Introduced By: Senator Enos
Date Introduced : March 19, 1999
It is enacted by the General Assembly as follows:
SECTION 1. The general assembly hereby finds and declares that the creation of the Winnisimet Farm Road District in the town of Tiverton is a public purpose and will ensure and provide for the perpetual care and enhancement of roads and common properties within the Winnisimet Farm subdivision in the town of Tiverton; ensure and provide for both corrective and preventive maintenance to the infrastructure within the district, including roads, stone walls, drainage systems, signage and pond earthworks; ensure and provide for the care of vegetation, soils and topography within the district; protect public safety and property values within the district; and preserve the natural resources of the district for their continued safe use and enjoyment.
SECTION 2. Title 45 of the General Laws entitled "Towns and cities" is hereby amended by adding thereto the following chapter:
{ADD 45-57-1. Creation -- Corporate powers. -- ADD} {ADD (a) There is hereby created a special preservation and management district to be known as the Winnisimet Farm Road District. ADD}
{ADD (b) The district shall consist of those lots of record listed on the town of Tiverton tax assessor's plat map 1-7 Block 179, to include cards numbered:
| 1 | 1a | 2 | 2a | 3 | 3a | 3b | 4 | 4a | 5 | 6 |
| 7 | 7a | 8 | 8a | 9 | 9a | 10 | 10a | 11a | 11b | 12 |
| 12a | 13 | 13a | 14 | 14a | 15 | 15a | 16 | 16a | 17 | 17a |
| 20 | 26 | 27 | 28 | 29 | 30 | 32 | 33 | 34 | 35 | 36 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 |
| 48 | 50 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 |
| 61 | 62 | 63 | 64 | 65 | 66 | 67 | 67a | 68 | 69 | 70 |
| 71 | 72 | 73 | 74 | 74a | ||||||
{ADD (c) The district shall include privately owned lots as well as common properties owned by the Winnisimet Farm Association, including ponds, beach accesses, open land and streets and associated improvements, to wit, Hamilton Circle, Indian Point Road, Penny Pond Road, Winnisimet Drive, Arrowhead Drive and Sachem Road. ADD}
{ADD (d) Lots owned by the Winnisimet Farm Association as common property shall not be lots of record for purposes of voting rights or assessments. ADD}
{ADD (e) Should any lot be created for future individual ownership, either from common property owned by the Winnisimet Farm Association, or from privately owned property, such newly created lots shall be lots of record under the provisions of this act, with future owners incurring all rights and obligations of this act. ADD}
{ADD (f) As used in this chapter, the term "Winnisimet Farm Association" shall mean that neighborhood association previously incorporated under the laws of this state as a nonprofit corporation, which corporation owns the common properties and roads within the district. ADD}
{ADD (g) The district may have a common seal, sue and be sued, and enjoy the powers generally incident to corporations. ADD}
{ADD 45-57-2. Elections. -- ADD} {ADD (a) every owner listed on recorded deeds of any lot or lots of record within the district shall be an elector of the district and shall be eligible to vote in the election of officers of the district and in the ballots for all propositions brought before any annual or special meeting. ADD}
{ADD (b) In the event that the owner of record of any lot or lots is a corporation, partnership, trust or other non-natural person or entity, then the said entity shall be deemed an elector and shall be entitled to cast one vote on any matter to come before the electors. ADD}
{ADD 45-57-3. Annual and special meetings -- Voting. -- ADD} {ADD (a) The district shall hold an annual meeting during the month of October in every year. ADD}
{ADD (b) Special meetings of the district shall be called by the secretary upon order of the board of directors or upon written application of at least fifteen (15) electors; and whenever the subject of ordering an assessment is to be acted on at any special meeting, the assessment shall be mentioned in the notice. It shall be the duty of the secretary 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 one (1) public place within the town of Tiverton and mailing or hand delivering the notice to each elector in 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 the meeting will be held. One (1) notice may be mailed or hand delivered where more than one elector resides, addressed to all electors there residing. It shall be the duty of the secretary of the district to maintain and correct the voting list on a regular basis, using ownership records of the town of Tiverton. ADD}
{ADD (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 fifteen (15) 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 secretary to be so taken, that the votes affirmative and negative may be by him or her counted, and the result entered by the secretary on the minutes of the meeting. ADD}
{ADD 45-57-4. Governing board -- Elections -- Officers. -- ADD} {ADD (a) The electors of the district shall at annual meetings elect a board of directors comprised of seven (7) electors of the district, and shall thereupon elect from the duly elected directors a president, a vice president, a treasurer and a secretary. ADD}
{ADD (b) The directors shall serve for two year terms, and shall serve without compensation. No more than one (1) elector from any lot of record shall serve as a director at the same time. ADD}
{ADD (c) The board of directors shall constitute the governing board of the district, and the duties of the board shall be prescribed in this chapter, and as may be further defined by the bylaws of the district consistent with this chapter. ADD}
{ADD (d) Any vacancy that may occur in the board of directors between annual meetings shall be filled by some elector to be chosen by the other members of the board of directors to hold office until the next annual meeting, at which time the vacancy shall be filled by a vote of the electors. ADD}
{ADD (e) 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 hereto and not inconsistent with any other law; and provided, further, that the electors may appoint such committees as they may deem necessary, and may fix the compensation, if any, of all agents and employees of the district. ADD}
{ADD 45-57-5. Powers of the board of directors. -- ADD} {ADD The board of directors of the Winnisimet Farm Road District shall, in addition to any other powers conferred by this act, have the power: ADD}
