2013 -- S 0958 SUBSTITUTE A

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LC02310/SUB A/2

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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

RELATING TO THE CONSOLIDATION OF THE CUMBERLAND, NORTH

CUMBERLAND, CUMBERLAND HILL, AND VALLEY FALLS FIRE DISTRICTS INTO

THE CUMBERLAND FIRE DISTRICT

     Introduced By: Senators Pearson, and Picard

     Date Introduced: May 22, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. The Cumberland, North Cumberland, Cumberland Hill, and Valley Falls

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Fire Districts are hereby merged and consolidated into the Cumberland Fire District in the manner

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and form as follows:

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     Section 1. Name And Jurisdiction

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     This consolidated fire district shall be known as the Cumberland Fire District and shall

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have jurisdiction over the entire town of Cumberland. The Cumberland Fire District shall acquire

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the property, assets and personnel of the Cumberland, North Cumberland, Cumberland Hill, and

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Valley Falls Fire Districts. The action of consolidating the existing districts into one independent

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district is done so in accordance with a referendum approved by the qualified voters of the Town

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of Cumberland by a vote of 10,033 in favor and 2,544 opposed which took place on November 2,

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2010 and by a resolution adopted by the Cumberland Town Council on May 1, 2013.

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     Section 2. Electors

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     All of the taxable inhabitants or qualified electors of the town of Cumberland, eighteen

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(18) years of age or older, shall be members of the distinct and independent entity known as the

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"Cumberland Fire District."

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     Section 3. Governing Body

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     The initial governing body of the consolidated Cumberland Fire District shall be a Fire

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Committee.

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     Beginning no later than November of 2014, with the regularly scheduled general election,

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seven (7) members of the Cumberland Fire Committee shall be elected. Each of the five (5)

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council districts shall elect one member, with two (2) members being elected from the town at

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large. It shall be a non-partisan election for a two (2) year term. The winning candidates shall be

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sworn in immediately after the election results are certified. Any vacancy in the membership of

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the Committee shall be filled by written ballot of a majority of all the members of the Town

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Council for the remainder of the term of office, provided that the person selected to fill said

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vacancy shall be a qualified elector from that district. A vacancy in said membership of the

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Committee shall occur if a member dies, resigns from office, ceases to be a resident and/or elector

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of the district in which elected, or shall be absent for four (4) consecutive regular meetings or six

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(6) regular meetings within a twelve (12) month period unless said absence(s) are excused by a

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majority vote of the whole Committee. Any and all elections, provided for under this act, shall be

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administered by the state board of elections and the town of Cumberland board of canvassers.

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     Section 4. Bylaws

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     The Committee may adopt bylaws they deem necessary and expedient for carrying out

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the provisions of this act, provided that they are not in violation of or repugnant to the laws of this

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state. The Committee may change any provision of the bylaws at any regular or special meeting,

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provided the proposed change has been noticed on the agenda of the meeting.

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     Section 5. Authorization To Borrow Funds

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     The Cumberland Fire District is hereby authorized and empowered to borrow from time

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to time such sums of money as may be necessary, provided, however, that no bonded

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indebtedness may be incurred pledging the credit of the District in excess of one hundred

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thousand dollars ($100,000) total in any one fiscal year unless approved by a majority of the

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electors voting thereon at a general or special election; provided however, that this limit shall not

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apply to borrowing in anticipation of tax receipts, or receipts of federal or state grant monies, up

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to the limits set therefor and under the conditions specified in state law, for the purpose of

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procuring real and personal estate, the construction and maintenance of buildings, the procuring

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of fire and water apparatus, for the payment of any legal indebtedness of said district, or for the

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purpose of purchasing or procuring any other property, real or personal, that may be legally

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acquired and held by said district and for the purpose of carrying into effect the objects for which

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said district is incorporated. At no time shall the accumulated debt of the district exceed one half

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of its' annual operating budget.

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     Section 6. Preservation Of Rights Under Existing Labor Contracts

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     In accordance with the provisions of Section 19.1 of Chapter 7, Title 28 of the Rhode

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Island General Laws, this act of consolidation shall not impair the provisions of any existing labor

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contracts for persons employed by any of the individual fire districts. Notwithstanding this

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consolidation, the labor contracts shall continue in full force and effect until their termination

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dates or until otherwise agreed by the parties or their legal successors.

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     All employees of the Cumberland, Cumberland Hill, North Cumberland and Valley Falls

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Fire Districts who are so employed by said districts as of the date of the enactment of this Act,

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shall become employees of the Cumberland Fire District, and shall retain all accumulated rank,

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benefits and other rights of employment as existed with the several districts without any action by

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the Committee of the Cumberland Fire District. Nothing contained herein shall prevent the

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Committee from reducing or eliminating non-contractual positions.

