Chapter 097
2010 -- S 2855 SUBSTITUTE A
Enacted 06/19/10
A N A C T
RELATING TO
ALTON VILLAGE WATER DISTRICT
Introduced By: Senator Francis T. Maher
Date Introduced: May 04, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Creation –– (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 Alton Village District water
district 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. The District shall
consist of the area or tract of land situated in the Town of
Richmond, Rhode Island, County of
degrees 26’ 43.43” N thence southerly along the centerline of
the
bends; to a point at the
with the
northeasterly along the centerline of the
degrees 26’ 06.97” N and north to a point of 71 degrees 42’
30.331” W / 41 degrees 26’ 43.597”
N and
west to first said point of beginning. The area within the boundaries described in this
section shall be known as the
(b)
The district is hereby constituted an independent public instrumentality 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.
SECTION 2. Electors. –– The
inhabitants of the district registered to vote for town
officers are electors of the district and are eligible to vote
in all elections of officers of the district.
SECTION 3. Regular and special meetings ––
Voting. (a) The first meeting of the district
may be called and run by any five (5) qualified electors.
The first meeting shall be held on such
date as shall be determined by the electors who called the
meeting, taking into account the notice
requirement of Section 3(b) hereof. The district shall hold a
regular meeting on the first Monday
in May in every year, or at such intervals and on such
dates as a majority of electors present at a
regular meeting shall determine.
(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 imposing or
increasing rates and fees or ordering a tax is to be acted on at
any special meeting, the rates, fees
or 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
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 annual or special
meeting, and it is the duty of the assessor of taxes of the
district to canvass and correct the voting
list in the same manner, as near as may be, or as provided
by law for boards of canvassers.
(c)
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 one-fifth (1/5) 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.
(d)
It is the duty of the clerk of the district to fix a suitable place within the
district for the
holding of meetings and for giving notice of subsequent
meetings.
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 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,
two (2) members shall be elected for a term ending the
first Monday in May, 2012 and one (1)
member shall be elected for a term ending the first Monday
in May, 2011. 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 5. 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 clerk and
a treasurer.
(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 6. Compensation of board members.
–– Other than as described in the
following sentence, the members of the board shall receive no
compensation for the performance
of their duties under this chapter. Each member may be
reimbursed for all reasonable and
necessary expenses incurred in the discharge of official duties
as approved by the district.
SECTION 7. 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 within the town of
the town of
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 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 of revenue,
data processing, elections 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 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 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 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 8. Additional powers and
limitations. — 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 chapters 1-5 of title 39 of the
general laws. Owners of property within
the district shall not be required to connect to the
water works system of the district and shall not
be required to pay “connect capable” charges for
property not connected to the water works
system of the district.
(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 (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.
(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 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 board against any premises which are
connected 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)
In the month of January of each year the board shall make an annual report to
the
district of its activities for the preceding fiscal year. Each
report shall set forth a complete
operating and financial statement covering its operations
during the year. The board shall cause
an annual audit of the books, records and accounts of
the district to be made.
SECTION 9. Exclusive authority for water
distribution –– Contracts. –– (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 of municipalities
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 board, 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 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.
(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 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 10. Condemnation Power. ––
(a) If for any of the purposes of this act, the
board shall find it necessary to acquire any real property
within the district and within the town of
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
board; and with the exceptions hereinafter specifically
noted, the said determination shall not be
affected by the fact that such property 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 board may proceed to acquire and is hereby authorized to and may proceed to
acquire such property, within the district and within the
town of
absolute or a lesser interest, by the exercise of the right of
eminent domain in the manner
prescribed in this act.
(c)
Nothing herein contained shall be construed to prohibit the board from bringing
any
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 under this act shall be
conclusively
presumed upon the adoption of a vote by the board and a vote
of the
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 of the vote of the town council ,
the board shall cause to be filed in the
appropriate land evidence records a copy of its vote together
with a statement signed by the
chairperson 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 shall be
certified by the clerk of the district and the description and
plat shall be certified by the
town clerk.
(e)
Forthwith thereafter the board 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 board 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
board 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 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 as shown
on the records of the assessor of the municipality where
the premises is located.
(h)
After the filing of such vote, description and plat, the board shall cause a
copy of the
vote and description to be published in some newspaper
having general circulation in the town of
(i) If any party shall agree with the board 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 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
board upon the price to be paid for his
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 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 land or his 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 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 own behalf is
interested, is taken under the provisions of
this act, said superior court, upon the filing therein of
a petition by or in 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 real property or of his 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 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
board, 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 to accumulate 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 right to receive the same, the court
shall cause it to be paid over to him, 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 board 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 board 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 board
or any owner may apply to the court for an order
directing an owner or the board, 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 11. Construction and maintenance of pipes,
aqueducts, and other structures ––
Tax
exemption. –– The board may within
and without the district, and without the consent of any
municipality, 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.
In
connection with construction in any municipality, the board shall obtain such
consents,
approvals and permits as shall be required by the municipality
for such construction.
Section 12. Taxes –– Assessments ––
Penalty for nonpayment. –– The qualified voters 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 it deems necessary for the purpose of obtaining and
maintaining a supply of water and
distributing the water for the extinguishing of fire; for power,
domestic, and other uses; for
establishing and maintaining and constructing water works and
driving wells, and operating the
water works and wells; 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; for
the payment of the current expenses of the district; for
the payment of officers, employees, and
other agents as the board is authorized to elect, appoint,
or otherwise choose under this chapter;
and for the payment of any indebtedness that has been or
may be incurred by the district; and 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 assessor of the district on the
taxable inhabitants and the property in the district
according to the last valuation made by the
which may have been omitted by the town assessor or
afterwards acquired, using the assessed
valuation made by the
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 officer of the
town 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 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 13. Issuance of bonds and notes.
–– For the purpose of raising money to carry
out the provisions of this chapter, the board 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 had remained in office until after such
delivery. The board 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
of 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 board may by resolution
delegate to any member of the board 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
board may sell its bonds and notes of the district 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
board 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 board 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 board 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 board. 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 board, 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 and 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 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 board 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 board
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 board or by any officer t of the
district.
SECTION 16. Refunding bonds and notes.
— The board 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 board 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 board 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
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
board to the trustee and any
applicable redemption premium; or the board may deposit direct
or guaranteed obligations of the
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 board, the trustee
shall purchase direct or guaranteed obligations of the
direct or guaranteed obligations of the
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
any municipality, 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 board is authorized to enter into
agreements to make annual payments in lieu of taxes with respect
to property of the district
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 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 year,
or shall suffer both fine and
imprisonment.
SECTION 24. Records; reports; inspection.
— 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 25. Termination or dissolution of
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 of
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
any municipality, 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 of the
other provisions of this chapter.
SECTION 31. Open meetings and open records laws. –
The district shall be subject to
chapter 46 of title 42 of the general laws entitled
"Open Meetings". and
chapter 2 of Title 38 of
the general laws entitled "Access to Public
Records."
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. 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
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 33. Sections 32 and 33 of this act shall take effect
upon the passage of the act.
The reminder of this act
shall take effect upon the approval of a majority of those voting on the
question as prescribed by the foregoing section.
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LC02551/SUB A
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