2017 -- H 5044

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO THE CONSOLIDATION OF THE LONSDALE FIRE DISTRICT INTO THE

SAYLESVILLE FIRE DISTRICT

     

     Introduced By: Representative Jeremiah T. O`Grady

     Date Introduced: January 06, 2017

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. On June 1, 1882, the General Assembly adopted "An Act to Incorporate the

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Lonsdale Fire District, Prospect Hill." On April 27, 1931, section 1 of the 1882 act was amended

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by the General Assembly to change the original name of the fire district to the "Lonsdale Fire

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District." The 1882 act has since been amended many other times by the General Assembly.

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     SECTION 2. On March 23, 2016, the Lonsdale Board of Fire Wardens hereby

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unanimously adopted a resolution seeking General Assembly authorization to empower the

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electors of the Lonsdale Fire District to forfeit and abandon the charter of the Lonsdale Fire

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District to transfer the power and responsibility to provide fire protection services to the

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inhabitants in the area described in section 1 of the legislative charter of the Lonsdale Fire District

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adopted in 1882 and amended many times, to the Saylesville Fire District.

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     SECTION 3. The Lonsdale Fire District's Board of Fire Wardens is authorized to take

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whichever actions they deem appropriate to effectuate its dissolution as an independent entity and

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to consolidate its operations with the Saylesville Fire District in accordance with the districts'

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resolutions of their respective Boards of Fire Wardens upon approval by the electors of both

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districts. The Lonsdale Fire District's Board of Fire Wardens shall cause notice of the holding of

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any election undertaken by the Lonsdale Fire District pursuant to this act to be given to all

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electors of the district. Such notice shall be provided to the electors of the district by regular U.S.

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mail, at least twenty (20) days prior to the date of the election, and shall be mailed to the last

 

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known address of each registered elector in the District. This notice shall include, at a minimum,

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the date, times, and polling location(s) of the election, as well as a copy of the text of the

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question(s) to be voted on by the electors. In addition, the Lonsdale Fire District's Board of Fire

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Wardens shall cause notice of the election to be published in a newspaper published on at least a

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weekly basis and distributed within the Lonsdale Fire District, and said notice shall be published

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at least twenty (20) days and then ten (10) days before the date of the election.

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     SECTION 4. The qualified electors of the Lonsdale Fire District are hereby authorized

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and empowered to vote to effectuate the dissolution of the Lonsdale Fire District as an

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independent entity and to consolidate its operations with the Saylesville Fire District in

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accordance with the resolutions adopted by the respective Boards of Fire Wardens. An

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affirmative vote of the electors of both the Saylesville Fire District and the Lonsdale Fire District

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are needed to effectuate the consolidation of the two (2) fire districts.

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     SECTION 5. On May 27, 1896 the General Assembly adopted "An act to incorporate the

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Saylesville Fire District." It was authorized to provide fire-related services for a geographically

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described area within the town of Lincoln. The 1896 act has since been amended many times by

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the General Assembly.

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     SECTION 6. On April 14, 2016, Saylesville Board of Fire Wardens adopted a resolution

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seeking General Assembly authorization to empower the electors of the Saylesville Fire District

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to increase the size of the Saylesville Fire District to increase the geographic bounds of their

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district and to authorize the Saylesville Board of Fire Wardens to take whatever actions it deems

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appropriate and necessary to:

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     (a) Accept the transfer of the assets from the Lonsdale Fire District; and

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     (b) Accept any pension liability determined as of the date of dissolution of the Lonsdale

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Fire District; and

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     (c) Accept the transfer of the encumbered real estate of the Lonsdale Fire District, subject

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to any of its mortgages; and

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     (d) Execute any and all documents necessary to effectuate the transfer of the Lonsdale

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Fire District's real estate and any encumbrance thereon.

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     SECTION 7. The Saylesville Fire District's Board of Fire Wardens is authorized to take

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whatever actions they deem appropriate to effectuate its acquisition of the Lonsdale Fire District,

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in accordance with the districts' resolutions of their respective Boards of Fire Wardens and upon

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approval by the electors of each district. The Saylesville Fire District's Board of Fire Wardens

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shall cause notice of the holding of any election undertaken by the Saylesville Fire District

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pursuant to this act to be given to all electors of the district. Such notice shall be provided to the

 

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electors of the district by regular U.S. mail, at least twenty (20) days prior to the date of the

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election, and shall be mailed to the last known address of each registered elector in the District.

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This notice shall include, at a minimum, the date, times, and polling location(s) of the election, as

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well as a copy of the text of the question(s) to be voted on by the electors. In addition, the

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Saylesville Fire District's Board of Fire Wardens shall cause notice of the election to be published

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in a newspaper published on at least a weekly basis and distributed within the Saylesville Fire

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District, and said notice shall be published at least twenty (20) days and then ten (10) days before

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the date of the election.

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     SECTION 8. The qualified electors of the Saylesville Fire District are hereby authorized

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and empowered to vote to increase the geographical bounds of their district to include all the area

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that currently constitutes the Lonsdale Fire District and further described in section 1 of the 1896

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incorporation act, as amended, under the terms and conditions set forth in its Fire Wardens' April

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14, 2016, resolution.

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     SECTION 9. An affirmative vote of the electors of both the Saylesville Fire District and

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the Lonsdale Fire District shall be needed to effectuate the consolidation of the two (2) fire

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districts.

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     SECTION 10. The respective district referenda shall be held no later than December 31,

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2017.

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     SECTION 11. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE CONSOLIDATION OF THE LONSDALE FIRE DISTRICT INTO THE

SAYLESVILLE FIRE DISTRICT

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     This act would authorize the dissolution of the operation of the Lonsdale Fire District as

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an independent fire district and would transfer its responsibilities, assets and liabilities to the

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Saylesville Fire District upon the affirmative vote of the electors of both fire districts.

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     This act would require notice be given by the fire districts to the electors prior to the

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election.

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     This act would take effect upon passage.

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