| Chapter 272 |
| 2026 -- S 3333 Enacted 06/26/2026 |
| A N A C T |
| RELATING TO THE NORTH TIVERTON FIRE DISTRICT |
Introduced By: Senator Walter S. Felag |
| Date Introduced: May 29, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. The act, passed at the January session, 1926, approved April 23, 1926, |
| entitled “An Act to Incorporate the North Tiverton Fire District and to Furnish a Supply of Water |
| to the Town of Tiverton,” as amended by chapter 1117 of the public laws, 1927, by chapter 971 of |
| the public laws, 1940, by chapter 1828 of the public laws, 1947, by an act passed at the January |
| session, 1948, approved April 15, 1948, by chapter 2815 of the public laws, 1951, by an act passed |
| at the January session, 1956, approved March 30, 1956, by the acts and resolves of 1975, by chapter |
| 7 of the public laws of 1982, and by chapter 32 of the public laws, 1993, and by chapter 42 of the |
| public laws, 2002, is hereby further amended to read in full as follows: |
| Section 1. (a) All that portion of the town of Tiverton except the area described in |
| subsection (b) hereof is hereby incorporated into the existing North Tiverton Fire District. |
| (b) Beginning at a point in the easterly shoreline of Mount Hope Bay, said point being |
| located where the westerly extension of the southerly line of Carey Lane intersects with the easterly |
| shoreline of Mount Hope Bay, thence southerly along the easterly shoreline of Mount Hope Bay to |
| a point where the easterly shoreline of Mount Hope Bay becomes the northerly shoreline of |
| Nannaquaket Pond, thence easterly along the northerly shoreline of Nannaquaket Pond to the |
| westerly line of Main Road, thence southerly along the westerly line of Main Road to a point where |
| the westerly line of Main Road intersects the easterly shoreline of Nannaquaket Pond, thence |
| southerly along the easterly shoreline of Nannaquaket Pond to a point where the easterly shoreline |
| of Nannaqualet Pond intersects with the southerly line of Lot 28 as shown on Plan Book 19, Page |
| 70, thence easterly along the southerly line of Lot 28 a distance of 544± feet to a point in the |
| westerly line of Main Road, thence northeasterly, across Main Road to a point in the easterly line |
| of Main Road, said point being the intersection of the easterly line of Main Road with the southerly |
| line of Bulgarmarsh Road, thence easterly along the southerly line of Bulgarmarsh Road to the |
| point of intersection of the southerly line of Bulgarmarsh Road with the westerly line of Susan |
| Lane, thence southerly along westerly line of Susan Lane a distance of 410± feet to the southerly |
| end of Susan Lane, thence easterly along the southerly end of Susan Lane and the general extension |
| thereof a distance of 1,150± feet to a point, thence northerly along a line running through the |
| easterly end of Lucy Ave a distance of 420± feet to a point, thence easterly a distance of 233± feet |
| to a point in the west line of Lot 5 as shown on Plan Book 11, Page 45, thence southerly along the |
| west line of Lot 5 a distance of 172± feet to the southwesterly corner of Lot 5, thence easterly along |
| the south line of Lot 5 a distance of 215± feet to the southeasterly corner of Lot 5, thence northerly |
| along the easterly line of Lot 5 a distance of 169± feet to the southwesterly corner of the "New Lot" |
| shown on Plan Book 12, Page 47, thence easterly along the south line of the "New Lot" a distance |
| of 150± feet, thence northerly along the east line of the "New Lot" a distance of 158± feet to the |
| south line of Bulgarmarsh Road, thence easterly along the south line of Bulgarmarsh Road a |
| distance of 292± feet to the northwesterly corner of Lot B as shown on Plan Book 16, Page 83, |
| thence southerly along the west line of Lot B 110± feet to a point, thence easterly along the south |
| line of Lot B and Lot A and the extension thereof a distance of 466± feet to a point in the east line |
| of a 55’ foot wide right-of-way as shown on Plan Book 18, Page 103, thence southerly along the |
| east line of the 55' foot wide right-of-way a distance of 96± feet to the southwesterly corner of |
| "Land of Alfred J. Brownell, Jr. and Sheila M. Cook" as shown on said plan, thence easterly a |
| distance of 200± feet to the southeasterly corner of "Land of Wellington T. & Anne M. Brownell", |
| thence northerly a distance of 105± feet to the southwesterly corner of "Land of Michael P. Raposa |
| & Sherry L. Blanchette", thence easterly a distance of 250± feet to a point in the westerly line of |
| "Land of Norman J. Helger", thence southerly a distance of 105± ft to the southwest corner of |
| “Land of Norman J. Helger”, thence easterly along the south line of "Land of Norman J. Helger" a |
| distance of 165± feet, thence northerly along the east line of "Land of Norman J. Helger" and "Land |
| of Alfred J. Brownell, Jr.," a distance of 250± feet to a point in the southerly line of Bulgarmarsh |
| Road, thence easterly along the southerly line of Bulgarmarsh Road a distance of 3,660± feet to the |
| northwesterly corner of Lot 1 on Plan Book 18, Page 51, thence southerly along Lots 1, 4, 5 and 8 |
| a distance 1,305± feet to the southwest corner of Lot 8, thence easterly a distance of 382± feet to |
| the southeasterly corner of Lot 7, thence northerly along the east line of Lots 7, 6, 3 and 2 a distance |
| of 1,088± feet to the southwesterly corner of "Parcel A" as shown on Plan Book Page 18, Page 15, |
| thence easterly along the southerly line of "Parcel A" a distance of 133± feet to the southeasterly |
| corner of "Parcel A", thence northerly along the easterly line of "Parcel A" a distance of 232± feet |
| to the southerly line of Bulgarmarsh Road, thence easterly along the southerly line of Bulgarmarsh |
