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The City of Warwick Docket of the City Council Regular Business
Meeting
For April 6, 2015
@ Council Chambers Warwick City Hall 3275 Post Road
Warwick, RI 02886 @ 7:00 P.M.
Amended
Donna Travis, President
Roll Call: Time: Salute To The Flag:
Executive Communications
Per PCR 31-15 Mr. Anthony Ferrucci, Finance Director of the
Warwick School Department to brief the City Council on the Status
of the School Dis-tricts Finances General Communications -
A. Acceptance of minutes from council meetings held on: 1. March
9, 2015 2. March 16, 2015
1. Announcement of Appointments
Land Trust Commission 1. Timothy Twohig
235 Love Lane Warwick, RI 02886 Ward 9 Expires: April 1, 2020
(Vice-Martha Cruciani-resigned)
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2. 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 Ward 6
(Vice-Attillio Iacobucci) Expires: Jan 1, 2016
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
TOURISM ADVISORY BOARD 1. Sue Gallogly Director of Sales and
Marketing
Courtyard by Marriott 55 Jefferson Park Road Warwick, RI 02888
Ward 3 (Vice- Kevin J. Buchanan) Expires: Sept. 1 2015 Committee
Report: (Appointments): Action:
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Moved by: Seconded by:
Vote:
SEWER BOARD OF REVIEW
1. Carter Thomas 39 Noyes Street Warwick, RI 02886 Ward 7
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
2. Jonathan Pratt 85 Hawthorne Avenue Warwick, RI 02886 Ward 6
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote: HISTORIC DISTRICT COMMISSION
1. Carol Pratt 29 Chapmans Avenue Warwick, RI 02886 Ward 7
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
2. Maxwell R. Pounder 18 South Fair Street Warwick, RI 02888
Ward 1 (Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments):
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Action: Moved by: Seconded by:
Vote:
3. Barry OBrien 9 Globe Street Warwick, RI 02886 Ward 8
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote: Consent Calendar
1. PCR- 37-15-Resolution Relative to Bids
(Councilwoman Vella-Wilkinson)
Committee Report: (Finance): Action: Moved by: Seconded by:
2. PCR- 38-15 Resolution Relative to Claims
(Councilman Gallucci)
Committee Report: (Public Safety): Action: Moved by: Seconded
by:
3. PCR-39-15 Resolution Relative to Abatements (Councilwoman
Vella-Wilkinson)
Committee Report: (Finance): Action:
Moved by: Seconded by:
Consent calendar vote:
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UNFINISHED BUSINESS
1. PCO-24-14 Tax payments (Councilman Ladouceur)
Committee Report: (Finance)
FIRST PASSAGE
Not Drafted
2. PCO-07-15 Concealed Weapons (Councilwoman Vella-Wilkinson)
Committee Report: Public Safety FIRST PASSAGE Action: Moved by:
Seconded by:
Vote:
3. PCO-28-14 Food Trucks (Councilwoman Vella-Wilkinson)
Committee Report: Ordinance FIRST PASSAGE Not Drafted
4. PCR-09-15 Bid #2015-140 Purchase and Install 3 Handicap Door
Openers
at Pilgrim Senior Center (Councilwoman Vella Wilkinson )
Committee Report: Finance
Action: Moved by:
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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:
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2. PCO-11-15 New Building Permit Fee (Councilman Colantuono)
Committee Report: Finance
FIRST PASSAGE
Action: Moved by: Seconded by:
Vote:
3. PCO-13-15 Amendment to Section 56-6 of Code of Ordinances
(Councilman Colantuono) Committee Report: Finance
FIRST PASSAGE
Action: Moved by:
Seconded by: Vote: 4. PCR-32-15 Support H-5364 Labor and Labor
Relations
(Councilwoman Vella-Wilkinson) Committee Report:
Intergovernmental Not Drafted
5. PCR-33-15 Opposition of House Bill 5257 Moorings (Council
President Travis, Councilman Colantuono, on behalf of Mayor)
Committee Report: Intergovernmental Not Drafted
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6. PCR-40-15 Requesting Healthcare Actuary appear before Council
(Councilman Merolla) Committee Report: Intergovernmental
Action: Moved by: Seconded by:
Vote:
7. PCR-41-15 Library Admin Presentation and Introduction
(Councilman Solomon) Committee Report: Intergovernmental
Action: Moved by: Seconded by:
Vote:
8. PCR-42-15 Opposition of Senate Bill 2015-S0071 Purple Heart
Vanity Plate (Councilwoman Vella-Wilkinson) Committee Report:
Intergovernmental
Action: Moved by: Seconded by:
Vote:
9. PCR-43-15 Purchase of Rescue Units and related Equipment
(Councilwoman Vella-Wilkinson) Committee Report: Finance Not
Drafted
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FOR REFERRAL AND ADVERTISING
None
Unanimous Consent for April 6, 2015
Motion to Adjourn: Vote: Time: Next available numbers: PCR-44-15
PCO-14-15
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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 $319.51
Melvins Tire Pros $253.94 Balise $297.30 MOVED BY: SECONDED BY:
VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 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. $1,687.19
Dent Pros $1,886.04 East Coast Collision $1,956.66 MOVED BY:
SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________
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3. William J. Horton III 193 Posnegansett Avenue Warwick, RI
02886 Claim: Snow plows damaged 2 12 fences. Estimates: Statewide
Fence Builders $2,426.08 MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 4.
Amanda Medeiros Paulos 157 Hoxsie Avenue Warwick, RI 02889 Claim:
Driving behind plow on Airport Road, something kicked up and hit
windshield. Estimates: Safelite Auto Glass $250.78 Affordable Glass
$160.00 MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 5.
Jason Lonergan 116 Lansing Avenue Warwick, RI 02888 Claim: Pothole
on Atlantic Avenue damaged rear shock and shock mount. Estimates:
Harrys Auto $270.00 Monroe Muffler/Brake $514.57 Tasca $239.83
MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________
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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 $676.96 Midas $385.58 Pep Boys $628.05 MOVED BY:
SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 7.
Clare Hird 219 Oak Tree Avenue Warwick, RI 02886 Claim: Pothole on
Long Street EB damaged the R/F tire and rim. Estimate: Northups
Service Ctr. $185.50 West Shore Collision $330.49 Rebello
Automotive $446.69 MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 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 $569.15 Tarbox Toyota $590.15 J&S Auto
Repair $573.26 Balise $1,078.95 MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________
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9. Samantha Lillie 9 Bernard Drive Coventry, RI 02816 Claim:
Front left headlight and fender of vehicle damaged by plow.
Estimates: Finn Auto Body $1,960.35 National Auto Specialty
$2,536.00 East Coast Collision $1,460.73 MOVED BY: SECONDED BY:
VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 10.
Michael P. Taylor 66 Corin Street Warwick, RI 02886 Claim: R/L
bumper damaged by plow. Estimates: West Shore Collision $967.33
East Coast Collision $1407.10 National Auto Specialty $1874.95
MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 11.
Robert Mattioli 57 Shadow Brook Drive Warwick, RI 02886 Claim:
Pothole on Love Lane damaged the R/F tire. Estimates: Town Fair
Tire $255.43 Treaddepot.com $1653.86 Tirerack.com $160.96 MOVED BY:
SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________
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12. Violet M. Krikorian (registered owner of vehicle) Siran
Krikorian 86 Crest Drive Cranston, RI 02921 Claim: Pothole on
Baycliff Drive near #148 Tire Note: Claimant submitted to State of
RI, who referred him to the Town of East Greenwich because of zip
code 02818. East Greenwich referred to City of Warwick. Estimates:
Town Fair Tire $230.97 MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 13.
Robert Allender 54 Edgemere Avenue Warwick, RI 02889 Claim: Pothole
on Uncas St. Damaged the L/F HUB and bearings and R/R HUB and
bearings, also alignment. Estimates: New England Tire $554.53
Premier Automotive $555.25 Automotive Engineering $576.40 GM
Automotive $634.95 MOVED BY: SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________ 14.
