§ 45-62-3 - Power of councils.
SECTION 45-62-3
§ 45-62-3 Power of councils. – (a) The council of any city or town is authorized and empowered to establish byordinance one or more dam management districts within the city or town; if theneed for the management of a dam or dams is multi-municipal, a multi-municipaldam management district may be established by the concurrent adoption of anordinance by the city or town councils of the municipalities in which the dammanagement district will be located. The ordinance shall set forth theboundaries of the district, provide for the governance and administration ofthe district, and require for annual reporting by the district, as a minimum,to each city and town with area within the district and the department ofenvironmental management.
(b) Except as restricted or limited by ordinance, a dammanagement district shall have the power to:
(1) Provide for entry of city, town, state or districtofficials in a manner equivalent to the provisions of § 23-27.3-112.0,onto private property within the district when necessary for the periodicinspection, maintenance and/or repair of dams and appurtenant facilities;
(2) Provide for the supervision, control, maintenance, repairand/or reconstruction of dams, including activities relating to dam removal;
(3) Establish a public education program to educate newresidents and update members of the district on new information or proceduresfor proper maintenance and operation of dams and the implications for failingto operate and maintain dams in a manner that meets generally accepted damsafety practices;
(4) Raise and expend funds for the administration,operations, contractual obligations, and services of the district, and fix andcollect rates, fees, and charges within the district for the provision of dammanagement services by the district;
(5) Employ staff, counsel, and consultants as necessary tocarry out the functions of the district and purposes of this chapter;
(6) Acquire, hold, use, sell, transfer and lease real orpersonal property, and to own, operate, maintain, repair, improve any propertyacquired;
(7) Apply for, contract for, receive, and expend grants andloans for the maintenance, repair, removal and/or reconstruction of dams, andfor other activities authorized by this chapter; and
(8) Adopt a common seal, sue and be sued, and enjoy thepowers generally incident to corporations.
(c) Any dam owned and furnished by any municipality, waterdistrict, fire district or any other municipal or quasi-municipal corporationthat is regulated as a water supplier by the Rhode Island public utilitiescommission under chapter 1 of title 39 and subject to the provisions of chapter15.6 of title 46 shall be exempt from the provisions of this chapter.
(d) With respect to the towns of Burriville and Glocester,collection of Dam Management District fees shall be in the same manner asprovided by law for the collection of taxes by municipalities and the collectorof fees for the said Management District shall, for the purposes of collectingfees assessed by said Management District, have the same powers and authorityas are by law conferred on collection of taxes for towns in the state.