09-LA088
2009 -- H 6081
Enacted 11/13/09
A N A C T
CREATING THE OAK RIDGE CONDOMINIUM WATER DISTRICT
Introduced By: Representative Rodney D. Driver
Date Introduced: April 02, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. (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 Oak Ridge Condominium Water District.
The Oak Ridge Condominium
Water District shall consist of that certain land in the Town of
more commonly known as Oak Ridge Condominiums,
(b)
The district is 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.
SECTION 2. (a) As used in this act, the term
"district" shall mean such area and property
as set forth in Section 1(a).
(b)
As used in this act, the term "board" shall mean the enumerated
officers elected
pursuant to Section 4(b).
(c)
As used in this act, the term "qualified elector" means the owners of
real property
located within the district who are at least eighteen (18)
years old. Qualified electors are eligible
to vote in all elections of officers of the district and
all meetings of the district; provided, that if
more than one person has an ownership interest in real
property and would be a qualified elector
for purposes of this act, that only one such person
sharing an ownership interest shall be entitled
to vote at any meeting of the district, such that there
shall be not more than one elector for each
water service connection entitled to vote at any meeting of
the district.
SECTION 3. Upon passage of this act a first meeting shall be
called by any five (5)
qualified electors of the district for purposes of this Section
3 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 (12) months from the date of the passage
of this act. Said notice of the call of the
meeting shall be posted in at least two (2) public places
within the district and at the
Town Hall
at least ten (10) days before the meeting. A vote by ballot shall be taken at said first
meeting upon the proposition, "Shall the Oak Ridge
Condominium 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 Oak Ridge Condominium 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
who are qualified electors in the district for purposes
of this Section 3 and who shall act at the
meeting as a board of canvassers. Said board of canvassers
shall be provided by the tax assessor
of the Town of
and such persons shall be the qualified electors of the
district for the purposes of this Section 3.
The name of any person
whose right to vote at said meeting is challenged shall be referred by the
moderator to the board of canvassers 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, the 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 4. (a) An annual meeting of said district shall be
held on the first Monday of
August at
7:30 p.m. of each year occurring after the acceptance by the district of this
act.
(b)
The electors of the district shall elect officers at each annual meeting held
on the first
Monday in August, which
officers shall be qualified electors of the district. Such officers shall
consist of one moderator who shall serve as chairperson of
the board, one clerk, one assessor, one
collector of taxes, and one additional member. These enumerated
officers shall constitute the
board of directors, and the powers, duties and obligations
of the board are prescribed in sections
5, 6 and
7. At the first annual meeting of
the district, the moderator and the clerk shall be elected
for a term ending the first Monday in August, 2012, the
assessor and one member shall be elected
for a term ending the first Monday in August, 2011 and
the tax collector shall be elected for a
term ending the first Monday in August, 2010. Thereafter,
members of the board shall be elected
for a term of office of three (3) years. Any vacancy that
may occur in any of the aforementioned
offices between annual meetings shall be filled by a
qualified elector to be chosen by the other
members of the board to hold the office until the next annual
meeting, provided that 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 (3) 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.
(c)
Special meetings of the district shall be called by the clerk upon order of the
board or
upon written application of at least five (5) electors;
and whenever the subject of ordering a tax is
to be acted on at any special meeting, the 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 and
at the
assessor of taxes of the district to canvass and correct the
voting list in the same manner as that
prescribed in Section 3.
(d)
The qualified 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 qualified electors may appoint committees
they deem necessary, and may fix
the compensation of all agents, employees, and committees
of the district.
(e)
All votes except on motion to adjourn, or on amendment to any pending
proposition,
shall be required by the moderator to be so taken, that the
votes affirmative and negative may be
by him or her counted, and the results entered by the
clerk on the minutes of the meeting.
SECTION 5. (a) The board may from time to time hire,
transfer or otherwise appoint or
employ a treasurer, legal counsel, financial advisors and
other such experts, engineers, agents,
accountants, clerks, and other consultants and employees as it
deems necessary and determine
their duties.
(b)
Other than as approved by the electors at any meeting, the members of the board
shall
receive no compensation, but each member may be reimbursed
for all reasonable and necessary
expenses incurred in the discharge of official duties as
approved by the electors of the district.
SECTION 6. The board shall have all the rights and powers
necessary or convenient to
carry out and effectuate this chapter, including, but
without limiting the generality of the
foregoing, the rights and powers:
(a)
To adopt bylaws for the regulation of its affairs and the conduct of its
business, to
promulgate rules, regulations and procedures in connection with the
performance of its functions
and duties and to fix, enforce and collect penalties for
the violation thereof;
(b)
To adopt an official seal and alter the same at pleasure;
(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, donations, 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 to 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 the making of such
surveys, borings, soundings and examinations;
(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, or
insurance awards;
(k)
To borrow money and incur indebtedness 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 direction;
(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 or revenue,
data processing, election 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 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
funs 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 other
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 our 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 board to maintain groundwater levels within or
without the boundaries of the district.
