2023 -- H 5379

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LC000653

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO HARRISVILLE FIRE DISTRICT

     Introduced By: Representatives Place, Rea, and Newberry

     Date Introduced: February 03, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 637 of the Public Laws of 1910 entitled "An Act to Incorporate the

Harrisville Fire District" as amended, is hereby further amended to read as follows:

     The Charter of the Harrisville Fire District

     Section (a) Establishment.

     A. Incorporation. Within the boundaries described below, there is hereby established a

district incorporated as a quasi-municipal corporation under the name of the Harrisville Fire District

("District").

     B. Purposes. The district is incorporated for the purposes of providing fire suppression and

emergency medical and ambulance services, and furnishing and distributing water, light, and power

throughout the district and beyond the same both within and without the district and the town of

Burrillville as provided herein, and for such other purposes as may be deemed necessary,

appropriate, or incidental to the foregoing.

     C. Powers. The district may have a common seal, sue and be sued, and enjoy the other

powers generally incident to the quasi-municipal corporation, including the following:

     1. To provide fire suppression, and emergency medical, rescue and ambulance services

within or without the territorial limits of the district or the town of Burrillville.

     2. To procure, distribute, and sell water within or without the territorial limits of the district

or the town of Burrillville.

     3. Subject to the approval of the public utilities commission and to all applicable provisions

of title 39 of the general laws and any regulation duly promulgated there under, to procure,

distribute, and sell light and power within the territorial limits of the district.

     4. To obtain, own, establish, operate, maintain, repair, improve, enlarge, and/or extend any

pipe, conduit, fire apparatus, building, facilities, or property of any kind in order to carry out the

purposes of the district.

     5. To acquire, hold, use, lease, sell, transfer and/or dispose of any property, real, personal

or mixed, or any interest therein for its corporate purposes, and to mortgage, pledge, or lease any

such property.

     6. To make by-laws for the management and regulation of its affairs.

     7. To borrow money for any of its corporate purposes, including the creation and

maintenance of working capital, and to issue negotiable bonds, notes, or other obligations and to

fund or refund the same.

     8. To contract in its own name for any lawful purpose deemed necessary to carry out the

purposes of the district.

     9. To execute all instruments necessary to carry out the purposes of the district.

     10. To enter into cooperative agreements with states, cities, counties, towns, or water, or

fire districts within or without the district for the interconnection of facilities and mutual aid or for

any other lawful corporate purposes necessary or desirable to carry out the purposes of the district.

     11. To fix rates and collect charges for the use or expansion of the facilities of or services

rendered by or for any water, commodities, or other utilities furnished by the district, such as to

provide revenues sufficient at all times to pay, as the same shall become due, the principal and

interest on the bonds of the district, together with the maintenance of proper reserves therefor, in

addition to paying, as the same shall become due, all operating expenses of the district together

with proper reserves for depreciation, maintenance, expansion, and contingencies and all other

obligations and indebtedness of the district.

     12. To levy and collect taxes on the taxable inhabitants of the district to carry out the

purposes of the district in the manner provided in this charter.

     13. To exercise the power of eminent domain in the same manner prescribed pursuant to

R.I.G.L. section 39-15-1, et seq., or R.I.G.L. section 24-1-1, et seq., in order to acquire property

for the purposes of the district.

     14. To do all things necessary or convenient in order to carry out any and all express or

implied purposes and powers of the district granted under this charter.

     D. Boundaries. The district shall have the boundaries as set forth below and as the same

may be amended from time to time:

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     All that part of the town of Burrillville starting at a southerly point of the Burrillville and

Glocester town line on Route 102, northwest to the intersection of Lapham Farm Road and Steere

Farm Road; northeast from said point to the northwest corner of the Sadowski house on 315 Central

Street, then northerly to a point one hundred eighty (180) feet west of the intersection of Whipple

Avenue and East Avenue; commencing north approximately 835 feet then turning in an east

southeasterly direction to the intersection of Spring Lake Road, Joslin Road and Branch River;

following the Branch River in a northeasterly direction to the Nasonville Fire District line; then

turning in a northwesterly direction along the Nasonville Fire District to the southeast corner of Lot

