11-LA099
2011 -- H 6111
Enacted 06/20/11
A N A C T
IN AMENDMENT OF
AN ACT ENTITLED "AN ACT TO INCORPORATE THE HARMONY FIRE DISTRICT"
PASSED AT THE JANUARY SESSION OF THE GENERAL ASSEMBLY, A.D. 1945, AS AMENDED
Introduced By: Representatives Keable, Winfield, and Chippendale
Date Introduced: May 04, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 2,3,4,5,6,7,8,9,10,12
and 14 of "An Act to Incorporate the
Harmony Fire District"
passed at the January Session of the General Assembly, A.D. 1945, as
amended, is hereby amended to read as follows:
SECTION 2. The taxable inhabitants of said district,
qualified to vote in town affairs on
propositions to impose taxes for the expenditure of money, shall
be eligible to vote and act in all
meetings of the corporation district. At all
annual and special meetings of the corporation district,
seven five qualified electors shall constitute a
quorum.
SECTION 3. The annual meeting of said district shall be held
on the third Monday first
Saturday in October June of each year. The first meeting of said district shall be held
within sixty
(60) days
after the passage of this act, in the town of
district, and may be called by any one or more of the
qualified voters of said district. All persons
possessing the qualifications set forth in section 2 of this act
shall be entitled to vote at said
meeting, on the proposition "Shall the Harmony Fire
District be established according to the act
of incorporation passed by the General Assembly of the
State?" If a majority of the persons so
voting shall vote "No" then this act shall become
null and void.
SECTION 4. The qualified voters of the district at each annual
meeting, and at any other
meeting when vacancies occur, may elect officers to serve one year, or until the
next annual
meeting and until others may be chosen in their stead; which officers shall consist of a moderator,
clerk, and
treasurer, and three (3) assessors, whose duties and powers
within said district shall be
such as like officers of towns in this state have in their
respective towns. They may also elect fire
wardens and any other needed officers. Commencing in the year 1987 or as soon as possible
thereafter as practicable, the executive committee of the
district at any meeting, may appoint a
collector of taxes to take the place of the previously elected
collector of taxes, who shall serve
two (2) years, or until the next annual meeting and until
a person may be appointed by the
executive committee in his stead whose duties and powers within said district shall be
such as like
officers of towns in this state have in their respective
towns. Commencing in the year 2010 or as
soon as possible thereafter as practicable, the executive
committee of the district, at any meeting,
may appoint a district clerk/secretary to take the place
of the previously elected clerk, whose
duties and powers within said district shall be such as like
officers of towns in this state have in
their respective towns.
SECTION 5. The qualified voters of the district, at any of
their legal meetings, shall have
power to order such taxes and provide for assessing and
collecting the same, on any or all, as they
shall determine, of the following classes of taxable
property in said district; (1) land, (2) buildings
and improvements, and (3) tangible personal
property, and (4) motor vehicles and trailers, in
accordance with R.I.G.L. section 44-34-1, et. seq.
and as the same may be amended from time to
time, as they
shall deem necessary for purchasing and procuring real estate, buildings,
implements and apparatus, and a supply of water for the
extinguishment of fire; for the purpose of
furnishing and distributing water, light, and electric
power throughout the district and beyond in
the town of Glocester, and for
operating and maintaining any works established for the purposes
aforesaid; for the payment of the current expenses of the
district; the payment of such police force
as they may seem necessary for the protection of the
property of the inhabitants of the district
from fires and preservation of the public peace; also for the payment of any indebtedness that has
been or may be incurred by the district; and such taxes so
ordered shall be assessed by the
assessors of said district according to the last valuation made by assessors of the town of
Glocester next previous to said assessment, adding, however,
any taxable property which may
have been omitted by said town assessors or after
acquired, can be billed upon discovery; and in
all cases where the town assessors have included property
within the district in one valuation,. the
assessors of the district They shall make an equitable valuation of that portion of the
same lying
within the district; and in the assessing and collecting of
said taxes such proceedings shall be had
by the officers of the said district, as near as may be,
as are required to be had by the
corresponding officers of towns in assessing and collecting town
taxes; and the collector of taxes
for said district shall, for the purpose of collecting
taxes assessed by said district have the same
powers and authority as are now by law conferred on collectors
of taxes for towns in this state.
