Chapter 206

2003 -- H 5056 SUBSTITUTE A

Enacted 07/15/03

A N A C T

RELATING TO TOWNS AND CITIES -- CHOPMIST WATER DISTRICT

Introduced By: Representatives Mumford, McManus, Moffitt, and Trillo

Date Introduced: January 14, 2003

It is enacted by the General Assembly as follows:

SECTION 1. (a) 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 running

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, 57,

58, 53 and Assessor's Plat 28 -- Lots 15, 21 and 38, and partially across Assessor's Plat 28 – Lot

14 to a point two hundred (200) feet west of the westerly line of said Lot 38 on Assessor's Plat

28; this course encompassing Assessor's Plat 30 -- Lots 47, 50 and 28 and Assessor's Plat 28 –

Lot 13; thence turning and running southwesterly across said Lot 14 and across said Danielson

Pike to a point on the southerly line of Danielson Pike, said point being at the northwesterly

corner of Assessor's Plat 35 – Lot 30; thence turning and running southerly along the westerly

line of said Lot 30 and along a portion of the westerly line of Assessor's Plat 35 – Lot 48 to a

point one hundred fifty (150) feet south of the southerly line of said Lot 30; thence turning and

running easterly across said Plat 35 – Lot 48, along the southerly lines of Assessor's Plat 35 –

Lots 43, 29 and 28, across a northwesterly portion of Assessor's Plat 35 – Lot 25, across

Assessor's Plat 35 – Lot 58, and along an east-west line between said Lot 58 and portion of said

Lot 25, to the easterly line said Lot 58; this course encompassing Assessor's Plat 35 – said Lot 30,

Lots 43, 29,28 and 26; thence turning and running northerly along said easterly line of Lot 58 to a

point four hundred (400) feet south of the of the southerly line of said Danielson Pike; thence

turning and running easterly four hundred (400) feet southerly and parallel to the southerly line of

said Danielson Pike, across said Lot 25, and across 34 -- Lots 22, 32, 29, 21 and 47, to a point

on the easterly line of said Lot 47; thence turning and running northerly along said easterly line of

Lot 47 to a point on the southerly line of said Danielson Pike; said point being the northeasterly

corner of said Lot 47; thence turning and running northwesterly across said Danielson Pike to the

point and place of beginning on the northerly line of said Danielson Pike. The boundary herein

described traversing or encompassing twenty-six (26) Assessor Plat parcels of land. 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.

(b) The district is hereby constituted an independent public instrumentality for the

purposes of providing adequate water supply to the residents of said district and to others who

may contract with the district for water supply and the exercise by the district of the powers

conferred by this chapter shall be deemed and held to be the performance of an essential public

function. The district shall not be subject to the supervision of the town or of any department,

commission, board, bureau or agency of the town except to the extent and in the manner provided

in this chapter.

SECTION 2. Electors. -- The inhabitants of the district who are at least eighteen (18)

years old and (1) are qualified to vote for town officers; or (2) are property owners within the

district; or (3) are ratepayers within the district are qualified electors of the district for purposes of

this act and are eligible to vote in all elections of officers of the district and at all meetings of the

district.

SECTION 3. Organizational meeting. The district shall hold an organizational meeting

on Monday, August 4, 2003, at 7:30 PM for the purposes of electing three (3) members of the

board, one (1) of whom shall be elected for a one (1) year term, one (1) of whom shall be elected

for a two (2) year term, and one (1) of whom shall be elected for a three (3) year term. For the

purposes of conducting the organizational meeting, the two (2) members of the board appointed

by the town council shall serve as the canvassers, pro tempore, and one (1) shall serve as clerk

pro tempore.

SECTION 4. Regular and special meetings -- Voting. – (a) The district shall hold a

regular meeting on the first Monday in May in every year.

