Chapter 026
2009 -- H 5681 SUBSTITUTE A
Enacted 06/12/09
A N A C T
RELATING TO IN
AMENDMENT OF AND IN ADDITION TO THE ACT, PASSED AT THE JANUARY SESSION, A.D.
1883, ENTITLED "AN ACT TO INCORPORATE THE UNION FIRE DISTRICT OF SOUTH
KINGSTOWN", AS AMENDED
Introduced By: Representatives M Rice, Lally, Walsh, and D Caprio
Date Introduced: February 25, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. An act passed at the January Session, A.D.
1883, entitled "An Act to
Incorporate the Union Fire
District of South Kingstown", as amended by chapter 1417 of the
Public Laws of 1906, by
chapter 650 of the Public Laws of the August Session 1910, by other
acts passed at the January Session 1938, the January
Session 1944, the January Session 1946, the
January Session 1948, the
January Session 1950, the January Session 1954, the January Session
1958, the January Session
1964, the January Session 1974, the January Session 1976, the January
Session 1977, the January
Session 1980, the January Session 1982, and the January Session 1994,
and the January Session 1997 is hereby further amended to read as follows:
Sec. 1. Jurisdiction. Commencing at
the southeasterly corner of said district at the point
of intersection of the South Kingstown-Narragansett town
line with the mean high water line of
the
line of the
running in a general northerly direction, following said
South Kingstown-Charlestown town line
to the center of the Pawcatuck or
direction, following the South Kingstown-Charlestown town line
along the center of said
Pawcatuck or
northeasterly and northerly direction following the South
Kingstown-Richmond town line along
the center of said Queen's River to the
northerly direction, following the South Kingstown-Richmond
town line until it intersects the
South Kingstown-Exeter town
line; thence running in a general easterly direction, following said
South Kingstown-Exeter town
line to the intersection of
thence running in a general southwesterly direction to a
point on the center line of
five hundred(500) feet northeasterly from the intersection
of the center line of
the center line of
the centerline of
southerly direction, following the centerline of
(2,000) feet; thence
running due east (true) three thousand (3,000) feet, more or less, to a point
on
the existing Kingston Fire District boundary, said point
being two thousand two hundred (2,200)
feet, more or less, south of the center line of
a point five hundred (500) feet south of a southerly
boundary of a Narragansett Electric Company
power line easement; thence running in a general direction,
parallel to and five hundred (500) feet
southerly from the southerly boundary of said power line
easement, to a point one thousand
(1,000) feet southwesterly
from the center line of
(true)
five hundred (500) feet to the southerly boundary of said power line easement;
thence
running in a general easterly direction along the southerly
boundary of said power line easement
approximately eight hundred (800) feet to the center line of
general northwesterly direction along the center line of said
seven hundred (700) feet to a point on the westerly
extension of the southerly boundary of the
University of
southerly boundary of said "East Farm" to a point one
thousand(1,000) feet northeasterly from
Mitchell's Brook with the
center line of
northwesterly direction to the intersection of
Kingstown-Exeter town line;
thence running in a general easterly direction, following the South
Kingstown-North Kingstown
town line to its intersection with the South Kingstown-Narragansett
town line in the center of the
southwesterly and southerly direction, following the South
Kingstown-Narragansett town line to
the first mentioned point or place of beginning.
Excepting
herefrom that area known as the Indian Lake Fire
District, bounded and
described as follows:
Commencing
at a point in the westerly line of
corner of "Section No. 2 Indian Lake Shores";
thence running in a general westerly direction to
the easterly line of land formerly of Elisha
R.P. Chappell at the southwesterly corner of "Section
No. 1 Indian Lake
Shores"; thence running in a general northerly direction, bounded westerly
by
land formerly of Elisha R.P.
Chappell, to the shore line of
general northeasterly and northerly direction, following the
shore line of
northwesterly corner of "Section No. 4 Indian Lake
Shores"; thence running in a general easterly
direction, following the northerly line of "Section No. 4
Indian Lake Shores"; to the westerly line
of
of
Sec. 2. Rights and Qualifications for
Voters. Every citizen of the
of eighteen (18) years who resides in the district and
is eligible to vote in a general or special
election in the town of
meeting of said district, or any adjournment thereof.
