08-LA087
2008 -- H 8372
Enacted 07/05/08
A N A
C T
TO INCORPORATE THE
ABBEY LANE CONDOMINIUM ASSOCIATION, INC. WATER DISTRICT
Introduced By:
Representative Timothy A. Williamson
Date Introduced: June 12,
2008
It is
enacted by the General Assembly as follows:
SECTION
1. All that part of the town of Foster described in the following paragraph is
hereby
incorporated into a special water district to be called the Abbey Lane
Condominium
Association,
Inc. Water District.
The
boundaries of the Abbey Lane Condominium Association, Inc. Water District are
defined
by the limits of:
(A)
Tax Assessor's Plat 17, Lot 47A as set forth on the tax assessor's maps of the
town of
Foster,
Rhode Island, and located on Abbey Lane in said town of Foster.
These
limits meaning and intending to include the public and private streets, roads,
and
thoroughfares
listed and all public and privately held properties and land abutting thereto.
As
used in this act, the term "the district" shall mean such area and
property as set forth
in Tax
Assessor's Plat 17, Lot 47A the tax assessor's maps of the town of Foster,
Rhode Island,
and
located on Abbey Lane in said town of Foster.
The
purpose of the Abbey Lane Condominium Association, Inc. 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 Abbey Lane Condominium Association, Inc. 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. Said
district shall also
have
powers and control over all septic systems in said district, provided that such
powers shall
not be
exercised in violation of any rule pertaining to septic systems established by
either the
department
of health or the department of environmental management. Provided further, said
district
shall not have powers of eminent domain, of condemnation, or to issue bonds,
without an
express
legislative act of the general assembly.
SECTION
2. The qualified electors of the town of Foster who are also residents 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
Foster, at such
place
as specified in the notice of the call or as provided in the by-laws.
SECTION
4. The first meeting shall be called by any five (5) qualified electors of the
district
for purposes of this Section 4 and shall be held at such time and place as is
specified in the
notice
of the call of the meeting, provided that said date shall occur not later than
twelve (12)
months
from the date of the passage of this act. A vote by ballot shall be taken at
said first
meeting
upon the proposition, "Shall the Abbey Lane Condominium Association, Inc.
Water
District
be established according to the act of incorporation passed by the general
assembly of the
state?"
If a majority of the persons so voting shall vote in the affirmative then said
Abbey Lane
Condominium
Association, Inc. Water District shall be established according to the
provisions of
this
act, but if a majority of the persons so voting shall vote in the negative,
then this act shall
become
null and void. Said first meeting shall be organized by the election of a
moderator, a
clerk,
and a committee of three (3) persons, qualified electors in the district for
purposes of this
Section
4, who shall act at the meeting as a board of canvassers. Said board of
canvassers shall be
provided
by the tax assessor of the town of Foster with lists of the persons who are
property
owners
within the district and shall also be provided by the Abbey Lane Condominium
Association,
Inc. with a list of the persons who are ratepayers within the service area of
the
condominium
association, and such persons shall be the qualified electors of the district
for the
purposes
of this section; provided, that if more than one person has an ownership
interest in real
property
or more than one person shares a water service connection, for purposes of this
section,
then
only one such person sharing an ownership interest or sharing a connection
shall be entitled
to
vote, such that there shall be not more than one elector for each water service
connection
entitled
to vote. The name of any person whose right to vote at said meeting is
challenged shall be
referred
by the moderator to the committee who shall forthwith determine the question as
to
whether
said person is qualified to vote and take part in the proceedings of the
meeting and shall
so
report forthwith to said moderator. At said meeting said district, after
acceptance of the act,
may
proceed to adopt by-laws and effect a permanent organization or it may adjourn
to a date
determined
by vote.
SECTION
5. The officers of the district, their duties and compensation may be fixed and
provided
by the by-laws of the water district, 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 by
members
of the water district after and if there is a successful passage of this act in
accordance
with
the vote prescribed in the previous section. The initial terms of said initial
board shall consist
of two
(2) members of the board for three (3) year terms, two (2) for two (2) year
terms, and one
for a
one year term. The initial officers and directors shall serve for the initial
terms provided and
until
their 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 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 provisions 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 office, be it appointed or elected.
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, the quantity available for, and the rate or
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 contract to carry out any works to
be
constructed
or authorized to be constructed by it, over or under any highway, turnpike,
road,
street
or right-of-way of the district 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
of the
district 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, and also to have authority to construct, modify, and/or remove any septic
system or leach
field
within said district. Provided, the Abbey Lane Condominium Association, Inc.
Water
District
is not authorized and empowered to condemn land or to exercise the power of
eminent
domain.
Provided further, that the district shall not permit persons outside of the
district to tie
directly
into the district's water system via water or sewer pipes or similar devices.
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) 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 Foster 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 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 or 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 by-laws by it adjudged to be necessary and
expedient
for carrying out the provisions of this act into effect; provided that the same
shall not
be 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 of the town of Foster 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 approval of this act by a majority of
those voting
on the
question at the election prescribed by Section 4.
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LC03048
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