2018 -- S 2242 | |
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LC003811 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
____________ | |
A N A C T | |
RELATING TO THE RICHMOND-CAROLINA FIRE DISTRICT | |
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Introduced By: Senator Elaine J. Morgan | |
Date Introduced: February 01, 2018 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 1 and the appendix of Chapter 28 of the 1986 Public Laws entitled |
2 | "An Act Creating the Richmond-Carolina Fire District" as amended by Chapter 438 of the 2000 |
3 | Public Laws entitled "An Act Relating to the Richmond-Carolina Fire District" is hereby further |
4 | amended to read as follows: |
5 | SECTION 1. The Richmond-Carolina Fire District is hereby incorporated in the manner |
6 | and form as follows: |
7 | I. TITLE AND OBJECT |
8 | A. Title and Boundaries. That portion of the town of Richmond, Rhode Island, shown in |
9 | Appendix A which is herein incorporated into a fire district known as the Richmond-Carolina |
10 | Fire District (hereinafter referred to as "District"). |
11 | B. Object. Its object shall be the prevention and/or extinguishment of fires, the protection |
12 | and preservation of life and/or property endangered by fire and/or any related emergencies that |
13 | may occur within the boundaries of the district. |
14 | II. ELIGIBLE VOTERS |
15 | A. Every person having reached the age of eighteen (18) years who resides in said district |
16 | and is an eligible voter in the town of Richmond or is a taxpayer to the district shall have the right |
17 | to vote at any meeting of the district or any adjournment thereof, provided that no such person |
18 | shall be eligible to vote whose district taxes are in arrears one (1) week before any meeting. A list |
19 | of eligible voters shall be prepared by the district clerk who shall certify the most updated roll of |
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1 | registered voters and taxpayers available from town officials prior to the annual meeting. |
2 | B. Any person who is granted an exemption, the amount of which exceeds the total |
3 | assessment of said person's property within the district, shall be considered an eligible voter. |
4 | C. No corporation or stockholder or officer thereof, not any executor, administrator or |
5 | trustee, nor any other person acting in a fiduciary capacity shall be eligible to vote. |
6 | III. MEETINGS |
7 | A. The annual meeting shall be held on the first Monday of June each year at 8:00 p.m., |
8 | at a location to be specified in the call of the meeting. The board of directors shall determine the |
9 | location of the meeting. Al meetings of the district shall at all times be held within the boundaries |
10 | of the district. Following adoption of this charter, the first annual meeting of the board of |
11 | directors shall be held at the Richmond elementary school. |
12 | B. Special meetings of the district may be called upon written request, signed by at least |
13 | twenty (20) eligible voters, setting forth the purpose of said call of the meeting, delivered to the |
14 | clerk, or in the absence thereof, any duly elected officer of the district. Said special meeting shall |
15 | be called within fourteen (14) days from the date of delivery of said request to the clerk. |
16 | C. Adjourned Meeting. Any business conducted or transacted at any annual or special |
17 | meeting may be referred to an adjourned meeting, upon request of fifteen (15) eligible voters |
18 | present at any such meeting, for the purpose of voting on such matters. Said adjourned meeting is |
19 | to take place on the second Wednesday following the meeting at which the adjourned meeting is |
20 | requested. Voting hours shall be from 7:00 a.m. to 9:00 p.m., at a location within the boundaries |
21 | of the district, to be decided by the board of directors. |
22 | IV. QUORUM |
23 | A. A quorum at any meeting of the district shall be twenty (20) eligible voters. In the |
24 | event, that for any reason, a quorum is not present at the time a meeting is scheduled to open, the |
25 | board of directors is herewith authorized to delay the meeting for such a period of time, as in the |
26 | discretion of the board of directors shall best serve the interests of the district. |
27 | V. POWERS OF THE DISTRICT VOTERS |
28 | A. At any annual meeting or special meeting of the district, or any adjournment thereof, |
29 | the eligible voters shall have the following powers: |
30 | 1. They shall fill the vacancies on expired or unexpired terms of duly elected officers, |
31 | who shall consist of a chief, first deputy chief, second deputy chief, two (2) members of the board |
32 | of directors, treasurer, clerk. All candidates for elected office must submit their names and the |
33 | particular office which they are seeking, in writing, to the clerk by 4:30 p.m., thirty (30) days |
34 | prior to the annual meeting. Nominations from the floor at the annual meeting shall be prohibited. |
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1 | All candidates for elected office must meet the qualifications set forth in this act. |
2 | 2. They shall order such taxes and provide for the assessment and collection of same, on |
3 | all real and such personal property within the boundaries of the district as they shall deem |
4 | necessary for the: |
5 | (a) Proper creation, maintenance and support of a fire department in said district, |
6 | including the purchasing or leasing of real estate to house all necessary equipment and |
7 | firefighting, rescue and/or emergency medical services apparatus. |
8 | (b) Purchase or lease of all necessary fire apparatus; firefighting equipment; emergency |
9 | medical equipment and generally all things necessary for proper operation, maintenance and |
10 | service to the taxpayers of the district in order to carry into effect and attain the objectives of |
11 | which this act is declaratory. |
12 | (c) Improvement in any manner they may deem necessary of any property belonging to |
13 | the district. |
14 | (d) Creation of a reserve fund for the future maintenance and replacement of property and |
15 | apparatus. |
16 | (e) Payment of any charges and expenses arising within the district, incidental or not to |
17 | the above. |
18 | (f) Provide for salaries and employee benefits to those persons presently or previously |
19 | employed by the district. |
20 | 3. They shall exempt from taxation such property within the boundaries of the district as |
21 | shall be approved by a vote of seventy-five percent (75%) of the eligible voters present at any |
22 | meeting of the district. Providing, however, that no exemption shall be granted unless the request |
23 | for exemption shall specifically be set forth in the call of the meeting at which it is to be |
24 | considered. Such exemption, when granted, shall continue indefinitely, unless a specific term |
25 | shall be specified. |
26 | 4. They shall provide for the auditing of the financial records of the district. |
27 | VI. PROPERTY EXEMPT FROM TAXATION |
28 | A. No property shall be exempt from taxation unless said exemption shall be approved in |
29 | the manner stated in section 1, subsection V A 3, except that property which is exempt by state or |
30 | federal statute. |
31 | VII. OATH OF OFFICE |
32 | A. Upon election or appointment of any officer of the district, the person elected or |
33 | appointed shall take the following oath of office, to be administered by the clerk: |
34 | I, , having been duly elected/appointed to the office of the Richmond-Carolina Fire |
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1 | District, do hereby swear that I will carry out all obligations and responsibilities of said office in |
2 | accordance with the charter of the Richmond-Carolina Fire District and all rules and regulations |
3 | therein, to the best of my ability. |
4 | VIII. OFFICERS OF RICHMOND-CAROLINA FIRE DISTRICT |
5 | A. Board of Directors. The chief, first deputy chief, second deputy chief, the two (2) |
6 | elected additional members of the board of directors, and the treasurer, who shall be a nonvoting |
7 | member of the board of directors, shall constitute the board of directors, whose duties collectively |
8 | shall be as follows: |
9 | 1. To determine the number of companies within the district and the geographical |
10 | location of each company. |
11 | 2. To meet on a regular basis to consider all expenses and claims filed within the district, |
