2023 -- H 6166

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LC002549

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO THE CONSOLIDATION OF THE OAKLAND--MAPLEVILLE #4 AND THE

NASONVILLE FIRE DISTRICTS INTO THE BURRILLVILLE FIRE DISTRICT

     

     Introduced By: Representatives Place, and Newberry

     Date Introduced: March 17, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. The Oakland-Mapleville #4 and the Nasonville Fire Districts are hereby

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merged and consolidated into Burrillville Fire District in the manner and form as follows:

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     Section 1. Consolidation; Name; Jurisdiction

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     All that part of the Town of Burrillville encompassing the villages of Oakland, Mapleville,

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Whipples, Gazzaville, Tarkiln, Oak Valley, Nasonville, Mohegan, Mount Pleasant and parts of the

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village of Glendale, to include all property of the former Oakland-Mapleville Fire District # 4 and

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the Nasonville Fire District as defined and as more specifically described in Section 13 hereof, are

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hereby merged and consolidated into a district to be called the "Burrillville Fire District". Said

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district, hereinafter called the District, may have a common seal, sue and be sued and enjoy the

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other powers generally incident to corporations. The Burrillville Fire District, upon consolidation,

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shall be vested with title, ownership and control of all property and assets of, and shall assume all

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liabilities of, the Oakland-Mapleville #4 and the Nasonville Fire Districts. The Oakland-Mapleville

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#4 and the Nasonville Fire Districts shall be hereby dissolved and the charters are hereby revoked

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upon said consolidation being approved.

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     Section 2. Voters.

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     The inhabitants of the District, qualified to vote in Town of Burrillville affairs on

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propositions to impose a tax or for the expenditure of money (thereafter called "Qualified Voters")

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shall be eligible to vote and act at all meetings of the District.

 

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     Section 3. Meetings.

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     The annual meeting of the District shall be held on the third Wednesday in September in

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each year. The Clerk of the District shall, at least five (5) days before the meeting, give notice of

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the same by posting conspicuously in public places within the limits of the District, not less than

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three (3) written or printed notices setting forth the time and place of such meeting.

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     A special meeting may be called by twelve (12) or more of the Qualified Voters of the

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District. Such call shall consist of posting in the same manner and for the same time before such

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meetings as are the annual meetings. No vote except upon an adjournment or on the election of

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

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Qualified Voters are present at such meeting. All persons possessing the qualifications set forth in

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Section 2 of this act shall be entitled to vote by ballot or otherwise as they determine, at the first

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meeting upon the proposition: "Shall the Burrillville Fire District be established according to the

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act of consolidation passed by the general assembly of the State of Rhode Island". If a majority of

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the persons so qualified shall vote in the affirmative, the Fire District shall be established according

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to the provision of this act. If a majority of the persons so voting shall vote in the negative, then

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this act shall become null and void. All meetings of the District shall be in accord with the Open

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Meetings Law, chapter 46 of title 42.

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     Section 4. Governing Body.

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     The Qualified Voters of the District at each annual meeting, may elect an operating

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committee (the “Operating Committee”) to serve staggered terms according to the Bylaws of the

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District, until the next annual meeting and until others may be chosen in their stead. The Operating

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Committee shall consist of seven (7) members. The Operating Committee shall elect one of its

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members to serve as Chairperson of the District which includes the duties incumbent upon any

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Chief Executive Officer and shall be the official spokesperson for the District. Any vacancy on the

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Operating Committee shall be filled by the next highest vote getter at the prior annual District

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meeting. If there is none, or if the one chosen shall decline to serve, the next highest vote getter

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will be chosen. If there are none, then the remaining Operating Committee members shall appoint

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a Qualified Voter to serve. The Operating Committee, by majority vote, shall appoint operating

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officers to include a Clerk, Treasurer, and a Collector of Taxes/Tax Assessor, whose duties and

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powers within the District shall be such as like officers of the towns in this state. The Chairperson

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shall serve as an ex officio member of all subcommittees of the Operating Committee and shall

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vote, as a member of the subcommittees, only when necessary to break a tie. The Operating

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Committee shall have full power to manage the affairs and interests of the District. The Operating

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Committee shall have responsibility for maintaining, repairing and insuring all property, real and

 

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personal, owned by the District. The Operating Committee shall appoint a Fire Chief. The Fire

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Chief shall have general supervision and control of the fire companies and shall serve as liaison

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between the Operating Committee and the fire companies. All members of the Operating

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Committee shall be residents and Qualified Voters of the District. The Operating Committee may,

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at its option, appoint non-residents to the positions of Clerk, Tax Collector/Tax Assessor, Treasurer

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and Fire Chief.