{ADD (a) To conduct the business and affairs of the district as approved at annual meetings by a majority vote of electors in attendance; ADD}
{ADD (b) To adopt and amend budgets for revenues, and reserves, and to collect assessments; ADD}
{ADD (c) To make contracts and incur liabilities on behalf of the district; ADD}
{ADD (d) To regulate the use, maintenance, repair, replacement and modification of common elements; ADD}
{ADD (e) To file liens on lots of record for nonpayment of assessments; ADD}
{ADD (f) To approve curb cuts for new construction within the district; ADD}
{ADD (g) Subject to the provisions of this act, to expend and disperse monies as needed to accomplish the purpose of this act and of the district; ADD}
{ADD (h) Subject to the provisions of this act, to acquire by purchase, lease, gift, devise real or personal property required for any district purpose; ADD}
{ADD (i) Subject to provisions of this act, to lease or convey any real property owned by the district or to grant an easement or license with respect to such property, on such terms and conditions as the board may determine; ADD}
{ADD (j) To maintain premises and to provide supervision, control and maintenance thereof; ADD}
{ADD (k) To accept gifts of money and personalty; ADD}
{ADD (l) To hire whatever employees, advisors and consultants which are deemed required from time to time to accomplish the district purposes; ADD}
{ADD (m) To manage and control the property of the district and to insure the same against loss or damage from any risk whatsoever; ADD}
{ADD (n) To place upon the ballot at any annual or special election any proposition which must be approved by the electors pursuant to section 45-57-6 of this chapter; ADD}
{ADD (o) To purchase and maintain insurance to indemnify officers of the district; provided, however, any such officer shall be indemnified only if such officers at the time the claim or cause of action arose or damages were sustained, was acting in the discharge of or within the scope of his or her authorized duties and that such claim or cause of action or damages sustained did not result from the intentional wrongdoing or gross negligence of such person. ADD}
{ADD 45-57-6. Powers of governing board with approval of electors. -- ADD} {ADD The board of directors shall, when authorized by majority vote of the electors voting upon a proposition, have the power: ADD}
{ADD (a) To acquire real property by purchase at prices or amounts authorized by duly adopted proposition; ADD}
{ADD (b) To sell, transfer or permanently dispose of any real property, on such terms and conditions and at such prices as shall by proposition be authorized; ADD}
{ADD (c) To take any further or additional action which, under the provisions of this act, must first be authorized by the adoption of a proposition for such. ADD}
{ADD 45-57-7. Assessments. -- ADD} {ADD (a) The electors of the district, at annual or special meeting of the district, shall have the power to order the imposition and collection of such monetary assessments upon lots of record with the district as they deem necessary for the payment of common expenses incurred or to be incurred in fulfillment of the purposes of the district and of this chapter. ADD}
{ADD (b) Assessments shall be determined for each lot of record equally, without regard to the lot location, size or value of the land or of any improvements thereon, and without regard to the benefit of any individual lot owner. ADD}
{ADD (c) The amount of assessments hereunder shall be determined by a majority vote of the electors voting, upon recommendation of the board of directors and consideration of the treasurer's annual report. ADD}
{ADD (d) Notwithstanding the forgoing, any common expense incurred by the district as the result of misconduct by an individual lot owner or owners may be assessed exclusively against the offending lot owner or owners. ADD}
{ADD 45-57-8. Unpaid assessments. -- ADD} {ADD A reasonable interest charge, approved by the board of directors, shall be added to assessments that remain unpaid after one year from the notification of the assessment, and shall accumulate annually thereafter on the unpaid balance. ADD}
{ADD 45-57-9. Audits. -- ADD} {ADD An audit of the treasurer's financial records shall be conducted annually prior to the annual meeting by a person, firm or committee appointed by the board of directors. The audit report shall be included in the annual treasurer's report. ADD}
{ADD 45-57-10. Establishment of the road district. -- ADD} {ADD The road district shall be established when approved by majority vote of the electors under the following procedures: Ballots shall be distributed by certified mail to every elector as defined in section 45-57-2. Ballots shall include copies of this act and instructions for ballot submission with at least a 30 day response period. Ballot procedural language shall be certified by the board of canvassers of the town of Tiverton. Completed ballots shall be returned to the board of canvassers, which shall certify the results. The approval vote will be conducted at no cost to the town of Tiverton. ADD}
{ADD 45-57-11. Implementation of the road district. -- ADD} {ADD The Winnisimet Farm Road District shall be duly instituted when the majority vote of the electors, as certified by the board of canvassers, together with a copy of this act, are recorded in land evidence records of the town of Tiverton. ADD}
{ADD 45-57-12. Exemption from liability. -- ADD} {ADD Notwithstanding any other provisions of law, no person serving without compensation as a director, officer, or volunteer of the Winnisimet Farm Road District shall be liable to any person based solely on his or her conduct in the execution of the office or duty unless the conduct of the director, officer or volunteer with respect to the person asserting the liability constituted malicious, willful or wanton misconduct. As used in the section "compensation" does not include a per diem or per meeting allowance, or reimbursement for out of pocket costs and expenses incurred in the service. Nothing herein shall be construed to exempt a director, officer or volunteer from liability based upon his or her ownership and/or operation of a motor vehicle. ADD}
{ADD 45-57-13. Severability. -- ADD} {ADD This chapter shall be construed in all respects so as 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 foregoing 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 of the validity of any other provisions of this chapter. ADD}
SECTION 3. This act shall take effect upon passage.