(b) 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 levy,

assessment, fee, rate or rates as provided for in section 9 is to be acted on at any special meeting,

such levy, assessment, fee, rate or rates shall be mentioned in the notice.

give notice of each meeting, both annual regular and special, by positing a notice in at least two

(2) conspicuous places within the district and at the Scituate Town Hall at least ten (10) days

before the meeting, and the notice shall contain a statement of the time and place when and where

a meeting will be held for the purpose of correcting and canvassing the voting list to be used at

the organizational, regular or special meeting, and it is the duty of the canvassers to canvass and

correct the voting list for the district.

(d) No vote, except upon an adjournment, or in the annual election of officers, shall be

taken at any meeting of the district unless at least seven (7) electors are present at the meeting.

On demand of at least three (3) of the qualified electors of the district present at any meeting for a

ballot on any question pending at the meeting, the ballot shall be allowed; and 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. Composition of board. -- Except as otherwise provided in this chapter, the

powers of the district shall be exercised by a board of five (5) members, as herein provided for.

Three (3) of the members shall be residents of the district, and elected by the district, for terms of

three (3) years except as provided for in section 4. Two (2) of the members shall be appointed by

the Scituate town council and shall be residents of the town who have knowledge of water supply

issues or the management of public bodies. The members who are first appointed by the town

council shall serve in office for terms of two (2), and three (3) years, respectively. Thereafter, the

members shall be appointed for a term of three (3) years or, in the case of an appointment to fill a

vacancy, for the unexpired term, and until his or her successor is appointed and qualified. A

member shall hold office until his or her successor has been elected or appointed, and qualified.

Any member of the board shall be eligible for reelection or reappointment. Any appointed

member of the board may be removed by the town council at any time for cause shown. No

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

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

two (2) 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 6. Officers and employees of board. -- (a) The chairperson of the board shall

be selected by the majority vote of the members of the board. The board shall appoint a

secretary, a treasurer, and two (2) canvassers who may or may not be members of the board.

(b) The board may from time to time hire, transfer or otherwise appoint or employ legal

counsel, financial advisors and such other experts, engineers, agents, accountants, clerks, and

other consultants and employees as it deems necessary and determine their duties.

SECTION 7. Compensation of board members. -- The members of the board shall

receive no compensation for the performance of their duties under this chapter. Provided,

however, each member may be reimbursed for all reasonable and necessary expenses incurred in

the discharge of official duties as approved by the board.

SECTION 8. Powers. -- 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;

(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, 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 or 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 making of such surveys, borings,

soundings and examinations; and to acquire by eminent domain any interest in real property

within the district in the name of the district in accordance with the provisions of this chapter;

(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, insurance or condemnation awards;

(k) to borrow money and incur indebtedness and issue its bonds and notes 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 discretion;

(n) to enter into contracts and agreements with the town in all matters necessary,

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

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

management, administration 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 other than revenues pledged to the payment of

bonds and notes 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 funds 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 districts to provide for the joint operation of water

supply activities;

(r) consistent with the constitution and laws of the state, the district 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 out 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 district to maintain groundwater levels within or without the boundaries of the district.

SECTION 9. Additional powers and limitations. -- In addition to the powers of the

district otherwise provided herein, the district shall have the powers set forth below and shall be

subject to the limitations herein set forth. Except as may be expressly limited by action of the

district at a regular or special meeting, the board shall have the powers necessary to put into effect

the powers of the district as set forth below and as herein limited.

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

rates, rents, and 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 district 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 district in accordance with procedures to be established by the district 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 district shall hold at least one (1) 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 (1) month in advance of the

hearing. No later than the date of such publication the district 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 district 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 chapters 1-5 of title 39 of the general laws.

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

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

as to provide revenues at least sufficient (i) to pay the current expenses of the district, (ii) to pay

the principal of, premium, if any, and interest on bonds, notes, or other evidences of indebtedness

issued by the district under this chapter as the same become due and payable, (iii) to create and

maintain such reasonable reserves as may be reasonably required by any trust agreement or

resolution securing bonds and notes, (iv) to provide funds for paying the cost of all necessary

repairs, replacements and renewals of the water works system, and (v) to pay or provide for any

amounts which the district may be obligated to pay or provide for by law or contract including

any resolution or contract with or for the benefit of the holders of its bonds and notes.

