2014 -- H 7906

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LC005022

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO THE CREATION OF A NEW FIRE DISTRICT IN THE TOWN OF

COVENTRY TO BE KNOWN AS THE MAIN FIRE DISTRICT

     

     Introduced By: Representatives Morgan, and Chippendale

     Date Introduced: March 11, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. There shall be submitted to the qualified electors of the former Central

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Coventry Fire District for their approval the following binding referendum question: "Shall the

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General Assembly create a new charter establishing the Main Fire District, comprising the same

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geographical boundaries of what was known as the Central Coventry Fire District, the text of

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which proposed Charter is attached as Exhibit A?". Said binding referendum shall be held on

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May 6, 2014, the election shall be conducted by the Town of Coventry Board of Canvassers.

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EXHIBIT A

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     SECTION 2. There is hereby granted, established, incorporated and created within the

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town of Coventry a new charter establishing the Main Fire District in the manner and form as

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follows:

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     Section 1. Jurisdiction and Name. All that part of the town of Coventry lying and being

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within the following lines and bounds:

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

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easterly from the intersection of said town line with Weaver Hill Road, so called; thence

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

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

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

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parallel with an old highway (formerly known as the Williams Crossing Road) which leads from

 

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the intersection of said Weaver Hill Road and said Harkney Hill Road to Rhode Island state

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highway Route 117 to a point six hundred (600) feet southerly from said Route 117; thence

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turning and running in a general northeasterly and easterly direction in a line which at all times is

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six hundred (600) feet southerly from and parallel with said Route 117 to a point six hundred

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(600) feet easterly from the point where County Road or Hammit Road, whichever called, if

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

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at all times is six hundred (600) feet easterly from and parallel with said County Road or Hammit

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Road so extended; and said County or Hammit Road to a point on the Potterville or Maple Valley

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Road, so called which point is nine hundred (900) feet more or less, easterly from the Potterville

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or Maple Valley school so called thence continuing in a general northerly direction in a line

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which at all times is six hundred (600) feet easterly from and parallel with the Nipmuc Trail so

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called, to the Scituate-Coventry town line; (the above line is the eastern boundary of the Western

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Coventry Fire District and was taken from their act of incorporation of 1942); thence turning and

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running easterly on said Scituate-Coventry town line to the northwest corner of lot 116 on AP-30

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of the Town of Coventry records; thence turning and running southerly on a line three hundred

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(300) feet east of and parallel to the east line of Read School House Road until it comes to the

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intersection of said Read School House Road with said Rhode Island state highway, Route 117;

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thence crossing said Route 117 and continuing in a straight line to the north end of the dam on

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Flat River Reservoir; thence running across said dam to the south end of said dam; thence running

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southerly in a straight line to a point on Rhode Island state highway, Route 3, three hundred (300)

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feet west of the intersection of Airport Road with said Route 3; thence continuing southerly in a

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straight line to the intersection of Mishnock River with the West Greenwich-Coventry town line;

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thence turning and running westerly along said town line to the point of beginning. In addition, all

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those parts of the Town of Coventry within the following boundaries of the entities known as the

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Harris Fire & Lighting District and the Tiogue Fire District, and the Washington Lighting

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District, all as further described as follows: and all that land beginning at a stone bound in the

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dividing line between the Towns of Coventry and West Warwick, on the south side of the

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Woodside Avenue (said point being the northeast corner of the Coventry Fire District); thence

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running northerly on said town line to the Cranston city line; thence turning and running westerly

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along the dividing line of the Town of Coventry and the City of Cranston and continuing westerly

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along the dividing line of the Town of Coventry and Scituate to the old New York, New Haven

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and Hartford Railroad right-of-way; thence turning and running in a southerly and easterly

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direction along said railroad to a point two hundred fifty (250) feet west of the west line of Hill

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Street; thence running southerly on a line two hundred fifty (250) feet west of and parallel to the

 

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west side of said Hill Street until it comes to a point on the south line of lot 367 on Coventry