Sec. 3. Canvassing Voters and Preparation
of Voters' List. There shall be a board of
canvassers consisting of the three (3) tax assessors and
the collector of taxes said district.
Sec. 4. Board of Canvassers -- Meeting.
The tax assessors shall also serve in the capacity
as the board of canvassers. The board of canvassers
shall meet and canvass the voting list of said
district on the first Monday in April of each year and shall
make out a correct alphabetic list of
the qualified voters of the district, indicating those,
if any, who are disqualified, and shall certify
the correctness thereof and file it with the district
clerk.
Sec. 5. Government and Conduct of District
Meetings. No less than twenty-five (25)
qualified voters shall constitute a quorum for the transaction
of business at any annual or special
meeting of the district. If at any annual or special meeting
less than a quorum shall be present, a
majority of the voters present at the meeting or any
adjournment thereof may vote to adjourn the
meeting, but may take no other action.
Sec. 6. Moderator. The voters in
the district at each annual meeting shall choose and elect
a moderator to serve for one year. The moderator shall preside at all meetings of the
district at
which he shall be present and in case of his absence the
clerk shall preside or in the absence of the
clerk ,a moderator and clerk pro tempore shall be chosen.
In the absence of both, the moderator
and the clerk, the treasurer shall preside until such
moderator and clerk pro tempore be chosen.
Every moderator shall have
power to manage and regulate the business of each meeting
conforming to law and to preserve peace and good order therein;
and shall upon motion, made
and seconded, relative to any business regularly before
such meeting, after hearing all voters
entitled to vote thereon who desire to be heard, cause the
vote of the voters present entitled to
vote to be taken by acclamation, by hand ballot, by
rising, by division, or by written ballot and
shall announce the result; provided, however, that whenever
at any district meeting action shall
have been taken authorizing the expenditure of money, the
incurring of any liability, or the
disposition of property, not less than one-fifth (1/5) of the
voters present may be by their
affirmative votes require reconsideration of the question at an
adjourned meeting of which special
notice has been given by posting printed notices in seven
(7) or more conspicuous public places
therein, for five (5) calendar days in advance of the
meeting and when time shall permit by
publishing such notice in some newspaper distributed in said
district, stating the hour and place
thereof and the action taken which is to be considered.
Sec. 7. Evidence. A stenographic
copy of the record of the proceedings of any district
meeting, duly certified by the clerk, shall be evidence of
any act or vote of the district in district
meeting assembled recited in such copy, and the certification
of the district clerk that no district
meeting has been held to consider any subject in such
certification mentioned, or that no vote of
the district has been taken on such subject, shall be
evidence of the fact therein stated.
Sec. 8. Election of district officers
wardens. The voters in the district at each annual
meeting choose and elect a moderator to serve for one (1)
year. (a) There shall be five
(5) district
wardens and they shall be elected by the voters in the
district. Current district wardens shall
continue until their terms expire and there after wardens
shall be elected to serve for three (3)
year terms. Three (3) wardens shall constitute a quorum
for conducting any district business. The
voters in the district shall also elect three (3) tax
assessors. Current tax assessors shall continue
until their terms expire, and the voters shall elect
annually thereafter one (1) assessor of taxes for
three (3) years. A district clerk and a district treasurer
shall be appointed by the wardens and shall
serve for one (1) year terms. The wardens in their
discretion may combine the duties of the
district clerk and treasurer and appoint one (1) person to serve
in both capacities. All of the
foregoing officers shall be qualified voters living within the
district. No district warden shall be
an active member of any district fire company; provided,
however, that any person having
attained a designation of life member or honorary member of a
district fire company shall not be
precluded from holding the office of warden. All of the
foregoing officers shall hold their offices
until the expiration of their terms, and until their
successors have been elected and/or appointed
and qualified, subject to the provisions of sections 10,
17 and 23.
(b)
Commencing in 2010, any qualified voter may be a candidate for the position of
warden, provided such candidate submits nomination papers to
the district clerk which have been
signed by twenty-five (25) other qualified voters at least
sixty (60) days prior to the date of the
annual meeting. This list of signatures is to be certified
by the board of canvassers no later than
thirty (30) days prior to the district's annual meeting.
