Escolar Documentos
Profissional Documentos
Cultura Documentos
Ward 9
Expires: April 1, 2020
(Vice-Martha Cruciani-resigned)
Ward 9
Expires: Jan 1, 2020
(Re-appointment)
Committee Report: (Appointments):
Action:
Moved by:
Seconded by:
Vote:
2. Mark P. McKenney
22 Eleventh Avenue
Warwick, RI 02886
Ward 6
(Vice-Attillio Iacobucci)
Moved by:
Seconded by:
Vote:
SEWER BOARD OF REVIEW
1.
Carter Thomas
39 Noyes Street
Warwick, RI 02886
Ward 7
(Re-appointment)
Jonathan Pratt
85 Hawthorne Avenue
Warwick, RI 02886
Ward 6
(Re-appointment)
Carol Pratt
29 Chapmans Avenue
Warwick, RI 02886
Ward 7
(Re-appointment)
Maxwell R. Pounder
18 South Fair Street
Warwick, RI 02888
Ward 1
(Re-appointment)
Action:
Moved by:
Seconded by:
Vote:
3.
Barry OBrien
9 Globe Street
Warwick, RI 02886
Ward 8
(Re-appointment)
UNFINISHED BUSINESS
1. PCO-24-14 Tax payments (Councilman Ladouceur)
Committee Report: (Finance)
FIRST PASSAGE
Not Drafted
2.
3.
Seconded by:
Vote:
5. PCR-24-15 Amendments to Enabling Act WSA
(Councilman Ladouceur)
Committee Report: Intergovernmental
Action:
Moved by:
Seconded by:
Vote:
6. PCR-36-15 Bid Number 2015-216 Fire Alarm Upgrades
(Councilwoman Vella-Wilkinson)
Committee Report: Finance
Action:
Moved by:
Seconded by:
Vote:
NEW BUSINESS
1. PCO-10-15 Acceptance of Tax Payment a/o date of Post Mark
(Councilman Merolla)
Committee Report: Intergovernmental
FIRST PASSAGE
Action:
Moved by:
Seconded by:
Vote:
Motion to Adjourn:
Vote:
Time:
Next available numbers: PCR-44-15
PCO-14-15
CLAIMS DOCKET
FOR PUBLIC SAFETY
April 6, 2015
1. Gavin Hausman
35 Bugbee Avenue
Warwick, RI 02889
Claim: Pothole on Jefferson Blvd. damaged the R/F tire, stabilizer link, strut and also
alignment.
Estimates:
New England Tire
Melvins
Tire
Pros
Balise
$319.51
$253.94
$297.30
MOVED BY:
SECONDED BY:
VOTE:
2. Jutta Card
815 Tiogue Avenue
Coventry, RI 02816
Claim: Left side mirror, left quarter and left bumper of vehicle damaged due to collision
with Engine 5.
Estimates:
Ray
Stewarts
Inc.
Dent Pros
East Coast Collision
$1,687.19
$1,886.04
$1,956.66
MOVED BY:
SECONDED BY:
VOTE:
$2,426.08
MOVED BY:
SECONDED BY:
VOTE:
$250.78
$160.00
MOVED BY:
SECONDED BY:
VOTE:
5. Jason Lonergan
116 Lansing Avenue
Warwick, RI 02888
Claim: Pothole on Atlantic Avenue damaged rear shock and shock mount.
Estimates: Harrys
Auto
Monroe Muffler/Brake
Tasca
$270.00
$514.57
$239.83
MOVED BY:
SECONDED BY:
VOTE:
6. Kim Ferentinos
65 Red Chimney Drive
Warwick, RI 02886
Claim: Pothole on Diamond Hill Road damaged F/R tire and rim.
Estimates: Town Fair Tire
Midas
Pep Boys
$676.96
$385.58
$628.05
MOVED BY:
SECONDED BY:
VOTE:
7. Clare Hird
219 Oak Tree Avenue
Warwick, RI 02886
Claim: Pothole on Long Street EB damaged the R/F tire and rim.
Estimate:
$185.50
$330.49
$446.69
MOVED BY:
SECONDED BY:
VOTE:
8. Stephen Maaz
51 Montcalm Road
Warwick, RI 02889
Claim: Pothole on Leon Whipple Road damaged right front tire and front and rear rims.
Estimates:
Tarbox Toyota
Tarbox Toyota
J&S Auto Repair
Balise
$569.15
$590.15
$573.26
$1,078.95
MOVED BY:
SECONDED BY:
VOTE:
9. Samantha Lillie
9 Bernard Drive
Coventry, RI 02816
Claim: Front left headlight and fender of vehicle damaged by plow.
Estimates:
$1,960.35
$2,536.00
$1,460.73
MOVED BY:
SECONDED BY:
VOTE:
$967.33
$1407.10
$1874.95
MOVED BY:
SECONDED BY:
VOTE:
$255.43
$1653.86
$160.96
MOVED BY:
SECONDED BY:
VOTE:
$230.97
MOVED BY:
SECONDED BY:
VOTE:
$554.53
$555.25
$576.40
$634.95
MOVED BY:
SECONDED BY:
VOTE:
Reliable Appraisal
Affordable Auto Body
$1375.93
$1373.11
MOVED BY:
SECONDED BY:
VOTE:
Time Started:
Time Ended:
1.
Action:
Moved by:
Seconded by:
Vote:
Chair Person:
Member:
Member:
Time Started:
Time Ended:
Action:
Moved by:
Seconded by:
Vote:
2.
Action:
Moved by:
Seconded by:
Vote:
3.
Action:
Moved by:
Seconded by:
Vote:
4.
Action:
Moved by:
Seconded by:
Vote
5.
Action:
Moved by:
Seconded by:
Vote:
6.
Action:
Moved by:
Seconded by:
Vote:
7.
Action:
Moved by:
Seconded by:
Vote:
Time Started:
Time Ended:
Councilwoman Usler
Councilman Ladouceur
Councilman Colantuono
Time Started:
Time Ended:
1. Appointments Requiring Confirmation
Zoning Board of Review
1. Donald Morash
14 Chevy Court
Warwick, RI 02886
Ward 9
Expires: Jan 1, 2020
(Re-appointment)
Committee Report: (Appointments):
Action:
Moved by:
Seconded by:
Vote:
2. Mark P. McKenney
22 Eleventh Avenue
Warwick, RI 02886
(Vice-Attillio Iacobucci)
Ward 6
Expires: Jan 1, 2016
Carter Thomas
39 Noyes Street
Warwick, RI 02886
Ward 7
(Re-appointment)
Jonathan Pratt
85 Hawthorne Avenue
Warwick, RI 02886
Ward 6
(Re-appointment)
Carol Pratt
29 Chapmans Avenue
Warwick, RI 02886
(Re-appointment)
Ward 7
Expires: April 1, 2018
Maxwell R. Pounder
18 South Fair Street
Warwick, RI 02888
(Re-appointment)
Ward 1
Expires: April 1, 2018
Barry OBrien
9 Globe Street
Warwick, RI 02886
(Re-appointment)
Ward 8
Expires: April 1, 2018
CONSENT CALENDAR
BIDS FOR
April 6, 2015
PCR-37-15
BID:
3. 2015-244 Purchase of One (1) 2015 or Newer Model High Compaction Rear-Loader Sanitation Vehicle (Rebid)
COMMITTEE REPORT (FINANCE):
ACTION:
MOVED BY:
SECONDED BY:
VOTE:
PCO-7-15
CHAPTER 6
BOARDS AND COMMISSIONS
ARTICLE IV:
BOARD OF PUBLIC SAFETY
No.....................................