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assessors plat two (2), two hundred fifty (250) feet west of the west line of said Hill Street; thence

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southerly in a straight line to the northeast corner of lot 369 assessors plat 2; thence southerly on

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the east line of said lot 369, to the southeast corner of said lot 369; thence turning and running

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westerly along the south line of said lot 369 to the corner of lot 372 plat 2; thence turning and

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running southerly along the west line of said lot 372 and continuing southerly on the west line of

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lot 265 of assessors plat 3; to the northwest corner of lot 268 plat 3; from now on to the place of

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beginning is the boundary line of the Coventry Fire District; thence turning and running easterly

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along the north line of said lot 268 to the west side of Blackrock Road; thence turning and

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running southerly along the west side of said Blackrock Road to the so-called black rock; thence

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turning and running in a northeasterly direction to the southwest corner of Greenwood Cemetery;

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thence turning and running easterly along the southerly line of said Greenwood Cemetery to

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Fairview Avenue; thence turning and running northeasterly to a point on said Fairview Avenue

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opposite the south side of said Woodside Avenue; thence turning and running easterly along the

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south side of said Woodside Avenue to the place of beginning, all such land formerly known as

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the Harris Fire and Lighting District, and, all that land beginning at a point in the boundary line

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between the Towns of Coventry and West Warwick, eight hundred (800) feet south of the

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southerly line of Tiogue Avenue (Route 3 state highway); thence turning and running westerly,

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bounded northerly by the Coventry Fire District, to the southeast corner of land now or formerly

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of George E. and Olive T. Bockstael, (shown on assessors plat 7, lot 420 of the Town of Coventry

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records); thence turning and running in a northwesterly direction to the Gate House at the outlet

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of Tiogue Reservoir, and continuing along the westerly and southerly banks of the Pawtuxet

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River, until it comes to the eastern boundary line of the Washington Lighting District; thence

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turning and running southerly, bounded westerly by said Washington Lighting District, until it

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comes to the intersection of the center line of Rhode Island state highway, Route 3, and the west

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line of Arnold Road (Arnold Road is referred to in the Washington Lighting District charter as

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Balm of Gilead Road); thence turning and running westerly, bounded northerly by said

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Washington Lighting District, along the center line of Rhode Island state highway, Route 3, until

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it comes to a point one hundred (100) feet east of the northeast corner of land now or formerly of

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Douglas Jackson; thence turning and running in a southerly direction in a direct line to the

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northwest corner of Tiogue Twin Lakes no. 2 plat; thence running to the southeast corner of Lake

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George Plat; thence following along the eastern boundaries of properties now or formerly of Jerry

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Johnson, et ux, Linwood Lace Works and William J. Beattie; thence in a direct line to a stone

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bound in the boundary line between the Towns of Coventry and West Greenwich, this being the

 

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northwest corner of the Town of East Greenwich; thence turning and running easterly on said

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town line, bounded southerly by the Town of East Greenwich, until it comes to a point three

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hundred (300) feet east of the southeasterly line of the New London Turnpike; thence turning and

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running in a northeasterly direction, in a line parallel with and three hundred (300) feet east of the

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southeasterly line of said New London Turnpike, until it comes to the boundary line between the

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Towns of West Warwick and Coventry; thence turning and running northerly on said town line

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until it comes to a point eight hundred (800) feet south of the southerly side of Tiogue Avenue

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and the point of beginning, all such land being previously known as Tiogue Fire District and all

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that land beginning at the northeast abutment of the railroad bridge, called the Knotty Oak

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Bridge, and running northerly to the southeast corner of the Rathbun Cemetery and continuing in

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the same straight line until it comes to the seven (7) and ten (10) line, so called; thence turning

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and running westerly following the seven (7) and ten (10) line until it comes to a point five

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hundred (500) feet east of the east line of Station Street; thence turning and running northerly on

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a line five hundred (500) feet east of and parallel to the east line of Station Street; thence turning

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and running northerly on a line five hundred (500) feet east of and parallel to the east line of

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Station Street, until it comes to a point at the southwest corner of lot 4 as depicted on the Town of

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Coventry 1972 Assessor’s Plat 21, said point being on the southerly line of Record Lot 8 (AP 69,

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Lot 49), as shown on that plat entitled "SUBDIVISION PLAN OF HIGHWOOD SECTION NO.

