2012 -- H 8031

=======

LC02354

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO ALTON VILLAGE WATER DISTRICT

     

     

     Introduced By: Representative Larry Valencia

     Date Introduced: April 03, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 4 and 32 of Chapter 111 of the 2010 Public Law entitled “An Act

1-2

Relating to Alton Village Water District” are hereby amended as follows:

1-3

     SECTION 4. Officers constituting board –– Powers –– Bylaws –– Elections. –– (a) The

1-4

electors of the district shall at each annual meeting elect officers to serve until the next

1-5

succeeding first Monday in May and until their successors are elected and qualified, and the

1-6

offices shall consist of a moderator, clerk, treasurer, one (1) assessor, and a collector of taxes,

1-7

whose duties and powers are within the district, as like officers proper for a district. The officers

1-8

constitute the board, and the duties of the board are prescribed in this chapter. Any vacancy that

1-9

may occur in any of the aforenamed offices between annual meetings shall be filled by some

1-10

person to be chosen by the other members of the board to hold the office until the next annual

1-11

meeting. The electors of the district may, at any meeting, adopt and ordain bylaws, and, from

1-12

time to time, rescind or amend the bylaws, as they deem necessary and proper for the purposes of

1-13

this chapter and not repugnant to it and not inconsistent with any other law; provided, that no

1-14

greater penalty is inflicted imposed by the board than is prescribed in Section 12; and provided,

1-15

further, that the electors may appoint committees they deem necessary, and may fix the

1-16

compensation of all officers, agents, employees, and committees of the district.

1-17

      (b) The electors of the district shall elect officers at each regular meeting held on the first

1-18

Monday in May or at such intervals and on such dates as a majority of the electors present at a

1-19

regular meeting shall determine, provided that regular elections shall be held not less than once

1-20

every four (4) years. Such officers shall consist of a moderator, clerk, one (1) assessor, one (1)

2-1

collector of taxes, and one (1) additional member, whose duties and powers are within the district,

2-2

as like officers proper for a district. These enumerated officers shall constitute the board, and the

2-3

duties of the board are prescribed in this chapter. At the first meeting of the district, the moderator

2-4

and one (1) additional member shall be elected for a term ending the first Monday in May, 2013

2-5

2016, two (2) members shall be elected for a term ending the first Monday in May, 2012 2015

2-6

and one (1) member shall be elected for a term ending the first Monday in May, 2011 2014.

2-7

Thereafter, members of the board shall be elected for a term of office of three (3) years, or such

2-8

other term as a majority of electors present at a regular meeting shall determine in order to

2-9

conform with any changes to the frequency of elective meetings approved by the electors in

2-10

conformity with this paragraph (a). Any vacancy that may occur in any of the aforenamed offices

2-11

between regular meetings shall be filled by some person to be chosen by the other members of the

2-12

board to hold the office until the next regular meeting. The electors of the district may, at any

2-13

meeting, adopt and ordain bylaws, and, from time to time, rescind or amend the bylaws, as they

2-14

deem necessary and proper for the purposes of this chapter and not repugnant to it and not

2-15

inconsistent with any other law; and provided that the electors may appoint committees they

2-16

deem necessary, and may fix the compensation of all agents, employees, and committees of the

2-17

district.

2-18

     (c) For a person to become a candidate at any election under this section, that person

2-19

must be a resident of the district and secure the signatures of at least five (5) registered voters in

2-20

the district. The water district petition must be filed in the office of the clerk of the district not

2-21

later than 4:00 p.m. on the tenth day prior to the election, and the clerk shall certify as to whether

2-22

a sufficient number of signers have affixed their signatures to the petition.

2-23

     (d) The general election laws shall govern elections under this section so far as applicable

2-24

and consistent with the provisions of this chapter. Paper ballots may be used for the elections and

2-25

the elections shall be at the expense of the district. The ballots shall contain no designation of

2-26

party or political principle and there shall be no primaries or other preliminary election.

2-27

     (e) All elections shall be at large. No vacancy in the membership of the board shall

2-28

impair the right of a quorum to exercise the powers of the district. Three (3) members of the

2-29

board shall constitute a quorum and the affirmative vote of three members shall be necessary for

2-30

any action taken by vote of the board. Any such action shall take effect immediately unless

2-31

otherwise provided and need not be published or posted.

2-32

     SECTION 32. The first meeting shall be called by any five (5) qualified electors of the

2-33

district for purposes of this Section 32 and shall be held at such time and place as is specified in

2-34

the notice of the call of the meeting, provided that said date shall occur not later than twelve

3-1

months from the date of the passage of this act June 30, 2013. A vote by ballot shall be taken at

3-2

said first meeting upon the proposition, "Shall the Alton Village Water District be established

3-3

according to the act of incorporation passed by the general assembly of the state?" If a majority of

3-4

the persons so voting shall vote in the affirmative then said Alton Village Water District shall be

3-5

established according to the provisions of this act, but if a majority of the persons so voting shall

3-6

vote in the negative, then this act shall become null and void. Said first meeting shall be

3-7

organized by the election of a moderator, a clerk, and a committee of three (3) persons, qualified

3-8

electors in the district for purposes of this Section 32, who shall act at the meeting as a board of

3-9

canvassers. Said board of canvassers shall be provided by the board of canvassers of the town of

3-10

Richmond with lists of the persons who are registered voters within the district and such persons

3-11

shall be the qualified electors of the district for the purposes of this Section 32. The name of any

3-12

person whose right to vote at said meeting is challenged shall be referred by the moderator to the

3-13

committee who shall forthwith determine the question as to whether said person is qualified to

3-14

vote and take part in the proceedings of the meeting and shall so report forthwith to said

3-15

moderator. At said meeting said district after acceptance of the act may proceed to adopt bylaws

3-16

and effect a permanent organization or it may adjourn to a date determined by vote.

3-17

     SECTION 2. This act shall take effect upon passage.

     

=======

LC02354

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALTON VILLAGE WATER DISTRICT

***

4-1

     This act would update the public law which created the Alton Village Water District in

4-2

order to prepare it for voter ratification.

4-3

     This act would take effect upon passage.

     

=======

LC02354

=======

H8031