2009 -- H 5992 SUBSTITUTE A

=======

LC02145/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

____________

A N A C T

RELATING TO THE ABBEY LANE COMMUNITY ASSOCIATION, INC. WATER

DISTRICT

     Introduced By: Representative Scott M. Pollard

     Date Introduced: March 17, 2009

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 1, 3, 4, 5, 6, 7 and 8 of 2008 Local Act 87, entitled “An Act to

1-2

Incorporate the Abbey Lane Condominium Association, Inc. Water District,” are hereby amended

1-3

to read as follows:

1-4

      Section 1. All that part of the town of Foster described in the following paragraph is

1-5

hereby incorporated into a special water district to be called the Abbey Lane Condominium

1-6

Community Association, Inc. Water District. The boundaries of the Abbey Lane Condominium

1-7

Community Association, Inc. Water District, hereinafter referred to as the “district,” are defined

1-8

by the limits of: (A) Tax Assessor's Plat 17, Lot 47A as set forth shown on the tax assessor's maps

1-9

of the town of Foster, Rhode Island, and located on Abbey Lane in said town of Foster. These ,

1-10

these limits meaning and intending to include the public and private streets, roads, and

1-11

thoroughfares listed and all public and privately held properties and land abutting thereto.

1-12

     As used in this act, the term “the district” shall mean such area and property as set forth

1-13

in Tax Assessor's Plat 17, Lot 47A the tax assessor's maps of the town of Foster, Rhode Island,

1-14

and located on Abbey Lane in said town of Foster.

1-15

     The purpose of the Abbey Lane Condominium Community Association, Inc. Water

1-16

District shall be to secure, maintain and provide a water supply and water service for all purposes

1-17

including fire protection, manufacturing and domestic use in said Abbey Lane Condominium

1-18

Community Association, Inc. Water District. Said district may, within its discretion, sell water to

2-1

and purchase water from any city or town, any municipal or quasi-municipal corporation, any

2-2

incorporated water company or any water company owned or operated by a city or town. Said

2-3

district shall have a common seal, may sue and be sued and shall enjoy other powers generally

2-4

incident to corporations. Said district shall also have powers and control over all septic systems

2-5

authority over the maintenance of all on-site wastewater treatment systems in said district,

2-6

provided that such powers shall not be exercised in violation of any rule pertaining to septic

2-7

systems regulation of established by either the department of health or the department of

2-8

environmental management. Provided further, said

2-9

     The district shall not have powers the power of eminent domain, of or condemnation, or

2-10

and shall not have the authority to issue bonds, without an express legislative act of the general

2-11

assembly.

2-12

     Section 3. An The annual meeting of said the district shall be held on the first Monday

2-13

Thursday in May at 7:30 6:30 p.m. of each year occurring after the acceptance by the district of

2-14

this act. Special meetings may be called and held in accordance with the provisions of the by-

2-15

laws. All meetings of the district, including the first meeting called to act upon the acceptance or

2-16

rejection of this act, shall be warned by posting a notice of the call of the meeting, which notice

2-17

shall specify the time and place of the meeting with a reference to the business to be transacted or

2-18

acted upon at said meeting, in at least three (3) conspicuous places within the district at least

2-19

seven (7) days next prior to the date of said meeting. All meetings shall be held within the town

2-20

of Foster, at such place as specified in the notice of the call or as provided in the by-laws.

2-21

     Section 4. The first meeting shall be called by any five (5) qualified electors of the

2-22

district for purposes of this Section 4 and shall be held at such time and place as is specified in the

2-23

notice of the call of the meeting, provided that said date shall occur not later than twelve (12)

2-24

months from the date of the passage of this act. A vote by ballot shall be taken at said first

2-25

meeting upon the proposition, “Shall the Abbey Lane Condominium Community Association,

2-26

Inc. Water District be established according to the act of incorporation passed by the general

2-27

assembly of the state?” If a majority of the persons so voting shall vote in the affirmative then

2-28

said Abbey Lane Condominium Community Association, Inc. Water District shall be established

2-29

according to the provisions of this act, but if a majority of the persons so voting shall vote in the

2-30

negative, then this act shall become null and void. Said first meeting shall be organized by the

2-31

election of a moderator, a clerk, and a committee of three (3) persons, qualified electors in the

2-32

district for purposes of this Section 4, who shall act at the meeting as a board of canvassers. Said

2-33

board of canvassers shall be provided by the tax assessor of the town of Foster with lists of the

2-34

persons who are property owners within the district and shall also be provided by the Abbey Lane

