|
The Town of Coventry is authorized and empowered
in accordance with the provisions of this act, to plan, lay out, construct,
finance, operate and maintain sewage works for a part or the whole
of its territory and for such purposes to take by eminent domain or
otherwise any lands, water rights, rights-of-way, or easements, public
or private, in said town necessary for accomplishing any purpose mentioned
in this act. Such sewage works may include sewers and sewer service
connections, pumping stations, sewage treatment works, sewage disposal
works, and other works essential to the proper collection and disposal
of the sewage of said town.
| |
|
As used in this act, unless the context otherwise
requires:
| |
|
"Town" means the Town of Coventry.
| |
|
"Council" means the town council of the Town
of Coventry.
| |
|
"Highways" means any state or other highway
and any public street, alley, park, parkway, driveway, bridge or public
place.
| |
|
"Sewage works" means all constructions for collection,
transportation, pumping, treatment and final disposal of sewage.
| |
|
"Common sewer" means a sewer in which all abutters
have equal rights of entrance and use.
| |
|
"Force main" means a sewer wherein sewage is
moved by pressure.
| |
|
"Sewer service connection" means a pipe to convey
sewage and wastes from a building to a common sewer.
| |
|
"Sewage" shall mean wastewater, water-carried
wastes, or a combination of them, discharged into and conveyed by
sewers or intended or customarily so discharged and conveyed. Sewage
may be further classified as follows:
| |
|
"Sanitary sewage" shall mean the common wastewater
and water-carried wastes from human dwellings and from toilet and
lavatory fixtures, kitchens, laundries and similar facilities of business
and industrial buildings. In general, sanitary sewage shall not include
stormwater from roofs, yards, streets or open spaces, water from land
surfaces or brooks, clean waste or overflows from springs, wells,
or subsoil drainage, large volumes of clean water from air conditioning
or other cooling or condensing facilities, clean wastewater from hydraulically
operated contrivances and those wastes included within the definition
of "industrial wastes" next following.
| |
|
"Industrial wastes" shall include the liquid
or water-carried wastes of any industrial process not clearly included
within the definitions of sanitary sewage, stormwater, cooling water
or subsoil drainage herein. In general, wastewaters carrying any quantity
of oils, grease, fats, abrasives, chemicals, residues of manufacturing
processes, wastes from commercial food preserving or canning, from
slaughterhouses or meat processing plants, and similar substances,
whether dissolved, in suspension, or mechanically carried by water,
shall be considered as industrial wastes.
| |
|
"Stormwater" shall include the runoff or discharge
of rain and melted snow or other clean water from roofs, surfaces
of public or private lands or elsewhere. For most purposes within
the scope of this act, stormwater shall not include the flow of any
natural brook, rivulet or stream even if the source of such water
is storm runoff from land or other property once that runoff has entered
the channel of such brook or natural watercourse. In general, stormwater
shall include only water which is sufficiently clean and unpolluted
to admit of being discharged, without treatment or purification, into
any natural open stream or watercourse without offense.
| |
|
"Cooling water" shall include the clean wastewater
from air conditioning, industrial cooling, condensing and similar
apparatus and from hydraulically powered equipment. In general, cooling
water will include only water which is sufficiently clean and unpolluted
to admit of being discharged, without treatment or purification, into
any natural open stream or watercourse without offense.
| |
|
"Seepage" or "subsoil drainage" shall include
water from the soil percolating into subsoil drains and through foundation
walls, basement floors, or underground pipes or from similar sources.
| |
|
"Lateral sewer" means a sewer which does not
receive the sewage from any other common sewer.
| |
|
"Submain sewer" means a sewer into which the
sewage from two or more lateral sewers is discharged.
| |
|
"Main sewer" means a sewer into which the sewage
from two or more submain sewers is discharged.
| |
|
"Authority" means the sewer authority authorized
by this act.
| |
|
"Land" means and includes any land, including
building and other improvements thereon, estate, riparial or other
right, easement, interest or waterway.
| |
|
The Town of Coventry may provide for the construction
of sewers and for other sewage works for said town and may raise funds
therefor by borrowing or otherwise, and for that purpose may issue
bonds or notes of the town in accordance with the provisions hereinafter
stated or under other authority.
