2001-S 936A
Enacted 07/13/2001

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Introduced By:   Senators Blais and Breene Date Introduced:   May 2, 2001

It is enacted by the General Assembly as follows:

SECTION 1. All that part of the town of Scituate described in the following paragraph is hereby incorporated into a district to be called the North Scituate Water District.

The Boundaries of the North Scituate Water District are defined by the limits of:

A. West Greenville Road/East Road (Route 116) - from the Glocester town Line to 400 feet south of Danielson Pike;

B. Hartford Avenue/Hartford Pike - from the Johnston town Line to West Greenville Road (Route 116);

C. Danielson Pike - from Hartford Avenue/Pike to Horseshoe Dam;

D. Samual Stone Road - in its entirety;

E. Elisha Mathewson Road - in its entirety;

F. Overhill Road - in its entirety;

G. Woodland Road - in its entirety;

H. South Woodland Road - in its entirety;

I. Sunnybrook Road - in its entirety;

J. Cedar Lane - in its entirety;

K. Winsor Road - from West Greenville Road to the Johnston town Line;

L. Steere Road - from Winsor Road to the Johnston town Line;

M. Angell Road - in its entirety;

N. Moswansicut Lake Drive - in its entirety;

O. Oak Ridge Road - in its entirety;

P. Pole Bridge Road - from West Greenville Road to 200 feet northwesterly of Colonial Road;

Q. Colonial Road - in its entirety;

R. Alfalfa Drive - in its entirety;

S. Countryside Lane - in its entirety;

T. Birch Lane - in its entirety;

U. Maple Lane - in its entirety;

V. Silk Lane - in its entirety;

W. Institute Lane - in its entirety;

X. Testa Circle (so-called) - in its entirety;

Y. Hesse Lane - in its entirety;

Z. Hanna Lane (so-called) in its entirety;

AA. William F. Angell Lane - in its entirety;

BB. Crestview Drive - in its entirety;

CC. Crestview Circle - in its entirety;

DD. S. Crestview Drive - in its entirety;

EE. Midway Street - in its entirety;

FF. Ridgewood Drive - in its entirety;

GG. Rutland House Road - in its entirety;

HH. Settlers Way - in its entirety;

II. Pine Hill Road - in its entirety;

JJ. Countryview Lane - in its entirety;

KK. Woodsong Drive.

These limits meaning and intending to include the public and private streets, roads, and thorough fares listed and all public and privately held properties and land abutting thereto.

The purpose of the North Scituate Water District shall be to secure, maintain and provide a water supply and water service for all purposes including fire protection, manufacturing and domestic use in said North Scituate Water District. Said district may, within its discretion, sell water to and purchase water from any city or town, any municipal or quasi-municipal corporation, any incorporated water company or any water company owned or operated by a city or town. Said district shall have a common seal, may sue and be sued and enjoy other powers generally incident to corporations.

SECTION 2. The qualified electors of the town of Scituate resident in said district shall be eligible to vote and act in all meetings of the corporation.

SECTION 3. An annual meeting of said district shall be held on the first Monday in May at 7:30 p.m. of each year occurring after the acceptance by the district of this act. Special meetings may be called and held in accordance with the provisions of the by-laws. All meetings of the district, including the first meeting called to act upon the acceptance or rejection of this act, shall be warned by posting a notice of the call of the meeting, which notice shall specify the time and place of the meeting with a reference to the business to be transacted or acted upon at said meeting, in at least three (3) conspicuous places within the district at least seven (7) days next prior to the date of said meeting. All meetings shall be held within the town of Scituate, at such place as specified in the notice of the call or as provided in the by-laws.