Providence Mutual A/S/O Linda Oliveira PO Box 6056 Providence, RI
02940 Claim: Front bumper damaged by police vehicle. Estimates:
Reliable Appraisal $1375.93 Affordable Auto Body $1373.11 MOVED BY:
SECONDED BY: VOTE:
APPROVED ____________ DENIED _____________ HOLD ___________
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Finance Committee Agenda For
April 6, 2015 @ 5:00 PM
Warwick City Hall 3275 Post Road
Warwick, RI 02886
Chair Person: Councilwoman Vella-Wilkinson Member: Councilman
Gallucci Member: Councilman Colantuono Time Started: Time
Ended:
1. PCR-37-15 Resolution Relative to Bids (Councilwoman
Vella-Wilkinson)
Committee Report: (Finance): Action: Moved by:
Seconded by: Vote:
2. PCR-39-15 Resolution Relative to Abatements (Councilwoman
Vella-Wilkinson)
Committee Report: (Finance): Action:
Moved by: Seconded by:
3. PCO-24-14 Tax payments (Councilman Ladouceur)
Committee Report: (Finance)
FIRST PASSAGE
Not Drafted Action:
Moved by: Seconded by:
4. PCR-09-15 Bid #2015-140 Purchase and Install 3 Handicap Door
Openers at Pilgrim Senior Center (Councilwoman Vella Wilkinson
)
Committee Report: Finance
Action: Moved by: Seconded by:
Vote:
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5. PCR-36-15 Bid Number 2015-216 Fire Alarm Upgrades
(Councilwoman Vella-Wilkinson) Committee Report: Finance
Action: Moved by: Seconded by:
Vote:
6. PCO-11-15 New Building Permit Fee (Councilman Colantuono)
Committee Report: Finance
FIRST PASSAGE
Action: Moved by: Seconded by:
Vote:
7. PCO-13-15 Amendment to Section 56-6 of Code of Ordinances
(Councilman Colantuono) Committee Report: Finance
FIRST PASSAGE
Action: Moved by:
Seconded by: Vote:
8. PCR-43-15 Purchase of Rescue Units and related Equipment
(Councilwoman Vella-Wilkinson) Committee Report: Finance Not
Drafted
Action: Moved by:
Seconded by: Vote:
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Ordinance Committee Agenda For
April 6, 2015 @ 6:00 PM
Warwick City Hall 3275 Post Road
Warwick, RI 02886
Chair Person: Councilman Gallucci Member: Councilman Colantuono
Member: Councilman Ladouceur Time Started: Time Ended:
1. PCO-28-14 Food Truck Permitting and Operation in the City of
Warwick (Councilwoman Vella-Wilkinson)
Committee Report: (Ordinance)
FIRST PASSAGE
Not Drafted
Action: Moved by: Seconded by:
Vote:
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Intergovernmental Committee Agenda For
April 6, 2015 @ 6:20 PM
Warwick City Hall 3275 Post Road
Warwick, RI 02886
Chair Person: Member: Member: Time Started: Time Ended:
1. PCR-24-15 Amendments to Enabling Act WSA (Councilman
Ladouceur)
Committee Report: Intergovernmental
Action: Moved by: Seconded by: Vote:
2. 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:
3. PCR-32-15 Support H-5364 Labor and Labor Relations
(Councilwoman Vella-Wilkinson) Committee Report:
Intergovernmental
Not Drafted
Action: Moved by: Seconded by:
Vote:
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4. PCR-33-15 Opposition of House Bill 5257 Moorings (Council
President Travis, Councilman Colantuono, on behalf of Mayor)
Committee Report: Intergovernmental Not Drafted
Action: Moved by: Seconded by:
Vote
5. PCR-40-15 Requesting Healthcare Actuary appear before Council
(Councilman Merolla) Committee Report: Intergovernmental
Action: Moved by: Seconded by:
Vote:
6. PCR-41-15 Library Admin Presentation and Introduction
(Councilman Solomon) Committee Report: Intergovernmental
Action: Moved by: Seconded by:
Vote: 7. PCR-42-15 Opposition of Senate Bill 2015-S0071 Purple
Heart Vanity Plate (Councilwoman Vella-Wilkinson) Committee Report:
Intergovernmental
Action: Moved by: Seconded by:
Vote:
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Public Safety Committee Agenda April 6, 2015
@ 6:10 PM
Warwick City Hall 3275 Post Road
Warwick, RI 02886
Chair Person: Councilman Gallucci Member: Councilwoman Usler
Member: Councilman Colantuono Time Started: Time Ended: 1. PCR-
38-15 Resolution Relative to Claims
(Councilman Gallucci)
Committee Report: (Public Safety): Action: Moved by: Seconded
by:
2. PCO-7-15 Concealed Carry Weapons (Councilwoman
Vella-Wilkinson)
Committee Report: Public Safety FIRST PASSAGE
Action: Moved by: Seconded by: Vote:
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Appointments Committee Agenda
For April 6, 2015 @ 6:30 PM
Warwick City Hall 3275 Post Road
Warwick, RI 02886
Chair Person: Councilwoman Usler Member: Councilman Ladouceur
Member: 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 Ward 6
(Vice-Attillio Iacobucci) Expires: Jan 1, 2016
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
TOURISM ADVISORY BOARD 1. Sue Gallogly Director of Sales and
Marketing
Courtyard by Marriott 55 Jefferson Park Road Warwick, RI 02888
Ward 3 (Vice- Kevin J. Buchanan) Expires: Sept. 1 2015 Committee
Report: (Appointments): Action: Moved by: Seconded by:
Vote:
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SEWER BOARD OF REVIEW
1. Carter Thomas 39 Noyes Street Warwick, RI 02886 Ward 7
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
2. Jonathan Pratt 85 Hawthorne Avenue Warwick, RI 02886 Ward 6
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote: HISTORIC DISTRICT COMMISSION
1. Carol Pratt 29 Chapmans Avenue Warwick, RI 02886 Ward 7
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
2. Maxwell R. Pounder 18 South Fair Street Warwick, RI 02888
Ward 1 (Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
3. Barry OBrien 9 Globe Street Warwick, RI 02886 Ward 8
(Re-appointment) Expires: April 1, 2018
Committee Report: (Appointments): Action: Moved by: Seconded
by:
Vote:
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CONSENT CALENDAR BIDS FOR
April 6, 2015
PCR-37-15 BID:
1. 2009-280 E. Greenwich Yard Waste Pilot Program COMMITTEE
REPORT (FINANCE):
ACTION: MOVED BY: SECONDED BY: VOTE:
2. 2015-193 State of RI Asbestos Removal COMMITTEE REPORT
(FINANCE):
ACTION: MOVED BY: SECONDED BY: VOTE:
3. 2015-244 Purchase of One (1) 2015 or Newer Model High
Compaction Rear-Loader Sanitation Vehicle (Re-bid)
COMMITTEE REPORT (FINANCE):
ACTION: MOVED BY: SECONDED BY: VOTE:
4. 2015-247 Athletic Field Marking Paint ACTION: MOVED BY:
SECONDED BY: VOTE:
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5. 2015-270 Taser Cartridges and Equipment ACTION: MOVED BY:
SECONDED BY: VOTE:
6. 2015-277 RAE Instrument Certification Course ACTION: MOVED
BY: SECONDED BY: VOTE:
7. 2015-278 FDIC Conference ACTION: MOVED BY: SECONDED BY:
VOTE:
8. 2015-276 State of RI Crack Sealing Limited Access ACTION:
MOVED BY: SECONDED BY: VOTE:
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PCO-7-15THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
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
herebyamended 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 issueConcealed Carry Weapons (CCW) permits; and
as qualified applicants are law abiding citizenstrained and
certified in the use of firearms they must be treated with dignity
and respect as theyengage in the legal right to seek said permit;
while the Board of Public Safety has the power toregulate the
issuance of CCW permits for the City of Warwick, it is critical to
ensure proceduresand standards are not imposed in an overly broad
or arbitrary manner; Warwick residents andbusiness owners who meet
the criteria set forth by the State of RI must be ensured a timely,
fairand consistent process to apply for a CCW permit through our
municipal licensing authority; inan effort to promote transparency
in government, avoid any misunderstandings, and protectapplicants
right to due process, applicants who are denied a CCW permit must
be notified of thereason(s) for disapproval in a timely, written
manner; and some inconsistencies in the processingof CCW permits
have provided a general impression that the City of Warwick may
periodicallyengage 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 consideringthe
application and issuance of CCW permits:
The Warwick Board of Public Safety (a.k.a. The Board), as the
licensing authority forthe 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
andmeet the following criteria:
Have a bona fide residence or place of business within the City
of Warwickverified by either the Warwick Board of Canvassers,
Warwick Department ofTaxation or the Warwick Chief of Police,
orHave a bona fide residence within the United States and a license
or permit tocarry a pistol or revolver concealed upon his or her
person issued by theauthorities of any other state or subdivision
of the United States.
