09-LA088

2009 -- H 6081

Enacted 11/13/09

 

 

A N  A C T

CREATING THE OAK RIDGE CONDOMINIUM WATER DISTRICT

     

     

     Introduced By: Representative Rodney D. Driver

     Date Introduced: April 02, 2009

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. (a) There is created a body corporate and public and a political subdivision

of the state, a special water district to be known as the Oak Ridge Condominium Water District.

The Oak Ridge Condominium Water District shall consist of that certain land in the Town of

Richmond delineated as Richmond tax assessor's plat 6F, lot 10, as constituted in June, 2003 and

more commonly known as Oak Ridge Condominiums, 500 Kingstown Road.

     (b) The district is established for the purpose of providing adequate water supply to the

residents of said district, and to others who may contract with the district for water supply.

     SECTION 2. (a) As used in this act, the term "district" shall mean such area and property

as set forth in Section 1(a).

     (b) As used in this act, the term "board" shall mean the enumerated officers elected

pursuant to Section 4(b).

     (c) As used in this act, the term "qualified elector" means the owners of real property

located within the district who are at least eighteen (18) years old. Qualified electors are eligible

to vote in all elections of officers of the district and all meetings of the district; provided, that if

more than one person has an ownership interest in real property and would be a qualified elector

for purposes of this act, that only one such person sharing an ownership interest shall be entitled

to vote at any meeting of the district, such that there shall be not more than one elector for each

water service connection entitled to vote at any meeting of the district.

     SECTION 3. Upon passage of this act a first meeting shall be called by any five (5)

qualified electors of the district for purposes of this Section 3 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. Said notice of the call of the

meeting shall be posted in at least two (2) public places within the district and at the Richmond

Town Hall at least ten (10) days before the meeting. A vote by ballot shall be taken at said first

meeting upon the proposition, "Shall the Oak Ridge Condominium 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 Oak Ridge Condominium 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

who are qualified electors in the district for purposes of this Section 3 and 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 Richmond with a list of the persons who are property owners within the district

and such persons shall be the qualified electors of the district for the purposes of this Section 3.

The name of any person whose right to vote at said meeting is challenged shall be referred by the

moderator to the board of canvassers 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, the district, after acceptance of the act, may proceed

to adopt bylaws and effect a permanent organization or it may adjourn to a date determined by

vote.

     SECTION 4. (a) An annual meeting of said district shall be held on the first Monday of

August at 7:30 p.m. of each year occurring after the acceptance by the district of this act.

     (b) The electors of the district shall elect officers at each annual meeting held on the first

Monday in August, which officers shall be qualified electors of the district. Such officers shall

consist of one moderator who shall serve as chairperson of the board, one clerk, one assessor, one

collector of taxes, and one additional member. These enumerated officers shall constitute the

board of directors, and the powers, duties and obligations of the board are prescribed in sections

5, 6 and 7. At the first annual meeting of the district, the moderator and the clerk shall be elected

for a term ending the first Monday in August, 2012, the assessor and one member shall be elected

for a term ending the first Monday in August, 2011 and the tax collector shall be elected for a

term ending the first Monday in August, 2010. Thereafter, members of the board shall be elected

for a term of office of three (3) years. Any vacancy that may occur in any of the aforementioned

offices between annual meetings shall be filled by a qualified elector to be chosen by the other

members of the board to hold the office until the next annual meeting, provided that no vacancy

in the membership of the board shall impair the right of a quorum to exercise the powers of the

district. Three (3) members of the board shall constitute a quorum and the affirmative vote of

three (3) members shall be necessary for any action taken by vote of the board. Any such action

shall take effect immediately unless otherwise provided and need not be published or posted.

     (c) Special meetings of the district shall be called by the clerk upon order of the board or

upon written application of at least five (5) electors; and whenever the subject of ordering a tax is

to be acted on at any special meeting, the tax shall be mentioned in the notice. It is the duty of the

clerk to fix a suitable place for the holding of all meetings, and to give notice of each meeting,

both annual and special, by posting a notice in at least two (2) public places within the district and

at the Richmond Town Hall at least ten (10) days before the meeting. It shall be the duty of the

assessor of taxes of the district to canvass and correct the voting list in the same manner as that

prescribed in Section 3.

