12-LA114
2012 -- H 8166 AS AMENDED
Enacted 06/11/12
A N A C T
AUTHORIZING THE
ESTABLISHMENT OF THE ABBEY LANE COMMUNITY WATER DISTRICT
Introduced By: Representative Michael W. Chippendale
Date Introduced: May 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Local Act 87 as enacted in 2008 entitled “AN ACT
TO INCORPORATE
THE ABBEY LANE
CONDOMINIUM ASSOCIATION, INC. WATER DISTRICT”, and Local
Act 89 as enacted in 2009
in amendment thereof entitled “AN ACT RELATING TO THE
ABBEY LANE COMMUNITY
ASSOCIATION, INC. WATER DISTRICT” are here by
repealed in their entirety.
SECTION 2. 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 Abbey Lane Community
Water 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
on the tax assessor’s maps of the Town of
public and private streets, roads and thoroughfares listed
and all public and privately held
properties. The area within the boundaries described in this
section shall be known as the Abbey
Lane
Community water district.
(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 3. Electors. - The
inhabitants of the district registered to vote for town officers
are electors of the district.
SECTION 4. 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 4(b) hereof. The district shall hold a
regular meeting on the first Thursday
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 five
(5) 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 5. Officers constituting board – Powers – Elections.
– (a) The electors of the
district shall at each annual meeting elect officers to serve
until the next succeeding annual
meeting in May and until their successors are elected and
qualified, and the elected offices shall
consist of a chairperson, a vice chairperson, and a clerk,
whose duties and powers are within the
district, as like officers proper for a district. The elected
officers constitute the board, and the
duties of the board are prescribed in this chapter. Any
vacancy that may occur in any of the
aforenarned elected 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 annual meeting or at
such
intervals and on such dates as a majority of the electors
present at a regular meeting shall
determine, provided that elections shall be held not less than
once every four (4) years. At the
first meeting of the district, the one member shall be
elected for a term ending the first Thursday
in May, 2015, one member shall be elected for a term
ending the first Thursday in May, 2014 and
one member shall be elected for a term ending the first
Monday in May, 2013. 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 3(a).
(c)
For a person to become a candidate at any election under this section, that
person
must be a qualified elector.
(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
(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. Two members of the board
shall constitute a quorum and the affirmative vote of two
member shall be necessary for any such
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 6. Officers and employees of
board. - (a) The chairperson of the board shall
be
selected by the majority vote of the members of the board.
Appointed officers shall consist of a
treasurer, a tax collector and a tax assessor, which shall be
appointed in the manner provided in
the district’s bylaws. The treasurer, tax collector and
the tax assessor shall not be members of the
board. The treasurer, tax collector and tax assessor need
not be qualified electors of the district
and may receive such compensation as set forth in the
bylaws. Appointed officers may hold more
than one office.
(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 7. 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 8. Powers. - The board
shall have all the rights and powers necessary or
convenient to carry out and effectuate this chapter, including,
but without limiting the generality
of the foregoing, the rights and powers:
(a)
To adopt by-laws for the regulation of its affairs and the conduct of its
business, to
promulgate rules, regulations and procedures in connection with
the performance of its functions
and duties and to fix, enforce and collect penalties for
the violation thereof;
(b)
To adopt an official seal and alter the same at pleasure;
(c)
To maintain an office at such place or places as it may determine;
(d)
To apply for, receive, accept, administer, expend and comply with the
conditions,
obligations and requirements respecting any grant, gift, loan,
including without limitation any
grant, gift or loan from agencies of local, state and
federal governments, donation or
appropriation of any property or money in aid of the purpose 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,
town of
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;
(1)
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 9. 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 f
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
(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
order to provide for the collection and enforcement of its fees, rates, rents,
assessment
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
fee, 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 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, 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 the books,
records and accounts of the district to
be reviewed or audited by a certified public accountant.
SECTION 10. 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 11. 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
Foster, whether for
immediate or future use, the district may find and determine that such
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 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 Foster town council
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 the passage of the vote of the town council,
the board shall cause to be filed in the
appropriate land evidence records a copy of the two votes
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 copies of the votes and
statement of the chairperson shall be
certified by the clerk of the district and the description and
plat shall be certified by the Foster
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 votes, 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 votes, 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 votes, 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
Foster at least once a week
for three (3) successive weeks.
(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 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 estates 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 board 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 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 votes,
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 12. 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 13. Taxes - Assessments - Penalty
for nonpayment. - 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 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 district; for the
payment of officers, employees, and other
agents as the board is authorized to elect, appoint, or
otherwise choose under this act; 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 Foster tax
assessor, next previous to the assessment, adding, however,
any taxable property which may have
been omitted by the town assessor or afterwards acquired,
using the assessed valuation made by
the Foster tax assessor. In all cases where the town
assessor has 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 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 14. 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,
(40) years
from their dates of issue, as may be determined by the board 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 board of the district prior to the issue of
the bonds. The board 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
such officer 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 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
district 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 been
destroyed or lost.
SECTION 15. 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 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 16. 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 2
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
6 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 of the
district.
SECTION 17. 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 18. 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
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 an any
applicable redemption premium; or the board may deposit direct
or guaranteed obligations of the
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
guaranteed obligations of the
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
SECTION 19. 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 20. 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 21. 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 funs, including capital in their control or belonging
to them. Such bonds and notes are
hereby made securities which may 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 22. 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 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 23. 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 24. 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 o 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
thousand dollars ($1,000) or imprisoned not more than one
year, or shall suffer both fine and
imprisonment.
SECTION 25. Records; reports; inspection.
- The district shall at all times keep flail 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 26. Termination or dissolution of
district. - Upon termination or dissolution of
the district, the title to all finds 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 27. 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 28. 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 29. 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. All action of the Abbey
Lane Community Association
Inc. Water District taken pursuant to this act becoming effective
and hereby ratified and confirmed.
SECTION 30. Construction of act. –
This chapter, being necessary for the welfare of the
district and its inhabitants, shall be liberally construed to effect
the purpose hereof.
SECTION 31. 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 32. Open meetings law “Access to Public
Records”. - The district shall be
subject to chapter 46 of title 42 of the general laws
entitled ‘Open Meetings.” “Open Meetings.”
The district shall be
subject to chapter 2 of title 38 of the general laws entitled “Access to Pubic
Records”.
SECTION 33. The first meeting shall be called by any
five (5) qualified electors of the
district for purposes of this Section 33 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 Abbey Lane Community
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 Abbey Lane Community 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 election of a moderator, a clerk, and a
committee of three (3) persons, qualified
electors in the district for purposes of this Section 33, 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
Foster with 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 33. 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 34. Sections 33 and 34 of this act shall take effect
upon the passage of the act.
The remainder of this act
shall take effect upon the approval of a majority of those voting on the
question as prescribed by section 33.
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LC02609
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