Date.................................
Approved............................................................................Mayor
Be it ordained by the City of Warwick:
Section I. Chapter 6 Article IV of the Code of Ordinances of the City of Warwick is hereby
amended to add the following:
Sec. 6-72. Permits: Concealed Carry Weapons.
(a) Preamble: R.I.G.L. 11-47-11 establishes the standards for local municipalities to issue
Concealed Carry Weapons (CCW) permits; and as qualified applicants are law abiding citizens
trained and certified in the use of firearms they must be treated with dignity and respect as they
engage in the legal right to seek said permit; while the Board of Public Safety has the power to
regulate the issuance of CCW permits for the City of Warwick, it is critical to ensure procedures
and standards are not imposed in an overly broad or arbitrary manner; Warwick residents and
business owners who meet the criteria set forth by the State of RI must be ensured a timely, fair
and consistent process to apply for a CCW permit through our municipal licensing authority; in
an effort to promote transparency in government, avoid any misunderstandings, and protect
applicants right to due process, applicants who are denied a CCW permit must be notified of the
reason(s) for disapproval in a timely, written manner; and some inconsistencies in the processing
of CCW permits have provided a general impression that the City of Warwick may periodically
engage in illegal gun control practices in contradiction to R.I.G.L. 11-47-11.
(b) The Warwick Board of Public Safety shall adhere to the following procedures in considering
the application and issuance of CCW permits:
1. The Warwick Board of Public Safety (a.k.a. The Board), as the licensing authority for
the City of Warwick is charged with issuing Concealed Carry Weapons (CCW) permits.
Individuals must be twenty-one (21) years of age or older to apply for a CCW permit and
meet the following criteria:
b. Have a bona fide residence or place of business within the City of Warwick
verified by either the Warwick Board of Canvassers, Warwick Department of
Taxation or the Warwick Chief of Police, or
c. Have a bona fide residence within the United States and a license or permit to
carry a pistol or revolver concealed upon his or her person issued by the
authorities of any other state or subdivision of the United States.
2. Per R.I.G.L. 11-47-11, The Board shall issue a permit to an applicant to carry a pistol or
revolver concealed upon his/her person everywhere within this state for four (4) years
from date of issue. This permit shall not contain any restrictions, however State and
from date of issue. This permit shall not contain any restrictions, however State and
Federal law shall still apply. The permit shall be issued to the applicant if
a. It appears that the applicant has good reason to fear an injury to his or her person
or property, or
b. The applicant has any other proper reason for carrying a pistol or revolver, and
c. He or she is a suitable person to be so licensed.
3. An applicant is not required to present a purpose or need beyond what is called for in
R.I.G.L. 11-47-11. For the purpose of applications to The Board under R.I.G.L. 1147-11 Self defense shall constitute a proper reason as required by statute. No line of
questioning by The Board during the interview process will call for speculation as to how
the applicant may alter his or her actions to negate the request/use of a CCW permit.
4. The Board will review the completed application along with three letters of reference and
a Background Criminal Investigation (BCI) within 60 calendar days of receipt. Letters of
reference shall only be required for new, not renewal, permit applications. Applicants are
required to appear before The Board for a personal interview. The specific reason(s) for
denying a CCW permit must be provided in writing by registered mail within 10 business
days of conducting the interview or the permit shall be automatically issued.
5. Legitimate reasons for an applicant to be deemed unsuitable to be licensed are as follows:
a. Be ineligible to possess a firearm by virtue of having been convicted of a felony.
b. Have been committed, either voluntarily or involuntarily, for the abuse of a
controlled dangerous substance, or been found guilty of, or entered a plea of
guilty or nolo contendere to a misdemeanor under RI General laws or similar laws
of any other state relating to a controlled dangerous substance within a five-year
period immediately preceding the date on which the application is submitted, or
be presently charged under indictment or a bill of information for such an offense.
c. Found guilty of, or entered a plea of guilty or nolo contendere to operating a
vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily,
for treatment as an alcoholic, within the five-year period immediately preceding
the date on which the application is submitted, or at any time after the application
has been submitted.
d. Entered a plea of guilty or nolo contendere to or been found guilty of a crime of
violence, including domestic abuse, at the misdemeanor level, unless five years
have elapsed since completion of sentence or any other conditions set by the court
have been fulfilled, or unless the conviction was set aside and the prosecution
dismissed, prior to the date on which the application is submitted.
e. Been convicted of, have entered a plea of guilty or nolo contendere to, or be
charged under indictment or a bill of information for any crime of violence or any
crime punishable by imprisonment for a term of one year or greater.
f. Is a fugitive from justice.
g. Released from active or reserve duty from the Armed Forces of the United States
with a discharge characterized as Bad Conduct Discharge, or a Dishonorable
Discharge. In the case of Commissioned Officers and Warrant Officers of the
United States Armed Forces, the punishment of Dismissal rendered subject to a
verdict of guilty at a trial by military court-martial is deemed to be
disqualifying under this paragraph. For the purposes of this Paragraph, the United
disqualifying under this paragraph. For the purposes of this Paragraph, the United
States Coast Guard is considered an Armed Force.
i. Be ineligible to possess or receive a firearm under 18 U.S.C. 922(g).
j. Had a permit revoked by The Board within four years prior to the most recent
application.
6. Notwithstanding any other chapter or section of the general laws of the state of Rhode
Island, The Board shall not provide or release to any individual, firm, association or
corporation the name, address, or date of birth of any person who has held or currently
holds a license or permit to carry a concealed pistol or revolver. This section shall not be
construed to prohibit the release of any statistical data of a general nature relative to age,
gender and racial or ethnic background nor shall it be construed to prevent the release of
information to parties involved in any prosecution of 11-47-8 or in response to a lawful
subpoena in any criminal or civil action which the person is a party to that action.
7. Warwick ordinance 40-1(19) Disorderly Conduct is the prevailing law for those
individuals issued a CCW permit unless circumstances necessitates the gun owner to no
longer keep his or her weapon concealed.
Section II. This Ordinance shall take effect upon passage and publication as prescribed by law
SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON
COMMITTEE:
PUBLIC SAFETY
PCO-10-15
CHAPTER 74
TAXATION
ARTICLE I. IN GENERAL
No.....................................
Date.................................
Approved............................................................................Mayor
Be it ordained by the City of Warwick:
Section I. Chapter 56 of the Code of Ordinances of the City of Warwick is hereby amended to
add the following:
Sec. 74-4. Processing of tax payments.
All payments of taxes received by mail shall be credited to a taxpayers account as of the
date of the United States Postal Service postmark on the envelope containing the payment.
Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.
COMMITTEE:
ORDINANCE
PCO-11-15
CHAPTER 18
FEES
No.....................................
Date.................................
Approved............................................................................Mayor
Be it ordained by the City of Warwick:
Section I. Chapter 8 of the Code of Ordinances of the City of Warwick is hereby amended to
add the following:
Sec. 18-10. - Building permit fees.
(a) A permit to begin work for new construction, alteration, removal, demolition or other
building operation shall not be issued until the fees prescribed in this section shall have been paid
to the department of building inspection or other authorized agency of the city, nor shall an
amendment to a permit necessitating an additional fee because of an increase in the estimated
cost of the work involved be approved until the additional fee shall have been paid.