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4 SITUATED IN COVENTRY, R.I. SCALE: 1" = 50' MAY 31, 1978," which is recorded in the

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Town of Coventry Land Evidence Plat Book 7 at Page 22; thence westerly, bounded northerly by

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a portion of Record Lot 8 (AP 69, Lot 49) and Record Lot 6 (AP 69, Lot 48) as shown on said

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plat, to a point at the southwesterly corner of Record Lot 4 (AP 69, Lot 47) as shown on said plat;

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thence northwesterly, bounded northeasterly by Record Lot 4 (AP 69, Lot 47) as shown on said

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plat, to a point at the southwesterly corner of Record Lot 4 (AP 69, Lot 47) as shown on said plat;

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thence northwesterly, bounded northeasterly by Record Lot 4 (AP 69, Lot 47) as shown on said

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plat, to a point on the southerly line of Highwood Drive at the northwesterly corner of Record Lot

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4 (AP 69, Lot 47) as shown on said plat; thence northwesterly and crossing Highwood Drive to a

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point at the southwesterly corner of Record Lot 3 (AP 69, Lot 25) as shown on said plat; thence

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northwesterly, bounded northeasterly by Record Lot 3 as shown on said plat, to a point at the

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northwesterly corner of Record Lot 3 (AP 69, Lot 25) as shown on said plat; thence

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northeasterly, bounded southeasterly in part by Record Lot 3 (AP 69, Lot 25) and in part by

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Record Lot 5 (AP 69, Lot 24) as shown on said plat, to a point at the southwesterly corner of

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Record Lot 50 (AP 69, Lot 90) as shown on that plat entitled "RECORD PLAN PHASE 3

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Highwood Subdivision A RESIDENTIAL SUBDIVISION LOCATED IN COVENTRY, R.I.

 

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PREPARED BY DiPrete Engineering Associates, Inc. ENGINEERING, SURVEYING AND

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PLANNING CONSULTANTS 75 SOCKANOSSET CROSSROAD, SUITE 300 CRANSTON,

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R.I. 02920 (401) 943-1000 FAX: (401) 464-6006 JULY, 1995 Scale: 1" = 60'," which plan is

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recorded in the Town of Coventry Land Evidence Plat Book 14 at Page 66; thence northeasterly,

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bounded southeasterly by Record Lot 50 (AP 59, Lot 90) as shown on said plat, to a point on the

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southerly line of Ginger Trail at the northwesterly corner of Record Lot 50 (AP 69, Lot 90) as

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shown on said plat; thence northwesterly, crossing Ginger Trail, to a point at the southwesterly

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corner of Record Lot 20 (AP 69, Lot 104) as shown on said plat; thence northwesterly, bounded

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northeasterly in part by Record Lot 20 (AP 69, Lot 104) and crossing Record Lot 68 (AP 69, Lot

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3.11), to a point at the southerly corner of Record Lot 11 (AP 69, Lot 116) as shown on that plat

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entitled "RECORD PLAN PHASE 4 Highwood Subdivision A RESIDENTIAL SUBDIVISION

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LOCATED IN COVENTRY, R.I. PREPARED BY DiPrete Engineering Associates, Inc.

