2020 -- H 7864

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LC004225

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

CREATING THE HOPE VALLEY AND WYOMING FIRE DISTRICT

     

     Introduced By: Representatives Kennedy, Price, and Azzinaro

     Date Introduced: February 26, 2020

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. The Hope Valley/Wyoming Fire District is hereby incorporated, restated

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and amended in the manner and form as follows and its provisions are restating any and all of the

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provisions of chapter 171 of the 1982 Public Laws entitled "An Act Creating the Hope

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Valley/Wyoming Fire District":

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I TITLE AND OBJECT

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     A. Title. All that part of the Towns of Hopkinton and Richmond, Rhode Island, described

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in Appendix A, Amendment A-1, Amendment A-2 and as hereafter amended, is herein

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incorporated into a fire district known as the Hope Valley/Wyoming Fire District.

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     B. Object. Its object shall be the prevention and extinguishment of fires, the protection

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and preservation of life and property endangered by fire or any related emergencies that may

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occur within the boundaries of the Hope Valley/ Wyoming Fire District.

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II ELIGIBLE VOTERS

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     A. Every person, having reached the age of eighteen (18) years who resides in said Hope

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Valley/ Wyoming Fire District and is an eligible voter in the towns of Hopkinton or Richmond or

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is a taxpayer to the Hope Valley/Wyoming Fire District, shall have the right to vote at any

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meeting of the Hope Valley/Wyoming Fire District or any adjournment thereof.

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     B. Any person who is granted an exemption, the amount of which exceeds the total

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assessment of said person's property, within Hope Valley/Wyoming Fire District, shall be

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considered an eligible voter.

 

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     C. No corporation or stockholder or officer thereof, nor any executor, administrator or

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trustee, nor any other person acting in a fiduciary capacity shall be eligible to vote.

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Ill MEETINGS

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     A. The annual meeting of the Hope Valley/Wyoming Fire District shall be held on the

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third Wednesday in July of each year at 7:00 p.m. at a location to be specified in the call of the

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meeting. The Board of Directors shall determine the location of said meeting. All meetings of the

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Hope Valley/Wyoming Fire District shall at all times be held within the boundaries of the Hope

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Valley/Wyoming Fire District.

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     B. Special meetings of the Hope Valley/ Wyoming Fire District may be called by the

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Board of Directors or upon written request, signed by at least twenty (20) eligible voters, setting

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forth the purpose of said call, delivered to the clerk. Said meeting shall be called within fourteen

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(14) days from the date of delivery of said request to the clerk.

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     C. Adjourned meeting. Any business conducted or transacted at any annual or special

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meeting may be referred to an adjourned meeting, upon request of the majority of eligible voters

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present at any such meeting, for the purpose of voting on such matters, either by paper ballot or

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machine. Voting hours and date shall be determined by the Board of Directors at a location within

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the boundaries of the Hope Valley/Wyoming Fire District that is easily accessible and convenient

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to the eligible voters of the Hope Valley/ Wyoming Fire District.

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     D. A public hearing shall be held on the last Thursday in June of each year for the

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purpose of presenting the proposed annual budget for the forthcoming year at a location and time

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determined by the Board of Directors. The public hearing shall at all times be held within the

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boundaries of the Hope Valley/Wyoming Fire District at a location that is easily accessible and

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convenient to the eligible voters of the Hope Valley/Wyoming Fire District. The clerk shall give

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notice of the public hearing in the manner provided for in Article VIII, Section B of this charter.

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IV Quorum

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     A. A quorum at any meeting of the Hope Valley/ Wyoming Fire District shall be twenty

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(20) eligible voters except at the monthly Board of Directors meeting where the quorum shall be

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three (3) Board members. In the event, that for any reason, a quorum is not present at the time a

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meeting is scheduled to open, the Board of Directors is herewith authorized to delay the opening

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time of said meeting for such period of time, as in the discretion of the Board of Directors, shall

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best serve the interests of the Hope Valley/Wyoming Fire District.