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     Section 5. Taxes.

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     The Qualified Voters of the District at any of their legal meetings, shall have power to

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

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property in the District, as they shall deem necessary for purchasing, hiring and otherwise procuring

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real estate, buildings, implements and apparatus and a supply of water for the extinguishing of fires;

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purchasing, hiring and otherwise procuring equipment for the providing of emergency medical

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services; for the payment of the operating expenses of the District; for the preservation of the public

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peace; and for the payment of any indebtedness incurred by the District; and such taxes so ordered

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shall be assessed by the assessor of the District on the taxable inhabitants and the property therein

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according to the last valuation made by the Assessor of the Town next previous to said assessment,

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adding, however, any taxable property which have been omitted by said Town Assessor or after

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acquired, and in all cases where the Town Assessor has included property within the District and

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property without the District in one valuation, the Assessor of the District shall make an equitable

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valuation of the portion of the same lying within the District; and in the assessing and collecting of

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said taxes such proceeding shall be had by the officers of the District, as near as may be, as are

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required to be had by the corresponding officers of Towns in assessing and collection of taxes; and

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the collector of taxes for the District shall, for the purpose of collecting taxes assessed by the

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District, have the same powers and authority as are now or may hereafter be by law conferred on

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collectors of taxes for towns in this state. The District may assess such penalty by way of percentage

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on the tax if not paid at the appointed time not to exceed eighteen percent (18%) per annum, as they

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shall deem necessary. In addition to any other sums to which it may be entitled in accordance with

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this Charter and applicable laws, in any action or proceeding to collect taxes, the District shall be

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entitled to collect the reasonable costs of collection including, but not limited to, attorneys' fees.

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The Qualified Voters of the District at any of their legal meetings shall have power to order the sale

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or purchase of real property and personal property owned by the District.

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     Section 6. Bylaws.

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     The Qualified Voters of the District at any legal meeting shall have the power to enact such

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bylaws and from time to time to rescind or amend the same by two-thirds (2/3) vote in accordance

 

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with the amendment procedure set forth in the Bylaws as they may deem necessary or proper for

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the purposes of this act and not repugnant thereto or inconsistent with any other law; provided that,

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no greater penalty shall be inflicted thereby than is provided in this Section 6 and may appoint such

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committees as they may deem necessary and may fix the compensation of all officers, agents,

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employees and committees of the District. Such Bylaws may further prescribe the duties of the Fire

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Chief and of the inhabitants of the District in the time of conflagration, and the method of enforcing

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the commands of the Fire Chief, and for the appointment of officers for suppressing disorder and

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tumult, guarding or removing property, and rendering other services in time of fire or emergency,

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and also for the protection of water pipes, hydrants, safety valves, water gates or other apparatus or

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property of or in the District, and for any breach of any Bylaw may provide a penalty not exceeding

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a fine of one hundred dollars ($100), to be recovered for the use of the District, or imprisonment

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for a term not exceeding thirty (30) days, which penalty may be enforced by prosecution, on

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complaint of any officer of the Fire District, before any court of competent jurisdiction. Any such

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prosecution must first be authorized and approved by the Operating Committee.

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     Section 7. Authorization to Form Fire Company.

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     The Operating Committee of the District at any legal meeting shall have the authority to

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appoint, or may direct the Fire Chief to appoint, so many men/women as the Operating Committee

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deems necessary and proper to be formed into a Fire Company, and to adopt and approve all such

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regulations for organizing, establishing and maintaining the same and the equipment thereof as the

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Operating Committee shall see fit.

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     Section 8. Special Meetings.

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     The District may hold special meetings, which as well as the annual meeting, shall be held

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within the District and notification shall be given of such special meeting in such manner as the

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Bylaws and the open meetings laws of the State of Rhode Island shall prescribe; and it shall be the

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duty of the Clerk to call a special meeting on written application signed by twelve (12) or more

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Qualified Voters of the District; and whenever the subject of ordering a tax or amending the Charter

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or Bylaws is to be acted on, the same shall be mentioned in the notice, unless it be the annual

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meeting.

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     Section 9. Scope of Bylaws.

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     The District may enact all Bylaws by it judged necessary and expedient for carrying the

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provisions of the act into effect; provided that, no greater penalty be inflicted thereby then is

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prescribed in the Section 6; and provided, further, the same be not in violation of or repugnant to

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the laws of this State.

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     Section 10. Liens.