     (d) The qualified electors of the district may, at any meeting, adopt and ordain bylaws,

and, from time to time, rescind or amend the bylaws, as they deem necessary and proper for the

purposes of this chapter and not repugnant to it and not inconsistent with any other law; and

provided that the qualified electors may appoint committees they deem necessary, and may fix

the compensation of all agents, employees, and committees of the district.

     (e) All votes except on motion to adjourn, or on amendment to any pending proposition,

shall be required by the moderator to be so taken, that the votes affirmative and negative may be

by him or her counted, and the results entered by the clerk on the minutes of the meeting.

     SECTION 5. (a) The board may from time to time hire, transfer or otherwise appoint or

employ a treasurer, legal counsel, financial advisors and other such experts, engineers, agents,

accountants, clerks, and other consultants and employees as it deems necessary and determine

their duties.

     (b) Other than as approved by the electors at any meeting, the members of the board shall

receive no compensation, but each member may be reimbursed for all reasonable and necessary

expenses incurred in the discharge of official duties as approved by the electors of the district.

     SECTION 6. The board shall have all the rights and powers necessary or convenient to

carry out and effectuate this chapter, including, but without limiting the generality of the

foregoing, the rights and powers:

     (a) To adopt bylaws for the regulation of its affairs and the conduct of its business, to

promulgate rules, regulations and procedures in connection with the performance of its functions

and duties and to fix, enforce and collect penalties for the violation thereof;

     (b) To adopt an official seal and alter the same at pleasure;

     (c) To maintain an office at such place or places as it may determine;

     (d) To apply for, receive, accept, administer, expend and comply with the conditions,

obligations and requirements respecting any grant, gift, loan, including without limitation any

grant, gift or loan from agencies of local, state and federal governments, donations, donation or

appropriation of any property or money in aid of the purposes of the district and to accept

contributions of money, property, labor or other things of value;

     (e) To acquire by purchase, lease, lease-purchase, sale and leaseback, gift or devise, or to

obtain options for the acquisition of any water or water rights and any other property, real or

personal, tangible or intangible, or any interest therein, in the exercise of its powers and the

performance of its duties;

     (f) To sell, lease, mortgage, exchange, transfer to otherwise dispose of, or to grant options

for any such purposes with respect to, any water, water rights and any other property, real or

personal, tangible or intangible, or any interest therein;

     (g) To enter onto any land to make surveys, borings, soundings, and examinations

thereon, provided that said district shall make reimbursements for any injury or actual damage

resulting to such lands and premises caused by any act of its authorized agents or employees and

shall so far as possible restore the land to the same condition as prior to the making of such

surveys, borings, soundings and examinations;

     (h) To purchase water in bulk or by volume, and to sell water to, any person, private or

public corporation or public instrumentality or municipality, the state and the federal government;

     (i) To construct, improve, extend, enlarge, maintain and repair the water works system;

     (j) To pledge or assign any money, fees, charges, or other revenues of the district and any

proceeds derived by the district from the sale of property, or insurance awards;

     (k) To borrow money and incur indebtedness as hereinafter provided;

     (l) To make contracts of every name and nature and to execute and deliver all instruments

necessary or convenient for carrying out any of its purposes;

     (m) To establish public hydrants in public places as it may see fit and prescribe for what

purposes the public hydrants are used, all of which it may change in its direction;

     (n) To enter into contracts and agreements with municipalities in all matters necessary,

convenient or desirable for carrying out the purposes of this chapter including, without limiting

the generality of the foregoing, collection or revenue, data processing, election and other matters

of management, administration, construction and operation;

     (o) To sue and be sued and to prosecute and defend actions relating to its properties and

affairs; provided that only property of the district shall be subject to attachment or levied upon

execution or otherwise;

     (p) To lend money for its purposes, invest and reinvest its funds and at its option to take

and hold real and personal property as security for the funs so loaned or invested;

     (q) To do all things necessary, convenient or desirable for carrying out the purposes of

this chapter or the powers expressly granted or necessarily implied in this chapter, including

entering into agreements with other cities, towns or other districts to provide for the joint

operation of water supply activities;

     (r) Consistent with the constitution and laws of the state, the board shall have such other

powers, including all powers pertaining to the water works system not inconsistent herewith, as

may be necessary for or incident to carrying our the foregoing powers and the accomplishment of

the purposes of this chapter; provided, however, that nothing in this chapter shall impose any duty

on the board to maintain groundwater levels within or without the boundaries of the district.