Per R.I.G.L. 11-47-11, The Board shall issue a permit to an
applicant to carry a pistol orrevolver concealed upon his/her
person everywhere within this state for four (4) yearsfrom date of
issue. This permit shall not contain any restrictions, however
State and
1.
b.
c.
2.
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from date of issue. This permit shall not contain any
restrictions, however State andFederal law shall still apply. The
permit shall be issued to the applicant if
It appears that the applicant has good reason to fear an injury
to his or her personor property, or The applicant has any other
proper reason for carrying a pistol or revolver, and He or she is a
suitable person to be so licensed.
An applicant is not required to present a purpose or need beyond
what is called for inR.I.G.L. 11-47-11. For the purpose of
applications to The Board under R.I.G.L. 11-47-11 Self defense
shall constitute a proper reason as required by statute. No line
ofquestioning by The Board during the interview process will call
for speculation as to howthe applicant may alter his or her actions
to negate the request/use of a CCW permit.
The Board will review the completed application along with three
letters of reference anda Background Criminal Investigation (BCI)
within 60 calendar days of receipt. Letters ofreference shall only
be required for new, not renewal, permit applications. Applicants
arerequired to appear before The Board for a personal interview.
The specific reason(s) fordenying a CCW permit must be provided in
writing by registered mail within 10 businessdays of conducting the
interview or the permit shall be automatically issued. Legitimate
reasons for an applicant to be deemed unsuitable to be licensed are
as follows:
Be ineligible to possess a firearm by virtue of having been
convicted of a felony.
Have been committed, either voluntarily or involuntarily, for
the abuse of acontrolled dangerous substance, or been found guilty
of, or entered a plea ofguilty or nolo contendere to a misdemeanor
under RI General laws or similar lawsof any other state relating to
a controlled dangerous substance within a five-yearperiod
immediately preceding the date on which the application is
submitted, orbe presently charged under indictment or a bill of
information for such an offense.Found guilty of, or entered a plea
of guilty or nolo contendere to operating avehicle while
intoxicated, or has been admitted, either voluntarily or
involuntarily,for treatment as an alcoholic, within the five-year
period immediately precedingthe date on which the application is
submitted, or at any time after the applicationhas been submitted.
Entered a plea of guilty or nolo contendere to or been found guilty
of a crime ofviolence, including domestic abuse, at the misdemeanor
level, unless five yearshave elapsed since completion of sentence
or any other conditions set by the courthave been fulfilled, or
unless the conviction was set aside and the prosecutiondismissed,
prior to the date on which the application is submitted.
Been convicted of, have entered a plea of guilty or nolo
contendere to, or becharged under indictment or a bill of
information for any crime of violence or anycrime punishable by
imprisonment for a term of one year or greater. Is a fugitive from
justice.
Released from active or reserve duty from the Armed Forces of
the United Stateswith a discharge characterized as Bad Conduct
Discharge, or a DishonorableDischarge. In the case of Commissioned
Officers and Warrant Officers of theUnited States Armed Forces, the
punishment of Dismissal rendered subject to averdict of guilty at a
trial by military court-martial is deemed to bedisqualifying under
this paragraph. For the purposes of this Paragraph, the United
a.
b.
c.
3.
4.
5.
a.
b.
c.
d.
e.
f.
g.
-
disqualifying under this paragraph. For the purposes of this
Paragraph, the UnitedStates Coast Guard is considered an Armed
Force.
Be ineligible to possess or receive a firearm under 18 U.S.C.
922(g).
Had a permit revoked by The Board within four years prior to the
most recentapplication.
Notwithstanding any other chapter or section of the general laws
of the state of RhodeIsland, The Board shall not provide or release
to any individual, firm, association orcorporation the name,
address, or date of birth of any person who has held or
currentlyholds a license or permit to carry a concealed pistol or
revolver. This section shall not beconstrued 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 ofinformation to parties involved
in any prosecution of 11-47-8 or in response to a lawfulsubpoena in
any criminal or civil action which the person is a party to that
action.
Warwick ordinance 40-1(19) Disorderly Conduct is the prevailing
law for thoseindividuals issued a CCW permit unless circumstances
necessitates the gun owner to nolonger 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
i.
j.
6.
7.
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PCO-10-15THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
CHAPTER 74TAXATION
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
toadd 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.
SPONSORED BY: COUNCILMAN MEROLLA
COMMITTEE: ORDINANCE
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PCO-11-15THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
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
toadd the following: Sec. 18-10. - Building permit fees.(a) A
permit to begin work for new construction, alteration, removal,
demolition or otherbuilding operation shall not be issued until the
fees prescribed in this section shall have been paidto the
department of building inspection or other authorized agency of the
city, nor shall anamendment to a permit necessitating an additional
fee because of an increase in the estimatedcost 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 currentconstruction cost as
follows:Valuation MethodResidential Valuation Formula Cost Per
Square FootMain floor .....$50.00Second floor .....45.00Finished
basement .....20.00Unfinished first or second floor
.....25.00Second floor addition .....50.00Garage .....15.00Enclosed
or screened porch or breezeway .....20.00Second floor addition
.....50.00Open porch .....15.00Deck .....10.00Shed and carport
.....10.002 Story, Slab on GradeSlab on grade .....No fee1st
floorUnfinished/storage .....25.001st floorFinished at a later date
.....20.001st floorFinished at time of application .....45.002nd
floorFinished .....50.00
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2nd floorFinished .....50.00Raised RanchUnfinished
basement/storage .....No feeFinished basement .....20.00Upper level
.....50.00Commercial Valuation Formula: BOCA cost index based on
use and type of construction:December, 1997.Special
inspections:Inspections that are required above the normal required
inspections will be:Residential, per inspection
.....$25.00Commercial, per inspection .....50.00Signs: $10.00, plus
$1.00 per square foot in excess of ten square feetCertificate of
occupancy:Residential .....$25.00Commercial .....50.00Licenses
.....50.00Existing structures (per State Building Code)
.....150.00Permit Fee Schedule
0500.00 $30.00501.0010,000.00 $30.00 plus $10.00 for each
$1,000.00 over $1,001.00 and not over
$10,000.0010,001.0020,000.00 $130.00 plus $6.00 for each
$1,000.00 over $10,001.00 and not over
$20,000.0020,001.0030,000.00 $190.00 plus $7.00 for each
$1,000.00 over $20,001.00 and not over
$30,000.0030,001.0040,000.00 $260.00 plus $8.00 for each
$1,000.00 over $30,001.00 and not over
$40,000.0040,001.0050,000.00 $340.00 plus $9.00 for each
$1,000.00 over $40,001.00 and not over
$50,000.0050,001.00100,000.00 $430.00 plus $7.00 for each
$1,000.00 over $50,001.00 and not over
$100,000.00100,001.00500,000.00
$780.00 plus $8.00 for each $1,000.00 over $100,001.00 and not
over$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 reviewfee, at the discretion
of the building inspector, shall be paid, at the time of
application, wheneverany application for a building permit is made
for work valued at $50,000.00 or more. This feeshall be equal to
one-third of the permit fee calculated in accordance with the
schedule of permitfees listed in subsection (b) of this section,
but in no case shall such fee exceed $2,000.00. If forany reason
the fees listed in subsection (b) of this section are not paid
within six months from thedate of application, plan review fees
provided for in this subsection shall be forfeited to the city.
$500 or less $ 30 $13,000 $ 148
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$500 or less $ 30 $13,000 $ 148$1,000 $ 40 $14,000 $ 154$2,000 $
50 $15,000 $ 160$3,000 $ 60 $16,000 $ 166$4,000 $ 70 $17,000 $
172$5,000 $ 80 $18,000 $ 178$6,000 $ 90 $19,000 $ 184$7,000 $ 100
$20,000 $ 190$8,000 $ 110 $21,000 $ 197$9,000 $ 120 $22,000 $
204
$10,000 $ 130 $23,000 $ 211$11,000 $ 136 $24,000 $ 218$12,000 $
142 $25,000 $ 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: $10 plus $1.00 per sq C in excess of 10 square C
Certicate of Occupancy: ResidenJal $25.00 Commercial $50.00 Special
Fees: Re-inspecJons $25.00 DemoliJons $75.00 Late Apps $250/$500
(perSecJon 8-1 Penalty for failure to obtain building permit of the
Code of Ordinances) ** For projects with a construction value
greater than $100,000.00, one third (1/3) of the estimatedcost of
the building permit fee is due upon submission of the building
permit application. Theremainder of the building permit fee shall
be paid upon the issuance of the building permit. **
Permit Fees based on valuation of current construction
cost**Note** Add .001 x valuation for CE/ADA fee (rounded up)
$50 maximum for residential only Section II. This Ordinance
shall take effect upon passage and publication as prescribed by
law.
