2024 -- S 2633 | |
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LC005260 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO IN AMENDMENT OF AND IN ADDITION TO THE ACT, PASSED AT THE | |
JANUARY SESSION, A.D. 1883, ENTITLED "AN ACT TO INCORPORATE THE UNION | |
FIRE DISTRICT OF SOUTH KINGSTOWN", AS AMENDED | |
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Introduced By: Senators Sosnowski, Valverde, and Gu | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. An act passed at the January Session, A.D. 1883, entitled "An Act to |
2 | Incorporate the Union Fire District of South Kingstown", as amended by chapter 1417 of the Public |
3 | Laws of 1906, by chapter 650 of the Public Laws of the August Session 1910, by other acts passed |
4 | at the January Session 1938, the January Session 1944, the January Session 1946, the January |
5 | Session 1948, the January Session 1950, the January Session 1954, the January Session 1958, the |
6 | January Session 1964, the January Session 1974, the January Session 1976, the January Session |
7 | 1977, the January Session 1980, the January Session 1982, the January Session 1994, and the |
8 | January Session 1997, and the January Session 2009 is hereby further amended to read as follows: |
9 | Sec. 1. Jurisdiction. Commencing at the southeasterly corner of said district at the point of |
10 | intersection of the South Kingstown-Narragansett town line with the mean high water line of the |
11 | Atlantic Ocean; thence running in a general westerly direction, following the mean high water line |
12 | of the Atlantic Ocean until it intersects the South Kingstown-Charlestown town line; thence running |
13 | in a general northerly direction, following said South Kingstown-Charlestown town line to the |
14 | center of the Pawcatuck or Charles River; thence running in a general northwesterly direction, |
15 | following the South Kingstown-Charlestown town line along the center of said Pawcatuck or |
16 | Charles River to its confluence with the Queen's River; thence running in a general northeasterly |
17 | and northerly direction following the South Kingstown-Richmond town line along the center of |
18 | said Queen's River to the village of Usquepaug; thence continuing in a general northerly direction, |
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1 | following the South Kingstown-Richmond town line until it intersects the South Kingstown-Exeter |
2 | town line; thence running in a general easterly direction, following said South Kingstown-Exeter |
3 | town line to the intersection of Old North Road and Wolf Rocks Road; thence running in a general |
4 | southwesterly direction to a point on the center line of Plains Road five hundred(500) feet |
5 | northeasterly from the intersection of the center line of Plains Road with the center line of |
6 | Kingstown Road; thence running in a general southwesterly direction, following the centerline of |
7 | Plains Road, to the center line of Kingstown Road; thence running in a general southerly direction, |
8 | following the centerline of Ministerial Road, a distance of two thousand (2,000) feet; thence |
9 | running due east (true) three thousand (3,000) feet, more or less, to a point on the existing Kingston |
10 | Fire District boundary, said point being two thousand two hundred (2,200) feet, more or less, south |
11 | of the center line of Kingstown Road; thence running due south (true) to a point five hundred (500) |
12 | feet south of a southerly boundary of a Narragansett Electric Company power line easement; thence |
13 | running in a general direction, parallel to and five hundred (500) feet southerly from the southerly |
14 | boundary of said power line easement, to a point one thousand (1,000) feet southwesterly from the |
15 | center line of Kingstown Road; thence running due north (true) five hundred (500) feet to the |
16 | southerly boundary of said power line easement; thence running in a general easterly direction |
17 | along the southerly boundary of said power line easement approximately eight hundred (800) feet |
18 | to the center line of Kingstown Road; thence running in a general northwesterly direction along the |
19 | center line of said Kingstown Road approximately seven hundred (700) feet to a point on the |
20 | westerly extension of the southerly boundary of the University of Rhode Island "East Farm"; thence |
21 | running in a general easterly direction along the southerly boundary of said "East Farm" to a point |
22 | one thousand(1,000) feet northeasterly from Kingstown Road; thence running in a general |
23 | northeasterly direction to the intersection of Mitchell's Brook with the center line of Mooresfield |
24 | Road; thence running in a general northwesterly direction to the intersection of North Road and |
25 | Wolf Rocks Road at the South Kingstown-Exeter town line; thence running in a general easterly |
26 | direction, following the South Kingstown-North Kingstown town line to its intersection with the |
27 | South Kingstown-Narragansett town line in the center of the Pettaquamscutt River; thence running |
28 | in a general southerly, southwesterly and southerly direction, following the South Kingstown- |