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

respect to such collection and enforcement held by a town of 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 district against any premises which

are connected with the water works stem 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 town 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 district 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) In the month of January of each year the board shall make an annual report, which

shall be a public record and which shall be submitted to the town council, with a copy provided to

the Rhode Island Water Resources Board and the Rhode Island Department of Health. 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 at least once every three (3) years.

SECTION 10. Exclusive authority for water distribution – Contracts. – (a) The district 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 district may deem necessary and proper, and is

not inconsistent with law. The district may also furnish water to inhabitants of the town 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 for the sale of water to inhabitants of the town 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 are a lien on the property

and the lien is enforceable in the same manner as taxes assessed on real estate are by law

collected.

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 section 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 11. Condemnation power. – (a) If for any of the purposes of this act, the

district shall find it necessary to acquire any real property, whether for immediate or future use,

the district may find and determine that such property, whether a fee simple absolute or a lesser

interest, is required for the acquisition, construction or operation of a water supply facility, and

upon such determination, the said property shall be deemed to be required for such public use

until otherwise determined by the district; and with the exceptions hereinafter specifically noted,

the said determination shall not be affected by the fact that such property has theretofore been

taken for, or is then devoted to, a public use; but the public use in the hands or under the control

of the district shall be deemed superior to the public use in the hands of any other person,

association or corporation; provided further, however, that no real property or interest, estate or

right therein belonging to the state shall be acquired without consent of the state; and no real

property or interest, estate or right therein belonging to any municipality shall be acquired

without the consent of such municipality.

(b) The district may proceed to acquire and is hereby authorized to and may proceed to

acquire such property, whether a fee simple absolute or a lesser interest, by the exercise of the

right of eminent domain in the manner prescribed in this act.

proceedings to remove a cloud on title or such other proceedings as it may, in its discretion, deem

proper and necessary, or from acquiring any such property by negotiation or purchase.

(d) The necessity for the acquisition of property within the district under this act shall be

conclusively presumed upon the adoption by the district of a vote, consistent with approval by the

town council, determining that the acquisition of such property or any interest therein described

in such vote is necessary for the acquisition, construction or operation of a water supply facility.

The necessity for the acquisition of property within the town of Scituate under this act shall be

conclusively presumed upon approval by the town council and the adoption by the district of a

vote determining that the acquisition of such property or any interest therein described in such

vote is necessary for the acquisition, construction or operation of a water supply facility. Within

six (6) months after its passage, the district shall cause to be filed in the appropriate land evidence

records a copy of its vote together with a statement signed by the chairperson or treasurer of the

district that such property is taken pursuant to this act, and also a description of such real property

indicating the nature and extent of the estate or interest therein taken as aforesaid and a plat

thereof, which copy of the vote and statement of the chairperson or treasurer shall be certified by

the secretary of the district and the description and plat shall be certified by the city or town clerk

for the city or town within which the real property lies.

(e) Forthwith thereafter the district shall cause to be filed in the superior court in and for

the county within which the real property lies a statement of the sum of money estimated to be

just compensation for the property taken, and shall deposit in said superior court to the use of the

persons entitled thereto the sum set forth in such statement. The district shall satisfy the court that

the amount so deposited with the court is sufficient to satisfy the just claims of all persons having

an estate or interest in such real property. Whenever the district satisfies the court that the claims

of all persons interested in the real property taken have been satisfied, the unexpended balance

shall be ordered repaid forthwith to the district.

(f) Upon the filing of the copy of the vote, statement, description and plat in the land

evidence records and upon the making of the deposit in accordance with the order of the superior

court, title to said real property in fee simple absolute or such lesser estate or interest therein

specified in said resolution shall vest in the district, and said real property shall be deemed to be

condemned and taken for the use of the district and the right to just compensation for the same

shall vest in the persons entitled thereto, and the district thereupon may take possession of said

real property. No sum so paid into the court shall be charged with clerks’ fees of any nature.

