Chapter 434

2004 -- S 3193

Enacted 07/02/04

A N A C T

CREATING THE EXETER FIRE DISTRICT

Introduced By: Senator Kevin A. Breene

Date Introduced: June 10, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. The Exeter Fire District is hereby incorporated in the manner and form as

follows:

I. TITLE AND OBJECT

A. Title and Boundaries. The name of the district incorporated hereby shall be the

"Exeter Fire District." The boundaries of the district shall be coextensive with those of the Town

of Exeter, Rhode Island. Said district may have a common seal, sue and be sued, impose taxes

and fees, purchase and own property of any description in furtherance of its objective and enjoy

the powers and immunities generally incident to a governmental corporation under the Rhode

Island General Laws.

B. Objective. The objective of the Exeter Fire District shall be for the purpose of

providing operational funding for nonprofit fire, rescue and dispatch companies in the district and

thereby to provide for the protection and preservation of life and property in the Town of Exeter

from damage and destruction by fire, accident, disaster, and other casualty, including the

provision of emergency medical services.

II. QUALIFIED ELECTORS

     The electors of the district qualified to vote in the Town of Exeter on propositions to

impose a tax, fees, or for the expenditure of money shall be eligible to vote and act in all meetings

of the district.

III. BOARD OF COMMISSIONERS

A. Membership. The Board of Commissioners shall consist of seven (7) qualified

electors in the Town of Exeter selected as follows:

     1. One person appointed by the respective boards of each of the active volunteer fire and

rescue companies in Exeter;

     2. One person appointed by the board of the Exeter Emergency Dispatch Center, Inc.;

and

     3. Three (3) person who are not active members of Exeter public safety organizations

elected at the annual meeting of the district; provided, however, that the Town Council of the

Town of Exeter shall initially fill these three (3) positions by appointment as follows: one for a

term to expire at the district annual meeting in 2005, one for a term to expire at the district annual

meeting in 2006 and one for a term to expire at the district annual meeting in 2007. At the district

annual meeting in 2005 and thereafter, the voters of the District shall elect one person to serve as

Commissioner for a term of three (3) years. Any qualified elector who wishes to run for

Commissioner shall present a petition in support of his or her candidacy containing the signatures

of twenty-five (25) qualified electors to the clerk of the District not less than thirty (30) days

before the annual meeting.

B. Term and Original Appointment.

     1. The term of the elected members of the Board of Commissioners shall be three (3)

years.

     2. The term of the members of the Board of Commissioners appointed by the public

service corporations shall be two (2) years; provided however that the initial term of the

commissioners appointed by Exeter Volunteer Fire Company #2 and the Exeter Emergency

Dispatch Center, Inc. shall be one year. Each Commissioner shall serve until his or her

replacement is elected or appointed and qualified.

C. Officers of the Board. At the Board meeting following each annual meeting, the

Board shall elect a chair and vice chair from among its membership for a term of one year. The

chair and, in his absence, the vice-chair, shall preside at all meetings of the Board and shall

conduct all meetings in accordance with Robert's Rules of Order (latest version). The Board of

Commissioner shall appoint all committees and members thereto.

D. Quorum. A quorum shall be a majority of the members of the Board of

Commissioners provided, however, that in the absence of a quorum the members present may

vote to continue the meeting to a specified date and time.

E. Duties of the Board of Commissioners. The Board of Commissioners shall

generally supervise the operations of the district to accomplish the objectives specified above.

Without limiting the generality of the foregoing.

     1. The Board of Commissioners shall meet on a regular basis to consider all matters

related to the district.

     2. The Board of Commissioners shall, thirty (30) days prior to the annual meeting,

present to the clerk of the District (a) a written report on the state of affairs of the district and (b)

a proposed budget for the coming fiscal year, both of which shall be presented to the voters at the

Annual Meeting.

     3. Whenever a vacancy in the Board shall occur, the chair shall advise the entity that

appointed such Commissioner of the vacancy and the entity shall appoint a qualified voter of the

district to serve as Commissioner for the unexpired term. If an elected member of the Board shall

resign or be otherwise unable to serve, the Board may appoint a Commissioner to serve until the

next annual meeting at which time a Commissioner shall be elected to fill the unexpired term, if

any.

     4. The Board of Commissioners shall have the authority to enter into contracts and leases

for the purchase and sale of equipment and services necessary to provide proper operations of the

district, to sue and be sued in the course of this state, to retain legal counsel, accountants,

consultants, or any other professional services deemed necessary to be in the best interest of the

district.

     5. The district shall indemnify any Commissioner or officer for damages, judgments,

settlements, costs, and expenses incurred with any action, suit or appeal therefrom, arising out of

an alleged or actual breach of duty, neglect, error, misstatement or omission, or any other matter

claimed against said person solely by reason of their being a Commissioner or officer of the

district.

