Chapter 043

2003 -- H 6273 AS AMENDED

Enacted 06/03/03

A N A C T

RELATING TO THE NORTH TIVERTON FIRE DISTRICT

Introduced By: Representatives Amaral, and Enos

Date Introduced: April 03, 2003

It is enacted by the General Assembly as follows:

SECTION 1. The act, passed at the January session, 1926, approved April 23, 1926,

entitled “An Act to Incorporate the North Tiverton Fire District and to Furnish a Supply of Water

to the Town of Tiverton,” as amended by chapter 1117 of the public laws, 1927, by chapter 971

of the public laws, 1940, by chapter 1828 of the public laws, 1947, by an act passed at the

January session, 1948, approved April 15, 1948, by chapter 2815 of the public laws, 1951, by an

act passed at the January session, 1956, approved March 30, 1956, by the acts and resolves of

1975, by chapter 7 of the public laws of 1982, and by chapter 32 of the public laws, 1993, and by

chapter 42 of the public laws, 2002, is hereby further amended to read in full as follows:

Section 1. All that portion of the town of Tiverton enclosed within a line drawn from a

point where the state line intersects the shore of Mount Hope bay, and running southerly along

said shore and the shore of Seaconnet river to a point where said shore is intersected by the

southerly line of the former Carey’s lane, thence easterly along said southerly line of the former

Carey’s lane and a continuation easterly of said southerly line across the Fish road to a point one

hundred feet east from the easterly line of said Fish road, thence northerly running parallel with

said Fish road but one hundred feet from the easterly line thereof to the state line, thence westerly

along said state line to the point of beginning is hereby incorporated into a district to be called the

“North Tiverton fire district”. Said district shall also consist of all the remaining portion of the

town of Tiverton that is not included in the Stone Bridge fire district, the area of which is

described in chapter 974 of the public laws, 1940, entitled “An Act to Incorporate Stone Bridge

Fire District and to furnish a supply of water for the Town of Tiverton” except for areas serviced

by said Stone Bridge fire district prior to ~~creation of the Tiverton Water Authority on March 27, 1985~~

July 12, 1990. Said district may have a common seal, sue and be sued, and enjoy the other

powers generally incident to a corporation.

Section 2. The owner of any house, building, tenement or estate, situated in said town of

Tiverton, shall be liable for the payment of the price, rent or rate fixed by said district for the use

of water furnished by it to the owner or occupants of any such house, building, tenement, or

estate, and such price, rent or rates for water so furnished from time to time upon written order of

the owner shall be a lien upon such house, building, tenement, and estate in the same way and

manner as taxes lawfully assessed on real estate are liens, and if not paid as and when required by

said district, the same shall be collectible in the same manner as taxes assessed upon real estate.

In case of nonpayment of any water rates, charges and penalties established and required

to be paid to said district for water supplied or used by the owner, tenant or occupant of any

house, building, tenement or estate, said district is hereby authorized and empowered by its

agents and servants to enter such house, building, tenement or estate, and to then and there shut

off the water therefrom as and when it may deem advisable, and said district shall not thereafter

be compelled to again supply water to the owner, tenant or occupant of such house, building,

tenement or estate, until all unpaid charges and penalties due and unpaid to said district shall have

been paid in full. Payments of water rates, charges or penalties shall first be applied to any

arrearage of taxes.

Section 3. An elector of said district, as used in this act, shall mean a person who (1) is

eligible to vote at a Tiverton financial town meeting; (2) resides in said district; and (3) owns real

property in said district to which water is furnished by said district or which abuts a street in

which an active water main of said district is located.

Section 4. The annual meeting of said district shall be held on the first Tuesday in June in

every year. The polls for the election of the several officers named in section 5 hereof shall be

open at such time and place as shall be determined and advertised by the administrative board.