(g) After the filing of the copy of the vote, statement, description and plat, notice of the

taking of such land or other real property shall be served upon the owners or persons having any

estate or interest in such real property by the sheriff or his/her deputies of the county in which the

real estate is situated by leaving a true and attested copy of the vote, statement, description and

plat with each of such persons personally, or at the last and usual place of abode in this state with

some person living there, and in case of any such persons are absent, from this state and have no

last and usual place of abode therein occupied by any person, such copy shall be left with the

person or persons, if any, in charge of, or having possession of such real property taken of such

absent persons, and another copy thereof shall be mailed to the address of such person, if the

same is known to the officer serving such notice.

(h) After the filing of such vote, description and plat, the district shall cause a copy of the

vote and description to be published in some newspaper having general circulation in the city or

town in which the real property lies at least once a week for three (3) successive weeks.

(i) If any party shall agree with the district upon the price to be paid for the value of the

real property so taken and of appurtenant damage to any remainder or for the value of his/her

estate, right or interest therein, the court, upon application of the parties in interest, may order that

the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be

awarded in said proceedings; provided, however, that no payment shall be made to any official or

employee of the district for any property or interest therein acquired from such official or

employee unless the amount of such payment is determined by the court to constitute just

compensation to be awarded in said proceedings.

(j) Any owner of, or person entitled to any estate or right in, or interested in any part of

the real property so taken, who cannot agree with the district upon the price to be paid for his/her

estate, right or interest in such real property so taken and the appurtenant damage to the

remainder, may, within three (3) months after personal notice of said taking, or if he/she has no

personal notice, may within one (1) year from the time the sum of money estimated to be just

compensation is deposited in the superior court to the use of the persons entitled thereto, apply by

petition to the superior court for the county in which said real property is situated, setting forth

the taking of his/her land or his/her estate or interest therein and paying for an assessment or

damages by the court or by a jury. Upon the filing of such petition the court shall cause twenty

(20) days’ notice of the pendency thereof to be given to the district by serving the chairperson or

treasurer of the district with a certified copy thereof.

(k) After the service of such notice the court may proceed to the trial thereof. Such trial

shall be conducted as other civil actions at law are tried. Such trial shall determine all questions of

fact relating to the value of such real property, and any estate or interest therein, and the amount

thereof and the appurtenant damage to any remainder and the amount thereof, and such trial and

decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move

for new trial, and to appeal, as are provided by law. Upon the entry of judgment in such

proceedings execution shall be issued against the money so deposited in court and in default

thereof against any other property of the district.

(l) In case two (2) or more petitioners make claim to the same real property, or to any

estate or interest therein, or to different estate or interests in the same real property, said court

shall, upon motion, consolidate their several petitions for trial at the same time, and may frame all

necessary issues for the trial thereof.

(m) If any real property or any estate or interest therein, in which any infant or other

person not capable in law to act in his/her own behalf is interested, is taken under the provisions

of this act, said superior court, upon the filing therein of a petition by or on behalf of such infant

or person or by the district may appoint a guardian ad litem for such infant or other person.

Guardians may, with the advice and consent of said superior court, and upon such terms as said

superior court may prescribe, release to the district all claims for damages for the land of such

infant or other person or for any such estate or interest therein. Any lawfully appointed, qualified

and acting guardian or other fiduciary of the estate of any such infant or other person, with the

approval of the court of probate within this state having jurisdiction to authorize the sale of lands

and properties within this state of such infant or other person, may before the filing of any such

petition, agree with such infant or other person for any taking of his/her real property or of his/her

interest or estate therein, and may upon receiving such amount, release to the district all claims

for damages for such infant or other person for such taking.