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ENGINEERING, SURVEYING AND PLANNING CONSULTANTS 75 SOCKANOSSET

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CROSSROAD, SUITE 300 CRANSTON, R.I. 02920 (401) 943-1000 FAX: (401) 464-6006

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JULY, 1995 Scale: 1" = 60'." which plan is recorded in the Town of Coventry Land Evidence Plat

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Book 15 at Page 72, thence northeasterly, bounded northwesterly by Record Lot 11 (AP 69, Lot

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116) as shown on said plat, to a point at the northeasterly corner of Record Lot 11 (AP 69, Lot

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116) as shown on said plat; thence southeasterly, bounded northeasterly by (AP 69, Lot 35), to a

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point at the southeasterly corner of (AP 69, Lot 35), said point also being on the existing charter

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line; thence northerly, bounded westerly by (AP 69, Lots 35, 36, 37, 38, 39.01 and 39.02), and

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running on the existing charter line to the northeasterly corner of (AP 69, Lot 39.02); thence

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easterly, bounded northerly by (AP 77, Lots 90 and 89) and running on the existing charter line to

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the southwesterly corner of (AP 70, Lot 35); thence northerly, bounded westerly by (AP 77, Lot

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89), and running on the existing charter line to the northwesterly corner of (AP 70, Lot 35);

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thence northwesterly, crossing OPEN SPACE D (AP 77, Lot 89), as shown on that plat entitled

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"FINAL SUBDIVISION PLAN PHASE 2 A HUNTERS CROSSING COVENTRY, R.I. Scale:

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1" = 80' Date: December 21, 1995 Revision A," which plat is recorded in the Town of Coventry

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Land Evidence Plat Book 13 at Pages 29-31, to the southeasterly corner of Record Lot 42 (AP 77,

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Lot 81) as shown on said plat; thence northwesterly, bounded northeasterly by Record Lot 41 (AP

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77, Lot 82) as shown on said plat, to a point on the southerly line of Hunters Crossing at the

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northwesterly corner of said Record Lot 41 (AP 77, Lot 82); thence northwesterly and crossing

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Hunters Crossing to a point at the southwesterly corner of Record Lot 77 (AP 77, Lot 46) as

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shown on said plat; thence northwesterly, bounded northeasterly by said Record Lot 77 (AP 77,

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Lot 46), to a point at the northwesterly corner of said Record Lot 77 (AP 77, Lot 46); thence

 

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northwesterly, bounded northeasterly by a portion of Record Lot 121, Record Lots 119, 117 and

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crossing a portion of OPEN SPACE lot (a portion of AP 77, Lot 117, AP 77, Lots 116, 115 and

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crossing a portion of AP 77, Lot 174) as shown on that plat entitled "FINAL SUBDIVISION

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PLAN PHASE 3 B HUNTERS CROSSING COVENTRY, R.I. Scale: 1" = 80' Date: December

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29, 1995 Revision A," which plat is recorded in the Town of Coventry Land Evidence Plat Book

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13 at Pages 104-105, to a point at the southwesterly corner of Record Lot 116 (AP 77, Lot 114) as

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shown on said plat; thence northerly, bounded easterly by Record Lot 116, 114, 112 and 110 (AP

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77, Lots 114, 113, 112 and 111) as shown on said plat, to a point at the northwesterly corner of

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Record Lot 110 (AP 77, Lot 111) as shown on said plat; thence easterly, bounded southerly by

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said Record Lot 110 (AP 77, Lot 111), to a point at the southwesterly corner of Record Lot 108

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(AP 77, Lot 110) as shown on said plat; thence northerly, bounded easterly by said Record Lot

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108 (AP 77, Lot 110), to a point on the southerly line of Remington Farm Drive at the

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northwesterly corner of said Record Lot 108 (AP 77, Lot 110); thence northeasterly and crossing

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Remington Farm Drive to the southwesterly corner of Record Lot 106 as shown on said plat (AP

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77, Lot 109); thence northerly, bounded easterly by said Record Lot 106 (AP 77, Lot 109), to a

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point at the northwesterly corner of said Record Lot 106 (AP 77, Lot 109); thence easterly,

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bounded southerly by Record Lots 106, 105 and 103 (AP 77, Lots 109, 108 and 107), to a point at

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the northeasterly corner of said Record Lot 103 (AP 77, Lot 107); thence easterly, bounded

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southerly by Record Lots 101, 99 and 98 (AP 77, Lots 106, 105 and 104), to a point at the

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northeasterly corner of said Record Lot 98 (AP 77, Lot 104) as shown on that plat entitled