     6. In order of effectuate the purposes stated herein, the Board of Commissioners may

hire and appoint the tax collector and/or the tax board of review in place in the Town of Exeter or,

at its discretion, (i) hire a separate tax collector and/or (ii) establish a separate tax board of review

for the district, which duties shall be outlined in the by-laws of said district.

     7. The Board of Commissioners shall have the authority to provide fire protection,

emergency services and dispatching for the district.

IV. OFFICERS

     The following shall be the officers of the district and shall be appointed by the Board of

Commissioners annually at the first meeting following each annual meeting of the district: Clerk,

Treasurer, Tax Collector and Moderator. The officers may but need not be members of the Board

of Commissioners. Officers who are not members of the Board shall not be entitled to vote at

board meetings.

A. Clerk. The clerk shall take minutes of all meetings and shall be held responsible for

the maintenance of same. The clerk shall give notice of every annual meeting, special meeting or

adjourned meeting and shall advertise the call of such meetings as provided herein. The clerk

shall have such additional powers and exercise such additional duties as the by-laws or the Board

shall designate.

B. Treasurer. The treasurer before discharging his or her duties shall give bond to the

Exeter Fire District in such sum as the Board of Commissioners may determine, which will

provided for the faithful discharge of the duties of office. Said bond shall be deposited with the

clerk. The treasurer shall pay out and expend only those funds that are authorized to be expended

by vote of the qualified voters of the Exeter Fire District in any meeting. The treasurer shall

make a statement annually of all accounts in writing and show the sums received and paid during

the previous fiscal year. The treasurer shall have the authority to hire such persons, subject to the

limitations as hereinafter set forth, to carry on the affairs of the Exeter Fire District and shall also

have the authority to invest any surplus funds in any interest bearing accounts as provided by law.

The treasurer shall have such additional powers and exercise such additional duties as the by-laws

or the Board shall designate.

     The Board may appoint or designate a qualified elector as assistant treasurer, said person

not to be a member of the Board who in the absence or disability of the treasurer shall have the

authority to sign checks and assume the other duties of the treasurer. Said person shall provide

bond in an amount to be determined by the Board.

C. Tax Collector. The collector of taxes for the district shall, for the purposes of

collecting taxes, have the same powers, duties and authorities as are now by law conferred upon

collectors of taxes for towns of this state. The tax collector shall pay over to the treasurer on the

first business day of each month the total taxes collected during the previous month, or at more

frequent intervals, at the option of the tax collector or the Board.

     The tax collector shall determine and assess all real and personal property, located within

the boundaries of the Exeter Fire District, on December 31st of each year in the same amount as

assessed by the Town of Exeter. The tax collector shall not assess any property exempt in whole

or in part or knowingly omitted from taxation by the Town of Exeter. The date of collection shall

be August 15th following said assessment or such other date as shall be determined at the annual

meeting. Provided, however, in the event the tax roll of the Town of Exeter is not certified by

June 15th of any year, the tax collector, on approval of the Board, shall have the authority to

change the date of collection to a date not more than sixty (60) days from the date of said

certificate of the tax roll by the Town of Exeter.

     The tax collector shall, after receipt of the list of assessments from the town of Exeter

produce a tax bill based on the tax rate approved by the qualified voters of the Exeter Fire District

and further shall maintain records of all tax collections and delinquent charges and provide annual

written reports thereof.

D. Moderator. The moderator shall preside at all annual and special meetings of the

district in accordance with the authority granted to the town moderator by state law and the

Charter of the Town of Exeter.

E. Removal. Officers shall serve at the pleasure of the Board and may be removed with

or without cause by majority vote of the full Board.

V. BYLAWS

     The qualified electors of the district may, upon recommendation of the Board, enact all

bylaws by them adjudged necessary and expedient for carrying the provisions of this Charter into

effect, provided that the same be not in violation or repugnant to this Charter or the laws of this

state.

VI. TAXABLE PROPERTY

     The term "taxable property of the district" shall mean and intend to include all real,

tangible and personal property located within the boundaries of the district, excluding motor

vehicles and property exempt in whole or in part or knowingly omitted from taxation by the

Town of Exeter.

VII. ANNUAL AND SPECIAL MEETINGS

A. Annual Meetings. There shall be an annual meeting of the district every year for the

purpose of receiving the reports of the Board, approving the budget, ordering taxes and providing

for assessing, levying and collecting the same, enacting bylaws and transacting such other

business or adopting such measures, consistent with this Charter which the voters at said meeting

shall deem beneficial to the district. The annual meeting shall be held on the second Wednesday

of April in each year at such time and location within or without the district as the Board of

Commissioners shall determine. The date of the annual meeting and requirements of the call of

said meeting may be modified in the district bylaws.