| |
|
The sewer authority shall provide that annual
charges shall be made upon the owners of the lands using the sewage
works and that sewer assessments shall be made upon the owners of
lands for which the use of sewage works is available. The receipts
from annual charges and sewer assessments shall be appropriated for
and applied to the payment of the charges and expenses incident to
the planning, construction, financing, operation and maintenance of
the sewage works, and to the payment of principal costs for any bonds
or notes issued for sewage works, and any deficiency of said receipts
in any year for said purposes shall be met by appropriation by the
town council and assessment in the regular town tax. The receipts
from annual charges shall, however, be held in a separate account
and said receipts shall be used solely for the maintenance and operations
of the treatment plan.
| |
|
(P.L. 1970, Ch. 175, § 1)
|
|
There shall be a bipartisan sewer authority
for the town consisting of five qualified electors of the town, not
more than three of whom shall be members of the same political party,
to be appointed by the council. Upon passage of this act, the council,
within 30 days thereafter, shall appoint the five members of the authority,
two of each from lists of 10 names submitted by the respective chairmen
of the town political committees and one member without party designation;
one member to hold office until one year from the first day of May
preceding said appointment, one member to hold office until two years
from the first day of May preceding said appointment, one member to
hold office until three years from the first day of May preceding
said appointment, one member to hold office until four years from
the first day of May preceding said appointment, one member to hold
office until five years from the first day of May preceding said appointment,
and in the month of April preceding the expiration of the term of
each of said members, the council shall appoint one member to succeed
the member whose term will next expire to hold office for the term
of five years from the first day of May next after his appointment
and until his successor is appointed and qualified in the same manner
as provided in the original appointment for such term. In case any
person appointed as a member of said authority shall decline to serve
or neglect to qualify within 10 days after his appointment, or a vacancy
shall occur in said authority for any other cause, the council shall
appoint some person to fill such vacancy for the unexpired term in
the same manner as provided in the original appointment for such term.
A person holding any other office emolument or profit under the government
of the town shall not be eligible to membership on the authority and
if any member of said authority shall accept any such office or shall
remove from the town, his place on the authority shall immediately
become vacant. The members of the authority shall be severally sworn
to the faithful performance of their duties under this act. They shall
elect from among their members a chairman and a secretary at the first
meeting after the organization and upon the appointment of any new
member for a full term and shall fill any vacancy that may occur in
either office from any cause. A majority of the members of the authority
shall constitute a quorum for the transaction of business. The council
may remove any member of the authority from office for cause shown
after a hearing before the council of which such member shall be given
seven days' notice in writing.
| |
|
The council shall fix the compensation of the
members of the authority and shall annually appropriate a sum sufficient
to pay the same together with a sum sufficient for office expenses.
The authority may adopt bylaws governing the transaction of business
but no such bylaw shall authorize any action by the authority except
by a majority vote thereof.
| |
|
The authority appointed by the provisions of
this section, until bonds and notes shall be authorized as further
provided herein, shall have the following interim powers and duties.
| |
|
The authority shall review the sewer survey
heretofore conducted by authorization of the council in order to develop
procedures for the implementation of the general sewer program and
to conduct preliminary studies in order to execute the administrative
details contained in this act.
| |
|
Such activities may include:
| |
|
(a)
|
The planning and programming of the various
phrases of the sewer project; and
|
|
(b)
|
A review of the procedures of various financing
programs in terms of charges and assessments to be instituted upon
the commencement of the construction of sewers; and
|
|
(c)
|
An establishment and exercise of a public information
program.
|
|
The members of the authority and their duly
authorized agents may enter upon any premises within the town to examine,
inspect or survey the same, whenever necessary for the performance
of their duties under this act.
| |
|
(P.L. 1970, Ch. 175, § 2)
|
|
Without in any way limiting the authority of
said town to provide sewers anywhere within the territorial limits
of the town, the sewer authority at its discretion may authorize the
construction, maintenance, and operation of sewage works from time
to time in different areas or sections of the town. The authority
shall proceed to prepare construction plans, specifications and cost
estimates of sewage works for the town or any portion thereof, showing
the streets and highways in which the sewers will be placed and the
location of other sewage works to be placed outside of the street
and highway limits. The authority shall also prepare, or have prepared,
a report describing the proposed sewage works and a complete estimate
of costs therefor.
|
|
When such plans, specifications, reports and
estimates are completed, they shall cause to be held a public hearing.