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"FINAL SUBDIVISION PLAN PHASE 3 A HUNTERS CROSSING COVENTRY, R.I. Scale:

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1" = 80' Date: December 29, 1995 Revision A," which is recorded in the Town of Coventry Plat

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Book 13 at Page 103; thence northwesterly, crossing Record Lot OPEN SPACE L(a) (AP 78, Lot

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6.7) as shown on said plat, to a point at the southeasterly corner of land now or formerly of

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Everett and Susie Kingsborough shown as Lot 12.1 on the Town of Coventry Assessor’s Plat 85;

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thence northeasterly to the existing charter line between the Coventry Fire District and the

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Washington Lighting District at the northeasterly corner of Lot 28 as depicted on the 1972

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Assessor’s Plat 20; thence northerly along Lot 6 Plat 20 to the corner of Lots 6 and 3 Plat 20,

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thence in a straight line to the northeast corner of Lot 36 Plat 20 and the southwest corner of Lot

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13 Plat 19; northerly along the east line of Lot 1 Plat 19 to the northwest corner of Lot 25 Plat 19

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at Scituate town line; turning westerly along said Scituate town line to a point three hundred (300)

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feet east of Read School House Road; turning southerly along a line three hundred (300) feet east

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of and parallel to Read School House Road, crossing Route 117 and continuing to the north end

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of the dam of the Flat River Reservoir; thence running southerly across the dam to the south end

 

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of said dam; thence running southerly in a straight line to a point on state highway, Route 3, three

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hundred (300) feet west of the intersection of Reservoir Road and said Route 3; thence crossing

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said Route 3 and running southerly in a straight line to a point five hundred (500) feet south of the

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south line of said Route 3; thence turning and running easterly on a line five hundred (500) feet

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south of and parallel to the south line of said Route 3 until it comes to the westerly boundary of

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the former Tiogue Lighting District; thence northerly along the western boundary line of said

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former Tiogue Lighting District until it comes to the southern line of Route 3; thence turning and

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running in a northeasterly direction, crossing Route 3, to the northeast corner of said Route 3 and

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Hopkins Hill Road; thence easterly in a straight line to the intersection of said Route 3 and

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Arnold Road; thence turning and running northerly in a straight line, across the Pawtuxet River,

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to the northeast abutment of the railroad bridge and the point of beginning, all such land being

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previously known as the Washington Lighting District is hereby incorporated into a district to be

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called the Coventry Main Fire District. Said district may have a common seal, sue and be sued,

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and enjoy the other powers generally incident to a corporation.

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     Section 2. Qualified Voters. The inhabitants of said district who are qualified voters in

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the town of Coventry shall be eligible to vote and act in meetings of the corporation.

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     Section 3. First District Meeting And Annual Meetings Of The Main Fire District.

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     (a) 2014 - First meeting: Commencing in the year 2014, a special meeting of the District

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shall be held within sixty (60) days of the enactment of this charter. Upon passage of this act and

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until the first District Meeting, the Board of Directors shall be those Board members of the

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Central Coventry Fire District, elected in 2013 in the receivership proceedings captioned as

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Bouchard v. Central Coventry Fire District, K.B. 12-1150, and shall adopt the initial by-laws for

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the Main Fire District. This Board shall serve until the first annual meeting of 2015.

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     (b) Annual Meetings & Quorum: Annual meetings of said fire district for the election of

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officers and the transaction of any other business of the fire district shall be held. In addition, the

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electors at the annual meeting shall adopt a budget for the next fiscal year commencing July 1

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through June 30. One hundred (100) qualified voters shall constitute a quorum for the transaction

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of business at any meeting of the corporation. Commencing in January 2015 and continuing

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annually thereafter, the district shall hold an annual meeting in a public place other than a fire

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station on the third Thursday of June at 7:00 P.M. at such place within the District as the Board

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shall determine, for the purposes of: (1) Electing a Board of Directors; (2) Authorizing the

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assessment of all the taxable personal and real property of the District; (3) Authorizing the