SECTION 7. 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 chapter 1-5 of title 39 of the
general laws.
(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:
(1) To pay the current expenses of the district;
(2)
To pay the principal of, premium, if any, and interest on evidences of
indebtedness
issued by the board under this chapter as the same become
due and payable;
(3)
To create and maintain such reasonable reserves as may be reasonably required
by
any trust agreement;
(4)
To provide funds for paying the cost of all necessary repairs, replacements and
renewals of the water works system; and
(5)
To pay or provide for any amounts which the district may be obligated to pay or
provide for by law or contract.
(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
with respect to 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
connect 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)
Not later than one hundred eighty (180) days following the end of the
district's fiscal
year, which shall end on June 30, of each year, the board
shall make an annual report of its
activities for the preceding fiscal year to the qualified
electors, including its budget and operation
plans. Each report shall set forth a complete operating and
financial statement covering its
operations during the year. The board shall cause the books,
records and accounts of the district to
be reviewed or audited by a certified public accountant.
The board shall forward copies of the
district's annual report to the town of
Corporation
and the state's department of health.
SECTION 8. (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 outside of the boundaries of the
district. If the district undertakes to distribute
the water so obtained, it shall have the exclusive right
to it, and may maintain an action against
any person for using the water without the consent of the
district, and may regulate the
distribution and use of the water within and without the district.
Nothing in this section, or any
other section of this chapter, shall be construed as giving
to the district an exclusive franchise to
furnish water outside of the boundaries of the district.
(b)
Without limiting the generality of the previous provisions as to fees, rates,
rents,
assessments and charges, any contract of 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 exist as 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 subdivision
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 9. The district is not authorized or empowered to
condemn land or to exercise
the power of eminent domain, or to issue bonds, without
an express legislative act of the general
assembly.
SECTION 10. The board may within and without the district
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.
Prior
to commencing construction in any municipality, the board shall obtain consent
of
the municipality for such construction.
SECTION 11. The qualified electors 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 they
deem necessary for the purpose of: a)
Obtaining and maintaining a
supply of water and distributing the water for the extinguishing of
fire; b) For power, domestic, and other uses; c) For
establishing and maintaining and constructing
water works and driving wells, and operating the water
works and wells; d) 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; e) For
the payment of the current
expenses of the district; f) For the payment of officers,
employees, and other agents as the district
and the board are authorized to elect, appoint, or
otherwise choose under this act; and g) For the
payment of any indebtedness that has been or may be incurred
by the district. 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 assessors of the town or towns wherein
the property to be assessed lies, next previous to the
assessment, adding, however any taxable
property which may have been omitted by the town assessors or
afterwards acquired, using the
assessed valuation made by the assessor of the town where such
property lies. In all cases where
the town assessors have included 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 corresponding
officers of towns 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 three (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 12. Any 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, general or special of the district.
All 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 indebtedness.
SECTION 13. All moneys received pursuant to the provisions
of this chapter, whether as
revenues or otherwise, shall be deemed to be trust funds to be
held and supplied solely as
provided in this chapter.
SECTION 14. 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
subdivision; 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, if any, 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 15. 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 16. 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 17. 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 18. 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 systems which are inconsistent with the provisions of
this chapter shall be inoperative and
ceases to be effective.
SECTION 19. The provisions of this chapter shall be deemed to
provide an exclusive and
complete method for the doing of the things authorized hereby
and shall be deemed and construed
to be not in derogation of, powers conferred upon the
district by law; provided, however, that
insofar as the provisions of this act are inconsistent with
the provisions of any general or special
law, administrative order or regulation, or law of any
municipality, the provisions of this act shall
be controlling.
SECTION 20. 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 21. This chapter, being necessary for the welfare of
the district and its
inhabitants, shall be liberally construed to effect the purposes
hereof.
SECTION 22. This act shall be construed in all respects to
meet all constitutional
requirements. In carrying out the purposes and provisions of this act,
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 act, 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 act.
SECTION 23. The district shall be subject to chapter 46 of
title 42 of the general laws
entitled "Open Meetings."
SECTION 24. This Section and Section 3 of this act shall
take effect upon the passage of
this act. The reminder of this act shall take effect upon
the approval of a majority of those voting
on the question at the election prescribed by Section 3.
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LC02373
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