Chapter
048
2007 -- H 5265
Enacted 06/15/07
A N A C T
RELATING TO THE
PAWTUCKET WATER SUPPLY BOARD
Introduced By: Representatives Silva, Vaudreuil, O`Neill, E Coderre, and Kilmartin
Date Introduced: January
31, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. The city of Pawtucket by and through the Pawtucket water supply board, as
an
agency and enterprise fund of the city of Pawtucket, and the city of Central
Falls, a lawfully
established
municipality in the state of Rhode Island, are desirous of entering into an
agreement
whereby
the city of Central Falls will convey all right title and interest in its water
distribution
system
– identified generally as all water distribution pipes, hydrants, transmission
mains and all
appurtenances
thereto located in the city of Central Falls – to the city of Pawtucket.
Following
the
aforementioned transfer, it shall be the responsibility of the city of
Pawtucket, by and through
the
Pawtucket water supply board, its successor or assigns, to operate and maintain
the water
distribution
system in the city of Central Falls, and to continue providing water to the
city of
Central
Falls and its citizens as has been done in the past.
In
recognition thereof, the city of Pawtucket, the Pawtucket water supply board
and the
city of
Central Falls recognize and acknowledge that the city of Pawtucket's purchase
and future
operation
and maintenance of the water distribution system located in the city of Central
Falls
will be
in all respects for the benefit of the city of Central Falls, its citizens, and
the state of
Rhode
Island for the increase of their commerce, maintenance, general prosperity and
for the
improvement
of their health, safety, welfare, and living conditions.
As
the acquisition, construction, operation and maintenance of the water
distribution
system
in the city of Central Falls by the city of Pawtucket and the Pawtucket water
supply board
constitutes
the performance of essential governmental functions, should the city of Central
Falls
and the
city of Pawtucket effectuate the transfer contemplated herein, neither the city
of
Pawtucket,
nor the Pawtucket water supply board, shall be required to pay to the city of
Central
Falls,
nor shall the city of Central Falls be required to pay to the city of Pawtucket
or the
Pawtucket
water supply board or their successor or assigns, any property taxes, franchise
fees,
tangible
taxes or any other taxes, fees or assessments upon the water distribution
system located
in the
city of Central Falls acquired by the city of Pawtucket or upon the income from
the sale of
water
by the Pawtucket water supply board in the city of Central Falls or upon its
maintenance
and
operation of the water distribution system, or any other municipal or local tax
of any kind or
description,
excepting all fees as designated in the Pawtucket water supply board's approved
tariffs
to be paid by the city of Central Falls for water usage by the city of Central
Falls for
municipal
buildings, municipal property and hydrant fees. Nor shall the city of Central
Falls, the
city of
Pawtucket or the Pawtucket water supply board be required to pay any recording
fee or
transfer
tax of any kind or description.
Further,
and in addition to the powers conferred by Rhode Island general laws section
39-
15-11,
the city of Central Falls may grant to the city of Pawtucket and the Pawtucket
water supply
board
the right to maintain, repair and replace all water distribution pipes,
hydrants, transmission
mains
and all appurtenances thereto included in the water distribution system
transferred by the
city of
Central Falls to the city of Pawtucket.
SECTION
2. This act shall take effect upon passage.
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LC00685
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