SPONSORED BY: COUNCILMAN COLANTUONOCOUNCIL PRESIDENT
TRAVISCOUNCILWOMEN VELLA-WILKINSONOn behalf of MAYOR AVEDISIAN
COMMITTEE: ORDINANCE
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PCO-13-15THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
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
toadd 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 apurchase or contract
award in time to avoid or alleviate a public emergency, then
purchases andcontracts may be made without the public notices and
newspaper publication provided for, in thefollowing manner:
(1) The purchasing agent may make such awards within the
monetary limits hereinprovided, upon his/her certification to the
city clerk council that in his/her opinion theaward must be so
made, and stating therein the particulars of the public emergency
orprospective disadvantages upon which his/her opinion is based.
The city clerk purchasingagent shall present send such
certifications to the city council at the next regular orspecial
meeting of the council following his/her receipt of the same by
email at the timeof 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 specialmeeting on the question of
the existence of the public emergency or prospectivedisadvantage 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 WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
RESOLUTION OF THE CITY COUNCIL
NO.................................
DATE......................................
APPROVED....................................................................MAYOR
RESOLUTION TO THE GENERAL ASSEMBLY SUPPORTINGAMENDMENTS 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 arematters 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 ofWarwick, especially with respect to
sewer assessments for new sewer construction; and
WHEREAS, the WSA is limited to certain means and methods under
its current enablinglegislation; and
WHEREAS, the WSA believes that changes to the enabling
legislation are warranted forthe purposes of modernizing and
clarifying its language as well as addressing issues that theWSA is
trying to resolve in a fair and equitable manner; and
WHEREAS, the Warwick City Council supports the amendments to the
enablinglegislation for the WSA as set forth in the document
attached hereto.
NOW THEREFORE, BE IT RESOLVED the Warwick City Council hereby
endorses theamendments to the enabling legislation for the Warwick
Sewer Authority as set forth in thedocument attached hereto.
The City Clerk is hereby directed to forward a copy of this
Resolution to theSenators 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 WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
RESOLUTION OF THE CITY COUNCIL
NO.................................
DATE......................................
APPROVED....................................................................MAYOR
RESOLUTION TO THE GENERAL ASSEMBLY OPPOSING SENATE BILL
2015 S 0071 AND HOUSE BILL 2015 H 5362 REGARDINGLICENSE PLATES
OF PURPLE HEART RECIPIENTS
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, General George Washington desired to motivate and honor
military
members for "instances of unusual gallantry", "extraordinary
fidelity" and "essential serviceduring the American Revolutionary
War; and
WHEREAS, The Badge of Military Merit, which became the Purple
Heart, is the oldestknown United States military decoration still
in use, was created by General Washington and wasfirst reported by
the Providence Gazette and Country Journal August 31st 1782;
and
WHEREAS, The Purple Heart is conferred upon US combat veterans
for several reasons:wounded on the world's battlefields as a direct
result of hostile enemy action, wounded whileserving our country in
uniform; POWs injured or wounded as a result of individually
directedconflict with or punishment from their captor in violation
of any article of the GenevaConvention Rules of Warfare Concerning
the Treatment of Prisoners of War whether or not thecaptor's
government is a signatory to the Convention; and those
wounded/injured as a directresult of friendly fire during a hostile
encounter, or initiative with, or in response to an enemywhile
engaging with, responding to, or attacking an enemy; and
WHEREAS, United States military medals hold an exalted place in
our society; and
WHEREAS, Military members residing in the State of Rhode Island
who were awardedthe Purple Heart are eligible for a vanity plate
that identifies them as a "Purple Heart" recipient,for which there
is no registration or renewal fee and the vanity plate is cost
free; and
WHEREAS, the veteran who sustained the direct impact of an
action that qualifiedhim/her for being awarded "The Purple Heart"
and the veteran's spouse earned the respect of themilitary
community for "essential service" to the veteran and by extension
to our country, RIGL31-3-48 permits a Purple Heart license plate to
be transferred to a surviving spouse for his/herlifetime or until
that surviving spouse remarries; and
WHEREAS, amending the law to permit transferring the Purple
Heart vanity plate to a
surviving relative in cases where there is no surviving spouse
would reduce the prestige our
-
surviving relative in cases where there is no surviving spouse
would reduce the prestige ourState wanted to bestow upon the
military recipients and their spouses as well as denigrate theaward
of the medal to the status of a club that family members could join
through secondarylinkage 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 oppositionto 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 andRepresentatives from the City of
Warwick.
This Resolution shall take effect upon passage.
SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON
COMMITTEE: 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 ofSections 6-11 and 6-12 of the City Charter and the
Ordinance relative to competitive bidding onpurchase enacted there
under hereby and herewith approves the acceptance of the
followingbid(s):
Bid
# NameVendor(s)
Name/AddressContractPeriod
ContractAward Note Code
2015
-140
Purchase & Install 3Handicap Door Openers at
Pilgrim Senior Center
New England SchoolServices, Inc.98 Hicks Ave.
Medford, MA 02155 $5,888.00
AND BE IT FURTHER RESOLVED, That such purchase or contract be
awarded to the lowestresponsible bidder.
THIS RESOLUTION SHALL TAKE EFFECT UPON ITS PASSAGE
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Final Approved 3/23/2015
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; 1 sewer charge, assessment
authorized. 2
The city of Warwick is authorized and empowered, in accordance
with the provisions 3 of this act, to plan, lay out, construct,
finance, operate and maintain sewage works for a part 4 or the
whole of its territory and for such purposes to take by eminent
domain or otherwise 5 any lands, water rights, rights-of-way, or
easements, public or private, in said city necessary 6 for
accomplishing any purpose mentioned in this act. Such sewage works
may include 7 sewers and sewer service connections, pumping
stations, sewage treatment works, sewage 8 disposal works, and
other works essential to the proper collection, treatment, and
disposal of 9 the sewage of said city. 10
As used in this act, unless the context otherwise requires:
11
"Authority" means the sewer authority authorized by this act.
12
Cesspool means any buried chamber other than an on-site
wastewater treatment 13 system (OWTS), including, but not limited
to, any metal tank, perforated concrete vault or 14 covered hollow
or excavation, which receives discharges of sanitary sewage from a
building 15 for the purpose of collecting solids and discharging
liquids to the surrounding soil. 16
"City" means the City of Warwick. 17
"City Council" means the city council of the City of Warwick.
18
"Common sewer" means a sewer in which all abutters have equal
rights of entrance 19 and use. 20
Connect Capable means any parcel containing an inhabitable
dwelling located 21 within the authoritys sewer service area,
abutting a main sewer. 22
"Cooling water" shall include the clean waste water from air
conditioning, industrial 23 cooling, condensing and similar
apparatus and from hydraulically powered equipment. In 24 general,
cooling water will include only water which is sufficiently clean
and unpolluted to 25 admit of being discharged, without treatment
or purification, into any natural open stream or 26 watercourse
without offense. 27
"Force Main" means a sewer wherein sewage is moved by pressure.
28
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Final Approved 3/23/2015
"Highways" means any state or other highway and any public
street, alley, park, 29 parkway, driveway, bridge or public place.