SECTION 4. The question of approval of this act shall be submitted to the electors of the town of Scituate at a special election to be held on November 13, 2001, with a quorum of at least ten (10) qualified electors of the district, at the Scituate High School auditorium at 7:30 p.m., and shall be warned by posting a notice of the meeting, which notice shall specify the time and place of the meeting and state that the question to be presented is the submission of the act of incorporation for the approval of the electors of the district. The moderator of the town of Scituate shall serve as the moderator of the meeting. The town of Scituate town clerk shall serve as clerk of such meeting and shall keep the minutes thereof. The meeting shall be governed by the rules pertaining to financial town meetings in the town of Scituate; provided that all votes shall be taken by paper ballot; and provided that votes may be cast by eligible voters not attending the meeting by mail to be mailed to the town clerk or by sealed envelope to be filed at the town clerk's office and in either case to be received at the town clerk's office no later than 4:00 p.m. on November 13, 2001; forthwith after 4:00 p.m. on November 13, 2001 the town clerk shall deliver the ballots received to the board of canvassers who shall tally the votes so received prior to the opening of the meeting and shall advise the moderator of the tally; such ballots (together with envelopes clearly marked as North Scituate Water District ballot) are to be made available by the town clerk at 195 Danielson Pike on and after November 1, 2001 during usual office hours; notice of the availability of such ballots shall be given by the town clerk by posting in at least three public places in the proposed North Scituate Water District on or prior to November 1, 2001. The town of Scituate board of canvassers shall establish the list of voters eligible to vote at the first and all subsequent meetings. The list of voters to be used at the first meeting shall be based upon the list of voters of the town of Scituate established at the last canvass of the list, who shall reside within the said district. The question to be voted on shall be: "Shall the North Scituate Water District be established according to the act of incorporation passed by the General Assembly at its January 2001 session?" In the event that a majority of the electors voting at the said meeting, either in person at said meeting or by ballot cast beforehand as aforesaid, shall vote in the affirmative, then the North Scituate Water District shall be established according to the provisions of this act.

SECTION 5. The officers of the district, their duties and compensation may be fixed and provided by the by-laws, provided that there shall be a manager, a moderator, a clerk, a treasurer, a tax collector, a tax assessor, a board of directors of five members and such other officers as the district may from time to time deem necessary to conduct its business and affairs.

Said district shall cause proper books of record to be kept by its proper officials, and any qualified resident of said district may at all reasonable times inspect said books of record.

The initial officers of the district and the initial board of directors shall be appointed by the town council of the town of Scituate, two members of the board for three (3) year terms, two for two (2) year terms and one for a one (1) year term. In addition, the chief engineer of the water supply board in the city of Providence, or his or her designee, shall serve as an ex officio member of the board. The initial officers and directors shall serve until these successors are elected and qualified at the annual meeting of the district. Unless otherwise provided in the by-laws all officers shall thereafter be elected at the annual meeting of the district to hold office for the term of one (1) year and until their successors are elected and qualified, and the board of directors shall be elected for staggered three (3) year terms. The duties of the officers and directors in the district shall be similar to the duties of like officials in towns except the board of directors which shall have and perform such duties in accordance with law and not inconsistent with the provision of this act. Any vacancy occurring in any office may be filled for the unexpired term in accordance with the provisions of the by-laws. Provided, however, that no individual is to hold more than one (1) office, be it appointed or elective. The board of directors shall meet as often and conduct its meetings in such a manner as shall be prescribed by the by-laws.

SECTION 6. For the purpose of carrying out the provisions of this act the district shall have the right and power to purchase, rent, lease, or otherwise acquire, and to hold, rent, lease, mortgage, sell or otherwise dispose of any real or personal estate or of any interest, claim or other rights therein.