Notice of the hearing shall be published in a public newspaper having
circulation in the Town of Coventry at least five days prior to the
hearing.
|
|
The council, upon requisition signed by a majority
of the authority, shall appropriate a sum sufficient to pay the cost
of preparing the plans, specifications, reports and estimates provided
for in this section to be expended by the authority, and to be paid
by the town treasurer upon vouchers approved by a majority of the
authority.
|
|
In the preparation of plans, specifications,
reports and estimates provided in this section, the authority may
from time to time employ and fix the compensation of such consulting
engineers, legal advisers, and other professional experts, and such
other engineers, surveyors, draftsmen, clerks, and other employees
as it may find necessary and may discontinue the employment of any
or all such employees.
|
|
(P.L. 1970, Ch. 175, § 3)
|
|
Upon the completion of a public hearing of the
plans, specifications, reports and estimates as provided in section
3 hereof, the authority shall proceed as soon as may be practicable
to carry out construction work contemplated by the plans aforesaid.
The authority shall be vested with full authority to construct sewage
works for said town, and to make for and in behalf of the town all
necessary contracts for construction and for the purchase of property,
supplies and equipment. All work, supplies, materials and equipment
required by the authority in connection with the construction of the
sewage works shall be procured by contract made pursuant to and in
manner required by the provisions hereof. In all contracts involving
more than $1,000, except in the case of legal services, the services
of consulting engineers and other professional services, said authority
shall advertise for bids based upon proper specifications to be prepared
by said authority, and shall let such contract or contracts to such
bidder or bidders who will give security, satisfactory to said authority
for the performance of their contract, after considering the relative
competency and responsibility of the bidders and the amount of their
respective bids. The operation, maintenance and reparation of said
sewage works shall be vested in the authority.
|
|
The authority may from time to time employ and
fix the compensation of such professional engineers, legal advisors,
surveyors, draftsmen, clerks, and other employees as it may find necessary
for the construction, operation, maintenance and repair of said sewage
works, and may at any time discontinue the employment of any or all
such employees. The authority shall cause to be kept a record of all
its accounts and proceedings and an accurate account of all its transactions,
and shall annually, and at such other times as directed by the council,
report to the town council its doings and make a report in detail
of its financial accounts. The authority shall keep minutes of all
its proceedings showing the vote of each member upon each question
or if such member be absent or fails to vote indicating such fact;
and shall keep records of its examinations and of other official actions,
all of which shall be filed and shall be a public record.
|
|
(P.L. 1970, Ch. 175, § 4)
|
|
For the purpose of paying the cost of all land
acquired by the town under the authority of this act and of all services,
stations, sewage treatment work[s] and sewage disposal works, labor,
materials and supplies for the construction of pumping and for constructing
and laying force mains, main sewers, submain sewers and lateral sewers,
and for connecting any such sewers to the boundary lines of abutting
estates, and for reconstructing, resurfacing, and repairing highways
through which sewers are laid, for all other necessary expenses and
liabilities under this act, other than expenses of maintenance and
operation of sewage works after the completion thereof, and for the
purpose of reimbursing the town treasury for sums advanced therefrom
as herein provided, and for the purpose of funding any temporary notes
or renewals thereof issued pursuant to section 6 hereof, or for any
one or more of said purposes, the Town of Coventry is hereby authorized,
in addition to authority previously granted, to issue bonds to an
amount not exceeding $7,000,000 from time to time under its corporate
name and seal or a facsimile of such seal. The principal of the bonds
and interest thereon shall be payable in any coin or currency of the
United States of America which at the time of payment is legal tender
for public and private debts. The bonds of each issue shall mature
in annual installments of principal, the first installment to be not
later than three years and the last installment not later than 30
years after the date of the bonds. No installment of principal of
any issue shall exceed any prior installment by more than 6% of the
total principal amount of the issue, except for a prior installment
earlier than herein required. The bonds shall be signed by the town
treasurer and by the manual or facsimile signature of the president
of the town council and shall be issued and sold at no less than par
and accrued interest in such amounts as the town council may determine.
