HB399: establishing the town of East Derry.

HB 399 - AS INTRODUCED

2003 SESSION

03-0380

08/10

HOUSE BILL 399

AN ACT establishing the town of East Derry.

SPONSORS: Rep. Dupuis, Rock 77; Rep. Buhlman, Hills 66; Rep. John Manning, Rock 76

COMMITTEE: Municipal and County Government

ANALYSIS

This bill establishes the town of East Derry.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0380

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing the town of East Derry.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Town of East Derry Established. Subject to a referendum vote as set forth in section 2 of this act, all that part of the town of Derry that is bounded by the East Derry fire precinct at present with bounds described as follows shall be hereby separated from the town of Derry and incorporated as the town of East Derry on July 1, 2004, namely: commencing at the existing town line between Auburn and Derry; thence along said town line in a southeasterly direction to the town line between Chester and Derry, thence southeast to the town line between Sandown and Derry, thence south to the town line of Hampstead and Derry, along the railroad track commonly called the Nashua & Rochester Railroad track from Hubbard depot on the Warner Hill road across country to the Beattie farm, so called, on the Derry Dock road and to the north and west where the boundary meets the Derry Fire District boundary, to include the following streets and lands located in the bounds of the East Derry Fire Precinct; Adams Pond Road, Adams Shore Road, Al Street, Alice Road, Allison Lane, Applewood Drive, Back Chester Road, Ballard Road, Barkland Drive, Bayberry Lane, Beaver Road, Beaver Lake Avenue, Beaver Lake Road, Beckford Road, Belle Brook Lane, Belmont Terrace, Berge Lane, Bill Street, Birchwood Drive, Bisbee Circle, Blake Farm Road, Bonnie Lane, Brenda Drive, Brier Lane, Brandy Rock Drive, Brookview Drive, Butternut Lane, Buttonwood Drive, By-Pass 28 (#'s 106 & up evens and 127 & up odds), Carberry Drive, Cemetery Road, Chancellor Drive, Charlestown Place, Chester Road (#'s 48 & up evens and 55 & up odds), Cole Road, Coles Grove Road, Colony Brook Lane, Country Road, Cove Drive, Coventry Lane, Cross Road, Cunningham Drive, Cyril Road, D'amore Lane, Damren Road, Daniel Road, Datillo Road, Debbie Terrace, Desforge Lane, Donna Drive, Donovan Drive, Drew Woods Drive, Dubeau Drive, East Derry Road (#'s 30 and up evens and 33 & up odds), Eastman Drive, Eastview Drive, Eileen Avenue, Elaine Avenue, Eleanor Avenue, Elwood Road, Emerald Drive, Emerson Drive, English Range Road, Erin Lane, Evelyn Avenue, Evers Lane, Faith Drive, Field Road, Fieldstone Drive, Floyd Road, Forest Street, Fox Hollow Road, Gardner's Way, Garvin Road, Gates Drive, Gena Avenue, George Drive, Gloria Terrace, Grandview Avenue, Greta Avenue, Halls Village Road, Hampstead Road, Happy Avenue, Heather Lane, Hemlock Spring Road, Heritage Lane, Hickory Drive, Hilda Avenue, Holiday Avenue, Horseshoe Drive, Hubbard Court, Hubbard Hill Road, Humphrey Road (#24-48, 9-19 and #37-49), Hunter Drive, Island Pond Road (#'s 34-144), Jade Court, Jeff Lane, Jenney Dickey Hill, Jessica Lane, Jewell Lane, Judith Lane, Juniper Road, Karen Avenue, Keats Drive, Kenro Way, Kristin Drive, Lake Avenue, Lakeshore Drive, Lake Street, Lane Road, Ledgewood Drive, Lee Circle, Liberty Circle, Londonderry Lane, Malo Avenue, Mark Avenue, Maurice Road, Maxwell Drive, McKinley Avenue, Meadowbrook Road, Mecca Lane, Mirra Avenue, Morningside Drive, Morrison Road, Mundy Lane, Nelson Farm Road, Newhouse Drive, Northshore Road( ), Nutmeadow Lane, Old Auburn Road (#'s 40 & up evens and 27& up odd #'s), Old Chester Road, Old Manchester Road, Olsen Road, Opal Drive, Orchard Drive, Partridge Lane, Paul Avenue (# 20 & up evens and 11 & up odd #'s), Pebble Lane, Penny Lane, Peter Drive, Pine Bluff, Pine Street, Pingree Hill Road, Pioneer Valley Street, Pond Road, Pondview Drive, Prosperity Drive, Quaker Drive, Quincy Drive, Rachel Court, Rain Pond Pl, Redfield Circle, Reed Street, Regency Road, Remington Court, Rueben Road, Richardson Road, Rivera Circle, Rocky Circle, Rocky Road, Route 121, Sagamore Drive, Sanborn Road, Scenic Drive, Scobie Pond Road (#'s 78 & up evens, 87 & up odds), Senter Cove Road, Sharon Avenue, Sheldon Road, Shelly Drive, Shepard Road, Spollet Drive, Spring Drive, Springfield Circle, Symphony Lane, Tobacco Road, Topaz Circle, Trent Road, Tsienneto Road (#'s 50 and up evens, 51 & up odds), Twilight Path, Village Brook Lane, Viza Avenue, Walden Drive, Walnut Hill Road, Warner Hill Road (#1-155 & 2-150), Water Street, Wayne Drive, Weber Circle, Westerly Drive, Whispering Pines, Wildwood Drive, Wishingwell Lane, Winchester Terrace, Wortherly Road, Wright Road, Wryan Road, Young Road, Zames Street.

