§ 9-511 – Power to engage in business of public nature; outside water rates; right of eminent domain
9-511. Power to engage in business of public nature; outside water rates; right of eminent domain A. A municipal corporation may engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation, and may construct, purchase, acquire, own and maintain within or without its […]
§ 9-511.01 – Water and wastewater business; rates; procedures; responsibility for payments
9-511.01. Water and wastewater business; rates; procedures; responsibility for payments A. A municipality engaging in a domestic water or wastewater business shall not increase any water or wastewater rate or rate component, fee or service charge without complying with the following: 1. Prepare a written report or supply data supporting the increased rate or rate […]
§ 9-511.02 – Utility user fees; lien enforcement; procedures; payment responsibility; definition
9-511.02. Utility user fees; lien enforcement; procedures; payment responsibility; definition A. A city or town may file a lien on property for the nonpayment of utility user fees for services provided to the property if the payment of the fees is delinquent for more than ninety days. B. Before filing the lien, the city or […]
§ 9-511.03 – Outside waste or garbage collection, landfill services or recycling collection or processing services; requirements; exceptions
9-511.03. Outside waste or garbage collection, landfill services or recycling collection or processing services; requirements; exceptions A. If a city or town provides waste or garbage collection services, landfill services or recycling collection or processing services outside of its boundaries, for those services the city or town shall: 1. Keep all records of the services […]
§ 9-512 – Issuance of bonds; service rates
9-512. Issuance of bonds; service rates A. The municipal corporation, for any and all purposes provided in section 9-511, may issue and sell bonds bearing interest not to exceed nine per cent per annum. B. When the enterprise or public improvement has been purchased or constructed by means derived from the sale of bonds, the […]
§ 9-513 – Lease of privately owned utility
9-513. Lease of privately owned utility A. When it is impracticable to issue bonds as provided by section 9-512 for an improvement or enterprise deemed necessary for the public welfare, the municipal corporation may lease at a stipulated rental a public improvement or utility. B. The rental contract shall reserve to the municipal corporation the […]
§ 9-514 – Authority to engage in utility business
9-514. Authority to engage in utility business A. Except as provided in section 9-571, before construction, purchase, acquisition or lease by a municipal corporation, as authorized in sections 9-511, 9-511.01, 9-511.02, 9-512 and 9-513, of any plant or property or portion of plant or property devoted to the business of or services rendered by a […]
§ 9-515 – Purchase of existing utility plant and property; valuation; appeal
9-515. Purchase of existing utility plant and property; valuation; appeal A. When a municipal corporation and the residents thereof are being served under an existing franchise by a public utility, the municipal corporation, before constructing, purchasing, acquiring or leasing, in whole or in part, a plant or property engaged in the business of supplying services […]
§ 9-516 – Declaration of public policy; eminent domain
9-516. Declaration of public policy; eminent domain A. It is declared as the public policy of the state that when adequate public utility service under authority of law is being rendered in an area, within or without the boundaries of a city or town, a competing service and installation shall not be authorized, instituted, made […]
§ 9-517 – Exception to purchase requirement
9-517. Exception to purchase requirement When a public utility operating under an existing franchise wilfully and persistently violates any provision of the franchise, the municipal corporation shall thereby be relieved from purchasing or taking over the property or plant of the public utility.