29 | Narragansett town line to the first mentioned point or place of beginning. |
30 | Excepting here from that area known as the Indian Lake Fire District, bounded and |
31 | described as follows: |
32 | Commencing at a point in the westerly line of Tower Hill Road at the southeasterly corner |
33 | of "Section No. 2 Indian Lake Shores"; thence running in a general westerly direction to the easterly |
34 | line of land formerly of Elisha R.P. Chappell at the southwesterly corner of "Section No. 1 Indian |
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1 | Lake Shores"; thence running in a general northerly direction, bounded westerly by land formerly |
2 | of Elisha R.P. Chappell, to the shore line of Indian Lake; thence running in a general northeasterly |
3 | and northerly direction, following the shore line of Indian Lake, to the northwesterly corner of |
4 | "Section No. 4 Indian Lake Shores"; thence running in a general easterly direction, following the |
5 | northerly line of "Section No. 4 Indian Lake Shores"; to the westerly line of Tower Hill Road; |
6 | thence running in a general southerly direction, following the westerly line of Tower Hill Road to |
7 | the point of beginning. |
8 | Sec. 2. Rights and Qualifications for Voters. Every citizen of the United States of the age |
9 | of eighteen (18) years who resides in the district and is eligible to vote in a general or special |
10 | election in the town of South Kingstown shall have the right to vote at any annual or special meeting |
11 | of said district, or any adjournment thereof. |
12 | Sec. 3. Canvassing Voters and Preparation of Voters' List. There shall be a board of |
13 | canvassers consisting of the tax assessors and the collector of taxes said district. |
14 | Sec. 4. Board of Canvassers -- Meeting. The tax assessors shall also serve in the capacity |
15 | as the board of canvassers. The board of canvassers shall meet and canvass the voting list of said |
16 | district on the first Monday in April of each year and shall make out a correct alphabetic list of the |
17 | qualified voters of the district, indicating those, if any, who are disqualified, and shall certify the |
18 | correctness thereof and file it with the district clerk. |
19 | Sec. 5. Government and Conduct of District Meetings. No less than twenty-five (25) |
20 | qualified voters shall constitute a quorum for the transaction of business at any annual or special |
21 | meeting of the district. If at any annual or special meeting less than a quorum shall be present, a |
22 | majority of the voters present at the meeting or any adjournment thereof may vote to adjourn the |
23 | meeting, but may take no other action. |
24 | Sec. 6. Moderator. The voters in the district at each annual meeting shall choose and elect |
25 | a moderator to serve for one year. The moderator shall preside at all meetings of the district at |
26 | which he shall be present and in case of his absence the clerk shall preside or in the absence of the |
27 | clerk, a moderator and clerk pro tempore shall be chosen. In the absence of both, the moderator and |
28 | the clerk, the treasurer shall preside until such moderator and clerk pro tempore be chosen. Every |
29 | moderator shall have power to manage and regulate the business of each meeting conforming to |
30 | law and to preserve peace and good order therein; and shall upon motion, made and seconded, |
31 | relative to any business regularly before such meeting, after hearing all voters entitled to vote |
32 | thereon who desire to be heard, cause the vote of the voters present entitled to vote to be taken by |
33 | acclamation, by hand ballot, by rising, by division, or by written ballot and shall announce the |
34 | result; provided, however, that whenever at any district meeting action shall have been taken |
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1 | authorizing the expenditure of money, the incurring of any liability, or the disposition of property, |
2 | not less than one-fifth (1/5) of the voters present may by their affirmative votes require |
3 | reconsideration of the question at an adjourned meeting of which special notice has been given by |
4 | posting printed notices in seven (7) or more conspicuous public places therein, for five (5) calendar |
5 | days in advance of the meeting and when time shall permit by publishing such notice in some |
6 | newspaper distributed in said district, stating the hour and place thereof and the action taken which |
7 | is to be considered. |
8 | Sec. 7. Evidence. A stenographic copy of the record of the proceedings of any district |
9 | meeting, duly certified by the clerk, shall be evidence of any act or vote of the district in district |
10 | meeting assembled recited in such copy, and the certification of the district clerk that no district |
11 | meeting has been held to consider any subject in such certification mentioned, or that no vote of |
12 | the district has been taken on such subject, shall be evidence of the fact therein stated. |
13 | Sec. 8. Election of district wardens. |
14 | (a) There shall be five (5) district wardens and they shall be elected by the voters in the |