2 Referendum. A special referendum vote shall be held on October 14, 2003 for the purpose of voting on the question with respect to the separation of East Derry from the town of Derry. For the purposes of this referendum election, only persons resident and legally registered to vote within the East Derry bounds as described in section 1 are eligible to vote on the question of the separation of that territory from the town of Derry. For the purposes of this section, June M. Fahey, Micheal Shackleford, Roland Dupuis and Sandra Hopfgarten, or any 3 of them, shall call a meeting of said inhabitants residing within the bounds of the East Derry fire precinct for the purpose of conducting such vote. The town of Derry moderator and supervisor of the checklist shall oversee this referendum vote. The meeting shall be warned by posting of notices 14 days prior to the date of the meeting. Notices shall be posted in accordance with the provisions of RSA 39:5. The town of Derry supervisor of the checklist shall provide the East Derry voter checklist. This checklist shall be used at the meeting for the purpose of the vote and posted in accordance with law.

3 Effective Date of Separation. If a majority of those voting in the East Derry bounds approves the question in the special referendum election, section 1 of this act takes effect with respect to the separation of East Derry from the town of Derry and East Derry shall be incorporated as the town of East Derry on July 1, 2004.

4 Provision for First Meeting. Following approval by voters, then not more than 30 days after the special referendum vote, June M. Fahey, Michael Shackleford, Roland Dupuis and Sandra Hopfgarten, or any 3 of them, shall call a meeting of the inhabitants of the town of East Derry for the election of all necessary town officers. Town officers chosen shall continue in office until the annual meeting of the town for the choice of town officers and shall have all the powers and duties that town officials have in accordance with New Hampshire law. Future town meetings shall forever be held in accordance with the laws of the state of New Hampshire, and the persons named in this section shall select one of their members who shall preside in the meeting until a moderator be chosen to govern the meeting. The meeting shall be warned by posting of notices 14 days prior to the date of the meeting, notices shall be posted in accordance with the provisions of RSA 39:5. The above named, or any 3 of them, shall prepare a checklist of the inhabitants of the town of East Derry bounded as described in this act. The checklist shall be used at the meeting and posted in accordance with law.

5 Form of Government. If the voters of East Derry approve the question, the town of East Derry shall be incorporated and separated from the town of Derry on July 1, 2004 and shall adopt the town meeting with selectmen as its form of government.

6 Town of Derry. All moneys or other personal property on hand or now due or that shall in the future become due to or be the property of the town of Derry by virtue of any grant or other act done or performed before July 1, 2004, shall become or remain the property of the town of Derry, except for those items enumerated in section 9 of this act.

7 Appointment of Bonded Indebtedness. All bonded indebtedness of the town of Derry, together with interest on such bonds, existing prior to July 1, 2004, shall be charged against the town of Derry and the town of East Derry in proportion to the equalized valuation of each town as provided in RSA 33:4-b.

8 Community Land and Buildings. All land and structures located within the boundaries of East Derry which are the property of the town of Derry, held or used for public and community purposes, together with supplies and equipment in such structures or on such land, shall become the property of the town of East Derry as of July 1, 2004. Liability for the preservation, maintenance and operation of said property shall be that of the town of East Derry except for such liability relating to property used in the provision of water and sewer services, which shall fall within the provisions of section 10 of this act. The town of East Derry shall assume any rental, leasehold, or other legal obligations formerly assumed by the town of Derry for the use of said property prior to July 1, 2004, except as such obligations may otherwise be apportioned.

9 Apportionment of Municipal Equipment. The town of Derry shall, on or before July 1, 2004, deliver to the town of East Derry, in addition to the above described property, the municipal equipment listed in an agreement between the town council of Derry and the town officers of East Derry.

10 Water and Sewer Service. The town of Derry water and wastewater division shall continue to provide water and sewer services to the inhabitants of the town of East Derry who are presently provided with or planned to be provided with (as per the 2003 capital improvement plan) those services prior to July 1, 2004 at rates which are equal to those charged of property owners within the town of Derry. The town of Derry, through the water and wastewater division shall continue to use, service and own all equipment, property and access associated with the water and wastewater division. The preservation, maintenance and operation of such property shall be the obligation of the town of Derry through the water and wastewater division.

11 Derry Cooperative School District. That part of the town of Derry that is incorporated in to the town of East Derry by section 1 of this act shall remain in the Derry cooperative school district on July 1, 2004. All procedures required by state law to formally establish the cooperative school district shall be completed and implemented with the state department of education prior to July 1, 2004. The boundaries of the Derry cooperative school district shall remain the same and all buildings and lands belonging to the Derry cooperative school district shall remain in its possession.

12 Planning and Zoning. The zoning ordinances governing the properties located within the boundaries of the town of East Derry shall remain in effect after July 1, 2004 unless and until they are changed by the town, pursuant to procedures provided by statute. The selectmen of the town of East Derry shall adopt interim building codes, provided that such codes meet minimum building codes and life safety codes, and shall adopt an ordinance imposing interim regulations on development as provided in RSA 674:23.

13 Capital Improvements. Any other provisions of law notwithstanding, the selectmen of the town of East Derry may expend any and all moneys appropriated by the town meeting for capital improvements in the 2004-2005 town budget as they deem necessary in order to meet start-up expenses during the town's first year.

14 Effective Date. This act shall take effect 60 days after its passage.