2013 -- H 6028

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LC02405

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO "AN ACT TO INCORPORATE THE QUONOCHONTAUG CENTRAL

BEACH FIRE DISTRICT"

     Introduced By: Representative Donna M. Walsh

     Date Introduced: April 24, 2013

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 2, 3, 4, 5, and 6 of the Act passed at the January Session, 1930,

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entitled, "An Act To Incorporate The Quonochontaug Central Beach Fire District", as amended,

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are hereby amended to read as follows:

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     "Sec. 2. Every citizen of the united States, irrespective of sex, of the age of 21 years who

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is possessed in his or her own right of real estate "located in said district which is of the value of

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at least $134.00 over and above all encumbrances, shall have the right to vote at any annual or

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special meeting of said district, or at any adjournment thereof; provided, however, that the right to

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vote shall not be exercised by any person otherwise qualified to vote if when a vote is taken at

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any meeting of the district his or her taxes shall have been in arrears for 2 years prior to a such

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meeting.

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     Sec. 2. At any annual or special meeting of the Quonochontaug Central Beach Fire

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District, an eligible voter shall be: (a) A person of the age of majority according to the laws of the

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state of Rhode Island, or one duly authorized representative of any lot which is not a person,

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having (or representing owners who have assigned to such voter their voting interest in) an

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undivided present interest in a lot, which, if by deed, has been recorded in the land evidence

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records of the town of Charlestown, or if by will or laws of intestacy, the estate from which

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derived shall have been finally admitted to probate by the probate court having jurisdiction

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thereof, at least sixty (60) days prior to any meeting, or who can otherwise substantiate such

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ownership by legal instrument duly recorded, or otherwise, to the satisfaction of the clerk of the

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fire district, or other officer authorized by the fire district to do so.

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     (b) Any person not otherwise representing a lot, who is an elector of the town of

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Charlestown and resides in the Quonochontaug Central Beach Fire District.

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     (c) As used in this act, "lot" means any lot identified by the town of Charlestown tax

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assessor as lying within the Quonochontaug Central Beach Fire District, as said fire district is

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described in section 1 of this act.

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     Sec. 3. The annual meeting of said Quonocontaug central beach fire district

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Quonochontaug Central Beach Fire District for the election of officers and the transaction of any

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other business shall be holden at some convenient place within the district or without the district,

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providing said meeting place shall be within five ten miles of said district on any Saturday

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between June 1 and September 30 The annual meeting of said corporation for the election of

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officers and the transaction of any other business shall be holden on the second Saturday after

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Labor Day in each year at 7:00 10:00 o'clock A.M. daylight savings time, s as determined by the

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Board of Governors from time to time."

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     A vote by ballot shall be taken at said meeting upon the proposition: "Shall the

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Quonocontaug Central Beach fire district be established according to the act of incorporation

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passed by the general assembly of the state?" If a majority of the persons voting shall vote "Yes,"

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then said Quonocontaug Central Beach fire district shall be established according to the

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provisions of this act. If a majority of the persons so voting shall vote "No," then this act shall

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become null and void.

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     Sec. 4. Said qualified voters, at each annual meeting and at any other meeting, when

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vacancies occur, may elect the following officers: a moderator, seven members of a governing

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body of the fire district known as the Board of Governors, a clerk and a treasurer, to serve for one

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year or until the next annual meeting and until others be chosen in their stead; which officers shall

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consist of a moderator, whose duties and powers in said district shall be such as like officers of

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towns in this state have in their respective towns. Except for the position of moderator, each

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elected officer shall serve a one-year term or until the next annual meeting and until others be

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chosen in their stead. The term of the moderator shall be for a single term of three (3) years and

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until a successor be chosen in his or her stead. They may also elect fire wards, engineers, assistant

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engineers, and such other officers and committees, and with such power as they may designate.

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     Sec. 5. Special meetings may be holden, which, as well, as the annual meetings, shall be

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notified in such manner as said corporation fire district shall by by-laws prescribe, and it shall be

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the duty of its clerk to call a special meeting upon the call of the Board of Governors or upon

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written application petition signed by twenty percent of such taxpayers as are entitled to vote

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eligible voters representing at least thirty (30) lots; but no vote, excepting upon the question of

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adjournment, shall be taken at any special meeting unless at least a third of the persons entitled to

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vote shall be present and voting, nor at any special meeting upon any matter unless mention be

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made, and notice thereof given in the warrant issued for the calling of such meeting.

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     Section 6. Said corporation may raise money by tax on the real, tangible personal, and

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intangible personal property within said district:

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     (1) For the purchasing and procuring of implements and apparatus for the extinguishment

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of fire;

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     (2) For the purpose of introducing and supplying the inhabitants of said district with

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water for fire, domestic, and manufacturing purposes;

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     (3) For the payment of such police force as it may deem necessary for the protection of

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the property of the inhabitants of said district from fire and for the preservation of the public

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space;

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     (4) For the purchase of land and the erection of buildings for the use of said district;

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     (5) For the building and maintaining of sidewalks in said district;

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     (6) For the collection and disposal of garbage within said district;

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     (7) For the maintenance and improvements of roads and public walks within said district;

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     (8) For the procuring of safety devices for the bathing beach of said district; and

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     (9) For the general improvement, up-building, and beautifying of any property owned by

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the district within said district.

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     The treasurer of Quonochontaug Central Beach Fire District is hereby authorized to

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borrow, upon approval of the moderator and the public works committee, a sum not to exceed

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two hundred thousand dollars ($200,000) and to issue a note and/or serial notes not to exceed the

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sum of two hundred thousand dollars ($200,000) in the aggregate for the purposes of

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rehabilitating and replacing the domestic water system in the district. The principal thereof and

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interest thereon shall be payable in any form of currency of the United States of America, which,

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at the time of payment, is legal tender for public and private debts, and the debts secured by said

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note and/or notes shall be obligatory on said district in the same manner and to the same extent as

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other debts lawfully contracted by said district. The said note and/or serial notes of each issue

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shall mature in equal or diminishing annual installments of principal at the option of the treasurer

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and finance committee of the district, the first installment to be due not later than one year and the

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last installment not later than twenty (20) years after the date of the said note and/or serial notes.

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The said note and/or serial notes shall be signed by the district treasurer and countersigned by the

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clerk of the Quonochontaug Central Beach Fire District. The manner of sale, denominations,

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maturities, interest rates, and other terms, conditions, and details of the note and/or serial notes

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shall be fixed by the treasurer and the finance committee of said district.

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     Said corporation may also borrow money from time to time for the foregoing purposes

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and issue its notes or bonds therefor which shall be binding upon said corporation in the same

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manner as city or town notes or bonds are binding upon the city or town issuing them, but said

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corporation shall not have outstanding at any one time notes or bonds of a face value or more than

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one and one half percent (1½%) of the total assessed value of this taxable property within said

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district.

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     Notwithstanding any other provision of this section, said corporation may borrow a sum

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not to exceed one hundred thousand dollars ($100,000) for the purpose of purchasing real estate.

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     The treasurer of Quonochontaug Central Beach Fire District is hereby authorized to

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accept any and all donations, gifts, contributions, and grants of cash, securities, equipment,

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supplies, merchandise, and services, conditional or otherwise, from any person, firm, association,

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foundation, or corporation, and shall receive, utilize and dispose of the same pursuant to the

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express terms or conditions stipulated by such donation, gift, contribution, or grant.

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     SECTION 2. This act shall take effect upon passage, and thereupon all other acts or parts

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of acts inconsistent herewith shall stand repealed.

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LC02405

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