15 | district. Current district wardens shall continue until their terms expire and there after wardens shall |
16 | be elected to serve for three (3) year terms. Three (3) wardens shall constitute a quorum for |
17 | conducting any district business. All of the foregoing officers shall be qualified voters living within |
18 | the district. |
19 | (b) Commencing in 2010, any qualified voter may be a candidate for the position of |
20 | warden, provided such candidate submits nomination papers to the district clerk which have been |
21 | signed by twenty-five (25) other qualified voters at least sixty (60) days prior to the date of the |
22 | annual meeting. This list of signatures is to be certified by the board of canvassers no later than |
23 | thirty (30) days prior to the district's annual meeting. |
24 | (c) The board of canvassers shall provide the clerk of the district with a list of qualified |
25 | nominees. The clerk of the district shall then post a list of all qualified nominees in at least nine (9) |
26 | public places within the district, including all actively used district stations and the administration |
27 | building, at least twenty (20) days prior to the annual meeting or any other special meeting called |
28 | for the election of officers. |
29 | (d) Voters at the meeting shall be provided a paper ballot with the names of all qualified |
30 | nominees listed by last name in alphabetical order. The candidates receiving the highest number of |
31 | votes shall be elected. In the event of a tie vote, the moderator shall call for additional paper ballots |
32 | until the tie vote is broken. |
33 | (e) The board of wardens shall have the discretionary power to declare a position of warden |
34 | vacant if the person filing that position fails to attend six (6) consecutive meetings of the board. |
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1 | (f) In the event that a vacancy on the board of wardens occurs, the district clerk shall call a |
2 | meeting of the board of wardens within ten (10) business days after such vacancy occurs. The board |
3 | of wardens shall select a qualified elector of the district to fill the vacancy until the district's next |
4 | annual meeting. |
5 | (g) No district warden shall be an active member of any district fire company; provided, |
6 | however, that any person having attained a designation of life member or honorary member of a |
7 | district fire company shall not be precluded from holding the office of warden. All of the foregoing |
8 | officers shall hold their offices until the expiration of their terms, and until their successors have |
9 | been elected and/or appointed and qualified. |
10 | Sec 9. Duties of district warden. (a) The wardens elected by said district shall have |
11 | complete and exclusive control of the expenditures of all moneys appropriated by the district, the |
12 | acquisition and disposal of district property, all within the limits. The wardens shall purchase all |
13 | supplies and repairs for the maintenance of the apparatus, buildings, and all property of said district, |
14 | and shall investigate all bills and claims presented to them against the district and if found correct, |
15 | approve them to the treasurer for payment. The wardens shall have the care management and |
16 | control of all property and equipment owned by the district and shall make rules and regulations |
17 | governing the use of same. It shall be the duty of the wardens to: (1) Supervise and coordinate the |
18 | activities of all the officers, commissions and committees of the district; (2) To prepare, or have |
19 | prepared, ordinances relative to the district and its activities, and present same to either the annual |
20 | or special meeting of the district for action thereon; (3) To develop for, and present to, the annual |
21 | or special meeting, plans for the development and improvement of the district; (4) To prepare a |
22 | budget for the consideration and approval of the voters at each annual district meeting; and (5) To |
23 | abate such taxes as may be recommended therefor by the board of assessors. The wardens shall |
24 | prepare contracts or agreements with a water company for the rental or use of fire hydrants in the |
25 | district, the same to be included in the annual budget that is presented to the voters for approval at |
26 | the annual district meeting each year. |
27 | Sec. 10. Vacancies. Whenever a vacancy shall occur in any office by death, removal out of |
28 | the district, resignation, or by neglect or refusal to qualify, or for any other cause, the board of |
29 | wardens shall appoint a qualified voter living within the district to fill the vacancy until the next |
30 | annual meeting. The appointee shall exercise all the powers of the office until the next annual |
31 | meeting. |
32 | Sec. 11. Appointment and duties of tax assessor. Current tax assessors shall continue until |
33 | their terms expire. Board The board of wardens shall thereafter employ one assessor of taxes who |
34 | shall serve at the pleasure of the board of wardens. The board may also employ one or more deputy |
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1 | tax assessors from time to time, who shall serve at the pleasure of the board of wardens. The tax |
