Chapter 240
2012 -- H 8031
Enacted 06/12/12
A N A C T
RELATING TO
ALTON VILLAGE WATER DISTRICT
Introduced By: Representative Larry Valencia
Date Introduced: April 03, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 4 and 32 of Chapter 111 of the 2010
Public Law entitled “An Act
Relating to Alton Village
Water District” are hereby amended as follows:
SECTION 4. Officers constituting board –– Powers –– Bylaws
–– Elections. –– (a) The
electors of the district shall at each annual meeting elect
officers to serve until the next
succeeding first Monday in May and until their successors are
elected and qualified, and the
offices shall consist of a moderator, clerk, treasurer, one
(1) assessor, and a collector of taxes,
whose duties and powers are within the district, as like
officers proper for a district. The officers
constitute the board, and the duties of the board are prescribed
in this chapter. Any vacancy that
may occur in any of the aforenamed
offices between annual meetings shall be filled by some
person to be chosen by the other members of the board to
hold the office until the next annual
meeting. The electors of the district may, at any meeting,
adopt and ordain bylaws, and, from
time to time, rescind or amend the bylaws, as they deem
necessary and proper for the purposes of
this chapter and not repugnant to it and not inconsistent
with any other law; provided, that no
greater penalty is inflicted imposed by the
board than is prescribed in Section 12; and provided,
further, that the electors may appoint committees they deem
necessary, and may fix the
compensation of all officers, agents, employees, and committees of
the district.
(b) The electors of the district shall elect officers at each regular meeting
held on the first
Monday in May or at such
intervals and on such dates as a majority of the electors present at a
regular meeting shall determine, provided that regular
elections shall be held not less than once
every four (4) years. Such officers shall consist of a
moderator, clerk, one (1) assessor, one (1)
collector of taxes, and one (1) additional member, whose duties
and powers are within the district,
as like officers proper for a district. These enumerated
officers shall constitute the board, and the
duties of the board are prescribed in this chapter. At the
first meeting of the district, the moderator
and one (1) additional member shall be elected for a term
ending the first Monday in May, 2013
2016, two (2) members shall be elected for a term ending
the first Monday in May, 2012 2015
and one (1) member shall be elected for a term ending the
first Monday in May, 2011 2014.
Thereafter, members of the
board shall be elected for a term of office of three (3) years, or such
other term as a majority of electors present at a regular
meeting shall determine in order to
conform with any changes to the frequency of elective
meetings approved by the electors in
conformity with this paragraph (a). Any vacancy that may occur
in any of the aforenamed offices
between regular meetings shall be filled by some person to be
chosen by the other members of the
board to hold the office until the next regular meeting.
The electors of the district may, at any
meeting, adopt and ordain bylaws, and, from time to time,
rescind or amend the bylaws, as they
deem necessary and proper for the purposes of this chapter
and not repugnant to it and not
inconsistent with any other law; and provided that the electors
may appoint committees they
deem necessary, and may fix the compensation of all
agents, employees, and committees of the
district.
(c)
For a person to become a candidate at any election under this section, that
person
must be a resident of the district and secure the
signatures of at least five (5) registered voters in
the district. The water district petition must be filed
in the office of the clerk of the district not
later than 4:00 p.m. on the tenth day prior to the
election, and the clerk shall certify as to whether
a sufficient number of signers have affixed their
signatures to the petition.
(d)
The general election laws shall govern elections under this section so far as
applicable
and consistent with the provisions of this chapter. Paper
ballots may be used for the elections and
the elections shall be at the expense of the district.
The ballots shall contain no designation of
party or political principle and there shall be no
primaries or other preliminary election.
(e)
All elections shall be at large. No vacancy in the membership of the board
shall
impair the right of a quorum to exercise the powers of the
district. Three (3) members of the
board shall constitute a quorum and the affirmative vote of
three members shall be necessary for
any action taken by vote of the board. Any such action
shall take effect immediately unless
otherwise provided and need not be published or posted.
SECTION 32. The first meeting shall be called by any five
(5) qualified electors of the
district for purposes of this Section 32 and shall be held at
such time and place as is specified in
the notice of the call of the meeting, provided that said
date shall occur not later than twelve
months from the date of the passage of this act June 30, 2013. A vote by ballot shall be taken
at
said first meeting upon the proposition, "Shall the
Alton Village Water District be established
according to the act of incorporation passed by the general
assembly of the state?" If a majority of
the persons so voting shall vote in the affirmative then
said Alton Village Water District shall be
established according to the provisions of this act, but if a
majority of the persons so voting shall
vote in the negative, then this act shall become null and void.
Said first meeting shall be
organized by the election of a moderator, a clerk, and a
committee of three (3) persons, qualified
electors in the district for purposes of this Section 32, who
shall act at the meeting as a board of
canvassers. Said board of canvassers shall be provided by the
board of canvassers of the town of
shall be the qualified electors of the district for the
purposes of this Section 32. The name of any
person whose right to vote at said meeting is challenged
shall be referred by the moderator to the
committee who shall forthwith determine the question as to
whether said person is qualified to
vote and take part in the proceedings of the meeting and
shall so report forthwith to said
moderator. At said meeting said district after acceptance of
the act may proceed to adopt bylaws
and effect a permanent organization or it may adjourn to
a date determined by vote.
SECTION 2. This act shall take effect upon passage.
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LC02354
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