 

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     District taxes shall constitute a lien upon the property assessed and if not paid when due

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shall carry an interest penalty at the rate imposed from time to time by vote of the District.

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     Section 11. Authorization to Borrow Funds.

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     The District may also borrow money from time to time for the purpose herein specified

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and issue bonds or notes therefor which shall be binding upon such District in the same manner as

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Town or City notes. All bonds are binding upon the District using them but the District shall not

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have outstanding at any time bonds or notes of a face value or more than three percent (3%) of the

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total valuation of real estate within the District.

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     Section 12. Amendments.

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     This charter may be amended by a vote of at least two-thirds (2/3) of Qualified Voters

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present and voting at any annual or special meeting of the District, provided the notice thereof states

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that an amendment to the Charter shall be considered at such meeting. An amendment to the Charter

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in conformity with such prior vote of the District shall be effective upon approval.

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     Section 13. Legal Description of the District.

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     The District shall include:

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     All that part of the Town of Burrillville enclosed by a line drawn from the point of

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beginning at the intersection of Lapham Farm road and Steere Farm road; thence to a point of the

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Burrillville and Glocester town line on present Route 102 following the Burrillville and Glocester

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town line to Cooper road; thence northerly to the intersection of Tarkiln road and Snake Hill road;

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thence north along Snake Hill road to the intersection of Snake Hill road and Barnes road; thence

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northeast to the most southeast corner of land now or formerly owned by Gordon and Elsie M.

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Robertson (164/012); thence northeasterly to the junction of Victory highway and so-called Hoyle

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road; thence northwest along the Nasonville and Glendale boundary line to the center line of Branch

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River; thence south westerly along the center line of Branch River to the northerly line of present

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Route 102; thence westerly following the northerly line of present Route 102 to the point of

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intersection of said northerly line of present Route 102 and the extension of the most westerly

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property line of land now or formerly owned by James F. Thibault (129/022); thence northwesterly

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along the extension of said property line to the most northwesterly corner of Thibault land; thence

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westerly to the most southerly corner of land now or formerly owned by Ross C. and Takeko T.

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Burnett (129/013); thence westerly to the most southwesterly corner of land now or formerly owned

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by the State of Rhode Island; thence westerly to the most northeasterly corner of land now or

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formerly owned by Harry S. Siperstein (144/019); thence westerly along the Siperstein land

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approximately one thousand four hundred fifty two feet (1,452') to another corner of the Siperstein

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land; thence southwesterly to a point two hundred (200') feet beyond the corner of East avenue and

 

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Whipple avenue; thence southwesterly to the northwest corner of the Sadowski House (178/001);

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thence southwesterly to the point of beginning; and further shall include:

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     All that part of the Town of Burrillville, including the villages of Mohegan, Nasonville,

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Mt. Pleasant and Tarkiln, enclosed by a line beginning at a brook on Joslin road, known as the

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Joslin brook; thence northwesterly to the Old Schoolhouse at second four corners, so-called, on the

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Douglas pike; thence westerly to a point five hundred feet (500') from the Douglas pike; thence

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northwesterly in a straight line crossed West Ironstone road, to the Massachusetts state line at a

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point five hundred feet (500') westerly from Douglas Pike; thence easterly following the

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Massachusetts state line to the North Smithfield town line; thence along the North Smithfield town

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line to a point where the towns of Burrillville, Smithfield and Glocester join; thence westerly

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following the Glocester town line to the Tarkiln brook; thence northwesterly to the junction of

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Tarkiln and Snake Hill roads, continuing northerly following the former Oakland-Mapleville fire

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district line to the junction of Snake Hill and Barnes roads, thence northerly in a straight line to

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Hoyle road, so-called, on Victory highway, following the boundaries of the Glendale fire district,

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approved March 7, 1942; thence northwesterly to a point of beginning on Joslin road.

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     SECTION 2. This act shall take effect upon passage and subsequent voter approval

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whereupon all acts and parts of any acts inconsistent herewith are hereby repealed.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE CONSOLIDATION OF THE OAKLAND--MAPLEVILLE #4 AND THE

NASONVILLE FIRE DISTRICTS INTO THE BURRILLVILLE FIRE DISTRICT

***

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     This act would authorize, subject to voter approval, the merger and consolidation of the

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Oakland-Mapleville Fire District #4 and the Nasonville Fire District into a district to be called the

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"Burrillville Fire District."

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     This act would take effect upon passage and subsequent voter approval whereupon all acts

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and parts of any acts inconsistent herewith would be repealed.

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