(b) Schedule of permit fees: Building permit fees are to be based on the valuation of the current
construction cost as follows:
Valuation Method
Residential Valuation Formula
$30.00
$30.00 plus $10.00 for each $1,000.00 over $1,001.00 and not over
$10,000.00
10,001.0020,000.00 $130.00 plus $6.00 for each $1,000.00 over $10,001.00 and not over
$20,000.00
20,001.0030,000.00 $190.00 plus $7.00 for each $1,000.00 over $20,001.00 and not over
$30,000.00
30,001.0040,000.00 $260.00 plus $8.00 for each $1,000.00 over $30,001.00 and not over
$40,000.00
40,001.0050,000.00 $340.00 plus $9.00 for each $1,000.00 over $40,001.00 and not over
$50,000.00
50,001.00100,000.00 $430.00 plus $7.00 for each $1,000.00 over $50,001.00 and not over
$100,000.00
100,001.00
$780.00 plus $8.00 for each $1,000.00 over $100,001.00 and not over
500,000.00
$500,000.00
500,001.00 and over
$3,980.00 plus $9.00 for each $1,000.00 over $500,001.00
(c) Special fees [shall be as follows]:
(1) Reinspections .....$25.00
(2) Demolitions .....75.00
(3) Late applications .....150.00
(d) Plan review fee. In addition to the fees listed in subsection (b) of this section, a plan review
fee, at the discretion of the building inspector, shall be paid, at the time of application, whenever
any application for a building permit is made for work valued at $50,000.00 or more. This fee
shall be equal to one-third of the permit fee calculated in accordance with the schedule of permit
fees listed in subsection (b) of this section, but in no case shall such fee exceed $2,000.00. If for
any reason the fees listed in subsection (b) of this section are not paid within six months from the
date of application, plan review fees provided for in this subsection shall be forfeited to the city.
$500
or
less
$ 30
$13,000
$ 148
$500
or
less
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
$11,000
$12,000
$
30
$
40
$
50
$
60
$
70
$
80
$
90
$
100
$
110
$
120
$
130
$
136
$
142
$13,000
$14,000
$15,000
$16,000
$17,000
$18,000
$19,000
$20,000
$21,000
$22,000
$23,000
$24,000
$25,000
$
148
$
154
$
160
$
166
$
172
$
178
$
184
$
190
$
197
$
204
$
211
$
218
$
225
$25,001
to
$50,000
$225
plus
$8
for
each
$1,000
over
$25,001
and
not
over
$50,000
$50,001
to
$100,000
$425
plus
$7
for
each
$1,000
over
$50,001
and
not
over
$100,000
$100,001
to
$250,000
$775
plus
$6.5
for
each
$1000
over
$100,001
and
not
over
$250,000
$250,001
to
$500,000
$1625
plus
$6
for
each
$1000
over
$250,001
and
not
over
$500,000
$500,001
and
over
$3250
plus
$5.5
for
each
$1000
over
$500,001
Signs:
Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.
SPONSORED BY: COUNCILMAN COLANTUONO
COUNCIL PRESIDENT TRAVIS
COUNCILWOMEN VELLA-WILKINSON
On behalf of MAYOR AVEDISIAN
COMMITTEE:
ORDINANCE
PCO-13-15
CHAPTER 56
PURCHASING
No.....................................
Date.................................
Approved............................................................................Mayor
Be it ordained by the City of Warwick:
Section I. Chapter 56 of the Code of Ordinances of the City of Warwick is hereby amended to
add the following:
Sec. 56-6. Exception to Notice Requirement.
In any case where compliance with the provisions of this chapter relative to newspaper
publication and posting of notices would work to the disadvantage of the city or would prevent a
purchase or contract award in time to avoid or alleviate a public emergency, then purchases and
contracts may be made without the public notices and newspaper publication provided for, in the
following manner:
(1) The purchasing agent may make such awards within the monetary limits herein
provided, upon his/her certification to the city clerk council that in his/her opinion the
award must be so made, and stating therein the particulars of the public emergency or
prospective disadvantages upon which his/her opinion is based. The city clerk purchasing
agent shall present send such certifications to the city council at the next regular or
special meeting of the council following his/her receipt of the same by email at the time
of making such awards.
(2) The city council may make such awards for purchases and contracts in excess of
$2,500.00 upon the affirmative vote of six council members at any regular or special
meeting on the question of the existence of the public emergency or prospective
disadvantage to the city.
Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.
SPONSORED BY: COUNCILMAN COLANTUONO
COMMITTEE:
ORDINANCE
PCR-24-15
THE CITY OF WARWICK
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
RESOLUTION OF THE CITY COUNCIL
NO................................. DATE......................................
APPROVED....................................................................MAYOR
RESOLUTION TO THE GENERAL ASSEMBLY SUPPORTING
AMENDMENTS TO THE ENABLING ACT FOR
THE WARWICK SEWER AUTHORITY
Resolved that,
WHEREAS, the health, safety and welfare of the citizens of the City of Warwick are
matters of paramount importance to the City Council; and
WHEREAS, the Warwick Sewer Authority (WSA) desires to make improvements in the
manner and methods used to provide wastewater collection and treatment service to the City of
Warwick, especially with respect to sewer assessments for new sewer construction; and
WHEREAS, the WSA is limited to certain means and methods under its current enabling
legislation; and
WHEREAS, the WSA believes that changes to the enabling legislation are warranted for
the purposes of modernizing and clarifying its language as well as addressing issues that the
WSA is trying to resolve in a fair and equitable manner; and
WHEREAS, the Warwick City Council supports the amendments to the enabling
legislation for the WSA as set forth in the document attached hereto.
NOW THEREFORE, BE IT RESOLVED the Warwick City Council hereby endorses the
amendments to the enabling legislation for the Warwick Sewer Authority as set forth in the
document attached hereto.
The City Clerk is hereby directed to forward a copy of this Resolution to the
Senators and Representatives from the City of Warwick.
This Resolution shall take effect upon passage.
SPONSORED BY: COUNCILMAN LADOUCEUR
COMMITTEE:
INTERGOVERMENTAL
PCR-42-15
THE CITY OF WARWICK
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
RESOLUTION OF THE CITY COUNCIL
NO................................. DATE......................................
APPROVED....................................................................MAYOR
surviving relative in cases where there is no surviving spouse would reduce the prestige our
State wanted to bestow upon the military recipients and their spouses as well as denigrate the
award of the medal to the status of a club that family members could join through secondary
linkage and is an insult to the history of the Order of the Purple Heart.
NOW THEREFORE, BE IT RESOLVED the Warwick City Council is in firm opposition
to the passage of Senate Bill 2015 S 0071 and House Bill 2015 H5362.
.
The City Clerk is hereby directed to forward a copy of this Resolution to the Senators and
Representatives from the City of Warwick.
This Resolution shall take effect upon passage.
INTERGOVERMENTAL
PCR-09-15
CITY OF WARWICK
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
RESOLUTION OF THE CITY COUNCIL
NO: ______________________
APPROVED: ________________________________________________MAYOR
DATE: ________________________________________
RESOLVED, That The City Council of the City of Warwick as required by the provisions of
Sections 6-11 and 6-12 of the City Charter and the Ordinance relative to competitive bidding on
purchase enacted there under hereby and herewith approves the acceptance of the following
bid(s):
Bid
#
Name
2015
Purchase & Install 3
Handicap Door Openers at
140
Pilgrim Senior Center
Vendor(s)
Name/Address
New England School
Services, Inc.
98 Hicks Ave.
Medford, MA 02155
Contract Contract
Note Code
Period Award
$5,888.00
AND BE IT FURTHER RESOLVED, That such purchase or contract be awarded to the lowest
responsible bidder.
