2013 -- H 5210

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LC00744

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

IN AMENDMENT OF AN ACT PASSED AT THE JANUARY SESSION A.D. 1942

ENTITLED "AN ACT TO INCORPORATE THE WESTERN COVENTRY FIRE DISTRICT"

     Introduced By: Representatives Chippendale, Costa, Serpa, Nunes, and Tomasso

     Date Introduced: January 30, 2013

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. An Act Passed at the January Session A.D. 1942 entitled “An Act to

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Incorporate the Western Coventry Fire District”, as from time to time amended, is hereby further

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amended to read as follows:

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      Section 1. All that part of the Town of Coventry lying west of the following boundary is

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hereby incorporated into a district District to be called "Western Coventry Fire District." Said

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boundary line is as follows:

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     Commencing at a point on the Coventry-West Greenwich town line six hundred (600)

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feet easterly from the intersection of said town line with Weaver Hill Road, socalled; thence

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running in a general northerly direction in a line which at all times is six hundred (600) feet

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easterly from and parallel with said Weaver Hill Road to Harkney Hill Road, so-called; thence

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continuing in a general northerly direction in a line which at all times is six hundred (600) feet

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easterly from and parallel with the highway, however called, which leads from the intersection of

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said Weaver Hill Road and said Harkney Hill Road to Rhode Island state highway Route No. 117

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as shown on the road map of the State of Rhode Island issued by the Department of Public Works

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in 1941, to a point six hundred (600) feet southerly from said route No. 117; thence turning and

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running in a general northeasterly direction in a line which at all times is six hundred (600) feet

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easterly from the point where County Road or Hammet Road, whichever called, if extended,

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would intersect this boundary line; thence turning and running northerly in a line which at all

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times is six hundred (600) feet easterly from and parallel with said County or Hammet Road so

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extended, and said County to a point on the Potterville or Maple Valley Road, socalled, which

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point is 900 feet, more or less, easterly from the Potterville or Maple Valley School, socalled;

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thence continuing in a general northerly direction in a line which at all times is six hundred (600)

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feet easterly from and parallel with the Nipmuc Trail, socalled; to the Scituate Coventry town

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line.

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     Said district District may have a common seal, sue and be sued, and enjoy all the other

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powers generally incident to corporation.

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     Section 2. Every resident of said district District, who, at the time he they offers offer

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himself themself to vote at a meeting of said corporation Corporation, would be entitled to vote at

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a financial town meeting of the said town Town of Coventry if it were then being held, shall have

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a right to vote at said meeting of the corporation Corporation. Every person qualified to vote as

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aforesaid shall vote in person.

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     Section 3. The first meeting of said fire district shall be held within sixty days after

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passage of this act at such time and place in the village of Greene as the town clerk of the Town

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of Coventry shall determine. The annual Annual meeting Meeting of said fire the district District

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for the election of officers District Officials and Board of Directors and the transaction of any

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other business of said fire the district District shall be held on the first Monday of April

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commencing in 1943 and annually thereafter. Twenty qualified Qualified voters Voters shall

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constitute a quorum for the transaction of business at the Annual or any Special meeting Meeting

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of the said corporation Corporation.

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     Section 4. The Western Coventry Fire District shall be governed by a Board of Directors,

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consisting of five (5) Qualified Voters who shall be elected at an Annual Meeting of the District

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and shall serve for a term of three (3) years. The terms of such Directors shall be staggered. The

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Board of Directors shall have the authority and responsibility of:

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     4.1 Presenting the annual budget for the District at each Annual Meeting.

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     4.2 Establishing the annual property tax rate.

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     4.3 Establishing By-Laws, rules and regulations for the operation and conduct of the

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District and ensuring compliance with these and all applicable State and Federal rules and

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regulations.

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     4.4 Ensuring that the Department establishes rules and regulations for the operation and

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conduct of the Department and ensuring that the Chief maintains compliance therewith.

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     4.5 Establishing procedures for filling vacancies on the Board of Directors and District

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Officials that occur between Annual Meetings while maintaining the staggered terms.

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     4.6 Selecting and appointing the Chief of the Department. Said qualifies voters at each

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annual meeting, or at any other meeting when vacancies occur, may elect officers to serve for one

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year, or until the next annual meeting, and until others be chosen in the place and stead of such

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elected officers.

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     Section 5. At a District Annual Meeting, Said said Qualified Voters may elect District

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officers Officials to serve for three (3) years. Said District Officials so to be elected shall consist

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of a moderator Moderator, clerk Clerk, treasurer Treasurer and a tax Tax collector

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Collector/assessor of taxes, whose duties and powers in said district District shall be such as like

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officers of towns in this state have in their respective towns and as defined by the District By-

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Laws. Such qualified voters may elect fire wardens, engineers, assistant engineers and such other

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officers and committees, and with such powers, as such voters may designate. (Amended 1996.

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1942 to 1996 “three Assessors of taxes” In 1996 this was changed to collector/assessor.)