12 | and such expenses and claims that are approved shall bear the signature of the board auditor and |
13 | be presented to the treasurer for payment. |
14 | Each statement of claim shall first be approved by a majority of the board of directors |
15 | before being presented to the treasurer for payment by the board auditor. |
16 | 3. The board of directors shall elect one of its members as a board auditor, who shall sign |
17 | all expenses and claims that are approved by the board of directors and present said expenses and |
18 | claims to the treasurer for payments. |
19 | 4. Whenever a member of the board of directors, in the discharge of their duty, issues an |
20 | order to any member of the district, Carolina volunteer fire association, or any other company in |
21 | the district, the order shall be faithfully carried out. In the case of disobedience or neglect, said |
22 | person shall be subject to review by the board of directors, who may, if they deem necessary, |
23 | refer the matter to the district discipline committee for its action thereon. |
24 | 5. The board of directors prior to each annual meeting shall make known to the district |
25 | clerk the following: |
26 | a) Sixty (60) days prior to the annual meeting all vacancies of the board of directors and |
27 | district officers due to resignation or term expiration should be posted. |
28 | b) They shall thirty (30) days prior to annual meeting present the clerk with a written |
29 | report and proposed budget of expenditures for the coming year. |
30 | 6. The board of directors may from time to time prescribe such departmental rules, |
31 | orders and regulations concerning personnel, health, safety, cleanliness, maintenance, training |
32 | and the protection of district property as they deem appropriate. Any member of the district |
33 | personnel or the Carolina volunteer fire association not adhering to the same shall be reported to |
34 | the board of directors for review, who may, if they so deem, refer the matter to the district |
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1 | discipline committee for its action thereon. |
2 | 7. (a) Any member of the district personnel or the Carolina Volunteer Fire Association |
3 | who is aggrieved by any decision of the district discipline committee may appeal to the board of |
4 | directors by filing a written notice of appeal with the clerk within ten (10) days after the decision |
5 | of the district discipline committee. |
6 | (b) The board of directors, within ten (10) days after receipt by the clerk of a written |
7 | notice of appeal, shall fix the time and place for convening a hearing. |
8 | (c) The hearing before the board of directors shall be conducted in an informal manner, |
9 | and the action taken by the board of directors shall be final. |
10 | 8. The board of directors shall elect one of its members chairman and one of its members |
11 | vice-chairman. The chairman, and in his absence, the vice-chairman, shall preside at all meetings |
12 | of the district and shall conduct all meetings in accordance with Roberts rules of order (latest |
13 | revision). |
14 | 9. The board of directors shall appoint all committees and members thereto. |
15 | 10. The chairman of the board of directors shall administer the oath to the clerk. |
16 | 11. The board of directors shall be responsible for establishing all procedures at |
17 | adjourned meetings. |
18 | 12. The board of directors, at each annual meeting, shall make a written report to the |
19 | eligible voters of the state of the affairs of the district. |
20 | 13. Whenever a vacancy shall occur in the board of directors, the clerk, the treasurer, or |
21 | the tax collector, either through death, resignation or disability or for removal for cause, the board |
22 | of directors shall appoint a replacement to serve in such capacity until the next annual or special |
23 | meeting. |
24 | 14. The board of directors shall appoint or designate a resident and eligible voter as |
25 | acting treasurer, who, in the absence or disability of the treasurer, shall have the authority to sign |
26 | checks and assume other duties of the treasurer. Said person shall provide bond in an amount to |
27 | be determined by the board of directors. |
28 | 15. The board of directors shall have the authority to retain legal counsel, accountants, |
29 | consultants or any other professional services deemed by the board of directors to be in the best |
30 | interests of the district. The said legal counsel shall be available in an advisory capacity for all |
31 | committees of the district and shall render legal opinions, whenever requested to so, on any |
32 | questions or inconsistencies pertaining to the charter. |
33 | 16. The board of directors, acting on behalf of the district, shall have the right to sue and |
34 | be sued in the courts of this state having jurisdiction to hear, try or determine such causes. The |
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1 | district shall indemnify any elected officer for damages, judgment, settlements, costs and |
2 | expenses incurred in connection with any action, suit or appeal therefrom, arising out of an |
3 | alleged or actual breach of duty, neglect, error, misstatement, or omission, or any other matter |
4 | claimed against said person solely by reason of their being an officer of the district. |
5 | 17. The board of directors shall appoint a three (3) member discipline committee for the |
6 | district, which committee's duties are described in section X below. |
7 | 18. The board of directors shall be authorized to enter into contracts and leases for the |
8 | purchase and sale of equipment and services, to purchase and sell real estate; to construct |
9 | facilities and to perform any other duties and enter into any contract which may be required to |
10 | fulfill the object as stated in section 1, subsection I B. |
11 | 19. The board of directors shall be authorized to enter into any mutual aid contract for |
12 | fire protection and/or emergency medical services with any fire company, fire district, emergency |
13 | medical services company and/or association. |
14 | 20. The board of directors shall engage in tax reviews as described in subparagraph D, 1 |
15 | of this section. |
16 | B. Clerk. The clerk, also elected in a manner provided for in section 1, subsection IX, of |
17 | this charter, shall give notice of every annual meeting, special meeting or adjourned meeting of |
18 | the district by placing a notice of the call of any such meeting in five (5) public places, at least |
19 | seven (7) days prior to such meeting. Further the clerk shall advertise the call of such meeting |
20 | once in a local newspaper, at least seven (7) days prior to such meeting. The clerk shall take the |
21 | minutes of all meetings and shall be held responsible for maintenance of same. The clerk shall |
22 | administer the oath of office to all duly elected or appointed officers of the district, except the |
23 | office of clerk as hereinbefore provided. |
24 | C. Treasurer. The treasurer, also elected in a manner provided in section 1, subsection IX, |
25 | of this charter, before proceeding to discharge these duties, shall give bond to the district in such |
26 | sum and with surety as the eligible voters may determine, which will provide for the faithful |
27 | discharge of the duties of the office. Said bond shall be deposited with the clerk. The cost of said |
28 | bond shall be paid for by the district. |
29 | The treasurer shall pay out and expend only those funds that are authorized to be |
30 | expended by vote of the eligible voters of the district at any annual meeting, special meeting or |
31 | adjourned meeting. The treasurer shall have the authority to borrow such sums, subject to the |
32 | limitations as hereinafter set forth and with the approval of the board of directors, to carry on the |
33 | affairs of the district and shall also have the authority to invest any surplus funds, subject to the |
34 | advice and consent of the board of directors, in any interest bearing accounts as provided by law. |
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1 | The treasurer shall also be a nonvoting member of the board of directors. |
2 | D. Tax collector. The tax collector, before proceeding to discharge these duties, shall give |
3 | bond in such sum and with surety as the eligible voters of the district shall determine, which will |