(c)
The board of canvassers shall provide the clerk of the district with a list of
qualified
nominees. The clerk of the district shall then post a list of
all qualified nominees in at least nine
(9) public
places within the district, including all actively used district stations and
the
administration building, at least twenty (20) days prior to the
annual meeting or any other special
meeting called for the election of officers.
(d)
Voters at the meeting shall be provided a paper ballot with the names of all
qualified
nominees listed by last name in alphabetical order. The
candidates receiving the highest number
of votes shall be elected. In the event of a tie vote,
the moderator shall call for additional paper
ballots until the tie vote is broken.
(e)
The board of wardens shall have the discretionary power to declare a position
of
warden vacant if the person filing that position fails to
attend six (6) consecutive meetings of the
board.
(f)
In the event that a vacancy on the board of wardens occurs, the district clerk
shall call
a meeting of the board of wardens within ten (10)
business days after such vacancy occurs. The
board of wardens shall select a qualified elector of the
district to fill the vacancy until the district's
next annual meeting.
(g)
No district warden shall be an active member of any district fire company;
provided,
however, that any person having attained a designation of
life member or honorary member of a
district fire company shall not be precluded from holding the
office of warden. All of the
foregoing officers shall hold their offices until the
expiration of their terms, and until their
successors have been elected and/or appointed and qualified.
Sec. 9. Appointment of tax collector The board of wardens shall appoint a collector of
taxes and said appointment shall be made within forty-five
(45) days after the annual meeting.
The appointment shall be
made for a period of three (3) years. In case of death, resignation or
removal of any collector of taxes, the person appointed to
fill the unexpired term shall have the
same powers as the original appointee.
Sec 9. Duties of district
warden. (a) The wardens elected by said district shall have
complete and exclusive control of the expenditures of all
moneys appropriated by the district, the
acquisition and disposal of district property, all within the
limits. The wardens shall purchase all
supplies and repairs for the maintenance of the apparatus,
buildings, and all property of said
district, and shall investigate all bills and claims presented
to them against the district and if
found correct, approve them to the treasurer for payment.
The wardens shall have the care
management and control of all property and equipment owned by
the district and shall make rules
and regulations governing the use of same. It shall be
the duty of the wardens to: (1) Supervise
and coordinate the activities of all the officers,
commissions and committees of the district; (2) To
prepare, or have prepared, ordinances relative to the
district and its activities, and present same to
either the annual or special meeting of the district for
action thereon; (3) To develop for, and
present to, the annual or special meeting, plans for the
development and improvement of the
district; (4) To prepare a budget for the consideration and
approval of the voters at each annual
district meeting; and (5) To abate such taxes as may be
recommended therefor by the board of
assessors. The wardens shall prepare contracts or agreements
with a water company for the rental
or use of fire hydrants in the district, the same to be
included in the annual budget that is
presented to the voters for approval at the annual district
meeting each year.
Sec. 10. Vacancies. Whenever a
vacancy shall occur in any office by death, removal out
of the district, resignation, or by neglect or refusal
to qualify, or for any other cause, the board of
wardens shall appoint a qualified voter living within the
district to fill the vacancy until the next
annual meeting. The appointee shall exercise all the powers
of the office until the next annual
meeting.
Sec. 11. Call and warning of
district meetings. The annual meeting of said fire district
shall be held on the first Monday of May in each year at
7:00 p.m. daylight savings time, for the
election of district officers and the transaction of all other
business that may legally come before
said meeting, and special meetings shall be called by the
clerk upon request of the wardens of the
written request of at least twenty-five (25) of the legally
qualified voters of the district. The clerk
shall notify the qualified voters of the district, of the
time and place of holding all meetings
thereof, by posting printed notices in seven (7)or more
conspicuous public places therein, for
seven (7) days in advance of the meeting, and when the time
shall permit by publishing such
notices in some newspaper distributed in said district. The
notice for all meetings shall state the
purpose for which the same are to be held, and at special
meetings no other business shall be
transacted, than is set forth in the request for and notice
calling the same, unless approved by
unanimous vote. No tax shall be ordered at any meeting, nor any
agreement or contract involving
the expenditure of money entered into unless mention
thereof be made in the notice thereof.
