2005 -- S 0927

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LC02425

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO THE WESTERLY FIRE DISTRICT

     Introduced By: Senator Dennis L. Algiere

     Date Introduced: March 10, 2005

     Referred To: Senate Commerce, Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Articles III, VIII and XII and Appendix A Chapter 52 of the 1980 Public

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Laws entitled "An Act Incorporating the Westerly Fire District" as amended in Chapter 115 of the

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1990 Public Laws as amended in Chapter 31 of the 1990 Public Laws, are hereby amended to

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read as follows:

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     ARTICLE III MEETINGS

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     A. The annual meeting of the Westerly Fire District shall be held on the last Wednesday

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of August of each year at 7:00 p.m. local time, at a location to be specified in the call of the

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meeting. The clerk shall determine the location of said meeting. All meetings of the Westerly Fire

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District shall at all times be held within the boundaries of the Westerly Fire District.

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     B. Special meetings of the Westerly Fire District may be called upon written request,

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signed by at least twenty (20) eligible voters, setting forth the purpose of said call, delivered to

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the clerk, or in the absence thereof, any duly elected officer of the Westerly Fire District. said

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special meeting shall e called within fourteen (14) days from the date of delivery of said request

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to the clerk.

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     C. Adjournment meeting – Any business conducted or transacted at any annual or special

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meeting may be referred to an adjourned meeting, upon request of fifteen (15) eligible voters

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present at any such meeting, for the purpose of voting on such matters, either by paper ballots or

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machine. Said adjourned meeting to take place on the second third Wednesday following the

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meeting at which the adjourned meeting is requested. Voting hours shall be from 9:00 a.m. to

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9:00 p.m. at a location within the boundaries of the Westerly Fire District, to be decided by the

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clerk, that is easily accessible and convenient to the eligible voters of the Westerly Fire District.

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     A. Moderator – The Moderator shall preside at all meetings of the Westerly Fire District

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and shall conduct all meetings in accordance with "Robert's Rules of Order", (Latest revision).

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The Moderator shall appoint all committees, subject to the confirmation of a majority of the

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eligible voters present at any meeting. The Moderator shall administer the Oath f Office to the

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Clerk.

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     B. Clerk – The Clerk shall give notice in accordance with applicable Rhode Island law of

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every annual meeting, special meeting or adjourned meeting of the Westerly Fire District by

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placing a printed notice of the call of any such meeting in ten (10) public places, at least seven (7)

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days prior to such meeting. Further, he shall advertise the call of such meeting, once a day for

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three (3) days, in a local newspaper, within a seven (7) day period prior to such meeting. The

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Clerk shall take the minutes of all meetings and shall e held responsible for the maintenance of

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same. The Clerk shall administer the oath of office to all duly elected or appointed officers of the

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Westerly Fire District, except the Office of Clerk as hereinbefore provided. The Clerk shall be

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responsible for establishing all procedures at adjourned meetings.

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     C. Treasurer – The Treasurer, before proceeding to discharge these duties, shall give

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bond to the Westerly Fire District in such sum and with such surety as the eligible voters may

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determine, which will provide for the faithful discharge of the duties of office. Said bond shall be

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deposited with the Clerk.

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     The Treasurer shall pay out and expend only those funds that are authorized to be

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expended by vote of the eligible voters of the Westerly Fire District at any annual meeting,

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special meeting or adjourned meeting.

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     The Treasurer shall make a statement, annually, of all accounts, in writing, showing the

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sums received and paid during the previous fiscal year.

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     The Treasurer shall have the authority to hire borrow such sums, subject to the limitations

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

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authority to invest a any surplus funds, subject to the advice and consent of the Board of

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Engineers, in any interest bearing accounts as provided by law.

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     D. Tax Collector – The Tax Collector, before proceeding to discharge these duties, shall

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give bond to the Westerly Fire District in such sum and with surety as the eligible voters of the

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Westerly Fire District shall determine which will provide for the faithful performance of the

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duties of the office. Said bond is to be deposited with the Clerk.

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     The Tax Collector shall pay over to the Treasurer on the first business day of each month

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the total taxes collected during the previous month, or at more frequent intervals, at the option of

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the Tax Collector.