4 | provide for the faithful discharge of the duties of the office. The cost of said bond shall be paid |
5 | for by the district. Said bond is to be deposited with the clerk. |
6 | The tax collector shall pay over to the treasurer on the first business day of each month |
7 | the total taxes collected for the previous month, or at more frequent intervals, at the option of the |
8 | tax collector. |
9 | The tax collector shall determine and assess all real and personal property, located within |
10 | the boundaries of the district, on December 31 of each year, at its full and fair cash value, or at a |
11 | uniform percentage thereof, to be determined by the board of directors. The first taxable year for |
12 | which the district shall collect taxes is the fiscal year beginning July 1, 1987, with assessments |
13 | made as of December 31, 1986. The tax collector shall have the power to assess any property |
14 | exempted or omitted by the town of Richmond. |
15 | The date of the collection and all payments due shall be made on or before September 30 |
16 | following said assessment. Provided, however, in the event the tax roll of the town of Richmond |
17 | is not certified by June 15 of any year, the tax collector, on approval of the board of directors |
18 | shall have the authority to change the date to a date not more than one hundred fifty (150) days |
19 | from the date of said certification of the tax roll by the town of Richmond. Interest at the rate per |
20 | annum, fixed for nonpayment of town taxes shall be charged and collected upon all overdue |
21 | charges and assessments from the date they become payable until paid. |
22 | The tax collector shall, after receipt of the list of assessments of the town of Richmond |
23 | and assessing any additional property omitted or exempted from the town's list of assessments, |
24 | produce a tax bill based on the tax rate and budget approved by the eligible voters of the district |
25 | and further shall maintain records of all tax collections and delinquent charges and provide annual |
26 | written reports thereof. |
27 | The tax collector shall send out tax bills the first business day in August of each year, |
28 | provided, however, that the tax collector, on approval of the board of directors, shall have the |
29 | authority to send out the tax bills up to forty-five (45) days subsequent to said first business day |
30 | in August in which case the payment due date may, on approval of the board of directors, be |
31 | extended by a similar number of days. Furthermore, all prior actions of the tax collector are |
32 | hereby affirmed and ratified. |
33 | The tax collector shall be empowered, subject to the approval by a majority of the board |
34 | of directors to appoint an agent or agents for the collection of taxes. Said agent or agents at the |
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1 | time of appointment, shall give bond to the district in such sum and with surety as the board of |
2 | directors shall determine, which will provide for the faithful performance of the duties of said |
3 | agent or agents. |
4 | (a) Powers and duties as to appeals. The board of directors shall hear and consider |
5 | appeals from property owners regarding the amount of property assessment as determined by the |
6 | tax collector, provided, however, such appeals are filed within thirty (30) days of the last date |
7 | appointed for payment without penalty of such tax, and provided further, that in case such |
8 | property owner has not filed an account of all the ratable personal estate owned or possessed by |
9 | the same, within the time prescribed by law, the taxpayer shall not have the benefit of any appeal |
10 | regarding the assessment on the taxpayer's ratable personal estate unless the tax assessed on said |
11 | personal estate is illegal in whole or in part; and said appeal shall be limited to a review of the |
12 | assessment on real estate to relief with respect to such illegal tax, as the case may be. Said board |
13 | shall have authority to administer oaths and receive testimony and exhibits. It shall have the |
14 | power to change any assessment so appealed and reviewed, but only after the tax collector has |
15 | been given an opportunity to appear before the board or otherwise present the tax collector's case; |
16 | provided, however, that this provision shall in no way alter legal requirements existing on the |
17 | effective date of this article relative to review of abatements. Hearings of the board of directors |
18 | shall be open to the public. Nothing herein contained shall be construed in any way to limit or |
19 | extend the right of a taxpayer to apply to a court of competent jurisdiction for relief from any |
20 | assessed valuation or tax originally determined by the tax collector or subsequently by the board |
21 | of directors in accordance with the general laws of Rhode Island, as amended, or any other law |
22 | thereto appertaining and all amendments and additions to any such laws for relief from |
23 | assessments as originally made by the tax collector. |
24 | (b) Procedure as to appeals. The procedure to be followed in the filing of appeals by |
25 | property owners from assessments as determined by the tax collector is as follows: |
26 | (1) All appeals to the board of directors shall be on petitions provided by such board. |
27 | (2) All questions on said petitions must be answered fully. |
28 | (3) A separate petition shall be filed by an owner or owners for each parcel of property |
29 | for which a review is requested or an appeal taken as provided herein. |
30 | (4) The landowners of record must file all petitions or if this is not possible, the mark of |
31 | the signature of the landowner's legal representative must appear. |
32 | (5) Petitioners will be notified of the date, time, and place of the hearing. |
33 | (6) The landowner of record, or the landowner's representative, must appear at said |
34 | hearing. If persons other than the owner of record are to appear, then a written authorization filed |
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1 | by the landowner of record must be presented and recorded with said board. |
2 | (7) Failure on the part of any petitioner or petitioner's legal representative to appear at the |
3 | time and place designated by said board for a petition to be heard, without prior notification being |
4 | given to the board, will be recorded as a default by nonappearance. Any petition for which a |
5 | default is so recorded will not be reheard for a period of one (1) fiscal year. No petition may be |
6 | resubmitted for any year for which a prior petition was recorded as a default due to |
7 | nonappearance of the petitioner or the petitioner's legal representative. |
8 | (8) At any and all hearings, the petitioner may be represented by his or her attorney and |
9 | any said petitioner may present expert witnesses or any other witnesses who may testify at the |
10 | hearing before said board. |
11 | (9) All testimony given before said board shall be under oath. |
12 | (10) The proceedings of the board of directors shall be recorded and kept in a minute |
13 | book provided by said board. |
14 | (11) All decisions of the board of directors shall be made in writing. Notice shall be given |
15 | in writing to the owner, tax collector and treasurer. |
16 | (12) All petitioners shall be notified in writing of the decision of said board and the |
17 | amount of assessment of their property by said board. |
18 | (13) All petitions will be acknowledged by the board of directors by mail. |
19 | c. Chief. The chief shall have command of the fire department. He shall decide all |
20 | disputes and questions arising out of matters connected with the Carolina Volunteer Fire |
21 | Association among the officers and fire personnel. He shall be responsible for the property of the |
22 | district and shall enforce the rules and regulations of the district. The chief shall have the powers |
23 | and duties delegated by the state of Rhode Island to the principal officers of fire departments |
24 | located within the state of Rhode Island. |
25 | d. First Deputy Chief. The first deputy chief shall assist the chief. In the event of the |
26 | absence or disability of the chief, for any reason, the powers and duties of the chief shall devolve |
27 | upon the first deputy chief. |
28 | e. Second Deputy Chief. The second deputy chief shall assist the chief. In the event of the |
