered at pleasure and touse the seal by causing it, or a facsimile thereof, to be impressed or affixedor in any other manner reproduced.

   (3) To purchase, take, receive, lease, or otherwise acquire,own, hold, improve, use, and otherwise deal in and with, real or personalproperty, or any interest therein, wherever situated.

   (4) To make and execute agreements of lease, constructioncontracts, operation contracts, and all other contracts and instrumentsnecessary or convenient in the exercise of the powers and functions of thecommission granted by this chapter.

   (5) To make guarantees and incur or assume liabilities as thecommission may deem appropriate.

   (6) To invest and reinvest its funds.

   (7) To secure the cooperation and assistance of the UnitedStates, and any of its agencies, and of agencies of this state and itsmunicipalities in the work of the commission.

   (8) To accept grants, donations, drafts, loans of funds, andcontributions in money, services, materials, or otherwise, from the UnitedStates or any of its agencies, from this state and its agencies, or from anyother source, and to use or expend those moneys, services, materials, or othercontributions in carrying out the purposes of this chapter.

   (9) To make assessments and impose reasonable and just usercharges, and to pay for such expenses as may be required by law or as may bedetermined by the commission to be necessary for the maintenance and operationof the project. In addition to the foregoing, the assessments and user chargesimposed pursuant to this chapter by the commission shall be set at a ratesufficient to enable the commission to pay the debt service cost on not inexcess of fourteen million and fifty-nine thousand dollars ($14,059,000) ofgeneral obligation bonds and on notes issued pursuant to this chapter. Any usercharge, fee, or rate shall be subject to the approval of the public utilitiescommission.

   (10) To establish a sewage pretreatment program, and torequire as a condition, to the grant or reissuance of any approval, license, orpermit required under the program, that the person applying for the approval,license, or permit, pay to the commission a reasonable fee based on the cost ofreviewing and acting upon the application and based on the costs ofimplementing the program. In addition, where violations of the provisions of§§ 46-25-25 – 46-25-25.3, or of any permit, rule, regulation, ororder issued pursuant thereto have occurred, the violator shall reimburse thecommission for the actual costs of implementing and enforcing the terms of thepermit, rule, regulation, or order as a condition to the grant or reissuance ofany approval, license, or permit.

   (11) To acquire or contract to acquire, from any person, thefederal government or the state, or any agency of either the federal governmentor state, by grant, purchase, lease, gift, condemnation, or otherwise, or toobtain options for the acquisition of any property, real or personal, improvedor unimproved, and interests in land less than the fee thereof; and to own,hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,transfer, convey, lease, mortgage, or otherwise dispose of or encumber theproperty for the purposes of carrying out the provisions and intent of thischapter for such consideration as the commission shall determine.

   (12) To elect or appoint officers and agents of thecommission, and to define their duties and fix their compensation, includingauthority to employ attorneys, accountants, architectural, and engineeringconsultants, and such other employees or agents as the commission shall deemnecessary in its judgment.

   (13) To make and alter bylaws, not inconsistent with thischapter, for the administration and regulation of the affairs of thecommission, and the bylaws may contain provisions indemnifying any person whois or was a director or a member of the commission, in the manner and to theextent provided in § 7-1.2-814.

   (14) To construct, acquire, repair, develop, own, operate,maintain, extend, improve, rehabilitate, renovate, equip, and furnish a projectand make provision for its management.

   (15) To prepare or cause to be prepared plans,specifications, designs, and estimates of costs of construction,reconstruction, rehabilitations, improvement, alteration, or repair of aproject, and to modify the same.

   (16) To issue orders of general or specific applicability tocarry out the purposes of the project.

   (17) To have and exercise all powers necessary or convenientto effect its purposes.

   (18) To impose administrative penalties in accordance withthe provisions of § 46-25-25.4.

   (19) To secure certain payments on its revenue bonds andnotes, in whole or in part, by insurance or by letters or lines of credit orother credit facilities.

   (20) To enter into agreements, contracts, and otherarrangements with the state and any of its departments, agencies, boards orcommissions relating to the execution or performance of any function or purposeof the commission, including, but not limited to, investments, employeecompensation and employee benefits, and the state and its departments,agencies, boards and commissions are hereby authorized to enter into suchagreements, contracts and other arrangements with the commission, and upon therequest of the commission shall enter into such agreements, contracts and otherarrangements with the commission.