APPROVED VERSION
(8-1 vote of City Council Sewer Review Commission, 3/23/15)
Sec. 2.1. - Authority to plan, etc., sewage works; definitions; bonding authorized;
3
4
5
6
7
8
9
10
The city of Warwick is authorized and empowered, in accordance with the provisions
of this act, to plan, lay out, construct, finance, operate and maintain sewage works for a part
or the whole of its territory and for such purposes to take by eminent domain or otherwise
any lands, water rights, rights-of-way, or easements, public or private, in said city necessary
for accomplishing any purpose mentioned in this act. Such sewage works may include
sewers and sewer service connections, pumping stations, sewage treatment works, sewage
disposal works, and other works essential to the proper collection, treatment, and disposal of
the sewage of said city.
11
12
13
14
15
16
Cesspool means any buried chamber other than an on-site wastewater treatment
system (OWTS), including, but not limited to, any metal tank, perforated concrete vault or
covered hollow or excavation, which receives discharges of sanitary sewage from a building
for the purpose of collecting solids and discharging liquids to the surrounding soil.
17
18
19
20
"Common sewer" means a sewer in which all abutters have equal rights of entrance
and use.
21
22
23
24
25
26
27
"Cooling water" shall include the clean waste water from air conditioning, industrial
cooling, condensing and similar apparatus and from hydraulically powered equipment. In
general, cooling water will include only water which is sufficiently clean and unpolluted to
admit of being discharged, without treatment or purification, into any natural open stream or
watercourse without offense.
28
29
30
"Highways" means any state or other highway and any public street, alley, park,
parkway, driveway, bridge or public place.
31
32
33
34
35
36
37
"Industrial wastes" shall include the liquid or water carried wastes of any industrial
process not clearly included within the definitions of sanitary sewage, storm water, cooling
water or seepage or subsoil drainage herein. In general, waste waters carrying any quantity
of oils, grease, fats, abrasives, chemicals, residues of manufacturing processes, wastes from
commercial food preserving or canning, from slaughter houses or meat processing plants,
and similar substances, whether dissolved, in suspension, or mechanically carried by water,
shall be considered as industrial wastes.
38
39
"Land" means and includes any land, including buildings and other improvements
thereon, estate, riparian or other rights, easemensts, interests or waterways.
40
41
"Lateral sewer" means a sewer which does not receive the sewage from any other
common sewer.
42
43
"Main sewer" means a sewer into which the sewage from two or more sub-main
sewers is discharged.
44
45
46
47
48
49
50
Parcel means a part, portion or tract of land and whatever is erected, attached,
growing upon or affixed to the land.
51
52
53
54
"Sewage" shall mean waste water, water carried wastes, or a combination of them,
discharged into and conveyed by sewers or intended or customarily so discharged and
conveyed. Sewage may be further classified as sanitary or industrialfollows:.
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"Sanitary sewage" shall mean the common waste water and water carried wastes
from human dwellings and from toilet and lavatory fixtures, kitchen, laundries and similar
facilities of business and industrial buildings. In general, sanitary sewage shall not include
storm water from roofs, yards, streets or open spaces, water from land surfaces or brooks,
clean waste or overflows from springs, wells, or subsoil drainage, large volumes of clean
water from air conditioning or other cooling or condensing facilities, clean waste water from
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hydraulically operated contrivances and those wastes included within the definition of
"industrial waste" next following.
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"Industrial wastes" shall include the liquid or water carried wastes of any industrial
process not clearly included within the definitions of sanitary sewage, storm water, cooling
water or subsoil drainage herein. In general, waste waters carrying any quantity of oils,
grease, fats, abrasives, chemicals, residues of manufacturing processes, wastes from
commercial food preserving or canning, from slaughter houses or meat processing plants,
and similar substances, whether dissolved, in suspension, or mechanically carried by water,
shall be considered as industrial wastes.
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"Seepage" or "subsoil drainage" shall include water from the soil percolating into
subsoil drains and through foundation walls, basement floors, or underground pipes or from
similar sources.
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Sewer Assessment means the rate or charge for the construction of the sewers and
sewer systems set by a method(s) adopted by the authority that bears a reasonable relation
to the costs of construction to the city and authority of the service rendered to the users,
including but not limited to costs related to engineering, inspections, land purchases, paving,
and financing.
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"Storm water" shall include the runoff or discharge of rain and melted snow or other
clean water from roofs, surfaces of public or private landsparcels or elsewhere. For most
purposes within the scope of this ordinance, storm water shall not include the flow of any
natural brook, rivulet or stream even if the source of such water is storm runoff from land
parcels, land or other property once that runoff has entered the channel of such brook or
natural watercourse. In general, storm water shall include only water which is sufficiently
clean and unpolluted to admit of being discharged, without treatment or purification, into any
natural open stream or watercourse without offense.
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"Sub-main sewer" means a sewer into which the sewage from two or more lateral
sewers is discharged.
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Undeveloped means any parcel of land which has not been built upon or otherwise
lacks inhabitable buildings or structures.
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User Charges means rates, charges and/or fees levied on the users of the
wastewater collection and treatment system related to the costs of operation, maintenance,
repair and replacement of the wastewater collection and treatment system.
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The City of Warwick may provide for the construction of sewers and for other sewage
works for said city and may raise funds therefor by borrowing or otherwise, and for that
purpose may issue bonds or notes for the city in accordance with the provisions hereinafter
stated or under other authority.
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The sewer authority shall provide that annualuser charges shall be made upon the
owners of the landsparcels using the sewageer works and that sewer assessments shall be
made upon the owners of lands parcels for which the use of sewage works is available. The
sewer authority may further provide that connect capable charges shall be made upon
connect capable property parcel owners whose property parcel is abutting on that portion of
any highway in which a common sewer is laid, while said parcelproperty remains
unconnected to the city's sewage workssystem. The receipts from annualuser charges,
sewer assessments and connect capable charges shall be appropriated for and applied to
the payment of the charges and expenses incident to the planning, construction, financing,
operation, maintenance, repair, renewal and replacement costs of the sewage works, and to
the payment of principal and interest costs for any bonds or notes issued or outstanding for
the sewage works, and any deficiency of said receipts in any year for said purposes shall be
made by the city tax pending the authority in the next fiscal year eliminating said deficiency
and reimbursing the city for any moneys advanced through the increasing of the rates
established for annualuser charges and/or connect capable charges.
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(P.L. 1962, ch. 254, 1; P.L. 1988, ch. 479, 1; P.L. 1991, ch. 86, 1; P.L. 1998, ch. 39, 1(1))
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appointment, and Iin the month of January preceding the expiration of the term of each of
said the authoritys members, the mayor shall appoint one (1) member to succeed the
member whose term will next expire to hold office for the term of five (5) years from the first
day of February next after his appointment and until his successor is appointed and qualified
in the same manner as provided in the original appointment for such term. In case any
person appointed as a member of said authority shall decline to serve or neglect to qualify
within ten (10) days after his appointment, or a vacancy shall occur in said authority for any
other cause, the mayor, within thirty (30) days shall appoint some person to fill such vacancy
for the unexpired term in the same manner as provided in the original appointment for such
term. A person holding any other office of emolument or profit under the government of the
city shall not be eligible to membership on the authority and if any member of said authority
shall accept any such office or shall remove from the city, his place on the authority shall
immediately become vacant. The members of the authority shall be severally sworn to the
faithful performance of their duties under this act. They shall elect from among their
members a chairman and a secretary at the first meeting after the organization and upon the
appointment of any new member for a full term and shall fill any vacancy that may occur in
either office from any cause. A majority of the members of the authority shall constitute a
quorum for the transaction of business. The mayor may remove any member of the authority
from office for cause shown after a hearing before the city council of which such member
shall be given seven (7) days' notice in writing.
