Title III, Towns, Cities, Village Districts, and Unincorporated Places

Cities and towns are hereby authorized to join to establish a regional transit district, by vote of the local legislative body.

Any governing or legislative body of a municipality may adopt or rescind the provisions of this chapter at any duly warned meeting.

For the more convenient management of local operations, any municipality which has a municipal, gas, electric, or waterworks system under RSA 38, a municipal sewer system under RSA 149-I, or highway agents under RSA 231:62 or any combination, may combine any 2 or more of the foll…

Towns and cities are hereby authorized and empowered to incorporate a public authority for the purpose of acquiring, owning, and operating, or causing to be operated, a mass transportation system within such city or town. As used herein, the term "mass transportation system" mean…

I. The authority may adopt a seal to be impressed upon its instruments, and may provide for the impression of such seal by printed or lithographed facsimile thereof. Any executed instrument bearing the seal of the authority shall be prima facie evidence of its execution by the au…

If the utility shall have replied to the inquiry provided for in RSA 38:7 in the negative or if it shall have failed to reply within the time prescribed in RSA 38:7, the municipality, in the event that it shall have passed the vote or votes required in RSA 38:3, 38:4, and 38:5 an…

The revenue bonds of the authority shall, upon default in any payment of interest or principal, become a debt of the city or town in which the authority operates. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally li…

When making a determination as to whether the purchase or taking of utility plant or property is in the public interest under this chapter, the commission may set conditions and issue orders to satisfy the public interest. The commission need not make any public interest determin…

A municipality that has an existing municipal plant may expand such plant or may purchase or take, in the manner prescribed in RSA 38:6-11 and RSA 38:33, all or a portion of such plant owned by a utility which is necessary for expanded municipal utility service. Such action shall…

Bonds of the authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or r…

Obligations of the authority other than certificates shall be payable from general funds of the authority and shall at no time be a charge against any special fund allocated to the payment of bonds except upon payment of current annual maturities and reserves thereof.

Within 90 days of the final determination of the price to be paid for the plant and property to be acquired under the provisions of RSA 38:8, 38:9 or 38:10 and any consequential damages under RSA 38:33, the municipality shall decide whether or not to acquire the plant and propert…

If the commission orders divestiture of generation facilities in the implementation of electric utility restructuring under RSA 374-F, any municipality which has voted to acquire a hydro-electric facility as provided in RSA 38 may jointly issue with any other municipality which h…

A municipality, which has so acquired the plant, property, or facilities of a public utility in any other municipality, may operate within such other municipality as a public utility with the same rights and franchises which the owners of such outlying plant, as purchased, would …

Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associ…

The authority may obligate itself for the payment of bonds and other debts incurred in the furtherance of its public purposes by the state of New Hampshire, or by any county, municipality, political subdivision or public corporation.

Any such municipality may enter upon and take by eminent domain any land or any interest in land or water right within its limits, or in the case of a village district within the limits of the town or towns within which it is situated, which may be necessary for the construction,…

The authority shall determine the time, form, and manner of the issuance of its bonds and the specific provisions for, and references to such time, form, and manner heretofore and hereinafter set forth in this chapter are illustrative of its powers and are not in limitation there…

If the municipality shall not agree with the owner of the property referenced in RSA 38:15 as to damages, either party may apply to the superior court in the county where the town or district is located, or if the municipality is a village district then to the board of selectmen …

The authority may fix rates, fares, tolls, charges, rents or other charges for the use of the system acquired, constructed, operated, or maintained by the authority and may alter, change, or modify the same, all subject to the covenants of any revenue bond indenture pursuant to w…

Any such municipality may contract to supply electricity, gas, or water to individuals, corporations, other municipalities, or any person for any of the purposes named or contemplated in this chapter, and make such contracts, and establish such regulations and such reasonable rat…

For the more convenient management of any such electric, gas, or water works system, any such municipality may vest the construction, management, control, and direction of the same in a board of commissioners to consist of 3 or more citizens of such municipality, the commissioner…

I. The authority shall have the power to enter into contracts and agreements which it considers to be in the interests of its public purposes with any person or persons, with any public or quasi-public corporation with any state, and with the United States and any department or a…

The authority shall not be subject to regulation by the New Hampshire public utilities commission except that such authority may not conduct its operations beyond the city or town limits in which it is located without the approval of the public utilities commission pursuant to pr…

The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, or by the commissioners of the district if the municipality fails to elect or votes to allow appointments.