30
"Industrial wastes" shall include the liquid or water carried
wastes of any industrial 31 process not clearly included within the
definitions of sanitary sewage, storm water, cooling 32 water or
seepage or subsoil drainage herein. In general, waste waters
carrying any quantity 33 of oils, grease, fats, abrasives,
chemicals, residues of manufacturing processes, wastes from 34
commercial food preserving or canning, from slaughter houses or
meat processing plants, 35 and similar substances, whether
dissolved, in suspension, or mechanically carried by water, 36
shall be considered as industrial wastes. 37
"Land" means and includes any land, including buildings and
other improvements 38 thereon, estate, riparian or other rights,
easemensts, interests or waterways. 39
"Lateral sewer" means a sewer which does not receive the sewage
from any other 40 common sewer. 41
"Main sewer" means a sewer into which the sewage from two or
more sub-main 42 sewers is discharged. 43
"Mayor" means the mayor of the City of Warwick. 44
On-Site Wastewater Treatment System (OWTS) means any system of
piping, 45 tanks, dispersal areas, alternative toilets or other
facilities designed to function as a unit 46 to convey, store,
treat or disperse wastewater by means other than discharge into a
47 public wastewater system. 48
Parcel means a part, portion or tract of land and whatever is
erected, attached, 49 growing upon or affixed to the land. 50
Quorum means a majority of the members of the authority. 51
"Sewage" shall mean waste water, water carried wastes, or a
combination of them, 52 discharged into and conveyed by sewers or
intended or customarily so discharged and 53 conveyed. Sewage may
be further classified as sanitary or industrialfollows:. 54
"Sanitary sewage" shall mean the common waste water and water
carried wastes 55 from human dwellings and from toilet and lavatory
fixtures, kitchen, laundries and similar 56 facilities of business
and industrial buildings. In general, sanitary sewage shall not
include 57 storm water from roofs, yards, streets or open spaces,
water from land surfaces or brooks, 58 clean waste or overflows
from springs, wells, or subsoil drainage, large volumes of clean 59
water from air conditioning or other cooling or condensing
facilities, clean waste water from 60
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Final Approved 3/23/2015
hydraulically operated contrivances and those wastes included
within the definition of 61 "industrial waste" next following.
62
"Industrial wastes" shall include the liquid or water carried
wastes of any industrial 63 process not clearly included within the
definitions of sanitary sewage, storm water, cooling 64 water or
subsoil drainage herein. In general, waste waters carrying any
quantity of oils, 65 grease, fats, abrasives, chemicals, residues
of manufacturing processes, wastes from 66 commercial food
preserving or canning, from slaughter houses or meat processing
plants, 67 and similar substances, whether dissolved, in
suspension, or mechanically carried by water, 68 shall be
considered as industrial wastes. 69
"Seepage" or "subsoil drainage" shall include water from the
soil percolating into 70 subsoil drains and through foundation
walls, basement floors, or underground pipes or from 71 similar
sources. 72
"Sewage works" means all constructions for collection,
transportation, pumping, 73 treatment and final disposition of
sewage. 74
Sewer Assessment means the rate or charge for the construction
of the sewers and 75 sewer systems set by a method(s) adopted by
the authority that bears a reasonable relation 76 to the costs of
construction to the city and authority of the service rendered to
the users, 77 including but not limited to costs related to
engineering, inspections, land purchases, paving, 78 and financing.
79
"Sewer service connection" means a pipe and any associated
appurtenances to 80 convey sewage and wastes from the property line
of a parcel a building to a common sewer. 81
"Storm water" shall include the runoff or discharge of rain and
melted snow or other 82 clean water from roofs, surfaces of public
or private landsparcels or elsewhere. For most 83 purposes within
the scope of this ordinance, storm water shall not include the flow
of any 84 natural brook, rivulet or stream even if the source of
such water is storm runoff from land 85 parcels, land or other
property once that runoff has entered the channel of such brook or
86 natural watercourse. In general, storm water shall include only
water which is sufficiently 87 clean and unpolluted to admit of
being discharged, without treatment or purification, into any 88
natural open stream or watercourse without offense. 89
"Sub-main sewer" means a sewer into which the sewage from two or
more lateral 90 sewers is discharged. 91
Undeveloped means any parcel of land which has not been built
upon or otherwise 92 lacks inhabitable buildings or structures.
93
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Final Approved 3/23/2015
User Charges means rates, charges and/or fees levied on the
users of the 94 wastewater collection and treatment system related
to the costs of operation, maintenance, 95 repair and replacement
of the wastewater collection and treatment system. 96
The City of Warwick may provide for the construction of sewers
and for other sewage 97 works for said city and may raise funds
therefor by borrowing or otherwise, and for that 98 purpose may
issue bonds or notes for the city in accordance with the provisions
hereinafter 99 stated or under other authority. 100
The sewer authority shall provide that annualuser charges shall
be made upon the 101 owners of the landsparcels using the sewageer
works and that sewer assessments shall be 102 made upon the owners
of lands parcels for which the use of sewage works is available.
The 103 sewer authority may further provide that connect capable
charges shall be made upon 104 connect capable property parcel
owners whose property parcel is abutting on that portion of 105 any
highway in which a common sewer is laid, while said parcelproperty
remains 106 unconnected to the city's sewage workssystem. The
receipts from annualuser charges, 107 sewer assessments and connect
capable charges shall be appropriated for and applied to 108 the
payment of the charges and expenses incident to the planning,
construction, financing, 109 operation, maintenance, repair,
renewal and replacement costs of the sewage works, and to 110 the
payment of principal and interest costs for any bonds or notes
issued or outstanding for 111 the sewage works, and any deficiency
of said receipts in any year for said purposes shall be 112 made by
the city tax pending the authority in the next fiscal year
eliminating said deficiency 113 and reimbursing the city for any
moneys advanced through the increasing of the rates 114 established
for annualuser charges and/or connect capable charges. 115
(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)) 116
Sec. 2.2. - Sewer authority. 117 There shall be a bi-partisan
sewer authority for the city consisting of five (5) qualified
118
electors of the city, not more than three (3) of whom shall be
members of the same political 119 party, to be appointed by the
mayor subject to confirmation by the city council. It shall be the
120 purpose of the sewer authority to provide wastewater collection
and treatment services to the 121 City of Warwick in a cost
effective and environmentally sound manner. Upon passage of this
122 act, tThe mayor, within eighty (80) days thereafter, shall
appoint the five (5) members of the 123 authority, two (2) of each
from lists of not less than three (3) ten (10) names submitted by
the 124 respective chairman of the city political committees and
one (1) member without party 125 designation; one (1) member to
hold office until one (1) year from the first day of February 126
preceding said appointment, one (1) member to hold office until two
(2) years from the first 127 day of February preceding said
appointment, one (1) member to hold office until three (3) 128
years from the first day of February preceding said appointment,
one (1) member to hold 129 office until four (4) years from the
first day of February preceding said appointment, and one 130 (1)
member to hold office until five (5) years from the first day of
February preceding said 131
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Final Approved 3/23/2015
appointment, and Iin the month of January preceding the
expiration of the term of each of 132 said the authoritys members,
the mayor shall appoint one (1) member to succeed the 133 member
whose term will next expire to hold office for the term of five (5)
years from the first 134 day of February next after his appointment
and until his successor is appointed and qualified 135 in the same
manner as provided in the original appointment for such term. In
case any 136 person appointed as a member of said authority shall
decline to serve or neglect to qualify 137 within ten (10) days
after his appointment, or a vacancy shall occur in said authority
for any 138 other cause, the mayor, within thirty (30) days shall
appoint some person to fill such vacancy 139 for the unexpired term
in the same manner as provided in the original appointment for such
140 term. A person holding any other office of emolument or profit
under the government of the 141 city shall not be eligible to
membership on the authority and if any member of said authority 142
shall accept any such office or shall remove from the city, his
place on the authority shall 143 immediately become vacant. The
members of the authority shall be severally sworn to the 144
faithful performance of their duties under this act. They shall
elect from among their 145 members a chairman and a secretary at
the first meeting after the organization and upon the 146
appointment of any new member for a full term and shall fill any
vacancy that may occur in 147 either office from any cause. A
majority of the members of the authority shall constitute a 148
quorum for the transaction of business. The mayor may remove any
member of the authority 149 from office for cause shown after a
hearing before the city council of which such member 150 shall be
given seven (7) days' notice in writing. 151
The mayor, with the advice and consent of the city council,
shall fix the compensation 152 of the members of the authority and
shall annually appropriate a sum sufficient to pay the 153 same
together with a sum sufficient for office expenses. 154
The authority may adopt by-laws governing the transaction of
business by an 155 affirmative majority vote of at least four (4)
all voting members, but no such by-laws shall 156 authorize any
action by the authority except by the affirmativea majority vote of
at least three 157 (3) quorum of voting members. thereof and with
the advice and consent of the mayor. 158
The authority appointed by the provisions of this section, until
the remaining sections 159 of this act take effect upon acceptance
by referendum as further provided herein, shall have 160 the
following interim powers and duties: 161
The authority shall review the sewer survey (Facilities Plan) in
order to develop 162 procedures for the implementation of the
general sewer program and to conduct preliminary 163 studies in
order to execute the administrative details contained in this act.