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The mayor, with the advice and consent of the city council, shall fix the compensation
of the members of the authority and shall annually appropriate a sum sufficient to pay the
same together with a sum sufficient for office expenses.
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The authority appointed by the provisions of this section, until the remaining sections
of this act take effect upon acceptance by referendum as further provided herein, shall have
the following interim powers and duties:
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The authority shall review the sewer survey (Facilities Plan) in order to develop
procedures for the implementation of the general sewer program and to conduct preliminary
studies in order to execute the administrative details contained in this act.
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(a)
The planning and programming of the various phases of the sewer project,
and
(b)
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(c)
An establishment and exercise of a public information program.
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The members of the authority and their duly authorized agents may enter upon any
premises within the city to examine, inspect or survey the same, whenever necessary for the
performance of their duties under this act.
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(P.L. 1962, ch. 254, 2; P.L. 1988, ch. 479, 2; P.L. 1991, ch. 86, 2)
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Cross reference For salary of members of sewer authority, see 64-5 of the Code of Ordinances.
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estimates.
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Without in any way limiting the authority of said the city to provide sewers anywhere
within the territorial limits of the city, the sewer authority, with the advice and consent of the
mayor, may authorize the construction, maintenance, and operation of sewage works from
time to time in different areas or sections of the city. The authority shall proceed to prepare
construction plans, specifications and cost estimates of sewage works for the city, or any
portion thereof, allowing the streets and highways in which the sewers will be placed and the
location of other sewage works to be placed outside of the street and highway limits. The
authority shall also prepare, or have prepared, a report describing the proposed sewage
works and a complete estimate of costs therefor.
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When such plans, specifications, report and estimates are completed or at other
times in the development stages, they the authority shall cause to be held a public hearing
pursuant to the authoritys rules and procedures. Notice of the hearing shall be published in a
public newspaper having circulation in the City of Warwick at least five (5) days prior to the
hearing.
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The finance director, with the consent of the mayor and a requisition approvedsigned
by a majority of the authority and signed by the authoritys chairman, shall appropriate a sum
sufficient to pay the cost of preparing the plans, specifications, report and estimates provided
for in this section, to be expended by the authority, and to be paid by the city treasurer upon
vouchers approved by the mayor and a majority of the authority and the finance director, and
the city treasurer shall repay the treasury any sums so expended whenever sewer bonds or
notes are issued as hereinafter provided.
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the compensation of such consulting engineers, legal advisers, and other professional
experts, and such other employees as it may find necessary and may discontinue the
employment of any or all such employees.
(P.L. 1962, ch. 254, 3; P.L. 1988, ch. 479, 3; P.L. 1991, ch. 86, 3)
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Upon the completion of a public hearing of the plans, specifications, reports and
estimates as provided in section 3 [2.3] hereof, the sewer authority, with the advice and
consent of the mayor, shall proceed as soon as may be practicable to carry out construction
work contemplated by the plans aforesaid. The authority, with the advice and consent of the
mayor, shall be vested with full authority to construct sewage works for said the city and to
make for and on behalf of the city all necessary contracts for construction and for the
purchase of property. , The authority may purchase any supplies and equipment for the
construction, operation and maintenance of any sewage works. All work, supplies, materials
and equipment required by the authority in connection with the construction of the sewage
works shall be procured by contract made pursuant to and in manner required by the
provisions hereof.. For all contracts involving more than five thousand dollars ($5,000),
except in the case of legal services, the services of consulting engineers and other
professional services, said the authority shall not issue purchase orders without obtaining the
prior consent of the mayor and thereafter filing a monthly report of such contracts and
purchase orders with the mayor and city council. The operation, maintenance and repairation
of said the sewage works shall be vested in the authority.
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The authority, with the advice and consent of the mayor, may from time to time
employ and fix the compensation of such professional engineers, legal advisors, surveyors,
draftsmen, clerks, and other employees as it may find necessary for the construction,
operation, maintenance and repair of said the sewage works, and may at any time
discontinue the employment of any or all such employees subject to compliance with the
rules and regulations of the city's personnel administration. The authority shall cause to be
kept a record of all its accounts and proceedings and an accurate account of all its
transactions, and shall annually, and at such other times as directed by the mayor or the city
council, report to the mayor and city council its doings and make a report in detail of its
financial accounts. The authority shall keep minutes of all its proceedings showing the vote
of each member upon each question or if such member be absent or fails to vote, indicating
such fact; and shall keep records of its examinations and of other official actions, all of which
shall be filed and shall be a public record.
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(P.L. 1988, ch. 479, 4; P.L. 1991, ch. 86, 4; P.L. 1998, ch. 39, 1(4))
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Section 1 of ch. 39 of the Public Laws of 1998 deleted former 2.52.7 in their entirety.
Formerly, said sections pertained to authority authorized to borrow up to four million,
issuance of bonds, notes, terms and conditions of bond, notes, disbursement of
funds; authority to issue temporary notes for temporary borrowing; and serial bonds
or notes generally, and derived from P.L. 1962, ch. 254, 57; P.L. 1988, ch. 479,
5, 6; and P.L. 1991, ch. 86, 5.
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The authority, with the advice and consent of the mayor, shall prescribe just and
equitable sewer assessment rates on account of the construction costs, to be levied against
owners of property parcels abutting on that portion of any highway in which a common sewer
is laid under this act and also rates of annualuser and connect capable charges on account
of operation and maintenance costs, renewal and replacement funding and the cost of
principal and interest for any bonds or notes issued for sewage works, to be levied against
owners of property parcels which areis or could be connected to a common sewer.
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Such assessments, annualuser and connect capable charges herein referred [to]
shall be paid by every property parcel owner or institution whose parcelproperty is or can be
connected to the city sewage works, in a manner prescribed by the authority, with the
approval of the mayor and the finance director.
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Notwithstanding the foregoing, the authority shall have discretion tomay defer sewer
assessments against parcels of land that are undeveloped or not underdeveloped to the
extent permissible by City zoning ordinances provided that such parcels remain subject to
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assessment upon the earlier to occur of either, (i) development or redevelopment of such
parcels in accordance with the authoritys rules and regulations. of land; or (ii) twenty (20)
years from the date of initial assessment. Similarly, tThe authority shall have discretion
tomay defer sewer assessments against any parcels, of land if the owner of such a parcel,
within seven (7) years of the date of the sewer assessment, has installed a new OWTSseptic
system within twenty (20) years of sewer service initially becoming operational, provided that
such parcel shall remain subject to assessment and shall begin paying such assessment at
twenty (20) least seven (7) years from the date of the installation of the OWTS or upon
connection to the sewer system, whichever occurs firstinitial assessment.
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The sewer assessments herein referred to shall be paid by every property parcel
owner or institution whose property parcel is abutting on that portion of any highway in which
a common sewer is laid under this act or is connected to the city's sewage works. In the case
of property connected to the City's sewage works where that property is not abutting on any
highway in which a common sewer is laid, the property will be assessed in the same manner
as if the common sewer were abutting the highway to which the property is connected in a
manner consistent with this Act.
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Sewer assessments shall be levied at a uniform rate based upon the finalestimated
cost of constructing all sewers, sewer service connections and other sewage works
belonging to the city. Sewer assessment revenues shall be used for the payment of the
principal and interest costs for any bonds or notes issued for sewage works.
