Chapter
456
2007 -- S 1052
Enacted 07/05/07
A N A C T
RELATING
TO THE EXETER FIRE DISTRICT
Introduced
By: Senator Kevin A. Breene
Date
Introduced: May 23, 2007
It is enacted by the General Assembly as
follows:
SECTION 1. Section
VII of Chapters 434 and 524 of the 2004 Public Laws entitled "An
Act Creating the Exeter Fire District" is
hereby amended to read as follows:
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 such amount as the voters shall determine, not
to exceed 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.
F. Budget
Cap. (a) Each public safety organization shall endeavor to
limit its individual
annual budget request to an amount which exceeds
its appropriation for the prior fiscal year by no
more than five and one-half percent (5.5%).
(b) In the
event that any individual budget request (including the proposed fire
district
administrative budget) exceeds the respective
prior year's appropriation by more than five and
one-half percent (5.5%), such request shall be
voted on separately at the annual meeting and shall
require a two-thirds (2/3) vote of the electors present
for approval. Prior to any such vote, the
moderator shall advise the electors by how much
in percent and in dollars the request exceeds
five and one-half percent (5.5%).
(c) In the
event that an appropriation resolution which exceeds the prior year's
appropriation by more than five and one-half
percent (5.5%) is not approved by a two-thirds (2/3)
vote, the moderator shall entertain substitute
resolutions from the floor and, following discussion,
shall put any such resolution to a vote until a
substitute resolution receives the votes necessary for
adoption by majority or a two-thirds (2/3) vote,
as may be required.
(d) After all
such requests which exceed the prior year's appropriation by more than five
and one-half percent (5.5%) have been decided,
the Moderator shall put the entire fire district
budget to a vote of the electors present at the
annual meeting. The fire district budget shall require
a majority vote for approval.
G. Reserve
Fund. There shall be established by the Annual Meeting a fund to be
designated the Reserve Fund into which there may
be transferred from time to time by vote of the
Annual Meeting the whole or any portion of the
surplus funds which the District may have at the
end of any fiscal year, or to which direct
appropriations may be made, or which may be
augmented by both means. The purpose of the
Reserve Fund shall be to make moneys available
for temporary borrowings in anticipation of
taxes, and/or for capital expenditures, but for no other
purpose. The Board of Commissioners may
authorize borrowing from the Reserve Fund in
anticipation of taxes within such limits as the
Annual Meeting shall set for each fiscal year.
Moneys from the Reserve Fund may be used for
capital expenditures only upon specific
authorization of the Annual Meeting. The
Treasurer shall have the authority, with the approval of
the Board of Commissioners, to make such prudent
investments of moneys in the Reserve Fund
as may seem appropriate.
SECTION 2. This
act shall take effect upon passage.
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LC03145
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