| Road a distance 127± feet to the northeasterly corner of "Parcel B", thence southerly along the |
| easterly line of "Parcel B" a distance of 290± feet to the southwesterly corner of "Parcel A" as |
| shown on Plan Book 15, Page 46, thence easterly along the southerly line of "Parcel A" a distance |
| of 171± feet to the southeasterly corner of "Parcel A", thence southerly along the easterly line of |
| "Parcel B" a distance of 128± feet to a point, thence easterly a distance of 180± feet to a point in |
| the west line of Plan Book 17, Page 88, thence northerly in the west line of Plan Book 17, Page 88, |
| a distance of 400± feet to the southerly line of Bulgarmarsh Road, thence easterly along the |
| southerly line of Bulgarmarsh Road a distance of 485± feet to the northeasterly corner of Lot 1, |
| thence southerly a distance of 154± feet to the northwesterly corner of "Land of James Gravance" |
| as shown on Plan Book 17, Page 37, thence easterly along the northerly line of "Land of James |
| Gravance" a distance of 237± feet, thence southerly along the easterly line of the “Land of James |
| Gravance” a distance of 105± feet, thence easterly along the southerly line of "Land of Brenda |
| Faria" a distance of 134± feet, thence northerly along the easterly line of "Land of Brenda Faria" a |
| distance of 114± feet to a point in the southerly line of "Land of Joseph Alvernas", thence easterly |
| along the southerly line of "Land of Joseph Alvernas" a distance of 73± feet to a point in the |
| westerly line of "Land of Brayton Road", thence easterly (crossing "Land of Brayton Road") to a |
| point in the easterly line of "Land of Brayton Road", said point being located 125± feet south of |
| the southerly line of Bulgarmarsh Road, thence easterly a distance of 325± feet to a point, thence |
| southerly a distance of 175± feet to a point, thence easterly a distance of 750± feet to a point in the |
| westerly line of "Parcel B" as shown on Plan Book 15, Page 38, thence northerly a distance of 79± |
| feet to the northwesterly corner of "Parcel B", thence easterly along the northerly line of "Parcel |
| B" a distance of 367± feet to the westerly line of a private right-of-way, thence in a northeasterly |
| direction (and crossing said right-of-way) a distance of 57± feet to the northwesterly corner of |
| "Parcel A", thence easterly along the northerly line of “Parcel A” a distance of 216± feet to the |
| northeasterly corner of “Parcel A”, thence northerly a distance of 52± feet to the southerly line of |
| Bulgarmarsh Road, thence easterly along the southerly line of Bulgarmarsh Road a distance of |
| 430± feet to a point, thence southerly a distance of 300± feet to a point, thence easterly a distance |
| of 185± feet to a point in the westerly line of "Parcel 1" as shown on Plan Book 18, Page 19, thence |
| southerly along the westerly line of "Parcel 1" a distance of 93± feet to the southwesterly of "Parcel |
| 1", thence easterly in the southerly line of "Parcel 1" a distance of 62± feet to the southeasterly |
| corner of "Parcel 1", thence northerly along the easterly line of "Parcel 1" a distance of 415± feet |
| to a point in the southerly line of Bulgarmarsh Road, thence easterly along the southerly line of |
| Bulgarmarsh Road a distance of 209± feet to a point where the southerly extension of the easterly |
| line of Quintal Drive intersects the southerly line of Bulgarmarsh Road, thence northerly along the |
| extension of the easterly line of Quintal Drive to a point in the northerly line of Bulgarmarsh Road, |
| thence easterly and southeasterly along the northerly line of Bulgarmarsh Road a distance of 337± |
| feet to a point where the northerly line of Bulgarmarsh Road intersects with the easterly line of |
| Eight Rod Way, thence northerly along the easterly line of said Eight Rod Way a distance of 1,420± |
| feet to the westerly shoreline of Stafford Pond, thence northerly along the westerly shoreline of |
| Stafford Pond a distance of 890± feet to a point where the southerly line of land described in Deed |
| Book 710 at Page 152 intersects with the westerly shoreline of Stafford Pond, thence southwesterly |
| along the southerly line of land described in Deed Book 710 at Page 152 a distance of 895± feet to |
| the southwesterly corner of land described in Deed Book 710 at Page 152, thence northerly along |
| the westerly line of land described in Deed Book 710 at Page 152 a distance of 375± feet to the |
| northwesterly corner of land described in Deed Book 710 at Page 152, thence westerly a distance |
| of 215± feet to the southeasterly corner of "Area A" as shown on Plan Book 19, Page 136, thence |
| westerly along the southerly line of "Area A" a distance of 1,300± feet (by estimation) to the |
| southwesterly corner of "Area A", thence southerly along the southerly extension of the westerly |
| line of "Area A" a distance of 256± feet to the point of intersection with the easterly extension of |
| the northerly line of Plan Book 12, Page 40, thence westerly and crossing North Brayton Road a |
| distance of 411± feet to a point in the westerly line of North Brayton Road, said point being the |
| northeasterly corner of Lot 6 as shown on Plan Book 12, Page 40, thence westerly along the |
| northerly boundary of Lots 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, Lot A and Lot 34 a |
| distance of 1,979± feet to the northwesterly corner of Lot 34, thence southwesterly a distance of |
| 839± feet to the northeasterly corner of Lot 44 as shown on Plan Book 13, Page 58, thence |
| southwesterly along the northerly line of Lot 44 and 45 a distance of 356± feet to the northwesterly |
| corner of Lot 45, thence southerly along the westerly line of Lots 46, 47, 48 along the westerly end |