Special meetings of said district shall be called by the clerk upon order of the

administrative board or upon written application of at least seventy-five electors. It shall be the

duty of the clerk to fix a suitable place for the holding of all meetings, and to give notice of each

meeting, both annual and special, by posting such notice in at least ten public places within said

district, and publish such notice in a newspaper of general circulation, at least seven days before

the meeting, and such notice shall contain a statement of the time and place when and where a

meeting will be held for the purpose of correcting and canvassing the voting list to be used at any

such annual or special meeting, and it shall be the duty of the assessors of taxes of said district to

canvass and correct said voting list in the same manner, as near as may be, as is provided by law

for boards of canvassers. No vote except upon an adjournment, or in the annual election of

officers, shall be taken at any meeting of said district unless at least thirty electors are present at

such meeting.

Section 5. The electors of said district shall, at the annual meeting held the first Tuesday

in June, 1948, elect a moderator to serve for one (1) year, a district clerk to serve for two (2)

years, a tax collector to serve for two (2) years, a treasurer to serve for one (1) year, one (1) tax

assessor to serve for two (2) years, and two (2) tax assessors to serve each for one (1) year, and

until their successors are elected and qualified, whose duties and powers shall be within said

district, such as like officers of towns in this state have in their respective towns, proper for such

district. Thereafter in sequence at the annual elections held the first Tuesday in June, with the

exception of one (1) assessor who shall hold office for one (1) year, their respective successors

shall be chosen for terms of two (2) years and shall hold office until their successors are elected

and qualified. Two (2) additional tax assessors will be elected at the annual meeting held in June,

2003. One (1) such tax assessor shall be elected for a two (2) year term and the second tax

assessor shall be elected for a one (1) year term, and they shall be elected to alternate two (2) year

terms thereafter. Such additional tax assessors must be electors, provided that they reside in that

portion of said district that was part of the Tiverton Water Authority area and that is furnished

with water by said district or to any part of such area that may be furnished with water, from time

to time, in the future as the furnishing of water is extended by said district. Effective with the

annual meeting of 2005, the two (2) additional tax assessor positions may be held by any elector.

Such officers shall constitute the administrative board, and the duties of such board shall

be such as are prescribed in this act, and are defined by the bylaws of said district. Any vacancy

that may occur in any of the forenamed offices between annual meetings shall be filled by some

person to be chosen by the other members of the administrative board to hold such office until the

next annual meeting. The electors of said district may at any meeting adopt and ordain such

bylaws, and from time to time rescind or amend the same, as they shall deem necessary and

proper for the purpose of this act and not repugnant thereto, and not inconsistent with any other

law, and may appoint such committees as they may deem necessary, and may fix compensation

of all officers, agents, employees and committees of the district.

Section 6. Said district is hereby authorized to obtain and maintain for said district a

supply of water for the extinguishing of fire, and for distribution to the inhabitants of said district

as it deems proper and as circumstances permit, in the sole discretion of said district, for domestic

use and for other purposes, and may obtain such water by the establishment of its own works, or

by contracting therefore with some other person or corporation within or without the state or in

such other manner as to said district may seem necessary and proper, and is not inconsistent with

law. If said district shall undertake to distribute the water so obtained, it shall have the exclusive

right thereto, and may maintain an action against any person for using the same without the

consent of said district, and may regulate the distribution and use of said water within and without

said district, and from time to time fix the price for the use thereof, and the owner of any

tenement shall be liable for the payment of the price of rent for the use of the water distributed to

such premises. Said district may establish such public hydrants in such public places as it may see

fit and prescribe for what purposes the same shall be used, all of which it may change in its

discretion.

Said district and its employees shall have access to all pipes, meters, outside registers,

valves, and regulators for the purpose of normal maintenance or inspection and if access is not

made available for this purpose said district shall have the right, after notice by certified mail, to

shut off water to the property.

For the purposes of this act the electors of said district shall have and enjoy all the

authority and power conferred upon the electors of any town, and the administrative board of said

district shall have and enjoy all the authority and power conferred upon the town council of any

town, by the provisions of chapter 179 of the general laws, entitled “Of Municipal Water

Supply”, and of all acts in amendment thereof and in addition thereto, and when exercising such

power and authority shall be subject to all the duties and liabilities imposed by said chapter and

acts upon towns and town councils, respectively.