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V POWER OF THE ELIGIBLE VOTERS

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     (A)(1) All candidates for elected office must submit their name and the particular office,

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which they are seeking in writing, to the clerk by 4:30 p.m. thirty (30) days prior to the annual

 

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meeting. Nominations from the floor at the annual meeting shall be prohibited. All candidates for

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elected office must meet the qualifications set forth in this chapter.

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     (2) They shall order such taxes and provide for the assessment and collection of same, on

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all real and such personal property within the boundaries of the Hope Valley/Wyoming Fire

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District as they deem necessary for the:

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     (a) Proper creation, maintenance and support of the fire department in said Hope

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Valley/Wyoming Fire District, including, but not limited to, the purchasing of real estate to house

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all necessary equipment and firefighting apparatus or for the betterment of the District.

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      (b) Purchase of all necessary fire apparatus and firefighting equipment and generally for

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all things necessary and proper for maintenance, with the Hope Valley/Wyoming Fire District, of

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a suitable and proper fire department and supplying it with proper equipment to carry into effect

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and attain the objectives of which this act is declaratory.

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     (c) Improvement in any manner they may deem necessary of the property belonging to

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the Hope Valley/Wyoming Fire District.

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     (d) Creation of a reserve fund for the future maintenance and replacement of property and

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apparatus.

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     (e) Payment of any charges and expenses arising within the Hope Valley/Wyoming Fire

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District, incidental or not to the above.

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     (f) Provision of salaries and employee's benefits to those persons presently or previously

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employed by the Hope Valley/Wyoming Fire District.

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     (3) They shall establish such penalties as they deem necessary on all taxes not paid, as

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provided in the assessment aforesaid.

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     (4) They shall exempt from taxation such property within the boundaries of the Hope

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Valley/Wyoming Fire District as shall be approved by the vote of seventy-five (75%) percent of

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the eligible voters present at any meeting of the Hope Valley/Wyoming Fire District. Provided,

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however, that no exemption shall be granted unless the request for said exemption shall be

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specifically set forth in the call of the meeting at which it is to be considered. Such exemption,

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when granted, shall continue indefinitely, unless a specific term shall be specified,

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VI PROPERTY EXEMPT FROM TAXATION

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     A. No property shall be exempt from taxation unless said exemption shall be approved in

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the manner aforesaid, Section V.A.4., except that property which is exempt by state or federal

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statute.

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VII OATH OF OFFICE

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     A. Upon election or appointment of any officer of the Hope Valley/Wyoming Fire

 

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District, the person elected or appointed, shall take the following oath of office, to be

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administered by the clerk. "I,_______________, having been duly elected/appointed to the office

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of _____________of the Hope Valley/ Wyoming Fire District, do hereby swear that I will carry

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out all obligations and responsibilities of said office in accordance with the charter of the Hope

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Valley/Wyoming Fire District and all rules and regulations therein, to the best of my ability. "

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VIII OFFICERS OF THE HOPE VALLEY/WYOMING FIRE DISTRICT

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     A. Board of Directors. The Board of Directors shall consist of five (5) members elected

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in the manner provided in Section IX A. of this charter.

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     (A)(1) The Board of Directors shall elect one of its members as chairperson and one of its

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members as vice chairperson. The chairperson, and in the absence of the chairperson, the vice

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chairperson, shall preside at all meetings of the Hope Valley/Wyoming Fire District and shall

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conduct all meetings in accordance with "Roberts Rules of Order" (latest revision).

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     (2) The Board of Directors shall appoint all committees.

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     (3) The chairperson of the Board of Directors shall administer the oath of office to the

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clerk.

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     (4) Whenever any vacancy shall occur either through death, resignation, disability, or

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removal for cause, the Board of Directors shall appoint a replacement to serve in such capacity

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until the next annual or special meeting, subject to the qualification of the district officers

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enumerated in subsection XI of this charter.