Sec. 11. Appointment and duties
of tax assessor. Current tax assessors shall continue until
their terms expire. Board of wardens shall therafter employ one assessor of taxes who shall serve
at the pleasure of the board of wardens. The board may
also employ one or more deputy tax
assessors from time to time, who shall serve at the pleasure of
the board of wardens. The tax
assessor shall prepare and certify the tax roll each year.
The
clerk shall keep full, fair and accurate records and minutes of the district's
meetings
and shall make said minute available to members of the
public, in accordance with the Rhode
Island Public Records
Act, Chapter 2 of Title 38 of the
be responsible to give notice of district meetings as
set forth under the provisions of this charter
and pursuant to the
general laws. The clerk shall maintain a current copy of the
district charter. The clerk shall
perform other duties as assigned by the board of wardens. Sec. 11A. Fiscal year. The fiscal year
for said district shall be for the period of July 1st to
June 30th.
Sec. 12. The district treasurer.
The district treasurer, before the shall proceed to discharge
the duties of his office, shall give bond to the district
in such sum and with such surety as the
wardens may determine, conditioned for the faithful discharge
of the duties of said office. Said
bond shall be deposited with the district clerk. The
treasurer shall pay out no moneys other than
those moneys authorized to be expended by vote of the
district. The treasurer shall, at the annual
meeting, make a report containing a balance sheet showing the
financial standing of the district at
the close of the fiscal year. The district treasurer
shall retain all his vouchers or receipts for the
payments charged in his accounts, to be kept on file for a
minimum period of ten (10) years with
the other papers of his office.
Sec. 12 Appointment and duties of district clerk. The
board of wardens shall annually
appoint a qualified voter to serve as district clerk for a
one-year term. In the event of a death,
resignation or vacancy in the office of district clerk for any
reason, the board of wardens shall
appoint a new district clerk for the remainder of the clerk's
unexpired term. At the pleasure of the
board of wardens, the district clerk may also be employed
by the district as district administrator
or in any other position. The clerk of the district
shall act as the clerk of the wardens.
The
clerk shall keep full, fair and accurate records and minutes of the district's
meetings
and shall make said minutes available to members of the public,
in accordance with the Rhode
Island Public Records
Act, Chapter 2 of Title 38 of the
be responsible to give notice of district meetings as
set forth under the provisions of this charter
and pursuant to the
Island
general laws. The clerk
shall maintain a current copy of the district charter. The clerk shall
perform other duties as assigned by the board of wardens.
Sec. 13. Bond of tax collector
and other duties. The collector of taxes, before he shall
proceed to discharge the duties of his office, shall give
bond to the district in such sum and with
such surety as the wardens may determine, conditioned for
the faithful discharge of his duties and
shall deposit same with the district clerk. He shall also
perform the duties of clerk for the board of
tax assessors. The collector of taxes shall pay over and
deliver to the district treasurer on the first
day of each month the total taxes collected by him during
the previous month, and at the end of
each fiscal year and on the first day of February of each
year deliver to the district treasurer a
statement continuing the names of delinquent taxpayers and the
amount of tax unpaid. All real
estate and tangible personal property in the district shall
be taxed to the owners thereof whether
individuals, co-partnerships, or corporations, according to the
last valuation made by the
assessors of taxes of the town of
however, any taxable real estate or tangible personal
property which may have been omitted by
said assessors of taxes of the town of
assessing and collecting of said taxes such proceedings shall
be had by the officers of the district
as near as may be, as are required to be had by the
corresponding officers of towns in assessing
and collecting town taxes; and the collector of taxes for
the said district shall for the purpose of
collecting taxes assessed by said district, have the same powers
and authority as are now by law
conferred on collectors of taxes for towns in this state. Said
district may provide a penalty by way
of a percentage on the tax, consistent with the
penalties assessed by the collector of taxes for the
town of
tax credits and exemptions as are employed by the
assessor taxes for the town of
Kingstown.
Section 13. Appointment and
duties of tax collector. (a) Appointment: The board of
wardens shall employ a collector of taxes who shall serve at
the pleasure of the board of wardens.