164
Such activities may include: 165
(a) 166 The planning and programming of the various phases of
the sewer project, 167 and 168
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Final Approved 3/23/2015
(b) 169
A review of the procedures of various financing programs in
terms of charges 170 and assessments to be instituted upon the
commencement of the 171 construction of sewers, and 172
(c) 173
An establishment and exercise of a public information program.
174
The members of the authority and their duly authorized agents
may enter upon any 175 premises within the city to examine, inspect
or survey the same, whenever necessary for the 176 performance of
their duties under this act. 177
(P.L. 1962, ch. 254, 2; P.L. 1988, ch. 479, 2; P.L. 1991, ch.
86, 2) 178 Cross reference For salary of members of sewer
authority, see 64-5 of the Code of Ordinances. 179
Sec. 2.3. - Preparation of plans; public hearing; reports;
specifications; 180 estimates. 181
Without in any way limiting the authority of said the city to
provide sewers anywhere 182 within the territorial limits of the
city, the sewer authority, with the advice and consent of the 183
mayor, may authorize the construction, maintenance, and operation
of sewage works from 184 time to time in different areas or
sections of the city. The authority shall proceed to prepare 185
construction plans, specifications and cost estimates of sewage
works for the city, or any 186 portion thereof, allowing the
streets and highways in which the sewers will be placed and the 187
location of other sewage works to be placed outside of the street
and highway limits. The 188 authority shall also prepare, or have
prepared, a report describing the proposed sewage 189 works and a
complete estimate of costs therefor. 190
When such plans, specifications, report and estimates are
completed or at other 191 times in the development stages, they the
authority shall cause to be held a public hearing 192 pursuant to
the authoritys rules and procedures. Notice of the hearing shall be
published in a 193 public newspaper having circulation in the City
of Warwick at least five (5) days prior to the 194 hearing. 195
The finance director, with the consent of the mayor and a
requisition approvedsigned 196 by a majority of the authority and
signed by the authoritys chairman, shall appropriate a sum 197
sufficient to pay the cost of preparing the plans, specifications,
report and estimates provided 198 for in this section, to be
expended by the authority, and to be paid by the city treasurer
upon 199 vouchers approved by the mayor and a majority of the
authority and the finance director, and 200 the city treasurer
shall repay the treasury any sums so expended whenever sewer bonds
or 201 notes are issued as hereinafter provided. 202
In the preparation of plans, specifications, reports and
estimates provided in this 203 section, the authority may, with the
consent of the mayor, from time to time employ and fix 204
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Final Approved 3/23/2015
the compensation of such consulting engineers, legal advisers,
and other professional 205 experts, and such other employees as it
may find necessary and may discontinue the 206 employment of any or
all such employees. 207
(P.L. 1962, ch. 254, 3; P.L. 1988, ch. 479, 3; P.L. 1991, ch.
86, 3) 208
209 Sec. 2.4. - Construction of works; contracts; operation and
maintenance of 210 works; employment of professionals; records;
minutes. 211
Upon the completion of a public hearing of the plans,
specifications, reports and 212 estimates as provided in section 3
[2.3] hereof, the sewer authority, with the advice and 213 consent
of the mayor, shall proceed as soon as may be practicable to carry
out construction 214 work contemplated by the plans aforesaid. The
authority, with the advice and consent of the 215 mayor, shall be
vested with full authority to construct sewage works for said the
city and to 216 make for and on behalf of the city all necessary
contracts for construction and for the 217 purchase of property. ,
The authority may purchase any supplies and equipment for the 218
construction, operation and maintenance of any sewage works. All
work, supplies, materials 219 and equipment required by the
authority in connection with the construction of the sewage 220
works shall be procured by contract made pursuant to and in manner
required by the 221 provisions hereof.. For all contracts involving
more than five thousand dollars ($5,000), 222 except in the case of
legal services, the services of consulting engineers and other 223
professional services, said the authority shall not issue purchase
orders without obtaining the 224 prior consent of the mayor and
thereafter filing a monthly report of such contracts and 225
purchase orders with the mayor and city council. The operation,
maintenance and repairation 226 of said the sewage works shall be
vested in the authority. 227
The authority, with the advice and consent of the mayor, may
from time to time 228 employ and fix the compensation of such
professional engineers, legal advisors, surveyors, 229 draftsmen,
clerks, and other employees as it may find necessary for the
construction, 230 operation, maintenance and repair of said the
sewage works, and may at any time 231 discontinue the employment of
any or all such employees subject to compliance with the 232 rules
and regulations of the city's personnel administration. The
authority shall cause to be 233 kept a record of all its accounts
and proceedings and an accurate account of all its 234
transactions, and shall annually, and at such other times as
directed by the mayor or the city 235 council, report to the mayor
and city council its doings and make a report in detail of its 236
financial accounts. The authority shall keep minutes of all its
proceedings showing the vote 237 of each member upon each question
or if such member be absent or fails to vote, indicating 238 such
fact; and shall keep records of its examinations and of other
official actions, all of which 239 shall be filed and shall be a
public record. 240
(P.L. 1988, ch. 479, 4; P.L. 1991, ch. 86, 4; P.L. 1998, ch. 39,
1(4)) 241
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Secs. 2.52.7. - Reserved. 242 Editor's note 243
Section 1 of ch. 39 of the Public Laws of 1998 deleted former
2.52.7 in their entirety. 244 Formerly, said sections pertained to
authority authorized to borrow up to four million, 245 issuance of
bonds, notes, terms and conditions of bond, notes, disbursement of
246 funds; authority to issue temporary notes for temporary
borrowing; and serial bonds 247 or notes generally, and derived
from P.L. 1962, ch. 254, 57; P.L. 1988, ch. 479, 248 5, 6; and P.L.
1991, ch. 86, 5. 249
Sec. 2.8. - Custody and accounting of funds raised by bonding or
notes. 250 The proceeds arising from the sale of any bonds or notes
issued under authority of 251
this act shall be delivered to the city treasurer and shall be
kept by him in separate accounts 252 and shall be expended only for
the purposes and in the manner prescribed by this act, 253 provided
that the proceeds of the sale of any issue of serial bonds or notes
shall first be 254 applied to the payment of such temporary notes
as may have been issued in anticipation of 255 such issue, and
provided further that any premium received over the par value of
the serial 256 bonds or notes of any issue, less the cost of
preparing, issuing and marketing such serial 257 bonds or notes
shall be applied to the payment of the principal of the first bonds
or notes of 258 such issue first to mature. 259
(P.L. 1962, ch. 254, 8) 260
Sec. 2.9. - Apportionment of costs; sewer assessments and
charges; 261 enforcement of charges and assessments. 262
The authority, with the advice and consent of the mayor, shall
prescribe just and 263 equitable sewer assessment rates on account
of the construction costs, to be levied against 264 owners of
property parcels abutting on that portion of any highway in which a
common sewer 265 is laid under this act and also rates of
annualuser and connect capable charges on account 266 of operation
and maintenance costs, renewal and replacement funding and the cost
of 267 principal and interest for any bonds or notes issued for
sewage works, to be levied against 268 owners of property parcels
which areis or could be connected to a common sewer. 269
Such assessments, annualuser and connect capable charges herein
referred [to] 270 shall be paid by every property parcel owner or
institution whose parcelproperty is or can be 271 connected to the
city sewage works, in a manner prescribed by the authority, with
the 272 approval of the mayor and the finance director. 273
Notwithstanding the foregoing, the authority shall have
discretion tomay defer sewer 274 assessments against parcels of
land that are undeveloped or not underdeveloped to the 275 extent
permissible by City zoning ordinances provided that such parcels
remain subject to 276
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assessment upon the earlier to occur of either, (i) development
or redevelopment of such 277 parcels in accordance with the
authoritys rules and regulations. of land; or (ii) twenty (20) 278
years from the date of initial assessment. Similarly, tThe
authority shall have discretion 279 tomay defer sewer assessments
against any parcels, of land if the owner of such a parcel, 280
within seven (7) years of the date of the sewer assessment, has
installed a new OWTSseptic 281 system within twenty (20) years of
sewer service initially becoming operational, provided that 282
such parcel shall remain subject to assessment and shall begin
paying such assessment at 283 twenty (20) least seven (7) years
from the date of the installation of the OWTS or upon 284
connection to the sewer system, whichever occurs firstinitial
assessment. 285
The sewer assessments may shall be determined by a method(s)
adopted by the 286 sewer authority that assesses charges for use of
the sewers and sewer systems in an 287 amount that bears a
reasonable relation to the cost of construction to the city and
authority of 288 the service rendered to the users, which method(s)
may include but is not limited to. 289 according to the frontage
along the highway of each parcel of land abutting on a common 290
sewer, or according to the area of such land within a fixed depth
from the highway, or 291 according other alternative methods to
both such frontage and area. The sewer authority 292 with the
advice and consent of the mayor may, from time to time, redetermine
the rates fixed 293 for sewer assessments, if construction costs
warrants, and may redetermine rates for 294 annualuser and connect
capable charges if costs so warrant. 295
The sewer assessments herein referred to shall be paid by every
property parcel 296 owner or institution whose property parcel is
abutting on that portion of any highway in which 297 a common sewer
is laid under this act or is connected to the city's sewage works.
