§ 45-56-4 - Referendum on an ordinance establishing a downtown center special services district.
SECTION 45-56-4
§ 45-56-4 Referendum on an ordinanceestablishing a downtown center special services district. – (a) An ordinance establishing a downtown center special services district shallnot take effect unless, within sixty (60) days of the adoption of theordinance: (1) If the district is not divided into subdistricts pursuant to§ 45-56-6(b), a referendum is held among all the holders of record oftaxable interests in real property within the district on the question ofwhether the ordinance shall take effect, and unless a majority of the ownersrespond affirmatively and unless the holders of the taxable interests in realproperty, the assessments of which shall constitute more than one-half ( 1/2)of the total of assessments for all taxable interests in real property withinthe district, shall respond affirmatively; or, (2) if the district is dividedinto subdistricts pursuant to § 45-56-6(b), a separate referendum is heldamong all the holders of record of taxable interests in the real propertywithin each subdistrict on the question of whether the ordinance shall takeeffect, and unless a majority of those holders in each subdistrict respondsaffirmatively and unless the holders of taxable interests in real propertywithin each subdistrict, the assessments of which constitutes more thanone-half ( 1/2) of the total of assessments for all taxable interests in realproperty within each subdistrict, respond affirmatively; (3) if the ordinanceestablishing the district creates different categories of land use within thedistrict pursuant to § 45-56-6(c)(1), a separate referendum is held amongall the holders of record of taxable interests in real property in each landuse category in the district on the question of whether the ordinance shalltake effect, and unless a majority of those holders in each land use categoryresponds affirmatively and unless the holders of taxable interests in realproperty in each land use category, the assessments of which shall constitutemore than one-half ( 1/2) of the total of assessments for all taxable interestsin real property in each land use category within the district, shall respondaffirmatively; and (4) if the district is divided into subdistricts pursuant to§ 45-56-6(b) and if the ordinance establishing the district createsdifferent categories of land use within the district pursuant to §45-56-6(c)(1), and if the ordinance also provides a different basis for thedetermination of the levies on the same land use category in differentsubdistricts pursuant to § 45-56-6(c)(2), a separate referendum is heldamong all the holders of taxable interests in real property in each land usecategory in each subdistrict on the question of whether the ordinance shalltake effect, and unless a majority of holders in each land use category in eachsubdistrict responds affirmatively and unless the holders of taxable interestin real property in each land use category in each subdistrict, the assessmentsof which constitute more than one-half ( 1/2) of the total of assessments forall taxable interests within each land use category within each subdistrict,respond affirmatively. For the purposes of this section, any tenant in commonof any freehold interest in real property has a vote equal to the fraction ofhis or her ownership in that interest. Any joint tenant of any freeholdinterest in real property shall vote as if each tenant owned an equal,fractional share of the real property. A corporation shall have its vote castby the chief executive officer of the corporation or his or her designee. Noowner has more than one vote.
(b) The ordinance establishing the downtown center specialservices district shall prescribe the method and manner in which a referendumis conducted, and shall provide the qualifications for those participating inthe referendum. The referendum may be conducted by mail.
(c) No holder of record of taxable interest in real property,whether the record holder is a corporation, partnership, unincorporatedassociation, trustee, fiduciary, guardian, conservator, or other form ofentity, or any combination of these, and whether the record holder is anindividual who holds interests jointly, or in common with another individual orindividuals, or with any one or more of the preceding, shall be precluded fromparticipating in a referendum because of the form of entity which holds therecord interest.
(d) At a referendum held under this section, all residents ofthe town of Westerly, residing in the town and qualified voters thereof, andwho reside in the district or subdistrict as the case may be, have the right tovote and the referendum shall not take effect unless a majority of all votersrespond affirmatively.