The board of wardens may
require the tax collector to give bond in an amount to be determined
by the board, the cost of said bond, if any, to be borne
by the district. The positions of tax
assessor and tax collector may be filled by the same person.
The collector of taxes, before he or
she shall proceed to discharge the duties of his or her
office, shall give bond to the district in such
sum and with such surety as the wardens may determine,
conditioned for the faithful discharge of
his or her duties, and shall deposit same with the
district clerk.
(b)
Duties. The collector of taxes shall pay over and deliver to the district
treasurer on the
first day of each month the total taxes collected by him or
her during the previous month and at
the end of each fiscal year and on the first day of
February of each year deliver to the district
treasurer a statement continuing of taxes for the said district
shall for the purpose of collecting
taxes assessed by said district shall, have the same powers
and authority as are now by law
conferred on collectors of taxes for towns in this state. The
tax collector shall also perform the
duties of clerk for the board of tax assessors. The tax
collector shall perform other duties as
assigned by the board of wardens.
(c)
Collection. All real estate and tangible personal property in the district
shall be taxed
to the owners thereof whether individuals,
co-partnerships, or corporations, according to the last
valuation made by the assessors of taxes of the town of
assessment, adding however, any taxable real estate or tangible
personal property which may
have been omitted by said assessors of taxes of the town
of
acquired; and in the assessing and collecting of said taxes
such proceedings shall be had by the
officers of the district as near as may be, as are required to
be had by the corresponding officers
of towns in assessing and collecting town taxes, and the
collector. The district shall employ the
same tax credits and exemptions as are employed by the
assessor of taxes for the town of
provide a penalty by way of a percentage of the tax,
consistent with the penalties assessed by the
collector of taxes for the town of
Sec. 14. Audit. The
accounts of the district treasurer and of the collector of taxes shall be
audited each year prior to the annual meeting by an
independent certified public accountant
appointed by the wardens, and said auditor shall submit his
report to the voters at the annual
district meeting. Said report shall consist of an annual
financial statement balance sheet and other
such reports as deemed necessary by the wardens and/or the
auditor to ensure the financial
integrity of the district's finances.
Sec. 14. Appointment and duties
of the district treasurer.
(a)
Appointment. The board of wardens shall employ a district treasurer who shall
serve
at the pleasure of the board of wardens.
(b)
Qualification. The district treasurer shall give bond to the district in such
sum and
with such surety as the wardens may determine conditioned
for the faithful discharge of the duties
of said office. Said bond shall be deposited with the
district clerk. The treasurer shall pay out no
moneys other than those moneys authorized to be expended by
vote of the district through the
board of wardens or district administrator, pursuant to the
district's purchasing policies.
(c)
Duties. The treasurer shall, at the annual meeting, make a report containing a
balance
sheet showing the financial standing of the district at the
close of the fiscal year. The treasurer
shall assist the board of wardens in preparing an annual
budget and shall pay all obligations of the
district in a timely manner. The treasurer shall perform other
duties as assigned by the board of
wardens.
Sec. 15. Wardens. The
wardens elected by said district shall have complete and exclusive
control of the expenditures of all moneys appropriated by the
district, the acquisition and disposal
of district property, all within the limits, however, of
votes and resolutions of the voters present at
district meetings. The wardens shall purchase all supplies and
repairs for the maintenance of the
apparatus, buildings, and all property of said district, and shall
investigate all bills and claims
presented to them against the district and if found correct,
approve them to the treasurer for
payment. The wardens shall have the care management and
control of all property and equipment
owned by the district and shall make rules and regulations
governing the use of same. It shall be
the duty of the wardens to (a) supervise and coordinate
the activities of all the officers,
commissions and committees of the district; (b) to prepare, or
have prepared, ordinances relative
to the district and its activities, and present same to
either the annual or special meeting of the
district for action thereon;(c) to develop for, and present to,
the annual or special meeting, plans
for the development and improvement of the district;
(d)to prepare a budget for the consideration
and approval of the voters at each annual district
meeting; and (e) to abate such taxes as may be
recommended therefor by the board of
assessors. The wardens shall prepare contracts or
agreements with a water company for the rental or use of fire
hydrants in the district, the same to
be included in the annual budget that is presented to
the voters for approval at the annual district
meeting each year.