Upon taking any private property or interest therein, said district shall deposit in the

superior court, for the payment of compensation on account of the property, or interest, so taken,

such sum as the court shall determine to be amply sufficient to satisfy the claims of all persons

interested in the property (and the court may, in its discretion, take evidence to determine the sum

to be deposited) and the use of such funds for such purpose shall be a fixed obligation of said

district to the extent required for such purpose; the full faith and credit of said district shall be

deemed pledged to pay such compensation as may be awarded or agreed upon; and the treasurer

shall pay the seller from any funds available therefor, which shall include, but shall not be limited

to, the funds so deposited. Upon application of said district, the court may refund to said district

any money on deposit which is determined to be in excess of the amount needed.

Written notice shall be given to the interested party personally or left at his/her last and

usual place of abode in this state with some person living there. If the party is absent from the

state and has no last and usual place of abode therein occupied by any such person, the notice

shall be left with the person, if any, in charge of or having possession of the land involved and

another copy shall be mailed to the address of the absent party if the same is known to the officer

or person making the service.

If any property or right is taken in which an infant or other person not capable in law to

act in his/her own behalf is interested, the superior court may appoint a guardian ad litem for such

infant or other person if such infant or other person is not represented in Rhode Island by a

guardian or conservator. Any guardian ad litem or guardian or conservator, may, with the

approval of the superior court, agree with said district on the compensation to be paid and, upon

receipt of the same, release to said district all claims for damages on behalf of the infant or other

incapacitated person.

Section 7. Said district may within and without said district, and within the limits of said

town of Tiverton, and if without said district with the consent of said town, drive, lay, make,

construct and maintain pipes, aqueducts, conduits, machinery or other equipment or appliance or

authorize the same to be done, and regulate the use thereof. And for the purposes aforesaid, said

district may carry any works to be constructed, or authorized to be constructed by it, over any

highway, turnpike, railroad or street, in such manner as not to permanently obstruct or impede

travel thereon; and may enter upon and dig up any highway, turnpike, road or street for the

purpose of laying down pipes or building aqueducts, or upon or beneath the surface thereof, or for

the purpose of repairing the same, and if in the course of such making, constructing, or repairing

any pipe, conduit or other structure lawfully located in such highway, turnpike, road or street is

damaged, or in the location of such pipe, conduit or other structure is changed, said district shall

reimburse the owner of such pipe, conduit or other structure for such damage, or for the expense

of such change of location. Said district shall restore any highway, turnpike, road or street so dug

up, to meet current Department of Public Works regulations. All pipes, conduits, aqueducts,

machinery, implements, equipment, appliances and all other property of said district used by said

district for the purposes provided for by this act, shall be exempt from all taxes for state, town, or

district purposes.

Section 8. The electors of said district, at any meeting of said district, shall have the

power to order such taxes, and provide for assessing and collecting the same, on district property

owners for the purpose of obtaining and maintaining a supply of water and distributing the same

throughout the town of Tiverton for the extinguishing of fire (including the installation and

maintenance of fire hydrants), power, domestic and other uses; and for establishing and

maintaining and constructing water works, driving wells, and operating the same, and purchasing

and leasing real estate, and other property and property rights necessary for a water supply, and

laying and maintaining pipes, conduits, aqueducts and other structures connected therewith, and

purchasing implements, machinery and other appliances; and for the payment of the current

expenses of said district; the payment of such officers, employees and other agents as they are

authorized to elect, appoint or otherwise choose under this act; also for the payment of any

indebtedness that has been or may be incurred by said district; and such taxes so ordered shall be

assessed by the assessors of said district on the electors 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 may have been omitted by said town assessors or afterwards

acquired, and in all cases where the town assessors have included property without said district in

one valuation, the assessors of said district shall make an equitable valuation of that portion of

said property lying within said district; and in the assessing and collecting of said taxes

proceedings shall be had by officers of said district as near as may be, as required to be had by the

corresponding officers of towns in assessing and collecting town 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 by law conferred on collectors of taxes for towns in this state. Said district may

provide for such deduction from tax assessed against any person if paid by an appointed time, or

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

twelve percent per annum, as they shall deem necessary to insure punctual payment. Except as

otherwise provided, no such tax shall be assessed unless the proposition to impose the same shall

have been approved by a majority of the electors voting thereon.