29 | absence or disability of the chief and first deputy chief, for any reason, the powers and duties of |
30 | the chief shall devolve upon the first deputy chief. |
31 | IX. TERMS OF OFFICE |
32 | A. The clerk, tax collector and treasurer shall be elected at the annual meeting by the |
33 | eligible voters to serve for a term of one (1) year. Two members of the board of directors, chief, |
34 | first deputy chief and second deputy chief, duly elected by the eligible voters, shall hold office for |
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1 | three (3) years with good behavior, and subject to removal as hereinafter provided. |
2 | B. At the first annual meeting after the adoption of this charter, the chief shall be elected |
3 | to a three (3) year term; the first deputy chief shall be elected to a two (2) year term; and the |
4 | second deputy chief shall be elected to a one (1) year term. Thereafter, all elections for chief, first |
5 | deputy chief and second deputy chief will be three (3) year terms. The two (2) additional |
6 | members of the board of directors shall be elected at the first annual meeting of the district as |
7 | follows: One (1) member shall be elected to a three (3) year term; and one (1) member shall be |
8 | elected to a two (2) year term. Thereafter, all elections to the board of directors shall be for three |
9 | (3) year terms. |
10 | C. All candidates for elected office must submit their names and particular office which |
11 | they are seeking, in writing, to said district clerk seven (7) days prior to the annual meeting. Once |
12 | the officers are elected, they shall serve in their respective office and commence their duties until |
13 | the next annual meeting or until their successor is appointed as provided above ,except for the |
14 | treasurer and tax collector whose terms will coincide with the district's fiscal year. |
15 | X. PROCEDURE TO REMOVE DISTRICT OFFICERS |
16 | A. In the event that charges are brought against any district officer by complaint filed |
17 | with the board of directors alleging conduct inconsistent with the objectives of this act, the board |
18 | of directors shall appoint a committee which will consist of three (3) members, none of whom |
19 | shall be active firepersons within the district. Said committee will hear the charges or reasons |
20 | proposed for the removal of said officer(s). Any person(s) so charged shall be afforded the |
21 | opportunity to present testimony and witnesses in their behalf and to be represented by legal |
22 | counsel. Within fourteen (14) days following said hearing, the committee will make public its |
23 | report of findings and recommendations and within fourteen (14) days thereafter a special |
24 | meeting shall be called, as hereinbefore provided, for the consideration of removal of such |
25 | officer(s). At said special meeting, the eligible voters may by majority vote accept or reject the |
26 | recommendations of the committee and shall be final and binding with no right of further appeal. |
27 | XI. QUALIFICATIONS OF DISTRICT OFFICERS |
28 | A. In order to be eligible for the position of chief, a person must (a) be a resident of the |
29 | district; (b) have held the office of lieutenant or above in an organized fire department in the state |
30 | of Rhode Island for not less than three (3) years; and (c) be an active member of the Carolina |
31 | Volunteer Fire Association for at least one (1) year. |
32 | B. In order to be eligible for the position of deputy chief, a person must (a) be a resident |
33 | of the district; (b) have held the office of lieutenant or above in an organized fire department in |
34 | the state of Rhode Island for not less than three (3) years; and (c) be an active member of the |
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1 | Carolina Volunteer Fire Association for at least one (1) year. |
2 | C. In the event that a vacancy exists on the board of directors and no said person who |
3 | meets the above qualifications is seeking the position, then the board of directors shall appoint a |
4 | special committee, approved by the eligible voters, to determine which qualifications shall be |
5 | modified. Said committee shall consist of the remaining members of the board of directors, the |
6 | treasurer, and two eligible voters who are neither officers of the district nor members of the |
7 | Carolina Volunteer Fire Association. |
8 | D. In order to be elected to and retain the position of member of the board of directors, |
9 | clerk, or treasurer, a person must be a resident of the district. |
10 | E. Any person choosing to run for district elective office shall not be required to resign |
11 | from any district office held within the district at that time, until said person be duly elected and |
12 | qualified to the new office. |
13 | XII. CHARTER REVISION |
14 | In the event that fifteen (15) eligible voters at any duly called meeting of the district shall |
15 | deem that this charter should be revised or amended, then and in that event, the board of directors |
16 | shall appoint a committee, approved by the majority of the eligible voters present, to study such |
17 | proposed amendments or revisions. Said committee shall report its findings at the next annual |
18 | meeting or at a special meeting called for such purpose. Any amendment or revision to this |
19 | charter must be present in the notice of such meeting at which it is to be voted upon. Upon |
20 | approval of any amendment or revision by the eligible voters of the district, the same shall be |
21 | referred to the Rhode Island general assembly during the current session, or if not in session at the |
22 | time, the next session, by the clerk, for enactment. |
23 | XIII. TAXABLE PROPERTY |
24 | The term taxable property of the district shall mean and intend to include all real and |
25 | personal property located within the boundaries of the district. |
26 | XIV. DEBT, BONDS, DEBENTURES AND REPAYMENT |
27 | The district is hereby authorized to incur a debt not to exceed three percent (3%) of the |
28 | total assessed valuation of all taxable property within the boundaries of the district as of the last |
29 | assessment made. |
30 | The district is hereby authorized to issue serial bonds or debentures, under its corporate |
31 | seal and name. Said bonds or debentures shall be in denominations and shall bear interest and be |
32 | upon such terms and conditions and shall be issued and sold by the district in such a manner and |
33 | at such times as the eligible voters of the district, by majority vote of those present and voting, |
34 | may decide at any annual meeting, special meeting or adjourned meeting or in lieu thereof, the |
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1 | eligible voters, by majority of those present and voting, may authorize the board of directors and |
2 | treasurer to supervise the issuance of said bonds or debentures. |
3 | The chairman of the board of directors and treasurer will sign all bonds and debentures |
4 | on behalf of the district. |
5 | The eligible voters at each annual meeting shall appropriate sufficient funds to meet the |
6 | obligations of principal and interest incurred by the issuance of any such bonds or debentures. |
7 | XV. EXEMPTION FROM TOWN TAX |
8 | A. All property within the boundaries of the Richmond-Carolina Fire District shall be |
9 | exempt from payment of that portion of the tax assessed by the town of Richmond which is |
10 | allocated for fire protection. |
11 | XVI. TRANSFER OF PROPERTY |
12 | A. All property now owned by the Carolina Volunteer Fire Association shall become |
13 | property of the district. |
14 | XVII. FISCAL YEAR |
15 | A. The fiscal year of the district shall be from July 1 through June 30. |
16 | SECTION 2. The question of approval of this act shall be submitted to the electors within |
17 | the boundaries described in Section 1, Subsection I A, at a special local election to be held on |
18 | July 1, 1986, from 7:00 a.m. to 9:00 p.m. by voting machine. The question shall be submitted in |
19 | substantially the following form: Shall an Act passed at the 1986 session of the general assembly |
20 | entitled "An Act Creating The Richmond-Carolina Fire District" be approved? The warning for |
21 | the election shall contain the question to be submitted. From until the time the election is warned |
22 | and the time it is held, it shall be the duty of the town clerk to keep a copy of the act available at |