B. Special Meetings. The district shall have a special meeting upon written application

signed by twenty-five (25) or more qualified electors or at the direction of the Board. Written

application for a special meeting and the notice thereof shall specify the business to be transacted

at such meeting. Special meetings shall be called within fourteen (14) days from the date of

delivery of said request to the clerk of the District at such location and time as the Board of

Commissioner shall determine and the business shall be limited to that provided in the notice of

meeting.

C. Quorum. A quorum at the annual or any special meeting of the district shall be

twenty-five (25) qualified electors. In the event that a quorum is not present at the time the

meeting is scheduled to open, the moderator is authorized to continue the meeting to such time

and date as in the discretion of the Board shall best serve the interests of the district.

D. Notice of Meetings. Unless otherwise specified in the district bylaws, notice of

annual and special meetings shall follow the requirements of state law for notice of financial town

meetings.

E. Powers of the District Voters. In addition to the general powers specified above, the

voters shall have the following powers exercisable at annual and special meetings:

     The power to order such taxes, fees, and provide for the assessing, levying and collecting

of same on the taxable inhabitants and property in said district as they shall deem necessary to

provide proper operating funding for the district and all fire, rescue and dispatch services in the

district and such taxes, so ordered, shall be assessed by the tax collector of said district on the

taxable inhabitants and property therein according to the last valuation made by the assessor of

the Town of Exeter as provided herein. The taxes assessed and payable in any one (1) year under

the provisions of this section shall not exceed two dollars and fifty cents ($2.50) on each one

thousand dollars ($1,000) of said valuation; provided further, however, the minimum charge for

any district tax bill rendered shall be not less than twenty dollars ($20.00). The voters may

provide such deduction from the tax assessed against any person if paid by an appointed time, or

for such penalty by way of percentage on the tax if not paid at an appointed time, not exceeding

the maximum rate allowed by law upon said unpaid tax.

VIII. DEBTS, BONDS, DEBENTURES AND REPAYMENT

A. The Exeter Fire District is hereby authorized to incur total debt not to exceed one (1)

percent of the total assessed valuation of all taxable property within the boundaries of the Exeter

Fire District as of the assessment last made.

B. The Exeter Fire District is hereby authorized to issue serial bonds or debentures,

under its corporate seal and name. Said bonds or debentures shall be in denominations and shall

bear interest and be upon such terms and conditions and shall be issued and sold by the Exeter

Fire District in such manner and at such time as the qualified electors of the Exeter Fire District,

by majority vote of those present and voting, may decide at any annual meeting, special meeting

or adjourned meeting, or in lieu thereof, the qualified electors, by majority vote of those present

and voting, may authorize the board and treasurer to supervise the issuance of said bonds and

debentures.

C. The chair or vice-chair of the Board and the treasurer shall sign all bonds or

debentures on behalf of the Exeter Fire District.

     D. The qualified voters at each annual meeting shall appropriate sufficient funds to meet

the obligations of principal and interest incurred by the issuance of any such bonds or debentures.

IX. CHARTER REVISION

     In the event that the Board or twenty-five (25) qualified electors shall by written petition

request that this charter be revised or amended, then and in that event, the Board shall appoint a

committee to study such proposed amendments or revisions. Said committee shall report its

findings to the Board which shall present any proposed amendments or revisions to the electors at

a general or town-wide special election. Any amendment or revision to this charter shall be

contained in the warrant for the election at which it is to be voted upon. Upon approval of any

amendment or revision by the qualified voters of the district, the same shall be referred to the

Rhode Island General Assembly for enactment at the first available session.

X. FISCAL YEAR AND INTERIM FUNDING

     The fiscal year of the district shall be from July 1, through June 30. The Town of Exeter

shall provide interim funding to the fire, rescue and dispatch companies until the district taxes are

assessed and collected.

SECTION 2. The question of approval of this act shall be submitted to the electors

within the Town of Exeter at the general election to be held on November 2, 2004. The question

shall be submitted in substantially the following form: "Shall an Act passed at the 2004 session

of the General Assembly entitled 'An Act Creating the Exeter Fire District' be approved?" The

warning for the election shall contain the question to be submitted. From until the time the

election is warned and the time it is held, it shall be the duty of the Town Clerk to keep a copy of

the act available at his/her office for public inspection, but the validity of the election shall not be

affected by this requirement or by the requirements of Sections 17-5-5 and 17-5-6 of the General

Laws of Rhode Island.

SECTION 3. This section and the foregoing section shall take effect upon passage of the

act. The remainder of this act shall take effect upon the approval of this act by a majority of those

voting on the question at the election prescribed in the foregoing section.    

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LC03634

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