§ 45-56-4. Referendum on an ordinance establishing a downtown center special services district. (a) An ordinance establishing a downtown center special services district shall not take effect unless, within sixty (60) days of the adoption of the ordinance: (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 of taxable interests in real property within the district on the question of whether the ordinance shall take effect, and unless a majority of the owners respond affirmatively and unless the holders of the taxable interests in real property, the assessments of which shall constitute more than one-half (1/2) of the total of assessments for all taxable interests in real property within the district, shall respond affirmatively; or, (2) if the district is divided into subdistricts pursuant to § 45-56-6(b), a separate referendum is held among all the holders of record of taxable interests in the real property within each subdistrict on the question of whether the ordinance shall take effect, and unless a majority of those holders in each subdistrict responds affirmatively and unless the holders of taxable interests in real property within each subdistrict, the assessments of which constitutes more than one-half (1/2) of the total of assessments for all taxable interests in real property within each subdistrict, respond affirmatively; (3) if the ordinance establishing the district creates different 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 of taxable interests in real property in each land use category in the district on the question of whether the ordinance shall take effect, and unless a majority of those holders in each land use category responds affirmatively and unless the holders of taxable interests in real property in each land use category, the assessments of which shall constitute more than one-half (1/2) of the total of assessments for all taxable interests in real property in each land use category within the district, shall respond affirmatively; and (4) if the district is divided into subdistricts pursuant to § 45-56-6(b) and if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c)(1), and if the ordinance also provides a different basis for the determination of the levies on the same land use category in different subdistricts pursuant to § 45-56-6(c)(2), a separate referendum is held among all the holders of taxable interests in real property in each land use category in each subdistrict on the question of whether the ordinance shall take effect, and unless a majority of holders in each land use category in each subdistrict responds affirmatively and unless the holders of taxable interest in real property in each land use category in each subdistrict, the assessments of which constitute more than one-half (1/2) of the total of assessments for all taxable interests within each land use category within each subdistrict, respond affirmatively. For the purposes of this section, any tenant in common of any freehold interest in real property has a vote equal to the fraction of his or her ownership in that interest. Any joint tenant of any freehold interest in real property shall vote as if each tenant owned an equal, fractional share of the real property. A corporation shall have its vote cast by the chief executive officer of the corporation or his or her designee. No owner has more than one vote.

(b) The ordinance establishing the downtown center special services district shall prescribe the method and manner in which a referendum is conducted, and shall provide the qualifications for those participating in the 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, unincorporated association, trustee, fiduciary, guardian, conservator, or other form of entity, or any combination of these, and whether the record holder is an individual who holds interests jointly, or in common with another individual or individuals, or with any one or more of the preceding, shall be precluded from participating in a referendum because of the form of entity which holds the record interest.

(d) At a referendum held under this section, all residents of the town of Westerly, residing in the town and qualified voters thereof, and who reside in the district or subdistrict as the case may be, have the right to vote and the referendum shall not take effect unless a majority of all voters respond affirmatively.

History of Section. (P.L. 1998, ch. 135, § 1.)