23 | her office for public inspection, but the validity of the election shall not be affected by this |
24 | requirement or by the requirements of sections 17-5-5 and 17-5-6 of the general laws of Rhode |
25 | Island. |
26 | SECTION 3. This section and the foregoing section shall take effect upon the passage of |
27 | this act. The remainder of this act shall take effect upon the approval of this act by a majority of |
28 | those voting on the question at the election prescribed in the foregoing section. |
29 | APPENDIX A |
30 | Beginning at R.I. Route 91, at the Charlestown-Richmond line; |
31 | Thence running in a generally northerly direction to R.I. state boundary marker #36; |
32 | Thence turning and running N 74 15 W a distance of 1820 feet more or less, to R.I. state |
33 | boundary marker #37* located in Meadow Brook; |
34 | Thence turning and running northerly along the center of Meadow Brook to a point where |
| LC003811 - Page 12 of 26 |
1 | it intersects the center of Pine Hill Road; |
2 | Thence turning and running westerly along the centerline of Pine Hill Road to a point |
3 | where it intersects the center of Meadowbrook Trail; |
4 | Thence turning and running northerly along the center of Meadowbrook Trail to a point |
5 | where it intersects Jerue Trail; |
6 | Thence running along the centerline of Jerue Trail to a point where it intersects Haberek |
7 | Trail; |
8 | Thence running northeasterly along the centerline of Haberek Trail to a point where it |
9 | intersects Kenyon Hill Trail; |
10 | Thence easterly along the centerline of said Kenyon Hill Trail a distance of 1700 feet, |
11 | more or less, to a point opposite the southwest corner of the Foster Woods Subdivision, said |
12 | Subdivision plat is recorded in the Richmond Land Evidence Records; |
13 | Thence northerly along the easterly boundary of Lot 20 on Assessor's Plat 6B a distance |
14 | of 535 feet, more or less, to the northeast corner of said Lot 20; |
15 | Thence westerly along the northerly boundary of said Lot 20 a distance of 219.44 feet, to |
16 | the northwest corner of said lot; |
17 | Thence northerly along the easterly boundary of Lot 8 on Assessor's Plat 6B a distance of |
18 | 1380.01 feet, more or less, to the northeast corner of said Lot 8. |
19 | Thence northeasterly along the southeasterly boundary of Lots 1 and 2 on Assessor's Plat |
20 | 6B a distance of 953.29 feet, more or less, to the northeast corner of the Foster Woods |
21 | Subdivision; |
22 | Thence following the common boundary between the Foster Woods subdivision Open |
23 | Space and the Boulder Hills country club, (said country club plat is recorded in the Richmond |
24 | Land Evidence Records), along the following ten courses: |
25 | southeasterly 645.00 feet |
26 | southeasterly 499.40 feet |
27 | southeasterly 446.94 feet |
28 | southeasterly 279.16 feet |
29 | southwesterly 175.00 feet |
30 | westerly 680.00 feet |
31 | northwesterly 130.00 feet |
32 | southwesterly 240.00 feet |
33 | southwesterly 175.24 feet |
34 | southwesterly 100.00 feet |
| LC003811 - Page 13 of 26 |
1 | Thence continuing southwesterly 30.00 feet to the northerly boundary of Lot 16 on |
2 | Assessor's Plat 6B; |
3 | Thence easterly along the northerly boundary of Lots 16, 15 and 14 on Assessor's Plat 6B |
4 | and Lot 13-1 on Assessor's Plat 7B a distance of 693 feet, more or less, to the northeast corner of |
5 | said lot 13-1; |
6 | Thence easterly along the northerly boundary of Lots 13 and 12 on Assessor's Plat 7B a |
7 | distance of 376.84 feet to the northeast corner of said Lot 12; |
8 | Thence turning a running northerly, parallel to and 300.00 feet distant from said |
9 | Meadowbrook Trail to a point at the eastern end of Wildwood Court; |
10 | Thence continuing northerly, a distance of 185.22 feet, to a point; |
11 | Thence turning and running northwesterly, parallel to and 165.00 feet distant from |
12 | Wildwood Court and Meadowbrook Road, respectively, to the southerly line of Rhode Island |
13 | State Route No. 138; |
14 | Thence running northerly across said Rhode Island State Route No. 138 to a point on the |
15 | northerly side of state highway; |
16 | Thence turning and running northeasterly, a distance of 2,500.00 feet, more or less, to a |
17 | point; |
18 | Thence turning an interior angle of 163 00'00" and running northeasterly, a distance of |
19 | 1,400.00 feet, more or less to a point; |
20 | Thence turning and running easterly, a distance of 875.00 feet, more or less, to a point; |
21 | Thence turning and running northwesterly, a distance of 1,050.00 feet, more or less, to a |
22 | point; |
23 | Thence turning and running in a northerly direction, a distance of 750.00 feet, more or |
24 | less, to a point; |
25 | Thence turning and running easterly, a distance of 700.00 feet, more or less, to a point; |
26 | Thence turning and running northerly, a distance of 275.00 feet, more or less, to a point; |
27 | Thence turning and running easterly, a distance of 200.00 feet, more or less, to a point; |
28 | Thence turning and running northerly, a distance of 375.00 feet, more or less, to a point; |
29 | Thence turning and running northeasterly, a distance of 200.00 feet, more or less, to a |
30 | point; |
31 | Thence turning and running northwesterly, a distance of 200.00 feet, more or less, to a |
32 | point; |
33 | Thence turning and running southwesterly, a distance of 50.00 feet, more or less, to a |
34 | point; |
| LC003811 - Page 14 of 26 |
1 | Thence, turning and running northwesterly, a distance of 400.00 feet, more or less, to the |
2 | southwesterly line of the Carolina Nooseneck Road; |
3 | Thence running northwesterly to the centerline of said Carolina Nooseneck Road; |
4 | Thence running northerly along the centerline of said Carolina Nooseneck Road to a |
5 | point where said Carolina Nooseneck Road intersects the New London Turnpike; |
6 | Thence running northeasterly along the centerline of said New London Turnpike to a |
7 | point where said Turnpike intersects the Richmond-Exeter town line; |
8 | Thence proceeding generally easterly and southerly along the Richmond-Exeter town |
9 | line, bounded on the north and east by the town of Exeter, to the Richmond-South Kingstown |
10 | town line; |
11 | Thence proceeding along the Richmond-South Kingstown Line, bounded on the east by |
12 | the town of South Kingstown, to the Richmond-Charlestown town line; |
13 | Thence proceeding along the Richmond-Charlestown town line to the point and place of |
14 | beginning. |
15 | *Reference: Carolina Management Area Survey-Project Lu-RI-38-1 Site 4 by U.S.D.A. |
16 | Soil Conservation Service-10-12-40 on file at Arcadia Hdqrtrs. |
17 | A. Establishment and Purpose. |
18 | 1. The portion of the Town of Richmond, Rhode Island shown in Appendix A of this Act |
19 | is hereby incorporated as the Richmond-Carolina Fire District. The District shall have all the |
20 | powers that are or may be granted to quasi-municipal corporations under the laws of the State of |
21 | Rhode Island, including the power to acquire property by purchase, gift, devise, and lease; the |
22 | power to sell, lease, mortgage, hold, manage, and control property; the power to sue and be sued; |
23 | and the power to act jointly or in cooperation, by contract or otherwise, with any other fire district |
24 | or fire company, with the Town of Richmond, with any division or agency of the State of Rhode |
25 | Island, and with any department or agency of the United States. |
26 | 2. The purpose of the District is to protect the health, safety and welfare of residents of |
27 | the District by preventing fires, extinguishing fires, and preserving life and property endangered |
28 | by fires and other emergencies. |
29 | 3. The fiscal year of the District shall begin on July 1 and shall end on June 30. |
30 | B. Board of Directors. |
31 | 1. The administrative functions of the District shall be directed by a Board of Directors |
32 | consisting of a Chief, a First Deputy Chief, a Second Deputy Chief, and two (2) public members, |
33 | each of whom shall be a resident of the District and a voter in the District. |
34 | 2. A First Deputy Chief and a public member shall be elected to three (3)-year terms in |
| LC003811 - Page 15 of 26 |
1 | 2019, a Chief shall be elected to a three (3)-year term in 2020, and a Second Deputy Chief and a |
2 | public member shall be elected to three (3)-year terms in 2021. Thereafter, each member of the |