| of Holly Circle, and along the westerly line of Lot 49 a total distance 791± feet to a point in the |
| northerly line of Lot 52, thence westerly along the northerly line of Lot 52 a distance of 273± feet |
| to a point, thence southerly along the westerly line of Lot 52 a distance of 329± feet to the |
| northeasterly corner of "Parcel A" as shown on Plan Book 15, Page 62, thence westerly along the |
| northerly line of "Parcel A" and "Parcel C" a distance of 790± feet to the northwesterly corner of |
| "Parcel C", thence southerly along the westerly line of "Parcel C" a distance of 459± feet to a point |
| in the northerly line of Bulgarmarsh Road, thence westerly along the northerly line of Bulgarmarsh |
| Road a distance of 292± feet to the point of intersection of the northerly line of Bulgarmarsh Road |
| with the easterly line of Fish Road, thence westerly along the northerly line of Bulgarmarsh Road |
| a distance of 132± feet to a point in the westerly line of Fish Road, thence northerly along the |
| westerly line of Fish Road a distance of 283± feet to the northeasterly corner of Lot C on Plan Book |
| 17, Page 80, thence westerly along the northerly line of Lot C a distance of 115± feet to a point, |
| thence southerly along the westerly line of Lot C a distance of 32± feet to the northeasterly corner |
| of Lot D, thence westerly along the northerly line of Lot D, E and F a distance of 480± feet to the |
| northeasterly corner of Lot 3 as shown on Plan Book 18, Page 24, thence westerly along the |
| northerly line of Lot 3 a distance of 154± feet to the northwesterly corner of Lot 3, thence southerly |
| along the westerly line of Lot 3 a distance of 267± feet to a point in the northerly lien of |
| Bulgarmarsh Road, thence westerly along the northerly line of Bulgarmarsh Road a distance of |
| 349± feet to the southwesterly corner of Lot 1, thence northerly along the westerly line of Lot 1 a |
| distance of 272± feet to a point in the southerly line of Lot 4, thence westerly along the southerly |
| line of Lot 4 a distance of 169± feet to a point in the easterly line of Lot 2 as shown on Plan Book |
| 17, Page 76, thence northerly along the easterly line of Lot 2, 3 and 4 a distance of 660± feet to the |
| northeasterly corner of Lot 4, thence westerly along the northerly line of Lot 4 and 5 a distance of |
| 447± feet to a point in the easterly line of Lot 8 as shown on Plan Book 21, Page 93, thence northerly |
| along the easterly line of Lot 8 and 9 a distance of 616± feet to the northeasterly corner of Lot 10, |
| thence westerly along the northerly line of Lot 10 and 12, a future road extension, and a drainage |
| maintenance easement, a total distance of 743± feet to a point in the easterly line of Lot 13, thence |
| northerly along the easterly line of Lot 13 a distance of 237± feet to a point, thence easterly along |
| the southerly line of Lot 13 a distance of 332± feet to a point, thence northerly along the easterly |
| line of Lot 13 a distance of 182± feet to the northeasterly corner of Lot 13, thence westerly along |
| the northerly line of Lot 13 and the general extension thereof a distance of 1,866± feet to a point |
| adjacent to the southeasterly corner of the "London Meadow" as shown on Plan Book 13, Page 47, |
| thence northerly, crossing Sin and Flesh Brook, and running along the easterly line of the "London |
| Meadow" a distance of 411± feet to the northeasterly corner of the "London Meadow", thence |
| westerly a distance of 1,018± feet to the southwesterly corner of the 67.68 acre parcel of land shown |
| on said plan, thence northerly a distance of 505± feet to the southeasterly corner of the 9.41 acre |
| parcel of land shown on said plan, thence westerly along the southerly line of the 9.41 acre parcel |
| of land a distance of 630± feet to a point, thence northerly a distance of 680± feet to the |
| northeasterly corner of land "Land of N/F Virginia McKay" as shown on said plan, thence westerly |
| along the northerly line of "Land of N/F Virginia McKay" a distance of 440± feet to the |
| southeasterly corner of the "Proposed Conservation Easement" as shown on Plan Book 20, Page |
| 65, thence northerly a distance of 560± feet to the northeasterly corner of the "Proposed |
| Conservation Easement", thence easterly a distance of 384± feet the southeasterly corner of "First |
| Lot" as shown on Plan Book 22, Page 91, thence northerly a distance of 139± feet to the |
| northeasterly of the "First Lot", thence westerly a distance of 215± feet to the southeasterly corner |
| of the "Second Lot", thence northerly 331± feet to the northeasterly corner of the "Second Lot", |
| thence westerly along the northerly line of the "Second Lot" a distance of 135± feet to a point, |
| thence northerly a distance of 806± feet to the southeasterly corner of "Parcel A" as shown on Plan |
| Book 22, Page 32, thence northerly along the easterly line of "Parcel A" a distance of 329± feet to |
| the northeasterly corner of "Parcel A", thence easterly along the northerly line of "Parcel B" a |
| distance of 493± feet to the southeasterly corner of Lot 15 as shown on Plan Book 18 Page 17, |
| thence northerly along the easterly line of Lot 15, 16, 17, 18, 19, 20, a 50' foot road, Lot 22 and Lot |
| 24 and the northerly extension thereof a total distance of 1,694± feet to a point in the southerly line |
| of Plan Book 18 Page 129, thence easterly along the southerly line of Plan Book 18 Page 129 a |
| distance of 221± feet to the southeasterly corner of Lot 36 as shown on Plan Book 18 Page 129, |
| thence northerly along the easterly line of Lot 36, 37 and 38 a distance of 560± feet to a point in |
| the southerly line of Silver Beech Road, thence westerly along the southerly line of Silver Beech |