The manner of sale, denominations, maturities, interest rates and
other terms, conditions and details of any bonds or notes issued under
this act may be fixed by the resolution of the town council authorizing
the issue or by separate resolution of the town council or, to the
extent provisions for these matters are not so made, they may be fixed
by the officers authorized to sign the bonds or notes.
|
|
The town treasurer upon receipt of a requisition
signed by a majority of the authority shall raise such sums as may
be deemed necessary by the issue and sale of bonds and notes issued
under the provisions of section 5 or section 6 of this act. Such sums
are to be appropriated to carry out the purposes of this act, which
sums shall be paid out from time to time by the town treasurer upon
receipt of vouchers approved by a majority of the authority and the
town council.
|
|
The town council may authorize the town treasurer
to advance from the town treasury such sums not otherwise appropriated
as may be required for the purposes of this act pending the borrowing
of money as provided by this act and the sums so advanced shall be
repaid to the treasury by the town treasurer from the proceeds of
any borrowing hereunder next after such advance.
|
|
(P.L. 1970, Ch. 175, § 5)
|
The town council of the Town of Coventry may
authorize the issue from time to time of interest bearing or discounted
notes in anticipation of the authorization or issue of bonds under
section 5 of this act or in anticipation of the receipt of federal
aid for the purposes of this act. The amount of original notes issued
in anticipation of bonds may not exceed the amount of bonds which
may be issued under this act and the amount of original notes issued
in anticipation of federal aid may not exceed the amount of available
federal aid as estimated by the town treasurer. Temporary notes issued
hereunder shall be signed by the town treasurer and by the president
of the town council and shall be payable within three years from their
respective dates, but the principal of and interest on notes issued
for a shorter period may be renewed or paid from time to time by the
issue of other notes hereunder, provided the period from the date
of an original note to the maturity of any note issued to renew or
pay the same debt or the interest thereon shall not exceed three years.
|
(P.L. 1970, Ch. 175, § 6)
|
|
Serial bonds or notes issued under authority of and in compliance with section 5 of this act shall be valid and general obligations of the Town of Coventry in accordance with the terms thereof and payable as to both principal and interest from ad valorem taxes which may be levied without limit as to rate or amount upon all the taxable property within the territorial limits of the town and taxable by it, except as the tax rate on intangible personal property may from time to time be limited by general law. Notwithstanding chapter 204 of the Public Laws of 1963, all real and tangible personal property may be assessed for the portion of the tax, if any, assessed by the Town of Coventry for the purpose of paying the indebtedness authorized hereunder and the interest thereon.
|
|
Notes issued under authority of and in compliance
with section 6 of this act, shall be valid and general obligations
of the Town of Coventry in accordance with the terms thereof. All
obligations of the town which are incurred under the authority of
this act shall be excepted from the operation of section 45-12-2 of
the General Laws, 1956, and acts in addition thereto and in amendment
thereof and such obligations shall not at any time be included in
ascertaining the borrowing capacity of the town.
|
|
The validity of any bonds or notes issued under
this act shall not be affected by any provisions of this act other
than sections 5 through 7.
|
|
Any bonds or notes issued under the provisions
of this act and coupons of any bonds, if properly executed by officers
of the town and in office on the date of execution, shall be valid
and binding according to their terms, notwithstanding that before
the delivery thereof and payment therefor, any or all of such officers
shall for any reason have ceased to hold office. Notwithstanding the
foregoing provisions of this act, no bonds shall be issued in excess
of amounts approved from time to time by vote of a majority of the
electors present and voting on the question at an annual or special
financial town meeting. A vote not to approve an amount or special
financial town meeting. A vote not to approve an amount of bonds hereunder
shall not preclude any later vote to approve the same or a different
amount.
|
|
(P.L. 1970, Ch. 175, § 7)
|
The proceeds arising from the sale of any bonds
or notes issued under authority of this act shall be delivered to
the town treasurer and shall be kept by him in separate accounts and
shall be expended only for the purposes and in the manner prescribed
by this act, provided that the proceeds of the sale of any issue of
serial bonds or notes shall first be applied to the payment of such
temporary notes as may have been issued in anticipation of such issue,
and provided further that any premium received over the par value
of the serial bonds or notes of any issue, less the cost of preparing,
issuing and marketing such serial bonds or notes shall be applied
to the payment of the principal of the first bonds or notes of such
issue first to mature.
|
(P.L. 1970, Ch. 175, § 8)
|
|
The sewer authority shall determine that proportion
of the cost of constructing, operating and maintaining the sewage
works, provided for in section 1 of this act, the town shall pay by
general taxation and what portions shall be paid by assessments and
annual charges against individual parcels of property, and shall pay
at least 1/4 and not more than 2/3 of the cost of constructing, operating
and maintaining said sewage works. Costs not assessed by reason of
section 12 or 13 shall be borne by the town in addition to the proportion
determined above. The authority shall prescribe just and equitable
sewer assessment rates on account of the construction costs, to be
levied against owners of property abutting on that portion of any
highway in which a common sewer is laid under this act and also rates
of annual charge, on account of operating and maintenance costs, to
be levied against owners of property which is connected to a common
sewer.
|
|
Sewer assessments shall be levied at a uniform
rate based upon the estimated cost of constructing all sewers, sewer
service connections and other sewage works belonging to the town.