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     The Tax Collector shall determine and assess all real and personal property, located

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within the boundaries of the Westerly Fire District. on December 31st of each year. The Tax

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Collector shall have the power to assess any property exempted or omitted by the town of

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Westerly. The date of collection shall e the November 30th following said assessment. Provided,

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however, in the event the Grand List of the town of Westerly is not certified by June 15th of any

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year, the Tax Collector, on approval of the Board of Engineers, shall have the authority to change

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the date of collection to a date not more than 150 days from the date of said certification of the

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Grand List by the town of Westerly.

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     The Tax Collector shall, after receipt of the list of assessments from the town of Westerly

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and assessing any property omitted or exempted, produce a tax bill based on the tax rate approved

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by the eligible voters of the Westerly Fire District and further shall maintain record of all tax

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collections and delinquent charges and provide annual written reports thereof.

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     E. Chief – The chief shall have command of the Fire Department. He shall decide all

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disputes and questions arising out of matters connected with the Fire Department among the

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officers and men. He shall be responsible for the property of the Westerly Fire District and shall

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enforce the rules and regulations of the Westerly Fire District. The Chief shall have the powers

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and duties delegated by the state of Rhode Island to the principal officer of fire departments

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located within the state of Rhode Island.

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     F. First Assistant Chief. – The First Assistant Chief shall assist the Chief. In the event of

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the absence or disability of the Chief, for any reason, the powers and duties of the Chief shall

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devolve upon the First Assistant Chief.

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     G. Second Assistant Chief. – The Second Assistant Chief shall assist the Chief. In the

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event of the absence or disability of the Chief and the First Assistant Chief, for any reason, the

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powers and duties of the Chief shall devolve upon the Second Assistant Chief.

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     H. Third Assistant Chief. – The Third Assistant Chief shall assist the Chief. In the evener

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of the absence or disability of the Chief, the First Assistant Chief, and the Second Assistant Chief,

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the Third Assistant Chief shall assume the powers and duties of the Chief.

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     ARTICLE X PROCEDURE TO REMOVE DISTRICT OFFICERS

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     A. In the event, that charges are brought against any officer of the Westerly Fire District

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by complaint filed with the Board of Engineers alleging conduct inconsistent with the objectives

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of this Charter, the Board of Engineers shall call a special meeting of the eligible voters and there

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shall e a committee appointed by the Moderator at said special meeting, which will consist of

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three (3) members. The committee shall be filled according to the following order, exempting any

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of the following who may be subject to any charges: Clerk, Treasurer, Chief, First Assistant

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Chief, Second Assistant Chief, Third Assistant Chief and Moderator. Said committee will hear

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the charges or reasons proposed for the removal of said officer(s) after giving adequate notice to

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the eligible voters of the Westerly Fire District of the time and place of said hearing. Any

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person(s) so charged shall be afforded the opportunity to have said hearing either in executive

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session or an open meeting and to present testimony and witnesses in their defense and to be

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represented by legal counsel. Within fourteen (14) days following said hearing, the committee

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will make public its report of findings from said hearing and within fourteen 914) days thereafter

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a special meeting shall be called, as hereinbefore provided, for the consideration of removal of

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such officer(s). At said special meeting, the eligible voters may by majority vote, remove or retain

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said officer(s or may adjourn said meeting to a day certain for ballot vote.

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     ARTICLE XII BOARD OF ENGINEERS

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     The Chief, Fire Assistant Chief, Second Assistant Chief and Third Assistant Chief shall

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constitute the Board of Engineers, whose duties collectively shall e as follows:

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     1. To determine the number of companies within the Westerly Fire District, the

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geographical location of each company and the quota of members in each company.

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     (2) To meet on a regular basis to consider all expenses and claims filed with the District

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and such expenses and claims that are approved shall bear their signature and be presented to the

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Treasurer for payment. Each statement or claim shall bear the signature of a majority of the Board

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of Engineers before being presented to the Treasurer for payment.

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     3. A majority of the members of the Board of Engineers, present at a fire, or in the event

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that there is only one member of the Board of Engineers present, may order such buildings to be

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pulled down or blown up, as they shall judge necessary to stop the progress of a fire.