3 | Board of Directors shall be elected to a three (3)-year term. The members of the Board of |
4 | Directors serving on the date this Charter takes effect shall serve the remainder of their terms, |
5 | except that public member elected in June of 2017 shall remain in that office until June 2021. |
6 | 3. The Chief shall have held the rank of captain or above in a fire department or company |
7 | in Rhode Island for at least five (5) years and shall have been a District firefighter for at least one |
8 | year. The First Deputy Chief and the Second Deputy Chief shall have held the rank of lieutenant |
9 | or above in a fire department or company in Rhode Island for at least three (3) years and shall |
10 | have been a District firefighter for at least one year. If no person who meets these qualifications is |
11 | available to serve in the position, the Board of Directors shall have the authority to modify the |
12 | qualifications. Such a modification shall apply only to a single three (3)-year term. |
13 | 4. The Board of Directors shall elect one public member as Chair and one public member |
14 | as Vice Chair at the first Board of Directors meeting after the Annual Meeting. The Chair shall |
15 | preside at all District meetings and all meetings of the Board of Directors and shall prepare a |
16 | written report on the activities of the District for distribution at the annual District meeting. The |
17 | Vice Chair shall assume the Chair's duties in their absence. |
18 | 5. The Chief shall have command of the fire department, shall enforce the rules and |
19 | regulations of the department and the orders of the Board of Directors, shall resolve all disputes |
20 | concerning department business among members of the fire department, and shall have all the |
21 | powers delegated by the State of Rhode Island to the principal officers of fire departments. The |
22 | First Deputy Chief shall assume the authority and the duties of the Chief when the Chief is absent |
23 | or unable to perform their duties, and the Second Deputy Chief shall assume the authority and the |
24 | duties of the First Deputy Chief when the First Deputy Chief is absent or unable to perform their |
25 | duties. |
26 | 6. The Chief, the First Deputy Chief, and the Second Deputy Chief shall have the same |
27 | authority as the Richmond Building Official under Sec. 109.1 of the Rhode Island Property |
28 | Maintenance Code to declare a structure damaged by fire to be unfit for human habitation and to |
29 | order the occupants to vacate the structure; provided, however, that such a declaration shall |
30 | remain in effect only until it is superseded by an order of the Richmond Building Official, but in |
31 | no case for longer than seven (7) business days. |
32 | 7. The Board of Directors shall meet at least once a month at a regular day and time |
33 | determined by the Board. Special meetings may be called by the Chair or at the request of two (2) |
34 | other Board members. |
| LC003811 - Page 16 of 26 |
1 | 8. The Board of Directors shall have the following authority and responsibilities: |
2 | a) To adopt bylaws governing the administration of District business. |
3 | b) To determine the number of fire companies in the District and the geographical |
4 | location of each company. |
5 | c) To adopt rules and regulations for operation of the fire department and to issue orders |
6 | concerning safety, training, and maintenance of District property. |
7 | d) To enter into mutual aid agreements for fire protection and other emergency services. |
8 | e) To hire, discipline and terminate District employees and determine their compensation. |
9 | f) To appoint, discipline and terminate District firefighters. |
10 | g) To approve payment of invoices and claims. |
11 | h) To establish committees and appoint their members. |
12 | i) To retain professionals, including lawyers, accountants, and consultants, and determine |
13 | their compensation. |
14 | j) To enter into any contract necessary to effectuate the purposes for which the District |
15 | was established. |
16 | k) To lease and purchase equipment and services, to purchase and sell real property, and |
17 | to construct and maintain facilities. |
18 | l) To order an independent audit of each annual financial statement of the District. |
19 | m) To borrow money or issue bonds or notes, provided that any borrowing that would |
20 | increase the District's aggregate outstanding principal indebtedness to three percent (3%) of the |
21 | full assessed value of the taxable property in the District, not including borrowing in anticipation |
22 | of the receipt of taxes, shall first be approved by a majority of the District voters at an annual or |
23 | special District meeting. |
24 | 9. The Board of Directors shall recommend an annual budget for adoption by the voters |
25 | at the annual District meeting. The budget may provide for: |
26 | a) Maintenance and support of the fire department, including purchase or lease of real |
27 | property. |
28 | b) Purchase or lease of fire apparatus, firefighting equipment, emergency medical |
29 | equipment, and any other necessary equipment or furnishings. |
30 | c) Construction or maintenance of structures on real property owned or leased by the |
31 | District. |
32 | d) Establishment of a capital improvement fund for repair or replacement of property or |
33 | equipment. |
34 | e) Compensation for persons employed or retained by the District. |
| LC003811 - Page 17 of 26 |
1 | f) Payment of principal and interest incurred by the issuance of bonds or notes. |
2 | g) Any other expenditure necessary to effectuate the purposes for which the District was |
3 | established. |
4 | C. Clerk. |
5 | 1. The Board of Directors shall appoint a qualified person as Clerk. The Clerk shall be a |
6 | resident of the District and a voter in the District, and shall serve at the pleasure of the Board of |
7 | Directors. |
8 | 2. The Clerk shall give public notice of every regular and special District meeting, and |
9 | shall take and maintain minutes of every such meeting, in the manner required by this Charter and |
10 | the District bylaws. |
11 | 3. The Clerk shall give public notice of every regular and special meeting of the Board of |
12 | Directors and every meeting of every committee and subcommittee, and shall take, post, and |
13 | maintain minutes of every such meeting in the manner required by Chapter 46 of Title 42, of the |
14 | General Laws and the District bylaws. |
15 | 4. The Clerk shall carry out any other duties assigned by the Board of Directors. |
16 | D. Treasurer. |
17 | 1. The Board of Directors shall appoint a qualified person as Treasurer. The Treasurer |
18 | need not be a resident of the District or a voter in the District. The Treasurer shall serve at the |
19 | pleasure of the Board of Directors. |
20 | 2. The Treasurer shall carry out the financial monitoring and reporting duties required by |
21 | Chapter 12 of Title 45, of the General Laws, including day-to-day supervision of District |
22 | finances, prepare the quarterly reports required by law, and prepare any other financial report |
23 | required by law or requested by the Board of Directors. |
24 | 3. The Treasurer shall issue bonds or notes authorized by the Board of Directors or the |
25 | District voters. Bonds, notes, and other instruments issued on behalf of the District shall be |
26 | cosigned by the Treasurer and the Chair. |
27 | 4. The Treasurer shall receive, record, and deposit all funds received, including tax |
28 | revenue, and shall invest surplus cash in an interest-bearing account with the approval of the |
29 | Board of Directors. |
30 | 5. The Treasurer shall prepare a monthly written income and expenditure report to the |
31 | Board of Directors, and an annual report on the finances of the District for the annual District |
32 | meeting. |
33 | 6. The Treasurer shall pay invoices and other financial obligations of the District in |
34 | accordance with the procedure in the District bylaws. |
| LC003811 - Page 18 of 26 |
1 | 7. The Treasurer shall be bonded by a surety bond in an amount determined by the Board |
2 | of Directors. In no case shall the amount of the bond be less than One Hundred Thousand Dollars |
3 | ($100,000). The District shall pay the cost of the bond. |
4 | E. Assessment and Collection of Taxes. |
5 | 1. Taxable real and personal property within the District shall be assessed at a value |
6 | identical to the value determined by the Richmond Tax Assessor for the same property as of |