| Road a distance of 243± feet to the point of intersection of the southerly line of Silver Beech Road |
| with the southerly line of Sakonnet Ridge Drive, thence northwesterly a distance of 50± feet to the |
| point of intersection of the northerly line of Silver Beech Road with the northerly line of West |
| Ridge Drive, thence easterly along the northerly line of Silver Beech Road, a distance of 111± feet |
| to the southeasterly corner of Lot 12, thence northerly along the easterly line of Lot 12 a distance |
| of 121± feet to a point, thence northwesterly along the easterly line of Lot 12 a distance of 169± |
| feet to a point, thence westerly along the northerly line of Lot 12 a distance of 102± feet to the |
| northwesterly corner of Lot 12, thence northerly along the easterly line of Lot 11 a distance of 150± |
| feet to the northeasterly corner of Lot 11, thence westerly along the northerly line of Lot 11, 10, |
| and 9 a distance of 739± feet to the northwesterly corner of Lot 9, thence continuing westerly in |
| the same general direction as the preceding course a distance of 295± feet in the easterly line of |
| State Highway Route 24, thence northwesterly along the southerly line of Route 24 a distance of |
| 122± feet to a point, thence northerly along the southerly line of Route 24 a distance of 117± feet |
| to a point, thence northeasterly along the southerly line of Route 24 a distance of 233± feet to a |
| point, said point being located a distance of 500' feet easterly of the easterly line of Main Road, |
| thence northerly along a line parallel with and 500' feet easterly of the easterly line of Main Road |
| a distance of 1,840± feet to a point in the northerly line of Souza Road, thence northerly along a |
| line parallel with and 500' feet easterly of the easterly line of Main Road a distance of 510± feet to |
| a point in the northerly line of "Parcel H-1" as shown on Plan Book 16 Page 122, thence westerly |
| along the northerly line of "Parcel H-1" and the general westerly extension thereof, a distance of |
| 554± feet to a point in the easterly line of Main Road, thence westerly, across Main Road, to the |
| point of intersection of the westerly line of Main Road with the southerly line of Carey Lane, thence |
| westerly along the southerly line of Carey Lane and the extension thereof a distance of 650± feet |
| to a point located easterly of Building #71 Starboard Drive, thence southerly a distance of 120± |
| feet to a point located adjacent to and southeasterly of the southeasterly corner of Building #71 |
| Starboard Drive, thence westerly a distance of 85± feet to a point located adjacent to and |
| southwesterly of Building #71 Starboard Drive, thence northerly a distance of 160± feet to a point |
| in the westerly extension of the southerly line of Carey Lane, said point being located westerly of |
| the west line of Building #71 Starboard Drive, thence westerly along the westerly extension of the |
| southerly line of Carey Lane a distance of 315± feet to a point located adjacent to and southeasterly |
| of Building #79-87 Waters Edge, thence northwesterly a distance of 245± feet to a point located |
| adjacent to and northeasterly of Building #79-87 Waters Edge, thence southwesterly a distance of |
| 135± feet to a point located adjacent to and northwesterly of Building #79-87 Waters Edge, thence |
| southeasterly a distance of 135± feet to a point in the westerly extension of the southerly line of |
| Carey Lane, said point be adjacent to the southwesterly corner of Building #79-87 Waters Edge, |
| thence westerly along the westerly extension of the southerly line of Carey Lane a distance of 530± |
| feet to the point of beginning. The perimeter boundary of the Stone Bridge Fire District containing |
| an approximate area of 1,200± acres of land. |
| (c) Said district may have a common seal, sue and be sued, and enjoy the other powers |
| generally incident to a corporation. |
| Section 2. The owner of any house, building, tenement or estate, situated in said town of |
| Tiverton, shall be liable for the payment of the price, rent or rate fixed by said district for the use |
| of water furnished by it to the owner or occupants of any such house, building, tenement, or estate, |
| and such price, rent or rates for water so furnished from time to time upon written order of the |
| owner shall be a lien upon such house, building, tenement, and estate in the same way and manner |
| as taxes lawfully assessed on real estate are liens, and if not paid as and when required by said |
| district, the same shall be collectible in the same manner as taxes assessed upon real estate. |
| In case of nonpayment of any water rates, charges and penalties established and required |
| to be paid to said district for water supplied or used by the owner, tenant or occupant of any house, |
| building, tenement or estate, said district is hereby authorized and empowered by its agents and |
| servants to enter such house, building, tenement or estate, and to then and there shut off the water |
| therefrom as and when it may deem advisable, and said district shall not thereafter be compelled to |
| again supply water to the owner, tenant or occupant of such house, building, tenement or estate, |
| until all unpaid charges and penalties due and unpaid to said district shall have been paid in full. |
| Payments of water rates, charges or penalties shall first be applied to any arrearage of taxes. |
| Section 3. An elector of said district, as used in this act, shall mean a person who (1) is |
| eligible to vote at a Tiverton financial town meeting; (2) resides in said district; and (3) owns real |
| property in said district to which water is furnished by said district or which abuts a street in which |