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     4. Whenever a vacancy shall occur in the Office of Moderator, Clerk, Tax Collector or

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Treasurer either through death, resignation or disability or removal for cause, the Board of

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Engineers shall appoint an eligible voter to the District to serve in such capacity until the next

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Annual or Special Meeting.

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     5. The Board of Engineers shall appoint or designate an eligible voter as Acting

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Treasurer, said person not to be a member of the Board of Engineers, who in the absence or

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disability of the Treasurer shall have the authority to sign checks and assume the other duties of

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the Treasurer. Said person shall provide bond in an amount to be determined by the Board of

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Engineers.

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     6. The Board of Engineers shall have the authority to retain legal counsel at an annual

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cost to be determined by the eligible voters of the Westerly Fire District. Said legal counsel shall

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be available in an advisory capacity for all committees of the Westerly Fire District and shall

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render legal opinions, whenever requested to do so, on any question or inconsistencies pertaining

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to the Charter.

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     7. The Board of Engineers, acting on behalf of the Westerly Fire District, shall have the

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right to sue and be sued in the Courts of this State having jurisdiction to hear, try or determine

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such causes. The Westerly Fire District shall indemnify any elected officer for damages,

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judgments, settlements, costs and expenses incurred in connection with any action, suit or appeal

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therefrom, arising out of an alleged or actual breach of duty, neglect, error, misstatement or

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omission, or any other matter claimed against said person solely by reason of their being an

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Officer of the Westerly Fire District.

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     8. The owners of the greater part of the land within any area contiguous to the boundary

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lines of the Westerly Fire District, as herein set forth, or as may be extended form time to time by

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operation of this section, may petition the Board of Engineers that the territory within which they

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own land b e admitted as part of the Westerly Fire District. The Board of Engineers shall

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consider the admission of the territory described in such petition and may require, as a condition

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of such consideration, the payment to the Treasurer of the Westerly Fire District, the sum equal to

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the cost of a survey of such additional territory and such plans and reprints, as the Board of

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Engineers shall deem necessary. Upon approval of any such petition by the Board of Engineers,

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the same shall be referred to the next Annual Meeting of the Westerly Fire District or the Board

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of Engineers shall call a Special Meeting. Notice of the meeting of the Westerly Fire district at

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which the admission of territory is to be considered shall be given in the manner herein before

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provided but also shall make special mention that the admission of territory is to be considered.

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Upon petition and approval by the Board of Engineers and notice thereof given as aforesaid, at

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any meeting of the Westerly Fire District, by majority vote of the eligible voters present and

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voting, may accept or reject the admission of the territory described in said petition. Upon

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certificate by the Moderator, attested by the Clerk, that the meeting was duly called and held upon

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said petition and approval that it was voted to accept such territory being filed with the Secretary

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of State of the State of Rhode Island, said territory shall be included within the boundaries of the

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Westerly Fire district.

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     9. Whenever a member of the Board of Engineers in the discharge of their duty, issues an

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order to any member of the Westerly Fire Department, the order shall be faithfully carried out. In

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the case of disobedience or neglect, said person shall be subject to review by the Board of

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Engineers, who may, if they so deem, discharge said person from the Westerly Fire Department.

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     10. The Board of Engineers, at each Annual Meeting, shall make a written report to the

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eligible votes of the Westerly Fire District of the state of affairs of the Westerly Fire District.

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They shall also, at each Annual Meeting, present the eligible voters with a written report of

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anticipated expenditures for the coming fiscal year.

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     11. The Board of Engineers may, from time to time, prescribe such reasonable

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Departmental rules, orders and regulations concerning health, safety, cleanliness, maintenance,

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training and the protection of Westerly Fire District property as they shall see fit. Any member of

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the Westerly Fire Department not adhering to same shall be reported to the Board of Engineers

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for review, who may, if they so deem, discharge said member from the Westerly Fire

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Department.

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     APPENDIX A

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     All that part of the Town of Westerly, which shall constitute all those portioned of the

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Town of Westerly which are included within the following boundary lines, is hereby incorporated

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into a district to be called the Westerly Fire District.

