Title 39, Title 39 Utilities and Carriers

Whenever any property or estate or rights of property shall be taken under the provisions of this chapter for either of the purposes described in § 39-15-2 or § 39-15-3, and the person or corporation shall then, or at any time thereafter, be required by the owner of the property,…

The town, person, or corporation taking any property, estate, or right of property under the provisions of this chapter, shall first cause a plat with a description thereof to be made, which, with a certificate of the taking of the property, estate, or right of property, shall co…

Upon the filing of any certificate, the clerk shall forthwith issue a notice to the several persons named in the certificate which shall contain the substance of the certificate, and also a notice of a time and place when the persons may appear in the court and be heard in refere…

At the time mentioned in the notice given under the authority of § 39-15-6, or at such adjournment from the time as the court shall order, the court, after hearing the parties in interest therein who may desire to be heard, shall first adjudge whether the taking of the property, …

Upon the payment of the fees provided in § 39-15-7, the clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested in the report. Any person or party aggrieved by any award of damages by the commissioners may cl…

Whenever the report of the commissioners shall be received by the court and no right of trial by jury shall be claimed thereon, the court shall enter judgment in favor of the several claimants for the damages awarded to them respectively; and so shall enter judgment upon the verd…

As used in this chapter the following definitions shall apply: (1) “Authority” means the corporation created by § 39-16-3. (2) “Board” means the members of the authority. (3) “Bonds” means the bonds, notes, or other obligations issued by the authority pursuant to this chapter. (4…

The authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of its corporate purposes and to secure the payment of the bonds as may be provided in the resolution or resolutions authorizing the bonds. Except as may be otherwi…

(a) The authority is hereby authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the authority for the purpose of paying all or part of the cost to acquire, construct, reconstruct, rehabilitate, improve, or maintain any prope…

Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions that shall be a part of the contract with the holders of the bonds thereby authorized, as to: (1) Pledging all or any part of the money, earnings, income, and revenues derived from al…

It is hereby declared that the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and for the improvement of their health, welfare, and prosperity, and the authority will be performing an essential governmental f…

The authority shall pay annually, having first made provision for the payment of principal and interest on any bonds outstanding and any other charges payable from revenues due in such year as may be provided in the resolution or resolutions authorizing any bonds, in lieu of any …

The state does hereby pledge to and agree with the holders of the bonds, notes, and other evidences of indebtedness of the authority that the state will not limit or alter rights hereby vested in the authority until the bonds, notes, or other evidences of indebtedness, together w…

The bonds are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings…

All money of the authority, from whatever source derived, shall be paid to the treasurer of the authority. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the accounts shall be paid out on check of the treasurer, on requisiti…

The right to alter, amend, or repeal this chapter is hereby expressly reserved, but no such alteration, amendment, or repeal shall operate to impair the obligation of any contract made by the authority under any power conferred by this chapter.

If any section, clause, provision, or term of this chapter shall be declared unconstitutional and ineffective in whole or in part, then to the extent that it is not unconstitutional and ineffective it shall be valid and effective and no other section, clause, provision, or term s…

There is hereby created a district to be known as the Kent County water district, whose boundaries shall be coterminous with the boundaries of Kent County. Notwithstanding any finding by any court to the contrary, the Kent County water district shall be a political subdivision of…

The authority, in addition to any other powers granted in this chapter, has the following powers in order to assist it in setting rates: (1) To conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any…

If the authority shall be dissolved, all funds of the authority, not required for the payment of bonds or other debts of the authority, the disposition of which is not otherwise governed by contracts to which the authority may be party, shall be paid to the towns of East Greenwic…

The authority may, by resolution, authorize the issue from time to time of interest bearing or discounted notes in anticipation of the issue of bonds. Temporary notes issued under this section shall be signed by the chairperson and the treasurer of the authority and shall be paya…

A board to be known as the Kent County Water Authority is hereby created. The powers of the public benefit corporation shall be vested in and exercised by a majority of the members of the board then in office.