(n) In case any owner of or any person having an estate or interest in such real property

shall fail to file his/her petition as above provided, the superior court for the county in which the

real property is situated, in its discretion, may permit the filing of such petition within one (1)

year subsequent to the year following the time of the deposit in the superior court of the sum of

money estimated to be just compensation for the property taken; provided, such person shall have

had no actual knowledge of the taking of such land in season to file such petition; and provided,

no other person or persons claiming to own such real property or estate or interest therein shall

have been paid the value thereof; and provided, no judgment has been rendered against the

district for the payment of such value to any other person or persons claiming to own such real

estate.

(o) If any real property or any estate or interest therein is unclaimed or held by a person

or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior

court for the county in which the real property lies, the district, after the expiration of two (2)

years from the first publication of the copy of the vote, statement and description, may petition

such court that the value of the estate or interest or such unknown person or persons be

determined. After such notice by publication to such person or persons as the court in its

discretion may order, and after hearing on said petition, the court shall fix the value of said estate

or interest and shall order said sum to be deposited in the registry of such court in a special

account accumulated for the benefit of the person or persons, if any, entitled thereto. The receipt

of the clerk of the superior court therefor shall constitute a discharge of the district from all

liability in connection with such taking. When the person entitled to the money deposited shall

have satisfied the superior court of his/her right to receive the same, the court shall cause it to be

paid over to him/her, with all accumulations thereon.

(p) The superior court shall have power to make such orders with respect to

encumbrances, liens, taxes and other charges on the land, if any, as shall be just and equitable.

(q) Whenever in the opinion of the district a substantial saving in the cost of acquiring

title can be effected by conveying other real property, title to which is in the district, to the person

or persons from whom the estate or interest in real property is being purchased or taken, or by the

construction or improvement by the district of any work or facility upon the remaining real

property of the person or persons from whom the estate or interest in real property is being

purchased or taken, the district shall be and hereby is authorized to convey such other real

property to the person or persons from whom the estate or interest in real property is being

purchased or taken and to construct or improve any work or facility upon the remaining land of

such person or persons.

(r) At any time during the pendency of any proceedings for the assessment of damages

for property or interests therein taken or to be taken by eminent domain by the district, the district

or any owner may apply to the court for an order directing an owner or the district, as the case

may be, to show cause why further proceedings should not be expedited, and the court may upon

such application make an order requiring that the hearings proceed and that any other steps be

taken with all possible expedition.

SECTION 12. Construction and maintenance of pipes, aqueducts, and other structures –

Tax exemption. – The district may within and without the district, and within the limits of the

town of Scituate, and without the consent of the town, 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 district shall

restore the highway, turnpike, road, or street so dug up, to as good a condition as before the work

was done.

SECTION 13. Issuance of bonds and notes. – For the purpose of raising money to carry

out the provisions of this chapter, the district is authorized and empowered to issue bonds and

notes in anticipation of bonds. Such bonds and notes may be issued hereunder as general

obligations of the district or as special obligations payable solely from particular funds. Without

limiting the generality of the foregoing, such bonds and notes may be issued to pay or refund

notes issued in anticipation of the issuance of bonds, to pay the cost of any acquisition, extension,

enlargement, or improvement of the water works system, to pay expenses of issuance of the

bonds and the notes, to provide such reserves for debt service, repairs and replacements or other

costs or current expenses as may be required by a trust agreement or resolution securing bonds or

notes of the district, or for any combination of the foregoing purposes. The bonds of each issue

shall be dated, bear interest at a rate or rates, and mature at a time or times not exceeding forty