3-1

Condominium Community Association, Inc. with a list of the persons who are ratepayers within

3-2

the service area of the condominium association, and such persons shall be the qualified electors

3-3

of the district for the purposes of this section; provided, that if more than one person has an

3-4

ownership interest in real property or more than one person shares a water service connection, for

3-5

purposes of this section, then only one such person sharing an ownership interest or sharing a

3-6

connection shall be entitled to vote, such that there shall be not more than one elector for each

3-7

water service connection entitled to vote. The name of any person whose right to vote at said

3-8

meeting is challenged shall be referred by the moderator to the committee who shall forthwith

3-9

determine the question as to whether said person is qualified to vote and take part in the

3-10

proceedings of the meeting and shall so report forthwith to said moderator. At said meeting said

3-11

district, after acceptance of the act, may proceed to adopt by-laws and effect a permanent

3-12

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

3-13

     Section 5. The officers of the district, their duties, and their compensation may be fixed

3-14

and provided by the by-laws of the water district, provided that there shall be a manager, a

3-15

moderator, a clerk, a president, a vice president, a clerk, a treasurer, a tax collector, a tax assessor,

3-16

a board of directors of five (5) members and such other officers as the district may from time to

3-17

time deem necessary to conduct its business and affairs. The president, vice president, and clerk

3-18

shall constitute the board of directors. The president, vice president, and clerk shall be district

3-19

residents and qualified electors of the town of Foster. The treasurer, tax collector, and tax assessor

3-20

shall be appointed in the manner provided in the by-laws. The treasurer, tax collector, and tax

3-21

assessor need not be qualified electors of the town of Foster or district residents and may be paid

3-22

employees of the district. A paid employee of the district may hold more than one office.

3-23

     Said district shall cause proper books of record to be kept by its proper officials, and any

3-24

qualified resident of said district may at all reasonable times inspect said books of record.

3-25

     The initial officers of the district and the initial board of directors shall be elected by

3-26

members voters of the water district after and if there is a successful passage approval of this act.

3-27

in accordance with the vote prescribed in the previous section. The initial terms of said initial

3-28

board shall consist of two (2) members of the board for three (3) year terms, two (2) for two (2)

3-29

year terms, and one for a one year term. The initial officers and directors shall serve for the initial

3-30

terms provided and until their successors are elected and qualified at the annual meeting of the

3-31

district. Unless otherwise provided in the by-laws, all officers shall thereafter be elected at the

3-32

annual meeting of the district to hold office for the term of one year and until their successors are

3-33

elected and qualified, and the board of directors shall be elected for staggered three (3) year

3-34

terms. The duties of the officers and directors in the district shall be similar to the duties of like

4-1

officials in towns except the board of directors which shall have and perform such duties in

4-2

accordance with law and not inconsistent with the provisions of this act. Any vacancy occurring

4-3

in any office may be filled for the unexpired term in accordance with the provisions of the by-

4-4

laws. Provided, however, that no individual is to hold more than one office, be it appointed or

4-5

elected. The president, vice president and clerk shall serve staggered three (3)-year terms.

4-6

Initially, a president shall be elected to a term of one year, a vice president shall be elected to a

4-7

term of two (2) years, and a clerk shall be elected to a term of three (3) years. Thereafter, the

4-8

qualified electors of the district shall elect one member of the board of directors at each annual

4-9

meeting. Members of the board of directors shall serve until their successors are qualified.

4-10

Vacancies in office shall be filled in accordance with the provisions of the by-laws. No individual

4-11

shall serve in more than one elected office simultaneously. The board of directors shall meet as

4-12

often and conduct its meetings in such a manner as shall be prescribed by the by-laws.

4-13

     Section 6. For the purpose of carrying out the provisions of this act the district shall have

4-14

the right and power to purchase, rent, lease, or otherwise acquire, and to hold, rent, lease,

4-15

mortgage, sell or otherwise dispose of any real or personal estate or of any interest, claim or other

4-16

rights therein.

4-17

     Said district may distribute and provide water for all purposes including fire protection,

4-18

and domestic and manufacturing uses, within or without the district, or may authorize the same to

4-19

be done, and may regulate the use thereof, the quantity available for, and the rate or price to be

4-20

paid therefore, within and without the district and may develop water sources within the district.