A city or town may establish an energy commission, hereinafter called the commission, for the study, planning, and utilization of energy resources for municipal buildings and built resources of such city or town.

The incorporation of any such authority shall be accomplished by adoption of articles of incorporation by the city council, aldermen, town council, or selectmen, in the same manner and by the same procedure as such city or town enacts ordinances, except that no such articles of i…

Any municipality may: I. Establish, expand, take, purchase, lease, or otherwise acquire and maintain and operate in accordance with the provisions of this chapter, one or more suitable plants for the manufacture and distribution of electricity, gas, or water for municipal use, fo…

I. Before the establishment of a regional transit district is put to the local legislative body, the regional planning commission or metropolitan planning organization having jurisdiction shall make a recommendation on forming a district. Following the recommendation, the selectm…

The board of public works commissioners shall consist of 3 or more citizens of such municipality, who shall have such powers and duties as the municipality may prescribe. Their terms of office shall be for 3 years and until their successors are elected and qualified. The first bo…

Any regional water district may: I. Establish, expand, purchase, lease, or otherwise acquire and maintain and operate in accordance with the provisions of this chapter, one or more suitable plants for the manufacture and distribution of water for the use of municipalities that ar…

The policy of the state of New Hampshire being to foster and insure, by means of an authority created for the purpose, the development of a mass rapid transit system in aid of a municipality faced with the necessity of a publicly sponsored solution of transit needs within its lim…

The compensation of the commissioners shall be fixed by the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chairperson of their board. They shall appoint a clerk and a superintendent of …

The commissioners shall annually, at the time other city, town, or district officers report, make a report to the municipality of the condition of the plant financially and otherwise, showing the funds of the department, the expenses and income of the department, and all other ma…

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legis…

I. Except as provided in paragraph III, all charges for services furnished to patrons by a municipally owned electric, gas, water, or wastewater utility shall create a lien upon the real estate where such services are furnished. II. Except as provided in paragraph III, a municipa…

Notwithstanding any other provision of law, any public utility, including any municipal corporation, providing electricity or gas services other than for resale to a customer who is not the owner of the premises serviced by the utility and who has a separate electric or gas meter…

Nothing contained in this chapter shall affect, alter or change the provisions of any city charter with respect to the management, control, and direction of electric, gas, or water works.

Any municipality which shall have received an order from the department of environmental services under the provisions of RSA 147, 485 or 485-A shall proceed forthwith, after a majority vote in favor of such action, by the governing body, to acquire whatever easements and lands a…

Prior to authorizing the expansion of a franchise area of a water company owned or operated by a water village district, the public utilities commission shall, after notice, hold a public hearing in each town or city in which the village district is located, at which it shall hea…

I. In municipalities with public water systems the governing body, or the board of water commissioners, if any, may adopt such ordinances and bylaws relating to the system or structures as required for proper maintenance and operation. II. Any person who violates any ordinance or…

The governing body, or board of water commissioners if any, may assess upon the persons who are served by the water system, or whose lands receive special benefit from the water system, their just share of the expense of constructing, acquiring, and operating the system or paying…

For the defraying of the cost of acquisition, construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of water systems, or construction, enlargement, or improvement of such systems, the governing body, or the board of water commi…

I. The funds received from the collection of water rates shall be kept as a separate and distinct fund to be known as the water fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part o…

The articles of incorporation shall state the name of the authority, the purposes for which it is created, the power, duties, and limitations of the authority and its officers, the method of electing its governing body and officers, and any other matters which such city or town c…

The affairs of the regional transit district shall be governed by a regional transit district board. Following the initial vote of a city or town to join the district, the selectmen, town or city council, or board of aldermen of each member city or town shall appoint members to t…