Chapter 173

2009 -- S 0955

Enacted 07/16/09

 

A N A C T

IN AMENDMENT OF AN ACT TO INCORPORATE THE QUINNVILLE FIRE DISTRICT IN THE TOWN OF LINCOLN, AS AMENDED

     

     Introduced By: Senator Daniel P. Connors

     Date Introduced: May 28, 2009

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 4, 7 and 8 of the act, passed at the January, 1954 session of the

General Assembly entitled "An act in amendment of an and in addition to the act, passed at the

January session, A.D. 1928, approved March 23, 1928 entitled "An act to incorporate the

Quinnville Fire District in the town of Lincoln' as amended" are hereby further amended to read

as follows:

     Sec. 4. Said electors at annual meetings may elect officers, which officers shall consist of

one president of fire wardens, and two fire wardens to serve for a period of three years. Other

officers shall consist of a moderator, clerk, treasurer, three assessors, a collector of taxes, and

three auditors, who shall serve for a period of one year.

     Sec. 7. Said electors at any of their regular meetings may authorize and empower the

treasurer of said district to borrow money, to give the note or notes of said district for money so

borrowed and to give renewals thereof; provided, however, that at no time shall the note or notes

and renewals of notes outstanding exceed the total of ten thousand dollars.

     The Quinnville Fire District (hereinafter the "District") may have a common seal, sue and

be sued, and enjoy the other powers generally incidental to the quasi-municipal corporation,

including the following:

     (a) To provide fire suppression and prevention within or outside the territorial limits of

the District.

     (b) To obtain, own, establish, operate, maintain, equip, repair, improve, and enlarge any

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

District.

     (c) To acquire, hold, use, lease, sell, transfer and/or dispose of any property, real,

personal, intangible or any interest therein for its corporate purposes, and to mortgage, pledge or

lease any such property.

     (d) 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.

     (e) To contract in its own name for any lawful purposes deemed necessary to carry out

the purposes of the District.

     (f) To execute all instruments necessary to carry out the purposes of the District.

     (g) To enter into cooperative agreements with cities, counties, towns or fire districts

within or outside the District for mutual aid or for any other lawful corporate purposes necessary

or desirable to carry out the purposes of the District.

     (h) To fix rates and collect charges for the use of facilities or for services rendered by or

furnished by the District, or its employees or its volunteers.

     (i) To expend such funds as necessary to effect repairs in the event of damage or failure

with renders the District unable to provide appropriate response to fire and related emergencies.

     (j) To employ a certified public accountant to periodically audit the financial records of

the District.

     (k) To retain legal counsel, on an annual and as-needed basis, to represent and advise the

District.

     (l) 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 chapter.

     Sec. 8. Said electors may provide for the breach of any by-law a penalty consisting of

payment of damages and/or a fine not exceeding ten dollars to be recovered for the use of said

district or imprisonment for a term not exceeding seven days, or both. Such penalty may be

enforced by prosecution on complaint and warrant in the district court of the eleventh judicial

district. [REPEALED]

     SECTION 2. Section 6 of the act passed at the January, 1982 session of the General

Assembly entitled "AN ACT in Amendment of An Act to Incorporate the Quinnville Fire District

in the Town of Lincoln As Amended" is hereby further amended to read as follows:

     Sec. 6. Said electors at any of their regular meeting shall have power to order such taxes

and assessments on the taxable inhabitants and property in said district as they shall deem

necessary for purchasing and procuring of real estate and buildings, and for purchasing and rental

of hydrants, implements, apparatus and other equipment and for the payment of current expenses

of said district, for the payment of current expenses of said district, for the payment of such police

force as they may deem necessary for the protection of the inhabitants of said district from fires

and for the preservation of the public peace therein, and also for the payment of any indebtedness

that has been or may be incurred by said district. Such taxes so ordered shall be assessed by the

assessors of said district on the taxable inhabitants and property therein, according to the last

valuation made by the assessors of the town, next previous to said assessment; provided,

however, any taxable property acquired within said district shall be assessed within four days

preceding any annual meeting. The collector of taxes for said district shall for the purpose of

collecting taxes assessed for said district have the same powers and authorities as are now by law

conferred upon collectors of taxes for towns in this state. Said district may provide for such

deduction from the tax assessed against any person if paid by an appointed time and for such

penalty by way of percentage on the unpaid balance if not paid at an appointed time, such

percentage not to exceed the maximum permitted in accordance with the laws of the state, as they

may be amended form time to time; provided, however, that the tax assessed and payable in any

one year under the provisions of this section shall not exceed five mills on each dollar of said

valuation; provided, further, however, no tax shall be less than $1.00 per annum. In assessing and

collecting said taxes and amounts, the officers of the district shall conduct such proceedings and

follow such procedures as state law requires to be followed by the corresponding officers of

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

     SECTION 3. Sec. 3 of the act, passed at the January, 1992 session of the General

Assembly entitled "AN ACT IN AMENDMENT OF THE QUINNVILLE FIRE DISTRICT IN

THE TOWN OF LINCOLN" is hereby further amended to read as follows:

     Sec. 3. Notwithstanding any of the provisions of section 37-8-15, the annual meeting of

said corporation shall be held on the first Monday in May at the Lincoln Town Hall. Quinnville

Fire Hall from which the District operates. If the town District cannot make the hall available on

that night, the meeting shall be held on the next available Monday evening.

     SECTION 4. This act shall take effect upon passage.

     

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LC02686

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