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     Section 5 6. Special meetings Meetings of said fire the district District may be held

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which, as well as with the annual Annual meeting Meeting of said fire the district District, shall

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be warned in such manner as the said corporation Corporation shall be by-laws By-Laws

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prescribed prescribe; and it shall be the duty of the clerk Clerk of said fire the district District to

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call a special Special meeting Meeting upon written application signed by twenty of the Qualified

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Voters taxpayers of the said fire district District entitled to vote in any regular meeting of said fire

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the district District but no matter shall be acted upon at said fire the Special district District

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Meeting unless mention be made thereof in the warrant issued for the call of said meeting. The

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Special Meeting must be held within thirty (30) days of receipt of the written application.

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     Section 6 7. Said fire The district District may raise money by tax on the real estate and

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tangible personal property within said fire the district District, for the purchasing and procuring of

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implements and apparatus for the extinguishment of fires, for the providing of Emergency

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Medical Services and related District operating expenses. for the purpose of introducing and

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supplying the inhabitants of said district with water for fire protection and all necessary porposes

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In addition, the money may be for the purchase of land within or outside of said fire district and

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the erection of buildings;, for the use of said fire the district District, on any such land; for the

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payment for services or and such other vitally necessary services as the Qualified Voters

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taxpayers may determine at a duly called meeting; provided, however, that the tax assessed and

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payable in any one twelve-month period under the provisions of this section shall not exceed

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eighty cents on each hundred dollars of the valuation as fixed in accordance with the provisions

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of Section 78 of this act.

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     Section 78. The tax assessors Tax Collector of said fire the district District shall assess

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and apportion the taxes levied by said district District on real estate, and the tangible personal

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property if determined to be necessary by the Board of Directors, in said district according to the

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last valuation of said ratable property made by the tax assessors of said Town of Coventry and in

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all cases where the town assessors have included property within the fire district District and

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property without the fire district District in one valuation, the collector assessors of said fire the

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district District shall make an equitable valuation of that portion of the same lying within the said

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fire district District, and in assessing and collecting such taxes such proceedings shall be had by

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the officers of said fire the district District, as near as may be, as are required to be had by

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corresponding officers in town in assessing and collecting town taxes.

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     Section 89. District taxes shall constitute a lienean lien upon the property assessed and if

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not paid when due shall carry an interest penalty of the rate imposed from time to time by vote of

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said corporation Corporation. The fire district District may adopt such reasonable by-laws By-

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Laws with respect to the assessment, collection, and payment of taxes as it deems proper.

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     Section 910. The said fire district District may also borrow money and/or enter into lease

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obligations for the acquisition of fire and rescue related equipment and facilities. Said District

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may also borrow money in the form of Tax Anticipation Notes to fund operating costs. purposes

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above specified and issue its notes or bonds therefore which All such borrowing including lease

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obligations shall be binding upon said fire district the Fire District. The aggregate of all such

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borrowings including lease obligations shall not exceed 0.5 percent of the most recent District

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Assessed Valuation of real estate and tangible personal property at the time of such borrowing. in

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the same manner as town of city notes or bonds are binding upon the city or town issuing them,

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but said district shall not have outstanding at any one time notes or bonds of a face value of more

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than two million dollars ($2,000,000). Amended 6-25-07 House Bill H6486 effective on 6-25-07

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when approved by the governor;) Amended April 6, 1979, House Bill H5694 to the sum of

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$200,000. Amended 04-03-95, House Bill H7032 passed 07-04-95 to the sum of $1,000,000.

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(1942 to 1979 the sum was $50,000. 1979 to 1995 the sum was $200,000.)

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     Section 1011. Said corporation Corporation at any legal meeting shall have power to

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make by-laws By-Laws prescribing the duties of firewards, and other officers, and responsibilities

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of said District Officials, Board of Directors and the Chief and shall have power to make

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Standard Administrative Procedures (SAPs) governing the operation of the District and ensure the

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Chief makes Standard Operating Procedures (SOPs) to define the operations of the Department.

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And the inhabitants of said fire district, in times of conflagration, and for the purpose of enforcing

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obedience to the commands of the firewards, for suppressing disorder and tumult, guarding and

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removing property, or rendering the other service in time of fire; and also for the protection of

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water pipes within said fire district, and for the protection of hydrants, safety valves, water gates,

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hose, electric light wires, poles or other apparatus or property of the district; and for the breach of

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any such by-laws, regulations or ordinances, may provide a penalty not exceeding a fine of

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twenty dollars to be recovered to the use of said fire district, or imprisonment for a term not

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exceeding thirty days, which penalty may be enforced by prosecution on complaint of any officer

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of said fire district, or any state or town officer before the district court of the fourth judicial, and

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in all prosecutions the officer bringing the same shall be exempt from furnishing recognizance or

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surety for costs.

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     Section 12. This act shall take effect upon passage by the Qualified Voters at a Meeting

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of the District and the General Assembly of the State of Rhode Island and Providence Plantations.

