§ 45-52-12 - Powers of and suits by and against the district.
SECTION 45-52-12
§ 45-52-12 Powers of and suits by andagainst the district. – (a) The district may have a common seal and, in its corporate name, may sue andbe sued, prosecute, and defend, in any court and elsewhere, and enjoy all theother powers generally incident to corporations.
(b) The district may take, purchase, and hold real estate andpersonal estate, and alienate and convey that real and personal estate, andsubject to limitations contained in this chapter, may borrow money and incurindebtedness. All real and personal estate held by the district and not usedfor commercial purposes is exempt from all taxation. The district may hold realestate located outside of the jurisdictional bounds of the district for use ofwells and watershed areas, and establish water lines outside the bounds.
(c) The district may raise, by a tax on real estate, sums ofmoney that are necessary to pay district debts or to defray the charges andexpenses of the district, and pay the sums out of the treasury; provided, thatthe tax is voted at a legal meeting of the voters of the district.
(d) The district may at any legal meeting grant and vote sumsof money that it judges necessary:
(1) For the installation, renewal, replacement, purchasing,and procuring of implements and apparatus, wells, and distribution systems, fora district water system.
(2) For the purpose of supplying the inhabitants of thedistrict with water for fire protection and a domestic water supply for theinhabitants of the district.
(3) For the purpose of providing for the collection anddisposal of garbage.
(4) For the purpose of improving the property of the districtand purchasing additional property.
(5) For the purchase of sites for the erection and repair ofdistrict structures.
(6) For the establishment of water lines, pipes, conduits,hydrants, and other district structures.
(7) For the making and repairing of sidewalks, and cleaningthe streets and public beaches.
(8) For the improvement in any manner it may deem fit of anyproperty belonging to the district.
(9) For the purpose of creating a reserve fund, not to exceedin the aggregate, forty thousand dollars ($40,000) for the extinguishment ofdebts or for the future replacement of property.
(10) For all necessary charges and expenses arising withinthe district, incidental or not, to the district.
(e) The acts, ordinances and bylaws of the district shallcontinue in force until altered or annulled by vote of the district or by law.
(f) No person may commence an action against the district orany of its officers for damage suffered to person or property by reason ofdefect, want of repair of any of the district's property, or by reason ofinjury suffered to person or property by reason of lack of care and diligenceon the part of the district, its officers, or servants, in the performance ofany of the acts authorized in this chapter.
(g) Any elected or appointed water district official,employee, official, or member of the district is entitled to all the rights andbenefits of indemnification, as provided for corresponding elected or appointedofficials, employees, official, or member of a fire district as provided underthe provisions of an act entitled "An act relating to claims against employeesof public bodies... Indemnification" enacted at the January session, 1988, ofthe general assembly, this act being an amendment of § 45-15-16 of chapter15 of title 45 entitled "Actions by and against towns".
(h) Every suit, whether in law or equity, brought by thedistrict, is brought in the name of the district unless otherwise directed bylaw.
(i) All the outstanding notes, indebtedness, and contracts ofthe district shall be paid and fulfilled according to its tenor, and alldistrict works authorized to be prosecuted shall be prosecuted, and allindebtedness authorized to be incurred on account may be incurred, according tothe tenor of the authority.
(j) The district may also borrow money from time to time forthe preceding purposes, and issue its notes or bonds, which shall be bindingupon the district in the same manner as city or town notes or bonds are bindingupon the city or town issuing them, but the district shall not haveoutstanding, at any one time, notes or bonds of a face value of more than oneand one-half percent (1.5%) of the total assessed value of this taxableproperty within the district, but the giving of a new note or bond for apreexisting debt, or for money borrowed and applied to the payment of thepreexisting debt, is excepted from the provisions of this section, and theamount of any sinking fund shall be deducted in computing the indebtedness.
(k) The district may enter into agreements with the towns ofWesterly, Charlestown, and South Kingstown or other corporations from time totime, in relation to the supply of water to the district.
(l) The district may, from time to time, make and ordain allordinances, bylaws, and regulations for the district, not repugnant to lawwhich it may deem necessary for the preservation of the health of itsinhabitants; prevention and abatement of nuisances; for the promotion ofcleanliness; to prevent the indecent exposure of anyone bathing in any of thewaters within the district; for the care and management of parks and groundsbelonging to the district; for the control and regulation of parking of motorvehicles on property belonging to the district and in other places within thedistrict in cooperation with the authorities of the town of Charlestown; andgenerally, all other ordinances, managing, and directing of the affairs of thedistrict not repugnant to the laws of the state and to the ordinances of thetown of Charlestown.
(m) The district may impose penalties for the violation ofordinances, bylaws, and regulations, not exceeding in the amount of one hundreddollars ($100) or imprisonment not exceeding ten (10) days, for any offense,unless other penalties, or penalties within other limits, are especiallyprescribed by the statutes of the state, to be prosecuted before the districtcourt of the fourth division by some officer appointed for that purpose, and tobe received to the use of the district.
(n) The district may appoint all necessary officers for theexecution of its ordinances, bylaws, and regulations; may define their dutiesand fix their compensation; and may relieve any officers at pleasure.