2014 -- H 8318

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LC005915

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO AUTHORIZING THE TOWN OF LINCOLN TO ESTABLISH THAT THE

LINCOLN WATER COMMISSION IS A DEPARTMENT OF THE TOWN

     

     Introduced By: Representatives O`Grady, Ackerman, and Costantino

     Date Introduced: June 12, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. The Lincoln Town Council is hereby authorized to place on the ballot in the

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town of Lincoln, by resolution, an amendment to the Lincoln Home Rule Charter to establish that

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the Town of Lincoln Water Commission is a department of the town.

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     SECTION 2.┬áThe question of the approval of this act shall be submitted to the electors of

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the town of Lincoln at the next general election after passage of the aforementioned Lincoln

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Town Council resolution. If a special town-wide election or a special state election, in either case

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other than a primary, is called for a date earlier than the date of such general election, but after

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passage of said resolution, the town administrator may direct that the question of the approval of

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this act be submitted at such special election. The question shall be submitted in substantially the

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following form: "Shall Article XIII, Section C13-1 of the Home Rule Charter of the Town of

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Lincoln, entitled "Board of Water Commissioners" be amended as follows:

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     "There is established a Board of Water Commissioners which shall be a department of

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the Town, consisting of five members who shall be qualified electors and residents of their

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respective voting districts, and who shall hereafter except as otherwise stated below be elected at

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the election held on the first Tuesday following the first Monday in November of even-numbered

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years. Members of the Board shall hold no other public office or employment in the service of

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any Town or of any state or federal government except that of Notary Public, Justice of the Peace,

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or member of the National Guard or Air, Military or Naval Reserve. If a member of the Board

 

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shall cease to possess any of these qualifications, his/her office shall immediately become vacant.

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Each Commissioner unless otherwise stated below shall serve for a term of four years and until a

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successor is elected and qualified. Two members shall be elected in June 1997, who shall be

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elected to serve until December of 2000; three members shall be elected in June 1999, who shall

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be elected to serve until the first Tuesday of January of 2003; thereafter all terms and elections

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shall proceed as stated above.

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     "Shall Section Article XIII, C13-5(3) of the Home Rule Charter of the Town of Lincoln,

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entitled "Board of Water Commissioners" be amended as follows:

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     To employ and fix the compensation of such attorneys for the sole purpose of legal

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matters arising from the operation of the water system, as well as engineers, surveyors, draftsmen,

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clerks, a superintendent and other employees as may be necessary for the efficient performance of

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its duties hereunder." and the warning for the election shall contain the question to be submitted.

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From the time the election is warned and until it is held, it shall be the duty of the Lincoln Town

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Clerk to keep a copy of the act available at his or her office for public inspection, but the validity

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of the election shall not be affected by this requirement. To the extent of any inconsistency

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between this act and any law of special applicability to the city, this act shall prevail.

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      SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AUTHORIZING THE TOWN OF LINCOLN TO ESTABLISH THAT THE

LINCOLN WATER COMMISSION IS A DEPARTMENT OF THE TOWN

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     This act authorizes the town of Lincoln to establish the Lincoln Water Commission as a

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department of the town.

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     This act would take effect upon passage.

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