05-LA 015

2005 -- S 0168

Enacted 04/15/05

A N A C T

RELATING TO THE WATCH HILL FIRE DISTRICT

Introduced By: Senator Dennis L. Algiere

Date Introduced: February 02, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 7, 9, 11, 13, 27, 28, and 29 of an act passed by the general

assembly at its January sessions, A.D. 1941, and approved May 2, 1941 entitled "An Act to

Incorporate the Watch Hill Fire District" are hereby amended to read as follows:

     Sec. 7. The moderator or, in the absence of the moderator, the deputy moderator, shall

preside at all meetings of the district. He shall have the same authority at all meetings as

moderators at town meetings.

     Sec. 9. Except as otherwise provided herein, all questions relating to district affairs shall

be decided by a majority of the voters present at a duly called meeting of the district and entitled

to vote on the question.

Decisions taken at any annual or special meeting of the district shall be by affirmative

vote of a majority of qualified voters present in person and voting. Any actions taken by the

district as provided in sections 34, 35 and 36 of this act relating to property acquisition and

disposition, borrowing, levying a tax, and budgetary matters, shall be voted at a legal meeting of

the voters of the district.

      Section 11. The voters in the district shall at the annual meeting choose and elect a

moderator, a deputy moderator, a district clerk, a district treasurer, an assessor of taxes, a

collector of taxes, a health officer; and at the first annual meeting after the effective date of this

act shall elect 5 park commissioners, one to serve for one year, one to serve for 2 years, one to

serve for 3 years, one to serve for 4 years and one to serve for 5 years; a finance committee of 3

members, one member to serve for one year, one member to serve for 2 years and one member to

serve for 3 years; 3 fire wards, one to serve for one year, one to serve for 2 years and one to serve

for 3 years; and shall elect annually thereafter a park commissioner to serve for 5 years, one

member of the finance committee and one fire ward, each to serve for 3 years. and two (2)

members-at-large of the district council, each to serve for a term of one year; the appropriate

number of members of a park commission to consist of five (5) qualified voters of the district

each to serve for a term of three (3) years; a finance committee to consist of three (3) qualified

voters of the district each to serve for a staggered term of three (3) years; and a fire chief, first

assistant fire chide, second assistant fire chief, and two (2) members-at-large of the fire

department, each to serve for a term of one year. Park commissioners and finance committee

members serving unexpired terms as of the next succeeding annual meeting after the passage of

this act shall remain in office until the expiration of their respective terms.

     All of the foregoing officers shall hold their offices until the expiration of their terms and

until their successors have been elected and qualified. The voters may authorize the employment

of assistants to any of the district officers, engineers and assistant engineers, and may elect such

other officers, committees, commissions and boards, as may be necessary in the conduct of the

affairs of the district.

     Sec. 13. Whenever a vacancy shall occur in any office by death, removal out of the

district, resignation, or by neglect or refusal to qualify, or for any other cause, a meeting of the

district council of said district may be called by any member thereof then in office, and at such

meeting a qualified voter shall be appointed to fill the vacancy and exercise all the powers of the

office until the next annual district meeting. Three members of the council shall constitute a

quorum. Notice of the time and place of such meeting shall be given by the member calling the

meeting by mailing written notice of the same at least 5 days prior to such meeting to each of the

members of the council.

      Sec. 27. The moderator, the deputy moderator, the treasurer, the chairman of the park

commission, the chairman of the finance committee, the members at-large of the district council

and the chairman of fire wards chief, shall constitute a district council, which shall be the governing

body of the district, and the district clerk shall be clerk of such council. The district council shall

make all decisions regarding the governance, administration and operation of the district not required

to be made by the qualified voters at an annual, special or adjourned meeting of the district, or by the

park commission, the finance committee, or the officers of the fire department.

      It shall also be the duty of the district council (a) to supervise and coordinate the activities of all

of the officers, commissions and committees of the district; (b) to fill vacancies in offices as provided

in section 13 of this act; (c) to prepare, or have prepared, ordinances relative to the district and its

activities and present same to either the annual or special meeting of the district for action thereof; and

(d) to develop for, and present to, the annual or a special meeting called for the purpose, plans for the

improvement and development of the district. The council shall meet at the call of the moderator or

five (5) members of the council on two (2) days prior notice given by the district clerk or less in the

event of an emergency. Five (5) members shall constitute a quorum for the transaction of business at a

meeting of the council. All actions of the council shall be taken by majority vote of council members in

attendance at the meeting. All meetings will be chaired by the moderator or, in the absence of the

moderator, the deputy moderator.

     Sec. 28. The fire chief, first assistant fire chief, second assistant fire chief and two (2)

members-at-large of the Watch Hill fire department shall be qualified voters of the district and,

subject to district council approval, shall be responsible for The board of fire wards shall have the

care, management and control of all property and equipment owned by the district which is used

for the prevention or extinguishment of fires, and shall have supervision and control of all officers

and others appointed or engaged in the prevention or extinguishment of fires.

     Sec. 29. The park commissioners shall have be responsible for the care, management and

control of all property owned by the district not specifically delegated herein, subject to any

ordinances, by-laws and regulations which the district may make with respect thereto. other than

property used for the prevention or extinguishment of fires and of any such property hereafter

acquired; negotiating, subject to approval of the district council and the voters of the district, the

purchase of land and buildings; the construction, maintenance and operation of buildings, piers,

walks, driveways, parks, bathhouses and parking facilities; and negotiating, subject to approval of

the district council, the leasing of lands, buildings, bathhouses, piers, and parking facilities, on

behalf of the district. The park commission shall elect a chairman from among its members. If a

vacancy shall exist on said commission the district council of said district shall by appointment

fill such vacancy.

     SECTION 2. This act shall take effect upon passage and thereupon all other acts or parts

of acts inconsistent herewith shall be repealed.

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LC00688

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