(40) years from their dates of issue, as may be determined by the officers of the district, and may

be made redeemable before maturity at a price or prices and under terms and conditions that may

be fixed by the officers of the district prior to the issue of the bonds. The officers of the district

shall determine the form of the bonds and notes, including interest coupons, if any, to be attached

to them, and the manner of their execution, and shall fix the denomination or denominations of

the bonds and notes and the place or places of payment of the principal and interest, which may

be at any bank or trust company within or without the state. The bonds shall bear the seal of the

district or a facsimile of the seal. In case any officer whose signature or a facsimile of whose

signature shall appear on any notes, bonds or coupons shall cease to be such officer before the

delivery thereof, such signature or such facsimile shall nevertheless be valid and sufficient for all

purposes as if he/she had remained in office until after such delivery. The district may also

provide for authentication of bonds or notes by a trustee or fiscal agent. Bonds may be issued in

bearer or in registered form, or both, and, if notes, may be made payable to bearer or to order, as

the district may determine, and provision may be made for the registration of any coupon bonds

as to principal alone and also as to both principal and interest, for the reconversion into coupon

bonds of bonds registered as to both principal and interest and for the interchange of bonds

registered as to both principal and interest and for the interchange or registered and coupon

bonds. The issue of notes shall be governed by the provisions of this chapter relating to the issue

of bonds in anticipation of bonds as the same may be applicable. Notes issued in anticipation of

the issuance of bonds including any renewals, shall mature no later than five (5) years from the

date of the original issue of such notes. The district may be resolution delegate to any member of

the district or any combination of them the power to determine any of the matters set forth in this

section including the power to award such bonds or notes to a purchaser or purchasers at public

sale. The district may sell its bonds and notes in such manner, either at public or private sale, for

such price, at such rate or rates of interest, or at such discount in lieu of interest, as it may

determine will best effect the purposes of this chapter.

The district may issue interim receipts or temporary bonds, with or without coupons,

exchangeable for definitive bonds when such bonds shall have been executed and are available

for delivery. The district may also provide for the replacement of any bonds, which shall have

become mutilated or shall have been destroyed or lost.

SECTION 14. Issuance of notes in anticipation of revenue or receipt of grants or other

aid. – The district may also provide by resolution for the issuance from time to time of temporary

notes in anticipation of the revenues to be collected or received by the district in any year, or in

anticipation of the receipt of federal, state or local grants or other aid. Notes issued in anticipation

of revenues, including any renewals thereof, shall mature no later than one (1) year from their

respective dates, and that notes issued in anticipation of federal, state or local grants or other aid

including any renewals thereof, shall mature no later than three (3) years from their respective

dates. The issue of such notes shall be governed by the provisions of this chapter relating to the

issue of bonds or other notes as the same may be applicable.

SECTION 15. Payment of bonds and notes. – The principal of, premium, if any, and

interest on all bonds and notes issued under the provisions of this chapter, unless otherwise

provided herein, shall be general obligations of the district or shall be payable solely from the

funds provided therefor from revenues as herein provided.

In the discretion of the board, any bonds and notes issued hereunder may be secured by a

resolution of the board or by a trust agreement between the district and a corporate trustee, which

may be any trust company or bank having the powers of a trust company within or without the

state, and such trust agreement shall be in such form and executed in such manner as may be

determined by the district. Such trust agreement or resolution may pledge or assign, in whole or

in part, the revenues and other moneys held or to be received by the district, including the

revenues from any facilities already existing when the pledge or assignment is made, and any

contract or other rights to receive the same, whether then existing or thereafter coming into

existence and whether then held or thereafter acquired by the district, and the proceeds thereof.

Such trust agreement or resolution may contain such provisions for protecting and enforcing the

rights, security and remedies of the bondholders or noteholders as may, in the discretion of the

district, be reasonable and proper and not in violation of law, including, without limiting the

generality of the foregoing, provisions defining defaults and providing for remedies in the event

thereof which may include the acceleration of maturities and covenants setting forth the duties of

and limitations on, the district in relation to the acquisition, construction, improvement,

enlargement, alteration, equipping, furnishing, maintenance, use, operation, repair, insurance and

disposition of the water works system, or other property of the district, the custody, safeguarding,

investment and application of moneys, the issue of additional or refunding bonds or notes, the

fixing, revision and collection of fees, rates, rents, assessments or other charges, the use of any

surplus bond and note proceeds, the establishment of reserves, and the making and amending of

contracts.