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     (5) The Board of Directors shall appoint a replacement as acting treasurer, who in the

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absence or disability of the treasurer shall have the authority to sign checks and assume other

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duties of the treasurer. Said person shall provide bond in the amount to be determined by the

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Board of Directors.

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     (6) The Board of Directors, acting on behalf of the Hope Valley/Wyoming Fire District,

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shall have the right to sue and be sued in the courts of this state having jurisdiction to hear, try or

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determine such causes. The Hope Valley/Wyoming Fire District shall indemnify any Board

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member, officer, or member for damages, judgment, settlements, costs and expenses incurred in

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connection with any action, suit or appeal therefrom, arising out of an alleged or actual breach of

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duty, neglect, error, misstatement, or omission, or any other matter claimed against said person

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solely by reason of their being an officer of the Hope Valley/ Wyoming Fire District.

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     (7) The Board of Directors may exempt from taxation such property within the

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boundaries of the Hope Valley/Wyoming Fire District. The Board of Directors may reduce or

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exempt taxes based upon hardship on a case-by-case basis. The Board of Directors based upon

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evidence/testimony of the requester shall determine hardship cases.

 

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     (8) The Board of Directors shall provide for the auditing of the financial record of the

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Hope Valley/ Wyoming Fire District.

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     (9) The Board of Directors shall approve all mutual aid contracts with other fire districts

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or fire departments.

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     (10) The Board of Directors shall approve all bills and prepare an annual budget for

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presentation to the voters at the annual meeting.

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     (11) The Board of Directors shall have the authority to retain legal counsel at an annual

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cost to be determined by the eligible voters of the Hope Valley/Wyoming Fire District. Said legal

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counsel shall be available in an advisory capacity for all committees of the Hope

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Valley/Wyoming ng Fire District and shall render legal opinions, whenever requested to do so, on

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any questions or inconsistencies pertaining to the charter.

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     B. Clerk. The appointed clerk shall give notice of every annual meeting, special meeting

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or adjourned meeting of the Hope Valley/Wyoming Fire District by placing a printed notice of

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the call of any such meeting in five (5) public places, at least seven (7) days prior to such

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meeting. Further, the clerk, shall advertise the call of such meeting, once in a local newspaper,

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within seven (7) days of such meeting. The clerk shall take the minutes of all meetings and shall

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be held responsible for the maintenance of same. The clerk shall administer the oath of office to

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all duly elected or appointed officers of the Hope Valley/Wyoming Fire District, except the office

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of clerk as hereinbefore provided.

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     C. Treasurer. The treasurer, appointed in a manner provided in section IX of this charter,

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before proceeding to discharge these duties, shall give bond to the Hope Valley/Wyoming Fire

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District in such sum and with such surety as the eligible voters may determine, which will

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

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clerk.

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     The treasurer shall pay out and expend only those funds that are authorized to be

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expended by vote of the eligible voters of the Hope Valley/Wyoming Fire District at any annual

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meeting, special meeting or adjourned meeting. The Treasurer shall have the authority to hire

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such sums, subject to the limitations as hereinafter set forth, to carry on the affairs of the Hope

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Valley/Wyoming Fire District and shall have the authority to invest any surplus funds, subject to

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the advice and consent of the Board of Directors, in any interest bearing accounts bylaw.

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     D. Tax Collector. The tax collector, appointed in a manner provided in section IX of this

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charter, before proceeding to discharge these duties, shall give bond to the Hope Valley/

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Wyoming Fire District in such sum and with surety as the eligible voters of the Hope Valley/

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Wyoming Fire District shall determine, which will provide for the faithful performance of the

 

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duties of the office. Said bond is to be deposited with the clerk.

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     The tax collector shall pay over to the treasurer on the first business day of each month

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the total taxes collected during the previous month, or at frequent intervals, at the option of the

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tax collector.

