2020 -- S 2248

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LC003953

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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

RELATING TO THE OAKLAND - MAPLEVILLE NUMBER 4 FIRE DISTRICT

     Introduced By: Senator Jessica de la Cruz

     Date Introduced: February 04, 2020

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 2, 3, 4, 5, 8, and 11 of an act entitled "An Act to Incorporate the

Oakland – Mapleville Number 4 Fire District" passed at the January session of the general

assembly A.D. 1934, as amended by P.L. 2009, Chapter 178, are hereby further amended to read

as follows:

     Sec. 2 The taxable inhabitants of said district qualified to vote in town of Burrillville

affairs on propositions to impose a tax or for the expenditure of money (thereafter called

"Voters") shall be eligible to vote and act at all meetings of the corporations.

     Sec. 3 The annual meeting of said district shall be held on the second third Wednesday in

September in each year. The clerk of said District shall, at least seven (7) days before said

meeting, give notice of the same by posting conspicuously in public places within the limits of

said District, not less than three (3) written or printed notices setting forth the time and place of

such meeting. The first meeting shall be held on the sixth (6th) Wednesday after the enactment of

this act in the town of Burrillville within the limits of the fire district, and A special meeting may

be called by twelve (12) or more of the voters of said district. Such call shall consist of posting in

the same manner and for the same time before such meetings as are the annual meetings. at least

five (5) public places within the said district of written or printed notices of such meeting setting

forth the time and place within said district where such meeting will be held, and shall be given at

lease seven (7) days before the time of such meeting. The notice shall also be published not less

than one week before the meeting in a public newspaper published daily and which has a

circulation within the town of Burrillville. No vote except upon an adjournment or on the election

of officers pro tempore shall be taken at any meeting of the district unless at least twelve (12)

voters are present at such meeting. All persons possessing the qualifications set forth in section 2

of this act shall be entitled to vote by ballot or otherwise as they determine, at said first meeting

upon the proposition: "Shall the Oakland-Mapleville Number 4 Fire District be established

according to the act of incorporation passed by the general assembly of the State of Rhode Island"

if a majority of the persons so qualified shall vote in the affirmative, said fire district shall be

established according to the provision of this act. If a majority of the persons so voting shall vote

in the negative, then this act shall become null and void.

     Sec. 4. The voters of the district at each annual meeting, may elect officers to serve one

year staggered terms according to Article II, Section B of the Bylaws of the District, until the next

annual meeting and until others may be chosen in their stead; which officers shall consist of a

moderator, clerk, treasurer, three (3) assessors and a collector of taxes, whose duties and powers

within said district shall be such as like officers of town in this state have in their respective

towns. Such officers shall constitute the operating committee and any vacancy that may occur in

any of the aforenamed offices between annual meetings shall be filled by some person to be

chosen by the other members of the operating committee to hold office until the next annual

meeting. The moderator shall be the chief executive officer of the district and shall be the official

spokesman for the district. The moderator shall serve as an ex-officio member of all committees

and subcommittees of the operating committee but shall vote only when necessary to break a tie.

The operating committee shall have full power to manage the affairs and interests of the fire

district. The operating committee shall appoint three (3) fire commissioners. The terms of office

of the fire commissioner shall be for three (3) years. It shall be the duty of the board of fire

commissioner to elect a fire chief. The fire commissioners shall have responsibility for

maintaining, repairing and insuring all property, real and personal owned by the district.

     The terms of office of the fire chief shall be for the period of one year. There shall be no

limitation on the number of terms a fire chief may serve. The fire chief shall have general

supervision and control of the fire companies and shall serve as liaison between the operating

committee and the fire companies.

     The three (3) assessors shall elect one of their members chairman of the board of

assessors. Their appointment shall be made in such manner that one member of the board shall be

appointed each year. The chairman shall be the official spokesman for the assessors.

     All officers, fire warden, commissioners and the fire chief shall be residents and voters of

the district.

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     Sec. 5. The voters of the district at any of their legal meetings, shall have power to order

such taxes, and provide for assessing and collecting the same on the taxable inhabitants and

property in said district, as they shall deem necessary for purchasing, hiring and otherwise

procuring real estate, buildings, implements and apparatus and a supply of water for the

extinguishing of fires; for the purpose of acquiring, furnishing and distributing water and

electricity throughout the district and for operating and maintaining the same purchasing, hiring

and otherwise procuring equipment for the providing of emergency medical services; for the

payment of the operating expenses of the district; for the preservation of the public peace; and for

the payment of any indebtedness incurred by the district; and such taxes so ordered shall be

assessed by the assessors of the said district on the taxable inhabitants and the property therein

according to the last valuation made by the assessors of the town next previous to said

assessment, adding, however, any taxable property which have been omitted by said town

assessors or after acquired, and in all cases where the town assessors have included property

within the district and property without the district in one valuation, the assessors of the district

shall make an equitable valuation of the portion of the same lying within the district; and in the

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

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

and collection of taxes; and the collector of taxes for the said district shall, for the purpose of

collecting taxes assessed by said district, have the same powers and authority as are now or may

hereafter be by law conferred on collectors of taxes for towns in this state. Said district may

provide for such deductions from the tax assessed against any person if paid by an appointed time

or for such penalty by way of percentage on the tax if not paid at the appointed time not to exceed

eighteen percent (18%) per annum, as they shall deem necessary to insure punctual payment. In

addition to any other sums to which it may be entitled in accordance with this charter and

applicable laws, in any action or proceeding to collect taxes, the district shall be entitled to collect

the reasonable costs of collection including attorney fees.

     The voters of said district at any of their legal meetings shall have power to order the sale

of real property and personal property owned by the district.

     Sec. 8. The operating committee of said district at any legal meeting shall have the power

to appoint so many men/women as they think needful to be formed into a hose company or hose

companies, and also a ladder company, or ladder companies fire company, and to make all such

laws and regulations for organizing, establishing and maintaining the same and the equipment

thereof as they shall see fit, and the members of such company shall be exempt from jury and

militia duty.

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     Sec. 11. Said district is hereby authorized, in such manner as may seem necessary and

proper, to contract for and procure electricity and water for the purpose specified in this act. All

the powers and privileges given to said district by this act shall only be exercised subject to an in

accordance with the existing franchise contract between the town of Burrillville and the Pascoag

water Company Utility District.

     SECTION 2. This act shall take effect upon passage and all acts and parts of acts

inconsistent herewith are hereby repealed.

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LC003953

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