Section 15. Call and warning of
district meetings.
The
annual meeting of said fire district shall be held on the first Monday of June
in each
year, at 7:00 p.m. daylight savings time, for the election
of moderator and district wardens and the
transaction of all other business that may legally come before
said meeting. Special meetings
shall be called by the clerk, upon request of the wardens
or by a petition signed by at least fifty
(50) of
the legally qualified voters of the district. The signatures on the petitions
shall be certified
by the board of canvassers within five (5) business days
after filing said petition with the office of
the district clerk. After the board of canvassers has certified
the signatures, the district clerk shall
notify the qualified voter of the district of the time and
place of holding all meetings thereof, by
posting printed notices in nine (9) or more conspicuous
public places therein, for seven (7) days
in advance of the meeting, and when the time shall
permit, by publishing such notices in some
newspaper distributed in said district. The notice for all
meetings shall state the purpose for which
the same are to be held, and at special meetings no other
business shall be transacted, than is set
forth in the request for and notice calling the same,
unless approved by unanimous vote. No tax
shall be ordered at any meeting, nor any agreement or
contract involving the expenditure of
money entered into unless mention thereof be made in the
notice thereof.
Sec. 16. Demolition of
buildings. The wardens may order in time of fire such buildings to
be pulled down or demolished as they shall judge
necessary to stop the progress of such fire; and
if it shall happen that the pulling down or demolishing
of any such building by directions,
aforesaid, shall be the occasion of stopping the progress of
such fire, or if the fire stops before it
comes to the same, the owner shall be reasonably paid
therefore by a tax upon said district, the
amount of which payment shall be adjudged by the superior
court for the
which court is hereby authorized and empowered on
application to it, made in behalf of such
owners, with or without a jury trial, as such owner may
request, to adjudge as to the amount
necessary and cause the same to be certified to the district,
and such tax shall be assessed and
collected as other taxes are herein required to be assessed and
collected in said district; provided,
however, no building in which any fire shall first break out
or begin, shall be paid for under this
provision.
Sec. 16. Fiscal year. The
fiscal year for said district shall be for the period of July 1st to
June 30th.
Sec. 17. Appointments.
The wardens shall appoint a fire chief and as many deputy chiefs
or other officials as they shall deem appropriate for
the operation of the district. All appointments
shall serve at the pleasure of the board of wardens, and
shall be made at the June meeting of the
wardens, said terms to be effective July 1st and shall end no
later than the following June 30th.
The chief and deputy
chiefs, under the supervision of the wardens, shall have command of and
supervise the handling of all fire and rescue apparatus. The wardens
may appoint all necessary
officers for the execution of the ordinances, bylaws and
regulations of the district and may define
their duties and fix their compensation, and may relieve
any such officers at pleasure. Whenever a
vacancy shall occur in any appointment by death, removal out
of the district, resignation, or by
neglect or refusal to qualify, or for any other cause, the
board of wardens shall appoint a qualified
voter living within the district to fill the vacancy until
the expiration of their current term. The
wardens shall have the power to remove or suspend from office
the fire chief or any or all deputy
chiefs or any appointments for just cause, for any misuse of
the property belonging to said district
or conduct unbecoming an officer and the wardens shall
forbid such person from using any
property belonging to said district. The wardens shall also have
the power to forbid for just cause,
any member of any fire company or any citizen from using
any property belonging to the district.
For the purpose of
disciplinary action hereinbefore described, a majority vote of the five (5)
elected wardens shall be necessary for any disciplinary
action to be taken. Any person aggrieved
by a disciplinary action taken pursuant to this section
may request a hearing before the full board
of wardens wherein all five (5) members are present.
Said hearing shall be conducted in executive
session pursuant to RIGL section 46-6-5, except that the
grievant may request that said hearing be
conducted at a regularly scheduled meeting in open session.
Section 17. Audit. The
accounts of the district treasurer and of the collector of taxes shall
be audited each year prior to the annual meeting by an
independent certified public accountant
appointed by the wardens and said auditor shall submit his or
her report to the voters at the
annual district meeting. Said report shall consist of an
annual financial statement balance sheet
and other such reports as deemed necessary by the wardens
and/or the auditor to ensure the
financial integrity of the district's finances.