2 | assessor shall prepare and certify the tax roll each year. |
3 | The clerk shall keep full, fair and accurate records and minutes of the district's meetings |
4 | and shall make said minute available to members of the public, in accordance with the Rhode Island |
5 | Public Records Act, Chapter 2 of Title 38 of the Rhode Island general laws. The clerk shall be |
6 | responsible to give notice of district meetings as set forth under the provisions of this charter and |
7 | pursuant to the Rhode Island Open Meetings Laws, Chapter 46 of title 42 of the Rhode Island |
8 | general laws. The clerk shall maintain a current copy of the district charter. The clerk shall perform |
9 | other duties as assigned by the board of wardens. |
10 | Sec. 12 Appointment and duties of district clerk. The board of wardens shall annually |
11 | appoint a qualified voter to serve as district clerk for a one-year term. In the event of a death, |
12 | resignation or vacancy in the office of district clerk for any reason, the board of wardens shall |
13 | appoint a new district clerk for the remainder of the clerk's unexpired term. At the pleasure of the |
14 | board of wardens, the district clerk may also be employed by the district as district administrator |
15 | or in any other position. The clerk of the district shall act as the clerk of the wardens. |
16 | The clerk shall keep full, fair and accurate records and minutes of the district's meetings |
17 | and shall make said minutes available to members of the public, in accordance with the Rhode |
18 | Island Public Records Act, Chapter 2 of Title 38 of the Rhode Island general laws. The clerk shall |
19 | be responsible to give notice of district meetings as set forth under the provisions of this charter |
20 | and pursuant to the Rhode Island Open Meetings Laws, Chapter 46 of Title 42 of the Rhode Island |
21 | general laws. The clerk shall maintain a current copy of the district charter. The clerk shall perform |
22 | other duties as assigned by the board of wardens. |
23 | Section 13. Appointment and duties of tax collector. (a) Appointment: The board of |
24 | wardens shall employ a collector of taxes who shall serve at the pleasure of the board of wardens. |
25 | The board of wardens may require the tax collector to give bond in an amount to be determined by |
26 | the board, the cost of said bond, if any, to be borne by the district. The positions of tax assessor and |
27 | tax collector may be filled by the same person. The collector of taxes, before he or she shall proceed |
28 | to discharge the duties of his or her office, shall give bond to the district in such sum and with such |
29 | surety as the wardens may determine, conditioned for the faithful discharge of his or her duties, |
30 | and shall deposit same with the district clerk. |
31 | (b) Duties. The collector of taxes shall pay over and deliver to the district treasurer on the |
32 | first day of each month the total taxes collected by him or her during the previous month and at the |
33 | end of each fiscal year and on the first day of February of each year deliver to the district treasurer |
34 | a statement continuing of taxes for the said district shall for the purpose of collecting taxes assessed |
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1 | by said district shall, have the same powers and authority as are now by law conferred on collectors |
2 | of taxes for towns in this state. The tax collector shall also perform the duties of clerk for the board |
3 | of tax assessors. The tax collector shall perform other duties as assigned by the board of wardens. |
4 | (c) Collection. All real estate and tangible personal property in the district shall be taxed to |
5 | the owners thereof whether individuals, co-partnerships, or corporations, according to the last |
6 | valuation made by the assessors of taxes of the town of South Kingstown, next previous to the |
7 | assessment, adding however, any taxable real estate or tangible personal property which may have |
8 | been omitted by said assessors of taxes of the town of South Kingstown or afterwards acquired; |
9 | and in the assessing and collecting of said taxes such proceedings shall be had by the officers of |
10 | the district as near as may be, as are required to be had by the corresponding officers of towns in |
11 | assessing and collecting town taxes, and the collector. The district shall employ the same tax credits |
12 | and exemptions as are employed by the assessor of taxes for the town of South Kingstown the |
13 | names of delinquent taxpayers and the amount of tax unpaid. The district may provide a penalty by |
14 | way of a percentage of the tax, consistent with the penalties assessed by the collector of taxes for |
15 | the town of South Kingstown, if not paid at the appointed time. |
16 | Sec. 14. Appointment and duties of the district treasurer. |
17 | (a) Appointment. The board of wardens shall employ a district treasurer who shall serve at |
18 | the pleasure of the board of wardens. |
19 | (b) Qualification. The district treasurer shall give bond to the district in such sum and with |
