act23060

LA 060

2023 -- S 1077
Enacted 06/24/2023

A N A C T

RELATING TO THE CONSOLIDATION OF THE OAKLAND--MAPLEVILLE #4 AND THE NASONVILLE FIRE DISTRICTS INTO THE EAST BURRILLVILLE FIRE DISTRICT

Introduced By: Senator Jessica de la Cruz

Date Introduced: May 25, 2023

It is enacted by the General Assembly as follows:

SECTION 1. The Oakland-Mapleville #4 and the Nasonville Fire Districts are hereby

merged and consolidated into the East Burrillville Fire District in the manner and form as follows:

Section 1. Consolidation; Name; Jurisdiction

All that part of the Town of Burrillville encompassing the villages of Oakland, Mapleville,

Whipples, Gazzaville, Tarkiln, Oak Valley, Nasonville, Mohegan, Mount Pleasant and parts of the

village of Glendale, to include all property of the former Oakland-Mapleville Fire District # 4 and

the Nasonville Fire District as defined and as more specifically described in Section 13 hereof, are

hereby merged and consolidated into a district to be called the "East Burrillville Fire District". Said

district, hereinafter called the District, may have a common seal, sue and be sued and enjoy the

other powers generally incident to corporations. The East Burrillville Fire District, upon

consolidation, shall be vested with title, ownership and control of all property and assets of, and

shall assume all liabilities of, the Oakland-Mapleville #4 and the Nasonville Fire Districts. The

Oakland-Mapleville #4 and the Nasonville Fire Districts shall be hereby dissolved and the charters

are hereby revoked upon said consolidation being approved.

Section 2. Voters.

The inhabitants of the District, qualified to vote in Town of Burrillville affairs on

propositions to impose a tax or for the expenditure of money (thereafter called "Qualified Voters")

shall be eligible to vote and act at all meetings of the District.

Section 3. Meetings.

The annual meeting of the District shall be held on the third Wednesday in September in

each year. The Clerk of the District shall, at least five (5) days before the meeting, give notice of

the same by posting conspicuously in public places within the limits of the District, not less than

three (3) written or printed notices setting forth the time and place of such meeting.

A special meeting may be called by twelve (12) or more of the Qualified Voters of the

District. Such call shall consist of posting in the same manner and for the same time before such

meetings as are the annual meetings. No vote except upon an adjournment or on the election of

officers pro tempore shall be taken at any meeting of the District unless at least twelve (12)

Qualified Voters are present at such meeting. All persons possessing the qualifications set forth in

Section 2 of this act shall be entitled to vote by ballot or otherwise as they determine, at the first

meeting upon the proposition: "Shall the East Burrillville Fire District be established according to

the act of consolidation passed by the general assembly of the State of Rhode Island". If a majority

of the persons so qualified shall vote in the affirmative, the Fire District shall be established

according to the provision of this act. If a majority of the persons so voting shall vote in the

negative, then this act shall become null and void. All meetings of the District shall be in accord

with the Open Meetings Law, chapter 46 of title 42.

Section 4. Governing Body.

The Qualified Voters of the District at each annual meeting, may elect an operating

committee (the “Operating Committee”) to serve staggered terms according to the Bylaws of the

District, until the next annual meeting and until others may be chosen in their stead. The Operating

Committee shall consist of seven (7) members. The Operating Committee shall elect one of its

members to serve as Chairperson of the District which includes the duties incumbent upon any

Chief Executive Officer and shall be the official spokesperson for the District. Any vacancy on the

Operating Committee shall be filled by the next highest vote getter at the prior annual District

meeting. If there is none, or if the one chosen shall decline to serve, the next highest vote getter

will be chosen. If there are none, then the remaining Operating Committee members shall appoint

a Qualified Voter to serve. The Operating Committee, by majority vote, shall appoint operating

officers to include a Clerk, Treasurer, and a Collector of Taxes/Tax Assessor, whose duties and

powers within the District shall be such as like officers of the towns in this state. The Chairperson

shall serve as an ex officio member of all subcommittees of the Operating Committee and shall

vote, as a member of the subcommittees, only when necessary to break a tie. The Operating

Committee shall have full power to manage the affairs and interests of the District. The Operating

Committee shall have responsibility for maintaining, repairing and insuring all property, real and

personal, owned by the District. The Operating Committee shall appoint a Fire Chief. The Fire

Chief shall have general supervision and control of the fire companies and shall serve as liaison

between the Operating Committee and the fire companies. All members of the Operating

Committee shall be residents and Qualified Voters of the District. The Operating Committee may,

at its option, appoint non-residents to the positions of Clerk, Tax Collector/Tax Assessor, Treasurer

and Fire Chief.