In the case 298 of property connected to the City's sewage works
where that property is not abutting on any 299 highway in which a
common sewer is laid, the property will be assessed in the same
manner 300 as if the common sewer were abutting the highway to
which the property is connected in a 301 manner consistent with
this Act. 302
Sewer assessments levied hereunder may be paid in as many as
thirtytwenty (320) 303 annual installments in accordance with the
terms of the loan secured for sewer construction, 304 upon
application by the property parcel owner and approval of the sewer
authority. In the 305 case of installment payments, interest at a
rate not to exceed four percent (4%) per annum 306 for assessment
in effect prior to June 30, 1988, and for assessments established
thereafter a 307 maximum rate of 1.25% above the average interest
rate the authority is charged on the loan 308 that is not to exceed
nine percent (9%) per annumreasonably related to the interest rate
309 charged to the city or sewer authority to borrow money used to
fund the construction of the 310 sewersservice rendered to the
users shall be charged annually on the unpaid balance of the 311
total sewer assessment. Such annual installment payments may be
paid on a quarterly 312 basis. 313
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Sewer assessments shall be levied at a uniform rate based upon
the finalestimated 314 cost of constructing all sewers, sewer
service connections and other sewage works 315 belonging to the
city. Sewer assessment revenues shall be used for the payment of
the 316 principal and interest costs for any bonds or notes issued
for sewage works. 317
AnnualUser charges shall be levied upon every property parcel
owner or institution 318 whose property parcel is connected to the
city's sewage system. The charnge will be 319 computed based upon
water consumption or other factors deemed equitable by the sewer
320 authority. The annualuser charge shallshould be set at a level
sufficient to support operation 321 and maintenance costs of the
sewer system and the wastewater treatment plant, the renewal 322
and replacement fund and the principal and interest for any bonds
or notes issued for 323 sewage works. The revenues to be raised by
annualuser charges will be reduced by 324 revenues generated by
sewer assessments and connect capable fees. 325
Connect capable charges may be levied in lieu of user charges
upon every 326 parcelproperty owner or institution whose property
parcel is abutting on that portion of any 327 highway in which a
common sewer is laid while said property parcel is not connected to
the 328 aforementioned sewerage system, but is capable of doing so.
The charge will be established 329 at a level determined by the
sewer authority to recover an equitable portion of the principal
330 for any bonds or notes issued for sewerage works and renewal
and replacement funding, 331 and shall be subject to consent by the
mayor and the Warwick City Council. 332
The authority shall annually certify to the finance director and
to the mayor all the 333 charges and sewer assessments made by it
under the authority of this act. Each charge or 334 assessment made
by said the authority pursuant to this act shall be a lien upon the
parcels, 335 lands, buildings and improvements upon which it is
made in the same way and manner as 336 taxes assessed on real
estate, but such liens shall not expire until the charge or
assessment 337 with all interest, costs and penalties thereon is
paid in full, and, if the charge or assessment 338 is not paid as
required, it shall be collected in the same manner that taxes
assessed on real 339 estate are by law collected. The finance
director, after receiving a list of charges or 340 assessments
under this act, shall forthwith, at the expense of the authority,
send to each 341 person assessed or charged notice of the amount of
his assessment or charge. The notice 342 shall substantially
identify the person assessed, state the amount of the assessment or
343 charge and refer to the remedy available under section 19
[2.19] of this act. The notice shall 344 be mailed postpaid and
directed to the last known address of the person assessed. If there
345 are persons whose addresses are unknown, a similar notice
covering the assessments 346 against such persons shall be
published in a newspaper of general circulation in the city and 347
such published notice may be a single collective notice for all
such persons. No irregularity in 348 the notice required by this
section shall excuse the nonpayment of the assessment or charge 349
or affect its validity or any proceedings for the collection
thereof as long as there is 350 substantial compliance with the
provision hereof. No deficiency in the notice to the person 351
assessed shall excuse the nonpayment by others of the assessment or
charges assessed 352
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against them or affect the validity thereof or any proceedings
for the collection thereof. The 353 finance director shall without
further warrant collect such charges and assessments in the 354
same manner as the regular taxes of the city may be payable.
Interest at the rate per annum 355 fixed for nonpayment of city
taxes shall be charged and collected upon all overdue charges 356
and assessments from the date they become payable until paid,
provided however, that the 357 total overdue charge for non-payment
of installment of sewer assessments shall be applied 358 to past
due installments and not the total assessment; and provided
further, that there shall 359 be no penalty on installment
assessments deferred by reason of income subject to rules and 360
regulations that the Warwick City Council may prescribe by
ordinance. 361
The authority with the advice and consent of the mayor may at
any time cancel 362 modify in whole or in part any charge or
assessment to the extent the authority determines 363 such charge
or assessment to have been improperly imposed. 364
365
(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)) 366
Sec. 2.9.1. - Renewal and replacement account. 367 The city
finance director shall establish in a separate account for renewal
and 368
replacement. The purpose of the account is to provide for the
future renewal or replacement 369 of the current and future
physical assets of the wastewater treatment plant whose cost is in
370 excess of ten thousand dollars ($10,000.) with an economic life
of at least five (5) years. The 371 renewal and replacement account
will be funded annually through annualuser charges and 372 connect
capable fees, as determined by the sewer authority, in an amount
equal to total 373 gross depreciation expense as computed under
generally accepted accounting principals, 374 including the
amortization of local and nonlocal contributed capital or an
alternative amount 375 based on industry standards. Interest earned
on monies deposited in the renewal and 376 replacement fund will be
credited to the account. Withdrawals from the account, subject to
377 the aforementioned limitations of cost and economic life, must
be approved by the sewer 378 authority." 379
(P.L. 1988, ch. 479, 9.1) 380
Sec. 2.10. - Receipts from annualuser charges and assessments.
381 The receipts from annualuser charges, sewer assessments and
connect capable 382
charges, as provided for in section 9 [2.9] of this act, should
be separately accounted for by 383 the finance director; at the
close of each fiscal year the city treasurer shall transfer from
such 384 funds to the treasury a sum sufficient to repay the sums
appropriated and paid from the 385 treasury during the fiscal year
then close on account of the principal and interest of all 386
borrowing for the purpose of this act and for the payment of
charges and expenses incident 387 to the operation, maintenance,
renewal and replacement fund and repair of said sewage 388
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works or to the extension thereof. At the end of a fiscal year,
if the finance director 389 determines that the revenues referred
to above as well as prior year fund balances were not 390
sufficient to cover operation and maintenance costs, renewal and
replacement funding and 391 principal and interest for any bonds or
notes issued for sewage works, thereby creating 392 insufficient
end of year balances, charge shall be adjusted in the next fiscal
year to assure 393 sufficient balances in the sewer fund. If the
receipts from said charges and assessments 394 amount in any year
to more than will be required for the aforesaid purposes, the
surplus shall 395 be added to the receipts of the next succeeding
year. 396
(P.L. 1962, ch. 254, 10; P.L. 1988, ch. 479, 10; P.L. 1998, ch.