     SECTION 7. In addition to the powers of the board otherwise provided herein, the board

shall have the following powers and shall be subject to the following limitations;

     (a) The board is authorized and empowered to fix, revise, charge, collect and abate fees,

rates, rents, assessments, delinquency charges and other charges for water, and other services,

facilities and commodities furnished or supplied by it including penalties for violations of such

regulations as the board may from time to time promulgate under this chapter. Fees, rates, rents,

assessments, delinquency charges and other charges of general application shall be adopted and

revised by the board in accordance with procedures to be established by the board for assuring

that interested persons are afforded notice and an opportunity to present data, views and

arguments. Such fees, rates, rents, assessments and other charges may be based on the quantity of

water used or the number and kind of water connections, made or the number and kind of

plumbing fixtures installed on the estate, or upon the number or average number of persons

residing or working in or otherwise connected with the estate, or upon any other factor affecting

the use of or the value or cost of the water and water facilities furnished, or upon any combination

of these factors. The board shall hold at least one public hearing on its schedule of fees, rates, and

charges or any revision thereof prior to adoption, notice of which shall be published in a

newspaper of substantial circulation in the district at least one month in advance of the hearing.

No later than the date of such publication the board shall make available to the public the

proposed schedule of fees, rates and charges. Fees, rates, rents, assessments, abatements and other

charges established by the board shall not be subject to supervision or regulation by any

department, division, district, board, bureau, or agency of the state or any of its political

subdivisions, including, without limitation, the public utilities commission and the division of

public utilities pursuant to chapter 1-5 of title 39 of the general laws.

     (b) The fees, rates, rents, assessments and other charges established by the board in

accordance with paragraph (a) shall be so fixed and adjusted in respect to the aggregate thereof so

as to provide revenues, which, when added to taxes, if any, collected pursuant to Section 12

hereof, are at least sufficient:

      (1) To pay the current expenses of the district;

     (2) To pay the principal of, premium, if any, and interest on evidences of indebtedness

issued by the board under this chapter as the same become due and payable;

     (3) To create and maintain such reasonable reserves as may be reasonably required by

any trust agreement;

     (4) To provide funds for paying the cost of all necessary repairs, replacements and

renewals of the water works system; and

     (5) To pay or provide for any amounts which the district may be obligated to pay or

provide for by law or contract.

     (c) In order to provide for the collection and enforcement of its fees, rates, rents,

assessments and other charges, the board is hereby granted all the powers and privileges with

respect to such collection and enforcement held by a town with respect to liens for unpaid taxes.

     In addition to the other enforcement powers and remedies provided in this chapter, if any

fees, rates, rents, assessments or other charges billed by the board against any premises which are

connect with the water works system remain unpaid for a period of more than sixty (60) days

from the due date thereof, and following such period notice and demand have been posted on

such premises and have been given to the owner of said premises, by registered or certified mail

addressed to said premises and to the address of said owner as shown on the records of the

assessor of the municipality where the premises is located and to occupants of said premises by

mail, to pay the same within fifteen (15) days from the date of mailing of said notice, and such

fees, rates, rents, assessments or other charges remain unpaid, the board shall have the power and

is hereby authorized to shut off the supply of water to said premises until said fees, rates, rents,

assessments or other charges and penalties are paid, together with interest thereon at the

applicable rate and the standard charge of the district for restoring water service to said premises.

     (d) Not later than one hundred eighty (180) days following the end of the district's fiscal

year, which shall end on June 30, of each year, the board shall make an annual report of its

activities for the preceding fiscal year to the qualified electors, including its budget and operation

plans. Each report shall set forth a complete operating and financial statement covering its

operations during the year. The board shall cause the books, records and accounts of the district to

be reviewed or audited by a certified public accountant. The board shall forward copies of the

district's annual report to the town of Richmond, the Rhode Island Water Resources Board

Corporation and the state's department of health.

     SECTION 8. (a) The board is authorized to obtain and maintain for the district a supply

of water for the extinguishing of fire and for distribution to the inhabitants of the district, for

domestic use and for other purposes, and may obtain that water by the establishment of its own

works, or by contracting for it as provided in subsection (c), or in any other manner that the board

may deem necessary and proper, and is not inconsistent with law. The district may also furnish

water to inhabitants outside of the boundaries of the district. If the district undertakes to distribute

the water so obtained, it shall have the exclusive right to it, and may maintain an action against

any person for using the water without the consent of the district, and may regulate the

distribution and use of the water within and without the district. Nothing in this section, or any

other section of this chapter, shall be construed as giving to the district an exclusive franchise to

furnish water outside of the boundaries of the district.