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     The tax collector may determine and assess all real and tangible property, other than

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motor vehicles, located within the boundaries of the Hope Valley/Wyoming Fire District, on

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December 31st of each year in the same amount assessed by the towns of Richmond and

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Hopkinton. The tax collector shall have the power to assess any property exempt, omitted,

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understated or overstated by the towns of Hopkinton and Richmond. The date of collection shall

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be the September 30th following said assessment. Provided, however, in the event of the grand

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list of the towns of Hopkinton and Richmond is not certified by June 15th of any year, the tax

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collector, on approval of the Board of Directors shall have the authority to change the date of said

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collection not more than thirty (30) days from the date of said certification of the grand list by the

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towns of Hopkinton and Richmond.

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     The tax collector shall, after receipt of the list of assessment from the towns of Hopkinton

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and Richmond and assessing any property omitted, exempted, understated or overstated, produce

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a tax bill based on the tax rate approved by the eligible voters of the Hope Valley/Wyoming Fire

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District and further shall maintain records on all tax collections and delinquent charges and

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provide annual written reports thereof.

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     The tax collector shall be empowered, subject to approval by a majority of the Board of

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Directors, to appoint an agent for collection of taxes. Said agent at the time of appointment shall

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give bond to the Hope Valley/Wyoming Fire District in such sum and with surety as the eligible

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voters of the Hope Valley/Wyoming Fire District shall determine, which will provide for the

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faithful performance of the duties of said agent.

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     E. Board of Assessment Review

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     (a) Membership; appointment; term; filling of vacancies. There shall be a board of

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assessment review consisting of three (3) members appointed by the Board of Directors for a term

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of three (3) years. The members first appointed shall serve for a term of one, two (2) and three (3)

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years respectively. Each appointed member shall hold office on said board until a successor is

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appointed and qualified. Vacancies on said board which may occur in the appointed membership

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of said board, for any reason whatsoever, shall be filled by the Board of Directors for the

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unexpired term.

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     (b) Powers and duties as to appeals. The board of assessment review shall hear and

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consider appeals from property owners regarding the amount of property assessment as

 

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determined by the tax collector; provided however, such appeals are filed within thirty (30) days

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of the last date appointed for payment without penalty of such tax; and provided further, that in

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case such property owner has not filed an account of all the ratable personal estate owned or

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possessed by the same, within the time prescribed by law, the taxpayer shall not have the benefit

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of any appeal regarding the assessment on the taxpayer's ratable personal estate unless the tax

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assessed on said personal estate is illegal in whole or in part; and said appeal shall be limited to a

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review of the assessment on real estate to relief with respect to such illegal tax, as the case may

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be. Said board shall have authority to administer oaths and receive testimony and exhibits. It shall

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have the power to change any assessment so applied and reviewed, but only after the tax collector

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has been given an opportunity to appear before the board or otherwise present the tax collector's

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case; provided however, that this provision shall in no way alter legal requirements existing on

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the effective date of this article relative to review of abatements. Hearings of the board of

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assessment review shall be open to the public. Nothing herein contained shall be construed in any

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way to limit or extend the right of a taxpayer to apply to a court of competent jurisdiction for

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relief from any assessed valuation or tax originally determined by the tax collector or

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subsequently by the board of assessment review in accordance with the general laws of Rhode

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Island, as amended, or any other law thereto appertaining and all amendments and additions to

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any such laws for relief from assessments as originally made by the tax collector. In the absence

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of the Board of Tax Assessment Review, the Board of Directors shall assume the powers and

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duties of said board.

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      (c) Procedures as to appeals. The procedure to be followed is the filing of appeals by the

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property owners from assessments as determined by the tax collector is as follows:

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     (1) All appeals to the board of assessment review shall be on petitions provided by such

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board

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     (2) All questions on said petitions must be answered fully.

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     (3) A separate petition shall be filed by an owner or owners for each parcel of property

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for which a review is requested or an appeal taken as provided herein.

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     (4) The landowners of record must file all petitions or if this is not possible, the mark of

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the signature of the landowner's legal representative must appear.

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     (5) Petitioners will be notified of the date, time, and place of the hearing.