39, 1 (10)) 397
Sec. 2.11. - Recovery of assessment charge by joint tenant,
tenant in common, 398 etc., from other tenant. 399
Whenever a tenant by the entirety, or a joint tenant, or a
tenant in common of any 400 land parcel subject to a sewer charge
or assessment under this act, shall pay the whole 401 amount of
such sewer charge or assessment, such tenanthe may recover from the
other joint 402 tenant or tenant in common, as the case may be,
such proportional part of such charge or 403 assessment as the
value of the latter's interest in the land parcel bears to the
aggregate 404 value of such parcelland, by proceedings in the
superior court for the county of Kent in the 405 nature of an
action of account as provided in G.L. 1956, 10-2-1 et seq., and in
any acts in 406 amendment thereof or in addition thereto, and such
action is hereby made available for the 407 purposes of this
section. The same shall apply as between a tenant for life or years
and the 408 owner of the fee with respect to construction
assessments. Whenever the owner of the fee 409 shall pay an
annualuser charge, such ownerhe may recover the amount so paid from
the 410 tenant in a similar action to the extent [it] is
attributable to the period of the tenancy. The 411 provisions of
this section shall not be construed to impair any other right of
action which the 412 party paying such charge or assessment may
have at law or in equity to secure a 413 contribution from the
other parties having an interest in the parcelland subject to such
charge 414 or assessment. 415
(P.L. 1962, ch. 254, 11) 416
Sec. 2.12. - Appeal of assessment of irregular, unusual land;
assessment of lots 417 at intersections of roads. 418
The owner of a lot of land irregular in shape or which is unduly
above or below grade 419 or which for any reason is deemed to be
inequitably assessed under this act, in the event 420 such an
assessment is made, may appeal to the sewer board of review as
hereinafter 421 provided in section 19 [2.19] of this act. The
authority, with the advice and consent of the 422 mayor, may
notwithstanding an appeal, on its own initiative, adjust the sewer
assessment on 423 such a lot or exempt such a lot from assessment.
424
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Where a lot is located at the intersection of two streets or
highways in which sewers 425 have been constructed, the sewer
assessment on such lot shall be made only for the sewer 426 in the
street or highway in which the assessment would be greater. 427
(P.L. 1962, ch. 254, 12; P.L. 1991, ch. 86, 12) 428
Sec. 2.13. - Assessments for land parcels held by religious
corporations, 429 cemeteries. 430
All lands parcels in said the city held by religious
corporations, and on which are 431 located buildings used solely
for the purpose of holding religious services therein, and all 432
lands parcels in said the city held by cemetery corporations and
used solely for cemetery 433 purposes, shall be exempt from the
payment of any and all sewer assessments for the 434 construction
of sewage works made in pursuance of the provisions of this act and
according 435 to the sewer authoritys rules and regulations, so
long as such lands parcels shall be held 436 and used solely for
such purposes; provided, that all such assessments made on such 437
parcelslands for the construction of sewage works under the
provisions of this act shall be 438 and remain for thirty (30)
years a lien on saidthe lands parcels and the improvements 439
thereon without interest, and the said city may enforce for
collection of saidthe assessments 440 whenever saidthe lands
parcels or any portion thereof shall be abandoned for from saidthe
441 above-listed purposes, in the same manner as other sewer
assessments under this act are 442 collected or enforced; and
provided,. further, that any such assessment may be adjusted in 443
the manner and for any of the reasons prescribed in section 12
[2.12] of this act. 444
(P.L. 1962, ch. 254, 13; P.L. 1988, ch. 479, 13) 445
Sec. 2.14. - Procedure for taking of land. 446 The sewer
authority with the advice and consent of the mayor on behalf of the
city 447
may acquire by agreement, purchase or condemnation such land or
right or easement in 448 land as may be necessary for the purposes
of this act. Whenever the authority desires to 449 take any such
land or right or easement in land by condemnation, it shall file
with the city 450 clerk a plat, description, and statement of such
land or right or easement in land to be taken 451 and a statement
that such land or right or easement in land is taken pursuant to
the 452 provisions of this act. 453
Upon the recording of said plat, description and statement in
the office of the city 454 clerk, the land or right or easement in
land defined in such plat, description and statement to 455 the
extent and according to the nature of the interest therein taken,
shall vest in the city and 456 shall be subject to the use of the
authority for the purposes of this act, and said authority may 457
thereupon enter upon and enjoy the rights, interests and easements
taken as aforesaid; and 458 after the filing of such plat,
description and statement, notice of such taking shall be served
459 upon the owners of and persons having an estate in and
interested in such land by any 460 police officer of the City of
Warwick leaving a true and attested copy of such description and
461
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statement with each of such persons personally, or at their land
and usual place of abode in 462 this state with some person living
there, and, in case any of such persons are absent from 463 the
state and have no last [land] and usual place of abode therein
occupied by any person, 464 such copy shall be left with the
persons, if any, in charge of or having possession of such 465 land
of such absent persons, and another copy thereof shall be mailed to
the address of 466 such absent persons if the same is known to said
officer; and after the filing of such 467 description and
statement, the city clerk of said city shall cause a copy of such
description 468 and statement to be published in some newspaper or
newspapers published or circulated in 469 said city at least twice
a week for three successive weeks; and if any party shall agree
with 470 said authority for the price of the rights, interests or
easement so taken, the same shall be 471 paid to him forthwith by
said authority. 472
The authority with the advice and consent of the mayor shall
have general authority 473 to represent the city and to make any
agreements for said city under the authority of this 474 section
and to do, with the advice and consent of the mayor, any acts or
things necessary or 475 incidental to executing settlements and
agreements, and shall have authority to agree with 476 the owner
for the price of land so taken and the same shall be paid by the
city treasurer out 477 of the proceeds of bonds or notes issued
hereunder or other funds made available for the 478 purpose, upon
vouchers approved by the majority of the authority and the finance
director. 479
Any owner of or person entitled to any estate in or interested
in any part of the land in 480 which such fee, rights, interests or
easements are so taken who cannot agree with said city 481 or
authority for the price of such fee, rights, interests or easements
so taken in which he/she 482 is interested as aforesaid, may,
within one year from the filing of the plat, description and 483
statement referred to in this section of this act, apply by
petition to the superior court in and 484 for the county of Kent,
setting forth the taking of such fee, rights, interests or
easements in 485 his land and praying for an assessment of damages
by a jury. Upon the filing of said petition 486 the said court
shall cause twenty days' notice of the pendency thereof to be given
to said city 487 by serving the mayor of said city with a certified
copy thereof, and may proceed after such 488 notice to the trial
thereof; and such trial shall determine all questions of fact
relating to the 489 value of such fee, rights, interests or
easements and the amount thereof, and judgment shall 490 be entered
upon the verdict of such jury and execution shall be issued
therefor. 491
In case any owner of or person having an estate in or interested
in such land shall 492 fail to receive personal notice of the
taking as aforesaid, and shall fail to file the petition as 493
provided in this section, said court in its discretion may permit
the filing of such petition 494 subsequent to said period of one
year from the filing of such description and statement; 495
provided, such person shall have no actual knowledge of the taking
of such fee, right, 496 interest or easement in season to file such
petition. 497
If any lands, or any fee, rights, interests or easements
therein, in which any infant or 498 other person not capable in law
to act in his own behalf is interested, are taken by said 499
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authority under the provisions of this act, said superior court,
upon the filing therein of any 500 such petition by or in behalf of
such infant or other person, may appoint a guardian ad litem 501
for such infant or other person, and such guardian may appear and
be heard in behalf of 502 such in fact [infant] or other person;
and such guardian may also, with the advice and 503 consent of said
superior court, may prescribe, release to said city or authority
all claims for 504 damages for the fee, rights, interests or
easements in the lands of such infant or other 505 person. Any
lawfully appointed, qualified and acting guardian of the estate of
any such infant 506 or other person, with the approval of the court
of probate within this state having jurisdiction 507 to authorize
the sale of lands within this state of any such infant or person,
may, before the 508 filing of any such petition, agree with said
authority upon the amount of damages suffered by 509 such infant or
other person by any such taking and may, upon receiving such
amount, 510 release to said city or authority all claims of damages
of such infant or other person for such 511 taking. 512
Any damages assessed as the result of petition to the superior
court shall be paid by 513 the city treasurer from the proceeds of
bonds or notes issued hereunder or other funds made 514 available
for the purpose upon vouchers approved by the mayor and the
majority of the 515 authority and finance director, provided,
however, that nothing in this act shall authorize the 516 authority
to condemn any portion of the land or right-of-way of any railroad,
street, railway or 517 other public service company, except for the
purpose of crossing the same below grade and 518 of building and
maintaining necessary manholes at such crossing in such manner as
not to 519 render unsafe, or to impai