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     The Collective Bargaining Agreements and all other binding commitments and

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agreements entered into between the Cumberland, Cumberland Hill, North Cumberland and

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Valley Falls Fire Districts and the Cumberland (IAFF Local 4114), Cumberland Hill (IAFF Local

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2762), North Cumberland (IAFF Local 2722) and Valley Falls (IAFF Local 2729) Fire Fighters

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Associations, and any retired members, in effect on the date of enactment of this Act, shall

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remain in full force and effect and shall be treated from that point forward as entered into

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between the Cumberland Fire District and the Cumberland (IAFF Local 4114), Cumberland Hill

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(IAFF Local 2762), North Cumberland (IAFF Local 2722) and Valley Falls (IAFF Local 2729)

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Fire Fighters Associations.

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     Section 7. Taxes And Tax Collector

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     The Committee shall have power to impose taxes, and provide for assessing and

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collecting the same, on the taxable inhabitants or property in said district, as they shall deem

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necessary for purchasing and procuring real estate, and buildings, implements, apparatus and

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other equipment, and for the payment of the current expenses of said district, the payment of such

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fire force as they may deem necessary for the protection of the inhabitants of said district from

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fires and for the preservation of the public peace therein and also for the payment of any

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indebtedness that has been or may be incurred by said district. The Committee and the District

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shall be subject to, and bound by, Section 44-5-2 ("maximum levy") of the general laws as if they

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were a city or town. Such taxes so ordered shall be assessed by the assessors of said district on the

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taxable inhabitants or property therein according to the last valuation made by the assessor of the

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town next previous to said assessment, adding, however, any taxable property which may have

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been omitted by said town assessors or which may have been since acquired. In the assessing and

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collecting of said taxes such proceedings shall be had by the officers of said district as near as

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may be, as are required to be had by the corresponding officers of towns in this state in assessing

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and collecting town taxes. The collector of taxes for the town, by a mutual agreement between the

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District and the Town Council of the Town of Cumberland, may provide assistance in the

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collection of the taxes for said district, including, but not limited to, arranging for the fire tax bill

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to appear on the same bill as the town tax bill. Any and all funds collected by the Town on behalf

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of the District shall be separately held and accounted for and be held for the exclusive use of the

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fire district. The collector of taxes for said district shall, for the purpose of collecting taxes

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assessed for said district, have the same powers and authorities as are now by law conferred upon

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collectors of taxes for the towns in this state. Said district may provide for such deduction from

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the tax assessed against any person if paid by an appointed time or for such penalty by way of

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percentage on the tax if not paid at an appointed time, as they shall deem necessary to insure

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punctual payments.

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     Section 8. Corporate Status

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     This newly consolidated Cumberland Fire District shall have the right to enter into

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contracts, to sue and to be sued, and to perform all the functions of a corporation and shall have

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all general corporate powers permitted by law in accordance with section 7-1.1-4, as amended.

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The Cumberland Fire District shall possess all the rights, privileges, immunities, and franchises,

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as well of a public or of a private nature, of the Cumberland, North Cumberland, Cumberland

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Hill, and Valley Falls Fire Districts; and all property, real, personal and mixed, and all debts due

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on whatever account, including outstanding taxes, and all other causes in action, and all and every

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other interest of or belonging to or due to the Cumberland, North Cumberland, Cumberland Hill,

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and Valley Falls Fire Districts (herein consolidated), shall be taken and deemed to be transferred

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to and vested in the Cumberland Fire Districts without further act or deed; and the title to any real

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estate, or any interest therein, vested in the Cumberland, North Cumberland, Cumberland Hill,

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and Valley Falls Fire Districts shall not revert or be in any way impaired by reason of this

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consolidation.

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     Section 9. Management

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     The management of the Cumberland, North Cumberland, Cumberland Hill, and Valley

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Falls Fire Districts shall be assumed by the Cumberland Fire Committee. The Committee shall

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assume and have all the powers and duties of the Board of Fire Commissioners for each of the

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four (4) existing fire districts and to the extent that this contravenes the existing public laws

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relating to each of the four (4) existing fire districts, this act shall control and supersede said prior

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acts.

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     During the first year, following the election of the Committee, in November, 2014, the

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Committee shall manage and oversee the four (4) existing budgets of each of the consolidated fire

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districts, provided, however, that during the budget cycle for the fiscal year beginning on July 1,

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2015, the Committee shall adopt one budget and one tax rate for the unified district. In all

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subsequent fiscal years the Committee shall have the power to adopt an annual operating budget.