| an active water main of said district is located. |
| Section 4. The annual meeting of said district shall be held on the first Tuesday in June in |
| every year. The polls for the election of the several officers named in section 5 hereof shall be open |
| at such time and place as shall be determined and advertised by the administrative board. |
| Special meetings of said district shall be called by the clerk upon order of the administrative |
| board or upon written application of at least seventy-five electors. It shall be the duty of the clerk |
| to fix a suitable place for the holding of all meetings, and to give notice of each meeting, both |
| annual and special, by posting such notice in at least ten public places within said district, and |
| publish such notice in a newspaper of general circulation, at least seven days before the meeting, |
| and such notice shall contain a statement of the time and place when and where a meeting will be |
| held for the purpose of correcting and canvassing the voting list to be used at any such annual or |
| special meeting, and it shall be the duty of the assessors of taxes of said district to canvass and |
| correct said voting list in the same manner, as near as may be, as is provided by law for boards of |
| canvassers. No vote except upon an adjournment, or in the annual election of officers, shall be |
| taken at any meeting of said district unless at least thirty electors are present at such meeting. |
| Section 5. The electors of said district shall, at the annual meeting held the first Tuesday in |
| June, 1948, elect a moderator to serve for one (1) year, a district clerk to serve for two (2) years, a |
| tax collector to serve for two (2) years, a treasurer to serve for one (1) year, one (1) tax assessor to |
| serve for two (2) years, and two (2) tax assessors to serve each for one (1) year, and until their |
| successors are elected and qualified, whose duties and powers shall be within said district, such as |
| like officers of towns in this state have in their respective towns, proper for such district. Thereafter |
| in sequence at the annual elections held the first Tuesday in June, with the exception of one (1) |
| assessor who shall hold office for one (1) year, their respective successors shall be chosen for terms |
| of two (2) years and shall hold office until their successors are elected and qualified. Two (2) |
| additional tax assessors will be elected at the annual meeting held in June, 2003. One (1) such tax |
| assessor shall be elected for a two (2) year term and the second tax assessor shall be elected for a |
| one (1) year term, and they shall be elected to alternate two (2) year terms thereafter. Such |
| additional tax assessors must be electors, provided that they reside in that portion of said district |
| that was part of the Tiverton Water Authority area and that is furnished with water by said district |
| or to any part of such area that may be furnished with water, from time to time, in the future as the |
| furnishing of water is extended by said district. Effective with the annual meeting of 2005, the two |
| (2) additional tax assessor positions may be held by any elector. |
| Effective following the annual meeting of 2026, the number of tax assessors serving on the |
| administrative board shall be reduced to four (4). The reduction of tax assessor positions shall only |
| be effective through the resignation of a duly elected tax assessor during their elected term, such |
| that if any elected tax assessor shall voluntarily resign their position as tax assessor during their |
| elected term, such position shall not be filled and the number of tax assessors to be elected at the |
| next annual meeting shall be reduced until such time as there are only four (4) tax assessors. |
| Such officers shall constitute the administrative board, and the duties of such board shall |
| be such as are prescribed in this act, and are defined by the bylaws of said district. Any vacancy |
| that may occur in any of the forenamed offices between annual meetings shall be filled by some |
| person to be chosen by the other members of the administrative board to hold such office until the |
| next annual meeting. The electors of said district may at any meeting adopt and ordain such bylaws, |
| and from time to time rescind or amend the same, as they shall deem necessary and proper for the |
| purpose of this act and not repugnant thereto, and not inconsistent with any other law, and may |
| appoint such committees as they may deem necessary, and may fix compensation of all officers, |
| agents, employees and committees of the district. |
| Section 6. Said district is hereby authorized to obtain and maintain for said district a supply |
| of water for the extinguishing of fire, and for distribution to the inhabitants of said district as it |
| deems proper and as circumstances permit, in the sole discretion of said district, for domestic use |
| and for other purposes, and may obtain such water by the establishment of its own works, or by |
| contracting therefore with some other person or corporation within or without the state or in such |
| other manner as to said district may seem necessary and proper, and is not inconsistent with law. If |
| said district shall undertake to distribute the water so obtained, it shall have the exclusive right |
| thereto, and may maintain an action against any person for using the same without the consent of |
| said district, and may regulate the distribution and use of said water within and without said district, |
| and from time to time fix the price for the use thereof, and the owner of any tenement shall be liable |
| for the payment of the price of rent for the use of the water distributed to such premises. Said district |
