2014 -- H 8134

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LC005497

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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 AMENDMENTS TO THE CHARTER OF THE EXETER FIRE DISTRICT

     

     Introduced By: Representative Larry Valencia

     Date Introduced: May 01, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 1 of Chapters 434 and 524 of the 2004 Public Laws entitled "AN

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ACT CREATING THE EXETER FIRE DISTRICT", as amended by Chapter 456 of the 2007

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Public Laws, are hereby further amended to read as follows:

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     SECTION 1. The Exeter Fire District is hereby incorporated in the manner and form as

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follows:

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     I. TITLE AND OBJECT

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     A. Title and Boundaries. The name of the district incorporated hereby shall be the

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"Exeter Fire District." The boundaries of the district shall be coextensive with those of the town

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of Exeter, Rhode Island. Said district may have a common seal, sue and be sued; impose taxes

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and fees; purchase and own property of any description in furtherance of its objective; and enjoy

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the powers and immunities generally incident to a governmental corporation under the Rhode

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Island general laws.

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     B. Objective. The objective of the Exeter fire district shall be for the purpose of providing

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fire, rescue, and dispatch services within the fire district and/or to provide operational funding for

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nonprofit fire, rescue, and dispatch companies in the district and thereby to provide for the

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protection and preservation of life and property in the town of Exeter from damage and

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destruction by fire, accident, disaster, and other casualty, including the provision of emergency

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medical services.

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     II. QUALIFIED ELECTORS

 

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     The electors of the district qualified to vote in the town of Exeter on propositions to

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impose a tax, fees, or for the expenditure of money shall be eligible to vote and act in all meetings

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of the district.

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     III. BOARD OF COMMISSIONERS

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     A. Membership. The board of commissioners shall consist of seven (7) qualified electors

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in the town of Exeter selected as follows:

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     1. One Two (2) persons each appointed by the respective boards of each of the active

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volunteer fire and rescue companies in Exeter (totaling four (4) position appointments). This

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provision shall become effective only on the expiration of the term of office of any existing board

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of commissioners member appointed by a rescue company and/or the Exeter Emergency Dispatch

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Center, Inc.;

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     2. One person appointed by the board of the Exeter Emergency Dispatch Center, Inc.; and

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     3 2. Three (3) person persons who are not active members of Exeter public safety

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organizations elected at the annual meeting of the district; provided, however, that the town

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council of the Town of Exeter shall initially fill these three (3) positions by appointment as

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follows: one for a term to expire at the district annual meeting in 2005; one for a term to expire at

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the district annual meeting in 2006; and one for a term to expire at the district annual meeting in

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2007. At the district annual meeting in 2005 and thereafter, the voters of the district shall elect

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one person to serve as commissioner for a term of three (3) years. Any qualified elector who

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wishes to run for commissioner shall present a petition in support of his or her candidacy

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containing the signatures of twenty-five (25) qualified electors to the clerk of the district not less

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than thirty (30) days before the annual meeting.

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     B. Term and Original Appointment.

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     1. The term of the elected members of the board of commissioners shall be three (3)

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years.

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     2. The term of the members of the board of commissioners appointed by the public

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service corporations shall be two (2) years; provided, however, that the initial term of the

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commissioners appointed by Exeter Volunteer Fire Company #2 and the Exeter Emergency

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Dispatch Center, Inc. shall be one year.

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     3. Each commissioner shall serve until his or her replacement is elected or appointed and

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qualified.

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     C. Officers of the Board. At the board meeting following each annual meeting, the Board

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shall elect a chair and vice-chair from among its membership for a term of one year. The chair

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and, in his absence, the vice-chair, shall preside at all meetings of the board and shall conduct all

 

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meetings in accordance with Robert's Rules of Order (latest version). The board of commissioner

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shall appoint all committees and members thereto.

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     D. Quorum. A quorum shall be a majority of the members of the board of commissioners;

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provided, however, that in the absence of a quorum the members present may vote to continue the

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meeting to a specified date and time.

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     E. Duties of the board of commissioners. The board of commissioners shall generally

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supervise the operations of the district to accomplish the objectives specified above. Without

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limiting the generality of the foregoing:

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     1. The board of commissioners shall meet on a regular basis to consider all matters

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related to the district.

