2004 -- S 3193

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LC03634

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004

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A N A C T

CREATING THE EXETER FIRE DISTRICT

     Introduced By: Senator Kevin A. Breene

     Date Introduced: June 10, 2004

     Referred To: Senate Commerce, Housing & Municipal Government

It is enacted by the General Assembly as follows:

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

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follows:

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     I. TITLE AND OBJECT

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

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

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

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

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

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Island General Laws.

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

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

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

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

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provision of emergency medical services.

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     II. QUALIFIED ELECTORS

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

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

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of the district.

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     III. BOARD OF COMMISSIONERS

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

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electors in the Town of Exeter selected as follows:

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

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rescue companies in Exeter;

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

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and

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

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

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

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

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

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

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

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

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

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before the annual meeting.

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     B. Term and Original Appointment.

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

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years.

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

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

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

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

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replacement is elected or appointed and qualified.

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

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

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

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

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Commissioner shall appoint all committees and members thereto.

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

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

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

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

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

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Without limiting the generality of the foregoing.

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

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related to the district.

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

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

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

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Annual Meeting.

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

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

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

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

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

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any.

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

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

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

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

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district.

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

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

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

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

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district.

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

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

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

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

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

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emergency services and dispatching for the district.

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     IV. OFFICERS

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

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

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

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

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board meetings.

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

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

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

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

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shall designate.

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

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

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

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

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

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

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

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

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

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

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or the Board shall designate.

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

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

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

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bond in an amount to be determined by the Board.

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

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

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

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

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

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

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

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

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

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

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

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

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

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certificate of the tax roll by the Town of Exeter.

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

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

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

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written reports thereof.

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

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

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Charter of the Town of Exeter.

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

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or without cause by majority vote of the full Board.

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     V. BYLAWS

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

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

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

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state.

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     VI. TAXABLE PROPERTY

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

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

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

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Town of Exeter.

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     VII. ANNUAL AND SPECIAL MEETINGS

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

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

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

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

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

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

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

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said meeting may be modified in the district bylaws.

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

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

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

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

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

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

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meeting.

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

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

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

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

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

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

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meetings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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the maximum rate allowed by law upon said unpaid tax.

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     VIII. DEBTS, BONDS, DEBENTURES AND REPAYMENT

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

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

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Fire District as of the assessment last made.

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

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

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

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

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

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

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

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debentures.

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

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debentures on behalf of the Exeter Fire District.

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

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

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     IX. CHARTER REVISION

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

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

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

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

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

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

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

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

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     X. FISCAL YEAR AND INTERIM FUNDING

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

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

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assessed and collected.

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

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

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

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

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

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

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

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

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Laws of Rhode Island.

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

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

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

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LC03634

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EXPLANATION

OF

A N A C T

CREATING THE EXETER FIRE DISTRICT

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     This act would create a fire district to provide funding for fire, emergency medical and

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dispatching services within the Town of Exeter, Rhode Island, subject to approval by the

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residents of said town.

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     This act would take effect upon the approval by Exeter voters at the November, 2004

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general election.

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LC03634

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