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collection of taxes, as further set forth in section 6 hereunder; (4) Authorizing an annual budget to

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provide for the purchase and maintenance of equipment, apparatus, real and personal property,

 

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the payment of wages and salaries, and for such other expenditures deemed necessary by the

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qualified voters of the District; and (5) For such other lawful purposes deemed necessary and

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proper by either the Board of Directors or qualified voters of the district. Any member of the

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Board of Directors may be recalled and removed from office by the electors at any annual or

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special meeting. In order to recall any member of the Board of Directors three-quarters (3/4) of

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the majority of those electors present and voting for recall shall be required. In the event of a

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vacancy occurring on the Board a special meeting shall be called by the Board of Directors within

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thirty (30) days or occurrence of such vacancy which meeting shall be held sixty (60) days from

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the date the Board of Directors shall call for such a special meeting in order to fill said vacancy.

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     (c) Call of the Meeting: The Clerk of the District shall give notice of the annual meetings

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by causing a copy thereof to be posted at least twice in two newspapers distributed in Kent

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County, on one electronic newspaper if available in the Town of Coventry, and on the Web site

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for the fire district, if available, the Town of Coventry, and the Secretary of State and a notice

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included with the mailing of tax invoices. The annual meeting and all other meetings of the

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District shall be held in a public place, which shall be accessible to the handicapped, pursuant to

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the requirements of the Rhode Island Constitution, Article 1 & 2 and applicable federal and state

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non-discrimination laws.

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     Section 4. Special Meetings.

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     (a) Special meetings may be called upon written request of not less than one hundred

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(100) qualified voters, or may be called by a majority vote of the Board of Directors. Written

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application for a special meeting as well as the notice thereof, shall mention the reason for such

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special meeting. Notice of the special meeting shall be given in the same manner as the annual

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meeting not less than thirty (30) days prior to the date of the meeting. The purpose of the meeting

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shall be stated in the notice and call for meeting and no other business shall be transacted.

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     (b) Any special meeting called for the purpose of filling a vacancy among district officers

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shall be advertised in the same manner as the annual meeting, as set forth in section 3 (c) of this

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Charter.

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     Section 5. Directors and Officers of the Corporation – Moderator – Qualifications (a) The

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district board shall be comprised of seven (7) directors. The first election of Board members shall

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be held at the 2015 annual meeting. The composition of the Board shall be determined based on

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the following: the four (4) individuals who shall receive the highest number of votes shall serve

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for a period of two (2) years with the three (3) individuals receiving the next highest number of

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votes shall serve for a period of one (1) year.

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     (b) Thereafter, three (3) Directors will be elected to a two (2) year term at the 2017

 

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annual meeting and every second year thereafter. Four (4) directors shall be elected at the 2018

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annual meeting and every second year thereafter.

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     (c) Any inhabitant qualified to vote at any District meeting may be a candidate for

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District office, provided such candidate submits to the District clerk the title of the elective office

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sought, together with a petition signed by fifty (50) inhabitants qualified to vote at any District

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meeting, at least thirty (30) days prior to the date of the meeting. This list of signatures is to be

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certified by the clerk no later than thirty (30) days prior to an annual or special meeting of the

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District. No employee of the District or member of the employee’s family shall be qualified to

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serve as a director. Family shall be defined as the employee’s spouse, any of the employee’s

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children, whether by blood, adoption, or marriage or the employee’s father, mother, brother,

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sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-

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in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter,

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stepbrother, stepsister, half-brother, or half-sister.

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     (d) No Director shall serve more than three (3) consecutive two (2) year terms.

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     (e) The clerk of the District shall post in all places where posting is required for an annual

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meeting a list of all persons certified to stand for election and the office to which each person

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seeks election in at least eight (8) public places within the district, including all actively used

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District stations, at least twenty (20) days prior to the annual meeting or any other special meeting

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called for the election of officers.

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     (f) The Board of Directors shall have the power to declare an office vacant if the person

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filling that office fails to attend three (3) consecutive monthly meetings of the Board.