7 | December 31 of the previous year. Property exempted from taxation by the Town of Richmond |
8 | and property exempt from taxation by state or federal law shall be exempted from taxation by the |
9 | District. Property within the District owned by the Town of Richmond shall be exempt from |
10 | taxation by the District. |
11 | 2. The Board of Directors shall appoint a qualified person as Tax Collector. The Tax |
12 | Collector need not be a resident of the District or a voter in the District. The Tax Collector shall |
13 | serve at the pleasure of the Board of Directors. The Tax Collector shall have all the powers and |
14 | duties conferred on municipal tax collectors by law. The Tax Collector shall maintain a complete |
15 | record of all taxes assessed, all taxes paid, and all overdue accounts, and shall prepare a monthly |
16 | written report to the Board of Directors. |
17 | 3. The Board of Directors may appoint a qualified person as Deputy Tax Collector to |
18 | assist the Tax Collector. The Deputy Tax Collector need not be a resident of the District or a |
19 | voter in the District. The Deputy Tax Collector shall serve at the pleasure of the Board of |
20 | Directors and shall work under the direction of the Tax Collector. The Deputy Tax Collector shall |
21 | have all the powers of the Tax Collector. |
22 | 4. Annually, after receipt of the Richmond Tax Assessor's certified tax roll, the Tax |
23 | Collector shall prepare and mail tax bills based on the certified tax roll and the tax resolution |
24 | approved by voters at the annual District meeting. Tax reductions or abatements granted by the |
25 | Town of Richmond pursuant to ordinance or statute, including agreements for payments in lieu of |
26 | taxes, shall not apply to taxes assessed by the District unless otherwise specifically provided by |
27 | law. |
28 | 5. Taxes shall be due in full on September 30. Interest at the rate of twelve percent (12%) |
29 | per annum shall be assessed on all overdue accounts from the date the taxes are due to the date |
30 | the taxes are paid. All taxes assessed on real or personal property in the District shall constitute a |
31 | lien on the taxpayer's real property located in the District for a period of three (3) years after the |
32 | date of assessment or, if the real property is not sold or conveyed, until the taxes are collected. |
33 | 6. The Tax Collector and the Deputy Tax Collector, if one is appointed, shall be bonded |
34 | by a surety bond in an amount determined by the Board of Directors. In no case shall the amount |
| LC003811 - Page 19 of 26 |
1 | of the bond be less than Fifty Thousand Dollars ($50,000). The District shall pay the cost of the |
2 | bond. |
3 | F. District Meetings. |
4 | 1. Every qualified voter in the Town of Richmond who resides in the District, and every |
5 | natural person who pays property taxes to the District, whether or not that person resides in the |
6 | District, shall have the right to vote at District meetings. Before each District meeting, the Clerk |
7 | shall obtain from the Richmond Canvassing Authority a list of qualified Richmond voters, and |
8 | shall obtain from the Tax Collector a list of District taxpayers. Those lists shall be used to verify |
9 | that persons voting at the meeting are qualified to vote. |
10 | 2. The Clerk shall give notice of District meetings at least ten (10) days before the date of |
11 | the meeting by posting the agenda, with the date, time, and location of the meeting, at the H. L. |
12 | Arnold Public Safety Complex, at the Richmond Town Hall, at three (3) other public places in the |
13 | District, and on the District website. |
14 | 3. The Annual Meeting of the District shall take place no later than June 15 on a day and |
15 | time and at a location determined by the Board of Directors. |
16 | 4. Special District meetings may be called by a majority vote of the Board of Directors, |
17 | or by a petition of District voters. The petition shall be signed by no fewer than fifty (50) District |
18 | voters and shall state the specific purpose of the meeting. The petition shall be delivered to the |
19 | Clerk. After verifying that the persons who signed the petition are qualified voters in the District, |
20 | the Clerk shall deliver the petition to the Board of Directors, who shall set a date, time, and |
21 | location for the special meeting. The special meeting shall take place within thirty (30) days of |
22 | the day the Clerk receives the petition. Notice of a special meeting shall be given in the same |
23 | manner as notice of the Annual Meeting. |
24 | 5. Twenty (20) District voters shall constitute a quorum. If a quorum is not present when |
25 | the meeting is scheduled to begin, the Chair may delay the start of the meeting until a quorum is |
26 | present. All questions shall be decided by a majority vote of the District voters present and |
27 | voting. |
28 | 6. Upon the affirmative vote of twenty percent (20%) of the District voters present and |
29 | voting, any question involving the expenditure of money or the incurring of debt shall be taken by |
30 | ballot. |
31 | 7. Procedural issues at any District meeting shall be resolved by referring to the most |
32 | recent edition of Robert's Rules of Order, Newly Revised, published by the Robert's Rules |
33 | Association. |
34 | 8. The voters at the Annual Meeting shall adopt a budget for the next fiscal year, shall fill |
| LC003811 - Page 20 of 26 |
1 | any expiring or vacant elective position, shall order the assessment and collection of taxes, and |
2 | shall dispose of any other lawful business listed on the meeting agenda. |
3 | G. Elections. |
4 | 1. At each Annual Meeting, voters shall elect persons who are District residents and |
5 | qualified voters to fill any vacant seat on the Board of Directors. |
6 | 2. A person who wishes to be considered for an elective position shall submit their name, |
7 | address, and the office they seek to the Board of Directors in writing at least thirty (30) days |
8 | before the Annual Meeting. The Board of Directors shall verify that each person is qualified to |
9 | serve in the position they seek. |
10 | 3. At the Annual Meeting, the Board of Directors shall present the names of the qualified |
11 | candidates to the voters. Nominations from the floor shall not be accepted. If there are two (2) or |
12 | more candidates for a seat, the election shall be by ballot. The Board of Directors shall cause the |
13 | ballots to be printed in advance. The names of the candidates for each seat shall be listed in |
14 | alphabetical order. The Chair shall choose two (2) or more persons to examine the ballots cast |
15 | and compile the vote totals. |
16 | 4. Immediately after the election, the Clerk shall administer the oath of office to each |
17 | newly-elected member of the Board of Directors. The oath shall be as follows: I, [name], having |
18 | been duly elected to office by the voters of the Richmond-Carolina Fire District, do hereby swear |
19 | that I will carry out all of the obligations and responsibilities of my office in accordance with the |
20 | Charter and the bylaws of the Richmond-Carolina Fire District to the best of my ability. |
21 | 5. Members of the Board of Directors shall serve until their successors are elected or |
22 | appointed. If a member becomes unable or ineligible to serve, the Board of Directors shall |
23 | appoint a qualified person to fill the vacant seat. If such an appointment takes place during the |
24 | first or second year of a three (3)-year term, the voters at the next annual District meeting shall |
25 | elect a qualified person to serve the remainder of the term. |
26 | H. Indemnification. |
27 | All elected and appointed officials, employees, and firefighters of the District shall be |
28 | indemnified from all loss, cost, expense, and damage, including legal fees and court costs, arising |
29 | out of any claim, action, compromise, settlement, or judgment by reason of any alleged |
30 | intentional tort or act, error, misstatement, action or omission, or neglect or violation of the rights |
31 | of any person under any federal or state law, including misfeasance, malfeasance, or nonfeasance, |
32 | or any act, omission, or neglect contrary to any federal or state law that imposes personal liability |
33 | on any elected or appointed official, any employee, or any firefighter of the District, if they were |