Section 9. (a) Said district is hereby empowered, in addition to authority previously

granted, to borrow money and issue from time to time under its corporate name and seal or a

facsimile of such seal, bonds, notes or other evidence of indebtedness (hereinafter called “bonds”)

for the purposes of carrying out the provisions of this act.

The bonds of each issue may be issued in the form of serial bonds or term bonds or a

combination thereof and shall be payable either by maturity of principal in the case of serial

bonds or by mandatory serial redemption in the case of term bonds, in annual installment of

principal, the first installment to be not later than three (3) years and the last installment not later

than fifty (50) years after the date of the bonds. For each issue the amounts payable in the several

years for principal and interest combined shall be as nearly equal at it is practicable to make them

in the opinion of the administrative board or in the alternative in accordance with a schedule

providing a more rapid amortization of principal. Sections 5.1 and 5.2 of chapter 12 of title 45 of

the general laws shall apply to any such bonds.

(b) The bonds shall be signed by the district treasurer and by the manual or facsimile

signature of the moderator and shall be issued and sold at not less than par and accrued interest in

such amounts as the administrative board may authorize. The manner of sale, denominations,

maturities, interest rates and other terms, conditions and details of any bonds or notes issued

under this act may be fixed by the proceedings of said district authorizing the issue or by separate

resolution of said district or, to the extent provisions for these matters are not so made, they may

be fixed by the administrative board. Interest coupons (if any) shall bear the facsimile signature of

the district treasurer. The proceeds derived from the sale of the bonds shall be delivered to the

district treasurer, and such proceeds exclusive of premiums and accrued interest shall be

expended (A) for the purpose of (i) purchasing and leasing land and other property and property

rights necessary for fire or water supply purposes, (ii) erecting, purchasing and leasing a building

or buildings necessary for fire or water supply purposes, (iii) obtaining and maintaining a supply

of water and distributing the same to the district as determined by the administrative board in its

discretion, (iv) establishing and maintaining and constructing water works, (v) driving wells, (vi)

laying and maintaining pipes, conduits, aqueducts and other structures connected therewith, (vii)

purchasing implements, machinery, fire apparatus and other appliances, and (viii) operating

expense; or (B) in payment of the principal of or interest on temporary notes issued under

paragraph (c); or (C) in repayment of advances under paragraph (d). No purchaser of any bonds

or notes under this act shall be in any way responsible for the proper application of the proceeds

derived from the sale thereof.

or discounted notes in anticipation of the issue of bonds authorized under paragraph (b) in or in

anticipation of the receipt of federal or state aid for the purposes of this act. The amount of

original notes issued in anticipation of bonds may not exceed the amount of bonds authorized

under paragraph (a) and the amount of original notes issued in anticipation of federal or state aid

may not exceed the amount of available federal or state aid as estimated by the district treasurer.

The temporary notes issued hereunder shall be signed by the district treasurer and by the

moderator and shall be payable within three (3) years from their respective dates, but the principal

of and interest on notes issued for a shorter period may be renewed or paid from time to time by

the issue of other notes hereunder, provided the period from the date of an original note to the

maturity of any note issued to renew or pay the same debt or the interest thereon shall not exceed

three (3) years.

(d) Pending any authorization or issue of bonds hereunder or pending or in lieu of any

authorization or issue of notes hereunder, the district treasurer, with the approval of the

administrative board, may, to the extent that bonds or notes may be issued hereunder, apply funds

in the treasury of said district to the purposes specified in paragraph (b), such advances to be

repaid without interest from the proceeds of bonds or notes subsequently issued or from the

proceeds of applicable federal or state assistance or from other available funds.