Section 5. Taxes.

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 the taxable inhabitants and

property in the District, as they shall deem necessary for purchasing, hiring and otherwise procuring

real estate, buildings, implements and apparatus and a supply of water for the extinguishing of fires;

purchasing, hiring and otherwise procuring equipment for the providing of emergency medical

services; for the payment of the operating expenses of the District; for the preservation of the public

peace; and for the payment of any indebtedness incurred by the District; and such taxes so ordered

shall be assessed by the assessor of the District on the taxable inhabitants and the property therein

according to the last valuation made by the Assessor of the Town next previous to said assessment,

adding, however, any taxable property which have been omitted by said Town Assessor or after

acquired, and in all cases where the Town Assessor has included property within the District and

property without the District in one valuation, the Assessor of the District shall make an equitable

valuation of the portion of the same lying within the District; and in the assessing and collecting of

said taxes such proceeding shall be had by the officers of the District, as near as may be, as are

required to be had by the corresponding officers of Towns in assessing and collection of taxes; and

the collector of taxes for the District shall, for the purpose of collecting taxes assessed by the

District, have the same powers and authority as are now or may hereafter be by law conferred on

collectors of taxes for towns in this state. The District may assess such penalty by way of percentage

on the tax if not paid at the appointed time not to exceed eighteen percent (18%) per annum, as they

shall deem necessary. In addition to any other sums to which it may be entitled in accordance with

this Charter and applicable laws, in any action or proceeding to collect taxes, the District shall be

entitled to collect the reasonable costs of collection including, but not limited to, attorneys' fees.

The Qualified Voters of the District at any of their legal meetings shall have power to order the sale

or purchase of real property and personal property owned by the District.

Section 6. Bylaws.

The Qualified Voters of the District at any legal meeting shall have the power to enact such

bylaws and from time to time to rescind or amend the same by two-thirds (2/3) vote in accordance

with the amendment procedure set forth in the Bylaws as they may deem necessary or proper for

the purposes of this act and not repugnant thereto or inconsistent with any other law; provided that,

no greater penalty shall be inflicted thereby than is provided in this Section 6 and may appoint such

committees as they may deem necessary and may fix the compensation of all officers, agents,

employees and committees of the District. Such Bylaws may further prescribe the duties of the Fire

Chief and of the inhabitants of the District in the time of conflagration, and the method of enforcing

the commands of the Fire Chief, and for the appointment of officers for suppressing disorder and

tumult, guarding or removing property, and rendering other services in time of fire or emergency,

and also for the protection of water pipes, hydrants, safety valves, water gates or other apparatus or

property of or in the District, and for any breach of any Bylaw may provide a penalty not exceeding

a fine of one hundred dollars ($100), to be recovered for the use of the District, or imprisonment

for a term not exceeding thirty (30) days, which penalty may be enforced by prosecution, on

complaint of any officer of the Fire District, before any court of competent jurisdiction. Any such

prosecution must first be authorized and approved by the Operating Committee.

Section 7. Authorization to Form Fire Company.

The Operating Committee of the District at any legal meeting shall have the authority to

appoint, or may direct the Fire Chief to appoint, so many men/women as the Operating Committee

deems necessary and proper to be formed into a Fire Company, and to adopt and approve all such

regulations for organizing, establishing and maintaining the same and the equipment thereof as the

Operating Committee shall see fit.

Section 8. Special Meetings.

The District may hold special meetings, which as well as the annual meeting, shall be held

within the District and notification shall be given of such special meeting in such manner as the

Bylaws and the open meetings laws of the State of Rhode Island shall prescribe; and it shall be the

duty of the Clerk to call a special meeting on written application signed by twelve (12) or more

Qualified Voters of the District; and whenever the subject of ordering a tax or amending the Charter

or Bylaws is to be acted on, the same shall be mentioned in the notice, unless it be the annual

meeting.