     (b) Without limiting the generality of the previous provisions as to fees, rates, rents,

assessments and charges, any contract of the sale of water to inhabitants outside of the boundaries

of the district may be recorded in the same manner as a deed of land, and, upon the recording, the

obligations of the owner of the real property involved exist as a lien on the property and the lien

is enforceable in the same manner as taxes assessed on real estate are by law collected.

     (c) The board is authorized to contract, for periods not exceeding forty (40) years, with

the state, any other municipal or quasi-municipal corporation, or with the owners of any privately

owned water system for the purchase or sale of water or for the use of water facilities, and the

state, the other municipal or quasi-municipal corporations, and the owners of privately owned

water systems are authorized to enter into contracts with the district. Notwithstanding subdivision

39-1-2(20) of the general laws, neither the district nor its governing body shall be deemed to be a

public utility, and the district and its governing body shall not be subject to chapters 1-5 of title

39 of the general laws.

     SECTION 9. The district is not authorized or empowered to condemn land or to exercise

the power of eminent domain, or to issue bonds, without an express legislative act of the general

assembly.

     SECTION 10. The board may within and without the district drive, lay, make, construct,

and maintain pipes, aqueducts, conduits, machinery, or other equipment or appliances, or

authorize the construction and maintenance to be done, and regulate their use; and may carry any

works to be constructed, or authorized to be constructed by it, over or under any highway,

turnpike, railroad, or street, in any manner so as not to permanently obstruct or impede travel; and

may enter upon and dig up any highway, turnpike, road or street for the purpose of laying down

pipes or building aqueducts, upon or beneath the surface or for the purpose of repairing the pipes

or aqueducts, and, if in the course of the making, constructing, or repairing, any pipe, conduit, or

other structure lawfully located in a highway, turnpike, road, or street is damaged, or if the

location of the pipe, conduit, or other structure is changed, the district shall reimburse the owner

of the pipe, conduit, or other structure for the damage, or for the expense of the change of

location. The board shall restore the highway, turnpike, road, or street so dug up, to as good a

condition as before the work was done.

     Prior to commencing construction in any municipality, the board shall obtain consent of

the municipality for such construction.

     SECTION 11. The qualified electors of the district, at any of the meetings of the district, have

power to order taxes, and provide for assessing and collecting the taxes on the ratable real estate

and tangible personal property of the district, as they deem necessary for the purpose of: a)

Obtaining and maintaining a supply of water and distributing the water for the extinguishing of

fire; b) For power, domestic, and other uses; c) For establishing and maintaining and constructing

water works and driving wells, and operating the water works and wells; d) For acquiring and

leasing real estate and other property and property rights necessary for a water supply, and laying

and maintaining pipes, conduits, aqueducts and other structures connected with them, and

purchasing implements, machinery, and other appliances; e) For the payment of the current

expenses of the district; f) For the payment of officers, employees, and other agents as the district

and the board are authorized to elect, appoint, or otherwise choose under this act; and g) For the

payment of any indebtedness that has been or may be incurred by the district. The taxes so

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

in the district according to the last valuation made by the assessors of the town or towns wherein

the property to be assessed lies, next previous to the assessment, adding, however any taxable

property which may have been omitted by the town assessors or afterwards acquired, using the

assessed valuation made by the assessor of the town where such property lies. In all cases where

the town assessors have included property within and without the district in one valuation, the

assessor of the district shall make an equitable valuation of that portion of the property lying

within the district; and in the assessing and collecting of the taxes, proceedings shall be had by

the officers of the district, as near as may be, as are required to be held by the corresponding

officers of towns in assessing and collecting town taxes. All taxes assessed against any person in

the district shall constitute a lien upon his or her real estate therein for a period of three (3) years

after the assessment, and, if the real estate be not alienated, then until the taxes are collected, as

provided in chapter 9-1, et seq., of title 44 of the general laws. The collector of taxes for the

district shall, for the purpose of collecting taxes assessed by the district, have the same powers

and authority as are now by law conferred on collectors of taxes for towns in this state. The

qualified electors of the district may provide for a deduction, from the tax assessed against any

person if paid by an appointed time, or 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 they deem necessary to

insure punctual payment.