Said district may distribute and provide water for all purposes including fire protection, domestic and manufacturing uses, within or without the district, or may authorize the same to be done, and may regulate the use thereof and the price to be paid therefore, within and without the district and may develop water sources within the district. Said district, for the purpose or purposes aforesaid, may carry any works to be constructed or authorized to be constructed by it, over or under any highway, turnpike, road, street or right of way in such manner as not to obstruct permanently or impede travel thereon; and may enter upon and dig up any highway, turnpike, road, right of way or street for the purpose of laying pipes or building aqueducts upon or beneath the surface thereof, or for the purpose of repairing the same; all such work upon or in the highway or street to be under the direction of the town council of the town in which said road or street is located. Said district shall also have all the powers and privileges conferred upon corporations in general by chapter 7-1.1 of the general laws, as amended, insofar as the same are applicable to, consistent with and not repugnant to the nature and purpose of this act. Said district is hereby authorized to contract for and to procure water for the purposes specified in this act, in such lawful manner as may seem necessary and proper, and for such purposes and in such manner may establish wells and may erect or cause to be erected for its use any buildings, tanks, containers, or other storage and any pipes, pipelines and other equipment that it may deem necessary for its purposes under this act. The North Scituate Water District is hereby authorized and empowered, with the prior approval of the town council, to condemn land, with the exception of property in which the water supply board of the city of Providence or the public buildings authority of the city of Providence, or their assigns, has an interest, not exceeding twenty (20) acres in the town of Scituate for the purpose of providing sufficient water supply; and to condemn rights of way for laying and maintaining pipes and aqueducts within the town of Scituate.

SECTION 7. Said district shall have power to enact by-laws for the regulation and conduct of its meeting and its business, which may include rules and regulations for and the rates and conditions upon which water and service shall be supplied, also rules and provisions under which constables or other officers for the enforcement of law may be engaged for the protection of the property and rights of the district, and for any breach of its by-laws may provide a penalty not to exceed a fine of one hundred dollars ($100.00) to be recovered for the use of said district, or imprisonment for a term not exceeding thirty (30) days for the protection of its property within the district, which penalty may be enforced by prosecution on complaint of any officer of the district or police officer of the town of Scituate before any court of competent jurisdiction.

SECTION 8. The fiscal year of the district shall be from July 1 to June 30 in each year. The qualified electors of the district at any legal meeting shall have power and authority to order such taxes, and provide for assessing and collecting the same, on the taxable inhabitants and upon the ratable real estate and tangible personal property and ratable intangible personal property of said district, as they shall deem necessary for purchasing and procuring real and personal property or any rights therein and for undertaking and carrying out any business or thing lawfully authorized by this act, for the current expenses of the district, for the payment of such police services as they may deem necessary for the protection of the property and operation of the business of the district and also for the payment of any indebtedness that has been incurred by the district for interest thereon; and such taxes so ordered shall be assessed by the assessor of the district on the taxable inhabitants and upon ratable real estate and tangible personal property and ratable intangible personal property therein in accordance with the last valuation made by the assessor of the town wherein the property is located next previous to said district assessment, adding, however, any ratable property which may have been omitted by said town assessor or which has been acquired after said town assessment; and in all cases where the town assessor has included property within the district and property without the district in one (1) valuation the assessor of the district shall make an equitable valuation of that portion of the same lying within the district; and in assessing and collecting 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; and the collector of taxes for said district shall, for the purpose of collecting taxes assessed by said district have the same powers and authority as are now by law conferred on collectors of taxes for towns in this state.

Said district may provide for such deduction from the tax assessed against any person, if paid by an appointed time and/or for such penalty by way of percentage on the tax if not paid at the appointed time, not exceeding twelve (12%) percent per annum, as it shall deem necessary to insure punctual payment.

SECTION 9. Said district may enact all by-laws by it adjudged to be necessary and expedient for carrying the provisions of this act into effect and for the condemnation of land and rights of way as provided in section 6 hereof, provided that no greater penalty be imposed thereby than is prescribed in section 7 hereof, and provided that the same be not in violation of or repugnant to the laws of this state.

SECTION 10. The results of the vote prescribed by section 4 of this act shall be tabulated by the town clerk who shall forthwith send to the Secretary of State a certified copy of the results of the vote upon the questions submitted. The document so sent shall be filed in the office of the Secretary of State and shall be conclusive evidence of the facts therein set forth insofar as they relate to the establishment of said district.

SECTION 11. This section and the section 4 shall take effect upon the passage of this act. The remainder of this act shall take effect upon the approval of this act by a majority of those voting on the question at the election prescribed by section 4.

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