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     (6) The landowner of record, or the landowner's representative, must appear at said

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hearing. If persons other than the owner of record are to appear, then a written authorization filed

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by the landowner of record must be presented and recorded with said board.

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     (7) Failure on the part of any petitioner or petitioner's legal representative to appear at the

 

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time and place designated by said board for a petition to be heard, without prior notification being

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given to the board, will be recorded as a default by nonappearance. Any petition for which a

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default is so recorded will not be reheard for a period of one fiscal year. No petition may be

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resubmitted for any year for which a prior petition was recorded as a default due to

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nonappearance of the petitioner or petitioner's legal representative.

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     (8) At any and all hearings, the petitioner may be represented by his or her attorney and

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any petitioner may present expert witnesses or any other witnesses who may testify at the hearing

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before said board.

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     (9) All testimony given before said board shall be under oath and shall be tape recorded.

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     (10) The proceedings of the board of assessment review shall be recorded and kept in a

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minutes book provided by said board.

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     (11) All decisions of the board of assessment review shall be made in writing. Notice

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shall be given in writing to the owner, tax collector and treasurer.

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     (12) All petitioners shall be notified in writing of the decision of said board and the

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amount of assessment of their property by said board.

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     (13) All petitions will be acknowledged by the board of assessment review by mail.

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     (d) Qualifications and organization of board. The members of the board of assessment

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review shall be selected upon the basis of their knowledge of the subject of property taxation and

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real estate values and shall at the time of their appointment have been residents of the Hope

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Valley/Wyoming Fire District and shall continue during their terms of office. If a member of said

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board shall cease to be a resident, said office shall be deemed vacant. The members of said board

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shall constitute a quorum. The members of said board at their first meeting shall elect one of their

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members as chairman and thereafter shall elect a chairman upon the appointment of any new

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member for a full term or whenever the office may become vacant.

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     F. District Chief. The district chief shall have full command of the fire district other than

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in areas so designated within this act. He or she shall decide disputes and questions arising out of

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matters connected with the fire district among the officers and personnel. He or she shall be

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responsible for property of the Hope Valley/Wyoming Fire District and shall enforce the rules

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and regulations of the Hope Valley/Wyoming Fire District. The district chief shall report monthly

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to the Board of Directors and shall have the powers and duties delegated by the state of Rhode

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Island to the principal officer of the fire departments located within the state of Rhode Island.

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     G. If the chief should become incapacitated such that he or she cannot perform the duties

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of chief for an extended period of time, the Board of Directors may appoint an acting chief to

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serve until the chief is able to again carry out his or her responsibilities. If the position of chief

 

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should become vacant, the Board of Directors shall appoint an acting chief to serve until a new

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chief is appointed.

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     H. First district deputy chief. The first district deputy chief shall assist the district chief.

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In the event of the absence or disability of the district chief, for any reason, the powers and duties

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of the district chief shall devolve upon the first district deputy chief.

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     I. Second District deputy chief. There shall be a second district deputy chief. The second

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district deputy chief shall assist the district chief. In the event of the absence or disability of the

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district chief and the first district chief, for any reason, the powers and duties of the district chief

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shall devolve upon the second district deputy chief.

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     (1) The remaining number of district deputy chiefs is to be determined by the Board of

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Directors to the needs of said fire district, but shall not be allowed to exceed five (5) district

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deputy chiefs in total. The additional district deputy chiefs shall follow the same chain of

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command as the first district deputy chief and second district deputy chief by their assigned

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position by the Board of Directors.

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IX TERMS OF OFFICE

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     (A) The district clerk shall be appointed by the Board of Directors. Said district clerk

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need not be a resident of said fire district and/or a taxpayer of said fire district. Qualifications for

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said position shall be the responsibility of the Board of Directors. The district clerk shall serve at

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the pleasure of the Board of Directors. All elections for members of the Board of Directors will

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be to three (3) year terms.

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     (B) The district chief shall be appointed by the Board of Directors, and shall serve at the

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pleasure of the Board of Directors.