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     (g) Upon the occurrence of any vacancy in any elective office of the District, the

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chairman shall call a special meeting of the District for the purpose of electing a qualified elector

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to fill the office vacated for the remainder of the original term of office. If the remaining term is

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less than six (6) months then the position will be left vacant until the next annual meeting. Said

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special meeting shall be held within sixty-five (65) days from the date such original vacancy

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occurs and governed by the same procedures as a regular election.

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     Section 6. Duties of The Board Of Directors. (a) The Board of Directors shall hold

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monthly public meetings to conduct the business of the District. The Board of Directors shall be

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empowered to: (1) Fix the amount of the bond of the Treasurer and the Tax Collector; (2) Order

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payment of the district’s bills and indebtedness; (3) Be in charge of and supervise the care of the

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District’s properties; (4) Cause District property to be insured; (5) Purchase equipment, property

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and apparatus as required by the District’s needs and budget; and (6) Appoint an Administrative

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Fire Chief, Tax Collector and Treasurer and other employees in accordance with the by-laws. No

 

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less than one half (1/2) of the members of the Board of Directors shall constitute a quorum at any

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meeting of the Board.

3

     (b) The foregoing list of duties shall not be deemed to be limiting and the directors shall

4

have all necessary authority to operate and conduct the business of the District as necessary, all

5

within the bounds of the laws of the state of Rhode Island. The Board of Directors shall have the

6

power to appoint and/or employ such employees or individuals, and other committees and/or

7

positions deemed necessary for the efficient operation of the District.

8

     (c) The members of the Board of Directors and any official appointed by said Board of

9

Directors shall be subject to the Rhode Island Code of Ethics in Government, chapter 14 of title

10

36 of the Rhode Island General Laws.

11

     (d) The chairman of said District shall preside at all annual and special meetings as

12

moderator; in his/her absence the vice chairman shall serve as moderator; in the absence of both,

13

a temporary moderator may be elected by a majority of voters present and voting.

14

     (e) The administrative duties of these Directors shall be specified in the by-laws of the

15

Fire District.

16

     Section 7. Taxing Authority - Tax Assessor. (a) Said qualified voters at any of their legal

17

meetings shall have the power to order such taxes and provide for the assessing and collecting of

18

the same on the taxable inhabitants and property in said district as they shall deem necessary for

19

purchasing fire engines, and all other implements and apparatus for the extinguishing of fire; for

20

the purchase of land and buildings for keeping same; for the purchasing, installation, operation

21

and maintenance of a suitable alarm system; for making cisterns and reservoirs; for paying the

22

salaries of district officers and employees, as well as the members of the rescue unit known as the

23

Coventry Main Fire District and such taxes, so ordered, shall be assessed by the assessors of said

24

district on the taxable inhabitants and property therein according to the last valuation made by the

25

assessors of the Town of Coventry next previous to said assessment, adding, however, any

26

taxable property which may have been omitted by said town assessors or afterwards acquired; and

27

in assessing and collecting said taxes such proceedings shall be had by the officers of said district,

28

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

29

and collecting taxes; provided however that the total tax levy assessed for any one year shall not

30

exceed four (4) percent of the prior year’s total tax levy. The Corporation shall not have the

31

authority to enact or adopt any supplemental tax.

32

     (b) The qualified voters of the Coventry Main Fire District are also authorized to raise

33

money through taxes to purchase the necessary vehicles and equipment to operate and maintain a

34

rescue unit to be known as the Coventry Main Fire District. The Fire District shall be authorized

 

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1

to contract or employ with a private entity to provide such service.

2

     (c) Tax Assessor. There shall be at least one District Tax Assessor, who may also serve as

3

District Clerk, who shall be appointed or employed by the District. The tax assessor shall levy

4

and assess taxes at such rate as the district shall vote, on all taxable real and personal property in

5

the district and shall prepare and deposit the tax list with the tax collector and treasurer of the

6

district; said board shall assess property on the basis of the last valuation made by the assessor(s)

7

of the Town of Coventry next previous to said assessment.