| may establish such public hydrants in such public places as it may see fit and prescribe for what |
| purposes the same shall be used, all of which it may change in its discretion. |
| Said district and its employees shall have access to all pipes, meters, outside registers, |
| valves, and regulators for the purpose of normal maintenance or inspection and if access is not |
| made available for this purpose said district shall have the right, after notice by certified mail, to |
| shut off water to the property. |
| For the purposes of this act the electors of said district shall have and enjoy all the authority |
| and power conferred upon the electors of any town, and the administrative board of said district |
| shall have and enjoy all the authority and power conferred upon the town council of any town, by |
| the provisions of chapter 179 of the general laws, entitled “Of Municipal Water Supply”, and of all |
| acts in amendment thereof and in addition thereto, and when exercising such power and authority |
| shall be subject to all the duties and liabilities imposed by said chapter and acts upon towns and |
| town councils, respectively. |
| Upon taking any private property or interest therein, said district shall deposit in the |
| superior court, for the payment of compensation on account of the property, or interest, so taken, |
| such sum as the court shall determine to be amply sufficient to satisfy the claims of all persons |
| interested in the property (and the court may, in its discretion, take evidence to determine the sum |
| to be deposited) and the use of such funds for such purpose shall be a fixed obligation of said district |
| to the extent required for such purpose; the full faith and credit of said district shall be deemed |
| pledged to pay such compensation as may be awarded or agreed upon; and the treasurer shall pay |
| the seller from any funds available therefor, which shall include, but shall not be limited to, the |
| funds so deposited. Upon application of said district, the court may refund to said district any money |
| on deposit which is determined to be in excess of the amount needed. |
| Written notice shall be given to the interested party personally or left at his/her last and |
| usual place of abode in this state with some person living there. If the party is absent from the state |
| and has no last and usual place of abode therein occupied by any such person, the notice shall be |
| left with the person, if any, in charge of or having possession of the land involved and another copy |
| shall be mailed to the address of the absent party if the same is known to the officer or person |
| making the service. |
| If any property or right is taken in which an infant or other person not capable in law to act |
| in his/her own behalf is interested, the superior court may appoint a guardian ad litem for such |
| infant or other person if such infant or other person is not represented in Rhode Island by a guardian |
| or conservator. Any guardian ad litem or guardian or conservator, may, with the approval of the |
| superior court, agree with said district on the compensation to be paid and, upon receipt of the same, |
| release to said district all claims for damages on behalf of the infant or other incapacitated person. |
| Section 7. Said district may within and without said district, and within the limits of said |
| town of Tiverton, and if without said district with the consent of said town, drive, lay, make, |
| construct and maintain pipes, aqueducts, conduits, machinery or other equipment or appliance or |
| authorize the same to be done, and regulate the use thereof. And for the purposes aforesaid, said |
| district may carry any works to be constructed, or authorized to be constructed by it, over any |
| highway, turnpike, railroad or street, in such manner as not to permanently obstruct or impede |
| travel thereon; and may enter upon and dig up any highway, turnpike, road or street for the purpose |
| of laying down pipes or building aqueducts, or upon or beneath the surface thereof, or for the |
| purpose of repairing the same, and if in the course of such making, constructing, or repairing any |
| pipe, conduit or other structure lawfully located in such highway, turnpike, road or street is |
| damaged, or in the location of such pipe, conduit or other structure is changed, said district shall |
| reimburse the owner of such pipe, conduit or other structure for such damage, or for the expense of |
| such change of location. Said district shall restore any highway, turnpike, road or street so dug up, |
| to meet current Department of Public Works regulations. All pipes, conduits, aqueducts, machinery, |
| implements, equipment, appliances and all other property of said district used by said district for |
| the purposes provided for by this act, shall be exempt from all taxes for state, town, or district |
| purposes. |
| Section 8. The electors of said district, at any meeting of said district, shall have the power |
| to order such taxes, and provide for assessing and collecting the same, on district property owners |
| for the purpose of obtaining and maintaining a supply of water and distributing the same throughout |
| the town of Tiverton for the extinguishing of fire (including the installation and maintenance of fire |
| hydrants), power, domestic and other uses; and for establishing and maintaining and constructing |
| water works, driving wells, and operating the same, and purchasing and leasing real estate, and |
| other property and property rights necessary for a water supply, and laying and maintaining pipes, |
| conduits, aqueducts and other structures connected therewith, and purchasing implements, |