Annual charges shall be computed according to water consumption or
other factors deemed equitable by the sewer authority. Such annual
charges herein referred to shall be paid annually by every property
owner or institution whose property is connected to the town sewage
works.
|
|
The sewer assessments may be determined according
to the frontage along the highway of each parcel of land abutting
on a common sewer or according to the area of such land within a fixed
depth from the highway, or according to both such frontage and area.
The sewer authority may, from time to time, redetermine the rates
fixed for sewer assessments, if construction costs warrant, and may
redetermine rates for annual charges if costs so warrant.
|
|
The sewer assessments herein referred to shall
be paid by every property owner or institution whose property is abutting
on that portion of any highway in which a common sewer is laid under
this act or is connected to the town's sewage works. Sewer assessments
levied hereunder may be paid in as many as 20 annual installments,
upon application by the property owner and approval of the sewer authority.
In the case of installment payments, interest at rate not to exceed
8% per annum shall be charged annually on the unpaid balance of the
total sewer assessment.
|
|
The authority shall annually certify to the
town treasurer all the annual charges and sewer assessments made by
it under the authority of this act. Each charge or assessment made
by said authority pursuant to this act shall be a lien upon the lands,
buildings and improvements upon which it is made in the same way and
manner as taxes assessed on real estate, but such liens shall not
expire until the charge or assessment with all interest, costs and
penalties thereon is paid in full, and, if the charge or assessment
is not paid as required, it shall be collected in the same manner
that taxes assessed on real estate are by law collected. Such annual
charges and sewer assessments shall be due and payable at the time
the regular town taxes are first due and payable next after the date
of receipt by the town treasurer of the aforesaid certificate of said
annual charges and sewer assessments from the authority. The town
treasurer, after receiving a list of charges or assessments under
this section, shall forthwith, at the expense of the town, send to
each person assessed or charged notice of the amount of his assessment
or charge. The notice shall substantially identify the person assessed,
state the amount of the assessment or charge and refer to the remedy
available under section 19 of this act. The notice shall be mailed
postpaid and directed to the last known address of the person assessed.
If there are persons whose addresses are unknown, a similar notice
covering the assessments against such persons shall be published in
a newspaper of general circulation in the town and such published
notice may be a single collective notice for all such persons. No
irregularity in the notice required by this section shall excuse the
nonpayment of the assessment or charge or affect its validity or any
proceedings for the collection thereof as long as there is substantial
compliance with the provisions hereof. No deficiency in the notice
to the person assessed shall excuse the nonpayment by others of the
assessment or charges assessed against them or affect the validity
thereof or any proceedings for the collection thereof, The tax collector
shall without further warrant collect such annual charges and assessments
in the same manner and at the same time as the regular taxes of the
town are first payable. Interest at the rate per annum fixed for nonpayment
of town taxes shall be charged and collected upon all overdue charges
and assessment from the date they become payable until paid.
|
|
The authority may at any time cancel in whole
or in part any charge or assessment to the extent the authority determines
such charge or assessment to have been improperly imposed.
|
|
(P.L. 1970, Ch. 175, § 9)
|
The receipts from the annual charges and sewer
assessments provided for in section 9 of this act shall be kept by
the town treasurer in separate funds and at the close of each fiscal
year the town treasurer shall transfer from such funds to the treasury
a sum sufficient to repay the sums appropriated and paid from the
treasury during the fiscal year then closed on account of the principal
of any borrowing for the purpose of this act and for the payment of
charges and expenses incident to the operation, maintenance and repair
of said sewage works or to the extension thereof. If the receipts
from said charges and assessments amount in any year to more than
will be required for the aforesaid purposes, the surplus shall be
added to the receipts of the next succeeding year.
|
(P.L. 1970, Ch. 175, § 10)
|
Whenever a tenant by the entirety, or a joint
tenant, or a tenant in common of any land subject to a sewer charge
or assessment under this act shall pay the whole amount of such assessment,
he may recover from the other joint tenant or tenant in common, as
the case may be, such proportional part of such charge or assessment
as the value of the latter's interest in the land bears to the aggregate
value of such land, by proceedings in the superior court for the County
of Kent. The same shall apply as between a tenant for life or years
and the owner of the fee with respect to construction assessments.