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AnnualUser charges shall be levied upon every property parcel owner or institution
whose property parcel is connected to the city's sewage system. The charnge will be
computed based upon water consumption or other factors deemed equitable by the sewer
authority. The annualuser charge shallshould be set at a level sufficient to support operation
and maintenance costs of the sewer system and the wastewater treatment plant, the renewal
and replacement fund and the principal and interest for any bonds or notes issued for
sewage works. The revenues to be raised by annualuser charges will be reduced by
revenues generated by sewer assessments and connect capable fees.
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Connect capable charges may be levied in lieu of user charges upon every
parcelproperty owner or institution whose property parcel is abutting on that portion of any
highway in which a common sewer is laid while said property parcel is not connected to the
aforementioned sewerage system, but is capable of doing so. The charge will be established
at a level determined by the sewer authority to recover an equitable portion of the principal
for any bonds or notes issued for sewerage works and renewal and replacement funding,
and shall be subject to consent by the mayor and the Warwick City Council.
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The authority shall annually certify to the finance director and to the mayor all the
charges and sewer assessments made by it under the authority of this act. Each charge or
assessment made by said the authority pursuant to this act shall be a lien upon the parcels,
lands, buildings and improvements upon which it is made in the same way and manner as
taxes assessed on real estate, but such liens shall not expire until the charge or assessment
with all interest, costs and penalties thereon is paid in full, and, if the charge or assessment
is not paid as required, it shall be collected in the same manner that taxes assessed on real
estate are by law collected. The finance director, after receiving a list of charges or
assessments under this act, shall forthwith, at the expense of the authority, send to each
person assessed or charged notice of the amount of his assessment or charge. The notice
shall substantially identify the person assessed, state the amount of the assessment or
charge and refer to the remedy available under section 19 [2.19] of this act. The notice shall
be mailed postpaid and directed to the last known address of the person assessed. If there
are persons whose addresses are unknown, a similar notice covering the assessments
against such persons shall be published in a newspaper of general circulation in the city and
such published notice may be a single collective notice for all such persons. No irregularity in
the notice required by this section shall excuse the nonpayment of the assessment or charge
or affect its validity or any proceedings for the collection thereof as long as there is
substantial compliance with the provision hereof. No deficiency in the notice to the person
assessed shall excuse the nonpayment by others of the assessment or charges assessed
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against them or affect the validity thereof or any proceedings for the collection thereof. The
finance director shall without further warrant collect such charges and assessments in the
same manner as the regular taxes of the city may be payable. Interest at the rate per annum
fixed for nonpayment of city taxes shall be charged and collected upon all overdue charges
and assessments from the date they become payable until paid, provided however, that the
total overdue charge for non-payment of installment of sewer assessments shall be applied
to past due installments and not the total assessment; and provided further, that there shall
be no penalty on installment assessments deferred by reason of income subject to rules and
regulations that the Warwick City Council may prescribe by ordinance.
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The authority with the advice and consent of the mayor may at any time cancel
modify in whole or in part any charge or assessment to the extent the authority determines
such charge or assessment to have been improperly imposed.
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(P.L. 1962, ch. 254, 9; P.L. 1988, ch. 479, 9; P.L. 1991, ch. 86, 9; P.L. 1998, ch. 39, 1(9))
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works or to the extension thereof. At the end of a fiscal year, if the finance director
determines that the revenues referred to above as well as prior year fund balances were not
sufficient to cover operation and maintenance costs, renewal and replacement funding and
principal and interest for any bonds or notes issued for sewage works, thereby creating
insufficient end of year balances, charge shall be adjusted in the next fiscal year to assure
sufficient balances in the sewer fund. If the receipts from said charges and assessments
amount in any year to more than will be required for the aforesaid purposes, the surplus shall
be added to the receipts of the next succeeding year.
(P.L. 1962, ch. 254, 10; P.L. 1988, ch. 479, 10; P.L. 1998, ch. 39, 1 (10))
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at intersections of roads.
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The owner of a lot of land irregular in shape or which is unduly above or below grade
or which for any reason is deemed to be inequitably assessed under this act, in the event
such an assessment is made, may appeal to the sewer board of review as hereinafter
provided in section 19 [2.19] of this act. The authority, with the advice and consent of the
mayor, may notwithstanding an appeal, on its own initiative, adjust the sewer assessment on
such a lot or exempt such a lot from assessment.
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Where a lot is located at the intersection of two streets or highways in which sewers
have been constructed, the sewer assessment on such lot shall be made only for the sewer
in the street or highway in which the assessment would be greater.
(P.L. 1962, ch. 254, 12; P.L. 1991, ch. 86, 12)
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cemeteries.
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All lands parcels in said the city held by religious corporations, and on which are
located buildings used solely for the purpose of holding religious services therein, and all
lands parcels in said the city held by cemetery corporations and used solely for cemetery
purposes, shall be exempt from the payment of any and all sewer assessments for the
construction of sewage works made in pursuance of the provisions of this act and according
to the sewer authoritys rules and regulations, so long as such lands parcels shall be held
and used solely for such purposes; provided, that all such assessments made on such
parcelslands for the construction of sewage works under the provisions of this act shall be
and remain for thirty (30) years a lien on saidthe lands parcels and the improvements
thereon without interest, and the said city may enforce for collection of saidthe assessments
whenever saidthe lands parcels or any portion thereof shall be abandoned for from saidthe
above-listed purposes, in the same manner as other sewer assessments under this act are
collected or enforced; and provided,. further, that any such assessment may be adjusted in
the manner and for any of the reasons prescribed in section 12 [2.12] of this act.
(P.L. 1962, ch. 254, 13; P.L. 1988, ch. 479, 13)
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The sewer authority with the advice and consent of the mayor on behalf of the city
may acquire by agreement, purchase or condemnation such land or right or easement in
land as may be necessary for the purposes of this act. Whenever the authority desires to
take any such land or right or easement in land by condemnation, it shall file with the city
clerk a plat, description, and statement of such land or right or easement in land to be taken
and a statement that such land or right or easement in land is taken pursuant to the
provisions of this act.
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Upon the recording of said plat, description and statement in the office of the city
clerk, the land or right or easement in land defined in such plat, description and statement to
the extent and according to the nature of the interest therein taken, shall vest in the city and
shall be subject to the use of the authority for the purposes of this act, and said authority may
thereupon enter upon and enjoy the rights, interests and easements taken as aforesaid; and
after the filing of such plat, description and statement, notice of such taking shall be served
upon the owners of and persons having an estate in and interested in such land by any
police officer of the City of Warwick leaving a true and attested copy of such description and
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statement with each of such persons personally, or at their land and usual place of abode in
this state with some person living there, and, in case any of such persons are absent from
the state and have no last [land] and usual place of abode therein occupied by any person,
such copy shall be left with the persons, if any, in charge of or having possession of such
land of such absent persons, and another copy thereof shall be mailed to the address of
such absent persons if the same is known to said officer; and after the filing of such
description and statement, the city clerk of said city shall cause a copy of such description
and statement to be published in some newspaper or newspapers published or circulated in
said city at least twice a week for three successive weeks; and if any party shall agree with
said authority for the price of the rights, interests or easement so taken, the same shall be
paid to him forthwith by said authority.
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The authority with the advice and consent of the mayor shall have general authority
to represent the city and to make any agreements for said city under the authority of this
section and to do, with the advice and consent of the mayor, any acts or things necessary or
incidental to executing settlements and agreements, and shall have authority to agree with
the owner for the price of land so taken and the same shall be paid by the city treasurer out
of the proceeds of bonds or notes issued hereunder or other funds made available for the
purpose, upon vouchers approved by the majority of the authority and the finance director.