In the discretion of the board any bonds or notes issued under authority of this chapter,

may be issued by the district in the form of lines of credit, loans, or other banking arrangements

and under such terms and conditions, not inconsistent with this chapter, and under such

agreements with the purchasers or makers thereof, as the board may determine to be in the best

interest of the district. In addition to other security provided herein or otherwise by law, bonds or

notes issued by the district under any provision of this chapter may be secured, in whole or in

part, by insurance or letters or lines of credit or other credit facilities, and the district may pledge

or assign any of its revenues as security for the reimbursement by the district to the issuers of

such insurance, letters or lines of credit or other credit facilities of any payments made under the

insurance or letters or lines of credit or other credit facilities.

It shall be lawful for any bank or trust company to act as a depository or trustee of the

proceeds of bonds, notes, revenues or other moneys under any such trust agreement or resolution

and to furnish such indemnification or to pledge such securities and issue such letters of credit as

may be required by the district. Any pledge of revenues or other property made by the district

under this chapter shall be valid and binding and shall be deemed continuously perfected from the

time when the pledge is made; the revenues, moneys, rights and proceeds so pledged and then

held or thereafter acquired or received by the district shall immediately be subject to the lien of

such pledge without any physical delivery or segregation thereof or further act; and the lien of

any such pledge shall be valid and binding against all parties having claims of any kind in tort,

contract or otherwise against the district, irrespective of whether such parties have notice thereof.

Neither the resolution, any trust agreement nor any other agreement by which a pledge is created

need be filed or recorded except in the records of the district.

Any holder of a bond or note issued by the district under the provisions of this chapter or

of any of the coupons appertaining thereto and any trustee under a trust agreement or resolution

securing the same, except to the extent the rights herein given may be restricted by such trust

agreement or resolution securing the same, may bring suit upon the bonds or notes or coupons

and may, either at law or in equity, by suit, action, mandamus, or other proceedings for legal or

equitable relief, including proceedings for the appointment of a receiver to take possession and

control of the business and properties of the district, to operate and maintain the same, to make

any necessary repairs, renewals and replacements in respect thereof and to fix, revise and collect

fees and charges, protect and enforce any and all rights under such trust agreement, resolution or

other agreement, and may enforce and compel the performance of all duties required by this act

or by such trust agreement or resolution to be performed by the district or by any officer thereof.

SECTION 16. Refunding bonds and notes. – The district may issue refunding bonds and

notes for the purpose of paying any of its bonds or notes at maturity or upon acceleration or

redemption. Refunding bonds and notes may be issued at such time prior to the maturity or

redemption of the refunded bonds or notes as the district deems to be in the public interest.

Refunding bonds and notes may be issued in sufficient amounts to pay or provide the principal of

the bonds or notes being refunded, together with any redemption premium thereon, any interest

accrued or to accrue to the date of payment of such bonds or notes, the expenses of issue of

refunding bonds or notes, the expenses of redeeming bonds or notes being refunded and such

reserves for debt service or other capital or current expenses from the proceeds of such refunding

bonds or notes as may be required by a trust agreement or resolution securing bonds or notes.

The issue of refunding bonds or notes, the maturities and other details thereof, the security

therefor, the rights of the holders thereof, and the rights, duties and obligations of the district in

respect of the same shall be governed by the provisions of this chapter relating to the issue of

bonds or notes other than refunding bonds or notes insofar as the same may be applicable.