Whenever the owner of the fee shall pay an annual charge, he may recover
the amount so paid from the tenant in a similar action to the extent
(that it) is attributable to the period of the tenancy. The provisions
of this section shall not be construed to impair any other right of
action which the party paying such charge or assessment may have at
law or in equity to secure contribution from the other parties having
an interest in the land subject to such charge or assessment.
|
(P.L. 1970, Ch. 175, § 11)
|
|
The owner of a lot of land irregular in shape
or which is unduly above or below grade or which for any other reason
is deemed to be inequitably assessed under this act, in the event
such an assessment is made, may appeal to the sewer board of review
as hereinafter provided in section 19 of this act. The authority may
notwithstanding an appeal, on its own initiative, adjust the sewer
assessment on such a lot or exempt such a lot from assessment.
|
|
Where a lot is located at the intersection of
two streets or highways in which sewers have been constructed, the
sewer assessment on such lot shall be made only for the sewer in the
street or highway in which the assessment would be greater.
|
|
(P.L. 1970, Ch. 175, § 12)
|
All lands in said town held by religious corporations,
and on which are located buildings used solely for the purposes of
holding religious services therein, and all lands in said town held
by cemetery corporations and used solely for cemetery purposes, shall
be exempt from the payment of any and all sewer assessments for the
construction of sewage works made in pursuance of the provisions of
this act, so long as such lands shall be held and used solely for
such purposes; provided, that all such assessments made on such lands
for the construction of sewage works under the provisions of this
act shall be and remain for 30 years a lien on said lands and the
improvements thereon without interest, and the said town may enforce
for collection of said assessments whenever said lands or any portion
thereof shall be abandoned for said purposes, in the same manner as
other sewer assessments under this act are collected or enforced;
and provided, further, that any such assessment may be adjusted in
the manner and for any of the reasons prescribed in section 8 of this
act.
|
(P.L. 1970, Ch. 175, § 13)
|
|
The authority in behalf of the town may acquire
by agreement, purchase or condemnation such land or right or easement
in land as may be necessary for the purposes of this act. Whenever
the authority desires to take any such land or right or easement in
land by condemnation, it shall file with the town clerk a plat, description,
and statement of such land or right or easement in land to be taken
and a statement that such land or right or easement in land is taken
pursuant to the provisions of this act.
|
|
Upon the recording of said plat, description
and statement in the office of the town clerk, the land or easement
in land defined in such plat, description and statement to the extent
and according to the nature of the interest therein taken, shall vest
in the town and shall be subject to the use of the authority for the
purposes of this act, and said authority may thereupon enter upon
and enjoy the rights, interests and easements taken as aforesaid;
and after the filing of such plat, description and statement, notice
of such taking shall be served upon the owners of and persons having
an estate in and interested in such land by any police officer of
the Town of Coventry leaving a true and attested copy of such description
and statement with each of such persons personally, or at their last
and usual place of abode in this state with some person living there,
and, in case any of such persons are absent from this state and have
no last and usual place of abode therein occupied by any person, such
copy shall be left with the persons, if any, in charge of or having
possession of such land of such absent persons, and another copy thereof
shall be mailed to the address of such absent persons if the same
is known to said officer; and after the filing of such description
and statement, the town clerk of said town shall cause a copy of such
description and statement to be published in some newspaper or newspapers
published or circulated in said town at least twice a week for three
successive weeks; and if any party shall agree with said authority
for the price of the rights, interests or easements so taken, the
same shall be paid to him forthwith by said authority.
|
|
The authority shall have general authority to
represent the town and to make any agreements for said town under
the authority of this section and to do any acts or things necessary
or incidental to executing settlements and agreements, and shall have
authority to agree with the owner for the price of land so taken and
the same shall be paid by the town treasurer out of the proceeds of
bonds or notes issued hereunder or other funds made available for
the purpose, upon vouchers approved by the majority of the authority
and the town treasurer.