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     (C) The district deputy chiefs shall be appointed by the Board of Directors, and shall

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serve at the pleasure of the Board of Directors.

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      (D) The Board of Directors shall have a written policy as to the procedures for

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appointing the district chief and district deputy chiefs and shall post same when a vacancy should

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occur. The Board of Directors shall also post all qualifications for the position of chief and/or

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district deputy chiefs when a vacancy should occur.

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     (E) The tax collector shall be appointed by the Board of Directors. Said tax collector need

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not be a resident of said fire district and/or a taxpayer of said fire district. Qualifications for said

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position shall be the responsibility of the Board of Directors. The tax collector shall serve at the

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pleasure of the Board of Directors.

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     (F) The treasurer shall be appointed by the Board of Directors. Said treasurer need not be

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a resident of said fire district and/or a taxpayer of said fire district. Qualifications for said position

 

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shall be the responsibility of the Board of Directors. The treasurer shall serve at the pleasure of

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the Board of Directors.

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X PROCEDURE TO REMOVE DISTRICT OFFICERS

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     (A) In the event that charges are brought against any officer of the Hope

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Valley/Wyoming Fire District by complaint filed with the Board of Directors alleging conduct

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inconsistent with objectives of this charter, the Board of Directors shall have a special meeting

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and there shall be a committee appointed by the Board of Directors which will consist of three (3)

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members. The committee shall be filled according to the following order, exempting any of the

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following who may be subject to any charges, Board of Directors, district chief, all district deputy

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chiefs, and any consultants if needed.

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     Said committee will hear the charges. Any person(s) so charged shall be afforded the

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opportunity to present testimony and witnesses in their defense, and to be represented by legal

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counsel, or by any other representative. Within fourteen (14) days following said hearing the

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committee shall call a special meeting to present a report of said charges. The results will then be

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given to said officer(s). All matters concerning this will remain private unless released by the

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officer(s) who was charged.

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XI QUALIFICATIONS OF DISTRICT OFFICERS

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     (A) District fire chief. In order to be eligible for district chief, a person must: (a) Have

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seven (7) years progressively responsible firefighting experience; two (2) years of which must

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have been in a supervisory capacity; (b) Required knowledge, skills and abilities, thorough

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knowledge of principals of supervision and management practices and procedures; considerable

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knowledge of laws, ordinances, codes, and regulations effecting goals, objectives, and department

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operation; a working knowledge of interpersonal communication skills; working knowledge of

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modern practices related to personnel management and motivation; a working knowledge of

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firefighting techniques and equipment; a working knowledge of the recruitment and retention of

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volunteers; a working knowledge of working with and directing a combination department; and a

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working knowledge of fire/arson investigation procedures.

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     Ability to plan, organize, and direct the implementation of overall fire department

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programs and objectives; ability to direct and supervise various levels of volunteer and paid

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firefighters; ability to evaluate performance without partiality; ability to communicate effectively,

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verbally and in writing; ability to make quick and accurate decisions in emergency situations; and

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ability to develop an effective working relationship with the Board of Directors, local elected

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officials, area industries, area businesses, and the general public.

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     Must have the ability to prepare and implement mutual aid contracts and agreements;

 

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must be willing to take an active part in national, regional, state, and local fire related

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organizations in the best interest of the fire district.

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     Must have the ability to prepare and administer the fire district's annual budget in

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conjunction with the Board of Directors.

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     Must be a member of the Hope Valley/Wyoming Fire District and been an active member

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of an active fire department within said fire district for seven (7) years.

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     The District Chief may serve to the age sixty-five (65) years old or until the retirement

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age stipulated by social security for his/her age group whichever comes first. The Chief of the

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District may also request a waiver from the Board of Directors to extend their eligibility on a

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yearly basis.