| machinery and other appliances; and for the payment of the current expenses of said district; the |
| payment of such officers, employees and other agents as they are authorized to elect, appoint or |
| otherwise choose under this act; also for the payment of any indebtedness that has been or may be |
| incurred by said district; and such taxes so ordered shall be assessed by the assessors of said district |
| on the electors and the property therein according to the last valuation made by the assessors of the |
| town next previous to said assessment, adding however any taxable property which may have been |
| omitted by said town assessors or afterwards acquired, and in all cases where the town assessors |
| have included property without said district in one valuation, the assessors of said district shall |
| make an equitable valuation of that portion of said property lying within said district; and in the |
| assessing and collecting of said taxes proceedings shall be had by officers of said district as near as |
| may be, as required to be had by the corresponding officers of towns in assessing and collecting |
| town 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 for such deduction from tax assessed against any person if |
| paid by an appointed time, or for such penalty by way of percentage on tax if not paid at the |
| appointed time, not exceeding twelve percent per annum, as they shall deem necessary to insure |
| punctual payment. Except as otherwise provided, no such tax shall be assessed unless the |
| proposition to impose the same shall have been approved by a majority of the electors voting |
| thereon. |
| Section 9. (a) Said district is hereby empowered, in addition to authority previously |
| granted, to borrow money and issue from time to time under its corporate name and seal or a |
| facsimile of such seal, bonds, notes or other evidence of indebtedness (hereinafter called “bonds”) |
| for the purposes of carrying out the provisions of this act. |
| The bonds of each issue may be issued in the form of serial bonds or term bonds or a |
| combination thereof and shall be payable either by maturity of principal in the case of serial bonds |
| or by mandatory serial redemption in the case of term bonds, in annual installment of principal, the |
| first installment to be not later than three (3) years and the last installment not later than fifty (50) |
| years after the date of the bonds. For each issue the amounts payable in the several years for |
| principal and interest combined shall be as nearly equal at it is practicable to make them in the |
| opinion of the administrative board or in the alternative in accordance with a schedule providing a |
| more rapid amortization of principal. Sections 5.1 and 5.2 of chapter 12 of title 45 of the general |
| laws shall apply to any such bonds. |
| (b) The bonds shall be signed by the district treasurer and by the manual or facsimile |
| signature of the moderator and shall be issued and sold at not less than par and accrued interest in |
| such amounts as the administrative board may authorize. The manner of sale, denominations, |
| maturities, interest rates and other terms, conditions and details of any bonds or notes issued under |
| this act may be fixed by the proceedings of said district authorizing the issue or by separate |
| resolution of said district or, to the extent provisions for these matters are not so made, they may |
| be fixed by the administrative board. Interest coupons (if any) shall bear the facsimile signature of |
| the district treasurer. The proceeds derived from the sale of the bonds shall be delivered to the |
| district treasurer, and such proceeds exclusive of premiums and accrued interest shall be expended |
| (A) for the purpose of (i) purchasing and leasing land and other property and property rights |
| necessary for fire or water supply purposes, (ii) erecting, purchasing and leasing a building or |
| buildings necessary for fire or water supply purposes, (iii) obtaining and maintaining a supply of |
| water and distributing the same to the district as determined by the administrative board in its |
| discretion, (iv) establishing and maintaining and constructing water works, (v) driving wells, (vi) |
| laying and maintaining pipes, conduits, aqueducts and other structures connected therewith, (vii) |
| purchasing implements, machinery, fire apparatus and other appliances, and (viii) operating |
| expense; or (B) in payment of the principal of or interest on temporary notes issued under paragraph |
| (c); or (C) in repayment of advances under paragraph (d). No purchaser of any bonds or notes under |
| this act shall be in any way responsible for the proper application of the proceeds derived from the |
| sale thereof. |
| (c) The administrative board may authorize the issue from time to time of interest bearing |
| or discounted notes in anticipation of the issue of bonds authorized under paragraph (b) in or in |
| anticipation of the receipt of federal or state aid for the purposes of this act. The amount of original |
| notes issued in anticipation of bonds may not exceed the amount of bonds authorized under |
| paragraph (a) and the amount of original notes issued in anticipation of federal or state aid may not |
| exceed the amount of available federal or state aid as estimated by the district treasurer. The |
| temporary notes issued hereunder shall be signed by the district treasurer and by the moderator and |
| shall be payable within three (3) years from their respective dates, but the principal of and interest |
| on notes issued for a shorter period may be renewed or paid from time to time by the issue of other |
| notes hereunder, provided the period from the date of an original note to the maturity of any note |