20 | such surety as the wardens may determine conditioned for the faithful discharge of the duties of |
21 | said office. Said bond shall be deposited with the district clerk. The treasurer shall pay out no |
22 | moneys other than those moneys authorized to be expended by vote of the district through the board |
23 | of wardens or district administrator, pursuant to the district's purchasing policies. |
24 | (c) Duties. The treasurer shall, at the annual meeting, make a report containing a balance |
25 | sheet showing the financial standing of the district at the close of the fiscal year. The treasurer shall |
26 | assist the board of wardens in preparing an annual budget and shall pay all obligations of the district |
27 | in a timely manner. The treasurer shall perform other duties as assigned by the board of wardens. |
28 | Section 15. Call and warning of district meetings. |
29 | The annual meeting of said fire district shall be held on the first Monday of June in each |
30 | year, at 7:00 p.m. daylight savings time, for the election of moderator and district wardens and the |
31 | transaction of all other business that may legally come before said meeting. Special meetings shall |
32 | be called by the clerk, upon request of the wardens or by a petition signed by at least fifty (50) of |
33 | the legally qualified voters of the district. The signatures on the petitions shall be certified by the |
34 | board of canvassers within five (5) business days after filing said petition with the office of the |
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1 | district clerk. After the board of canvassers has certified the signatures, the district clerk shall notify |
2 | the qualified voter of the district of the time and place of holding all meetings thereof, by posting |
3 | printed notices in nine (9) or more conspicuous public places therein, for seven (7) days in advance |
4 | of the meeting, and when the time shall permit, by publishing such notices in some newspaper |
5 | distributed in said district. The notice for all meetings shall state the purpose for which the same |
6 | are to be held, and at special meetings no other business shall be transacted, than is set forth in the |
7 | request for and notice calling the same, unless approved by unanimous vote. No tax shall be ordered |
8 | at any meeting, nor any agreement or contract involving the expenditure of money entered into |
9 | unless mention thereof be made in the notice thereof. |
10 | Sec. 16. Fiscal year. The fiscal year for said district shall be for the period of July 1st to |
11 | June 30th. |
12 | Section 17. Audit. The accounts of the district treasurer and of the collector of taxes shall |
13 | be audited each year prior to the annual meeting by an independent certified public accountant |
14 | appointed by the wardens and said auditor shall submit his or her report to the voters at the annual |
15 | district meeting. Said report shall consist of an annual financial statement balance sheet and other |
16 | such reports as deemed necessary by the wardens and/or the auditor to ensure the financial integrity |
17 | of the district's finances. |
18 | Sec. 18. Wardens meetings. The wardens shall meet at least once a month in public meeting |
19 | at some predetermined place and time and shall keep an accurate record of all their transactions |
20 | and meetings. The clerk of the district shall act as the clerk of the wardens. All meetings of the |
21 | wardens shall conform to the requirements of the Rhode Island "Open Meetings" act, RIGL section |
22 | 42-46-1 et seq. |
23 | Sec. 19. Real and personal estate. The district may take, purchase and hold real estate and |
24 | personal estate and alienate and convey the same and subject to limitation herein contained may |
25 | borrow money and incur indebtedness. All real and personal estate held by the district and not used |
26 | for commercial purposes shall be exempt from all taxation. |
27 | Sec. 20. Taxes. Upon the acceptance of an annual budget, the wardens shall direct the |
28 | treasurer to prepare and introduce the necessary tax resolutions to be presented to the voters at the |
29 | annual meeting. As part of said tax resolutions the voters at each annual meeting, may set a |
30 | minimum tax on each property to be assessed. |
31 | Sec. 21. Appropriations. The district may at any legal meeting grant and vote such sums of |
32 | money as it shall judge necessary. |
33 | (A) for the renewal, replacement, purchasing and procuring of implements and apparatus |
34 | for the extinguishment of fire; |
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1 | (B) for the purpose of supplying the inhabitants of said district with water for fire purposes; |
2 | (C) for the purpose of improving the property of said district and purchasing additional |
3 | property; |
4 | (D) for the improvement in any manner it may deem fit of any property belonging to the |
5 | district; |
6 | (E) for the purpose of creating a reserve fund for the extinguishment of debts or for the |
7 | future replacement of apparatus and property; |
8 | (F) for the education and training of district personnel and for the maintenance and repair |
9 | of district apparatus, equipment and property; and |