Said district may impose
a provide for such deduction from the tax assessed against any person if
paid by an appointed time, or for such penalty by way of percentage on the tax if not paid
at the
appointed time, not exceeding twenty percent per annum, as they
shall deem necessary to insure
punctual payment; provided, however, that the tax assessed and
payable in any one year under the
provisions of this section, shall be unlimited on not
exceed the maximum allowed by law for each
dollar of said valuation. Said district may establish
special funds in which tax revenues may be
set aside for future equipment purchases.
SECTION 6. Said fire districts may also borrow money from
time to time for the purpose
herein specified and issue its notes or bonds therefor which shall be binding upon said district in
the same manner as town or city notes or bonds are
binding upon the city or town issuing them,
but said district shall not have outstanding at any one
time notes or bonds of a face value of more
than three percent of the total valuation of said fire
district. R.I.G.L. section 45-12-2.
SECTION 7. Said district at any legal meeting shall have the
power to enact by-laws
prescribing the duties of fire wardens, and of inhabitants of
said district in time of configuration
conflagration and for the purpose of enforcing the commands of the
fire wardens, for suppressing
disorder and tumult, guarding or removing property or
rendering other service in time of fire, and
also the protection of the water pipes, hydrants, safety
valves, water gates, hose or other apparatus
or property of said district; and for breach of any such
by-laws may provide a penalty not
exceeding a fine of $20.00 $1,000 and/or cost of repair/replacement,
to be recovered for the use
of said district, or imprisonment for a term not
exceeding 30 days, which penalty may be enforced
by prosecution on complaint of any member of said
board of fire wardens the executive
committee or a designee thereof before any court of competent jurisdiction.
SECTION 8. The fire wardens appointed by said
district may order in time of fire such
buildings to be pulled down or blown up as they may judge
necessary to stop the progress of the
fire; and if it shall happen that the pulling down or
blowing up of any such buildings, by direction
aforesaid, shall be the cause of stopping the progress of such
fire, or if the fire stop before it
comes to the same, the owners shall be reasonably paid therefor by a tax on said district, the
amount of which tax will be adjudged by the superior court
for counties of
Bristol, which court is hereby authorized and empowered, on
application to them made by the
owners of property so destroyed, to adjudge as to the amount
necessary and cause the same to be
certified to the district, and such tax shall be assessed and
collected in said district, but no
building in which any fire shall break out or begin shall be
paid for under this provision.
SECTION 9. Said district at any legal meeting shall have the
power to appoint so many
men personnel as they may think needful to be
formed into a an engine hose company or
companies, and also hook and a ladder company or
companies, and a rescue and emergency
medical/ambulance service,
and to make all such laws and regulations for organizing and
establishing the same as they shall deem necessary.
SECTION 10. Said district may hold special meetings, which,
as well as the annual
meeting, shall be notified in such manner as the By-Laws
shall prescribe; and it shall be the duty
of the clerk to call a special meeting on written
application, signed by twenty-five (25) twelve
(12) or more taxpayers of the
district or at the request of the Executive Committee as set forth in
the By-Laws; and whenever the subject of ordering a tax
is to be acted on, the same shall be
mentioned in the notice, unless it be the annual meeting.
SECTION 12. Said district is hereby authorized, in such
manner as may seem necessary
and proper, to contract for and procure light electric
power and water for the purposes specified in
this act.
SECTION 14. This charter may be amended by a majority of
electors present and voting
at any annual or special meeting of the district, provided
notice thereof states that amendment to
the charter shall be considered at such meeting. An
amendment to the charter shall be effective
only upon passage of an act by the general assembly
amending the charter in conformity with
such prior vote of the district.
SECTION 15. This act shall take effect upon passage.
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LC02569
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