1, Map 8; turn westerly 263.48 feet along the southern boundary of Lot 1, Map 8; then northerly

332.62 feet; then westerly 1,119.17 feet along said lot 1, Map 8 and along the southerly boundary

of Lot 3 Map 7; then north 83.80 feet to the Massachusetts state line, said point being the the

northwest corner of the Nasonville Fire District boundary, and following said line due west to a

point three hundred (300) feet beyond Round Top Road; due southeast to the corner of Hill Road

and Centennial Street; bordering the Pascoag Fire District line, southerly through the intersection

of Union Avenue and Oak Street to a point nine hundred twenty-three (923) feet west of Memorial

Bridge on Main Street, Pascoag; due southeast from this point to the intersection of Mowry Street

and Lapham Farm Road, continue southeast along the Pascoag Fire District line to the Glocester

town line; due east on said line to the point of beginning, as recorded at the Harrisville Fire District

office.

     (b) Management and Officers

     A. Operating Committee -- Establishment.

     1. Except as otherwise provided herein, all the powers of the district shall be vested in and

exercised by an operating committee elected by the electors of the district and consisting of seven

(7) members who shall be residents and electors of the district and chosen as follows: at the first

annual meeting following the passage of this charter, two (2) members shall be elected for one (1)

year, two (2) members for two (2) years, and three (3) members for three (3) years; and, thereafter,

as the terms of the members expire, there shall be elected two (2) or three (3) members as the case

may be.

     2. Any vacancy that may occur in the operating committee shall be filled by a majority vote

of that committee, and the person so elected shall serve until the next annual or special meeting of

the district, at which time an election shall be held to fill the remainder of the unexpired term of the

departed member.

     B. Powers of the Operating Committee. The operating committee shall be responsible for

the overall management of the district. It shall have charge and control of all property of the district

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and shall have full authority to exercise all the powers and functions necessary to carry out the

purposes of the district. The operating committee's responsibilities shall include the following:

     1. To make a full and complete report at each annual meeting of the district of the

operations of the district and such other events and transactions as it may deem necessary and

appropriate.

     2. To prepare and submit a proposed budget and tax levy for all operations of the district

other than the water department for approval by the electors of the district at the annual meeting.

     3. To prepare and submit a proposed budget and anticipated revenues of the water

department for approval by the electors of the district at the annual meeting.

     4. To insert new items or increase any items in the budgets of the district whenever the

same may be deemed necessary or convenient, provided no budget may be exceeded by more than

2.5% without prior approval of the district at a special meeting.

     5. To have control of all fire apparatus belonging to the district except when under the

control of the fire chief as provided herein.

     6. To appoint a fire chief, superintendent of the water department, collector of taxes, and

such other officers and employees as it shall deem necessary to conduct the business of the district,

which said appointees, officers and employees shall act under the direction and control of the

operating committee, and to fix their salaries.

     7. To employ a certified public accountant to annually audit all accounts of the district.

     8. To act as a board of abatement with power to abate any district taxes, upon

recommendation of the district board of assessors established herein and in accordance with

applicable law.

     9. To act as the board of canvassers for the district and prepare the voting list to be used at

any annual or special meeting of the district.

     10. To make appointments to fill any vacancies on the operating committee or district

offices until the next annual or special meeting of the district.

     C. Officers.

     1. The officers of the district shall include a moderator, clerk, and three (3) assessors, who

shall comprise the district board of assessors. The duties and powers of said officers shall be such

as like other officers of towns in this state. All officers must be residents and electors of the district.

     2. The assessors shall be elected as follows: at the first annual meeting following the

passage of this charter, one (1) assessor shall be elected for one (1) year, one (1) assessor shall be

elected for two (2) years and one (1) assessor shall be elected for three (3) years; and thereafter, as

the terms of the assessors expire, one (1) assessor shall be elected each year for a term of three (3)

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years.