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Any owner of or person entitled to any estate in or interested in any part of the land in
which such fee, rights, interests or easements are so taken who cannot agree with said city
or authority for the price of such fee, rights, interests or easements so taken in which he/she
is interested as aforesaid, may, within one year from the filing of the plat, description and
statement referred to in this section of this act, apply by petition to the superior court in and
for the county of Kent, setting forth the taking of such fee, rights, interests or easements in
his land and praying for an assessment of damages by a jury. Upon the filing of said petition
the said court shall cause twenty days' notice of the pendency thereof to be given to said city
by serving the mayor of said city with a certified copy thereof, and may proceed after such
notice to the trial thereof; and such trial shall determine all questions of fact relating to the
value of such fee, rights, interests or easements and the amount thereof, and judgment shall
be entered upon the verdict of such jury and execution shall be issued therefor.
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In case any owner of or person having an estate in or interested in such land shall
fail to receive personal notice of the taking as aforesaid, and shall fail to file the petition as
provided in this section, said court in its discretion may permit the filing of such petition
subsequent to said period of one year from the filing of such description and statement;
provided, such person shall have no actual knowledge of the taking of such fee, right,
interest or easement in season to file such petition.
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If any lands, or any fee, rights, interests or easements therein, in which any infant or
other person not capable in law to act in his own behalf is interested, are taken by said
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authority under the provisions of this act, said superior court, upon the filing therein of any
such petition by or in behalf of such infant or other person, may appoint a guardian ad litem
for such infant or other person, and such guardian may appear and be heard in behalf of
such in fact [infant] or other person; and such guardian may also, with the advice and
consent of said superior court, may prescribe, release to said city or authority all claims for
damages for the fee, rights, interests or easements in the lands of such infant or other
person. Any lawfully appointed, qualified and acting guardian of the estate of any such infant
or other person, with the approval of the court of probate within this state having jurisdiction
to authorize the sale of lands within this state of any such infant or person, may, before the
filing of any such petition, agree with said authority upon the amount of damages suffered by
such infant or other person by any such taking and may, upon receiving such amount,
release to said city or authority all claims of damages of such infant or other person for such
taking.
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Any damages assessed as the result of petition to the superior court shall be paid by
the city treasurer from the proceeds of bonds or notes issued hereunder or other funds made
available for the purpose upon vouchers approved by the mayor and the majority of the
authority and finance director, provided, however, that nothing in this act shall authorize the
authority to condemn any portion of the land or right-of-way of any railroad, street, railway or
other public service company, except for the purpose of crossing the same below grade and
of building and maintaining necessary manholes at such crossing in such manner as not to
render unsafe, or to impair the usefulness of such land or right-of-way for railroad or street
railway purposes or the purposes of such other public service company. If said authority and
such railroad, street, railway or other public service company are unable to agree as to the
method of the construction and maintenance of such sewer and manholes at any such
crossing, either party may apply to the division of public utilities for a determination thereof,
and, after hearing, such sewer and manholes shall be constructed and maintained in such
method and manner as may be ordered by said division. Either party aggrieved by such
order of said division may appeal to the supreme court.
528
529
530
531
Prior to any taking hereunder, the authority shall provide specific funds for payment
of compensation, the use of such funds for such purpose shall be a fixed obligation of the
city, and, notwithstanding anything to the contrary herein, the full faith and credit of the city
shall be deemed pledged to pay such compensation.
532
533
534
535
536
537
(P.L. 1962, ch. 254, 14; P.L. 1988, ch. 479, 14; P.L. 1991, ch. 86, 14)
538
539
540
541
542
543
544
545
546
547
advice and consent of the mayor, on such terms as may be mutually agreed upon between
them with reference to the construction, maintenance, operation and the utilization of sewage
works belonging to the city and authority or any other city or town or municipal agency in this
state and the State of Rhode Island or any quasi-public agency in this state; and the
authority with advice and consent of the mayorcity may likewise contract with any other city
or town or municipal agency or the State of Rhode Island or any quasi-public agency in this
state with regard to the disposition of sewage from sewage works belonging to any of said
cities or towns or municipal agency or the State of Rhode Island. or any quasi-public agency
in this state
(P.L. 1962, ch. 254, 15; P.L. 1991, ch. 86, 15)
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
The sewer authority, after notice and a public hearing, and the advice and consent of
the mayor, is authorized from time to time to prescribe rules and regulations relative to the
regulation of, construction of, use of, discharge of substances into and connections to the
sewage works, and assessment of properties abutting a sewer line, determining the method
of sewer assessments and the rate of interest for sewer assessment installment payments.
These rules and regulations shall cover the restriction of storm waters, wastes which may or
may not be discharged into the sewer system, the requirement for the property parcelowner
or sewer user to provide protective devices prior to discharge, sampling wells to determine
strength of wastes, flow measuring devices, pretreatment facilities and any other requirement
to provide proper protection and control of the use of the sewerage system and sewage
treatment facilities. Such rules or regulations adopted after a public hearing shall be filed with
the city clerk. Any person violating any rule or regulation prescribed by the authority under
the authority of this act shall be fined not exceeding five thousand dollars ($5,000) for each
violation, and not exceeding five thousand dollars ($5,000) for each additional day that any
such violation shall continue, as may be prescribed by the authority, and shall also be liable
in an action of the case for all damages caused to the city or to any person by any such
violation.
567
568
569
570
571
The authority shall establish rules and regulations to allow for temporary
hardship waivers for those parcel owners that demonstrate undue hardship as defined
in the WSA regulations. The authority shall also establish an incentive program for
connecting to the sewer system. The City Council may at any time appropriate funds
to support these programs.
572
(P.L. 1962, ch. 254, 16; P.L. 1988, ch. 479, 16; P.L. 1991, ch. 86, 16; P.L. 1998, ch. 39, 1 (16))
573
574
575
576
(a)
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
The sewer authority with the advice and consent of the mayor in the interest of public
health and safety is authorized to order any abutting owner or occupant of land any
parcel upon any street in which there is a sewer or in which a sewer may hereafter
be constructed, to connect the sewage of such premises with such sewer, and to
order any owner or occupant to fill up and destroy any cesspool, privy vault, drain or
other arrangement on such land parcel for the reception of sewage. Upon the service
of any such order, or copy thereof, upon any such owner or occupant, to connect the
sewage as aforesaid, or to fill up or destroy any cesspool, privy vault, drain or other
arrangement for the reception of sewage, such owner or occupant shall comply
therewith within thirty (30) days from the time of service of such order. In case the
owner or occupant to whom any such order is directed shall neglect or refuse to
comply therewith within thirty (30) days after the service thereof upon him/her, he/she
shall be fined not less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) for each subsequent twenty-four (24) hours during which
he/she shall neglect or refuse to comply therewith and in case such neglect or refusal
shall continue for sixty (60) days after the service of such an order, the authority may
cause such cesspool, privy vault, drain or other arrangement for the reception of
sewage which is the subject of such order to be filled up and destroyed and the
sewage from such parcelland to be connected with a common sewer. The pendency
of any appeal from any such order shall not affect the power of the authority, after the
expiration of said period of sixty (60) days, to cause such cesspool, privy vault, or
other arrangement for the reception of sewage to be forthwith filled up and
destroyed.