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     (B) District Deputy Chiefs. In order to be eligible for the position of district deputy chief

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a person must: (a) Have five (5) years progressively responsible firefighting experience; two (2)

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years of which must have been a supervisory capacity of a lieutenant or above; (b) Required

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knowledge, skills and abilities; basic knowledge of principals of supervision and management

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practices and procedures; basic knowledge of laws, ordinances, codes, and regulations effecting

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goals, objectives, and department operation; a working knowledge of interpersonal

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communication skills; working knowledge of modern practices related to personnel management

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and motivation; a working knowledge of firefighting techniques and equipment; a working

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knowledge of working with and directing a combination department; an ability to take orders and

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give orders; a willingness to participate in continuing education programs when available; should

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have the ability to develop effective working relationships with senior officers, firefighters, Board

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of Directors, local elected officials, area industries, area businesses and the general public, should

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have the ability to perform and implement mutual aid agreements; (c) Must be a resident of the

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Hope Valley/Wyoming Fire District and have been an active member of an active fire department

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within said fire district for five (5) years. An exception to the residency requirement is addressed

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in article XI, section (C).

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     (C) In the event that a vacancy exists in the district fire chief's position and/or a district

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deputy chief's position and the Board of Directors deems that no person meets the qualifications

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and/or no one is seeking said position, the Board of Directors may appoint a special committee to

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determine which qualifications may be modified in order to fill said vacancy.

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     The committee shall consist of the Board of Directors and four (4) officers, of the rank of

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captain or above, none of which can be seeking the vacated position.

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     A two thirds (2/3) majority vote shall be required of said committee to modify said

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qualifications.

 

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     Qualifications for residency within said fire district, if so modified, will have a

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requirement that the appointed non-resident relocate to said fire district within six (6) months.

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     Any modifications so approved by said committee shall only be in force for the one

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appointment in question.

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     (D) In order to be elected to and retain the position of member of the Board of Directors,

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the person must be a resident and eligible voter of the Hope Valley/Wyoming Fire District, and

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shall not be an active fireperson within said district.

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     (E) Any person choosing to run for elective office within the Hope Valley/Wyoming Fire

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District shall not be required to resign from any office held within the Hope Valley/Wyoming

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Fire District at that time, until said person be duly elected to the new office.

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XII BOARD OF ENGINEERS

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     The Board of Engineers shall consist of the district chief, who shall serve as its

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chairperson, the district deputy chiefs, and the captains whose duties collectively shall be as

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follows:

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     (1) Shall meet on a regular basis as directed by the district chief;

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     (2) In the absence of the district chief, the next officer in the district's chain of command

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shall assume said position;

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     (3) Shall elect one of its members as a recording secretary whose responsibility shall be

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to record and file the minutes of all regular and special meetings of the Board of Engineers.

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     (4) Whenever a member of the Board of Engineers in the discharge of their duty, issues

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an order to any officer or firefighters of the Hope Valley/Wyoming Fire District, the order shall

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be faithfully carried out. In the case of disobedience or neglect, said person shall be subject to

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review by the Board of Engineers who may make recommendations to the district chief for

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disciplinary action(s).

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     (a) Any fireperson of the Hope Valley/Wyoming Fire District who is aggrieved by any

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decision of the district chief or Board of Engineers, may make appeal to the Board of Directors.

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     (b) The Board of Directors, within ten (10) days after the receipt by the clerk of a written

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notice of appeal, shall fix a time and place for convening a meeting.

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     (c) The hearing before the Board of Directors shall be conducted in an informal manner,

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and the action taken by the Board of Directors shall be final.

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      (d) All policies and procedures not related to fire ground operations must be first

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approved by the Board of Directors prior to being implemented.

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     (5)(a) The district chief at each annual meeting shall make a written report to the

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taxpayers as to the state of affairs of said fire district. Said report shall be presented to the Board

 

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of Directors thirty (30) days prior to the annual meeting for their review.

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     (b) The district chief shall present to the Board of Directors and their appointed budget

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committee an anticipated budget expenditures report for the coming fiscal year at least ninety (90)

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days prior to the annual meeting.

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     (6)(a) The District Chief shall prescribe, implement, and enforce all fire district

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operational policies and procedures as required by federal and state laws, and those that are

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recommended under NFPA Standards for health and safety of the district officers and firefighters.

