Chapter 133
2009 -- H 6218
Enacted 07/16/09
A N A C T
IN AMENDMENT OF
AN ACT TO INCORPORATE THE QUINNVILLE FIRE DISTRICT IN THE TOWN OF
Introduced By: Representatives Shallcross Smith, Petrarca, and Menard
Date
Introduced: May 26, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 4, 7 and 8 of the act, passed at
the January, 1954 session of the
General Assembly entitled
"An act in amendment of an and in addition to the act,
passed at the
January session, A.D. 1928,
approved March 23, 1928 entitled "An act to incorporate the
Quinnville Fire District in the town of
as follows:
Sec. 4. Said electors at annual meetings may elect officers,
which officers shall consist of
one president of fire wardens, and two fire wardens to
serve for a period of three years. Other
officers shall consist of a moderator, clerk, treasurer, three
assessors, a collector of taxes, and
three auditors, who shall serve for a period of one year.
Sec. 7. Said electors at any of their regular meetings
may authorize and empower the
treasurer of said district to borrow money, to give the note or
notes of said district for money so
borrowed and to give renewals thereof; provided, however, that
at no time shall the note or notes
and renewals of notes outstanding exceed the total of ten
thousand dollars.
The
Quinnville Fire District (hereinafter the
"District") may have a common seal, sue and
be sued, and enjoy the other powers generally incidental
to the quasi-municipal corporation,
including the following:
(a)
To provide fire suppression and prevention within or outside the territorial
limits of
the District.
(b)
To obtain, own, establish, operate, maintain, equip, repair, improve, and
enlarge any
fire apparatus, building, facilities or property of any
kind in order to carry out the purposes of the
District.
(c)
To acquire, hold, use, lease, sell, transfer and/or dispose of any property,
real,
personal, intangible or any interest therein for its corporate
purposes, and to mortgage, pledge or
lease any such property.
(d)
To borrow money for any of its corporate purposes, including the creation and
maintenance of working capital, and to issue negotiable bonds,
notes or other obligations and to
fund or refund the same.
(e)
To contract in its own name for any lawful purposes deemed necessary to carry
out
the purposes of the District.
(f)
To execute all instruments necessary to carry out the purposes of the District.
(g)
To enter into cooperative agreements with cities, counties, towns or fire
districts
within or outside the District for mutual aid or for any
other lawful corporate purposes necessary
or desirable to carry out the purposes of the District.
(h)
To fix rates and collect charges for the use of facilities or for services
rendered by or
furnished by the District, or its employees or its volunteers.
(i) To expend such funds as necessary to effect
repairs in the event of damage or failure
with renders the District unable to provide appropriate
response to fire and related emergencies.
(j)
To employ a certified public accountant to periodically audit the financial
records of
the District.
(k)
To retain legal counsel, on an annual and as-needed basis, to represent and
advise the
District.
(l)
To do all things necessary or convenient in order to carry out any and all
express or
implied purposes and powers of the District granted under
this chapter.
Sec. 8. Said electors may provide for the breach of any
by-law a penalty consisting of
payment of damages and/or a fine not exceeding ten dollars to
be recovered for the use of said
district or imprisonment for a term not exceeding seven days,
or both. Such penalty may be
enforced by prosecution on complaint and warrant in the
district court of the eleventh judicial
district. [REPEALED]
SECTION 2. Section 6 of the act passed at the January, 1982
session of the General
Assembly entitled "AN
ACT in Amendment of An Act to Incorporate the Quinnville
Fire District
in the Town of
Sec. 6. Said electors at any of their regular meeting shall
have power to order such taxes
and assessments on the taxable inhabitants and property
in said district as they shall deem
necessary for purchasing and procuring of real estate and
buildings, and for purchasing and rental
of hydrants, implements, apparatus and other equipment
and for the payment of current expenses
of said district, for the payment of current expenses of
said district, for the payment of such police
force as they may deem necessary for the protection of the
inhabitants of said district from fires
and for the preservation of the public peace therein, and
also for the payment of any indebtedness
that has been or may be incurred by said district. Such
taxes so ordered shall be assessed by the
assessors of said district on the taxable inhabitants and
property therein, according to the last
valuation made by the assessors of the town, next previous to
said assessment; provided,
however, any taxable property acquired within said district
shall be assessed within four days
preceding any annual meeting. The collector of taxes for said
district shall for the purpose of
collecting taxes assessed for said district have the same powers
and authorities as are now by law
conferred upon collectors of taxes for towns in this state.
Said district may provide for such
deduction from the tax assessed against any person if paid by
an appointed time and for such
penalty by way of percentage on the unpaid balance if not
paid at an appointed time, such
percentage not to exceed the maximum permitted in accordance
with the laws of the state, as they
may be amended form time to time; provided, however,
that the tax assessed and payable in any
one year under the provisions of this section shall not
exceed five mills on each dollar of said
valuation; provided, further,
however, no tax shall be less than $1.00 per annum. In assessing and
collecting said taxes and amounts, the officers of the district
shall conduct such proceedings and
follow such procedures as state law requires to be followed
by the corresponding officers of
towns in assessing and collecting town taxes, to the extent
practicable.
SECTION 3. Sec. 3 of the act, passed at the January,
1992 session of the General
Assembly entitled "AN
ACT IN AMENDMENT OF THE QUINNVILLE FIRE DISTRICT IN
THE TOWN OF
Sec. 3. Notwithstanding any of the provisions of section
37-8-15, the annual meeting of
said corporation shall be held on the first Monday in May
at the Lincoln
. Quinnville
Fire
Hall from which the District operates. If the town District cannot make the hall available on
that night, the meeting shall be held on the next
available Monday evening.
SECTION 4. This act shall take effect upon passage.
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LC02644
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