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     2. The board of commissioners shall, thirty (30) days prior to the annual meeting, present

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to the clerk of the district (a) a written report on the state of affairs of the district and (b) a

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proposed budget for the coming fiscal year, both of which shall be presented to the voters at the

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Annual Meeting.

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     3. Whenever a vacancy in the board shall occur, the chair shall advise the entity that

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appointed such commissioner of the vacancy and the entity shall appoint a qualified voter of the

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district to serve as commissioner for the unexpired term. If an elected member of the board shall

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resign or be otherwise unable to serve, the board may appoint a commissioner to serve until the

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next annual meeting at which time a commissioner shall be elected to fill the unexpired term, if

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any.

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     4. The board of commissioners shall have the authority to provide fire, rescue, and

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dispatch services directly in the district; to hire, manage, and discipline employees; to enter into

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employment contracts and/or collective bargaining agreements; to purchase vehicles, equipment,

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and supplies; to incur debt; and take and do all such other ordinary and necessary activities and

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actions required for the fire district to provide fire, rescue, and dispatch services within the fire

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district, enter into contracts and leases for the purchase and sale of equipment and services

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necessary to provide proper operations of the district; to sue and be sued in the course of this

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state; to retain legal counsel, accountants, consultants, or any other professional services deemed

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necessary to be in the best interest of the district.

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     5. The district shall indemnify any commissioner or officer for damages, judgments,

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settlements, costs, and expenses incurred with any action, suit, or appeal therefrom, arising out of

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an alleged or actual breach of duty, neglect, error, misstatement, or omission, or any other matter

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claimed against said person solely by reason of his or her being a commissioner or officer of the

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district.

 

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     6. In order of effectuate the purposes stated herein, the board of commissioners may hire

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and appoint the tax collector and/or the tax board of review in place in the town of Exeter or, at

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its discretion, (i) hire a separate tax collector and/or (ii) establish a separate tax board of review

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for the district, which duties shall be outlined in the by-laws of said district.

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     7. The board of commissioners shall have the authority to provide fire protection,

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emergency services, and dispatching for the district.

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     IV. OFFICERS

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     The following shall be the officers of the district and shall be appointed by the board of

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commissioners annually at the first meeting following each annual meeting of the district: clerk,

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treasurer, tax collector and moderator. The officers may, but need not be, members of the board

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of commissioners. Officers who are not members of the board shall not be entitled to vote at

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board meetings.

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     A. Clerk. The clerk shall take minutes of all meetings and shall be held responsible for

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the maintenance of same. The clerk shall give notice of every annual meeting, special meeting or

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adjourned meeting and shall advertise the call of such meetings as provided herein. The clerk

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shall have such additional powers and exercise such additional duties as the by laws or the board

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shall designate.

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     B. Treasurer. The treasurer, before discharging his or her duties, shall give bond to the

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Exeter fire district in such sum as the board of commissioners may determine, that will provide

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for the faithful discharge of the duties of office. Said bond shall be deposited with the clerk. The

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treasurer shall pay out and expend only those funds that are authorized to be expended by vote of

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the qualified voters of the Exeter fire district in any meeting. The treasurer shall make a statement

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annually of all accounts, in writing, and show the sums received and paid during the previous

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fiscal year. The treasurer shall have the authority to hire such persons, subject to the limitations as

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hereinafter set forth; to carry on the affairs of the Exeter fire district; and shall also have the

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authority to invest any surplus funds in any interest bearing accounts as provided by law. The

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treasurer shall have such additional powers and exercise such additional duties as the by laws or

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the board shall designate. The board may appoint or designate a qualified elector as assistant

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treasurer, said person not to be a member of the board who, in the absence or disability of the

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treasurer shall have the authority to sign checks and assume the other duties of the treasurer. Said

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person shall provide bond in an amount to be determined by the board.