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     (7) A majority of the members of the Board of Engineers, present at a fire, or in the event

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that there is only one member of the Board of Engineers present, may order such buildings to be

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pulled down or blown up, as they shall judge necessary to stop the progress of a fire.

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XIII CHARTER REVISIONS

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     In the event that fifteen (15) eligible voter at any duly called meeting of the Hope Valley/

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Wyoming Fire District shall deem that this charter should be amended or revised, then and in that

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event, the Board of Directors shall appoint a committee, approved by the majority of the eligible

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voters present, to study such proposed amendment or revision. Said committee shall report its

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findings at the next annual meeting or at a special meeting called for such purpose. Any

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amendment or revision to this charter must be present in the notice of such meeting at which it is

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to be voted upon. Upon approval of any amendment or revision by the eligible voters of the

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district, the same shall be referred to the Rhode Island State Legislature during the current

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session, or if not in session at the time, the next session, by the clerk, for enactment.

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XIV TAXABLE PROPERTY

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     The term taxable property of the Hope Valley/Wyoming Fire District shall mean and

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intend to include all real and tangible property, other than motor vehicles, located within the

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boundaries of the Hope Valley/Wyoming Fire District.

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XV DEBT, BONDS, DEBENTURES AND REPAYMENT

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     The Hope Valley/Wyoming Fire District is hereby authorized to incur a debt not to

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exceed three percent (3%) of the total assessed valuation of all taxable property within the

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boundaries of the Hope Valley/Wyoming Fire District as of the assessment last made.

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     The Hope Valley/Wyoming Fire District is hereby authorized to issue serial bonds or

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debentures, under its corporate seal and name. Said bonds or debentures shall be in

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denominations and shall bear interest and be upon such terms and conditions and shall be issued

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and sold by the Hope Valley/Wyoming Fire District in such a manner and at such times as the

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eligible voters of the Hope Valley/Wyoming Fire District, by majority vote of those present and

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voting, may decide at any annual meeting, special meeting or adjourned meeting or in lieu

 

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thereof, the eligible voters, by majority vote of those present and voting, may authorize the Board

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of Directors and treasurer to supervise the issuance of said bonds or debentures.

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     The chairman of the Board of Directors and treasurer will sign all bonds or debentures on

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behalf of the Hope Valley/Wyoming Fire District.

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     The eligible voters at each annual meeting shall appropriate sufficient funds to meet the

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

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XVI EXEMPTION FROM TOWN TAX

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     All property within the boundaries of the Hope Valley/Wyoming Fire District shall be

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exempt from payment of that portion of the tax assessed by the towns of Hopkinton and

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Richmond which is allocated to fire protection.

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XVII TRANSFER OF PROPERTY

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     All property now owned by the Hope Valley Volunteer Fire Association, Inc. shall

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become the property of the district.

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     SECTION 2. The question of the approval of this act has been submitted to the eligible

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voters who are qualified to vote as hereinbefore provided at a special meeting that was held on

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October 30, 2019 at 6:00 p.m. at the Hope Valley-Wyoming Fire District - Station 2 at 350

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Church Street, Wood River Junction, RI. The question was submitted in substantially the

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following form: "Was an act submitted to the 2020 session of the general assembly, entitled 'An

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act creating the Hope Valley/Wyoming Fire District', restated and amended?" and the warning for

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the special meeting contained the question to be submitted. From until the time the election was

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warned and until it was held, was the duty of the district clerk to keep a copy of the act available

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at the Hope Valley Fire Station at 996 Main Street, Hope Valley for inspection, but the validity of

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the election shall not be affected by the requirement or by the requirements of ยงยง 17-5-5 or 17-5-

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6.

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

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     SECTION 4. Any provision of the former act creating the 1982 Hope Valley/Wyoming

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Fire District in chapter 171 of the 1982 Public Laws, as amended, which are inconsistent with this

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act are disregarded.

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LC004225

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