(e) Any proceeds of bonds or notes issued hereunder or of any applicable federal or state

assistance, pending their expenditure, may be deposited or invested by the district treasurer in

demand deposits, time deposits or savings deposits in banks which are members of the Federal

Deposit Insurance Corporation or in obligations issued or guaranteed by the United States of

America or by any agency or instrumentality thereof or as may be provided in any other

applicable law of the state of Rhode Island.

(f) Any accrued interest received upon the sale of bonds or notes hereunder shall be

applied to the payment of the first interest due thereon. Any premiums arising from the sale of

bonds or notes hereunder shall, in the discretion of the district treasurer, be applied to the cost

preparing, issuing and marketing bonds or notes hereunder, to the extent not otherwise provided,

to the payment of the cost of the project being financed by the bonds, to the payment of the

principal of or interest on bonds or notes issued hereunder or to any one or more of the foregoing.

The cost of preparing, issuing and marketing bonds or notes hereunder may also, in the discretion

of the district treasurer, be met from bond or note proceeds exclusive of premium and accrued

interest or from other moneys available therefor. Any balance of bond or note proceeds remaining

after payment of the cost of the project being financed by the bonds and the cost of preparing,

issuing and marketing bonds or notes hereunder shall be applied to the payment of the principal

of or interest on bonds or notes issued hereunder. Any earnings or net profit realized from the

deposit or investment or funds hereunder shall upon receipt be added to and dealt with as part of

the revenues of said district from property taxes or water rates. In exercising any discretion under

this section, the district treasurer shall be governed by any instructions adopted by resolution of

the administrative board.

(g) Said district shall annually appropriate a sum sufficient to pay the principal and

interest coming due within the year on bonds and notes issued hereunder to the extent that monies

therefor are not otherwise provided. If such sum is not appropriated, it shall nevertheless be added

to the annual tax levy. In order to provide such sum in each year and notwithstanding any

provision of law to the contrary, all taxable property in said district shall be subject to ad valorem

taxation by said district without limitation as to rate or amount.

(h) Any bonds or notes issued under the provisions of this act and coupons on any bonds,

if properly executed by officers of said district in office on the date of execution, shall be valid

and binding according to their terms notwithstanding that before the delivery thereof and payment

therefor any or all of such officers shall for any reason have ceased to hold office.

(i) In addition to the bonds and notes authorized in paragraphs (a) and (c) of this section,

said district is hereby empowered to borrow from time to time in each financial year in

anticipation of the receipt of the proceeds of the annual tax due or to become due in said financial

year upon the ratable property within said district, and in anticipation of the receipt of the then

uncollected proceeds of the annual tax for the next preceding financial year, an amount which,

together with any money borrowed in anticipation of taxes in any prior year which may remain

unpaid, shall not exceed eighty percent (80%) of the tax levy of the then current financial year or

which, if no tax levy shall then have been made, shall not exceed eighty percent (80%) of the tax

levy of the next preceding financial year, the money to be borrowed to be used and expended for

the payment of the current liabilities and expenses of said district, and to authorize its treasurer to

issue, with the approval of the administrative board, its interest bearing or discounted notes

therefor. Notes issued pursuant to this paragraph shall be signed by the district treasurer and the

moderator and shall be made payable not later than one year from their dates, but may be renewed

or paid by the issue of new notes payable not later than one year from the date of the original

notes so renewed or paid. Said district shall assess and levy a tax in each financial year sufficient

to provide funds for payment of all outstanding notes theretofore issued in anticipation of taxes of

prior financial years.

(j) Notwithstanding any provision of law to the contrary, any bonds or notes issued by

said district hereunder, their transfer, and the income thereon (including any profits made on the

sale thereof) shall at all times be exempt from taxation by the state of Rhode Island or any

subdivision thereof other than estate and succession taxes.

SECTION 2. This act shall take effect upon approval of this amendment by the electors

of the North Tiverton fire district.

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LC02904

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