10 | (G) for all necessary charges and expenses whatsoever arising within the district, incidental |
11 | or not to the above. District voters at any of their legal meetings may authorize and empower the |
12 | treasurer of said district to borrow money for the operation and transaction of district business, to |
13 | give the note or notes of said district for the money so borrowed, and to give renewals thereof; |
14 | provided, however, that at no time shall the note or notes and renewal of notes outstanding in |
15 | pursuance of such authority exceed in the aggregate sum of ten million dollars ($10,000,000). Once |
16 | the voters have voted to place funds in the reserve for capital expenditures Capital Projects Fund, |
17 | thereafter said funds shall not be removed for the purpose of reducing the amount to be raised by |
18 | taxes for any succeeding budget. Provided, however, that funding of the account entitled “Reserve |
19 | for Capital Expenditures" "Capital Projects Fund" in any budget that is to be submitted for voter |
20 | approval at an annual or special meeting of said district shall not exceed two hundred fifty thousand |
21 | dollars ($250,000) or twenty-five percent (25%) of the total budget of the district, whichever |
22 | amount is greater, in any one fiscal year. No bond or note shall be issued by the district in an amount |
23 | exceeding five hundred thousand dollars ($500,000) unless the question of the approval of the Act |
24 | by the general assembly authorizing the issuance of said bonds or notes be submitted to the voters |
25 | of the district at an annual or special meeting of the district, at an all-day referendum to be held at |
26 | a date not later than seventy(70) days following the passage of any such act. The question that is |
27 | submitted shall include the amount of the bonds or notes to be issued and the purpose(s) for which |
28 | the bonds or notes are to be issued. The warning for said referendum shall contain the question to |
29 | be submitted and once warned, a copy of the act shall be made available for inspection at the district |
30 | offices by the clerk, however, the failure of the clerk to comply with this provision shall not affect |
31 | the validity of the outcome. Voting at any such special referendum shall comply with the following |
32 | provisions: |
33 | The question shall be warned a minimum of twenty-one (21) days prior to the date of the |
34 | referendum and shall be publicized by advertisement in a newspaper of general circulation that is |
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1 | distributed within the district at least one (1) day per week for the three (3) consecutive weeks prior |
2 | to the referendum. In addition, the warning shall be publicly posted at the district offices, the South |
3 | Kingstown Town Hall, all district fire stations and at least three (3) other conspicuous public |
4 | locations. |
5 | Voting shall take place at the district offices and shall be held on a weekday between the |
6 | hours of 8:00 a.m. and 8:00 p.m. |
7 | The only persons who will be eligible to vote at any special referendum are those qualified |
8 | voters of the town of South Kingstown who reside within the district, having been qualified at least |
9 | thirty (30) days prior to the date of the referendum. Any voter who has registered to vote in the |
10 | town of South Kingstown during the ninety (90) days prior to the date of the referendum must |
11 | obtain a certified letter from the South Kingstown Clerk's Office verifying that he or she is a |
12 | qualified voter and must present such letter at the referendum in order to be eligible to vote. |
13 | Voters of the district, having been qualified by a district tax assessor, shall be provided a |
14 | ballot containing the question to be approved and a provision for indicating either "approve" or |
15 | "reject". Approve shall mean that the question passes and reject shall mean that the question fails. |
16 | The district tax assessors shall certify to the wardens the total number of voters registering |
17 | and receiving ballots, the number of ballots marked "approve", the number of ballots marked |
18 | "reject" and the number of ballots not marked or missing. In the event that the total number of |
19 | ballots collected exceeds the total number of voters registered, the referendum shall be declared |
20 | void and a second vote taken. |
21 | Sec. 22 Powers of and suits by and against said district. The district may have common |
22 | seal, in its corporate name, may sue and be sued, prosecuted and defend, in any court and elsewhere, |
23 | and enjoy all the other powers generally incident to corporations. Every suit whether in law or in |
24 | equity, brought by the district shall be brought in the name of the district unless otherwise directed |
25 | specially by law. |
26 | Sec. 23. Ordinances. The district may from time to time make and ordain ordinances, |
27 | bylaws and regulations for the district that shall not be in conflict with or in violation of other |
28 | provisions of this act and not repugnant to law. |
29 | Notwithstanding any contrary provision set forth in Sec. 13 (c) of this charter regarding |