Sec. 18. Wardens meetings. The
wardens shall meet at least once a month in public
meeting at some predetermined place and time and shall keep
an accurate record of all their
transactions and meetings. The clerk of the district shall act as
the clerk of the wardens. All
meetings of the wardens shall conform to the requirements of
the
act, RIGL section 42-46-1 et seq.
Sec. 19. Real and personal estate.
The district may take, purchase and hold real estate and
personal estate and alienate and convey the same and subject
to limitation herein contained may
borrow money and incur indebtedness. All real and personal
estate held by the district and not
used for commercial purposes shall be exempt from all
taxation.
Sec. 20. Taxes. Upon the acceptance
of an annual budget, the wardens shall direct the
treasurer to prepare and introduce the necessary tax
resolutions to be presented to the voters at the
annual meeting. As part of said tax resolutions the voters
at each annual meeting, may set a
minimum tax on each property to be assessed.
Sec. 21. Appropriations. The
district may at any legal meeting grant and vote such sums
of money as it shall judge necessary.
(A)
for the renewal, replacement, purchasing and procuring
of implements and apparatus
for the extinguishment of fire;
(B) for the purpose of supplying the inhabitants of
said district with water for fire
purposes;
(C) for the purpose of improving the property of said district
and purchasing additional
property;
(D) for the improvement in any manner it may deem fit
of any property belonging to the
district;
(E)
for the purpose of creating a reserve fund for the extinguishment
of debts or for the
future replacement of apparatus and property;
(F) for the education and training of district
personnel and for the maintenance and repair
of district apparatus, equipment and property; and
(G)
for all necessary charges and expenses whatsoever
arising within the district,
incidental or not to the above. District voters at any of their legal
meetings may authorize and
empower the treasurer of said district to borrow money for
the operation and transaction of
district business, to give the note or notes of said district
for the money so borrowed, and to give
renewals thereof; provided, however, that at no time shall the
note or notes and renewal of notes
outstanding in pursuance of such authority exceed in the
aggregate sum of ten million dollars
($10,000,000).Once the
voters have voted to place funds in the reserve for capital expenditures,
thereafter said funds shall not be removed for the purpose of
reducing the amount to be raised by
taxes for any succeeding budget. Provided, however, that
funding of the account entitled"
Reserve for Capital
Expenditures" in any budget that is to be submitted for voter approval at
an
annual or special meeting of said district shall not exceed
two hundred fifty thousand dollars
($250,000) or twenty-five
percent (25%) of the total budget of the district, whichever amount is
greater, in any one fiscal year. No bond or note shall be
issued by the district in an amount
exceeding five hundred thousand dollars ($500,000) unless the
question of the approval of the
Act by the general assembly
authorizing the issuance of said bonds or notes be submitted to the
voters of the district at an annual or special meeting of
the district, at an all-day referendum to be
held at a date not later than seventy(70) days following
the passage of any such act. The question
that is submitted shall include the amount of the bonds or
notes to be issued and the purpose(s)
for which the bonds or notes are to be issued. The
warning for said referendum shall contain the
question to be submitted and once warned, a copy of the act
shall be made available for
inspection at the district offices by the clerk, however, the
failure of the clerk to comply with this
provision shall not affect the validity of the outcome. Voting
at any such special referendum shall
comply with the following provisions:
The
question shall be warned a minimum of twenty-one (21) days prior to the date of
the
referendum and shall be publicized by advertisement in a
newspaper of general circulation that is
distributed within the district at least one (1) day per week for
the three(3) consecutive weeks
prior to the referendum. In addition, the warning shall be
publicly posted at the district offices,
the
public locations.
Voting
shall take place at the district offices and shall beheld on a weekday between
the
hours of 8:00 a.m. and 8:00 p.m.
The
only persons who will be eligible to vote at any special referendum are those
qualified voters of the town of
qualified at least thirty (30) days prior to the date of the
referendum. Any voter who has
registered to vote in the town of
the referendum must obtain a certified letter from the
South Kingstown Clerk's Office verifying
that they are he or she is a qualified voter
and must present such letter at the referendum in order
to be eligible to vote.