Section 9. Scope of Bylaws.

The District may enact all Bylaws by it judged necessary and expedient for carrying the

provisions of the act into effect; provided that, no greater penalty be inflicted thereby then is

prescribed in the Section 6; and provided, further, the same be not in violation of or repugnant to

the laws of this State.

Section 10. Liens.

District taxes shall constitute a lien upon the property assessed and if not paid when due

shall carry an interest penalty at the rate imposed from time to time by vote of the District.

Section 11. Authorization to Borrow Funds.

The District may also borrow money from time to time for the purpose herein specified

and issue bonds or notes therefor which shall be binding upon such District in the same manner as

Town or City notes. All bonds are binding upon the District using them but the District shall not

have outstanding at any time bonds or notes of a face value or more than three percent (3%) of the

total valuation of real estate within the District.

Section 12. Amendments.

This charter may be amended by a vote of at least two-thirds (2/3) of Qualified Voters

present and voting at any annual or special meeting of the District, provided the notice thereof states

that an amendment to the Charter shall be considered at such meeting. An amendment to the Charter

in conformity with such prior vote of the District shall be effective upon approval.

Section 13. Legal Description of the District.

The District shall include:

All that part of the Town of Burrillville enclosed by a line drawn from the point of

beginning at the intersection of Lapham Farm road and Steere Farm road; thence to a point of the

Burrillville and Glocester town line on present Route 102 following the Burrillville and Glocester

town line to Cooper road; thence northerly to the intersection of Tarkiln road and Snake Hill road;

thence north along Snake Hill road to the intersection of Snake Hill road and Barnes road; thence

northeast to the most southeast corner of land now or formerly owned by Gordon and Elsie M.

Robertson (164/012); thence northeasterly to the junction of Victory highway and so-called Hoyle

road; thence northwest along the Nasonville and Glendale boundary line to the center line of Branch

River; thence south westerly along the center line of Branch River to the northerly line of present

Route 102; thence westerly following the northerly line of present Route 102 to the point of

intersection of said northerly line of present Route 102 and the extension of the most westerly

property line of land now or formerly owned by James F. Thibault (129/022); thence northwesterly

along the extension of said property line to the most northwesterly corner of Thibault land; thence

westerly to the most southerly corner of land now or formerly owned by Ross C. and Takeko T.

Burnett (129/013); thence westerly to the most southwesterly corner of land now or formerly owned

by the State of Rhode Island; thence westerly to the most northeasterly corner of land now or

formerly owned by Harry S. Siperstein (144/019); thence westerly along the Siperstein land

approximately one thousand four hundred fifty two feet (1,452') to another corner of the Siperstein

land; thence southwesterly to a point two hundred (200') feet beyond the corner of East avenue and

Whipple avenue; thence southwesterly to the northwest corner of the Sadowski House (178/001);

thence southwesterly to the point of beginning; and further shall include:

All that part of the Town of Burrillville, including the villages of Mohegan, Nasonville,

Mt. Pleasant and Tarkiln, enclosed by a line beginning at a brook on Joslin road, known as the

Joslin brook; thence northwesterly to the Old Schoolhouse at second four corners, so-called, on the

Douglas pike; thence westerly to a point five hundred feet (500') from the Douglas pike; thence

northwesterly in a straight line crossed West Ironstone road, to the Massachusetts state line at a

point five hundred feet (500') westerly from Douglas Pike; thence easterly following the

Massachusetts state line to the North Smithfield town line; thence along the North Smithfield town

line to a point where the towns of Burrillville, Smithfield and Glocester join; thence westerly

following the Glocester town line to the Tarkiln brook; thence northwesterly to the junction of

Tarkiln and Snake Hill roads, continuing northerly following the former Oakland-Mapleville fire

district line to the junction of Snake Hill and Barnes roads, thence northerly in a straight line to

Hoyle road, so-called, on Victory highway, following the boundaries of the Glendale fire district,

approved March 7, 1942; thence northwesterly to a point of beginning on Joslin road.

SECTION 2. This act shall take effect upon passage and subsequent voter approval

whereupon all acts and parts of any acts inconsistent herewith are hereby repealed.

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LC003059

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