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     "Beginning at a point in the center of the Pawcatuck River being the intersection of the

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town division boundary line in North Stonington and Stonington and the state division boundary

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line of Connecticut and Rhode Island; thence running in a general southerly direction by and with

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said state boundary line to a point due west of Avondale point as defined from the true north;

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thence running east to said Avondale point; thence continuing in an easterly direction by and with

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the southerly shore of said Avondale point to a culvert over a ditch crossing Avondale Road, so-

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called; thence southerly by and with said Avondale Road to Watch Hill Road; thence crossing

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said Watch Hill Road and following the northerly boundary line of Watch Hill Fire District a

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distance of five hundred (500) feet to a northeasterly corner of said Watch Hill Fire District area;

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thence running in a northeasterly direction maintaining a distance of five hundred (500) feet from

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the easterly side of the Watch Hill Road and bounded southeasterly by the said Watch Hill Fire

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District, to a point on the south side of Shore Road five hundred (500) feet easterly of the east

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side of Watch Hill Road; thence crossing said Shore Road and running in a general northeasterly

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direction and maintaining a distance of five hundred (500) feet southeasterly from the Watch Hill

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Road to a point five hundred (500) feet north of the north side of Shore Road; thence running in a

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general easterly direction and maintaining a distance of five hundred (500) feet northerly from

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Shore Road to the centerline of a stonewall, a distance of five hundred (500) feet mote or less to

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the northerly side of Shore Road; thence easterly, along the northerly side of Shore Road, a

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distance of three thousand ninety one (3091) feet more or less to the centerline of a stone wall and

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the southwesterly corner of land now or formerly of Margaret M. Houston; thence northerly, by

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and along the centerline of said stonewall, to appoint of five hundred (500) feet northerly of the

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northerly side of Shore Road; to the Tom Harvey Road as shown on plat hereinafter mentioned;

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thence crossing the Tom Harvey Road and following the easterly side of the Tom Harvey Road

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and following the easterly side of the Tom Harvey Road in a northwesterly direction to where the

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Tom Harvey Road meets the southerly property line of the Westerly State Airport, as shown on

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drawing entitled "Westerly State Airport, Westerly, R.I. layout plan dated 20 March 1969" to a

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point, said point being the southeasterly property corner of the Westerly State Airport; thence

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proceeding in a generally easterly and northerly direction, along the easterly property line of the

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Airport, to a point on the southerly side of Post Road (Rte. U.S. 1), said point being the

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northeasterly property corner of the Westerly State Airport; thence proceeding in a generally

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northwesterly direction along the southerly side of Post Road, to a point, said point being the

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intersection of the above mentioned course and the easterly line of the Westerly By-Pass (Rte.

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78); thence proceeding in a northerly direction along the easterly line of the Westerly By-Pass

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(Rte. 78) to a point, said point being the southwesterly property corner of the Westerly Town

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Dump as shown on drawing entitled "Plan Showing Limits of Dump Area, Westerly Town

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Dump, Westerly, R.I., dated 16 July 1973, H.J. Turrisi Engr."; thence proceeding in a general

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northeasterly direction along the southerly and easterly property lines of the Westerly Town

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Dump on the beforementioned drawing to a point on the shoreline of Chapman's (Burdens) Pond;

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thence proceeding in a northeasterly direction across Chapmans (Burdens) Pond to a point, said

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point being the center line of Aguataug Brook passing under the Westerly-Bradford Road (Rte.

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91) at a bridge near utility pole N.E. Co. – 1715 on said road; thence continuing in a generally

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northeasterly direction by and with said Brook to the centerline of the Pawcatuck River; thence

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turning and running downstream along the centerline of said Pawcatuck River to the point and

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place of beginning".

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     Said Westerly Fire District boundaries are more accurately shown, delineated and defined

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on that certain plat or map entitled, "Plat Showing boundary lines of Westerly Fire District,

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Dunns Corners Fire District and Bradford Fire District – February, 1979", to be recorded with the

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Town Clerk in the Westerly Land Evidence Records of the said Town of Westerly.

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     SECTION 2. This act shall take effect upon passage.

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LC02425

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