Chapter 240

2012 -- H 8031

Enacted 06/12/12

 

A N A C T

RELATING TO ALTON VILLAGE WATER DISTRICT

 

     Introduced By: Representative Larry Valencia

     Date Introduced: April 03, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 4 and 32 of Chapter 111 of the 2010 Public Law entitled “An Act

Relating to Alton Village Water District” are hereby amended as follows:

 

     SECTION 4. Officers constituting board –– Powers –– Bylaws –– Elections. –– (a) The

electors of the district shall at each annual meeting elect officers to serve until the next

succeeding first Monday in May and until their successors are elected and qualified, and the

offices shall consist of a moderator, clerk, treasurer, one (1) assessor, and a collector of taxes,

whose duties and powers are within the district, as like officers proper for a district. The officers

constitute the board, and the duties of the board are prescribed in this chapter. Any vacancy that

may occur in any of the aforenamed offices between annual meetings shall be filled by some

person to be chosen by the other members of the board to hold the office until the next annual

meeting. The 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; provided, that no

greater penalty is inflicted imposed by the board than is prescribed in Section 12; and provided,

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

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

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

Monday in May or at such intervals and on such dates as a majority of the electors present at a

regular meeting shall determine, provided that regular elections shall be held not less than once

every four (4) years. Such officers shall consist of a moderator, clerk, one (1) assessor, one (1)

collector of taxes, and one (1) additional member, whose duties and powers are within the district,

as like officers proper for a district. These enumerated officers shall constitute the board, and the

duties of the board are prescribed in this chapter. At the first meeting of the district, the moderator

and one (1) additional member shall be elected for a term ending the first Monday in May, 2013

2016, two (2) members shall be elected for a term ending the first Monday in May, 2012 2015

and one (1) member shall be elected for a term ending the first Monday in May, 2011 2014.

Thereafter, members of the board shall be elected for a term of office of three (3) years, or such

other term as a majority of electors present at a regular meeting shall determine in order to

conform with any changes to the frequency of elective meetings approved by the electors in

conformity with this paragraph (a). Any vacancy that may occur in any of the aforenamed offices

between regular meetings shall be filled by some person to be chosen by the other members of the

board to hold the office until the next regular meeting. The 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 electors may appoint committees they

deem necessary, and may fix the compensation of all agents, employees, and committees of the

district.

     (c) For a person to become a candidate at any election under this section, that person

must be a resident of the district and secure the signatures of at least five (5) registered voters in

the district. The water district petition must be filed in the office of the clerk of the district not

later than 4:00 p.m. on the tenth day prior to the election, and the clerk shall certify as to whether

a sufficient number of signers have affixed their signatures to the petition.

     (d) The general election laws shall govern elections under this section so far as applicable

and consistent with the provisions of this chapter. Paper ballots may be used for the elections and

the elections shall be at the expense of the district. The ballots shall contain no designation of

party or political principle and there shall be no primaries or other preliminary election.

     (e) All elections shall be at large. 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 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.

     SECTION 32. The first meeting shall be called by any five (5) qualified electors of the

district for purposes of this Section 32 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

months from the date of the passage of this act June 30, 2013. A vote by ballot shall be taken at

said first meeting upon the proposition, "Shall the Alton Village 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 Alton Village 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 32, who shall act at the meeting as a board of

canvassers. Said board of canvassers shall be provided by the board of canvassers of the town of

Richmond with lists of the persons who are registered voters within the district and such persons

shall be the qualified electors of the district for the purposes of this Section 32. 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 bylaws

and effect a permanent organization or it may adjourn to a date determined by vote.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02354

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