| issued to renew or pay the same debt or the interest thereon shall not exceed three (3) years. |
| (d) Pending any authorization or issue of bonds hereunder or pending or in lieu of any |
| authorization or issue of notes hereunder, the district treasurer, with the approval of the |
| administrative board, may, to the extent that bonds or notes may be issued hereunder, apply funds |
| in the treasury of said district to the purposes specified in paragraph (b), such advances to be repaid |
| without interest from the proceeds of bonds or notes subsequently issued or from the proceeds of |
| applicable federal or state assistance or from other available funds. |
| (e) Any proceeds of bonds or notes issued hereunder or of any applicable federal or state |
| assistance, pending their expenditure, may be deposited or invested by the district treasurer in |
| demand deposits, time deposits or savings deposits in banks which are members of the Federal |
| Deposit Insurance Corporation or in obligations issued or guaranteed by the United States of |
| America or by any agency or instrumentality thereof or as may be provided in any other applicable |
| law of the state of Rhode Island. |
| (f) Any accrued interest received upon the sale of bonds or notes hereunder shall be applied |
| to the payment of the first interest due thereon. Any premiums arising from the sale of bonds or |
| notes hereunder shall, in the discretion of the district treasurer, be applied to the cost preparing, |
| issuing and marketing bonds or notes hereunder, to the extent not otherwise provided, to the |
| payment of the cost of the project being financed by the bonds, to the payment of the principal of |
| or interest on bonds or notes issued hereunder or to any one or more of the foregoing. The cost of |
| preparing, issuing and marketing bonds or notes hereunder may also, in the discretion of the district |
| treasurer, be met from bond or note proceeds exclusive of premium and accrued interest or from |
| other moneys available therefor. Any balance of bond or note proceeds remaining after payment of |
| the cost of the project being financed by the bonds and the cost of preparing, issuing and marketing |
| bonds or notes hereunder shall be applied to the payment of the principal of or interest on bonds or |
| notes issued hereunder. Any earnings or net profit realized from the deposit or investment or funds |
| hereunder shall upon receipt be added to and dealt with as part of the revenues of said district from |
| property taxes or water rates. In exercising any discretion under this section, the district treasurer |
| shall be governed by any instructions adopted by resolution of the administrative board. |
| (g) Said district shall annually appropriate a sum sufficient to pay the principal and interest |
| coming due within the year on bonds and notes issued hereunder to the extent that monies therefor |
| are not otherwise provided. If such sum is not appropriated, it shall nevertheless be added to the |
| annual tax levy. In order to provide such sum in each year and notwithstanding any provision of |
| law to the contrary, all taxable property in said district shall be subject to ad valorem taxation by |
| said district without limitation as to rate or amount. |
| (h) Any bonds or notes issued under the provisions of this act and coupons on any bonds, |
| if properly executed by officers of said district in office on the date of execution, shall be valid and |
| binding according to their terms notwithstanding that before the delivery thereof and payment |
| therefor any or all of such officers shall for any reason have ceased to hold office. |
| (i) In addition to the bonds and notes authorized in paragraphs (a) and (c) of this section, |
| said district is hereby empowered to borrow from time to time in each financial year in anticipation |
| of the receipt of the proceeds of the annual tax due or to become due in said financial year upon the |
| ratable property within said district, and in anticipation of the receipt of the then uncollected |
| proceeds of the annual tax for the next preceding financial year, an amount which, together with |
| any money borrowed in anticipation of taxes in any prior year which may remain unpaid, shall not |
| exceed eighty percent (80%) of the tax levy of the then current financial year or which, if no tax |
| levy shall then have been made, shall not exceed eighty percent (80%) of the tax levy of the next |
| preceding financial year, the money to be borrowed to be used and expended for the payment of |
| the current liabilities and expenses of said district, and to authorize its treasurer to issue, with the |
| approval of the administrative board, its interest bearing or discounted notes therefor. Notes issued |
| pursuant to this paragraph shall be signed by the district treasurer and the moderator and shall be |
| made payable not later than one year from their dates, but may be renewed or paid by the issue of |
| new notes payable not later than one year from the date of the original notes so renewed or paid. |
| Said district shall assess and levy a tax in each financial year sufficient to provide funds for payment |
| of all outstanding notes theretofore issued in anticipation of taxes of prior financial years. |
| (j) Notwithstanding any provision of law to the contrary, any bonds or notes issued by said |
| district hereunder, their transfer, and the income theron (including any profits made on the sale |
| thereof) shall at all times be exempt from taxation by the state of Rhode Island or any subdivision |
| thereof other than estate and succession taxes. |
| SECTION 2. This act shall take effect upon approval of this amendment by the electors of |
| the North Tiverton fire district. |
| ======== |
| LC006549 |
| ======== |