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     C. Tax collector. The collector of taxes for the district shall, for the purposes of collecting

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taxes, have the same powers, duties, and authorities as are now by law conferred upon collectors

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of taxes for towns of this state. The tax collector shall pay over to the treasurer on the first

 

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business day of each month the total taxes collected during the previous month, or at more

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frequent intervals, at the option of the tax collector or the board. The tax collector shall determine

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and assess all real and personal property, located within the boundaries of the Exeter fire district,

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on December 31st of each year in the same amount as assessed by the town of Exeter. The tax

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collector shall not assess any property exempt in whole or in part or knowingly omitted from

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taxation by the town of Exeter. The date of collection shall be August 15th following said

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assessment or such other date as shall be determined at the annual meeting. Provided, however, in

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the event the tax roll of the town of Exeter is not certified by June 15th of any year, the tax

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collector, on approval of the board, shall have the authority to change the date of collection to a

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date not more than sixty (60) days from the date of said certificate of the tax roll by the town of

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Exeter. The tax collector shall, after receipt of the list of assessments from the town of Exeter,

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produce a tax bill based on the tax rate approved by the qualified voters of the Exeter fire district

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and further shall maintain records of all tax collections and delinquent charges and provide annual

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written reports thereof.

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     D. Moderator. The moderator shall preside at all annual and special meetings of the

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district in accordance with the authority granted to the town moderator by state law and the

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charter of the town of Exeter.

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     E. Removal. Officers shall serve at the pleasure of the board and may be removed with or

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without cause by majority vote of the full board.

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     V. BYLAWS

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     The qualified electors of the district may, upon recommendation of the board, enact all

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bylaws by them adjudged necessary and expedient for carrying the provisions of this charter into

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effect, provided that the same be not in violation or repugnant to this charter or the laws of this

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state.

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     VI. TAXABLE PROPERTY

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     The term "taxable property of the district" shall mean and intend to include all real,

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tangible, and personal property located within the boundaries of the district, excluding motor

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vehicles and property exempt in whole or in part or knowingly omitted from taxation by the town

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of Exeter.

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     VII. ANNUAL AND SPECIAL MEETINGS

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     A. Annual meetings. There shall be an annual meeting of the district every year for the

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purpose of receiving the reports of the board; approving the budget; ordering taxes and providing

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for assessing, levying, and collecting the same; enacting bylaws; and transacting such other

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business or adopting such measures, consistent with this charter, which the voters at said meeting

 

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shall deem beneficial to the district. The annual meeting shall be held on the second Wednesday

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of April in each year at such time and location, within or without the district, as the board of

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commissioners shall determine. The date of the annual meeting and requirements of the call of

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said meeting may be modified in the district bylaws.

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     B. Special meetings. The district shall have a special meeting upon written application

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signed by twenty-five (25) or more qualified electors or at the direction of the board. Written

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application for a special meeting and the notice thereof shall specify the business to be transacted

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at such meeting. Special meetings shall be called within fourteen (14) days from the date of

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delivery of said request to the clerk of the district at such location and time as the board of

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commissioner shall determine and the business shall be limited to that provided in the notice of

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meeting.

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     C. Quorum. A quorum at the annual or any special meeting of the district shall be twenty-

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five (25) qualified electors. In the event that a quorum is not present at the time the meeting is

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scheduled to open, the moderator is authorized to continue the meeting to such time and date as in

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the discretion of the board shall best serve the interests of the district.

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     D. Notice of meetings. Unless otherwise specified in the district bylaws, notice of annual

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and special meetings shall follow the requirements of state law for notice of financial town

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meetings.

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     E. Powers of the district voters. In addition to the general powers specified above, the

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voters shall have the following powers exercisable at annual and special meetings:

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     The power to order such taxes, fees, and provide for the assessing, levying and collecting

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

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provide proper operating funding for the district and all fire, rescue and dispatch services in the

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district and such taxes, so ordered, shall be assessed by the tax collector of said district on the

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

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the town of Exeter as provided herein. The taxes assessed and payable in any one year under the

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provisions of this section shall not exceed two dollars and fifty cents ($2.50) on each one

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thousand dollars ($1,000) of said valuation; provided further, however, the minimum charge for

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any district tax bill rendered shall be not less than twenty dollars ($20.00). The voters may

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provide such deduction from the tax assessed against any person if paid by an appointed time, or

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for such penalty by way of percentage on the tax if not paid at an appointed time, not exceeding

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the maximum rate allowed by law upon said unpaid tax.