30 | exemptions and abatements, the board of wardens is authorized to adopt an ordinance which grants |
31 | either a property tax exemption or property tax abatement to qualified volunteer firefighters, retired |
32 | volunteer firefighters, and their surviving spouses. When defining “qualified” under any such |
33 | ordinance, the board may, but is not required to, consider the firefighter’s years of service, |
34 | participation in drills and other firefighting activities. |
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1 | Sec. 24. Penalties. The district may impose penalties for the violation of such ordinances, |
2 | bylaws, and regulations, not exceeding the amount of fifty dollars ($50.00), or imprisonment not |
3 | exceeding ten (10) days in the adult correctional institution for any offense, unless other penalties |
4 | thereof, or penalties within other limits, are especially prescribed by the statutes of the state of |
5 | Rhode Island, to be prosecuted before the district court, of the fourth judicial district by some officer |
6 | appointed for that purpose, and such moneys to be received to the use of the district. |
7 | Sec. 25. Words importing the masculine gender shall include the feminine gender. |
8 | Sec. 26. Fire service appointments. The wardens shall appoint a fire chief and as many |
9 | deputy chiefs or other officials as they shall deem appropriate for the operation of the fire service. |
10 | All appointments shall serve at the pleasure of the board of wardens, and shall be made at the June |
11 | meeting of the wardens, said terms to be effective July 1st and shall end no later than the following |
12 | June 30th. The chief and deputy chiefs, under the supervision of the wardens, shall have command |
13 | of and supervise the handling of all fire and rescue apparatus. The wardens may appoint all |
14 | necessary fire service officers for the execution of the ordinances, bylaws and regulations of the |
15 | district and may define their duties and fix their compensation, and may relieve any such officers |
16 | at pleasure. The wardens shall have the power to remove or suspend from office the fire chief or |
17 | any or all deputy chiefs or any fire service appointments for just cause, for any misuse of the |
18 | property belonging to said district or conduct unbecoming an officer. The wardens shall also have |
19 | the power to forbid, any member of any fire company or any citizen from using any property |
20 | belonging to the district. For the purpose of disciplinary action of the fire chief or any deputy chief, |
21 | a majority vote of the five (5) elected wardens shall be necessary for any disciplinary action. Any |
22 | person aggrieved by a disciplinary action taken pursuant to this section may request a hearing |
23 | before the full board of wardens wherein all five (5) members are present. Said hearing shall be |
24 | conducted in executive session pursuant to RIGL section 46-6-5, except that the grievant may |
25 | request that said hearing be conducted at a regularly scheduled meeting in open session. |
26 | Sec. 27. Publishing of proposed budget and modifications. The board of wardens shall, in |
27 | conjunction with its treasurer, prepare and file by May 1 with the district clerks' office by May 1st |
28 | of each year, a proposed budget for the upcoming fiscal year. Said budget shall be posted in nine |
29 | (9) or more conspicuous public places within the district, including all stations and the |
30 | administration building. The clerk shall also cause a copy of the budget to be advertised in a |
31 | newspaper of local circulation at least once on or before May 15th. Qualified voters may seek to |
32 | increase proposed line items in the budget only by filing a petition no later than May 20th, signed |
33 | by fifty (50) qualified voters. The board of canvassers shall certify the signatures on the petition |
34 | within three (3) business days of the filing. Once the board of canvassers has certified the petition |
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1 | as containing sufficient certified signatures, it shall so notify the district clerk who will then post |
2 | the petition in nine (9) or more conspicuous public places within the district, including all stations |
3 | and the administration building. |
4 | The moderator shall determine whether any such petitions will be entertained first or |
5 | whether they will be considered when the affected line item of the budget is reached during the |
6 | annual meeting. |
7 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO IN AMENDMENT OF AND IN ADDITION TO THE ACT, PASSED AT THE | |
JANUARY SESSION, A.D. 1883, ENTITLED "AN ACT TO INCORPORATE THE UNION | |
FIRE DISTRICT OF SOUTH KINGSTOWN", AS AMENDED | |
*** | |
1 | This act would amend the charter of the Union Fire District of South Kingstown by |
2 | renaming "Reserve for Capital Expenditures" to "Capital Projects Fund" and would allow the board |
3 | of wardens to grant tax exemptions to current and retired volunteer firefighters and their spouses. |
4 | This act would take effect upon passage. |
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