SECTION 17. Defeasance of bonds or notes. – The district may at any time deposit with

a trustee, a sum sufficient, with amounts then on deposit, including the debt service reserve fund,

to purchase direct or guaranteed obligations of the United States of America which are adequate

to pay the entire principal amount of the bonds or notes of a series, together with the interest to

maturity, or to an applicable redemption date specified by the district to the trustee and any

applicable redemption premium; or the district may deposit direct or guaranteed obligations of the

United States of America in lieu of money for their purchase. The obligations are deemed

adequate if the principal and interest payable on them are sufficient to pay the previously

mentioned sums when due. Upon any deposit of money and a request by the district, the trustee

shall purchase direct or guaranteed obligations of the United States of America. When adequate

direct or guaranteed obligations of the United States of America are held by the trustee pursuant

to this section, the bond resolution or indenture shall cease to be in effect with respect to such

series of bonds or notes. The obligations and their proceeds shall be held in trust for the benefit

of the bondholders or noteholders, and the trustee shall, on behalf of the district, call bonds or

notes for redemption on the applicable redemption date. Any compensation or expenses of the

trustee in carrying out this section shall be paid by the district, and any surplus funds held by the

trustee under this section shall be remitted by the trustee to the district.

SECTION 18. Credit of state and municipality not pledged. – Bonds, notes and other

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 of the district. All bonds, notes and other 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 bonds or notes. Each bond or note shall also recite whether it is a general

obligation of the district or a special obligation thereof payable solely from particular funds

pledged to its payment.

SECTION 19. Moneys received deemed to be trust funds. – All moneys received

pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds or notes or

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

provided in this chapter.

SECTION 20. Bonds eligible for investment. – Bonds and notes issued under the

provisions of this chapter are hereby made securities in which all public officers and public

bodies of the state and its political subdivisions, all insurance companies, trust companies in their

commercial departments, savings banks, co-operative banks, banking associations, investment

companies, executors, administrators, trustees and other fiduciaries may properly and legally

invest funds, including capital in their control or belonging to them. Such bonds and notes are

hereby made securities which may properly and legally be deposited with and received by any

state or municipal officer or any agency or political subdivision, of the state for any purpose for

which the deposit of bonds or obligations of the state is now or may hereafter be authorized by

law.

SECTION 21. Bonds and notes issued without consent of other entities. – Bonds and

notes may be issued under this chapter without obtaining the consent of any department, division,

commission, board, bureau or agency of the state or the town, including the public utilities

commission and the division of public utilities pursuant to chapters 1-5 of title 39 of the general

laws, and without any other proceedings or the happening of any other conditions or things than

those proceedings, conditions or things which are specifically required therefor by this chapter,

and the validity of and security for any bonds and notes issued by the district shall not be affected

by the existence or nonexistence of any such consent or other proceedings, conditions or things.

SECTION 22. Tax exemption. – 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 subdivisions; provided, however, that the district 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 town. Bonds and notes issued by the district 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 23. Malicious damage – Civil and criminal penalties. – 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 (1) year, or shall suffer both fine and

imprisonment.

SECTION 24. Records – Reports – Inspections. – 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 or the town.

SECTION 25. Termination or dissolution of the district. – 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.

SECTION 26. Inconsistent laws or ordinances inoperative. – 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 system which are inconsistent with the

provisions of this chapter shall be inoperative and cease to be effective.

SECTION 27. Provisions of act controlling. – The provisions of this chapter shall be

deemed to provide an exclusive, additional, alternative and complete method for the doing of the

things authorized hereby and shall be deemed and construed to be supplemental and additional to,

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

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

special law, administrative order or regulation, or law of the town, the provisions of this chapter

shall be controlling.

SECTION 28. Pledge not to alter rights of district. – 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 29. Construction of act. – This chapter, being necessary for the welfare of the

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

SECTION 30. Severability. – This chapter shall be construed in all respects to meet all

constitutional requirements. In carrying out the purposes and provisions of this chapter, 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 chapter, 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 other

provisions of this chapter.

SECTION 31. Unless the district shall enter into agreements by March 1, 2005, to

implement the purposes of this act to provide water supply, the powers of the district shall be

forfeited and this act shall be repealed effective July 1, 2005, and the records and the property of

the district, if any, shall revert to the Town of Scituate.

SECTION 32. This act shall take effect upon passage.

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LC00303/SUB A

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