34 | acting within the scope of their official duties or employment at the time of the intentional tort or |
| LC003811 - Page 21 of 26 |
1 | act, omission or neglect; provided, however, that no indemnification shall be available to an |
2 | elected or appointed official, employee, and firefighter if the misstatement, error, act, omission, |
3 | or neglect resulted from willful, wanton, or malicious conduct. |
4 | I. Charter amendments. |
5 | 1. The Board of Directors shall have the authority to initiate amendment or revision of the |
6 | District's legislative Charter by preparing and recommending amendments or by appointing a |
7 | committee of District voters to prepare and recommend amendments. |
8 | 2. Proposed amendments to the Charter shall be submitted to members of the Rhode |
9 | Island Senate and House of Representatives who represent the District for introduction and |
10 | enactment. Enactment shall be subject to approval by a majority of the voters present and voting |
11 | at an annual or special District meeting. The meeting notice shall state that a vote on approval of |
12 | amendments to the Charter will take place, and shall state where and when any interested person |
13 | may examine or obtain a complete copy of the amendments. The entire Charter, as amended by |
14 | the General Assembly, shall be posted on the District website at least ten (10) days before the |
15 | date of the meeting. |
16 | 3. If a majority of the voters present and voting at a District meeting approve the Charter |
17 | amendments, the amendments shall take effect. |
18 | APPENDIX A. |
19 | Beginning at R.I. Route 91, at the Charlestown-Richmond line; |
20 | Thence running in a generally northerly direction to R.I. state boundary marker #36; |
21 | Thence turning and running N 74 15 W a distance of 1820 feet more or less, to R.I. state |
22 | boundary marker #37* located in Meadow Brook; |
23 | Thence turning and running northerly along the center of Meadow Brook to a point where |
24 | it intersects the center of Pine Hill Road; |
25 | Thence turning and running westerly along the centerline of Pine Hill Road to a point |
26 | where it intersects the center of Meadowbrook Trail; |
27 | Thence turning and running northerly along the center of Meadowbrook Trail to a point |
28 | where it intersects Jerue Trail; |
29 | Thence running along the centerline of Jerue Trail to a point where it intersects Haberek |
30 | Trail; |
31 | Thence running northeasterly along the centerline of Haberek Trail to a point where it |
32 | intersects Kenyon Hill Trail; |
33 | Thence easterly along the centerline of said Kenyon Hill Trail a distance of 1700 feet, |
34 | more or less, to a point opposite the southwest corner of the Foster Woods Subdivision, said |
| LC003811 - Page 22 of 26 |
1 | Subdivision plat is recorded in the Richmond Land Evidence Records; |
2 | Thence northerly along the easterly boundary of Lot 20 on Assessor's Plat 6B a distance |
3 | of 535 feet, more or less, to the northeast comer of said Lot 20; |
4 | Thence westerly along the northerly boundary of said Lot 20 a distance of 219.44 feet, to |
5 | the northwest comer of said lot; |
6 | Thence northerly along the easterly boundary of Lot 8 on Assessor's Plat 6B a distance of |
7 | 1380.01 feet, more or less, to the northeast comer of said Lot 8. |
8 | Thence northeasterly along the southeasterly boundary of Lots 1 and 2 on Assessor's Plat |
9 | 6B a distance of 953.29 feet, more or less, to the northeast comer of the Foster Woods |
10 | Subdivision; |
11 | Thence following the common boundary between the Foster Woods subdivision Open |
12 | Space and the Boulder Hills country club, (said country club plat is recorded in the Richmond |
13 | Land Evidence Records), along the following ten courses: |
14 | southeasterly 645.00 feet |
15 | southeasterly 499.40 feet |
16 | southeasterly 446.94 feet |
17 | southeasterly 279.16 feet |
18 | southwesterly 175.00 feet |
19 | westerly 680.00 feet |
20 | northwesterly 130.00 feet |
21 | southwesterly 240.00 feet |
22 | southwesterly 175.24 feet |
23 | southwesterly 100.00 feet |
24 | Thence continuing southwesterly 30.00 feet to the northerly boundary of Lot 16 on |
25 | Assessor's Plat 6B; |
26 | Thence easterly along the northerly boundary of Lots 16, 15 and 14 on Assessor's Plat 6B |
27 | and Lot 13-1 on Assessor's Plat 7B a distance of 693 feet, more or less, to the northeast comer of |
28 | said lot 13-1; |
29 | Thence easterly along the northerly boundary of Lots 13 and 12 on Assessor's Plat 7B a |
30 | distance of 376.84 feet to the northeast comer of said Lot 12; |
31 | Thence turning a running northerly, parallel to and 300.00 feet distant from said |
32 | Meadowbrook Trail to a point at the eastern end of Wildwood Court; |
33 | Thence continuing northerly, a distance of 185.22 feet, to a point; |
34 | Thence turning and running northwesterly, parallel to and 165.00 feet distant from |
| LC003811 - Page 23 of 26 |
1 | Wildwood Court and Meadowbrook Road, respectively, to the southerly line of Rhode Island |
2 | State Route No. 138; |
3 | Thence running northerly across said Rhode Island State Route No. 138 to a point on the |
4 | northerly side of state highway; |
5 | Thence turning and running northeasterly, a distance of 2,500.00 feet, more or less, to a |
6 | point; |
7 | Thence turning an interior angle of 163 00'00" and running northeasterly, a distance of |
8 | 1,400.00 feet, more or less to a point; |
9 | Thence turning and running easterly, a distance of 875.00 feet, more or less, to a point; |
10 | Thence turning and running northwesterly, a distance of 1,050.00 feet, more or less, to a |
11 | point; |
12 | Thence turning and running in a northerly direction, a distance of 750.00 feet, more or |
13 | less, to a point; |
14 | Thence turning and running easterly, a distance of 700.00 feet, more or less, to a point; |
15 | Thence turning and running northerly, a distance of 275.00 feet, more or less, to a point; |
16 | Thence turning and running easterly, a distance of 200.00 feet, more or less, to a point; |
17 | Thence turning and running northerly, a distance of 375.00 feet, more or less, to a point; |
18 | Thence turning and running northeasterly, a distance of 200.00 feet, more or less, to a |
19 | point; |
20 | Thence turning and running northwesterly, a distance of 200.00 feet, more or less, to a |
21 | point; |
22 | Thence turning and running southwesterly, a distance of 50.00 feet, more or less, to a |
23 | point; |
24 | Thence, turning and running northwesterly, a distance of 400.00 feet, more or less, to the |
25 | southwesterly line of the Carolina Nooseneck Road; |
26 | Thence running northwesterly to the centerline of said Carolina Nooseneck Road; |
27 | Thence running northerly along the centerline of said Carolina Nooseneck Road to a |
28 | point where said Carolina Nooseneck Road intersects the New London Turnpike; |
29 | Thence running northeasterly along the centerline of said New London Turnpike to a |
30 | point where said Turnpike intersects the Richmond-Exeter town line; |
31 | Thence proceeding generally easterly and southerly along the Richmond-Exeter town |
32 | line, bounded on the north and east by the town of Exeter, to the Richmond-South Kingstown |
33 | town line; |
34 | Thence proceeding along the Richmond-South Kingstown Line, bounded on the east by |
| LC003811 - Page 24 of 26 |
1 | the town of South Kingstown, to the Richmond-Charlestown town line; |
2 | Thence proceeding along the Richmond-Charlestown town line to the point and place of |
3 | beginning. |
4 | *Reference: Carolina Management Area Survey-Project Lu-RI-38-1 Site 4 by U.S.D.A. |
5 | Soil Conservation Service-10-12-40 on file at Arcadia Hdqrtrs. |
6 | SECTION 2. This act shall take effect upon passage. |
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LC003811 | |
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| LC003811 - Page 25 of 26 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO THE RICHMOND-CAROLINA FIRE DISTRICT | |
*** | |
1 | This act would repeal the current chapter for the Richmond-Carolina fire district and |
2 | would replace it with a charter supported by the town council of the town of Richmond and |
3 | approved by fire district voters at a special district meeting held on November 9, 2017. |
4 | This act would take effect upon passage. |
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LC003811 | |
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| LC003811 - Page 26 of 26 |