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     F. Budget cap. (a) Each public safety organization shall endeavor to limit its individual

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annual budget request to an amount that exceeds its appropriation for the prior fiscal year by no

 

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more than five and one-half percent (5.5%).

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     (b) In the event that any individual budget request (including the proposed fire district

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administrative budget) exceeds the respective prior years appropriation by more than five and

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one-half percent (5.5%), such request shall be voted on separately at the annual meeting and shall

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require a two-thirds (2/3) vote of the electors present for approval. Prior to any such vote, the

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moderator shall advise the electors by how much in percent and in dollars the request exceeds

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five and one-half percent (5.5%).

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     (c) In the event that an appropriation resolution that exceeds the prior year's appropriation

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by more than five and one-half percent (5.5%) is not approved by a two-thirds (2/3) vote, the

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moderator shall entertain substitute resolutions from the floor and, following discussion, shall put

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any such resolution to a vote until a substitute resolution receives the votes necessary for adoption

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by majority or a two-thirds (2/3) vote, as may be required.

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     (d) After all such requests that exceed the prior year's appropriation by more than five

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and one-half percent (5.5%) have been decided, the moderator shall put the entire fire district

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budget to a vote of the electors present at the annual meeting. The fire district budget shall require

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a majority vote for approval.

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     G. Reserve fund. There shall be established by the annual meeting a fund to be

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designated the reserve fund into which there may be transferred from time to time by vote of the

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annual meeting the whole or any portion of the surplus funds that the district may have at the end

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of any fiscal year, or to which direct appropriations may be made, or which may be augmented by

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both means. The purpose of the reserve fund shall be to make moneys available for temporary

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borrowings in anticipation of taxes, and/or for capital expenditures, but for no other purpose. The

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board of commissioners may authorize borrowing from the reserve fund in anticipation of taxes

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within such limits as the annual meeting shall set for each fiscal year. Moneys from the reserve

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fund may be used for capital expenditures only upon specific authorization of the annual meeting.

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The treasurer shall have the authority, with the approval of the board of commissioners, to make

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such prudent investments of moneys in the reserve fund as may seem appropriate.

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     VIII. DEBTS, BONDS, DEBENTURES AND REPAYMENT

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     A. The Exeter fire district is hereby authorized to incur total debt not to exceed one

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percent of the total assessed valuation of all taxable property within the boundaries of the Exeter

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fire district as of the assessment last made.

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     B. The Exeter fire district is hereby authorized to issue serial bonds or debentures under

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its corporate seal and name. Said bonds or debentures shall be in denominations and shall bear

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interest and be upon such terms and conditions and shall be issued and sold by the Exeter fire

 

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district in such manner and at such time as the qualified electors of the Exeter fire district, by

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majority vote of those present and voting, may decide at any annual meeting, special meeting, or

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adjourned meeting, or in lieu thereof, the qualified electors, by majority vote of those present and

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voting, may authorize the board and treasurer to supervise the issuance of said bonds and

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debentures.

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     C. The chair or vice-chair of the Board and the treasurer shall sign all bonds or

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debentures on behalf of the Exeter fire district.

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     D. The qualified voters at each annual meeting shall appropriate sufficient funds to meet

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the obligations of principal and interest incurred by the issuance of any such bonds or debentures.

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     IX. CHARTER REVISION

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     In the event that the board or twenty-five (25) qualified electors shall by written petition

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request that this charter be revised or amended, then, and in that event, the board shall appoint a

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committee to study such proposed amendments or revisions. Said committee shall report its

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findings to the board which shall present any proposed amendments or revisions to the electors at

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a general or townwide special election. Any amendment or revision to this charter shall be

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contained in the warrant for the election at which it is to be voted upon. Upon approval of any

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amendment or revision by the qualified voters of the district, the same shall be referred to the

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Rhode Island general assembly for enactment at the first available session.

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     X. FISCAL YEAR AND INTERIM FUNDING

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     The fiscal year of the district shall be from July 1 through June 30. The town of Exeter

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shall provide interim funding to the fire, rescue, and dispatch companies until the district taxes

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are assessed and collected.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AMENDMENTS TO THE CHARTER OF THE EXETER FIRE DISTRICT

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     This act would further define the purposes of and the services to be provided by the

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Exeter Fire District.

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     This act would take effect upon passage.

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