|
|
Any owner of or person entitled to any estate
in or interested in any part of the land in which such fee, rights,
interests or easements are so taken who cannot agree with said town
for the price such fee, rights, interests or easements so as taken
in which he is interested as aforesaid, may, within one year from
the filing of the plat, description and statement referred to in this
section of this act, apply by petition to the superior court in and
for the County of Kent, setting forth the taking of such fee, rights,
interests or easements in his land and praying for an assessment of
damages by a jury. Upon the filing of said petition the said court
shall cause 20 days' notice of the pendency thereof to be given to
said town by serving the town treasurer of said town with a certified
copy thereof, and may proceed after such notice to the trial thereof;
and such trial shall determine all questions of fact relating to the
value of such fee, rights, interests or easements and the amount thereof,
and judgment shall be entered upon the verdict of such jury and execution
shall be issued therefor.
|
|
In case any owner of or person having an estate
in or interested in such land, shall fail to receive personal notice
of the taking as aforesaid, and shall fail to file the petition as
provided in this section, said court in its discretion may permit
the filing of such petition subsequent to said period of one year
from the filing of such description and statement; provided, such
person shall have no actual knowledge of the taking of such fee, right,
interest or easement in season to file such petition.
|
|
If any lands, or any fee, rights, interests
or easements therein, in which any infant or other person not capable
in law to act in his own behalf is interested, are taken by said authority
under the provisions of this act, said superior court, upon the filing
therein of any such petition by or in behalf of such infant or other
person, may appoint a guardian ad litem for such infant or other person,
and such guardian may appear and be heard in behalf of such infant
or other person; and such guardian may also with the advice and consent
of said superior court may prescribe, release to said town or authority
all claims for damages for the fee, rights, interests or easements
in the lands of such infant or other person. Any lawfully appointed,
qualified and acting guardian of the estate of such infant or other
person with the approval of the court of probate within this state
having jurisdiction to authorize the sale of lands within this state
of any such infant or person, may, before the filing of any such petition,
agree with said authority upon the amount of damages suffered by such
infant or other person by any such taking and may, upon receiving
such amount, release to said town or authority all claims of damages
of such infant or other person for such taking.
|
|
Any damages assessed as the result of petition
to the superior court shall be paid by the town treasurer provided,
however, that nothing in this act shall authorize the authority to
condemn any portion of the land or right-of-way of any railroad, street
railway or other public service company, except for the purpose of
crossing the same below grade and of building and maintaining necessary
manholes at such crossing in such manner as not to render unsafe,
or to impair the usefulness of such land or right-of-way for railroad
or street railway purposes or the purposes of such other public service
company. If said authority and such railroad, street railway or other
public service company are unable to agree as to the method of the
construction and maintenance of such sewer and manholes at any such
crossing, either party may apply to the division of public utilities
for a determination thereof, and, after hearing, such sewer and manholes
shall be constructed and maintained in such method and manner as may
be ordered by said division. Either party aggrieved by such order
of said division may appeal to the supreme court.
|
|
Prior to any taking hereunder, the authority
shall provide specific funds for payment of compensation, the use
of such funds for such purpose shall be fixed obligation of the town,
and, notwithstanding anything to the contrary herein, the full faith
and credit of the town shall be deemed pledged to pay such compensation.
|
|
(P.L. 1970, Ch. 175, § 14)
|
The town, acting by its sewer authority, is
further authorized to contract with any other city or town in this
state or with the State of Rhode Island, and any other city or town
in this state and the State of Rhode Island is authorized to contract
with the Town of Coventry, on such terms as may be mutually agreed
upon between them with reference to the construction, maintenance,
operation and the utilization of sewage works belonging to the town
or any other city or town in this state and the State of Rhode Island;
and the town may likewise contract with any other city or town or
the State of Rhode Island with regard to the disposition of sewage
from sewage works belonging to any of said cities or towns or the
State of Rhode Island.
|
(P.L. 1970, Ch. 175, § 15)
|
The sewer authority, after notice and a public
hearing, is authorized from time to time to prescribe rules and regulations
relative to the regulation of, construction of, use of, discharge
of substances into and connections to the sewage works. These rules
and regulations shall cover the restriction of storm waters, wastes
which may or may not be discharged into the sewer system, the requirement
for the property owner or sewer user to provide protective devices
prior to discharge, sampling wells to determine strength of wastes,
flow measuring devices, pretreatment facilities and any other requirement
to provide proper protection and control of the use of the sewage
system and sewage treatment facilities. Such rules or regulations
adopted after a public hearing shall be filed with the town clerk.