600
601
602
603
604
605
606
607
608
609
610
Whenever the authority shall cause any cesspool, privy vault, or other arrangement
for the reception of sewage to be filled up and destroyed, or the sewage of any land parcel to
be connected with a common sewer, it shall keep careful account of the cost of such work
and of any expense caused the city or authority by reason of the neglect or refusal of the
owner or occupant of such land parcel to comply with the order of the authority issued as
aforesaid, and upon the completion of such work the authority shall file statement of such
cost and expense with the director of finance and thereupon the amount of such cost and
expense shall be a lien upon the landparcel, including improvements thereon, for which such
cost and expense was incurred and the same shall be collected in the same manner as other
assessments and charges are collected under this act.
611
612
(b)
Mandatory connection to sewer prior to sale or transfer. Any abutting owner or
occupant of land any parcel upon any street in which there is a sewer must connect
the sewage of such premises with such sewer and fill up and destroy any cesspool,
privy vault, drain or other arrangement on such land parcel for the reception of
sewage, excluding any Rhode Island department of environmental management
OWTSISDS approved system, prior to the one year anniversary of the sale or
transfer in ownership. If such abutting owner or occupant of land any parcel who is
required to connect to the sewage system fails to do so in the prescribed time period,
then such abutting owner or occupant of land the parcel shall be required to pay
usage fees as if such abutting owner or occupant of land the parcel were connected
to the sewage system.
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
(c)
(P.L. 1962, ch. 254, 17; P.L. 1988, ch. 479, 17; P.L. 1991, ch. 86, 17; P.L. 2006, ch. 369, 17, P.L.
2012, ch. 260 17)
Sec. 2.18. - Plat of sewer declared public record for assessment purposes.
Whenever a common sewer is constructed under the provisions of this act, the sewer
authority shall cause a plat of the layout of the same and of the estates abutting upon that
portion of the highway in which the sewer is laid to be filed in the office of the city clerk,
which thesaid plats are hereby declared to be public records for the determination of the
description of the estate assessed for construction of sewage works.
(P.L. 1962, ch. 254, 18; P.L. 1988, ch. 479, 18)
639
640
and procedure.
641
642
643
644
There shall be a sewer board of review which shall consist of three (3) members
appointed by the Mayor with approval of the city council. The members first appointed shall
serve for terms of 1, 2 and 3 years respectively and thereafter one member shall be
appointed in each year for a term of three years.
645
646
647
Within 60 days after mailing of notice of an assessment or charge under section 2.9
or within 30 days after giving or mailing of notice of an order under section 2.17, any person
aggrieved by such assessment, charge or order may appeal to the sewer board of review.
648
649
The sewer board of review shall keep an accurate record of its proceedings which
shall be available for public inspection.
650
651
652
653
654
655
656
657
658
The board shall review the authoritys decision to ensure that the authoritys decision
complies with the provisions of this Act and the rules and regulations promulgated
thereunder. If the board determines that such an assessment, charge or order is
unwarranted was made in violation of the express provisions of this Act, either in whole or in
part, it shall annul or modify the same and make such order as justice may require.
Otherwise it shall affirm the same. Within 30 days after the decision of the sewer board of
review, any party aggrieved, which may includeing the sewer authority, may appeal to the
superior court. which shall have the same powers to annul, modify, enter further orders or
affirm as the sewer board of review.
659
660
661
The city council shall provide by ordinance for the organization of procedure of the
sewer board of review. and for the manner of receiving, considering and disposing of
appeals.
662
663
664
Cross reference For salary of members of sewer board of review, see 64-5 of the Code of
665
666
Ordinances.
667
not limited to proposed annual budgets, rate increases, and for the adoption of rules and
668
regulations. The authority shall develop regulations for public hearings to include notice
669
670
671
672
673
674
675
676
677
678
679
680
Editor's note
Section 1 of ch. 39 of the Public Laws of 1998 deleted former 2.20 and 2.21 in their
entirety. Formerly, said sections pertained to submission of question of authority to
issue sewer bonds to the voters; and duties of secretary of state with regard to
election on bond authorization, and derived from P.L. 1962, ch. 254, 21; and P.L.
1962, ch. 258, 1.
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
act any funds from the United States of America or aid in any form under any and all acts
and joint resolutions of congress already enacted or which may be enacted, and upon such
terms and conditions as may be required by the proper federal authorities.
(P.L. 1962, ch. 254, 22)
Section 1 of ch. 39 of the Public Laws of 1998 deleted former 2.25 in its entirety. Formerly,
said section pertained to the effective date of the act, and derived from P.L. 1962, ch.
254, 25; and P.L. 1988, ch. 479, 25.
698
699
700
This legislation shall become effective upon passage. The WSA shall adopt rules and
regulations within one (1) year thereafter in accordance with this act.
701
702
703
704
705
706
707
FOOTNOTE(S):
(4)
Editor's note The Warwick Sewer Authority was created by P.L. 1962, ch. 254. Subsequent
amendments which are substantive in nature are reflected in the history notes following each section, as
well as in the Charter Comparative Table. (Back)
708
PCR-36-15
CITY OF WARWICK
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
RESOLUTION OF THE CITY COUNCIL
NO:
APPROVED: ________________________________________________MAYOR
DATE: ________________________________________
RESOLVED, That The City Council of the City of Warwick as required by the provisions of
Sections 6-11 and 6-12 of the City Charter and the Ordinance relative to competitive bidding on
purchase enacted there under hereby and herewith approves the acceptance of the following
bid(s):
Bid
#
Name
Vendor(s)
Name/Address
Contract Contract
Note
Code
FY
Period Award
$294,800.00
AND BE IT FURTHER RESOLVED, That such purchase or contract be awarded to the lowest
responsible bidder.
PCR-40-15
THE CITY OF WARWICK
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DATE..................................
APPROVED...............................................................................MAYOR
RESOLUTION REQUESTING THAT THE HEALTHCARE ACTUARY
ADDRESS THE WARWICK CITY COUNCIL
Resolved that,
WHEREAS, the health, safety and welfare of the citizens of the City of Warwick are
matters of paramount importance to the City Council; and
WHEREAS, the City Council is concerned about the long term cost of providing health
insurance coverage to retired city employees; and
WHEREAS, the cost of providing health insurance coverage has been steadily rising and
continues to rise; and
WHEREAS, the City Council desires that the Citys healthcare actuary address the City
Council at one of its scheduled meetings about the status of the Citys liability for providing
health insurance coverage to retired city employees.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby requests that the
Mayor arrange for Citys healthcare actuary to address the City Council at one of its scheduled
meetings in the near future about the status of the Citys liability for providing health insurance
coverage to retired city employees.
The City Clerk is hereby directed to forward a copy of this Resolution to the Mayor.
This Resolution shall take effect upon passage.
INTERGOVERNMENTAL
PCR-41-15
THE CITY OF WARWICK
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DATE..................................
APPROVED...............................................................................MAYOR
RESOLUTION REQUESTING THE WARWICK PUBLIC LIBRARY DIRECTOR TO
ADDRESS THE WARWICK CITY COUNCIL
Resolved that,
WHEREAS, the health, safety and welfare of the citizens of the City of Warwick are
matters of paramount importance to the City Council; and
WHEREAS, the City Council appoints the Trustees of the Warwick Public Library; and
HEREAS, the City Council recently learned that the Warwick Public Library hired a
W
new Director; and
WHEREAS, the City Council desires that the new Director of the Warwick Public
Library make an introductory presentation to the City Council about his plans, goals and
objectives for the Warwick Public Library.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby requests that the
new Director of the Warwick Public Library make an introductory presentation to the City
Council about his plans, goals and objectives for the Warwick Public Library at the City Council
meeting on April 13, 2015.
he City Clerk is hereby directed to forward a copy of this Resolution to the new
T
Director of the Warwick Public Library.
This Resolution shall take effect upon passage.
INTERGOVERNMENTAL