     3. Unless otherwise provided in the by-laws of the district, all other officers shall be elected

at the annual meeting of the district to hold office for a term of one (1) year or until a successor is

elected and qualified. Vacancies occurring in any office may be filled for the unexpired term by

the operating committee.

     4. The chairperson shall oversee the day-to-day operation of the district personnel and shall

make any determinations necessary to maintain satisfactory operation, should a situation that

requires immediate attention to avoid interruptions to the district occur.

     (c) Electors and Meetings

     A. Electors. The inhabitants of the district qualified and registered to vote for elected

offices in the town of Burrillville shall be the electors of the district and shall be eligible to vote

and act at any annual or special meeting of the district.

     B. Annual Meeting. The annual meeting of the district shall be held on the second Monday

Tuesday of June August in each year.

     C. Notice. All meetings, whether annual or special, shall be held at some suitable place

within the territorial limits of the district. All such meetings shall be publicized by posting notices

thereof in at least five (5) public places in the district, not less than one week prior to the date on

which such meeting is called. Notice shall also be published not less than one week prior to the

meeting in a public newspaper which is published daily and has a circulation within the town of

Burrillville. It shall be the duty of the clerk or the moderator to call a special meeting upon written

application signed by twelve (12) electors of the district or upon the order of the operating

committee. Whenever the subject of ordering a tax or an amendment to this charter is to be acted

upon, the same shall be so stated in the notice; provided, that notice of an annual meeting need not

mention that a tax levy is to be acted upon.

     D. Voting List. The voting list too be used at any annual or special meeting shall be

canvassed by the operating committee not more than forty-five (45) nor less than five (5) days

before the date of any such meeting. In preparing the district voting list, the operating committee,

sitting as the board of canvassers, shall canvas and correct the district voting list in the same

manner, or as near as may be, as provided by law for boards of canvassers of towns in this state;

provided, nevertheless, that it may rely upon the most recent registered voting list of the district as

compiled and maintained by the town of Burrillville.

     E. Quorum. Ten (10) electors shall be deemed to constitute a quorum for any meeting.

     F. Procedure

     1. Upon the demand of at least one-fifth of the electors present at any district meeting, any

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pending motion, resolution, or matter, other than a motion to adjourn or to amend a pending motion,

resolution, or matter, shall be called for a vote by the moderator.

     2. The clerk shall keep and maintain minutes of any meeting of the district, which shall

include the results of any votes taken. The minutes shall be read and approved by a vote taken at

the next annual or special meeting of the district.

     3. Except as otherwise provided in the by-laws of the district, a majority of electors present

and voting at any meeting of the district shall be necessary to approve any motion, resolution, or

matter called to vote.

     4. In the event that any elector shall desire to present any motion, resolution, or matter at

an annual meeting of the district that would require the appropriation of money, said elector shall

first present said motion, resolution, or matter to the operating committee at the advertised public

meeting of the operating committee scheduled immediately before the date of the annual meeting

of the district. In the event that said motion, resolution, or matter is rejected by the operating

committee, the elector may then present the same motion, resolution, or matter at the annual

meeting under new business, provided said elector files in writing a copy of said motion, resolution,

or matter with the operating committee at least ninety six (96) hours prior to the annual meeting.

In the event any motion, resolution, or matter is proposed at an annual meeting without first

complying with the aforesaid prerequisites, said motion, resolution, or matter shall be ruled out of

order.

     5. The district may enact such by-laws as it deems necessary and appropriate for the

regulation and conduct of its meetings as provided herein.

     (d) Taxation

     A. Authorization.

     1. At any meeting of the district, the electors of the district shall have the power to order

such taxes and provide for assessing and collecting the same on the ratable real estate and tangible

personal property in the district, including an excise tax on motor vehicles in accordance with

R.I.G.L. section 44-34-1, et seq., and as the same may be amended from time to time, as they shall

deem necessary to carry out the purposes of the district as provided herein. At any such meeting,

the electors shall also be empowered to authorize the board of assessors to impose a minimum tax

of not less than $10.00 $25.00 to be applied to any ratable real estate and tangible personal property,

the assessment for which would be less than the minimum tax at the uniform assessed rate.

