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 Chopmist Water District.

The boundaries of the Chopmist Water District are beginning at a point on the northerly line of Danielson Pike, at the southeasterly corner of Assessor's Plat 30--Lot 27, thence northerly four hundred (400) feet from Danielson Pike, along the easterly line of said Lot 27; thence turning and running westerly, four hundred (400) feet northerly and parallel to said northerly line of Danielson Pike, across said Lot 27, and across Assessor's Plat 30 -- Lots 48, 58, 57, 53 and Assessor's Plat 28 -- Lots 15, 21 and 38, and encompassing Assessor's Plat 30 -- Lots 47, 50 and 28, to the westerly line of said Lot 38; thence turning and running southerly along said westerly line of Lot 28, four hundred (400) feet and across Danielson Pike to its southerly line; thence turning and running easterly along said southerly line of Danielson Pike to the northwesterly corner of Assessor's Plat 35--Lot 43; thence turning and running southerly along the westerly line of said Lot 43 to its southwesterly corner; thence turning and running easterly along the southerly line of said Lot 43 and southerly lines Assessor's Plat 35 -- Lots 29, 28, and 26, to the southeasterly corner of said Lot 26; thence turning and running northerly along the easterly line of said Lot 26 to said southerly line of Danielson Pike; thence turning and running easterly along said southerly line of Danielson Pike to the northwesterly corner of Assessor's Plat 34 -- Lot 22; thence turning and running southerly four hundred (400) feet from said southerly line of Danielson Pike, along the westerly line of said Lot 22 to its southwesterly corner; thence turning and running easterly, four hundred (400) feet southerly and parallel to said southerly line of Danielson Pike, across said Lot 22 and across Assessor's Plat 34 -- Lots 32 and 29, to the easterly line of said Lot 29; thence turning and running northerly along said easterly line of Lot 29 and across Danielson Pike to the northerly line of Danielson Pike; thence turning and running easterly along said northerly line of Danielson Pike to the point and place of beginning. These boundaries meaning and intending to include all properties traversed or encompassed by the boundary limits.

These limits meaning and intending to include the public and private streets, roads, and thoroughfares and all public and privately held properties.

The purpose of the Chopmist Water District shall be to develop, secure, maintain and provide a water supply and water service for all purposes including fire protection, manufacturing and domestic use in said Chopmist 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 bylaws. 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 bylaws.

SECTION 4. Upon petition signed by each of the district residents, who are qualified electors within said district as described herein, requesting that such district be created as set forth herein, filed with the town clerk of the town of Scituate, and the acceptance of such petition by a majority of the town council of said town of Scituate, then the Chopmist Water District shall be established according to the provisions of this act. Such petition shall provide that "We the undersigned, hereby request that the Chopmist Water District be established according to the act of incorporation passed by the General Assembly at its January 2002 session."

SECTION 5. The officers of the district, their duties and compensation may be fixed and provided by the bylaws, 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 (5) 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 elected at the district's first meeting, and two (2) members of the board shall be elected for three (3) year terms, two (2) for two (2) year terms and one (1) for a one (1) year term. The initial officers and directors shall serve until their successors are duly elected and qualified at the annual meeting of the district. Unless otherwise provided in the bylaws 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 duly 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 bylaws. 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 meeting in such a manner as shall be prescribed by the bylaws.

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. The district shall have the right and power to borrow monies in the aggregate amount of not more than two million dollars ($2,000,000).

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.

SECTION 7. Said district shall have power to enact bylaws 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 bylaws may provide a penalty not to exceed a fine of one hundred dollars ($100) 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 provided 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 for 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 and 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 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 percent (12%) per annum, as it shall deem necessary to insure punctual payment.

SECTION 9. Said district may enact all bylaws by it adjudged to be necessary and expedient for carrying the provisions of this act into effect and for 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 section 4 shall take effect upon passage of this act. The remainder of this act shall take effect upon the petition by the electors within said Chopmist Water District and acceptance of such petition by a majority of the town council of the town of Scituate as prescribed by section 4.