8

     Section 8. Power to Contract. In addition to all other powers vested in the Corporation

9

hereunder, the Corporation shall have the right to employ or contract with any other entity or

10

individual, public or private, for the purpose of providing the services to be performed or

11

rendered by the Corporation to the inhabitants of the District hereunder.

12

     Section 9. Audits. The Corporation shall be required to conduct an annual financial audit

13

with respect to all financial matters. In connection with performing said audit, the Corporation

14

shall contract with a private vendor qualified to perform audit in order to conduct the annual audit

15

of the Corporation’s finances required hereunder.

16

     Section 10. Ten-Year Study to Quantify Costs. With respect to all public and private

17

labor contracts the Corporation shall be required to perform a ten (10) year financial study prior

18

to entering into any new contract in order to ensure that the cost of said contract will not result in

19

unbalanced approved annual budget.

20

     Section 11. By-Laws. The Board of Directors shall adopt by-laws for the operation of the

21

district. The by-laws adopted by the Board shall be subject to the approval and ratification by the

22

qualified voters of the district within six (6) months of the establishment of the Board, or at the

23

annual meeting or at a special meeting, as the case may be. Thereafter, the qualified voters of said

24

district may enact by-laws or changes to existing by-laws, provided the same be not in violation

25

of or repugnant to the laws of this state, which proposed changes shall be presented to the

26

qualified voters of the district for approval and ratification at the annual or special meeting of the

27

district, provided the proposed changes have been noticed in the call of the meeting and have

28

been approved by five (5) of the seven (7) members of the Board. The by-laws which are enacted

29

for the District may provide for employing or contracting with any entity in order to provide

30

services for the District, including providing for any employees of the district such as the tax

31

collector, district clerk, and district treasurer.

32

     Section 12. Authorization to Borrow Funds. The Coventry Main Fire District is hereby

33

authorized and empowered to borrow from time to time such sums of money as may be

34

necessary. In no event shall the total debt of the Corporation exceed a sum equal to ten (10)

 

LC005022 - Page 11 of 13

1

percent of the annual operating budget, for the purpose of procuring real and personal estate, the

2

erection and maintenance of buildings, the procuring of fire and water apparatus, for the payment

3

of any legal indebtedness of said district, or for the purpose of purchasing or procuring any other

4

property, real or personal, that may be legally acquired and held by said district.

5

     Section 13. Amendments to Charter. This charter may be amended by the electors of the

6

District by following the procedures outlined hereunder. In the event the Board of Directors or the

7

qualified electors at an annual or special meeting shall propose to amend this charter, the electors

8

at a special meeting shall elect a five (5) member charter review commission in order to review

9

the existing charter and any proposed amendments. Said charter review commission shall present

10

its recommended changes to the Board, which shall approve, reject or amend the changes as the

11

case may be, and then shall cause to be published notice of such proposed amendments in the

12

same manner as prescribed for calling an annual meeting. Said notice shall include the text of any

13

proposed amendments to the charter. Any such proposed charter amendments shall be voted on at

14

the annual meeting of electors and shall require a two-third (2/3) vote of the electors present and

15

voting in favor of any such proposed amendment in order to approve amendments for submission

16

and ratification by the General Assembly.

17

     SECTION 3. Sections 1 and 3 of this act shall take effect upon passage. Section 2 shall

18

take effect upon the approval of the question contained in Section 1, by the majority of the

19

qualified electors of the former Central Coventry Fire District. All acts or parts of acts

20

inconsistent with this act are hereby repealed.

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LC005022 - Page 12 of 13

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE CREATION OF A NEW FIRE DISTRICT IN THE TOWN OF

COVENTRY TO BE KNOWN AS THE MAIN FIRE DISTRICT

***

1

     This act would create and establish the Main Fire District in the Town of Coventry in the

2

jurisdiction of the former Central Coventry Fire District, subject to voter approval.

3

     Sections 1 and 3 of the act would take effect upon passage. Section 2 would take effect

4

upon voter approval.

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LC005022

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