     SECTION 12. Any evidences of indebtedness issued or entered into under the provisions

of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the state or of

any city or town, but shall be payable solely from the revenues, general or special of the district.

All evidences of indebtedness, shall contain on the face thereof a statement to the effect that

neither the state nor any city or town shall be obligated to pay the same and that neither the faith

and credit nor the taxing power of the state or of any city or town is pledged to the payment of the

principal of or interest on such indebtedness.

     SECTION 13. All moneys received pursuant to the provisions of this chapter, whether as

revenues or otherwise, shall be deemed to be trust funds to be held and supplied solely as

provided in this chapter.

     SECTION 14. The district and all its revenues, income, and real and personal property

shall be exempt from taxation and from betterments and special assessments and the district shall

not be required to pay any tax, excise or assessment to or for the state or any of its political

subdivision; provided, however, that the board is authorized to enter into agreements to make

annual payments in lieu of taxes with respect to property of the district, if any, located outside the

district. Bonds and notes issued under this act and their transfer and the income therefrom,

including any profit made on the sale or exchange thereof, shall at all times be exempt from

taxation by the state and all political subdivisions of the state. The district shall not be required to

pay any transfer tax of any kind on account of instruments recorded by it or on its behalf.

     SECTION 15. If any person maliciously or wantonly destroys or damages any hydrant,

pipe, aqueduct, conduit, machinery, equipment, appliance, or other property of the district used

for the purposes provided for in this chapter, that person, whether principal or accessory, forfeits

to the district, to be recovered by an action of trespass on the case, treble the amount of damages

which appear to have been sustained, and shall also be liable to indictment, and, upon conviction,

shall be fined not more than one hundred dollars ($100) or imprisoned not more than one year, or

shall suffer both fine and imprisonment.

     SECTION 16. The district shall at all times keep full and accurate accounts of its

receipts, expenditures, disbursements, assets and liabilities, which shall be open to inspection by

any officer or duly appointed agent of the state.

     SECTION 17. Upon termination or dissolution of the district, the title to all funds and

other properties owned by it which remain after payment of all bonds and notes and other

obligations of the district shall vest in the town of Richmond.

     SECTION 18. Except as otherwise provided herein, any provisions of any special law

and part of any special law and all ordinances and parts of ordinances pertaining to the water

works systems which are inconsistent with the provisions of this chapter shall be inoperative and

ceases to be effective.

     SECTION 19. The provisions of this chapter shall be deemed to provide an exclusive and

complete method for the doing of the things authorized hereby and shall be deemed and construed

to be not in derogation of, powers conferred upon the district by law; provided, however, that

insofar as the provisions of this act are inconsistent with the provisions of any general or special

law, administrative order or regulation, or law of any municipality, the provisions of this act shall

be controlling.

     SECTION 20. The state does hereby pledge to and agree with the holders of the bonds,

notes and other evidences of indebtedness of the district that the state will not limit or alter rights

hereby vested in the district until the bonds, notes, or other evidences of indebtedness, together

with interest thereon, with interest on any unpaid installment of interest and all costs and

expenses in connection with any actions or proceedings by or on behalf of the bondholders and

noteholders, are fully met and discharged.

     SECTION 21. This chapter, being necessary for the welfare of the district and its

inhabitants, shall be liberally construed to effect the purposes hereof.

     SECTION 22. This act shall be construed in all respects to meet all constitutional

requirements. In carrying out the purposes and provisions of this act, all steps shall be taken

which are necessary to meet constitutional or other legal requirements whether or not these steps

are expressly required by statute. If, after the application of the provisions of this section, any of

the provisions of this act, or its application to any circumstances, shall be held unconstitutional by

any court of competent jurisdiction, that decision shall not affect or impair the validity of the

application of those provisions to other circumstances or the validity of any of the other

provisions of this act.

     SECTION 23. The district shall be subject to chapter 46 of title 42 of the general laws

entitled "Open Meetings."

     SECTION 24. This Section and Section 3 of this act shall take effect upon the passage of

this act. The reminder of this act shall take effect upon the approval of a majority of those voting

on the question at the election prescribed by Section 3.

     

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LC02373

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