     2. Such taxes so ordered shall be assessed by the board of assessors of the district on the

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

assessors of the town of Burrillville, adding however, any tax from property which may have been

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omitted by said town assessors or afterwards acquired, and in all cases where the town assessors

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

shall make an equitable valuation of that portion of said property lying within the district.

     3. The board of assessors is The operating committee, or those appointed by the operating

committee are also empowered to enter into binding agreements with adjacent water or fire districts

relative to the reasonable and equitable apportionment of taxes assessed on properties located along

their shared boundaries.

     4. In assessing and collecting said taxes, the officers of the district shall conduct such

proceedings and follow such procedures as the law requires be followed by the corresponding

officers of towns in assessing and collecting town taxes, to the extent practicable.

     5. The district may provide for such deduction from any tax assessed if paid by an

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

time, not exceeding eighteen percent (18%) per annum, as it may deem necessary to insure punctual

payment. The district may also include liens and/or legal fees required to collect said payments.

     B. Assessment.

     1. The district board of assessors operating committee shall annually levy and assess a tax

at such a rate so as to provide revenue sufficient to pay all operating expenses together with any

other items set forth in the budget for the current year, on all property within the limits of the

district, or belonging to the residents thereof, which is liable to taxation under this charter, said levy

and assessment to be made by the assessors operating committee on or before August 15th in each

year. The board of assessors operating committee, upon completing the assessment for the year,

shall date and sign the same.

     2. The tax so assessed shall be due and payable on or before September October 1st in each

year and all taxes remaining unpaid on September 30th October 31st in each year shall thereafter

bear interest at a rate established by the operating committee.

     3. The tax rate shall be based on the assessment of real and personal property of the taxable

inhabitants of the district as compiled and maintained by the town of Burrillville and described in

the tax rolls, except as otherwise provided herein. Exemptions as described in the town tax rolls

shall be honored, but the amount in each category is to be determined by the operating committee.

     C. Collection.

     1. The collector of taxes, before commencing his or her duties, shall give his or her bond

with corporate surety in an amount and form satisfactory to the operating committee, the premiums

for which shall be paid by the district.

     2. Upon the commitment to him or her of the assessment, the collector shall collect all taxes

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levied and assessed, said taxes to be payable on or before such time as provided herein or as the

district may determine. The collector of taxes shall proceed on behalf of the district in accordance

with applicable law to collect all taxes assessed and unpaid as of September October 1st of each

year. The collector of taxes shall close his or her books on the last day of August September in each

year.

     3. The collector shall thereafter prepare and submit at the annual meeting, or at a special

meeting if called upon to do so by a vote of the district, an annual report, audited by a certified

public accountant and confirmed and approved by the operating committee, describing the

condition of the district finances and the receipts and expenditures for the fiscal year preceding the

meeting.

     4. The collector of taxes for the district shall have the same powers and authority as are

conferred by law on collectors of taxes in the towns of this state.

     D. Imposition of fees in lieu of taxes.

     1. The operating committee shall have the power to determine an amount of taxes or fees

to be imposed in lieu of taxes to be paid each year on account of the real or personal property used

in connection with any facility for the generation of electricity located in the district,

notwithstanding the valuation of such property or the rate of tax. Such determination shall be for a

period not to exceed twenty-five (25) years. Any fees payable hereunder shall constitute a lien on

the property and shall bear interest and be otherwise collectible as may be provided in any contract

or agreement.

     2. The operating committee shall be vested with the power and authority to enter into any

contract or agreement regarding the amount of taxes or fees to be imposed in lieu of taxes upon any

facility for the generation of electricity located in the district. Such contract or agreement may

contain such terms and conditions as the operating committee, in its sole discretion, shall deem

necessary and appropriate, including, but not limited to, a provision indemnifying the owner or

lessors of such real or personal property used in connection with any facility for the generation of

electricity from third parties claiming payments for any reason, including the provision of fire

suppression and emergency medical and ambulance services or such other services as the district

may provide.

     3. All prior agreements between the district and the owner or lessors of such real or personal

property used in connection with any facility for the generation of electricity or actions taken in

connection therewith are hereby ratified in all respects.

