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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