Chapter 090

2005 -- S 0256

Enacted 06/29/05

A N A C T

RELATING TO TOWNS AND CITIES -- ECHO LAKE WATER DISTRICT

Introduced By: Senators P Fogarty, Tassoni, Sosnowski, Breene, and Walaska

Date Introduced: February 08, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4 and 8 of Chapter 325 of the 2003 Public Laws, entitled "An Act

Relating to Towns and Cities – Echo Lake Water District" are hereby amended to read as follows:

     Section 4. Regular and special meetings –– Voting. –– (a) The district shall hold a regular

meeting on the first Monday in August in every year its annual meeting during the month of

October in each year at a time and location to be determined by the members of the board.

     (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 any

fees, rates, rents, assessments, delinquency charges and other charges for water is to be acted on

at any special meeting, the notice of any such fees, rates, rents, assessments, delinquency charges

and other charges for water shall be mentioned in the notice.

     (c) 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 regular and special, by posting a notice in at least two

(2) conspicuous places within the district and at the Glocester 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 fifteen (15) electors are present at the meeting.

On demand of at least five (5) 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 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 by‑laws 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, 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) to levy property tax assessments upon property owners in the district for the purpose

of supporting bond obligations, but only to such extent;

(r) (s) 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 2. This act shall take effect upon passage.     

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LC01446

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