     E. Fire Department

     A. Fire department -- Establishments. The district shall have the power to establish, in such

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form of entity as it may deem appropriate, a fire department for the purposes of providing fire

suppression and emergency medical and ambulance services as provided in this charter. The

operating committee may appoint and employ as many persons, including officers, and make any

and all provisions or by-laws for the purpose of organizing, establishing, and operating the fire

department as it may deem necessary and appropriate.

     B. Fire Chief.

     1. The chief of the fire department shall be appointed for a term of three (3) years by and

under the direction and control of the operating committee. The chief shall be responsible for

supervising the day to day affairs and operation of the fire department.

     2. The fire chief shall be in sole command of fire department personnel, apparatus, and

equipment from the time they leave the fire station and until they return, and only the chief shall

direct orders to the officers and personnel of the fire department when so deployed. If, due to illness,

absence or for any other cause, the chief is unable to act, the senior officer of the department shall

assume all the duties of the chief.

     3. The chief shall be consulted by the operating committee with respect to the purchase of

any fire apparatus or equipment. The operating committee shall consult with the chief with respect

to the purchase of fire apparatus or major equipment purchases.

     4. The superintendent of the water department shall notify the chief of any condition or

situation that would endanger property within the district in the event of fire or other emergency.

     C. Emergency powers. At any fire or emergency, the chief, or in his or her absence, the

senior officer, shall have the power to take any and all action deemed necessary and appropriate to

stop the progress of any fire, to suppress all disturbances and maintain order, to order any or all

persons to leave the vicinity of any fire, and to command from the inhabitants of the district all

necessary assistance in suppressing the fire and preserving and protecting life and property, and

any person violating such an order may be prosecuted and subject to the same penalties as provided

in section (g) B. below.

     F. Water Department

     A. Water department -- Establishment. The district shall have the power to establish, in

such form of entity as it may deem appropriate, a water department for the purpose of procuring,

distributing, and selling water as provided in this charter. The operating committee may appoint

and employ as many persons including officers, and make any and all provisions or by-laws for the

purpose of organizing, establishing, and operating the water department as it may deem necessary

and appropriate.

     B. Superintendent. The superintendent of the water department shall be appointed by and

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under the direction and control of the operating committee. The superintendent shall be responsible

for supervising the day to day affairs and operation of the water department.

     C. District water board.

     1. The district water board operating committee shall serve as the district water board and

be responsible for overall management and control of the water department., subject to

confirmation and approval of its acts by the operating committee. The water board shall be

composed of at least three (3) members, at least two (2) of whom shall also be members of the

operating committee. The water board shall answer and report to the operating committee.

     2. In the event the district distributes water outside the territorial limits of the district, and

the total number of outside customers shall equal twenty percent (20%) or more of the customers

served within the district, such outside customers shall be entitled to proportional representation on

the water board, rounded to the nearest whole number, as near as practicable. The operating

committee shall alter the number of members on the water board to provide for such representation

and whole number proportions; provided, there shall never be less than three (3) nor more than nine

(9) members on the board. The operating committee shall determine the manner of appointing,

selecting, or electing the representatives of such outside customers. Accordingly, and by way of

example, as soon as the number of outside water customers of the district reaches twenty percent

(20%), assuming an existing water board of three (3) members, the district shall increase the size

of the board to five (5) members, four (4) of whom shall be representatives of the district and one

(1) of whom shall represent the outside customers. By way of further example, should the number

of outside customers subsequently reach twenty-five percent (25%), the operating committee may

elect to either eliminate a district member from the board, leaving three (3) for the district and one

(1) for outside customers, or increase the board to eight (8) members, six (6) of whom shall be

representatives of the district and two (2) of whom shall be representatives of outside customers.

The operating committee need not alter the size of or proportional representation on the board

unless there is a five percent (5%) or greater change in the proportion between district and outside

customers.

