2016 -- H 8220 SUBSTITUTE A

========

LC005747/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

TO INCORPORATE THE WESQUAGE COMMUNITY DISTRICT

     Introduced By: Representatives McEntee, and Craven

     Date Introduced: May 18, 2016

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. All that part of the Town of Narragansett, in the county of Washington and

State of Rhode Island, comprising lots numbered 217, 218, 220, 221, 222, 223, 230, 232, 233,

234, 235, 236, 237, 241, 242, 245, 246, 247, 249, 252, 253, 254, 256, 257, 259, 260, and 262, on

assessor's plat N - H, is hereby incorporated into a district to be called Wesquage Community

District. Said district may have a common seal, sue and be sued, and enjoy all the other powers

generally incident to corporations.

     SECTION 2. Owners of real property situated within said district and assessed upon a

valuation of at least one thousand dollars ($1000), and who are qualified to vote in the city or

town of their residence shall also be eligible to vote and act, in person or by proxy, in all meetings

of the corporation.

     SECTION 3. There shall be an annual meeting of said corporation on the second Sunday

in June of each and every year. The first meeting of said corporation shall be held on the first

Sunday in the month following the enactment of this act in the town of Narragansett within the

limits of the district and may be called by any one or more of the qualified voters of said district.

A vote by ballot shall be taken at said meeting upon the proposition "Shall the Wesquage

Community District be established according to the act of incorporation passed by the general

assembly of the state?" If, at said first meeting, more than thirty-three and one-third percent (33

1/3%) of the persons so voting shall vote in the negative, this act shall become null and void;

otherwise, said the Wesquage Community District shall be established according to the

provisions of this act.

     SECTION 4. The qualified electors of the district at each annual meeting and at any other

meeting when vacancies occur, may elect officers to serve for one year or until the next annual

meeting and until others be chosen in their stead; which officers shall consist of a moderator,

clerk, treasurer, assessor, and a collector of taxes. Any one qualified elector may hold more than

one of said offices. The duties and powers of said officers within said dates shall be such as like

officers of towns of this state have in their respective towns. All meetings of said corporation

shall be called by the clerk, or in the event of their death or inability, by the moderator setting

forth the time and place at which such meeting is to be held. It shall not be necessary that the

purpose of the meeting be specified in the notices posted to call said meeting.

     SECTION 5. Special meetings of said corporation shall be held for purposes pertaining to

the district, provided application in writing be made to the clerk of the corporation by six (6) or

more qualified electors of said district, setting for specifically the whole purpose of the desired

meeting. Notice of any special meeting of the district shall be given by the clerk, by mailing

notice thereof to all qualified electors, not less than ten (10) nor more than twenty-one (21) days

prior to the day appointed for such meeting, setting forth in such notice the time, place, and

purpose for which the meeting is to be held.

     SECTION 6. The qualified electors of the district, at any of their legal meetings, shall

have the power to order such taxes, and provide for assessing and collecting the same, on the real

property in said district, and on the owners of real property in said district, as they shall deem

necessary for purchasing and procuring real estate, buildings, implements and apparatus, and a

supply of water to be used for fire, domestic or other purposes within the limits of the district; for

the payment of the current expenses of the district; for the payment for hire of such Narragansett

police officers or constables and all private security officers as they may deem necessary for the

protection of the property of the inhabitants of the district and for the preservation of the public

peace; for the purchase and posting of such signs as they may deem necessary for the protection

and preservation of property in said district; also for the payment of any indebtedness that has

been or may be incurred by the district; also to pay for constructing, repairing, rebuilding and

maintaining any streets or roads within said district that are not public highways of the town of

Narragansett; to provide for the removal of swill and refuse; to provide a system of sewerage or

drainage, gas, electric, cable, internet, and any other measures for the protection and benefit of the

public health and welfare that may be deemed necessary by said district; and such taxes so

ordered shall be assessed by the assessor of said district on the taxable inhabitants and on the

nonresident owners of real property therein, according to the last valuation made by the assessors

LC005747/SUB A - Page 2 of 3

of the town of Narragansett next previous to said assessment, adding, however, any taxable real

property which may have been omitted by said town assessors or after acquired and in the

assessing and collecting of said taxes such proceedings shall be had by the officers of said

district, as near as may be, as are required to be had by the corresponding officers of towns in

assessing and collecting town taxes. Said district may provide for a penalty by way of percentage

on the tax if not paid at the appointed time, not exceeding twelve percent (12%) per annum, as

shall be deemed necessary to ensure punctual payment; provided, however, the tax assessed and

payable in any one year shall not exceed fifty cents ($0.50) on each one hundred dollars ($100) of

said valuation.

     SECTION 7. For the purpose of raising money to carry the provisions of this act into

effect, said district may authorize and empower its treasurer to raise money upon its official note

or notes in such a sum or sums as it may determine by vote at any regular or special meeting;

provided, however, that said sum or sums shall not exceed in the aggregate the sum of two

million dollars ($2,000,000) in any one year, and shall not at any one time exceed, as an

outstanding obligation, the sum of two million dollars ($2,000,000).

     SECTION 8. No person may commence an action against the district or any of the

officers thereof for damage suffered to person or property by reason of defect, want of repair of

any of the district's property or by reason of the lack of care and diligence on the part of the

district, its officers or servants, in the performance of any of the acts authorized in this charter.

     SECTION 9. The qualified electors of said district shall at any legal meeting have the

power to enact by-laws consistent with this charter, prescribing the duties and powers of the

officers of said district.

     SECTION 10. This act shall take effect on August 31, 2016, and all acts and parts of acts

inconsistent herewith are hereby repealed.

========

LC005747/SUB A

========

LC005747/SUB A - Page 3 of 3