Voters
of the district, having been qualified by a district tax assessor, shall be
provided a
ballot containing the question to be approved and a
provision for indicating either "approve" or
"reject".
Approve shall mean that the question passes and reject shall mean that the
question fails.
The
district tax assessors shall certify to the wardens the total number of voters
registering and receiving ballots, the number of ballots marked
"approve", the number of ballots
marked "reject" and the number of ballots not
marked or missing. In the event that the total
number of ballots collected exceeds the total number of
voters registered, the referendum shall be
declared void and a second vote taken.
Sec.
22 Powers of and suits by and against said district. The district may have
common
seal, in its corporate name, may sue and be sued,
prosecuted and defend, in any court and
elsewhere, and enjoy all the other powers generally incident to
corporations. Every suit whether
in law or in equity, brought by the district shall be
brought in the name of the district unless
otherwise directed specially by law.
Sec. 23. Ordinances. The district
may from time to time make and ordain ordinances,
bylaws and regulations for the district that shall not be in
conflict with or in violation of other
provisions of this act and not repugnant to law.
Sec. 24. Penalties. The district
may impose penalties for the violation of such ordinances,
bylaws, and regulations, not exceeding the amount of fifty
dollars ($50.00), or imprisonment not
exceeding ten (10) days in the adult correctional institution
for any offense, unless other penalties
thereof, or penalties within other limits, are especially
prescribed by the statutes of the state of
officer appointed for that purpose, and such moneys to be
received to the use of the district.
Sec. 25. Words importing the masculine gender shall include
the feminine gender.
Sec. 26. Fire service
appointments. The wardens shall appoint a fire chief and as many
deputy chiefs or other officials as they shall deem
appropriate for the operation of the fire service.
All appointments shall
serve at the pleasure of the board of wardens, and shall be made at the
June meeting of the
wardens, said terms to be effective July 1st and shall end no later than the
following June 30th. The chief and deputy chiefs, under the
supervision of the wardens, shall
have command of and supervise the handling of all fire and
rescue apparatus. The wardens may
appoint all necessary fire service officers for the execution
of the ordinances, bylaws and
regulations of the district and may define their duties and fix
their compensation, and may relieve
any such officers at pleasure. The wardens shall have the
power to remove or suspend from office
the fire chief or any or all deputy chiefs or any fire
service appointments for just cause, for any
misuse of the property belonging to said district or conduct
unbecoming an officer. The wardens
shall also have the power to forbid, any member of any fire
company or any citizen from using
any property belonging to the district. For the purpose
of disciplinary action of the fire chief or
any deputy chief, a majority vote of the five (5) elected
wardens shall be necessary for any
disciplinary action. Any person aggrieved by a disciplinary action
taken pursuant to this section
may request a hearing before the full board of wardens
wherein all five (5) members are present.
Said hearing shall be
conducted in executive session pursuant to RIGL section 46-6-5, except that
the grievant may request that said hearing be conducted
at a regularly scheduled meeting in open
session.
Sec. 27. Publishing of proposed
budget and modifications. The board of wardens shall, in
conjunction with its treasurer, prepare and file by May 1 with
the district clerks' office by May 1st
of each year, a proposed budget for the upcoming fiscal
year. Said budget shall be posted in nine
(9) or
more conspicuous public places within the district, including all stations and
the
administration building. The clerk shall also cause a copy of the
budget to be advertised in a
newspaper of local circulation at least once on or before May
15th. Qualified voters may seek to
increase proposed line items in the budget only by filing a petition
no later than May 20th, signed
by fifty (50) qualified voters. The board of canvassers
shall certify the signatures on the petition
within three (3) business days of the filing. Once the board
of canvassers has certified the petition
as containing sufficient certified signatures, it shall
so notify the district clerk who will then post
the petition in nine (9) or more conspicuous public
places within the district, including all stations
and the administration building.
The
moderator shall determine whether any such petitions will be entertained first
or
whether they will be considered when the affected line item
of the budget is reached during the
annual meeting.
SECTION 2. This act shall take effect upon passage.
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LC00819/SUB A
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