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     Section 12. The question of the acceptance or rejection of this act shall be submitted to

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the qualified voters in said district at a meeting which shall be held within sixty (60) days after

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the passage of this act at such time and place in the village of Greene in said Town of Coventry as

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the town clerk of said Coventry shall determine. Said town clerk shall give notice of said time and

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place by posting the same in his office and at least three other public places in said district at least

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ten (10) days prior to said meeting. The town clerk of the Town of Coventry shall prepare a

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voting list of those qualified to vote at said meeting in accordance with the provisions of Section

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2 of this act, shall prepare ballot, shall call the meeting to order and put the question “Shall the act

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of the General Assembly entitled ‘An act to incorporate the Western Coventry Fore District’

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passes at the January session, 1942, be accepted””, each voter shall cast, ballot for or against. If a

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majority of those present qualified to vote, vote in the negative, the clerk shall immediately

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adjourn the meeting and so notify the secretary of state of the result. If the majority of those

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present vote in the affirmative, the clerk shall declare the act accepted and continue to preside

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over said meeting for the election of a moderator and clerk, and upon their election they shall take

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over the conduct of the meeting and said meeting may transact any business which lawfully may

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be transacted by said corporation at any annual meeting.

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     Section 13. Sections 12 and 13 of this act shall take effect upon its passage and the

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remaining sections shall take effect when and if the town clerk of Coventry declares this act

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accepted in accordance with the provisions of said Section 12.

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     Glossary of Defined Terms

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     Annual Meeting – Means a properly called meeting of the Qualified Voters of the

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Western Coventry Fire District.

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     Board of Directors – Means the body of Qualified Voters who are elected at an Annual

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Meeting or appointed by the Moderator to fill a vacancy, with the duties defined in this Charter,

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the By-Laws and the WCFD SAPs.

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     By-Laws – Means the document so named and approved by a majority of the Qualified

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Voters at an Annual or Special Meeting.

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     Charter – Means the encompassing document approved by a majority of the Qualified

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Voters at an Annual or Special Meeting and enacted by the State of Rhode Island and Providence

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Plantations.

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     Chief – Means the individual appointed by the Board of Directors to fill the position,

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Chief of the Western Coventry Fire and Rescue Department, with the duties defined in these By-

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Laws, and the WCFD SAPs and SOPs.

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     Clerk – Means the individual elected to the position of Clerk of the Western Coventry

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Fire District by the Qualified Voters at an Annual Meeting or appointed to fill a vacancy, with the

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duties defined in this Charter, the By-Laws, and the WCFD SAPs.

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     Corporation – Means the incorporated entity otherwise known as the Western Coventry

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Fire District.

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     Department – Means the Western Coventry Fire and Rescue Department.

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     District – Means the geographic area so designated in the Charter of Western Coventry

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Fire District and the incorporated entity named the Western Coventry Fire District.

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     District Meeting – Means any properly called meeting of twenty (20), or more Qualified

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Voters in the District.

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     District Official – Means any individual elected to any position of the District by

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Qualified Voters at a District Meeting, or appointed to fill a vacancy.

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     Moderator – Means the individual elected to the position of Moderator of the Western

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Coventry Fire District by the Qualified Voters at an Annual Meeting, or appointed to fill a

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vacancy, with the duties defined in these By-Laws, the Charter and the WCFD SAPs.

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     Qualified Voters – Means the residents of the District, who, at the time they offer

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themselves to vote at a meeting of the District, would be entitled to vote at a financial town

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meeting of the Town of Coventry if it were being held.

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     Special Meeting – Means the Meeting set forth in Article 2, Section 2.2.

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     Standard Administrative Procedures (SAPs) – Means the collection of administrative

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procedures prepared and approved by the Board of Directors.

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     Standard Operating Procedures (SOPs) – Means the collection of operating procedures

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necessary for the proper operation of the Western Coventry Fire and Rescue Department.

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     Tax Collector – Means the individual elected to the position of Tax Collector of the

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Western Coventry Fire District by the Qualified Voters at an Annual Meeting or appointed to fill

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a vacancy, with the duties defined in this Charter, the By-Laws and the WCFD SAPs.

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     Treasurer – Means the individual elected to the position of Treasurer of the Western

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Coventry Fire District by the Qualified Voters at an Annual Meeting or appointed to fill a

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vacancy, with the duties defined in this Charter, the By-Laws and the WCFD SAPs.

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     Western Coventry Fire and Rescue Department – Has the same meaning as Department.

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     Western Coventry Fire District – Has the same meaning as District.

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     WCFD SAPs – Means the Western Coventry Fire District Standard Administrative

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Procedures.

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     WCFD SOPs – Means the Western Coventry Fire and Rescue Department Standard

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Operating Procedures.

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     SECTION 2. This act shall take effect upon passage.

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LC00744

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

IN AMENDMENT OF AN ACT PASSED AT THE JANUARY SESSION A.D. 1942

ENTITLED "AN ACT TO INCORPORATE THE WESTERN COVENTRY FIRE DISTRICT"

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     This act would ratify a number of changes to the legislative charter of the Western

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Coventry Fire District as approved by the voters of the district on November 15, 2012.

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     This act would take effect upon passage.

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LC00744

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