§ 45-56-7 - Dissolution of downtown center special services district.
SECTION 45-56-7
§ 45-56-7 Dissolution of downtown centerspecial services district. – (a) At any time after the downtown center special services district has beenestablished pursuant to the provisions of this chapter, the district may bedissolved in any one of the following ways:
(1) By the adoption of an ordinance repealing the ordinanceestablishing the downtown center special services district; or
(2) If the district is not divided into subdistricts pursuantto § 45-56-6(b) and if the ordinance establishing the district does notcreate different land use categories pursuant to § 45-56-6(c), by theholding of a referendum by the board of commissioners of the district among allthe holders of record of taxable interests in real property within the districton the question of whether the district shall be dissolved, provided a majorityof those holders responds affirmatively or provided the holders of taxableinterests in real property, the assessments of which constitute more thanone-half ( 1/2) of the total of all assessments for all taxable interests inreal property within the district, respond affirmatively; or
(3) If the district is divided into subdistricts pursuant to§ 45-56-6(b), and if the ordinance establishing the district does notcreate different land use categories pursuant to § 45-56-6(c)(1), by theholding by the board of commissioners of the district of a separate referendumamong all the holders of record of taxable interests in the real propertywithin each subdistrict on the question of whether the district shall bedissolved, provided a majority of those holders in a subdistrict respondsaffirmatively or provided the holders of taxable interests in real propertywithin a subdistrict, the assessments of which constitute more than one-half (1/2) of the total of assessments for all taxable interests in the real propertywithin the subdistrict, respond affirmatively; or
(4) If the district is not divided into subdistricts pursuantto § 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), a separate referendum is held among all the holders of record oftaxable interests in the real property in each land use category in thedistrict on the question of whether the district shall be dissolved, and unlessa majority of holders in a land use category responds affirmatively and unlessthe holders of taxable interests in real property in a land use category, theassessment of which constitute more than one-half ( 1/2) of the total ofassessments for all taxable interests in real property in the land use categorywithin the district, respond affirmatively; or
(5) 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), a separate referendum is held among all the holders of taxableinterests in real property in each land use category in each subdistrict on thequestion of whether the district shall be dissolved, and unless a majority ofholders in a land use category in a subdistrict responds affirmatively orunless the holders of taxable interests in real property in a land use categoryin a subdistrict, the assessments of which constitute more than one-half ( 1/2)of the total of assessments for all taxable interests within the land usecategory within the subdistrict, respond affirmatively.
(6) At any referendum held under this section, all residentsof the town of Westerly, residing in the town and qualified voters, and whoreside 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.
(b) The board of commissioners of the downtown center specialservices district in question shall determine the manner in which anyreferendum held pursuant to subsections (a)(2) – (a)(5) shall beconducted. A referendum may be conducted by mail.
(c) If the downtown center special services district isdissolved pursuant to subsection (a), the board of commissioners of thedistrict shall proceed to wind up the affairs of the district as of the end ofthe then current fiscal year of the district. If, after the dissolution of adowntown center special services district, the district has liabilities,whether fixed or contingent, the legislative body of the municipality in whichthe district was located has the authority to impose, in addition to theregular municipal levy, a levy on the real property within the district, in thesame manner as is provided for the determination of the levy by the board ofcommissioners of the district in the ordinance establishing the district, foras many years as the liabilities remain outstanding, and the levy shall becalculated to produce enough revenue to satisfy and release the liabilities asthey become due, and the revenues shall be deposited into the general fund ofthe municipality and shall be utilized by the municipality, at the direction ofits chief executive officer, solely for the purposes stated in this section.If, after the dissolution of the downtown center special services district, thedistrict has assets which remain following the winding up of the affairs of thedowntown center special services district, the assets shall be transferred tothe municipality within which the district was located.