     3. Each member of the water board shall be entitled to one (1) vote and at least two-thirds

of the members of the board, rounded to the nearest whole number, shall be deemed to constitute a

quorum for any meeting of the board. A majority of members present and voting at any meeting of

the water board shall be necessary to approve any motion, resolution, or matter called to vote.

     4. Subject to approval of the operating committee, the water board may enact such by-laws

as it deems necessary and appropriate for the regulation and conduct of its meetings and business.

     D. Non-discrimination in rates. The price charged to outside customers, per unit of water,

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shall not be greater than the price charged to district customers for the same unit of water.

     E. Exclusive right to distribute. The district shall have the exclusive right to distribute and

charge a fee for any water or water supply it procures or obtains.

     F. Water charges as lien. The owner of any house, building, tenement, or estate shall be

liable for the payment of the price or rent or rates fixed by the district for the use of water furnished

by the district to the owner or occupant of the house, building, tenement, or estate; and the price,

rent, or rates shall be a lien upon the house, building, tenement, or estate in the same way and

manner as taxes assessed on real estate are liens, and, if not paid as required by the district, shall

be collected in the same manner that taxes assessed on real estate are by law collected; provided,

however, that the district may charge interest on delinquent payments at a rate of not more than

eighteen percent (18%) per annum, all in accordance with R.I.G.L. section 39-15-12.

     G. By-laws

     A. General. The district may enact any and all by-laws deemed necessary and appropriate

to carry out its purposes as provided in this charter; provided, that no greater penalty may be

imposed than is prescribed in section (g) B. below, and that the same not be in violation of or

repugnant to this charter or any laws of this state.

     B. Emergencies. The district shall have the power to enact by-laws prescribing the duties

of the inhabitants of the district during a fire or other emergency and for the purpose of enforcing

the commands of fire department officers with respect to suppressing disorder, guarding or

removing property, or rendering other services in time of fire, and also for the protection of water

pipes, hydrants, safety valves, water gates or other apparatus or property of the district, and for any

breach of such by-laws may provide a penalty not exceeding a fine of one thousand dollars ($1,000)

to be recovered for the use of the district, or imprisonment for a term not exceeding thirty (30) days,

which said penalties may be enforced by prosecution on complaint of any officer of said fire

department before any court of competent jurisdiction. Any such prosecution must first be

authorized and approved by the operating committee.

     (H) Bonds and other obligations.

     A. Power to issue bonds and other instruments of indebtedness. The district shall have the

power and authority to issue bonds and any other instruments of indebtedness and to secure the

payment of the same in any manner and subject to such terms and conditions as may be deemed

necessary and appropriate and set forth in the resolution authorizing said bonds or other instruments

of indebtedness. The operating committee shall authorize the issuance of any bonds or other

instruments of indebtedness in a resolution, which shall thereafter be approved by the electors of

the district at any annual or special meeting. Any bonds or other instruments of indebtedness shall

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be signed by the clerk or any member of the operating committee designated in the resolution

authorizing the same and shall bear the seal of the district or a facsimile thereof.

     B. Limitation on alteration of powers of the district. The state does hereby pledge to and

agree with the holders of the bonds and other instruments of indebtedness of the district that the

state shall not limit or alter rights hereby vested in the district until the bonds or other instruments

of indebtedness, together with interest thereon, and all costs and expenses in connection with any

actions or proceedings by or on behalf of the holders thereof, are fully met and discharged or

otherwise provided for.

     (I) Eminent Domain.

     A. Authorization to take private property. In order to carry out the purposes of this charter,

the district shall have and enjoy all the authority and power conferred by the provisions of R.I.G.L.

Section 39-15-1, et seq., entitled "Water Supply," as the same may be amended from time to time;

or, in the alternative, the district may elect to utilize the procedures for condemnation set forth in

R.I.G.L. Section 24-1-1, et seq., entitled "Laying Out and Taking by Cities and Towns," as the

same may be amended from time to time. When utilizing the condemnation procedures pursuant to

either of the foregoing provisions, the district shall have all the authority and power of and be

subject to all the duties and liabilities imposed upon electors of towns, towns, or town councils by

said provisions.