Any person violating any rule or regulation prescribed by the authority
under the authority of this act shall be fined not exceeding $25 for
each violation, and not exceeding $50 for each additional day that
any such violation shall continue, as may be prescribed by the authority,
and shall also be liable in an action of the case for all damages
caused to the town or to any person by any such violation.
|
(P.L. 1970, Ch. 175, § 16)
|
|
The sewer authority in the interest of public
health and safety is authorized to order any abutting owner or occupant
of land upon any street in which there is a sewer or in which a sewer
may hereafter be constructed, to connect the sewage of such premises
with such sewer, and to order any owner or occupant to fill up and
destroy any cesspool, privy vault, drain or other arrangement on such
land for the reception of sewage. Upon the service of any such order,
or copy thereof, upon any such owner or occupant, to connect the sewage
as aforesaid, or to fill up or destroy any cesspool, privy vault,
drain or other arrangement for the reception of sewage, such owner
or occupant shall comply therewith within 30 days from the time of
service of such order. In case the owner or occupant to whom any such
order is directed shall neglect or refuse to comply therewith within
30 days after the service thereof upon him, he shall be fined not
less than $5 nor more than $25 for each subsequent 24 hours during
which he shall neglect or refuse to comply therewith and in case such
neglect or refusal shall continue for 60 days after the service of
such an order, the authority may cause such cesspool, privy vault,
drain or other arrangement for the reception of sewage which is the
subject of such order to be filled up and destroyed and the sewage
from such land to be connected with a common sewer. The pendency of
any appeal from any such order shall not affect the power of the authority,
after the expiration of said period of 60 days, to cause such cesspool,
privy vault or other arrangement for the reception of sewage to be
forthwith filled up and destroyed.
|
|
Whenever the authority shall cause any cesspool,
privy vault, or other arrangement for the reception of sewage to be
filled up and destroyed or the sewage of any land to be connected
with a common sewer, it shall keep careful account of the cost of
such work and of any expense caused the town by reason of the neglect
or refusal of the owner or occupant of such land to comply with the
order of the authority issued as aforesaid, and upon the completion
of such work the authority shall file statement of such cost and expense
with the town treasurer and thereupon the amount of such cost and
expense shall be a lien upon the land, including improvements thereon,
for which such cost and expense was incurred and the same shall be
collected in the same manner as other assessments and charges are
collected under this act.
|
|
(P.L. 1970, Ch. 175, § 17)
|
Whenever a common sewer is constructed under
the provisions of this act, the authority shall cause a plat of the
layout of the same and of the estates abutting upon that portion of
the highway in which the sewer is laid to be filed in the office of
the town clerk, which said plats are hereby declared to be public
records for the determination of the description of the estate assessed
for construction of sewage works.
|
(P.L. 1970, Ch. 175, § 18)
|
|
There shall be a sewer board of review which
shall consist of three members appointed by the council. The members
first appointed shall serve for terms of one, two and three years
respectively and thereafter one member shall be appointed in each
year for a term of three years.
|
|
Within 60 days after mailing of notice of an
assessment or charges under section 9 or within 30 days after giving
or mailing of notice of an order under section 17, any person aggrieved
by such assessment, charge or order may appeal to the sewer board
of review.
|
|
The sewer board of review shall keep an accurate
record of its proceedings which shall be available for public inspection.
|
|
If the board determines that such assessment
charge or order is unwarranted in whole or in part, it shall annul
or modify the same and make such order as justice may require. Otherwise
it shall affirm the same. Within 30 days after the decision of the
sewer board of review, any party aggrieved, which may include the
sewer authority, may appeal to the superior court which shall have
the same powers to annul, modify, enter further orders or affirm as
the sewer board of review.
|
|
The council shall provide by ordinance for the
organization of procedure of the sewer board of review and for the
manner of receiving, considering and disposing of appeals.
|
|
(P.L. 1970, Ch. 175, § 19)
|
The sewer authority of said town by the vote
of a majority of its members may vote to accept and use in connection
with the construction of the sewage works authorized by this act any
funds from the United States of America or aid in any form under any
and all acts and joint resolutions of Congress already enacted or
which may be enacted, and upon such terms and conditions as may be
required by the proper federal authorities.
|
(P.L. 1970, Ch. 175, § 20)
|
If any part, clause, division or section of
this act shall be declared unconstitutional, the validity of its remaining
provisions shall not be affected thereby.
|
(P.L. 1970, Ch. 175, § 21)
|
This act shall not affect any other power which
the town may have under any other provisions of law to incur indebtedness.
|
(P.L. 1970, Ch. 175, § 22)
|
