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2013 -- S 0758 | |
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LC02055 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO AN ACT AUTHORIZING THE TOWN OF NEW SHOREHAM TO PLAN, | |
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CONSTRUCT, OPERATE, AND MAINTAIN A SEWAGE DISPOSAL SYSTEM AND | |
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AUTHORIZING THE FINANCING THEREOF INCLUDING THE ISSUE OF NOT MORE | |
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THAN $1,750,000 BONDS THEREOF | |
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Introduced By: Senator V. Susan Sosnowski | |
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Date Introduced: March 13, 2013 | |
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Referred To: Senate Housing & Municipal Government | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. The town of New Shoreham is hereby authorized to plan, Sewage disposal |
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construct, operate, maintain, extend and improve a sewage disposal system for the town or any |
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part or parts thereof. Such system may include facilities for collecting, treating and disposal of |
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sewage and commercial and industrial wastes. The town of New Shoreham, acting by its town |
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council, may enter into agreements for periods with the state or any other municipal or quasi- |
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municipal corporation or any private party for the treatment or disposition by one party of sewage |
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and wastes collected by the other and the state, such other municipal or quasi-municipal |
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corporations and private parties are authorized to enter into such agreements with the town. Such |
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agreements may be for a period of years or of permanent duration and may provide for the |
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arbitration of disputes arising thereunder. |
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SECTION 2. There is hereby established a board of sewer commissioners for the town of |
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New Shoreham consisting of five qualified electors of the town. Except as otherwise provided |
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herein, said board of sewer commissioners shall have power and authority to supervise the |
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planning, construction, operation, maintenance, extension and improvement of the sewage |
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disposal system and to make contracts therefor on behalf of the town. |
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Forthwith after the effective date of this section, the town council, shall appoint five |
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sewer commissioners, one to serve until May 1, 1973, one until May 1, 1974, one to serve until |
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May 1, 1975, one to serve until May 1, 1976, and one until May 1, 1977, and thereafter until |
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their successors are appointed and take office. Not more than sixty days prior to the expiration of |
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each term the town council shall appoint a successor for a term of five years from such expiration |
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and thereafter until his successor is appointed and takes office. |
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The board of sewer commissioners may act despite a vacancy on the board but, in the |
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event of any vacancy the town council shall appoint a commissioner to serve for the unexpired |
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term and thereafter until his successor is appointed and takes office. |
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Any member of the board may be removed for cause by the town council. |
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Each appointment or removal by the town council shall be by vote of a majority of the |
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whole number thereof, including vacancies therein. |
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The town council may require the members of the board of sewer commissioners to |
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furnish bond for the faithful performance of their duties, in such amounts and with such sureties |
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as the town council may deem desirable. Premiums on surety bonds shall be paid from funds of |
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the board of sewer commissioners. |
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No contract shall be made by the board of sewer commissioners with any member of the |
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board or with the superintendent of the sewer system (except his contract of employment) or with |
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any member of their immediate families or with any firm or corporation in which the |
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superintendent or any member of the board, together in either case with the members of his |
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immediate family, owns more than one per cent of the total proprietary interest, unless such direct |
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or indirect interest of the member or superintendent is set forth in the minutes of a meeting of the |
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board prior to the making of such contract and the member or superintendent abstains from voting |
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or acting for the district, as the case may be, in making such contract. A violation of this |
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paragraph shall be grounds for avoiding, rescinding or canceling the contract on such terms as the |
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interests of the town and innocent third parties may require or for the recovery of damages from |
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any party acting in violation of the paragraph. |
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SECTION 3. Forthwith after the appointment of the original board of sewer |
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commissioners and after the appointment and taking office of a member upon the expiration of a |
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term, the board shall appoint a chairman from among the members of the board and shall appoint |
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a secretary, who need not be a member of the board, or designate the town clerk as a secretary. |
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The chairperson shall preside at meetings of the board and the secretary shall keep the records of |
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the meetings of the board. The board may designate other officers and assistant officers with such |
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powers and for such terms as the board may determine but the board may at any time remove any |
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such other officers and assistant officers with or without cause, subject to any damages which |
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may be payable for cancellation of a contract with the superintendent as authorized below. |
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The board may adopt by-laws or rules for the transaction of its affairs. |
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SECTION 4. The board of sewer commissioners may employ and fix the compensation |
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of attorneys, engineers, surveyors, draftsmen, clerks and other employees and agents. The board |
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may appoint a superintendent of the sewage disposal system and contract for his services but no |
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such contract shall be for a term of more than five years. The board may require a surety bond of |
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any of its agents and employees. The premiums shall be paid from funds of the board. |
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Each of the commissioners may be compensated for his services at the rate to be |
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determined by the town council. The secretary, if not a member of the board or the town clerk |
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acting by designation, may be compensated at a rate determined by the board. |
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SECTION 5. |
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Section 5. Any contract of the board involving more than ten thousand dollars |
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($10,000,000) for construction or five thousand dollars ($5,000) for the purchase of materials or |
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equipment shall be publicly advertised pursuant to 45-55-9. |
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All funds of the board shall be held in the custody of the town treasurer and shall be |
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expended by or under the direction of the board. |
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In addition to the funds hereinafter provided, the board is authorized to expend for the |
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purposes of this act such sums as may be appropriated therefor by the town. |
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In carrying out the purposes of this act, the board of sewer commissioners may lease |
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property or acquire the same by purchase or gift or by eminent domain as hereinafter provided, |
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may make contracts and shall have such further powers as shall be necessary or incidental to the |
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purposes and powers set forth in this act. Any lease, purchase or taking of real property shall be |
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subject to authorization or approval of the town council. |
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SECTION 6. The initial cost of any project or projects for the construction, completion, |
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extension, enlargement or improvement of the sewage disposal system may be shared between |
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the abutting property owners and all the taxpayers of the town of New Shoreham in the following |
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manner. The board of sewer commissioners shall, to the extent described below assess the cost of |
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any project or projects for the construction, completion, extension, enlargement or improvement |
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of the sewage disposal system upon the owners of the estates which abut that portion of any street |
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or highway in or along which any sewer constituting any portion of such project or projects may |
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be located or which otherwise specially benefit from such project or projects. Such assessment |
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may be made separately for each project or for several projects taken together as the board of |
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sewer commissioners may deem equitable. |
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SECTION 1. This act shall take effect upon passage. |
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LC02055 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO AN ACT AUTHORIZING THE TOWN OF NEW SHOREHAM TO PLAN, | |
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CONSTRUCT, OPERATE, AND MAINTAIN A SEWAGE DISPOSAL SYSTEM AND | |
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AUTHORIZING THE FINANCING THEREOF INCLUDING THE ISSUE OF NOT MORE | |
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THAN $1,750,000 BONDS THEREOF | |
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This act would mandate the board of sewer commissioners for the town of New |
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Shoreham to publically advertise any contract involving more than ten thousand dollars ($10,000) |
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for construction or five thousand dollars ($5,000) for the purchase of materials. |
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This act would take effect upon passage. |
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LC02055 | |
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