     B. Installation and maintenance of pipes and other apparatus. The district may, within and

without the district and within the limits of the town of Burrillville, and also without the consent of

the town, install, make, construct, and maintain pipes, aqueducts, conduits, machinery, or other

equipment or appliances, or authorize the same to be done, and regulate the used thereof to the

extent deemed necessary or appropriate to carry out the purposes of the district. The power

conferred upon the district by this provision shall include the authority to carry any works to be

constructed over or enter upon and excavate under any highway, turnpike, railroad, street, or other

public way for the purpose of locating, laying, constructing, building, installing, operating,

maintaining, altering, repairing or replacing any pipes, appliances or other such apparatus, upon or

beneath the surface, in such a manner so as not to permanently obstruct free travel thereon. In

exercising the power granted under this provision, the district shall, except in emergencies, provide

advance notice to and otherwise cooperate and coordinate with the town to ensure that any such

installation or excavation shall be carried out with reasonable dispatch and with as little interference

with and inconvenience to the rights of the public as may be feasible. The district shall restore any

highway, turnpike, railroad, street, or other public way as near as may be possible to its original

condition of safety and utility after any such installation or excavation.

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     (J) Miscellaneous.

     A. Tax exemption. It is hereby declared that the district and the carrying out of its corporate

purposes are in all respects for the benefit of the people of the state, and for the improvement of

their health, safety, welfare, and prosperity, and that the district will be performing essential

governmental functions in the exercise of the powers conferred by this charter. Accordingly, the

district shall be required to pay no taxes or assessments or sums in lieu of taxes to the state or any

political subdivision thereof upon any of the property acquired by it or under its jurisdiction,

control, possession, or supervision or upon its activities or operations or upon any earnings,

revenues, moneys, or other income derived by the district, and that the bonds issued by the district

and any income therefrom shall at all times be exempt from taxation.

     B. Costs of collection. In addition to any other sums to which it may be entitled in

accordance with this charter and applicable law, in any action or proceeding to collect taxes

assessed or fees imposed in accordance with this charter, the district shall be entitled to also collect

the reasonable costs of collection, including attorneys fees.

     C. Public customers -- Non-discrimination. The district shall charge any city, county, town,

or water or fire district for the use of any facility of or services rendered by or any water,

commodities, or other utilities furnished to it by the district at rates applicable to other consumers

of such utilities or services.

     D. Not public utility. Notwithstanding the definition set forth in R.I.G.L. Section 39-1-

2(20), and as the same may be amended from time to time, the district shall not be considered a

"public utility" otherwise subject to regulation in accordance with applicable law, as long as the

price charged to outside customers per unit of water, light, or power is not greater than the priced

charged to district customers for the same unit of water, light, or power.

     E. Open meetings law. The district shall comply with the state Open Meetings Law,

R.I.G.L. Section 42-46-1, et seq., and as the same may be amended from time to time.

     F. Access to public records. The district shall comply with the state Access to Public

Records Act, R.I.G.L. Section 38-2-1, et seq., and as the same may be amended from time to time.

     G. Award of contracts. The district shall comply with the state Award of Municipal

Contracts Act, R.I.G.L. Section 45-55-1, et seq., and as the same may be amended from time to

time.

     H. Continuation of district. Any act, resolution, contract, employment, and/or any other

obligation, matter, or thing undertaken by the district in accordance with its charter as originally

granted, and as the same has been amended from time to time, shall be deemed to be continued and

in full force and effect under the terms of the charter as amended and granted herein.

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     I. Amendment. This charter may be amended by a majority of electors present and voting

at any annual or special meeting of the district, provided noticed thereof states that amendment to

the charter shall be considered at such meeting. An amendment to the charter shall be effective only

upon passage of an act by the general assembly amending the charter in conformity with such prior

vote of the district.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HARRISVILLE FIRE DISTRICT

***

     This act would amend the Harrisville Fire District Charter allowing the district to provide

rescue services in addition to fire suppression, medical and ambulance services. This act would

further require that the operating committee would replace the district water board and be

responsible for the management and control of the water department.

     This act would take effect upon passage.

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