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FOOTNOTE(S):
--- (2) --- REFEDITOR ENDPAGE Editor's note— An ordinance of December 13, 1990, §§ 1—8, did not specifically amend the Code; therefore, inclusion as Art. III, §§ 10-51—10-57, was at the discretion of the editor.
refcharter or refcross or refstatelaw Cross reference— Administration, Ch. 2; parks and recreation, Ch. 9.
Sec. 10-51. - Created; purpose.#
Pursuant to Public Laws of Rhode Island 1990, Chapter 121 entitled "An Act Establishing The Scituate Land Trust," the town council of the Town of Scituate does hereby establish the Scituate Land Trust (hereinafter called the trust). The trust shall have the authority to acquire, hold, and manage real property and interests therein including development rights situated in the town consisting of open, residential, agricultural, recreational, historical or littoral property, including existing and future wellfields and aquifer recharge areas, fresh water marshes and adjoining uplands, wildlife, habitats, land or buildings providing access to or views of water bodies, or for bicycling and hiking paths, or for future public recreational use, and land for agricultural use, or air space thereof. With the exception of property acquired for public historical preservation or recreational purposes, the trust shall hold all property or development rights solely as open space or for agricultural uses or for water purposes or for public access or to prevent the accelerated residential or commercial development thereof, as the trustees may determine.
Comment Text (parent not a footnote)(Ord. of 12-13-90, §§ 1, 2)
Sec. 10-52. - Composition.#
The trust shall be administered by seven (7) trustees to be appointed by the town council, four (4) of whom shall be serving members of the conservation commission of the Town of Scituate which has been created by the town council of the Town of Scituate pursuant to Chapter 35 of Title 18 of the General Laws. The trustees who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) years respectively. Thereafter, trustees shall be appointed as aforesaid for a term of office of five (5) years, except that all vacancies occurring during a term shall be filled for the unexpired term.
Comment Text (parent not a footnote)(Ord. of 12-13-90, § 3)
Sec. 10-53. - Officers; meeting minutes.#
The trustees shall annually elect a chairman and vice-chairman from their members shall appoint a secretary who may either be a member or a nonmember. Copies of all meetings minutes shall be submitted to the town council president for distribution as he or she shall see fit and shall be filed with the town clerk.
Comment Text (parent not a footnote)(Ord. of 12-13-90, § 4)
Sec. 10-54. - Rules and regulations; budget.#
The trustees shall adopt reasonable rules and regulations governing the conduct of trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this article and the enabling act. All rules and regulations of the trust are subject to the approval of the town council. Decisions of the trustees shall be by majority of those present and voting, excepting in decisions of the acquisition of land, easements, rights-of-way and other uses referred to in section 10-51 of this article, which must be by majority vote of all trustees. The trustees shall prepare an operating budget that must be sent to the town council for review and approval and then be presented to the financial town meeting for final approval.
The funds authorized in this budget will be paid by the town treasurer in accordance with the accepted procedures that are in place in the town at that time.
All funds that are released for land acquisition or other purposes referred to in section 10-51 of this article can only be released after a public hearing requiring three (3) weeks of advertising, and approval by a majority of the trustees.
Comment Text (parent not a footnote)(Ord. of 12-13-90, § 5)
Sec. 10-55. - Duties and obligations.#
The trust shall have the power to: (1)
Purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real property, including development rights as defined in Section 42-82-2 of the General Laws, or any interest in real property consistent with purposes of this act, including other development rights of any kind whatsoever.
(2)
Accept gifts, grants or loans or funds or resources or services from any source, public or private, and comply, subject to the provisions of this article, with any terms and conditions thereof.
(3)
Accept from state and/or federal agencies, loans or grants or resources for use in carrying out the trust's purposes and enter into agreements with such agencies respecting any such loans or grants.
(4)
Employ, to the extent permitted by its budget, counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to perform its duties.
(5)
Administer and manage land and interests in land held by it in a manner which allows public use and enjoyment consistent with the natural and scenic resources thereof, including conveyance of any such land or interests in land to, and contracts with, nonprofit organizations, provided such land shall continue to be used in a manner consistent with the purposes of this article and with the terms of any grant or devise by which such land was acquired by the trust.
(6)
Incur debt, only after authorization in each instance by vote of the town council and the annual or a special financial town meeting, in accordance with section 10-56 of this article. The trust shall be obligated to pay debt service on all such debt to the extent funds are available and to reimburse the town for any town funds expended to pay such debt service. Whenever the town shall have been required to pay over any sums of money to the trust, the trust shall be precluded from acquiring any additional property until the trust shall have repaid the town in full for all sums paid to the trust hereunder and to reimburse the town for any town funds expended to pay such debt service.
(7)
Dispose of all or any portion of its real property or interests therein held by it, whenever in the opinion of the trustees said lands or properties have become unsuitable or have ceased to be used for the purpose set forth in this article. Such disposition shall be made only by a vote of the trustees in which at least four (4) members vote in favor of such a disposition and further only having been approved by a two-thirds (2/3) vote of an annual or special financial town meeting. Nothing in this subsection shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the trust as part of a charitable trust or acquired by gift or devise for the public use, whether or not such gift or devise is subject to a condition subsequent or reverter.
(8)
Invest such portions of its funds as may be deemed prudent, in local or state negotiable instruments, including but not limited to "homeowner notes," so called.
(9)
Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligations and the conduct of its business.
Comment Text (parent not a footnote)(Ord. of 12-13-90, § 6)
Sec. 10-56. - Funds collected; trust account, etc.#
All funds collected by virtue of the town's bonding authority for the purpose of financing the activities of the trust under the article, or subsections (2) and (3) of section 10-55, shall be deposited in a fund to be set up as a revolving or sinking account by the treasurer of the town. Additional moneys or other liquid assets received as voluntary contributions, grants or lands, funds appropriated to the trust by vote of an annual or special financial town meeting or proceeds from disposal of real property or interests shall be deposited into said account. All operating expenses lawfully incurred by the trust in carrying out the provisions of this article shall be evidenced by proper vouchers and shall be paid by the treasurer of the town only upon submission of warrants duly approved by the trust and by the town council. The treasurer of the town shall prudently invest available assets of the funds, and all income thereon shall accrue to the fund.
In addition to any other investments, the treasurer of the town is specifically empowered to invest such portions of its funds as may be deemed prudent, in local or state negotiable instruments, including but not limited to "homeowner notes," so called.
Upon termination or dissolution of the trust, the title of all funds and other properties owned by the trust which remain after payment or making provision for payment of all bonds, notes and other obligations of the trust shall vest in the town.
Comment Text (parent not a footnote)(Ord. of 12-13-90, § 7)
Sec. 10-57. - Tax exemption.#
The trust and all its revenues, income and real and personal property used by the trust for furtherance of its public purposes, shall be exempt from taxation and from betterment and special assessments, and as provided in the enabling act the trust shall not be required to pay any tax, excise or assessment to the state or any of its political subdivisions.
Comment Text (parent not a footnote)(Ord. of 12-13-90, § 8)