2014 -- S 3048

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LC005754

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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 AN ACT TO CREATE THE BRISTOL COUNTY WATER AUTHORITY

AND TO PROVIDE FOR ITS POWERS AND DUTIES

     

     Introduced By: Senators Felag, Bates, and Ottiano

     Date Introduced: May 29, 2014

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 7 of chapter 102 of the 1981 Public Laws entitled "An Act To

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Create The Bristol County Water Authority And Provide For Its Powers And Duties" passed at

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the January 1970 Session of the General Assembly and as amended in 1992 and 2013, is hereby

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further amended as follows:

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     Section 7. DIRECTORS, OFFICERS and EMPLOYEES.

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     (a) The powers of the authority shall be vested in a board of directors which shall consist

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of nine members, three members each to be appointed by the local governing bodies respectively

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of Barrington, Bristol and Warren, based on their qualifications without regard for political

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affiliation. The members of the board of directors first appointed from Barrington, Bristol, and

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Warren shall serve for terms of one, two and three years respectively, and thereafter until their

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successors are chosen and shall have qualified. Not earlier than sixty (60) days prior to the

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expiration of any terms of the members of the board of directors, the local governing bodies of

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Barrington, Bristol, and Warren shall each appoint one member to serve for a term of three years

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from the expiration of the term and thereafter, until such appointee's successor is chosen and shall

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have qualified. In the event of a vacancy occurring in the board of directors by reason of death,

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resignation, or removal of a member, the local governing body of the municipality who appointed

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such a member shall appoint a new member to serve for the unexpired term and thereafter, until

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his successor is chosen and shall have qualified. The members of the board of directors may be

 

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removed from their positions by a majority vote of their local governing body. Each town shall

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develop and adopt, by resolution or ordinance, standards for removal of the expectations for its

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member of the board of directors.

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     (b) The directors shall each receive compensation of one thousand dollars ($1,000) pro

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rata, per year, provided, that the chair of the board of directors shall receive one thousand five

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hundred dollars ($1,500) pro rata, per year of service. A director may engage in private

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employment or a profession or business.

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     (c) There shall be a chair and vice chair of the board of directors who shall be selected to

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serve at the pleasure of the board of directors by a vote of not less than six (6) members thereof.

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The vice chair shall reside in a municipality other than the municipality in which the chair

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resides. The board of directors shall appoint a secretary and a treasurer by a vote of the majority.

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Except as otherwise provided herein, five (5) directors shall constitute a quorum and any action to

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be taken by the authority under the provisions of this act may be authorized by a resolution

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approved by not less than five (5) of the directors at any regular or special meeting at which a

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quorum is present. A vacancy in the membership on the board of directors shall not impair the

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right of a quorum to exercise all rights and to perform all duties of the authority.

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     (d) Notwithstanding the provisions of the foregoing subparagraph (c), the following

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actions may be authorize only by an affirmative vote of not less than six (6) directors, as long as

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there is at least one vote for each town:

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     (1) Selection, appointment, setting the salary and termination, of the chief executive

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officer of the authority, who shall have the title of executive director.

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     (2) The sale of all, or substantially all, of the real and personal property of the authority.

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     (3) The exercise of the power of eminent domain conferred upon the authority.

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     (4) Applications for, or the setting of, rates for the authority's products and services.

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     (5) The issuance of bonds, notes, or the borrowing of amounts in excess of, or the entry

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into, any one or more series of contracts calling for the expenditure of $500,000 or more.

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     (6) The adoption of an annual budget.

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     (e) The board of directors shall appoint an executive director, and shall determine the

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amount of reasonable compensation for said position.

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     (f) No fulltime employee of the authority shall, during the period of his employment by

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the authority, engage in any other private employment, profession, or business, except with the

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approval of the board of directors. No person shall be appointed executive director, if within one

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year prior to the effective date of such appointment, such person shall have been a member of the

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authority's board of directors, or of a local governing body, or the chief administrative officer, of

 

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Barrington, Bristol or Warren.

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     (g) If any director, officer, or employee of the authority shall be interested, directly or

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indirectly, or shall be a director, officer, or employee of, or have ownership interest (other than as

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the owner of less than one percent of the shares of a publicly held corporation) in any firm,

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person, or corporation interested, directly or indirectly, in any contract with the authority, such

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interest shall be disclosed to the authority and set forth in the minutes of the authority, and the

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director, officer, or employee having such interest shall not participate on behalf of .the authority

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in the authorization of any such contract. Interested directors may be counted in determining the

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presence of a quorum at the meeting of the board of directors of the authority that authorizes the

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contract or transaction.

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     (h) Any action taken by the authority under the provisions of this act may be authorized

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by a vote, at any regular or special meeting, and each such vote shall take effect immediately. The

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board of directors may designate from among its members an executive committee, and one or

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more other committees, each of which, to the extent authorized by the board of directors shall

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have and exercise all authority of the board of directors, except no such committee shall have the

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authority of the board of directors in the reference to the matters set forth in subsection (d) of this

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section, or amending the by-laws of the authority.

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     (i) Any action required by this act to be taken at a meeting of the board of directors or

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any action to be taken at a meeting of the board of directors, or a committee thereof, may be taken

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without a meeting if a consent in writing setting forth the action to be taken shall be signed before

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or after such action by all of the directors or all of the members of the committee, as the case may

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be.

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     (j) Employees of the authority shall not, by reason of such employment, be deemed to be

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employees of the state nor any municipality for any purpose, any purpose of the general laws to

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the contrary notwithstanding.

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     (k) Prior to the board of directors approving amendments of any rates and/or fees, one or

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more hearings must be held to which the public is invited for comment, and notice of these

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hearings shall be advertised in the local newspapers of each of the three (3) towns or a newspaper

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of general circulation in all three (3) towns, and notice shall be posted at each of the three (3)

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town halls, as well as on the internet if possible, at least ten (10), but not more than fourteen (14)

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days, prior to each hearing.

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     (l) Prior to the engagement of external professional services, including, but not limited to,

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legal, accounting, and engineering services, the authority shall be required to solicit competitive

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proposals based on a scope of services defined by the authority. The successful award shall be

 

LC005754 - Page 3 of 4

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based on the applicant's qualifications and fee structure. Retention of services shall not exceed

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three (3) years without obtaining new competitive proposals.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AN ACT TO CREATE THE BRISTOL COUNTY WATER AUTHORITY

AND TO PROVIDE FOR ITS POWERS AND DUTIES

***

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     This act would provide the Bristol County Water Authority with the authority to appoint

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a secretary and treasurer.

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     This act would take effect upon passage.

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