2012 -- H 8031

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LC02354

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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district.

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

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

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

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

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

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

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

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

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

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

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

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

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

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otherwise provided and need not be published or posted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC02354

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALTON VILLAGE WATER DISTRICT

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

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order to prepare it for voter ratification.

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     This act would take effect upon passage.

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LC02354

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