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The Committee shall make provision for no less than two (2) public hearings thereon, to be held

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on separate days, and to be concluded no later than the first Monday in June. Notice of said

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hearings shall be advertised on at least three (3) separate days in a newspaper or newspapers of

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general circulation in the Town, the final such advertisement to appear no less than five (5) days

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prior to the first hearing date. In adopting the final budget, the Committee shall take two (2)

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separate votes thereon, the second of which shall be taken no less than forty-eight (48) hours

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following the first. The Committee shall have completed action on the final budget no later than

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the second Monday in June. Any amendment proposed to the annual budget following its

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adoption shall specify the source of any funds sought to be appropriated over and above the total

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in the budget as originally adopted, and shall be considered by the Committee under the following

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procedure: A budget amendment showing the proposed changes in the affected line items shall be

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presented to the Committee and shall be referred to a subsequent regular or special meeting for

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action on its adoption. The Committee shall make provision for two (2) public hearings thereon,

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to be held on separate days. The second such hearing may be on the date the Committee shall

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consider adoption of the budget amendment. Notice of the said hearings shall be advertised on at

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least three (3) separate days in a newspaper or newspapers of general circulation in the Town, the

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final such advertisement to appear no less than ten (10) days prior to the first hearing date. The

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Committee shall also cause to be published in a newspaper or newspapers of general circulation

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in the Town a summary of major expenditure and revenue categories appearing in the budget

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amendment, compared to current authorized expenditures and revenues, said publication is to

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appear no less than ten (10) days prior to the first public hearing.

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     Any item or items in the District budget as finally adopted are subject to referendum of

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the electors of the District in the following manner:

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     (a) Any elector of the District may circulate a petition for the holding of a referendum on

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such item or items of authorized expenditure provided for in the budget as shall be specifically

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identified in said petition together with the proposed amount of increase or decrease thereof. Such

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petition may call for the elimination of an item of expenditure in its entirety, or the insertion of a

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new item. Any such petition must be filed with the Town Clerk no later than fourteen (14)

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calendar days following the final adoption of the budget.

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     (b) The Town Clerk shall transmit any such petition received by him or her to the

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Canvassing Authority which shall verify the signatures thereon forthwith. If the petition shall be

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certified by the Canvassers to contain the valid signatures of at least four percent (4%) of the

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electors then registered in the Town, it shall be returned to the Town Clerk.

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     (c) Upon receipt of such certification from the Canvassing Authority, the Town Clerk

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shall set a date for the holding of a referendum by the electors of the Town on the items specified

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in the petition, such referendum to take place no later than the third Tuesday following receipt of

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such certification.

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     (d) Upon the certification of any such petition for a referendum by the Canvassing

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Authority pursuant to subparagraph (b) of this Section, if such petition calls for the reduction or

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elimination of an item or items in the budget as approved, no expenditures shall be made from

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said item or items, nor shall any of the funds therefrom be obligated, until the referendum thereon

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has been held and the issue resolved; provided, however, that the Committee may continue to

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spend and/or obligate funds until the referendum is held and the issue resolved, so long as the rate

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of expenditure and/or obligation does not exceed that of the previous year during the same period

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of time.

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     Any and all funds acquired by the Cumberland Fire District hereunder which at the time

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of the passage of this Act are held by the Cumberland, North Cumberland, Cumberland Hill, and

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Valley Falls Fire Districts in accounts restricted by prior voter approval, testamentary bequest or

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state law (including, but not limited to, the Rhode Island Development Impact Fee Act, R.I.G.L.

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§45-22.4-1 et seq.) shall be held, used or applied, spent, expended and administered by the

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Cumberland Fire District in accordance with the restrictions imposed thereon until the funds have

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been exhausted.

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     Section 10. Existing Boards Of Commissioners

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     The existing boards of commissioners for the Cumberland, North Cumberland,

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Cumberland Hill, and Valley Falls Fire Districts as created by the General Assembly shall be

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dissolved, upon the swearing in of the Cumberland Fire Committee, and all of their powers and

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duties shall pass to the Cumberland Fire Committee not inconsistent with this act. No labor

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contracts shall be entered into or extended beyond June 30, 2015, until the swearing in of the

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newly elected Fire Committee. The existing boards of commissioners for the Cumberland, North

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Cumberland, Cumberland Hill, and Valley Falls Fire Districts shall not approve or adopt a budget

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that extends beyond June 30, 2015.

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     The existing boards of commissioners for the Cumberland, North Cumberland,

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Cumberland Hill, and Valley Falls Fire Districts are hereby empowered and authorized to appoint

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a transitional committee to assist in the transition to a consolidated fire district. Said transitional

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committee may make recommendations to the four (4) existing boards of fire commissioners and

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may be empowered by resolution of the existing boards of commissioners to act on their behalf

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on matters relating to this consolidation.

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     SECTION 2. The Cumberland Town Council shall have the authority, in accordance with

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the vote of the electors at the general election of November 2, 2010, to implement this

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consolidation plan through arranging for the election and appropriating such municipal funds and

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resources necessary to carry out the implementation of this act.

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     SECTION 3. Sections 2, 3 and 10 of Section 1 and Sections 2 and 3 of this act shall take

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effect upon passage. The remaining sections of this act shall take effect upon the election of the

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Cumberland Fire Committee. Should any part of this act contravene or be inconsistent with any

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terms or provisions of the Public Laws which created and/or amended the charters of the

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Cumberland, North Cumberland, Cumberland Hill, and Valley Falls Fire Districts, the provisions

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of this act shall control.

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LC02310/SUB A/2

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