TITLE 39
Public Utilities and Carriers
CHAPTER 39-16
Kent County Water District
SECTION 39-16-8
§ 39-16-8 Powers of authority.
The authority shall have power:
(1) To acquire property by voluntary purchase from the owner
or owners thereof; and if the authority deems it advisable, to acquire any of
the properties through the purchase of stock and obligations of a corporation
owning the property and the dissolution of the corporation. The owner or owners
of any property which the authority is herein authorized to acquire are hereby
authorized to sell or otherwise transfer the same to the authority, and in the
case of a sale or other transfer of property pursuant to this provision it
shall be lawful to dissolve the corporation, any other provision of law to the
contrary notwithstanding.
(2) 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.
(3) To produce, distribute, and sell water within or without
the territorial limits of the district.
(4) To sue and be sued.
(5) To adopt and alter a corporate seal.
(6) To acquire, hold, use, lease, sell, transfer and dispose
of any property, real, personal, or mixed, or interest therein for its
corporate purposes, and to mortgage, pledge, or lease any such property;
provided, however, that in the case of any sale or proposed sale of any real
property hereunder, the authority shall first grant to the city or town in
which the real property, or any part thereof, is situated the right to purchase
the real property, or portion thereof situated within its boundaries, upon the
same terms and conditions as the authority offers or proposes to offer to any
other prospective purchaser.
(7) To make bylaws for the management and regulation of its
affairs.
(8) To borrow money for any of its corporate purposes,
including the creation and maintenance of working capital, and to issue
negotiable bonds, notes, or other obligations and to fund or refund the same.
(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, such as to provide revenues sufficient at all times to pay, as the
same shall become due, the principal and interest on the bonds of the
authority, together with the maintenance of proper reserves therefor, in
addition to paying, as the same shall become due, the expense of operating and
maintaining the properties of the authority, together with proper reserves for
depreciation, maintenance, and contingencies and all other obligations and
indebtedness of the authority. The authority shall charge any city, county, or
town for the use of any facility of or service rendered by or any commodities
furnished to it by the authority at rates applicable to other users taking
similar service.
(10) To contract in its own name for any lawful purpose which
would effectuate the provisions of this chapter; to execute all 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; provided, however, that the full faith, credit, and taxing power of
the state or of any city, county, town, or other political subdivision shall
never be pledged, nor shall any bond, note, or other evidence of indebtedness
of the authority constitute the obligation of the state or of any city, county,
town, or other political subdivision, but shall be solely the obligation of the
authority. 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 authority.
(11) To enter into cooperative agreements with cities,
counties, towns, or water companies within or without the district for the
interconnection of facilities or for any other lawful corporate purposes
necessary or desirable to effect the purposes of this chapter.
History of Section.
(P.L. 1946, ch. 1740, § 3; G.L. 1956, § 39-16-8; P.L. 1971, ch. 63,
§ 1; P.L. 1990, ch. 16, § 1.)