(a) The board shall consist of seven (7) members, one member to be appointed by the town council of East Greenwich and two (2) members by the city council of the city of Warwick, and two (2) members each appointed by the town councils of the towns of Coventry and West Warwick. Th…

The chairperson of the board shall be selected by the majority vote of the members of the board. The board shall appoint a secretary and a treasurer, who may or may not be a member of the board, and other employees as may be necessary in its judgment, and fix their compensation. …

Each member of the board shall receive an annual salary not to exceed three thousand dollars ($3,000) per year, and shall be entitled to reimbursement of his or her actual and necessary expenses incurred in the performance of his or her official duties. The salaries, compensation…

No member of the authority shall directly or indirectly engage in any contract or agreement for labor or for the supply of materials for construction or reconstruction of the physical assets of the authority or replacements or additions thereto.

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 dis…

Notwithstanding the proviso contained in the definition of “public utility” in § 39-1-2, chapters 1 — 5 of this title shall apply to the water district created by this chapter and to the governing body thereof, and notwithstanding anything contained in this chapter with respect t…

Any town or city, by vote of the town council or city council, may pass ordinances or make contracts to be executed by its proper officers, granting rights and franchises in, over, or under the streets and highways in the town or city to the corporations, as are provided for in §…

Any grants, whether by ordinance or by contract, may confer upon any corporation created by the general assembly for the purpose of distributing water, or for the purpose of producing, selling, and distributing currents of electricity to be used for light, heat, or motive power, …

Every corporation that shall accept exclusive rights or franchises granted by ordinance or contract under the provisions of this chapter, shall make and render to the treasurer of the town or city granting the same, on or before the thirtieth day of January, April, July, and Octo…

In case any corporation shall do business in more than one town or city, and it shall be unable to ascertain the amount of its gross earnings in each town or city separately from actual accounts kept thereof, its returns of gross earnings to be made as provided in § 39-17-3 shall…

In case any corporation shall neglect to make payment of the quarterly tax as provided in § 39-17-3, the town or city treasurer may collect and recover of the corporation, as other taxes are collectible, double the amount of the special tax shown to be due by the last preceding q…

No corporation which shall acquire exclusive rights or franchises under the provisions of this chapter, shall at any time during the continuance thereof charge for its product, wares, or service, to any town or city or the inhabitants thereof, any greater price than the price act…

The use and enjoyment of all rights and franchises granted under the provisions of this chapter shall be subject to such reasonable rules and regulations and orders, controlling the extent and quality of construction and service to be maintained by the corporation to which such r…

No city or town shall make any charge to any corporation for the use of its streets except under and in accordance with the provisions of this chapter; provided, that any city or town may require that any street railway company shall continue to conform to any existing requiremen…

As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning: (1) “Authority” means the Rhode Island public transit authority created by § 39-18-2, or, if the authority shall be abolished, …

It is hereby found and declared as follows: (1) Rhode Island has had a long and rich legacy of providing public transit services that contribute to the fabric of the state; (2) Public transit continues to evolve and can play increasingly important roles in the future; (3) Public …

All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority may, in the resolution authorizing the bonds or in…

Any holder of bonds issued under the provisions of this chapter, or any of the coupons pertaining thereto, and the trustee under any trust agreement related thereto, except to the extent the rights given in this chapter may be restricted by the trust agreement, may, by civil acti…

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state and for the increase of their commerce, maintenance, and increase of their transportation and general prosperity and for the improvement of their health, welfare,…

Bonds issued by the authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, credit u…

Notwithstanding any of the foregoing provisions of this chapter or any recitals in any bonds issued under the provisions of this chapter, all bonds shall be deemed to be negotiable instruments under the laws of this state.

(a) The authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority, including temporary notes, then outstanding, including the payment of any redemption premium thereon and any interest accrued or t…

The state does hereby pledge to and agree with any person, firm, corporation, or federal agency subscribing to or acquiring the bonds to be issued by the authority that the state will not limit or alter the rights hereby vested in the authority until all bonds at any time issued,…

(a) Whenever the authority acquires transit property facilities under the provisions of this chapter, the authority shall continue the payment of all pensions and retirement allowances under and in accordance with the pension plan in effect at the time of the acquisition. (b) As …