4-21

Said district, for the purpose or purposes aforesaid, may contract to carry out any works to be

4-22

constructed or authorized to be constructed by it, over or under any highway, turnpike, road,

4-23

street or right-of-way of the district in such manner as not to obstruct permanently or impede

4-24

travel thereon; and may enter upon and dig up any highway, turnpike, road, right-of-way or street

4-25

of the district for the purpose of laying pipes or building aqueducts upon or beneath the surface

4-26

thereof, or for the purpose of repairing the same; all such work upon or in the highway or street to

4-27

be under the direction of the town council of the town in which said road or street is located. Said

4-28

district shall also have all the powers and privileges conferred upon corporations in general by

4-29

chapter 7-1.1 of the general laws, as amended, Title 7, Chapter 6 of the general laws, as amended,

4-30

insofar as the same are applicable to, consistent with and not repugnant to the nature and purpose

4-31

of this act. Said district is hereby authorized to contract for and to procure water for the purposes

4-32

specified in this act, in such lawful manner as may seem necessary and proper, and for such

4-33

purposes and in such manner may establish wells and may erect or cause to be erected for its use

4-34

any buildings, tanks, containers, or other storage and any pipes, pipelines and other equipment

5-1

that it may deem necessary for its purposes under this act, and also to have authority to construct,

5-2

modify, and/or remove any septic system or leach field within said district. Provided, the Abbey

5-3

Lane Condominium Association, Inc. Water District is not authorized and empowered to

5-4

condemn land or to exercise the power of eminent domain. Provided further, that the provided,

5-5

however, that the district shall not permit persons outside of the district to tie directly into the

5-6

district's water system. via water or sewer pipes or similar devices.

5-7

     Section 7. Said district shall have power to enact by-laws for the regulation and conduct

5-8

of its meeting meetings and its business, which may include rules and regulations for and the

5-9

rates and conditions upon which water and service shall be supplied. ,also rules and provisions

5-10

under which constables or other officers for the enforcement of law may be engaged for the

5-11

protection of the property and rights of the district, and for For any breach thereof the of its by-

5-12

laws may provide a penalty not to exceed a fine of one hundred dollars ($100) one thousand

5-13

dollars ($1,000), to be recovered for the use of said district, or imprisonment for a term not

5-14

exceeding thirty (30) days for the protection of its property within the district. , which penalty

5-15

may be enforced by prosecution on complaint of any officer of the district or police officer of the

5-16

town of Foster before any court of competent jurisdiction.

5-17

     Section 8. The fiscal year of the district shall be from July January 1 to June 30

5-18

December 31. in each year. The qualified electors of the district at any legal meeting shall have

5-19

power and authority to order such taxes, and provide for assessing and collecting the same, on the

5-20

taxable inhabitants and upon the ratable real estate and tangible personal property and ratable

5-21

intangible personal property of said district, as they shall deem necessary for purchasing and

5-22

procuring real and personal property or any rights therein and for undertaking and carrying out

5-23

any business or thing lawfully authorized by this act, for the current expenses of the district, for

5-24

the payment of such police services as they may deem necessary for the protection of the property

5-25

and operation of the business of the district and also for the payment of any indebtedness that has

5-26

been incurred by the district or for interest thereon; and such taxes so ordered shall be assessed by

5-27

the assessor of the district on the taxable inhabitants and upon ratable real estate and tangible

5-28

personal property and ratable intangible personal property therein in accordance with the last

5-29

valuation made by the assessor of the town wherein the property is located of Foster next

5-30

previous to said district assessment, adding, however, any ratable property which may have been

5-31

omitted by said town assessor or which has been acquired after said town assessment, and in all

5-32

cases where the town assessor has included property within the district and property without the

5-33

district in one valuation the assessor of the district shall make an equitable valuation of that

5-34

portion of the same lying within the district. ; and in assessing and collecting said taxes such

6-1

proceedings shall be had by the officers of said district, as near as may be, as are required to be

6-2

had by the corresponding officers or towns in assessing and collecting town taxes; and the

6-3

collector of taxes for said district shall, for the purpose of collecting taxes assessed by said district

6-4

have the same powers and authority as are now by law conferred on collectors of taxes for towns

6-5

in this state. The district tax assessor and tax collector shall assess and collect district taxes in the

6-6

same manner that municipal taxes are assessed and collected, and shall have the duties and

6-7

authority conferred by law on municipal tax assessors and tax collectors.

6-8

     Said district may provide for such deduction from the tax assessed against any person, if

6-9

paid by an appointed time and/or for such penalty by way of percentage on the tax if not paid at

6-10

the appointed time, not exceeding twelve percent (12%) per annum, as it shall deem necessary to

6-11

insure punctual payment.

6-12

     SECTION 2. This act shall take effect upon passage.

=======

LC02145/SUB A

=======